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HomeMy WebLinkAboutPermit PL10-029 - CITY OF TUKWILA - TUKWILA SOUTH ANNEXATION AREA ZONING CODE AMENDMENTTUKWILA SOUTH ANNEXATION AREA ZONING CODE AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT COMPREHENSIVE PLAN AMENDMENT PLI 0-029 L10-034 • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack -Pace; Director NOTICE OF DECISION TO: City of Tukwila, Applicant King County Assessor, Accounting Division Washington State Department of Ecology September 29, 2010 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L10-034 Applicant: City of Tukwila (Rebecca Fox, planner) Type of Permit Applied for: Rezone Project Description: Establish zoning consistent with Comprehensive Plan designations in the Tukwila South annexation area Location: Approximately 259 acres, generally located between: South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. Associated Files: El 0-013 SEPA determination Comprehensive Plan Designation/Zoning District: C/LI --Commercial Light Industrial (Former) MDR—Medium Density Residential (New designation) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously: H:\COMP PLAN 2009-2010\Notice of Decision\Tukwila.South.--NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 1 of 2 09/30/2010 6300 Southcenter Boulevard, Suite #100 a Tukwila, Washington 98188 • Phone: 206-431-3670 a Fax: 206-431-3665 determined that the projecLatroposed, does not create a probable significant environmental impact and issueda.Determmahon of Non=Significance (DNS). 1 - Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application to establish zoning consistent with the existing Comprehensive Plan on approximately 259 acres, generally located between: South 188t Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east does comply with applicable City and state code requirements and has approved that application based on the fmdings and conclusions contained in the staff report, subject to any conditions which are set forth in the Decision. The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be fmal. W. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Rebecca Fox, who may be contacted at 206-431-3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. , may; ty Department of Community f evelopment City of Tukwila H:\COMP PLAN 2009-2010\Notice of Decision\TukwilaSouth.—NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 2 of 2 09/30/2010 September 29, 2010 NOTICE OF DECISION TO: City of Tukwila, Applicant King County Assessor, Accounting Division Washington State Department of Ecology This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project and permit approval. I. PROJECT INFORMATION Project File Number: L10-034 Applicant: City of Tukwila (Rebecca Fox, planner) Type of Permit Applied for: Rezone Project Description: Establish zoning consistent with Comprehensive Plan designations in the Tukwila South annexation area Location: Approximately 259 acres, generally located between: South 188`h Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. Associated Files: E10-013 SEPA determination Comprehensive Plan Designation/Zoning District: C/LI --Commercial Light Industrial (Former) MDR—Medium Density Residential (New designation) II. DECISION SEPA Determination: The City SEPA Responsible Official has previously: H:\COMP PLAN 2009-2010\Notice of Decision\TukwilaSouth.--NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 1 of 2 09/30/2010 • • determined that the project, as proposed, does not create a probable significant environmental impact and issued a Determination of Non -Significance (DNS). Decision on Substantive Permit: The City Council has determined, following an open record hearing, that the application to establish zoning consistent with the existing Comprehensive Plan on approximately 259 acres, generally located between: South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east does comply with applicable City and state code requirements and has approved that application based on the findings and conclusions contained in the staff report, subject to any conditions which are set forth in the Decision. The Decision on this Application is a Type 5 decision pursuant to Tukwila Municipal Code § 18.104.010. Other land use applications related to this project may still be pending. III. YOUR APPEAL RIGHTS No administrative appeal of the City Council Decision is permitted. Any party wishing to challenge the City Council Decision must file an appeal in King County Superior Court pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the City Council decision is properly filed in Superior Court within such time limit, the Decision on this permit will be final. IV. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The project planner is Rebecca Fox, who may be contacted at 206-431-3683 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Communi evelopment City of Tukwila H:\COMP PLAN 2009-2010\Notice of Decision\Tukwila.South.--NOD Type 5 permit.doc Type 5 Permit Decision by City Council rf Page 2 of 2 09/30/2010 4. eitg of ganglia W Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: X Notice of Decision Determination of Non -Significance Notice of Public Meeting Project Number: L10-034 Mitigated Determination of Non - Significance Mailing requested by: Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this _ 1 day of _October in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: City of Tukwila, zoning consistent with Comp Plan in Tukwila South Annexation Project Number: L10-034 Mailing requested by: Rebecca Fox Mailer's signature: /g) 1 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC AGENCY LABELS ( ) US Corps of Engineers ( ) Federal HWY Admin ( ) Federal Transit Admin, Region 10 ( ) Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES ( ) US Environmental Protection Agency (E.P.A.) ( )US Dept of HUD ( ) National Marine Fisheries Service Section 2 WASHINGTON STATE AGENCIES ( ) Office of Archaeology ( ) Transportation Department (WSDOT NW) ( ) Dept of Natural Resources ( ) Office of the Governor ( ) WA State Community Development ( ) WA Fisheries & Wildlife ( ) Dept of Social & Health Services ( ) Dept of Ecology NW Regional Office, Shoreland Division Dept of Ecology, SEPA ( ) Office of Attorney General ( ) Office of Hearing Examiner ( ) KC Boundary Review Board ( ) Fire District # 11 ( ) Fire District # 2 ( ) KC Wastewater Treatment Div ( ) .0 Dept of Parks & Recreation KC Assessor's Office Section 3 KING COUNTY AGENCIES ( ) Health Department ( ) Port of Seattle ( ) KC Dev & Enviro Services-SEPA Info Center ( ) KC Metro Transit Div-SEPA Official, Environmental Planning ( ) KC Dept of Natural Resources ( ) KC Dept of Natural Resources, Andy Levesque ( ) Tukwila School District ( ) Tukwila Library ( ) Renton Library ( ) Kent Library ( ) Seattle Library Section 4 SCHOOLS/LIBRARIES ( ) Foster Library ( ) KC Public Library System ( ) Highline School District ( ) Seattle School District ( ) Renton School District ( ) Westfield Mall Library ( ) QWEST Communications ( ) Seattle City Light ( ) Puget Sound Energy ( ) Highline Water District ( ) Seattle Planning &Dev/Water Dept ( ) Comcast Section 5 UTILITIES ( ) BP Olympic Pipeline ( ) Val-Vue Sewer District ( ) Water District # 20 ( ) Water District # 125 ( ) City of Renton Public Works ( ) Bryn Mawr-Lakeridge Sewer/Water Dist ( ) Seattle Public Utilities ( ) Allied Waste Services SiTukwila City Departments ( ) Public Works ( ) Fire ( ) Police ( ) Finance Planning ( ) Building ( ) Parks & Rec ( ) Mayor ( ) City Clerk Section 6 CITY AGENCIES ( ) Kent Planning Dept ( ) Renton Planning Dept ( ) City of SeaTac ( ) City of Burien ( ) City of Seattle ( ) Strategic Planning *Notice of all Seattle Related Projects ( ) Puget Sound Regional Council ( ) SW KC Chamber of Commerce ( ) Muckleshoot Indian Tribe * ( ) Cultural Resources ( ) Fisheries Program ( ) Wildlife Program ( ) Duwamish Indian Tribe * Section 7 OTHER LOCAL AGENCIES ( ) Puget Sound Clean Air Agency ( ) Sound Transit/SEPA ( ) Duwamish River Clean Up Coalition * ( ) Washington Environmental Council ( ) People for Puget Sound * ( ) Futurewise * send notice of all applications on Green/Duwamish River ( ) Seattle Times ( ) South County Journal Section 8 MEDIA ( ) Highline Times ( ) City of Tukwila Website P:Admin\Admin Forms\Agency Checklist Public Notice Mailings For Permits SEPA MAILINGS Mail to: (comment period starts on date of mailing) Dept. of Ecology Environmental Review Section *Applicant *Other agencies as necessary (checked off on attached list) *Any parties of record * send only the staff report, site plan and the SEPA Determination KC Transit Division — SEPA Official would like to receive information about all projects that might affect transit demand Tribes — For any application on the Green/Duwamish River, send the checklist and a full set of plans with the Notice Of Application Send These Documents to DOE: SEPA Determination (3 -part from Sierra) Findings (staff report, usu. with MDNS) SEPA Checklist (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) Affidavit of Distribution (notice was mailed or sent to newspaper) SHORELINE MAILINGS: Notice of Application for a Substantial Development Permit must be mailed to owners and to property owners within 500 feet of subject property, comments are due 30 days after the notice of application is mailed/posted. The Notice of Application for Shoreline Substantial Development Permit must include a statement that any person desiring to submit written comments on the application or desiring to receive notification of the final decision on the application may do so within 30 days of the Notice of Application. If a hearing will be held on the application, the hearing notice must include the information that written comments may be submitted, or oral presentation made at the hearing. Notice is sent to Ecology's NW Regional Office Shorelands & Environmental Assistance Program. Shoreline Permit Notice of Decision: Mail to: (within 8 days of decision; 21 -day appeal period begins date received by DOE) Department of Ecology Shorelands Section, NW Regional Office State Attorney General *Applicant *Indian Tribes *Other agencies as necessary (checked off on attached list). *Any parties of record * send only the staff report, site plan and the SEPA Determination Send These Documents to DOE and Attorney General: Permit Data Sheet Shoreline Substantial Development Permit (3 -part from Sierra) Findings (staff report or memo) Shoreline Permit Application Form (filled out by applicant) Drawings/Plans of project (site plan, elevations, etc. from PMT's) - Site plan, with mean high water mark & improvements — Cross-sections of site with structures & shoreline - Grading Plan — Vicinity map SEPA determination (3 -part from Sierra) Findings (staff report or memo) SEPA Checklist (filled out by applicant) Any background studies related to impacts on shoreline Notice of Application Affidavit of Distribution (notice was mailed) P:Admin\Admin Forms\Agency Checklist • Washington Ordinance No. aatov eek€t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ANNEXING APPROXIMATELY 259 ACRES OF REAL PROPERTY KNOWN AS THE "TUKWILA SOUTH PROJECT PROPERTY"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35A.14.120 provides that "proceedings for initiating annexation of unincorporated territory to a charter code city or non -charter code city may be commenced by the filing of a petition of property owners of the territory proposed to be annexed," but that "prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body of the code city in writing of their intention to commence annexation proceedings;" and WHEREAS, La Pianta, LLC is the owner of approximately 259 acres of real property known as the "Tukwila South Project Property;" and WHEREAS, on November 12, 2004, La Pianta, LLC submitted a Request for Annexation ("Request"), which was signed by owners of not less than ten percent of the value of the property included in the Request; and WHEREAS, on January 18, 2005, the City Council met with the initiating parties as part of its regular City Council meeting pursuant to RCW 35A.14.120; and WHEREAS, on January 18, 2005, the City Council unanimously voted to accept the Request and to authorize the initiating parties to circulate the Petition for Annexation seeking the signatures of the owners of sixty percent of the assessed valuation of property within the proposed annexation ("Petition"), on the following conditions: 1) that zoning regulations are simultaneously adopted, and 2) Petition signers consent to the assumption of the proposed annexation area's proportionate share of existing city indebtedness, if any; and WHEREAS, on June 8, 2009, during its Committee of the Whole meeting, the Tukwila City Council held a public hearing following publication of proper notice thereof as provided in RCW 35A.14.130; and WHEREAS, on June 8, 2009, during a Special meeting, the City Council approved the related Tukwila South Development Agreement and other related land use issues and La Pianta, LLC submitted its signed Petition; and WHEREAS, the Tukwila City Council desires to annex the area described and shown in the Petition and on June 15, 2009 adopted Ordinance No. 2241 annexing the area subject to Washington State Boundary Review Board of King County approval; and WHEREAS, the Washington State Boundary Review Board of King County held a public hearing on October 20, 2009 and approved the Resolution and Hearing Decision for File No. 2304, City of Tukwila, Tukwila South Annexation, at its regular meeting of November 12, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Annexation. The City of Tukwila hereby annexes the Tukwila South Property, which is legally described in Exhibit A and depicted on the map in Exhibit B, attached hereto and incorporated herein by reference. Section 2. Conditions Upon Annexation. A. Comprehensive Plan, Shoreline Master Plan and Zoning Designations. The Tukwila South Property shall be subject to the Comprehensive Plan, Master Plan and Shoreline Master Plan map amendment to designate the property as Urban Environment and Tukwila South Overlay District subject to zoning regulations as set forth in the Tukwila South Project Development Agreement adopted on June 8, 2009. W:\ Word Processing\Ordinances\Tukwila South Project Property Annexation.doc LV:ksn 12/09/2009 Page 1 of 2 B. Assumption of Existing Indebtedness. The Tukwila South Property shall be assessed and taxed at the same rate and on the same basis as the property in the City of Tukwila is assessed and taxed to pay for the portion of outstanding city indebtedness, if any, which indebtedness has been approved by the voters, contracted for or incurred prior to or existing at the effective date of the annexation in Section 1 of this ordinance. Section 3. Effective Date of Annexation. The effective date of the Tukwila South Annexation shall be December 31, 2009. Section 4. Effective Date. This Ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. Section 5. Certification of Ordinance to King County. Upon passage the City Clerk is directed to file a certified copy of this ordinance with the King County Council, pursuant to RCW 35A.14.140. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason or should any portion of this ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this 41 day of lam¢-Gc-h1l.h.2✓ , 2009. ATTEST/ AJJTHENTICATED: Christy O'Flaherty, C69 MC, City Clerk APPROVED . 0 FORM BY: or Filed with the City Clerk: 4-9-09 Passed by the City Council: / -/ y /7 9 Published: / - /j) -- Effective j) -Effective Date: Ordinance Number: Attachments: Exhibit A - Tukwila South Property legal description Exhibit B - Area Map W:\ Word Processing \ Ordinances \ Tukwila South Project Property Annexation.doc LV.ksn 12/09/2009 -O% Page 2 of 2 • • Exhibit A Legal Description of Tukwila South Annexation 'Those portions of Section 35, Township 23 North, Range 4 E. Willamette Meridian; Section 2, Township 22 North, Range 4 E. Willamette Meridian; and Section 3, Township 22 North, Range 4 E. Willamette Meridian, Tying south of the City of Tukwila corporate limits as established by the City of Tukwila Ordinances 1125, 472, 269, and 696; East of the east right-of-way margin of Interstate'Highway 5; East of the west right-of-way margin of Orillia Road South; North of the north right-of-way margin of South 204th Street and west of the City of Kent Ordinances 2114 and 2351; Together with: That portion of South 204th Street lying north of and immediately adjacent to the north line of the City of Kent corporate limits as established by City of Kent Ordinance 1727, and westerly of the thread of the Green River." • • VICINITY MAP EXHIBIT B AC ;ice _ � �� ' 4 ' ' • 'V ,11 ii DENOTES ANNEXATIOND DENOTES PAA BOUNDARY • • SUMMARY OF Ordinance No. 2268 City of Tukwila, Washington On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2268, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FINALIZING THE TUKWILA SOUTH ANNEXATION; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Special Meeting thereof on December 14, 2009. Christy O'Flaherty, CM , City Clerk Published Seattle Times: December 17, 2009. -, _._ s..,. Monday, y ftkwiIa mitzi� -II Agenda p ). i 'z • REGULAR MEETING+ I9os errJi. °l�aggerton, Mayor Councilmembers: • Joe Duffie •e• Joan Hernandez Steve Lancaster, City Administrator • Allan Ekberg ❖ Verna Seal Dennis Robertson, Council President •r Kathy Hougardy ❖ De'Sean Quinn September 20, 2010; 7:00 PM ® Ord #2307 S Res #1724 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE / ROLL CALL 2. • SPECIAL PRESENTATIONS a :'Award of Recognition for Tukwila Walk and Roll Plan - Richard Hart, .;,. City of Covington, on behalf of the Planning Association of Washington b. Employee Recognition Awards - Steve Lancaster, City Administrator c. Introduction of Brent Frank, Entry Level Police Officer - David Haynes, Police Chief d. Presentation of Proposed Budget Format - Shawn Hunstock, Finance Director 3. PROCLAMATION A proclamation declaring September 25, 2010 as "Mayor's Day of Pg.1 Concern for the Hungry." 4. CITIZEN COMMENT At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 5. CONSENT AGENDA a. Approval of Minutes: 9/7/10 (Regular Mtg.) b. Approval of Vouchers. 6. UNFINISHED BUSINESS a. A resolution relating to the preservation, protection and use of the former Pg.3 Tukwila Grade School/Tukwila City Hall building for heritage and culture to provide community service, strengthen City tourism and foster civic pride. b. Authorize the Mayor to sign the real estate purchase and sale agreement Pg.15 with the King County Flood Control Zone District and Lily Pointe Investments, LLC for the interest portion of easement acquisition, in an amount not to exceed $75,000.00. c :;An ordinance renewing a moratorium on the filing of applications for Pg.17 development permits for food or drink establishments conducting social card game gambling activities. d, Comprehensive Plan- amendments: Pg.21 (1) An ordinance amending the Comprehensive Land Use Map for property P9.23 located at 3914 South 115th Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center/Light (MIC/L) to Office (0). (2) An ordinance rezoning certain real property located at 3914 South Pg.33 115th Street from Low Density Residential (LDR) to Office (0) and adjacent tax parcel #1023049072 from Manufacturing Industrial Center/Light (MIC/L) to Office (0). (continued...) 0 • 20, 2010 .� ,,, • REGULAR MEETING Monday, September Page 2 6. UNFINISHED BUSINESS (continued) Comprehensive Plan amendments (continued) (3) An ordinance amending the Comprehensive Land Use Map for certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density. Residential (MDR). (4) An ordinance rezoning certain real property located at 4300 South 133rd Street from Commercial Light Industrial (CLI) to Medium Density Residential (MDR). (5) An ordinance establishing zoning that is consistent with existing Comprehensive Plan designations for 259 acres of real property referred to as the Tukwila South annexation area. e. A resolution authorizing the cancellation of outstanding General Fund claims and payroll checks, Municipal Court checks, and Foster Golf gift cards. f. Discussion of Community Events. Pg.43 Pg.51 Pg.59 Pg.81 Pg.89 7. NEW BUSINESS 8. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 9. MISCELLANEOUS 10. EXECUTIVE SESSION 11. ADJOURNMENT Tukwila City Hall is wheelchair accessible. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800/TDD 206-248-2933). This notice is available at www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. PbvNcrL A GENPA SvwoPsis Initials Meeting Date Prepared by Mayor's review Council review 09/13/10 RF h 09/20/10 RF r Ordinance h // Public Hearing ❑ Other Mtg Date C m..GORY // Discussion Mtg Date Mtg Date Mtg Date 9/20/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs EM INFORMATION ITEMNO. CAS NUMBER: 1 0-1 00 1 ORIGINAL AGENDA DATE: SEPTEMBER 13, LU.0 AGENDA ITEM TITLE Annual Comprehensive Plan/Zoning amendments for 2010 --Public Hearing 9/13/10 ❑ Motion Mtg Date ❑ Resolution Mtg Date r Ordinance ❑ Bid Award Mtg Date // Public Hearing ❑ Other Mtg Date C m..GORY // Discussion Mtg Date Mtg Date Mtg Date 9/20/10 SPONSOR ❑ Council ❑ Mayor ❑ Adm Svcs ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Police ❑ PW" /1 DCD Sl'c)NSOR'S Tukwila considers SUMMARY review process opportunities September Commission. whether amending its Comprehensive involving the City Council for public comment at 13, 2010 to receive comments Following the hearing, to approve, modify or deny Plan/Zoning map once per year, with a and Planning Commission, including each step. A public hearing is scheduled on on three recommendations from the Planning the City Council will take final action on 9/20/10 on the applications for 2010. RI?VIEWED BY ❑ COW Mtg. ❑ Utilities DATE: 08/23/10 ❑ F&S Cmte ❑ Transportation Cmte ❑ Parks Comm. ❑ Planning Comm. L CA&P Cmte Cmte ❑ Arts Comm. RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Department of Community Development Forward to Committee of the Whole for hearing • CO,ST`IMPA�CT /FUND SOURCE:: EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD. OF;000N,CIL ACTION 09/13/10 Forward to next Regular Meeting, with 2 additional ordinances MTG. DATE ATTACHMENTS:. ;. 09/13/10 Informational memorandum dated 8/16/10, with attachments/draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 09/20/10 Ordinances in final form 21 City of Tukwila Washington Ordinance No. 'D 3 ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE "TUKWILA SOUTH ANNEXATION AREA"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Comprehensive Plan and zoning designations must be the same; and WHEREAS, upon its annexation to Tukwila, the Tukwila South Annexation Area had Comprehensive Plan designations of Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS), but did not receive zoning that is consistent with the Comprehensive Plan designations; and WHEREAS, this created an inconsistency between the Comprehensive Plan designation and the zoning classification; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W \Word Processing\Ordinances\Zoning Map Amend--TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 1 of 2 • • Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Zoning Established. The property located south of South 188th Street on the north, South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east including the following: PARCEL #352304-9050, #352304-9078, #352304-9041, #352304-9117, #022204-9037, #022204-9040, #022204-9033, #352304-9016, #022204-9008, #352304-9066, #352304-9065, #022204-9043, #022204-9057, #032204-9047, #023900-0352, #032204-9100, #032204-9106, #032204-9006, #032204-9090, #022204-9011, #022204-9015, #032204-9092, #032204-9093, #032204-9056, #032204-9052, #027204-9036, #022204-9061, #032204-9062, #032204-9049, as described in the attached Exhibit 2 and shown on the map as Exhibit 3, is hereby approved to be zoned as Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS) as consistent with the existing Comprehensive Plan designation and as shown on Exhibit 4. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 i.Q'TH day of SBoo-TO,, .bJ/ , 2010. ATTEST/ AUTHENTICATED: c APPROVED 4M BY: Office oft. City = 10 ey ggerton, iled with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit 1- Findings and Conclusions, Planning Commission Staff Report (File #L10-034), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Zoning Map Exhibit 4 - Comprehensive Plan Designations Map W \ Word Processing\ Ordinances\ Zoning Map Amend-TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 2 of 2 EXHIBIT 1 Findings and Conclusions (#L10-034) July 22, 2010 Establish zoning in Tukwila South Annexation Area Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue: The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. W.\Word Processing\Ordinances\Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 1 of 3 • • The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990)requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. W:\Word Processing\Ordinances\Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 2 of 3 Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Comprehensive Plan and zoning classifications must be consistent. • Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: • The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: • The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. • Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. Community interest: • Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. W:\Word Processing\Ordinances\Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 09/14/2010 Page 3 of 3 • • EXHIBIT 2 LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304-9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57' 17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT OF -WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57' 17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82°46'30" WEST 59.85 FEET; THENCE NORTH 07°13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO.1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST Y4 OF THE SOUTHWEST Y4 AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, • • FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° OS' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 ° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° OS' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTH 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9117: THAT PORTION OF THE SOUTHEAST 14 OF THE SOUTHWEST 114 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 8J058'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01 °54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88°05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62°10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25°55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 • • FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83°1326" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70°51 '32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19°08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19°08'28" WEST 100.00 FEET; THENCE NORTH 70°51 '32" WEST 100.00 FEET; THENCE NORTH 19°08'28" EAST 100.00 FEET; THENCE SOUTH 70°51 '32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' IS" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 'FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' IS" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' IS" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; • • EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE, ALONG SAID WEST LINE, SOUTH 01 ° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01 ° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02°41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' IS" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°59'06" EAST 328.00 FEET; THENCE NORTH 16°56'40" EAST 262.12 FEET; THENCE NORTH 47°11 '37" WEST TO THE EASTERLY • • RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9008: THAT PORTION OF THE NORTHWEST - OF THE NORTHWEST - OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26°48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87°58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15°00'00' EAST TO BEGI1\TNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO.1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • • PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87°58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°58'28" EAST 80 FEET; THENCE NORTH 15°00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87°58'28" WEST 80 FEET; THENCE SOUTH 15°00'00' EAST TO THE TRUE POINT OF BEGII\TNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO.1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9043: THAT PORTION OF GOVERNMENT LOT 1OIN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 41' 50" WEST 250.67 FEET; THENCE SOUTH 45° 21' 10" EAST 216.97 FEET; THENCE SOUTH 31 ° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 01' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01 ° 58' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° OS' 53", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST Y4 OF THE NORTHWEST Y4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGII\THING AT • • THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01 ° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST Y4 OF THE NORTHWEST Y4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST Y4 OF THE NORTHWEST Y4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01 ° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11 ° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01 ° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01 ° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO.1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9047: THAT PORTION OF THE NORTHEAST Y4 OF THE NORTHEAST Y4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01 ° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11 ° 41' 30" WEST 352.30 FEET; • • THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9106: A PORTION OF THE WEST 12 OF THE NORTHWEST Y4 OF SECTION 2 AND THE EAST 12 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01 ° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11 ° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST Y4 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064,2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51 ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND • • EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9006: THE SOUTHEAST 1/4 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01 ° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11 ° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11 ° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHTOF-WAYS AND STORM WATER RIGHT-OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF-WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, • • AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11 ° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 114 OF THE NORTHWEST Y4 OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EASTWEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 01' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 01' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON - TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHTOF- WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT-OFWAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9015: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT • • THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00°30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00°25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89°40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00°30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092: THAT PORTION OF THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° II' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01 ° II' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° II' 00" EAST 300 FEET; THENCE SOUTH 89° II' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01 ° II' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST Y4; THENCE NORTH 89° II' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9093: • • THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°11 '06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01 '11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9056: THE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST Y4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST Y4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51 ST PLACE SOUTH "ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: • • BEGINNING AT A POINT SOUTH 89° II' 16" WEST 1,565.30 FEET AND SOUTH 01° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01 ° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° II' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° II' 06" WEST 1,340.72 FEET AND SOUTH 01 ° II' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01 ° II' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° II' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1,1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01 ° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89°16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02°40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°40'47" EAST 68.04 FEET; THENCE NORTH 20°24'53" EAST 88.72 FEET; THENCE NORTH 49°01'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40°52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49°01'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84°31 '00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89°16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • • PARCEL 032204-9049 THOSE CERTAIN 30 AND 40 FOOT STRIPeS) LYING WITHIN THE SOUTHEAST Y4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7,1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO.2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°57'43" WEST, 234.57 FEET; THENCE SOUTH 27°3T40" WEST, 264.86 FEET; THENCE SOUTH 48°11 '25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0°13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; • • PARCELB: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas la Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District zoning EXHIBIT 3 Establish Tukwila South Annexation Area Zoning ir 1C tV r•_ 3 wigs HIPLANNING1Comp Plan 6 Zone Amend12010 com_zone amendlEstab Tuk south overlay dist letter lme.mxd Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas NE • Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT 4 Establish Tukwila South Annexation Area Zoning Air r= ? MILES 11:IPLANNING1Comp Plan & Zone Amend12010 com_none amendlE&ab Tuk south overlay dist leper fine.mxd • • SUMMARY OF Ordinance No. 2312 City of Tukwila, Washington On September 20, 2010 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2312, the main points of which are summarized by its title as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE "TUKWILA SOUTH ANNEXATION AREA"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on September 20, 2010. Christy O'Fla erty, CMC, City Clerk Published Seattle Times: September 23, 2010 City Council Agenda k.f v4,LA_ • ti. _ 2 Tukwila ®®COMMI cOF + '-" j gp8 Jim Haggerton, Mayor Councilmembers: ❖ Joe Duffle ❖ Joan Hernandez Steve Lancaster, City Administrator ❖ Allan Ekberg ❖ Verna Seal Dennis Robertson, Council President •:• Kathy Hougardy ❖ De'Sean Quinn ❖ EXECUTIVE SESSION — 6:00 PM ❖ Personnel Matter — Pursuant to RCW 42.30.110(1)(g) (60 minutes) • Monday, September 13, 2010, 7:00 PM Tukwila City Hall Council Chambers 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. CITIZEN COMMENT - At this time, you are invited to comment on items not included on this agenda (please limit your comments to five minutes per citizen). To comment on an item listed on this agenda, please save your comments until the issue is presented for discussion. 3. PUBLIC HEARINGS a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities. b. 2010 Comprehensive Plan amendments. Pg•9 4. SPECIAL ISSUES a. An ordinance renewing a moratorium on the filing of applications for Pg.1 development permits for food or drink establishments conducting social card game gambling activities: b. 2010 Comprehensive Plan amendments. Pg.9 c. A resolution relating to the preservation, protection and use of the former Pg.151 Tukwila grade school/Tukwila City Hall building for heritage and culture. d. Tukwila 205 Levee Repair, Lily Pointe, easement interest payment. Pg.161 e. A resolution ordering the cancellation of unclaimed property. Pg.191 f. Budget: Parks & Recreation program reductions. Pg.203 5. REPORTS a. Mayor b. City Council c. Staff d. City Attorney e. Intergovernmental 6. MISCELLANEOUS 7. EXECUTIVE SESSION 8. ADJOURNMENT Tukwila City Hall is wheelchair accessible.. Reasonable accommodations are available at public hearings with advance notice to the City Clerk's Office (206-433-1800/TDD 206-248-2933). This notice is available at • www.ci.tukwila.wa.us, and in alternate formats with advance notice for those with disabilities. Tukwila Council meetings are audio taped. • • ACHMENT 3 TUKWILA SOUTH ANNEXATION ZONING MAP HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 L10-034(Rezone) City of Tukwila Establish underlying zoning in the Tukwila South Annexation area that is consistent with the Comprehensive Plan designation Tukwila South Annexation Area ( Approximately 259 acres generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) Low Density Residential (LDR), Mixed Use Office (MUO), Tukwila Valley South (TVS) ZONE DESIGNATION: None SEPA DETERMINATION: Determination of Non -significance (DNS), July 21, 2010 STAFF: ATTACHMENTS: Rebecca Fox A. Application #L10 -034 --Zoning Map Change B. Minutes—City Council Regular Meeting(July 6, 2010) C. Zoning map 1 2 2 Rf 1 08/18/2010 H:\COMP PLAN 2009-2010\Planning.Commission\Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc • • FINDINGS Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Rf 2 ai__vrCtaffRntTulcwila.South.dOc 08/18/2010 123 • • Issue: The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990) requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the 1 2 4 Rf 3 08/18/2010 H:\COMP PLAN 2009-2010\Planning.Commission\Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc • • Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Comprehensive Plan and zoning classifications must be consistent. • Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: m The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: • The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Rf 4 08/18/2010 H:\COMP PLAN 2009-2010\Planning.Commission`Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc 125 • • ® Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. 4) Community interest: e Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. ZONING—RECOMMENDATION: Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. 12 6 Rf 5 08/18/2010 H:\COMP PLAN 2009-2010\Planning.Commission\Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc • • Attachment 3B DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE "TUKWILA SOUTH ANNEXATION AREA"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Tinzes, posted on site, and mailed to surrounding properties; and WHEREAS, the Comprehensive Plan and zoning designations must be the same; and WHEREAS, upon its annexation to Tukwila, the Tukwila South Annexation Area had Comprehensive Plan designations of Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS), but did not receive zoning that is consistent with the Comprehensive Plan designations; and WHEREAS, this created an inconsistency between the Comprehensive Plan designation and the zoning classification; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W:\ Word Processing \Ordinances\Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 08/16/2010 Page 1 of 2 127 128 • • Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Zoning Established. The property located south of South 188th Street on the north, South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east including the following: PARCEL #352304-9050, #352304-9078, #352304-9041, #352304-9117, #022204-9037, #022204-9040, #022204-9033, #352304-9016, #022204-9008, #352304-9066, #352304-9065, #022204-9043, #022204-9057, #032204-9047, #023900-0352, #032204-9100, #032204-9106, #032204-9006, #032204-9090, #022204-9011, #022204-9015, #032204-9092, #032204-9093, #032204-9056, #032204-9052, #022204-9036, #022204-9061, #032204-9062, #032204-9049, as described in the attached Exhibit 2 and shown on the map as Exhibit 3, is hereby approved to be zoned as Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS) as consistent with the existing Comprehensive Plan designation and as shown on Exhibit 4. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 day of , 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachments: Exhibit 1 - Findings and Conclusions, Planning Commission Staff Report (File #L10-034), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Zoning Map Exhibit 4 - Comprehensive Plan Designations Map W:\ Word Processing \ Ordinances \ Zoning Map Amend-TUKWILA SOUTFLdoc RF:mrh 08/16/2010 Page 2 of 2 1 EXHIBIT 1 Findings and Conclusions (#L10-034) July 22, 2010 Establish zoning in Tukwila South Annexation Area Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue: The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. W:\Word Processing\ Ordinances\ Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 1 of 3 129 • • The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990)requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map. establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. W:\Word Processing\Ordinances\Zoning Map Amend—TUKWILA SOUTH.doc RF:mrh 08/13/2010 130 Page 2 of 3 • • Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map changemakes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: o Comprehensive Plan and zoning classifications must be consistent. o Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: o The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: o The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. • Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. Community interest: ® Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. W:\Word Processing \ Ordinances \ Zoning Map Amend--TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 3 of 3 131 • • LEGAL DESCRIPTION OF THE ANNEXED PROPERTY Exhibit 2 PARCEL 352304-9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44'13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT- OF-WAY MARGIN OF PRIMARY STATE IIIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89.FEET.TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82°46'30" WEST 59.85 FEET; THENCE NORTH 07°13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST' Y4 OF THE SOUTHWEST'' 'A AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, 132 • • FROM WHICH POINT THE SOUTHWEST CORNER OF SAID SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID ,SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIVE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTIT 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUA Th IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9117: THAT PORTION OF THE SOUTHEAST'/ OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87°58'28" EAST 1,312.95 FEET, ALONG THE SOUTH LINE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01°54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88°05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62°10'00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25°55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 133 • • FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83°13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70°51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19°08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19°08'28" WEST 100.00 FEET; THENCE NORTH 70°51'32" WEST 100.00 FEET; THENCE NORTH 19°08'28" EAST 100.00 FEET; THENCE SOUTH 70°51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; TIIENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 `FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTH 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT TIIAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; 134 EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WIIICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE.SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTIHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH TIIE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02°41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; TIIENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°59'06" EAST 328.00 FEET; THENCE NORTH 16°56'40" EAST 262.12 FEET; THENCE NORTH 47°11'37" WEST TO THE EASTERLY 135 • • RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHW 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH THE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9008: THAT PORTION OF THE NORTHWEST 'A OF THE NORTHWEST '/ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF THE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26°48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87°58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15°00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TI-I STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 136 PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87°58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°58'28" EAST 80 FEET; THENCE NORTH 15°00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87°58'28" WEST 80 FEET; THENCE SOUTH 15°00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE IN THE COUNTY OF KING, H 188TH STREET INTERCHANGE); SITUATESTATE OF WASHINGTON. PARCEL 022204-9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTI1 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICH THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH E TO THE ' EAST 584.35 LEFT, HAVING FEET TO A POINT OF CURVE; THENCE ALONG A CU A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53", AN ARC DISTANCE FO 96.25 FEGITNNIiNG; SITUNCE E RTH TE IN THE 'COUNTY OF KING15" WEST 338.36 EET TO THE TRUE POINT OF B STATE OF WASHINGTON. PARCEL 022204-9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST IA OF THE NORTHWEST 'A OF SECTION LY DESCRIBED ASOOLLORTH, �S: BEGINNING ATNGE 4 EAST, BEING MORE PARTICULAR 137 THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; TIIENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 'A OF THE NORTHWEST'/; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 'A OF THE NORTHWEST 'A; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9047: THAT PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF TME M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; 138 THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9106: A PORTION OF THE WEST V2 OF THE NORTHWEST 1/4 OF SECTION 2 AND THE EAST'' Y2 OF THE NORTHEAST %4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 11° 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 139 • • EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KEI _ 1 R RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9006: THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAYS AND STORM WATER RIGHT-OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF-WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASIIINGTON. PARCEL 022204-9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, 140 • • AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THE WEST NCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST % OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. • PARCEL 022204-901.5: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NOING COUNTY731274; ISUPE SUPERIOR COURTCEXCEPT THOSE OAUSOENNO. 47302S THEREOF CONDEMNED UNDER FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT 141 • • THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00°30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00°25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89°40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00°30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092: THAT PORTION OF THE SOUTHEAST'/ OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST''/ OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 'A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9093: 142 • • THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO A POINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTII; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOUTH OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01°11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9056: TI -IE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIIE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF TIIE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH "O COILL�A� ROAD KIONUTH" ANG, STATE OF WASHINGTON.THE TERMINUS F SAID LINE; SITUATE IN THE PARCEL 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: 143 • BEGINNING AT -A POINT -SOUTH 89° 111 16" WEST 1,565.30 FEET AND SOUTH 01° 11'00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH O1° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89°16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02°40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°40'47" EAST 68.04 FEET; THENCE NORTH 20°24'53" EAST 88.72 FEET; THENCE NORTH 49°07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40°52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49°07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO TIIE SOUTHWEST 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84°31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89°16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 144 • • PARCEL 032204-9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTFIEAST '/ OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR THE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°57'43" WEST, 234.57 FEET; THENCE SOUTH 27°37'40" WEST, 264.86 FEET; THENCE SOUTH 48°11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WIHICH BEARS SOUTH 0°13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUAR fER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; 145 PARCEL B: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK. ROAD NO. 665); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 146 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®® Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District zoning EXHIBIT 3 Establish Tukwila South Annexation Area Zoning H:IPLANNING1Comp Plan & Zone Amend12010 com zone amendlEstab Tuk south overlay dist letter fine.mxd Legend CO41. LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®® Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT4 • Establish Tukwila South Annexation Area Zoning RIPLANNING1Comn Plan A Zane AmendVOtn mm rnnn mmandlretah TO, en,dh mmrbv diet kNar F ft mrd • City of Tukwila Community Affairs and Parks Committee COMMUNITY AFFAIRS AND PARKS COMMITTEE Meeting Minutes August 23, 2010 — 5:00 p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: Joe Duffie, Chair; Joan Hernandez and Verna Seal Bob Giberson, Jack Pace, Rebecca Fox, Pat Brodin, Steve Lancaster and Kimberly Matej Louis Jones—Brown (Tukwila Historical Society), Frank Fermani (Wooden III, LLC) and Chuck Parrish (resident) CALL TO ORDER: Committee Chair Duffie called the meeting to order at 4:58 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Renewal of Gambling Moratorium Staff is requesting Council approval to renew a moratorium on establishments conducting social card game gambling activities. The City Council originally passed a six month moratorium on March 22, 2010, which is set to expire on September 22, 2010. Due to draft legislation currently being worked on at the state level, staff is seeking renewal of the moratorium for an additional six months. A public hearing will be set for September 13, 2010. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION AND PUBLIC HEARING. B. Comprehensive Plan Amendments Staff is seeking full Council approval to amend the City's Comprehensive Plan as well as relative Zoning Code amendments. On July 6, the City Council approved the forwarding of three Comprehensive Plan amendments (two public, one City) to the Planning Commission for review, consideration and recommendation. Three applications have been submitted for the City's consideration as described below followed by the Planning Commission's recommendation: ® An application to redesignate and rezone two lots/properties located in the vicinity of 3914 South 115th Street from Manufacturing/Industrial Center — Light (MIC/L) and Low Density Residential (LDR) to Office (0). The properties total 0.36 acres. Planning Commission Recommendation: Deny application for Comprehensive Plan amendment; and deny application for re -zone. Committee Member Seal expressed an interest in reconsideration of staff's original recommendation to approve this application. She discussed the current downturned economy and the potential for this change as a positive addition to the community. She is in support of staff reasons for approval as discussed in the relevant staff report (see Attachment 1, beginning on page 27 of the Committee agenda packet). Committee Chair Duffie concurred that he would support a discussion of reconsideration. Committee Member Hernandez stated that she is not ready to make a recommendation for this item as she prefers to hear public hearing comments first. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION & PUBLIC HEARING. 149 • • Community Affairs & Parks Committee Minutes August 23, 2010— Page 2 e An application to redesignate and rezone one property located at 4300 South 133rd Street from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR). The lot is approximately 1.75 acres, and the applicant seeks to construct housing. Planning Commission Recommendation: Approve Comprehensive Plan amendment and re -zone under the conditions that all remediation and enhancement for sensitive areas are met no later than December 31, 2010. If conditions are not met, the re -zone will revert back to the previous zoning without further legislative action. Applicant is aware of and agrees to conditions. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION & PUBLIC HEARING. 150 • Application from the City to establish underlying zoning for the Tukwila South Annexation area (owner is aware of need for underlying zone, and has no objection). Establishes Mixed Use Office (MUO), Low Density Residential (LDR) and Tukwila South zoning, correcting the current inconsistency between the Comprehensive Plan Land Use Map and the Zoning Map. Planning Commission Recommendation: Approve re -zone. Establish underlying zoning to reflect consistency in Comprehensive Plan Land Use Map and the Zoning Map FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION & PUBLIC HEARING. Committee Member Hernandez mentioned that she is not comfortable with providing a recommendation for any item above until she hears public hearing comments. C. Recommendation for Use of City Property Staff is seeking Council approval of a draft resolution which supports use of the building located at 14475 59th Avenue South (most recently utilized as the Tukwila Library) by the Tukwila Historical Society for the storage and display of collections and other appropriate artifacts as related to Tukwila's history. Mr. Lancaster confirmed that an evaluation was conducted for the usefulness of the above building related to City departments. No specific City use has been identified, and staff has recommended making the building available for community use as appropriate (see Finance & Safety Committee minutes dated August 17, 2010, and Committee of the Whole agenda packet for the August 23, 2010, meeting). As mentioned above, the draft resolution indicates the Historical Society will be granted use of the building, will be allowed to secure funding to meet building and fire code requirements, and authorizes the Mayor to enter into a no -cost lease agreement, with the intention that the lease would be extended based on successful establishment of the proposed heritage and cultural center. Currently, the draft resolution states the lease will be three -years in duration; however, based on a brief discussion at the Committee, Administration is willing to reconsider the length of the lease based on Council preference. Committee Member Seal inquired about the draft resolution reference to the City continuing to provide utilities and general maintenance to/for the building. Staff will provide information regarding the historical costs of the utilities and general maintenance when this item comes forward to COW. Committee Chair Duffle asked about the time constraints, if any, related to Council action on this resolution and the 4Culture grant application being submitted by the Tukwila Historical Society. Louis Jones -Brown responded that the grant is due to 4Culture on October 13, 2010, and the current Council process should allow ample time to submit background paper work as required by the grant application. The Committee was supportive of the resolution and development of the Tukwila Heritage and Culture Center. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 13 COW FOR DISCUSSION. D. 2010 Parks & Recreation Programs: Parks Update This item was removed from the agenda. GOUIVCIL AG/ -;:Nit SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 09/13/10 RF ( Q / 09/20/10 RF CAS NUMBER: 1 0— 1 00 AG 1:NDA ITEM TITLE ORNIATI ITEM No. 3= B 8° ORIGINAL AGENDA DATE: SEPTEMBER 13, 2010 Annual Comprehensive Plan/Zoning amendments for 2010 --Public Hearing CA,1.1'.GORY // Discussion ❑ Motion Mtg Date ❑ Resolution Mtg Date /1 Ordinance ❑ Bid Award Mtg Date /1 Public Hearing ❑ Other Mtg Date Mtg Date 9/13/10 Mtg Date 9/20/10 Mtg Date Si)( )MDR SPONSOR'S SUMMARY ❑ Council ❑ Mayor ❑ Adm Svcs Z DCD ❑ Finance ❑ Fire ❑ Legal ❑ P&R ❑ Poltce ❑ PW Tukwila considers amending its Comprehensive Plan/Zoning map once per year, with a review process involving the City Council and Planning Commission, including opportunities for public comment at each step. A public hearing is scheduled on September 13, 2010 to receive comments on three recommendations from the Planning Commission. Following the hearing, the City Council will take final action on 9/20/10 on whether to approve, modify or deny the applications for 2010. RI'.\'11iWED BY ❑ COW Mtg. ❑ Utilities Cmte DATE: 08/23/10 CA&P Cmte ❑ Arts Comm. ❑ F&S Cmte ❑ Parks Comm. ❑ Transportation Cmte ❑ Planning Comm. RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE Forward to Committee of the Whole for hearing EXPENDITURE REQUIRED $0.00 AMOUNT BUDGETED $0.00 APPROPRIATION REQUIRED $0.00 Fund Source: Comments: MTG. DATE TION 09/13/10 IVMTG. DATE ATTACHMENTS 09/13/10 Informational memorandum dated 8/16/10, with attachments/draft ordinances Minutes from the Community Affairs and Parks Committee meeting of 8/23/10 9 TO: FROM: Jack Pace DATE: August 16, 2010 • • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM Mayor Haggerton Community Affairs and Parks Committee SUBJECT: 2010 Comprehensive Plan Amendments and Rezones ISSUE The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City "Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: • Adopt a proposed amendment by ordinance; • Adopt a modified version of a proposed amendment by ordinance; or e Reject the amendment. Consideration of a site-specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 08/18/2010 1 1 • • Organization of Informational Materials Exhibits 1-6 provide basic infoiniation to accompany the informational memo. Attachments 1-3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC-- Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09-064—Comprehensive Plan Amendment • File #L09 -065 --Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center—Light (MIC/L) to Office (0) at 3912 S. 115t; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115th. The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC/L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116`h on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1&2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC/L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115`h, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation-- Comprehensive Plan (File # L09-064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation --Rezone (File# L09-065) • The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) 12 rf non onn, n 2. Macadam LLC—Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) m File #L09-067—Comprehensive Plan o File #L10-002—Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133`d Street, Tukwila, WA (Parcel # 261320-0131). The majority of the vacant property contains environmentally -sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single- family residence. The subject property is vacant except for a garage that serves the single-family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial/light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally -sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium -density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four-plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment forthe enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as,a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi -family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation-- Comprehensive Plan (File # L09-067) ® The Planning Commission voted to approve the request to redesignate a parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09-014) shall be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. rf 3 08/18/2010 13 • • 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential -designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation --Rezone (File# L10-002) • The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: All code violation issues, including the conditions outlined in the Special Permission Director (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation —Establish Zoning for Recently -Annexed Area ® File #L10-035—Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) 14 rf 4 08/18/2010 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: --Rezone (File #L10-034) ® Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map—Wooden LLC 3.Aerial Map—Wooden LLC 4.Zoning Map—Macadam LLC 5.Aerial Map—Macadam LLC 6.Zoning Map—Tukwila South Annexation Area Attachments: 1.#L09-064and #L09-065—Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) 15 2. #L09-067 and #L10-002—Macadam LLC—Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance—Comprehensive Plan c. Draft Ordinance—Zoning 3. #L10-035—Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance --Zoning 16 • • Exhibit 1 PLANNING COMMISSION (PC) PU : LIC HEARING MINUTES`- JULY 22, 2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Present: Chair, Bill Arthur; Vice -Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander�w Representing City Staff: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens Chair Arthur noted that there was no one in the audience to testify,: that siafi. .. uas not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO A TOPT THE PUBLICHE'A ZI. G MINUTES FROM JUNE 24, 2010. COMMISSIONER BRATCHER SECONDED T o B OTION. THE MOTION WAS UNANIMOUSLY APPRO\5 Staff noted that the public hearing notice that was mailed out` sr'd; a,past meeting start time of X7:00 PM instead of 6:30 PM Staff also noted that the applicants were exppt",Wat 7:00 .PM, and requested that Case Number L10-034 be heard first on the agenda. Chair Arthur recused himself from hearing naber L10-034, at 674(, ? VM because he is employed by the developer of the Tukwila South annexation area o: o'e,ct. Chair Pro -Tem Bratcher opened the public hearg fo FILE NUMBER: APPLICANT: REQUEST: LOCATION: .I:LatI0`(33?1. ti. • City of Tuila ,Establishipng consistent will„ Comprehensive Plan designation 'I rLkwila South annexation area Xppp ximaariglacxes, genekal'ly located between: South 188th nor IP=Sfuth204`th�S� ti tithe south; Orillia Road and Interstate -and theE'rreen River on the east. s in the Street on the 5. on the west; Nw 2 ecca Fox, Senior Pial, .ter, Depar`tmerrt..oi:Community Development, gave the presentation for staff. SYaf Recommendation: 'tablish "u rd r1ying" zoning that is the same as the Comprehensive Plan designa ions within the Tulcs Ta South,lVPaster Plan area that was annexed to the City of Tukwila per OrdinaW#2241. There was no=pul~ilic testimoii Staff apologized to`heommission for the confusion regarding the public hearing start time. There were no further comments. The public hearing was closed. The Planning Commission deliberated. COMMISSIONER MALINA MADE A MOTION TO FORWARD A RECOMMENDATION FOR APPROVAL ON CASE NUMBER L10-034 WITH STAFF'S FINDINGS, 17 Page 2 of 6 July 22, 2010 PC Minutes • • RECOMMENDATIONS, AND CONCLUSIONS, TO TIIE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meeti g start time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the seconcialhe hearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to arrtve. Chair Arthur re -convened the public hearing at 7:00 PM. Ii°aTzivals wishingestify were sworn in. FILE NUMBER: L09-064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan desigrra"n on Iwo%ots, including 1gfrom Manufacturing/Industrial Center-LighW-L) to Office (Tax#1023049072); and 2) Low Density,;, esidential (LDR) to-( .ce (0) (Tax#3351400005) LOCATION: 3914 S. 115t St., Tu„w 10,WA 98188 FILE NUMBER: L09-065 APPLICANT: Wooden LLC REQUEST: Amen oning Map designation two1ah",t``"including 1) from 1\4,,4171a- g/Industrial Cd Rter-Light (NIC -L) to Office (Tax#1023049072); d 2) Low" isity Residential (LDR) to Office (0) (Tax#3351400005) LOCATION: 394 S. 115tj'1., Tukwila, W&.,.188 Rebecca Fox gave the presenfat�ori or s a - S1 ,n ;ted that the Washington Growth Management Act allows amendment: 1ll_Gompie'1r;ensive Plan an•he Zoning Code once a year. This year there are three requ is for the Couuinssion tout, and then forward their recommendations on to the City CouncjiM The applican wishes to obtain Z ffice designation for two parcels in order to construct an office or similar building. Staff'l ieves that larges+ -daytime uses that are allowed in the proposed Office zone, such as office, would pro e.a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturin,nd auto=repair, that could be built now with the MIC/L zoning. Maximum building heights in the"prcpposed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'ine LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. 18 Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC/L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow-up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood;-;,; irmani said that the donated parcel will become part of the river front trail. He said that a mixe��� se bu l"dii3p_ on the site would not work economically. Mr. Firmani also commented that he has met Wit staff in;1fParks and Recreation Department in the past, and that they are supportive of the prod". Eric Cobb, Architect, for the applicant, said that the imact of the MIC/L property ori th:parlc pis a significant one. He said that carefully considered lanf"sc pY.rr, . require% ,nts and landscap uffers between the park and property could significantly ease the tia itioa,.pf the development.: Ie also said that the donated parcel is a substantive improvement to the comm city and the park. Kathy Desjardin, citizen, asked if there woulfib'e a benefit to the coi ialunity to put an office building in between a park and residential area. She raise heti ether questions ie:said she would prefer that the zoning not be changed. Ms. Desjardin said that shed the publ notice on July 7th and it had a comment deadline of June 21. • Denise Meyers, citizen, saitl:t atw banging the parcel's would be a=negative impact on the surrounding neighborhood significantly. She said l at increased talk in the area would be a safety issue for the residents. She also smil t»"?, .old be atilige impact to the ,septic system for the park and the residents in the neighborhood. Ms. Meye7:said thezdonated land to Bre City would not be beneficial. She also commented that there is no par ngi n in arias Mark Lurid, citizen, inq i on whe'jf er there has been a traffic mitigation study. He said that the proposed parcel to be donate . the CifiTitales no sense. He said that the biggest issue he is worried abonfliFtiblic safety, due to-fa–amount o£"traffic that would be leaving the area daily. Georgina Kerrzen, said tha'here should not be this type of building constructed in the neighborhood bec'afse it is out dgcontext and place. She said that it would increase run-off, increase danger to pedestrians;~and that:.l"'is too close to the residential area. Ms. Kerr supports mainigniilg the existing zoning. REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC/L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run-off on site. Several questions were addressed. 19 20 Page 4 of 6 July 22, 2010 PC Minutes • • There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonight between the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would malce arecommeiation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone toOffice use mould create fewerlpacts, and it seems more functional than the MIC/L use. He also said there wa no compelling evtarfice to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he wouldriait the way that Commissioner Peterson summarized it. He also said that sta Zdocumentation listiT-Ww.hat the current use of the MIC/L could be, and how it could or wouldn't changeft"a.x,-zoned, was vizitiful. Commissioner Alford said for the record, sheha ead he gi ` i y al oroughly and that she appreciates all of the informatomlat was presentede said ifTnew zoning is approved that she hopes the property owner WATIMMEL119 what he hasTroposed. Shy said that it is probably the best solution when looking a fie allowe lases for the MICR.. She said what is there now makes for a disturbing view from-:Yhe plc and sh 't✓ould be in supp:ort.of whatever they could do to get rid of it. She said that she has a problem w:r two,rr3oars of the c lent use if it is re -zoned for the applicant, and that it would be ahue allowance 4�'pdd"" r.rstuonaec nd of visual mitigation should occur and something be a-ffoidi d to the citiz s n the community. ty. Staff sa..f there is consensusamong ofmission, they could amend condition # 2 of the proposed to require wsnm,type of screeniri Commissioner.: rthur said thatilie does not see any compelling reason for the re -zone, but he sees a number of reason to approlWthe change. He went over the six bullet items in section #4, page 6 in the staff report, and lafe_explat ation on his opposition with each of the statements. Commissioner Arthur also said that he_,",M,,d,,iome questions regarding the appropriateness of the public notice. Commissioner Strander said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non -conforming use. • • Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION ON L09-064, COMPREHENSIVE PLAN AMENDMENT AND L09-065, RE -ZONE, TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09-067 Macadam LLC Amend Comprehensive Plan:deStefion fromt,C_ommercial/Lighi Tjdustrial (C/Ll) to Medium Density ResideniiMDRT (Tax# 261320013f) 4300 S. 1331"d St., Tukwila, WA FILE NUMBER: L10-002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map deignatiorior„,CommerciI1/Light Industrial (C/LI) to Medium Density ResideM.ial (M ;Tax# 26L3200131) LOCATION: 4300,.5=133`d St., Tukwil;F • Rebecca Fox gave the p: entation f ”' "Staff. The intent is to provide a better transition between ate., Commercial/Light Industrza:Lon the Frgi and single family .housing on the West by constructing housing. Approximately 80 % of thep erty et and or buffer.-nd 20% can be developed, which would allow four to five units Staff recommendation: tproval oaltract rezone with the following two conditions: A)•:W)1 code violationWq, includrghe conditions outlined in the Special Permission Director (F.i. e:# L09-014) is to icomplet '„l1 y the applicant and finalized by the City of Tukwila by Der 31, 2010. (In`fie staff'"report, the deadline was December 1, 2010, but staff extended it to December 31, 2010, re the applicant's request.) B) In the eventthat the abode condition is not met by the deadline above, the rezone shall be voided. Medium density Residjntial zoning shall revert to Commercial/Light Industrial without further legislative action 74 There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 21 Page 6 of 6 July 22, 20W PC Minutes • • COMMISSIONER MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVA FORTL09-067, COMPREHENSIVE PLAN AMENDMENT, AND L10-002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT • The Commission was informed that the Community Development Director continuing work on the budget. • A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on-line. • There was inquiry from Commissioner Peterson on when the TCC meetings will resume. Staff will follow up on this, and have a schedule provided to the Plannyi ommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary Mmm wMyr Maw 22 IP , • ••.`��• \ !,'' . Z� •••�•.•.:.• •.•..•••. • • ••••.�• ••�4:1'_L/ • • ►.��•••.;r.,�,�.•❖4•yo;*•*d• :4 • •.�•y°;�;�• •••;• �•;a#._ •••�4 * ••t• • • • ' 1 1 S t / r:, T��I• IMC/H L09-064 Comprehensive Plan amendment—Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) L09-065 Rezone --Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial Center (MIC/L) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay Zoning Lines /•'' /j/i ij/, EXHIBIT 2 Wooden LLC >r°=aoo° • L09-064 Comprehensive PlPIan amendment--Mariufacturirig Industrial Center/Light (MIC/L) to Office (0), and Low Density Residentia(LDR) to Office (0) L08'085 Rezone --Manufacturing Industrial Center/Light (MIC/L) to Office (0), and Low Density Residential (LDR) to Office (0) Proposed Manufacturing Industrial C(MIC/L) to Offic(0) and Low Density Residential (LDR) to Office (0) 4:67=50, Zoning Lines L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) L10-002 Rezone--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) • L R EXHIBIT Macadam LLC 1"=4o434 • • ET:417-9 L09-067 Comprehensive Plan amendment--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) L10-002 Rezone--Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) Zoning Lines 29 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas ®®® Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District /,''.///// EXHIBIT 6 SW 43 St Establish Tukwila South Annexation Area Zoning :r H:\PLANNING\Comp Plan & Zone Amend \2010 com_zone amend\Estab Tuk south overlay dist letter line.mxd City of Tukwila Community Affairs & Parks Committee o 3oe Dune, Chair O Joan Hernandez O Verna Seal, - 42, ---� Di I 1 t. J. Duffle J. Hernandez V. Seal D. Robertson Mayor Haggerton S. Lancaster E. Boykan S. Brown J. Ferrer -Santa Ines B. Giberson M. Hart S. Hunstock D. Johnson S. Kerslake K. Kertzman G. Labanara K. Matej M. Miotke C. O'Flaherty N. Olivas J. Pace D. Speck R. Still J. Trantina B. Arthur C. Parrish D. Almberg S. Kirby S. Norris AGENDA MONDAY, AUGUST 23, 2010 CONFERENCE Room #3, 5:00 PM ,y,,.t ..r �i•.� .�,.-.. a i,' -:r s�'*5:' 7'' k. P.�, 7;'�` y,�q`' ma., .F. ��'u r:,r r'; ,` i'i / � �.. APF' b". � �` .'�•..?Rs .yi : ., Qty �, .,. r i° „ _ Ya' �1�� �i7 - �., ', 6 �k°� Qliy. �- ,s. ,Page d 1. PRESENTATION(S) 2. BUSINESS AGENDA a. Renewal of gambling moratorium. a. Forward to 9/13 C.O.W. Pg.1 Jack Pace, Community Development Director and 9/20 Regular Mtg. b. Comprehensive Plan amendments. b. Forward to 9/13 C.O.W. P9.5 Jack Pace, Community Development Director and 9/20 Regular Mtg. c. Recommendation for Use of City Property c. Forward to 9/13 C.O.W. Pg.157 Steve Lancaster, City Administrator and 9/20 Regular Mtg. d. 2010 Parks & Recreation programs. d. Information only. Pg.171 Rick Still, Parks & Recreation Director 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, September 13, 2010 Committee Goals: • Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of the different cultures represented within the Tukwila community. • Support programs and services that provide a sense of stability, community and unity throughout Tukwila's residential neighborhoods. • Provide legislative support and encouragement to Tukwila residents living in rental communities through programs that hold owners and/or property managers accountable for providing safe places to live through the implementation of a rental licensing program. • Formulate an Adopt -a -Neighborhood program that will provide Councilmembers the opportunity to become more familiar with the changing faces of communities and neighborhoods throughout the City. • Ensure a commitment to continued human services funding in relation to the cost of living through consistent review of regional, state and federal budgets affecting human services progams and services (also assigned to F&S). • Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to F&S). The City of Tukwila strives to accommodate those with disabilities. Please contact the City Clerk's Office at 206-433-1800 (TDD 206-248-2933) for assistance. • City of Tukwila • TO: FROM: Jack Pace DATE: August 12, 2010 Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Communityffairs and Parks Committee SUBJECT: Moratorium on social card game gambling uses. ISSUE Renew the moratorium on "mini -casinos". BACKGROUND On March 22, 2010, the City Council passed Ordinance 2279 adopting a six-month moratorium on the establishment of social card game gambling activities. A public hearing on the issue of the moratorium was held on May 3, 2010 and after the public hearing the City Council passed Ordinance 2286 adopting the findings of fact justifying the adoption of the moratorium. The six- month moratorium is effective until September 22, 2010. Ten years ago the City Council adopted an ordinance that prohibited new social card game establishments but permitted existing licensed social card game businesses to remain as legal non- conforming land uses. Subsequent to that in 2003, Division I of the Court of Appeals issued its opinion in Edmonds Shopping Center Assoc, et al. vs. City of Edmonds, which affirmed that cities may absolutely prohibit any or all gambling activities, but called into question cities' ability to exercise zoning or other general police powers over licensed gambling activities. At this time the state gambling regulations (chapter 9.46 RCW) only permit local jurisdictions to completely prohibit card room uses, including those previously established, or allow them anywhere food and drink establishments are permitted. There was a recent amendment to the state law that allows social card game businesses established prior to annexation into a city and licensed prior to July 26, 2009, to continue to operate even though gambling may be prohibited in that jurisdiction. DISCUSSION The city is currently engaged in the state legislative process for more local control regarding the location of these uses and the current moratorium will expire before the legislative process is completed. If local control is achieved through the legislative process then additional research will be done to assess which zones should allow social card gambling activities. Staff is currently engaged in reviewing the implications of banning social card rooms, should the City's legislative efforts fail. MD Page 1 of 2 08/16/2010 H:\Gambling moratorium\CAP memo 8-23.doc 1 INFORMATIONAL MEM, Page 2 At this time there are three existing card rooms operating in Tukwila; Golden Nugget, Great American Casino and Riverside. The city has been informed that Silver Dollar is now closed. Nevada Gold & Casinos, Inc. of Houston, Texas has recently acquired Golden Nugget Casino located in Tukwila along with five other mini -casinos in Washington. The newspapers have reported that Nevada Gold decided not to pursue the acquisition of the Silver Dollar Tukwila due to consistent losses. Enacting a complete ban would make the existing establishments illegal. However if the ban is lifted, under the City's current zoning code, card room uses will be allowed in all zones that allow food and drink establishments. Currently, restaurants with cocktail lounges are permitted in all commercial and industrial zones, except for Residential Commercial Center where they are a conditional use. There are a number of jurisdictions that prohibit gambling activities. According to the information received by staff from the state gambling commission, if there is a complete ban the commission will rescind the license issued to any existing establishment that may have an existing license from the gambling commission. Renewing the moratorium is necessary as staff continues to be engaged in the legislative process and continues to study and come up with options related to zoning regulations involving food and eating establishments where social card gambling activities could be allowed. Also, it is important to prevent vesting of any new applications while legislative amendments are pursued and to maintain the status quo. RECOMMENDATION Forward the ordinance renewing the moratorium on mini -casinos to the Committee of the Whole for a public hearing on September 13, 2010. ATTACHMENTS Ordinance renewing moratorium on mini -casinos for an additional six -months. 2 H:1Gambling moratorium\CAP memo 8-23.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, RENEWING A MORATORIUM ON THE FILING OF APPLICATIONS FOR DEVELOPMENT PERMITS FOR FOOD OR DRINK ESTABLISHMENTS CONDUCTING SOCIAL CARD GAME GAMBLING ACTIVITIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. WHEREAS, on March 22, 2010, the Tukwila City Council passed Ordinance No. 2279, which declared an emergency necessitating the immediate imposition of a moratorium on the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use, as more particularly described in Ordinance No. 2279; and WHEREAS, on May 3, 2010, the City Council held a public hearing on the moratorium as required by RCW 35A.63.220, and adopted findings of fact justifying the adoption of the moratorium; and WHEREAS, cities and counties are authorized to: (1) tax certain gambling activities; (2) enact as local ordinances any of the state gambling statutes, the violation of which constitutes a misdemeanor or gross misdemeanor; or (3) prohibit any or all gambling activities for which licenses are required; and WHEREAS, there are three existing card rooms operating in Tukwila that generate significant gambling tax revenues for the City; and WHEREAS, at least one business has expressed an interest in acquiring a State license to operate an additional social card game in Tukwila and this business venture has called into question the ability of the City to prohibit future card room uses while allowing legal non -conforming social card games to remain; and WHEREAS, the City Council established a six-month moratorium to prevent the vesting of any new applications and to maintain the status quo while alternatives are studied and considered; and WHEREAS, the City is currently engaged in the state legislative process for more local control of the siting of gaming establishments and the current moratorium will expire before the legislative process is completed; and WHEREAS, if local zoning control is achieved through the legislative process, additional time will be required to research which zones should allow social card game gambling activities; and WHEREAS, the City continues to study zoning regulations involving food and eating establishments and where social card game gambling activities could be allowed; and WHEREAS, if local control is not achieved through the legislative process, staff needs additional time to research and review secondary adverse impacts, if any, related to allowing social card game gambling activities in all zones; and WHEREAS, renewing the moratorium for another six months is in the public interest and promotes orderly land development in the absence of a moratorium; and C:\Documents and Settings\melissa-h\Desktop \Tukwila -Gambling Moratorium - renewaLdocx MD:mrh 08/16/7010 Page 1 of 2 3 • • WHEREAS, state law ( RCW 35A.63.220) authorizes the City Council to adopt land use moratoria; and - - -- --- - WHEREAS, the City SEPA Responsible Official has previously determined the moratorium is exempt from SEPA under RCW 43.21.030(2)(c), and the City may proceed with the moratorium pursuant to WAC 197-11-800(14)(h); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Moratorium Renewed. The City hereby renews the moratorium previously imposed upon the filing of applications for building permits, development permits, or any other permits or approvals required for food or drink establishments seeking to conduct new social card game gambling activities, or to expand existing social card game gambling activities, whether as a principal use or as an accessory use. For the purpose of this ordinance, the definition of "development permits" in Ordinance No. 2279 is hereby adopted by reference as if fully set forth herein. Section 2. Public Hearing. Pursuant to RCW 35A.63.220 and following adequate public notice, a public hearing was held on September 13, 2010 toreceive testimony regarding the moratorium. Section 3. Findings of Fact. In accordance with RCW 35A.63.220, which requires that the City Council adopt findings of fact justifying the adoption of a moratorium, the "WHEREAS" clauses set forth above are hereby adopted as the City Council's findings of fact and are by this reference incorporated herein as if set forth in their entirety. Section 4. The moratorium renewed herein shall be in effect until March 22, 2011, unless extended by the City Council pursuant to state law. Section 5. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 6. Declaration of Emergency - Effective Date. For the reasons set forth above, and to promote the objectives stated herein, the City Council finds that a public emergency exists, necessitating that this ordinance take effect immediately upon its passage by a majority plus one of the whole membership of the Council in order to protect the public health, safety, property, and general welfare. This ordinance shall take effect and be in full force immediately upon passage by the City Council. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2010. ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: C:\ Documents and Settings\melissa-h\ Desktop\Tukwila - Gambling Moratorium - renewal.docx MD:mrh 08/16/2010 Page 2 of 2 4 • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Community Affairs and Parks Committee FROM: Jack Pace DATE: August 16, 2010 SUBJECT: 2010 Comprehensive Plan Amendments and Rezones ISSUE The Washington Growth Management Act allows a jurisdiction's Comprehensive Plan to be amended once each year, except in case of emergency. This memo provides information on the Planning Commission's recommendations for two Comprehensive Plan amendments and three rezones under review this year. It requests that the amendments are forwarded to the City Council for a briefing, public hearing and action. BACKGROUND Process to date: The City Council took comments from the public at a public meeting on June 28, 2010 and took action on July 6, 2010 to forward the Comprehensive Plan amendments to the Planning Commission for staff review, public hearing and recommendation. After holding a hearing on July 22, 2010, the Planning Commission made recommendations, and is forwarding the issues back the City Council for a last public hearing and final action. After taking comments from the public at a hearing, the Council may: • Adopt a proposed amendment by ordinance; • Adopt a modified version of a proposed amendment by ordinance; or • Reject the amendment. Consideration of a site-specific map amendment is a quasi-judicial decision. Consideration of an area -wide zoning map change is a legislative decision. At each stage in the review process, staff has tried to encourage public involvement. Public meetings and hearings were advertised in the newspaper, and put on the City's website. Individual sites were posted with notices of applications and meetings. Staff met statutory notification requirements in providing mailings to owners and occupants within 500' of the proposed map and zoning changes. rf Page 1 of 7 08/18/2010 H:\COMP PLAN 2009-2010\CC.Hearin —FinaLAction--9.10\CAP\M.edits--8.17.10 5 Organization of Informational Materials Exhibits 1-6 provide basic information to accompany the informational memo. Attachments 1. -3 include complete planning Commission staff reports, and draft ordinances that reflect the Planning Commission recommendations for each of the Comprehensive Plan amendment/Zoning code amendment requests respectively. DISCUSSION 1. Wooden LLC-- Amend Comprehensive Plan/Zoning Map on two parcels, including: 1) Manufacturing Industrial Center/Light to Office; and, 2) Low Density Residential (LDR) to Office • File #L09-064—Comprehensive Plan Amendment • File #L09 -065 --Rezone The applicant, Wooden LLC, requested to redesignate two parcels, including: 1) Manufacturing Industrial Center—Light (MIC/L) to Office (0) at 3912 S. 1150; and, 2) Low Density Residential (LDR) to Office at 3914 S. 115th. The parcels are located generally at the southeast corner of the Duwamish Riverbend Hill park property. The parcel that is currently zoned LDR is vacant. The parcel zoned MIC/L is now used as a construction storage yard. The applicant offered to donate a third, small parcel across S. 116th on the river. This is not part of the Comprehensive Plan amendment/rezone consideration. (Exhibit 1, pp 1&2) (Exhibits 2 & 3) The applicant requested Office designation in order to construct an office or similar development on two parcels. Applicant's reasons for the rezone request were: a) The site is more developable if combined with the adjacent lot; b) Uses that are allowed in the proposed Office zone, such as office or gallery, would provide a transition with fewer impacts to the residential neighborhood than uses, such as manufacturing and auto repair,that could be built under the current the MIC/L zoning; c) It is more economical to build a three story building and the maximum building height in the proposed Office zone is 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'in the LDR lot. There were concerns raised at the public hearing related to parking and access. Future development would be required to provide parking on site, and access would be limited via S. 115th, rather than through the adjacent residential neighborhood. (Attachment 1) Planning Commission Recommendation-- Comprehensive Plan (File # L09-064) • The Planning Commission voted to deny the request to redesignate two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) Planning Commission Recommendation --Rezone (File# L09-065) • The Planning Commission voted to deny the request to rezone two parcels from Manufacturing/Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) rf 2 08/18/2010 T.T.\nnu RT III A AT•I AAA 1 Ai At nn T1...:.... C:....1 A A1Mr, A 017.8-.14.. 01/IA 6 • 2. Macadam LLC—Redesignate parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) • File #L09-067—Comprehensive Plan • File #L10-002—Rezone The applicant, Barry Becker, is requesting to redesignate one parcel from Commercial/Light Industrial to Medium Density Residential (MDR) at 4300 S. 133`d Street, Tukwila, WA (Parcel # 261320-0131). The majority of the vacant property contains environmentally -sensitive areas, including a Type 2 stream, a Type 2 wetland, and their associated buffer areas. It also includes a steep slope with moderate potential for geologic instability. (Attachment 2 A) The property in question is immediately adjacent to a lot that is designated LDR, and that contains a single- family residence. The subject property is vacant except for a garage that serves the single-family home on the adjoining lot. The redesignation is sought in order to allow housing, rather than commercial/light industrial uses to be built adjacent to a Low Density Residential zone. Given the many environmentally -sensitive areas on the site, housing is considered to be a more appropriate use than commercial or light industrial activities. Medium -density residential would provide a better transition to the adjacent low density residential area, than the current commercial and light industrial uses that could be built under the current zoning. Medium Density residential allows up to 14.5 units per acre. In light of the site's streams, wetlands and slopes, it is likely that a maximum of five units could be built on the property, either as town homes or duplex, triplex or four-plex. If desired, a planned residential development could be built on the site in order to encourage imaginative site design by clustering homes, and to create open space in the future development that keeps features of the natural environment for the enjoyment of future residents. The property is the site of an ongoing code violation for removing vegetation and placing illegal fill in the stream buffer, and wetland buffer. The applicant applied for and has received a 50% buffer reduction that allows him to perform the required work on the site to mitigate impacts to the wetland and buffer, and to enhance the buffer. These actions will correct the code violation, increase developable space on the site, and improve the wetland buffer. The applicant is required to make significant progress in mitigating the impacts of the code violation and enhancing the buffer as a condition of the buffer reduction decision, and to proceed with consideration of the Comprehensive Plan amendment and rezone. Future multi -family development would be subject to design review, traffic impact and noise review. Planning Commission Recommendation-- Comprehensive Plan (File # L09-067) • The Planning Commission voted to approve the request to redesignate a parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) with the following conditions: 1) All requirements of the following contract rezone must be met including: a. All code violation issues, including the conditions outlined in the Special Permission Director (File # L09-014) shall be completed by the applicant and fmalized by the City of Tukwila by December 31, 2010. b. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. 2) In the event that the rezone is voided, the Comprehensive Plan Medium Density Residential -designation shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the Comprehensive Plan map change per the Planning Commission's recommendation is included as Attachment 2 B Planning Commission Recommendation --Rezone (File# L10-002) • The Planning Commission voted to approve the request to rezone the parcel from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) as a contract rezone with the following conditions: 1. All requirements of the following contract rezone must be met including: • All code violation issues, including the conditions outlined in the Special Permission Director (File # L09-014) are to be completed by the applicant and finalized by the City of Tukwila by December 31, 2010. c. In the event that the above condition is not met by the deadline above, the rezone shall be voided. Medium Density Residential zoning shall revert to Commercial/Light Industrial without further legislative action. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 2 C. Tukwila South Annexation —Establish Zoning for Recently -Annexed Area • File #L10-035—Zoning Issue: Annexing portions of the Tukwila South Project Area inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. The recommended zoning change corrects the issue. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as described in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tulcwila's Comprehensive Plan land use map and its zoning map are required to be consistent. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will also specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, a supplemental, "overlay" zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. (Attachment 3 A) rf 4 08/18/2010 8 When the southernmost part of the Tukwila South Project Area was annexed to Tukwila, the Tukwila South Overlay zone became the applicable zoning for the annexed area. However while the Tukwila South Overlay supplements zoning under certain circumstances, it does not replace the underlying zoning. When the Tukwila South Project Area was annexed, the Comprehensive Plan designation was already in place, but identical zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had Comprehensive Plan designation and zoning, but the new annexation area had only Comprehensive Plan designation, and no underlying zoning. In addition, the new annexation area could be left without zoning in the event that the Tukwila South Development Agreement terminates before its term. The proposed amendment to the zoning map corrects the problem, by establishing zoning in the area that was annexed without underlying zoning, and making the new zoning consistent with Comprehensive Plan designations that were in place before the annexation occurred. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are the same, including: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Planning Commission Recommendation: --Rezone (File #L10-034) • Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. A draft ordinance adopting the rezone per the Planning Commission's recommendation is included as Attachment 3 B. RECOMMENDATION The City Council is being asked to hold a public hearing on these items at the September 13, 2010 Committee of the Whole meeting, and to take action at the subsequent September 20, 2010 Regular Meeting. ATTACHMENTS Exhibits: 1.Planning Commission Minutes (draft) 7/22/10 2.Zoning Map—Wooden LLC 3.Aerial Map—Wooden LLC 4.Zoning Map—Macadam LLC 5.Aerial Map—Macadam LLC 6.Zoning Map—Tukwila South Annexation Area Attachments: 1.#L09-064and #L09-065—Manufacturing Industrial Center -Light (MIC -L) and Low Density Residential (LDR) to Office (0) a. Planning Commission Staff Report (7/22/10) rf no„onn,A 9 • • 2. #L09-067 and #L10-002—Macadam LLC—Commercial/Light Industrial (CLI) to Medium Density Residential (MDR) a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance—Comprehensive Plan c. Draft Ordinance—Zoning 3. #L10-035—Establish Zoning in Tukwila South Annexation Area a. Planning Commission Staff Report (7/22/10) b. Draft Ordinance --Zoning rf 6 08/182010 10 • • PLANNING COMMISSION (PC) PUBLIC HEARING MINUTES JULY 22, 2010 The public hearing was called to order by Chair Arthur at 6:30 PM. Exhibit 1 Present: Chair, Bill Arthur; Vice -Chair, Margaret Bratcher; Commissioners, George Malina, Lynn Peterson, Brooke Alford, Thomas McLeod, and Louise Strander Representing City Staff: Minnie Dhaliwal, Rebecca Fox, and Wynetta Bivens AMP Chair Arthur noted that there was no one in the audience to testify,ad that stauuas not present to give the presentation. COMMISSIONER MALINA MADE A MOTION TO _ADOPT THEE PUBLIC HEG MINUTES FROM NNE 24, 2010. COMMISSIONER°BRATCHER SECONDED TIWMOTION. THE MOTION WAS UNANIMOUSLY APPRO • Staff noted that the public hearing notice that was mailed out i e , a pastmeeting start time off7:00 PM instead of 6:30 PM Staff also noted that the applicants were exp6'te.t 7:00 PM, and requested that Case Number L10-034 be heard first on tb agenda. s Chair Arthur recused himself from hearing `selu„ber L10-034, at 6i4WPM because he is employed by the developer of the Tukwila South annexab:pr` ect. -° 0.41 Chair Pro -Tem Bratcher opened the public hearing for Case Nui1ber x:,:1_.0=034 FILE NUMBER: ,.L10=0I4. YAW APPLICANT: jr,÷4,1 of Tila REQUEST: .:;yMEstablish ung consistent wiComprehensive Plan designations in the "tl.ulcwila South annexation area p ij j acres, genes 'fly located between: South 188t Street on the no uth 2r4t64th`h south; Orillia Road and Interstate 5 on the west; the n River on iliersast. ..,,: R b cca Fox, Senior Fii‘Mr, Depar3,ni Page 2 of 6 July 22, 2010 PC Minutes • • RECOMMENDATIONS, AND CONCLUSIONS, TO THE CITY COUNCIL. COMMISSIONER STRANDER SECONDED THE MOTION. ALL WERE IN FAVOR. Chair Arthur returned to the Council Chambers at 6:52 PM and resumed his position as Chair. Chair Arthur opened the public hearing. Chair Arthur swore in those wishing to testify. Staff reiterated that the public hearing notice mailed to the public had a meeting start time of 7:00 PM instead of 6:30 PM. Chair Arthur called a recess at 6:55 PM in order to allow the secondpulliehearing case number L09- 064 to start at 7:00 PM, and allow those wishing to testify time to a#Tie. X04* Chair Arthur re -convened the public hearing at 7:00 PM. NBeals wishing'stify were sworn in. FILE NUMBER: APPLICANT: REQUEST: LOCATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: L09-064 Wooden LLC Amend Comprehensive Plan desigi i on:Fw-r Tots, including 1} from Manufacturing/Industrial Center -Light - -L) to Office (Tax#1023049072); and 2) Low Densit =ltesidential(LDR) to (0) (Tax#3351400005) 3914 S. 115th St., Tu WA 98188 L09-065 Wooden LLC Amend Zoning Map desigaift`i on two–WO-including 1) from Mantiitcg/Industrial Cd"riter-Light (MIC -L) to Office (Tax#1023049072); d 2) Low ehsity Resideniial (LDR) to Office (0) (Tax#3351400005) 115CSI., Tukwila, W49.,188 Rebecca Fox gage,the presentat on`'Fb?"s p`;Sti.riotel"that the Washington Growth Management Act allows amendman w di Compre ensive Plan andfhe Zoning Code once a year. This year there are three requffits for the r, and then forward their recommendations on to the City Councij; = The applicirfishes to obtain ice de&gnation for two parcels in order to construct an office or similar building. Staeves that larg -daytime uses that are allowed in the proposed Office zone, such as office, would prow; e a better transition with fewer impacts to the residential neighborhood than uses, such as manufacturing d aut fepair, that could be built now with the MIC/L zoning. Maximum building heights in theed Office zone are 35'/3 stories, compared with the existing 45'/4 stories in the MIC/L lot, and 30'injjfe LDR lot. The applicant has offered to donate a third small, vacant riverfront parcel to the City. Ms. Fox stated the donation would not be a part of the consideration for the re -zone. Parcel one, in a manufacturing area is separated from other manufacturing uses, and is currently being used as a construction storage yard, a permitted use in the MIC/L zone. The applicant has requested to retain this use as a legal, non- conforming use for a maximum of two years if the Office designation is approved. In light of the poor economy, retaining the use for a maximum of two years would allow time to prepare for development. If conditions are not met, the Office zoning would be void and the former zoning would revert. Staff Recommendation: Approval with four conditions as listed in the July 22, 2010 staff report. 12 • Page 3 of 6 July 22, 2010 PC Minutes Commissioner Alford asked for clarification on the height for Office compared to MIC/L, and discussion followed. Commissioner Arthur asked if both parcels are entirely within the 200 foot shoreline management zone, and staff confirmed that it is. He also asked if anything was allowed to be built as it currently exist, and staff responded that they are not sure. Staff will follow-up on Commissioner Arthur's inquiry, and provide information regarding when the Shoreline Master Program will be adopted by the Department of Ecology. PUBLIC TESTIMONY: Frank Firmani, applicant stated it is his goal to construct a smart, intelligent, green, and friendly development that fits in with the park and the adjacent neighborhood,Mairmani said that the donated parcel will become part of the river front trail. He said that a mixeM§e buildingMon the site would not work economically. Mr. Firmani also commented that he has met with staff in the Parks and Recreation Department in the past, and that they are supportive of the projea"I," Eric Cobb, Architect, for the applicant, said that the im aet of the MIC/L property on ,g=park=is a significant one. He said that carefully considered landscajlrequire,tints and landscap_biffers between the park and property could significantly ease the tC ition o tht-development.41e also said that the donated parcel is a substantive improvement to the community and the park. Kathy Desjardin, citizen, asked if there wou' a benefit to the co riftnity to put an office building in between a park and residential area. She raisetliget ,other questions: ,t aid she would prefer that the zoning not be changed. Ms. Desjardin said t she�ed the public-Yiotice on July 7th and it had a continent deadline of June 21. 414119 Denise Meyers, citizen, saiffitrtitatging the parcels would be a°negative impact on the surrounding neighborhood significantly. She saii that increased traffic in the area would be a safety issue for the residents. She also saEi�;`a ld be atige impact to thesseptic system for the park and the residents in the neighborhood. Ms. Mey aid tledonated land to Vie City would not be beneficial. She also commented that there is no par'" rg n iMac a � Mark Lund, irfq edd.,on whe' %r there has been a traffic mitigation study. He said that the proposedJarcel to be donatee to the Cit ke's no sense. He said that the biggest issue he is worried about is� ti jc safety, due to amount Oftraffic that would be leaving the area daily. Georgina Ketifiejtizen, said thighere should not be this type of building constructed in the neighborhood beraikit is out Kcontext and place. She said that it would increase run-off, increase danger to pedestrians thatifis too close to the residential area. Ms. Kerr supports maig the existing zoning. REBUTTAL: Ms. Fox addressed the comments given by the citizens. She said that any development must meet code. She stressed that there is a range of activities, such as auto repair and manufacturing that are currently permitted under the MIC/L that could be built now. Under the Office re -zone there is also a range of activities that could be built and it doesn't have to be an office building. She said that traffic access would be from S. 115th, rather than on a residential street to avoid impact on the neighborhood, and that all parking would be on site to meet code requirements. With careful site design, future development could be placed away from the neighboring LDR uses to minimize impacts. She said that a stop sign at the site would contribute to safety. She also said that any new development would be required to handle the run-off on site. Several questions were addressed. 13 Page 4 of 6 July 22, 2010 PC Minutes There were no further comments. The public hearing was closed. Chair Arthur thanked the commissioners for indulging him and allowing the public to exceed the five minute testimony time limit. He said that the commissioners get a perspective from the community when they get public input, which they are not privy to with just a staff report and input from property owners. He said that he appreciates the people who take the time and effort to provide the public input, and five minutes just doesn't do it sometimes. He also said that the exchanges tonightbetween the public and staff were well worth hearing. The Planning Commission deliberated. Chair Arthur clarified that the Planning Commission would make aecommedation to the City Council and that the City Council will make the final decision. Commissioner Peterson said he thinks that a re -zone to. ffice use would create fewerimplgs, and it seems more functional than the MIC/L use. He also sai3',there w2[o compelling evdce to deny the proposed re -zone, and he is in support of the re -zone. Commissioner McLeod said if he was to summarize it, he woul diet the way that Commissioner Peterson summarized it. He also said that stacumentation listi t the current use of the MIC/L could be, and how it could or wouldn't change- i a: zoned, was ve %ielpful. Commissioner Alford said for the record, she ha , ead tt" p e rt' thoroughly and that she appreciates all of the informatiowthat was presented:. wi'ie said ifernew zoning is approved that she hopes the property owner wz111i to what he hasx roposed. Sire said that it is probably the best solution when looking gffie allowe'd a ps for the MILL. She said what is there now makes for a disturbing view from,a7cakand sh would be in support.of whatever they could do to get rid of it. She said that she has a problem tRawo.i fore -years of the c, ?rent use if it is re -zoned for the applicant, and that it would be a.huse allowair&-fiidle , aj$ sgrne..1 nd of visual mitigation should occur and something be4fordec o the citize ~jn the com taifitty. Staff sa dlf there is consedW0mong t . ominission, they could amend condition # 2 of the proposed to require soxi ype of screenin Commissionerrthur said thane does not see any compelling reason for the re -zone, but he sees a number of reasmigkto approt 'the change. He went over the six bullet items in section #4, page 6 in the staff report, and ga�re..explatiation on his opposition with each of the statements. Commissioner Arthur also said that he4rj me questions regarding the appropriateness of the public notice. Commissioner Strand said that she concurs with the comments made in appreciation of the testimony. She said that she has reviewed the Zoning Code and all of the different uses that could be applied to the Office designation. She said she also concurs with Commissioner Alford regarding the applicant meeting all of the traffic requirements, and Commissioner Arthur's comments regarding the notice. Commissioner Bratcher said it needs to be kept in mind that they may be setting precedent for temporary zoning to flip flop back and forth. She said that either they should change the use, or they don't. She also said that she has a slight problem with changing the use and allowing non -conforming use. 14 • • Page 5 of 6 July 22, 2010 PC Minutes COMMISSIONER MALINA MADE A MOTION ON L09-064, COMPREHENSIVE PLAN AMENDMENT AND L09-065, RE-ZONE,TO FORWARD THE RECOMMENDATION TO THE CITY COUNCIL TO DENY THE OFFICE USE AND STAY WITH THE MIC/L. COMMISSIONER MCLEOD SECONDED THE MOTION. COMMISSIONER ARTHUR CALLED FOR A HAND VOTE, AND THE REQUEST WAS DENIED, FOUR TO THREE. COMMISSIONERS PETERSON, ALFORD, AND STRANDER VOTED IN FAVOR OF THE RE- ZONE. There were no further comments. The public hearing was closed. The Planning Commission deliberated. Chair Arthur opened the public hearing. FILE NUMBER: L09-067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan4es tion front Commercial/Ligh lIclustrial (C/LI) to Medium Density ResidenEdiwipitycrax# 2613200134) LOCATION: 4300 S. 133rd St., Tukwila, WA FILE NUMBER: L10-002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map de inahotla- Commerc al/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tacit 261.x`200131) LOCATION: 4300..Sa1 3`' St., Tukwila,W Rebecca Fox gave thepresentationf. staff The intent is to provide a better transition between Commercial/Light Industrial;on the East and single fasriily ousing on the West by constructing housing. Approximately 80 % of the perry xelland or buffer and 20% can be developed, which would allow four to five units Staff recommendation oval obntract rezone with the following two conditions: A)All ll code olation 1 ,s, includm Eke conditions outlined in the Special Permission Director (File # L09-014) is to;be complet 'by the applicant and finalized by the City of Tukwila by Decnber 31, 2010. (Iillke staffreport, the deadline was December 1, 2010, but staff extended it to Deer 31, 2010, Eli' the applicant's request.) B) In the eventhat the above condition is not met by the deadline above, the rezone shall be voided. Medium dei. esi Io itial zoning shall revert to Commercial/Light Industrial without further legislative actibh "" There were no further comments. Berry Becker, applicant, commented that existing trees provide some noise buffer in the area. Staff stated that noise impacts from Sound Transit should be considered if housing is built in the future. There was no public testimony. The public hearing was closed. The Planning Commission deliberated. 1g Page 6 of 6 July 22, 2010 PC Minutes • • COMMISSIONER.MALINA MADE A MOTION TO FORWARD TO THE CITY COUNCIL APPROVAL FOR_IA9-067, COMPREHENSIVE PLAN AMENDMENT, AND L10-002 RE- ZONE, BASED ON STAFF'S FINDINGS, CONCLUSIONS, RECOMMENDATIONS, AND CONDITIONS, WITH A REVISED DEADLINE OF DECEMBER 31, 2010, ON CONDITION "A". COMMISSIONER BRATCHER SECONDED THE MOTION. ALL WERE IN FAVOR. DIRECTOR'S REPORT • The Commission was informed that the Community Development Director continuing work on the budget. • A Light Rail community meeting was held last month and Sound Transit staff briefed the Sound Transit Board. The meeting can be reviewed on-line. • There was inquiry from Commissioner Peterson on when the TUE neetings will resume. Staff will follow up on this, and have a schedule provided to the P, aifi ff ommission. Meeting Adjourned: Submitted by: 9:32 PM Wynetta Bivens Secretary • 40.0 MCWAV ACT WAWWW 41.10. 10. • 47. 16 GIS; 'Tc..00altCt 16 St I a) L09-064 Comprehensive Plan amendment—Manufacturing Industrial Center/Light (MICIL) to Office (0 and Low Density Residential (LDR) to Office (0) L09-065 Rezone—Manufacturing Industrial Center/Light (MICA.) to Office (0), and Low Density Residential (WR) to Office (0) Proposed Manufacturing industrial Center (MICIL) to Office (0) and Low Density Residential (LDR) to Office (0) Public Recreation Overlay AlIVIK•Al% 14, Nero io.41611oA -immiz2 Zoning Lines EXHIBIT 2 Wooden LLC Toot • s 311 uapooM 1181 HX3 satin 6uiuoZ (0) 90 1110 01, (801) lequap!sad Avsua0 moi pue (0) a&L0 01 (1'OIIN) Jaiva0 leuisnpul 6uunioeinuew pasodoJd (0) 90410 of (801) Ieruap!sad Aiisua0 mol pue 10) e3! 0 01(1//0IW) iy6ri/Jaiva0 le!Jisnpui 6uuniaeinueW--euoza990-601 (0) an() 0i (801) le!ivap!sab /i!sua0 moi pue '(0) 9010 01(1/0I01) 10!i/aaiva0 leiisnpul 6uunPeJnueW--ivawpuawe ueid an!suayaJduio0 v90-601 $ 126 St U0 L09-067 Comprehensive Plan amendment—Commercial/Light Industrial (C/L1) to Medium Denstty Residential (MOR) L10-002 Rezatie-,-Cornmerciallight Industrial (0/LI) to Medium Density Residential (MDR) Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) 7aninn Lines EXHIBIT 4 Macadam LLC LO9-067 Comprehensir`e Plan amendment--O+ommercial%'i_ight I"'c, u to Medium Density Resident al (MDR) Li0-002 Rezone--Commerci =:`Light. Industrioi {i to Medium Density Residential (MDR) Commercial;Light industrial (C:LI) to Medi m Density Resictentia! (MDR` r..q, Zoning Lines EXHIBIT 5 Air Macadam LLC 1" = 419' i6 11 Le end LDR Ligh Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light industrial TVS Tukwila Valley South Li Light Industrial HI Heavy Industrial Overlays and Sub Areas Ema 103 Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District EXHIBIT 6 sw43St Establish Tukwila South Annexation Area Zoning ir H:PLANNING\Comp Plan d Zone Amend12010 com tone amendlEstab Tuk scute overlay a5t leaer line.mxd • ATTACHMENT 3 TUKWILA SOUTH ANNEXATION ZONING MAP HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: ZONE DESIGNATION: ATTACHMT 3 A STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 L 10-034(Rezone) City of Tukwila Establish underlying zoning in the Tukwila South Annexation area that is consistent with the Comprehensive Plan designation Tukwila South Annexation Area ( Approximately 259 acres generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) Low Density Residential (LDR), Mixed Use Office (MUO), Tukwila Valley South (TVS) None SEPA DETERMINATION: Determination of Non -significance (DNS), July 21, 2010 STAFF: ATTACHMENTS: Rebecca Fox A. Application #L10 -034 --Zoning Map Change B. Minutes—City Council Regular Meeting(July 6, 2010) C. Zoning map Rf 1 08/18/2010 127 • • FINDINGS Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Rf 2 08/18/2010 128 H:\COMP PLAN 2009-2010\Planning.Commission\Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc • • Issue: The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990) requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. Rf 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the 3 08/18/2010 129 • • Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Comprehensive Plan and zoning classifications must be consistent. • Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: • The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Chanzed conditions: • The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Rf 4 08/18/2010 H:\COMP PLAN 2009-2010\Planning.Commission\Tukwila South\Final--PC.Staff.Rpt.Tukwila.South.doc 130 • • ® Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. 4) Community interest: m Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. ZONING—RECOMMENDATION: Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 08/ 18/2010 131 • • Attachment 3B DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING ZONING THAT IS CONSISTENT WITH EXISTING COMPREHENSIVE PLAN DESIGNATIONS FOR 259 ACRES OF REAL PROPERTY REFERRED TO AS THE. "TUKWILA SOUTH ANNEXATION AREA"; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, in 1995, the City of Tukwila adopted the Zoning Code and Map based on consideration of existing conditions and long-term community goals, and these documents may be reviewed and updated as appropriate; and WHEREAS, on June 28, 2010, the City Council held a public meeting regarding proposed changes to the Zoning Map; and WHEREAS, the City of Tukwila has complied with the requirements of the State Environmental Policy Act; and WHEREAS, on July 7, 2010, Zoning Map amendments were determined to have no significant environmental impact; and WHEREAS, on July 22, 2010, the City of Tukwila Planning Commission held a public hearing and, after receiving and studying staff analysis and comments from the public, has recommended approval of the rezone application, and has made and entered Findings and Conclusions thereon in support of that recommendation; and WHEREAS, notices of public meetings and public hearings were published in The Seattle Times, posted on site, and mailed to surrounding properties; and WHEREAS, the Comprehensive Plan and zoning designations must be the same; and WHEREAS, upon its annexation to Tukwila, the Tukwila South Annexation Area had Comprehensive Plan designations of Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS), but did not receive zoning that is consistent with the Comprehensive Plan designations; and WHEREAS, this created an inconsistency between the Comprehensive Plan designation and the zoning classification; and WHEREAS, on September 13, 2010, the Tukwila City Council received testimony at a public hearing; and WHEREAS, after due consideration, the City Council concurs with the Findings and Conclusions of the Planning Commission and has determined the public interest will be served by approving the rezone application; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W:\Word Processing \ Ordinances \Zoning Map Amend—TUKWILA SOUTH.doe RF:mrh 08/16/2010 Page 1 of 2 133 • • Section 1. Findings and Conclusions Adopted. The City Council hereby adopts Findings and Conclusions of the Tukwila Planning Commission, attached hereto as Exhibit 1 and incorporated by this reference as if fully set forth herein. Section 2. Zoning Established. The property located south of South 188th Street on the north, South 204th Street on the south, Orillia Road and Interstate 5 on the west; and the Green River on the east including the following: PARCEL #352304-9050, #352304-9078, #352304-9041, #352304-9117, #022204-9037, #022204-9040, #022204-9033, #352304-9016, #022204-9008, #352304-9066, #352304-9065, #022204-9043, #022204-9057, #032204-9047, #023900-0352, #032204-9100, #032204-9106, #032204-9006, #032204-9090, #022204-9011, #022204-9015, #032204-9092, #032204-9093, #032204-9056, #032204-9052, #022204-9036, #022204-9061, #032204-9062, #032204-9049, as described in the attached Exhibit 2 and shown on the map as Exhibit 3, is hereby approved to be zoned as Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS) as consistent with the existing Comprehensive Plan designation and as shown on Exhibit 4. Section 3. Map Amendment Authorized. The Department of Community Development Director, or his designee, is hereby authorized to amend the City's official zoning map to show this change in zoning. Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five 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 day of 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number: Attachments: Exhibit 1- Findings and Conclusions, Planning Commission Staff Report (File #L10-034), July 22, 2010 Exhibit 2 - Legal Description Exhibit 3 - Zoning Map Exhibit 4 - Comprehensive Plan Designations Map W:\Word Processing \ Ordinances \Zoning Map Amend-TUKWILA SOUTH.doc RF:mrh 08/16/2010 Page 2 of 2 134 EXHIBIT 1 Findings and Conclusions (#L10-034) July 22, 2010 Establish zoning in Tukwila South Annexation Area Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Issue• The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. W:\Word Processing\ Ordinances \ Zoning Map Amend--TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 1 of 3 135 • • The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of -thatarea = was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990)requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. W:\Word Processing\Ordinances\Zoning Map Amend--TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 2 of 3 136 Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other properties in the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Comprehensive Plan and zoning classifications must be consistent. • Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: • The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: • The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. • Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. Community interest: • Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. W:\Word Processing\Ordinances\Zoning Map Amend--TUKWILA SOUTH.doc RF:mrh 08/13/2010 Page 3 of 3 137 Exhibit 2 LEGAL DESCRIPTION OF THE ANNEXED PROPERTY PARCEL 352304-9050: THAT PORTION OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 - NORTH, RANGE 4 EAST, W.M., LYING NORTHWESTERLY OF COUNTY ROAD KNOWN AS 57TH AVENUE SOUTH; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE SET AT THE INTERSECTION OF THE NORTH LINE OF SAID GOVERNMENT LOT 7, WITH THE WEST LINE OF SAID COUNTY ROAD; THENCE WEST ALONG THE SAID NORTH LINE, 210 FEET, MORE OR LESS, TO AN IRON PIPE AT THE FOOT OF THE HILL; THENCE SOUTHERLY ALONG THE FOOT OF THE HILL 259 FEET, MORE OR LESS, TO AN IRON PIPE SET IN THE WESTERLY LINE OF THE SAID COUNTY ROAD; THENCE NORTHWESTERLY 313 FEET, MORE OR LESS, ALONG SAID COUNTY ROAD, TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9078: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE NORTH 05°44' 13" EAST ALONG THE WESTERLY LIMIT OF SAID SECTION 833.82 FEET; THENCE SOUTH 87°57'17" EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION 433.99 FEET TO THE EASTERLY RIGHT- OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, SOUTH 188TH STREET INTERCHANGE, AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 87°57'17" EAST 61.01 FEET; THENCE SOUTH 228.89 FEET TO A POINT ON SAID RIGHT-OF-WAY MARGIN OPPOSITE ENGINEER'S STATION JR 36-00; THENCE SOUTH 82°46'30" WEST 59:85 FEET; THENCE NORTH 07°13'30" WEST 106.15 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 315 FEET, AN ARC DISTANCE OF 134.83 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT ANY PORTION, IF ANY, LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9041: THAT PORTION OF THE SOUTHWEST' OF THE SOUTHWEST'/ AND OF GOVERNMENT LOT 7 IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THE COUNTY ROAD IN GOVERNMENT LOT 7 OF SAID SECTION, 139 FROM WHICH POINT THE SOUTI-IWEST CORNER -OF -SAID -SECTION 35, BEARS SOUTH 00° 56' 40" WEST 1,048.79 AND NORTH 89° 03' 20" WEST 1,656.75 FEET, MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 08° 13' 05" EAST 36.70 FEET; THENCE SOUTH 19° 59' 25" WEST 520.10 FEET; THENCE SOUTH 73° 05' 40" EAST 233.32 FEET; THENCE NORTH 16° 29' 55" EAST 474.00 FEET; THENCE SOUTH 64° 17' 20" EAST 232 FEET, MORE OR LESS, TO THE BANK OF THE GREEN RIVER; THENCE SOUTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE SOUTH LINE OF SAID SECTION 30; THENCE NORTH 89° 03' 20" WEST ALONG SAID SOUTH LINE TO THE EASTERLY LINE OF SAID COUNTY ROAD; THENCE NORTHERLY FOLLOWING SAID ROAD LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87° 58' 28" EAST 1,312.95 FEET, ALONG THE SOUTH L1NE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01° 54' 58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS, THE FOLLOWING COURSES AND DISTANCES: NORTH 88° 05' 02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 62° 10' 00" AND AN ARC LENGTH OF 54.25 FEET; THENCE NORTH 25° 55' 02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 83° 13' 26" AND AN ARC LENGTH OF 44.41 FEET; THENCE SOUTH 70° 51' 32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19° 08' 28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19° 08' 28" WEST 100.00 FEET; THENCE NORTH 70° 51' 32" WEST 100.00 FEET; THENCE NORTII 19° 08' 28" EAST 100.00 FEET; THENCE SOUTH 70° 51' 32" EAST 100.00 TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9117: THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 35; THENCE SOUTH 87°58'28" EAST 1,312.95 FEET, ALONG THE SOUTH L1NE THEREOF, TO A POINT ON THE EASTERLY LINE OF FRAGER ROAD (40.00 FEET WIDE); THENCE NORTH 01°54'58" WEST 145.53 FEET ALONG SAID LINE; THENCE ALONG THE CENTERLINE OF A 20.00 FOOT WIDE EASEMENT FOR PURPOSES OF INGRESS AND EGRESS THE FOLLOWING COURSES AND DISTANCES; NORTH 88°05'02" EAST 131.00 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE TO THE LEFT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 62°10'00" AND AN ARC LENGTH OF 54.25 -FEET; THENCE NORTH 25°55'02" EAST 13.34 FEET TO THE BEGINNING OF A 50.00 140 FOOT RADIUS CURVE TO THE RIGHT; THENCE, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 83°13'26" AN ARC LENGTH OF 44.41 FEET;THENCE SOUTH 70°51'32" EAST 121.13 FEET TO THE END OF SAID EASEMENT; THENCE SOUTH 19°08'28" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE SOUTH 19°08'28" WEST 100.00 FEET; THENCE NORTH 70°51'32" WEST 100.00 FEET; THENCE NORTH 19°08'28" EAST 100.00 FEET; THENCE SOUTH 70°51'32" EAST 100.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9037: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF SAID SECTION, AT A POINT SOUTH 89° 03' 20" EAST, 1,314.12 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE SOUTH 77° 19' 20" EAST 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02° 41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST TO THE EAST LINE OF THE 40 FOOT COUNTY ROAD, AS ESTABLISHED AND USED ON APRIL 30, 1951 `FRAGER ROAD'; THENCE NORTHERLY ALONG SAID EASTERLY ROAD LINE TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH SECTION LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING ON THE EASTERLY LINE OF SAID TRACT, AT A POINT 164.83 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 74° 01' 20" WEST 96.81 FEET; THENCE NORTH 67° 09' 20" WEST 131.54 FEET; THENCE SOUTI-I 05° 44' 15" WEST 225.46 FEET TO THE SOUTHERLY LINE OF SAID TRACT AND THE TERMINUS OF SAID LINE; AND EXCEPT THAT PORTION, IF ANY, LYING WITHIN FRAGER ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9040: THAT PORTION OF GOVERNMENT LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTHWEST CORNER THEREOF BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST, 164.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 15° 04' 10" WEST 146.63 FEET; THENCE SOUTH 88° 33' 10" WEST 19837 FEET; THENCE NORTH 05° 44' 15" EAST 225.46 FEET; THENCE -SOUTH 67° 09' 20" EAST, 131.54 FEET; THENCE SOUTH 74° 01' 20" EAST, 96.81 FEET TO THE TRUE POINT OF BEGINNING; 141 • • EXCEPTING THEREFROM ANY PORTION OF FRAGER COUNTY ROAD, IF' - ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9033: THAT PORTION OF GOVERNMENTS LOTS 10 AND 11 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, FROM WI-IICH THE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 01° 55' 10" WEST, A DISTANCE OF 217.06 FEET; THENCE , ALONG SAID WEST LINE, SOUTH 01° 55' 10" EAST 343.94 FEET; THENCE NORTH 88° 04' 50" EAST, 181.50 FEET; THENCE SOUTH 01° 55' 10" EAST 347.90 FEET TO THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; THENCE SOUTH 89° 38' 20" EAST, ALONG SAID NORTH LINE, AND THE SAME PRODUCED TO THE WESTERLY BANK OF GREEN RIVER; THENCE NORTHERLY AND EASTERLY, ALONG SAID RIVER BANK, TO THE NORTH LINE OF SAID SECTION 2; THENCE NORTH 89° 03' 20" WEST, ALONG SAID NORTH LINE, TO A POINT FROM WHICH TIIE NORTHWEST CORNER OF SAID SECTION BEARS NORTH 89° 03' 20" WEST, A DISTANCE OF 1,314.12 FEET; THENCE SOUTH 77° 19' 20" EAST, 269.06 FEET; THENCE SOUTH 15° 04' 10" WEST 311.46 FEET; THENCE SOUTH 88° 33' 10" WEST 198.77 FEET; THENCE NORTH 02°41' 45" EAST 140.14 FEET; THENCE NORTH 72° 37' 15" WEST 373.20 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 00" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST 549.48 FEET, TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE EASTERLY MARGIN OF FRAGER ROAD; TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF FRAGER ROAD, WESTERLY OF THE WESTERLY BANK OF THE GREEN RIVER, AND SOUTHERLY OF THE EASTERLY EXTENSION OF THE NORTH LINE OF THAT CERTAIN TRACT OF LAND CONVEYED TO JOSEPH GUNTER UNDER KING COUNTY RECORDING NO. 3526897; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9016: THAT PORTION OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED A.S FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 87°59'06" EAST ALONG THE SOUTH LINE THEREOF 507.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°59'06" EAST 328.00 FEET; THENCE NORTH 16°56'40" EAST 262.12 FEET; THENCE NORTH 47°11'37" WEST TO THE EASTERLY 142 RIGHT-OF-WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE SOUTHERLY ALONG SAID MARGIN TO A POINT AT ITS INTERSECTION WITH TIIE NORTHEASTERLY LINE OF THAT CERTAIN TRACT OF LAND PREVIOUSLY CONVEYED BY DEED RECORDED IN VOLUME 1522 OF DEEDS, PAGE 526, UNDER KING COUNTY RECORDING NO. 2722034; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9008: THAT PORTION OF THE NORTHWEST 'A OF THE NORTHWEST'/ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF THE EASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, WESTERLY OF FRAGER ROAD (MESS COUNTY ROAD NO. 76), SOUTHERLY OF TIIE NORTH LINE OF SAID SECTION 2, AND NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 87° 59' 06" EAST, ALONG THE NORTH LINE OF SAID SECTION, TO THE WESTERLY MARGIN OF FRAGER ROAD (MESS COUNTY ROAD NO. 76); THENCE SOUTHERLY ALONG SAID MARGIN, SOUTH 01° 53' 23" EAST, 15.28 FEET; THENCE CONTINUING SOUTH ALONG SAID MARGIN, ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 10' 20", AN ARC DISTANCE OF 191.75 FEET TO THE TRUE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 72° 37' 15" WEST 338.36 FEET; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE NORTH 45° 27' 10" WEST TO THE SOUTHEASTERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1, AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 352304-9066: THAT PORTION OF THE SOUTHWEST 1/4 OF SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE EAST ALONG SOUTH LINE 245 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST ALONG SOUTH LINE TO A POINT 507 FEET EASTERLY OF SOUTHWEST CORNER OF SECTION; THENCE NORTH 26°48'20" WEST TO NORTH LINE OF SOUTH 125 FEET OF SUBDIVISION; THENCE NORTH 87°58'28" WEST 86 FEET, MORE OR LESS; THENCE SOUTH 15°00'00' EAST TO BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR 5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 143 • • PARCEL 352304-9065: THAT PORTION OF THE SOUTHWEST 1/4 OF TIIE SOUTHWEST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF EASTERLY MARGIN OF ORILLA COUNTY ROAD EXTENSION WITH SOUTH LINE OF SUBDIVISION; THENCE SOUTH 87°58'28" EAST 165 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 87°58'28" EAST 80 FEET; THENCE NORTH 15°00'00" WEST TO NORTH LINE OF SOUTH 125 FEET OF SAID SUBDIVISION; THENCE NORTH 87°58'28" WEST 80 FEET; THENCE SOUTH 15°00'00' EAST TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION LYING WITHIN PRIMARY STATE HIGHWAY NO. 1 (SR5) (SOUTH 188TH STREET INTERCHANGE); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9043: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 2, WHICH IS SOUTH 87° 59' 06" EAST 835.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 42° 48' 17" EAST 165.27 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE SOUTH 57° 55' 05" WEST 320.85 FEET; THENCE SOUTH 73° 44' 15" WEST 208.18 FEET; THENCE SOUTH 17° 47' 50" WEST 250.67 FEET; THENCE SOUTH 45° 27' 10" EAST 216.97 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 43' 44" EAST 896.82 FEET TO THE WESTERLY MARGIN OF MESS COUNTY ROAD NO. 76 (FRAGER ROAD) AND A POINT ON THE ARC OF A CURVE, FROM WHICI-I THE RADIUS POINT BEARS NORTH 74° 07' 22" WEST, A DISTANCE OF 710.00 FEET; THENCE NORTHEASTERLY ALONG SAID WESTERLY MARGIN, ALONG A CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 01° 58' 59", HAVING A RADIUS OF 710.00 FEET, AN ARC DISTANCE FO 24.57 FEET; THENCE NORTH 13° 53' 39" EAST 353.86 FEET TO A POINT ON A CURVE TO THE LEFT, HAVING A RADIUS OF 1,090.00 FEET, THROUGH A CENTRAL ANGLE OF 06° 30' 49", AN ARC DISTANCE OF 123.92 FEET; THENCE NORTH 07° 22' 50" EAST 584.35 FEET TO A POINT OF CURVE; THENCE ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 1,780.00 FEET, THROUGH A CENTRAL ANGLE OF 03° 05' 53", AN ARC DISTANCE FO 96.25 FEET; THENCE NORTH 72° 37' 15" WEST 338.36 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9057: THAT PORTION OF GOVERNMENT LOT 10 IN THE NORTHWEST 'A OF THE NORTHWEST''/ OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.IVI., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT 144 • • THE NORTHWEST CORNER OF SAID SECTION 2; THENCE SOUTH 01° 09' 08" EAST 217.06, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 45° 27' 10" EAST 766.45 FEET; THENCE SOUTH 31° 12' 21" WEST 731.63 FEET; THENCE SOUTH 88° 45' 19" EAST 896.82 FEET TO THE WEST MARGIN OF FRAGER ROAD; THENCE SOUTHERLY ALONG SAID WEST MARGIN OF FRAGER ROAD, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE WEST ALONG SAID SOUTH LINE TO THE WEST LINE OF SAID NORTHWEST 1/4 OF THE NORTHWEST 1/4; THENCE NORTH ALONG SAID WEST LINE TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF, DESCRIBED AS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30;TIIENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION 2, AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WEST 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION WITHIN PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE HIGHWAY NO. 5); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9047: THAT PORTION OF THE NORTHEAST 'A OF THE NORTHEAST 1/4 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHEASTERLY OF ORILLIA ROAD EXTENSION COUNTY ROAD AND PRIMARY STATE HIGHWAY NO. 1 (INTERSTATE 5); EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH; THENCE PROCEED SOUTH 01° 09' 08" EAST, 1,392.41 FEET ALONG THE WEST LINE OF SAID SECTION 2, TO THE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M.A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568; FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; 145 • • THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE POINT OF BEGINNING; AND EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 6013508; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9106: A PORTION OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 2 AND THE EAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., BEING MORE PARTICULARILY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 2, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY;THENCE SOUTH 110 41' 30" WEST 352.30;THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 023900-0352: THAT PORTION OF GOVERNMENT LOT 6 IN SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF ORILLIA ROAD SOUTH AS CONVEYED BY DEED RECORDED UNDER RECORDING NO. 6016781, AND NORTH OF SOUTH 200TH STREET; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; (BEING ALSO KNOWN AS A PORTION OF LOTS 105 AND 106 IN ANGLE LAKE SHORE ACRES DIVISION 2 UNRECORDED); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9100: THE WEST 37 RODS (610.5 FEET) OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THOSE PORTIONS THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEEDS RECORDED UNDER RECORDING NOS. 1168064, 2751663, AND 6016780; AND EXCEPT THAT PORTION CONVEYED TO THE STATE OF WASHINGTON FOR PRIMARY STATE HIGHWAY NO. 1, BY DEED RECORDED UNDER RECORDING NO. 5191889; AND EXCEPT THAT PORTION LYING NORTHWESTERLY OF 51ST PLACE SOUTH (ORILLIA ROAD SOUTH); AND 146 • • EXCEPT THAT PORTION CONDEMNED BY THE CITY OF KENT, FOR RIGHT OF WAY IN KING COUNTY SUPERIOR COURT CAUSE NO. 98-2-18787-5 KNT; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9006: THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 610.50 FEET CONVEYED TO THE SEATTLE AND WALLA RAILROAD AND TRANSPORTATION COMPANY BY DEED RECORDED UNDER VOLUME 9 OF DEEDS, PAGE 42; AND EXCEPT THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF SAID SUBDIVISION; AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE FOLLOWING DESCRIBED TRACT, TO -WIT: BEGINNING AT THE NORTHWEST CORNER OF SECTION 2 IN SAID TOWNSHIP 22 NORTH, PROCEED SOUTH 01° 09' 08" EAST 1,392.41, ALONG THE WEST LINE OF SAID SECTION 2, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO TME SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY AS SHOWN ON THE RECORDED SURVEY NO. 7707280568, FILED IN VOLUME 4 OF SURVEYS, PAGE 239, RECORDS OF KING COUNTY; THENCE SOUTH 11° 41' 30" WEST 352.30; THENCE SOUTH 78° 09' 50" WEST 236.01 FEET; THENCE NORTH 29° 00' 00" WEST 99.12 FEET; THENCE NORTH 11° 26' 35" EAST 51.27 FEET; THENCE NORTH 36° 52' 33" EAST 324.55 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT COUNTY ROAD (SOUTH 200TH STREET); AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGIIT- OF-WAYS AND STORM WATER RIGHT-OF-WAYS AND STORM WATER RIGHT-OF-WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9090: THE WEST 160 FEET OF THE EAST 709.5 FEET OF THE SOUTH 240 FEET OF THE SOUTHEAST '/4 OF THE NORTHEAST V4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE WEST 20 FEET THEREOF; AND EXCEPT ANY PORTION OF THE COUNTY ROAD, IF ANY, THAT LIES WITHIN THE LAND HEREINABOVE DESCRIBED; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT-OF-WAYS BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9011: THAT PORTION OF GOVERNMENT LOT 9 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION 2, 147 • AT A POINT 1392.41 FEET SOUTH OF THE NORTHWEST CORNER THEREOF; THENCE SOUTH 88° 45' 19" EAST 145.55 FEET TO THE SOUTHWEST CORNER OF THE M. A. SEGALE PROPERTY, AS SHOWN ON THE RECORDED SURVEY UNDER KING COUNTY RECORDING NO. 7707280568 (VOLUME 4 OF SURVEYS, PAGE 239) AND THE COMMENCEMENT OF SAID LINE; THENCE SOUTH 11° 41' 30" WEST 352.30 FEET; THENCE SOUTH 78° 09' 50" WEST 68.29 FEET TO INTERSECTION WITH THE WEST LINE OF SAID SECTION 2 AND THE TERMINUS OF SAID LINE; EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TI -IE SOUTHWEST'/ OF THE NORTHWEST' VI OF SAID SECTION; THENCE NORTH 89° 16' 32" WEST. ALONG THE EAST - WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02° 40' 47" EAST 53.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 02° 40' 47" EAST 68.04 FEET; THENCE NORTH 20° 24' 53" EAST 88.72 FEET; THENCE NORTH 49° 07' 02" EAST 82.00 FEET TO THE INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40° 52' 58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49° 07' 02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG AN ARC OF SAID CURVE, CONCAVE TO THE SOUTHWEST, 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH RADIAL CENTER BEARS SOUTH 84° 31' 00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89° 16' 32" WEST 190.00 FEET TO THE TRUE POINT OF BEGINNING; AND EXCEPT ROADS; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR ROAD RIGHT- OF-WAY AND STORM WATER RIGHT -OF WAY BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 9705281237; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT FOR FRAGER ROAD RIGHT-OF- WAY BY DEED RECORDED UNDER RECORDING NO. 9705281238; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-901.5: GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; EXCEPT THE SOUTH 40 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 258128; AND EXCEPT THE NORTH 22.8 FEET THEREOF TO KING COUNTY FOR ROADWAY AS RECORDED UNDER RECORDING NO. 1731274; AND EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 20F KING COUNTY, WASHINGTON; AND EXCEPT 148 • • THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; TOGETHER WITH THAT PORTION OF THE NORTHEAST 1/4 OF TI IE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF SECTION 3, (SAID POINT ALSO BEING THE NORTHWEST CORNER OF GOVERNMENT LOT 8 IN SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.); THENCE SOUTH 00°30'45" EAST ALONG THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3, A DISTANCE OF 22.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°54'02" WEST ALONG A LINE 22.8 FEET SOUTH OF AND PARALLEL TO THE EAST -WEST CENTER LINE OF SAID SECTION 3, A DISTANCE OF 711.96 FEET; THENCE SOUTH 00°25'36" EAST, A DISTANCE OF 1,264.25 FEET TO A POINT 40 FEET NORTH OF THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 89°40'00" EAST ALONG A LINE 40 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID NORTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 713.84 FEET TO THE EAST LINE OF SAID SOUTHEAST 1/4 OF SECTION 3; THENCE NORTH 00°30'45" WEST ALONG SAID EAST LINE, A DISTANCE OF 1,262.59 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THOSE PORTIONS THEREOF CONDEMNED UNDER KING COUNTY SUPERIOR COURT CAUSE NO. 47302 FOR DRAINAGE DITCHES BY THE BOARD OF COMMISSIONERS OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, WASHINGTON; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF KENT BY DEED RECORDED UNDER RECORDING NO. 9705231403; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9092: THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 3, TURNING THENCE SOUTH 89° 11' 06" WEST ALONG THE NORTH LINE OF THE SOUTHEAST 'A OF SAID SECTION 3, A DISTANCE OF 723.80 FEET; THENCE SOUTH 01° 11' 00" EAST 30 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01° 11' 00" EAST 300 FEET; THENCE SOUTH 89° 11' 06" WEST, PARALLEL WITH SAID NORTH LINE, 220 FEET; THENCE NORTH 01° 11' 00" WEST 300 FEET TO THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SOUTHEAST 'A; THENCE NORTH 89° 11' 06" EAST 220 FEET TO THE TRUE POINT OF BEGINNING; SITUATE 1N THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9093: 1dq • • THAT PORTION OF SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 30 FEET SOUTH AND 723.80 FEET WEST OF THE NORTHEAST CORNER OF SOUTHEAST 1/4; THENCE SOUTH TO THE NORTH LINE OF SOUTH 204TH STREET; THENCE WEST 746 FEET; THENCE NORTH TO APOINT 527.5 FEET SOUTH OF THE NORTH LINE; THENCE WEST TO ORILLIA ROAD SOUTH; THENCE NORTHERLY ALONG ROAD TO A POINT 30 FEET SOU"I'H OF THE NORTH LINE OF SOUTHEAST 1/4; THENCE EAST TO BEGINNING; EXCEPT THE NORTH 300 FEET OF THE EAST 220 FEET THEREOF, AND EXCEPT THAT PORTION, BEGINNING 398.4 FEET NORTH OF THE SOUTHWEST CORNER THEREOF;THENCE NORTH 424.1 FEET; THENCE EAST 150 FEET; THENCE SOUTH 424.1 FEET; THENCE WEST 150 FEET TO BEGINNING, AND EXCEPT THAT PORTION, BEGINNING 1,565.30 FEET WEST AND 385.52 FEET SOUTH OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 89°11'06" EAST 120 FEET; THENCE NORTHEASTERLY 138 FEET TO A POINT 284 FEET SOUTH AND 1,340.72 FEET WEST OF THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 01°11'00" WEST 284 FEET; THENCE WEST TO THE EASTERLY LINE OF ORILLIA ROAD SOUTH; THENCE SOUTHERLY ALONG ROAD TO A POINT NORTH OF BEGINNING; THENCE SOUTH TO BEGINNING; AND EXCEPT ROAD; AND EXCEPT DITCH; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9056: TIIE NORTHEASTERLY 424.1 FEET OF THE SOUTHERLY 822.5 FEET OF THE WEST 150 FEET OF THAT PORTION OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 412.5 FEET SOUTH AND 1,930.5 FEET EAST FROM THE NORTHWEST CORNER OF THE SOUTHEAST %4 OF SAID SECTION 3; THENCE SOUTH 875 FEET, MORE OR LESS, TO THE NORTH MARGINAL LINE OF THE ROAD; THENCE WEST 746 FEET; THENCE NORTH 875 FEET, MORE OR LESS, TO A POINT WHICH IS WEST OF THE POINT OF BEGINNING; THENCE EAST 746 FEET TO THE POINT OF BEGINNING; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 30 FEET IN WIDTH, THE CENTERLINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED MAIN TRACT WHICH IS 527.5 FEET SOUTH AND 1,184.5 FEET EAST OF THE NORTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 3;THENCE WEST 226 FEET TO THE EASTERLY MARGIN OF 51ST PLACE SOUTH ORILLA ROAD SOUTH" AND THE TERMINUS OF SAID LINE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9052: THAT PORTION OF THE NORTH HALF OF THE SOUTHEAST 1/4 OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W. M., DESCRIBED AS FOLLOWS: 150 • • BEGINNING AT A POINT SOUTH 89° 11' 16" WEST 1,565.30 FEET AND SOUTH 0l° 11' 00" EAST 385.52 FEET OF THE EAST QUARTER CORNER; THENCE NORTH 01° 11' 00" WEST 171.01 FEET; THENCE NORTH 10° 39' 06" EAST 137.87 FEET; THENCE NORTH 46° 52' 13" EAST 73.354 FEET; THENCE NORTH 89° 11' 06" EAST 144 FEET, MORE OR LESS, TO A POINT WHICH IS SOUTH 89° 11' 06" WEST 1,340.72 FEET AND SOUTH 01° 11' 00" EAST 30 FEET FROM EAST QUARTER CORNER; THENCE SOUTH 01° 11' 00" EAST 254 FEET; THENCE SOUTHWESTERLY 138 FEET TO A POINT 120 FEET EAST OF THE POINT OF BEGINNING; THENCE SOUTH 89° 11' 06" WEST 120 FEET TO THE POINT OF BEGINNING; EXCEPT PORTION FOR ORILLIA ROAD AND SOUTH 200TH STREET AS DEEDED, CONDEMNED, OR ESTABLISHED BY EASEMENT AS OF AUGUST 1, 1999; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9036: THAT PORTION OF GOVERNMENT LOT 10 IN SECTION 2, TOWNSHIP 22 NORTH; RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING ON THE WEST LINE OF SAID SECTION AT A POINT SOUTH 01° 55' 10" EAST 812.83 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH 37° 42' 25" EAST 12.78 FEET; THENCE SOUTH 42° 49' 45" EAST 193.04 FEET; THENCE SOUTH 30° 11' 35" WEST 85.52 FEET; THENCE NORTH 58° 59' 10" WET 104.89 FEET TO THE WEST LINE OF SAID SECTION 2; THENCE NORTH 01° 55' 10" WEST 150.65 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL 022204-9061 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.; THENCE NORTH 89°16'32" WEST, ALONG THE EAST -WEST CENTERLINE OF SAID SECTION, 458.30 FEET; THENCE NORTH 02°40'47" EAST 53.72 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 02°40'47" EAST 68.04 FEET; THENCE NORTH 20°24'53" EAST 88.72 FEET; THENCE NORTH 49°07'02" EAST 82.00 FEET TO AN INTERSECTION WITH THE SOUTHWESTERLY MARGIN OF FRAGER ROAD; THENCE SOUTH 40°52'58" EAST, ALONG SAID SOUTHWESTERLY MARGIN, 117.97 FEET TO A POINT ON A CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 49°07'02" WEST 798.51 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHWEST 93.58 FEET TO A POINT ON A NON -TANGENT CURVE FROM WHICH THE RADIAL CENTER BEARS SOUTH 84°31'00" WEST 40.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE CONCAVE TO THE NORTHWEST, 67.17 FEET; THENCE NORTH 89°16'32" WEST 190.00 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 151 • • PARCEL 032204-9049 THOSE CERTAIN 30 AND 40 FOOT STRIP(S) LYING WITHIN THE SOUTHEAST '/a OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., AS CONDEMNED ON OCTOBER 7, 1905, FOR DRAINAGE DITCH RIGHT-OF-WAY, FOR TIIE BENEFIT OF DRAINAGE DISTRICT NO. 2 OF KING COUNTY, IN KING COUNTY SUPERIOR COURT CAUSE NO. 47302; SITUATE IN THE CITY OF' KENT, COUNTY OF KING, STATE OF WASHINGTON. PARCEL 032204-9062: PARCEL A: THAT PORTION OF THE NORTHWEST QUARTER OF TIIE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE SOUTHEAST CORNER OF SAID SECTION 3, SAID PIPE BEING 335.00 FEET EASTERLY FROM A CONCRETE MONUMENT; THENCE NORTH, ALONG THE EAST LINE OF SAID SECTION 3, 2,139.83 FEET; THENCE WEST, AT RIGHT ANGLES TO SAID EAST LINE, 1,472.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 88°57'43" WEST, 234.57 FEET; THENCE SOUTH 27°37'40" WEST, 264.86 FEET; THENCE SOUTH 48°11'25" WEST, 269.46 FEET; THENCE SOUTH 51°58'10" EAST, 310.00 FEET, MORE OR LESS, TO THE INTERSECTION WITH THE NORTHERLY LINE OF A COUNTY ROAD (ALLEN CLARK ROAD NO. 665); THENCE EASTERLY, SOUTHERLY, EASTERLY ALONG NORTHERLY, EASTERLY AND NORTHERLY LINE OF SAID COUNTY ROAD, TO A POINT, WHICH BEARS SOUTH 0°13'04" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 0°13'04" EAST, 760.00 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLUA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; ALSO EXCEPT THAT PORTION THEREOF, LYING EAST OF A LINE 1,184.50 FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; ALSO EXCEPT THAT PORTION THEREOF, LYING NORTH OF A LINE 412.50 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); TOGETHER WITH THAT PORTION OF VACATED SOUTH 204TH STREET ADJOINING, PURSUANT TO KING COUNTY ORDINANCE 3430, AS RECORDED UNDER RECORDING NO. 7710120661, RECORDS OF KING COUNTY, AS WOULD ATTACHED TO SAID PROPERTY BY OPERATION OF LAW; - 152 • • PARCEL B: THAT PORTION OF TIIE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., LYING SOUTHERLY OF A TRACT OF LAND DEEDED TO CHARLES N. ANDERSON AND LOUISE ANNA ANDERSON RECORDED UNDER RECORDING NO. 4738153, EASTERLY OF ORILLIA ROAD AND WESTERLY OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); EXCEPT THAT PORTION THEREOF CONDEMNED FOR ROAD IN KING COUNTY SUPERIOR COURT CAUSE NO. 653033; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO THE COUNTY OF KING FOR ORILLIA ROAD SOUTH BY DEED RECORDED UNDER RECORDING NO. 5975360; AND EXCEPT THAT PORTION THEREOF, LYING SOUTH OF THE NORTH LINE OF SOUTH 204TH STREET (ALLEN CLARK ROAD NO. 665); SITUATE IN TIIE COUNTY OF KING, STATE OF WASHINGTON. 153 Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas NE o . Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District zoning EXHIBIT 3 Annexation Area Zoning ir H:IPUWNINGIComp Plan & Zone Amend11010 oorkrone amendlEstab Tuk south overlay dist letter tme.mnd Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center CIU Commercial Light Industrial TVS Tukwila Valley South LI Light Industrial HI Heavy Industrial Overlays and Sub Areas on I. Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District COMPREHENSIVE PLAN DESIGNATIONS EXHIBIT 4 Establish Tukwila South Annexation Area Zoning ir w r= 3 fRES H:IPUWNINGIComp Plan & Zone Amend12010 com_zone amendlEstab Tuk south overlay dist letter tine • Citi of 5 u1 wi( W Department Of Community Development AFFIDAVIT OF DISTRIBUTION 1, Teri Svedahl HEREBY DECLARE THAT: X Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Project Number: PL10-029 Board of Appeals Agenda Packet Mailer's signature: Notice of Action // Planning Commission Agenda Packet v it"/K___ Official Notice Short Subdivision Agenda Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this O day of August in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Tukwila South Overlay District / Underlying Zoning Project Number: PL10-029 Mailing requested by: Rebecca ox A Mailer's signature: ✓ // /i Q ja v it"/K___ W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice of Hearing Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River e uc}- q • File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan dsignation for the property recently, annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS)., and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testi- mony from the public. Afterwards, the Planning Commission recommended approving the request. Public Hearing —September 13, 2010: You are invited to comment on the zoning recommenda- tion at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : Theplications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd,Suite #100, Tukwila, WA. Persons who wish to com- ment may do so in writing, or by speaking at te hearing. Written comments may be delivered to the City Clerk's office, Tukwila City Hall, 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Hearing Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan dsignation for the property recently, annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS)., and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testi- mony from the public. Afterwards, the Planning Commission recommended approving the request. Public Hearing —September 13, 2010: You are invited to comment on the zoning recommenda- tion at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : The applications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd Suite # 100 Tukwila, WA. Persons who wish to com- ment may do so in writing, or by speaking at the hearing. Written comments may be delivered to the City Clerk's office, Tukwila City Hall, 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receiving this notice because you are a property owner or tenant within 500f1 of this project. City of Tukwila Notice of Hearing Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River - File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan dsignation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (IMO), and Tukwila Valley South (TVS)., and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testi- mony from the public. Afterwards, the Planning Commission recommended approving the request. Public Hearing —September 13, 2010: You are invited to comment on the zoning recommenda- tion at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : Theplications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd Suite #100, Tukwila, WA. Persons who wish to com- ment may do so in writing, or by speaking at the hearing. Written comments may be delivered to the City Clerk's office, Tukwila City Hall, 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Hearing Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 or rfox@ci.tukwila.wa.us Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan dsignation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS)., and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. The City of Tukwila Planning Commission held a public hearing on July 22, 2010 to take testi- mony from the public. Afterwards, the Planning Commission recommended approving the request. Public Hearing —September 13, 2010: You are invited to comment on the zoning recommenda- tion at a public hearing on September 13, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. After hearing from the public, the City Council will take action to adopt as is, modify or reject the recommendation. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Comments : Theplications may be reviewed at the City of Tukwila, Department of Community Development (DCD), 6300 Southcenter Blvd,Suite # 100 Tukwila, WA. Persons who wish to com- • ment may do so in writing, or by speakingat te hearing. Written comments may be delivered to the City Clerk's office, Tukwila City Hall, 6200 Southcenter Blvd., Tukwila prior to 5:OOpm on Sep- tember 13, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. NAME MARKET CONTRACTORS LTD ST MULTI 2 LLC BELVIA INVESTMENTS L L C IBEX REALTY LLC 196TH CORRIDOR LLC THOMPSON,DOUGLAS D BAUER,ROBERT N GWI REALTY LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER STRENG,HEINZ & RENATE COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER DICKSON BROTHERS LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KENT CITY OF BILLY,LAURA MAE ADDRESS 10250 NE MARX ST 11624 SE 5TH ST 200 14719 173RD AVE NE 14900 INTERURBAN AVE S 210 14900 INTERURBAN AVE S 210 15018 SE 224TH ST 15045 SE 296TH ST 18700 SOUTHCENTER PKWY 18791 SOUTHCENTER PKWY 18801 57TH AVE S 19000 57TH AVE S 19018 62ND AVE S 19039 62ND AVE S 19212 FRAGER RD S 19221 62ND AVE S 19241 62ND AVE S 19311 RICHMOND BEACH DR NW 19710 58TH PL S 19713 58TH PL S 19805 ORILLIA RD S 19809 ORILLIA RD S 19823 58TH PL S 19835 ORILLIA RD S 20025 RUSSELL RD S 20119 59TH PL S 20123 ORILLIA RD S 20205 59TH PL S 20230 ORILLIA RD S 20301 59TH PL S 20431 FRAGER RD S 20453 ORILLIA RD S 220 4TH AVE S 22232 196TH AVE SE CITY PORTLAN D BELLEVUE WOODINVILLE TUKWILA TUKWILA KENT KENT TUKWILA TUKWILA TUKWILA SEATTLE KENT KENT KENT KENT KENT SHORELINE KENT KENT KENT KENT KENT KENT SEATTLE KENT KENT KENT KENT KENT KENT SEATTLE KENT RENTON ST OR WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA ZIP 97220 98005 98072 98168 98168 98042 98042 98188 98188 98188 98188 98032 98032 98032 98032 98032 98177 98032 98032 98032 98032 98032 98032 98195 98032 98032 98032 98032 98032 98032 98198 98032 98058 INVESCO REALTY ADVISORS LZ VENTURES LLC GREGORY REAL ESTATE TWO LLC BUCK,RICHARD L & ELIZABETH P ROBBINS HOLDINGS LLC CRAMER,H WILLIAM COLUCCIO,TERI COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KING COUNTY KING COUNTY LA PIANTA L L C COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER CCAS PROPERTY & CONST ANDERSON,JAMES T & BILLY LAURA MAE M & P COMPANY BRISCOE HILL LLC 2235 FARADAY AVE 0 24 ROY ST 188 24416 249TH AVE SE 24601 SE 220TH ST 29100 HALL ST 3920 50TH AVE NE 4059 S 188TH ST 4301 S 200TH ST 4411 S 200TH ST 4417 S 200TH ST 4420 S 200TH ST 4503 S 204TH ST 4515 S 200TH ST 4655 S 200TH ST 500 4TH AVE 500 K C ADMIN BLDG 5811 SEGALE PARK DRIVE C 5820 S 194TH ST 5844 S 194TH ST 5851 S 194TH ST 5858 S 194TH ST 5862 S 194TH ST 5866 S 194TH ST 5869 S 194TH ST 5872 S 194TH ST 5900 S 190TH ST 5920 S 194TH ST 6013 S 194TH ST 6020 S 190TH ST 6040 S 194TH ST 710 9TH AVE 920 8TH ST NE PO BOX 1083 PO BOX 1305 CARLSBAD SEATTLE MAPLE VALLEY MAPLE VALLEY SOLON SEATTLE SEATAC KENT KENT KENT KENT KENT KENT KENT SEATTLE SEATTLE TUKWILA KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT SEATTLE AUBURN EDMONDS SEAHURST CA WA WA WA OH WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA 92008 98109 98038 98038 44139 98105 98188 98032 98032 98032 98032 98032 98032 98032 98104 98104 98188 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98104 98002 98020 98062 PITTENGER,FRED W HERCHE,THOMAS F RIVERS EDGE BUSINESS PARK KOYAMATSU,P K NEW TESTAMENT CHURCH PCS PROPERTIES LLC PCS PROPERTIES LLC LA PIANTA LLC LA TERRA LTD PARTNERSHIP GWI REALTY L L C MITCHELL MOVING & STORAGE PO BOX 13303 PO BOX 3837 PO BOX 50584 PO BOX 58046 PO BOX 6493 PO BOX 700 PO BOX 700 PO BOX 88028 PO BOX 88028 PO BOX 88698 PO BOX 88728 DES MOINES SEATTLE BELLEVUE TUKWILA KENT MERCER ISLAND MERCER ISLAND TUKWILA TUKWILA SEATTLE TUKWILA WA WA WA WA WA WA WA WA WA WA WA 98198 98124 98015 98135 98064 98040 98040 98138 98188 98138 98138 • • • City of Tukwila Jim Haggerton, Mayor Department of Community Development Jack Pace, Director CHAIR, BILL ARTHUR, VICE -CHAIR, MARGARET BRATCHER, COMMISSIONERS, GEORGE MAUNA, LYNN PETERSON, BROOKE ALFORD, THOMAS MCLEOD AND LOUISE STRANDER PLANNING COMMISSION PUBLIC HEARING JULY 22, 2010 - 6:30 PM TUKWILA CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER II. ATTENDANCE III. ADOPTION OF 06-24-10 MINUTES IV. FILE NUMBER: L09-064 APPLICANT: Wooden LLC REQUEST: Amend Comprehensive Plan designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax#1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax#3351400005). LOCATION: 3914 S. 115th St., Tukwila, WA 98188 V. FILE NUMBER: L09-065 APPLICANT: Wooden LLC REQUEST: Amend Zoning Map designation on two lots, including 1) from Manufacturing/Industrial Center -Light (MIC -L) to Office (Tax#1023049072); and 2) Low Density Residential (LDR) to Office (0) (Tax#3351400005). LOCATION: 3914 S. 115th St., Tukwila, WA 98188 VI. FILE NUMBER: L09-067 APPLICANT: Macadam LLC REQUEST: Amend Comprehensive Plan designation from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133rd St., Tukwila, WA VII. FILE NUMBER: L10-002 APPLICANT: Macadam LLC REQUEST: Amend Zoning Map designation from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) (Tax# 2613200131). LOCATION: 4300 S. 133rd St., Tukwila, WA Page 1 of 2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 HEARING DATE: NOTIFICATION: FILE NUMBER: APPLICANT: REQUEST: LOCATION: COMPREHENSIVE PLAN DESIGNATION: STAFF REPORT TO THE PLANNING COMMISSION July 22, 2010 Notice mailed to surrounding properties, 7/7/10 Notice published in the Seattle Times, 7/8/10 L 10-034(Rezone) City of Tukwila Establish underlying zoning in the Tukwila South Annexation area that is consistent with the Comprehensive Plan designation Tukwila South Annexation Area ( Approximately 259 acres generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) Low Density Residential (LDR), Mixed Use Office (MUO), Tukwila Valley South (TVS) ZONE DESIGNATION: None SEPA DETERMINATION: Determination of Non -significance (DNS), July 21, 2010 STAFF: ATTACHMENTS: Rebecca Fox A. Application #L10 -034 --Zoning Map Change B. Minutes—City Council Regular Meeting(July 6, 2010) C. Zoning map Rf 1 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Tukwila.South.doc FINDINGS Background and Project Description The annexation of the Tukwila South Project Area in 2009 inadvertently created an inconsistency between the Comprehensive Plan Land Use map and the zoning map. Staff requests that this "housekeeping" matter be corrected through a zoning map change. No Comprehensive Plan amendment is required. This inconsistency and the need to correct it surfaced after the deadline for submitting Comprehensive Plan amendment/Rezone applications had passed. TMC 18.80.020.2 allows an emergency amendment to be filed after the standard application deadline to "Support the social, economic or environmental well-being of the City." In this case, correcting the establishing zoning will permit the City's zoning and Comprehensive Plan to be consistent as required. Background: In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Requirement for consistency between Comprehensive Plan land use map and zoning map: Tukwila's Comprehensive Plan land use map and its zoning map are supposed to be identical. For example, if the Comprehensive Plan land use map specifies "Low Density Residential" (LDR) for a site, then the zoning map also will specify "Low Density Residential" (LDR). In certain cases where an area has specific development goals, an overlay zoning district with specialized development requirements may apply, usually subject to specific conditions. The basic ("underlying") zoning and Comprehensive Plan designations are in place, but a supplemental zoning overlay will apply if certain conditions are met. Rf 2 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Tukwila.South.doc Issue: The City Attorney has indicated that the Annexation Ordinance (# 2241) established the Tukwila South overlay zone as the applicable zoning for the annexed area. An overlay is used to establish zoning under certain circumstances, but it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay Zone applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone, but the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map. In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233, The Community Affairs and Parks Committee was briefed on June 14, 2010 and the issue was forwarded to the City Council. After taking comments at a public meeting on June 28, 2010, the City Council deliberated on July 6, 2010, and forwarded the issue to the Planning Commission for review. (Attachment C) Vicinity/Site Information Site: Tukwila South Annexation Area --Approximately 259 acres in the southern portion of the Tukwila South project area, generally located south of South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east. FILE #L09-002 -- ZONING MAP AMENDMENT/REZONE REZONE CRITERIA: 1. The proposed amendment to the zoning map is consistent with the goals, objectives and policies of the Comprehensive Plan The Washington State Growth Management Act (1990) requires that the City of Tukwila adopt development regulations including zoning that are consistent with and implement the Comprehensive Plan. The proposed rezone adopts zoning in the Tukwila South Annexation Area This action makes zoning in the Tukwila South Annexation Area consistent with established Comprehensive Plan, as required by Ordinance #1758. 2. The proposed amendment to the Zoning Map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for.. The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the new zoning consistent with established Comprehensive Plan designations. The current Comprehensive Plan designation and the proposed underlying zoning in the Rf 3 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Tukwila.South.doc Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). 3. There are changed conditions since the previous zoning became effective to warrant the proposed amendment to the Zoning Map Conditions have changed because the subject area was recently annexed into the City of Tukwila, and through oversight, did not receive zoning that is consistent with the pre-existing Comprehensive Plan designation. Comprehensive Plan designations were established when the area was in Tukwila's Potential Annexation Area (PAA) and was still under King County's jurisdiction. Inadvertently, zoning that is consistent with these Comprehensive Plan designations was not adopted at the time of its annexation to Tukwila. Instead, a supplemental zoning overlay ("Tukwila South Overlay District") was established as the zoning for the entire Tukwila South project area, including the newly -annexed area. The proposed rezone corrects this error. 4. The proposed amendment to the Zoning Map will be in the interest and furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhoods, nor be injurious to other propertiesin the vicinity in which the subject property is located The Zoning map and Comprehensive Land Use Plan map categories must be the same. This map change makes underlying zoning for recently -annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area, as is required. ZONING MAP AMENDMENT CONCLUSIONS 1) Consistency with Comprehensive Plan: • Comprehensive Plan and zoning classifications must be consistent. • Adopting Low Density Residential (LDR), Mixed Used Office (MUO) and Tukwila Valley South (TVS) zoning in the Tukwila South annexation area will make zoning consistent with the existing Comprehensive Plan designations as required. 2) Consistency with Zone: • The proposed zoning is the same as the existing Comprehensive Plan designation. There is no change. 3) Changed conditions: • The Tukwila South Annexation Area recently became part of the City of Tukwila without establishing underlying zoning being established that is in line with the existing Comprehensive Plan designations. Rf 4 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Tukwila.South.doc • Although supplemental zoning and development regulations were established ("Tukwila South Overlay District"), underlying zoning is still required. 4) Community interest: • Zoning that is consistent with the Comprehensive Plan is a requirement of the Washington Growth Management Act, and Tukwila Ordinance #1750 that adopts the Zoning Code. ZONING—RECOMMENDATION: Recommendation: Staff recommends the following to correct the inconsistency: Establish "underlying" zoning that is the same as the Comprehensive Plan designations within the Tukwila South Master Plan area that was annexed to the City of Tukwila per Ordinance #2241. Rf 5 07/15/2010 W:\Users\Minnie\Minnie--PC Staff Reports\PC.Staff.Rpt.Tukwila.South.doc CITY OF TUKWILA Department of Community Development T� 6300 Southcenter Boulevard, Tukwila, WA 98 8 . 33 MENDMENTS Telephone: (206) 431-3670 FAX (206) 431-3.." E-mail: tukplan@ci.tukwila.wa.us OTACHMENT A g1d01' ;ranwwoo VI ()IllrioNING CODE APPLICATION NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Tukwila South Annexation Area ( Approximately 259 acres generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). _PARCEL # 352304-9050, PARCEL #352305-9078, PARCEL #352304-9041, PARCEL #352304-9117, PARCEL #022204-9037, PARCEL # 022204-9040, # 022204-9033, #352304-9016, #022204-9008, #352304-9066, 11352304- 9065, #022204-9043, #022204-9057, #032204-9047, , 11032204-9106, #023900-0352, #032204-9100, #032204- 9106, #032204-9006, 11032204-9090, 11022204-9011, 11022204-9015, 11032204-9092, #032204-9093, 11032204- 9056, 11032204-9052, #022204-9036, #022204- 9061 Attachment A DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: Rebecca Fox File Number: L10-035 Application Complete (Date:. 6/8/10 ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. Tukwila South Annexation Area ( Approximately 259 acres generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). _PARCEL # 352304-9050, PARCEL #352305-9078, PARCEL #352304-9041, PARCEL #352304-9117, PARCEL #022204-9037, PARCEL # 022204-9040, # 022204-9033, #352304-9016, #022204-9008, #352304-9066, 11352304- 9065, #022204-9043, #022204-9057, #032204-9047, , 11032204-9106, #023900-0352, #032204-9100, #032204- 9106, #032204-9006, 11032204-9090, 11022204-9011, 11022204-9015, 11032204-9092, #032204-9093, 11032204- 9056, 11032204-9052, #022204-9036, #022204- 9061 Attachment A DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc • • is the primary contact with the City, to whom all notices and reports will be sent. Name: Rebecca -Fox, Senior Planner Address: City of Tukwila, 6300 Southcenter Boulevard, Tukwila, WA 98188 Phone: 206-431-3683 FAX: 206-431-3665 E-mail: rfox@ci.tuk ia.wa.us Signature: 'fit-�",' Date: 6/7/10 H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc 1 • A. COMPREHENSIVE PLAN DESIGNATION: Existing: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) Proposed: (No change. Same as above.) B. ZONING DESIGNATION: Existing: No underlying zoning at present. Proposed: Tukwila Valley South (TVS), Low Density Residential (LDR), Mixed Use Office (MUO) as consistent with Comprehensive Plan designation C. LAND USE(S): Existing: _Varies Proposed: _Urban Mixed Use Development, including campus -type research and office environments and districts H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc STATE OF WASHINGTON 1 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY ss COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or y agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consen 4. Owner grants the City, its employees, agents, engineers, contra ors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited ti a necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss .r damage to persons or property occurring on the private property during the City's entry upon the pro. , unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information •-quest for ninety (90) or more days, shall be cause to cancel the application(s) without refund of fees. EXECUTED at (city), (state), on , 20 rint Name Address Phone Number Signature On this day pe .nally appeared before me to me known to be the individual who executed the egoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purpos-. mentioned therein. SUBS IBED AND SWORN TO BEFORE ME ON THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington residing at My Commission expires on H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc 1 ZONING CODE AMENDMENT CRITERIA The burden of proof to demonstrate that a change to the Comprehensive Plan or Zoning Code is warranted lies solely upon the proponent. The greater the degree of change proposed, the greater will be the burden of showing that the change is justified. The Planning Commission and the City Council will review your proposal using the criteria listed below. It is essential that you describe in a clear and precise manner why the amendment request should be approved. Attach additional sheet(s) with your responses to each criterion. You may submit other documentation in support of your proposal. A. ZONING AMENDMENT CRITERIA (TMC 18.84.030) Demonstrate how each of the following circumstances justifies a rezone of your property or a change in the existing Zoning Code. Each determination granting a rezone shall be supported by written findings and conclusions showing specifically wherein all of the following conditions exist: (1) That the proposed amendment to the zoning map is consistent with the goals, objectives, and policies of the comprehensive plan; The proposed rezone establishes zoning in the Tukwila South Annexation Area that was annexed to the City of Tukwila without underlying zoning. This action makes underlying zoning in the Tukwila South Annexation Area consistent with established Comprehensive . Plan designations in the same area. (2) That the proposed amendment to the zoning map is consistent with the scope and purpose of this title and the description and purpose of the zone classification applied for; The proposed amendment to the zoning map establishes zoning in an area that was annexed without underlying zoning, and makes the zoning consistent with established Comprehensive Plan designations. Supplemental zoning and development regulations for the area are addressed via the Tukwila South Overlay district zone (TMC 18.41). Current Comprehensive Plan designation and the proposed underlying zoning in the Tukwila South Annexation Area are: Low Density Residential (LDR), Mixed Use Office (MUO) and Tukwila Valley South (TVS). H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc (3) That there are changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map; In 2009, the Tukwila City Council adopted several ordinances that pertain to the Tukwila South Project. These included: 1) a development agreement with La Pianta, Inc. setting forth conditions for development in the Tukwila South area (Ordinance #2233); 2) an ordinance that adopted the Tukwila South Master Plan (Ordinance #2234) ; and 3) an ordinance that established the Tukwila South Overlay district, with development and design standards for the area (Ordinance #2235). Ordinance #2241 annexed the Tukwila South Project Property to Tukwila and established its zoning. These ordinances state that the Tukwila South property shall be subject to the Comprehensive Plan, Tukwila South Master Plan, and Tukwila South Overlay District zoning regulations as set forth in the Tukwila South Project Development Agreement, adopted in Ordinance #2233. Ordinance #2233 also states that the ordinances pertaining to the Development Agreement shall expire if the Development Agreement terminates prior to the expiration of its term. Annexation Ordinance (# 2241) established the Tukwila South Overlay district as the applicable zoning for the annexed area. However, although an overlay is used to establish zoning under certain circumstances, it does not replace the underlying zoning. When the property was annexed, the designated underlying zoning was not established. The Tukwila South Overlay district applies to the entire Tukwila South Master Plan Area. Some of that area was already within Tukwila's city limits and had an underlying zone while the annexed area had no underlying zoning. This creates an inconsistency between the Comprehensive Plan map and the zoning map. The underlying zoning should match the Comprehensive Plan map In addition, the area could be left without zoning in the event that the Tukwila South Development Agreement is terminated before its term, as described in Ordinance #2233. Zoning, consistent with the existing Comprehensive Plan designations, is required, and must be established. and 4) That the proposed amendment to the zoning map will be in the interest of furtherance of the public health, safety, comfort, convenience and general welfare, and will not adversely affect the surrounding neighborhood, nor be injurious to other properties in the vicinity in which the subject property is located. H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc IIP • The Zoning map and Comprehensive Land Use Plan map must be consistent. This map change makes underlying zoning for recently - annexed land consistent with its Comprehensive Plan designations in the Tukwila South project area. H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc w Tukwila City Council Regular Meeting Minutes July 6, 2010 fACHNENT B Page 3 of 6 2. A resolution declaring two aged and obsolete Fire Department Amkus Rescue Systems and accessory equipment surplus and authorizing their donation. MOVED BY QUINN, SECONDED BY SEAL THAT THE PROPOSED RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed resolution by title only. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DECLARING TWO AGED AND OBSOLETE AMKUS RESCUE SYSTEMS AND ACCESSORY EQUIPMENT SURPLUS, AND AUTHORIZING THEIR DONATION. MOVED BY QUINN, SECONDED BY DUFFIE THAT THE PROPOSED RESOLUTION BE ADOPTED AS READ. MOTION CARRIED 6-0 TO ADOPT RESOLUTION NUMBER 1720. 2010 Comprehensive Plan Amendments. (The Council may: • Refer the proposal as is to the Planning Commission for further review; or • Modify the proposal and refer to the Planning Commission for further review; or • Defer consideration until a later time to get more information; or • Reject the proposal.) MOVED BY ROBERTSON, SECONDED BY DUFFIE TO REFER THE PROPOSAL AS IS TO THE PLANNING COMMISSION FOR FURTHER REVIEW AND A RECOMMENDATION.* Frank Firmani, 2400 NW 80TH Street, #162, in Seattle, explained he is confident they can work proactively with neighbors and the Friends of the Duwamish during the planning process. Mayor Haggerton asked if he is speaking in favor of the motion, and Mr. Firmani responded in the affirmative. OTION CARRIED 6-0. c. Noise ReguTatmns: 1. An ordinance updating regulations relating to noise as codified at Tukwila Municipal Code Chapter 8.22 to clarify definitions, requirements and enforcement and repealing Ordinance No. 2002. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Christy O'Flaherty, City Clerk, read the proposed ordinance by title only., AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, UPDATING REGULATIONS RELATING TO NOISE, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 8.22, "NOISE," TO CLARIFY DEFINITIONS, REQUIREMENTS AND ENFORCEMENT; REPEALING ORDINANCE NO. 2002; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE PROPOSED ORDINANCE BE ADOPTED AS READ. MOTION CARRIED 6-0 TO ADOPT ORDINANCE NUMBER 2293. 2. An ordinance amending the Zoning Code to reflect changes based on new noise regulations. MOVED BY DUFFIE, SECONDED BY HERNANDEZ THAT THE ORDINANCE RESOLUTION BE READ BY TITLE ONLY. MOTION CARRIED 6-0. Attachment B • STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 - 14F Avenue SW • PO Box 42525 • Olympia, Washirrgton 98504-2525 • (360725-4000 July 8, 2010 Rebecca Fox Senior Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Ms. Fox: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural requirement. City of Tukwila - Proposed 60 -Day notice to consider comprehensive plan amendments and rezones. These materials were received on July 06, 2010 and processed with the Material ID # 15858. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please call me at 360.725.3056. Sincerely, Blida WeyE fnn Ike Nwankwo Technical & Financial Assistance Manager Growth Management Services • Cita Department Of Community AFFIDAVIT of J uI u thi _ Development OF DISTRIBUTION I, _Teri Svedahl HEREBY DECLARE THAT: Project Name: Tukwila South Annexation Underlying Zoning Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting cl‘LLer Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda X Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this _7 day of July in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Tukwila South Annexation Underlying Zoning Project Number: L10-035% Mailing requested by: Rebe ca F Mailer's signature: cl‘LLer W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC City of Tukwila Notice of Application Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & I-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS), and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Public Hearing—July 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Counc Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Environmental Review/SEPA—Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact statements that addressed future development in the Tukwila South project area. (File # E04-015 and #E05- 015) No additional environmental review will be prepared to establish underlying zoning consis- tent with the existing Comprehensive Plan designation for the recently annexed portion of the Tukwila South project area. Comments : The files may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100, Tukwila,WA. We request your written comments on the project and they can be delivered to DCH 6300 outhcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & I-5 and the Green River File #--L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS)„ and the proposed zoning distracts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Public Hearing–duly 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila PlanningCommission, located in the City Counc Chambers at 6200 Southcenter Boulevard, Tukwila, VIA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Environmental Review/SEPA—Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact statements that addressed future development in the Tukwila South project area. (File # E04-015 and #E05- 015) No additional environmental review will be prepared to establish underlying zoning consis- tent with the existing Comprehensive Plan designation for the recently annexed portion of the Tukwila South project area. Comments : The files may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd # 100 Tukwila,WA. We requestyour written comments on the project and they can be delivered to DCD, 6300 outhcenter Blvd., te 100. Comments must be received by 5:00pm on June 21, 2010. City of Tukwila Notice of Application - Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & I-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (IMO), and Tukwila Valley South(TVS)., and the proposed zoning distncts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Public Hearing—July 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, Mr.A, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Environmental Review/SEPA—Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact statements that addressed future development in the Tukwila South project area. (File # E04-015 and #E05- 015) No additional environmental review will be prepared to establish underlying zoning consis- tent with the existing Comprehensive Plan designation for the recently annexed portion of th Tukwila South project area. Comments : The files may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100 Tukwila,WA. We request your written comments on the project and they can be delivered to DCD, 6300 outhcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & I-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The exist- ing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS)„ and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Public Hearing—July 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206431-3683. Environmental Review/SEPA—Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact'statements that addressed future development in the Tukwila South project area. (File # E04-015:and #E05- 015) No additional environmental review will -be prepared to establish underlying zoning consis- tent with the existing Comprehensive Plan designation for the recently annexed portion of the Tukwila South project area. Comments : The files may be reviewed at the City of Tukwila, Department of Community Develop- ment (DCD), 6300 Southcenter Blvd #100, Tukwila,WA. We request our written comments on the project and they can be delivered to DCD, 6300 outhcenter Blvd., your 100. Comments must be received by 5:OOpm on June 21, 2010. You are receiving this notice because you are a property owner or tenant within 500ft of this project. You are receiving this notice because you are a property owner or tenant within 500ft of this project. NAME MARKET CONTRACTORS LTD ST MULTI 2 LLC BELVIA INVESTMENTS L L C IBEX REALTY LLC 196TH CORRIDOR LLC THOMPSON,DOUGLAS D BAUER,ROBERT N GWI REALTY LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY, MEMBER STRENG,HEINZ & RENATE COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER DICKSON BROTHERS LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KENT CITY OF BILLY,LAURA MAE ADDRESS 10250 NE MARX ST 11624 SE 5TH ST 200 14719 173RD AVE NE 14900 INTERURBAN AVE S 210 14900 INTERURBAN AVE S 210 15018 SE 224TH ST 15045 SE 296TH ST 18700 SOUTHCENTER PKWY 18791 SOUTHCENTER PKWY 18801 57TH AVE S 19000 57TH AVE S 19018 62ND AVE S 19039 62ND AVE S 19212 FRAGER RD S 19221 62ND AVE S 19241 62ND AVE S 19311 RICHMOND BEACH DR NW 19710 58TH PL S 19713 58TH PL S 19805 ORILLIA RD S 19809 ORILLIA RD S 19823 58TH PL S 19835 ORILLIA RD S 20025 RUSSELL RD S 20119 59TH PL S 20123 ORILLIA RD S 20205 59TH PL S 20230 ORILLIA RD S 20301 59TH PL S 20431 FRAGER RD S 20453 ORILLIA RD S 220 4TH AVE S 22232 196TH AVE SE CITY PORTLAND BELLEVUE WOODINVILLE TUKWILA TUKWILA KENT KENT TUKWILA TUKWILA TUKWILA SEATTLE KENT KENT KENT KENT KENT SHORELINE KENT KENT KENT KENT KENT KENT SEATTLE KENT KENT KENT KENT KENT KENT SEATTLE KENT RENTON ST OR WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA ZIP 97220 98005 98072 98168 98168 98042 98042 98188 98188 98188 98188 98032 98032 98032 98032 98032 98177 98032 98032 98032 98032 98032 98032 98195 98032 98032 98032 98032 98032 98032 98198 98032 98058 INVESCO REALTY ADVISORS LZ VENTURES LLC GREGORY REAL ESTATE TWO LLC BUCK,RICHARD L & ELIZABETH P ROBBINS HOLDINGS LLC CRAMER,H WILLIAM COLUCCIO,TERI COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KING COUNTY KING COUNTY LA PIANTA L L C COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER CCAS PROPERTY & CONST ANDERSON,JAMES T & BILLY LAURA MAE M & P COMPANY BRISCOE HILL LLC 2235 FARADAY AVE 0 24 ROY ST 188 24416 249TH AVE SE 24601 SE 220TH ST 29100 HALL ST 3920 50TH AVE NE 4059 S 188TH ST 4301 S 200TH ST 4411 S 200TH ST 4417 S 200TH ST 4420 S 200TH ST 4503 S 204TH ST 4515 S 200TH ST 4655 S 200TH ST 500 4TH AVE 500 K C ADMIN BLDG 5811 SEGALE PARK DRIVE C 5820 S 194TH ST 5844 S 194TH ST 5851 S 194TH ST 5858 S 194TH ST 5862 S 194TH ST 5866 S 194TH ST 5869 S 194TH ST 5872 S 194TH ST 5900 S 190TH ST 5920 S 194TH ST 6013 S 194TH ST 6020 S 190TH ST 6040 S 194TH ST 710 9TH AVE 920 8TH ST NE PO BOX 1083 PO BOX 1305 CARLSBAD SEATTLE MAPLE VALLEY MAPLE VALLEY SOLON SEATTLE SEATAC KENT KENT KENT KENT KENT KENT KENT SEATTLE SEATTLE TUKWILA KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT SEATTLE AUBURN EDMONDS SEAHURST CA WA WA WA OH WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA 92008 98109 98038 98038 44139 98105 98188 98032 98032 98032 98032 98032 98032 98032 98104 98104 98188 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98104 98002 98020 98062 PITTENGER,FRED W HERCHE,THOMAS F RIVERS EDGE BUSINESS PARK KOYAMATSU,P K NEW TESTAMENT CHURCH PCS PROPERTIES LLC PCS PROPERTIES LLC LA PIANTA LLC LA TERRA LTD PARTNERSHIP GWI REALTY L L C MITCHELL MOVING & STORAGE PO BOX 13303 PO BOX 3837 PO BOX 50584 PO BOX 58046 PO BOX 6493 PO BOX 700 PO BOX 700 PO BOX 88028 PO BOX 88028 PO BOX 88698 PO BOX 88728 DES MOINES SEATTLE BELLEVUE TUKWILA KENT MERCER ISLAND MERCER ISLAND TUKWILA TUKWILA SEATTLE TUKWILA WA WA WA WA WA WA WA WA WA WA WA 98198 98124 98015 98135 98064 98040 98040 98138 98188 98138 98138 • 1 CITY OF TUKWILA NOTICE OF APPLICATION and HEARING PROJECT INFORMATION Project Description: The proposals under consideration are the requests to amend the Comprehensive Plan designation and zoning map as follows: 1) The request pertains to two parcels generally located at 3914 S. 115 St-- Parcel 1 (Tax#1023049072), by the southeast corner of Duwamish Riverbend Hill Park , from Manufacturing/Industrial Center -Light (MIC/L) to Office (0), and Parcel 2 (Tax# 3351400005), located on west edge of the adjacent residential neighborhood, from Low Density Residential (LDR) to Office (0). (File #s L09-064 & L09-065) 2) The request is to change the current Comprehensive Plan designation and zoning from Commercial/Light Industrial (C/LI) to Medium Density Residential (MDR) on one parcel, located at 4300 S. 133rd St., Tukwila, WA (Tax # 2613200131)-- . A Type 2 stream and Type 2 wetland are located on the property. (File #s L09-067 & L10-002) 3) Amend the Zoning Map only as required to establish underlying zoning that is consistent with and identical to the already -existing Comprehensive Plan designation for the property recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Comprehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). and the proposed zoning districts are the same as the Comprehensive Plan designation. The existing supplemental Tukwila South Overlay District zoning also applies. Any potential adverse environmental impacts of establishing underlying zoning have been discussed as part of draft and final environmental impact statements that addressed future development in the Tukwila South project area. (File # E04-015 and #E05-015) No additional environmental review will be prepared to establish underlying zoning consistent with the existing Comprehensive Plan. (File #L10-035) Projects applied for include: SEPA/Environmental Review:—File#E10-013. Comprehensive Plan/Rezone: #L10-035, #L09-067 , # L10-002, # L09-064 & #L09-065 Optional DNS: Tukwila has reviewed the requests for Comprehensive Plan amendment/Rezone for probable adverse environmental impacts and expects to issue a determination of non- significance (DNS). The optional DNS process in WAC 197-11-35 is being used. This may be your only opportunity to comment on the environmental impacts of the project. If timely comments do not identify probable significant adverse impacts that were not considered by the anticipated determination the DNS will be issued without a second comment period. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared FILES AVAILABLE FOR PUBLIC REVIEW The applications are available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100. PUBLIC HEARING JULY 22, 2010 & OPPORTUNITY FOR PUBLIC COMMENT PUBLIC HEARING-- JULY 22, 2010: You are invited to comment on the request at a public hearing on July 22, 2010 at 7 p.m. before the Tukwila Planning Commission, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, information on hearings, and your appeal rights by calling 206-431-3683. Your written comments on the project are requested. They must be delivered to DCD at the address above or postmarked no later than 5 00_P MsT y'21 20101 You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact Rebecca Fox at (206) 431-3683, rfoxs@ci.tukwila.wa.us or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. SEPA Application Filed: SEPA Application Complete: 7/7/10 Notice of SEPA Application Issued: 7/7/10 at* of J ufitui?a w Department Of Community Development AFFIDAVIT OF DISTRIBUTION 1, Teri Svedahl HEREBY DECLARE THAT: Notice of Public Hearing Determination of Non -Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Rebecca Fox Short Subdivision Agenda x Notice of Application Mailer's signature: Shoreline Mgmt Permit /7/ / Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this _10 day of June in the year 2010 W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Project Name: Tukwila South Zoning Project Number: L10-035 Mailing requested by: Rebecca Fox /J Mailer's signature: / /7/ / ,IL1 i i . W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Cll*of .lug Department Of Community Development AFFIDAVIT OF DISTRIBUTION I, Teri Svedahl HEREBY DECLARE THAT: Project Name: Tukwila South Zoning Project Number: L10-035 Notice of Public Hearing Mailer's signature: i/Z727,,Z,'4//t Determination of Non -Significance Notice of Public Meeting Mitigated Determination of Non - Significance Board of Adjustment Agenda Packet Determination of Significance & Scoping Notice Board of Appeals Agenda Packet Notice of Action Planning Commission Agenda Packet Official Notice Short Subdivision Agenda x Notice of Application Shoreline Mgmt Permit Notice of Application for Shoreline Mgmt Permit _ _ FAX To Seattle Times Classifieds Mail: Gail Muller Classifieds PO Box 70 - Seattle WA 98111 Other: Was mailed to each of the addresses listed/attached on this _17 day of June in the year 2010 Mailed to: Mitchell Moving & Storage PO Box 88728, Tukwila, WA 98138-2728 Project Name: Tukwila South Zoning Project Number: L10-035 Mailing requested by: Rebecca Fox/ /7 Mailer's signature: i/Z727,,Z,'4//t W:\USERS\TERIWFFIDAVIT OF DISTRIBUTION.DOC Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River File 4--L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and the same as the already -existing Comprehensive Plan designation for the prop- erty recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Com- prehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). The proposed zoning districts are the same as the Comprehensive Plan, and include Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South. (TVS). The Tukwila South Overlay District zoning also applies. Comments : The application may be reviewed at the City of Tukwila, Department of Community Devel- opment (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written comments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 24, 2010. imPublic Meeting: You are invited to comment on the request at a public meeting scheduled for Iune 28, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, informa- tion on hearings, and your appeal rights by calling 206-431-3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and the same as the already -existing Comprehensive Plan designation for the prop- rty recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Com- prehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). The proposed zoning districts are the same as the Comprehensive Plan, and include Low Density Residential (LDR), Mixed Use Office 1 MUO), and Tukwila Valley South. (TVS). The Tukwila South Overlay District zoning also applies. Comments : The application may be reviewed at the City of Tukwila, Department of Community Devel- opment (DCD), 6300 Southcenter Blvd 4100, Tukwila, WA. We request your written comments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 24, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, informa- tion on hearings, and your appeal rights by calling 206-431-3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & 1-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and the same as the already -existing Comprehensive Plan designation for the prop- erty recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Com- prehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). The proposed zoning districts are the same as the Comprehensive Plan, and include Low Density Residential (LDR), Mixed Use Office (MUO1, and Tukwila Valley South. (TVS). The Tukwila South Overlay District zoning also applies. Comments : The application may be reviewed at the City of Tukwila, Department of Community Devel- opment (DCD), 6300 Southcenter Blvd #100, Tukwila, WA. We request your written comments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 24, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, informa- tion on hearings, and your appeal rights by calling 206-431-3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City of Tukwila Notice of Application Location -259 acres, generally between S. 188th, S. 204th, Orillia Rd & I-5 and the Green River File #—L10-035 Applicant:City of Tukwila Project Planner: Rebecca Fox, 206-431-3683 Project Description: Amend the Zoning Map as required to establish underlying zoning that is consistent with and the same as the already -existing Comprehensive Plan designation for the prop- erty recently annexed into Tukwila, known as the Tukwila South annexation area. The existing Com- prehensive Plan designations are Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South (TVS). The proposed zoning districts are the same as the Comprehensive Plan, and include Low Density Residential (LDR), Mixed Use Office (MUO), and Tukwila Valley South. (TVS). The Tukwila South Overlay District zoning also applies. Comments : The application may be reviewed at the City of Tukwila, Department of Community Devel- opment (DCD), 6300 Southcenter Blvd 4100, Tukwila, WA. We request your written comments on the project and they can be delivered to DCD, 6300 Southcenter Blvd., Ste 100. Comments must be received by 5:OOpm on June 24, 2010. Public Meeting: You are invited to comment on the request at a public meeting scheduled for June 28, 2010 at 7 p.m. before the Tukwila City Council, located in the City Council Chambers at 6200 Southcenter Boulevard, Tukwila, WA, 98188. You may request a copy of any decision, informa- tion on hearings, and your appeal rights by calling 206-431-3683. You are receiving this notice because you are a property owner or tenant within 500ft of this project. City ot 1 ukwila ' Department of Community Development 6300 Southcenter Blvd , Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd , Ste 100 Tukwila, WA. 98188 City ot 1 ukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 City of Tukwila Department of Community Development 6300 Southcenter Blvd., Ste 100 Tukwila, WA. 98188 • Page 1 of 1 Rebecca Fox - Re: Mailing address for Bruce Mitchell/Mitchell Moving and Storage From: Barbara Saxton To: Christy OFlaherty; Rebecca Fox Date: 06/16/2010 2:32 PM Subject: Re: Mailing address for Bruce Mitchell/Mitchell Moving and Storage The business license address for their main location is 18800 Southcenter Pkwy. However, we send all business license mailings to: Mitchell Moving & Storage PO Box 88728 Tukwila, WA 98138-2728 »> Christy OFlaherty 06/16/2010 2:24 PM >» Hi Rebecca. The PR request came from an attorney and not Mr. Mitchell directly. I have copied Barbara on this email to provide information off their business licenses with regard to Mr. Mitchell's address. Thanks! Christy »> On 06/16/2010 at 2:17 pm, in message<4C18DD13.A139.001F.0@ci.tukwila.wa.us>, Rebecca Fox wrote: Hi Christy, Could you please provide me with the mailing address for Bruce Mitchell as referenced in a recent public records request? Jack is especially interested that we use the correct address for Mr. Mitchell in a mailing, and Robin Tischmak suggested that I ask you. Thank you. Rebecca -roc P c_egf 6clo sf-Ext (7547-clhe4 16(LP0 to 1--(14---a0( H oil &it- -41, crae� Pl m se �J-0 Ax-)- t_e N rtssey)5 vynGLt l I ol +ri\e, WAAJ 6Z)-eb\--) al(OJAdt 4 -t -,e f I J1 , I t,ta/ki'c file://C:\temp\XPGrpWise\4C18E07Dtuk-mail6300-po100 633511EEAB1\GW}0000... 06/16/2010 NAME MARKET CONTRACTORS LTD ST MULTI 2 LLC BELVIA INVESTMENTS L L C IBEX REALTY LLC 196TH CORRIDOR LLC THOMPSON,DOUGLAS D BAUER,ROBERT N GWI REALTY LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER STRENG,HEINZ & RENATE COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER DICKSON BROTHERS LLC COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KENT CITY OF BILLY,LAURA MAE ADDRESS 10250 NE MARX ST 11624 SE 5TH ST 200 14719 173RD AVE NE 14900 INTERURBAN AVE S 210 14900 INTERURBAN AVE S 210 15018 SE 224TH ST 15045 SE 296TH ST 18700 SOUTHCENTER PKWY 18791 SOUTHCENTER PKWY 18801 57TH AVE S 19000 57TH AVE S 19018 62ND AVE S 19039 62ND AVE S 19212 FRAGER RD S 19221 62ND AVE S 19241 62ND AVE S 19311 RICHMOND BEACH DR NW 19710 58TH PL S 19713 58TH PL S 19805 ORILLIA RD S 19809 ORILLIA RD S 19823 58TH PL S 19835 ORILLIA RD S 20025 RUSSELL RD S 20119 59TH PL S 20123 ORILLIA RD S 20205 59TH PL S 20230 ORILLIA RD S 20301 59TH PL S 20431 FRAGER RD S 20453 ORILLIA RD S 220 4TH AVE S 22232 196TH AVE SE CITY PORTLAND BELLEVUE WOODINVILLE TUKWILA TUKWILA KENT KENT TUKWILA TUKWILA TUKWILA SEATTLE KENT KENT KENT KENT KENT SHORELINE KENT KENT KENT KENT KENT KENT SEATTLE KENT KENT KENT KENT KENT KENT SEATTLE KENT RENTON ST OR WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA ZIP 97220 98005 98072 98168 98168 98042 98042 98188 98188 98188 98188 98032 98032 98032 98032 98032 98177 98032 98032 98032 98032 98032 98032 98195 98032 98032 98032 98032 98032 98032 98198 98032 98058 INVESCO REALTY ADVISORS LZ VENTURES LLC GREGORY REAL ESTATE TWO LLC BUCK,RICHARD L & ELIZABETH P ROBBINS HOLDINGS LLC CRAMER,H WILLIAM COLUCCIO,TERI COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER KING COUNTY KING COUNTY LA PIANTA L L C COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER COMMUNITY MEMBER CCAS PROPERTY & CONST ANDERSON,JAMES T & BILLY LAURA MAE M & P COMPANY BRISCOE HILL LLC 2235 FARADAY AVE 0 24 ROY ST 188 24416 249TH AVE SE 24601 SE 220TH ST 29100 HALL ST 3920 50TH AVE NE 4059 S 188TH ST 4301 S 200TH ST 4411 S 200TH ST 4417 S 200TH ST 4420 S 200TH ST 4503 S 204TH ST 4515 S 200TH ST 4655 S 200TH ST 500 4TH AVE 500 K C ADMIN BLDG 5811 SEGALE PARK DRIVE C 5820 S 194TH ST 5844 S 194TH ST 5851 S 194TH ST 5858 S 194TH ST 5862 S 194TH ST 5866 S 194TH ST 5869 S 194TH ST 5872 S 194TH ST 5900 S 190TH ST 5920 S 194TH ST 6013 S 194TH ST 6020 S 190TH ST 6040 S 194TH ST 710 9TH AVE 920 8TH ST NE PO BOX 1083 PO BOX 1305 CARLSBAD SEATTLE MAPLE VALLEY MAPLE VALLEY SOLON SEATTLE SEATAC KENT KENT KENT KENT KENT KENT KENT SEATTLE SEATTLE TUKWILA KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT KENT SEATTLE AUBURN EDMONDS SEAHURST CA WA WA WA OH WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA WA 92008 98109 98038 98038 44139 98105 98188 98032 98032 98032 98032 98032 98032 98032 98104 98104 98188 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98032 98104 98002 98020 98062 • • PITTENGER,FRED W HERCHE,THOMAS F RIVERS EDGE BUSINESS PARK KOYAMATSU,P K NEW TESTAMENT CHURCH PCS PROPERTIES LLC PCS PROPERTIES LLC LA PIANTA LLC LA TERRA LTD PARTNERSHIP GWI REALTY L L C MITCHELL MOVING & STORAGE PO BOX 13303 PO BOX 3837 PO BOX 50584 PO BOX 58046 PO BOX 6493 PO BOX 700 PO BOX 700 PO BOX 88028 PO BOX 88028 PO BOX 88698 PO BOX 88728 DES MOINES SEATTLE BELLEVUE TUKWILA KENT MERCER ISLAND MERCER ISLAND TUKWILA TUKWILA SEATTLE TUKWILA WA WA WA WA WA WA WA WA WA WA WA 98198 98124 98015 98135 98064 98040 98040 98138 98188 98138 98138 • • RECEIVED ?JUN 0 8 20101 CITY OF TUKWILA COMMUNITY Department of Community Development o PMENT ZONING CODE 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 AMENDMENTS E-mail: tukplan@ci.taukwila.wa.us APPLICATION NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, .and nearest intersection. Tukwila South Annexation Area ( Approximately 259 acres generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). PARCEL # 352304-9050, PARCEL #352305-9078, PARCEL #352304-9041, PARCEL #352304-9117, PARCEL #022204-9037, PARCEL # 022204-9040, # 022204-9033, #352304-9016, #022204-9008, #352304-9066, #352304- 9065, #022204-9043, #022204-9057, #032204-9047, , #032204-9106, #023900-0352, #032204-9100, #032204- 9106, #032204-9006, #032204-9090, #022204-9011, #022204-9015, #032204-9092, #032204-9093, #032204- 9056, #032204-9052, #022204-9036, #022204- - 9061 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc FOR STAFF USE ONLY Permits Plus Type: P-ZCA Planner: Rebecca Fox File Number: L10-035 Application Complete (Date:. 6/8/10 ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: ESTABLISH ZONING FOR TUKWILA SOUTH ANNEXATION AREA LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, .and nearest intersection. Tukwila South Annexation Area ( Approximately 259 acres generally located south South 188th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east.) LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). PARCEL # 352304-9050, PARCEL #352305-9078, PARCEL #352304-9041, PARCEL #352304-9117, PARCEL #022204-9037, PARCEL # 022204-9040, # 022204-9033, #352304-9016, #022204-9008, #352304-9066, #352304- 9065, #022204-9043, #022204-9057, #032204-9047, , #032204-9106, #023900-0352, #032204-9100, #032204- 9106, #032204-9006, #032204-9090, #022204-9011, #022204-9015, #032204-9092, #032204-9093, #032204- 9056, #032204-9052, #022204-9036, #022204- - 9061 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and H:\COMP PLAN 2009-2010\Tukwila South\Tukwila.South.Annexation.Area.Rezone.application.doc • Page 1 of 1 5+1© iCli Slt 211100.111111111110 y _1S 2#1.11 ht_S rr ,.a. F.. , �,�,t vat. 1 N Cf)'i✓r GtS 1497 ft Copyright © 2006 All Rights Re=erv°ed. The information contained herein is the pry �t:tietary property of the contributor :Supplied under licerr_e and 1 ma•,•° not be approved e>,:et:t .c_ liven=ed I:rr Digital Map Product:. http://inaps.digitalmapcentral.corn/production/CityG 1S/v07_01 _062/i rldlex_62b.htrn1 06/08/2010 5 173rd St 5 16 Rh S1. 5 !firth 5, Sr ■ 6 ■ 5 t92Ytd 5t ■ j ■ ■ t1 -,7 2 AA ■ .3 • R' 1 ■ .7 10 ■ 4 ; 2 1 ■ "r4 i8Oth 5 1t Sat 5t. v 4 70 A j t C • 56 ■ ■�,. 5S■ 9 U. A' ■ ■ 4 , iy , $ ft 18 +2q 5 1t?Oth Sc S oath St 5 o2rid St' • 1&th st rte. Qom. y 716th CI 31 145 7`* S 212th 73 x • pec,Ju b d Pus d$WJ 5 196th St 5'2171Ii St 5 `2200 51 C:opyriihIt 20In All Rights Ref erve 1 The intortriati� �n contained fieref the if oFrietar';;' ph -,pe f ; of tf �e contributor supplied under li'-:ere_e and m7; not lir ,ypf'r r ec1 YzreF.;t : s liu en_ed tr Digital '1a: Pr:duct_ 11It}�:i/iYltt) i.Cilf ltillT71i1pC t il�:l ii, ;i)Cii/()t'UCiliCilt)li/r t1 j 1 4 +0 (i iit) %1{111 _", ,;i' if 0 I. I ')()/0?;/'('' ZONING MAP AC D DENOTES ANNEXATION BOUNDAR DENOTES PAA BOUNDARY SUPPLEMENTAL MAP MAP AREAS 25, 26, 27, 28 Tukwila South/Planned Area RECEIVED JUN 0820101 UoMMUNirt Qi=V LOPMENT CURRENT ZONING CLASSIFICATIONS (King County) A-10 Agricultural S -E Suburban Estate M -H Heavy Manufacturing M -P Manufacturing Park M -L -P Light Manufacturing/ Manufacturing Park Annexation Area MAP AREA 25 INFORMATION SHEET Tukwila South/Planned Area - Valley Floor Existing Comp Plan Map Designation: Proposed Comp Plan Map Designation: Existing Land Use: Surrounding Area Designations: Surrounding Area Character: RECEIVED JUN 0 8 2010' COMMUNITY ®VLOPMENT LOW DENSITY RESIDENTIAL and LIGHT INDUSTRIAL COMMERCIAL/LIGHT INDUSTRIAL with COMMUNITY RESOURCE OVERLAY along river and at wetlands e Vacant,mostly agricultural, with Segale ��• cg yard against hillside to 196th, and a few single family homes at base of slopes. Area includes shoreline zone and several potential wetland areas. LOW DENSITY RESIDENTIAL and I-5 to the west, LOW DENSITY RESIDENTIAL to the north, COMMERCIAL/LIGHT INDUSTRIAL and HEAVY INDUSTRY to the east, LOW DENSITY RESIDENTIAL and COMMERCIAL/LIGHT INDUSTRIAL to the south Located in corridor between steep slopes on west and river on east, area is mostly agricultural. Includes a pioneer cemetery at approximately 196th and a Catholic cemetery at 204th. Across river, to south, and to west is city of Kent; south of 204th is King County agricultural preserve area. MAP AREA 25. continued Staff Recommendation: COMMERCIAL,/LIGHT INDUSTRIAL from the toe of the valley wall east to the river and for the entire Planning Area to South 200th ,Street. LOW DENSITY RESIDENTIAL from South 200th Street to South 204th. COMMUNITY RESOURCE OVERLAY at wetlands, along shoreline, and hillside. Planning Commission Recommendation: COMMERCIAL /LIGHT INDUSTRIAL from river to Orillia Road with COMMUNITY RESOURCE OVERLAY at wetlands, along shoreline and hillside. RECEIVED JUN 0 8 2010' mMMUNU Y DEVELOPMENT ANALYSIS SHEET MAP AREA 26 Tukwila South/Planned Area - Hillside Summary Public Comments: Single Family Residential designation on hill inappropriate. Should not be located near transfer station, new cross -valley road/bridge. The designation "should be revised to reflect the realistic development potential" of the area.* (Exhibit 55, 61; Speaker 24) (*denotes property owner/tenant comments) Alternatives: LOW-DENSITY RESIDENTIAL MEDIUM -DENSITY RESIDENTIAL HIGH-DENSITY RESIDENTIAL OFFICE Staff Discussion: At approximately 113 acres, the valley wall comprises a large portion of the Planning Area. The hillside area, at least the portion within the City, is a combination of Class 2 .and 3 slopes, where landslide potential is moderate and high respectively. The hillside is visually significant as a backdrop of vegetation for the valley floor. The area generally is owned in large parcels by multiple owners. The land does not have good freeway visibility because the land slopes away from the freeway, but this gives an advantage of lower noise levels from the freeway. The Tukwila Tomorrow Committee agreed on the low density residential Policy 10.1.3: "Designate the valley wall as a Community Resource and maintain the area for low density residential use but encourage development that minimizes hillside disturbance." Based on this, the hillside was designated as Low Density Residential. Subsequently, property owners requested that their hillside properties with "benches" be designated Commercial/Light Industrial. The Tukwila Tomorrow Committee agreed, and so designated these sites. As was discussed in Map Area 25 and other Map Areas along this hillside, information on sensitive areas for the entire area is inconsistently available, and allowing industrial to mix with residential, conflicts with the Committee's goal for quality residential neighborhoods. A more appropriate designation for the hillside is Low Density Residential, with Medium Density Residential on the flatter benches. Although this is not currently a heavily populated or traditional residential neighborhood, the area has the potential for attractive, low- and medium- ` n density residential infill. Techniques of residential neighborhood planning should be used for this area. The hillside provides territorial views of the valley, Cascades and Mt. Rainier, which is a valuable, marketable MAP AREA 26, continued characteristic. In order to create residential areas of high quality, access and orientation of future housing must be carefully considered. As noted under Map Area 25, how the residential neighborhoods are accessed --the route itself and the surrounding uses it passes through—is a critical factor. Even. the mix of residential types is critical. In addition, the density should remain low with attached, cluster development which would have less of a visual and physical impact than attached units. Staff discussed with the Committee various techniques used to minimize disturbance, for example, keep building pads small and sized to existing benches, limit cuts, fills and retaining walls, and allow units to cluster in order to set aside common, undisturbed open space. However, the Committee was not willing to recommend how to Jninimi7e hillside disturbance. These types of issues related to development quality should lie addressed in Comp Plan policies and future standards. In addition, the Comp Plan should include policy language that encourages strong visual separations between the industrial valley floor and the residential hillside. Staff Recommendation: LOW DENSITY RESIDENTIAL along steeper sections of the hillside with MEDIUM DENSITY RESIDENTIAL along less steep sections. LOW DENSITY RESIDENTIAL between S 200th and S 204th Street due to the identified wetland and flood plain. COMMUNITY RESOURCE OVERLAY throughout the steeper, wet and shoreline sections of area. Planning Commission Recommendation: MEDIUM DENSITY RESIDENTIAL west of Orillia Road COMMERCIAL/LIGHT INDUSTRIAL north to KC Transfer Station with COMMUNITY RESOURCE OVERLAY at slopes and wetlands RECEIVED JUN 082010' eOMMUNLTY iELLOPMENT INFORMATION SHEET MAP AREA 26 Tukwila South/Planned Area - Hillside Existing Comp Plan Map Designation: Proposed Comp Plan Map Designation: Existing Land Use: Surrounding Area Designations: Surrounding Area Character: RECEIVED JUN 082010 COMMUNITY DEVELOPMENT LOW DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL to west COMMERCIAL/LIGHT INDUSTRIAL to east COMMUNITY RESOURCE OVERLAY at steep slopes Vacant, with some single family residences. Interstate 5 to the west, COMMERCIAL/LIGHT INDUSTRIAL to the east Area is mostly steep slopes with some 'benches." It is bounded by I-5 on west, with city of Sea Tac west of I-5. King County refuse transfer station is to the north. ANALYSIS SHEET MAP AREA 27 Tukwila South/Planned Area = 4655 South 200th Street Summary Public Comments: S. 200th, 4655 should be zoned industrial like the land on three sides of it.* (Exhibit 31) (*denotes property owner/tenant comments) Alternatives: OFFICE COMMERCIAL/LIGHT INDUSTRIAL LIGHT INDUSTRIAL Staff Discussion: As discussed under Map Area 25, the valley floor, this area around 200th Street contains a significant wetland (at least 7 acres in size). It extending along the south side of South 200th Avenue South, and along .either side of the subject residence. Also, as noted in the Tukwila South Background Report, there are multiple objectives targeted for the Tukwila South/Planned Area. Therefore, review and recommendations should encompass all 200 acres rather than single parcels or buildings. For further discussion, see discussion for Map Area 25. Staff Recommendation: COMMERCIAL/LIGHT INDUSTRIAL from the toe of the valley wall east to the river and for the entire Planning Area to S 200th Street. LOW DENSITY RESIDENTIAL from S. 200th Street to S. 204th. COMMUNITY RESOURCE OVERLAY along shoreline and sensitive areas including the hillside. Planning Commission Recommendation: COMMERCIAL/LIGHT INDUSTRIAL with COMMUNITY RESOURCE OVERLAY at slopes and wetlands RECEIVED JUN 0 8 2010' COMMUNITY DEVELOPMENT INFORMATION SHEET MAP AREA 27 Tukwila South/Planned Area - 4655 South 200th Street Existing Comp Plan Map Designation: Proposed Comp Plan Map Designation: Existing Land Use: Surrounding Area Designation: Surrounding Area CharElVED JUN 0 8 2010 COMMUNITY CEVELOPMEhrr LOW DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL Single family residence. LOW DENSITY RESIDENTIAL and COMMERCIAL/LIGHT INDUSTRIAL Site is located in a mostly agricultural corridor between steep slopes on west and river on east, with pockets of single family residences. ANALYSIS SHEET • MAP AREA 28 Tukwila South/Planned Area - South 204th & Orillia Road Summary Public Comments: Property owner just south of 204th Street and along Orillia road would lie to be considered for annexation to Tukwila because he thinks he would be best served by Tukwila, especially through Fire District 24.* (Exhibit 37, 52) (*denotes property owner/tenant comments) Alternatives: Change annexation boundary Staff Discussion: King County is conducting an environmental review of a proposed cross valley connector and bridge at South 204th. South 204th, particularly if improved, provides a clear boundary for the future city limits. Staff Recommendation: No change in proposed southern annexation boundary. Planning Commission Recommendation: No change in proposed southern annexation boundary. RECEIVED JUN 0 8 2010 OQMMUNtTY DEVELOPMENT MAP AREA 28 INFORMATION SHEET Tukwila South/Planned Area - South 204th & Orillia Road Existing Comp Plan Map Designation: Proposed Comp Plan Map Designation: Existing Land Use: Surrounding Area Designations: SurrDunding Area Character: RECEIVED 'JUN 0 8 2010 COMMUNITY DEVELOPMENT LOW DENSITY RESIDENTIAL LOW DENSITY RESIDENTIAL Single family residence. LOW DENSITY RESIDENTIAL with small areas of COMMERCIAL/LIGHT INDUSTRIAL; COMMUNITY RESOURCE OVERLAY on hillside Surrounding area is mostly agricultural, with a few single family residences and a cemetery. County has proposed improvements to 204th and bridge over river to connect Orillia Rd./I-5 with valley floor. • INFORMATION SHEET MAP AREA 29 Southcenter Parkway. 18059 (S.W. from Pavilion Mall) NO SCALE G'MOCR SilidlM:U 714M M(NYI1M %CMOI NS1U U IN ♦77 K. Existing Comp Plan Map Designation: OFFICE Proposed Comp Plan Map Designation: Existing Land Use: Surrounding Area Designation: LOW DENSITY RESIDENTIAL COMMUNITY RESOURCE OVERLAY on hillside Residential and vacant LOW DENSITY RESIDENTIAL to the west and north, REGIONAL COMMERCIAL to the east and COMMERCIAL/LIGHT INDUSTRIAL to the south Surrounding Area Character: Site is mostly steep hillside, at busy intersection; RECEIVED to west is low density residential on hillside, to north and east is intense commercial area, to south JUN 0 8 2010' is llama farm. COMMUNITY DEVELOPMENT ANALYSIS SHEET MAP AREA 29 Southcenter Parkway. 18059 (S.W. of Pavilion Mall) Summary Public Comments: Single family residential is not appropriate; wants Medium- to High -Density Residential:* (Speaker 16) (*denotes property owner/tenant comments) Alternatives: LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL HIGH DENSITY RESIDENTIAL Staff Discussion: The Tukwila. Tomorrow Committee did not specifically discuss this site. However, this area is part of the valley wall which extends from 178th Street to 204th (and beyond), and which was discussed as a whole under the Tukwila South/Planned Area discussion (see Map Area 26). The length of the valley wall is visually and physically "bisected" where the hillside and river curve to meet each other, just south of the llama farm. This makes the northern portion of the valley wall, which includes Map Areas 29, 30, 31 and 32, distinct from the southern portion. The northern portion is approximately 70 acres, in both City of Tukwila jurisdiction and 24 acres within the City of SeaTac. There are other characteristics of this area which distinguish it from nearby commercial areas and the valley floor. This site is adjacent to intense commercial uses. However, it is basically the toe of the valley wall. There are also access issues here which tend to isolate the area. South 178th Street is a very busy street, connecting with 180th, a cross -valley connector arterial. A study has been commissioned by the City that studies realignment of the street in order to minimize its steep grade, which makes travel along the street difficult. The City has also studied extending a street from the 188th/I-5 interchange through this area to Southcenter Parkway. Due to the topography and geology, the proposed street would need to be developed on piers, a very costly proposal. Given its isolation and steepness, its nearness to I-5, access difficulties, properties within this northern hillside area (including Map Areas 30, 31 and 32) should be reviewed as a whole. In general, the Committee's direction was to keep the hillside residential. Given the northern portion's approximate area of 70 acres, this could RECEIVED translate to approximately 400 homes at 6 units per acre. This type of JUN 0 8 2010 COMMUNITY DEVELOPMENT MAP AREA 29. continued density would be consistent with Policy 10.1.3: "Designate the valley wall as a Community Resource and maintain the area for low-density residential use, encouraging development that minimizes hillside disturbance." Development at medium densities, if done sensitively and, on the small plateaus, could also meet this policy intent. Medium -density residential uses would also be consistent with Goal 8.2: "Overall Land Use Pattern A land use pattern that encourages a strong sense of community by grouping compatible and mutually supportive uses and separating incompatible uses." . Staff Recommendation: LOW DENSITY RESIDENTIAL with COMMUNITY RESOURCE OVERLAY and MEDIUM DENSITY RESIDENTIAL for the flatter "benches." Planning Commission Recommendation: OFFICE with CO RESOURCE OVERLAY at steep slopes • RECEIVED JUN 082010' COMMUNITY DEVELOPMENT • • Legend moo MIC Boundary Potential Annexation Area LID Tukwila Master Plan Area ® ® Tukwila Urban Center MIC/L Manufacturing Industrial CenterlLight Industrial HI Heavy Industrial TVS Tukwila Valley South CILI Commercial Light Industrial LDR Low Density Residential TUC Tukwila Urban Center RCM Regional Commercial Mixed Use RCC Regional Commercial Center RC Regional Commercial NCC Neighborhood Commercial Center MUO Mixed Use Office 0 Office MICIH Manufacturing industrial Center/Heavy Industrial MDR Medium Density Residential LI Light Industrial HDR High Density Residential 1 inch = 800 feet 44.itJt✓ Legend LDR Light Density Residential MUO Mixed Use Office TUC Tukwila Urban Center C/LI Commercial Light Industrial TVS Tukwila Valley South LI . Light Industrial HI Heavy Industrial Overlays and Sub Areas • Tukwila City Limits Annexation Area /Establish Underlying Zoning Tukwila South Overlay District ATTACHMENT M Annexation Area Zoning N r- ? NUS H:1PLANNING\Comp Plan & Zone Amend12010 com_zone amend\Tuk south overlay dux letter 6ne.mxd COMPREHENSIVE PLAN AMENDMENT PROCESS Attachment A 1 Options for Council Review --Screening Review Actions -- Reject Proposal Refer to Planning Commission 1 Environmental Review/SEPA 1 Planning Commission Hearing/Recommendation 1 City Council Public Hearing 1 City Council Decision/Action Defer Proposal Locations of Requested Changes • •