HomeMy WebLinkAboutOrd 2069 - Amend Zoning Map from Low-Density Residential to Manufacturing Industrial Center/Light (LDR to MIC/L)City of Tukwila
Washington
Ordinance No. -2L (c 0
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE CITY OF
TUKWILA'S ZONING MAP FROM LOW DENSITY RESIDENTIAL
(LDR) TO MANUFACTURING INDUSTRIAL CENTER/LIGHT
(MIC/L) AT THE PROPERTY LOCATED AT THE WESTERN
TERMINUS OF SOUTH 126TH STREET AND BETWEEN TUKWILA
INTERNATIONAL BOULEVARD AND 34TH AVENUE SOUTH;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, in 1995 the City of Tukwila adopted the Zoning Map, based on
consideration of existing conditions and long -term community -wide goals, and these
policies may be reviewed and updated as appropriate; and
WHEREAS, Sabey Corporation has requested amendments to the Zoning Map for
the property located at the western terminus of South 126th Street and between
Tukwila International Boulevard and 34th Avenue South; and
WHEREAS, the City Council held a public meeting on March 15, 2004, and
forwarded the Sabey Corporation's request for rezone to the City of Tukwila Planning
Commission for further review; and
WHEREAS, the City of Tukwila Planning Commission, after having received and
studied staff analysis and comments from members of the public at a public hearing
held on May 20, 2004, recommended denial of the applicant's request for the rezone;
and
WHEREAS, the City Council has held its own duly advertised public hearings on
the aforementioned request, at which time the Council took testimony including all
written and oral comments, statements and arguments submitted to the Council; and
WHEREAS, the City Council evaluated this rezone request based on the analysis
contained within the staff memo to the Council dated August 10, 2004, which included
four staff reports to the Planning Commission as exhibits dated March 15, 2004, May 20,
2004, June 16, 2004 and July 14, 2004, which are hereby incorporated by this reference;
and
WHEREAS, this rezone request is in conformity with the adopted Comprehensive
Land Use Policy Plan, Tukwila Municipal Code Title 18, and the public interest; and
WHEREAS, this rezone request is supported by an architectural site plan showing
the proposed development and its relationship to the surrounding areas; and
WHEREAS, this rezone request meets the criteria for granting zoning map
reclassifications listed under Tukwila Municipal Code 18.84.030; and
Amend Zoning Map -Sabey 11/22/04 Page 1 of 2
WHEREAS, the Committee of the Whole, after due consideration, and after taking
public testimony at the public hearing held on October 4, 2004, believes that certain
amendments to the City's Zoning Map are necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Zoning Map change set forth in Section 2 of this ordinance is found
to be necessary and desirable for the reasons presented in staff reports, previously
referenced, and at public hearings. The City Council specifically finds that the
proposed zone change conforms to all relevant criteria set forth in TMC 18.84.030.
Section 2. The City's Zoning Map is hereby amended to designate the entire parcel
#740600602, generally located at the western terminus of South 126th Street and
between Tukwila International Boulevard and 34th Avenue South, as Manufacturing
Industrial Center /Light, rather than having split zoning designations of Low Density
Residential, Commercial Light Industrial, and Manufacturing Industrial Center/ Light,
as shown on Exhibit A.
Section 3. The Zoning Map change shall be allowed upon approval and execution
of the Covenant attached hereto as Exhibit B, which Covenant is incorporated herein as
part of this ordinance by this reference, and all development of the site by the applicant
or its successors in interest shall be in strict conformity with the provisions of Exhibit B.
Any change in the provisions of Exhibit B shall require rezone proceedings.
Section 4. In the event that the property is developed in violation of the Covenant
attached hereto as Exhibit B, said Covenant shall be deemed null and void and the
zoning designation for the property shall revert to the zoning designations which
existed prior to the date of adoption of this ordinance.
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. 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
at a Special Meeting thereof this c -2{ 'y)
ATTEST/ AUTHENTICATED:
i'
e E. Cantu, CMC, City Clerk
APPROVED AS T
Office of the Citt a rney
Y:
Amend Zoning Map -Sabey 11/22/04 Page 2 of 2
THE CITY O TUKWILA, WASHINGTON,
day of I�GV CYO Z L/_ 2004.
Steven M. Mullet, Mayor
Filed with the City Clerk: ;P (2/
Passed by the City Council: Jj r2,2
Published:
Effective Date: /2_ ',Q
Ordinance Number: 2(//,)6)
hereinafter sometimes referred to as the "Site and
Oa-E. u /Gha'. 249
CONCOMITANT AGREEMENT AND
COVENANT RUNNING WITH THE LAND
This agreement is entered into this iLS day of L iOr iyit__
2004, by and between International Gateway East III, LLC, a Washington limited
liability company, hereinafter referred to as the "Applicant" and the City of Tukwila,
Washington, a municipal corporation, hereinafter referred to as the "City."
WHEREAS, the City has authority to enact laws and to enter into agreements to
promote the health, safety, and welfare of its citizens and thereby control the
development of property within its jurisdiction; and
WHEREAS, the Applicant has applied for a rezone of certain property described
below within the City's jurisdiction from LDR district to C /LI district, consistent with
the Comprehensive Plan adopted by the City pursuant to the Growth Management Act
(RCW 36.70A); and
WHEREAS, the City and the Applicant are both interested in complying with the
ordinances of the City of Tukwila relating to the development of the property situated
in the City described as follows:
Lots 1, 2 and 3 in Block 12 of Riverton Addition, as per the Plat recorded in
Volume 13 of Plats, Page 36 records of King County, Washington, together with
the entire 40 foot width of vacated South 126th Street adjacent and contiguous
thereto (also being known as Lot C of Boundary Line Adjustment Number 89-
6-BLA, recorded under King County Recording Number 8908161260), situated
in the City of Tukwila, County of King, State of Washington.
WHEREAS, the City desires to enforce the rights and interests of the public by this
Concomitant Agreement;
NOW, THEREFORE, in the event the site is rezoned from LDR to MIC/L district,
the Applicant covenants to the City and agrees on behalf of itself and each of its
successors and assigns, that during the entire period that the property is zoned MIC /L,
the Site will be developed only in accordance with this Covenant and subject to the
conditions provided herein. The Applicant specifically agrees that this Covenant
touches, concerns, enhances, benefits and runs with the property.
1. Title. Applicant is the sole and exclusive owner of the property.
2. Conditions. The Applicant promises to comply with all the terms and
conditions of this agreement in the event the City, as full consideration herein, grants
the rezone relating to the Site. The Applicant hereby agrees to be bound by and to
comply with the following conditions:
Concomitant Sabey 11/18/04 Page 1 of 3
EXHIBIT B
a. The Applicant shall install ten Douglas Fir trees that are 12 to 14 feet in
height and five Douglas Fir trees that are 6 to 8 feet in height, along the south property
line as shown in the clouded area on the attached Exhibit 1. The fifteen Douglas Fir trees
shall be installed within 180 days of the approval of this agreement. All other
landscaping shown on Exhibit 1, except the fifteen Douglas Fir trees, was approved as
part of the Conditional Use Permit (File Number L02 -055) and Design Review
Application (File Number L02 -056) for the Department of Homeland Security building
by the Planning Commission on February 27, 2003. Also, prior to the approval of this
agreement, the applicant shall provide a performance bond or other financial security as
approved by the City Attorney, guaranteeing the completion of such improvements.
MIC/L.
b. No access to the site will be allowed from 34th Avenue South.
c. All uses of this property shall be consistent with zoning designation
3. Binding. No modifications of this agreement shall be made unless mutually
agreed upon by the parties in writing.
4. Remedies. Violations of this Covenant shall be enforced by the City according
to enforcement procedures applicable to zoning code violations. In addition to other
remedies available to the City by law, the City reserves the right to revoke the rezoning
of the Site should the Applicant fail to comply with any of the terms and conditions of
this agreement.
5. Successors. This Covenant shall remain in full force and effect, and be
binding upon the Owner and his successors and assigns until amended, modified or
terminated by an ordinance adopted by the Tukwila City Council.
6. Filing. The applicant shall file a copy of this covenant for record with the
King County Records and Elections Division within 30 days of approval of this
agreement so as to appear within the chain of title to the property.
7. Reversion. In the event that the property is developed in violation of the
conditions set forth in this agreement, then this covenant shall be deemed null and void
and the zoning designation for the property shall revert to the zoning designations that
existed prior to the rezone contemplated herein.
8. Attorney Fees. In the event that legal action is instituted to enforce or
interpret any provision of this Covenant, including any appeal thereof, the substantially
losing party shall reimburse the substantially prevailing party for all costs and
reasonable attorney fees incurred in connection therewith.
9. Severability. In the event that any term or clause of this agreement conflicts
with applicable law, such conflict shall not affect other terms of this agreement, which
can be given effect without the conflicting terms or clause, and to this end, the terms of
this agreement are declared to be severable.
Concomitant Sabey 11/18/04 Page 2 of 3
EXHIBIT B
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of
the day and year first above written.
APPLICANT
International Gateway East III, LLC,
By Sabey Corporation Manager
4
nes N. Harmon, Treasurer Secretary
STATE OF WASHINGTON
COUNTY OF KING
I certify that I know or have satisfactory evidence that Tames N. Harmon to me known to be
the Treasurer Secretary of the corporation which executed the above instrument, appeared
before me and said person acknowledged that he signed this instrument and acknowledged it
to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED: 1
COUNTY OF KING
STATE OF WASHINGTON
NOTARY-- PUBLIC
t1Y CO'.`M:ISSIOii EXPIRC" 1 "19-05
STATE OF WASHINGTON
J
ss.
SS.
CITY OF TUKWILA
iv. ev-vLz4—
By Steven M. Mullet, Mayor
APPROVED AS T9 -RNNp
Shelley Kerslala�City ttorney
By IG•M1
Notary Public-irnd for the State of Washin gt
Name as commissioned: AA P n- ti /A if'+ L
Residing at: e,2
My commission expires: l 0 9 J a,S`
I certify that I know or have satisfactory evidence that Steven M. Mullet, Mayor, City of
Tukwila, appeared before me and said person acknowledged that he signed this instrument and
acknowledged, '4 the free and voluntary act of such party for the uses and purposes
1o
mentioned1�1tt.
S.+ S \ON 1
G2L
By sc 1-L-2-Le LlL, a i"
N94 ry Public in and for the State of Washington
J
i P UBUG N e as comm sioned:._//-910E. /J/L' S lU/7il
X 11 61):... 3 2 9 Residing at: t i 1. _s 1 fi
My commission expires: V 69 (-1)
I 4 1));.. W:',,,- Y p
Concomitant Sabey 11/18/04 Page 3 of 3 EXHIBIT B
Subject property (Parcel 73406-0602) zoning designation for the entire
parcel is changed to MIC/L
I DO
C/LI changed
to MIC/L
M C/L
1
S. 126th St.
EXHIBIT A
‘De al �lv` d
I tern atton
1�.504 'rukwila
Tukwila, wA
SeC
gale=
Date
Drawn By.
Cbeeke
6ht) to be planted per ASjeement
e Douglas F it trees in height)
t) to be Planted pet Agreement
Fit trees (12''14 in height)
ate
the only
the clouded area Bement- All
es shown m Concomitant area a a ed as part °f w
fit to the what it nt Agee neat. All
The fifteen Da ing shown on t is plan 5
that at on this plan ent of Homeland
al trees shown umber L02
oa landsc e bet f the Department
Part B e t of li 2'! 200
e
6
the conditio building y the L02 Commission on
applicatiobnu the �lanntng
Security 11SI
1 90 -0'
p ES1GNGRO�
wE1SMAH r
4 S� D,25i
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Landscape SchedulU )..a -6Q Pi. OP LAAD6CAPE.- 167,136 80.PT,
QUANTITY BGQITPIC NAME
CCCIOUOIA"i TRCt6
Ac.r n6run 'Ml.Lrong'
(LH)
Ater circinalun
Cornet kouea
rraxinu. lallrolla
Pyres ullryana 'Aristocrat'
Cu...cue menu
Z.Ikova errata Ylllag. Groom'
EV 37GREE 7 TREES
Pxw mgrs
Pa.udolsug• nr0l «II
Pxwt contort,.
Ctpre..00typarls I.ylardll
Tax. media 'Nldull'
Arbutus uedo 'compacts'
Clete plrptro.
Corn. ma.
Cons •tolonirr. Ke10.91
Corns •tolonl(ra 'I.aMI'
Coton«•tr la etr...
Euenyn.e •iota 'Corps ct•'
For.yth• nlrn.dl•
Lo•Icr• plW1a
Hahonia •elul(ollun
MyrIca ul1(anica
Nandwu d.'COmpacla'
Prunus I.IlanIra
Prow Iatro r... 'Otto Lta)r' err
Pttrte letrocea.. 'Lb.lt.nu'
PI•rl. force. Flame'
Rhododendron 'An.h K,.dk.'
!pima nlpponiu 'enownand'
Viburnum plIcatun tonrnoaun
Vlbtrn.t tires 'erring 15oucT.4.4'
Vlbtrrun d.vldll
6ROU`DcoveszS
Rabe calycinoId..
Coton.a.t.r dolled LouO•.l'
Fro e arl. chilor»I.
Ar o1o.laplyllo. wa•mr.1
1050 NATTY! GROJ COVET/8
Csaullhtrl. 8alai
Arclo.t•phyib. N/11-tr.I
klrnickrnldt
Poky.tIdo.l ...cilium/ !word fern
Nahtonla raper./ Creeping
Mahtonla
Rough Gra••
Lawn
Eco -Turt
P62eNNI•L ACCENTS
ctMaaN (wC atr�wartxr4
A°rwva'.g lard rlaple
One Hapl.
Kou, D,
Orgor Ash
Alf tarot l°YVf
Rod Oak
f S.kova
Admin. D/,ok Puss.
Douglas Pr
Aire Pew
L.ylard Cyr'«•
Mak. r
Corpaot 61ra+6e d.•h 74 -50' he .44_, NII and blwhy
6413 or con. planted 4 co.
Rodvtw•
Conwl /6, Cherry
Red Dag C_
Rod /r/g y
Puny Colaea•tr
eur,a,g [Won
Forsyth',
n/va Naeytakl.
Pic/f10 Wax Iloilo
/4.at,.1& 6ernboo
Ptrtc.ga/ LawI
Otto Luyk•rt Lolrr/
Lb./ L•t.,./
pawl Fla,... PYr/•
Anah A''t ohka Moo f.1
800,dnd 4ok-1
Dot04174 14.,,r.,
5 ra'g Oooq.d Yrin.r".r
David 1- Iburriun
Eranblo
D.vrbe Colon.s•tr
each eva•brry
Kkr kanldt
Rook Roe.
Ruck/ed.-la Itr• [flack Ey.d 8uean
/lw,•rocalll. hybrid. Dsyllll..
Ibrl... prvirrw
Eryp#w.. TSOwl.. PLw.' Purple Ery.lnum
beds. /elephM 'Autumn Purple AuWm, Ptrpie
!alto
Lanhm Mculalt,. hail. P.wlr' !polled Nettie
Calaeagro.11. Karl For..lr'?-.at er u.
P•rth•noel..e trlw.pldats V.Itchll' !baton Ivy
646
6..oca.d Lou -er Meg Gala Mx
!wooed Lau,
6..o Eoo- T4rf
Mobb. I Molt kIa F/wr clo Lau,
85 A6 644OW4 ON PLAN
7' ullpr, 10' 47' ht, NII, sell- banch•d,
13115
6' -6' ht. rultlat.o. min (3) 3/4' •1..n., NII
646, rtr.ary g rown
I ln• caliper, 6' l0' htJt II wall branched,
r caliper, b' -17' ht,Nll, well brandied,
646
7• ullpr, 10' -17' ht. NII, ..l1- banded,
6415
7' -4' ullpr (at owner's dl.cratlon),
ht, NII, .II branched, 0413
7 caliper, l0•17' lt., NII, all benched,
1316
!PACING ,a.6 81 CtIN CN PLAN
hei NII and burly to ba•.,
O 141
6' -8' Ieleht, NII and bud to ba•.,
141
6' -6' height, NII and bu.hy to base,
141
12' 44' height 8PECI(EN6, 11,11 and Intel-1y
to bas., 1548
!PACING A6 NOTED
-4 height, 11)11 and bud to b•••,
15415 or container
15' -18' he MI and b
646 or cd planU� X' oust.
3' -4' height, NII well- br•rd,.d,
15 46 or cool.. n.', planted 6' o
17 -15• held., NII and bushy
6415 or container, planted 4 oo.
74 -30' held&,
646 Ot nr, pl.nl.d 4 00.
74'-30' height and spread, NII and bu.hy,
818 or conunr, planted 4' on
74 -30' helg♦tl N b
II and ohy, 88
4 or
container, p anted
74 -30' height NII 6 0 6413
c or
at.,. eta., platted
74 -30' Fright, NII and bushy, 648 or
contanr, planted 8' oc
74.30• height, NII and bu dy, 848 or
contain, planted 4' or..
74 -30' height, full sod bushy, 84D or
eo.lalrer, p1 nt.d 4' oo.
74.30' height, NII and bushy, 1548 or
contain, planted 3' ac
74 -50' Fright, MI and bushy, 818 or
contour, plant..d 4' oa
I6 -74° apreaa, NII and bushy, 848 or
cont.t,er, planted 3' oe.
34 -30' .prod, Nil and bushy, 848 or
conlamer, plated 4' oo.
0-74' spread, NII and bushy, 848 or
contairtr, planted 3' oo.
74 -58' H. and spread, full and bushy
15115 or coned item, planted 8' oa
71' -74' height, NII and bushy, 816 or
cartanr, planted 3' 00.
74.30• FL and •}read, NII and bushy,
1548 or container, planted 8' oo.
74 -30' hl. and spread, MI attd bushy,
848 or container, plenl.d 4' bo.
16'-18' /IL Ind spread, 011 and bushy,
848 or container, plant.d,4' oo.
ICI ERE Cdat'YW0OVER /6 644C1[K lr 6.4:2tLD DE PLANTED 11•d7ER ALL TREE! AND 6I-0:115.5 r err
•('polo •1 24' on comer
plain n drift. or 70.50 or the
*am..pociw
30% 4' pots 74' or..
30% A pole 74' or.
t
7011 I g a l, pot. 56' 00.
7os 4' pot. 74' oz,
I gallop pots at )t'
on carne
I gallon pot., NII and bushy, u+- ..hwn
I gallon pot., plant •dIac•nt tall where .hoar.
SUMMARY OF ORDINANCE
No. 2069
City of Tukwila, Washington
On November 22, 2004, the City Council of the City of Tukwila, Washington,
adopted Ordinance No. 2069 the main points of which are summarized by its title as
follows:
An ordinance of the City Council of the City of Tukwila, Washington, amending
the City of Tukwila's Zoning Map from Low Density Residential (LDR) to Manufacturing
Industrial Center /Light (MIC /L) at the property located at the western terminus of South
126 Street and between Tukwila International Boulevard and 34 Avenue South;
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 on November 22, 2004.
Jan E. Cantu, CMC, City Clerk
Published Seattle Times: 11/26/04