HomeMy WebLinkAboutPermit 90-02-R - MCLEOD DEVELOPMENT - EXHIBITION FACILITY REZONE90-02-r
7301 south 158th street
90-02-cpa
epic-26-90
mcleod exhibition facility
COMPREHENSIVE LAND USE PLAN AMENDMENT
COMPREHENSIVE PLAN AMENDMENT
ZONING CODE AMENDMENT
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. /6 .2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING THE
COMPREHENSIVE LAND USE MAP FROM PARKS AND
OPEN SPACE AND PUBLIC FACILITY TO
COMMERCIAL, AND REZONING FROM R -A TO C-2" FOR
CERTAIN PROPERTIES.
WHEREAS, Stuart McLeod, hereinafter referred to as "McLeod ", is the owner of real
property located in Section 25 Township 23 and Range 4 in the City of Tukwila, Washington,
and
WHEREAS, the property has a Comprehensive Plan Land Use Map designation of Parks
and Open Space and Public Facility and a zoning designation of R -A, Agricultural, and
WHEREAS, McLeod applied for an amendment of the Comprehensive Plan Land Use
Map designation for the property to Light Industry and for a rezone of the property to M -1, Light
Industry under City File Nos. 90 -2 -R and 90-2 -CPA, and
WHEREAS, the City's SEPA responsible official has determined that significant adverse
environmental impact as a result of the proposed changes to the Comprehensive Land Use Plan
Map and the official zoning map can be mitigated, and
WHEREAS, the Planning Commission held a public hearing on November 21, 1991
concerning the proposed Comprehensive Plan Land Use Map change and the rezone of the
property as requested by McLeod and at the conclusion of said public hearing, adopted Findings,
Conclusions and a recommendation to the City Council to approve the request with
modifications and conditions, and
WHEREAS, there are two parcels owned by utility companies and developed with
utilities within the Parks and Open Space area and the RA district, which would remain islands
of Parks and Open Space on the Comprehensive Land Use Map and agricultural zoning unless
included in action, and
WHEREAS, the City Council held a public hearing on December 16, 1991 to consider
the Planning Commission's recommendation, and
4
WHEREAS, the City Council felt that a Commercial Comprehensive Land Use Plan
Map designation and the uses of the C -2 zone would be more appropriate for the area and would
allow McLeod his proposed use for the property, and
WHEREAS, the City Council held an additional public hearing on February 3, 1992,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The Council hereby adopts the Findings
and Conclusions attached hereto as Exhibit A and incorporated herein.
Section 2. Comprehensive Land Use Plan Map Amended The Comprehensive Land Use
Plan Map of the City of Tukwila, adopted by Ordinance No. 1039, is hereby amended by
changing the designation of properties generally bounded by the Burlington Northern and Union
Pacific Railroad rights -of -way, the northern property line of the Seattle Water Department's
Cedar River pipeline, and a line that follows the northern limits of the wetland edge and buffer of
a type 1 wetland on the City's zoning map and more particularly described on Exhibits B, C, and
D, and as shown on Exhibit E and attached hereto and incorporated herein by this reference as if
set forth in full from Parks and Open Space and Public Facility to Commercial.
Section 3. Zoning Map Amended. The Official Zoning Map of the City of Tukwila as
adopted by Ordinance No. 1247 is hereby amended to change the zoning classification for the
property described on Exhibits B, C, and D, and as shown on Exhibit E, from R -A, Agricultural
to C -2 Regional Retail Commercial.
Section 4. Conditions of Action. The Mayor is hereby authorized to execute and the City
Clerk to attest to, certain agreements as described in Findings, Conclusions and Decision of the
City Council, Exhibit A, and incorporated herein by this reference as if set forth in full.
Section 5. Duties of Director of Community Development. The Director of Community
Development is hereby instructed to make the necessary changes to the Comprehensive Land
Use Plan Map and the Official Zoning Map of the City to reflect the changes authorized by this
ordinance.
Section 6. Severability. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of an other
section, sentence, clause or phrase of this ordinance.
Section 7. 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 (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL cg, THE CITY OF T KKWILA, WASHINGTON, at a
Regular Meeting thereof this -..„2r. 1 day of ',f , 1992.
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By L '1i i >ti t. f—vic
FILED WITH T CITY CLERK: y -0 —
PASSED BY THE CITY COUNCIL; t/ —pow 9 'Z-
PUBLISHED: - Y
EFFECT VE DATE: 5 99 Z
ORDINANCE NO.: /6, a ,
W. Rants, Mayor
FINDINGS, CONCLUSIONS AND DECISION OF THE CITY COUNCIL
90-2 -CPA AND 90 -2 -R: MCLEOD EXHIBITION FACILITY
VICINITY /SITE INFORMATION
1. project Description: Comprehensive Land Use Policy Plan Map redesignation from
Parks and Open Space and Public Facility to Light Industry and rezone from R -A -
Agricultural to M -1 - Light Industry. (Applicant is also proposing a 250,000 square foot
exhibition facility which would be reviewed by the Board of Architectural review at
some future date.)
2. Existing Development: Undeveloped
3. Surrounding Land Use:
Immediate Vicinity
Abutting the site on the east and west are mainline railroad tracks for the Union Pacific
and Burlington Northern Railroad Companies.
A large, type 1, high value wetland runs from the south portion of the site to
approximately 180th street.
Graveled parking areas, pasture, that in places has been used for a dump site for
construction waste and dirt and the Seattle Water Department Cedar River pipeline right -
of -way abut the north end of the subject site.
Several trails run through the site that have been used, it appears, by racetrack
enthusiasts.
The.Puget Power Nelson termination station lies in the center of the site.
Surrounding vicinity:
East of Burlington Northern is Longacres Racetrack, which is in its next to last year of
operation at the site, to be replaced with Boeing Company facilities. In addition to the
campus office setting proposed for the Boeing Company are mid -rise and single story
offices and warehouses and undeveloped parcels in the Renton area.
West of the subject site along West Valley Highway are commercial facilities including
hotels and restaurants. There are also several homes remaining in the area. Farther south
on the highway, away from the I -405 interchange, are light industrial, office and
distribution uses.
4. Terrain: Flat
5. Vegetation: A tree survey shows that the majority of trees are located within 100 feet of
the east and west property lines. Ditches were dug along the sides of the site presumably
to drain the properties, hence the tendency to foster mature vegetation. The survey
identifies cottonwoods and chestnuts but there are also willow and ash. The other
vegetation are pasture grasses and wetland plants and shrubs.
6. Access: There is no access via a public right -of -way to the parcels. There is however
potential access from Strander Boulevard, which terminates 200 feet east of the site. 100
foot wide rights -of -way for Puget Power and Union Pacific Railroad separate the subject
site from public road right -of -way.
Exhibit A Page 1
7. Utilities: There are numerous underground and overhead ulity lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and adequate to
serve the site. The storm drainage plan for this drainage basin would need to be revised
to reflect a change in land use. There is a Metro sanitary sewer line on the north parcel.
According to the applicant there is a buried telephone cable along the western border of
the site.
A separate parcel of Agricultural and RA property exists adjacent to the north boundary
of the subject site that is owned by the Seattle Water Department for the Cedar River 60
inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a termination
station within the southern parcel of the subject request.
8. public Facilities: The Interurban Bike and Pedestrian Trail will be constructed within the
Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
1. The subject site was annexed to the City of Tukwila as a result of the Renton/Tukwila
Boundary Adjustment in January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their Commercial
Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA - Agricultural, to
make it consistent with Tukwila's Parks and Open Space Comprehensive Plan
designation for the site. Therefore there is inconsistency between the two
Comprehensive Plans for the same property.
2. Two parcels of R -A zoning other than the applicants' exist within the R -A district and
adjacent to the M -1 district. Conversations with representatives of the property owners
indicate that they are not against being redesignated and rezoned. Seattle Water would
not object if the change does not result in additional costs to them or change or create a
nonconforming status and Puget Power feels it would be appropriate for their property to
reflect the zoning of adjacent parcels.
3. The wetlands located on the rezone site and on the larger exhibition facility site were a
factor in the environmental review. The Sensitive Areas Overlay Zone provides the
regulations and standards for these areas.
A wetlands report was prepared and the wetlands were identified and delineated in the
field. The applicant proposes expanding the type 1 wetland to accommodate
compensatory mitigation for filling several type 3 wetlands located in the north section of
the exhibition project site. The applicant has also requested a reduction of the buffer
width which will be reviewed when the detailed mitigation plan is submitted with an
actual development plan.
COMPREHENSIVE PLAN MAP DESIGNATIONS
Parks and Open Space represent public parks, recreation facilities, school playgrounds,
and other public open spaces, including agricultural lands under open space taxation.
Commer1 areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
Light Industrial is intended for areas characterized by distributive and light
manufacturing uses, commercial and office uses.
Exhibit A Page 2
Public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
FINDINGS ON COMPREHENSIVE PLAN AMENDMENT CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the enabling legislation
for Comprehensive Planning in optional code cities, review standards from court cases give
instruction for comprehensive plan amendments and rezones. • •
Those standards are listed below in bold.
1. Unforseen changes in circumstances have occurred in community conditions that justify
a Comprehensive Plan redesignation of the subject property or existing plan policies.
Access agreements between the applicant and Union Pacific and Puget Power have been drafted
and copies have been supplied to the City. The applicant awaits development approvals prior to
executing the agreements.
Documentation of industrial property shortage has not been submitted.
The Comprehensive Plan anticipates a Strander Extension through the site via a Public Facility
designation on the Land Use Map and "Secondary Arterial" route shown on the Circulation Map.
The most significant change is the relocation, after the 1992 racing season, of the Longacres
racetrack, which has been a regional facility since 1933. It will be replaced by a Boeing
Company development.
2. Factual evidence supports an additional or changed public need for the proposed
designation.
There is no known error in the factual basis of the Plan. The applicant's response does not
address a changed or additional public need for the industrial land.
3. Analyze the Tukwila Comprehensive Land Use Policy Plan and discuss the policies that
'relate to the requested amendment.
Goal 2 (page 12) - the City should achieve a balance between regional goals and local aspirations
... Tukwila is an inseparable part of a larger region. Tukwila's policies should provide for the
enhancement of regional goals.
Goal 4 (page 12) - the City's plans should be coordinated with those of other jurisdictions.
The King County Comprehensive Plan does not designate the site as agricultural but
instead as urban. The regional plan concludes that agriculture uses are most productive
in large agricultural communities where there is a support network. The Plan focuses its
efforts on conserving farmlands within designated Agricultural Districts in order to
minimize conflicts between disparate uses. In the County's Plan, the subject site is
designated as urban and not as an agricultural district.
The City of Renton Comprehensive Plan designates the area around Longacres Racetrack
as Commercial and the rest of the area surrounding the racetrack as Manufacturing Park/
Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander Boulevard.
POLICY REVIEW
Natural Environment Element General Goal 2 (page 15) use and preserve the natural .. .
resources of the physical environment in a wise and posterity oriented manner.
Exhibit A Page 3
Policy 4 (Page 25) Encourage the retention of agricultural lands.
The policy comment further explains, "encourages the cultivation of valley soil for
farming ... discourages the premature displacement of existing farmlands." underline
added)
Objective 2. (page 25) Promote the retention and preservation of highly suitable areas for
wildlife habitat and natural area.
Policy 1. (page 25) Strive to retain viable areas of wooded hillsides, agricultural lands, wetlands,
Objective 4. (page 27) Realize the ability of natural ... marshes to handle storm runoff while
acting as significant natural amenities.
Commerce/Industry Element
Policy 2, (page 60) Allow for the location of new commercial and industrial areas and the
expansion of existing ones when this expansion is compatible with surrounding land use and not
detrimental to the public welfare.
Objective 5. (page 66) Recognize agriculture as an economic use of land.
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban use of the land, it certainly has
its place in the area's economy."
Policy 1, (page 66) Encourage the continuation of productive agricultural use of land until
orderly conversion to urban usage occurs. (underline added)
The policy comment further explains, "It is recognized that much of the land in the
Tukwila area will eventually give way to planned and orderly expansion of urban uses.
However it would be desirable to maintain the land in a productive agricultural use until
this conversion occurs."
COMPREHENSIVE LAND USE MAP CONCLUSIONS
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for an
agricultural district in the area. Furthermore, the subject site is not now in active agricultural
use. Therefore the Open Space designation is not needed for agricultural purposes.
2. No programs or regulations have been implemented to preserve agricultural land within the
City of Tukwila and the subject site's property owners have not entered the site into the
Agricultural Assessment Program.
3. Policy 1, page 66 anticipates conversion of and supports the requested redesignation from
Parks and Open Space to urban uses.
4. When Strander Boulevard right -of -way is dedicated and the road is developed the site will
have frontage to the cross valley arterial. With construction of the Boeing Company facility, the
property will be largely surrounded by commercial and industrial uses.
5. Policy 1, page 60 states: "Encourage the grouping of uses which will mutually and
economically benefit each other or provide necessary services." The policy is meant to
encourage groupings of complementary uses and thereby maximize the drawing power or
reputation of each grouping - comment explains that most business land uses when grouped,
complement one another since the clientele drawn to one will frequent others.
Exhibit A Page 4
Access to the site from Tuxwila will be along arterials which in this area are developed with
commercial services.
6. The City is committed to its Natural Environment Element policies through implementation
of regulations preserving wetlands and other natural resources. Therefore retaining a Parks and
Open Space designation for the wetland located on the southern section of the one parcel would
be a consistent choice with the policies and regulations regarding wetlands.
It is not appropriate to designate all sensitive areas with a Parks and Open space designation.
Because the subject wetland is a part of a much larger system that exists as an RA site, it makes
sense to preserve the designation in this situation.
7. If Puget Power and City of Seattle Water parcels are not incorporated into the final map
changes in the area, they will remain as isolated areas of Open Space and agricultural zoning.
FINDINGS ON REZONE DECISION CRITERIA
1. The use of change in zoning requested shall be in conformity with the adopted
Comprehensive Land Use Policy Plan, the provisions of this title, and the public interest.
The requested rezone would be in conformance with the Plan if the proposed redesignation to the
Comprehensive Plan Map is approved.
2. The use or change in zoning request in the zoning map or this title for the establishment
of commercial, industrial or residential use shall be supported by an architectural site plan
showing the proposed development and its relationship to surrounding areas.
The applicant's site plan demonstrates that the property could be developed with a commercial
use.
SUPPLEMENTAL STATE SUPREME COURT REZONE CRITERIA TO BE
CONSIDERED
3. Significant changes have occurred in the character, conditions or surrounding
neighborhood that justify or otherwise substantiate the proposed rezone.
Longacres, a major landmark in the area, will be relocating out of the neighborhood, and pasture
or other support uses for horses will no longer be necessary.
According to the Comprehensive Plan, agricultural use and accompanying designation, while
having a place within the community, was not to prevent eventual urbanization of land.
The uses along West Valley Highway have redeveloped over the last five years from low
intensity uses to more intensive commercial uses.
4. The proposed rezone is in the best interest of the public health, safety and welfare as
compared to the hardship, such as diminution of property value, imposed on the individual
property owner.
The uses allowed in an RA zone are limited to single family dwellings on one acre parcels,
agricultural uses including horticulture, nurseries, field crops; breeding and raising livestock,
fowl or fur bearing animals; kennels or riding stables, provided the use has a minimum of five
acres.
These uses are not allowed elsewhere within the zoning code, so the opportunity for those uses
such as riding stables and academies or polo fields, which would be a service to an urban
population would be reduced.
Exhibit A Page 5
Several areas of RA remain within the City Limits - Foster Golf course, Fort Dent, and the area
bounded on the north by 178th, on the east by 57th (Southcenter Pkwy) and the eastern and
southern city limits.
There is also a King County designated agricultural district located between the City's southern
limits and the Kent limits. This district effectively is extended into Kent because of the
agriculturally zoned lands within Kent and the limitation of urban services from Kent to the east
side of the Green River.
5. The unimproved subject property is unsuitable for the purpose for which it has been
zoned considered in the context of the length of time the property has remained
unimproved and land development in the surrounding area.
The access and physical characteristics are as instrumental as the zoning in the developed versus
undeveloped nature of this property. Adjacent properties are being redeveloped and this site
would be a logical extension of that development.
REZONE CONCLUSIONS
1. If the Comprehensive Plan designation is changed, then the rezone would be in conformance
with the Plan.
2. C -2 zoning will be an appropriate zone for the site when Strander Boulevard is extended.
3. The relocation of Longacres, a major regional attraction and land use element of the
neighborhood, is an unforseen change that significantly impacts the area.
4. Agricultural zoning for the site, given the change that has occurred around the site and the
adjacent zoning and development, is inappropriate and would appear to be a hardship imposed
on the property owner.
DECISION
The City Council approves the Comprehensive Plan amendment and rezone applications as
modified to Commercial and C -2 for all but the area containing the type one wetland and its
buffer including the Seattle Water and Puget Power parcels, with the following conditions:
1. The applicant shall pay for an update of the Nelson/Longacres Storm Drainage Plan to
include the area of change at its highest and best use.
2. The applicant shall sign and record no protest L.I.D. agreements for storm, sanitary and water
improvements for the area.
3. The applicant shall record sufficient easement as determined by Tukwila Public Works
Department from the eastern terminus of Strander Boulevard to site, providing continuation of
Strander Boulevard and access to subject properties.
4. The applicant shall consolidate his separate tax parcels and or provide 60 foot dedicated right -
of -way to all parcels within rezone site.
5. The applicant shall sign and record an agreement to dedicate a 60 foot future road easement
across property to provide for extension of Strander Boulevard into the City of Renton and
dedicate the necessary right -of -way when requested by the City. Applicant also agrees not to
protest L.I.D. formation for Strander right -of -way extension improvements.
Exhibit A Page 6
LEGAL DESCRIPTION
MCLEOD PROPERTY
UPLAND AREA LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY
MEADER DONATION CLAIM N0. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND
THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN
SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M•, BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY
MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY .MAIN TUCK NTERLINE AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY
MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD
MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE
BOW LAKE PIPELINE RIGHT -OF »WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY
,DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION
THEREOF, DESCRIBED AS FOLLOWS:
BEGGINNING AT A POINT ON THE SOUTH .LINE OF SAID DONATION CLAIM AND THE
EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH
LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT
ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY
PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY
ALONG SAID RAILROAD RIGHT - OF-WAY TO THE POINT OF BEGINNING;
AND EXCEPT THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL .
THENCE N87 ° 51'26 "W ALONG A LINE DRAWN PARALLEL WITH AND DISTANT 330
FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT
LOT 11 282.98 FEET MORE OR LESS TO THE EAST MARGIN OF THE CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE
N1 ° 20'53 "W ALONG SAID EAST MARGIN 426.80 FEET TO THE POINT OF
BEGINNING; THENCE S87 52 187.54 FEET; THENCE S02 ° 07'28 "W 23.27
FEET: THENCE S87052'32 "E 121.29 FEET MORE OR LESS TO THE WEST MARGIN
OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF. -WAY AND THE TERMINUS OF
SAID LINE DESCRIPTION.
.SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
NELSON CABLE TERMINATION SITE
the County of Icing, State of Washington:
That. portion of the Henry Meader Donation Claim #46
in the North Is of the Northwest /d of Section.25,
Township 23 North, Range 4 East, W.M., described as
follows:
Beginning at'a point on the south line of said Do-
nation Claim and the east margin of the C .M.St .P.& P.
railroad right of way= thence easterly 120 feat along
the south line of said Donation claims thence northor-
ly at right angle a distance of 80 feet, thence wes-
terly parallel with the south line of said Donation
claim to the easterly margin of the C.M.St.P. &P. rail -
road right of way, thence southerly along said railroad
right of way to the point of beginning.
PUGET POWER
EP27.44.1
CITY OF SEATTLE WATER
CEDAR RIVER PIPELINE
SEATTLE WATER DEPARTMENT"
All that portion of the 30 foot wide strip of land within the Henry
A. Meader (also appearing as Meador) Donation Land Claim No. 46 in
Section 25, Township 23 North, Range 4 East, W.M., in King County,
Washington, deeded to the City of Seattle, in fee simple estate;
by that Warranty Deed recorded under recording Number 4131067 of
King County records as recorded'ln Volume 3044 at Page 232 for Cedar
River Pipeline #4 Right -of -Way (formerly known as the Bow Lake
Pipeline Right -of -Way) between the easterly line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Right -of -Way and the
westerly line of the Burlington Northern Railroad Right -of Way
(formerly known as the Northern Pacific Railroad Right -of- Way)..
STRA
Scala 1•=200'
%AVIV• • OP ✓ .re .5,
1L survey revf
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SEC 25; T23N,
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Applicant's Site
Puget Power
Seattle Water Line
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EXHIBIT E
Published: Valley Daily News, 4/26/92
6)—
SUMMARY OF ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING THE COMPRE-
HENSIVE LAND USE MAP FROM PARKS AND OPEN
SPACE AND PUBLIC FACILITY TO COMMERCIAL, AND
REZONING FROM R -A TO C -2 FOR CERTAIN PROPERTIES.
On - Z i / , the City Council of the City of Tukwila passed Ordinance No.
//. , amending the Comprehensive Land Use Map from Parks And Open Space and
Public Facility to Commercial, and rezoning from R -A to C -2 for certain properties; providing
for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge , to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 01 y' .
..."--,r,z<ze—
Jarpe E. Cantu, City Clerk
,'ukwila City Council - Regular Meeting
February 3, 1992
Page 2
Citizens Comments (con's)
CONSENT
AGENDA
PUBLIC HEARINGS
Comprehensive Plan Amendment
and Rezone - McLeod
Exhibition Facility
Mrs. Gardner the matter would be added to the Transportation Committee
agenda for discussion.
Roger Baker, 11662 - 42nd Ave. So., announced that Metro will be meeting
in Duwamish on February 6th regarding the transfer line they want to
construct in the area. Mr. Baker also requested Council consider holding a
one day cleanup service in the spring as they have in the past.
a. Approval of Vouchers
b. Approval of Minutes: 1/20/92
General Fund $66,807.72
City Street 7,301.72
Arterial Street 20,757.12
Land Acq., Building, Dev. 2,500.00
Water Fund 93.65
Sewer Fund 353.22
Water /Sewer Construction 9,081.60
Foster Golf Course 4,470.71
Surface Water (412) 246.52
Equipment Rental 3,287.98
Firemen's Pension Q,1X1
TOTAL • $114,900.24
MOVED BY DUFFLE, SECONDED BY HERNANDEZ, TO APPROVE
THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED.
Mayor Rants opened the public hearing at 7:22 p.m. Council is asked
to approve a comprehensive land use policy plan map change from
Parks and Open space and public facility to commercial and from R -A
Agriculture zoning to C -2 Regional Retail zoning on Tax parcels 21,
6,36 and a portion of 17 in Section 25, Township 23, Range 4. The
contiguous parcels form a rectangular area between the Union Pacific
and Burlington Northern railroad tracks east of West Valley Highway, west
of the Renton city limits generally perpendicular with an extension of
Strander Boulevard. The combined parcels total approximately 9.45 acres
and includes the Puget Power Nelson Substation and a portion of the City of
Seattle water pipeline. Associate Planner Moira Bradshaw briefly reviewed
the existing comprehensive plan and the proposed comprehensive map
changes. Council held a public hearing in December, 1991, to consider the
Planning Commission's recommendation for modified approval of the
applicant's request for a Comprehensive Plan map change and a rezone of
his property. The Planning Commission also recommended including the
adjacent Seattle Water Department's parcel and the Puget Power parcel and
to limit the area of change to that area outside the type 1 wetland, and any
additional wetland created due to mitigation from off -site and the required
buffer. Ms. Bradshaw explained the action requested of Council at this
meeting is a motion to approve an action with adoption of findings and
conclusions, and requesting the Mayor to submit the final ordinance to the
Consent Agenda for final action. The change is limited to the area outside
of the wetlands.
Don Miles, Project Engineer, 15828 SE 24th St., Bellevue, explained the
Planning Commission recommended the rezone line fall on the wetlands
boundary line. Mr. Miles stated he favored this change as the buffer line is a
variable line. The C -2 designation will allow the applicant to proceed; they
will develop the project on both the M -1 and C -2 parcels. The particular
building of the project will occur on the M -1 parcel.
There being no opponents to the project in the audience, Mayor Rants closed
the hearing at 7:32 p.m.
Tukwila City Council - Regular Meeting
February 3, 1992
Page 3
public Hearings (can't),
Comprehensive Plan Amendment
and Rezone - McLeod
Exhibition Facility
OLD BUSINESS
Res. #1199 - Supporting
the South Central and
Highline School Districts
Special Elections
Res. #1200 - Establishing
Policies for Provision
of Utility Connection
Assistance
Formal Motion 92 -FM001
Reducing the General
Property Tax Allocation
Providing the Annexation
to the King County
Library District is
Successful
MOVED BY HERNANDEZ, SECONDED BY LAWRENCE, TO
ADOPT THE FINDINGS AND CONCLUSIONS AND PLACE
THE ORDINANCE ON THE NEXT CONSENT AGENDA
REFLECTING THE COMPREHENSIVE PLAN AND THE
ZONING CHANGE TO C -2; AND THE CHANGE BE LIMITED TO THE
AREA OUTSIDE OF THE WETLAND; AND THE BOUNDARY BE AS
CLOSE TO THE WETLAND EDGE AS POSSIBLE.*
Councilmember Robertson questioned the location of the southern
boundary. Ms. Bradshaw explained that the proposed ordinance designates
the boundary on the wetland edge. There is an existing irregular wetland
edge. The applicant will be relocating some type III wetlands and
expanding the type I wetland. That creates a geometric straight line edge
which is fine for zoning purposes.
Councilmember Mullet clarified that no matter where the boundary is
designated for the zoning, it really won't affect the wetlands.
For clarification, Mrs. Hernandez stated the intent of the motion was that the
boundary be as close to the wetland as possible.
Ms. Bradshaw added that as part of the rezone request the applicant is
signing and recording a no protest LID for sewer, water, storm and sanitary
improvements in the area.
*MOTION CARRIED.
MOVED BY ROBERTSON, SECONDED BY DUFFLE, THAT
THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.
MOTION CARRIED.
City Attorney Mike Kenyon read A Resolution of the City Council of
the City of Tukwila, Washington, supporting the South Central School
District No. 406 and the Highline School District 401 school program
levy election and urging all eligible voters to vote for schools in the
February 4, 1992 Special Election.
MOVED BY DUFFLE, SECONDED BY HERNANDEZ, TO
APPROVE RESOLUTION NO. 1199 AS READ. MOTION
CARRIED.
MOVED BY ROBERTSON, SECONDED BY DUFFIE, THAT
THE PROPOSED RESOLUTION BE READ BY TITLE ONLY.
MOTION CARRIED.
Attorney Kenyon read A Resolution of the City Council of the City of
Tukwila, Washington, establishing a Residential Utility Connection
Assistance Program and providing for guidelines and policies for the
administration of same.
MOVED BY EKBERG, SECONDED BY DUFFIE, TO APPROVE
RESOLUTION NO. 1200 AS READ. MOTION CARRIED WITH
LAWRENCE VOTING NO.
Mayor Rants read A Formal Motion to reduce the general property
tax allocation in 1993, providing the March 10, 1992 annexation to the
King County Library District is successful.
WHEREAS, the City has determined that annexation is the preferred
option to provide library service per Ordinance No. 1619, and
WHEREAS, the City agrees to reduce general property taxes in
1993 by an amount based on the 1990 contract formula. THE CITY
COUNCIL OF TUKWILA, WASHINGTON, HEREBY MOVES: That the
general property taxes are to be reduced by $310,000 or
approximately 14 cents per thousand of assessed valuation in 1993 for
Tukwila taxpayers, if there is a successful annexation vote on
March 10, 1992.
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CITY OF TUKWILA
6200 SOUTNCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA
DETERMINATION:
PLANNING STAFF:
ATTACHMENTS:
22 August 1991
2. Rezone from RA to M -1
Moira Carr Bradshaw
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared 15 August 1991
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Stuart McLeod
PFIU: \'E ? 6.433 -i m f;ary 1.. l nlms n, dlasor
1. Change Comprehensive Plan Designation from Open
Space and Public Facility to Light Industrial
The two parcels are bounded on the north by a lot line
approximately 550 feet north of an extension of Strander
Boulevard, on the east by Burlington Northern Railroad (BN)
tracks, on the west by Union Pacific Railroad (UP) tracks and
on the south by a lot line 750 feet south of an extension of
Strander Boulevard.
Mitigated Determination of Nonsignificance
A. Comprehensive Plan Map
B. Zoning Map
C. Site Plan
D. Recommended Comprehensive Plan Map & Zoning
District Map
E. SEPA Mitigating Measures
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 2
FINDINGS
VICINITY /SITE INFORMATION
Project Description: Comprehensive Land Use Policy Plan Map redesignation
from Parks and Open Space and Public Facility to Light Industry and rezone from
RA - Agricultural to M -1 - Light Industry. (Applicant is also proposing a 250,000
square foot exhibition facility which would be reviewed by the Board of
Architectural review at some future date.)
Existing Development: Undeveloped
Surrounding Land Use:
Immediate Vicinity:
Abutting the site on the east and west are mainline railroad tracks for the Union
Pacific and Burlington Northern Railroad Companies.
A large, type 1, high value wetland runs from the south portion of the site to
approximately 180th street.
Graveled parking areas, pasture, that in places has been used for a dump site for
construction waste and dirt and the Seattle Water Department Cedar River
pipeline right -of -way abut the north end of the subject site.
Several trails run through the site that have been used, it appears, by racetrack
enthusiasts.
The Puget Power Nelson substation lies in the center of the site.
Surrounding vicinity:
East of Burlington Northern is Longacres Racetrack, which is in its next to last
year of operation at the site, to be replaced with Boeing Company facilities. In
addition to the campus office setting proposed for the Boeing Company are mid -
rise and single story offices and warehouses and undeveloped parcels in the
Renton area.
West of the subject site along West Valley Highway are commercial facilities
including hotels and restaurants. There are also several homes remaining in the
area. Farther south on the highway, away from the I -405 interchange, are light
industrial, office and distribution uses.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 3
Terrain: Flat
Vegetation: A tree survey shows that the majority of trees are located within 100
feet of the east and west property lines. Ditches were dug along the sides of the
site presumably to drain the properties, hence the tendency to foster mature
vegetation. The survey identifies cottonwoods and chestnuts but there are also
willow and ash. The other vegetation are pasture grasses and wetland plants and
shrubs.
Access: There is no access via a public right -of -way to the parcels. There is
however potential access from Strander Boulevard, which terminates 200 feet east
of the site. 100 foot wide rights -of -way for Puget Power and Union Pacific
Railroad separate the subject site from public road right -of -way.
Utilities: There are numerous underground and overhead utility lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and
adequate to serve the site. The storm drainage plan for this drainage basin would
need to be revised to reflect a change in land use. There is a Metro sanitary
sewer line on the north parcel. According to the applicant there is a buried
telephone cable along the western border of the site.
A separate parcel of Agricultural and RA property exists adjacent to the north
boundary of the subject site that is owned by the Seattle Water Department for
the Cedar River 60 inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a
substation within the southern parcel of the subject request.
Public Facilities: The Interurban Bike and Pedestrian Trail will be constructed
within the Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
The subject site was annexed to the City of Tukwila as a result of the
Renton/Tukwila Boundary Adjustment in January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their
Commercial Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA -
Agricultural, to make it consistent with Tukwila's Parks and Open Space
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 4
Comprehensive Plan designation for the site. Therefore there is inconsistency
between the two Comprehensive Plans for the same property.
Conversations with representatives of the two utilities adjacent to the subject site
indicate that they are not against being redesignated and rezoned. Seattle Water
would not object if the change does not result in additional costs to them, and
Puget Power feels it would be appropriate for their property to reflect the zoning
of adjacent parcels.
The wetlands located on the rezone site and on the larger exhibition facility site
were a major issue. The Sensitive Areas Overlay Zone provides the regulations for
these areas.
A wetlands report was prepared and the wetlands were identified and delineated
in the field. The applicant proposes expanding the type 1 wetland shown on
Attachment C to accommodate compensatory mitigation for filling several type 3
wetlands located in the north section of the exhibition project site. The applicant
has also requested a reduction of the buffer width which will be reviewed when
the detailed mitigation plan is submitted with an actual development plan.
COMPREHENSIVE PLAN MAP REDESIGNATION
Attachment A shows the Comprehensive Land Use Policy Plan designations for the land
around the subject site. Below are descriptions of what the Tukwila designations mean.
Parks and Open Space represent public parks, recreation facilities, school
playgrounds, and other public open spaces, including agricultural lands under open
space taxation.
Commercial areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
Light Industrial is intended for areas characterized by distributive and light
manufacturing uses, commercial and office uses.
Public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
DECISION CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 5
enabling legislation for Comprehensive Planning in optional code cities, review
standards from court cases give instruction for comprehensive plan amendments
and rezones.
Those standards are listed below in italics and are followed by the applicant's
response. The applicant bears the burden of proof in demonstrating the need for
a change and supporting the request.
1. Unforseen changes in circumstances have occurred in community conditions that justify a
Comprehensive Plan redesignation of the subject property or existing plan policies.
The applicant responds, "The property owner has secured access via the
extension of Strander Boulevard, thus property which presently adjoins an
M -1 use and which was previously zones (sic) commercial in Renton can be
easily developed into industrial property which is in short supply.
Access agreements between the applicant and Union Pacific and Puget Power
have been drafted and copies have been supplied to the City. The applicant
awaits development approvals prior to executing the agreements.
Documentation of industrial property shortage has not been submitted.
The Comprehensive Plan anticipates a Strander Extension through the site via a
Public Facility designation on the Land Use Map and "Secondary Arterial" on the
Circulation Map.
The most significant change is the relocation, after the 1992 racing season, of the
Longacres racetrack, which has been a regional facility since 1933. It will be
replaced by a Boeing Company development.
2 Factual evidence supports an additional or changed public need for the proposed designation.
The applicant responds, "Applicant's project, which will serve the public as
a place to exhibit products and interests, requires a large area parcel to
accommodate the facility and this land adjoins 14.3 acres also in the
proposed project site. Increase City revenue anticipated when complete.
The applicant's response does not address a changed or additional public need for
the industrial land.
3. Analyze the Tukwila Comprehensive Land Use Policy Plan and discuss the policies that relate to
the requested amendment.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 6
The applicant responds, " The General Goal of the City of Tukwila
Comprehensive Plan encourages City expansion using the land as best
suited thereby developing a healthy economic climate while striking a
balance with the environment. The use should consider the regional setting
of Tukwila, but should meet the goals of the local citizens without stressing
City services. The Exhibition Facility concept will increase City revenue
with its increase in evaluation (sic). Its operation will provide jobs and
income. Identified sensitive areas will be set aside as open space. And the
site presently having general utility service will place minimal burden on
City services. (pages 12 & 13)
The goals the applicant summarizes above are more specifically:
Goal 2 (page 12) - "the City should achieve a balance between regional goals and
local aspirations ... Tukwila is an inseparable part of a larger region. Tukwila's
policies should provide for the enhancement of regional goals."
Goal 4 (page 12) - "the City's plans should be coordinated with those of other
jurisdictions."
The King County Comprehensive Plan designates the site as urban and not
agricultural. The regional plan concludes that agriculture uses are most
productive in large agricultural communities where there is a support network.
The Plan focuses its efforts on conserving farmlands within designated Agricultural
Districts in order to minimize conflicts between disparate uses. In the County's
Plan, the subject site is designated as urban and not as an agricultural district.
The City of Renton Comprehensive Plan designates the area around Longacres
Racetrack as Commercial and the rest of the area surrounding the racetrack as
Manufacturing Park/ Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander
Boulevard.
POLICY REVIEW
Natural Environment Element
General Goal 2 (page 15) "use and preserve the natural...resources of the physical
environment in a wise and posterity oriented manner. "
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 7
Policy 4 (Page 25) "Encourage the retention of agricultural lands.
The policy comment further explains ", encourages the cultivation of valley soil for
farming... discourages the premature displacement of existing farmlands."
underline added)
Objective 2. (page 25) "Promote the retention and preservation of highly suitable
areas for wildlife habitat and natural area."
Policy 1. (page 25) "Strive to retain viable areas of wooded hillsides, agricultural
lands, wetlands, ..."
Objective 4. (page 27) "Realize the ability of natural ... marshes to handle storm
runoff while acting as significant natural amenities."
Commerce/Industry Element
CONCLUSIONS
Policy 2, (page 60) "Allow for the location of new commercial and industrial areas
and the expansion of existing ones when this expansion is compatible with
surrounding land use and not detrimental to the public welfare."
Objective 5. (page 66) "Recognize agriculture as an economic use of land."
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban use of the land, it
certainly has its place in the area's economy.
Policy 1, (page 66) "Encourage the continuation of productive agricultural use of
land until orderly conversion to urban usage occurs." (underline added)
The policy comment further explains, "It is recognized that much of the land in
the Tukwila area will eventually give way to planned and orderly expansion of
urban uses. However it would be desirable to maintain the land in a productive
agricultural use until this conversion occurs."
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for
an agricultural district in the area. Furthermore, the applicant is not now in an
active agricultural use. Therefore the Open Space designation is not needed for
agricultural purposes.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 8
2. No programs or regulations have been implemented to preserve agricultural land
within the City of Tukwila and the subject site's property owners have not entered
the site into the Agricultural Assessment Program.
3. Policy 1, page 66 anticipates conversion of and supports the requested
redesignation form Parks and Open Space to urban uses.
4. The designation of light industrial is appropriate because the site lies between two
railroad mainlines and is adjacent to a utility substation. When Strander is
developed, the site will have limited access to the cross valley arterial because of
topographical constraints of crossing the Burlington Northern railroad track. With
construction of the Boeing Company facility, the property will be largely
surrounded by commercial and industrial uses.
5. The City is committed to its Natural Environment Element policies through
implementation of regulations preserving wetlands and other natural resources.
Therefore retaining a Parks and Open Space designation for the wetland located
on the southern section of the one parcel would be a consistent choice with the
regulations regarding wetlands.
It is not appropriate to designate all sensitive areas with a Parks and Open space
designation. Because the subject wetland is a part of a much larger system that exists as
an RA site, it makes sense to preserve the designation in this situation.
6. If Puget Power and City of Seattle Water parcels are not incorporated into the final
map changes in the area, they will remain as isolated areas of Open Space and
agricultural zoning.
RECOMMENDATIONS
The Planning Division recommends the Planning Commission adopt the above finding
and conclusions and recommend approval of the Comprehensive Plan amendment and
redesignate the map from Parks and Open Space and Public Facility to Light Industrial.
DECISION CRITERIA
REZONE
Criteria are listed below in italics followed by the applicant's response. The
Planning Commission and City Council shall be guided by the following criteria in
granting a zoning map reclassification.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 9
1. The use of change in zoning requested shall be in conformity with the adopted Conzprehensive Land
Use Policy Plan, the provisions of this tide, and the public interest.
The applicant responds, "A Comprehensive plan revision is submitted with this
request. the request changes property to a commercial use similar to adjoining to
the north, it can be served easily City roads and utilities, provides in City industrial
land presently in short supply, provides for highest and best land use while
generating revenue for the City and a place for employment for a number of its
population."
If the Planning Commission recommends and the City Council approves the
requested Comprehensive Plan Map redesignation per the above findings and
conclusion, then the requested rezone would be in conformance with the Plan.
2 The use or change in zoning request in the zoning map or this title for the establishment of
contntercial, industrial or residential use shall be supported by an architectural site plan showing the
proposed development and its relationship to surrounding areas.
The applicant responds, "The subject parcel is a portion of an overall project site
plan which encompasses 23.45 acres on which the applicant has proposed to
construct an Exhibition Facility. The 9.15 acres will be used as a portion of the
proposed parking lot. Areas which have been determined to be apart of wetland
#12 will be left undeveloped in accordance with City Sensitive area review.
Property to east and west are railroad lines, to the north is M -1 zoned property
similar to that requested. to the south will be undeveloped wet lands."
Attachment C is the applicant's proposed site plan. However the applicant will be
required to revise the site plan per the SEPA comments and undergo BAR
review.
Should the site not be developed by the applicant, any use allowed in the M -1
zone could be developed on the site subject to code requirements. A new use
would also require a new SEPA review.
SUPPLEMENTAL STATE SUPREME COURT REZONE CRITERIA TO BE
CONSIDERED
3. Sibniiftcant changes have occurred in the character, conditions or surrounding neighborhood that
justify or otherwise substantiate the proposed rezone.
The applicant responds, "The transfer of the subject property to the City of
Tukwila from the City of Renton in 1987 accommodates and processing of
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 10
development requirements and utilities services. It also dictated that the use and
development of the property necessitates that agency approval come from the City
of Tukwila. Property for use in industrial zoning has become increasingly more
scarce in the inner Metropolitan (sic) and this property or portion threrof which
adjoins a similar use thus becomes logically available as its best use."
Longacres, a major landmark in the area, will be relocating out of the
neighborhood and pasture or other support uses for horses will no longer be
necessary.
According to the Comprehensive Plan, agricultural use while having a place within
the community, was not to prevent eventual urbanization of land.
The uses along West Valley Highway have redeveloped over the last five years
from low intensity uses to more intensive commercial uses and this site would be
the next contiguous parcels.
4. The proposed rezone is in the best interest of the public health, safety and welfare as compared to
the hardship, such as diminution of property value, imposed on the individual property owner.
The applicant responds, "Previous to 1987 the property was zoned B -1 (Business)
in the City of Renton. Returning the property to a similar commercial use returns
the property worth to a similar value. In turn allowing for the development of the
usable portion of the property will increase the tax base of the City thus its
income generated. Zoning changed to similar to that of adjoining property allows
for additional community jobs and services while at the same time increasing the
base land area base for division of access construction costs to this property and
that to north of same zoning. ie construction of S. 158th St and UPRR to north
of bridge and Strander extension for Fire and Police access."
The uses allowed in an RA zone are limited to single family dwellings on one acre
parcels, agricultural uses including horticulture, nurseries, field crops; breeding and
raising livestock, fowl or fur bearing animals; kennels or riding stables, provided
the use has a minimum of five acres.
These uses are not allowed elsewhere within the zoning code, so the opportunity
for those uses such as riding stables and academies or polo fields, which would be
a service to an urban population would be reduced.
Several areas of RA remain within the City Limits - Foster Golf course, Fort
Dent, and the area bounded on the north by 178th, on the east by 57th
(Southcenter Pkwy) and the eastern and southern city limits.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 11
There is also a King County designated agricultural district located between the
City's southern limits and the Kent limits. This district effectively is extended into
Kent because of the agriculturally zoned lands within Kent and the limitation of
urban services to the east side of the Green River.
5. The unimproved subject property is unsuitable for the purpose for which it has been zoned
considered in the context of the length of time the property has remained unimproved and land
development in the surrounding area.
The applicant's response: "The length of time in which the subject property (since
1987) does not have as much bearing on the property development as did the fact
the property was within the City of Renton but the utilities and access were most
accommodating from the City of Tukwila. The property probably should have
been zoned as M1 in Tukwila which would have been some what similar to the
Renton business zone but would have been compatible with the adjoining Tukwila
zoning, however the Glacier Park Co previous Owners rep., failed to follow -up on
the City boundary change notices. The jurisdiction of property now within the
City of Tukwila sets the stage for best use of the property."
The access and physical characteristics are as instrumental as the zoning in the
developed versus undeveloped nature of this property. Adjacent properties are
being redeveloped and this site would be a logical extension of that development.
CONCLUSIONS
1. If the Comprehensive Plan designation is changed, then the rezone would be in
conformance with the Plan.
2. The site plan, Attachment C, shows the compatibility of the proposed development to
the type of surrounding uses.
3. The relocation of Longacres, a major regional attraction and land use element of the
neighborhood, is an unforseen change that significantly impacts the area. In addition,
agricultural zoning for the site, given the change that has occurred around the site and
the adjacent zoning and development, is inappropriate and would appear to be a
hardship imposed on the property owner.
4. M -1, light industrial zoning, would be an extension of the M -1 district north of the
subject site. (Attachment B)
Staff Report to the
Planning Commission
RECOMMENDATION
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Page 12
5. The M -1 (Light Industrial) zoning would be more appropriate given the land's history
in Renton, and the lack of farming on the site or in the vicinity.
The Planning Division recommends that the Planning Commission adopt the findings and
conclusions of the staff report and:
1. Recommend approval of the rezone from RA (Agricultural) to M -1 (Light Industrial)
for that area outside the Type 1 wetland;
2. Recommend to the City Council a public hearing before the City Council when
considering the subject request in order to include the Seattle Water and Puget Power
property in the redesignation and rezone;
3. Completion of the following SEPA mitigating measures prior to recording ordinance
to change the zoning:
a. An agreement to dedicate the necessary right -of -way for the Strander extension
and to not protest formation of an road LID,
b. Dedicated access to the site, and
c. Consolidation of the two parcels or dedicating access to both parcels.
CITY OF TUKWILA
IT] PARKS & OPEN SPACE
COMMERCIAL
LIGHT INDUSTRIAL
PUBLIC FACILITIES
CITY OF RENTON
Li GREENBELT
COMMERCIAL
MANUFACTURING PARK/
MULTIPLE OPTION
1" = 600'
EXISTING
COMPREHENSIVE PLAN
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PARK E4 Si"
OW RR
TUKWILA LTMtTS
ANDOVER PARK
Llmon Pacific R
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RENTON ,LI
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ATTACHMENT
PARTIAL SITE PLAN
PEDESTRIAN ROUTES
SEC 21, 7220, 040, TTN
SERIES
C.M.ST.P a P. & UNION PAC
EPIC- 26 -90: MCLEOD EXHIBITION FACILITY
Comprehensive Plan Change and Rezone Mitigating Measures
1. Pay for the update of the Nelson /Longacres Storm Drainage Plan
to include the area of the Comprehensive Plan change at
highest and best use.
2. Sign and record no protest L.I.D. agreements for storm,
sanitary and water improvements for area.
3. Record 60 foot wide access easements from eastern terminus of
Strander Boulevard to site, providing continuation of Strander
Boulevard and access to subject properties.
4. Consolidate separate tax parcels and or provide 60 foot
dedicated right of way to all parcels within rezone site.
5. A signed and recorded agreement not to protest. L.I.D.
formation for Strander right -of -way extension improvements and
to dedicate the necessary right -of -way.
ATTACHMENT E
August 20, 1991
Mr. Rick Beeler
Planning Director
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Dear Mr. Beeler:
I would like to take this opportunity to express my support for the
development of the McLeod Public Exhibition Facility.
The location of this facility could certainlyy be a catalyst to help
promote employment and economic growth in the area. The project
would also be an anchor in our community and a compliment to
existing facilities.
I would thank you for your support.
Sincerely,
Dave Costain
General Manager
EMBASSY
SUITES HOT E 1
Seattle- Tacoma International Airport
15920 West Valley Highway
Tukwila, WA 98188 -5547
Phone (206) 227 -8844 Fax (206) 227 -9567
I
tAUG23
1
Gentlemen:
t t AUG 191991 h,
L CITY OF i Ui(vVILA
Pi..ANNING DEPT.
City of Tukwila Planning Commission
6200 Southcenter Boulevard
Tukwila, WA 98188
15643 West Valley Highway
Tukwila, WA 98188 -5535
August 16, 1991
Re: 90 -2- CPA /90 -2 -R McLeod Exhibition Facility
Your Public Hearing Notice relative to the above was received,
and as a Landowner in the area I submit these comments.
I think the project will greatly enhance the prestige of the
City of Tukwila not only in the Pacific Northwest but in the nation as a whole.
The exhibition hall will bring many exhibitors from throughout the United States,
and local businesses will benefit, such as hotels, restaurants, and of course
the firms that are involved in the exhibits.
Many national firms have already indicated considerable interest,
and the exhibition hall as I understand it will be unique in that it will be
rectangular and not circular as are the Tacoma Dane and the Kingdome, and it will
not utilize space in the form of. spectator seats as in those two structures.
It seems to me that the planning is more involved in detail tnan
it needs to be. For instance, three of the wetlands in the northernmost
part of the project are so small they could be consolidated with the 4th which
is much larger, and the wetlands in the central part could be filled and com-
bined with the wetlands area in the southernmost.
There is another area involving the Puget Sound Power & Light
Co. Right -of -Way that seems to be under consideration for parking, and reference
is made to the area south of S. 158th St. To begin with, starting south from
S. 158th St. the first obstacle is that this portion of the Right -of -Way has
been leased from Puget Power for use as part, of the parking lc5t for the lnbassy
Suites Hotel, and the area immediately south of that and down to the Bow Lake
Pipe Line has been leased by me from Puget Power for years and is presently under
lease to me. So the useable area is much less than it appears in the Mitigation
Determination of NonSignificance.
You have indicated that
there appears to be a shortage of 2100
is caused by the wetlands designations
two level garage, which will naturally
but on the other hand it would provide
parking areas some distance away.
according to the Uniform Building Code
parking spaces, probably most of which
. A solution may have to be found in a
add considerably to the cost of the project,
much closer access for visitors than from
I certainly hope that the problems and details can be worked out
very soon, for it would be encouraging to the entire area to see the development
begin.
Respectfully yours,
,d
Helen B. Nelsen, Landowner
TO:
These are transmitted:
❑ For approval
D Approved as submitted
For your use
❑ Not approved
Remarks
MILES CONSULTING
(208) 451 -2138
SUITE 211 - BLDG 2
300 - 120th AVE. N.E.
BELLEVUE, WA 98005
( n
(1� CQ 'v -\`'(
DATE:
JOB #
RE:
LETTER OF TRANSMITTAL
'
A U 13 1991
ciry
Pt tktf../IN
\sro -de,
ATTN: ve- 66
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COPY TO: ` , t ►" °�`--
We are sending you A ❑ under separate cover via
the following:
❑ For signature & return
❑ Approved as noted
❑ Returned for corrections
,19
D As requested
❑ For review & comment
D For filing
D For bids due on
<l \P∎ 1`z.
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Signed �—�� ��
L .J‘6' •
RECITALS:
PRX 880805
Form Approved, AVP -Law
Article I. LICENSOR GRANTS RIGHT.
Articles of Agreement
Page 1 of 5
0746n
PRIVATE ROAD CROSSING AGREEMENT
THIS AGREEMENT is made this day of , 19, by and
between UNION PACIFIC RAILROAD COMPANY, a Utah corporation, (hereinafter
"Licensor "), and McLEOD DEVELOPMENT COMPANY, a Washington corporation, whose
address is 213 Lake St. South, Kirkland, WA 98033, attention: Mr. Stuart McLeod,
President, phone: (206) 822-4114, (hereinafter "Licensee ").
The Licensee desires 9d construction, maintenance and use of a pri-
vate road crossing (hereinafter "Road Crossing "), consisting of gravel
roadway approaches, a 40 foot wide concrete crossing surface and all
appurtenances thereto, including but not limited to any gates, cattle
guards, stop signs or identification signs, drainage facilities, on, over
and across the Licensor's right of way, and main track at M.P. 172.09 -
Seattle Sub., at or near Tukwila, in King County, Washington, in the loca-
tion shown on the attached print dated March 14, 1991, marked Exhibit "A ".
Details of flashing lights and gates are shown on the attached print dated
10- 10 -90, Drawing # B- 5074C.
The Licensor is willing to grant the Licensee the right to cross its
right of way on the terms set forth below.
NOW, THEREFORE, the parties agree as follows:
Agreement No.
A. The Licensor grants the Licensee the right to cross its
right of way and tracks at the location shown on Exhibit "A"
subject to the terms set forth herein and in the attached
Exhibit "B ". In consideration of the license and permission
granted herein, the Licensee agrees to observe and abide by the
terms and conditions of this agreement and to pay to the Licensor
a license fee of $4,200.00 per year . (which includes $3,000.00 per
year for signal maintenance) and an administrative fee of $500.00
upon the execution of this agreement.
B. Effective on or after the third anniversary of this
agreement and on or after the anniversary date of each subsequent
three -year period, the Licensor may re- evaluate the base upon
which the license fee is computed. Changes . in the license fee
may be made by automatic adjustment in billing only once during
each successive three -year period and shall not be applied
retroactively.
Article
II. CONSTRUCTION OF ROAD CROSSING.
A. The Licensor will furnish the materials for and install the portion
of the Road Crossing lying between the rails of the tracks and for one (1) foot
on the outside of each rail and will furnish and install flashing lights and
gates and identification signs on each side of the crossing and raise, or cause
to be raised, any interfering wire line of Licensor at a cost to the Licensee of
$122,472.00.
B. The Licensee, at its own expense, will construct and perform grading
and surfacing work for the remaining portion of the Road Crossing and install
any and all appurtenant gates, cattle guards, drainage facilities, traffic
signs, or traffic devices as shown on Exhibit "A ". The construction work shall
be done to the satisfaction of the Licensor.
Article III. ROAD CROSSING TO SERVE LICENSEE'S PROPERTY.
The Road Crossing serves real property which the Licensee represents
is owned by the Licensee. Subject to termination as provided herein, the terms,
the conditions and the covenants of the Licensee that are contained in this
agreement shall constitute covenants running with the Licensee's said real prop-
erty, which is described as shown on the attached Exhibit C.
Article IV. LIABILITY INSURANCE.
Article
A. The Licensee shall provide the Licensor with a
certificate issued by the insurance carrier providing the
insurance coverage required pursuant to Exhibit B -1 of this
agreement in a policy which contains the following type
endorsement:
UNION PACIFIC RAILROAD ( "Licensor ") is named as additional insured
with respect to all liabilities arising out of Insured's (as Licensee)
construction, maintenance and use of the road crossing on Licensor's
property.
Licensee WARRANTS that this Agreement has been thoroughly reviewed by its insur-
ance agent(s) /broker(s) and that said agent(s) /broker(s) has been instructed to
produce insurance coverage and an endorsement as required herein.
B. All insurance correspondence shall be directed to:
General Director - Contracts and Real Estate, Union Pacific
Railroad Company, Room 1100, 1416 Dodge Street, Omaha, Nebraska
68179.
V. TERM.
This agreement shall be effective as of the date first herein written,
and shall continue in full force and effect until terminated as provided in
'Exhibit "B ".
Articles of Agreement
Page 2 of 5
0746n
Article VI. SPECIAL PROVISIONS.
Flashing lights and gates are required for this crossing. If the
Licensee desires to use the crossing in advance of the installation of the
flashing lights and gates, a Railroad flagman shall be required to stop
vehicular and pedestrian traffic. In addition, no work of any kind shall be
performed, and no person, equipment, machinery, tool(s), material(s),
vehicle(s), or thing(s) shall be located, operated, placed, or stored within 25
feet of any of Railroad's track(s) at any time, for any reason, unless and until
a Railroad flagman is provided to watch for trains. All expenses connected with
the furnishing of said flagman shall be at the sole cost and expense of the
Licensee, who shall promptly pay to Railroad all charges connected therewith,
within 30 days after presentation of a bill therefore. The rate of pay per hour
for each man will be the prevailing hourly rate in effect for an eight hour day
for the class of men used during regularly assigned hours and overtime in
accordance with Labor Agreements and Schedules in effect at the time the work is
performed. The current hourly rate of pay for Assistant Track Foreman is $13.01
(March 1991). In addition to the cost of such labor, a composite charge of
127.81 X for vacation, holiday, health & welfare, supplemental sickness,
Railroad Retirement & UC, supplemental pension, Empl. Liability & Property
Damage and Administration will be included, • computed on actual payroll.
One and one -half times the current hourly rate is paid for overtime,
Saturdays and Sundays; two and one -half times current hourly rate for holidays.
Wage rates are subject to change, at any time, by law or by agreement
between the Railroad and its employees, and may be retroactive as a result of
negotiations or a ruling of an authorized Governmental Agency. Additional
charges on labor are also subject to change. If the wage rate or additional
charges are changed, the Licensee shall pay on the basis of the new rates and
charges.
Reimbursement to the Railroad will be required covering the full eight
hour day during which any flagman is furnished, unless he can be assigned to
other Railroad work during a portion of such day, in which event reimbursement
will not be required for the portion of the day during which the flagman is
engaged in other work. Reimbursement will also be required for any day not
actually worked by said flagman following has assignment to work on the project
for which the Railroad is required to pay the flagman and which could not
reasonably be avoided by the Railroad Company by assignment of such flagman to
other work, even though the Licensee may not be working during such time.
Arrangements for flagging are to be made at least seventy -two (72)
hours in advance of commencing work, with the Railroad Manager of Track
Maintenance. His name and phone number are to be obtained by contacting the
Railroad Representative:
Greg Wright - 2745 No. Interstate Ave., Portland, OR 97227 -1607
phone:(503) 249 -2333 or 249 -2332
Any gates that are present or are required to be installed hereunder
shall be kept locked at all times, except when Licensee is passing through for
the purposes outlined herein, and a Railroad flagman is present and has affirmed
Articles of Agreement
Page 3 of 5
0746n
•
that it is safe to proceed over the crossing. Licensee s all only open and pass
through the gates(s) when under the direction of a Railroad .flagman, as outlined
above, and in the attached Exhibit "A ". Railroad shall be permitted to install
its lock(s) on the gate(s), and have access through same.
IN WITNESS. WHEREOF, the parties hereto have caused this agreement to
be executed as of the day and year first hereinabove written.
ATTEST:
(Seal)
Articles of Agreement
Page 4 of 5
0746n
UNION PACIFIC RAILROAD COMPANY
Director- Contracts
HcLEOD DEVELOPMENT COMPANY
Byx
Title: President
+
AGREEMENT AND EASEMENT FOR ROAD CROSSING AND UNDERGROUND UTILITIES
THIS AGREEMENT made this day of , 19
between PUGET SOUND POWER & LIGHT COMPANY, a Washington
corporation ( "Puget" herein), and McLEOD DEVELOPMENT COMPANY, a
Washington corporation ( "Grantee" herein);
WHEREAS, Puget is the owner of a strip of land one hundred
(100) feet in width running through the Northwest quarter of
Section 25, Township 23 North, Range 4 East, W.M., King County,
Washington, and
WHEREAS, such strip of land is presently owned and occupied
by Puget in connection with Puget's electric utility operations,
(said strip being hereafter referred to as "Puget's Property ");
and
WHEREAS, Grantee desires an easement for road crossing and
underground utilities across Puget's Property at a location more
specifically described herein below;
NOW THEREFORE, in consideration of Ten and No /100 Dollars
($10.00) and other good and valuable consideration in hand paid
receipt of which is hereby acknowledged, and in consideration of
the performance by Grantee of the covenants, terms and conditions
hereinafter set forth, Puget hereby conveys and quitclaims to
Grantee the following easement:
A. A nonexclusive perpetual easement over, across, along,
in, upon and under that portion of Puget's Property described in
Exhibit "A" attached hereto and by this reference made a part
hereof for the purposes of installing, constructing, operating,
maintaining, removing, repairing, replacing and using a paved road
crossing and underground utilities and appurtenances thereto
(herein the "Improvements ") subject to paragraph 4 herein.
However, in no case shall biofiltration swales, channels, ditches
or any other such similar open facility be constructed on Puget's
property.
The terms "Easement" and "Easement Area" in this instrument
refer to the easement herein granted on Puget's Property and as
described on the attached Exhibit "A ".
This Easement is granted subject to and conditioned upon the
following terms, conditions and covenants which Grantee hereby
promises to faithfully and fully observe and perform.
1. Cost of Construction and Maintenance. Grantee shall
bear and promptly pay all costs and expenses of construction and
maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall
construct, maintain and use the Improvements in accordance with
the requirements of Puget, the National Electric Safety Code and
any statute, order, rule or regulation of any public authority
having jurisdiction.
3. Use of the Property by Puget. Grantee's rights herein
shall at all times be subordinate to such rights of Puget as are
necessary to preserve and maintain the capabilities of Puget's
Property to be used for electric utility purposes, and nothing
herein contained shall prevent or preclude Puget from undertaking
construction, installation and use of any electric utility
facilities within Puget's Property. Puget shall not be liable to
Grantee or to Grantee's employees, agents, or to any other party
benefiting from said Improvements, for loss or injury resulting
from any damage or destruction of the Improvements directly or
indirectly caused by .Puget's existing or future use of Puget's
Property.
-
9 -DC -3265 121790
4. Required Prior Notice and Approval of Plans and
Specifications. Prior to any installation, alteration,
replacement or removal of the Improvements or any other major
activity by Grantee on Puget's Property, Grantee shall give Puget
written notice thereof together with preliminary plans and
specifications for the same at least six (6) months prior to the
scheduled commencement of such activity. Puget shall have the
right to require that such plans and specifications be modified,
revised or otherwise changed to the extent that the final plans
and specifications therefor shall include provisions for the
protection of Puget's facilities, the prevention of hazardous
conditions and minimum interruption to Puget's utility operations.
No such activity shall be commenced without Puget's prior written
approval of the plans and specifications therefor and all changes
or amendments thereto, which approval shall not be unreasonably
withheld. Notwithstanding the foregoing, in the event of any
emergency requiring immediate action by Grantee for protection of
the Improvements, persons or property, Grantee may take such
action upon such notice to Puget as is reasonable under the
circumstances.
Nothing herein shall be deemed to impose any duty or
obligation on Puget to determine the adequacy or sufficiency of
the Grantee's plans and specifications, or to ascertain whether
Grantee's construction is in conformance with the plans and
specifications approved by Puget.
5. As -Built Survey. Upon Puget's request, Grantee shall
promptly provide Puget with as -built drawings and survey showing
the location and elevations of the Improvements on Puget's
Property.
6. Grantee's Use and Activities. Grantee shall exercise
its rights under this Agreement so as to minimize and avoid,
insofar as possible, interference with the use by Puget of its
Property for electric utility purposes and shall at all times
conduct its activities on the Easement Area so as not to interfere
with, obstruct or endanger Puget's operations or facilities.
Grantee shall install the Improvements and conduct any other of
its substantial activities on Puget's property as may be
communicated to Grantee by Puget for the purpose of protecting
Puget's facilities, preventing hazardous conditions and minimizing
interruptions to Puget's utility operations.
7. Coordination of Activities. Grantee shall give at least
30 days advance written notice of the proposed dates of its
construction, repair and maintenance activities on Puget's
Property to Puget's South Central Division office (presently
headquartered at 620 s. Grady Way, Renton, Washington), or such
other division office of Puget as Puget may from time to time
designate. Grantee shall cooperate in the revision of such dates
and /or the coordination of its activities with those of Puget's if
deemed necessary by Puget to minimize conflicts, insure protection
to each parties facilities, prevent hazardous conditions, or
minimize interruption of Puget's operations. Provided, however,
that in the event of an emergency requiring immediate action by
Grantee for the protection of its Improvements or other persons or
property, Grantee may take such action upon such notice to Puget
as is reasonable under the circumstances.
8. Work Standards. All work to be performed by Grantee on
Puget's Property shall be designed and constructed so as to
withstand the consequences of any short circuit of any of Puget's
electric facilities now or hereafter installed on the Property.
All work to be performed by Grantee on Puget's Property shall also
be in accordance with the plans and specifications submitted to
and approved by Puget and shall be completed in a careful and
workmanlike manner to Puget's satisfaction, free of claims or
liens; however, nothing herein shall be deemed to impose a duty or
obligation on Puget with respect to the sufficiency thereof.
Without limitation to the foregoing, Grantee shall exercise the
utmost caution when conducting its activities in the vicinity of
-2-
9 -DC -3265 121790
any of Puget's energized power lines in order to prevent any
contact therewith. Upon completion of such work Grantee shall
remove all debris and restore the ground surface as nearly as
possible to the condition in which it was at the commencement of
such work, and shall replace any property corner monuments which
were disturbed or destroyed during construction. Grantee shall
also pay to Puget all of Puget's costs necessary to re- establish
destroyed survey references and hubs established by Puget in
conjunction with any survey for new facilities on Puget's
Property.
9. Changes and Repairs to Puget's Facilities. Grantee
shall promptly pay to Puget the cost of any relocation,
alteration, restoration and other changes or repairs to Puget's
facilities which Puget shall reasonably deem necessary by reason
of the construction, use and maintenance of the Improvements or
other activities of Grantee on Puget's Property. Without
limitation to the foregoing, Grantee shall promptly pay to Puget
the cost of temporary raising of wires and the realignment or
strengthening of power poles or towers made necessary by Grantee's
activities pursuant to this Agreement. If Puget so requests,
Grantee shall provide assurance of payment satisfactory to Puget
prior to Puget's commencement of such work. Puget shall
accomplish such changes or repairs, subject to the availability of
labor and materials. For the purpose of this paragraph, "cost"
shall be defined as all direct or assignable costs of materials,
labor and services including overhead, in accordance with charges
for transportation of men, material, and equipment, storage
expense of material and rental of equipment.
10. Access. The Grantee shall design, construct, maintain
and use its Improvements in such fashion as to permit reasonable
and continuous access along Puget's Property in all directions,
and in such fashion as to accommodate and support vehicular travel
over and across the Improvements, including travel by cranes and
trucks with heavy loads. Grantee shall at all times keep Puget's
Property free and clear of all obstructions and equipment. If
requested by Puget, the Grantee shall make provisions for
continued access by Puget along Puget's Property during
construction of the Improvements.
11. Inspectors. Puget shall appoint one or several Puget
representatives who shall serve as inspectors to oversee all work
to be performed by Grantee on Puget's Property. Grantee shall not
carry on any work unless it has given such notice to Puget as may
be reasonable in the circumstances so as to allow for the presence
of such inspector or inspectors. Grantee and Grantee's
contractors shall promptly and fully comply with all orders and
directions of Puget's inspectors, including without limitation,
cessation of work, and Grantee's construction contracts shall so
provide. Grantee shall promptly pay Puget's charge for such
inspectors.
12. Conflict with Future Installations of Puget. In the
event that it should become necessary for Puget to install
additional electric utility facilities or otherwise use Puget's
Property and if, in the sole judgement of Puget, the location,
existence and use of the Improvements interferes with such
installation or use to the extent that it is impracticable or
substantially more expensive to accomplish such installation or
use, or that such installation or use may pose a hazard because of
the location, existence or use of the Improvements, Grantee shall
have the obligation to either, in Grantee's sole discretion, (a)
protect, modify or relocate the Improvements at the cost and
expense of Grantee, so as to remove the interference or hazard to
Puget's satisfaction, or (b) to reimburse Puget for its added
costs of design, construction and installation to avoid such
interference or hazard. In the event Puget intends to undertake
any such construction, Puget shall give Grantee reasonable advance
written notice of such intention together with preliminary plans
and specifications for such work, identifying the potential
interference or hazard and all design information relating
-3-
9 -DC -3265 121790
thereto. In no event shall such notice and plans be required to
be given more than six months prior to the scheduled commencement
of work.
Within one month after receiving such notice from Puget,
Grantee shall give written notice to Puget by which notice Grantee
will elect to (a) protect, modify or relocate the Improvements, or
(b) reimburse Puget for its said added costs. If the Grantee
elects to protect, modify or relocate the Improvements it shall
commence work promptly and diligently prosecute such work to
completion prior to the scheduled date of commencement of Puget's
construction. If Grantee elects to pay Puget's added costs,
Grantee shall give Puget satisfactory assurance of payment of such
costs at the time such notice of election is given. If Grantee
does not so elect one of the above - described options by giving
Puget the required notice, Puget shall be entitled to make such an
election on behalf of Grantee, Grantee agrees that this election
shall be binding upon Grantee and have the same effect as if made
by Grantee. If Puget so elects option (a) described herein or if
Grantee elects option (a) and fails to commence and prosecute its
work as contemplated herein, Puget may, at its option, undertake
such work on behalf of Grantee as Puget deems necessary pursuant
to option (a) and Grantee shall promptly pay Puget for all costs
incurred by Puget in performing such work. Puget's costs
reimbursable under this paragraph are defined as in Paragraph 9
herein.
13. Termination for Breach. In the event Grantee breaches
or fails to perform or observe any of the terms and conditions
herein, and fails to cure such breach or default within ninety
(90) days of Puget's giving Grantee written notice thereof, or
within such other period of time as may be reasonable in the
circumstances, Puget may terminate Grantee's rights under this
Agreement in addition to and not in limitation of any other remedy
of Puget at law or in equity, and the failure of Puget to exercise
such right at any time shall not waive Puget's right to terminate
for any future breach or default.
14. Termination for Cessation of Use. In the event Grantee
ceases to use the Improvements for a period of five (5) successive
years, this Agreement and all Grantee's rights hereunder shall
terminate and revert to Puget.
15. Release of Improvements on Termination. No termination
of this Agreement shall release Grantee from any liability or
obligation with respect to any matter occurring prior to such
termination, nor shall such termination release Grantee from its
obligation and liability to remove the Improvements from Puget's
Property and restore the ground.
16. Removal of Improvements on Termination. Upon any
termination of this Agreement, Grantee shall promptly remove from
the Easement Area its Improvements and restore the ground to the
condition now existing or, in the alternative, take such other
mutually agreeable measures to minimize the impact of the
Improvements on Puget's Property. Such work, removal and
restoration shall be done at the sole cost and expense of Grantee
and in a manner satisfactory to Puget. In case of failure of
Grantee to so remove its Improvements, restore the ground or take
such other mutually agreed upon measures, Puget may, after
reasonable notice to Grantee, remove Grantee's Improvements,
restore the ground or take such measures at the expense of
Grantee, and Puget shall not be liable therefor.
17. Third Party Rights. Puget reserves all rights with
respect to its property including, without limitation, the right
to grant easements, licenses and permits to others subject to the
rights granted in this Agreement.
18. Release and Indemnity. Grantee does hereby release,
indemnify and promise to defend and save harmless Puget from and
against any and all liability, loss, cost, damage, expense,
-4-
9 -DC -3265 121790
• •
actions and claims, including costs and reasonable attorney's fees
incurred by Puget in defense thereof, asserted or arising directly
or indirectly on account of or out of (1) acts or omissions of
Grantee and Grantee's servants, agents, employees, and contractors
in the exercise of the rights granted herein, or (2) acts and
omissions of Puget in its use of Puget's Property which affect
Grantee's employees, agents, contractors, and other parties
benefiting from said Improvements; provided, however, this
paragraph does not purport to indemnify Puget against liability
for damages arising out of bodily injury to persons or damage to
property caused by or resulting from the sole negligence of Puget
or Puget's agents or employees.
19. Insurance. Prior to Grantee's construction activities
or other substantial activities on Puget's Property under the
rights provided herein, Grantee shall submit to Puget evidence
that Grantee or Grantee's contractors has obtained comprehensive
general liability coverage naming Puget as an additional insured
(including broad form contractual liability coverage) satisfactory
to Puget with limits no less than the following:
Bodily Injury Liability, including
automobile bodily injury liability
Property Damage Liability, including
automobile property damage liability
$1,000,000
each occurrence
$1,000,000
each occurrence
Said evidence shall be submitted on Puget's Certificate of
Insurance standard form (which form Puget shall provide upon
request) or such other form as Puget may from time to time
approve.
Said coverage shall be maintained by Grantee or Grantee's
contractors during the period when such activities take place.
20. Taxes and Assessments. Grantee shall promptly pay or
reimburse Puget for any taxes and /or assessments levied as a
result of this Agreement or relating to the Grantee's improvements
constructed pursuant to this Agreement.
21. Title. The rights granted herein are subject to
permits, leases, licenses and easements, if any, heretofore
granted by Puget affecting the property subject to this Agreement.
Puget does not warrant title to its property and shall not be
liable for defects thereto or failure thereof.
22. Notices. Unless otherwise provided herein, notices
required to been writing under this Agreement shall be given as
follows:
If to Puget:
If to Grantee:
Puget Sound Power & Light Company
Real Estate Department OBC -11N
P.O. Box 97034
Bellevue, WA 98009 -9734
McLeod Development Company
213 Lake Street So.
Kirkland, WA 98033
Notices shall be deemed effective, if mailed, upon the second
day following deposit thereof in the United States Mail, postage
prepaid, certified or registered mail, return receipt requested,
or upon delivery thereof if otherwise given. Either party may
change the address to which notices may be given by giving notice
as above provided.
23. Assignment. Grantee shall not assign * its rights
hereunder. No assignment of the privileges and benefits accruing
to Grantee herein, and no assignment of the obligations or
liabilities of Grantee herein, whether by operation of law or
otherwise, shall be valid without the prior written consent of
Puget.
-
9 -DC -3265 121790
24. Successors. The rights and obligations of the parties
shall inure to the benefit of and be binding upon their respective
successors and assigns.
25. Liability. In the event of any assignment of the rights
hereunder, the liability of Grantee and its assignees shall be
joint and several.
Its:
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
McLEOD DEVELOPMENT
By: By:
STATE OF WASHINGTON )
) SS.
COUNTY OF KING
•
PUGET SOUND POWER & LIGHT COMPANY
Director Real Estate
On this day of , 19 , before me, the
undersigned, personally appeared S. M. VORTMAN, to me known to be
the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the .
corporation that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the
said instrument.
WITNESS my hand and official seal hereto affixed the day and
year above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
•
AGREEMENT AND EASEMENT FOR ROAD CROSSING AND UTILITIES
PUGET SOUND POWER 6 LIGHT COMPANY TO
McLEOD DEVELOPMENT
EXHIBIT "A"
A 60 foot wide strip of land having 30 feet of such width lying on
each side of the following described centerline:
Beginning at the Southeast corner of Lot 2 of Short Plat 084 -85
filed with the p ity of Renton under Recording Number 8702039008.
Thence North 01'21'49" West along the East line of said short plat
219.98 feet to the True Point of Beginning of the herein described
centerline; .thence Easterly al a curve to the left whose radius
is 18 feet and bears North 1'39'24" East through a central angle
of 4'28'02" and an arc length of 77:91 feet; thence continuing
Easterly along a c to the right whose radius equals 1009 feet
and bears South 02'48'38" East through a central angle of 1'15'51"
and an arc length,of 22.06 feet to the East margin of the Puget
Power right of way and the terminus of the herein described
centerline.
•
DEVELOPER'S AGREEMENT
THIS AGREEMENT is made and entered into on , between
the City of Tukwila, a Washington municipal corporation (hereinafter
referred to as "City "), and Stewart McLeod (hereinafter referred to
as "Owner ").
WITNESSETH
WHEREAS, "Owner" owns certain real property which is legally
described in Exhibit A, and hereinafter referred to as "the Property"
and is located generally between Burlington Northern Railroad and
Union Pacific Railroad tracks perpendicular to an extension of
Strander Boulevard; and
WHEREAS, Owner made application for a Comprehensive Plan Map
change and rezone of the Property; and
WHEREAS, the resulting change in use of the Property will create
impacts associated which will necessitate the construction of certain
new uses; and
WHEREAS, the Property is in the comprehensive surface water
management system described in the Nelsen Place /Longacres Drainage
Basin Study (Dated: 6/88) prepared for the City by Kramer, Chin and
Mayo, Inc. ; and
WHEREAS, future development of the Property will necessitate
extensions and upgrades of city water and sewer lines which will
benefit the Owner's properties ; and
WHEREAS, future development of the Property will require
additional public storm drainage systems to accommodate development
flows and correct deficiencies in the existing drainage system
serving this basin; and
WHEREAS, future development of the Property will create a need
for vehicular access and for public pedestrian corridors including
sidewalk systems to adjacent public right -of -way, West Valley
Highway, and Strander Boulevard; and .
WHEREAS, future development of the Property will also
necessitate additional studies and other land use actions.
NOW, THEREFORE, in consideration of the mutual benefits and
conditions hereinafter contained, the parties hereto agree as
follows:
1. RESPONSIBILITIES OF OWNER
1.1 No- Protest Agreement to the Formation of a Nelsen
Place /Longacres Storm Drainage U.L.I.D.
Owner acknowledges that Owner's rezone and hence potential future
development will have a cumulative impact on the storm drainage
facilities in the Longacres /Nelsen Place drainage basin within which
the Owner's property is situated. The Owner's property would be
specially benefitted by improvements to such storm drainage
facilities. Owner agrees not to protest the formation of any local
improvement district or local utility improvement district which is
formed per the Preliminary Design Report for Nelsen Place /Longacres
storm drainage system by KCM dated June 1, 1988, and as updated to
include the new land use designation for the property per Section 1.2
of this Agreement. The updated plan will include current water
quality treatment and detention requirments of the City of Renton for
ultimate discharge into the P -1 Channel.
Owner agrees that the formation of this storm drainage facilities
benefits the property and retains the right to contest the method of
calculating assessments in such LID or ULID and the amount thereof to
be levied against the Property.
1.2 Pre•aration of H draulic Anal sis of Nelsen Place
Longacres Drain Basin Study
The Owner agrees to carry out a hydraulic analysis in conjunction
with the City by a qualified professional engineer prior to building
application. This analysis will include a proposed constructed
biofiltration and detention pond at the north end of the basin just
prior to interceptor pipe to the P -1 Channel. This analysis will
include calculations to demonstrate capacity and water quality
standards are met at time of Design Review Application. Providing
for flood protection per the City's Flood Ordinance, will be an
element of this analysis. The Owner agrees to include in the update
of the KCM June 1, 1988 Preliminary Design Report, the most current
.E
City of Renton criteria for storm event detention requirements for
the entire Nelsen Place /Longacres Drainage Basin allowing for
discharge into the P -1 Channel. The City of Tukwila will
participate in the costs for this study to cover Hydraulic Analysis
above and beyond development's drainage contribution for the full
Nelsen Place /Longacres Basin to determine overall Basin
detention /water quality treatment facilities for sizing and siting.
The study shall take into consideration added water quality
treatment and detention due to upgrade of anticipated impervious
surface for site from 60% (KCM Study estimate) to 90% (Owner
estimate) for future development. The cost of that portion of the
study and added facilities for the 60% to 90% change will be at
Owner's sole expense.
1.3 No- Protest Agreement to the Formation of Future
Sewer and Water ULID's
Owner acknowledges that Owner's rezone and hence potential future
development will have a cumulative impact on the water and sewer
facilities in the area of the Property. Owner acknowledges futher
that this property would be benefited by improvements to these water
and sewer facilities.
Owner agrees not to protest the formation of any local improvement
districts or utility local improvement districts for the
Longacres /Nelsen Place sewer and water service areas (water: to
Seattle Tap; sewer to the Metro Interceptor); ULID and LID's will be
formed to upgrade the systems to meet City Standards and
requirements. Owner retains the right to contest the method of
calculating assessments in such LIDS or ULIDS and the amounts thereof
to be levied against the Property.
The Water LID /ULID will include the'upgrade of infrastructure to a
single pressure system in the Longacres /Nelsen Place basin to the
Seattle Tap. This upgrade will include converting the system from a
two pressure system to a single pressure system; provide necessary
water main extensions to intertie West Valley Highway mains with a
minimum 10" line in S. 158th Street; intertieing system to the
Seattle Tap; and providing necessary reconnections and pressure
reducers for on -line facilities.
1.4 Provide a Water Availability Analysis
The Owner agrees to carry out a water availability analysis by a
qualified professional engineer prior to the application of a
Building Permit. Furthermore, the Owner agrees to provide necessary
upgrades to the water system per the analysis recommendations under
conditions of review approval of analysis by the City at the time of
the application for a Building Permit.
City's most current standards and
time of such building application.
will be carried out at the sole expense of the Owner.
1.5 Provide Sewer Availability Analysis
The Owner agrees to carry out a sewer
qualified professional engineer prior
Building Permit. Furthermore, the owner
This analysis shall meet the
availability requirements at the
This water analysis and updates
availability analysis by a
to the application of a
will agree to provide
5
necessary upgrades to the sewer systems per the results of this
analysis, under conditions of review approval of analysis by the
City, at the time of the application for Building Permit(s). This
analysis shall meet the City's most current standards and
availability requirements at the time of building application. This
sewer analysis and updates will be carried out at the sole expense of
the Owner.
1.6 Reservation of 60 Foot Wide Easement for Street,
Sidewalk and Utilities from Eastern Property Edge
to Western Property Edge, Providing Continuation of
Strander Boulevard; Retain Access to Subject
Properties Prior to Application for a Building Permit.
Trail and Street Extension:
Owner acknowledges that the City has plans to extend a
public street (60 feet in width across the Property) west to
east to Renton and that the mitigated Declaration of
Nonsignificance (D.N.S.), the amendment of Comprehensive
Land Use Map and rezone for the Developer's project is
conditional upon Developer accommodating such street,
sidewalk and utility extensions. The Owner, in designing
and constructing its project, agrees to leave sufficient
space to construct such street, sidewalk and utility
extensions to City standards. The Owner further agrees that
compensation for acquisition of this 60 foot
right -of -way for public roadway and utility purposes will be
assessed on land values under original zoning prior to
rezone. Owner further agrees to, and hereby does, waive
any and all severance damages attributed to any future
acquisition of property by the City of Tukwila for street,
sidewalk and utility extensions in such location.
Also, prior to application of Building Permit the Owner will obtain
the necessary easements or permits for Life of Project for access and
utility crossings of railroad and Puget Power right -of -ways.
1.7 No- Protest Agreement to the Formation of a Future
Roadway Expansion of Strander Boulevard
Owner acknowledges that the Owner's future development will have a
cumulative impact on the transportation system in the area of the
Owner's property and that Owner's property would be specifically
benefited by improvements to such system. Owner agrees to
participate in any local improvement district which is formed for
roadway improvements in that extension Strander right -of -way
extension, and dedication of the necessary right -of -way for the
extension and hereby waives the right to protest the formation of any
such LID, provided that the Owner retains the right to contest the
method of calculating assessments in such LID and the amount thereof
to believed against Owner's subject property, and other property
owned by the Owner which would be within such LID.
1.8 Prior to Application for Building Permit Owner will
Consolidate Separate Tax Parcels and /or Provide 60 Foot Dedicated
Right -of -Way to all Parcels Within Rezone Site.
1.9 Prior to Application for Building Permit, Owner will
Enter into an Interlocal Agreement with the City of
Renton to meet Renton Re•uirements Relative to
Development Impacts of Traffic and Utilities Related
to Renton.
2. RESPONSIBILITIES OF CITY
2.1 Benefited Area and Assessments - Facilities. The water
line extensions and the storm drain lines and regional
detention /biofiltration system to be constructed by Owner, will
directly benefit certain property not owned by the Owner which cannot
be legally described until the extent of the improvements has been
determined. Pursuant to Chapter 35.91 RCW, the Owner agrees to
develop a Latecomers Agreement, to be approved by the City, to
reimburse Owner for its costs on a pro rata basis by assessing any
owner of real estate located in the benefited area who does not
contribute to the original cost of the facilities to be constructed
by the Owner under this Agreement and who subsequently taps into
and /or uses said facilities. The Agreement is to be developed when
the extent and cost of the facilities constructed by Owner are known.
The pro rata share for any one parcel of real estate contained within
the benefited area shall be computed by the Owner subject to approval
by the City Engineer. The pro rata share for each parcel shall be
shown on exhibits to be attached to the Agreement. The City agrees
to pay Owner all said sums collected within sixty (60) days after
receipt thereof, less reasonable costs of administering the
Agreement, until the total of said payments equal the cost of
constructing the facility, less Owner's pro rate share, or when
fifteen (15) years from the date of the Agreement has elapsed,
whichever shall occur first.
2.2 Surface Water Management System. City shall proceed
with the development, design, engineering and construction of a
surface water management system generally described as the updated
"RCM Study ", which will ultimately be incorporated within an LID or
ULID specially benefiting the subject Property.
3. NON- WAIVER - EXTENSIONS
Failure of either party to insist on the strict performance
of the terms of this Agreement shall not be construed as a waiver or
relinquishment of that party's right thereafter to strictly enforce
any such term, but the same shall continue in full force and effect.
4. BINDING EFFECT
This Agreement shall be binding upon the parties, their
respective heirs, legal representatives, assignees, transferees and
successors. This Agreement runs with the land.
5. RECORDING
This Agreement shall be recorded with the King County
Department of Records and Elections, and the cost of said recording
shall be paid by the Developer.
6. ATTORNEY FEES
In the event that either party shall commence litigation
against the other in order to enforce any term or condition of this
Agreement, the prevailing party in such litigation shall be entitled
to recover its costs, including reasonable attorney fees.
By
7. EFFECTIVE DATE
The responsibilities of the Developer under this Agreement are
contingent upon the issuance of the requested approvals for the
project. No obligation will arise until the issuance of such
approvals. If Developer elects to proceed with any of the
improvements set forth herein before the issuance of such approvals
and after installation of the improvements elects to abandon its
development, Developer, its successors and assigns are entitled to
the benefits set forth in this Agreement related to Latecomer's
Agreements provided such improvements are approved and accepted by
the City. Except as set forth in this section, this Agreement shall
become null and void if the sub - division is abandoned by the
Developer or if a completed development application is not filed
by ,19
CITY OF TUKWILA OWNER
By
ATTEST /AUTHENTICATED: Its
Jane E. Cantu, City Clerk By
It s
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
By
STATE OF WASHINGTON
)
) ss
COUNTY OF KING )
I certify that there appeared before me persons that I know or
have satisfactory evidence were GARY L. VAN DUSEN and JANE CANTU, who
signed this DEVELOPER'S AGREEMENT, on oath stated that they are
authorized to execute the instrument and acknowledged it as the Mayor
and City Clerk of the City of Tukwila, to be the free and voluntary
act of such party for the uses and purposes mentioned in this
instrument.
DATED: ,19
STATE OF )
) ss
COUNTY OF )
Notary Public in and for the State
of Washington, residing at
My Commission Expires
I certify that there appeared before me a person that I know or
have satisfactory evidence was
who signed this DEVELOPER'S AGREEMENT, on oath stated he is
r /
authorized to execute the instrument and acknowledged it as the
of
, to be the free and
voluntary act of such party for the uses and purposes mentioned in
this instrument.
DATED ,19
Notary Public in and for the State
of Washington, residing at
10:McLeod My Commission Expires
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Tax Lot 000580- 0021 -03
Parcel ..V:;!
Tax Lot . 252304 - 9006 -05
DESCRIPTION:
2.45 Ac
6.70 Ac
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY MEADER •
DONATION CLAIN NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND THAT PORTION
OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN SECTION 25. TOWNSHIP
23 NORTH, RANGE 1 EAST M.M.. BOUNDED AS FOLLOWS:
ON THE WEST THE CHICAGO. MILWAUKEE AND ST. PAUL RAILWAY MAIN TRACK CENTERLINE
AS LOCATED AND CONSTRUCTED, AS CONVEYED BY DEED RECORDED UNDER RECORDING NOS.
453941 AND 453943;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 60 FEET WESTERLY
MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD MAIN
LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET SOUTHERLY AT
RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE BOW
LAKE PIPELINE RIGHT -OF -WAY. AS CONVEYED TO THE CITY OF SEATTLE. BY DEED •
RECORDED UNDER RECORDING NO. 4131067; .
EXCEPT THAT PORTION THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE EAST
MARGIN OF THE CHICAGO. MILWAUKEE. ST. PAUL i PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE EASTERLY•A DISTANCE OF 120 FEET ALONG SAID SOUTH LINE OF SAID
DONATION CLAIM;
THENCE NORTHEASTERLY MEASURED AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF
80 FEET;
• THENCE WESTERLY PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID
CHICAGO. MILWAUKEE. ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY;
THENCE SOUTHERLY ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING;
EXCEPT ALL COAL AND MINERALS AND THE RIGHT TO EXPLORE FOR AND MINE THE SAME.
AS CONVEYED BY DEEDS RECORDED UNDER KING COUNTY RECORDING NOS. 8404050908 AND
8404050909;
SITUATE IN THE CITY OF TUKWILA. COUNTY OF KING. STATE OF WASHINGTON.
'
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CENTERLINE
CHICAGO. MILWAUKEE AND ST_ PAUL
RAILWAY MAID TRACKS AS LOCATED
1 -30 -90
S 87'52'32" E
187 -54'
s 02'07'28" W
23 -27`
S 87'52'32 E
121.29'
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T = 203.09'
L = 406.06'
WETLAND AREA = 123,252 SO. FT.
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,FEB 04 '92 14 :01 SWD /PROJ SUP- COMM.REL
EP27.44.1
All that portion of the 30 foot wide strip of land within the Henry
A. Meader (also appearing as Meador) Donation Land Claim No. 46 in
Section 25, Township 23 North, Range 4 East, W.M., in King County,
Washington, deeded to the City of Seattle, in fee simple estate;
by that Warranty Deed recorded under recording Number 4131067 of
King County records as recorded in Volume 3044 at Page 232 for Cedar
River Pipeline 64 Right -of -Way (formerly known as the Bow Lake
Pipeline Right -of -Way) between the easterly line of the Chicago,
Milwaukee, St. Paul and Pacific Railroad Right -of -Way and the
westerly line of the Burlington Northern Railroad Right -of Way
(formerly known as the Northern Pacific Railroad Right-of-Way)..
P.2
UPLAND AREA LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY
MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND
THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATEO IN
SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY
MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY_MAIN.. TRACK ..CENTHALX E AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY
MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD
MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE
BOW LAKE PIPELINE RIGHT -O3' -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY
,DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE
EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH
MINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT
ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY
PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF "WAY; THENCE SOUTHERLY
ALONG SAID RAILROAD RIGHT -OF -WAY TO THE. POINT OF BEGINNING;
AND EXCEPT THAT PORTION LYING SOUTHERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST. CORNER OP THE ABOVE DESCRIBED PARCEL
THENCE N87 ° 51'26 "W ALONG A LINE DRAWN PARALLEL WITH AND DISTANT 330
FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT
LOT 11 282.98 FEET MORE OR LESS TO THE EAST MARGIN OF THE CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT- OF•WAY; THENCE
N1 ° 20'53 "W ALONG SAID EAST MARGIN 4260 FEET TO THE POINT OF
BEGINNING; THENCE S87 ;8 52'32 "E 187,54 FEET; THENCE SO2 07'28"14 23.27
FEET; THENCE S87 ° 52'32 "E 121.29 FEET MORE OR LESS TO THE WEST MARGIN
OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY AND THE TERMINUS OF
SAID LINE DESCRIPTION.
,SITUATE IN THE CITY OF TUKWILA, COUNTY OF RING, STATE OF WASHINGTON.
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EASTSIDE CONSULTANTS, INC. ENGINEERS-
SURVEYORS
WETLAND AREA LEGAL DESCRIPTION:
ALL THAT PORTION OF GOVERNMENT LOT 11 AND ALL THAT PORTION OF HENRY
MEADER DONATION CLAIM NO. 46 IN THE NORTH 1/2 OF THE NORTHWEST 1/4 AND
THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 ALL SITUATED IN
SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., BOUNDED AS FOLLOWS:
ON THE WEST BY A LINE DRAWN PARALLEL WITH AND DISTANT 43 FEET EASTERLY
MEASURED AT RIGHT ANGLES TO THE CHICAGO, MILWAUKEE AND ST. PAUL
RAILWAY MAIN TRACK CENTERLINE AS LOCATED AND CONSTRUCTED;
ON THE EAST BY A LINE DRAWN PARALLEL WITH AND DISTANT 50 FEET WESTERLY
MEASURED AT RIGHT ANGLES TO BURLINGTON NORTHERN RAILROAD COMPANY'S OLD
MAIN LINE TRACK CENTERLINE AS NOW LOCATED AND CONSTRUCTED;
ON THE SOUTH BY A LINE DRAWN PARALLEL WITH AND DISTANT 330 FEET
SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 11;
ON THE NORTH BY THE SOUTH MARGIN OF THE CITY OF SEATTLE'S 30 FOOT WIDE
BOW LAKE PIPELINE RIGHT -OF -WAY, AS CONVEYED TO THE CITY OF SEATTLE, BY
DEED RECORDED UNDER RECORDING NO. 4131067; EXCEPT THAT PORTION
THEREOF, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF SAID DONATION CLAIM AND THE
EAST MARGIN OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD
RIGHT -OF -WAY; THENCE EASTERLY A DISTANCE OF 120 FEET ALONG SAID SOUTH
LINE OF SAID DONATION CLAIM: THENCE NORTHEASTERLY MEASURED AT RIGHT
ANGELS TO SAID SOUTH LINE A DISTANCE OF 80 FEET: THENCE WESTERLY
PARALLEL WITH SAID SOUTH LINE TO SAID EASTERLY MARGIN OF SAID CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE SOUTHERLY
ALONG SAID RAILROAD RIGHT -OF -WAY TO THE POINT OF BEGINNING;
AND EXCEPT THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED
LINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED PARCEL
THENCE N87 ° 51'26 "W ALONG A LINE DRAWN PARALLEL WITH AND DISTANT 330
FEET SOUTHERLY AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT
LOT 11 282.98 FEET MORE OR LESS TO THE EAST MARGIN OF THE CHICAGO,
MILWAUKEE, ST. PAUL & PACIFIC RAILROAD RIGHT -OF -WAY; THENCE
N1 "w ALONG SAID EAST MARGIN 426.80 FEET TO THE POINT OF
BEGINNING; THENCE S87 "E 187.54 FEET; THENCE S02 "W 23.27
FEET; THENCE S87 "E 121.29 FEET MORE OR LESS TO THE WEST MARGIN
OF THE BURLINGTON NORTHERN RAILROAD RIGHT -OF -WAY AND THE TERMINUS OF
SAID LINE DESCRIPTION.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
415 RAINIER BOULEVARD N. ISSAOUAH, WASHINGTON 98027 PHONE: (206)392 -5351 FAX: (206)392-4676
the County of King, State of Washington:
That portion of the Henry Meader Donation Claim #46
in the North h of the Northwest td of Section 25,
Township 23 North, Range 4 East, W.M., described as
follows:
Beginning at a point on the south line of said Do-
nation Claim and the east margin of the C.M.St.P.& P.
railroad right~ of way; thence easterly 120 feat along
the south line of said Donation claim; thence norther-
ly at right angle a distance of SO feet, thence wes-
terly parallel with the South line of said Donation
claim to the easterly margin of the C.M.St.P. &P. rail-
road right of way, thence southerly along said railroad
right of way to the point of beginning.
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REZONE APPLICATION
Action proposed is for the rezoning
1. BRIEFLY DESCRIBE YOUR PROPOSAL: of the subject 9.15 acres from RA to
M -1. The propertyadjoins M -1 zoned property to north and sets
between the BN and UP Railroad Tracks on eastern city limits.
2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s),
block, and subdivision; or tax lot number, access
street, and nearest intersection)
The property s'ts east of the Union Pacific Railroad line on an
extension of Strander Blvd east of West Valley Highway which is
the nearest intersection. Tax Lots #000580- 0021 -03 & 252304- 9006 -05
Quarter: NW Section: 25 Township: 23 Range: 4 WM
Signature:
(This information may be found on your tax statement.)
3. APPLICANT :* Name: Stuart McLeod
Address: 213 Lake Street So., Kirkland, WA 98033
Phone: 206 822 -4114
* The applicant is the person whom the staff will contact regarding
the application, and to whom all notices and reports shall be sent,
unless otherwise stipulated by applicant.
•
AFFIDAVIT OF OWNERSHIP
4. PROPERTY Name: McLeod Group Inc.
OWNER
Date: z /
Address: 213 Lake StreetSo., Kirkland, WA 98033
Phone: 206 - 822 -4114
I /WE,Csignature(s)]
swear that I /we a e the owne "-, contract purchaser(s) of the
property involved in this appli -.tion and that the foregoing
statements and answers contain d in this application are true and
correct to the best of my /our
knowledge and belief.
Date: / 2/.3 /#?)
JS:del
Tukwila Public Works
6200 Southcenter Blvd
Tukwila, WA 98188
Dear Gentlemen:
cc: City of Tukwila
STATE OF WASHING I ON
DEPARTMENT OF ECOLOGY
Mail Stop PV- 11 • (.)lympia, Washington 9850.1-8711 • ('(N,) 45'(-(,(
May 29, 1990
Re: City of Tukwila Permit #90 -1 -SMP
Tukwila Public Works - Applicant
Shoreline Substantial Development Permit #1990 -11132
The subject Shoreline Management Substantial Development permit has been
filed with this office by City of Tukwila on May 29, 1990.
If this permit is not appealed to the Shorelines Hearings Board on or before
June 28, 1990, authorized construction may begin. Other federal, state and
local laws regulating such construction shall be complied with. Unless an
appeal is filed, this letter constitutes final notification of action on
this permit.
Sincerely,
M 3 0 1990
Cf F Y (Ji i U■VViLA
Pi. . 1114innn ,.._. _.
Jo Sohneronne
Permit Coordinator
Shorelands and Coastal Zone
Management Program
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Dear Gentlemen:
JS:del
cc: City of Tukwila
k, I ( ‘1. A"I IN( .11 )\
D[PARTMFNT OF [COLOGY
%Mil Sti 1't 11 • I noniosa t‘,1,111n ,■;" 1 • 1..I N0 ex,
May 29, 1990
t) l•
.•1 4;
Tukwila Public Works
6200 Southcenter Blvd
Tukwila, WA 98188
Re: City of Tukwila Permit #90-1-SMP
Tukwila Public Works - Applicant
Shoreline Substantial Development Permit #1990-11132
The subject Shoreline Management Substantial Development permit has been
filed with this office by City of Tukwila on May 29, 1990.
If this permit is not appealed to the Shorelines Hearings Board on or before
June 28, 1990, authorized construction may begin. Other federal, state and
local laws regulating such construction shall be complied with. Unless an
appeal is filed, this letter constitutes final notification of action on
this permit.
Sincerely,
C-
v
---
Jo Sohneronne
Permit Coordinator
Shorelands and Coastal Zone
Management Program
6.1:1
City of Tukwila
PLANNING DEPARTMENT
6200 Southcenter Boulevard
Tukwila, Washington 98188
(206) 433 -1849
Shoreline Management Act of 1971
PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT
CONDITIONAL USE OR VARIANCE
File Number: 90 -1 -SMP
Approved X Denied
Date: 4 -12 -90
TYPE OF
ACTION: [] Substantial Development Permit 0 Conditional Use [[ Variance
Pursuant to RCW 90.58, a permit is hereby granted to:
TUKWILA PUBLIC WORKS DEPARTMENT
to undertake the following development (be specific): ROAD WIDENING
AND IMPROVEMENTS IN AND NEAR THE INTERSECTION OF SR 181 AND S. 180TH
upon the following property (legal description, i.e., section, township, range):
NE QUARTER OF SECTION 35 OF TOWNSHIP 23 N., RANGE 4 W.M.
THE PROPOSED PROJECT WILL BE WITHIN THE AREA OF THE GREEN RIVER
AND ITS ASSOCIATED WETLANDS, WHICH IS A SHORELINE OF STATEWIDE
SIGNIFICANCE AND IS DESIGNATED AS AN URBAN ENVIRONMENT.
The following master program provisions are applicable to this development
(state the Master Program sections or page numbers): P.P. 4.1 -4.7
Development pursuant to this permit shall be undertaken
pursuant to the following terms and conditions:
A LANDSCAPE PLAN SHALL BE SUBMITTED AND APPROVED BY THE PLANNING DIRECTOR
ONCE FINAL CONSTRUCTION PLANS ARE DEVELOPED
PERMIT FOR SHORELINE MANAGEMENT'SUBSTANTIAL DEVELOPMENT
Page 2
This permit is granted pursuant to the Shoreline Management Act of 1971 and
nothing in this permit shall excuse the applicant from compliance with any other
federal, state or local statutes, ordinances or regulations applicable to this
project, but not inconsistent with the Shoreline Management Act (Chapter 90.58
RCW).
This permit may be rescinded pursuant to RCW 90.58.140(8) in the event the per -
mittee fails to comply with the terms or conditions hereof.
CONSTUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED
UNTIL THIRTY (30) DAYS FROM THE DATE OF FILING WITH THE DEPARTMENT OF
ECOLOGY AS DEFINED IN RCW 90.58.140(6) AND WAC 173 -14 -090, OR UNTIL ALL
REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS FROM THE DATE OF SUCH
FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN QW 'i, 8.1ti(5)(a)(b)(c).
4 // /( (ya
Date
Construction or substantial progress toward construction must begin within two
years from date of issuance, per WAC 173 -14 -060.
THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY
IN REGARD TO A SUBSTANTIAL DEVELOPMENT PERMIT
WITH A CONDITIONAL USE OR VARIANCE PERMIT.
DATE RECEIVED BY THE DEPARTMENT :
APPROVED (date):
DENIED (date):
Development shall be undertaken pursuant to the
following additional terms and conditions:
Director, Planning Department
This conditional use /variance permit is approved /denied by the department
pursuant to Chapter 90.58 RCW.
Date (Signature of authorized Department official)
cc: Applicant, File, D.O.E.
(25/ SHOR. PMT )
.....:
ITEM :INFORMATI ..:;;... °'.. .....
CAS Number: 91 .'f 73
Agenda Item Title: 90 -2 -CPA / 90 -2 -R: MCLEOD EXHIBITION FACILITY
COMPREHENSIVE PLAN MAP AMENDMENT AND REZONE
Original Agenda Date: 12/76/1
Original Sponsor: Council Admin. X Approved
Trnehne:
Recommended Action: Planning Commission recommends modified approval, (see
Attachment D of Staff Report) subject to 1) A City public hearing to consider
inclusion of two adjacent parcels. (Seattle Water Line & Puget Power Termination Statior
2) Compliance with access and Strander Boulevard conditions.
•
Administrative Recommendations: All , recommendations made by DCD were incorporated
in the Planning Commission's recommendation.
Cost Impact (if known):
Fund Source (if known): •
APPENDICES
Date
11 -25 -91
A. Planning Commission transmittal.
11 -25 -91
B. Property Map.
11 -14 -91
C. RECOMMENDED Comprehensive plan and zoning map.
11 -14 -91
D. Planning Commission Minutes.
11 -1 -91
E. Staff report.
lAki
COUNCIL AGENDA SYNOPSIS
ITEM NO. F Cc..
RECORD OF COUNCIL ACTION: ::.
Date
12/16/91
?/1/9?
Action
Public Hearing held
Sernnri pithlir hearing to rnncider commercial designation and a
C -2 district
* ** *2/3/92
Memo with attachments
�
TO:
FROM:
SUBJECT:
DATE:
BACKGROUND
C
City of 71tkwila
6200 Southcenter Boulevard • Tukwila, Washington 98188
Mayor Rants
Rick Beeler
Director, DC
90 -2 -CPA / 90 -2 -R: McLeod Exhibition Facility
30 January 1992
REOUESTED COUNCIL ACTION
Phone: (206) 433.1800 • City Hall Fax (206) 413 -1833
John W. Rants, Mayor
On 16 December 1992, the City Council held a public hearing to
consider the recommendation of the Planning Commission. The
Planning Commission recommended modified approval of the
applicant's request for a Comprehensive Plan map change and a
rezone of his property. The Planning Commission also recommended
including . the adjacent Seattle Water Department's parcel and the
Puget Power parcel in the requested action and to limit the area of
change to that area outside the type 1 wetland, any additional
wetland created due to mitigation from off -site and the required
buffer.
The City Council directed staff to:
a. prepare findings and conclusions to reflect a change to
commercial and C -2 instead of the requested light
industry and M -1, and
b. schedule a hearing regarding the considered change.
Attached is a draft ordinance (Attachment E) with findings and
conclusions to support a commercial designation and C -2 district
(Attachments A, B, C and D of this memo show existing and proposed
comprehensive plan and zoning maps.)
1. Open hearing and take testimony regarding comprehensive plan
change and rezone to commercial and C -2 respectively.
2. Adopt (or amend and adopt) the findings and conclusions
(Exhibit A of draft ordinance),
ATTACHMENTS
3. Direct Mayor to place the ordinance reflecting the decision of
the Council and on the next consent agenda.
A EXISTING COMPREHENSIVE PLAN MAP'
B EXISTING ZONING MAP
C PROPOSED COMPREHENSIVE PLAN MAP
D PROPOSED ZONING MAP
E DRAFT ORDINANCE
CITY OF TUKWILA
PARKS & OPEN SPACE
COMMERCIAL
LIGHT INDUSTRIAL
PUBLIC FACILITIES
CITY OF RENTON
GREENBELT
COMMERCIAL
MANUFACTURING PARK/
MULTIPLE OPTION
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EXISTING
COMPREHENSIVE PLAN
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CITY OF TUKWILA
WASHINGTON
ORDINANCE NO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING THE
COMPREHENSIVE LAND USE MAP FROM PARKS AND
OPEN SPACE AND PUBLIC FACILITY TO
COMMERCIAL, AND REZONING FROM R -A TO C -2 FOR
CERTAIN PROPERTIES.
WHEREAS, Stuart McLeod, hereinafter referred to as "McLeod ", is the owner of real
property located in Section 25 Township 23 and Range 4 in the City of Tukwila, Washington,
and
WHEREAS, the property has a Comprehensive Plan Land Use Map designation of Parks
and Open Space and Public Facility and a zoning designation of R -A, Agricultural, and
WHEREAS, McLeod applied for an amendment of the Comprehensive Plan Land Use
Map designation for the property to Light Industry and for a rezone of the property to M -1, Light
Industry under City File Nos. 90-2 -R and 90-2 -CPA, and
WHEREAS, the City's SEPA responsible official has determined that significant adverse
environmental impact as a result of the proposed changes to the Comprehensive Land Use Plan
Map and the official zoning map can be mitigated, and
WHEREAS, the Planning Commission held a public heating on November 21, 1991
concerning the proposed Comprehensive Plan Land Use Map change and the rezone of the
property as requested by McLeod and at the conclusion of said public hearing, adopted Findings,
Conclusions and a recommendation to the City Council to approve the request with
modifications and conditions, and
WHEREAS, there are two parcels owned by utility companies and developed with
utilities within the Parks and Open Space area and the RA district, which would remain islands
of Parks and Open Space on the Comprehensive Land Use Map and agricultural zoning unless
included in action, and
WHEREAS, the City Council held a public hearing on December 16, 1991 to consider
the Planning Commission's recommendation, and
WHEREAS, the City Council felt that a Commercial Comprehensive Land Use Plan
Map designation and the uses of the C -2 zone would be more appropriate for the area and would
allow McLeod his proposed use for the property, and
WHEREAS, the City Council held an additional public hearing on February 3, 1992,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings and Conclusions Adopted. The Council hereby adopts the Findings
and Conclusions attached hereto as Exhibit A and incorporated herein.
Section 2. Comprehensive Land Use Plan Map Amended. The Comprehensive Land Use
Plan Map of the City of Tukwila, adopted by Ordinance No. 1039, is hereby amended by
changing the designation of properties generally bounded by the Burlington Northern and Union
ATTACHMENT E
Pacific Railroad rights -of -way, the northern property line of the Seattle Water Department's
Cedar River pipeline, and a line that follows the northern limits of the wetland edge and buffer of
a type 1 wetland on the City's zoning map and more particularly described on Exhibits B, C, and
D, and as shown on Exhibit E and attached hereto and incorporated herein by this reference as if •
set forth in full from Parks and Open Space and Public Facility to Commercial.
Section 3. Zoning Map Amended. The Official Zoning Map of the City of Tukwila as
adopted by Ordinance No. 1247 is hereby amended to change the zoning classification for the
property described on Exhibits B, C, and D, and as shown on Exhibit E, from R -A, Agricultural
to C -2 Regional Retail Commercial.
Section 4. Conditions of Action, The Mayor is hereby authorized to execute and the City
Clerk to attest to, certain agreements as described in Findings, Conclusions and Decision of the
City Council, Exhibit A, and incorporated herein by this reference as if set forth in full.
Section 5. Duties of Director of Community Development. The Director of Community
Development is hereby instructed to make the necessary changes' to the Comprehensive Land
Use Plan Map and the Official Zoning Map of the City to reflect the changes authorized by this
ordinance.
Section 6. Severability If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of an other
section, sentence, clause or phrase of this ordinance.
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
By
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL;
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
John W. Rants, Mayor
Section 7. 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 (5) days after
passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of ,1992.
FINDINGS, L,rJCLUSIONS AND DECISION OF c.AE CITY COUNCIL
90 -2-CPA AND 90 -2-R: MCLEOD EXHIBITION FACILITY
VICINITY /SITE INFORMATION
1. Project Description: Comprehensive Land Use Policy Plan Map redesignation from
Parks and Open Space and Public Facility to Light Industry and rezone from R - -
Agricultural to M-1 - Light Industry. (Applicant is also proposing a 250,000 square foot
exhibition facility which would be reviewed by the Board of Architectural review at
some future date.)
2. Existing Development., Undeveloped
3. 5urroundirig Land Use:
Immediate Vicinity
Exhibit A
Abutting the site on the east and west are mainline railroad tracks for the Union Pacific
and Burlington Northern Railroad Companies.
A large, type 1, high value wetland runs from the south portion of the site to
approximately 180th street.
Graveled parking areas, pasture, that in places has been used for a dump site for
construction waste and din and the Seattle Water Department Cedar River pipeline right -
of -way abut the north end of the subject site.
Several trails run through the site that have been used, it appears, by racetrack
enthusiasts.
The Puget Power Nelson termination station lies in the center of the site.
Surrounding vicinity:
East of Burlington Northern is Longacres Racetrack, which is in its next to last year of
operation at the site, to be replaced with Boeing Company facilities. In addition to the
campus office setting proposed for the Boeing Company are mid -rise and single story
offices and warehouses and undeveloped parcels in the Renton area.
West of the subject site along West Valley Highway are commercial facilities including
hotels and restaurants. There are also several homes remaining in the area. Farther south
on the highway, away from the I -405 interchange, are light industrial, office and
distribution uses.
4. Terrain: Flat
5. Vegetation: A tree survey shows that the majority of trees are located within 100 feet of
the east and west property lines. Ditches were dug along the sides of the site presumably
to drain the properties, hence the tendency to foster mature vegetation. The survey
identifies cottonwoods and chestnuts but there are also willow and ash. The other
vegetation are pasture grasses and wetland plants and shrubs.
6. Access: There is no access via a public right -of -way to the parcels. There is however
potential access from Strander Boulevard, which terminates 200 feet east of the site. 100
foot wide rights -of -way for Puget Power and Union Pacific Railroad separate the subject
site from public road right -of -way.
Page 1
7. jam; There at humerous underground and overhead itity lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and adequate to
serve the site. The storm drainage plan for this drainage basin would need to be revised
to reflect a change in land use. There is a Metro sanitary sewer line on the north parcel.
According to the applicant there is a buried telephone cable along the western bolder of
the site.
Exhibit A
A separate parcel of Agricultural and RA property exists adjacent to the north boundary
of the subject site that is owned by the Seattle Water Department for the Cedar River 60
inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a termination
station within the southern parcel of the subject request.
8. Public Facilities: The Interurban Bike and Pedestrian Trail will be constructed within the
Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
1. The subject site was annexed to the Qty of Tukwila as a result of the Renton/Tukwila
Boundary Adjustment in January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their Commercial
Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA - Agricultural, to
make it consistent with Tukwila's Parks and Open Space Comprehensive Plan
designation for the site. Therefore there is inconsistency between the two
Comprehensive Plans for the same property.
2. Two parcels of R -A zoning other than the applicants' exist within the R -A district and
adjacent to the M -1 district. Conversations with representatives of the property owners
indicate that they are not against being redesignated and rezoned. Seattle Water would
not object if the change does not result in additional costs to them or change or create a
nonconforming status and Puget Power feels it would be appropriate for their property to
reflect the zoning of adjacent parcels.
3. The wetlands located on the rezone site and on the larger exhibition facility site were a
factor in the environmental review. The Sensitive Areas Overlay Zone provides the
regulations and standards for these areas.
A wetlands report was prepared and the wetlands were identified and delineated in the
field. The applicant proposes expanding the type 1 wetland to accommodate
compensatory mitigation for filling several type 3 wetlands located in the north section of
the exhibition project site. The applicant has also requested a reduction of the buffer
width which will be reviewed when the detailed mitigation plan is submitted with an
actual development plan.
COMPREHENSIVE PLAN MAP DESIGNATIONS
Parks and Open Space represent public parks, recreation facilities, school playgrounds,
and other public open spaces, including agricultural lands under open space taxation.
Commercial areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
Light Industrial is intended for areas characterized by distributive and light
manufacturing uses, commercial and office uses.
Page 2
Those standards are listed below in bold.
public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
FINDINGS ON COMPREHENSIVE PLAN AMENDMENT CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the enabling legislation
for Comprehensive Planning in optional code cities, review standards from court cases give
instruction for comprehensive plan amendments and rezones.
1. Unforseen changes in circumstances have occurred in community conditions that justify
a Comprehensive Plan redesignation of the subject property or existing plan policies.
Access agreements between the applicant and Union Pacific and Puget Power have been drafted
and copies have been supplied to the City. The applicant awaits development approvals prior to
executing the agreements.
Documentation of industrial property shortage has not been submitted.
The Comprehensive Plan anticipates a Strander Extension through the site via a Public Facility
designation on the Land Use Map and "Secondary Arterial" route shown on the Circulation Map.
The most significant change is the relocation, after the 1992 racing season, of the Longacres
racetrack, which has been a regional facility since 1933. It will be replaced by a Boeing
Company development.
2. Factual evidence supports an additional or changed public need for the proposed
designation.
There is no known error in the factual basis of the Plan. The applicant's response. does not
address a changed or additional public need for the industrial land.
3. Analyze the Tukwila Comprehensive Land Use Policy Plan and discuss the policies that
relate to the requested amendment.
Goal 2 (page 12) - the City should achieve a balance between regional goals and local aspirations
... Tukwila is an inseparable part of a larger region. Tukwila's policies should provide for the
enhancement of regional goals.
Goal 4 (page 12) - the City's plans should be coordinated with those of other jurisdictions.
The King County Comprehensive Plan does not designate the site as agricultural but
instead as urban. The regional plan concludes that agriculture uses are most productive
in large agricultural communities where there is a support network. The Plan focuses its
efforts on conserving farmlands within designated Agricultural Districts in order to
minimize conflicts between disparate uses. In the County's Plan, the subject site is
designated as urban and not as an agricultural district.
The City of Renton Comprehensive Plan designates the area around Longacres Racetrack
as Commercial and the rest of the area surrounding the racetrack as Manufacturing Park/
Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander Boulevard.
pOLICY REVIEW
Natural Environment Element General Goal 2 (page 15) use and preserve the natural .
resources of the physical environment in a wise and posterity oriented manner.
Exhibit A
Page 3
Policy 4 (Page 25) Encourage the retention of agricultural lands.
The policy comment further explains, "encourages the cultivation of valley soil for
farming ... discourages the inziniza displacement of existing farmlands." underline
added)
Objective 2. (page 25) Promote the retention and preservation of highly suitable areas for
wildlife habitat and natural area.
Policy 1. (page 25) Strive to retain viable arras of wooded hillsides, agricultural lands, wetlands,
Objective 4. (page 27) Realize the ability of natural ... marshes to handle storm runoff while
acting as significant natural amenities.
Commerce/lndustry Element
Policy 2, (page 60) Allow for the location of new commercial and industrial areas and the
expansion of existing ones when this expansion is compatible with surrounding land use and not
detrimental to the public welfare.
Objective 5. (page 66) Recognize agriculture as an economic use of land.
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban use of the land, it certainly has
its place in the area's economy."
Policy 1, (page 66) Encourage the continuation of productive agricultural use of land until
orderly conversion to urban usage occurs. (underline added)
The policy comment further explains, "It is recognized that much of the land in the .=
Tukwila area will eventually give way to planned and orderly expansion of urban uses.
However it would be desirable to maintain the land in a productive agricultural use until
this conversion occurs."
COMPREHENSIVE LAND USE MAP CONCLUSIONS
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for an
agricultural district in the area. Furthermore, the subject site is not now in active agricultural
use. Therefore the Open Space designation is not needed for agricultural purposes.
2. No programs or regulations have been implemented to preserve agricultural land within the
City of Tukwila and the subject site's property owners have not entered the site into the
Agricultural Assessment Program.
3. Policy 1, page 66 anticipates conversion of and supports the requested redesignation from
Parks and Open Space to urban uses.
4. When Strander Boulevard right -of -way is dedicated and the road is developed the site will
have frontage to the cross valley arterial. With construction of the Boeing Company facility, the
property will be largely surrounded by commercial and industrial uses.
5. Policy 1, page 60 states: "Encourage the grouping of uses which will mutually and
economically benefit each other or provide necessary services." The policy is meant to
encourage groupings of complementary uses and thereby maximize the drawing power or
reputation of each grouping - comment explains that most business land uses when grouped,
complement one another since the clientele drawn to one will frequent others.
Exhibit A
3D
Page 4
Access to the site from _. Avila will be along arterials which in t , area are developed with
commercial services.
6. The City is committed to its Natural Environment Element policies through implementation
of regulations preserving wetlands and other natural resources. Therefore retaining a Parks and
Open Space designation for the wetland located on the southern section of the one parcel would
be a consistent choice with the policies and regulations regarding wetlands.
It is not appropriate to designate all sensitive areas with a Parks and Open space designation.
Because the subject wetland is a part of a much larger system that exists as an RA site, it makes
sense to preserve the designation in this situation.
7. If Puget Power and City of Seattle Water parcels are not incorporated into the final trap
changes in the area, they will remain as isolated areas of Open Space and agricultural zoning.
FINDINGS ON REZONE DECISION CRITERIA
1. The use of change in zoning requested shall be in conformity with the adopted
Comprehensive Land Use Policy Plan, the provisions of this title, and the public interest.
The requested rezone would be in conformance with the Plan if the proposed redesignation to the
Comprehensive Plan Map is approved.
2. The use or change in zoning request in the zoning map or this title for the establishment
of commercial, industrial or residential use shall be supported by an architectural site plan
showing the proposed development and its relationship to surrounding areas.
The applicant's site plan demonstrates that the property could be developed.with a commercial
use.
SUPPLEMENTAL STATE SUPREME COURT REZONE CRITERIA TO BE
CONSIDERED
3. Significant changes have occurred in the character, conditions or surrounding
neighborhood that justify or otherwise substantiate the proposed rezone.
Longacres, a major landmark in the area, will be relocating out of the neighborhood, and pasture
or other support uses for horses will no longer be necessary.
According to the Comprehensive Plan, agricultural use and accompanying designation, while
having a place within the community, was not to prevent eventual urbanization of land.
The uses along West Valley Highway have redeveloped over the last five years from low
intensity uses to more intensive commercial uses.
4. The proposed rezone is in the best interest of the public health, safety and welfare as
compared to the hardship, such as diminution of property value, imposed on the individual
property owner.
The uses allowed in an RA zone are limited to single family dwellings on one acre parcels,
agricultural uses including horticulture, nurseries, field crops; breeding and raising livestock,
fowl or fur bearing animals; kennels or riding stables, provided the use has a minimum of five
acres.
These uses are not allowed elsewhere within the zoning code, so the opportunity for those uses
such as riding stables and academies or polo fields, which would be a service to an urban
population would be reduced
Exhibit A
Page 5
3/
east
REZONE CONCLUSIONS
1. If the Comprehensive Plan designation is changed, then the rezone would be in conformance
with the Plan.
2. C -2 zoning will be an appropriate zone for the site when Strander Boulevard is extended.
3. The relocation of Longacres, a major regional attraction and land use element of the
neighborhood, is an unforseen change that significantly impacts the area.
4. Agricultural zoning for the site, given the change that has occurred around the site and the
adjacent zoning and development, is inappropriate and would appear to be a hardship imposed
on the property owner.
DECISION
5
t
Several areas of RA remain within the City Limits - Foster Golf course, Fort Dent, and the area
bounded on the north by 178th, on the east by 57th (Southcenter Pkwy) and the eastern and
southern city limits
There is also a King County designated agricultural district located between the City's southern
limits and the Kent limits. This district effectively is extended into Kent because of the
agriculturally zoned lands within Kent and the limitation of urban services from Kent to the
side of the Green River.
5. The unimproved subject property is unsuitable for the purpose for which it has been
zoned considered in the context of the length of time the property has remained
unimproved and land development in the surrounding area.
The access and physical characteristics are as instrumental as the zoning in the developed versu
undeveloped nature of this property. Adjacent properties are being redeveloped and this site
would be a logical extension of that development.
The City Council approves the Comprehensive Plan amendment and rezone applications as
modified to Commercial and C -2 for all but the area containing the type one wetland and its
buffer including the Seattle Water and Puget Power parcels, with the following conditions:
1. The applicant shall pay for an update of the Nelson/Longacres Storm Drainage Plan to
include the area of change at its highest and best use.
2. The applicant shall sign and record no protest L.I.D. agreements for storm, sanitary and water
improvements for the area.
3. The applicant shall record sufficient easement as determined by Tukwila Public Works
Department from the eastern terminus of Strander Boulevard to site, providing continuation of
Strander Boulevard and access to subject properties.
4. The applicant shall consolidate his separate tax parcels and or provide 60 foot dedicated
of -way to all parcels within rezone site.
5. The applicant shall sign and record an agreement to dedicate a 60 foot future road easement
across property to provide for extension of Strander Boulevard into the City of Renton and
dedicate the necessary right -of -way when requested by the Qty. Applicant also agrees not to
protest L.I.D. formation for Strander right -of -way extension improvements.
Exhibit A
Page
TO:
City of Tukwila
MAYOR RANTS
FROM: RICK BEELER
DIRECTOR, DC
DATE:. 31 JANUARY 1992
LEGAL DESCRPTION
6200 Southcenter Boulevard • Tukwila, Washington 98188 John W. Rants, Mayor
SUBJECT: LEGAL DESCRIPTIONS — MCLEOD COMPREHENSIVE PLAN AMENDMENT
AND REZONE
A PORTION•OF MCLEOD'S PROPERTY, THE EXISTING WETLAND AND EXPANDED
WETLAND AREA AND BUFFER, WILL . REMAIN. IN THE RA ZONING DISTRICT.
THE AREA HAD TO BE DETERMINED BY THE WETLAND • BIOLOGIST AND LEGALLY
DESCRIBED BY A LAND SURVEYOR. • THE PROPOSED DESCRIPTION WAS
RECEIVED ON 30 JANUARY AND IS BEING REVIEWED BY THE'TUKWILA PUBLIC
WORK'S DEPARTMENT.
THE SEATTLE WATER. DEPARTMENT'S DESCRIPTION OF THEIR AFFECTED
PROPERTY IS GENERAL WITH REFERENCE TO TAX PARCEL AND SECTION. A
MORE DETAILED METES AND BOUNDS DESCRIPTION IS BEING DEVELOPED BY
SEATTLE WATER AND IS ANTICIPATED FOR COMPLETION BY THE END OF NEXT
WEEK. •
Phone: (206) 433 • City Hall Fax (206) 433 -1833
PUGET POWER
NELSON CABLE TERMINATION SITE
the County of King, State of Washington:
That portion of the Henry Meader Donation Claim #46
in the North h of the Northwest of Section 25,
Township 23 North, Range 4 East, W.M., described as
follows:
Beginning at a point on the south line of said Do-
nation Claim and the east margin of the C.M.St.P.& P.
railroad right of way; thence easterly 120 feet along
the south line of said Donation claim; thence norther -
ly at right angle a distance of SO feet, thence wes-
terly parallel with the south line of said Donation
claim to the easterly margin of the C.M.St.P. &P. rail -
road right of way, thence southerly along said railroad
right of way to the point of beginning.
CITY OF SEATTLE WATER
RIVER PIPELINE
(CURRENTLY BEING DEVELOPED)
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SEC 25, T23N, R4E,
Applicant's Site
Puget Power
Seattle Water Line
90-2-CPA/90-2-R McLeod Exhibition Facility
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EXHIBIT E
..:.. ,:..:.. :;... >! ..:::.. :ITEM:INFOR A::.1 O N.:..: :: ..
CAS Number:
Agenda Item Title: 90 -2 -CPA / 90 -2 -R: MCLEOD EXHIBITION FACILITY
COMPREHENSIVE PLAN MAP AMENDMENT AND REZONE
Original Agenda Date:
12,114,/91
Original Sponsor: Council Admin. X Approved
Timeline:
Recommended Action: Planning Commission recommends modified approval, (see
Attachment D of Staff Report) subject to 1) A City public hearing to consider
inclusion of two adjacent parcels. (Seattle Water Line & Puget Power Termination Station
2) Compliance with access and Strander Boulevard conditions.
11 -1 -91
Administrative Recommendations: All recommendations made by .DCD were incorporated
in the Planning Commission's recommendation.
Cost Impact (if known):
Fund Source (if known): •
COUNCIL AGENDA SYNOPSIS
ITEM NO. ,
3
:RECORD .4F: COUNCIL;: <ACTION
Date
12/16/91
Action
Date
11 -25 -91
A. Planning Commission transmittal.
11 -25 -91
B. Property Map.
11-14-91
C. RECOMMENDED Comprehensive plan and zoning map.
'`''11 -14 -91
D. Planning Commission Minutes.
11 -1 -91
E. Staff report.
COUNCIL AGENDA SYNOPSIS
ITEM NO. ,
3
:RECORD .4F: COUNCIL;: <ACTION
Date
12/16/91
Action
•
CITY OF T UIi WILA
6200 SOI THCE.VTEk 1101'LE TUKWIL.A. N'ASHLVGTO. \' 98INh'
To: Mayor Gary VanDusen
From: Moira Carr Bradshaw
Associate Planner
Date: 22 November 1991
PHONE a 120t , 433.1t um
Subject: TUKWILA PLANNING COMMISSION TRANSMITTAL
Gun 1.
RECOMMENDATION
The Planning Commission held a public hearing on 14 November 1991
to consider 90 -2 -CPA: and 90 -2 -R: McLeod Exhibition Facility.
Based upon the testimony received and the Findings and Conclusions
of the staff report, the Planning Commission recommends to the City
Council the following:
1. Advertise and hold a public hearing to include two adjacent
parcels in the. requested revision to the Comprehensive Plan
and Zoning Maps. The additional parcels are small areas
containing utilities and would remain islands of inconsistent
zoning if they were not included in the change.
(See Appendix B)
2. Adoption of its Findings and Conclusion (see 1 November
1991 Staff report, Appendix E)
3. Approve the subject request outside of the type 1 wetland
and buffer, and include the two parcels mentioned above.
(Appendix C)
4. Require recording of no protest LID for dedication of
necessary right -of -way across subject property and roadway
improvement; and consolidation of subject parcels or
dedication of access easements.
PROCEDURE
There are no adopted criteria or procedures for amending the
Comprehensive Plan. There are however judiciary decisions which
set forth rational for Plan amendment; which are contained in the
attached staff report.
Rezone procedures require a public hearing before the Planning
Commission. The Commission held their hearing and recommend that
the Council hold an additional hearing to receive testimony
regarding inclusion of two adjacent parcels.
Rezone criteria are listed in the Tukwila Zoning Code (TMC 18.84)
and the attached staff report.
REQUIRED ACTION
1P. City Council adoption of finding and conclusions approving,
modifying or denying the request. (Findings and conclusions
supporting a modified approval of the request are contained in the
1 November 1991 staff report.)
2. If approval is granted, City Council adoption of an ordinance
containing their decision with any necessary attachments.
g7
APPENDIX . A
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Seattle Water Line
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APPENDIX B
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PLANNING COMMISSION
MINUTES
NOVEMBER 14, 1991
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188 PHONE H 12061433.1800 Gary L. VanDrsnr, Mayor
Mr. Flesher opened the work session at 6:20 p.m. In attendance were. Messrs. Flesher,
Malina, Knudson, and Gomez. Mr. Haggerton was excused. Representing the staff were
Vernon Umetsu, Jack Pace, and Sylvia Schnug.
Vernon Umetsu reviewed his memo and the recreation space standards of other
jurisdictions. He noted that the Multi-Family Design Standards draft proposes . to increase
the required amount of recreation space from 200 sq. ft. to 400 sq. ft. and allow the
opportunity for 1/2 of that space to be located off-site, within 1/2 mile of the project site in
any zone if the developer desires. The Focus Group suggested providing a 3 to 1 credit for
providing indoor recreation space over outdoor space. For example, 100 feet of indoor
recreation space in gyms, spas, etc. would be equivalent to 300 feet of outdoor recreation
space.
Mr. Knudson said he is concerned about how to best use whatever recreation land or fees
are required to create multifamily developments and neighborhoods which are good places
to live. Just putting some space within a half mile of a project may not be enough. More
problems could be created by proposing requirements which don't address the problem.
Mr. Umetsu agreed 100% with Mr. Knudson. Staff has concluded that increased densities
mean increased need for improvements and sensitive design along public streets. Many
proposed standards and guidelines focus on streetscape, sidewalk and project design
improvements; in addition to facilitating development of a strong system of neighborhood
parks as a focus of community activity. He stated that the developer funded proportion is
a policy decision for recommendation by the Planning Commission and action by the City
Council. Staff has provided a rationale for requiring 400 sq. ft. of recreation space per unit.
Mr. Flesher said he is concerned over the . viability of the off - site recreation option. The
developer focus group did not feel that this was realistic. He is concerned over doubling the
recreation space required and then saying that half can be provided off -site. The increased
indoor space credit could be effective in creating a more desirable development: with high
quality housing.
APPENDIX D
Planning Commission Minutes
November 14, 1991
Page 2
Mr. Umetsu said that whatever amount is required, staff urges allowing half to be located
off-site because developing excellent recreation areas within a walled in project, does nothing
to alleviate the impacts of higher densities (and building masses) on the neighborhood.
That is what staff wants to address. Staff anticipates the City would maintain newly created
parks.
The Planning Commission agreed by consensus to require the 400 sq. ft. of recreation space
with the option of allowing the developer to add money to the City fund for development
of public parks, and the money to be spent within a three year period. Staff was requested
to present an administrative system for a fee option based on single family land values.
The Planning Commissioners agreed to approve the proposed sections on pages 30-31,
except for the following:
With regard to page 30, the Development Standards; the Planning Commission agreed to
* Delete the section which reads:
Existing: A minimum 30% of all recreation space must be open or uncovered.
Proposed No change.
• Change the proposed section which reads:
Existing: A maximum of 50% of uncovered space may have a 4:1 (25%) slope.
Proposed No maximum area for steeper slopes. However, recreation areas shall
not exceed a 4% slope in any direction unless it is determined that the
proposed space design clearly facilitates and encourages the anticipated
use as endorsed by the Perks-imid-Ikeereatieriaireeter DCD Director.
Change the proposed section which reads:
Existing: No provision for extra credit for enclosed recreation facilities.
Proposed The Board of Architectural Review may grant a maximum credit of 2
3 square feet of recreation space for each 1 square foot of extensively
improved indoor recreation space provided Interior facility
improvements would include a full range of weight machines, sauna,
hot tub, large screen television and the like.
Accept the existing language and delete the proposed language in the following
section:
Existing: No general requirement to identify recreation area usage.
Proposed: The anticipated use of all recreation areas shall be specified and
designed to clearly accommodate that use.
Planning Commission Minutes Page 3
November 14, 1991
* Change the proposed section which reads:
Existing: 2 per unit regardless of unit size. All spaces shall be individually
accessible.
Proposed: ' 2 per unit. Tandem spaces will be allowed for each three bedroom and
1/3 of all two bedroom units. No more than ' of all parking spaces
may be tandem and all tandem parking spaces will be full -size rather
than compact size vehicles.
With regard to the Multi - Family Design Guidelines, the Planning Commissioners agreed to
delete sections 18 and 13.
Mr. Flesher adjourned the work session at 7:55 p.m. and called for a 15 minute recess.
Mr. Flesher called the public hearing to order at 8:10 p.m.
Moira Carr Bradshaw joined the staff which were present.
MR .GOMEZ MOVED TO APPROVE THE MINUTES OF THE OCTOBER 17 AND
OCTOBER 24, 1991 MEETINGS. MR. MALINA SECONDED THE MOTION; MOTION
UNANIMOUSLY APPROVED.
Mr. asked for citizen's comments for items: not listed on the agenda; there were none.
90- 2- CPA/90 -2-R: McLeod Exhibition Facility:
Moira Carr Bradshaw presented the staff report. She located and described the site on an
aerial map as well as on overhead projections. Staff went on to say that this proposal was
for two parcels.' She stated that the proposed exhibition facility will extend from the subject
parcel, all the way up to the I-405 crossing. The parcels that the request is being made for
is approximately 9 acres and until 1987 these parcels were in the City of Renton. When the
irregular: boundary was cleaned up, these parcels were annexed into the City of Tukwila.
She stated a wetland runs from 180th up to the site, and along the southern edge: of the
subject site.
In summary, staff recommended the re- designation from Parks and Open Space to Light
Industrial based on the findings and conclusions of the staff report dated November 1, 1991.
Staff felt that a light industrial designation was more appropriate than a commercial
designation because the property is isolated from the properties to the east and west by the
elevated railroad tracks. Staff stated that two small parcels of Puget Power's and Seattle
Water's adjacent to the subject site also had the. Parks & Open Space designation. The
applicant has agreed to enter into a no- protest LID agreement for an extension of : Strander
Boulevard which is the portion of the site with the public facility designation. If that
agreement were recorded prior to the recording of any comprehensive plan change or
Planning Commission Minutes
November 14, 1991
rezone, then that public facility designation would not be necessary.
Don Miles, 15828 SE 24th, Bellevue, WA:
M. Miles stated that he was the engineer working on this project and he wished to answer
any questions the Planning Commission might have
Mr. Flesher asked where the access to the facility would be
Mr. Miles stated that the access will be Strander Blvd.
Mr. Knudson asked why they had decided to choose a light industrial designation.
Mr. Miles said they chose that designation because it was comparable with the adjoining
properties.
Mr. Flesher closed the public hearing at 9:00 p.m.
Mr. Knudson stated that this was probably one of the most dramatic zoning changes the
Planning Commission has encountered and that much activity has taken place in that area
recently.
MR. 'KNUDSON MOVED TO ADOPT THE FINDINGS AND CONCLUSIONS 'OF THE
STAFF REPORT AND RECOMMEND APPROVAL OF THE COMPREHENSIVE LAND
AMENDMENT AND REDESIGNATE THE MAP FROM PARKS AND OPEN SPACE:AND
PUBLIC FACILITY TO LIGHT INDUSTRIAL.; MR. GOMEZ SECONDED '111E•
MOTION; MOTION UNANIMOUSLY APPROVED. •
Mr. Knudson amended the motion to read as follows:
Page '4
MR. 'KNUDSON MOVED TO APPROVE •' THE CHANGE TO THE COMPREHENSIVE
PLAN DESIGNATION FROM PARKS .& OPEN SPACE AND PUBLIC FACILITY LIGHT • •
INDUSTRIAL AND REZONE FROM AGRICULTURAL (RA) TO LIGHT-INDUSTRY
(Ml) BASED ON THE STAFFS FINDINGS AND CONCLUSIONS AND RECOMMEND
• APPROVAL OF THE REZONE FROM RA,. (AGRICULTURAL) TO Ml (LIGHT
INDUSTRIAL) FOR • THAT AREA OUTSIDE ..THE''TYPE 1 'WETLAND; 'FUR'ITIER
-
RECOMMEND TO THE' CITY COUNCIL .A' PUBLIC BEARING BEFORE THE CITY .
COUNCIL WHEN CONSIDERING THE SUBJECT REQUEST IN ORDER TO INCLUDE
THE SEATTLE WATER AND PUGET POWER PROPERTY IN THE REDESIGNATION
" AND REZONE; AND COMPLETION, OF THE SEPA MITIGATION MEASURES. , (a.4..b., •
c.)' ON PAGE 12 OF .TII STAFF 'REPORT, RECORDING ORDINANCE TO •
CHANGE THE ZONING. • THE MOTION WAS ukonsotTgAiApPROvEro..-.,',',•.:-,'
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA
DETERMINATION:
ATTACHMENTS:
Prepared 1 November 1991
14 November 1991
Stuart McLeod
2. Rezone from RA to M-1
(..
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD. TUKWILA, WASHINGTON 98188 PHONE', (206) 433.1800
STAFF REPORT
TO THE PLANNING COMMISSION
90-2-CPA/90-2-R: McLeod Exhibition Facility
1. Change Comprehensive Plan Designation from Parks
& Open Space and Public Facility to Light Industrial
G. L. VeNDmsen. Mayor
The two parcels are bounded on the north by a lot line
approximately 550 feet north of an extension of
Strander Boulevard,, on the east by Burlington
Northern Railroad (BN) tracks, on the west by Union
Pacific Railroad (UP) tracks and on the south by a lot
line 750 feet south of an extension of Strander
Boulevard.
Mitigated Determination of Nonsignificance
(Modified)
A. Comprehensive Plan Map
B. Zoning Map
C. Site Plan
D. Recommended Comprehensive Plan Map & Zoning
District Map
E. SEPA Mitigating Measures
F. Nelson letter of support
G. Embassy Suites letter of support
H. Western Pacific Properties letter of support
APPENDIX E
Planning Commission Minutes
November 14, 1991
90 Board of Architectural Review Design Review Guideline revision.
Vernon Umetsu provided the staff report. He noted that an amendment needed to be made
to the cover page of the staff report; the SEPA Determination of Non-significance was
issued on November 13, 1991. He went on to say that this code amendment was determined
to be needed by the City Council to clearly authorize the Board of Architectural Review to
use whatever additional information they want to use in determining what is an adequate
level of design quality that all projects must meet in order to be built in Tukwila. There was
a concern by the Council that there was a possibility that someone could challenge the use
of any other document other than the specific criteria listed in 18.60.050, the design
guidelines.
He stated this came up as part of the Council's resolution which asked the Board of
Architectural Review to rely upon the draft Multi-Family Standards in all future multi-family
developments. The City Attorney said the Board had that authority, however, there was a
remote chance that someone could challenge this. Therefore, in order to make sure that
there is no question or legal challenge, this amendment was recommended by the Council
to be brought before the Planning Commission; and the wording of the amendment was
drafted by the City. Attorney. The amendment is shown in the 'Recommendation" section
of the staff report.
Mr. Umetsu then entered attachment "B", a map of the BAR design review areas, into the
record.
MR. MALINA MOVED TO ACCEPT 90-4-CA: BOARD OF ARCHITECTURAL REVIEW
DESIGN REVIEW GUIDELINE AMENDMENTS BASED ON THE STAFF'S FINDINGS,
CONCLUSIONS. AND RECOMMENDATIONS. MR. KNUDSON SECONDED THE
MOTION; MOTION. UNANIMOUSLY APPROVED.
During the Director's report the Planning Commission agreed to review the first ten pages
of the Multi-Family Design Guidelines individually, between now and the next regular
meeting and discuss them at that time.
Mr. Flesher adjourned the meeting at 9:20 p.m.
Page 5
Staff Report to the 90-2-CPA/90-2-R: McLeod Exhibition Facility
Planning Commission Page 2
FINDINGS
VICINITY/SITE INFORMATION
Project Description., Comprehensive Land Use Policy Plan Map redesignation
from Parks and Open Space and Public Facility to Light Industry and rezone from
BA,- Agricultural to M-1 .- Light Industry. (Applicant is also proposing a 250,000
square foot exhibition facility which would be reviewed by the Board of
Architectural review at some future date.)
Existing Development: Undeveloped
Surrounding Land Use:
Immediate Vicinity
. Wa\
TAe- Puget Power aelstr substirdon lies in the center of the site.
Abutting the site on the east and west are mainline, railroad tracks for the Union
Pacific and Burlington Northern Railroad Companies.
A large, type 1, high value wetland runs from the south portion of the site to
approximately 180th street.
Graveled parking areas, pasture, that in places has been used for a dump site for
construction waste and dirt and the Seattle Water Department Cedar River
pipeline right-of-way abut the north end of the subject site.
Several trails run through the site that have been used, it appears, by racetrack
enthusiasts.
Surrounding vicinity:
East of Burlington Northern is Longacres Racetrack, which is in its next to last
year of operation at the site, to be replaced with Boeing Company. facilities. In
addition to the campus office setting proposed for the Boeing Company are mid-
rise and single story offices and warehouses and undeveloped parcels in the
Renton area.
West of the subject site along West Valley Highway are commercial facilities
including hotels and restaurants. There are also several homes remaining in the
area Farther south on the highway, away from the 1-405 interchange, are light
industrial, office and distribution uses.
Staff Report to the 90.2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 3
Terrain: Flat
Vegetation: A tree survey shows that the majority of trees are located within 100
feet of the east and west property lines. Ditches were dug along the sides of the
site presumably to drain the properties, ' hence the tendency to foster mature
vegetation. The survey identifies cottonwoods and chestnuts but there are also
willow and ash. The other vegetation are pasture grasses and wetland plants and
shrubs.
Access: There is no access via a public right -of -way to the parcels. There is
however potential access from Strander Boulevard, which terminates 200 feet east
of the site. 100 foot wide rights -of -way for Puget Power and Union Pacific
Railroad separate the subject site from public road right -of -way.
Utilities: There are numerous underground and overhead utility lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and
adequate to serve the site. The storm drainage plan for this drainage basin would
need to be revised to reflect a change in land use. There is a Metro sanitary
sewer line on the north parcel. According to the applicant there is a buried
telephone cable along the western border of the site.
A separate parcel of Agricultural and RA property ' exists adjacent to the north
boundary of the subject site that is owned by the Seattle Water" Department for
the Cedar River 60 inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a
sybstatiiin within the southern parcel of the subject request.
kift1 M Air6 .1
Public Facilities: The Interurban Bike and Pedestrian Trail will be constructed
within the Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
The subject site was annexed to the City of Tukwila as a result of the
Renton/Tukwila Boundary Adjustment m January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their
Commercial Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA
Agricultural, to make it consistent with Tukwila's Parks " and Open' Space
Comprehensive Plan designation for the site. Therefore there is inconsistency
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission
COMPREHENSIVE PLAN MAP REDESIGNATION
Light Industrial is intended for areas characterizedby distributive and light
manufacturing uses, commercial and office uses:
Public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
Page 4
between the two Comprehensive Plans for the same property.
Conversations with representatives of the two utilities adjacent to adjacent to the
subject site indicate that they are not against being redesignated and rezoned.
Seattle Water would not object if the change does not result in additional . costs to
them and Puget Power feels it would be appropriate for their property to reflect
the zoning of adjacent parcels.
The wetlands are located on the rezone site and on the larger exhibition facility
site, and the Sensitive Areas Overlay Zone regulates how these areas will be
preserved and used.
A wetlands report was prepared and the wetlands were identified and delineated
in the field. The applicant proposes expanding the type 1 wetland shown on
Attachment C to accommodate compensatory mitigation for filling several type 3
wetlands located in the north section of the exhibition project site. The applicant
has also requested a reduction of the buffer width which will be reviewed when
the detailed mitigation plan is submitted with an actual development plan.
Attachment A shows the Comprehensive Land Use Policy Plan designations for
the land around the subject site. Below are descriptions of what the Tukwila
designations mean.
Parks and Open Space represent public parks, recreation facilities, school
playgrounds, and other public open spaces, including agricultural lands under open
space taxation.
Commercial areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
DECISION CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the
enabling legislation for Comprehensive Planning in optional code cities, review
standards from court cases give instruction for comprehensive plan amendments
ioy
Staff Report to the 90= 2- CPAi90.2 -R: McLeod Exhibition Facility
Planning Commission
and rezones.
Those standards are listed below in italics and are followed by the applicant's
response. The applicant bears the burden of proof in demonstrating the need for
a change and supporting the request.
1. Un *aria 'tai it hrm occurred in community conditions that just& a
f orsaem.clut
Comprehensive Plan redesign ation of the subject property or casting plan policies.
The applicant responds, "The property owner has secured access via the
extension of Strander Boulevard, thus property which presently adjoins an
M -1 use and which was previously zones (sic) commercial in Renton can be
easily developed into industrial property which is in short supply."
Access agreements between the applicant and Union Pacific and Puget Power
have been drafted and copies have been supplied to the City. The applicant
awaits development approvals prior to executing the agreements.
Documentation of industrial property shortage has not factually been established.
The Comprehensive Plan anticipates a Strander Extension through the site via a
Public Facility designation on the Land Use Map and "Secondary Arterial' on the
Circulation Map. The cities of Renton and Tukwila have also recently added a
connection between S. 156th Street and S.W. 16th Street.
The most significant change is the relocation, after the 1992 racing season, of the
Longacres racetrack, which : has been a regional facility since 1933. It will be
replaced by a Boeing Company development.
2 Factual evidence supports an additional or changed pubes need for the propose designatioa
The applicant responds, "Applicant's project, which will serve the public as a
place to exhibit products and interests,, requires. a large area parcel to
accommodate the facility and this land adjoins 14.3 acres also in the proposed
project site. Increase City revenue anticipated when complete."
The applicant's response does not address a changed or additional public need for
the industrial land.
The applicant responds, " The General Goal of the City of Tukwila
Comprehensive Plan encourages City expansion using the land as best' suited
Page; 5 . .
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Page 6
Planning Commission
thereby developing a healthy economic climate while striking a balance with the
environment. The use should consider the regional setting of Tukwila, but should
meet the goals of the local citizens without stressing City services. The Exhibition .,
Facility concept will increase City revenue with its increase in evaluation (sic). Its
operation will provide jobs and income. Identified sensitive areas will be set aside
as open space. And the site presently having general utility service will place
minimal burden on City services. (pages 12 & 13)"
The goals the applicant summarizes above are more specifically:
Goal 2 (page 12) the City should ?achieve` atbahaace between r goals :and
7 local:; aspirations :',Tukwila is an inseparable part of a larger region. Tukwila's
poLcteshouhd proy�de for.the_�enhsttceaiet `of'egioal goals: ''
Goal 4 (page 12) = .ahe• plitneCshould be coo ated with °`ttiose of otlse s� ;,
jurisdictio - s
The King County Comprehensive Plan designates the site as urban and not
agricultural. The regional plan concludes that agriculture uses are most
productive in large agricultural communities where there is a support network.
The Plan focuses its efforts on conserving farmlands within designated Agricultural
Districts in order to minimize conflicts between disparate uses.
The City of Renton Comprehensive Plan designates the area around Longacres
Racetrack as Commercial and the rest of the area surrounding the racetrack as
Manufacturing Park/ Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander
Boulevard.
POLICY REVIEW
Natural Environment Element
General Goal 2 (page 15) "use and preserve the natural...resources of the physical
environment in a wise and posterity oriented manner."
Policy 4 (Page 25) Encourage the retention of agricultural lands.
The policy comment further explains, "encourages the cultivation of valley soil for
farming discourages the premature displacement of existing farmlands."
(underline added)
Staff Report to the 90- 2- CPA/'90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 7
Objective 2. (page 25) 'Promote the retention and preservation of highly suitable
areas for wildlife habitat and natural area."
Policy 1. (page 25) "Strive to retain viable areas of wooded hillsides, agricultural
lands, wetlands, ..."
Objective 4. (page 27) "Realize the ability of natural ... marshes to handle storm
runoff while acting as significant natural amenities."
Commerce/Industry Element
p . +!,� rCTt._iV..7l: 4•n' t �,ti Y
Policy (page 60) �'A1100 fri ti location:of.neieathfliei ialT t dtisttial �.. ;,.,
sand .the. expansion; ,,otexisting: °onesa.when ahis expansion is compatible with
surrounding land use and not detrimental to the public welfare."
Objective 5. (page 66) "Recognize agriculture as an economic use of land."
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban.use of the 'land, it
certainly has its place in the area's economy."
CONCLUSIONS
� .. .. „ .. na+rr.•p, M n::F 1 . Cw ' ,. � ' '
Policy 1, .(page 66� g p n...
F.nco, eKthe'�co tiiivatson of^ '�i�uctivexa culturalaust of
' .,. ^ . . ,., K. a E 'rn �� :�a' 14 ..�r, , t •?.:e �v ZL' �� tt >1 yK.�v+ R. .t7 "s.'P 4W'Y*i ?ytt. • i! "1i � r
<aand; tint�7 orderly conversion °of urban tfsageoccurs.... (underhne added
The policy comment further explains, "It is recognized that much of the land in
the Tukwila area will eventually give way to planned and orderly. expansion : of
urban uses. However it would be desirable to maintain the land in a productive
agricultural use until this conversion occurs."
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for an
agricultural district in the area. Furthermore, the applicant is not now in , an active
agricultural use. Therefore the Open Space designation is not needed for agricultural
purposes.
2. No programs or regulations have been implemented to preserve agricultural land
within the City of Tukwila and the subject site's property owners have not entered the
site into the Agricultural ' Assessment Program
Staff Report to the
Planning Commission
90- 2- CPA/90 -2 -R: McLeod Exhibition Fa ility
P.ge 8
3. Policy 1, page 66 anticipates conversion of and supports the requested
redesignation form Parks and Open Space to urban uses.
4. The designation of light industrial is appropriate because the site lies between tw
railroad mainlines and is adjacent to a utility substation. When Strander is develope
the site will have limited access to the cross valley arterial because of topographical
constraints of crossing the Burlington Northern railroad track. With construction of he
Boeing Company facility, the property will be largely surrounded by commercial and
industrial uses.
5. The City is committed to its Natural Environment Element policies through
implementation of regulations preserving wetlands and other natural resources.
Therefore retaining a Parks and Open Space designation for the wetland located on the
southern section of the one parcel would be a consistent choice with the regulations
regarding wetlands.
It is not appropriate to designate all sensitive areas with a Parks and Open space
designation. Because the subject wetland is a part of a much larger system that e : is as
an RA site, it makes sense to preserve the designation in this situation.
6. If Puget Power and City of Seattle Water parcels are not incorporated into the
final map changes in the area, they will remain as isolated areas of Open Space an
agricultural zoning.
RECOMMENDATIONS
The Planning Department recommends the Planning Commission adopt the above
Findings and Conclusions' and recommend approval of the Comprehensive Plan
amendment and redesignate the map from Parks and Open Space and Public Fac' ty to
Light Industrial as shown on Attachment D.
DECISION CRITERIA
REZONE
FINDINGS
Criteria are listed below in italics followed by the applicant's response. The
Planning Commission and City Council shall be guided by the following crit:ria in
granting a zoning map reclassification.
1. The use of change in zoning requested shall be in conformity with the adopted Comprehe ve
Land Use Policy Plan, the provisions of this title, and the public interest.
i
13
Staff Report to the
Planning Commission
90-2-CPA/90-2-R: McLeod Exhibition Facility
Page 9
The applicant responds, "A Comprehensive plan revision is submitted with this
request The request changes property to a commercial use similar to adjoining to
the north, it can be served easily by City roads and utilities, provides in City
industrial land presently in short supply, provides for highest and best land use
while generating revenue for the City and a place for employment for a number of
its population."
If the Planning Commission recommends and the City Council approves the
requested Comprehensive Plan Map redesignation per the above findings and
conclusion, then the requested rezone would be in conformance with the Plan.
2 The use or change in zoning request in the zoning map or this title for the establishment of
commercial, industrial or residential use shall be supported by an architectural site plan shoiving the
proposed development and its relationship to surrounding areas.
The applicant responds, 'The subject parcel is a portion of an overall project site
plan which encompasses 2345 acres on which the applicant has proposed to
construct an Exhibition Facility. The 9.15 acres will be used as a portion of the
proposed parking lot. Areas which have been determined to apart of wetland #12
will be left undeveloped in accordance with City Sensitive' area review... Property
to east and west are railroad lines, to the north is Ml zoned property similar to
that requested. To the south will be undeveloped wetlands." .
Attachment C is the applicant's proposed site plan. However the applicant will be
required to revise the site plan per the SEPA comments and.undergo BAR
review.
Should the site not be developed by the applicant, any use allowed in the M-1
zone could be developed on the site subject to code requirements. A new use
would also require a new SEPA review.
SUPPLEMENTAL STATE SUPREME COURT REZONE CRITERIA TO BE
CONSIDERED
3. Significant changes have occurred in the character, conditions or surrounding neighborhood that
justify or otherwise substantiate the proposed raone.
The applicant responds, 'The transfer of the subject property to the City of
Tukwila from the City of Renton in 1987 accommodates and processing of
development requirements and utilities services. It also dictated that the use and
development of the property necessitates that agency approval come from the City
of Tukwila. Property for use in industrial zoning has become increasingly more
Staff Report to the 90-2-CPA/90-2-R: McLeod Exhibition Facility
Planning Commission Page 10
scarce in the inner Metropolitan and this property or portion thereof which
adjoins a similar use thus becomes logically available as its best use."
Longacres, a major landmark in the area, will be relocating out of the
neighborhood and pasture or other support uses for horses will no longer be
necessary.
According to the Comprehensive Plan, agricultural use designation while having a
place within, the community, was not to prevent eventual urbanization of land.
The uses along West Valley Highway have redeveloped over the last five years
from low intensity uses to more intensive commercial uses and this site would be
the next contiguous parcels.
4. The proposed rezone is in the best interest of the public health, safety and welfare as compared to
the hardship, such as diminution of property value, imposed on the individual properly owner.
The applicant responds, 'Previous to 1987 the property was zoned B1 (Business)
in the City of Renton. Returning the property to a similar commercial use returns
the property worth to a similar value. In turn allowing for the development of the
usable portion of the property will increase the tax base of the City thus its
income generated. Zoning changed to similar to that of adjoining property allows
for additional community jobs and services while at the same time increasing the
base land area base for division of access construction costs to this property and
that to north of same zoning. ie construction of S. 158th St. and UPRR to north
of bridge, and Strander extension for Fire and Police access."
Themses Allowed kin; arrakzonp, are „limited ,stolin ellamiirdwellingroirtifielitte
mixcel horticulture, nurseries, field ops;bdmgand
raising ‘livestock,- fowl _ or fur bearing 0103: tils; and kennels:brzriding
Trovidid , theu:Se
These uses are not allowed elsewhere within the zoning code, so the opportunity
for those uses such as riding stables and academies or polo fields, which would be
a service to an urban population would be reduced.
Several areas of RA remain within the City Limits - Foster Golf course, Fort
Dent, and the area bounded on the north by 178th, on the east by 57th
(Southcenter Pkwy) and the western and southern city limits.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility,
Planning Commission Page 11
There is also a King County designated agricultural district located between the
City's southern limits and the Kent limits. This district effectively is extended into
Kent because of the agriculturally zoned lands within Kent and the limitation of
urban services to the east side of the Green River.
5. The unimproved subject properly is unsuitable for the purpose for which it has been zoned
considered in the cont of the length of time the property has remained unimproved and land
development in the surrounding area.
The applicant's response: "The length of time in which' the subject property (since
1987) . does not have as much bearing on the property development as did the fact
the property was within the City of Renton but the utilities and access were most
accommodating from the City of Tukwila. The property probably should have
been zoned as Ml in Tukwila which wold have been some what similar to the
Renton business zone but would have been compatible with the adjoining Tukwila
zoning, however the Glacier Park Co previous .Owners rep., failed to follow -up on
the City boundary change notices. The jurisdiction of property now within the
City of Tukwila sets the stage for best use of the property."
The access and physical characteristics are as instrumental as the zoning in the
developed versus undeveloped nature of this property. Adjacent properties are
being redeveloped and this site would be a logical extension of that development.
CONCLUSIONS
1. If the Comprehensive Plan designation is changed, then the rezone would be in
conformance with the Plan.
2. The site plan, Attachment C, shows the compatibility of the proposed development to
the type of surrounding uses.
3. The relocation of Longacres, a major regional attraction and land use element of the
neighborhood, is an unforseen change that significantly impacts the area. In addition,
agricultural zoning for the site, given the change ' that has occurred around the site and
the adjacent zoning and development, is inappropriate and would appear to be a
hardship imposed on the property owner.
4. Ml, Light Industrial zoning, would be an extension of the Ml district north of the
subject site (Attachment B).
5. The M1 (Light Industrial) zoning would be more appropriate given the land's history
in Renton, and the lack of farming on the site or in the vicinity.
Staff Report to the 90- 2•CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 12
RECOMMENDATIONS
The Planning Division recommends that the Planning Commission adopt the' findings and
conclusions of the staff report and:
1. Recommend approval of the rezone from RA (Agricultural) to Ml (Light Industrial)
for that area outside the Type 1 wetland;
2. Recommend to the City Council a public hearing before the City Council when
considering the subject request in order to include the Seattle Water and Puget Power
property in the redesignation and rezone;
3. Completion of the following SEPA mitigating measures prior to recording ordinance
to change the zoning:
a. an agreement to dedicate the necessary right -of -way for the Strander
extension and to not protest formation of a road LID,
b.. dedicated access to the site, and
. consolidation of the two parcels, or dedicating access to both parcels.
CITY OF TUKWILA
PARKS & OPEN SPACE
COMMERCIAL
LIGHT INDUSTRIAL
111 PUBLIC FACILITIES
CITY OF RENTON
GREENBELT
COMMERCIAL
MANUFACTURING PARK/
a
1:1
MULTIPLE OPTION
1" = SOO'
EXISTING
COMPREHENSIVE PLAN
partial site plan
mcleod development company
exhibition facility
proposed comprehensive plan and zoning
,
EPIC-26 -90: MCLEOD EXHIBITION FACILITY
Comprehensive Plan Change and Rezone Mitiaatina Measures
1. Pay for the update of the Nelson /Longacres Storm Drainage Plan
to include the area of. the Comprehensive Plan change at
highest and best use.
2. Sign and record no protest L.I.D. agreements for storm,
sanitary and water improvements for area.
3. Record 60 foot wide access easements from eastern terminus of
Strander Boulevard to site, providing continuation of Strander
Boulevard and access to subject properties.
4. Consolidate separate 'tax parcels and or provide 60 foot .
dedicated right of way to all parcels within rezone site.
5. A signed and recorded agreement not to protest L.I.D.
formation for Strander right- of-way extension improvements and
to dedicate the necessary right -of -way.
ATTACHMENT E
Gentlemen:
AUG 9 1291
..� w•,t�Jlt.,.,`n' DEPT.
City of Tukwila Planning Commission
6200 Southcenter Boulevard
Tukwila, WA 98188
You have indicated that
there appears to be a shortage of 2100
is caused by the wetlands designations
two level garage, which will naturally
but on the other hand it would provide
parking areas some distance away.
15643 West Valley Highway
Tukwila, WA 98188 -5535
August 16, 1991
Re: 90-2-CPA/90-2 -R McLeod bchibition Facility
Your Public Hearing Notice relative to the above was received,
and as a Landowner in the area I submit these comments.
I think the project will greatly enhance the prestige of the
City of Tukwila not only in the Pacific Northwest but in the nation as a whole.
The exhibition hall will bring many exhibitors from throughout the United States,
and local businesses will benefit, such as hotels, restaurants, and of course
the firms that are involved in the exhibits.
Many national firms have already indicated considerable interest,
and the exhibition hall as I understand it will be unique in that it will be
rectangular and not circular as are the Tacoma Dome and the Kingdoms, and it will
not utilize space in the form of spectator seats as in those two structures.
It•seems to me that the planning is more involved in detail than
it needs to be. For instance, three of the wetlands in the northernmost
part of the project are so small they could be consolidated with the 4th which
is much larger, and the wetlands in the central part could be filled and com-
bined with the wetlands area in the southernmost.
There is another area involving the Puget Sound Power & Light
Co. Right -of -Way that seems to be under consideration for parking, and reference
is made to the area south of S. 158th St. To begin with, starting south from
S. 158th St. the first obstacle is that this portion of the Right-of-May has
been leased from Puget Power for use as part of the parking lot for the flnbassy
Suites Hotel, and the area immediately south of that and down to the Bow Lake
Pipe Line has been leased by me from Puget Power for years and is presently under
lease to me. So the useable area is much less than it appears in the Mitigation
Determination of NonSignificance.
according to the Uniform Building Code
parking spaces, probably most of which
. A solution may have to be found in, a
add considerably to the cost of the project,
much closer access for visitors than from
I certainly hope that the problems and details can be worked out
very soon, for it would be encouraging to the entire area to see the development
begin.
Respectfully yours,
ATTACHMENT F
Helen B. Nelsen, Landowner
;z3
August 20, 1991
Mr. Rick Beeler
Planning Director
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Dear Mr. Beeler:
I would like to take this opportunity to express my support for the
development of the McLeod Public Exhibition Facility.
The location of this facility could certainly be a catalyst to help
promote employment and economic growth in the area The project
would also be an anchor in our community and a compliment to
existing facilities.
I would thank you for your support.
Sincerely,
Dave Costain
General Manager
EMBASSY
SUIT
•
•
Scattle-Tacoma International Airport
15920 West Valley Highway
Tukwila, WA 98188-5547
Phone (206) 227.8844 Fax (206) 227-9567
•
es •
•
ATTACHMENT G
August 20, 1991
Mr. Von Niles
Miles Consulting
300 - 120th Avenue N.E.
Suite 211
Bellevue, WA 98005
Dear Mr. Miles,
WESTERN PACI C PROPERTIES, INC.
Convnerci Brokerage Company
As a commercial real este a brokerage firm located' and doing
business in Tukwila for the last 13 years, we at Western Pacific
Properties, Inc. heartily endorse your proposal to rezone the
McCloud Development to M -1.
There never has been an ade•uate supply of Light Industrial zoning
in Tukwila but today we are finding less and less available in the
valley from Tukwila to Aubu n.
Wishing you success, I offer my support and further assistance if
needed.
WESTERN WESTERN . CIFIC PROPERTIES, INC.
Steven G. Ahlstrom
miles.sga
■
ATTACHMENT H
re. re . 1 ^1 Aet /.f/ . T... Nln,
CITY OF TUKWILA
6200 SOUTHCENTER BOULEVARD, TUKWILA, WASHINGTON 98188
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA
DETERMINATION:
ATTACHMENTS:
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared 1 November 1991
14 November 1991
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Stuart McLeod
1.
2. Rezone from RA to M -1
Mitigated Determination of Nonsignificance
(Modified)
PHONE # (2061 433.1800 Gary L. VanDnscn, Mayor
Change Comprehensive Plan Designation from Parks
& Open Space and Public Facility to Light Industrial
The two parcels are bounded on the north by a lot line
approximately 550 feet north of an extension of
Strander Boulevard, on the east by Burlington
Northern Railroad (BN) tracks, on the west by Union
Pacific Railroad (UP) tracks and on the south by a lot
line 750 feet south of an extension of Strander
Boulevard.
A. Comprehensive Plan Map
B. Zoning Map
C. Site Plan
D. Recommended Comprehensive Plan Map & Zoning
District Map
E. SEPA Mitigating Measures
F. Nelson letter of support
G. Embassy Suites letter of support
H. Western Pacific Properties letter of support
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 2
FINDINGS
VICINITY /SITE INFORMATION
Project Description: Comprehensive Land Use Policy Plan Map redesignation
from Parks and Open Space and Public Facility to Light Industry and rezone from
RA - Agricultural to M -1 - Light Industry. (Applicant is also proposing a 250,000
square foot exhibition facility which would be reviewed by the Board of
Architectural review at some future date.)
Existing Development: Undeveloped
Surrounding Land Use:
Immediate Vicinity
Abutting the site on the east and west are mainline railroad tracks for the Union
Pacific and Burlington Northern Railroad Companies.
A large, type 1, high value wetland runs from the south portion of the site to
approximately 180th street.
Graveled parking areas, pasture, that in places has been used for a dump site for
construction waste and dirt and the Seattle Water Department Cedar River
pipeline right -of -way abut the north end of the subject site.
Several trails run through the site that have been used, it appears, by racetrack
enthusiasts.
The Puget Power Nelson substation lies in the center of the site.
Surrounding vicinity:
East of Burlington Northern is Longacres Racetrack, which is in its next to last
year of operation at the site, to be replaced with Boeing Company facilities. In
addition to the campus office setting proposed for the Boeing Company are mid -
rise and single story offices and warehouses and undeveloped parcels in the
Renton area.
West of the subject site along West Valley Highway are commercial facilities
including hotels and restaurants. There are also several homes remaining in the
area. Farther south on the highway, away from the I -405 interchange, are light
industrial, office and distribution uses.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 3
Terrain: Flat
Vegetation: A tree survey shows that the majority of trees are located within 100
feet of the east and west property lines. Ditches were dug along the sides of the
site presumably to drain the properties, hence the tendency to foster mature
vegetation. The survey identifies cottonwoods and chestnuts but there are also
willow and ash. The other vegetation are pasture grasses and wetland plants and
shrubs.
Access: There is no access via a public right -of -way to the parcels. There is
however potential access from Strander Boulevard, which terminates 200 feet east
of the site. 100 foot wide rights -of -way for Puget Power and Union Pacific
Railroad separate the subject site from public road right -of -way.
Utilities: There are numerous underground and overhead utility lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and
adequate to serve the site. The storm drainage plan for this drainage basin would
need to be revised to reflect a change in land use. There is a Metro sanitary
sewer line on the north parcel. According to the applicant there is a buried
telephone cable along the western border of the site.
A separate parcel of Agricultural and RA property exists adjacent to the north
boundary of the subject site that is owned by the Seattle Water Department for
the Cedar River 60 inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a
substation within the southern parcel of the subject request.
Public Facilities: The Interurban Bike and Pedestrian Trail will be constructed
within the Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
The subject site was annexed to the City of Tukwila as a result of the
RentonfTukwila Boundary Adjustment in January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their
Commercial Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA -
Agricultural, to make it consistent with Tukwila's Parks and Open Space
Comprehensive Plan designation for the site. Therefore there is inconsistency
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 4
between the two Comprehensive Plans for the same property.
Conversations with representatives of the two utilities adjacent to adjacent to the
subject site indicate that they are not against being redesignated and rezoned.
Seattle Water would not object if the change does not result in additional costs to
them and Puget Power feels it would be appropriate for their property to reflect
the zoning of adjacent parcels.
The wetlands are located on the rezone site and on the larger exhibition facility
site, and the Sensitive Areas Overlay Zone regulates how these areas will be
preserved and used.
A wetlands report was prepared and the wetlands were identified and delineated
in the field. The applicant proposes expanding the type 1 wetland shown on
Attachment C to accommodate compensatory mitigation for filling several type 3
wetlands located in the north section of the exhibition project site. The applicant
has also requested a reduction of the buffer width which will be reviewed when
the detailed mitigation plan is submitted with an actual development plan.
COMPREHENSIVE PLAN MAP REDESIGNATION
Attachment A shows the Comprehensive Land Use Policy Plan designations for
the land around the subject site. Below are descriptions of what the Tukwila
designations mean.
Parks and Open Space represent public parks, recreation facilities, school
playgrounds, and other public open spaces, including agricultural lands under open
space taxation.
Commercial areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
Light Industrial is intended for areas characterized by distributive and light
manufacturing uses, commercial and office uses.
Public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
DECISION CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the
enabling legislation for Comprehensive Planning in optional code cities, review
standards from court cases give instruction for comprehensive plan amendments
Staff Report to the
Planning Commission
0
and rezones.
Those standards are listed below i
response. The applicant bears the Diu
a change and supporting the request.
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Page 5
a \`
nd are followed by the applicant's
n of proof in demonstrating the need for
I. Unforseen changes in circumstances have occurred in community conditions that justify a
Comprehensive Plan redesignation of the subject property or existing plan policies.
The applicant responds, "The property owner has secured access via the
extension of Strander Boulevard, thus property which presently adjoins an
M -1 use and which was previously zones (sic) commercial in Renton can be
easily developed into industrial property which is in short supply."
Access agreements between the applicant and Union Pacific and Puget Power
have been drafted and copies have been supplied to the City. The applicant
awaits development approvals prior to executing the agreements.
Documentation of industrial property shortage has not factually been established.
The Comprehensive Plan anticipates a Strander Extension through the site via a
Public Facility designation on the Land Use Map and "Secondary Arterial" on the
Circulation Map. The cities of Renton and Tukwila have also recently added a
connection between S. 156th Street and S.W. 16th Street.
The most significant change is the relocation, after the 1992 racing season, of the
Longacres racetrack, which has been a regional facility since 1933. It will be
rep aced y a oemg ompany development.
2. Factual evidence supports an additional or changed public need for the proposed designation.
The applicant responds, "Applicant's project, which will serve the public as a
place to exhibit products and interests, requires a large area parcel to
accommodate the facility and this land adjoins 14.3 acres also in the proposed
project site. Increase City revenue anticipated when complete."
The applicant's response does not address a changed or additional public need for
the industrial land.
3. a a the Tukwila Comprehensive Land Use Policy Plan and discuss the policies that relate to
the requested amendment.
The applicant responds, " The General Goal of the City of Tukwila
Comprehensive Plan encourages City expansion using the land as best suited
Pe voiok/
vcrtfar
1\04\ /AY-
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 6
thereby developing a healthy economic climate while striking a balance with the
environment. The use should consider the regional setting of Tukwila, but should
meet the goals of the local citizens without stressing City services. The Exhibition
Facility concept will increase City revenue with its increase in evaluation (sic). Its
operation will provide jobs and income. Identified sensitive areas will be set aside
as open space. And the site presently having general utility service will place
minimal burden on City services. (pages 12 & 13)"
The goals the applicant summarizes above are more specifically:
Goal 2 (page 12) - the City should achieve a balance between regional goals and
local aspirations ... Tukwila is an inseparable part of a larger region. Tukwila's
policies should provide for t e e ancement o re ona goa s.
Goal 4 (page 12) - the City's plans should be coordinated with those of other
jurisdictions.
POLICY REVIEW
Natural Environment Element
The King County Comprehensive Plan designates the site as urban and not
agricultural. The regional plan concludes that agriculture uses are most
productive in large agricultural communities where there is a support network.
The Plan focuses its efforts on conserving farmlands within designated Agricultural
Districts in order to minimize conflicts between disparate uses.
The City of Renton Comprehensive Plan designates the area around Longacres
Racetrack as Commercial and the rest of the area surrounding the racetrack as
Manufacturing Park/ Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander
Boulevard.
General Goal 2 (page 15) "use and preserve the natural...resources of the physical
environment in a wise and posterity oriented manner."
Policy 4 (Page 25) Encourage the retention of agricultural lands.
The policy comment further explains, "encourages the cultivation of valley soil for
farming... discourages the premature displacement of existing farmlands."
(underline added)
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 7
Objective 2. (page 25) "Promote the retention and preservation of highly suitable
areas for wildlife habitat and natural area."
Policy 1. (page 25) "Strive to retain viable areas of wooded hillsides, agricultural
lands, wetlands, ..."
Objective 4. (page 27) "Realize the ability of natural ... marshes to handle storm
runoff while acting as significant natural amenities."
Commerce/Industry Element
Policy 2, (page 60) "Allow for the location of new commercial and industrial areas
and the expansion of existing ones when this expansion is compatible with
surrounding land use and not detrimental to the public welfare."
Objective 5. (page 66) "Recognize agriculture as an economic use of land."
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban use of the land, it
certainly has its place in the area's economy."
4 Policy 1, (page 66) "Encourage the continuation of productive agricultural use of
land until orderly conversion to urban usage occurs." (underline added)
The policy comment further explains, "It is recognized that much of the land in
the Tukwila area will eventually give way to planned and orderly expansion of
urban uses. However it would be desirable to maintain the land in a productive
agricultural use until this conversion occurs."
CONCLUSIONS
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for an
agricultural district in the area. Furthermore, the applicant is not now in an active
agricultural use. Therefore the Open Space designation is not needed for agricultural
purposes.
2. No programs or regulations have been implemented to preserve agricultural land
within the City of Tukwila and the subject site's property owners have not entered the
site into the Agricultural Assessment Program.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 8
3. Policy 1, page 66 anticipates conversion of and supports the requested
redesignation form Parks and Open Space to urban uses.
4. The designation of light industrial is appropriate because the site lies between two
railroad mainlines and is adjacent to a utility substation. When Strander is developed,
the site will have limited access to the cross valley arterial because of topographical
constraints of crossing the Burlington Northern railroad track. With construction of the
Boeing Company facility, the property will be largely surrounded by commercial and
industrial uses.
5. The City is committed to its Natural Environment Element policies through
implementation of regulations preserving wetlands and other natural resources.
Therefore retaining a Parks and Open Space designation for the wetland located on the
southern section of the one parcel would be a consistent choice with the regulations
regarding wetlands.
It is not appropriate to designate all sensitive areas with a Parks and Open space
designation. Because the subject wetland is a part of a much larger system that exists as
an RA site, it makes sense to preserve the designation in this situation.
6. If Puget Power and City of Seattle Water parcels are not incorporated into the
final map changes in the area, they will remain as isolated areas of Open Space and
agricultural zoning.
The Planning Department recommends the Planning Commission adopt the above
Findings and Conclusions and recommend approval of the Comprehensive Plan
amendment and redesignate the map from Parks and Open Space and Public Facility to
Light Industrial as shown on Attachment D.
DECISION CRITERIA
RECOMMENDATIONS
REZONE
FINDINGS
Criteria are listed below in italics followed by the applicant's response. The
Planning Commission and City Council shall be guided by the following criteria in
granting a zoning map reclassification.
1. The use of change in zoning requested shall be in conformity with the adopted Comprehensive
Land Use Policy Plan, the provisions of this title, and the public interest.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 9
The applicant responds, "A Comprehensive plan revision is submitted with this
request. The request changes property to a commercial use similar to adjoining to
the north, it can be served easily by City roads and utilities, provides in City
industrial land presently in short supply, provides for highest and best land use
while generating revenue for the City and a place for employment for a number of
its population."
If the Planning Commission recommends and the City Council approves the
requested Comprehensive Plan Map redesignation per the above findings and
conclusion, then the requested rezone would be in conformance with the Plan.
2 The use or change in zoning request in the zoning map or this title for the establishment of
commercial, industrial or residential use shall be supported by an architectural site plan showing the
proposed development and its relationship to surrounding areas.
The applicant responds, "The subject parcel is a portion of an overall project site
plan which encompasses 23.45 acres on which the applicant. has proposed to
construct an Exhibition Facility. The 9.15 acres will be used as a portion of the
proposed parking lot. Areas which have been determined to apart of wetland #12
will be left undeveloped in accordance with City Sensitive area review. Property
to east and west are railroad lines, to the north is Ml zoned property similar to
that requested. To the south will be undeveloped wetlands."
Attachment C is the applicant's proposed site plan. However the applicant will be
required to revise the site plan per the SEPA comments and undergo BAR
review.
Should the site not be developed by the applicant, any use allowed in the M -1
zone could be developed on the site subject to code requirements. A new use
would also require a new SEPA review.
SUPPLEMENTAL STATE SUPREME COURT REZONE CRITERIA TO BE
CONSIDERED
3. Significant changes have occurred in the character, conditions or surrounding neighborhood that
justify or otherwise substantiate the proposed rezone.
The applicant responds, "The transfer of the subject property to the City of
Tukwila from the City of Renton in 1987 accommodates and processing of
development requirements and utilities services. It also dictated that the use and
development of the property necessitates that agency approval come from the City
of Tukwila. Property for use in industrial zoning has become increasingly more
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 10
scarce in the inner Metropolitan and this property or portion thereof which
adjoins a similar use thus becomes logically available as its best use."
Longacres, a major landmark in the area, will be relocating out of the
neighborhood and pasture or other support uses for horses will no longer be
necessary.
According to the Comprehensive Plan, agricultural use designation while having a
place within the community, was not to prevent eventual urbanization of land.
The uses along West Valley Highway have redeveloped over the last five years
from low intensity uses to more intensive commercial uses and this site would be
the next contiguous parcels.
4. The proposed rezone is in the best interest of the public health, safety and welfare as compared to
the hardship, such as diminution of property value, imposed on the individual property owner.
The applicant responds, "Previous to 1987 the property was zoned B1 (Business)
in the City of Renton. Returning the property to a similar commercial use returns
the property worth to a similar value. In turn allowing for the development of the
usable portion of the property will increase the tax base of the City thus its
income generated. Zoning changed to similar to that of adjoining property allows
for additional community jobs and services while at the same time increasing the
base land area base for division of access construction costs to this property and
that to north of same zoning. ie construction of S. 158th St. and UPRR to north
of bridge and Strander extension for Fire and Police access."
The uses allowed in an RA zone are limited to single family dwellings on one acre
parcels, agricultural uses including horticulture, nurseries, field crops; breeding and
raising livestock, fowl or fur bearing animals; and kennels or riding stables,
provided the use has a minimum of five acres.
These uses are not allowed elsewhere within the zoning code, so the opportunity
for those uses such as riding stables and academies or polo fields, which would be
a service to an urban population would be reduced.
Several areas of RA remain within the City Limits - Foster Golf course, Fort
Dent, and the area bounded on the north by 178th, on the east by 57th
(Southcenter Pkwy) and the western and southern city limits.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 11
There is also a King County designated agricultural district located between the
City's southern limits and the Kent limits. This district effectively is extended into
Kent because of the agriculturally zoned lands within Kent and the limitation of
urban services to the east side of the Green River.
S. The unimproved subject property is unsuitable for the purpose for which it has been zoned
considered in the context of the length of time the property has remained unimproved and land
development in the surrounding area.
The applicant's response: "The length of time in which the subject property (since
1987) does not have as much bearing on the property development as did the fact
the property was within the City of Renton but the utilities and access were most
accommodating from the City of Tukwila. The property probably should have
been zoned as M1 in Tukwila which wold have been some what similar to the
Renton business zone but would have been compatible with the adjoining Tukwila
zoning, however the Glacier Park Co previous Owners rep., failed to follow -up on
the City boundary change notices. The jurisdiction of property now within the
City of Tukwila sets the stage for best use of the property."
The access and physical characteristics are as instrumental as the zoning in the
developed versus undeveloped nature of this property. Adjacent properties are
being redeveloped and this site would be a logical extension of that development.
CONCLUSIONS
1. If the Comprehensive Plan designation is changed, then the rezone would be in
conformance with the Plan.
2. The site plan, Attachment C, shows the compatibility of the proposed development to
the type of surrounding uses.
3. The relocation of Longacres, a major regional attraction and land use element of the
neighborhood, is an unforseen change that significantly impacts the area. In addition,
agricultural zoning for the site, given the change that has occurred around the site and
the adjacent zoning and development, is inappropriate and would appear to be a
hardship imposed on the property owner.
4. Ml, Light Industrial zoning, would be an extension of the M1 district north of the
subject site (Attachment B).
5. The M1 (Light Industrial) zoning would be more appropriate given the land's history
in Renton, and the lack of farming on the site or in the vicinity.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission
RECOMMENDATIONS
Page 12
The Planning Division recommends that the Planning Commission adopt the findings and
conclusions of the staff report and:
1. Recommend approval of the rezone from RA (Agricultural) to M1 (Light Industrial)
for that area outside the Type 1 wetland;
2. Recommend to the City Council a public hearing before the City Council when
considering the subject request in order to include the Seattle Water and Puget Power
property in the redesignation and rezone;
3. Completion of the following SEPA mitigating measures prior to recording ordinance
to change the zoning:
a. an agreement to dedicate the necessary right -of -way for the Strander
extension and to not protest formation of a road LID,
b. dedicated access to the site, and
c. consolidation of the two parcels or dedicating access to both parcels.
CITY OF TUKWILA
PARKS & OPEN SPACE
COMMERCIAL
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EPIC- 26 -90: MCLEOD EXHIBITION FACILITY
Comprehensive Plan Change and Rezone Mitigating Measures
1. Pay for the update of the Nelson /Longacres Storm Drainage Plan
to include the area of the Comprehensive Plan change at .
highest and best use.
2. Sign and record no protest L.I.D. agreements for storm,
sanitary and water improvements for area.
3. Record 60 foot wide access easements from eastern terminus of
Strander Boulevard to site, providing continuation of Strander
Boulevard and access to subject properties.
4. Consolidate separate tax parcels and or provide 60 foot
dedicated right of way to all parcels within rezone site.
5. A signed and recorded agreement not to protest L.I.D.
formation for Strander right -of -way extension improvements and
to dedicate the necessary right -of -way.
ATTACHMENT E
uc;19 199]
CITY Or' {u .'vtii...rt
"rl•,!t.!INa DEPT_
City of Tukwila Planning Commission
6200 Southcenter Boulevard
Tukwila, WA 98188
Gentlemen:
15643 West Valley Highway
Tukwila, WA 98188 -5535
August 16, 1991
Re: 90- 2- CPA /90 -2 -R McLeod Exhibition Facility
Your Public Hearing Notice relative to the above was received,
and as a Landowner in the area I submit these comments.
I think the project will greatly enhance the prestige of the
City of Tukwila not only in the Pacific Northwest but in the nation as a whole.
The exhibition hall will bring many exhibitors from throughout the United States,
and local businesses will benefit, such as hotels, restaurants, and of course
the firms that are involved in the exhibits.
Many national firms have already indicated considerable interest,
and the exhibition hall as I understand it will be unique in that it will be
rectangular and not circular as are the Tacoma Dome and the Kingdome, and it will
not utilize space in the form of. spectator seats as in those two structures.
It seems to me that the planning is more involved in detail than
it needs to be. For instance, three of the wetlands in the northernmost
part of the project are so small they could be consolidated with the 4th which
is much larger, and the wetlands in the central part could be filled and com-
bined with the wetlands area in the southernmost.
There is another area involving the Puget Sound Power & Light
Co. Right -of -Way that seems to be under consideration for parking, and reference
is made to the area south of S. 158th St. To begin with, starting south from
S. 158th St. the first obstacle is that this portion of the Right-of-Way has
been leased from Puget Power for use as part of the parking lot for the EYnbassy
Suites Hotel, and the area immediately south of that and down to the Bow Lake
Pipe Line has been leased by me from Puget Power for years and is presently under
lease to me. So the useable area is much less than it appears in the Mitigation
Determination of NonSignificance.
You have indicated that
there appears to be a shortage of 2100
is caused by the wetlands designations
two level garage, which will naturally
but on the other hand it would provide
parking areas some distance away.
according to the Uniform Building Code
parking spaces, probably most of which
. A solution may have to be found in a
add considerably to the cost of the project,
much closer access for visitors than from
I certainly hope that the problems and details can be worked out
very soon, for it would be encouraging to the entire area to see the development
begin.
Respectfully yours, ATTACHMENT F
Helen B. Nelsen, Landowner
August 20, 1991
Mr. Rick Beeler
Planning Director
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Dear Mr. Beeler:
Sincerely,
Dave Costain
General Manager
EMBASSY
T
SUITES E L
HO
I would like to take this opportunity to express my support for the
development of the McLeod Public Exhibition Facility.
The location of this facility could certainly be a catalyst to help
promote employment and economic growth in the area. The project,
would also be an anchor in our community and a compliment to
existing facilities.
I would thank you for your support.
Seattle- Tacoma International Airport
15920 West Valley Highway
Tukwila, WA 98188 -5547
Phone (206) 227 -8844 Fax (206) 227 -9567
ATTACHMENT G
August 20, 1991
Mr. bon Miles
Miles Consulting
300 - 120th Avenue N.E.
Suite 211
Bellevue, WA 98005
Dear•Mr. Miles,
Steven G. Ahlstrom
miles.sga
I. r
Commercial Brokerage Company
Sincerely
WESTERN '.ICIFIC PROPERTIES, INC.
WESTERN PACIFIC PROPERTIES, INC.
As a commercial real estate brokerage firm located' and doing
business in Tukwila for the last 13 years, we at Western 'Pacific
Properties, Inc. heartily endorse your proposal to rezone the
McCloud Development to M 71.
There never has been an adequate supply of Light Industrial zoning
in Tukwila but today we are finding less and less available in the
valley from Tukwila to Auburn.
Wishing you success, I offer my support and further assistance if
needed.
ATTACHMENT H
^0. re • +r.1/ . r... /nnJ
= "iEEEX
C
r
SERV ICES
Mr. Rich Beeler
Planning Director
City of Tukwila
6200 Southcenter Blvd
Tukwila, WA 98188
Dear Mr. Beeler:
August 21, 1991
/rely yours,
1 1 1 ,
• Food Sdr -iices • Maintenance
• Facility Management • Design
• Support Services • Consulting
As a Director of the Seattle -King County Visitors' and
Convention Bureau, I would like to introduce Mr. Stuart
McLeod who is the principal in developing a new, proposed
Trade Show Building in the city of Tukwila. Mr. McLeod is
being assisted by Mr. E. 0. "Ted" Bowsfield, former Director
of the King Dome and the Tacoma Dome, and a longtime friend.
From our experience in the hospitality industry, we know
that King and Pierce Counties will be well- served by the new
McLeod facility. There is a shortage of this type of
building that can handle primarily trade shows, meetings,
banquets, and special events.
Please feel free to call us if I can answer any questions
regarding Mr. McLeod or Mr. Bowsfield.
DeVere Jerry = urtegsh ..w
Chairman
2 2 I t l i+ l b i l J 1 1L} �....
CITY OF t i}i�r`ViLH
n 2 1991
A
12503 BEL -RED ROAD, SUITE 101 • BELLEVUE. WASHINGTON 9E3005-2508 • (206) 646 -0800 FAX: (206) 455 -8554
Adt
CITY OF TUKT''ILA
6300 SOUTIICENTER BOULEVARD, TUKWILA, WASHINGTON 98188
HEARING DATE:
FILE NUMBER:
APPLICANT:
REQUEST:
LOCATION:
SEPA
DETERMINATION:
PLANNING STAFF:
ATTACHMENTS:
STAFF REPORT
TO THE PLANNING COMMISSION
Prepared 15 August 1991
22 August 1991
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Stuart McLeod
2. Rezone from RA to M -1
Mitigated Determination of Nonsignificance
Moira Carr Bradshaw
P!IOVE e 1306i 4224 800 Gary 1., l inihusru. Mayor
1. Change Comprehensive Plan Designation from Open
Space and Public Facility to Light Industrial
The two parcels are bounded on the north by a lot line
approximately 550 feet north of an extension of Strander
Boulevard, on the east by Burlington Northern Railroad (BN)
tracks, on the west by Union Pacific Railroad (UP) tracks and
on the south by a lot line 750 feet south of an extension of
Strander Boulevard.
A. Comprehensive Plan Map
B. Zoning Map
C. Site Plan
D. Recommended Comprehensive Plan Map & Zoning
District Map
E. SEPA Mitigating Measures
{
Staff Report to t e
Planning Commis. ion
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INFORMATION
90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Page 2
FINDINGS
scription: Comprehensive Land Use Policy Plan Map redesignation
and Open Space and Public Facility to Light Industry and rezone from
ultural to M -1 - Light Industry. (Applicant is also proposing a 250,000
t exhibition facility which would be reviewed by the Board of
ral review at some future date.)
evelopment: Undeveloped
g Land Use:
Vicinity:
he site on the east and west are mainline railroad tracks for the Union
Burlington Northern Railroad Companies.
• e 1, high value wetland runs from the south portion of the site to
tely 180th street.
parking areas, pasture, that in places has been used for a dump site for
•n waste and dirt and the Seattle Water Department Cedar River
ght -of -way abut the north end of the subject site.
ils run through the site that have been used, it appears, by racetrack
s.
t Power Nelson substation lies in the center of the site.
g vicinity:
urlington Northern is Longacres Racetrack, which is in its next to last
• eration at the site, to be replaced with Boeing Company facilities. In
o the campus office setting proposed for the Boeing Company are mid-
Ingle story offices and warehouses and undeveloped parcels in the
ea.
West of he subject site along West Valley Highway are commercial facilities
including hotels and restaurants. There are also several homes remaining in the
area. Farther south on the highway, away from the I -405 interchange, are light
industrial, office and distribution uses.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 3
Terrain: Flat
Vegetation: A tree survey shows that the majority of trees are located within 100
feet of the east and west property lines. Ditches were dug along the sides of the
site presumably to drain the properties, hence the tendency to foster mature
vegetation. The survey identifies cottonwoods and chestnuts but there are also
willow and ash. The other vegetation are pasture grasses and wetland plants and
shrubs.
Access: There is no access via a public right -of -way to the parcels. There is
however potential access from Strander Boulevard, which terminates 200 feet east
of the site. 100 foot wide rights -of -way for Puget Power and Union Pacific
Railroad separate the subject site from public road right -of -way.
Utilities: There are numerous underground and overhead utility lines on the site.
Tukwila sanitary sewer and water are available in W. Valley Highway and
adequate to serve the site. The storm drainage plan for this drainage basin would
need to be revised to reflect a change in land use. There is a Metro sanitary
sewer line on the north parcel. According to the applicant there is a buried
telephone cable along the western border of the site.
A separate parcel of Agricultural and RA property exists adjacent to the north
boundary of the subject site that is owned by the Seattle Water Department for
the Cedar River 60 inch water line.
Puget Sound Power and Light also has a separate parcel that is used for a
substation within the southern parcel of the subject request.
Public Facilities: The Interurban Bike and Pedestrian Trail will be constructed
within the Puget Power right -of -way, which is located 100 feet west of the site.
BACKGROUND
The subject site was annexed to the City of Tukwila as a result of the
RentonfTukwila Boundary Adjustment in January 1987 and zoned in May 1987.
In Renton the site had been zoned Business which is consistent with their
Commercial Comprehensive Plan designation for the site.
The zoning it received upon annexation to Tukwila however was RA -
Agricultural, to make it consistent with Tukwila's Parks and Open Space
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 4
Comprehensive Plan designation for the site. Therefore there is inconsistency
between the two Comprehensive Plans for the same property.
Conversations with representatives of the two utilities adjacent to the subject site
indicate that they are not against being redesignated and rezoned. Seattle Water
would not object if the change does not result in additional costs to them, and
Puget Power feels it would be appropriate for their property to reflect the zoning
of adjacent parcels.
The wetlands located on the rezone site and on the larger exhibition facility site
were a major issue. The Sensitive Areas Overlay Zone provides the regulations for
these areas.
A wetlands report was prepared and the wetlands were identified and delineated
in the field. The applicant proposes expanding the type 1 wetland shown on
Attachment C to accommodate compensatory mitigation for filling several type 3
wetlands located in the north section of the exhibition project site. The applicant
has also requested a reduction of the buffer width which will be reviewed when
the detailed mitigation plan is submitted with an actual development plan.
COMPREHENSIVE PLAN MAP REDESIGNATION
Attachment A shows the Comprehensive Land Use Policy Plan designations for the land
around the subject site. Below are descriptions of what the Tukwila designations mean.
Parks and Open Space represent public parks, recreation facilities, school
playgrounds, and other public open spaces, including agricultural lands under open
space taxation.
Commercial areas include commercial services, retail commercial activities with
associated warehousing, and compatible and complementary uses including offices.
Light Industrial is intended for areas characterized by distributive and light
manufacturing uses, commercial and office uses.
Public Facilities are community facilities including school buildings, churches,
government offices, police and fire stations, and utility facilities.
DECISION CRITERIA
Although no amendment criteria exist in the Comprehensive Plan or in the
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 5
enabling legislation for Comprehensive Planning in optional code cities, review
standards from court cases give instruction for comprehensive plan amendments
and rezones.
Those standards are listed below in italics and are followed by the applicant's
response. The applicant bears the burden of proof in demonstrating the need for
a change and supporting the request.
1. Unforseen changes in circumstances have occurred in community conditions that justify a
Comprehensive Plan redesignation of the subject property or existing plan policies.
The applicant responds, "The property owner has secured access via the
extension of Strander Boulevard, thus property which presently adjoins an
M -1 use and which was previously zones (sic) commercial in Renton can be
easily developed into industrial property which is in short supply.
Access agreements between the applicant and Union Pacific and Puget Power
have been drafted and copies have been supplied to the City. The applicant
awaits development approvals prior to executing the agreements.
Documentation of industrial property shortage has not been submitted.
The Comprehensive Plan anticipates a Strander Extension through the site via a
Public Facility designation on the Land Use Map and "Secondary Arterial" on the
Circulation Map.
The most significant change is the relocation, after the 1992 racing season, of the
Longacres racetrack, which has been a regional facility since 1933. It will be
replaced by a Boeing Company development.
2. Factual evidence supports an additional or changed public need for the proposed designation.
The applicant responds, "Applicant's project, which will serve the public as
a place to exhibit products and interests, requires a large area parcel to
accommodate the facility and this land adjoins 14.3 acres also in the
proposed project site. Increase City revenue anticipated when complete.
The applicant's response does not address a changed or additional public need for
the industrial land.
3. Analyze the Tukwila Comprehensive Land Use Policy Plan and discuss the policies that relate to
the requested amendment.
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 6
The applicant responds, " The General Goal of the City of Tukwila
Comprehensive Plan encourages City expansion using the land as best
suited thereby developing a healthy economic climate while striking a
balance with the environment. The use should consider the regional setting
of Tukwila, but should meet the goals of the local citizens without stressing
City services. The Exhibition Facility concept will increase City revenue
with its increase in evaluation (sic). Its operation will provide jobs and
income. Identified sensitive areas will be set aside as open space. And the
site presently having general utility service will place minimal burden on
City services. (pages 12 & 13)
The goals the applicant summarizes above are more specifically:
Goal 2 (page 12) - "the City should achieve a balance between regional goals and
local aspirations ... Tukwila is an inseparable part of a larger region. Tukwila's
policies should provide for the enhancement of regional goals."
Goal 4 (page 12) - "the City's plans should be coordinated with those of other
jurisdictions."
The King County Comprehensive Plan designates the site as urban and not
agricultural. The regional plan concludes that agriculture uses are most
productive in large agricultural communities where there is a support network.
The Plan focuses its efforts on conserving farmlands within designated Agricultural
Districts in order to minimize conflicts between disparate uses. In the County's
Plan, the subject site is designated as urban and not as an agricultural district.
The City of Renton Comprehensive Plan designates the area around Longacres
Racetrack as Commercial and the rest of the area surrounding the racetrack as
Manufacturing Park/ Multiple Option.
The Renton Plan also shows a proposed roadway connecting with Strander
Boulevard.
POLICY REVIEW
Natural Environment Element
General Goal 2 (page 15) "use and preserve the natural...resources of the physical
environment in a wise and posterity oriented manner. "
Staff Report to the 90- 2- CPA/90 -2 -R: McLeod Exhibition Facility
Planning Commission Page 7
Policy 4 (Page 25) "Encourage the retention of agricultural lands.
The policy comment further explains ", encourages the cultivation of valley soil for
farming... discourages the premature displacement of existing farmlands."
underline added)
Objective 2. (page 25) "Promote the retention and preservation of highly suitable
areas for wildlife habitat and natural area."
Policy 1. (page 25) "Strive to retain viable areas of wooded hillsides, agricultural
lands, wetlands, ..."
Objective 4. (page 27) "Realize the ability of natural ... marshes to handle storm
runoff while acting as significant natural amenities."
Commerce/Industry Element
Policy 2, (page 60) "Allow for the Iocation of new commercial and industrial areas
and the expansion of existing ones when this expansion is compatible with
surrounding land use and not detrimental to the public welfare."
Objective 5. (page 66) "Recognize agriculture as an economic use of land."
The comment following the objective says, "While the economic return on viable
agricultural land is not as great as the return on an urban use of the land, it
certainly has its place in the area's economy.
Policy 1, (page 66) "Encourage the continuation of productive agricultural use of
land until orderly conversion to urban usage occurs." (underline added)
The policy comment further explains, "It is recognized that much of the land in
the Tukwila area will eventually give way to planned and orderly expansion of
urban uses. However it would be desirable to maintain the land in a productive
agricultural use until this conversion occurs."
CONCLUSIONS
1. The removal of the Longacres racetrack "agricultural" use eliminates the need for
an agricultural district in the area. Furthermore, the applicant is not now in an
active agricultural use. Therefore the Open Space designation is not needed for
agricultural purposes.
Mgr.
Filed for record this day of
in book • of at page
RICliARD R. KITZ
SUrveyor's Name
SOUTH 1/4 -00.13.: SEC. , 25 •
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FOR. CITY OF .RENTON AND ;
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