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HomeMy WebLinkAboutPermit 87-04-R - SHIMATSU - REZONE87-04-R CENTER PLACE SOUTHCENTER PARKWAY SHIMATSU COMPREHENSIVE LAND USE PLAN AMENDMENT COMPREHENSIVE PLAN AMENDMENT CITY OF TUKWILA WASHINGTON ORDINANCE NO. / .5", AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, REZONING CERTAIN PROPERTY LOCATED GENERALLY IMMEDIATELY NORTH OF 17015 SOUTHCENTER PKWY. FROM R -1 -7.2 (SINGLE FAMILY RESIDENCE) TO C -2 (REGIONAL RETAIL BUSINESS). WHEREAS, Akiko Shimatsu and Yaeko Mikami have applied for a rezone for certain property located generally immediately north of 17015 Southcenter Pkwy, under City File No. 87 -4 -R, and WHEREAS, the Tukwila Planning Commission held a public hearing on December 17, 1987, to consider rezoning the property from R -1 -7.2 (Single Family Residence) to C -2 (Regional Retail Business), and WHEREAS, after considering all testimony presented at the public hearing, the Planning Commission adopted findings and conclusions, together with a recommendation to the City Council that the rezone be approved, and WHEREAS, the City Council deliberated on the proposed rezone on March 7, 1988, and determined to adopt the findings, conclusions and recommendation of the Planning Commission as the City Council's decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. The City Council hereby adopts the Findings and Conclusions of the Planning Commission dated December 17, 1987, and relating to the Shimatsu /Mikami property. Section 2. 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 Exhibit A from R -1 -7.2 (Single Family Residence) to C -2 (Regional Retail Business). Section 3. Duties of Planning Director. The Planning Director is hereby instructed to make the necessary changes to the Official Zoning Map of the City to reflect the changes authorized by this ordinance. Section 4. 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 any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. Approved as to Form Off ire of the City Attorney FILED WITH THE CITY CLERK: 3-7 - fig' PASSED BY THE CITY COUNCIL: 8-7- S'T PUBLISHED RECORD CHRONICLE: EFFECTIVE DATE: ORDINANCE NO. d ey4ry APPROVED: PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, / WASHINGTON, at a regular meeting thereof this 7 day of ///eZ , 1988. an 'usen, ayor Attest /Authenticated ax ne Ancerson, ity lerk DESCRIPTION: EXHIBIT A Y r� THAT PORTION OF '!HE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 (HEREINAFTER REFERRED TO AS THE. SUBDIVISION) IN SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST M.N.. DESCRIBED AS FOLLONS: BEGINNING AT A POINT ON THE NEST LINE OF SAID SUBDIVISION 765 FEET- NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH ALONG SAID VEST LINE 255 FEET; THENCE EAST ON ALINE PARALLEL WITH THE SOUTH LINE' OF SAID SUBDIVISION TO'THE INTERSECTION WITH THE VEST LINE OF SAID SUBDIVISION; THENCE SOUTH ALONG SAID NEST LINE 255 FEET, MORE OR LESS, TO THE INTERSECTION WITH A LINE RUNNING EAST FROM THE POINT BEGINNING PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION; THENCE VEST ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WEST LINE OP SOUTHCEiTER PARKWAY (57TH AVENUE SOUTH) AS CONVEYED TO THE CITY OP TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6343653; AND EXCEPT THAT PORTION OF THE REMAINDER THEREOF LYING WESTERLY OF THE NEST LINE OF THAT PROPERTY CONVEYED BY THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 6505150267; SITUATE IN THE CITY OF TURWILA. COUNTY OF RING. STATE OF WASHINGTON. PAGE 2 0913811 'SC »....... ,_ .� ^_. ... ?.;.;5.'�:. �. .. .�'t :.r .„ .._..•. ... .�..:1.'.r..r .,r. _:.:w.y.: ;•t: ^. :: h^. 7:. 15....... .:t }n�..,,. "u.y'•io....,..ti "�: a"t'.�?.'. w ": \�.,�c.....<. +... �. Planning Commissi December 17, 1987 Page 2 87 -5 -CA: RADOVICH - ZONE TEXT AMENDMENT - Expand building height exception for the area generally located N.E. of I -405 and West Valley Highway. Height limit would increase from 35 feet to 115 feet. Jack Pace, Senior Planner reviewed the staff report recommending approval for the request. John Radovich, 2000 - 124th N.E., Bellevue described the favor- able impacts this request would have to his property. Discussion ensued on the request. MR. HAMILTON MOVED AND KNUDSON SECONDED A MOTION TO RECOMMEND TO THE CITY COUNCIL MODIFICATION OF THE BUILDING HEIGHT TO EXTEND UP TO AND INCLUDING 115 FEET FOR THE PROPERTY SOUTH OF FORT DENT PARK, EAST OF INTERURBAN AVENUE, WEST OF THE CORPORATE LIMIT AND NORTH OF I -405, BASED ON THE STAFF'S FINDINGS AND CONCLUSIONS CONTAINED IN THE STAFF REPORT. THE MOTION PASSED WITH HAGGERTON, KNUDSON, HAMILTON, KIRSOP, COP - LEN VOTING YES AND MR. LARSON VOTING NO. 87 -4 -R - SHIMATSU /MIKAMI REZONE - Rezone 66,685 square feet from R -1 -7.2 - Single Family Residential to C -2 - Regional Retail. Mr. Umetsu reviewed the staff report noting a change on page 3 which should read, "Specific property is not consistent with surrounding development and zoning ..." The staff report recommended approval of the request. Discussion ensued on the request. MR. COPLEN MOVED AND MR. KNUDSON SECONDED A MOTION TO APPROVE REZONE 87 -4 -R, BASED ON STAFF'S FINDINGS AND CONCLUSIONS. MOTION UNANIMOUSLY APPROVED. MR. LARSON MOVED AND MR. KNUDSON SECONDED A MOTION TO HAVE THE PLANNING COMMISSION REVIEW THE DESIGN REVIEW FOR C -2 AND C -M ZONES, AS WELL AS ELECTION OF OFFICERS ON JANUARY 18, 1988 DUE TO THE LENGTHY AGENDA ANTICIPATED FOR JANUARY. MOTION UNANIMOUSLY APPROVED. 87 -2 -UCU & 87 -12 -DR - RENTON SAND AND GRAVEL - Design Review approval and Unclassified Use Permit request for topsoil mixing and storage operation with accessory structures. • '� . - ,..yr.. 5 :k'x•' :F' 6, , . rir . •!vY. Y 41'(. .t� Z .G' .. e�.:Z��� ". '1 .�� y.�..� =n..yf-)(,i a s;�;(',:, ,.�� ., ?geHW .. ^ ;... .rr.. r •' .:o :; ,mow `. .: „ at' �i_ �".. e�� ..,1;t?,`.r.3y'� �3�..'�`r..,!Sf':.�'��7•r,.��. r. I t, :2tsif .�yst`�t'�k�.a�.'�'gL:R.L .... i}. rx+ dT. ��ac. ir.. rw.{ iar�..... �i�....... t. �j.• LL+t-` A: riS'. Alw+:;;. lYH::: hS:^. ntN. Y. �" �. Y. tsX Ti' iM?� ^, i�ii'.'.�! - e`S;- n...X. F,".°�iu�:<1;.. , � :;sx ..t.i. .e...�,_ns �4 :a )r +,.?kS.�....r.: i ZONING DISTRICT: R -1 -7.2 City of Tukwila PLANNING DEPARTMENT 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1849 ACREAGE: 1.53 acres COMPREHENSIVE PLAN DESIGNATION: Commercial SEPA DETERMINATION: DNS issued on November 12, 1987 ATTACHMENTS: (A) Zoning Map (B) Comprehensive Plan (C) Land Use (D) Preliminary Design Concept STAFF REPORT to the Planning Commission Prepared December 10, 1987 HEARING DATE: December 17, 1987 FILE NUMBER: 87 -4 -R: Shimatsu /Mikami APPLICANT: A. Shimatsu/Y. Mikami REQUEST: Rezone 66,685 square feet from R -1 -7.2 to C -2 LOCATION: On Southcenter Parkway, immediately north of 17015 Southcenter Parkway (Center Place). T.L. 9011 -07 and 9012 -06 in the Southwest of Section 26, Township 23, Range 4. (Attachment A) VICINITY /SITE INFORMATION BACKGROUND FINDINGS STAFF REPORT to the 87-4-R: A. Shimatsu /Y. Mikami Planning Commission Page 2 1. Project Description: Rezone 1.53 acres from R- 1 -7.2, Single Family Resi- dence to C -2, Regional Retail Business. 2. Existing Development: Vacant /Agricultural. 3. Surrounding Land Use: Attachment C is an existing land use map. The rezone site is surrounded by commercial and industrial uses except for an agricul- tural parcel to the immediate north and I -5 freeway to the west. 4. Terrain: The site is very flat except for the rear (western) perimeter which is the foot of the Green River Valley wall. 5. Access: Site access would be directly from Southcenter Parkway; a five lane minor arterial, with adjacent peak hour traffic volumes of 1800 vehicles. 6. Utilities: The site is fully served by all utilities except sanitary sewer. The sanitary sewer system along this western segment of Southcenter Parkway is of an ad hoc collection of private sewer systems which occasionally fail and require constant maintenance. The applicants are working with adjacent property owners and the Public Works Department to build a gravity sewer system through a local improvement district which the City will agree to own and maintain. Next month the Planning Commission will be considering its proposed zoning code amendment to require design review of C -2 and CM zoned properties, the issues arises of how that amendment relates to the subject rezone. The connection between the two actions is only because of their close timing. Imposition of design review is a policy decision eventually to be decided by the City Council for the C -2 zone in general. The subject rezone is a separate consideration which must be evaluated based upon existing adopted policies which do not require design review. Unless the applicant willingly accepts a condi- tion of design review, the rezone must be reviewed as submitted. The subject property is the next to last part of a family owned farm. Farming once was the land use of the valley floor that is now the City's business dis- trict. The family gradually sold and /or developed, in commercial uses, parts of the farm. Now two parcels remain, one of which is here before the Commission for rezoning to C -2 and development early in 1988. This parcel contains a single family residence and land fill recently placed in what once was a corn- field. STAFF REPORT to the Planning Commission DECISION CRITERIA >2' 87 -4 -R: A. Shimatsu /Y. Mikami Page 3 The Tukwila Zoning Code and Washington case law identify six decision criteria which must be considered by the Planning Commission and City Council in their deliberations on any property specific rezone request. After considering and balancing these criteria, the Commission may then determine whether the rezone is justified. The six criteria are identified in bold print and discussed below. 1. The use or 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 proposed zoning is consistent with the Comprehensive Plan which desig- nates the site as "Commercial," the provisions of this title as discussed below, and the public interest in that it is consistent with the Compre- hensive Plan. The site is not an environmentally sensitive area in the Comprehensive Plan. 2. The use or change in zoning requested 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 as set forth in the application form. No specific development is now proposed. A possible preliminary development concept for a one story, 22,620 ft. building with 85 parking spaces is shown in Attachment D. The conceptual lot coverage, at 33 percent, is generally consistent with that of surrounding developments. 3. When the request is not in agreement with the Comprehensive Land Use Policy Plan, the applicant shall provide evidence to the City Council's satisfac- tion that there is an additional need for the requested land classification. This criteria is not applicable. The request is consistent with the Comprehensive Plan (see Criteria No. 1). 4. Significant changes have occurred in the character, conditions or surround- ing neighborhood that justify or otherwise substantiate the proposed rezone. The surrounding area has essentially totally developed since the establish- ment of area zoning with the exception of the lot to the immediate north. This commercial growth occurred between 1968 and 1982 per the Comprehensive Plan and zoning. In this particular case, the implementing R -1 -7.2 zoning the specific property is consistent with the surrounding development and zoning (see Criteria No. 6). 5. The proposed rezone is in the best interest of public health and safety as compared to the hardship, such as diminution of property value, imposed on the individual property owner. The proposed rezone is in the public interest in that it implements the Comprehensive Plan (see Criteria No. 1). The rezone would increase the sub- ject property's value. ..19110 -,ha aagAVel'a4 , t 'ZS R6txYCYt.Y.:t mum. ame .- +v.v.».n...«...,.,...n....... w.....�..«......� STAFF REPORT to the Planning Commission (22/87- 4- R.1,2) 6. 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 subject property is not viable as detached single family housing because of the surrounding commercial uses, traffic, and noise. Single family hous- ing is not attractive in this location, when compared with other sites with lower noise and traffic levels. The single family residence on the property is the last family farm that once dominated the flatland that is not the City's business district. CONCLUSIONS RECOMMENDATIONS In4cagreENn, MliNCVYgJ.gf.'CiMtro1'v7: 87 -4 -R: A. Shimatsu /Y. Mikami Page 4 1. The proposed rezone is in the public interest because the new zoning would be consistent with the Comprehensive Plan. 2. The conceptual commercial development is generally in character with sur- rounding commercial and industrial structures. 3. The existing detached single family zoning of the property is not consistent with the Comprehensive Plan, nor are detached single family residences com- patible with surrounding commercial and industrial uses. 4. The property is currently unsuitably zoned and should be rezoned to C -2. Approval of the proposed rezone from R -1 -7.2 (Single Family Residence) to C -2 (Regional Commercial). 0M-^Zl�'.u�?G'f?`ZSLr'.�Cx`Y1e. ZYW ^. ZONING MAP COMPREHENSIVE LAND USE PLAN MAP LAND USE MAP PLAN LliitnG:-144ty }WN6:!7:trra:krxiv xa; ::rrr..7.1,4:aNxrene _ae : TA... t.CflIVATS'5;. iMi.:'.W Wi Dear Sir: RE:cmi Enclosures Washington State Department of Transportation District 1 15325 S.E. 30th Place Bellevue, Washington 98007 -6568 (206) 562-4000 Tukwila Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Attn: Planning Commission ::1MtVt: `�,5�aEt?'u.,�a�' IT.v. i "y'F S:v�O�. :. wn%�yi i' �• ?M,� �r�^'�"ti��' ' trtfl� i ' �q"'„�, 4 1 � °tfS <<`,�'' > . ... _ ���� .. e.f?: °t: t. �r2:.+a�.� a t..4`iv} � :S:.a.,. December 14, 1987 Sincerely, S L. LUTZ, P.E. U lities Engineer Duane B•rentson Secretary of Transportation n n 1 5 1987 JKVvILA ;r DEPT. SR 5 MP 153.15 Vic CS 176700 Comments on Rezone for Shimatsu /Mikami File No. 87 -4 -R This letter is in response to Public Hearing Notice we received from the City of Tukwila on December 9, 1987. The proposal, located immediately north of 17015 (CeO er Place) on Southcenter Parkway, is for the rezone of 66,685 square feet from R -1 -7.2 Single Family Residential to C -2, Regional Retail. The Department of Transportation feels this rezone will not have any adverse impacts upon any state highways in the vicinity. However, in the sale of surplus SR 5 to Mikamis, certain reservations were reserved to WSDOT regarding an existing drainage system. Note the language highlighted in yellow on the enclosed copy of the Quit Claim Deed. Note also the "hold - harmless" language of a Release of Damages also enclosed. It is important that the rezone recognizes special provisions have been attached to part of the lands under consideration. Thank you for the opportunity to comment on this proposal. Should you have any questions, please contact Donald Hurter (562 -4274) or Robert Eichelsdoerfer (562 -4297) of my Developer Section. /Fry °a w ^:,� v�v�.i..a T a�. E+ csv+ cY ••,n•Y•'.:1�::1.V'4<24a�r +twa. Ott «:rtt.Yrt -i"lUai- '^.:S•w.'it.�. txT1Y(...;vja Pirg ^Tat? . ^.r1"anE., , Ii , r1 ;7261; S cItCr∎ rYylI.'F« • FORM NO: W & AK -142 Transamerica Title Insurance Company Washington and Alaska Commitment — 1986 ISSUED BY COMMITMENT FOR TITLE INSURANCE TRANSAMERICA TITLE INSURANCE COMPANY liiNE NOV -5 1987 CITY OF TIRTAiILA PLANNING DEPT. Transamerica Title Insurance Company, a California corporation; herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein,. the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsements and is subject to the Conditions and Stipulations on the back of this cover. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF Transamerica Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transamerica Title Insurance Company By By President Secretary Prepared for: MR. SCOFIELD 3806 - 130TH NORTHEAST BELLEVUE, WA 98005 1. PLEASE DIRECT CORRESPONDENCE TO: Transamerica Title Insurance Co. 320 108th Avenue N.E. Bellevue, WA 98004 Policy or policies to be issued: SCHEDULE A EFFECTIVE DATE: October 29, 1987 at 8:00 Transamerica No. Customer No. Seller Buyer /Borrower By a.m. Tit e vice Amount ALTA Owner's Policy -Form B 1970 (See Note 1) (Amended 10- 70 -70) Standard Policy x Proposed Insured: TO BE DETERMINED : 0913811 Shimatsu : Scofield Officer For s on this order, call: 451- 7320/628 -3205 JOHN W. JONES or SUSAN ORRINO Premium Tax Total 2. Title to fee simple estate or interest in said land is at the effective date hereof vested in: ARIRO MIKANI SHIMATSU AND YAERO MIRANI, EACH AS HER SEPARATE ESTATE 3. The land referred to in this commitment is situated in the County of King, State of Washington and is described as follows: -see attached- 59M�v CM4ir`MLe4t7f`i�d1'P1t�'Lifi'V:r DESCRIPTION: THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 (HEREINAFTER REFERRED TO AS THE SUBDIVISION) IN SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST N.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SUBDIVISION 765 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH ALONG SAID WEST LINE 255 FEET; THENCE EAST ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE INTERSECTION WITH THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH ALONG SAID NEST LINE 255 FEET, MORE OR LESS,.TO THE INTERSECTION WITH A LINE RUNNING EAST FROM THE POINT OF BEGINNING PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEST ALONG SAID PARALLEL LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF LYING EASTERLY OF THE WEST LINE OF SOUTHCENTER PARKWAY (57TH AVENUE SOUTH) AS CONVEYED TO THE CITY OF TUKWILA BY DEED RECORDED UNDER RECORDING NO. 6343853; AND EXCEPT THAT. PORTION OF THE REMAINDER THEREOF LYING WESTERLY OF THE WEST LINE OF THAT PROPERTY CONVEYED BY THE STATE OF WASHINGTON BY DEED RECORDED UNDER RECORDING NO. 8505150267; SITUATE IN THE CITY OF TURWILA, COUNTY OF RING, STATE OF WASHINGTON. PAGE SCHEDULE B A. Standard exceptions set forth on inside back cover. EXCEPTIONS: Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. C Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. 1 Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is .0159. ....,.+ ...............,,... ��........, ........,y.....R»..nw.,.mrn.... rr..+re.�,rn- m,.e.�m.xeewrv. �+ra�^.;n[+aar.. _. 2 General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) TAX ACCOUNT NO. YEAR AMOUNT BILLED AMOUNT PAID PRINCIPAL BALANCE 262304- 9011 -07 1987 S518.80 $518.80 $ .00 (Covers the undivided 1/2 interest in property herein described) 262304 - 9012 -06 1987 $518.80 $518.80 $ .00 (Covers the remaining undivided 1/2 interest in property herein described) The levy code for the property herein described is 2390 for 1987. 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: City of Tukwila PURPOSE: Utility mains and lines with the necessary appurtenances AREA AFFECTED: A 15 -foot wide strip described as the West 15 feet of the East 21 feet of property herein described DATED: April 10, 1968 RECORDED: May 6, 1968 RECORDING NO.: 6343884 4. Condemnation of access to Primary State Highway No. 1, and of light, view and air by decree to the State of Washington entered in King County Superior Court Cause No. 597317. PAGE 3 0913811 ..w<. +...r�..aR.n��wr ra�.ru+m:.n.r+.swHe....n+ .. w.... w... . ...............+...•......w.., R..., ..a. mx:wra: rst>x;2�7tnnta�sccit sw.vtixcuea ysa::VUrtm'.zrmr:uraaxataxivs r_rnw.xa�roYx^�ttt!NxR )f�i..`i5 1:4i7iY'fwast.: f�:�li.�ilW.YSRCt�S RP /ga r' ENCLOSURES: Sketch Paragraphs 3 through 7 END OF EXCEPTIONS PAGE 7. RELEASE OF DAMAGE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 5. Relinquishment of access to State Highway No. 1, and of light, view and air by deed to State of Washington recorded February 23, 1966 under Recording No. 5992106. 6. Terms, conditions, restrictions and reservations contained in deed from the State of Washington recorded under Recording No. 8505150267. BETWEEN: Akiko Shimatsu, a widow, and Yaeko Mikami, a single woman AND: State of Washington and /or its agents and contractors DATED: April 12, 1985 RECORDED: May 15, 1985 RECORDING NO.: 8505150268 NOTE 1: The Company may have further requirements if the amount to be insured exceeds the current assessed valuation. :,lH�fu.!'[ "..'- +iA *.`..F ?'RYC\ PAS.: hT .n:MSK ?uhxDf:ct ^.x:v twa. w. in. n+. u... n.. mv. wn. a... �www... m.... w....... �waw. w. o. ivn.,✓1:NfnFw.^n's.Ce+M.iib!.%x n.�Nttv » 2,4,.ar!14.as avunv.. l4iSC41M,....V eltitiYfii .? „!�.' 'moil's/ Fero No WR) ORDER NO. ES(InOW NO., LDS NO., MORTGAGOR PLAT MAP Vol PG s� s p -I, •a•• "f•ftz. sr 32 Zc srr.ai. • .4.Nei 33 • 414 PP 28 4)s• 7Z 41145 • s . fV 30 f s• • 414.1• 31 c/ • NW 26 -23 -4 .. 8s. • w -• •mss i i i' I ° Al S 29 A Z 1 1 35 o . w lo.io ... .. y • • 'o R,1y 36 Gt 44 474 77 CO X N tr Aro 7ir~ .tP 7 � I? i so s • PI • J..7. Of • fJ 4 • ti e h , `� � �' N v +.• I� •r po 47$ ) 1+ • .5 I7. 1f •JJ! LOT t a ■ 1t V . cst cir TU SP 80-45-SS — 8106040707 i 1 ♦ fl 4 This map does not purport to show all highways, roads or easements affecting said property; no liability is assumed for variations in dimensions and location. SCHEDULE B GENERAL EXCEPTIONS Appearing in ALTA Standard Owners Policy -Form B 1. Encroachments or questions of location, boundary and area, which an accurate survey may disclose. 2. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or conveyance, or decree of a court of record. 3. Rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records. 4. Material or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records. 5. Water rights or matters relating thereto. 6. Any service, installation or construction charges for sewer, water, electricity, or garbage removal. 7. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 8. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Right of use, control or regulation by the United States of America, in the exercise of powers over navigation. 10. Any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water. SCHEDULE B GENERAL EXCEPTIONS Appearing in ALTA Owners Policy -Form B 1. Underground easements, servitudes or installations of which no notice is of record. 2. Water rights or matters relating thereto. 3. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation. 5. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. SCHEDULE B GENERAL EXCEPTIONS Appearing in Standard Loan Policy 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing in this paragraph shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open street or highway is insured by this policy. 7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company -prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. Department of Transportation •01 Land Management Office Transportation Building Olympia, Washington 98504 • • `T'T t t LC% INSURANCE CO►'.aANY 1200 SUIT AVENUE SEATTLE, WASHINGTON 90101 QUIT CLAIM DEED Parcel "A" IN THE MATTER OF SR 5, South 178th St. to South 126th St. t by thWFItee, his heirs, succeswrs or .#s tgns.,,;; Page 1 of 3 KING COUNTY NO EXCISE TAX MAY 1 705 That part of the following described Parcel "A" lying northerly of a line which is 1,020 feet northerly of and parallel with the South line of the hereinafter referred to northeast quarter of the southwest quarter. That part of the northeast quarter of the southwest quarter of Section 26, Township 23 North, Range 4 East, W.M., described as beginning at a point which is opposite Highway Engineer's Station (hereinafter referred to as HES) LW 2504 +89.33 on the LW Line Survey of SR 5 South 178th St. to South 126th St., and 553.73 feet southeasterly therefrom; thence easterly to a point opposite HES LW 2505 +00 on said LW Line Survey and 590 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2505 +75 on said LW Line Survey and 570 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2507 +15 on said LW Line Survey and 515 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2509 +50 on said LW Line Survey and 500 feet southeasterly therefrom; thence northwesterly to a point opposite said HES and 428.97 feet southeasterly therefrom; thence southerly in a straight line to the point of beginning. KNOW ALL MEN BY THESE PRESENTS, that the STATE OF WASHINGTON, for and in consideration of ELEVEN THOUSAND EIGHT HUNDRED EIGHTY -SIX and NO /100 Lfl DOLLARS ($11,886.00), hereby conveys and quitclaims unto MATT MIKAMI, a single man, tff') O tf) GO all its right, title and interest, in and to the following described wej o - ty situated ir0265 RECD King County, State of Washington: CASH F 5. 00 ASH SL * * * *5 22 The grantee herein, his successors or assigns, shall have no right of ingress and egress to, from and between said SR 5 and the lands herein conveyed; nor shall the grantee herein, his successors or assigns, be entitled to compensation for any loss of light, view and air occasioned by the location, construction, maintenance or operation of said • highway. ; _„ J Subject to .the. condition that as a part of the development.. of the land...,0p. &i,,%onveyed, grantee, for himself, his heirs, successors or assigns, agree to c tr ....a ,. .c.,, drainage faculties over and across said land and,.;.tibe, lands of ihe.:.g1'$lt., , adjoining on the east. ,,, .he location of said drainage iacilitiaa:.shall : be established by mutual agreement between grantor and grantee. The grantor reserves the , right to approve the design of any drainage facilities proposed by grantee which approval shall not be unreasonably withheld. The grantor herein 'reserves for itself, its successors, assigns or agents, the right to 1:,,.oter upon the land herein conveyed for. the purpose of inspecting..aaid drainag � C V IS uay ,, rin , and after construction. Said .drainage iaci4ties, . c. _ 'uc tad A. 1 .... , KAY 15 8 3o AN 1 8! BY THE Di'. ii' :'*4 OF RECORDS I:LE u ION 1.C. -ii 7000211 Y . grantor, hie4aiso reserves an easement to entektion , land .here1QqI , .the : rpose of maintaining and /or reconstructing the "gating drai l . located on grantor's property adjoining on the west... The .location of said eeassnee It ib!4 t he determined by mutual agreement between grantor and grantee. .Grantee agrees to also convey to grantor an easement over the grantee's lands ,. on the east for access to the grantor's drainage facilities referred to above. Grantee agrees that when the location of the above easements has been determined, :.he.wili execute. and record an instrument describing the easements. Signature of the grantee on this instrument indicating his approval as to form also indicates his approval and acceptance of the above conditions and reservations. The specific details concerning all of which may be found on sheet 4 of that certain plan entitled SR 5, South 178th St. to South 126th St., now of record and on file in the office of the Secretary of Transportation at Olympia, Washington, bearing date of approval January 30, 1962. The grantee as part consideration herein does hereby agree to comply with all civil rights and anti - discrimination requirements of RCW Chapter 49.60, as to the lands herein described. The lands herein described are not required for State highway purposes and are conveyed pursuant to the provisions of RCW Chapter 47.12.063 Dated at Olympia, Washington, this 9 14L day of� ,198J • APPROVED AS TO FORM: By: REVIEWED AS TO FORM: By: Assistant Attorney General • l1�� att Mikami • STATE OF WASHINGTON 1 r DUANE BERENTSON Secretary of Transportation Page 2 of 3 I.C. Il1-17 -04477 RICA TITLE INSURANCE COMPANY ( RELEASE OF DAMAGES EA TTLE,WASHINGTON x8101 In the Matter of SR 5, South 178th St. to South 126th St. KNOW ALL MEN BY THESE PRESENTS, that MATT MIKAMI, a single man, for and in partial consideration of conveyance of the lands hereinafter described, does for himself, his heirs, assigns or other successors in interest hereby completely. release. and torevet.., : . 4isthWge;the State of Washington and /or its agents and contractors Irpm any and all claims, .. +ends .. end causes of action . of any nature whatsoever for ,darniges which may have_ occ rred : or may hereaifter. occur to the hereinafter described property or to personal. ..proper,ty or persons by reason of any flooding or any failure of the Stata's drainage facilities located on the property adjoining on the west, due to the construction, operation and ma of drainage facilities by said Matt Mikami on the hereinafter described land. The hereinbef ore mentioned tract of land is described as follows: It is understood and agreed that the delivery of this release of damage is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation by its Director or his duly authorized representative Accepted and Approved Date i23 /9".„- By: By: Title: That part of the following described Parcel "A" lying northerly of a line which is 1,020 feet northerly of and parallel with the South line of the hereinafter referred to northeast quarter of the southwest quarter. Parcel "A" 85/05/15 RECC' F CPSHSL That part of the northeast quarter of the southwest quarter of Section 26, Township 23 North, Range 4 East, W.M., described as beginning at a point which is opposite Highway Engineer's Station (hereinafter referred to as HES) LW 2504 +89.33 on the LW Line Survey of SR 5, South 178th St. to South 126th St., and 553.73 feet southeasterly therefrom; thence easterly to a point opposite HES LW 2505 +00 on said LW Line Survey and 590 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2505 +75 on said LW Line Survey and 570 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2507 +15 on said LW Line Survey and 515 feet southeasterly therefrom; thence northerly to a point opposite HES LW 2509 +50 on said LW Line Survey and 500 feet southeasterly therefrom; thence northwesterly to a point opposite said HES and 428.97 feet southeasterly therefrom; thence southerly in a straight line to the point of beginning. Dated this /0 day of / IVtI��I DAY Matt Mikami 1lir 15 8 . 3 o ' ' 8 5 s , : . . % 4 4 &LORDS d t t.t I fUNS C.)UkTY STATE OF WASHINGTON Department of Transportation Page 1 of 2 Please return to: STATE OF WASHINGTON Department of Transportation -KF -Ol Land Managem; rt Office Transportation Building Olympia, Washington 98504 *02E.6 G 4.00 **4*4.00 I.C. #1-17-04477 • 2 ,- ,. „�. wry. _,. x�.,.kr.,., ..M, , „- ..�,,...x.,.�,,:�:,• REZONE APPLICATIOk r :+ni :r:i:•:' k 1. BRIEFLY DESCRIBE YOUR PROPOSAL: ec F'12 - 1 Fz. - 1 '41) C- 2_ 2. PROJECT LOCATION: (Give street address or, if vacant, indicate lot(s), block, and subdivision; or tax lot.number, access street, and nearest intersection) Quarter: -SW) Signature: 4. PROPERTY OWNER TIC. C.. o T G ' t O H - :7 `7 Section: V.. Township : 2. Range: 4 (This information may be found on your tax statement.) 3. APPLICANT:* Name: 3c r ' Scr+ o r- e- L Address: 3u P,o NE RtLLt V1) (: (- ,10c , Phone: 2 T l- i t s * 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 Name: ,ABCfkGC) . 51-i 1" L! Ar.iiL) Walt Address: 1 1)1 ` Lj 1 : =L,' SE• ; OP gIG4 Phone: ,L Date: // ,z -87 knowledge and belief. Date: I /WE,Esignature(s)] _ swear that we are t e owner s or con r. pur, aser s o the property involved in this application and that he foregoing statements and answers contained in this application are true and correct to the best of my /our 5. WHAT IS THE CURRENT ZONING OF THE PROPERTY? R -I 6. WHAT IS THE SIZE OF THE PROPERTY? 7. WHAT ZONING CLASSIFICATION IS REQUESTED? C-2! ARE (DV. €71•STE:L'r RESPONSE: /vn AC-A ►) , L(.0 �S5' S 1 . �T ct,- .1.1tl•:4aSS"4.Stk REZONE APPLICATION Page 2 8. WHAT IS THE COMPREHENSIVE LAND USE MAP DESIGNATION? REZONE CRITERIA: The burden of proof in demonstrating that the change is appropriate lies solely upon the proponent. Generally, the more dramatic the change, the greater will be the burden of showing that the proposed change is in conformance with the Comprehensive Plan as implemented by the Zoning Ordinance. The proponent must show in a clear and precise manner why the rezoning application should be granted. The Planning Commission and City Council will review your proposal using the following criteria. You may attach additional sheets and submit other documentation to support your rezone application. 9. The use or 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; RESPONSE: C`coFn 5132 FE i A, rc ry PRoP. 1 S - rt L. h n� D fJ Dom" )3 (1 E.() 10. The use or change in zoning requested 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 as set forth in the application form; 11. When the request is not in agreement with the Comprehensive Land Use Policy Plan, the applicant shall provide evidence to the City Council's satisfac- tion that there is an additional need for the requested land classification. To respond to this criteria, obtain a Comprehensive=Plan Amendment Applica- tion and submit in conjunction with Rezone Application. rm nm.. 1... .......................................... ...............w............... .....r........ .,,.+:..,.n«:n- ,cv.�.�.r_..�crT wrsir.�vrv xrrextrn�;.» urT-• x. eurt� •.+rirsx.. ^.3:A+7,0.V.4`r:+; ^1' 4=∎. = .ss:."fT.'F,KY ^ Lw.' : �g r . , RESPONSE: jDU i rt 1tiJ ll: "IZ- c 4'/ . ta.M F" C t c ►t. - r 'f" to e -o t r7 1') M fw S ref a 2r/ UN DC A.4.f' f S Act_ REZONE APPLICATION Page 3 12. Significant changes have occurred in the character, conditions or surround- ing neighborhood that justify or otherwise substantiate the proposed rezone. 1 PwC, w t n y "1 L. 13. 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. RESPONSE: Es i 1 L-o A rE Cora L L. PR.6 Ppr2 --/ 14. 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. RESPONSE: iNt.RGP 1, sl ',t-AED . "1 Ficar t ez; e , ,:A=• (29 /MB,REZONE) +2.126 14r..)1t 4 b =. 15 Dt °.0€1-oP4 3 PS &'Cr4 L. comprehensive land use plan map . £s7 Pporta7y LINE OF ,'49 ALA CC GENT 'Z. P,c. 1c4 SHOP, , CENTee n M 77. G' 327' ,C A -e/v u 4/kni.0 No 77'2EtS N O 8c,/ AD/"..14 S 66,68S' SQ FT. T /S - 1 /L/ry SE,re c : ) ( . . 4 7 1 - / /Ctry rem_ 0 W �� I — 2 Xs' ' kit CNI (sr lr-, SEwErz) 3 4 . . or us) 1..( {vc' - y cr 711i5 i_oT P la0ec =c-ie 7 y C_ (A( Er Cua. Li ScA LC / =SD V SH'/yg7Su P/2v/,ci17Y So 14 7 r1 CCNTE€ 6.164"'t / 7000 // -2 -87 +�sr P/zo/Ek7y L//vE of CBN7E7L A1 N eENTT/t PLAcs: SNOOP /Ng CEN7f 77 , ?POPE—A.1'`/ LIN`S or wawa.. 327 22,620 0 L._ —ter I /S' 2 SS ' GT /L /Ty EA SE/ ` icwr (Star/ Sewt.e l �1 ©U T t/ Cc .v ra -. /9 t-v 5e-re" i S 4.6,6 qs on. rew e) FAT, N o T,QEe ?go PGZty L,i .se % 1rC WA'i Yt/r 5T r•/ i. iv t 7A/ S L or PEal FicL� T Curs LI.rC S H A7 Su P/20PE /ATy' SO 447 /f GEN7t.0 P/7" L it // -2 - 87 SCAM / = So ! V