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HomeMy WebLinkAboutPermit 83-13-SPE - DIAZ SCHOOL OF GYM - SPECIAL PERMISSION COOPERATIVE PARKING83-13-SPE 1027 ANDOVER PARK EAST DIAZ SCHOOL OF GYMNASTICS COOPERATIVE PARKING SPECIAL PERMISSION Tukwila Planning Commission Meeting Minutes December 12, 1985 Page 4 Kenneth Duvall, Chief Architect for Sea First Bank, described the proposed sign and the reasons for the request for approval. MR. ORRICO MOVED THAT THE BOARD OF ARCHITECTURAL REVIEW RECOMMEND APPROVAL OF THE SEAFIRST APPLICATION #85-47-SPE, AND ADOPT THE FINDINGS AND CONCLUSIONS OF THE STAFF REPORT WITH THE FOLLOWING CONDITIONS THAT THE SIGN BE APPROVED AS PRESENTED IN EXHIBIT B, AND THE SIZE OF THE SIGN SHALL NOT EXCEED 30 SQUARE FEET. MR. KIRSOP SECONDED THE MOTION. MR. LARSON MOVED TO AMEND THE MOTION TO ADOPT STAFF'S FINDINGS AND CONCLUSIONS, TO ADD THE FINDING THAT THE PROPOSAL IS FOR A SECOND SEPARATE BUILDING LOCATED ON THE SITE AND THE CONCLUSION THAT THE CONTENT AND SIZE OF THE SIGN WAS NEEDED TO REDUCE THE TRAFFIC HAZARDS AND SOLVE THE PROBLEMS CREATED BY THE SECOND BUILDING. MR. MCKENNA SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. AMENDED MOTION PASSED 4 -2. PUBLIC HEARING A. 83= 1 Diaaz Planning Department staff requesting Planning Commission to review change in tenant mix and parking ratios of M -3 complex, 1001 to 1061 Andover Park East. Chairman knudson opened the public hearing. Mr. Beeler said Mr. Diaz was moving to another space and would be applying for another conditional use permit at a later date, so the application could be closed. Chairman Knudson closed the public hearing. ADJOURNMENT MR. ORRICO MOVED TO ADJOURN. MR. KNUDSON SECONDED THE MOTION, WHICH PASSED UNANIMODULY. The meeting was adjourned at 10:50 p.m. TUKWILA PLANNING COMMISSION Moira Bradshaw Secretary Tukwila Planning Commission Meeting Minutes December 12, 1985 Page 3 B. 85- 34 -SMP: Tukwila II, requesting approval of four one -story retail /warehouse buildings located on the east side of West Valley Highway, just south of Strander Boulevard intersection. Mr. Umetsu summarized the staff report. Scott Shanks, First Western Development, indicated that he had no objec- tions to the requirements as stated. He clarified the proposed use of the buildings, and parking. The Board discussed traffic circulation and turning movements to and from the site, and reviewed the elevation drawings of the proposed development. MR. ORRICO MOVED THAT THE BOARD OF ARCHITECTURAL REVIEW ADOPT THE FINDINGS. AND CONCLUSIONS PERTAINING TO APPLICATION 85- 34 -SMP: TUKWILA II, SUBJECT TO, THE FOUR RECOMMENDATIONS CONTAINED IN THE WRITTEN STAFF REPORT WITH THE ADDITIONS OF SUB -ITEMS A, B, AND C. MR. SOWINSKI SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. C. 85- 39 -SMP: Northwest Seals, requesting approval of a 2 story office /warehouse facility located on the northwest corner lots at the intersection of South 147th Street and Maule Avenue, east of Interurban Avenue South. MR. KIRSOP MOVED TO CONTINUE TO THE DECEMBER 19, 1985, MEETING. MR. LARSON SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. D. 85 -43 -SPE: Pac Tel, requesting approval of a sign located at 17125 Southcenter Parkway. This application had been withdrawn. E. 85- 44 -DR: North Hill Office, requesting approval of revisions to exterior elevation plans of building to be located at 5900 Southcenter Boulevard. MR. MCKENNA MOVED TO CONTINUE TO THE DECEMBER 19, 1985, MEETING. MR. KIRSOP SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. F. 85 -47 -SPE: Sea First Bank, requesting approval of a sign located at 225 Tukwila Parkway. Mr. Mckenna stated that he used to work for Sea First for eight years. Being no objections from the audience, Mr. McKenna remained on the Board. Ms. Bradshaw summarized the staff report. Attachments CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT IV) A. 83- 13 -SPE: Diaz School of Gymnastics AGENDA ITEM The matter of the cooperative parking agreement for the Diaz School of Gymnastics is being returned to the Planning Commission for review pursuant to the meeting of September 27, 1984, when the Commission required the signed agreement be submitted by October 29, 1984. As of the writing of this staff report the signed agreement remains outstanding and not consumated. Therefore, the matter is before the Planning Commission to be heard on a de novo basis where the Planning Commission may approve, modify or deny the cooperative parking agreement. Since the Planning Commission's approval of August 25, 1983, of the cooperative parking facility for the Diaz School of Gymnastics, the requirement that the agreement be executed and recorded has not been satisfied. The agreement was drafted and submitted to the property owner in September, however contractual terms between the owner and the Diaz School of Gymnastics have prevented signature of the agreement. Mr. Diaz has stated that the agreement should be available prior to the November 29, 1984, meeting of the Planning Commission, but it was not available at the time of writing of this staff report. Because the Planning Commission consideration is on a de novo basis a public hearing was advertised and notice given to the adjacent property owners and origi- nal mailing list of tenants in the development. Although a surge of enrollees occurred subsequent to the 1984 Summer Olympics, complaints regarding parking in the development have not been expressed to staff. Staff continues to suggest no changes in the previously approved cooperative parking agreement. Our only concern remains that of the undue period of time (approximately 15 months) of not consumating the agreement per the Planning Commission's requirements. Technically a cooperative parking agreement does not exist, and Mr. Diaz is occupying the premise and conducting business in violation of the Zoning Code. Staff and the City Attorney are of the opinion that more than a reasonably period of time has been allotted to Mr. Diaz to consumate the agreement. The agreement should be completed and submitted to the City by the Planning Commission's meeting of November 29, 1984, or the cooperative parking facility should be denied by the Planning Commission, unless substantial and substantive reasons can be presented by Mr. Diaz to support an additional, reaso- nable and specific period of time. The alleged contractual difficulties between Mr. Diaz and the property owner do not appear to constitute sufficient basis for an additional period of time to be allocated for submittal of the agreement. Page -2- PLANNING COMMISSION 83- 13 -SPE: Diaz School of Gymnastics November 29, 1984 RB /b lk (DIAZ.RB) A - Planning Commission staff report to the Planning Commission meeting of August 25, 1983. B - Planning Commission staff report to the Planning Commission meeting of September 27, 1984. C - Letter of September 28, 1984, to Mr. Diaz notifying of the Planning Commission's action. D - Letter of October 9, 1984, to Mr. Diaz from Mayor Van Dusen. E - Letter of October 15, 1984, to Mr. Diaz from the Planning Department. F - Letter of November 5, 1984, to Mr. Diaz from the Planning Department. C Diaz School of Gymnastics 83- 13 -SPE Addendum to the Staff Report November 29, 1984 On November 29, 1984, Mr. Diaz informed staff that the property owner is unwilling to sign the cooperative parking agreement without changes being made to at least one provision. Staff has not seen the proposed revision or submitted it to the City Attorney for review. Therefore, staff makes the following revision to the previously submitted staff report: FINDINGS: 1. Pursuant to the Planning Commission's decision of August 25, 1983, approving a cooperative parking agreement subject to submission of the signed agreement, the applicant has not provided the agreement. 2. The Diaz School of Gymnastics is in violation of the Tukwila Zoning Code relative to provision of required parking. 3. A cooperative parking agreement has been drafted, but final agreement has not been reached by all parties. 4. Complaints of parking problems on the subject property have not been received by the City. CONCLUSIONS: 1. A parking problem does not appear to exist on the property. Therefore, immediate resolution of the cooperative parking agreement is not necessary to preserve the public health, safety and welfare. 2. The cooperative parking facility approved by the Planning Commission in 1983 no longer is valid since more than a reasonable time has elapsed without completion of the required agreement. 3. The matter should most appropriately be referred to the City Attorney for securing compliance with the Zoning Code. If agreement is reached between the City Attorney and property owner, a new cooperative parking facility application can be filed with the City and heard by the Planning Commission. RECOMMENDATION: The above findings and conclusions should be adopted, and the matter referred to the City Attorney for resolution of the Zoning Code violation. City of Tukwila wool soutncer►ter eoulewrd Tukwila Washington 98188 433 -1000 Gary L VanDusan, Mayor MEMORANDUM To: Planning Commission FROM: Pl anning Department Staff DATt: November 14, 1985 suauRcT: Diaz Cooperative Parking Agreement 83- 13 -SPE L (c t The Building Department received a letter from John Diaz notifying the city that the gymnastics school would be moving from 1027 to 1017, Andover Park East's larger tenant space within the M -3 Complex. (Exhibit A) A conversation with Mr. Diaz on November 14, 1985 revealed that . the school would not be moving in the near future. Review �f the cooperative parking agreement is tabled until further notice from the staff. Diaz School of Gymtustics 1027 Andover Pk. E. Tukwila, Wk. 98188 (206) 575 -8529 City of Tukwila Wilding Division 6200 Southcenter Blvd. Tukwila, VVa. 98188 (206) 433 -1845 Dear Mr. Bray, AMD/sb In regards to the Correction Notice, received 10/1/85. On December 1, 1985 we will be moving to the Amerpet section of the building, in the M -3 Buisness center. Our lease ends November 1, 85 but, we have ben permitted a one months extention. Amerpet, will not be out till mid November, slowing us in December 1st. Very truly yours ,& 4 John A. Diaz October 30, 1985 Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 Dear Mr. Diaz: This letter is to follow up our telephone conversation concerning the M -3 Complex Cooperative Parking Agreement and your planned relocation from 1027 to 1017 Andover Park East. The move to a larger tenant space will increase the occupancy load and parking by an additional seventeen (17) parking stalls. As stipulated in the Agreement, if any change occurs which affects the . parking, the Planning Commission will review the Agreement and may require cancellation or modification of its terms. Notification of the date and time of the Planning Commission meeting will . be sent to you, as well as to all abutting property owners within three hundred feet of the M -3 complex. Sincerely, Moira Carr Bradshaw Assistant Planner (DIAZ) ( #1B) /ks cc: Planning Director Building Official File City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Gary L VanDusen, Mayor dr. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 TO: FROM: DATE: Gary L VanDusen, Mayor PLANNING COMMISSION Planning Department March 22, 1985 MEMORANDUM SUBJECT: Diaz School of Gymnastics, Cooperative Parking Facility On November 29, 1984, the Planning Commission stipulated that this cooperative parking agreement be completed by February 25, 1985. The signed agreement was received by the City on February 23, 1985, therefore, the cooperative parking facility remains in effect. Since receipt of the agreement, one of the tenants of one of the buildings in the complex complained that the number of employees for another tenant has more than doubled in the last two years. This is producing a parking problem for his building, causing employees of this building to park near the building Mr. Diaz occupies. Therefore, the existing tenancy parking need upon which the cooperative parking facility was approved may require reevaluation. Inspections of the site on several occasions showed that a parking problem may exist on the site. However, some tenants have stated that Mr. Diaz's use has not caused parking problems in their shared building. At this time staff is not convinced that Mr. Diaz's use is creating any parking problems for other tenants in the development complex. Existing parking problems appear to be the result of other tenants' growth in business or the number of employees. This problem may more appropriately rest with the property owner relative to individual lease arrangements. Diaz School of Gymnastics Page Two Staff recommends that the Diaz Cooperative Parking agreement be considered adequate at this time. The parking situation will be reviewed again during the regularly scheduled annual review in August. BACKGROUND • The Diaz School of Gymnastics (referred to herein as Diaz) is requesting a cooperative parking agreement to be approved for the 113 • Building complex at 1027 Andover Park East. • In December 1982, Diaz applied and received •a City of Tukwila Business License. In June 1983, they.applied for a building permit to • a 1960 sq. ft. mezzanine to their . facility. Apparently; Diaz was classified• as a B -2 occupancy group for an occupancy. load of only 19 persons for the mezzanine area of the school. On. July 18, the Fire . Inspector issued a Correction Notice indica- ting that a Special Permit is required from the Tukwila Fire Department for "Places. of Assembly." The Fire Inspector recommended . Diaz School be reclassified to an A -3 use. On' July 29, the Building Division deter- mined the total occupancy load will be 624 persons and classified an A -2.1, which prompted a review of the parking requirements. t 1S, 1983 • CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION • STAFF REPORT AGENDA ITEM, IV) A • 83- 13 -SPE Diaz School of Gymnastics FINDINGS 1. The approved site plan for M3 Building indicates the total building area to be •324,103 sq. ft. and requires. 203 parking spaces.. According to the applicant, presently, there are 265 parking spaces available for all tenants at the 1.13 Buildings, an excess of 62 spaces. 2. TMC 18.56.070 provides for Planning Commission approval of "cooperative parking facilities" in multiple occupancy developments.: The total requirements for off - street parking and loading facilities shall be at least the sum of the requirement for the greater of the uses (operating) at any one time or as deemed necessary by the Planning Commission. 3. Table One below describes the required parking for the 1.13 buildings based on current and proposed generic tenant mix: Planning Commission 83- 13 -SPE Diaz School of ymnastics. August 25, 1983 Table One A. Alternative A: "Full -Code Compliance" B. Alternative B: "Greatest Sum of the Uses" Type of Use Floor Area (Sq. Ft.) % Total Required. Parking Spaces Industrial•.. 76,900 57 1 /1000 sq. ft. . 77 Business /Commercial 28,800 21 2.5/1000 sq. ft. 72 Restaurant 3,600 3 1 /100 sq. ft. 36• Vacant (assuming •a business/ 15,398 11 1 to 2.5 /1000;sq. :ft:. " 16 -39 .commercial or industrial use) Public Assembly 10,460 8 1/4 persons based on 156 . occupancy load TOTAL Required 135,158 • 100 TOTAL Provided Deficiency (pending on future tenant. classification assuming either business or industrial use), 357 -380 265 ,92 -115 CONCLUSIONS 1. Under the provisions of TMC 18.56.070, the Planning Commission has several op- tional approaches to consider in evaluating the cooperative parking facility, as follows: - This alternative would require denial of the cooperative parking facility and will probably result in termination of the Diaz School of Gymnastics occupancy. - As stated in TMC 18.56.070, a cooperative parking facility must provide full code compliance for the sum of all tenants open for business at any time. According to the information provided by the applicant, the majority of the other tenants operate during normal business hours, 8:00 a.m. to 6:00 Monday through Friday; the principal exception is the restaurant which is open from 6:00 a.m. to 9:00 p.m., Monday through Friday. Diaz's hours of operation are 2:00 to 9:00 p.m., Monday through Friday and 1:00 •to 5:00 p.m. on Saturday . (for scheduled meets :siring fall and winter months.) Planning Commission • 83- 13 -SPE Diaz School Gymnastics August 25, 1983 - The critical "shortage" of parking (per code) will occur between 2 :00 and 6:00 p.m., Monday through Friday, when most of the tenants are open for business. During other business hours, either Diaz or the other tenant spaces will be closed, resulting in sufficient availability of on -site parking. - To implement the "greatest sum of the uses" option, and allow Diaz to . operate during weekday afternoons, it is necessary to reduce the 92' to 115 stall or 35 to 43 percent parking deficit. described in Table One :by closing an equivalent amount of tenant space or restricting Diaz occupancy to 164 persons between the hours of 2:00 to 6 :00 p.m., Monday through Friday. C. A4ernative C:. "Planning Commission Discretion: - The Planning Commission may, under the language of TMC 18.56.070, parking requirements below the greatest sum of the uses when circumstances so warrant. It is Diaz's contention that the only time a parking problem may occur is during a meet. Diaz has surveyed the other tenants in the M3 complex (SEE, appendix) to document that there will not be any adverse impacts on the businesses due to parking when the ,meets are held. Of those surveyed, only the restaurant is open Friday evenings and, suggested that there may be a conflict with the parking during Friday evening meets. However, the other tenants are closed after 6:00 p.m., as a result there should be an, adequate number of parking spaces for Diaz and the restaurant. RECOMMENDATION It is staff's understanding that the nature of gymnastic programs is that: the busiest • hours are after school and weekday evenings. Therefore, staff recommends approval 'of application 83- 13 -SPE creating a cooperative parking facility in accordance with TMC. 18.56.070 at the '.M.3 site, subject to the following-conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). 2. Diaz School of Gymnastics be limited to an occupancy load of 164 persons and 41 parking spaces between 2:00 to 6:00 p.m., Monday through Friday. 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods• of simultaneous operation of all the other businesses in the complex.: Special promotional events may be scheduled only when adequate parking is available. . 4. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is taken in the public interest. The Commission reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof or modification of its terms upon finding of adverse impacts to public safety or health. • riannln commission 83- 13 -SPE Diaz School o August 25, 1983 CVB /blk astics. 5. The terms of the cooperative parking facility agreement approval shall be set forth in a formal instrument which shall be recorded with King County Depart- ment of Elections and. Records and shall run with the land, prior to issuance of the final certificate of occupancy for Diaz School of Gymnastics. • ` ° &44*S 83- 13 -SPE Diaz School Ymnastics August 25, 1983 • APPENDIX The following • items are contained in this section: 1. Legal notice 2. Notice of Public Hearing to surrounding property owners within 300' 3. Diaz School of Gymnastics letter requesting approval for a cooperative parking agreement, including: A. Vicinity map B. Business license C. Building permit issued June 29, 1983 D. Inspection sheet - fire and electrical E. Site plan F. List of tenants and business hours G. Surveys of 12 tenants with 113 complex H. Floor layout I. Legal description J. Property owners within-300' 1908 r August 29, 1983 Dear Mr. Mortenson: \VI; 4 City f Tukwila • o ��� -z 6200 Southcenter Boulevard w Tukwila Washington 98188 Gary L VanDusen, Mayor Mr. Dave Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Facility 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods of simul- taneous operation of all.other business in the complex. Special • promotional events may be scheduled only when'adequate parking is available. If you have questions regarding this matter, please call me at 433 -1845. On August 25, 1983 at the regular Planning Commission meeting, the Planning Commission approved the Diaz School of Gymnastics application 83- 13 -SPE. creating a cooperative parking facility in accordance with TMC 18.56.070 at the M3 site, subject to the following conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). 2. Diaz School of Gymnastics be limited to an occupancy load of.164 persons and 41 parking spaces between 2:00 to 5:00 p.m.,.Monday through Friday. 4. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is taken in the public interest. The Commission reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof or modification of its terms 'upon finding of adverse impacts to public safety or health. V 5. The terms of the cooperative parking facility agreement approval shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records and shall run with the land, prior to issuance of the final certificate occupancy for.Diaz School of Gymnas- tics. COOPERATIVE PARKING AGREEMENT - 1 L i t t t.11ss M4' COOPERATIVE PARKING AGREEMENT THIS INSTRUMENT, executed this date in favor of the CITY of TUKWILA, a municipal corporation (herein call "CITY "), by the undersigned owners of the the within described property (herein call "OWNERS ") and John and Ann Diaz, sole owners of the Diaz School of Gymnastics and a. tenant of herein described property (herein called "DIAZ SCHOOL "): Witnessth WHEREAS, Owners are persons.owning a fee simple and /or having a substantial beneficial interest-in certain real' property ,(herein called the "PROPERTY ") which is more particularly 'described in Exhibit 1 attached hereto and incorporated herein by reference; and: • WHEREAS, the I?IAZ SCHOOL is a tenant of a portion of the PROPERTY; and WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of the City of Tukwila, the DIAZ SCHOOL has petitioned the TUKWILA PLANNING COMMISSION for approval of a cooperative parking facility located at the PROPERTY; and WHEREAS, the TUKWILA PLANNING COMMISSION is willing to grant the petition for a cooperative parking facility subject to execution and recording of an agreement with the CITY :pertaining to certain uses of the PROPERTY in the interest of public safety and health; NOW THEREFORE, OWNERS and DIAZ SCHOOL hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that the PROPERTY will be used subject to the following terms and conditions: 1.1 .r-- 1. Total on -site arrangement of parking spaces shall be as described • on the site plan (Exhibit 2). 2. DIAZ SCHOOL be limited to an occupancy load of 164 persons and'41 parking spaces between 2 :00 and 5 :00 P.M., Monday through' Friday. 3.. Special promotional events within the PROPERTY which delete from service available parking shall not be allowed during periods of simultaneous operation of'all.other tenants of the PROPERTY. Special promotional events may be scheduled only when adequate parking is available. 4. It is understood that the cooperative parking facility is approved under this 'application upon finding by the PLANNING COMMISSION that such action is, taken in the public interest. The COMMISSION reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof .or modification of•its terms upon finding. of adverse impacts to public safety or health, 5. The terms of the cooperative parking. facility agreement approved shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records, and shall run with the land, prior to issuance of the final certificate of occupancy for the DIAZ SCHOOL. 6. This agreement may be amended or modified be agreement between the OWNERS and the CITY:. provided such amended agreement shall be approved by the TUKWILA PLANNING COMMISSION after writen notice of property owners within three hundred (300) feet of the PROPERTY,. 7. Nothing in this agreement shall prevent the TUKWILA CITY COUNCIL from making such further amendments to the Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement shall'prevent the application to the PROPERTY of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit of the City. The City may institute and prosecute any proceedings.at law or in equity to enforce this Agreement, including injunctive relief. The City shall be entitled to recover from Owners and John' and Ann'Diaz attorney fees and costs for 'any action' commenced pursuant, to this Agreement. 9. If• any change is made to 'the above descripted' tenants or comple- mentary tenant mix and.'such. change 'affects 'the parking approved liy the Planning •Commission on.:August'25,, .1983 (a copy of which is attached . as Exhibit 3 and incorporated herein by reference) so is to create . a need for additional parking, the Tukwila Planni.ng Department. staff may request the Tukwila Planning. Commission to review the Cooperative Parking Facility, and the Tukwila'Tukwila'Planning Commission may require cancellation thereof or modification of.its terms upon finding of adverse impact to public safety or health. 10..In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such' invalidity or voidness shall in no way affect any covenant, condition or restric -- tion hereinabove contained. DATED: / 7 i pr; v .. ... .. 1984 Diaz Sch / � /. BY r. e ..14, :. A. Joh Diaz, Owner o1 of Gymnastics By ' 71Y1. ' ir` ,(..c,. e %) 0 Ann Diaz, Owner STATE OF WASHINGTON ) ,. ) ss. COUNTY OF KING ) Roston On. this date,• before me, the undersigned, personally appeared before John Diaz and Ann Diaz, to .bp know to be the owners of Diaz School of Gymnastics and who executed the within and foregoing. COOPERATIVE PARKING FACILITY AGREEMENT and acknowledge said instrument to be the free and voluntary act and deed of said individuals,.for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said. instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 17th day of Nall , 1984 Notary Public in and f_or: the State of Washington, residing at . • CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT IV) A. . 83- 13 -SPE: Diaz School of Gymnastics AGENDA ITEM On a routine annual basis staff is reviewing approved cooperative parking agreements for compliance with stipulated conditions and success of the arrange- ments. This is the first of such reviews for this agreement. On August 25, 1983, the Planning Commission approved a cooperative parking faci- lity for the M -3 business park subject to conditions. Pursuant thereto the pro- perty owner was to have executed and recorded a property use and development agreement consumating the Commission's action. The Planning Commission permitted a deficit of parking of 92 to 115 stalls in order to permit the public assembly use of the Diaz School of Gymnastics. The M -3 building complex is currently uti- lized for a combination of industrial, commercial and a restaurant use. The Planning Commission stipulated the occupancy load of the school is limited to 164 persons and 41 parking spaces beween 2:00 to 5:00 p.m., Monday through Friday. Since the action of the Planning Commission, the cooperative parking agreement has not been completed. A building permit application was submitted to the City, however, occupancy has not officially been given to date. The cooperative parking agreement has not been signed, however the required signature of the property owner appears to be in the mail to the appropriate party in California. Complaints have not been received regarding the adequacy of the number of parking stalls in the M -3 building development. Staff has no recommendation for changes in the existing Planning Commission con- ditions imposed last year. At present the issue of the status of the cooperative parking agreement, which remains to be signed after more than a year since appro- val was given, is the only issue which concerns staff and may require the Planning Commission's reevaluation of the approval previously given. Currently the appli- cant is technically violating the terms for the agreement stipulated by the Planning Commission. Everything considered, staff recommends that a time limit be placed upon the applicant to furnish the signed cooperative parking agreement and that failure to do so would automatically void the Planning Commission's action. A time period of 30 days past the Planning Commission meeting, or October 29, 1984, seems appropriate. ATTACHMENTS A - Planning Commission staff report to the Planning Commission meeting of August 25, 1983 Page -2- PLANNING COMMISSION 83- 13 -SPE: Diaz School of Gymnastics September 27, 1984 B - Letter of August 29, 1983 to the applicant C - Cooperative parking agreement RB /blk (PC.DIAZ) ;1908 ;\ City of Tukwila August 29, 1983 Gary L VanDusen, Mayor Mr. Dave Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 6200 Southcenter Boulevard Tukwila Washington 98188 RE: Cooperative Parking Facility Dear Mr. Mortenson: On August 25, 1983 at the regular Planning Commission meeting, the Planning Commission approved the Diaz School of Gymnastics application 83- 13 -SPE creating a cooperative parking facility in accordance with TMC 18.56.070 at the M3 site, subject to the following conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). 2. Diaz School of Gymnastics be limited to an occupancy load of 164 persons and 41 parking spaces between 2:00 to 5:00 p.m., Monday through Friday. 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods of simul- taneous operation of all other business in the complex. Special promotional events may be scheduled only when adequate parking is available. 4. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is taken in the public interest. The Commission reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof or modification of its terms upon finding of adverse impacts to public safety or health. 5. The terms of the cooperative parking facility agreement approval shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records and shall run with the land, prior to issuance of the final certificate of occupancy for Diaz School of Gymnas- tics. If you have questions regarding this matter, please call me at 433 -1845. Page -2- Mr. Dave Mortenson /`` Diaz School of Gymna\ . . .,':.cs August 29, 1983 Yours:. truly, Caroline V. Ber, Planner CVB /blk cc: Planning Director • COOPERATIVE PARKING AGREEMENT - 1 COOPERATIVE PARKING AGREEMENT THIS INSTRUMENT, executed this date in favor of the CITY of TUKWILA, a municipal corporation (herein call "CITY "), by the undersigned owners of the the within described property (herein call "OWNERS ") and John and Ann Diaz, sole owners of the Diaz School of Gymnastics and a tenant of herein described property (herein called "DIAZ.SCHOOL "): Witnessth WHEREAS, Owners are persons owning a fee simple and /or having a substantial beneficial interest in certain real property (herein called the "PROPERTY ") which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, the DIAZ SCHOOL is a tenant of a portion of the PROPERTY; and . WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of the City of Tukwila, the DIAZ SCHOOL has petitioned the TUKWILA PLANNING COMMISSION for approval of a cooperative parking facility located' at the PROPERTY; and WHEREAS, the TUKWILA PLANNING COMMISSION is willing to grant the petition for a cooperative parking facility subject to execution and recording of an agreement with the CITY pertaining to certain uses of the PROPERTY in the interest of public safety and health; NOW THEREFORE, OWNERS and DIAZ SCHOOL hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that the PROPERTY will be used subject to the following terms and conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (Exhibit 2). 2. DIAZ SCHOOL be limited to an occupancy load of 164 persons and 41 parking spaces between 2 :00 and 5:00 P.M., Monday through Friday. 3. Special promotional events within the PROPERTY w ich delete from service available parking shall not be allowed duri g periods of simultaneous operation of all other tenants of the PROPERTY. Special promotional events may be scheduled only when adequ•te parking is available. 4. It is understood that the cooperative parking facility is approved under this application upon finding by the PLANNING COMMISSION that such action is taken in the public interest. The MISSION: reserves the right to review this cooperative parking facili annually and may require cancellation thereof; or mo terms upon finding: of adverse impacts to public;.saf 5. The terms of the cooperative parking facility ag shall be set forth in a formal instrument which sha with King County Department of Elections and Record with the land, prior to issuance of the final certi for the DIAZ SCHOOL. 6. This agreement may be amended or modified by agr the OWNERS and the CITY: provided such amended agre approved by the TUKWILA PLANNING COMMISSION after w property owners within three hundred (300) feet of 7. Nothing in this agreement shall prevent the TUKWILA CITY COUNCIL from making such further amendments to the Zoning •ode as it may deem necessary in the public interest. Nothing in this Agreement COOPERATIVE PARKING AGREEMENT - y agreement ificatimn of its ty or health,. eement approved I. be recorded , and shall run icate of occupandy ement between ment shall, be iten notice of he PROPERTY, shall prevent the application to..the PROPERTY of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit of the City. The City may institute and prosecute any proceedings at law or in equity to enforce this Agreement, including injunctive relief. The City shall be entitled to recover from Owners a d John and Ann Diaz attorney fees and costs for any action commenced pursuant to this Agreement. 9. If any change is made to the above descripted tenants or comple- mentary tenant mix and such change affects the parking approved by the Planning Commission on August 25, 1983 (a copy of which is attached as Exhibit 3 and incorporated herein by reference) so as to create a need for additional parking, the Tukwila Planning Department staff •may request the Tukwila Planning Commission to review the Cooperative Parking Facility, and the Tukwila Tukwila Planning Commission may require cancellation thereof or modification of its terms upon finding of adverse impact to public safety or health. 10.In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such invalidity or voidness shall in no way affect any covenant, condition or restric- tion hereinabove contained. DATED: ! 7 ,y . + "� 1984 Diaz School of A G BY tiL14.0 Joh Diaz, Owner By C 1..�• �._ J r \. CLzk Ann Diaz, Owner STATE OF WASHINGTON ) ) ss., COUNTY OF KING ) On this date, before me, the undersigned, personally appeared before John Diaz. and Ann Diaz, to be know to-be-the-owners-of-Diaz School of Gymnastics and who executed the within and foregoing COOPERATIVE PARKING FACILITY AGREEMENT and acknowledge said instrument to be the free and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 17th day of April • , 1984. r. f Notary Public in and for the State of Washington, residing at J •4 *ALA 1908 s y City.. t Tukwila . Z 6200 Southcenter Boulevard Tukwila Washington 98188 September 28, 1984 Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Agreement Dear Mr. Diaz: Respectf 11 Rick Beeler Associate Planner RB /blk cc: City Attorney Planning Director Building Official Fire Marshall Gary L VanDusen, Mayor This letter is formal notification that on September 27, 1984, the. Planning Commission required that this agreement (signed by the property owner) be submitted on or before October 29, 1984. Failure to comply will result in the Commission reconsidering their original approval of the agreement. It should be mentioned that if the agreement is reconsidered and denied, your occupancy of the building would quickly be ceased. The building permit application would be denied, thereby causing posting of a stop work order and a notice prohibiting occupancy. My strong recommendation is that you monitor progress on completion of . the agreement in order to avoid any of the above actions. The City by necessity holds you responsible, not a realtor, for your occupancy and approval of conditions thereof. Section 18.90.020, Tukwila Municipal Code, requires that any appeal of the Commission's decision be filed by October 8, 1984, in writing with the City Clerk. �w "'° Al City of Tukwila c 0 b y 6200 Southcenter Boulevard J w = Tukwila Washington 98188 . ;1908 October 9, 1984 Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Agreement and Building Permit Dear Mr. Diaz: After Rick Beeler wrote to you on September 28, 1984, I discussed with him the status of the required building improvements in your space. My interest was to follow up the meeting with yourself, City staff and myself when we discussed what must be done to approve your building permit. I was disappointed to learn that all of the necessary information you agreed to provide has not been submitted. This concerns me for I thought clear agreement had been reached regarding what needed to be done. Therefore, I personally request that all of the information required by staff to conclude the building permit and cooperative parking agreement be submitted before the end of November. When I became involved in this matter my intent was to facilitate the exchange of requirements and information. Now that so much time has passed and the Planning Commission has acted, the entire matter has passed from my hands. The next step is either approval of the building permit and coopera- tive parking agreement or turning the matter over to the City Attorney for abatement proceedings. The former alternative has always been and continues to be my preference. However, I need your cooperation to avoid the latter alternative. If any questions still remain please call the appropriate staff people with whom you have already been in contact. Mayor GVD /blk cc: Planning Director Building Official Fire Marshall Gary L VanDusen, Mayor 19 08 October 15, 1984 Dear Mr. & Mrs. Diaz: Repectfull Rick Beeler Associate Planner City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusan. Mayor Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Letter of October 9, 1984, from Mayor Gary L. Van Dusen To avoid any misunderstanding about the November deadline mentioned in the Mayor's letter, I want to clarify the timing of the Planning Commission's requirement of the October 29, 1984, submittal of the signed cooperative parking agreement. The latter remains in effect and, if not met, will raise the issue of the agreement de novo with the Commission at their November 29, 1984, meeting. This is a separate issue from the building permit requirements which the Mayor asked to be met by the end of November. The building permit application review time period has elapsed, but the Building Official has not terminated it. If progress is not made in terms of submitting the required information by the end of November in order to issue the permit, the permit will have to be expired. Thereafter, a new permit application and fee will be required in order for any construction activity to incur within your building space. RB /b l k (DIAZ.RB) cc: Mayor Planning Director Building Official Fire Marshall 1908 4, City of Tukwila Z . 6200 Southcenter Boulevard Tukwila Washington 98188 November 5, 1984 �,- Rick reeler Associate Planner Gary L VanDusen, Mayor Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 Re:. Cooperative Parking Agreement Dear Mr. & Mrs. Diaz: As of October 29, 1984, the signed cooperative parking agreement had not been submitted. Per the Planning Commission's direction, therefore, de novo consideration of the agreement has been scheduled for the Commission's meeting of November 29, 1984. When you receive the agreement,please notify and deliver a copy to me. The staff report for the Commission will be written on November 13, 1984, and can be withdrawn or modified if the agreement is delivered by then. If you have any questions call me at 433 -1847. Respect fu 11 RB /blk cc: Mayor City Administrator Planning Director MLA ;, 1 90 9 , City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor TUKWILA PLANNING COMMISSION Minutes of the September 27, 1984. Chairman Knudson opened the meeting at 8:00 p.m. Other Commissioners pre- sent were Mr. Coplen, Mr. Orrico, Mr. Sowinski, Mr. Larson, and Mr. Kirsop. Representing the City staff was Rick Beeler Planning Department. APPROVAL OF MINUTES MR. KIRSOP MOVED TO ACCEPT THE MINUTES OF THE JULY 26, 1984 MEETING WITH THE CORRECTION MADE TO CHANGE CHAIRMAN KIRSOP TO CHAIRMAN KNUDSON UNDER PUBLIC HEARINGS. COMMISSIONER SOWINSKI SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. MR. COPLEN MOVED TO ACCEPT THE MINUTES OF THE AUGUST 9, 1984 AND AUGUST 23, 1984 MEETINGS. MR. ORRICO SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. CITY COUNCIL ACTIONS Mr. Beeler provided the final copy of the Urban Design Phase I report to the Commissioners, and reviewed progress of Phase II and III. He also reviewed recently passed Ordinance No. 1331 pursuant to the State Environmental Policy Act. PLANNING COMMISSION ACTIONS 83- 13 -SPE: Diaz School of Gymnastics, annual review of cooperative parking agreement. Mr. Beeler summarized the staff report. The applicant was not present. MR. COPLEN MOVED THAT AFTER 30 DAYS THE APPLICANT COME BACK TO THE PLANNING COMMISSION FOR REVIEW IF THE COOPERATIVE PARKING AGREEMENT HAS NOT BEEN SIGNED BY THE OWNER. MR. SOWINSKI SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. BOARD OF ARCHITECTURAL REVIEW 84- 24 -SMP: Tecton Company, requesting approval of a shoreline manage-. ment substantial development permit for a storage shed. r ` Mr. Beeler summariTd the staff report. The application number 84- 24 -SMP on the staff report was corrected to 84- 28 -SMP, and under "Recommendation," "Planning Commission" was changed to "Board of Architectural Review." MR. KIRSOP MOVED THAT THE BOARD OF ARCHITECTURAL REVIEW APPROVE THE APPLICATION UNDER THE PROVISIONS OF THE SHORELINE MANAGEMENT ACT, AND ACCEPT THE FINDINGS AND CONCLUSIONS OF THE PLANNING DEPARTMENT. MR. SOWINSKI SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. OTHER BUSINESS Mr. Beeler informed the Planning Commission that the Board of Adjustment will be reviewing next month an application of appeal on what constitutes a truck terminal. Mr. Knudson shared what he found interesting at the Planning Short Course sponsored by the State of Washington. Mr. Orrico said copies of his summary of the Capital Facilities Maintenance Seminar were available to interested Commissioners. ADJOURNMENT MR. ORRICO MOVED TO ADJOURN THE MEETING. MR. LARSON SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. The meeting was adjourned at 8:45 p.m. TUKWILA Rick Beeler Associate Planner (MNTSPC.SEP) OMMISSION CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM . IV) A : 83- 13 -SPE Diaz School of Gymnastics BACKGROUND The Diaz School of Gymnastics (referred to herein as Diaz) is requesting a cooperative parking agreement to be approved for the M3 Building complex at 1027 Andover Park East. ' In December 1982, Diaz applied and received a City of Tukwila Business License. In June 1983, they applied for a building permit to ',add a 1960 sq. ft. mezzanine to their facility. Apparently, Diaz was classified as a B -2 occupancy group for an occupancy load of only 19 persons for the mezzanine area of the school. On July 18, the Fire Inspector issued a Correction Notice indica- ting that a Special Permit is required from the Tukwila Fire Department for "Places of Assembly." The Fire Inspector recommended Diaz School be reclassified to an A -3 use. On July 29, the Building Division deter- mined the total occupancy load will be 624 persons and classified an A -2.1, which prompted a review of the parking requirements. FINDINGS ' 'august 25, 1983 mar 1. The approved site plan for M3 Building indicates the total building area to be 324,103 sq. ft. and requires•203 parking spaces.. According to the applicant, presently, there are 265 parking spaces available for all tenants at the M3 Buildings, an excess of 62 spaces. 2. TMC 18.56.070 provides for Planning Commission approval of "cooperative parking facilities" in multiple occupancy developments. 'The total requirements for off - street parking and loading facilities shall be at least the sum of the requirement for the greater of the uses (operating) at any one time or as deemed necessary by the Planning Commission. 3. Table One below describes the required parking for the M3 buildings based on current and proposed generic tenant mix: Page -2- Planning Commission • 8 e 3- 13 -SPE Diaz School uymnastics August 25, 1983 Table One A. Alternative A: "Full -Code Compliance" B. Alternative B: "Greatest Sum of the Uses" Type of Use Floor Area (Sq. Ft.) % Total Required. Parking Spaces Industrial -.. 76,900 57 1 /1000 sq. ft. 77 Business /Commercial 28,800 21 2.5/1000 sq. ft. 72 Restaurant 3,600 3 1 /100 sq. ft. 36 Vacant (assuming a business/ 15,398 11 1 to 2.5 /1000xsq.:ft. 16 -39 commercial or industrial use) Public Assembly 10,460 8 1/4 persons based on 156 occupancy load TOTAL Required 135,158 • 100 357 -380 TOTAL Provided 265 Deficiency (pending on future tenant classification assuming either, -92 -115 business or industrial use). CONCLUSIONS 1. Under the provisions of TMC 18.56.070, the Planning Commission has several op- tional approaches to consider in evaluating the cooperative parking facility, as follows: - This alternative would require denial of the cooperative parking facility and will probably result in termination of the Diaz School of Gymnastics occupancy. - As stated in TMC 18.56.070, a cooperative parking facility must provide full code compliance for the sum of all tenants open for business at any time. According to the information provided by the applicant, the majority of the other tenants operate during normal business hours, 8:00 a.m. to 6 :00 Monday through Friday; the principal exception is the restaurant which is open from 6:00 a.m. to 9:00 p.m., Monday through Friday. Diaz's hours of operation are 2 :00 to 9:00 p.m., Monday through Friday and 1:00 •to 5:00 p.m. on Saturday '(for scheduled meets during fall and winter months.) Page -3- Planning Commission • 83 -13 -SPE Diaz School August 25, 1983 Gymnastics - The critical "shortage" of parking (per code) will occur between 2:00 and 6:00 p.m., Monday through Friday, when most of the tenants are open for business. During other business hours, either Diaz or the other tenant spaces will be closed, resulting in sufficient availability of on -site parking. - To implement the "greatest sum of the uses" option, and allow Diaz to operate during weekday afternoons, it is necessary to reduce the 92 to • 115 stall or 35 to 43 percent parking deficit. described in Table One .by closing an equivalent amount of tenant space or restricting Diaz occupancy to 164 persons between the hours of 2:00 to 6:00 p.m., Monday through Friday. C. Alternative C:. "Planning Commission Discretion: - The Planning Commission may, under the language of TMC 18.56.070, reduce parking requirements below the greatest sum of the uses when circumstances so warrant. It is Diaz's contention that the only time a parking problem may occur is during a meet. Diaz has surveyed the other tenants in the M3 complex (SEE, appendix) to document that there will not be any adverse impacts on the businesses due to parking when the meets are held. Of those surveyed, only the restaurant is open Friday evenings and suggested that there may be a conflict with the parking during Friday evening meets. However, the other tenants are closed after 6:00 p.m., as a result there should be an.adequate number of • parking spaces for Diaz and the restaurant. RECOMMENDATION It is staff's understanding that the nature of gymnastic programs is that. the busiest hours are after school and weekday evenings. Therefore, staff recommends approval of application 83 -13 -SPE creating a cooperative parking facility in accordance with TMC. 18.56.070 at the .M3 site, subject to the following-conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). 2. Diaz School of Gymnastics be limited to an occupancy load of .164 persons and 41 parking spaces between 2:00 to 6:00 p.m., Monday through Friday. 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods• of simultaneous operation of all the other businesses in the complex.: Special promotional events may be scheduled only when adequate parking is available. . 4. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is taken in the public interest. The Commission reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof or modification of its terms upon finding of adverse impacts to public safety or health. CVB /blk rage -4- Planning Commission 83- 13 -SPE Diaz School o August 25, 1983 astics 5. The terms of the cooperative parking facility agreement approval shall be set forth in a formal instrument which shall be recorded with King County Depart- ment of Elections and Records and shall run with the land, prior to issuance of the final certificate of occupancy for Diaz School of Gymnastics. Page -5- Pkanning Commission • 83- 13 -SPE Diaz School gymnastics August .25, 1983 APPENDIX The following items are contained in this section: 1. Legal notice 2. Notice of Public Hearing to surrounding property owners within 300' 3. Diaz School of Gymnastics letter requesting approval for a cooperative parking agreement, including: A. Vicinity map B. Business license C. Building permit issued June 29, 1983 D. Inspection sheet - fire and electrical E. Site plan F. List of tenants and business hours G. Surveys of 12 tenants with M3 complex H. Floor layout I. Legal description . J. Property owners within 300' 1908 4 City of Tukwila August 29, 1983 Mr. Dave Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Facility Dear Mr. Mortenson: 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor On August 25, 1983 at the regular Planning Commission meeting, the Planning Commission approved the Diaz School of Gymnastics application 83- 13 -SPE creating a cooperative parking facility in accordance with TMC 18.56.070 at the M3 site, subject to the following conditions: 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). • 2. Diaz School of Gymnastics be limited to an occupancy load of 164 persons and 41 parking spaces between 2:00 to 5:00 p.m., through Friday. 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods of simul- taneous operation of all other business in the complex. Special promotional events may be scheduled only when adequate parking is available. 4. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is taken in the public interest. The Commission reserves the right to review this cooperative parking facility agreement annually and may require cancellation thereof or modification of its terms 'upon finding of adverse impacts to public safety or health. r • 5. The terms of the cooperative parking facility agreement approval shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records and shall run with the land, prior to issuance of the final certificate'of occupancy for Diaz School of Gymnas- tics. If you have questions regarding this matter, please call me at 433 -1845. Xkiti511° Mr. Dave Mortenson Diaz School of Gymna7'.cs August 29, 1983 Yours truly, • ca4?-4.tir 'Caroline V. Be , Planner CVB /blk cc: Planning Director COOPERATIVE PARKING AGREEMENT THIS INSTRUMENT, executed this date in favor of the CITY of TUKWILA, a municipal corporation (herein call "CITY "), by the undersigned owners of the the within described property (herein call "OWNERS ") and John and Ann Diaz, sole owners of the Diaz School of Gymnastics and a tenant of herein described property (herein called "DIAZ SCHOOL "): Witnessth WHEREAS, Owners are persons owning a fee simple and /or having a substantial beneficial interest•in certain real property . (herein called the "PROPERTY ") which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, the DIAZ SCHOOL is a'tenant of a portion of the PROPERTY: and WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of the City of Tukwila, the DIAZ SCHOOL has petitioned the TUKWILA PLANNING COMMISSION for approval of a cooperative parking facility located at the PROPERTY; and WHEREAS, the TUKWILA PLANNING COMMISSION is willing to grant the petition for a cooperative parking facility subject to execution and recording of an agreement with the CITY to certain uses of the PROPERTY in the interest of public safety and health; NOW THEREFORE, OWNERS and DIAZ SCHOOL hereby covenant, bargain'and agree on behalf of themselves, their heirs, successors and assigns, that the PROPERTY will be used subject to the following terms and conditions: COOPERATIVE PARKING AGREEMENT - 1 •Wiekts COOPERATIVE PARKING AGREEMENT - 2 1. Total on -site arrangement of parking spaces shall be as described • on the site plan (Exhibit 2). 2. DIAZ SCHOOL be limited to an occupancy load of 164 persons and•41 parking spaces between 2:00 and 5:00 P.M., Monday through Friday. 3. Special promotional events within the PROPERTY which delete from service available parking shall not be allowed during periods of simultaneous operation of all other tenants of the PROPERTY. Special promotional events may be scheduled only when adequate parking is available. 4. It is understood that the cooperative parking facility is approved under this • application upon finding by the PLANNING COMMISSION that such action is taken in the public interest. The COMMISSION reserves the right to review this cooperative parking facility agreement • annually and may require cancellation thereof•or modification of•its terms upon finding of adverse impacts to public safety or health, 5. The terms of the cooperative parking facility agreement approved shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records, and shall rtn with the land, prior to issuance of the final certificate of occupancy for the DIAZ SCHOOL. 6. This agreement may be amended or modified be agreement between the OWNERS and the CITY: provided such amended agreement shall be approved by the TUKWILA PLANNING COMMISSION after writen notice of property owners within three hundred (300) feet of the PROPERTY,. 7. Nothing in this agreement shall prevent the TUKWILA CITY COUNCIL from making such further amendments to the Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement DATED: /7 ,4f a .. ... .. 1984 shall prevent the application to the PROPERTY of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit. of the City. The City may institute and prosecute any proceedings.at law or in equity to enforce this Agreement, including injunctive relief. The City shall be entitled to recover from Owners and John' and Ann Diaz attorney fees and costs for any action commenced pursuant to this Agreement. 9. If any change is made to the above descripted tenants or comple- mentary tenant mix and such. change 'affects 'the parking approved by the : Planning Commission on'August'25, (a copy of which is . attached as Exhibit 3 and incorporated herein by reference) so as to create a need for additional parking, the Tukwila Planning Department staff may request the Tukwila Planning. Commission to review the Cooperative Parking Facility, and the Tukwila'Tukw Commission may require cancellation thereof or modification of its terms upon finding of adverse impact to public safety or health. 10..In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or 'void, such invalidity or voidness shall in no way affect any covenant, condition or restric- tion hereinabove. contained. Diaz SchRol of Gymnastics A By : � A�, . Joh Diaz, Owner Ann Diaz, Owner STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this date, before me, the undersigned, personally appeared before John Diaz and Ann Diaz, to.be know to be the owners of Diaz School of Gymnastics and who executed the within and foregoing;COOPERATIVE PARKING FACILITY AGREEMENT and acknowledge said instrument to be the free and voluntary act and deed of said individuals, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this Notary Public of . Washington, 17th day H of April ' in and for: the State residing at • , 1984. Planning Commission City of Tukwila Tukwila, Washington 98188 August 4, 1983 Dear Commissioners: The Diaz School of Gymnastics is requesting that a cooperative parking agreement be approved by your commission for the use of parking spaces at the M3 Building where we are a tenant. This request is being made since the city staff feels that our use should be classi- fied as A2 -1 or A -3. Apparently, some confusion existed concerning our use of the space which has been clarified recently when we were granted a building . permit for improvements.. In a spirit of cooperation with the city and the desire on our . part to help correct any errors made by the city concerning our use, we ask that you review the following material and approve the cooper- ative parking agreement. Dave Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 BACKGROUND MATERIAL Description of Use: The Diaz School of Gymnastics is primarily a training facility for the Pacific Cascade Gymnastics team. The team currently uses about 60% of the available training time at the gym and as it grows in numbers will eventually occupy all the available training hours. Train- ing hours for the team are from 2 :00 p.m. to 8:00 p.m. Olympic style events are performed by the team. This requires a large space to handle the equipment. A 40 x 40 foot spring floor is required. Five uneven parallel bars and numerous balance beams are required for training. A 60 foot vaulting run and a similar elevated vaulting run with a foam pit are part of the equipment requirements. Non -team classes make up the remaining training hours that are taught at the gym. These classes are for pre - school ages to high school students. They generally occur from 4:00 p.m. to 9:00 p.m. on Tuesdays, Wednesdays, and Thursdays. Dance is taught at the gym with emphasis on ballet. This dance training takes place to advance the gymnasts in their floor exercise routine which is performed to music. In addition to the training which takes place all year long, competitive meets are held from time to time on Saturdays and on rare occasions on Friday evenings. Depending on the team level, these meets occur in the Fall and Winter months, No admission fee is charged for admittance as these events are primarily attended by • parents and relatives of the competitors. Normally, the number of participants is around 10 -30 girls with about 30 -40 supporters in the audience. History of Use: In November 1982 the Diaz School of Gymnastics was forced to leave. the location it had in Kent due to remodeling of that facility. Finding a new location proved to be a difficult task. Because of the space requirements of the team, a large warehouse facility with high ceilings was required. Several sites were located in Kent, but because of the city's desire to keep the business in their downtown area these sites were disapproved by the city. Since no adequate space was available down- town and many spaces available in the industrial portion of the city, a controversy developed'and much media coverage generated a high amount of publicity. C The present location at 1027 Andover Park East was vacant and determined to be- suitible. (See Attachment 1, Vicinity Map) A check was made with the city to determine if a gymnastics school would be appropriate for the zoning. City staff said that they had followed the controversy in Kent and indicated that a conditional use permit may be required. After exploring the nature of the business in which the team and meets were discussed, it was determined that a C.U.P. was not required. A business license was issued in December. (See Attachment 2, Business License) In the early part of this year, the business got settled in its new home. A number of meets were conducted at the facility, which is becoming recognized as one of the best team gyms in the state. A team demonstration was performed by the school for the City Council and the operation was explained. Meetings were held with the Parks and Recreation Director and staff who visited the facility and they were given an explanation of our operations. A demonstration was per- formed for the senior citizens at the Tukwila Senior Center. Fire Department inspectors made their annual inspection and gave some helpful advice. In short, our first six months in the location have been successful and we felt we are taking active steps to insure the city was aware of the team. Recently we applied for and were issued a building permit to improve our facility. (See Attachment 3, Building Permit) This improvement is designed to make our facility more efficient for our existing uses and not to expand use. The project was explained to the Building Department along with the intended uses. Construction was begun and city inspection initiated. The Fire Department in- spector visited the site and a problem was identified with the build- ing permit concerning the purpose of the improvement. An A -3 use was recommended by the inspector and appropriate safety requirements identified. (See Attachment 4, Inspection Sheet) On Friday, July 29, 1983, the building inspector visited the site to review the construction. At that time we were informed that inspection could not take place due to the question of whether we were a proper use for the zone. After receiving this information, we contacted the planning department to investigate what problems existed. The Planning Staff informed us that our use was in question due to the parking require- ments. In spite of our active efforts to promote the team to the city, confussion existed on the city's part as to our actual use. Their impression was that only classes were taught at the gym and that meets were not held. Since the team is the hallmark of our school and meets an integral part of the team, we.were quite sur- prised at the confusion.especially since, much of our discussions with city personnel has been about the team and its meets: A number of meetings took place with the City Planning and Building Department staffs and they recommended that a cooperative C parking agreement would solve the problems caused by their classifi- cation of our use to a A2 -1 or A3'from a B2 . Since our competitive season starts. the second Saturday in September, we have rapidly • followed their advice and we now apply for a cooperative parking agreement to help correct the errors made in the past and to insure that we are in compliance with current interpretation about use. Parking Situation: There are 265 parking spaces available for all tenants at the M3 Buildings. Those spaces are generally not assigned. (See Attachment 5 Site Plan) A total of 131 spaces are located between Building A and the other two buildings and they are within 240 feet of our facility. All spaces are within 400 feet walking distance. All tenants of the facility were surveyed to determine their type of business and hours and days of usage. (See. Attachment 6, Surveys) Generally the facility is used primarily during weekdays until about 5:00 p.m. and not on weekends. Hours of operation by the gym are generally after other tenants have closed for the day. Hardly any use occurs on weekends when the meets are conducted. Parking Space Required for Meets: The city has calculated that an occupancy of 600 could be allowed in our facility based on their square foot formulas. Our use of the facility would be significantly lower than this. A maximum of about 50 gymnasts could be competing on the floor area. (See. Attachment 7, Building Layout) About 60,people could be seated on the upper runway and a similar number in the mezzanine. Seating elsewhere would not be practical since the equipment would have to be moved. Using the city calculated number of 600, a total of 150 parking spaces would be required. Our estimate of approximately 180 people would require about 45 spaces. In either case, there are enough spaces available at the M3 facility on Saturdays and on Friday even- ings. Cooperative Parking Agreement: The Diaz.School of Gymnastics will agree to confine its meet activities to weekends and week- nights•after 6' :00 p.m. The building owner has agreed to recognize that there is a greater than normal need for parking by the gymnastics use during these times. (See Attachment 8) The other tenants have indicated that their businesses or their operation-will not be adversely affected by parking require- ments of the gym at the above times. An agreement_can be made for parking for team meets. Other Attachments: Attachment 9, Legal Description of Property Attachment 10, List of Property Owners Within 300 Feet General Location ( Map - Diaz School of Gymnarics 1027 Andover Park Ea M3 Building Tukwila,' Via. 98188 , ...... ..7 N.. ,..• .., • Y ' i •' , ; © co [re 1., .1 •• . , ... • ' I / .." • a \ . 1. .. ..v. . ,, ...-- . , • , ROHM . -. . ... ., -......... „...1 , ,......... ........,... . t i -.. . • . _ -----7-"' '''''' '' ..' •,-.... ,' ./. ct.) . ...... • 1 .,_ 1 .. ." f I 1" " ... a .• ' %. ! ... . ,. .. ... 1 i : , fr ' .,, V.? ' . ........e-M • ' <•••::••N • '' c, • ... 1, . ? ' . • ... • ." ° ,..?; :r. .' . .7 ..: • ' \ 7-7 i /r.:t .`1,1 ,...7.5 7 kt: ir•4. • - r'' . .. ' \ 1/".' • T f T: ,.., ., z . .. '.. • '' •- • ■ i !. , IP . r) . '. ' ' . . ..%:', : . - • \ .. . ; 1. r i i., . f !,•: ..... 7 - ' • • ,, IP , I I . _ ;?..... \ I • I \ i. 1. ii. m., • , 1 1 41 -i .f• 'rt - 11 -: ■ .. ; ' ..i ' ' 1 - . i 1 z 7 ,• , .- ''.. • ;'- `-''' • - A. : .., i I ti! 1 ; f '!'' E. , \ ''''' - •-• • ' ' -,,.. '...: I.- • r - I P7.1,,, 4 C - 2 . • . : i LpfdEIM r R-A P•••2C 3.1.3LE r.a.7 I I !J'_' j i s,•ra.E .r.P. 1 — 1 r•Ef.r:E rr.;.I.P f" I I • 2 E:4, .r.E •••.• • k cm-72 F_ ..7'.! r•4 ' -': •A C•2 •. 04. \ • , a • .__,. .. ''' ,?•rir 5 P :'..." ; 2 .5 7. ,20 . ...eel • \ ,,,- .7:*:••• I i........e.A151._ ''' - \ • . - • . c.2 .•..... •-u , 8 , „ RP.Pli I ..._ 7 7,7 -- 7 \.__.1 .1.t2 \ aL R-3 ''''1 , . „,„ \ . ....., 17"11-7. • . --"--.......___---- .1:.,,,. ; .3 1 R' i ,,, i . 1 \ ; f. :!.., .. C: . C • - 43 "" - .• :7C 11 •I` V A 1 , ).- "•;:. ' . ' 1 . • ..... . - . ., • .. • r.11 'a . \ L- L. . •••• .... • . , ...., __,,7-- ,.0 N..• . - - I tr-772:.; r • • c.m • , t, C.0 t• c .0•142;.; • I; 1 C-2 • . C-LA ▪ C ../tv ........ ." 4 • •, •*/ f ; •2 Attachment 1 - Vicinity Map a.; 1 . • P.14 ; . M,. .... ar • C•Pa : i . . I . . r . ........ — ....... C ". • • , I • IV. i ''.•• • . • ••• . 7.7 7 • 7 fi 7 , -7•-. ,. .. .. 11'.. • 7 • , M3 Building • $50 575 -8529 Gymnastics school DIAZ GYMNASTICS 1027 Andover Park East Tukwila, WA 98188 11 1 %1 .. , - , . •• Attachmnet 2 - Business License • ( ` 83 -026 . 1. • . ,..,, ,,,..,....,..i GAL SCR. LOT NO, BLOCK TRACT _ :C! SEE ATTACHED SHEET %I P roperties Q E P (212) 490 9000 i Ave., N1gwwYork, New York ZIP 10017 3NTR r.A. Wicklund Construction PHONE ODRESS 10914 SE 293rd, Auburn,.WA ZIP 93002 ICENSE NO. 'ICKLC -326 FIB SST NO. C171 -005 -363 . TYPE CONST. OCC. GROUP OCC. LOAD FIRE ZONE USE ZONE AUTO SPRINKLERS REQ. 511 B2 19 --- C -M Ti YES ri NO Dr vr'way irroach and rpe 2. OK in pour touting and/or foundation 3. Hoof • shrrathing and nailing OK 4 OK to enclosit framing 5. Wall. hoard nailing . OK 6. SUUcture comulete and/ or OK to occupy 3(JILDIN`G PERMIT :.TE OF ISSUANCE :1ne.29, 1983 .B ADDRESS 1027 Andover Park East, Tukwila, 1:A 98188 LIILDING U E J (John Diaz) T'.718St C9 L Or. .,r A CER SHAT 1ET, • 1WNE 'OMMENTS: Attachment 3 - building Permit CITY OF TUKWILA • (, NUMBER ,756/8 6200 SOUTHCENTER BOULEVARD TUKWILA, WASHINGTON 98188 EXPIRES LASS OF WORK NEW ❑ADDITION ❑REMODEL ❑REPAIR OTHER (Specify) Tenant Improvement 1st FL. 2nd FL. 1960 R / AGENT SIGNATURE BASEMENT GARAGE DECK TIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT, THE APPLICABLE CITY OF TUKWILA REQUIREMENTS WILL BE AND THAT I AM AN AUTHORIZED AGENT FOR THE PROJECT. MEZZANINE FEE DISTRIB. -.` OF STORES TOTAL S.F. BUILDING PLAN RVW. DEMOLITION BOND OTHER TOTAL THESE INSPECTIONS ARE REQUIRED BYLAW FOR INSPECTION CALL 433 -1849 BUILDING OFFICIAL, CITY OF TUKWILA December 29, 1983 THIS PFRnIIT MI IST RP Pr1STFI1 r.ONI Ifll ISI Y (11\I RI III Illl\Ir; VALUATION 22,000 153.00 99.00 252.00 City of Tukwila Fire Department Hubert H. Crawley Fire Chief ± + + + + + + + + + + + + + + + + + + + + + ++ CORRECTION NOTICE 4+ + + + + + + + + + + + + + + + + + + + + + ++ FIRM: ADDRESS: /t' 2_7 4 r fA c . , Item C) TFD Form FP 11 M Al el_ s ' 7 1 7c S TYPE OF INSPECTION 7 . CONTRACTOR: DATE: 7//0? TIME: /2-410 p /1 Discrepancy and Action Required of S C) 4vtti. Pat- -e k Cr . 'fz f 1 rt U • OCCUPANCY CLASS //- 3 i c 1 cLco.l- .5 bt; i , tc (IA (A_ •sT b- . I r1 - T31.47 et 017_4 c.1 c ?—" ,S l GI it s t u e_ r al / --eXir el F I i- ' -/ d/ ("es G h'1 S lc Meet" 1/4•ss 4 'e. 4.14/& , 4 tX. r eiic: ( ( c 6 T717e (S lccr /e> .AL /Ice i-v «t e / 7r7 . (4 n ille 2c t" i' it 7 74 / c 1- Ate' ( � -lri � " - . v . ‘ 1; F : 1 ) • r G w 7(4. ce oTZ /C &(( S(96iS' , • Correction of the above items is require° ny: l..c'-e_K 5 Inspecting Officer; ' �t(y / Title: Fire & Electrical 5Se , H(I Any overlooked hazardous condition and /or violation of the Fire Prevent- ion Codes of the City of Tukwila does not imply approval of such condit- ion or violation. .Page of City of Tukwila Fire Department, 444 Andover Park East, Tukwila, Washington 98188 (206) 575.4404 Cl: (Owner or Contractor) /p 9- .7..1;c.Z. . r-. ... (address) l,,c_ ..I . r. Label No ....!S "' (county) ROUGH -IN WIRING REPORT FOR OWNER OR CONTRACTOR Do Not Destroy or Conceal (city or town: APPROVED FOR COVERX unfin. basement ❑ ❑ APPROVED FOR SERVICE Except unfin. upstairs ❑ ❑ HEAT CABLE APPROVED unfin. family room ❑ FOR COVER 1 Inspector Dal ELECTRICAL INSPECTION SECTION DEPARTMENT OF LABOR AND INDUSTRIES LI 500-5 Rough -in Approval 7 -78 .9° 3 III . Name Boardwalk Restaurant Systems Northwest Inc. Bear Automotive Service Equipment Company Printing Control Wa. Amerpet Frye Copysystems, Inc. Diaz School H.M.S. Sales, Inc. Maxus . Inc. CCTF Inc. R.V. Nicholls Kieruiff Carlyle Technical Sales, Inc. PEMCO Claims of Gymnastics 1027 Andover Park East Tukwila, WA 98188 LIST OF TENANTS Address Hours Days' Sq. Ft. 1001 Andover Park East 6am -9pm M -F Tukwila, WA 98188 1005 Andover Park East 7:30am - M -F(f) Tukwila, WA 98188 5:00pm 1009 Andover Park East 8am -5pm M -F Tukwila, WA 98188 1011 Andover Park East 8am -6pm M -F Tukwila, WA 98188 1017 Andover Park East 9am -4pm M -F Tukwila, WA 98188 1025 Andover Park East 7am- 4:30pm M -F Tukwila, WA 98188 1031 Andover Park East Tukwila, WA 98188 1033 Andover Park Tukwila, WA 98188 2 -9pm M -F 8am -5pm M -F 8am -6pm M -F 1041 Andover Park East 8am- 5:30pm M -F Tukwila, WA 98188 1051 Andover Park East 7:30 -5:00. M -F Tukwila, WA 98188 1053 Andover Park East 7am -6pm M -F Tukwila, WA 98188 1059 Andover Park East 8am- 4:30pm M -F Tukwila, WA '98188 1061 Andover Park East 8am- 6:30pm M- Thursday Tukwila, WA 98188 C. Dear M3 Tenants, Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE. 1. Name and address of Business (�CZc ■ F E'ti �.(� �L �40 (Title) The Diaz School of Gymnastics as one of your neighbors, is primari: a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall Winter months usually on Saturdays and on rare occasions on Friday' evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will he reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. 6- P5 Andover Park East Tukwila, Wa. 98188 2. Primary use of your business in this facility is: operation are: � - o en to �'( p � 3. Hours of o • ( p ) �• • (c -lose ) 4. Days of operation are: MonK APed? Sri Sat Sun 5. Do you see any problems when meets are held on )><Vo Yes (If yes, explain) G. Do you see any problems when meets are held on Friday evenings? No . e s . ( I f yes, explain) L. G L ' 0 L , C = = j f C 5 M A-% if ri- Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months - usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Morterason Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business 2. Primary use of your business in this facility is: oo�w- 3. Hours of operation are: L • - (open) 4. Days of operation are: Mon'Tue A VedT k1 ri Sat Sun 5. Do you see any problems when meets are held on Saturdays? o _Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? Noes• (If yes, explain) L.C,�� (J.L CSZ v- � r F z oat/ C-\ ( (Title) &94;cat 4 - K P5 - 0(- 1 4 1 1jr Andover Park East Tukwila, Wa. 98188 Dear M3 Tenants, `ZT ignature) The Diaz School. of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are.held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces.•Although we can not foresee this happening baked on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business Carlyle Technical Sales, Inc. Tukwila, \Va. 98188 .2. Primary use of your business in this facility is: Shipping ,.Receiving 3. Hours of operation are: 8 a.m. (open) to 4: 30pm(close ) 4. Days of operation are: X Mon•X Tue X Wed X Thu X Fri Sat Sun 5; Do you see any problems when meets are held on Saturdays? X No Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? X No Yes (I f yes, explain) • General Manager a bara Moyle (Title) 1059 Andover Park East Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will •be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be . a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave ? ortenson Diaz School of Gymnastics QUESTIONNAIRE. 1. Name and address of Business 'r /1A/ Andover Park East Tukwila, Wa. 98188 2. Primary use of your business in 'this facility is: (/.i- q 1— (.t fe .0.C/.; � 3. Hours of operation are: .g (open) to .;24 (clos.e) i • 4. Days of operation are: Alon VTue t /Wed ghuFriSatSun 5. Do you see any problems when meets are held on Saturdays ?. /No Yes (If yes, explain) G. Do you see any problems when meets are held 'on Friday evenings? «No Yes (If yes, explain) /12/. - /W, (Signature) (. 1 (Title) J Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking. problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business Frye Copysystems, Inc. Tukwila, Wa. 98188 2. Primary use of your business in this facility is: Manufacturing Onetime carbon paper for forms, 3. Hours of operation are: 7:00 AM (open) to 4 :30 PM(close) 4. Days of operation are: X Mon X TueX Wed X ThuX Fri Sat Sun 5. Do you see any problems when meets are held on Saturdays? X No Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? X No Yes (If yes, explain) (Signature) Ken Leahy General Office Clerk (Title) 1025 Andover Park East Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From. time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE• 1. Name and address of Business 2. Primary use of your business in this facility is: (S Yes (If yes, explain) nature) . (Title �.w fldo// 105 Andover Park East Tukwila, Wa. 98188 3. Hours of operation are: '? (open) to x:00 (close) 4. Days of operation are: 1/Son •Tue LWed (---Thu vFri Sat Sun 5. Do you see any problems when meets are held on Saturdays? 1 410 Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? � F' Dear ;•13 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business /OW Andover Park East Tukwila, Wa. 98188 2. Primary use of your business in this facility is: 3. Hours of operation are: 8 (open) to 6: 30 (close) 4. Days of operation are: V■1on v'fue '4edc/thu r ri Sat Sun 5. Do you see any problems when meets are held on Saturdays? 6. Do you see any problems when meets are held on Friday evenings? VNo Yes (If yes, explain) . (Signature) (Title) • No Yes (If yes, explain) Y 5//g/vem Moz, mag • 6c rr /A/C ;■ • Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires . • that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions.will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE, 1. Name and address of Business 2. Primary use of your business in this facility is: itoLc s A�- E ) il ,Av , ltn� -Sc 3. Hours of operation are: O (open) to (close) 4. Days of operation are: > XLTue >Wed - ThuF Sat Sun 5. Do you see any problems when meets are held on Saturdays? j<No Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? b o _ Yes (If yes, explain) n q/71 (Si g )ature) I (Title) Andover Park East Tukwila, Wa. 98188 • ti ( ri A GE f•M J Thank you for helping us in this manner. Dear M3 Tenants, Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall an Winter months usually on Saturdays and on rare occasions on Friday evenings Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on•your business or its operation. To help the City and the building owners know if our need for'parkinl will be a problem, we are asking each tenant to fill out the questior naire below. Information from these questions will he reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursdr August 25. 49.3f Andover Park East Tukwila, \7a. 98188 2. Primary use of your business in this facility is: OfIcC2 Cr Z,.-F :nom €___ 3. Hours of operation are: g (open) to (close) 4. Days of operation are: h Mon X Tue Y Wed Thu X Fri Sat Sun 5. Do you see any problems when meets are held on Saturdays? ,No Yes (If yes, explain) G. Do you see any problems when meets are held on Friday evenings? ,XNo Yes (If yes, explain) . (*--) Cwt � CL c (Signature) E ( ?I.) 4/ /77 S S s , \Jr) c _ • (Title) Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires • that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation: To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1 . Name and address of Business , r r A I"_'' : ' !� C r : I_ 7 j I I Andover Park East Tukwila, Wa. 98188 2. Primary use of your business in this facility is: / e4 r1 r/ 03C / 4 C 3. Hours of operation are: 7 (open) to 6, (close) 4. Days of operation are: 7 Mon, Tuey' Wed ��Thu>. FriSatSun 5. Do you see any problems when meets are held on Saturdays? to Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? No —_Yes (If yes, explain) (S* Fratuye) (Title) • Dear M3 Tenants, QUESTIONNAIRE The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets'are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics 1. Name and address of Business / Andover Park East Tukwila, Wa. 98188 2. Primary use of your business in this facility is: re At/7 Ti tp/i 3. Hours of operation are: T (open) to , (close) 4. Days of operation are: X Dion Tue Wed Thu Sat Sun 5. Do you see any problems when meets are held on Saturdays? Y _No. Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? (Sign a ure ) Yes (If yes, explain). 2 /'/e;•,a (Title) -p.,- BEAR AUTOMOTIVE SERVICE EQUIPMENT COMPANY • Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets.are held during the Fall and \ ?inter months usually on Saturdays and on rare occasions on Friday evenings Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Mortenson Diaz School of Gymnastics QUESTIONNAIRE 1. Name and address of Business Tukwila, Wa. 98188 2. Primary use of your business in this facility is: 3. Hours of.operation are: 73 (open) to, O (close) 4. Days of operation are: �c Tion}c Tue.Y Ned }Thu x Fri Sat_ Sun 5. Do you see any problems when meets are held 6n'Saturdays? }.No Yes (If yes, explain) 6. Do you see any problems when meets are held on Friday evenings? No Yes (If yes, explain) c 'k 't c 1 i4L f,CJ14/ LL'o,e./T f3f•/ 1t S f / /'3a (Signature) t 567K/16 X. /0 7l/ /CiS Andover Park East /jl2'c!5i7Q/ 1 6etd ( fP///mE 6--,e) (Title) Dear M3 Tenants, The Diaz School of Gymnastics as one of your neighbors, is primarily a training facility for Olympic style competitive gymnastics. From time to time, we will be hosting meets which will greatly increase our need for parking spaces. These meets are held during the Fall and Winter months usually on Saturdays and on rare occasions on Friday evenings. Based on our square foot calculations the City of Tukwila requires that we will need approximately 150 spaces. Although we can not foresee this happening based on the meets we have' conducted this year, we want to insure that our off hour demands on parking will not bring any adverse impact on your business or its operation. To help the City and the building owners know if our need for parking will be a problem, we are asking each tenant to fill out the question- naire below. Information from these. questions will be reviewed by the Planning Commission of the City of Tukwila to determine if we have a parking problem. They will be meeting on this issue on Thursday August 25. Thank you for helping us in this manner. Dave Alortenson Diaz School of Gymnastics QUESTIONNAI RE 1. Name and address of Business 2. Primary use of your business in this facility is: 3. Hours of operation are: 7 (open) to 4; 4. Days of operation are: ✓iron ✓Tue !Ned ✓Chu ✓Fri Sat Sun 5. Do you see any problems when meets are held on Saturdays? 4o Yes (If yes, explain) 6. Do you see any problems when meets e are held on Friday evenings? _ No ✓f e s (If yes, explain) mac ,/ 4 =Z -� "' --. U % G �e (Signature) (Title) . T. 75 /053 Andover Park East Tukwila, Wa. 98188 \ / / N / Prc4E,K 3w' re4 ul 61.1 Power /loon 5 LhG&I of cc .,0t4, +,c Muf I Gff �e oa?h 3, n, 5cal L'a'l. 'I -0 Foa P,t Storage G 7i1n — 5puc! tiSr.uy gilimmorrimmlimmaxammala Attachment 7 - Building Layout — • • 5f� U pper Rloor Plan 0Jekche 0 u h G2 A • 771291348 • - " • t r-- Sat • C . . .7 .0.. - . 3 4s I tat 63 41n1 3 4 5. 0 U day a4 KING allnlestre 1114M, n I c508 23 1 § . 441 PH '11 , `el RECIRYIED RC REC011til: 7711291348 roost OM • State Of 1X1;:SI. 1:4 1 NOV 2 9 1977 E443938 CUP SEATTLE PROPERTIES, • peril...rat:11p Gump a EIA j NY ; CCU SWILL FLIWET.! MC --team I • Ctlify Cerporatifie 0. eLl+ ird Novelelor A. D. 19 . halms me, live undo r• uirsisedi. a Nessory Peleliu int stesel Sor 3auus est lisehisitate duly t mein mum , - , r1 aisem asemeninly J. TIMM MUM steed 14 " Odra .54ecia4aty re.pectiltasie. III die emnponadoe d.a• esealmod S Ivanseeere IIIIJI4 a4 ekalimi«elavel th. mud instrument In l.. tfde Ire. etet.d •olua• mei atat.ared Jowl ea amid eampearkes. ler ism ems and putepostee dustrain .111141oNse...d. turd us malt simnel that.. Jur amoimmiesd b ameame wad imanaveeut sad diet oke seal *Zoe 4-3m...fa . if ...ad EXHIBIT A 7711291348 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W,N., IN KINC•COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 88'12'32" EAST 30.00 FEET TO 1HE POINT OF OkICIN OF THE CENTERLINE OF 171E P -17 DRAINAGE CHANNEL, WHICH CHANNEL CONTINUES SOUTH 88'12'32" EAST TO.TERMINUS AT THE WESTERLY MARGIN OF CHRISTENSEN ROAD; THENCE CO;iTINUIUG SOUTH 63' 12'32" EAST ALONG SAID P -17 DRAINAGE CHANNEL CENTEPLINE 360.00. FEET; THENCE SOUTH 01'47'28" WEST 21.00 FEET TO THE SOUTHERLY MARGIN OF HINKLER "BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'12'32" EAST ALONG SAID SOUTHERN' MARGIN 486. `0 FEET TO THE WESTERLY MARGIN OF ANDOVER PARK • LAST AS RECORDED UNDER AUDITOR'S FILE NU. 6355530, VOI.1 "•LE X095, PAGES 65 AND 6b, ,RECORDS OF KING' COUNTY, WASHINGT(::. THENCE SOUTH 0t47' 2e VEST ALONG SAID WESTERLY MARGIN ':•40.99 FEET, THE:JCE ALONG A CURVE TO THE RIGHT HAVING RADIUS OF 322.62 FEET; THE CENTER OF WHICH HEARS NORTH 6d' 12' 32•" WEST. THROUGH A .CENTRAI, ANGLE OF 21 4 02'23". •;:1 Alai DISTANCE OF 11 FEET TO A POINT OF REVERSE CURVATURE, THENCE ALONG A CURVE TO THE LEFT ILAVI:JG A RADIUS (.'F Jd2 b: l'EET, 711E CENTER OF WHICH DEARS SOUTH 67'10'09" EAST, TIIROUGII A CEN'1'RAI. ANGLE OF 01'41'06" AN ARC DISTANCE or 11.47 FEET. 1'IIC:ICE .JORTI( 68 2' 11 WEST 474.54 FEET. •!III :IL L ALOI:G A CURVE TO THE are HAVING A RADIUS OF JoU. li, l't L: , • TUC CENTER OF WHICH DEARS NORTH 70')7'17" NEST, TIIROI•Gtt A CENTRAL ANGLE OF 17' 15' 15 ", AN ARC DISTANCE OF `fU THENCE :IURT11 01 EAST ,711.55 FEET TO '1'1,1: TRUL !''.i ::',' .61 Attachment 9 - Legal Discriptioii Herbert Bittman, Jr. 406 Securities Building Seattle, WA 98101 Bruce McCann P.O. Box 88314 Tukwila, WA 98118 Prudential Insurance Company 2810.0ne Union Square 600.University Seattle, WA 98101 Circle V Associates Two 405 - 114th Avenue SE, #201 Bellevue, WA 98004 Sea Port Investments Inc. .5319 SW Westgate Drive Portland, OR 97221 Owners' List List of Owners Who Are Within 300 Feet of Property: • Attachment 10 - Property Owners Page -3- • Planning Commission March 28, 1985 The findings and conclusions of the staff report were accepted. PLANNING COMMISSION ACTIONS A. ` 83=IS-SPE: Diaz School of Gymnastics, requesting approval of a cooperative parking agreement. Mr. Beeler summarized the staff report. He informed the Commission that the cooperative parking agreement had been signed. The Commission discussed the current and future parking needs and regula- tions in that area. MR. COPLEN MOVED TO APPROVE APPLICATION 83- 13 -SPE: DIAZ SCHOOL OF GYMNASTICS. MR. LARSON SECONDED THE MOTION. Mr. Coplen withdrew the motion as no action was required. BOARD OF ARCHITECTURAL REVIEW A. DR- O1 -84: Sunwood III, requesting approval of plans for 66 multiple family units. Mr. Beeler recommended continuance of this item. MR. SOWINSKI MOVED TO TABLE ANY FURTHER ACTION IN THIS ITEM UNTIL SUFFICIENT INFORMATION IS AVAILABLE. MOTION DIED FOR LACK OF SECOND. Jerry Kresovich, Hillis Cairncross Clark & Martin, representing the appli- cant, said they would not object to a continuance to the next meeting if there was an understanding that this manner be dealt with in an expeditious manner. Mr. Beeler said that the April 11, meeting date would be acceptable to staff. Ryan Thrower, President of Sunwood Homeowners Association, requesting the meeting be held no sooner than one month. Joanne Hernandez, 15224 Sunwood Blvd., Tukwila, WA 98188, requested a con- tinuance to May. MR. LARSON MOVED TO CONTINUE TO THE APRIL 25TH MEETING AND TAKE INTO CONSIDERATION THAT THE COMMISSION GET ALL THE INFORMATION AND MAKE A DECISION THAT NIGHT. MR. SOWINSKI SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. B. DR- 03 -85: Metro ETS, requesting approval of 96" buried forcemain pipeline and bridges over the Duwamish River. Page -4- • Planning Commission March 28, 1985 C. DR- 04 -85: NC Machinery, requesting approval of plans for a 2 -story office building located at 17025 West Valley Highway. Mr. Beeler said the applicants of these proposals requested the Board of Architectural hold a: special meeting on April 11, 1985, to consider the applications. The Planning Commission agreed to the special meeting date. Mr. Beeler requested the Commission enter their findings and conclusions into the record on the denial of application 85 -10 -CUP, Profit Freight. Mr. Knudson opened the public hearing for 85 -10 -CUP, Profit Freight. Mr. Sowinski said he felt the truck terminal use was too intense for the area and would have an adverse effect on the single family neighborhood. He was concerned with noise, traffic problems, and safety. Mr. Larson stated that it does not conform to TMC 18.64.050. The proposed use will be materially detrimental to the public welfare and injurious to the property or improvements in the vicinity. Mr. Knudson closed the public hearing. CITY COUNCIL ACTIONS Mr. Beeler reported the status of the SEPA Ordinance revisions, CIP for- mulation, and Building Official position. ADJOURNMENT MR. SOWINSKI MOVED TO ADJOURN THE MEETING. , MR. LARSON,SECONDED THE. MOTION, WHICH PASSED UNANIMOUSLY. TUKWILA'PLANtING COMMISSION Rick Beeler Secretary BLK JAMES A. MURPHY• JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM•• WAYNE D. TANAKA G. GEOFFREY GIBBS} LARRY C. MARTIN ROBERT G. ANDRE= MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D. OGDEN. JR. RAYMOND D. OGDEN (1876.1972) RONALD A. MURPHY (1930.1983) Rick Beeler Associate Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Dear Rick: LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 (206) 622-2991 TELEX: 287941 OGDN UR TELECOPIER: (206) 343.0886 February 20, 1985 FEB 2 51985 CITY Of TUK PLANNING DEPT. RE: Diaz School of Gymnastics /WRC Properties, Inc. R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTOPHER A. WASHINGTON° JAMES E. HANEY ROSEMARY P. BORDLEMAY SUE E. FREEBORN BARBARA B. HEAVEY W. SCOTT SNYDER" PHILLIP C. RAYMOND ERIC J. THOMAN PAMELA M. ANDREWS • ALSO ADMITTED IN CALIFORNIA •• ALSO ADMITTED IN DISTRICT OF COLUMBIA }ALSO ADMITTED IN MONTANA ALSO ADMITTED IN COLORADO. NEW YORK AND NEW JERSEY 'ALSO ADMITTED IN WISCONSIN °°ALSO ADMITTED IN MISSOURI I am in receipt of the letter of February 12, 1985 from Caldwell Banker, Ronald P. Stan. It sounds as though your approach in denying business licenses to the other tenants brought about the desired response. Their execution of the final signature page should conclude your file regarding the cooperative parking agreement. An obvious point, that I am sure you will take care of, is that the signature page should be inserted in the agreement which you already have and recorded as a part of the original agreement. That final page is returned to you for inclusion in the agreement. One other item that requires response to is Mr. Stan's statement in paragraph 2 of his letter that the agreement is submitted "contingent upon the City of Tukwila granting Diaz and all of the pending tenants new or renewal business licenses." I think you can certainly agree that pending business license applications will not be held up because of the cooperative parking agreement, but all tenants must comply with all of the various provisions of City Code in order to obtain their licenses. In that regard if the continuing Building Code problems are not resolved between Diaz and the City, you should direct your inquiries to Jim Haney of this firm. As you are aware, we are consolidating the work that we do for you to fewer attorneys in order that you can have better coordinated service. Rick: Beeler City of Tukwila Diaz School /WRC Properties February 20, 1985 - 2 It has been a pleasure working with the City staff, particularly yourself and Lorraine Cronk. WSS /naa cc: Jim Haney Very truly yours, OFFICE OF THE CITY ATTORNEY W. Scott Snyder A MEMBER OF THE SEARS FINANCIAL NETWORK COLDWeLL BM1KeR COMMERCIAL REAL ESTATE SERVICES February 12, 1985 Mr. Rick Beeler Associate Planner City of Ibkwila 6200 Southcenter Boulevard Tukwila, WA 98188 Re: M -3 Camplex Cooperative Parking Agreement Dear Mr. Beeler: ENI BUILDING 110 110TH AVENUE N.E. SUITE 303 . BELLEVUE, WASHINGTON 98004 (206) 455.8500 After further consideration, WRC Properties, Inc. has decided to execute the Cooperative Parking Agreement for the M -3 Complex and the Diaz ten - ancy. This agreement, 'however, is submitted contingent upon the City-of Tukwila granting Diaz and all other pending tenants new or renewal business li- censes. Call me if you have any questions. Very truly yours, COLtWELL BANKER REAL ESTATE MANAGEMENT SERVICES Ronald P. Stan Real Estate Manager RPS /vh enclosure ;r; A MEMEER OF THE SEARS FINANCIAL NETWORK coLweLL BAN KeR COMMERCIAL REAL ESTATE SERVICES February 12, 1985 Mr. Rick Beeler Associate Planner City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 ENI BUILDING 110 110TH AVENUE N.E. • SUITE 303 BELLEVUE, WASHINGTON 98004 (206) 455.8500 Re: M -3 Complex Cooperative Parking Agreement Dear Mr. Beeler: After further consideration, WRC Properties, Inc. has decided to execute the Cooperative Parking Agreement for the M -3 Complex and the Diaz ten- ancy. This agreement, however, is submitted contingent upon the City of Tukwila granting Diaz and all other pending tenants new or renewal business li- censes. Call me if you have any questions. Very truly yours, COLDWELL BANTER REAL ESTATE MANAGEMENT SERVICES Ronald P. Stan Real Estate Manager RPS /vh enclosure January 24, 1985 Ronald P. Stan Real Estate Manager Coldwell Banker 110 110th Ave. NE Suite 303 Bellevue, WA 98004 Respe tf L. Rick Beeler Associate Planner LRB:ks cc: City Attorney City Administrator City Clerk Planning Director James P. Garofolo City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor Re: M -3 Complex Dear Mr. Stan: Thank you for your letter of January 22, 1985, and the enclosed site plan and tenancy data. This was reviewed and the site inspected. A total of 260 useable parking stalls exist on the property-, of which 196 are required for the tenants you indicated, except for the Diaz School of Gymnastics. The Diaz business requires 159 parking stalls (Zoning Code calculation based on occupancy load). This total parkingr. of 355 stalls exceeds the 260 stalls provided. i The flexibility you requested in resolving this situation was exercised by the Planning Commission on August 25, 1983, in approving the Diaz Cooperative Parking Agreement. Since the agreement has not been consummated, the Commission referred the matter to the City Attorney. Therefore, the situation is out of the hands of City staff and the Commission. The existing noncompliance with the Zoning Code parking requirements continues to prevent us from approving new business licenses and tenant remodels, and /or renewing. existing business licenses. Please contact Scott Snyder, City Attorney, at 622 -2991 if you have further questions. A MEMBER OF THE SEARS FINANCIAL NETWORK COLDWGLL BAN COMMERCIAL REAL ESTATE SERVICES January 22, 1985 L. Rick Beeler Associate Planner City of Mikwile 6200 South Center Blvd. Tukwila, Washington 98188 Ref: M -3 Complex Dear Mr. Beeler: Ronald P. Stan Real Estate Manager RPS /gw Enclosure C , C :1�1. LIAM 2 3 1985 CITY OF PLANNING DEPT. 110 110TH AVENUE N.E. • SUITE 303 BELLEVUE, WASHINGTON 98004 1206)455.8500 Enclosed is a copy of the site plan for the M -3 Complex, currently up dated to reflect new tenancies as of this date. I have indicated the total space area on the sight plan. Also enclosed is a breakdown of the tenant spaces indicating gross floor areas and approximate amounts for warehouse, office, and retail use. Our client WPC Properties, would certainly like to cooperate fully with the City of Tukwila with respect to this matter. However, we do feel that the projected 159 parking stall requirement for the Diaz tenancy represents a highly excessive and unrealistic number, especially since parking requirements are usually for evenings and weekends when other tenants will not be parking in the complex. We respectfully ask that you include this fact in your evaluation. Please contact me at 455 -8500 if you have any questions. Very truly yours, COLDWELL BANKER REAL ESTATE MANNGEMET SERVICES • I 1 �1 I I I I! 1 U 1d1 I I 1 I I I I I I I 1 I 1 I I I I I I' ! U • ; 1600s.f. M - 3 COMPLEX 1 ; VI!) 1/v PRINTING 1011) 12,000 s. _ -� 1 JET -A -WAY (1011) 12,000 s.f (10531 12.000s.4 H � . a� SYSTEM N.W. 8 (1005, 1007) S .10.800 s.f. § rJ DIAZ * •� 'S INC. GIMOSTIc (1033) (1027) lar ,600 s.f. 8100 s.f. ° 10/31/85 AOTOGRA7 ''c'(IIIIIIIIiIIIIIII1i!11v WV r -; olla 01 GI S f F ID CCTV (104) inc. 19,200 s.f. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 MS. REBECCA STRAND Assistant Real Estate Manager Coldwell Banker ENI Building, Suite 303 110 110th Avenue N.E. Bellevue, WA 98004 RE: WRC #1256 M -3 COMPLEX Dear Ms. Strand: January 3, 1985 The City of Tukwila is receiving individual business license renewal applica- tions for 1985 for this complex. In order to review these applications, we need some way of determining overall compliance with the zoning code parking requirements. Our records are insufficient to determine compliance since current vacancies are not reflected. In my letter of December 3, 1984 to James P. Garofolo, WRC Properties, Inc., I outlined the current parking problem created by the Diaz School of Gymnastics tenancy. To date insufficient parking may exist on the property to enable the City to approve every 1985 business license renewal application and /or the new application of Assembly Control at 1015 Andover Park East. To facilitate our review, please forward a current site plan showing all parking and current floor plans of the spaces of the buildings indicating gross floor areas leased to specific tenants and whether for retail, whole- sale, office or warehouse use. This will become a part of our record for future review, but will currently enable us to determine if required parking is provided on the property. Since WRC Properties, Inc. expressed in Mr. Garofolo's letter of November 27, 1984, refusal to sign the Diaz Cooperative Parking Agreement, the Diaz tenancy must be evaluated on an occupancy load and normal working day basis. The current building permit application indicates 159 parking stalls are required solely for this tenancy. Our understanding is that 265 parking stalls exist on the site. This leaves a residual of 106 parking stalls for the remaining tenants of the complex, which is where we need your assistance in ensuring compliance with the zoning code. RB /co MS. REBECCA STRAND January 3, 1985 Page 2 cc: City Attorney City Administrator City Clerk Planning Director James P. Garofolo Respect • 1 Please contact me at 433 -1847 if you have any questions. . Rick Beeler. Associate Planner wt-A C 'iv City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 ;1908 December 3, 1984 Gary L VanDusen, Mayor James P. Garofolo Senior Real Estate Manager WRC Properties, Inc. 730 Third Ave. New York, N.Y. 10017 Re: Diaz School of Gymnastics - M -3 Complex (83- 13 -SPE) Dear Mr. Garofolo: John Diaz submitted to the Planning Commission November 29, 1984, a copy of your November 27, 1984, letter to Ms. Rebecca Strand, Coldwell Banker. The Commission on that date again reviewed the status of the cooperative parking agreement. Since you represent the property owner, this letter is to inform you of the Commission's action. Because the cooperative parking agreement has not been signed, Mr. Diaz was found to not comply with the Zoning Code and the Commission's August 25, 1983, decision on his behalf to deviate from the Zoning Code parking require- ments through a cooperative parking agreement. Therefore, the Commission referred the matter to the City Attorney for timely final resolution. Since Mr. Diaz's business requires more parking than office, warehousing or retail uses, the lack of the agreement impacts overall parking in the M -3 complex. Each existing and future tenant in the complex must be evaluated for total compliance with parking requirements of the Zoning Code. This review will occur when business licenses renewals are reviewed,, new tenants apply for business licenses and /or any building permit applicaions are submitted. The Zoning Code only permits uses which conform to he Code requirements. If you have any questions, please contact the City Attorney's office at 206 - 622 -2991 and ask for either Jim Haney or Larry Martin. Respectful Ric Beeler Associate Planner RB /blk cc: City Attorney City Administrator Planning Director Mr. & Mrs. John Diaz Ms. Rebecca Strand December 3, 1984 James : P. Garofolo Senior Real Estate Manager WRC Properties, Inc. 730 Third Ave. New York, N.Y. 10017 Re: Diaz School of Gymnastics - M -3 Complex (83- 13 -SPE) Dear Mr. Garofolo: John Diaz submitted to the Planning Commission November 29, 1984, a copy of your November 27, 1984, letter to Ms. Rebecca Strand, Coldwell Banker. The Commission on that date again reviewed the status of the cooperative parking agreement. Since you represent the property owner, this letter is to inform you of the Commission's action. Because the cooperative parking agreement has not been signed, Mr: Diaz was found to not comply with the Zoning Code and the Commission's August 25, 1983, decision on his behalf to deviate from the Zoning Code parking require- ments through a cooperative parking agreement. Therefore, the Commission referred. the matter to the City Attorney for timely final resolution. Since Mr. Diaz's business requires more parking than office, warehousing or retail uses, the lack of the agreement impacts overall parking in the M -3 complex. Each existing and future tenant in the complex must be evaluated for total compliance with parking requirements of the Zoning Code. This review will occur when business licenses renewals are reviewed, new tenants apply for business licenses and /or any building permit applications are submitted. The Zoning Code only permits uses which conform to the Code requirements. If you have any questions, please contact the City Attorney's office at 206 - 622 -2991 and ask for either Jim Haney or Larry Martin. Respec ul Ric Bee er Associate Planner City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor RB /blk cc: City Attorney City Administrator / Planning Director ✓ Mr. & Mrs. John Diaz Ms. Rebecca Strand ;1908 TO: FROM: DATE: SUBJECT: City of Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanOusen, Mayor City Attorney Planning Department December 3, 1984 Diaz School of Gymnastics Since the August 25, 1983, decision of the Planning Commission to approve a Cooperative Parking Facility for the Diaz School of Gymnastics, the City has attempted to secure Mr. Diaz's compliance with the requirement of the property owner.signing a cooperative parking agreement. To date staff and the Planning Commission have been unsuccessful. On November 29, 1984, the Commission held a public hearing and passed the following motion:. MOVED TO ACCEPT THE FINDINGS AND CONCLUSIONS OF THE STAFF ADDENDUM REPORT AND RECOMMEND THE CITY ATTORNEY PUT FORTH HIS GOOD OFFICES TO SEEK CONCLUSION TO A COOPERATIVE PARKING AGREEMENT AND THAT THE TOTAL TIME ELAPSED SHALL NOT EXCEED 18 MONTHS AND THAT THE CITY ATTORNEY BE ADVISED OF THE PLANNING COMMISSION INTENT TO TAKE A FLEXIBLE POSITION. On this basis the matter is hereby referred to you for resolution. Attached are copies of the most pertinent portions of the record on the Cooperative Parking Facility (83- 13 -SPE). RB /blk cc: City Administrator Planning Director Building Official MEMORANDUM City ( of 'Tukwila 6200 Southcenter Boulevard 13.1 , v . o Tukwila Washington 98188 L 1908 TO: DAN WO SSISTANT CITY ATTORNEY FROM: R' eler Associate Planner DATE: December 5, 1983 Gary L. VanDusen, Mayor MEMORANDUM N‘bi tee SUBJECT: Cooperative Parking Agreement - Diaz School of Gymnastics, 83- 13,SPE The Planning Commission on August 25, 1983 approved the Diaz School of Gymnastics creating a cooperative parking agreement. A draft of the agreement was received December 1, 1983, for review by the City (attach- ment). The Planning Department has received the draft agreement and found substantial conformance with the two previous cooperative parking agreements approved for the Parkway Plaza (Benaroya Company - 83 -21 -SPE) and Center Place (Hayden Island, Inc. - 82 -16 -SPE), a copy of each is attached. To achieve total conformance with the previous agreements, we recommend the proposed draft agreement be modified to include the following conditions: 6. This agreement may be amended or modified by agreement between the owners and the City; provided such amended agreement shall be approved by the Tukwila Planning Commission after written notice of property owners within three hundred ( feet of the Property. 7. Nothing in this Agreement shall prevent the Tukwila City Council from making such further amendments to the Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement shall prevent the application to the Property of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit of the City. The City may institute and prosecute any proceedings at law or in equity to enforce this Agreement, including in - unct've rAl ef. The City oWm shall be entitled to recover from Be a e Itasonable attorney fees and costs for any action commenced pursuant to this Agreement. j®. In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such invalidity or voidness shall in no way affect any other coyfvenant, condition or restriction hereinabove contained. $6. If any change is made to the above described tenants or complementary tenant mix and such change affects the parking approved by the Planning Commission on August 25, 1983 (a copy of which is attached as Exhibit 4 and incorporated herein by reference) so as to create Page -2- TO: DAN WOO, AArTSTANT CITY ATTORNEY FROM: Rick Beele,,.Associate Planner DATE: December 5, 1983 SUBJECT: Cooperative Parking Agreement - Diaz School of Gymnastics, 83- 13 -SPE a need for additional parking, the Tukwila Planning Department staff may request the Tukwila Planning Commission to review the cooperative parking facility, and the Tukwila Planning Commission may require cancellation thereof or modification of its terms upon finding of adverse impact to public safety or health. If you have any questions or feel we should meet on this, please call me at 433 -1845. RB /blk FEDERAL EXPRESS WRC PROPERTIES, INC. 730 Third Avenue New York, New York 10017 a to - 7/6 -9(152 Ms. Rebecca Strand Assistant Real Estate Manager Coldwell Banker ENI Building Suite 303 110 110th Avenue N.E. Bellevue, Washington 98004 November 27, 1984 RE: WRC 0 1256 • M -3 Complex Tukwila, Washington Dear Becky: I refer to your letter dated November 19, 1984 and the letter dated August 22, 1984 from the City of Tuckwila to Mr. and Mrs Diaz whereby WRC Properties has been asked to sign the Cooperative Parking Agreement regarding the Diaz School. Although the M -3 complex has always had plenty of parking and we do not believe that the Diaz School will create any parking problems if they schedule meets on Saturdays and off - hours, my attorney will not allow me to execute the Agreement because: 1) The Cooperative Parking Agreement encumbers the property. 2) The City is entitled to recover from us legal fees and costs for any action commenced pursuant to this Agreement. 3) When there is a change in tenant mix, we maybe subject to further. reviews and modifications of the Agreement. 4) WRC Properties was not required to execute the existing Agreement. - We certainly Tuckwila and your request speak to me,' would like to cooperate fully with the City'of Mr.and Mrs. Diaz but we must respectively decline at this time. If the City Planner would like to please have him call at any time. PAGE .2 4 City ( of Tukwila la A 1908 November 5, 1984 Z 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 Re: Cooperative Parking Agreement Dear Mr.. & Mrs. Diaz: As of October 29, 1984, the signed cooperative parking agreement had not been submitted. Per the Planning Commission's direction, therefore, de novo consideration of the agreement has been scheduled for the Commission's meeting of November 29, 1984. When you receive the agreement please notify . and deliver a copy to me. The staff report for the Commission will be written on November 13, 1984, and can be withdrawn or modified if the agreement is delivered by then. If you have any questions call me at 433 - 184 Respec#.f ll Rick reeler Associate Planner RB/blk cc: Mayor City Administrator Planning Director $ LA w 4 City of Tukwila c � 6200 Southcenter Boulevard Tukwila Washington 98188 ;1908 October 15, 1984 Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Letter of October 9, 1984, from Mayor Gary L. Van Dusen Dear Mr. & Mrs. Diaz: To avoid any misunderstanding about the November deadline mentioned in the Mayor's letter, I want to clarify the timing of the Planning Commission's requirement of the October 29, 1984, submittal of the signed cooperative parking agreement. The latter remains in effect and, if not met, will raise the issue of the agreement de novo with the Commission at their November 29, 1984, meeting. This is a separate issue from the building permit requirements which the Mayor asked to be met by the end of November. The building permit application review time period has elapsed, but the Building Official has not terminated it. If progress is not made in terms of submitting the required information by the end of November in order to issue the permit, the permit will have to be expired. Thereafter, a new permit application and fee will be required in order for any construction activity to incur within your building space. Repectfu l l Rick Beeler Associate Planner Gary L VanDusen, Mayor RB /blk (DIAZ.RB) cc: Mayor Planning Director Building Official Fire Marshall October 9, 1984 Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Agreement and Building Permit Dear Mr. Diaz: After Rick Beeler wrote to you on September 28, 1984, I discussed with him the status of the required building improvements in your space. My interest was to follow up the meeting with yourself, City staff and myself when we discussed what must be done to approve your building permit. I was disappointed to learn that all of the necessary information you agreed to provide has not been submitted. This concerns me for I thought clear agreement had been reached regarding what needed to be done. Therefore, I personally request that all of the information required by staff to conclude the building permit and cooperative parking agreement be submitted before the end of November. When I became involved in this matter my intent was to facilitate the exchange of requirements and information. Now that so much time has passed and the Planning Commission has acted, the entire matter has passed from my hands. The next step is either approval of the building permit and coopera- tive parking agreement or turning the matter over to the City Attorney for abatement proceedings. The former alternative has always been and continues to be my preference. However, I need your cooperation to avoid the latter alternative. If any questions still remain please call the appropriate staff people with whom you have already been in contact. GVD /blk cc: Planning Director Building Official Fire Marshall City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 9 /3188 Gary L VanDusen, Mayor y City ( t Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 September 28, 1984 Mr. & Mrs. John Diaz Diaz School of. Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Agreement Dear Mr. Diaz: This letter is formal notification that on September 27, 1984, the Planning Commission required that this agreement (signed by the property owner) be submitted on or before October 29, 1984. Failure to comply will result in the Commission reconsidering their original approval of the agreement. It should be mentioned that if the agreement is reconsidered and denied, your occupancy of the building would quickly be ceased. The building permit application would be denied, thereby causing posting of a stop . work order and a notice prohibiting occupancy. My strong recommendation is that you monitor progress on completion of the agreement in order to avoid any of the above actions. The City by necessity holds you responsible, not a realtor, for your occupancy and approval of conditions thereof. Section 18.90.020, Tukwila Municipal Code, requires that any appeal of the Commission's decision be filed by October 8, 1984, in writing with the City Clerk. Respectfpl1 Rick Beeler Associate Planner RB /blk cc: City Attorney Planning Director Building Official Fire Marshall conditions; COOPERATIVE PARKING AGREEMENT - 1 • COOPERATIVE PARKING AGREEMENT THIS INSTRUMENT, executed this date in favor of the CITY of TUKWILA, a municipal corporation (herein call "CITY "), by the undersigned owners of the the within described property (herein call "OWNERS ") and John and Ann Diaz, sole owners of the Diaz School of Gymnastics and a, tenant of herein described property (herein called "DIAZ SCHOOL "): Witnessth WHEREAS, Owners are persons.owning a fee simple and /or having a substantial beneficial interest•in certain real property . (herein called the "PROPERTY ") which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, the DIAZ SCHOOL is a tenant of a portion of the PROPERTY and WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of the City of Tukwila, the DIAZ SCHOOL has petitioned the TUKWILA PLANNING COMMISSION for approval of a cooperative parking facility located at the PROPERTY; and WHEREAS, the TUKWILA PLANNING COMMISSION is willing to grant the petition for a cooperative parking facility subject to execution and recording of an agreement with the CITY pertaining to certain .uses of the PROPERTY in the interest of public safety and health ;' NOW THEREFORE, OWNERS and DIAZ SCHOOL hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that the PROPERTY will• be used subject to the following terms and leAkterro- 0 .^1 1. Total on -site arrangement of parking spaces shall be as described • on the site plan (Exhibit 2). 2. DIAZ SCHOOL be limited to an occupancy load of 164 persons and'41 parking spaces between 2:00 and 5 :00 P.M., Monday through'. Friday. 3. Special promotional events within the PROPERTY which delete from service available parking shall not be allowed during periods of simultaneous operation of'all.other tenants of the PROPERTY. Special promotional events may be scheduled only when adequate parking is available. 4. It is understood that the cooperative.parking facility .is approved under this 'application upon finding by the PLANNING COMMISSION that such action is, taken in the public interest. The COMMISSION reserves the right to review this cooperative parking.facility agreement annually and may require cancellation thereof or modificatidtn of • its terms upon'finding.of adverse impacts. to public safety or health.. 5. The terms of the cooperative parking. facility agreement approved shall be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records, and shall run with the land, prior to issuance of the final certificate of occupancy for the DIAZ SCHOOL: 6. This agreement may be amended or modified be agreement between the OWNERS and the CITY:.provided such amended agreement shall be approved by the TUKWILA PLANNING COMMISSION after wr.ten notice Of property owners within three hundred (300) feet of the PROPERTY'.. 7. Nothing in this agreement shall prevent the TUKWILA CITY COUNCIL from making such further amendments to the Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement COOPERATIVE PARKING AGREEMENT - 2 shall'prevent the application to the PROPERTY of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit of the City. The City may institute and prosecute any proceedings.at law or in equity to enforce this Agreement, including 'injunctive relief'. The' City shall be entitled to recover from Owners'and John' and Ann'Diaz attorney fees and costs for 'any action'commenced pursuant to this Agreement. 9. If any change is made to'the above descripted'tenants or comple- mentary tenant mix and :such. change . affects :the parking approved by the Planning'Commission on.'August'25,,.1983 (a copy of which is attached; as Exhibit 3 and incorporated herein by reference) so. as to create a need for additional parking', the'Tukwila Planning Department staff may request the Tukwila 'Planning. Commission to review the Cooperative Parking Facility, and the Tukwila Commission may require cancellation thereof or modification of.its terms upon finding of adverse impact to public safety or health. 10..In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such 'invalidity or voidness shall in no way affect any covenant, condition or restric.- .tion hereinabove contained. DATED: /7 4p 1 ' 1984 Diaz Sch,&ol of Gymnastics BY % ' E�f'.I� ' /I C Joh Diaz, Owner BY ' C:tYN . ' ll:1i ' Ann Diaz, Owner STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this date,. before me, the undersigned, personally appeared before John Diaz and Ann Diaz, to .be know to be the owners of Diaz School of Gymnastics and who executed the within and foregoing :COOPERATIVE PARKING FACILITY AGREEMENT and acknowledge said instrument . to be the free and voluntary act and 'deed of said individuals,• for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said.instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 17th day Hof April • ' ‘" ' 1984, • • yz). r Notary Public In . and f_or the State of Washington, residing at Ronton . • JAMES A. MURPHY• JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM•• WAYNE D. TANAKA G. GEOFFREY GIBES} LARRY C. MARTIN ROBERT G. ANDREt MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D. OGDEN. JR. RAYMOND D. OGDEN 11876.1972) RONALD A. MURPHY 11930.1993) Dear Rick: WSS:jt Mr. Rick Beeler Associate Planner City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 (2061 622.2991 September 18, 1984 Very truly yours, OGDEN, OGDEN & MURPHY W. Scott Snyder ]I -[ r\ SEP 2 0 1984 crrti PLANNING L)EFI. MARK A. EAMES R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTOPHER A. WASHINGTON JAMES E. HANEY ROSEMARY P. BORDLEMAY SUE E. FREEBORN BARBARA B. HEAVEY W. SCOTT SNYDER • ALSO ADMITTED IN CALIFORNIA •• ALSO ADMITTED IN DISTRICT OF COLUMBIA t ALSO ADMITTED IN MONTANA t ALSO ADMITTED IN COLORADO, NEW YORK AND NEW JERSEY °ALSO ADMITTED IN WISCONSIN I received a copy of your letter of August 22, 1984 to the Diazes concerning their failure to secure the required signatures on the cooperative parking agreement. This matter has been dragging on for some months now and from where I sit I have not seen any attempt on the part of the Diazes to comply with the City's request regarding the parking agreement or the required work to be done on their premises in accordance with the building code. It may be time to consider some sort of enforcement action or at least a revocation of the parking agreement status due to their failure to comply with your most reasonable request. Please contact me at your convenience if you wish to begin some sort of action against the Diazes. JAMES A. MURPHY• JOHN D. WALLACE DOUGLAS E. ALBRIGHT LEE CORKRUM•• WAYNE D. TANAKA G. GEOFFREY GIBBSt LARRY C. MARTIN ROBERT G. ANDREt MICHAEL G. WICKSTEAD OF COUNSEL RAYMOND D. OGDEN. JR. RAYMOND D. OGDEN (1876.1972) RONALD A. MURPHY (1930.19831 Dear Mr. Beeler: WSS:jt Mr. Rick Beeler Tukwila Planning Department 6200 Southcenter Blvd. Tukwila, WA 98188 LAW OFFICES OF OGDEN, OGDEN & MURPHY 2300 WESTIN BUILDING 2001 SIXTH AVENUE SEATTLE. WASHINGTON 98121 (206) 622.2991 May 4, 1984 Very truly yours, OFFICE OF THE CITY ATTORNEY MARK A. EAMES R. MARK ALLEN STEVEN A. REISLER LAURA C. INVEEN CHRISTOPHER A. WASHINGTON JAMES E. HANEY ROSEMARY P. BORDLEMAY SUE E. FREEBORN •ALSO ADMITTED IN CALIFORNIA •• ALSO ADMITTED IN DISTRICT OF COLUMBIA t ALSO ADMITTED IN MONTANA ALSO ADMITTED IN COLORADO, NEW YORK AND NEW JERSEY ALSO ADMITTED IN WISCONSIN I have reviewed the cooperative parking agreement for- warded to you from the Diaz School of Gymnastics, John and Ann Diaz - owners. As we discussed Thursday on the telephone, the agreement is in good order but it will require the signatures of the owners of the property. As you are aware the coopera- tive parking agreement does several things, some of which the Diaz's may themselves agree to, such as their limitation of occupancy during certain hours (paragraph 2). Other items, such as parking configuration (paragraph 1) and particularly the provision that the agreement is to run with the land (paragraph 5) require the signatures of the landowner. I have attached a suggested acknowledgement to be used in obtaining the signatures of the property owners. It is in an oath format and should relieve you of the obligation to check record title. After our phone call I attempted to phone Dave Mortenson but have not been able to contact him. I suggest that you pursue him as well in the interests of getting this lingering situation resolved. Rd P ral NN rig {' r. P T 1 1 CITY OF PLANNING DEPT, 1 Individual Owner STATE OF WASHINGTON ) ss COUNTY OF KING On this date, before me, the undersigned notary public, personally appeared and after being duly sworn, did under oath swear and aver that they were the owners of record of the property described in the foregoing document, and that this instrument is their free and voluntary act and deed, for the uses and purposes therein contained and before me did execute this instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 1984. Corporate Acknowledgement STATE OF WASHINGTON ) ) ss. 'COUNTY OF KING NOTARY PUBLIC in and for the State of Washington, residing at By (name of corporation) President On this date, before me, the undersigned notary public, personally appeared , and on his /her oath did swear and aver that the property described in the foregoing document is in the ownership of the , a corporation; that is the duly authorized representative of said corporation and is duly authorized and empowered to execute the foregoing agreement and that such execution is the free and voluntary act and deed of the signator on behalf of said corporation for the uses and purposes therein contained and before me did execute this agreement. NOTARY PUBLIC in and for the State of Washington, residing at ; August 29, 1983 Mr. Dave Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 RE: Cooperative Parking Facility Dear Mr. Mortenson: On August 25, 1983 at the regular Planning Commission meeting, the Planning • Commission approved the Diaz School of Gymnastics application 83- 13 -SPE. creating a cooperative parking facility in accordance, with TMC 18.56.070 at the M3 site, subject to the following conditions: • 1. Total on -site arrangement of parking spaces shall be as described on the site plan (SEE, appendix). 2. Diaz School of Gymnastics be limited to an occupancy load of.164 persons and 41 parking spaces between 2:00 to 5:00 p.m.,.Monday through Friday. 3. Special promotional events within the M3 complex which delete from service available parking shall not be allowed during periods of simul- taneous operation of all other business in the complex. Special • ' promotional events may be scheduled only when adequate parking is available. It is understood that the cooperative parking facility is approved under this application upon finding by the Planning Commission that such action is'taken in the.public interest. The Commission reserves the right to • review this cooperative parking facility agreement annually and may .. require cancellation thereof or modification of its terms 'upon finding of adverse impacts to public safety or health. 4. 0 s City( f Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor V 5. The terms of the cooperative parking facility .agreement approval shall'be set forth in a formal instrument which shall be recorded with King County Department of Elections and Records and shall run with the -land, prior to: issuance of the.final certificate occupancy for Diaz School. of: Gyas- tics. If you have questions regarding this matter, please call me at 433 -1845. (Aliti51-r Caroline V..Berry', Planner rlr. Lave nortenson Diaz School of Gymna August 29, 1983 Yours truly, . CVB /blk cc:• Planning Director August 10, 1984 Mr. & Mrs. John Diaz Diaz School of Gymnastics 1027 Andover Park East Tukwila, Washington 98188 Re: Cooperative Parking Agreement Dear Mr. Diaz: On an annual basis we are routinely reviewing existing cooperative parking agreements for preparation of a status report to the Planning Commission. Your agreement is one year old and therefore is scheduled before the Commission on September 27, 1984. Our records contain the agreement and your signatures in addition to the City Attorneys advised signature of the property owner(s) is also required. I believe this was communicated to you earlier, but to date we have not received the signatures. For your convenience enclosed is a form for those signatures, which will accompany yours and the agreement. We want to enter a positive recommendation to the Planning Commission, however, . the incomplete signatures raises the possibility of the Commission reconsidering the entire matter all over again. Our goal is to preclude this potentiality and keep the agreement operating as it is minimizing additional effect on your part. Please have the property owner complete the enclosed as soon as possible and return to me. If you have any questions call me at 433 -1847. Respectfully, L. Rick Beeler Associate Planner cc: City Administrator Planning Director Scott Snyder City Attorney LRB:mlk Planning Commission City of Tukwila. Tukwila, Washington 98188 August 4, 1983 Dear Commissioners: The Diaz School of Gymnastics is requesting that a cooperative parking agreement be approved by your commission for the use of parking spaces at the M3 Building where we are a tenant. This request is being made since the city staff feels that our use should be classi- fied as A2 -1 or A -3. Apparently, some confusion existed concerning our use of the space which has been clarified recently when we were granted a building permit for improvements. In a spirit of cooperation with the city and the desire on our part to help correct any errors made by the city concerning our use, we ask that you review the following material and approve the cooper- ative parking agreement. 9 j WA- Mortenson Diaz School of Gymnastics 1027 Andover Park East Tukwila, WA 98188 BACKGROUND MATERIAL Description of Use: The Diaz School of Gymnastics is primarily a training facility for the Pacific Cascade Gymnastics team. The team currently uses about 60% of the available training time at the gym and as it grows in numbers will eventually occupy all the available training hours. Train- ing hours for the team are from 2 :00 p.m. to 8:00 p.m. Olympic style events are performed by the team. This requires a large space to handle the equipment. A 40 x 40 foot spring floor is required. Five uneven parallel bars and numerous balance beams are required for training. A 60 foot vaulting run and a similar elevated vaulting run with a foam pit are part of the equipment requirements. Non -team classes make up the remaining training hours that are taught at the gym. These classes are for pre - school ages to high school students.. They generally occur from 4:00 p.m. to 9:00 p.m. on Tuesdays, Wednesdays, and Thursdays. Dance is taught at the gym with emphasis on ballet. This dance training takes place to advance the gymnasts in their floor exercise routine which is performed to music. In addition to the training which takes place all year long, - competitive meets are held from time to time on Saturdays and on rare occasions on Friday evenings. Depending on the team level, these meets occur in the Fall and Winter months. No admission fee is charged for admittance as these events are primarily attended by parents and relatives of the competitors. Normally, the number of participants is around 10 -30 girls with about 30 -40 supporters in the audience. History of Use: In November 1982 the Diaz School of Gymnastics was forced to leave the location it had in Kent.due to remodeling of that facility. Finding a new location proved to be a difficult task. Because of the space requirements of the team, a large warehouse facility with high ceilings was required. Several sites were located in Kent, but because of the city's desire to keep the business in their downtown area these sites were disapproved by the city. Since no adequate space was available down- town and many spaces available in the industrial portion of the' city, a controversy developed and much media coverage generated a high amount of publicity. C C The present location at 1027 Andover Park East was vacant and determined to be suitible. (See Attachment 1, Vicinity Map) A check was made with the city to determine if a gymnastics school would be appropriate for the zoning. City staff said that they had followed the controversy in Kent and indicated that a conditional use permit may be required. After exploring the nature of the business in which the team and meets were discussed, it was determined that a C.U.P. was not required. A business license was issued in December. (See Attachment 2, Business License) In the early part of this year, the business got settled in its new home. A number of meets were conducted at the facility, which is becoming recognized as one of the best team gyms in the state. A team demonstration was performed by the school for the City Council and the operation was explained. Meetings were held with the Parks and Recreation Director and staff who visited the facility and they were given an explanation of our operations. A demonstration was per- formed for the senior citizens at the Tukwila Senior Center. Fire Department inspectors made their annual inspection and gave some helpful advice. In short, our first six months in the location have been successful and we felt we are taking active steps to insure the city was aware of the team. Recently we applied for and were issued a building permit to improve our facility. (See Attachment 3, Building Permit) This improvement is designed to make our facility more efficient for our existing uses and not to expand use. The project was explained to the Building Department along with the intended uses. Construction was begun and city inspection initiated. The Fire Department in- spector visited the site and a problem was identified with the build- ing permit concerning the purpose of the improvement. An A -3 use was recommended by the inspector and appropriate safety requirements identified. (See Attachment 4, Inspection Sheet) On Friday, July 29, 1983, the building inspector visited the site to review the construction. At that time we were informed that inspection could not take place due to the question of whether we were a proper use for the zone. After receiving this information, we contacted the planning department to investigate what problems existed. The Planning Staff informed us that our use was in question due to the parking require- ments. In spite of our active efforts to promote the team to the city, confussion existed on the city's part as to our actual use. Their impression was that only classes were taught at the gym and that meets were not held. Since the team is the hallmark of our school and meets an integral part of the team, we were quite sur- prised at the confusion.especially since much of our discussions with city personnel has been about the team and its meets. A number of meetings took place with the City Planning and Building Department staffs and they recommended that a cooperative parking agreement would solve the, problems caused by their classifi- cation of our use to a A2 -1 or A3 from a B2 . Since our competitive season starts the second Saturday in September, we have rapidly followed their advice and we now apply for a cooperative parking agreement to help correct the errors made in the past and to insure that we are in compliance with current interpretation about our use. Parking Situation: There are 265 parking spaces available for all tenants at the M3 Buildings. Those spaces are generally not assigned. (See Attachment 5 Site Plan) A total of 131 spaces are located between Building A and the other two buildings and they are within 240 feet of our facility. All spaces are within 400 feet walking distance. All tenants of'the facility were surveyed to determine their type of business and hours and days of usage. (See Attachment 6, Surveys) Generally the facility is used primarily during weekdays until about 5:00 p.m. and not on weekends. Hours of operation by the gym are generally after other tenants have closed for the day. Hardly any use occurs on weekends when the meets are conducted. Parking Space Required for Meets: The city has calculated that an occupancy of 600 could be allowed in our facility based on their square foot formulas. Our use of the facility would be significantly lower than this. A maximum of about 50 gymnasts could be competing on the floor area. (See Attachment 7, Building Layout) About 60 people could be seated on the upper runway and a similar number in the mezzanine. Seating elsewhere would not be practic.i since the equipment would have to be moved. Using the city calculated number of 600, a total of 150 parking spaces would be required. Our estimate of approximately 180 people would require about 45 spaces. In either case, there are enough spaces available at the M3 facility on Saturdays and on Friday even- ings. Cooperative Parking Agreement: The Diaz School of Gymnastics will agree to confine its meet activities to weekends and week - nights a /ter 6:00 p.m. The building owner has agreed to recognize that there is a greater than normal need for parking by the gymnastics use during these times. (See Attachment 8) The other tenants have indicated that their businesses or their operation will not be adversely affected by parking require- ments of the gym at the above times, An agreement can be made for parking for team meets. Other Attachments: Attachment 9, Legal Description of Property Attachment 10, List of Property Owners Within 300 Feet General Location !/ o - Diaz School of Gymnasts . 1027 Andover Park East M3 Building 1 W u.. o A Tukwila, < 3Yri . 98188 • LMD M •I 4°4C1 U ;-4200 n r ' 2 c .Jai.. 74!t.1 FE:,'CFj,tWl SItY,I£ If2:1/ 17L57:E41'74. C , 4.' -72 J 9r'iF' PA,:'l1 PE :4.42 i1AL r,2 r,1'i 74.1 L1 4 E'CENT LL 1 ' TN E [> 7014 WA. 4:44.1"1111.11. I R$ I 4 �• 1 ' :Cyf t •7,E 111 N Lr.•i JiV 1 3 �♦ ` � ` ; j , ' ` 4 • ,. '\ Ma a\ • • rrte�•••• a • .,. A41 I o 7.1 ° , -. I Y • ., - t 1 w1. ic N 1 . l 4.I. 1 `:1 , 1 „ 114, 2 P -1.911 R•1.72 11.1 -72 I �'t� L_� 1 � 1 11 114120 1 u 7 7n ' �'• \ 1 t '1 . 02 ( .j \r Rd 4.4 C_2 1 „ o • I P 120 111.1.120 C•P C4 C -M �' • n • r RA PA\ • t Rt ' ^ '\ M4 • I r ■ f i . 2 1 GIA C Ii I C -M • M -2 Attachment 1 - Vicinity Map 01.1 1 , 1 y' 1 CM • C2 'I ` c X C AI fV OF 4NJa voLI^1 Emma • C -z f•: • N .1 a • . .. . A741 20 1:732 C /• �_ _ - . J _ • _ - _• - i -1 I M IM1 (Rd M'1 M3 Building • .• 11 • ; • $50 12/29/82. 575 -8529 Gymnastics school DIAZ GYMNASTICS 1027 Andover Park East Tukwila, WA 98188 Attachmnet 2 - Business License // - 83 -026 • o. 4* •Orj c GAL SCR. LOT NO. BLOCK TRACT XI SEE ATTACHED SHEET iWNER .RC Properties P ali) 490 9000 FJE Ave., HyvwYork, New York Z 10017 ONTRACTOR ' :.A. Wicklund Construction PHONE °DRESS 10914 SE 293rd, Auburn, WA ZIP 93002 ICENSE NO. IICKLC -326 RB SST NO. C171 -005 -363 TYPE CONST. OCC. GROUP OCC. LOAD FIRE ZONE USE ZONE AUTO SPRINKLERS REO. 511 B2 19 -- C-M YES 0 N Driveway 2. OK to 3. (twit 4. OK to 5. Wall• 6. Structure .•nroach and pour footing sheathing encl osr: board complete and/ rpe and /or and nailing - framing nailing or OK to foundation OK OK occupy - •8J =1aS BUILDING PERMIT TE OF ISSUANCE Sine 29, 1983 )B ADDRESS 1027 Andover Park East, Tukwila, WA 98188 1.)ILDING E ;m Pst cs (John Diaz) LASS OF WORK 'L DG. RREA CER HAT 1ET, )WNE OMMENTS: 6200 SOUTHCENTER BOULEVARD TUKWILA, WASHINGTON 98188 EXPIRES THESE INSPECTIONS ARE REQUIRED BY LAW FOR INSPECTION CALL 433 -1849 BUILDING OFFICIAL, CITY OF TUKWILA Attachment 3 - Building Permit • CITY OF TUKWILA NUMBER 0 December 29, 1983 NEW ❑ADDITION ❑REMODEL ❑ REPAIR BOTHER (Specify) Tenant Improvement 1st FL. 1260 2nd FL. 1960 R / AGENT SIGNATURE BASEMENT GARAGE • DECK TIFY THAT THE ABOVE INFORMATION IS TRUE AND CORRECT, THE APPLICABLE CITY OF TUKWILA REQUIREMENTS WILL BE AND THAT I AM AN AUTHORIZED AGENT FOR THE PROJECT. MEZZANINE FEE DISTRIB. # OF. STORES TOTAL S.F. BUILDING PLAN RVW. DEMOLITION BOND OTHER TOTAL • THIS PFRMIT MI 1ST RF Pf1RTFf1 ('(1NSPi('I int ISI Y (1N RI III f1IN(, VALUATION 22,003 153.00 99.00 252.00 711 Item v C3) rlttactlm(nI1 44 - llispt .,.�; sheet Fire & Electrical City of Tukwila( 1 Fire Department Fire Chief Hubert H. Crawley + + + + + + + + + + + + + + + + + + + + + + ++ CORRECTION NOTICE • + + + + + + + + + + + + + + + + + + + + + + + ++ FIRM: "- DIA-2- C.. y i n vt ,.c s'-717c S TYPE OF INSPECTION A ADDRESS: 462 4 r IL/ OCCUPANCY CLASS - CONTRACTOR: DATE: Page of f TIME: / 2- O of �.cj s c)�� L�� . u r �c cfi i I14. V e- Discre ancy and Action Resuired / i It — P1{ (' (t ±?c,t 1 ( S 19It s inUt2_r 41/ -exl deo g-1 , f.,�clb 1/Le - , ' 7 ? 4 �� 1 � , iv je / e. c (4_ ( r?c cct ( (Le Sts I l S TFD Form FP 11 w1 u..S - b-12 e el /1C l'74 h /ci S. it meet- (7 .$3 4n.te S • 1712' CAA !� e we Correction of the above items is regtairea by: • 11y€ -1k 5 • ..S %c c r 4-7 ,'L? /4 4 /•(= nn t t T. F.�b • Y�(��a (- '�c� r F lute o g5se0.1 1- �C -- ` !l.t( i`P� ) /te /ac's -fE,q ,� Any overlooked hazardous condition and /or violation of the Fire Prevent- ion Codes of the City of Tukwila does not imply approval of such condit- ion or violation. Inspecting Officer - :7)77<< <; l� S ( d � -f 1, Ti tle : -� �1..r...-.e. City of Tukwila F ire Department, 444 Andover Park East, Tukwila, Washington 98188 (206) 575.4404 ROUGH -IN WIRING REPORT FOR OWNER OR CONTRACTOR -r. (Owner or Contractor) 1. g-2 ,f1 r./. vim•! = -�•.. / (address) e!l 7; -t .1--.1.x. r_• Label No464. 3.7 (city or town) (cou nt}/) APPROVED FOR COVER. unfin. basement ❑ ❑ APPROVED FOR SERVICE Except unfin. upstairs ❑ ❑ HEAT CABLE APPROVED unfin. family room ❑ FOR COVER NOTES.. .��, ..Z`: (.4:.e..��«, .e-... ..,. a ..d.,_. a /1-- Inspector ELECTRICAL INSPECTION SECTION DEPARTMENT OF LABOR AND INDUSTRIES LI 500-5 Rough-in Approval 7 -76 Do Not Destroy or Conceal 3 1 • -- f.hA 40;444 .0 . .7 frti pinkAir ■opu • 419 0 41014 Mot • (. " I • 1 .! . 1::3..: tj EaLl' •" i ... F. P. S I- : . 14.2 S . :: ''''"' iira •:' 4, - . ;1•1i - 4. ... 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X ' ;'s o is VA ) •;' v Ct . ;.s 000 ;•soOS} MOT) � ?bt (szatl — te a. s I • ; - s ;'s 0016 - •s03 ' 001'71 (LtO1) km) LZOt1 BLtii , iii; 9:ZR'4+7D 'i ti 19tD :i - , tir ......... _ � 'r __- • • . <;,,; rte. .:-,: q/ Or sQo9trt) • •I I ST YLVACEI; • 2,6A sad aac; earls sad s-iT;sc Timmy am- vo:;i2 -!C •t at-s 't ssa__ 'Z a� l 7711291349 �'.%: - :.� • EXIIIBIT A 'THAT PORTIOII OF THE'SOUTI(EAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANCE 4 EAST, U.K., IN K1HC •COUITY, WASHINGTON, DESCRIBED AS FOLLOWS; BE.ClNUIHG AT THE HORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 88'12'32" EAST 30.00 FEET TO 1HE PONT OF ORIGIN OF THE CENTERLINE OF 171E P -'l7 DRAIUACE CHANNEL, WHICH CHANNEL'CONTIUUES SOUTH 88'12'32" EAST TO TERMINUS AT THE WESTERLY' PVakCIN OF CHRISTENSEN ROAD; THENCE CO ;iTINUING SOUTH 68' 12'32" EAST ALONG SAID P -17 DRAINAGE CHANNEL CEUTEPLIXE 360.00 .FEET; THENCE SOUTH 01'47'28" WEST 21.0G FEET 1 THE SOUTHERLY MARGIN OF HINKLER BOULEVARD AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88'12'32" EAST ALONG SAID SOUTHERLY MARGIN 466.:0 FEET TO THE WESTERLY KAKCIU OF ANDOVER PARK LAST AS RECORDED UNDER AUDITOR'S FILE HO. 035'330, VC)t.171 .095, PAGES 65 AND 6o, OF KIUUC COUNTY, WASHIVLTU: :. • THENCE SOUTH Oi'47' 18" WEST ALONG SAID WESTERLY HARC1:1 ' :4.0.99 FEET, THE :ICE ALONG A CURVE TO THE RIGHT HAVING ; RADIUS OF 322.62 FEET; THE CENTER OF WHICH BEARS NORTH hB' 1 2' 32" WEST, THROUGH A CUMTK .1. ANGLE OF J l "U2 ' 1 S , Al : Ahi 'DISTANCE OF 113.47 FEET TO A POINT OF REVERSE CURVATURE. THENCE ALONG A CL'I :VE TO THE LEFT 'ILs.1'I :1C; A KADI US OF 3d' u: ,FEET, 111E CENTER OF tI 1 CH BEAKS SOUTH 87'10'09" EAST , TIIRUUCIt A C'EH'1'ICAI.'AUGI.E OF 01'41'06" . \:I ART: UIS'IMlct or 11.47 FEET, TIIL :IRE .1ORT1i 68' : _�' 31" 1!EST 474.5. FL►:i , ':111 ::C.L ALONG A G(II;VE O THE LIST HAVIhC A R,CD1l:5 OF iwi. It, Y1 L THE' C'L:ITEH OF MI 1 CN REARS HOHTIS 70'31 ' : )" 1r1:ST , THR01A4$ A CE:I't'R.1L ANGLE OF 1 )° 15' 15" AN ARC U1 STANCE OF 'U 9' . i.L''i . T4E.ICE :1ORTii 0l :J" LAST .)15.53 FEET TO '1'Irl: TRU! •1'):I ;j1s1T A 56131AltIvED p5s, 0 ofe >3 &I/3(z c..0yioWL SStcl.0 agNitv4 • 8211231016 PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT, executed this date in favor of THE - CITY OF TUKWILA, a municipal corporation (herein called "City "), by the undersigned owners of the within described property (herein "Owners ").•.and Hayden Island, Inc., • an Oregon corporation (herein called: "Hayden Island "): . W I T N E S S T H WHEREAS, Owners are persons owning a fee simple and /or • having a substantial beneficial interest in certain real property (herein called the "Property ") which is more par- ticularly described in Exhibit 1 attached hereto and in- corporated herein by reference; and WHEREAS, Hayden Island has a leasehold interest in the Property; and WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of the City of Tukwila, Hayden Island has petitioned the Tukwila Planning Commission for approval of a cooperative parking facility located at the Property; and WHEREAS, EREAS, the Tukwila Planning Commission, with af- firmation of the Tukwila City Council, is willing to grant the petition for a cooperative parking facility subject to the execution 'and recording of. an agreement with the City PROPERTY USE AND . DE1 x.1.O ?MENT AGRE _ENT - 1 PROPERTY USE AND DEVELOPMENT AGREEMENT 7 2 pertaining to certain uses and developments of the Property in the interest of public safety and health; NOW THEREFORE, Owners and Eayden Island hereby covenant, bargain and agree on behalf of themselves, their heirs, successors and assigns, that the Property will be developed and used subject to the following terms and conditions: 1. The proposed tenants . are as described by name or type of business in Exhibit 2 attached hereto and incorporated herein by reference. 2. Total arrangement of parking spaces on the Property shall be as described in Exhibit A of the first revision of the application (a copy of which is attached as Exhibit 3 and incorporated herein by reference). 3. If any change is made to the above described tenants or complementary tenant mix and such change affects the parking analysis submitted by Hayden Island on August 10, 1982 (a copy of which is attached as Exhibit 4 and incorporated herein by reference) so as to create a need for additional park- ing, the Tukwila Planning Department staff may request the Tukwila Planning Commission to review the cooperative parking facility, and the Tukwila Planning Commission may require cancellation thereof or modification of its terms upon finding of adverse impact to public safety or health. • 4. It being understood that the cooperative parking facility is approved upon the finding by the Tukwila Planning Commission that such action is taken at the time of approval in the public interest, the Tukwila Planning Commission may.. review the cooperative parking facility annually and may reouire cancellation thereof or modification of its terms upon finding of adverse impact to public safety or' health. 5. This Agreement shall be recorded in the records of King County and the covenants thereof shall be deemed to attach to and run with the Property and shall be binding upon the Owners, Hayden'Island, their heirs, sucessors and assigns, and shall apply to after acquired title of the Owners of the Property. 6. This Agreement may be amended or modified by agree- ment between the Owners, Hayden Island and the City; pro- vided such amended agreement shall be approved by the Tukwila Planning Commission after written notice is made to property owners within 300 feet of the Property. 7. Nothing in this Agreement shall prevent the Tukwila City Council from making such further amendments to the Zoning Code as it may deem necessary in the public. interest. Nothing in this Agreement shall prevent the application to the Property of future amendments to the Zoning Code, if otherwise applicable. 8. This Agreement is made for the benefit of the City. The City may institute and prosecute'any proceedings at law or in equity to enforce this Agreement. The City shall be entitled to recover from Hayden Island reasonable attorney fees and costs for any action commenced pursuant to this Agreement. 9. In the event any covenant, condition or restriction PROPERTY.USE AND DEVELOPMENT AGREEMENT - hereinabove contained, or any portion thereof, is invalid or .void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction herein above con- tained. DATED: Alowe'nher S y3 , 1982. oREGo^4 STATE OF ^ v' 1 V1 Ma47h1DMAfi COUNTY OF r=te ) ) S S. PROPERTY USE AND D V%ELOPNiENT. AGREFMENT - 4 By HAYDEN ISLAND, INC. its 'oCeinvF vies —pg -'D r OWNERS P iko ' Shimatsu, Trustee Nancy K. 1✓l" ka.Mi On this date, before me, the undersigned, personally appeared rld S . Larr►ner , to me known . to be the ' EAecceTive v,Gc. Pres dce7r of HAYDEN . ISLAND, INC., the corporation that executed the within and • foregoing PROPERTY USE AND DEVELOPMENTAGREEMF'NT and acknow- ledged said instrument to be the free and voluntary act and JAN 2 0 1983 PARKWAY PLAZA RECD F OF Tl1i<WILra►ZUP RTY USE AND DEVELOPMENT AGREEMEi'I'. L _ANNING DEPT. W I T N E S S T H: THIS INSTRUMENT, executed this day of ;1982, in favor of THE CITY OF.TUKWILA, a municipal corporation (herein, called "City "), by the JACK A. BENAROYA COMPANY, a Washington corporation (herein called "Benaroya "). ;WHEREAS, Benaroya is the owner of certain real property ' (herein call the "Property ") located in the City of Tukwila, County of King, State of Washington, which is more particularly described in Exhibit 1 attached hereto and incorporated herein by reference; and WHEREAS, pursuant to Chapter 18.56 of the Zoning Code of City of Tukwila, Benaroya has petitioned the Tukwila Planning Commission for approval of a cooperative parking facility located at the Property;' and WHEREAS, the Tukwila Planning Commission is willing to grant the petition for a cooperative parking facility subject to the execution and recording of'an agreement with the City pertaining to certain uses and developments of the Property in the interest of public safety and health; FILED LED f o 1 i ✓ V "PARKWAY PLAZA " PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 1 r C=' 9 6 6 8 A/ 5 0 2 A/ DDW :.4�. , ', • o.-) r ` i - .. ../_ 'f n NOW, THEREFORE, Benaroya hereby covenants, bargains and agrees on behalf of itself, its successors and assigns, that the Property will be developed and subject to the following terms and conditions: 1. The proposed tenants are as described by name or type of business in Exhibit 2 (November 3, 1982 letter of c7,1 • application from Benaroya) attached hereto and incorporated CD herein by reference. . 2. Total arrangement of parking spaces on the Property • RD shall be as described in Exhibit 3 attached hereto and incorporated herein by reference). 3. If any change is made to the above described tenants' or complementary tenant mix and such change affects the parking analysis submitted by Benaroya in Exhibit 2 and in Exhibit 4 (November 9, 1982 analysis by C.V. Brown), attached hereto and incorporated herein by reference, so as to create a need for additional parking, the Tukwila Planning Department staff may request the Tukwila Planning Commission to review the cooperative parking facility, and the Tukwila Planning Commission may require cancellation thereof or modification of its terms upon'finding of adverse impact to public safety or health. 4. It being understood that the cooperative parking facility is approved upon the finding by the Tukwila Planning "PARKWAY PLAZA • " PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 2 9668A /502A /DDW Commission that such action is taken at the time of approval in the public interest, the Tukwila Planning Commission may review the cooperative parking facility annually and may require cancellation thereof or modification of its terms upon finding of adverse impact to public safety or health. 5. Any outdoor promotional event within the Property during periods of simultaneous operation of the theater, retail space and food service facilities, which makes unusable any parking spaces, may be allowed only with prior approval of the Planning Department. 6. No more than three hundred (300) spaces below the total number of parking stalls required by the Tukwila Zoning.. Code for the Property shall be permitted under the cooperative parking facility agreement. 7. This Agreement shall be recorded in the records of the King County Department of Records and Elections and filed in the records of the City Clerk, and the covenants thereof shall be deemed to attach to and run with the Property and shall be binding upon Benaroya, its successors and assigns, and shall apply to after acquired title to Benaroya to the Property. 8. This Agreement may be amended or modified by agreement between Benaroya and the City; provided such amended agreement shall be approved by the Tukwila Planning Commission after written notice is made to property owners within three hundred (300) feet of the Property. "PARKWAY PLAZA " PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 3 9668A/502A/DDW DATED: STATE OF WASHINGTON COUNTY OF K I N G ) ss. By 9. Nothing in this Agreement shall prevent the Tukwila City Council from making such further amendments to the Zoning Code as it may deem necessary in the public interest. Nothing in this Agreement shall prevent the application to the Property of future amendments to the Zoning Code, if otherwise applicable. U 10. This Agreement is made for the benefit of the City. The City may institute and prosecute any proceedings at law or CD O in equity to enforce this Agreement, including injunctive VD OD relief. The City shall be entitled to recover from Benaroya reasonable attorney fees and costs for any action commenced pursuant to this Agreement. 11. In the event any covenant, condition or restriction hereinabove contained, or any portion thereof, is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction hereinabove contained. JACK A. BENAR'° : " . r PANY A.= enar•ya, President On this date, before me,, the undersigned, personally appeared before me JACK A. BENAROYA, to me known to be the "PARKWAY PLAZA . 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Ns tipsy 1.t.e+At. OEVZCI(1.10O: - 15717p ! t1 e., 0 A l'A - 4A foltt.. or: -...if . absozriteil IPIEIVEL,,,,I. :cm - -•-- - -----2Z211 A 4.0)C K. ..• .r A.; •1 J4...,..., /110/.1.44 A •- 4tro . ■••.■ arKi .u.c-ri OP 114.; artrf.• ii.;•1" akiAcT e a • I a trefighl i i Llarflu io.. TY•k V.N t r . . ";1.."4"1 .2 j 1 1 . 1. ....:'." . A" II*, 1 5.4IC /5 N,C" 2.ii•ll.k- FAST. II 44e44PA ,b4c,: Yr Kft, • , E ...• o'ks 1...A...1...- .... ....6., .0,4*. ..... /..,5,. w s'.. .: 11. ‘. •rri...; . • U11.10147 ; X 7 ' ( .O >f •:1••• ••• ''.• ::1410 w 1 if •01, il , 14.0.0,4:10,.. .. •.. • .1 • ' • . r T ° .- *- • _ .. ul ;"" g " ,. .., .. ---,,,, ck.••1 ••••••••... 7. 1 1.... . ••1 : .....: • a. • • • • _ • _ Systems Northwest Inc. 1005 Andover Park East Tukwila, WA 98188 LIST OF TENANTS Name Address Hours. Boardwalk Restaurant 1001 Andover Park East Gam -9pm Tukwila, WA '98188 7:30am - 5:00pm Bear Automotive Service 1009 Andover Park East 8am -5pm Equipment Company Tukwila, WA 98188 Printing Control 1011 Andover Park East 8am -6pm Tukwila, WA 98188 Wa. Amerpet 1017 Andover Park East 9am -4pm Tukwila, WA 98188 Days M -F M -F(i) M -F M -F M -F Frye Copysystems, Inc. 1025 Andover Park East 7am- 4 :30pm M -F Tukwila, WA 98188 ,Diaz School of Gymnastics 1027 Andover Park East 2 -9pm M -F Tukwila, WA 98188 H.M.S. Sales, Inc. 1031 Andover Park East 8am -5pm M -F Tukwila, WA 98188 Marus Inc. 1033 Andover Park East 8am -6pm M -F Tukwila, WA 98188 CCTF Inc. 1041 Andover Park East 8am- 5:30pm M -F Tukwila, WA 98188 R.•W. Nicholls 1051 Andover Park East 7:30 -5:00. M -F Tukwila, WA 98188 Kieruiff 1053 Andover Park East 7am -6pm M -F Tukwila, WA 98188 Carlyle Technical Sales, 1059 Andover Park East 8am- 4:30pm M -F Inc. Tukwila, WA 98188 PEMCO Claims 1061 Andover Park East 8a6- 6:30pm M- Thursday Tukwila, WA 98188 Sq. Ft F.A. LESOURD DONALD D. FLEMING GEORGE M. HARTUNG MEADE EMORY LEON C. MISTEREK THOMAS O. MCLAUGHLIN • JOHN F. COLGROVE C. DEAN LITTLE LAWRENCE E. HARD RODNEY J. WALDBAUM BRUCE G. HANSON RICHARD P. MATTHEWS D: WILLIAM TOONE DANIEL O. WOO JOHN R. BEARD' DAVID A. LAWER ROGER CREMO Ms. Carolyn Berry Assistant Planner City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Ms. Lorraine Cronk Building Official City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Dear Carolyn and Lorraine: LESOURD & PATTEN ATTORNEYS AT LAW 3900 SEATTLE•FIRST NATIONAL BANK BUILDING SEATTLE. WASHINGTON 98154 TELEPHONE: 1206) 624.1040 TELECOPIER: (206) 624.3087 TELEX / T W X: 910 4444180 CABLE ADDRESS: LESOURD LAW ANCHORAGE OFFICE FIRST NATIONAL BUILDING 425 G STREET. SUITE 630 ANCHORAGE. ALASKA 99501 TELEPHONE: 1907) 277.4531 PLEASE REPLY TO SEATTLE OFFICE August 2, 1983 r . 7.r CITY Cr' rr tt ) K At your request, here is my interpretation of certain provisions in TMC Chapter 18.56. Any person who applies for a cooperative parking agreement pursuant to TMC 18.56.070 . also has to comply with either TMC 18.56.040(1)(A) or TMC 18.56.040(1)(B), whichever applies. The term "premises" in TMC 18.56.040 describes a contiguous property interest, either by ownership or by lease. The purpose of including the recorded instrument requirements in TMC 18.56.040(1)(B) is to assure the City that the off -site premises parking will be available for the duration of the agreement and the use of the property. Very truly yours, DDW:jr Daniel D. Woo 3 1983 CITY OF TUKWILA PLANd'J N' r'�•1:r, CARL J. CARLSON P. WARREN MAROUARDSON MARIANNE SCHWARTZ O'BARA ROBERT M. KANE, JR. JEFFREY C. WISHKO SUSAN M. GRAY JUDD R. MARTEN WOOLVIN PATTEN ROBERT L. PALMER LAWRENCE A. ZELENAK OF COUNSEL • ADMITTED IN ALASKA • • ADMITTED IN ALASKA AND WASHINGTON ALL OTHERS ADMITTED IN WASHINGTON With respect to application procedures for TMC 18.56.070, the Planning Department has inherent authority to establish application procedures so long as such procedures are consis- tent with the TMC. { ( N:41 A J�r City of Tukwila 2usiness 6200 Southcenter Boulevard license Tukwila Washington 98188 433.1800 - �ppli ca�ian 190s. LICENSE DUE JANUARY' 1 OR U N OPENING DATE OF BUSINESS APPLICATION FOR: NEW BUSINESS LICENSE BUSINESS -L- ICENSE -R1 fE'WAL 1. NAME OF BUSINESS ,1)/e 67,,me074 6 ,3 2. LOCAL BUSINESS ADDRESS / z 4h "ot' /ex e � C PHONE S7SJ'J 3. COMPANY HEADQUARTERS 5004! E' 4. LOCAL MANAGER c-)6 ,n Di c• s� / :<< c'� rce cf gZSLo5L.3 7 Name Residence Address Phone 5. CHECK WHETHER: INDIVIDUAL t/ PARTNERSHIP CORPORATION If INDIVIDUAL, list owner; if PARTNERSHIP, list partners; if CORPORATION, list officers. In all cases, give title, residence address, and phone number of each. 6. EXPLAIN TYPE OF BUSINESS OR SERVICE RENDERED (Retail, Wholesale, Office, Other) / 7. SIZE OF PROPERTY: 000 sq. fps SIZE OF ALL FLOOR SPACE YOU USE 1'O sq. ft. 8a. TOTAL NO. OF FULL TIME EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT,Ainr NUMBER IN EACH TYPE OF EMPLOYMENT: Retail Sales Manufacturing Wholesale Sales Warehousing Office Other 8b. DO YOU HAVE PART TIME EMPLOYEES? Yes [✓f No [ ] HOW MANY? Retail Wholesale Manufacturing Warehousing . Other ✓ 9. ORIGINAL OPENING DATE OF BUSINESS IN TUKWILA � - O L1982 LICENSE NO. 10. DO YOU USE, STORE, OR DISCHARGE FLAMMABLE OR HAZARDOUS MATERIALS? /(EO If so, please state materials & quantities 11. WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? Washington State Gambling License Number Expiration Date -- 12. EMERGENCY PHONE NUMBER & CONTACT PERSON 3641 °'' /Inn. D'c' 13. LICENSE FEE, BASED ON NO. OF FULL TIME EMPLOYEES INDICATED ON LINE 8A (check correct box) [-To-5, $50.00 [ ] 6 -100, $100.00 • [ ] 101 & above, $200.00 ** ** ** ** ** ** ** ** ** ** ** ** CHECK NO. /800 CASH DO NOT WRITE IN THIS SPACE AMOUNT SO -0 v DATE c1 —Y1 —(Pw . APPROVED BY: Mayor Building OP Planning Police Fire DATE ISSUED J A. ,4 °I - -- BUSINESS LICENSE NO. C) 6 WASHINGTON STATE REGISTRATION NO. I hereby certify that the statements furnished by me on this application are true and correct to the best of my knowledge and belief. SIGNED ) L . J� /� ) . TITLE OL4 J)L 4 DATE / L -- LS YZ C 1-15- 5 1 7 5 O2i Mbo PK 6. titiNZ xHodL of Cry l4rC CoOMuteT11/E eherlitu AeReg Karr cabot cabot and forbes peter a lendrum associates legal description drawing index site plan cc&f industrial complex andover east industrial park