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HomeMy WebLinkAboutPermit DR-02-82 - XEROX - TEMPORARY PARKING DESIGN REVIEWDR-02-82 6400 SOUTHCENTER BOULEVARD XEROX PARKING AREA 1 6200 Southcenter Boulevard PARKING AREA LANDSCAPE PLAN Tukwila Washington 98188 7905 P & L Company 10800.N,E, 8th Ave. Bellevue, WA. 98004 Attn: Joseph Lynch xc: John Richards Gary L VanDusen, Mayor SUBJECT: Xerox Parking Area Landscaping . 20 :: December 19.82 Last Thursday, Maurice Ravensberg asked me to inspect the completed land- scape improvements at the Xerox temporary parking area. The quantity of plant material installed and the evident quality of the workmanship sur- passed my expectations. ..please accept my thanks for a :exceptiorial well -done, It appears that you have fulfilled all of the tasks prescribed in my letter to .you dated 1 October 1982, and that you have done so in a timely manner, Again, my thanks to P & L Company and to Ravensberg Landscaping for your patience and professionalism in resolving this matter. TUKWIL /4LANNING DEPT, E Mafk Caughey Associate Planner AGENDA ITEM DR -2 -82: P & L Co. INTRODUCTION: At the Planning Commission meeting of 23 July 1981, the subject property was recommended for rezoning subject to a number of stipulations, some which were incorporated into the property use and development agree- ment adopted:by City Council as an adjunct to rezone Ordinance 1231. CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT In February of this year,'P & L Company requested authorization to develop a portion of their site as a 30 -stall temporary parking area to alleviate the serious overflow parking demand which occurs periodi- cally at the Xerox building immediately adjoining the P & L site's south edge. Staff authorized P & L to begin work on the temporary parking area, and five 1 T I II large trees were removed before an objection was raised by the adjoining residents. P & L Co. then agreed to suspend further sitework and to submit this project to the B.A.R. for concurrence; that is the reason why their application is now before you. DISCUSSION: The following materialis:pres:ented by the project architect in support of' their application for a temporary parking area: 1) Tree inventory listing (Exhibit A) 2) Tree inventory diagram (Exhibit B) 3) Project site plan (Exhibit C) 4) Site cross - section (Exhibit D) The project site plan (Exhibit C) is virtually the same as that labeled Exhibit "K" and referenced as the benchmark site development diagram in Section 4(d) of the property use and development agreement of Ordinance 1231. You will note that the temporary parking area is actually configured to fit precisely into the permanent parking lot layout which will accompany ultimate development of the P & L office project. You may recall also that Page -2- DR-2-82: P & L Co MC /blk the P & L site provides parking stalls well in excess of its own needs; the developer's intention from the inception of the project has been to provide overflow parking capacity for the Xerox Phase I building. The problem of overflow parking demand on Phase I has created a public safety hazard with vehicles parked in on -site fire lanes. Further, several of these vehicles have been cited by City authorities, upsetting the cordial relationship with local government normally enjoyed in Tukwila by our business sector. This situation came to the attention of the City Council's sub - committee on Community Affairs, which requested at its 29 April 1982 meeting that the B.A.R. take appropriate action to resolve the parking capacity problem. The temporary parking area as depicted on Exhibits C and D will consist of 30 spaces,, about half of which are in "compact" dimensions. The stalls and • single- loaded aisle will be covered with a 3" lift of asphalt material, . instead of gravel as first proposed by the applicant. Asphalt paving will create fewer noise and dust impacts on neighboring homesites. Drainage of surface water will be directed toward an existing storm water collection point on the Phase I site. The applicants indicate that they may be delayed about one year in beginning comprehensive development of the Phase II office building site. As mentioned above, 5 existing trees within the bounds of the,temporary parking area have been removed. By overlaying site plan Exhibit C with tree inventory diagram Exhibit B, it becomes apparent that nearly all other trees like them which are internal to the project perimeter will be removed. RECOMMENDATION: Staff recommends approval of application DR -2 -82 subjectto the following provisions: A) This approval authorizes only the construction of a temporary asphalt- surfaced parking area as depicted on Exhibit C. No other construction, vegetation removal or unspecified site development activity subject to city permit review is expressed or implied. B) The tree inventory diagram Exhibit B shall be considered the official reference for indigenous tree removal and retention on this project site. Alterations to the official tree inventory shall be approved by the B.A.R. in the advance of field work. THE MITHUN ASSOCIATES ARCHITECTS 7000 • 112th AVENUE NORTHEAST BELLEVUE, WASHING ON 'a8On4 P AND L COMPANY PARKING APPLICATION FOR BAR REVIEW TREE INVENTORY TREE SURVEY SITE PLAN P AND L COMPANY SECTIONS ALA 190$ q s City tf Tukwila Z 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor P & L Company 10800 N.E. 8th Ave Bellevue, WA 98004 Attn: Joseph Lynch SUBJECT: Temporary'parki.ng area This letter shall serve as your authorization to proceed with construction and landscaping of the temporary parking area on the "Xerox Phase II" site as approved by the Board of Architectural Review at their meeting of 27 May 1982. This authorization is given pursuant to the following conditions: 1) Rigid adherence to the stipulations of approval specified by the B.A.R. at its 27 May 1982 Meeting. 2) Installation of landscaping as indicated on the plan dated 5 -25 -82 prepared by Jongejan, Gerrard & McNeal.as modified by the following: a) Plantings along the North property line shall extend the entire length of all disturbed areas of natural growth. The same general planting scheme as indicated on the plan shall thus be extended approximately twenty feet further to the. West. b) Existing Japanese Plum specimens in the affected area shall be retained c) Pruning of the existing specimen Maples indicated on the plan shall be undertaken as indicated in the letter from Earth En- terprises dated 22 June 1982. We appreciate your cooperation and sincerity as eveidenced throughout the approval process.Please feel welcome to direct any questions to my attention. xc: John Richards Al Pieper TUKWIL LANNING DEPARTMENT Mac Caughey Associate Planner 25 June 1982 r iaLA �qs ti •1908 Joseph Lynch & Co. 10800 N.E. 8th St. Bellevue, WA 98004 MC /blk xc: Planning Director John Richards City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor SUBJECT: Application DR -2 -82 14 June 1982 This letter confirms the decision of the Tukwila Board of Architectural Review to approve the subject application, as given at their meeting of. 27 May 1982. The approval action carries the following stipulations: A) This approval authorizes only the construction of a temporary asphalt- surfaced parking area as depicted on Exhibit C. No other construction, vegetation removal or unspecified site development activity subject to city permit review is expressed or implied. B) The tree inventory diagram Exhibit B shall be considered the official reference for indigenous tree removal and retention on this project site. Alterations to the official tree inventory shall be approved by the B.A.R. in advance of field work. C) The'northerly 20' wide border adjoining the temporary parking area shall be landscaped in consultation with the adjoining homeowners, and that all disturbed vegetated areas adjoining the east, south and west sides of the temporary parking facility, subject to staff approval. We appreciate your participation in the design review process. Tukwila Planning Department Mark Caughey Associate Planner W1� City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor PLANNING COMMISSION Minutes of the meeting of 27 May 1982. The meeting was called to order at 8:07 p.m. by Chairman Richard Kirsop. All Commissioners except Mr. Arvidson and Mr. James were present. Mr. Jerry Knudson, newly- appointed member, was introduced to the Commissioners present. Mark Caughey, Associate Planner, represented the staff. APPROVAL OF MINUTES 11 FEBRUARY 1982 - MOVED BY, MR.SOW'I'NSKI, WITH MRS. AVERY'S SECOND TO APPROVE THE MINUTES AS PUBLISHED - MOTION CARRIED.: 25 FEBRUARY 1982, 25 MARCH 1982 - MOVED BY MR. SOWINSKI, WITH MRS. AVERY'S SECOND TO APPROVE THE MINUTES SUBJECT TO MINOR CORRECTIONS STATED. CITY COUNCIL ACTIONS Mr. Caughey reported that the Council is proceeding on its review of the revised sign code draft, and that the enforcement deadline for non - conforming signs as contained i'n the present code has been amended. BOARD OF ARCHITECTURAL REVIEW. A) Application DR -2 -82: P & L Co. Requesting approval of site and vegetation preservation /removalplan for a temporary parking area adjoining the north edge of the existing Xerox building location on Southcenter Blvd. Mark Caughey presented the staff report. Fred Brown, Project Architect, was present on behlaf of the P & L Co. and narrated a slide and overhead projection display of the location and proposed design solution for the temporary parking area. He restated his client's intention to retaiin existing trees of signifi- cant size within the project boundary. In response to a question from the Chair, Mr. Brown explained that blackberry removal will be limited to the limits of the temporary parking area. The material contained on the tree removal diagram was clarified. 'John Richards, 15320 64th Ave. So., an owner of property contiguous to this site, noted that Mr. Lynch of the P & L Company had visited him to discuss landscaping treatment between his homesite and the proposed parking area. He expressed disappointment at the lowered quality of the temporary parking area as opposed to the higher quality completed project which the Page -2- Planning Commission 27 May 1982 community was led to expect last year. He requested that the Board consider ways to enhance the visual quality of this "temporary" facility in light of the action to remove trees already completed. Discussion followed as to the interpretation of the "temporariness" of the parking area. Joseph Lynch, representing P & L Company, explained the timing of expansion of the Xerox Phase II site; construction of full improvements appears to be about one year away. The discussion then focused on the extent to which replacement landscaping should accompany development of the parking area. It was noted by the applicant that no curbing of the temporary parking area is contemplated. In response to Mrs. Avery's question, Mr. Brown explained the method by which erosion control and run- off /retention will be handled. Mr.. Richards explained his concern about the survival of the remaining trees which are now exposed to wind and weather; additional plantings in the disturbed area would be helpful. MOVED BY MRS. AVERY, WITH MR. SOWINSKI'S SECOND, TO APPROVE APPLICATION DR -2 -82, SUBJECT TO THE FOLLOWING STIPULATIONS: A) THIS APPROVAL AUTHORIZES ONLY THE CONSTRUCTION OF A TEMPORARY ASPHALT - SURFACED PARKING AREA AS DEPICTED ON EXHIBIT C. NO OTHER CONSTRUCTION, VEGETATION REMOVAL OR UNSPECIFIED SITE DEVELOPMENT ACTIVITY SUBJECT TO CITY PERMIT REVIEW IS EXPRESSED OR IMPLIED. B), THE TREE INVENTORY DIAGRAM EXHIBIT B SHALL BE CONSIDERED THE OFFICIAL REFERENCE FOR INDIGENOUS TREE REMOVAL AND RETENTION ON THIS PROJECT SITE. ALTERATIONS TO THE OFFICIAL TREE INVENTORY SHALL BE APPROVED BY THE B.A.R. IN ADVANCE OF FIELD WORK. C). THE NORTHERLY 20' WIDE BORDER ADJOINING THE TEMPORARY PARKING AREA SHALL BE LANDSCAPED IN CONSULTATION WITH THE ADJOINING HOMEOWNERS, AND THAT ALL DISTURBED VEGETATED AREAS ADJOINING THE EAST, SOUTH AND WEST SIDES OF THE TEMPORARY PARKING FACILITY, SUBJECT TO STAFF APPROVAL. Mr. Caughey ascertained that the intent of such landscaping is erosion control and visual enhancement. Use of hypericum ground cover and low shrubs will be acceptable. MOTION CARRIED. The Commission recessed at 9:08 p.m. and reconvened at 9:15 p.m. B)_ Application DR -1 -82: 'Christensen Group; Inc. Requesting approval of site, architecture and landscaping for a 274 room hotel complex with related meeting and food service facilities located at West Valley Highway and So. 158th Street. Mark Caughey read the staff report. Jerry Baysinger, Project Architect, was present on behalf of the applicant. Mr. Baysinger pointed -out the principle use and aesthetic features of the project. DATE "2a ACTION TAKEN 1. COMMITTEE MEMBERS 2. AGENDA ITEMS -- 1. 2. 3. 4. 5. .4 , 3. eaCto me, 912 Forward to Committee of the Whole • �- Draft Ordinance . Table - Action X Re- schedule for Disapprove /No Ac ion Required OTHER -- 1. 2. 3. I a _ c _ • 1°1"eA4. AGENDA FOR NEXT ME IN -- 1. 2. 3. x:30 err s. MEETING ADJOURNED AT 6;00 MEETING MINUTES P.M. ,4, etit46 Mut- ee-ult,a C73l l COMMITTEE P� tomito PLACE C ,egf)MA 3 OTHER A44 ei-U A ylcek. Forward to Committee of the Whole Draft Ordinance Table - Action X Re- schedule for fibs Disapprove /No Act n Required Forward to Committee of the Whole Draft Ordinance )C . - Action D Re- schedule for /No Action Required CavZAlec. 1944%-• COMMITT E CHA IRMAN MASnJ LAND DEVELOPMENT APPLICATION FORM NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. SECTION I. GENERAL DATA 1) APPLICANT'S NAME P & L COMPANY TELEPHONE: (20 6) 455 -2838 ,) •. 'APPLICANT'S ADDRESS 10800 N. E. 8th St. ZIP: 98004 Bellevue, WA. • 3) PROPERTY OWNER'S NAME P & L COMPANY TELEPHONE: (206) 455 -2838 4) PROPERTY OWNER'S ADDRESS Same ZIP: 98004 .5)' IO`OTION OF PROJECT: (geographic or legal descrip.) Immediately contiguous of the XEROX BUILDING, 6400 Southcenter Blvd., Tukwila, Washington 6) NAME OF PROTECT(OPTIONAL) SECTION II: PROJECT INFORMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Temporary surface parking for 33 parking stalls for the exclusive use of the XEROX CORPORATION. 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? DYES © NO 9) PROJECT a. NET ACRES 3.1 ± c. PARKING SPACES 33 b. GROSS ACRES d. FLOORS OF CONSTRUCTION e. LOT AREA COVERAGE BLDG. SQ.FT. LANDSCAPE SQ. FT. PAVING 9,420 SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10 %? D YES ONO 11) EXISTING ZONING C 1 12. EXISTING COMP.PLAN C 1 13) IS "HIS SITE DESIGNATED FOR SPECIAL CONSIDERATION DYES NO ON THE CITY'S ENVIRONMENTAL BASE MAP? 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS. OR OTHER DOO.NENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. a. NAME: b. NAME: ADDRESS: ADDRESS: OVER ` , being duly sworn, declare . contract purc aser or owner o t e property involved in this ap that the foregoing statements and answers herein contained and herewith submitted are in all respects true and correct to the knowledge and belief. Subscribed and sworn before this ea., day of i S AFFIDAVIT DATE , 19a. Notary is , , ndj or the State of Washington residing at C!4 SECTION IV: SUPPORTING MATERIAL REQUIREhMENfS TYPE OF APPLICATION t_ REZONING CONDITIONAL USE fl VARIANCE F COMPREHENSIVE PLAN AMENDMENT El SHORELINE MGMT. PERMIT r1WAIVER E SHORT SUBDIVISION Fl SUBD IVI S ION EIBINDING SITE IMPROVEMENT PLAN ARCHITECTURAL REVIEW LANDSCAPE REVIEW * *SEE TABLE 1 FOR DESCRIP'.' + OPTIONAL AT STAFF' S DIR! : • that .I am plication �r,J the informPi best of my t^s, r ;t'r; • SUPPORTTN( SCI iEDU1.'� SCI1F,Ir SCIJE); SCHEDULE D SCHED1 t' ; SCI-fE1'i.11_7 3,4. 2 , z ; • CITY OF ORDINANCE NO 1231 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RECLASSIFYING CERTAIN LANDS FROM R -3 TO C -1, AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE NO. 81 -21 -R. WHEREAS, on June 8, 1981, P & L Company, a Washington General Partnership, filed a petition to have certain property in which it had a substantial beneficial interest, reclassified from the residential -three and four family dwellings '(R -•3) zone to neighborhood retail stores (C-1) zone as provided under the zoning laws of the City of Tukwila; and WHEREAS, said petition was processed by the Planning Depart- ment of the City of Tukwila under File No. 81 -21 -R; and WHEREAS, the Planning Commission of the City of Tukwila held a public hearing to consider the reclassification petition on June 25, 1981; and WHEREAS, as a result of information presented at the June 25, 1981 public meeting, the Planning Commission continued the hearing to July 23, 1981 in order to prepare certain restrictions and conditions on said property to be acquired of petitioners as a condition of the granting of the reclassification petition; and WHEREAS, the Planning Commission approved the granting of the reclassification, subject to the terms and conditions of a "Property Use and Development Agreement" to be executed by petitioners; and WHEREAS, the City Council has reviewed File 81 -21 -R, has heard the petitioners and their representatives present data at two meetings of the Council, and has considered the recommendation of the Planning Commission and the recommendation of the Planning Department, NOW, THEREFORE, the City Council of the City of Tukwila, Washington, does ordain as follows: 8110010600 Section 1. The real property which is the subject of this ordinance is described in the attached legal description (Exhibit A) and is shown on the attached vicinity map (Exhibit B.) Section 2. The City Council makes the following findings of fact: c. The proposed rezone is consistent with the policies of 0 the comprehensive plan providing for office development as buffer zones between residential areas and commercial O areas, providing that certain conditions and limitations CD O are placed on use of the property. d. The proposed rezone, subject to the terms and conditions cp contained herein, is in the interest of the public health, safety and general welfare. Section 3. Based on these findings of fact, the Council makes the following conclusions and conditions relating to and re- stricting the subject real property. a. The City and the petitioner shall execute a "Property Use and Development Agreement" substantially the same as the agreement attached to this ordinance as Exhibit C. b. The petitioners and other affected property owners shall execute a "reciprocal easement" in the form of such easement attached to this ordinance as Exhibit 0. c. Terms and conditions of the Property Use and Development Agreement dated 9/4/81 from P & L Company in favor of the City of Tukwila shall be binding on the subject real property, regardless of any change in zoning classification. Section 4. The official zoning map of the City of Tukwila, adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes of the zoning reclassification action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and exhibits with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at . a regular meeting thereof this A5 day of , 1981. 1 App,'roved as to ( ) a. The real property, which is the subject of this rezone request and described in Exhibit A, is currently classified residential -three and four family dwellings (R -3). b. The proposed zoning classification of neighborhood retail stores (C -1) is generally consistent with the map of the comprehensive plan, as amended. ATTEST: City Attorney, Lawr n - E. Hard a or Published Record Chronicle - September 20, 1981 0 0 0 0 C Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in Ring County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. TOGETHER WITH: All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. TOGETHER WITH: REAL PROPERTY DESCRIPTION Road and utility easement granted by James S. Huntington and Helen Diane Huntington to Lessor recorded under Ring County Division of Records and Elections No.7910240948 , as amended amendment recorded under No. 7910180588 EXHIBIT A • THEE !QTHUN ASSOCIATES & RANNS ?S ^; O 1131H AVENUE N E -VUE. WASHINGTON yea 206 454 3344 VICINITY MAP TUKWILA 6 SUBJECT PROPERTY II. 1.001 Q TUKWILA PARKWAY p G�3 47' 13 ri-t 1r) 0 n ANDOVER • INDU TRIAL Pi T1. and, PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 2 5398A/221A/LEH WHEREAS, a petition (Tukwila Master File No. 81 -21 -R) was filed on June 8, 1981, with the City to reclassify the Property from the Residential - -Three and Four Family Dwellings density zone (R -3), to Neighborhood Retail Business density zone (C -1) pursuant to the provisions of the Zoning Regulations of the C Tukwila Municipal Code, Title 18; and, WHEREAS, the City of Tukwila Planning Commission recommended to the City Council that the petition be granted subject to the execution and recording of an agreement with the City pertaining to certain uses and development of the Property in order to ameliorate the adverse impact of unrestricted use and development in a C -1 Zone; NOW, THEREFORE, Owners hereby covenant, bargain and agree that if the Property is reclassified to the C -1 zone: Limitations As to Use. 1. The above - described Property shall be used for the construction, operation, and maintenance of a single office building, as shown by plans and drawings submitted with owners' application No. 81 -21 -R to the City of Tukwila, as those plans may be modified by the Board of Architectural Review, as herein provided. 2. The single office building shall be used for office purposes, which may include related non - retail services uses customarily incident to office uses. 3. The office building is intended to operate . primarily during weekday business hours. Utilization of "Site Development Plans ". 4. Site Development Plans shall be subject to review and approval of the City of Tukwila Planning Commission, sitting as a Board of Architectural Review (BAR). Architectural review will inculde, but not be limited to: (a) Building height shall not exceed two stories. (b) Setbacks and width of formal landscaping areas shall be as depicted on Exhibit B, of application 81 -21 -R. A 20 -foot setback will be landscaped and main- tained on the north and west Property boundaries. The landscaping shall be designed, placed and maintained to provide a barrier at 64th Avenue South. (c) A comprehensive native tree inventory of the site shall be prepared by the applicant and submitted to the BAR. Site development shall provide for the saving of CD as many trees of good health and significant size as ap- D propriate and as approved by the BAR. CD (d) Exhibits K, L, M, N, P presented at the :� Commission Coission Public Hearing on July 23, 1981, are attached hereto. Exhibits L, N & P are hereby modified by Exhibit M to reflect deletion of roof mounted mechanic co equipment and first floor finished elevation of 95.0'. Limitations as to Access. ��.f:) 5. There shall be no entrance or exit between the Property and 64th Avenue South, which shall remain a dead -end street for use only by the adjoining residential area.' 6. Primary access from the Property shall be through the real property owned by Robert E. Lee and Evelyn Lee, a /k /a Evelyn T. Lee (hereinafter "Lee Property "), described below, to Southcenter Boulevard, and shall be protected by the recording of an easement for ingress and egress over and across the Lee Property to the extent of owner's interest, in favor of the Property: The Lee Property is located on King County, Washington, and is legally described as follows: That portion of the Wm. E. Gilliam Donation Claim No. 40, Township 33 North, Range 4 East, W.M., described as follows: Beginning 1336.78 feet West and 1501.50 feet North of the Southeast corner of Section 23, Township 23 North, Range 4 East, W.M.; thence East 250 feet; thence South 325.50 feet to North line of County Road No. 622; thence Westerly along said North line to a point South of beginning; thence North to beginning, EXCEPT portion conveyed to King County for Renton -Three PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 3 5398A /221A /LEH Tree Point County Road by deed recorded in volume 1505 of deeds, page 486, under Auditor's File No. 2685209, records of said county. (Consisting of 101,155 square feet, more or less.)' Construction Activities. 7. Owners shall require their contractors to take all reasonable steps to ensure that construction activity is confined to normal working hours, equipment is muffled to reduce noise, and dust control measures are followed. General Conditions. 8. This Agreement shall be recorded in the records of Ring County and the covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owners, their heirs, successors and assigns, and shall apply to after- acquired title of the Owners of the Property. 9. This Agreement may be amended or modified by written agreement between the Owners and the City or their successors and assigns; provided, such amended agreement shall be approved by the legislative authority of the City by ordinance and only after written notice to property owners within 300 feet of the site and after a hearing before the City of Tukwila Planning Commission. Nothing in this Agreement shall prevent the City Council from making such further , amendments to the Zoning Ordinance as it may deem necessary in the public interest. Nothing in this Agreement is intended to authorize any use or dimension not otherwise permitted in the C -1 Zone. 10. This Agreement is made for the benefit of the City and for the benefit of owners of property within 300 feet of the Property, and either the City or any such property owner may institute and prosecute any proceeding at law or in equity to enforce this Agreement. If such an action is brought by the PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 4 5398A/221A/LEH City, Owners agree to pay any costs and reasonable attorney's fees incurred by the City arising out of such action. 11. It is further expressly agreed that in the event any covenant or 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, lr restriction hereinabove contained. DATED: 4 E j , 1981. STATE OF WASHINGTON COUNTY OF On this date, before me, the undersigned, personally appeared JOSEPH W. LYNCH and ROBERT L. PATERSON, to me known to be General Partners of P & L COMPANY, the Washington . partnership that executed the within and foregoing PROPERTY USE AND DEVELOPMENT AGREEMENT and acknowledged said . instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. GIVEN NDER MY HAND AND OFFICIAL SEAL this of , h..��� ,�.�.� ,,_- , 1981. •o • \N. ss. PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 5 5398A /221A /LEH P & L COMPANY par i'ship J seph W. Lynch eral Part By a Washington Robert L. Paterson, General Partner £7/ . tILL' Notary Public inland for th ,State of Washington, residing at f- L THE MI'1HUN ASSuulA'1 ARCHITECTS ?000. 112th AVENUE NOR T HEAS BELLEVUE, WASHINGTON 180O4 P coit,po - t - Iz I N ) y I2I I t EXHIBIT PA IS Co p(-4 cA1I p.1 t A • R.. r.--■ t c-,J PLANNING DEPT A M.F. x,s+c 15e fevtA ou C 13 8 1 4 7 1- 2 30 to I lk TREE SURVEY PROJECT FOR P AND L COMPANY MITHUN ASSOCIATES *IILA �, ilf k ' City of Tukwila O �i Z 6200 Southcenter Boulevard a 2 Tukwila Washington 98188 Frank Todd, Mayor P & L Company 10800 N.E. 8th Ave. Bellevue, WA 98004 Attn: Joseph Lynch SUBJECT: Xerox Parking Area Landscape 1 October 1982 First, please accept my thanks for taking time this morning to meet with Mr. Richards, Mr. Farber and me regarding landscape work on this project. I Believe we all left the meeting with a clearer understanding of every- one's expectations which will result in smooth and timely completion of the Xerox site parking area. The following is a summary of the topics which were discussed and the actions which I believe we all agreed -upon as appropriate follow -up measures: 1) Pruning of large Maple trees at the North end of the parking area FOLLOW -UP: P & L Company will advise staff by letter of the time frame in which the pruning will be completed. Planting of ground area around the Maples will commence within a reasonable time following pruning; in any case, pruning and planting will be completed by 12- 31 -82. 2) Removal of Nightshade and Blackberries adjacent to Richards Property FOLLOW -UP: To be removed by P & L Company immediately (i.e. within one week of the date of this meeting) to a point westward equal to the southerly extension of the east margin of 64th Ave So. 3) Landscape treatment of East and West edges of the parking area FOLLOW -UP: On the West side, junipers and bark shall be placed from edge of pavement to the top of bank, with hydroseed beyond. On the East side, bark and juniper shall be placed from edge of pavement to the limits of vegetation disturbance. All • junipers shall be spaced closely- enough on- centers to create the appearance of a dense growth pattern. P & L Company Page 2 4) Plantings along the North property line adjacent to Richards home FOLLOW -UP: Plantings shall extend westward to the approximate point represented by the Cyclone Fence corner marking the limit of the Richards rear yard, and shall follow the general theme established in.tha approved plan dated 5- 25 -82. The rockery on the approved plan may be reevaluated at the time full development of the parking area proceeds. Hypericum ground cover will continue in use in the North planting area. The landscape contractor will examine and prune or other- wise maintain where necessary the existing Japanese Plums in the North planting area. If your understanding differs on any of these points, please let me know right away. Please let me know, too, if our office can be of any assistance to you on this or any other aspect of the Xerox Phase II development. Again, thanks for your help. xc: Ping. Dir. J. Richards H. Farber TUKWIL ANNING DEPARTMENT Bradl " J. Collins, Director M Caughey Associate Planner Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Audrey DeJoie being first duly sworn on oath, deposes and says that .she. is the CXlj.e.f...cl.erk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper b a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to -wit, King County, Washington. That the annexed is aN Otice of Public Hearing T1?5l as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of 1 consecutive issues, commencing on the 14th.... day of May ,19 ....82.. and ending the 114th. day of May ,19.e.a., both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of s.3...7.6. which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. Subscribed and sworn to before me this Mai i982... V.P.C. Form No. 117 Rev. 7.75 _AZ's / '� • �-�- Chief Clerk 20th day of 04/ .. - • Notary Public in a if for the State of Washington, • residing at Kent King County. — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. April 28, 1982 Mr. Joseph Lynch Joseph Lynch & Company 10800 N.E. 8th Street, Suite 604 Bellevue, Washington 98004 Dear Joe: EARTH ENTERPRISES As you requested, a site inspection to identify large trees at the Xerox expansion project has been completed. The following is an explanation of the significant trees on the perimeter of the clear area. In the cleared area there does not appear to be any indication that other English Walnuts have been removed. The remaining trees are quite old. There are numerous dead branches throughout. Their value as a landscape amenity is questionable. Please feel free to contact me if you have further questions. Very truly yours, EARTH ENTERPRISES East perimeter: 5 Juglans regia - English Walnut North perimeter: 1 Acer macrophyllum - Big leaf maple three principal trunks West perimeter: 3 Acer macrophyllum - Big leaf maple 1 Arbutus menziesii - Pacific Madrone Which appears to be in poor condition, weak trunk and not significant. Linda Potter Hochman, Manager Landscape Maintenance Department LPH /mdk * Washington Certified Nurseryman Washington Certified Landscaper POST OFFICE BOX D RECEHNEO APR 3 0 1982 Mitt r if TREE SURVEY TRIAD ASSOCIATES SITE PLAN MITHUN ASSOCIATES FLEXIBLE RULER SECTIONS LANDSCAPE PLAN