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Permit 81-02-R - SCHNEIDER NILSEN DEVELOPMENT - REZONE
81-02-r interurban avenue south 59th place south schneider nilsen DEVELOPMENT REZONE COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT 8103110321 WASHINGTON ORDINANCE NO. 1206 AN ORDINANCE RECLASSIFYING CERTAIN LANDS FROM R -4 TO C -1 WITHIN THE CITY OF TUKWILA AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE NO. 81 -2 -R WHEREAS, an application for rezone of real property from R -4 to C -1 was filed by Lyle Schneider and Gary Nilsen COUNCIL ACTION ACT IM 1 4/43 s eeho 3/a 'a- MEE1IUC TYPE DAIS AND! MM on January 5, 1981, and; WHEREAS, pursuant to the State's Environmental Policy Act of 1971, as amended, a formal Declaration of Environmental Non - Significance was made by the City's "responsible official" and filed in the Tukwila SEPA Public Information Center on January 22, 1981, and; WHEREAS, said application for rezone was the subject of a public hearing before the City of Tukwila Planning Commission on January 29, 1981 after notice of said hearing was duly published as required by law, and; WHEREAS, after said public hearing, based on the files and records before it, and upon public testimony presented, the Planning Commission made a recommendation to grant the rezone application subject to two conditions, and; WHEREAS, the City Council has duly considered the application for rezone, the environmental effect of the proposed rezone action, and the recommendation of the Planning Commission; NOW, THEREFORE, the City Council of the City of Tukwila, Washington does ordain as follows: Section 1. The real property which is the subject of this Ordinance is described in the attached legal description (Exhibit A) and as shown on the attached site map (Exhibit B). Section 2. After reviewing the documents contained in Planning Department master file 81 -2 -R, and having heard the presentation by the applicants for the rezone, the City Council makes the following findings of fact: A. The real property which is the subject of this rezone request is described in Exhibit A. It is now zoned R-4. B. The proposed zoning classification of C -1, as shown on Exhibit B, is generally consistent with the Comprehensive Plan except that development of the property or a related disturbance above the 30 -foot contour level would violate Objective 3, Policy 1 of the "Natural Environment" section of the Comprehensive Plan discouraging disturbances of slopes exceeding twenty percent. C. The proposed rezone action will not be injurious to the peace, safety, health or general welfare of the community. Section 3. Based on these findings of fact, the City Council makes the following conclusions and conditions relating to and restricting the subject real property: A. The real property shown on Exhibit A is reclassified to zoning category C -1 as shown on Exbt. B, on the following conditions 1. Any development of the real property subject to this rezone Ordinance shall require board of architectural review of site, architecture, and landscaping details prior to issuance of any building permit or related land use permit. 2. The owners of the real property subject to this no later than 12/31/81 rezone Ordinance must record a deed restriction/ running with the land providing that no disturbance of existing contour • or vegetation above elevation 30 feet shall occur as a result of contiguous development activity, except as necessary to maintain the existing trail system maintained by the City of Tukwila. Section 4. The zoning map adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes of the rezoning action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and attachments with King County Department of Records and Elections. Section 6. The conditions and restrictions contained in this Ordinance shall be covenants and restrictions running with the land and shall be binding on the owners, their heirs, successors and assigns. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this c2 4L.0 day of App ved ps to Form , 1981. C - y Attorn- , Carl Carlson Published Record Chronicle — March 8, 1981 ATTEST: C 4? Z ? a4/ erk zoning plat map February 23, 1981 7 ;00 P.M. CALL TO ORDER ROLL CALL OF COUNCIL MEMBERS APPROVAL OF MINUTES AUDIENCE COMMENTS Tukwila Friends of the Library. DISCUSSION Drawing for Council Positions. Prop. Ord. reclas- sifying certain lands from R -4 to C -1 in the City. TUKWILA CITY COUNCIL f City Hall COAT1ITTEE OF THE WHOLE MEEZ _, G Council Chambers MINUTES Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order at 7 :08 p.m. LIONEL C. BOHRER, GEORGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President GARY L. VAN DUSEN. MOVED BY SAUL, SECONDED BY HILL, THAT THE MINUTES OF THE TUKWILA CITY COUNCIL CONMI'F1'EE OF THE WHOLE MEETING HELD FEBRUARY 9, 1981 BE APPROVED AS PUBLISHED. * Councilman Bohrer requested that references to "City Council President" on Page 7, Paragraph 3, lines 2 and 4, be changed to "Council President" in both instances. *MOTION CARRIED. MOVED BY JOHANSON, SECONDED BY SAUL, THAT THE TUKWILA CITY COUNCIL GO INTO EXECUTIVE SESSION AT THE CONCLUSION OF THE COAIMII'1'EE OF THE WHOLE MEETING TO CONSIDER THE 56TH STREET BRIDGE, LID #30, AND THE COUNCIL INTERN POSITION. MOTION CARRIED. Wendy Morgan, Tukwila, expressed appreciation to the City Council for the support they have given to the Tukwila Friends of the Library. City Clerk Maxine Anderson conducted the drawing for Council positions for the November election. Councilman Bohrer drew Position No. 1, Councilman Harris drew Position No. 2, Councilman Johanson drew Position No. 3, and Councilman Saul drew Position No. 4. Gary Nilsen, applicant, said there was some confusion as to the area outlining his property as to whether or not there were two separate blocks. There are not two blocks, they are separated by a foot path. He said they can change the configuration of the proposed building. They are inhibited by the topography. Council President Van Dusen asked Mr. Nilsen if they want to build the same building they have built across the street? Mr. Nilsen said no, they have lost so much time they think they will design a vertical building. Council President Van Dusen asked if they did not want the street vacated. Hr. Nilsen said they have almost decided they do not want to enter into the period of time that it would take. A vertical building will be backed up against the hill. He said the parking would be on the sides. Councilman Bohrer referred to Section 3, (C), of the proposed ordinance and asked if that wording was needed in the ordinance. City Attorney Hard said the proper way to proceed would be to have a separate developer's agreement requiring the property owner to assume all costs associated with relocating, reconstructing, or altering the trail system. Councilman Phelps said she assumed that any work done on the trail would be subject to City inspection and approval before it was authorized. Mr. Nilsen said they have some general thoughts on that. The foot bridge now appears to need repair. At this time it would be somewhat unfair to ask the developer to do it if it were in need of repair. City Attorney Hard said Section 3, (D), "If the property owners fail to record the deed restriction described above on or before December 31, 1981 said zoning classification shall revert from C -1 to R -4," there is some uncertainty about this. Councilman Johanson said that practice has been accepted in the City. If a rezone request is accepted for a project and the project is not started after a year, the property reverts back to its original zoning. TUKWILA CITY COUNCIL CIO 7N. I BE OF THE WHOLE MEETING February 23, 1981 Wage 2 DISCUSSION - Contd. Prop. Ord. reclas- sifying certain lands from R -4 to C -1 in the City - contd. Legislative amend- ments to SEPA. Prop. Res. setting Council Mtg. Pro- cedures. Prop, Res, setting Council Mtg. Procedures - contd. City Attorney Hard said there is no law that says this would be auto- matic. He said he recommended that the last part of Section 3 (C) and Section 3 (D) be in a separate developer's agreement. It could be one agreement. MOVED BY SAUL, SECONDED BY JOHANSON, THAT THE PROPOSED ORDINANCE RECLASSIFYING CERTAIN LANDS FROM R -4 TO C -1 WITHIN THE CITY BE AMENDED BY DELETING THE FOLLOWING FROM SECTION 3, (C) "WITH ALL COSTS ASSOCIATED WITH RELOCATING, RECONSTRUCTING, OR ALTERING SAID TRAIL SYSTEM TO BE BORNE BY THE PROPERTY OWNER." AND ALL OF (D), SAME SECTION, BEING DELETED TO BECOME A SEPARATE DEVELOPER'S AGREEMENT AND THE PROPOSED ORDINANCE, AS AMENDED, BE ON THE AGENDA OF THE MARCH 2, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. MOVED BY HILL, SECONDED BY SAUL, THAT THE LEGISLATIVE AMENDMENTS TO SEPA BE PUT IN THE COMMUNITY AFFAIRS COMMITTEE. MOTION CARRIED. Council President Van Dusen said the proposed resolution had been considered by the Ad Hoc Committee. Councilman Johanson referred to Section IV, (D), and requested that the last sentence of (D) read: "Procedural decisions made by the presiding officer may be overruled by a majority vote of the Council," and the rest of the sentence be deleted. The Council agreed to this change. City Attorney Hard referred to Section I, (F), and requested that the word "noticed" be deleted. The Council agreed to this deletion. Councilman Johanson referred to Section I, (H), stating the Standing Committees of the''City Council shall meet at 6:00 p.m. prior to the start of Regular Council Meetings and Committee of the Whole Meetings. Council President Van Dusen said the information from the committee meetings would not be taken directly to the regular or committee of the whole meeting that would follow the committee meetings. Sub - Committee meetings could be held at any time, The staff could meet with the standing committees at 6:00 p.m. and then go to the Council meeting. City Attorney Hard referred to Section VI, (A), and recommended that the sentence: "The Council President will appoint the Committee members by the third Regular Meeting of each year," be inserted between the second and third sentence of that section. The Council agreed to that addition. RECESS 7:50 P.M. -8:00 P.M.MOVED BY HILL, SECONDED BY SAUL, THAT THE COM MI1'T1E OF THE WHOLE MEETING RECESS FOR 5 MINUTES. MOTION CARRIED. The Tukwila City'Council Committee of the Whole Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. Council President Van Dusen suggested that Section XII, (B), 2, the first sentence read: "All items that are not routine in nature and presented shall include a completed Council Agenda Synopsis (CAS)." The Council agreed that the remainder of the sentence be deleted. Councilman Bohrer said he would like the Council Meeting Procedures to be an ordinance rather than a resolution. As an ordinance it would be more formal, and have more weight. City Attorney Hard said he would prefer it be a resolution rather than an ordinance because as such it would be more flexible. Generally internal operation policies do not need an ordinance. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE COUNCIL MEETING PROCEDURES BE PRESENTED AS AN ORDINANCE RATHER THAN A RESOLUTION. MOTION CARRIED, WITH HILL AND PHELPS VOTING NO. Schneider /Nilsen Development Co. 14900 Interurban Ave. S. Tukwila, WA 98188 Subject: Rezone Application 81 -2 -R At its regular meeting of 29 January 1981, the Planning Commission conducted a public hearing on the subject rezone and recommended its approval to the City Council with the following stipulations: 1) Any project proposed on this site subsequent to City Council approval of the subject rezone action shall require Board of Architectural Review of site, architecture and landscaping details prior to issuance of building permits. 2) The property owner shall record a deed restriction running with the land providing that no disturbance of existing contour or vegetation above eleva -f'. tion 30' shall occur as a result of adjacent development activity, except as necessary to maintain the existing Tukwila trail system, with costs to be borne by the property owner. The City Council will discuss this application at its Committee -of- the -Whole meeting of 9 February 1981; Please plan to join us at 7:00 p.m. in the City Hall Council Chambers on that date. MC/blk City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development 5 February 1981 Tukwila mining Dept. Ma�*k Caughey Associate Planner INTRODUCTION AGENDA ITEM_ Atiplication 81 -2 -R - Schneider /Nilsen Rezone Exhibit "A" describes the neighbor- hood setting and geographic limits ‘; of the proposed rezone. You may re- cognize the Schneider /Nilsen name as that of the developers who are just about to complete construction of the white brick office building on the east side of Interurban Avenue adjacent to the Green River. It is their intent to build the same building on the subject property; however, it is necessary to encroach upon the "R -4" portion of the site in order to provide a sufficiently -sized surface parking area. Since the R -4 zoning district does not allow com- mercial parking as a permitted use, the rezone to C -1 is requested. CITY OF TUKWILA . PLANNING DIVISION .CITY COUNCIL STAFF REPORT r 02 M —I ° M-I NH 0 � l i qy I ).i MI ,m_ �!craq PLANNING COMMISSION ACTION The Planning Commission reviewed the proposed rezone application at its meeting of 29 January 1981. The Commission recommended approval of the rezone action, but did not review the proposed office project. The area.affected by the rezone application, as well as the entire project site, is bi- sected by an existing city pedestrian trail. Under the development alternative shown on exhibit "B ", relocation of the existing trail system and vacation of a portion of the existing right -of -way would be subject to City Council approval. Thus, review of the project itself will de- pend on prior City Council approval of a street vacation petition and the subject rezone. The western-most boundary of the rezone area extends approximately to the 50' con- tour level. While this boundary is acceptable for geographic purposed; development or related disturbance above the 30' contour level would violate objective 3, policy 1 of the "Natural Environment" section of the Comprehensive Plan discouraging dis- turbance of slopes exceeding 20 %. Thus, the commission imposed a stipulation pro- hibiting development above. the. existing toe of slope.,. Page -2- Staff Report Appl. 81-2-R RECCNAENIDATION Staff suggests that the Council affirm the Planning Commission's reconunendati• of approval of the Schneider /Nilsen rezone (81- . 2 -R), according to the following . , tipu- lations, and that the City Attorney be instructed to prepare an appropriate o nance for council adoption at its next regular meeting. 1) Any project proposed on this site subsequent to City Council approval of he subject rezone action shall require Board of Architectural Review of site architecture and landscaping details prior to issuance of building. permit 2) The property owner shall record a deed restriction running with the land ro- viding that no disturbance of existing contour or vegetation above elevat on9 shall occur as a result of adjacent development activity, except as neces ary to maintain the existing 'Tukwila trail system, with costs to be borne by he property owner. AGENDA ITEM INTRODUCTION Exhibit "A" describes the neighbor- hood setting and geographic limits . of the proposed rezone. You may re- cognize the Schneider /Nilsen name as that of the developers who are just about to complete construction of the white brick office building across Interurban Ave. from the re- zone site. It is their intent to build the same building on the sub- ject property; however, it is nec- essary to encroach upon the "R -4" portion of the site in order to provide a sufficiently -sized sur- face parking area. Since the R -4 zoning district does not allow com- mercial parking a; a permitted use, the rezone to C -1 is requested. CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT Application 81 -2 -R - Schneider /Nilsen rezone FINDINGS 1) The subject rezone arectis cur- rently zoned R -4 by Thkwila Ordinance #300, dated 1 February 1960. 2) The remaining portion of the project site, which is not affected by the rezone application, extends 150' west of the westerly r/w line of Interurban Avenue. This area is zoned C -2 by Ordinance #432 (19 July 1965) and will remain C -2 for the present. 3) The Comprehensive Plan provides for "strip commercial" use adjoining the west side of Interurban Avenue, with "high density residential" use behind. The divi- sion line between uses is imprecise on the comp. plan map. 4) The area affected by the rezone application, as well as the entire project site, is bi- sected by an existing city pedestrian trail. Under the development altern- ative shown on exhibit 'B ", relocation of the existing trail system and vacation of a portion of the existing right -of -way would be subject td City Council Approv- al. Page -2- 5) The proposed rezone area is relatively steep at its westerly extreme. Slopes above the 30' contour line appear to exceed 25% in some instances. The remainder of the project area is relatively level. Both alternative site development plans indicated development encroachment above the 30' contour level. 6) A declaration of environmental non - significance was granted on 22 January 1981 for the legislative act of rezone only. The city reserves the right to require a more extensive environmental investigation for the office project itself once the issue of trail reconfiguration is resolved by Council. CONCLUSIONS 1) The proposed rezone action is consistent with the Comprehensive Plan. The de- markation line between commercial and multifamily uses is inconclusive on the plan, but the map seems to recognize the toe -of -slope as the limit between use areas. Thus, the proposed rezone boundary maintains the general reasoning of the Comprehensive Plan. 2) The approval action to intensify use of the rezone area will have negligible environmental consequences. However, a more detailed study of the actual office project should be undertaken by the Board of Architectural Review, once the City Council has made a decision on relocation of the trail easement. No action should be taken on the alternative site development patterns at this time, pend- ing resolution of the trail issue. 3) The western -most boundary of the rezone area extends approximately to the 50' contour level. While this boundary is acceptable for geographic purposes, de- velopment or related disturbance above the 30' contour level would violate ob- jective 3, policy 1 of the "Natural Environment "section of the Comprehensive Plan discouraging disturbance of slopes exceeding 20 %. 4) The proposed reclassification to C -i is consistent with the Planning Commission's recommended zoning approach for the west side of Interurban Avenue embodied in proposed ordinance Draft #4. RECOMMENDATION Staff recommends that the Planning Commission recommend to the City Council that the Schneider /Nilsen property, as depicted on exhibit "A ", and as described in Exhibit "F ", be reclassified from R -4 to C -1, subject to conditions as follow: 1) Any project proposed on this site subsequent to city council approval of the subject rezone action shall require Board of Architectural Review of site, architecture and landscaping details prior to issuance of building permits. 2) The property owner shall record a deed restriction running with the land providing that no disturbance of existing contour or vegetation above el- evation 30' shall occur as a result of adjacent development activity, except as necessary to maintain the existing Tukwila trail system,wm co sU tv t6 smub' Knit heNICMh' zoning plat map LEGAL DESCRIPTION EXCEPT The easterly 150 feet as measured at right angles to Interurban Ave. of the following described property. PARCEL A: Lots 1, 2 and 3, Block 15, Hillman's Seattle Garden Tracts, according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington, EXCEPT the Northeasterly 40 feet thereof condemned for road purposes in King County Superior Court Cause No. 109001; PARCEL A -1: An easement for existing driveway over and across the Southerly 5 feet of the Easterly 315 feet of Lot 4, Block 15, Hillman's Seattle Garden Tracts, according to plat recorded in Volume 11 of Plats, page 24, in King County, Washington EXCEPT the Northeasterly 40 fee thereof condemned for road purposes in King County Superior Court Cause No. 109001. PARCEL B: The North 250 feet as measured along the West line, of Lot 2, Interurban Addition to Seattle, according to plat recorded in Volume 10 of Plats, page 55, in King County, Washington; EXCEPT that portion of Lot 2, Interurban Addition to Seattle according to plat recorded in Volume 10 of Plats, page 55, records of King County, Washington, described as follows: Beginning at the Northwest corner of said lot; thence south along the West line of said lot 250.00 feet; thence north 89 ° 37'52" east 178.40 feet; thence northwesterly to a point on the north line of said lot which is north 89 ° 37'52" east a distance of 10.00 feet from the point of beginning; thence south 89 ° 47' 52" west 10.00 feet to the point of beginning. EXHIBIT "F" site plan landscape plan site plan site survey TUK ILA CITY COUNCIL COMMITTEE OF THE WHOLE MEETING February 9, 1981 Page 4 DISCUSSION - Contd. Presentation of Prop. Zoning Ord. - contd. RECESS 8:55 - 9:05 P.M. Parkway Plaza West Tax Lot Configura- tion. Schneider /Nilsen Rezone Request. Councilman Bohrer recommended that the review by the Council be .cheduled after the public hearing input has been received. MOVED BY HILL, SECONDED BY'SAUL, THAT THE COMMITTEE OF THE WHOLE MEETING RECESS FOR FIVE MINUTES. MOTION CARRIED. The Tukwila City Council Committee of the Whole Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. Mark Caughey, Acting Planning Director, said the Benaroya Company has asked to modify the configuration of tax lot divisions of Parkway Plaza West. The Boeing Company is the principal tenant of Parkway Plaza West and by lease agreement assumes the property tax liabilities for the site as well as the undeveloped hillsides to the west. They do not wish to pay taxes on land they will never use so have asked Benaroya Company to arrange with the County Assessor to "divide off" the hillside area as a separate tax -lot and relieve them of the cost. King County authorities have agreed to realign the tax -lots provided the City of Tukwila will give its written approval. The Acting Finance Director states that by dividing off the hillside area from the office parcel it may have the effect of slightly reducing city tax revenue receipts. Staff recommendation is that the matter be referred to the Finance and Personnel Committee for study and that they report back a recommendation to the Council. MOVED BY HILL, SECONDED BY SAUL, THAT THE PARKWAY PLAZA WEST TAX LOT CONFIGURATION BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. Mark Caughey, Acting Planning Director, said he had asked the Benaroya Company if they would give the City the hillside for a trail. Mark Caughey, Acting Planning Director, stated Schneider /Nilsen Development is seeking to build the same building they have built on the east side of Interurban Avenue on the proposed rezone site. However, it is necessary to encroach upon the R -4 portion of the site in order provide a sufficiently sized surface parking area. Since the R -4 zoning district does not allow commercial parking as a permitted use, the rezone to C -i is requested. The Planning Commission reviewed the proposed rezone application and recommended approval of the rezone action, but did not review the proposed office project. The area affected by the rezone application, as well as the entire project site, is bisected by an existing city pedestrian trail. Relocation of the existing trail system and vacation of a portion of the existing right -of -way would be subject to Council approval. Review of the project itself will depend on prior Council approval of a street vacation petition and subject rezone. The western boundary of the rezone area extends approximately to the 50' contour level. While this boundary is acceptable for geographic purposes, development or related disturbance above the 30' contour level would violate objective 3, policy 1, of the "Natural Environment" section of the Comprehensive Plan discouraging disturbance of slopes exeeding 20 %. The Staff recommendation is that the Council affirm the Planning Commission recommendation of approval of the. Schneider /Nilsen rezone according to following stipulations: (1) Any project proposed on this site subsequent to Council approval of the subject rezone action shall require BAR approval of site, architecture and landscaping details prior to issuance of building permits. (2) The property owner shall record a deed restriction running with the land providing that no disturbance of existing contour or vegetation above elevation 30' shall occur as a result of adjacent development activity, except as necessary to maintain the existing Tukwila trail system, with costs to be borne by the property owner. ,UKWILA CITY COUNCIL COMMIt„ .E OF THE WHOLE MEETING February 9, 1981 Page 5 DISCUSSION - Contd. Schneider /Nilsen Rezone Request - contd. Prop. Res. author. Mayor to enter into a Dev. Agreement w /Fostoria Park Assoc. to partici- pate in future LIDs in the vic. of So. 134th St. Discussion on . Sewer Rate Study. Final acceptance for installation of signal at Tukwila Parkway & Andover Pk. W. Increased Cost Est. for LID #30. Councilman Hill said he was concerned about the bluff below the Hillcrest Apartments. He asked if measures have been taken to be sure it does not slide. Mark Caughey said that matter will be addressed at the time the environmental aspect is considered, it will be among the major issues. Councilman Van Dusen asked how the street would be worked in with the trail? Mr. Caughey said if the Council grants the rezone, the trail can be realigned according to the engineer's specifications. They are going to have to come back and file for a street vacation, but the rezone approval is the first step. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SCHNEIDER /NILSEN REZONE REQUEST BE ON THE AGENDA OF THE FEBRUARY 17, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Mark Caughey, Acting Planning Director, said in November 1979 the Fostoria Park Associates applied for a building permit to construct a single industrial building on the subject site which is designated M -1 zoning. In January 1980 the SEPA review was completed and it was noted that upgrading of the site's street surface width and condition and improvements to various intersections in the vicinity will be needed to accommodate truck traffic generated by the Fostoria Project. The developer and staff agree that improvement to South 134th Street should occur beyond the strict frontage limits of the Fostoria site, and that the LID method is the most effective ve:.iicle to initiate these improvements. The proposed resolution authorizes the Mayor to sign the Developer's Agreement. MOVED BY HILL, SECONDED BY SAUL, THAT THE PROPOSED RESOLUTION BE ON THE AGENDA OF THE FEBRUARY 17, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Ted Uomoto, Director of Public Works, stated the consultants gave a brief summary review of their report at the last Committee of the Whole Meeting. They have nothing more to add at this time. They have recommended that no changes be made at this time until the study is completed. It will take about three months to complete the study. MOVED BY BOHRER, SECONDED BY HILL, THAT THE COUNCIL ACKNOWLEDGE RECEIPT OF THE SEWER RATE STUDY AT THIS TIME. MOTION CARRIED. Ted Uomoto, Director of Public Works, stated work has been completed on the signal at Tukwila Parkway and Andover Park West and his Department recommends final acceptance. MOVED BY HILL, SECONDED BY SAUL, THAT THE COUNCIL MAKE FINAL ACCEPTANCE FOR INSTALLATION OF SIGNAL AT TUKWILA PARKWAY AND ANDOVER PARK WEST BY COUNCIL MOTION. MOTION CARRIED. Councilman Johanson said the City still has an outstanding bill from Signal Electric that should be put in the Finance Committee. MOVED BY JOHANSON, SECONDED BY BOHRER, THAT THE OUTSTANDING BILL FROM SIGNAL ELECTRIC BE REFERRED TO THE FINANCE AND PERSONNEL COMMITTEE. MOTION CARRIED. Ted Uomoto, Public Works Director, said the ordinance passed by the Council identified the total project cost at $275,000. The latest estimate indicates that because of the delay in the construction of the project due to easements and right -of -way acquisition, the cost has increased to $292,250 without condemnation and $347,250 with condemnation. When this was discussed in the Public Works Committee Meeting it was concluded: that:.this increased..cost.should be. brought to the attention of the Council Members for further discussion as it relates to notifying the property owners of the increased cost. C January Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Audrey DeJoie being first duly sworn on oath, deposes and says that sh e is the Chi Clerk of THE DAILY RECORD CHRONICLE, a newspaper published six (6) times a week. That said newspaper is 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 a Notice of Mooting 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 15 day of January ,19 81 , and ending the �.5... day of .January 1961 , 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 4 2.15 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 V.P.C. Form No. 87 Rev. 7.78 , 19 81 Chief CLeek 15 day of c J Notary Public in and for the State of Washington, residing at Mt; 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. plmadl #49 MASTER LAND DEVELOPMFM APPLICATION FORM FEES: RCPT. M.F. EPIC. NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. r SECTION I. GENERAL DATA 1) APPLICANT'S NAME Sc411 1 ) 11.TELEPHME:(?r4) "q'l4,/ 2) APPLICANT'S ADDRESS I4Od - 11-4tistituReAN kiv S ZIP: vl$T(pgj 3) PROPERTY OWNER'S NAME SitsiMI dS NboV , TELEPHONE:(Q4i) 243 .9 4) PROPERTY OWNER'S A LYIRESSS N4 AS AP,o / ZIP: 11 5) LOCATION OF PROJECT: (geographic or legal descrip.) S . I d' - 5 11-Trm12o zt3wN. AVIE. S. KROLL PAGE: 6) NAME OF PROJECT(OPTIONAL) SOU11 -IC}EN FA. PLAZA SECTION II: PROJECT INFORMATION /� 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: '[ CFFIC4E 24-1W d.. 51,(v1) ciseDed, SK 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? [JYES ©NO 9) PROJECT DATE a. NET ACRES c. PARKING SPACES fo b. GROSS ACRES . ox f, d. FLOORS OF CONSTRUCTION e. LOT AREA COVERAGE BLDGAMODO SQ.FT. LANDSCAPE 4 3 440 SQ. FT. PAVING 37 p00: SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10t? YES Ei NO 11) EXISTING ZONINGC - 2 s er 4 12. EXISTING COMP.PLAN G' 4 giit 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION DYES El NO ON THE CITY'S ENVIRONMENTAL BASE MAP? 14) IF YOU WISH TO HAVE COPIES OF CITY CORRESPONDENCE, STAFF REPORTS, OR OTHER DOCUMENTS SENT TO ADDRESSES OTHER THAN APPLICANT OR PROPERTY OWNER, PLEASE INDICATE BELOW. a. NAME!T}I eAYL IS ARdarreaS ADDRESS: 5X:= loS11-1 T b. NAME: ADDRESS: �t. /uE q$do 4 SECTION III: APPLLICANT'S / AFFIDAVIT • I, �A-� H. fa , t / gebeing duly sworn, declare that I am the ;:..i contract pu�ascr or owner f the property involved in this application and that the foregoing statements and answers herein contained the ion herewith submitted are in all respects true and correct s be 'knowledge and belief. Subscribed and sworn before me � this /3 T day of I' / , 19 6t-t_e DATE // %3 otary or t tate of Washington residing at SECTION IV: SUPPORTING MATERIAL REQUIREMENTS NOTE: All applications require certain supporting documents and information which. are described in the following table: TYPFjOF APPLICATION (CHECK BOX(ES)) I REZONING CONDITIONAL USE PERMIT VARIANCE COMPREHENSIVE PLAN ANT SHORELINE MG4T. PERMIT SHORELINE MGMT PERMIT REVISION WAIVER SHORT PLAT BINDING SITE D4PROV174FNT PLAN V / ARCHITECTURAL REVIEW V IANDSCAPE REVIEW SUBDIVISION SIGN VARIANCE * *See TABLE 1 for detailed description SUPPORTING INFOIi ATION RE(JIRkD3 * lE, 2, 3, 4, 5, 701-- 1C, 3, 4, 5, 7, 11 1F, 4, 7, 11 or 17 1D, 3, 4, 5, 7, 11, 12 1B, 3, 4, 5, 7, 10, 11,13 4, 10, 16 IA, 3, 4, 11, 12, 4, 5, 9 4, 5, 8 11, 12, 13 14 . 4, 5, 6, 15 4, 6, 16, 17 13 KASIER LAM) DEVELORIENT APPLICATION FORM EXISTING ZONING t • 4 REQUESTED ZONING PROPOSED REZONE SITE IS WITHIN lUXWILA CITY LIMITS EXISTING ZONING CLASSIFICATION AND USE OF SURROMING PARCELS: ZONE USE ICR • / 4. ‘4 SZ*4 SCUM G • 2. 02 • 4 EAST 12 41- WEST accessed SUPPLEMiLAY QUESTIONAIRE Schedule E REZONE APPLICATION G. I OYES OW /./7yvIre. Go MM isJ2c4c.L. MULTI PMmt SiNhilLta Pk:am, t...•( GO Wigaci6L tvm...TTR:vviaLY USES PROPOSED TO BE DEVELOPED ON PROPOSED REZONE SITE 14C) &..)11..Dikiefc \V ILL. % 1.1:30a/b O4 1 11-1 42201.4 aRRS CF SIT R. PcsekiNia Fog 1• 40. °pricier. Usw IS inbpsr,po 4:44 1171e IZE2.0t.)Mr, SrM ACCESS 13 ME PROPOSED REZONE SITE IS FROM A DEDICATED, IMPROVED PUBLIC RIGMT-OF- WAY YES ONO. (If "NO", please describe how the site is PROVISIONS TO BE MADE FOR ADEQUATE SEWER AND WATER SERVICES 3?ff2=LIL • *"rek 41-4 0 SE\Y1 ISIS IN li-tTURue.EINN) • EAle CQ 1NSURA CL CONYMWX . To: CASCADE )i::;c:kOW 10600 Northeast 8th 5uitu 215 0144 Plana is�11 vuic Washington: 96004 Atti:i t.ion: • INIa 'g6rat Your lulu.: kf -2760 Our No. :. 432749 R 1 lt ,aavn 11980 eV Vourrhv- M Vine building 'box li19417• 5uxttle, Washington 38111 TITLE QPfICER: HICUAh;L L MOORE .. Telephone:, (2060 292 -130 ALA Loan Policy Proposed Insured; Proposed Insured& PARC:4L A ANU - A t L PAPiC:1:L , A-1 - Ali XAS NUWT X ALTA Orner' a; Policy X Standard _ kxtunarid Proposed In:suxede COAKITiIL T kOR L4 INSURANC: SC 1 DULE A Your ado.: 11 -3780 Our Uu.: 432749 1. Sflective Uate: March l9, 1960 at 8 :00 a.m. 2. Policy or Policies to be issiued& WLi'A Stead:Lc* Coverage Policy P. P. I 'C . , a dissolved Washington corporation Amount: 4250,000.00 kre iem a 5. ..Q14.00. Taxa 5 36. Z5 GARY ziiLSZN and L. b. SCUMUIDSR, doing business as GAN 1 WTF:RYRISE s' . Awouret: $ Premium: 5 Tax: Amount: 5 Premium: 5 Taxi., 5 3. The estate ur . inceresit in the laud described or referred to in -thee. Cdanitelent. and covered herein is 4. Title to the fao anal easement estate or interest in said land is at the effective este hereof vested is: 5. Th4 land ruiurxuu to in this 4:0W4itu4nt ie in the State of Washington; County of King, mud is described au follows: SL: LXUIBIT "I" A't "+ACLIZ l LRai:TO AND klAD : A PART 11bRLCk' . • ho. 432 749 PAKCCL A: LutU 1, 2 and 3, Block 15, Hillman's Seattle Garden Tracts, according to.., plat recorded in Volume 11 of Plants, page 24, /liking County, Washington' EXCEPT the Northeasterly 40 feet/thereof condemned for XQIId put oacea in Xing County SRperior Court Cause Wo. 1090011 PARCEL /v-1i An , eiae:ec►ent for exietiug driveway oVer and +screen the Southerly 5 feet ref the Easterly 315 feet of Lot 4, ,..Block 15, , tlillwa►n's Seattle Garden Tracts, according to plat recorded *Volume 11 of plat*, yags ,24, , i4.; :. King County, Washington. EXCEPT the Northeasterly 40 feet thereof con4*aueed! got road. purposes in King County Superior Court Cu aa,se No. 109001. PAUCZL Tito Warta 250 feet an measured Salons the West line, of Lot 2,, Interurban. Addition to Se4attlei according to plat recorded in Volumes 10 of Plats, page 55, in King County, Washington' EXCEPT that portion of Lot 2, Interurban Addition to Seettlee according to slat recorded in Volume 10 of Plats, pugs 55, records of icing County, Washington, described au toliowai 3�eryinr iuy :at they Northwest corner of 44i4 lots thence out along the West line of said lot 250.00 feet; thence Worth b37'5 2" l a►sit 170.40 feet' thence Northwesterly to is point on the north liver of. said lot whirr : is North B9".$7 basil: a distance of 10.00 feet from the point of . b ginning i thence, South 09•47'5:4" West 10.00 feet to the point , of beginning. EXHIBIT "I" — No. 432749 X. Thy following axe the requirements to be Cemplied withs A. inutruments necessary to create the estate or interest to be* insured must be properly executed, delivered-4/14041y p.40,, for sacoxd. 11. Schedule 11 of the policy'or policies to be issued will contain exceptions to the following matters uplos# the .sig vo 0.4991 to the satiefaction of the Cempanki • A. Defects, liens, encumbrances., adyerse claims or Sher met**, it any, created, first /swearing in the publicr4corde,..or„,,,,,,:,_ attaching subsequent to the effective date hersmifb4t prier 'to the data the proposed Insured acquires ef record got value the estate or interest,or mortgage thereon oovered by this cc:Nitwit:4'11)1M. 8. Any policy issued pursuant hereto will contain under Scheduleo' 4 the standard exceptions as set forth and identified as to, •;, type of policy on the inside of the back cover hereof. C. UP«CIAL LACLPTIONS; CORXITML14 FOR TITLX INSURANCB SCHLDULA Dasement affecting portion of said premises and ter the purpoeus hereinafter stated, as granted by instrument recorded on March 31, 1964, in the office of the zucording officer of Xing County, Wasshingtoe, under-- recording number 5717298, . In twos of: - PACIFIC NMI/WEST LL TNLEPUON2 COMPANY, a ' Washington corporation, its successors and assigns Underground transmission and electric.lines and appurtenances thereto . • Said premises and other property fors AffectSs LaSewent effecting a portion of said premises and for the purposes, hereinafter stated, as granted by instrument recorded on October 19, 1966, in the ortice of the recording officer of King County, VIasnington, ueuer recording number 6097194, in favor oil CITY UL TUKwILA Utility easement together with rights of entry .. All parcels fronting Interurban Avenue • - '" Mari AgiuCtus (Continued) no. 432749 Affects: Agreement dated May 1, 1967, recorded August 28, 1969, in the 9 fide of the recording officer of Xing County, Weshin tow , wuirX recording number 6557641, entered into by and Mikes en: FRANK TODD and JOAN TODD, his wife,' and CI`t'Y or TUX.WILAi Providin5i: A sanitary sewer system and sewer lines with costs and S;nses . c9nsi4exed Said premises and other property • Said agreement provides that it is a covenant rimming with the land. ,Regulatory control by the State Supervisor of Flood Control through ti e establishment of a flood control sons bio. 2 inclusive within the boundaries thereof these premise* and other property as lying within a flood basin. Control ! exercised by issuance of regulatory orders and permits effecting the planning, construction, operation ant aaintenance of ' any structure of improvement, public ox private, • to be erected or- built, or to be reconstructed or modified. (&CW 86.16.010 et seq.) - Unrecorded notice of which and Dei►CI, Recorded: Wecording No.: Seller: Purchaser: : Contract of Sale, dated June 15, 1971, constructive in given by recital in Purchaser's Assignment of contract September 27, 1973 7309270555 pAci IC YROPLIZSR, ILiC., a Washington corporation FRAXXLIN R. TODD, JM., and JOA)i TODD, his wife Said instrument assigns the purcheeer':s interest to PUQUT SOUND POWER WAD LIC::i 1 CGUPAUY . Right, Title and interest of PACIFIC PROPSLLbR, INC., a Washington co ,potation as dieclosed by the instrument in Paragraph 5 above. General taxes for the year 1960 iu the sum of 6825.30 (Ai•reictss : Portion of enid premieese - Account No. 336590e 1365 - 01) . C;ui.:srul taxes for the year 1980 iu the suers of 5410.29 (Affects: Remainder of said premises • Account L u. 359700-0024e05). Lien of seal estate eAICieie sales: tax upon any sale of said promisee, unpaid. 9. • The following matteor& must be considered if and when the proposed insured acquires 4541 intsreet in said premises: (Coutinued) La. 432749 • 54/wo . Page 3 Lien clamed by .the Stata of Washington, wader Department of *octal an health Servicsa, . xecoxded June 29, 1977, in the pffics of thin record- ing . officer of king County, Washington, under recording number vQ63li0738, For *1,661.59 NOT4 s Said lion ciopencla upon the identity of lien,* with the propoard insured, tTa� tUR a( N ADb ! This sketch is not based upon a survey'of the property described in Order No. 4. / ° *�C It is furnished without charge solely for the ing in locating the said premises. It does not purport to show all roads or easements. The Company assumes no liability for inaccuracies therein. r I( landscape plan site plan