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Home My WebLink AboutPermit 81-03-R - SHIMATSU - REZONE81-03-r southcenter parkway SHIMATSU REZONE ZONING CODE AMENDMENT COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT CITY OF TUKWILA 5 .2 g 0 S3 ORDINANCE FROMIR- 1- 7.2HTOGC -2, V AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE t -A 1 2 - g ig81 81 -3 -R WHEREAS, a Declaration of Non - Significance was granted by the City's SEPA Responsible Official on February 10, 1981, under City File EPIC - 156 -81, and WHEREAS, said Declaration of Non - Significance pertains only to the legislative act of rezoning and reserves the City's option to conduct separate environmental review for any project proposed subsequent to the grant of the rezone, and WHEREAS, the Planning Commission, at a regular meeting on Feb- ruary 26, 1981, after conducting a public hearing, has recommended ap- proval of the rezone request subject to compliance with two stipulations, and WASHINGTON ORDINANCE NO. /c2 l a WHEREAS, the City Council has duly considered the environmental significance of the proposed rezone action, the recommendation of the Planning Commission, and the alternative recommendation presented by the Planning Department Staff at the City Council Committee of the Whole Fleeting of March 16, 1981. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The real property which is the subject of this ordinance is described in the attached legal description (Exhibit B) and is shown on the attached site map (Exhibit A). Section 2. After reviewing the documents set forth in Planning Department Master File 80 -38 -R, and having heard materials presented by the property owner's representative, the City Council makes the following findings of fact: A. The real property, which is the subject of this rezone re- quest, is described in Exhibit B. It is now zoned R- 1 -7.2. B. The proposed zoning classification of C -2, as shown on Exhibit A, is generally consistent with the Comprehensive Plan. C. The proposed rezone action will not be injurious to the peace, safety, health or general welfare of the community nor injurious to property value in the immediate vicinity. Section 3. Based on these findings of fact, the Council makes the following conc usions and conditions relating to and restricting the subject real property: A. The zoning classification of the real property described in Exhibit B and as shown on Exhibit A is hereby changed from R -1 -7.2 to C -2. B. Any development of the property hereby rezoned will not involve cutting into the hill beyond the toe -of -slope (approximate ele- vation of 25 ft. MSLD). Placement of fill material shall be allowed in the C -2 zone, provided that the finished grade of the fill is consistent with that of the adjoining property to the south. �N��A S al C. Any project proposed on approval of the subject rezone action Review of site, architecture, grading suance of building permits. Section 4. The zoning map adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes by the rezoning action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and attachments with the King County Department of Records and Elections, upon receipt of written authorization to do so by the property owner. 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 0/01i day of 1981. Approved as to Form City Attorney, Lawrence E. Hard ATTEST: o this site subsequent to City Council shall require Board of Architectural and landscaping details prior to is- Published Record Chronicle - April 24, 1981 REZONE _0.89 Acres FROM R TO 'C2 c -. ZONING PLAT SAP PLANNING DEPT SOUTHWEST' CORNER NE sw • sac. t4 TCSN,R N O'SO'36'E .o' tss. 0' t LOT I N es' E . . Iv 01 'E • NOTE: A PORTION OF SURVEY RECORDED UNDER . AUDITOR IS FILE N.. 1001Eo9o01 i. m • EXHIBIT M.F. S - LEGEND • 1/2" rebar with I•D Cap and 2" x 3" white guard stake O 'Tack in lead plug O Previously `set corners • Calculated position in In oW In sn IS in , N to m • qt) N 2 2 a 13. UTILITY EASEMENT OD Oa MID Oar OD • allb SCALE IOd MEAID/AN ' "LA 6. I"."". /W5.7/ %} Y om_ .�. Na14,0W1( sec Si rlifrit.e4s Lot 2 C. LEGAL DESCRIPTION That portion of the Northeast quarter of the Southwest quarter of Section 26, Township 23 North, Range .4 East, W.M., in King County, Washington, lying westerly of Southcenter Parkway and lying easterly of Interstate Highway Five (5) , described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest quarter; thence N 88 °05'42" W 701.10 feet to the Westerly margin of said Southcenter Parkway; thence along said Westerly margin S O1 °08'45" W 10.65 feet; thence continuing along said margin S 01 ° 05'23" W 1305.71 feet to the intersection with the South line of said Northeast quarter of the Southwest quarter; thence westerly along said South line N 87 °55'53" W 621.98 feet to the Southwest corner of said Northeast quarter of the Southwest quarter; thence along said South line of the Northeast quarter of the Southwest quarter, S 87 °55'53" E 371.94 feet to the.point of beginning; thence continuing S 87 0 55'53" E 250.04 feet to a point on said Westerly margin of Southcenter Parkway; thence along said .Westerly margin N 01 °05'23 E 155.00 feet; thence N 87 °55'53" W 250.04 feet; thence S 01 °05'23" W 155.00 feet to the point of beginning; a portion of surrey recorded under Auditor's File No. 8008209001. ROLL CALL OF COUNCIL MEMBERS REPORTS Council • Executive Session 4/20/81. April 13, 1981 7:00 P.M. CALL TO ORDER Chamber of Commerce Luncheon. Public Disclosure Finance & Personnel Meeting. Others Appreciation for trip to Japan. OLD BUSINESS Approval of Minutes. Christensen Group Hotel Waiver. '/ NEW BUSINESS Shimatsu Rezone - request from R -1 to C -2. TUKWILA CITY COUNCIL � City ti H COMMITTEE OF THE WHOLE MEETING C_ou G,1 Chber . ji s MINUTES Council President Van Dusen called the Tukwila City Council Committee of the Whole Meeting to order at 8:30 p.m. LIONEL C. BOHRER, MABEL J. HARRIS, GEOERGE D. HILL, J. REID JOHANSON, DORIS E. PHELPS, DANIEL J. SAUL, Council President GARY L. VAN DUSEN. Council Presidetn Van Dusen stated an Executive Session would be held at 6:00 p.m. on April 20, 1981 prior to the Regular Meeting of the Council. The subject of the meeting will be the 56th Avenue bridge. City Attorney Hard said he also needs to come before the Council on a municipal court matter. He said he would circulate a memorandum outlining the matter. Council President Van Dusen said the Chamber of Commerce luncheon will be held on April 14, 1981 at 11:30 a.m. at Longacres. Councilman Bohrer stated the Public Disclosure forms and income tax reports have the same due date. Chairman Phelps reported the Finance and Personnel Committee will meet Thursday at 5:00 p.m. The banking service bids will be discussed. Mrs. Marcelle Regel said she wanted to thank the Council for letting her go to Japan. She said she wanted everyone to know how well the children who went along behaved and what fine good will amabas- sadors they were. MOVED BY HARRIS, SECONDED BY HILL, THAT THE COUNCIL APPROVE THE MINUTES OF THE COMMITTEE OF THE WHOLE MEETING HELD MARCH 16, 1981 AND MARCH 23, 1981 AS PUBLISHED. MOTION CARRIED, WITH SAUL VOTING NO. Mark Caughey, Acting Planning Director, said the Council has been provided with a diagram of the proposed layout that did not appear on the conceptual site plan for the hotel project when it was discussed two weeks ago. The parking requirements are tentative, all of the significant trees will be left, and identification of the ordinary mean high water elevation has been made. Councilman Harris said there was some question as to whether or not the building would have to be moved forward or backward as it does not conform to the shoreline. She asked if that has been corrected. Mr. Caughey said it has been corrected. The shoreline provides two options: you have the 40 foot option that does not allow any circulation or a 50 foot that the building has to be 50 feet back but you may have a roadway as long as it is not . less than 25 feet at the point the hotel conforms to the 40 foot option. If they needed to they could put the roadway closer to the bank. They are in conformance. MOVED BY HILL, SECONDED BY SAUL, THAT THE CHRISTENSEN GROUP HOTEL WAIVER BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Mark Caughey, Acting Planning Director, reviewed the staff report, stating they suggest that the Shimatsu rezone application be approved subject to the stipulations proposed by the Planning Depart ment staff. TUKWILA CITY COUNCIL COMMIfEE OF THE WHOLE MEETING April 13, 1981 Page 2 NEW BUSINESS - Contd. Shimatsu Rezone - request from R -1 to C -2 - contd. Mr. Caughey said the essential difference between the Planning Commission's recommendation and that of staff is the degree of slope protection represented by the difference in language. As we interpret the Commission's stipulation (1), commercial zoning and development can occur to a total depth of 250 feet west of South - center Parkway's west margin, or approximately 20 to 30 feet upland from the toe -of- the - slope. However, no cutting or filling can occur above the toe -of- slope, meaning that the topography of the westerly 20 to 30 feet of the rezone area must remain asis regardless of development activity. The staff recommended language of stipulation (1) would restrict both commercial zoning and commercial development of the site to the toe -of -slope (approximate elevation 25 feet). While this approach would reduce the depth of developable land available by 20 to 30 feet, they feel that it would address more concretely the intent of the comprehensive policy discouraging development of slopes exceeding 20 %. They also believe that adoption of the staff stipulations will establish a precedent- setting approach for development of the remaining vacant properties on the west side of Southcenter Parkway, by affirming the toe -of -slope as the dividing line between intensive commercial activity on the lower shelf and the sensitive wooded hillsides of the valley wall. Councilman Bohrer said the Planning Commission said they would recommend zoning back for 250 feet but there would be no cutting or filling. Mr. Caughey said staff and the Planning Commission are dealing with the same intent. Development will cease at the toe -of- the - slope. Disturbance of the contour will not take place. Councilman Phelps said if the Council follows staff recommendation there will be two zonings. Mr. Caughey said that is correct. Mrs. Shimatsu, applicant, said she is a widow born in Tukwila and has lived here most of her life. She is the guardian of her brother': property. If Council considers the staff recommendation that the west part of the zone quit at 240 feet, it is 20 feet lost forever, 20' x 150'. She said this would create a finan- cial hardship on her family. She said she thought one of the concern; was the elevation of the southwest corner which neighbors Zach's Restaurant. It will be a 22" elevation, but the City recognizes 5' so the 22" can be graded without difficulty. Council President Van Dusen said Mr. Shimatsu would like to have the property zoned commercial. The Planning Commission recommends that rezones go back to 250' but no development above the 25' eleva- tion. Mrs. Shimatsu said she is not familiar with the developer's plans. It is her understanding that the developer would build and not destroy the hillside. She has requested that it be put in the lease that the hillside not be distrubed. Councilman Bohrer said it is his understanding that in any case Mrs. Shimatsu would have an equal amount of land to develop. In the Planning Commission recommendation the land is slightly reduced. If it is the same amount of land what impact does the zoning have? The proposal by the Planning Commission seems less attractive. Councilman Johanson asked if Mrs. Shimatsu is going to leave the total square feet available. Mrs. Shimatsu said she was, it all depends on the contingencies, it is a conditional lease. Councilman Phelps said it would seem simpler for the property to have one zoning which would always have the restriction on the hillside rather than a piece of property with two different zonings. Councilman Bohrer'said the intent is to zone the hillside single family, they are paying taxes on property that is unusable. Mr. Caughey explained the difference in the Planning Commission recommendation and the Planning Department recommendation with a map. ITY COUNCIL COMMITTEE. OF THE WHOLt Mttt11u 1981 BUSINESS - Contd. Shimatsu Rezone - request from R -1 to C -2 - contd. Bob Scofield, real estate broker, said he had worked with the Shimatsu family for about three years, discussing plans to bring an income to the family from the property. He said they walked from McDonalds to Levitz. They discussed what a reasonable approach would be. They had topographical surveys done. They believe the 250' line was a reasonable line. It was far less destructive to the hillside. If soils were put in and sloped up to the existing slope you would have better stability. With that plan they went to the Planning Commission and they felt it was their recommendation that Mrs. Shimatsu be able to utilize the 250 feet by not cutting into the bank. He said it was a surprise to hear the recommendation from the Planning Department. He said he thought the recommendation they have made is a reasonable proposal. It will be the best looking hillside along there. The Shimatsu family is reputable, they will put in the lease that development cannot take place beyond the 250 feet. What they are asking is reasonable. He said they will be happy to cooperate in saving the hillside. Councilman Bohrer said it is his understanding that the agreement' the Shimatsu family has with the tenant is on a per square foot basis, Mr. Scofield said it is conditional upon zoning, platting, etc. If there is no rezone there is no deal, if 20 feet is lopped off the price is down. Councilman Johanson said in Mr. Scofield's assistance to the family did he not know the City had discussed the 20 foot slope. Mr. Scofield said he has not done work in the City and when he read it he was not sure what it was aimed at, residential or what. It still is not clear. Councilman Johanson said it is general criteria. Councilman Harris said if the rezone is done the property owners will have to participate in the LID. The R -1 was exempt. Mrs. Shimatsu said she had already paid for the LID in the amount of approixmately $10,000. Councilman Harris said a check would be made to see if it was already paid. Councilman Hill asked if the fill is put in how much higher will it be than Zachs? Mrs. Shimatsu said it would be about 22" higher. MOVED BY BOHRER, SECONDED BY SAUL, THAT THE SHIMATSU REZONE REQUEST BE ON THE AGENDA OF THE APRIL 20, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Van Dusen said staff will draw up two ordinances, one using staff recommendation and the other the Planning Commission recommendation. McNamara Condo Tom Walsh, 1111 3rd Avenue, Seattle, attorney for Mr. McNamara, said Waiver - Request for their 54 unit proposal is a new one. The architect will define 54 units. how the trees will be saved, the planner will describe the project, and the soils engineer will offer a soils analysis. Councilman Bohrer said staff has suggested that Council delay any decision on this matter until the new zoning ordinance /map review is completed. Larry Hard, City Attorney, said if someone has completed all of the steps to be heard on a waiver request, they are entitled to have the matter considered. Councilman Bohrer said this waiver request is similar to another proposal that was denied by Council. City Attorney Hard said he did not know, but he thought Council should go through the steps. Bill Tsao, engineer, explained the planned development of 54 condos with wall charts. He said trees would be planted to surround the area and there will be doubled glazed windows and insulation to cut out the noise from the freeway. It goes much beyond the code requirements. Regarding the height of the building roof elevation of 170', it is only 211' above 53rd Avenue South. Drainage has been ■• AGENDA ITEM CITY OF TUKWILA PLANNING DIVISION CITY COUNCIL STAFF REPORT Shimatsu Rezone (81 -3 -R) INTRODUCTION To date, the following actions have been taken on the Shimatsu request to rezone approximately 0.90 acres on the west side of Southcenter Parkway (see location map, Exhibit D) from R -1 to C -2: A) Planning Commission public hearing (26 Feb. 81) Commission recommended approval of the rezone application as proposed by the applicant (see plat, Exhibit "A" and descrip- tion, Exhibit "B "), subject to the following stipulations: 1) Placement of fill material allowed to the westerly toe - of slope as it now exists without cutting of said slope, and that the finished grade of the project be consistent with that of the adjoining property to the south. 2) Any project proposed on this site subsequent to City Coun- cil approval of the subject rezone action shall require Board of Architectural Review of site, architecture and landscaping details prior to issuance of building permits. City Council Committee -of- the -Whole (16 March 81) - Council discussed action recommended by the Planning Commission and considered alternative recommendation of the Planning Dept. staff: 1) The westerly -limit of the rezone area shall be revised so as to terminate at or before the toe -of -slope (approx. elev. 25' M.S.L.D.) as said toe -of -slope elevation existed on 26 February 1981. Exhibits "A" and "B" of this applica- tion shall be revised prior to final Council action on the rezone request. 2) 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. Page -2- Staff Report 81 -3 -R - Council directed staff to prepare a rezone ordinance for con- sideration at the regular meeting of 6 April 81, incorporating staff - recommended conditions. C) City Council regular meeting (6 April 81) - Application tabled to Committee -of- the - Whole, 13 April 81 at applicants request. DISCUSSION The essential difference between the Planning Commission's recommendation and that of staff is, in our opinion, the degree of slope protection represented by the difference in language. As we interpret the Commission's stipulation 1, commercial zoning and development can occur to a total depth of 250' west of Southcenter Parkway's west margin, or approximately 20' -30' upland from the toe -of- slope. However, no cutting or filling can occur above the toe -of- slope, meaning that the topography, of the westerly 20' -30' of the rezone area must remain as -is regardless of development activity. The staff - recommended language of stipulation 1 would restrict both commer- cial zoning and commercial development of the site to the toe -of -slope :.,.,. (approximately elev. 25'). While this approach would reduce the depth of developable land available by 20' -30', we feel that it would address more concretely the intent of the comprehensive policy discouraging development of slopes exceeding 20%. We also believe that adoption of the staff stip- ulations will establish a precedent- setting approach for development of the remaining vacant properties on the west side of Southcenter Parkway, by affirming the toe -of -slope as the dividing line between intensive commercial activity on the lower shelf and the sensitive wooded hillsides of the valley wall. RECOMMENDATION We suggest once again that the Shimatsu rezone application be approved sub= ject to the stipulations proposed by the Planning Dept. staff as described earlier in this report. *ALA Al City of Tukwila J Z 6200 Southcenter Boulevard Tukwila Washington 98188 1909 Frank Todd, Mayor Akiko Shimatsu 427 SW 154th Street Seattle, WA 98166 SUBJECT: Rezone Application 81 -3 -R April 2, 1981 Please take note that the City Council will consider this application at their Regular Meeting of 6 April 1981. The Council will meet at 7:00 p.m. in the Council Chambers of City Hall. The exact order of the evening's agenda has not yet been established; therefore, we cannot predict the probable time at which this item will actually come to the floor. I wish to inform you also that the possibility of a lack of quorum for the evening exits; if we do fail to have a quorum, we'll try to let you know of the meeting's cancella- tion as soon as possible. Enclosed is a copy of the Rezone Ordinance which the Council directed staff to prepare at its 16 March 1981 meeting. MC:nb cc: A. Symons R. Schofield J. Paul Larry Hard TUKWILA P i Caughey Acting Director NG DEPARTMENT , City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Ferguson and Burdell 1700 Peoples National Bank Bldg. Seattle, WA 98171 Attn: Andren L. Symons Subject: Shimatsu Rezone Application 81 -3 -R 24 March 1981 Dear Mr. . Symons: Thank you for your correspondence of March 23, 1981 regarding the sub- ject application; I will try in this letter to respond to the various topics which you have brought to our attention: A) Notice of City Council Meetings: While reasonable effort is made by the City Clerk's office and other departments to notify interested individuals of Council meeting dates, such notice is a courtesy only, and is not a legal requirement. Although Mrs. Shimatsu herself was not present at the March 16, 1981 meeting, the same individual who represented this matter at the Planning Commission was present and did speak to the Council in support of the rezone. B) Planning Commission recommendation: A minor point of clari- fication should be made with respect to the opening sentence of paragraph 3 of your letter -- The Planning Commission did not aaprove the application at its February 26th meeting; rather, their action was to recommend approval by Council subject to those stipulations which were described clearly in the Planning Director's staff report to us. C) Staff recommended alternative: Although the Planning Commis- sion discussed the staff's concerns and other matters before making its recommendation to the Council, the Planning staff acted responsibly in bringing to our attention what they perceive as a comprehensive plan policy conflict inherent in the Commission's decision. It is the intent of the City Council to protect the hillside at the westerly edge of the Shimatsu/Mikami property from encroachment by development activity; it is my understanding that the Planning staff has communicated this intent to your client fran the outset of the project. Page -2- ,himatsu Rezone D) Meeting of ril 6, 1981: Certainly, you and your client are most welcome to attend t e Council meeting of April 6 at which time the Shimatsu rezone will be discussed. Adequate time will be alloted for any presentation of information you wish to offer. I have admonished the staff to be ceratin that written notice of the meeting is sent to all interested parties of record. As the evening of the sixth is a regular meeting, one of the following actions probably will be taken with respect to the rezone ordinance which the staff was directed to prepare: 1) Council will vote to approve ordinance as presented 2) Council will vote to approve the ordinance with language as modified at the meeting 3) Council will continue discussion of the ordinance to a future Committee -of- the -Whole meeting 4) Council will refer the ordinance to its sub- committee on community affairs for further study and recommenda- tion. Again, we welcome your participation at the April 6, 1981 meeting. Please note, however, that at this time the possibility exists that we may not have a quorum for the meeting. If such is the case, we will have little choice but to move this matter to a future agenda date. We will make every effort to notify you as early as possible if the April 6th meeting is to be cancelled for lack of quorum. Yours Truly City of Tukwila GLV/blk Gary L. Van Dusen, President Tukwila City Council LAW OFFICES OF Ferguson 6 Burdell 1700 PEOPLES NATIONAL BANK BUILDING Sealile,Washingion 98171 TELEPHONE (208) 622-17 11 TELECOPIER (206) 682.6078 Tukwila City Council Mr. Gary Van Dusen, President 6200 Southcenter Boulevard Tukwila, WA 98188 Dear Mr. Van Dusen: WM.H FERGUSON C. DAVID SHEPPARD CHARLES S.BURDELL (1973) WJ. THOMAS FERGUSON WM.WESSELHOEFT JAMES E.HURT DONALD MCL.DAVIDSON WILLIAM D. STITES EDWARD HILPERT,JR. BRUCE P. BABBITT THOMAS J.GREENAN E.P. SWAIN,JR. HENRY W.DEAN CHRISTOPHER KANE WILLIAM B. MOORE HENRY C.JAMESON March 23, 1981 Re: Mrs. A. Shimatsu - Application for Rezone; Council Agenda Item No. 5 -81 March 16, 1981 Request for Hearing and Reconsideration of Council Action SCOTT B.OSBORNE DAVID N.LOMBARD ANDREW L.SYMONS MICHAEL MCCORMACK SHAWN OTOROWSKI PHILLIP 5.MILLER NORMAN P.VANCE On behalf of Mrs. Akiko Shimatsu, we are requesting an opportunity to appear before the City Council with respect to action on the above rezone application. This rezone application was considered by the City Council at a meeting on March 16, 1981, of which meeting Mrs. Shimatsu received no notice. If such notice had been given, Mrs. Shimatsu would have been present to respond to certain matters raised in connection with the application, including certain concerns expressed by Mr. Caughey, the Acting Planning Director. This application was previously approved by the Planning Commission at its meeting on February 26, 1981, with certain conditions affecting the use of fill materials, but not affecting the dimensions of the property affected. At that meeting, the Commission heard and gave full consideration to the matters raised by Mr. Caughey, which were again raised before the City Council at the March 16, 1981 meeting. The Commission was satisfied that the application should be recommended for approval with respect to the entire area. Tukwila City Council Mr. Gary Van Dusen March 23, 1981 Page 2 kel cc: Mrs. A. Shimatsu B And vew L. It is understood that this matter is presently scheduled to be heard again at the April 6, 1981 meeting for purposes of considering an ordinance to be drawn incorporating the staff recommendations. Prior to any consideration of the terms of such ordinance, we would request an opportunity to be heard, either at that meeting or at an earlier date. This request for hearing is in line with Chapters 18.84 and 18.92 of the Tukwila Code, which apply to rezone applicatons and notice requirements for hearings. Your consideration of this request will be greatly appreciated. Very truly yours, FERGUSON & BURDELL TUKWILA CITY COUNCIL COMMIE OF THE WHOLE MEETING MINUTES( March 16, 1981 Page 3 OLD BUSINESS - Contd. Inquiry on the status of Sign Code - contd. NEW BUSINESS Shimatsu Rezone request on Southcenter Parkway to change classifi- cation from R -1 to C-2. Councilman Bohrer said the intent of his motion was that it be assigned in the Planning Department and he surely would not exclude the Building Official from participating in that process. In the new organization, with the Planning Director as his direct super- visor, he thought that would be appropriate. MOVED BY HARRIS, SECONDED BY HILL, TO AMEND THE MOTION TO INCLUDE THE EXTENSION OF THE PRESENT ORDINANCE NO. 1175 FOR ONE YEAR OR PENDING REVISION TO THE EXISTING SIGN CODE AND IT BE ON THE AGENDA OF THE APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. *MOTION CARRIED, AS AMENDED. Council President Van Dusen asked City Attorney Larry Hard to draw up an extension to Ordinance No. 1175. Mark Caughey, Acting Planning Director, said the Planning Commission considered the subject rezone request at their February meeting. The rezone request is motivated by the applicant's wish to develop a fast food franchise restaurant with a drive -up window on the site (Wendy's Hamburgers). The restaurant project will require more extensive environmental investigation before it is presented to the BAR. The action recommended by the Planning Commission is only on the rezone legislation at this time. Mr. Caughey referred to the area on a chart, stating the westerly 25 feet of the rezone area (above elevation 25 feet) is extremely steep and wooded. The remainder of the site is relatively flat and marshy and rests three to five feet below adjoining street level. During the Planning Commission review, staff proposed that the rezone boundary be designated at the toe -of -slope (approximate elevation 25 feet) in recognition of the Comprehensive Plan environmental policy to discourage development on slopes exceeding 20 %. The Commission chose to impose the following stipulations: (1) Placement of fill material allowed to the westerly toe -of -slope as it now exists without cutting off said slope, and that the finished grade of the project be consistent with that of the adjoining property to the south; (2) Any project proposed on this site subsequent to City Council approval of the subject rezone action shall require BAR review of site, architec- ture and landscaping details prior to issuance of building permits. Mr. Caughey said Staff is not certain that the Commission's proposed stipulation affords adequate protection of the slope area, which is designated on the Comprehensive Plan as an area of environmental sensitivity. It is suggested that the condition be reworded to establish the toe -of -slope as the rezone's western boundary. Staff recommends that the Council approve reclassification from R -1 -7.2 to C -2 of the Shimatsu property as described, subject to the following stipulations, and that the City Attorney be instructed to prepare the appropriate documents to effect said rezone action: (1) The westerly limit of the rezone area shall be revised so as to terminate at or before the toe -of -slope as said toe -of -slope elevation existed on February 26, 1981; (2) 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. Council President Van Dusen asked about a late comer's fee on the LID. Mr. Caughey said Mrs. Shimatsu said it was all paid. TW:WILA CITY COUNCIL COMMIUE OF THE WHOLE MEETING MINUTE • March 16, 1981 �- Page 4 NEW BUSINESS - Contd. Shimatsu Rezone request on Southcenter Parkway to change classific- cation from R -1 to C -2 - contd. Proposal for review of the prop. Zoning Ord. (Draft #4) . Councilman Bohrer said the street elevation is between 21 and 22 inches so if you take this and grade it back it would still be 3 feet below the toe -of- the - slope. Mr. Caughey said the applicant intends to fill and run it back. Jim Paul, architect for Wendy's, said he was not representing the owner of the property. He said there have been many expenses involved such as a test report on the property near toe -of- the - slope. He said they want to stabilize the hill by putting 3 feet of fill all of the way back to the 30 foot line. He said it is his understanding that this is one of the last pieces of property available in Tukwila and it has become very expensive. The City will be taking a great deal of income away from the applicant if the rezone is granted just to the toe -of- the - slope. Mrs. Shimatsu pays taxes on all of the property. There are trees in the upper left hand corner of the property. Mr. Paul said Mrs. Shimatsu is losing about one -third of her property, it is unbuildable. MOVED BY BOHRER, SECONDED BY SAUL, THAT AN ORDINANCE BE DRAWN UP INCORPORATING THE STAFF RECOMMENDATIONS AND REZONE OF THE SHIMATSU PROPERTY AND IT BE ON THE AGENDA OF APRIL 6, 1981 REGULAR COUNCIL MEETING. MOTION CARRIED. Council President Van Dusen said he had proposed four actions the Council might take in their review of the proposed Zoning Ordinance. Proposal 1: Table discussion of zoning ordinance until new Planning Director is confirmed, allow him to adjust to his new position and make input into the zoning issue. Proposal 2: Use approximately two hours of each Committee of the Whole Meeting in discussing the zoning ordinance. The problem with this proposal is that most Committee of the Whole Meetings have a long agenda and it would be difficult to add two hours to each meeting. Proposal 3: Devote whole meeting night to discussing (1) Residential Text, (2) Business Text, (3) Special Provisions, (4) Map, (5) Conduct a Public Hearing. This would be a hard schedule on regular Committee of the Whole nights. These meetings would have to be special meeting nights. Proposal 4: Using Committee of the Whole meeting or special meeting nights discuss subjects as referred to in Proposals 2 and 3, and address: (1) Planning Commission recommendations; (2) Issues brought up at the informational Public Hearing of March 9, 1981; (3) Other issues /concerns not identified at the hearing of March 9, 1981 but which emerge as a result of on -going discussions. Councilman Saul said the Council will start meeting on Tuesday nights rather than Monday nights in May. He said he would suggest that a meeting be held on Monday nights to discuss the zoning ordinance and then use what time might be available on Tuesday night at the Committee of the Whole meeting. Councilman Bohrer said he did not want to wait until May to start discussing the zoning ordinance. He suggested the Council start the discussion by having a meeting on the fifty Monday of March. Council President Van Dusen said several Council members would be on a trip to Japan on that date and he doubted a quorum would be present on March 30. Councilman Phelps suggested the adoption of Proposal 2 and eliminate a meeting on March 30, 1981. AGENDA ITEM INTRODUCTION At its regular February meeting, the Planning Commission voted to recom- mend council approval of the subject rezone action. Ex- hibit "A" describes the site boundary for which the zone classification would be changed from R -1 to C -2. Exhibit "D" describes the site in its neighborhood context. CITY OF TUKWILA PLANNING .DIVISION CITY COUNCIL STAFF REPORT The rezone action is moti- vated by the applicant's wish to develop a "fast -. .food" franchise restaurant with drive -up window on the site (see Exhibit "C "). The restaurant project it- self will require more ex- 1 tensive environmental inves- tigation before it is . presented to the Board of Architectural Review. Thus, the Planning Commission is recommending at this time. ,rat,_. � ▪ at � � *6 R : -. • cZt C -2 " ... I" 654 • �� 11 c. ▪ • • • \ M� 74:47. g, -. ) y GM 4 P OM 1. , 1 1 • • i 1 legislation PLANNING COMMISSION REVIEW The westerly 25' of the rezone area (above elevation 25') is extremely steep (see Exhibit "E ") and wooded. The remainder of the site is relatively flat and marshy and rests 3 -5 feet below adjoining street level. During the Planning Commission's review, staff proposed that the rezone boundary be designated at the toe -of -slope (approximately elev. 25'), in recognition of the domprehensive plan environmental policy to discourage :development on slopes exceeding 20%. The Commission chose instead to impose the following stipulations: Page -2- 1) Placement of fill material allowed to the westerly toe -of -slope as it now exists without cutting of daid slope, and that the finished grade of the project be consistent with that of the adjoining proper- ty to the south. 2) 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. We are not certain that the Commission's proposed stipulation affords adequate protection of the slope area, which is designated on the Comp. Plan as an area of enviornmental sensitivity. We suggest, therefore, theat the condition be reworded to establish the toe -of -slope as the rezone's westerly boundary. RECDIMENDATION Staff recommends that the City Council approve reclassificatf n from R -1 -7.2 to C -2 of the Shimatsu property as described in blaster File 81 -5 -R, subject to the following stipulations, and that the City Attorney be instructed to pre- pare the appropriate doucments to effect said rezone action. 1) The westerly -limit of the rezone area shall be revised so as to terminate at or before the toe -of -slope (approx. elev. 25' M.S.L.D.) as said toe -of -slope elevation existed on 26 FEbruary 1981. Exhibits "A" and "B" of this application shall be revised prior to final Council action on the rezone's site. 2) 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. City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development PLANNING COMMISSION Minutes .of the regular meeting of 26 February 1981. The meeting was called to order at 8:03 p.m. by Chairman Richard Commissioners Arvidson, Sowinski, Avery and Orrico were present. Staff present were Mark Caughey, Acting Planning Director and Al Pieper, Building Official. APPROVAL OF MINUTES MOVED BY MR. SOWINSKI, WITH MR. ORRICO'S SECOND TO APPROVE THE MINUTES OF THE 29 JANUARY 1981 PLANNING CC[MffSSION MEETING AS PUBLISHED. PASSED UNANIMOUSLY. CITY COUNCIL ACTIONS A) Schneider /Nilsen Rezone - Mark Caughey reported that Council stands ready to approve the rezone as recommended by Commission, except for minor revision to one stipulation. B) Proposed Zoning Ordinance Draft #4 - A public hearing on this document will be held before the Council on 9 March 1981 at the Committee -of- the - Whole. The Commission is encouraged to be present to lend guidance to the Council throughout their review sequence. PUBLIC:ARING A) Apfication 81 -3 -R ( - Requesting change of zoning classification from R -1 -7.2 to C -2. Property located on the west side of Southcenter Parkway at Minkler Blvd. Mark Caughey read the staff report, and presented a drawing depicting refined topographic information about the site. The applicant's revised study demonstrate that the toe -of -slope is closer than originally, supposed to the westerly boundary. Chairman Kirsop closed the public hearing at 8:40 p.m. Page -2- "'anning. Commission � ,J February 1981 Chairman Kirsop opened the public hearing at 8:14 p.m. Mrs. Akiko Shimatsu, trustee for the property owner, explained the perceived economic impact on the property owner which might result from reducing the rezone boundary as suggested by staff. In response to Mrs. Avery's question, Mrs. Shimatsu indicated that the property will be filled. Jim Paul, Architect for the project, explained the revised topographic drawing, and the slope relationships proposed for parking area grading configuration. He demonstrated that the west -to -east finished site slope will be relatively flat. Mr. Orrico asked Mrs. Shimatsu to re- explain her Statement that reducing the property area will reduce the owner's income. Mr. Arvidson then suggested that the property area remain unchanged by reducing the depth of the site back to toe -of -slope while increasing simultaneously the width of the site as necessary. This option was found unworkable by the applicant. The Commission then discussed the grade relationship to the "Zach's" restaurant site which will result from filling of this property. Chairman Kirsop indicated that if the westerly toe -of -slope was filled slightly, rather than cut, and if the grade adjoining "Zach's" was relatively the same, the impact should be minimal. MOVED BY MR. ARVIDSON, WITH MR. SOWINSKI'S SECOND, TO RECCI%IEND TO THE CITY COUNCIL THAT APPLICATION 81 -3 -R, BE APPROVED SUBJECT 1D 1-LE FOLLOWING STIPULATIONS" 1) PLACEMENT OF FILL MATERIAL ALLOWED TO THE WESTERLY TOE -OF- SLOPE AS IT NOW EXISTS WITHOUT CUTTING OF SAID SLOPE, AND THAT THE FINISHED SLOPE OF THE PROJECT BE CONSISTENT WITH THAT OF THE ADJOINING PROPERTY TO THE SOUTH. 2) 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. NOTION CARRIED UNANIMOUSLY. B). Application 81 -5 -R Ik(Sunwood) Requesting change of zoning classification from R -3 to R -4 to allow phase III development of a condominium project on the west side of 62nd Avenue. The staff report was presented, followed by introductory remarks by Dick Gilroy representing Pacific Townhouse Builders. Chairman " the public hearing. at 8:55 p.m. Mr. Orrico inquired about the height relationship of Phase III buildings to Phase I. Mr. Gilroy explained that owners of lowest -story Phase I units have been notified that roof lines in Phase III will be no more than 6' above their floor level, through use of flat roofs. The devel- opers intent is to preserve Phase I views. Mr. Sowinski asked for clarification of those conditions which were not satisfied, causing invalidation of the original rezone. Sandra Breslich asked if 62nd will be the principal access route to Phase III. There will be no access from the west. Staff also restated that adequacy of open space has not yet been determined; a tree retention plan will also be devised. Page -3- lanning Commission 26 February 1981 Ivor. Sowinski stated his opinion that the area is overbuilt, and that Phase III has little useful open space. He questioned the proposed density of 20 DU /AC, although the site is adjoined by other R -4 properties. In response to Mr. Orrico's question, it was determined that Phase III residents would be entitled to use the clubhouse /pool and recreation facilities of Phase I. General discussion ensued about the unit floor area measurements, selling price and Phase I sales pace. The public hearing was closed at 9:06 p.m. ?'IJVED BY MR. ORRICO, WITH MR. SOWINSKI'S SECOND, TO RECOMMEND TO THE CITY COUNCIL THAT THE SUNWOOD PHASE II REZONE, APPLICATION 81 -5 -R, AS DEPICTED ON EXHIBIT "A" AND AS DESCRIBED ON EXHIBIT "B", BE RECLASSIFIED FROM R -3 TO R -4, SUBJECT TO CONDITIONS AS FOLLOW: 1) OVERAL RESIDENTIAL DENSITY PERMITTED ON THIS SITE SHALL NOT EXCEED 20 D.U. /ACRES. 2) ANY PROJECT PROPOSED ON THIS SITE SUBSEQUENT TO CITY COUNCIL APPROVAL OF THE SUBJECT REZONE ACTIN SHALL REQUIRE BOARD OF ARCHITECTURAL REVIEW OF SITE, ARCHITECTURE AND LANDSCAPING DETAILS PRIOR TO ISSUANCE OB BUILDING PERMITS. MOTION CARRIED UNANIMOUSLY. BOARD OF ARCHITECTURAL REVIEi1T A) Simco Sign Co. - Requesting additional signing at 100 Andover Park West. Al Pieper read the staff report, followed by a presentation by Leonard Swanson. A graphic depiction of the proposed signs was displaced. It was noted that the two proposed signs cannot be seen simultaneously from either street frontage. The intent of these signs is to facilitate identi- A general discussion intensity. B) Sign Works - Avenue. Page -4- � Ranning Commission _.�6 February. 1981 fication of the building from its principal roadway access points. The con- cept of substituting a free- standing sign in lieu of the Building -face signs proposed was also discussed. MOVED BY MRS. AVERY, WITH MR. SOWINSKI'S SECOND TO APPROVE TWO BUILDING - MOUNTED SIGNS OF 128 SQ. FT. EACH, WITH THE STIP[JLATION THAT THE FIVE EXISTING SIGNS ON THE SITE BE REMOVED. MOTION CARRIED, WITH MR. ORRICO DISSENTING. followed regarding control of sign illumination Requesting additional signing at 12620 Interurban Al Pieper read the staff report, and presented a large -scale diagram of the sign proposal. There was no one present to speak on behalf of the project. MOVED BY MR. ORRICO, WITH MR. ARVIDSON' S SECOND, TO DENY THE ADDITIONAL SIGNING APPLICATION. M(7TION CARRIED UNANIMOUSLY. Having concluded its agenda, the Commission adjourned at 9:45 p.m. Tukwila Planning Commission Eileen Avery Secretary • CITY.OF TUKWILA WASHINGTON ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY. OF TUKWILA, WASHINGTON, RECLAS- SIFYING CERTAIN LANDS FROM" R-1-7.2 TO C -2 AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE 81 -3 -R WHEREAS, a Declaration of Non - Significance was granted by =tile City's SEPA • Responsible Official oriFeb -, ruary 10, 1981, under City File EPIC- 156 -81, and WHEREAS, said Declara- tion of Non - Significance per- tains only to the legislative act of rezoning and reserves • the City's' option to conduct • separate environmental re- , .view for any project pro- : posed. subsequent to . the grant of the rezone; and • ;WHEREAS,. the Planning Commission, : at .a regular meeting on February 26, 1981, • after conducting a public hearing, has recorh- mended approval of the re- zone request subject to compliance with two stipule- tins; and ..WHEREAS, the. . City • Council has duly considered the environmental signifi- cance of the proposed re- . zone-action, the recommen- dation of the Planning Com- ' mission, and the alternative recommendation' presented by the Planning Department Staff at the. City Council Committee . of the .Whole Meeting of March 16, 1981. NOW, ,THEREFORE, • THE CITY COUNCIL.•OF THE CITY OF TUKWILA, .WASHINGTON, DO'OR- DAIN AS FOLLOWS: Section 1. The real pro- perty which is the subject of this ordinance is described in the attached legal descrip- • tion (Exhibit B) and is shown on the attached site map (Exhibit A). Section 2. After reviewing • the documents set forth. In Planning Department Mas- ter File 80-38-R, and having heard materials presente by, the property':g 1 w � ner's presentative; the.City Coun; cif makes, the following find- 'Inds of.fact A. The `real ' property; ;': which is the subject of this • rezone request, is described in Exhibit B. It is now zoned R -1-7.2 .. B. The proposed 'zoning classification of C -2, as shown on Exhibit A, is gen: "erally'; consistent .with the Comprehensive Plan. .. • C. The proposed' rezone action will net he injurlous to the peace, safety, health or general welfare of the com- munity •nor injurious to pro -: perty.value' in the Immediate vicini Section 3. Based on these findings of fact, the Council 'makes the.following'conclu= sions and conditionsrelating to and restricting the subject real property:.: . A. The zoning classifica- tion of. the real • property. • described in Exhibit B and as shown on Exhibit A Is hereby 0,0140 from R- 1:7.2'to`C 2. B.-Any development of the • . • property hereby rezoned will not involve 'cutting'. into the hill beyond the: toe -of- slope: (approximate elevation of 25 tt. MSLD). Placement fill material shall be allowed in the C -2 zone; provided that the tinished grade of the fill is : consistent with that of the adjoining, property to the south.' C, Any project proposed . on this site subsequent to City Council approval, of the ' subject rezone '. action shall • require Board of Architectur= 'al Review: of `site, architec- T tyre,'grac�ipg and Iandscap- '�detaila f u anQe. of building permits. Section .4: The . 'zoning, ; .l map. . adopted •by reference by Ordinance No.' 251 is pi hereby amended to reflect f�` the - changes by the rezoning r;; action taken in . this ',ordi- nance, y >: Settion 5. ,The'. City Clerk . :(; is directed to record a copy ;.;f of this ordinance and attach -' :. ments with the King County Department of Records and fu` Elections, upon, receipt of N: : written authorization to do so • by the property owner. `•.. Section 6. The conditions and restrictions contained in this ordinance shall, be co - "•r' venants and restrictions run- 'ring with the land and shall be binding on the owners,.:;: their heirs, successors and assigns: ,: PASSED BY= THE CITY f;;' COUNCIL OF THE CITY OF TUKWILA; k; at a regular meeting thereof i; this 20th day of April; 1981. ,Frank Todd ':•;? Mayor • ATTEST: Maxine Anderson City" Clerk Approved as to Form Lawrence E. Hard City Attorney, , .... EXHIBITS A'AND B AVAIL- ABLE AT CITY'. CLERK'S OFFICE. ` ' ' • Published in the Daily. Re- I cord :Chronicle : April''24, er 1981. T1657 '1 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. N1iehe1,e.RO.e being first duly sworn on oath, deposes and says tha h® is the Chief 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 isa Ordinance 1210 m1W1 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 24 day of April ,19 81 ,and ending the day of ,19 , 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 $51.30 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 April , 19 81 V.P.C. Form No. B7 Rev. 7.79 Chief Clem 28 day of Notary Public in and for the State of Washington, residing at.,li 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. IY1 /I,P/c Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. Miehe1e.. * e being first duly sworn on oath, deposes and says that,ghg.. is the ...Ch1.0...C1,e.rk 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-Meeting Ti638 as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period of consecutive issues, commencing on the 12 .. day of February , 19 ...81..., and ending the day of ,19 , 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 $..16..2Ovhich 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. ...February V.P.C. Form No. 87 Rev. 7 -79 , 19....81 Chief Clerk Subscribed and sworn to before me this 19 day of Notary Public in and for the e of Washington, residing at.irset, King County. 15e2113.14 — 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. N f /,6) INTRODUCTION The Planning Commission is hereby requested to consider a request from Mrs. Akiko Shimatsu to rezone approximately 0.90 acres on the west side of Southcenter Parkway from R -1 -7.2 to C -2. See Exihibit "D" for a more precise description of the proposed rezone's neighbor- hood setting. The rezone action is motivated by the applicant's wish to develop a "fast- food" franchise restaurant with drive -up window on the site (see Exhibit "C ") However, the restaurant project itself will re- quire more extensive environmental investigation before it is presented to the Board of Architectural Review. Thus, the Planning Commission is requested to act only on the rezone legislative action at this time. FINDINGS CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM • (81 -3 -R) Shimatsu Rezone 1) The subject rezone area is currently zoned R -1 -7.2 by the City's original Zoning Ordinance #251. 2) The rezone area is designated for "Commercial" uses on the comprehensive land - use plan. 3) The Planning Commission, in its Draft #4 zoning text and map, recommends continu- ation of R -1 -7.2 uses on this site, with R -1 -12 use above the steep westerly toe - of- slope. The westerly 50' of the rezone area (above elevation 25') is extremely steep (in excess of 40%) and heavily - wooded. The remainder of the site is relatively -flat and marshy and rests 3 -5 feet below adjoining street level. Page -2- (81-3-R) Staff Report 5) A Declaration of Environmental Non - Significance was granted on 10 February 1981 for the legislative act of rezone only. The City reserves the right to require a separate environmental assessment for any project proposed subsequent to the grant of rezone. CONCLUSIONS 1) Commercial use of the rezone area is consistent with the Comprehensive Plan. In fact, the Comp. Plan. recommends that "Commercial" uses extend all the way up the slope to the I -5 margin. Frankly, staff questions the wisdom of the Comp. Plan. in this instance, and believes that the Commission's "Draft #4" recommendation of large -lot residential zoning above the toe -of -slope is more in keeping with the environmental sensitivity of the land. 2) The proposed C -2 rezone classification is inconsistent with the Commission's Draft #4 recommendation of R -1 -7.2 zoning west of Southcenter Parkway. However, we believe that the higher - intensity use - category is justified, due to the estab- lished commercial /industrial character of surrounding land -uses and the accessi- bility of the site to the "business - arterial" street system of the Southcenter area. 3) The western boundary of the proposed rezone extends well up -land from the toe -of- slope. We conclude that to approve a commercial designation above the base of the slope would encourage intensive development encroachment upon lands exceeding a 20% gradient, in violation of policy 1, objective 3 of the "Natural Environment" section of the Comprehensive Plan. Approval action to intensify use of the rezone area will have negligible environ- mental consequences. However, we anticipate that its subsequent use as a fast - food restaurant site may have serious environmental consequences on traffic safety, air quality and the City's storm drainage network. Therefore, actual review of the restaurant project should be undertaken by the Board of Architec- tural Review once the environmental investigation process is complete. RECD MENDATION Staff recommends that the Planning Commission recommend to the City Council that the Shimatsu Rezone, Application 81 -3 -R, as depicted on Exhibit "A ", and as described on Exhibit "B ", be reclassified from R -1-7.2 to C -2, subject to conditions as follow: 1) The westerly -limit of the rezone area shall be revised so as to terminate at or before the toe -of -slope (approx. elev. 25' N.S.L.D.) as said toe -of- slope elevation existed on 26 February 1981. Exhibits "A" and "B" of this application shall be revised prior to final Council action on the rezone ordinance to reflect toe-of-slope as the west -most boundary of the rezone's site:. 21 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. ZONING PLAT AP Z,. ,o' LOTI N SOUTHWEST CORNER NE 4. 3w 4 , SEC. Et, T E ?N, RAE N 0 NOTE: A PORTION OF dtIRVE RECORDED LNDER . AUDITOR '.s FILE N.. 11O0$L09oOI 0 h PLANNING DEPT EXHIBIT M.F. LEGEND • 1/2" rebar with I -D Cap and 2" x 3" white guard stake ® Tack in lead plug O Previously `set corners ;REZONE 0.89 Acres j • Calculated position FROM R I f 3 3; t h o= TO 'C2 ' h h b ^ N h SCALE l'imm=100 MERIDIAN : KCA.S, n ! - r15' UTILITY EASEMENT � -- - SO/°06:Aew No • . N 0I.05'A"E • /303.71 3 Z Ailerhiz4or mew= r4,0W14, sec as, r 4 3 LEGAL DESCRIPTION Lot 2 That portion of the Northeast quarter of the Southwest quarter of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington, lying westerly of Southcenter Parkway and lying easterly of Interstate Highway Five (5), described as follows: Commencing at the Northeast corner of said Northeast quarter of the Southwest quarter; thence N 88 °05'42" W 701.10 feet to the Westerly margin of said Southcenter Parkway; thence along said Westerly. margin S 01 °08'45" W 10.65 feet; thence continuing along said margin S 01 °115'23" W 1305.71 feet to the intersection with the South line of said Northeast quarter of the Southwest quarter; thence westerly along said South line N 87 °55'53" W 621.98 feet to the Southwest corner of said Northeast quarter of the Southwest quarter; thence along said South line of the Northeast quarter of the Southwest quarter, S 87 °55'53" E 371.94 feet to the point of beginning; thence continuing S 87 °55'53" E 250.04 feet to a point on said Westerly margin of Southcenter Parkway; thence along said Westerly margin N 01 ° 05'23" E 155.00 feet; thence N 87 °55'53" W 250.04 feet; thence S O1 °05'23" W 155.00 feet to the point of beginning; a portion of survey recorded under Auditor's File No. 8008209001. EXHIBIT R>.INTCD LINE � - ENC.I_c»UF',r (1•0' Hi e01 krsm. ; C`(tLOHE FENCE W/ WCX)D e1. i\TE• •I • M 1 • • • • • • • • • • • • • • • • • • • • • • • N • • • 55 as se • s • • • M N 1 • • • • • 7 3 -w -- 0 N '\ Q tW �o Iu T W W (IT ONLY 0 •� • g 19PCIF- - 1D GO��C L1J[ ItLaUTrez. C9MTED - • c*ILY' 2A.01 EQCoE Of PAVGMGJT —J7/1.1 LIIJC� t T . 10.+TE cNLy a; L, IGWTED iItN � � ±IIt11 50uT+{C FNTEIL PARKWAY y 4 4 ' ° Cold 511t - - -- SAN map PLANNING DEPT EXHIBIT calculations CITY OF TUKWILA OFFICE' OF COMMUNITY DEVELOPMENT FINAL DECLARATION OF NON - SIGNIFICANCE Description of proposal Rezone from R -1 to C -2 Proponent The Food Group, Inc. Location of Proposal Southcenter Parkway @ Minkler Blvd. Lead Agency City of Tukwila File No. EPIC- 156 -81 This proposal has been determined to Q!not have) a significant adverse impact upon the environment. An EIS ODNiis not) required under RCW 43.21C.030(2)(c). This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency. Responsible Offici Position /Title Acting Planning Dior ZVIO/ SI Date COMMENTS: 11 This Declaration -of Non Significance is issued for the Legislative action of rezone only. A Seperate Declaration will be required for any project proposed on this site subsequent to the rezone approval Mark Caughey Signature ' B.L.S.P.A. Architects 800 Securities Bldg. Seattle, WA. 98101 Attn: Wm. Olson City of Tukwila Planning Division 6200 Southcenter Boulevard Tukwila, Washington 98188 433 -1845 Office of Community Development Subject: SEPA threshold Determination (EPIC - 156 -81) Enclosed is a copy of the Threshold Determination for the Shimatsu Rezone Application, and for the proposed Wendy's take -Out restaurant on Southcenter Parkway. A Declaration of Non - Significance for the legislative action to rezone the property only is also included. Please note that the Public Hearing before the Planning Commission for the Rezone Application 81 -3 -R will be held at 8:00 Pro, Thursday 26 February 1981 in the Council Chambers of City Hall. Please plan . to join us at that time. cc: A. Shimatsu Coldwell- Banker The Food Group Caughey Associate Planner 10 February 1981 ING DEPT. Threshold Determination Shimatsu Rezone (81 -3 -R) , and ' Wendy's" Restaurant The environmental checklist submitted in conjunction with the proposed rezone of 0.89 acres on Southcenter Parkway from R -1 to C -2 has also been reviewed in support of the proposed take -out restaurant to be built on the site subsequent to the grant of rezone. We have reached the following conclusions regarding the adequacy of in- formation furnished: Adequate -- To determine the impacts of the legislative act of rezone from residen- tial to commercial use. Inadequate -- To fully assess the implications of constructing a take -cut franchise restaurant on the rezone site. Recommendation regarding rezone action: Responsible official should issue a Declaration of Non - Significance for the legis- lative action of rezone, with the stated intent to pursue further environmental investigation of the Wendy's Restaurant project. Declaration of Non - Significance should be based on the following findings: A) Rezone action is consistent with Comprehensive Plan and its anticipated impacts. B) Emerging commercial character of the area surrounding the proposed development. Recommendation regarding " Wendy's" restaurant project: Prior to completing threshold determination, the applicant should provide additional research on the following points: The information should be provided in reasonably sufficient detail for the City of Tukwila, as lead agency, to determine the environ- mental significance of your project. Information should be formatted in a manner which discusses the source and magnitude of each potential impact, and then identi- fies possible mitigation measures and feasible alternatives to off -set that impact. Checklist Section II -1 Earth Response to questions B C indicate substantial encroachment upon the adjoining slope area and disturbance of stable vegetation. This occurs despite advice to ap- plicants that such encroachment on a designated environmentally - sensitive area will require waiver approval by the City Council. The following information is required: -- Grading Plan Depicting existing and proposed contours, elevations at top -of -curb, property corners and finish floor; limits of fill activity, source and quantity of fill materials to be placed on site. Page -2- Checklist Section II -2 Air Justify "no'! response to questions 2(a) and 2(b), especially in relations to localized air quality deterioration affects associated with use of a drive -up window. Analyze quantitatively the component automobile pollution products (especially carbon monox- ide and sulfur oxides) generated during peak -hour use of the proposed project, and compare the resultant figures with local air quality attainment standards for the Tukwila /Southcenter area as published by the Puget Sound Air Polution Control Agency (PSAPCA) . Checklist Section II -3 Water Justify "no" response to questions 3(b) and 3(c) -- The Public Works Department has identified the local drainage facilities available to this project as inadequate in capacity and function. The department has requested, therefore, a comprehensive storm drainage study including calculations for assessing on -site storm water reten- tion capacity. Also discuss the impact of site - paving on ground water recharge. Checklist Section II -4 Flora Justify "no" response to quesiton 4(a); provide inventory of all vegetation to be removed above toe -of -slope at west end of site. Checklist Section II -7 Light F Glare Provide catalogue illustration and specifications for parking area lighting fixtures for security review by Tukwila Police Dept. Checklist Section II -13 Transportation Provide justification for "no" responses to questions 13 (a) , (b) , (c) , & (f) by pre- paring a quantitative traffic analysis of project- generated vehicle movements: Discuss safety of proposed curb cuts in relation to geographic proximity of railway crossing and other nearby driveway openings. Discuss impact of project - related traffic on service level of Strander /South- center Parkway intersection. Justify adequacy of queing space provided for drive -up window. Checklist Section II -15 Energy Justify "no" response to question 15(a) by analyzing increase incidence of auto- motive fuel consumption associated with peak -hour customer use of the drive -up window. Page -3- The foregoing information must be presented for the responsible official's review before further analysis of the Wendy's project can go forward. MC /blk site plan William Olson, Jr. 800 Securities Bldg. Seattle, WA 98101 Dear 'Sir: Transamerica, Title Insurance Services 2 Union Pacific Railroad Company Property Tax Department 7878 Wadsworth Blvd. Arvada, CO 80003 (Tax Account No. 262304 - 9116 -35) 3. J.C. Penney Properties, Inc. Regional Tax Office P.O. Box 4015 Buena Park, CA 90624 (Tax Account No 262304 - 9081 -02) Transamerica Title Insurance Company Box 1493 10635 Northeast Eighth Street Bellevue, Washington 98009 (206) 628-4661 VARIANCE REPORT Order No. 645148 Charge: $200.00 The following list of names and addresses are property owners within a 300 foot radius of: The Northeast 14 of the Southwest 3 in Section 26, Township 23 North, Range 4 East W.M., lying West of Southcenter Parkway; EXCEPT that portion thereof lying Northerly of the following described line: Beginning at a point of the West line of the Northeast of the Southwest 34 of said section, 155 feet North of the Southwest corner thereof; thence East parallel with the South line of the Northeast 3 of the Southwest of said section to a point on the West line of Southcenter Parkway and the terminus of said line; Situate in the County of King, State of Washington. 1. Akiko Mikami Shimatsu, Trust for Masao Mikami under Declaration of Trust dated February 17, 1971. 16813 South Center Parkway Seattle, WA, 98188 (Tax Account No. 262304 - 9069 -08) - continued- FSH /er Page 2 Records examined to December 22, 1980 at 8:00 A.M. Order No. 645148 4. Takumi Mikami 16813 Southcenter Parkway Seattle, WA 98188 (Tax Account No. 262304 - 9071 -04) 5. Jack A, Benaroya Company, Inc. 5950 - 6th Avenue South Seattle, WA 98108 (Tax Account Nos. 262304 - 9079 -06, 262304- 9066 -01, 262304 - 9024 -02, 262304- 9120 -05 and 812520- 0410 -03) 6. William C.L. Wiese and Dorothy M. Wiese 13119 - 42nd South Seattle, WA 98168 (Tax Account No. 812520- 0360 -03) 7. Virginia 0. Davidson % Anderson 13849 - 18th Avenue S.W. Seattle, WA 98166 (Tax Account Nos. 812520- 0390 -07 and 812520- 0400 -05 TRANSAMERICA TITLE INSURANCE COMPANY MASTER I AAD DEVE CIPML T APPLICATION FORM Lr7USTIAG ZONING a RIS/UESTED ZONING PROPOSED REZONE SITE IS WITHIN TUR3VILA CITY LIHITS EXISTING ZQJING CLASSIFICATION AND USE OF WRRQUADING PARCELS: UNE NORTH 21 SOUTH C Z EAST CM WEST R.1 SUPPLENE!;.TARY QUESTIONAIRE i:tduie E REZONE APPLICATION C2 AYES dP USE L Adzat ' /yoec 'ens /avr7 Re7 Sa✓M 0/70¢v %pccl USES PROPOSE) TO BE DEVELOPED ON PROPOSED REZONE SITE 2e Lawray», ffl 74) Gvy-i 4�i u�- 7f�ir cv r? 4Vt v ACCESS TO TIE PROPOSED REZONE SITE IS FROM A DEDICATED, DKPROVED PUBLIC RIGHT -OF- WAY RAJ YES ONO. (If "ND", please describe haw the site is accessed PRONISIQiS TO BE MADE FOR ADEQUATE SEWER AM) WATER SERVICES flde7Vafe Aa /ides exie/4 i:7 67otoli ceh74er AartEu. / City d 1%akwila opc ta+r+aer &Wpm' liars tralivir •�aa WST . um Nausea APPLICATIaI Russ IC E: Ruse write legibly or type all teq ast i information -- !_a■piete application willl a t be Steepled for prscrssi3S. ( SLCTIM I. GENERAL DATA crr. a'rarwmrw + • • �lciko Shimatsu MUEN NE :(206) 243 -3859 ZIP: 98166 WE same as 1 tmoNmE ) same as 1 : same as 2 1) t,PPLICANT•s was 2) APPLICANT'S ADORE 427 Sir: 154th 3) PROPERTY OMER'S 4) nonanr ONIEIVS AipRESSsame as 2 S) ICCATICN OF PROJECT: (geographic or lepi descrip.) NMI PAGE: 344 6) NAME OF PROJECT(OPTIONAL) f SECTION II: PROJECT DSO MATIO 1 7) BRIEFLY resLTt= THE PROJECT trot PROp06E: Ground lease to a national restaurant chain on lot No., : , No present project on Lot No.1. 2 & 3. 1) DO YoJ PROPOSE TO DEVELOP THIS PROJECT IN PHASES! 9) PROJECT DATE a. NET ACZuS 0.89 Lot 4 b. GROSS =ES 3.64 Lots 1, 2 & 3 •. e. NOT. ARE1 ONBACE six.2650 SQ. a►vnc 28.100* . Pr. • 10) DOES THE MENAGE SLOPE OF THE sits EXCEED 101! 11) EXISTING ZONING R1 12. EXISTING CCNP.PLNI 13) IS 'MIS SITE MIGRATED rat SPECIAL GW ATIOHY a THE CITY'S IPAIROI El. RAE NIP 14) if t1UJ 11191 TO NAVE Mims OF CITY mIRF.sP0 ENCE, STAFF WORTS. OR ODER DOat+EVIS SEW TO ADDRFSm ow THAN APPLICANT OR PRIPIR Y ens, PLEASE DOICA1E W. Sob Schofield a. Is .O: Coldwell Banker ma Park Place. Seattle, b. 1t 1411 Olsop ' � ties Bldg t PA Arc t. Seattle, Elms Gate 36 regular sta c. PARHING PALM pped a gar c n c ap. at OF warm= 1 window. Mann 3000 ' SQ. FI. 5000 sg /ft in exst. 0.S DIG D area s all ive -:.n 8101 Transamerica C Title Insurance Services errs. F 7 William Olson, Jr. 800 Securities Bldg. Seattle, WA 98101 EXCEPTIONS: Transamerica Title Insurance Company Box 1493 10635 Northeast Eighth Street Bellevue, Washington 98009 (206) 628 -4661 LIMITED LIABILITY REPORT A. General taxes, as follows, together with interest Tax Account No. Year Amount Billed 262304- 9069 -08 1980 $362.47 (Covers property under search and other property) - continued- RECEIVE brzo 2 1 €CO BALZHISER, LON W ^^0, Sigh P" li & AS5u(i \TES Order No. 645148 Charge: $200.00 Tax: $ 10.60 Total: $210.60 This is a report as of December 22, 1980 at 8:00 A.M., covering the property hereinafter described. The information contained herein is restricted to the use of the addressee, and is not to be used as a basis for closing any transaction affecting title to said property. Liability is limited to the charge made for this certificate. DESCRIPTION: The Northeast 34 of the Southwest 34 in Section 26, Township 23 North, Range 4 East, W.M., lying West of Southcenter Parkway; EXCEPT that portion thereof lying Northerly of the following described line: Beginning at a point of the West line of the Northeast 3 of the Southwest 3 of said section, 155 feet North of the Southwest corner thereof; thence East parallel with the South line of the Northeast 3 of the Southwest of said section to a point on the West line of Southcenter Parkway and the terminus of said line; Situate in the County of King, State of Washington VESTED IN: AKIKO MIKAMI SHIMATSU, Trustee for MASAO MIKAMI under Declaration of Trust dated February 17, 1971; after delinquency: Amount Paid $362.47 • 2. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: City of Tukwila, a municipal corporation Matt Mikami, as his separate estate, Akiko Mikami, as her separate estate, as to an undivided one -half interest, Yaeko Mikami, as her separate esta as to an undivided one -half interest, Kiyoto Mikami, as his separate estate, Takumi Mikami, as his separate estate, and Hanako Yanagawa, as Trustee under deed of trust dated July 22, 1960, executed by Akiko Mikami, recorded October 13, 1960, under Recording No. 5212350 April 10, 1968 May 6, 1968 6343884 City to receive easement for utility mains and lines over the West 15 feet of the East 21 feet of the parcels of real property described, City agrees to construct at its cost and expense an extension of the ten inch water main now located on the East side of street to extend the same Westerly across said street to the margin of the property near the North boundary of the Matt Mikami property, further agrees to extend the crossing of said water main at some other location on said street in accordance with its comprehensive plan to the end that an ultimate tying in of the system will occur between the properties on the West side of said street and the properties on the East side of said street, City agrees as part of the construction and improvement of South Center Parkway (57th Avenue South) to extend the existing twelve (12) inch sanitary sewer line now located on the Easterly side of said street to the Westerly side of said street at or near the Southerly boundary of.the property of Hanako Yanagawa without payment of any further charges for the extension of such lines, City agrees to construct as part of the development and improvement of South Center Parkway (57th Avenue South) a 12" storm drainage line within the easement area herein granted, extending from the Northerly margin of Grantor's property Southerly to the Southerly margin of Grantor's property. Grantee agrees to also construct five 12 tie -in -lines extending such drainage Easterly across South Center Parkway (57th Avenue South) to the storm drainage line paralleling South Center Parkway on the East side thereof. (Affects property herein described and other property) Between: And: Dated: Recorded: Recording No.: Regarding: Page 2 - continued - Order No. 645148 FSH /er 3. Declaration of Trust by Akiko Shimatsu, dated February 17, 1971 and recorded February 22, 1971 under Recording No. 710222 -0428. NOTE 1: This report is made solely for the purpose of determining the status of property and cannot be used as the basis for any sale, mortgage, litigation or other action affecting said property. Liability is limited to the sum paid therefor. 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