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HomeMy WebLinkAboutPermit 81-21-R - LYNCH / DREW - XEROX PHASE II TEMPORARY PARKINGI4I1 bMW %tnitcet.frEK 8L 1.4mti4 REZONE X 1t 115144fbre4y ViteAlCIt4& COMPREHENSIVE PLAN AMENDMENT COMPREHENSIVE LAND USE PLAN AMENDMENT City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor Joseph Lynch & Co. 10800 N.E. 8th St., Suite 604 Bellevue, WA 98004 Subject: Xerox Phase II Temporary Parking REZONE This letter is intended to authorize construction of thirty (30) temporary parking stalls on that property commonly referred to as the Xerox Phase II site, as described on the diagram dated 10- 22 -81. However, this authoriza- tion to proceed is limited by the following stipulations: A) Compliance with the provisions of your letter of understanding dated 2 February 1982. B) No removal of specimen trees (evergreens exceeding 6" tr. dia. or deciduousvarieties exceeding 10" tr. dia.) is authorized at this time, as a comprehensive tree removal /rentention plan must be . approved by the Board of Architectural Review, per the property use and development agreement accompanying Ordinance 1231. C) Pavement material shall be asphalt instead of crushed rock. D) Runoff from the temporary parking area shall be configured to surface -drain to the existing rention system on the Phase I site. Restriping of compact car parking stalls on the Phase I site is authorized provided that no more than thirty percent of total on site parking is dimensioned at "compact" standards. Thanks for your cooperation; please advise me when you expect to begin construction of the temporary facility. MC /blk xc: Building Official Planning Director Public Works 17 February 1982 Tukw' P1•nning Dept. Ma k Caughey Associate Planner CITY OF TUKWILA +r PLANNING DIVISION u' is CITY COUNCIL is STAFF REPORT AGENDA ITEM 6c • 81 -21 -R -- P &L Co. INTRODUCTION At the Planning Commission Meeting of 23 July 1981 the P &L Company's request to rezone 3.1 acres north of the Xerox Building on Southcenter Boulevard from R -3 to C -2 was recommended for approval subject to the following stipulations: 1) Property owner shall provide an instrument which meets the approval of the City Attorney providing: A. Development of the property under the C -1 classification shall be limited to a single office building which may contain related non - retail service uses customarily incident to office use. B. Setbacks and width of formal landscape areas shall be as depicted on Exhibit B of Application 81 -21 -R. 2) Approval of the rezone application shall be predicated on prior or concomitant approval by the City Council of a Comprehensive Plan amendment for this site to "Office" designation. 3) Development plans, including but not limited to site, elevation, landscape, and building materials shall be subject to review and approval of the Planning Commission sitting as a Board of Architectural Review. The Board shall review a comprehensive native tree inventory prepared by the applicants, with the intent of saving as many trees of good health and significant size as possible. The Board shall also analyze off -site noise impacts on adjoining land uses and require adequate mitigation of such impacts, through use of a masonary sound barrier or other effective means. The Board shall also ensure that adequate control of off -site visual privacy intrusion and lighting glare into the single - family area is provided. 4) Decorative landscape areas shall be served by automatic irrigation equipment. 5) Those revised exhibits presented at the 23 July 1981 Planning Commission meeting resulting from citizen input and presented by the applicant shall be considered binding pursuant to this rezone. 6) Ingress and egress via 65th Avenue South is not approved as part of this rezone, but shall be subject to separate consideration by the B.A.R. Specific discussion of the land use issues related to this rezone application may be found in the enclosed Staff Report and excerpt from the Planning Commission STAFF REPORT - Cit ' ouncil 7 August 1981 Page 2 minutes. The purpose of this cover memorandum is to clarify certain aspects of the Commission's decision which may not be readily apparent from the record. As you are aware, this rezone action is submitted in conjunction with an amendment to the Comprehensive Plan to redesignate the site from residential to office usage. The Comprehensive Plan Amendment Application (81 -22 -CPA) is already pending before your Council; logic would dictate that the Comprehensive Plan amendment would have to be decided favorably before a decision is made on the rezone. STIPULATION 5 First, Stipulation 5 refers to a revised exhibit presented at the Public Hearing. This exhibit (C -lst revision) is not included in your packet as we were not able to obtain a reduced -scale version thereof in time for publication. We shall be prepared, however, to display the original at your meeting and explain its content. In essence, the revised exhibit was prepared by the project architect to address specific concerns of building height, setback, and orientation raised by nearby residents who participated in the hearing process. Also included in the exhibits mentioned under Stipulation 5 is a document contain- ing several proposed conditions of approval in the format of a contract rezone. Stipulation 1 gives the City Attorney the authority to negotiate property use and enforcement provisions for this application. It is the attorney's opinion that a contract rezone is not desirable; rather, rezone stipulations should be recorded as deed restrictions running with the land in context with the approval ordinance passed by Council. Both the City Attorney and the Staff object to the word "binding" in Stipulation 5, and suggest its deletion. Certain items in the proposed document are not acceptable as they are presently- worded; therefore, we wish to eliminate any verbage which restricts the City Attorney's ability to negotiate in the City's best interests. We should mention at this point that negotiations relative to the items described under Stipulation 1 are proceeding; it is expected that the City Attorney will be prepared to report thereon verbally at Tuesday's meeting. ACCESS During the hearing, it was suggested that a formal easement document should be prepared granting perpetual right -of- access to the P &L Company site from Southcenter Boulevard through and across the Xerox property. This easement would lock -in the principal access corridor to the site as a property- right, rather than as a lease -hold provision, relieving potential pressure in the future to open site access from 64th Avenue South. The easement document appearing in your packet has been reviewed by the City Attorney and contains adequate protection of the site's access right from Southcenter Boulevard. • A 7908 A s ti City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor PLANNING COMMISSION Minutes of the regular meeting of 23 July 1981. The meeting was called to order at 8:05 P.M. by Chairman Pro -Tem Orrico. Commissioners Arvidson, James, and Sowinski were present. Due to the absence of Chairman Kirsop, Mr. Orrico was selected as Chairman Pro -Tem for the evening. Staff present: Brad Collins, Planning Director; Fred Satterstrom, Project Planner. APPROVAL Or MINUTES MOVED BY MR. ARVIDSON, WITH MR. JAMES' SECOND, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF 25 JUNE 1981 AS PUBLISHED. MOTION CARRIED. CITY COUNCIL ACTIONS A) Proposed Zoning Code Draft #4. Mr. Collins reported that, although the staff and Council are meeting weekly to review the document, progress is slowing. Height and zoning map issues have not been resolved, and some administrative matters are also in dispute. However, the review schedule should be complete about 17 August 1981. PUBLIC HEARINGS A) Application 81 -21 -R: (P&L Co.) - Requesting rezoning of 3.1 acres at the northwest quadrant of Southcenter Blvd. and 65th Avenue South from R -3 to C -1. Mr. Collins presented the Staff Report, noting that recommended Condition 1 has been suggested to read: "Property owner shall provide an instrument which meets the approval of theCity Attorney for items under (A) and (B)." The City Attorney is working with the applicants' attorney to resolve this matter. Richard McCann, representing P &L Company, made some remarks regarding delibera- tions with the City Attorney and then introduced Project Architect Omer Mithun. Mr. Mithun presented slides depicting changes in the project made since last meeting. He described their forthcoming efforts to use custom - designed land- scaping as buffer between the project and the residential neighborhood to the north. Individual adjacent owners will be consulted in planning the landscape solution for that part of the P &L property which adjoins their lands. He reaffirmed their intent not to use 64th Avenue South, now or in the future, as a project access corridor. Discussion followed regarding height, placement of mechanical equipment, hours of operation and dust control. In response to Commissioner Arvidson, Mr. Mithun stated that they will encourage use of Southcenter Boulevard as the principal access point for the project, although secondary access to 65th Avenue will be provided. 1 Minutes of Planning Corssion Meeting held 23 July 198' Page 2 PUBLIC HEARINGS - Contd. A) Application 81 -21 -R: (P &L Co.) - contd. Mr. Orrico declared the Public Hearing open. There being no comments from the audience, the Hearing was closed at 8:45 P.M. Mr. James noted that the Commission is asked to consider the rezone action only; landscaping and parking area layout should be reviewed separately by BAR. Mr. Collins called the Commission's attention to Recommended Condition 1 (B) estab- lishing setbacks and width of landscape areas. MOVED BY MR. ARVIDSON, WITH MR. SOWINSKI'S SECOND, THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL APPROVAL OF APPLICATION 81 -21 -R SUBJECT TO THE FOLLOWING COMMISSION: 1) PROPERTY OWNER SHALL PROVIDE AN INSTRUMENT WHICH MEETS THE APPROVAL OF THE CITY ATTORNEY PROVIDING: A. DEVELOPMENT OF THE PROPERTY UNDER THE C -1 CLASSIFICATION SHALL BE LIMITED TO A SINGLE OFFICE BUILDING WHICH MAY CONTAIN RELATED NON- RETAIL SERVICE USES CUSTOMARILY INCIDENT TO OFFICE USE. B. SETBACKS AND WIDTH OF FORMAL LANDSCAPE AREAS SHALL BE AS DEPICTED ON EXHIBIT B OF APPLICATION 81 -21 -R. 2) APPROVAL OF THE REZONE APPLICATION SHALL BE PREDICATED ON PRIOR OR CONCOMITANT APPROVAL BY THE CITY COUNCIL OF A COMPREHENSIVE PLAN AMENDMENT FOR THIS SITE TO "OFFICE" DESIGNATION. 3) DEVELOPMENT PLANS, INCLUDING BUT NOT LIMITED TO SITE, ELEVATION, LANDSCAPE, AND BUILDING MATERIALS SHALL BE SUBJECT TO REVIEW AND APPROVAL OF THE PLANNING COMMISSION SITTING AS A BOARD OF ARCHITECTURAL REVIEW. THE BOARD SHALL REVIEW A COMPREHENSIVE NATIVE TREE INVENTORY PREPARED BY THE APPLICANTS, WITH THE INTENT OF SAVING AS MANY TREES OF GOOD HEALTH AND SIGNIFICANT SIZE AS POSSIBLE. THE BOARD SHALL ALSO ANALYZE OFF -SITE NOISE IMPACTS ON ADJOINING LAND USES AND REQUIRE ADEQUATE IIiTI.GATION OE SUCH IMPACTS:;_THROUGH USE OF A MASONARY SOUND BARRIER OR OTHER EFFECTIVE MEANS. THE BOARD SHALL ALSO ENSURE THAT ADEQUATE CONTROL OF OFF -SITE VISUAL PRIVACY INTRUSION AND LIGHTING GLARE INTO THE SINGLE - FAMILY AREA IS PROVIDED. 4) DECORATIVE LANDSCAPE AREAS SHALL BE SERVED BY AUTOMATIC IRRIGATION EQUIPMENT. * John Richards, audience, objected to the motion as made, characterizing it unrespon- sive to the concerns of the adjoining property owners expressed verbally and in writing at the June meeting. Mr. Mithun reminded the Commission that in his presentation he had attempted to respond to each of the resident's stated concerns. Mr. Collins referred to the document prepared by P &L Company's attorney which contains specific rezoning stipulations. He noted that the City Attorney is reviewing this document, as already provided in Stipulation 1, and that he will offer his recommendation to the Council when the rezone is transmitted. Mr. Orrico stated that the recommendation to Council as contained in the Motion was based on revised exhibits submitted this evening. The record indicates ample evidence that the project has been modified based on the community's input. Mr. Richards asked that the modified exhibits as well as the contract rezone documents be referenced in the approval motion. MOVED BY MR. JAMES, WITH MR. SOWINSKI'S SECOND, TO AMEND THE PREVIOUS MOTION TO INCLUDE THE FOLLOWING STIPULATIONS: 5) THOSE REVISED EXHIBITS PRESENTED AT THE 23 JULY 1981 PLANNING COMMISSION MEETING RESULTING FROM CITIZEN INPUT AND PRESENTED BY THE APPLICANT SHALL BE CONSIDERED BINDING PURSUANT TO THIS REZONE. Minutes of Planning Cgr Meeting 23 July 1981 l Page 3 PUBLIC HEARINGS - Contd. A) Application 81 -21 -R: _P &L Co.) - contd. 6) INGRESS AND EGRESS VIA 65TH AVENUE SOTUH IS NOT APPROVED AS PART OF THIS REZONE, BUT SHALL BE SUBJECT TO SEPARATE CONSIDERATION BY THE BOARD OF ARCHITEC- TURAL REVIEW. MOTION CARRIED. *MAIN MOTION AS AMENDED CARRIED. Mr. Mithun expressed his concern that elimination of the easterly access point may jeopardize the project. Fred Satterstrom noted that the project's Comprehensive Plan approval motion requires notification of property owners when the project comes before BAR. Their concerns will be further addressed at that time. 8) Application 81 -24 -R: (Schneider Homes) - Requesting change of zoning classification from R -1 to C -1 for 0.62 acres northwest of the intersection of Southcenter Boulevard and Christensen Road. Collins presented the Staff Report. Commissioner Arvidson stated that he would abstain from voting on this application due to a possible conflict of interest, resulting in a question as to whether or not quorum was present. Chairman Pro -Tem Orrico, after consulting Roberts' Rules of Order, determined that a quorum of the Commission was present, subject to further review by the City Attorney, if necessary. Richard Wilson, attorney, was present on behalf of the applicant. Mr. Wilson described the project as a two -story office building of 12,000 square feet adjacent to their existing office building. It is the applicant's intent to relocate his residential construction business office to the new building, leaving greater space in the existing building for use by the present tenant. Access to the building is afforded by way of 65th Avenue South using the existing curb -cut. Although this proposal is similar to the one rejected by the Planning Commission two years ago, it is less- intrusive, reducing grading impacts and avoiding the need for a street vacation action. Mr. Wilson then pointed out the advantages to the neighboring property of an office building as an adjacent use. He stated his position that this proposal is consistent with the Comprehensive Plan and is not a case of spot zoning. Mr. Orrico opened the Public Hearing at 9:30 P.M. Mr. Collins read into the record two letters in opposition to the rezone. The first was dated 29 June 1981 from Lee and Madge Phillips, the second from Al and Erma Hinkey dated 21 July 1981. John Merrick, adjacent property owner, explained the history of past development on this site. A similar rezone request by Mr. Schneider two years ago was opposed by 92 signatories to a petition. In 1967, the residents obtained an injunction against the City from issuing a building permit for a 32 -unit apartment development on this R -1 site. INTRODUCTION The applicants are requesting approval of a rezone from R -3 to C -1 for 3.1 acres ancillary to the existing Xerox Head- quarters site. While detailed analysis of site development is usually reserved for action subsequent to zoning approval, Exhibit B describing the site layout for a proposed office project and parking area, and Exhibit C, describing the site in several cross - sectional per- spectives are presented for informational purposes at this time. AGENDA ITEM CITY OF TUKWILA PLANNING .DIVISION PLANNING COMMISSION STAFF REPORT • 81 -21 -R P & L COMPANY FINDINGS 1. The Comprehensive Plan designates the major portion of this site as "medium density residential." An insignifi cantly -sized portion of the northeast corner is designated for single - family use. For practical purposes, medium density seems to be the prevailing classification of use. 2. Properties to the south of this site appear on the Comprehensive Plan as an "Office" designation; to the west, "high- density residential" predominates. "Low density" site designations appear to the north, while "open space" is found on the east across 65th Avenue (Tukwila Park). 3. Per Exhibit B, the average slope of the property is from west to east at a rate of about 9 -11 percent. 4. According to the "Data Inventory: Tukwila Planning Area," the site consists of till soils over bedrock. Till soils are defined as a compact mixture of sand, gravel, and clay which are normally 1 to 4 feet deep and poorly drained, (See, Chapter V. of the "Data Inventory "). In this area, the till soils are apparently underlain by bedrock, probably basalt. The depth to bedrock is not known at this time. 5. Many large deciduous and coniferous trees are found on the site. Firs and cedars of 12 " -36" diameters and large apple, maple, willow, and alder trees are found in various groupings on the site. (Exhibit B locates some of the trees proposed for retention. P & L COMPANY Page 2 6. Sanitary and storm sewers are available to this parcel as is water service and all are deemed adequate to support commercial development. 7. The C -1 classification permits a height limit of two and one -half stories and 35 feet. There is no front yard or side yard setbacks, except in certain cases. The rear yard, in this case, would be 10 feet per the C -1 classification require- ment. 8. The Comprehensive Policy Plan contains the following policies regarding develop- ment of office buildings in proximity to residential uses: - "Commerce /industry ": Objective 4, Policy 1, "Encourage the use of commercial office developments as buffers between residential land uses and other land uses." - "Commerce /industry ": Objective 4, Policy 2, "Commercial office developments should consider the adjacent use districts in the design process." 9. Since the proposed C -1 development is adjoined by R -1 uses, the special screen- ing and setback requirements of TMC 18.56 will apply upon approval of the re- zone. 10. Access to the site is provided directly to 65th Avenue on the east and in- directly to Southcenter Blvd. through the Xerox property. No direct site access is planned to the single family area on the north. 11. Per Exhibit B, the proposed office project contains 50+ parking spaces: in. excess the number required for the new development. CONCLUSIONS 1. To effect the proposed rezone, an amendment to the Comprehensive Land Use Plan to "office" uses must be approved prior to or concurrently with the action to rezone. 2. The proposed rezone appears to offer the potential for consistency with Comprehensive Plan policies regarding office development near residential projects. 3. The proposed reclassification to the C -1 zoning district must be tempered through restriction of allowed uses and site development standards to com- plement both the Comprehensive Plan and the changing architectural character of Southcenter Blvd. office development. A. USE: The majority of uses authorized under the C -1 zoning classification are commercial /retail activities which are generally inconsistent with the residential "buffering" intent of the Comprehensive Plan. Recordation of a deed restriction limiting use of this site under C -1 zoning to office use only may be appropriate. P & L COMPANY Page 3 B. SETBACKS: The proposed site plan, Exhibit B, indicates setback dimensions well in excess of those required by C -1 zoning or for that matter by the existing R -3 classification. The indicated setbacks were established by the project proponent after preliminary planning discussion with the staff. We consider them to be the minimum setbacks necessary to achieve adequate buffering of the adjoining residential neighborhood from the noise and visual privacy intrusion potential of the anticipated office usage. Exhi- bit B should be referenced in the rezone ordinance to ensure that adequate setback relationships are maintained, even if the applicants or their suc- cessors should revise the site plan prior to issuance of building permits. C. TREE PRESERVATION: While the applicants appear to be willing to retain significant existing trees on the site, a comprehensive tree location inventory should be prepared for future review to assure that the most desirable specimens are incorporated into any formal landscape plan. D. PLAN REVIEW: Assignment of the Board of Architectural Review requirement is essential to ensure site and building design complementary to the surrounding area and to buffer.the residential district. 4. Rezoning of this site from R -3 to C -1 may alter significantly the anticipated traffic routing pattern on the immediately adjacent street network. We sug- gest that the circulation system impacts of the rezone may produce a net - positive result in the following areas: A. DIRECTIONAL SELECTION: If the site developed as a multi-family complex under present R -3 zoning, it is logical to assume that access would be provided both to 65th Avenue South and to 64th Avenue South. There would be little justification for channeling residential traffic through the Xerox parking area to attain a second access from Southcenter Blvd. There- fore, development under existing R -3 zoning will almost surely result in direct infusion of multi - family project traffic into the single - family use area to the north, exacerbating congestion potential on the relatively narrow rights -of -way on 64th Avenue and South 153rd St. Conversely, the related office usage between this rezone site and the existing Xerox proj- ect results in a logical, mutual linkage of their internal circulation paths to the Southcenter Blvd. commercial corridor. Direct access from the office complex to the adjoining residential district is not warranted. B. USE INTENSITY PERIOD: Multiple- family traffic intensity tends to remain fairly constant over a longer period of the day than is the case with a comparably scaled office project which operates primarily during weekday business hours. While more vehicles may enter and leave the office proj- ect between 7 a.m. and 6 p.m., Monday- Friday than might happen in a com- parable 4 piex development, activity drops off drastically during the evening /weekend hours when quiet is more essential to the comfort of the adjoining residential district. The proposed office usage presents the opportunity to intensify on -site traffic activity during those hours when daytime population in the single - family neighborhood is lowest, and acti- vities therein are least susceptible to noise disruption. P & L COMPANY Page 4 5. The proposed parking area is intentionally oversized to accommodate overflow de- mand from the Xerox project. While it may be wise, froma public safety viewpoint, to provide a safe, organized alternative to the haphazard, informal overflow park- ing practices now occurring at Xerox on a regular basis, we remain concerned about the implications of transferring the congestion and noise impacts of that overflow to a point in closer proximity with an established residential neighborhood. To counteract the noise problem, we suggest serious consideration of a masonary bar- rier extending the length of the parking area's west and north boundaries. A typical barrier can be designed in several ways and can be made quite attractive through a variety of surface texture treatments. They are particularly effective in intercepting intermittent noise incidents such as the closing of a car door. It is the intermittent sound impact which is usually most noticeable and, there- fore, most likely to disturb a nearby listener. Eight feet above adjoining grade on the noise source side of the sound wall is usually sufficient to produce ade- quate attenuation of line -of- travel impacts on the opposite side of the wall. (rcolcm. Q -1 FeWee a p s ww.. µE1GilT ) RECOMMENDATION Based upon the Findings and Conclusions contained in this report, staff recom- mends the Planning Commission recommend that the - City Council approve the rezone classification from R -3 to C -1, according to Exhibits A, B and C of application 81 -21 -R, with the following conditions: 1. Property owner shall record a deed restriction and covenant running with the land providing: A. Development of the property under the C -1 classification shall be limited to a single office building which may contain related non- retail service uses customarily incident to office use. B. Setbacks and width of formal landscape areas shall be as depicted on Exhibit B of Application 81 -21 -R. 2. Approval of the rezone application shall be predicated on prior or concomit - tant approval by the City Council of a Comprehensive Plan amendment for this site to "office" designation. 3. Development plans, including but not limited to site, elevation, landscape, and building materials shall be subject to review and approval of the Planning P & L COMPANY Page 5 • Commission sitting as a Board of Architectural Review. In its review, the Board shall review a comprehensive native tree inventory prepared by the applicants, with the intent of saving as many trees of good health and signi- ficant size as possible. The Board shall also analyze off -site noise impacts on adjoining land uses and require adequate mitigation of such impacts, through use of a masonary sound barrier or other effective means. The Board shall also ensure that adequate control of off -site visual privacy intrusion and lighting glare into the single - family area is provided. 4. Decorative landscape areas shall be served by automatic irrigation equipment. EXHIBIT A Lying in the southern part of Lot 17, Interurban Addition to Seattle, bounded on the North by a line parallel to the North line of said Lot 17, recorded in Volume 10, page 55, of plats, records of said county, more properly described as: The south 210 feet (measured along the west line thereof) of Lot 17, records of said county, TOGETHER WITH right of way of present driveway leading thereto (19'2 "); The above containing a total of 3.1 acres., more of less.' a THE MITHUN ASSOCIATES ARCHITECTS & PLANNERS 2000 11211-I AVENUE N E BELLEVUE. WASHINGTON 98004 206 454 3344 W 0 z N co CUP.RL'NT ZONE: R 3 pitormeO ZONE: c-1 SOUTHCENTERr'( TUKWILA PARKWAY VICINITY MAP 1 ' . 2 ' l f 3, 17. s SUBJECT PROPERTY C=1 DDDDD • L n ANDOVER INDUSTRIAL PAR Tl! eat * fl II C15 '1. t* •• �14Y1 lr I$ MM. Nt u w. 4,1 1344 PROJECT FOR P & L COMPANY 1 t J.stlss • tl• t J .ction A•A 4 ti 1 is 4' PROJECT FOR P&L 'COMPANY 4 O=setlos C PLANNING DEPT G� EXHIBIT M.F. bos om o Z u. ✓ V 7 .� O s e -d d env' y-D1� MITHUN ASSOCIATES A:;.E-cTS & • BANNS ?S :0 112TH AVENUE. N E EE:.EVU_. WASHINGTON 425. 206 45.4 3344 CURRZNT ZONE: R-3 rfzoro Z.ONE: c -I ?.aHCENTER 9 TUKWILA PARKWAY VICINITY MAP PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 1 5398A/221A/LEH i 1 r - - -- Q icte I �i 1 1 f recoraea unaer ring .ounty uivision uL nec:uLub and Elections No.Wjo V, as amended amendment recorded under No. 00cSlR' • D ANDOVER IND TRIAL PAI Tl 1 - 1 / 1 • , �� ;1. ;1 ; ;ir 1 1.5'1%. Z • :11111iiir Ililll w' ig I r.. ea - OZ - t pv47.1 2 enZ.121Q1i.101 [ 11 ; 1 \ e dnl hNU01)(5 - � N VO 611 ( • Cif ,1 CITY OF TUKWILA WASHINGTON ORDINANCE NO /°Z 3 I • AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RECLASSIFYING CERTAIN LANDS FROM R -3 TO C -1, AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE NO. 81 -21 -R. O O %.O O 0 O WHEREAS, on June 8, 1981, P & L Company, a Washington op General Partnership, filed a petition to have certain property in which it had a substantial beneficial interest, reclassified from the residential -three and our family dwellings (R - zone to neighborhood retail stores (C -1) zone as provided under the zoning laws of the City of Tukwila; and WHEREAS, said petition was processed by the Planning Depart- ment of the City of Tukwila under File No. 81 -21 -R; and WHEREAS, the Planning Commission of the City of Tukwila held a 'public hearing to consider the reclassification petition on June 25, 1981; and WHEREAS, as a result of information presented at the June 25, 1981 public meeting, the Planning Commission coptinued the hearing to July 23, 1981 in order to prepare certain restrictions and conditions on said property to be acquired of petitioners as a condition of the granting of the reclassification petition; and WHEREAS, the Planning Commission approved the granting of the reclassification, subject to the terms and conditions of a "Property Use and Development Agreement" to be executed by petitioners; and WHEREAS, the City Council has reviewed File 81 -21 -R, has heard the petitioners and their representatives present data at two meetings of the Council, and has considered the recommendation of the Planning Commission and the recommendation of the Planning Department, NOW, THEREFORE, the City Council of the City of Tukwila, Washington, does ordain as follows: O O O co Section 1. The real property which is the subject of this ordinance is described in the attached legal description (Exhibit A) and is shown on the attached vicinity map :(Exhibit B.) fact: Section 2. The City Council makes the following findings of a. The real property, which is the subject of this rezone request and described in Exhibit A, is currently classified residential - three.and four family dwellings (R -3). b. The proposed zoning classification of neighborhood retail stores (C -1) is generally consistent with the map of the comprehensive plan, as amended. c. The proposed rezone is consistent with the policies of the comprehensive plan providing for office development as buffer zones between residential areas and commercial areas, providing that certain conditions and limitations are placed on use of the property. d. The proposed rezone, subject to the terms and conditions contained herein, is in the interest of the public health, safety and general welfare. Section 3. Based on these findings of fact, the Council makes the following conclusions and conditions relating to and re- stricting the subject real property. a. The City and the petitioner shall execute a "Property Use and Development Agreement" substantially the same as the agreement attached to this ordinance as Exhibit C. b. The petitioners and other affected property owners shall execute a "reciprocal easement" in the form of such easement attached to this ordinance as Exhibit D. c. Terms and conditions of the Property Use and Development Agreement dated 9/4/81 from P & L Company in favor of the City of Tukwila shall be binding on the subject real property, regardless of any change in zoning classification. Section 4. The official zoning map of the City of Tukwila, adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes of the zoning reclassification action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and exhibits with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, th at a regular meeting thereof this Z15 day of ATTEST: S Appoved as to F m Ci= Lawr n E. Hard a or Published Record Chronicle - September 20, 1981 1981. O O O O TOGETHER WITH: TOGETHER WITH: REAL PROPERTY DESCRIPTION All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by Ring County Survey, No. 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in Ring County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North frog: Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. Road and utility easement granted by James S. Huntington and Helen Diane Huntington to Lessor recorded under Ring County Division of Records and Elections No. 7910240948 , as amended amendment recorded under No. 7910180588 . EXHIBIT A O O O EXHIBIT C - ORDINANCE / .23 PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation (herein called "City "), by the undersigned owners of the within - described property (herein called "Owners "): W I T N E S S E T H: O CD WHEREAS, Owners are persons owning the fee simple and /or cJ having a substantial beneficial interest in the following described real property (herein called the "Property "): Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. TOGETHER WITH: All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. TOGETHER WITH: Road and utility easement granted by James S. Huntington and Helen Diane Huntington to Lessor recorded under King County Division of Records and Elections No. as amended amendment recorde under No. r-iii::,)/ %e.: IP . PROPERTY USE AND DEVELOPMENT AGREEMENT - Page 1 5398A /221A /LEH • THE MOTHUN /S COATIS • AIC JOTG©TS • 2000 112TH AVENUE ft E. •ELLEVUE. ' WASHINGTON 90004 . 404 • 3344. - �cr .rivrr�i -coo 8110010600 .r lof or poem id 11 . t�•.r'+4,1. 7utl•N.�'frf47'!ri'f.7:$ Y.ii�'.+}�''n i•t:. v.,1 7nL elt +e0„,A; .' . ��fti7v:�t: -�./, .L:wt r .. ..•.�w' ri'd'!';b Mo'nid PLANNING DEPT EXHIBIT _A .G 1.5f.0_ M.F. • EN- 21 -14 .wrc'• � A ` A. I. -. - - -- FKrivuo fan* for 4i•Z0•DI mice Toro/ NHM Fes' oeRsrtr •r- 1101 _ - Or01'!�r16DIAf fr r1UpfiHf 440. etrovicry 1, IIo 8110010600 . Ora L5145-- _1_111.44' Iti.4 0 1 l 114 1 4. 14 /-1 14 • AoUtN SITE SECTION . THE NOTHISH ASSOCIATES TES - AR CHOTI CTS 2000 112TH . AVENUE N. E. BELLEVUE. WABNINGT6N 99004 454.2311 le- eGivig■GN3 PLANNING DEPT EXHIBIT M Osir z of M F 81- ZI -1s ( .4g)_ Oa. 4, Ow P•••• 61...••• ai ammo") ■.a. mg-a/WE.. •••••) • V=Ar me.r.0 WEST ELEVATION r.42- 4 ! MIA , im Ma =MM I 1 a nUmuswasUMWAWarrnettiMemse•001110101 alin=1.10.111=nti 3111111 EAST-WESTk SECTION A-A ® r•o• purp • 1..1 II I a' magi . • .1.! • NORTH ELEVATION 1 • BilEEMENESE 11111111111101111ERF 1 rraEdie1 pajtvcr. i III NZ !ilia Egg 6.• ■• • 8110010600 „. fa Oruoljuri PLANNING DEPT EXHIBIT M.F. o : 11 3 © cg 4 SOUTH ELEVATION .....■ra•n••!•- - - • E M. F. I - 1 - EAST ELEVATION NORTH-SOUTH SECTION 6-6 41•• ts" 100/00....• 8110010600 r . (46* ) • no MO. IZAVA :::•===•••••••10 -•-•-•41*/ n•tri .•••■■•••••■ I arm., ••••■•:::' 1 ounions Eli pummuninu • n•••• AIII•••• •••• •••••••• 11.11•1•••■ ne .) gwoo awn Ps 1 1 ,.•••••-•?..4 ,,.. .. .•-•■■•1,K SY SAIS MIMI n+4 Moo. • a or • 'W *1‘.“. • 11.6.!".■• • NKr A7 RECIPROCAL EASEMENT AGREEMENT C This Reciprocal Easement Agreement is made and entered into this /Q day of f6,. c7 , 1981, by and between ROBERT E. LEE and EVELYN LEE, also known as Evelyn T. Lee, husband and wife (herein collectively referred to as "Lee ") and P &L COM- PANY, a Washington partnership, composed of Joseph W. Lynch and Robert L. Paterson. Lee owns, in fee simple, and has leased to P &L Company, certain real property located in King County, Washington, described in Exhibit A attached hereto and by this reference CD incorporated herein ( "Lee Property "). CD 0 P &L Company has contracted, by Earnest Money Receipt & Agreement dated February, 1981, to purchase certain real prop- CD erty located in King County, Washington, adjoining the Lee CD Property described in Exhibit B attached hereto and by this reference incorporated herein ( "P &L Property "). CO In consideration of the mutual benefits and promises con- tained herein, 1. Lee hereby grants and conveys unto P &L Company a perpetual non - exclusive easement to use the Lee Property for the installation, operation and maintenance of underground and overhead utilities, including without limitation thereto, storm sewers, and for pedestrian and vehicular ingress and egress to and from, the P &L Property, and over and across the P &L Prop- erty to South Center Boulevard. 2. P &L Company hereby accepts and reserves said easement, as Lessee of the real property described in Exhibit A, for the benefit of the real property described in Exhibit B. Upon P &L's acquisition of the fee simple interest in the P &L Prop- erty, the easement reserved herein shall not merge, but shall continue and survive said acquisition, to the continuing perpetual and non - exclusive benefit of the property described in Exhibit B. 3. P &L Company hereby grants and conveys, to the extent of its present interest and any after acquired interest, an Easement unto Lee for use of the P &L Property for ingress, egress and parking for the benefit of the Lee Property. The parties shall each bear their own expenses of con- structing, reconstructing, operating and maintaining such roads, utility facilities and other improvements as are author- ized by this instrument and are used exclusively by such party. Any expenses relating to any roads, utility facilities or improvements used in common by the parties shall be borne equally. P &L Company, as current Lessee from Lee of the Lee Property, shall, at its own expense, construct and maintain the road on the Lee Property. Upon acquisition of title to the P &L Property, P &L Company shall, at its own expense, construct and maintain roadways and parking areas on the P &L Property accord- ing to P &L's plans and specifications. O 0 �.0 0 O O eJ The rights and obligations contained in this Easement shall run with, and b( 'fit and burden the land( Zescribed on Exhib- its A and B, as well as the owners thereo,:, to the extent of their present interest and any after acquired interest, and their successors, heirs and assigns. Robert E. Lee Evelyn 'e, also known as Evelyn T. Lee P &L COMPANY, a Washington partnership By J STATE OF WASHINGTON ) ss. COUNTY OF ) On this /o,t/ day of �. a Notary Public in and for tire/ State of missioned and sworn, personall appeared known to be the individual who executed going instrument, and acknowledged the his free and voluntary act and deed, for therein mentioned. .-cWITNESS my hand and official certificate, above written. • ,, •. mo ) ss. �``// ) On this /Clv day of STATE OF WASHINGTON COUNTY OF G. C . By Robert L. Paterson, General Partner seal the , 1981, before me, eral Partner Washington, duly com- ROBERT E. LEE, to me the within and fore - said instrument to be the uses and purposes ; .• /-1•7 , day and year in this NOTARY PUBLIC 41 and for t)'State of Washington,( residing at `/ /_, , 1981, before me, a Notary Public in and for the `State of Washington, duly com- missioned and sworn, personally appeared EVELYN LEE, also known as Evelyn T. Lee, to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, for the uses and purposes therein mentioned. C missioned and sworn, personally appeared JOSEPH W. LYNCH, to me CD known to be the partner of P &L Company, a Washington partner - 5 ship who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary J act ''and deed, as partner, for the uses and purposes therein mentioned. cD WITNESS my h d and official seal the ,( t and year in this c`rti s ate abov(mritten. .1),% L'4- • ,', NOTARY PUBLIC in and for t3i1 State \.. ., of Washington`, r siding at //I J \ � STATE'OF WASHINGTON ) ss. COUNTY OF ) _ On this D , day of . � , 1981, before me, a Notary Public in and for the State of Washington, duly com- :l Wil*SS my hand and official seal the day and year in this certifi above written. y C• STATE OF WASHINGTON ) ss. COUNTY OF • • ! NOTARY PUBLIC in and for tae, State,/ of Washington, re at ✓� %, On this �D day of C -tc.-ti i , 1981, before me, a Notary Public in and for the tate of Washington, duly com- missioned and sworn, personally appeared ROBERT L. PATERSON, to me known to be the partner of P &L Company, a Washington part- nership who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, as partner, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. L . Ar Y PU � IC'•. in for t NOTARY B an ) iState of Washington, residing at O O •.D O 0 0 Go • That portion of the WM. H. Gilliam Donation Claim No. 40, Township 23 North, Range 4 East, W.M., described as follows: Beginning 1336.78 feet West and 1501.50 feet North of the Southeast corner of Section 23, Township 23 North, Range 4 East, W.M.; thence East 250 feet; thence South 325.50 feet to North line of County Road No. 622; thence Westerly along said North line to a point South of beginning; thence North to beginning; EXCEPT por- tion conveyed to King County for Renton -Three Tree Point County Road by deed recorded in volume 1505 of deeds, page 486, under Auditor's File No. 2685209, records of said county. (Consisting of 101,155 square feet, more or less.) TOGETHER WITH: TOGETHER WITH: EXHIBIT A to Reciprocal Easement Agreement Dated: Between: leree /o, /9d/ Lee & P &L Company All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a ", lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Dona- tion Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. Road and utility easement granted by James S. Hunting- ton and Helen Diane Huntington to Lessor recorded under King County Division of Records and Elections No. 7910240948 , as amended , amendment re- corded tinder No. 7910180588 . 073081/2/0122R CD CD EXHIBIT B to RECIPROCA4 EASEMENT AGREEMENT Dated: G(9-rl, 7 /re/ Between: Lee & P &L Company Lot 17, Interurban Addition to Seattle, according to Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying north of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. �+c OXITIMN 'RCP's ReTAiNE.7 _� rys ¶N6 .iRAGfh G:E`�4 • 'J eV 4•z3 37' sk is Ilke I 616,111_0 Aa *alirin •..• e !� Y cexnFllA"7c a cot axier NG . NEW INAL17r14419 )0 e..av ° - cce maw. : Im15 >� a.4ro 2 Agra. 3l10SD - 27'14, ( L70 qux...v ,J xts4a4 5rb• '07 ptF4:0 o- 9 ' 9'E 1 U+412. 55t7b 152�ruc cc r►aac•• uw 3 F Q 171 pa:. w2.J ♦�.JV/ � :.400 f pp hCC y m 52 .27 2 I my. 200D- -112TH AVENUE N E. BELLEVUE. WASHINGTON 98004 PROJECT FOR P &L COMPANY PLANNING DEPT EXHIBIT K M F 81 -Z1 -K 454 3344 MASTER LAND DEVELOPMENT APPLICATION FORM FEES: RCPT. M.F. EPIC. NOTE: Please write legibly or type all requested information -- incomplete applications will not be accepted for processing. SECTION I. GENERAL DATA 1) APPLICANT'S NAME JosepFLW. Lynch. PartnelTELEPHONE: (206) 455 -2838 2) PLIGAIVT''S aRTss N. E. 8th St., #6042Ip 98004 Bellevue, WA. 3) PROPERTY OWNER'S NitE M/M George Drew TELEPHONE: (817) 275 -5482 4) PROPERTY OWNER'S ADDRESS1023 Greenbrier Dr. ZIP: 76013 5) LOCATION OF PROJECT: Arlington, Texas (geographic or legal descrip.) Contiguous and to the north of the Xerox Building, 6400 Southcenter Blvd.. 6) NAME OF PROJECT(OPTIONAL) P R I Cnmpa►iy - Phace TT SECTION II: PROJECT INFOPMATION 7) BRIEFLY DESCRIBE THE PROJECT YOU PROPOSE: Two story Garden Office Project consisting of•30,000 square feet. Land area approx- imately 135,n00 square feet 8) DO YOU PROPOSE TO DEVELOP THIS PROJECT IN PHASES? OYES NO 9) PROJECT a. NET ACRES 3.1 c. PARKING SPACES 152 b. GROSS ACRES - d. FLOORS OF CONSTRUCTION e. LOT AREA COVERAGE BLDG. 15.Q00SQ.FT. LANDSCAPE SQ. FT. PAVING SQ. FT. 10) DOES THE AVERAGE SLOPE OF THE SITE EXCEED 10%? O YES D NO 11) EXISTING :ONING R-3 12. EXISTING CUIP.PLAN R -3 13) IS THIS SITE DESIGNATED FOR SPECIAL CONSIDERATION OYES DNO 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. NN1E: Richard McCann ADDRESS: 1900 Washington Bldg., Seattl b. NAME: ADDRESS: OVER ■ e, SECTION III: APPLICANT'S AFFIDAVIT I, Joseph W. Lynch , being duly sworn, declare that I am the contract purchaser or owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this 6 day of • • residing DATE June 8. 1983 92Z 4:f7 ;r4454-44/Z1' Notary Pub ,i and for the State of Washington } SECTION IV: SUPPORTING MATERIAL REQUIREDIENTS TYPE OF APPLICATION EI EZONING El CONDITIONAL USE VARIANCE E psiv PLAN AlMEND1ENT E SHORELINE MGMT. PERMIT El WAIVER El SHORT SUBDIVISION E SUBDNISION O BINDING SITE IMPROVEMENT PLAN E ARCHITECIURAL REVIEW El LANDSCAPE REVIEW SUPPORTING MATERIAL ** SCHEDULE E, 1,2,3,4,5,9 {; SCHEDULE C, 2,3,5,9 SCHEDULE F, 3,5,9 SCHEDULE D, 2,3,4,5,9 SCHEDULE . B, 2,3,4,5,8 SCHEDULE A, 3,9,10 3,4,7 2,3,4,5,9 + ,12 . 9,10 11 * *SEE TABLE 1 FOR DESCRIPTION + OPTIO AL AT STAFF'S DIRECTION 7 TOM A. ALBINO B URROUGHS B. ANDERSON TTJ. DAVID ANDREWS . ARCHIE JOHN F ASLIN JOHN DANIEL SALLSACH CHRISTOPHER T. BAYLEY **DENNIS L. "STEVEN SCOTT SELL JOHN H. SINNS. JR. THOMAS L. ROEDER •BRUCE A. SOOKMAN ••WAYNE C. BOOTH. JR. J. PAUL COIF THEODORE J. COLLINS S RUCE D. CORKER RICHARD c. COYLE B RUCE MICHAEL CROSS CALHOUN DICKINSON JOHN D. OILLOW WALTER W. RYER GRAHAM H. FERNALD H. WESTON FOB• KEITH GIRRARD ROBERT E. OILES PAUL B. GOODRICH CHARLES C. OORDON RONALD 14. OOULD TTWILLIAM A. ODULD LAWRENCE S. HANNAN JAMES M HILTON HOLTAN. JR, DONALD 0. KAR1 ••EDWARD W. KUHRAU . LIESAKKIN DOUGLAS S. LITTLE STEVEN C. MARSHALL T•OUY R. MARTIN RICHARD E. McCANN S TEPHEN A. 1401110N M. MARGARET MCKEOWN THOMAS J. MCLAUGHLIN ROBERT S. MUCKLEOTONE J. SHAN MULLIN HAROLD F. OLSEN OMAR •. PARKER, JR. RICHARD OTTESEN PRRRRRR CHARLES 1 STONE F. THEODORE THOMSEN RICHARD S. TWISS TTDAVID E. WAGONER RICHARD E. WALKER WILLIAM S. WEAVER ANDREW M. WILLIAMS RICHARD E. WILLIAMS ROLAND WORTH J0141 R. PRICE OF COUNSEL WENDELL W. BLACK LUCIEN P. MARION LOWELL P. MICKELWAIT D EFOREST PERKINS COUNSEL Dear Mr. Farber: PERKINS, COIE, STONE, OLSEN & WILLIAMS Herbert G. Farber, Esq. 10604 N.E. 38th Place Suite 105 Kirkland, WA 98033 REM:br Enclosure cc: J. Lynch, B. Paterson M. Caughey 1900 WASHINGTON BUILDING SEATTLE, WASHINGTON 98101 TELEPHONE: 201•1.2.5770 TELECOPIER: 201.112.5714 CABLE "PERKINS SEATTLE" DOM TELEX: 32.0310 INT'L TELEXt 471123 ANCHORAGE OFFICE SURE 301 420 '1^ STREET ANCHORAGE. ALASKA •11501 WASHINGTON, D.C. OFFICE SUITE 1200 1110 VERMONT AVENUE. N.W. WASHINGTON, D.C. 20008 PLEASE REPLY TO SEATTLE OFFICE Ma TTJOHN D. ALKIRI 'ROBERT ► BAUER ••WIL /RID D. SENNETT RONALD L. •EREN /THIN CHARLES /. BERGEN "'MARC A. ROMAN PATRICIA L. BOWMAN MARY J. URODD ELIZABETH ROCKWELL BROWN STEVEN DARROW BROWN REX C. 'BROWNING ' J. SUNMAN ' RUCK D. F. CHIATUM EUGENE C CHILLI■ PAMELA COWAN •RISCILLA W. DERICK ELLEN CONIDIRA DIAL PAUL T. FORTINO RICHARD K. FREEDMAN •KAY GOUWENS S TEPHEN M. ORAMAM CHRISTOPHER P. HALL MICHAEL J HAVERS GREGORY A HICK' JEFFREY ALAN HOLLINOIWORTH KAY ANN HOOOLANO HEATHER S. HOWARD MARY ROSE NUGHE• VALERIE L. HUGHES RRY M. KAPLAN RLE• J. KAT2, JR. ALL ADMITTED TO PRACTICE IN WASHINGTON STATE EXCEPT • ALASKA BAR •• MEMBER ALASKA AND WASHINGTON •AR• T M .C, SAR TT D.C. AND WASHINGTON SARI Re: P & L Company's Comprehensive Plan Amendment (81 -22 -CPA); Tukwila Ordinance 1231 Joe Lynch, of P & L Company, has asked that I respond to your letter of April 12, 1982 to the Honorable Frank Todd, Mayor of the City of Tukwila, a copy of which was directed to Mr. Lynch. I expect that you have also received a copy of Mr. Mark Caughey's letter dated April 27, 1982, to Mr. Richards concerning this property. I have, however, enclosed a copy for your review. Very truly you s, � (c ichard McCann TSRENDA N. KELLEY STEWART 14. LANDIPELD JUDD 14 LEES LEEK • DAVID LIESERWORTH TELIZA•ETH S. 1ERRITT JENNIFER SUE MOROAN CATHERINE 14. T. MYRE ••CLARK REED NICHOL• JANE NOLAND RUSSELL L. PERISHO S HERILYN PETERSON THOMAS E. PLATT LAWRENCE S. RANSOM J. RIINOOLD RICHARD R, ROHDE MARK A. ROWLEY HEIDI L. SACH• GORDON A. •CHALLER HARRY M. •CHNEIDER. JR. . SLOANE E VELYN SROUFE E DWIN ■. STERNER ROBERT STOKI5..11. DIETER •TRUZYNA EY I. TILDEN •RICHARD J. TODD B ART WALDMAN NANCY WILLIAMS VERNON L. WOOL /TON, JR. •MARK P. WORCE /TER Please be assured that Joe Lynch and Robert Paterson, the principals of the P & L Company, have, and will continue to make every effort to meet the spirit and the letter of their approvals, permits and understandings with the City of Bellevue, and to satisfy all reasonable requests by adjoining property owners. Indeed, no action has been taken to date which violates the spirit or the letter of permits or agreements reached. I understand that the Board of Architectural Review will review the site plan for this property on May 27, 1982. In the meantime, if you or your client have any questions or concerns that can be directly addressed by P & L Company, or by me, please let me know. LAW OFFICES OF C _ & cY 10604 N.E. 38TH PLACE SUITE 105 KIRKLAND, WASHINGTON 98033 (206) 827.0616 City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Attention: Mayor Frank Todd Re: P & L Company Comprehensive Plan Amendment (81 -22 -CPA) Ordinance 1231 Gentlemen: April 12, 1982 OMB APR 131982 C; y OF T KWILA fiL NNING DEPT. The undersigned represents Mr. John Richards who resides at 15320 64th Avenue South Tukwila, Washington. His property is immediately adjacent to the parcel owned by P & L Com- pany who applied for and received a rezone from a (R -3) zone to a (C -1) zone, as authorized by the above - referenced ordinance. Mr. Richards has contacted me in respect to certain irregularities that have taken place in respect to the development that were not authorized by the ordinance and which have both occurred on the part of the City Planning Department and the developer. It is the intent of this letter to make known Mr. Richards feelings, which are shared by the other property owners in the neighborhood, to strickly enforce the terms and conditions of the Property Use and Development Agreement and to enjoin any unilateral changes that may be attempted without first having received notice and opportunity to be heard. History of Rezone Application On June 8, 1981 the P & L Company filed a petition to have 3.17 acres of property rezoned from a residential -three and four family dwelling (R -3) zone to a neighborhood retail store (C -1) zone. The property is located northeast of the Tukwila City Hall and lies between Mr. Richards resi- dence and the existing Xerox Office Building. The property is bounded on the east side by 65th Avenue South. After the rezone was filed and preliminary development and site plans were prepared by the P & L Company, Mr. Richards met with various property owners who owned property within three hundred feet of the subject parcel including Ellen Harding, Maxine and Wynn Anderson, Reed and Elaine Johanson and Kenneth and Joanne Thompson. All of the property City of Tukwila April 12, 1982 page 2 owners were concerned over the change in classification of the subject parcel as it had previously served as a buffer between the existing C -1 zoning and their single family residences. Mr. Richards who is a licensed architect and a former member of the Tukwila Planning Commission prepared an area site plan in addition to the site plan that was prepared by the P & L Company of only the subject property. This site plan together with a list of fifteen concerns identified and raised by various individuals in the community were presented to the Planning Commission at its first hearing on the matter on June 25th. The staff report that was presented essentially recommended approval of the rezone with certain conditions, one of which was the installation of a masonry sound barrier between the subject property and the three lots that are immediately adjacent to it. This requirement was objected to by the P & L Company who felt that a more prudent approach to the problem would be to contact each individual property owner and make arrangements with them as to the nature of the sound screening that would be appropriate. At that time verbal assurance was given that the P & L Company would contact the property owners to design the appropriate sound barrier for each of their lots. During the remainder of the meeting, representatives of the P & L Company and the members of the community discussed the proposals and the fifteen issues of concern that were presented. These principally dealt with the location of the building on the property, assurances that ingress and egress would not be sought on 64th Avenue South, issues relating to setback and the height of the building, preservation of the trees on the property and the placement of the parking lot. The Planning Commission continued the consideration of the application until its next meeting and requested that representatives of the P & L Company meet with the affected members of the community to attempt to "iron out" their differences and present an agreed upon development plan if possible. On July 22nd a meeting took place with members of the community and members of the P. & L Company wherein the above issues were discussed. Substantial concessions were made by the members of the community in respect to the location of the building, however, an agreement was reached which assured the community that ingress and egress would not be through 6 Avenue South and further that the P & L Company agreed to lower the building height and to City of Tukwila April 12, 1982 page 3 take the mechanical equipment off the roof of the proposed building. On the following day, July 23rd, the Planning Commission resumed its consideration of the rezone. The Commission accepted the "agreement" of the P & L Company and the adjacent property owners, who agreed not to further object to the rezone based upon the agreement as to the nature and extent of the proposed improvements and certain other conditions and requirements, and passed a resolution recommending the rezone. On August 25th and September 8th the City Council considered the rezone and on September 15th adopted ordinance 1231 by title only. The ordinance specifically required the owner of the property to execute a "Property Use and Development Agreement" as a condition to the reclassification of the land use which agreement operates as a covenant running with the land binding all successors and subsequent owners of the property. Moreover, the contract is expressly a third party beneficiary contract which is made for the benefit of the City and the benefit of owners of property with three hundred feet, and may be enforced by such property owners. Specific Provisions of Property Use and Development Agreement The "Property Use and Development Agreement" ( "agreement ") specifies that the use of the subject property shall be for the construction, operation, and maintenance of a single office building as shown by the plans and drawings submitted by the owner and which may only be modified by the Board of Architectural Review. At the time the agreement was entered into and the ordinance passed a final site plan had not yet been completed and therefore the agreement specified in paragraph 4 that a "site development plan" shall be submitted for review and approved by the City of Tukwila Planning Commission sitting as a Board of Architectural Review. The Commission's review shall include but not be limited to four specific considerations which include a comprehensive native tree inventory to be prepared by the applicant; and in this regard, the agreement specifies that the site development plan shall provide for the saving of as many trees of good health and significant size as appropriate and as approved by the Board of Architectural Review. City of Tukwila April 12, 1982 page 4 Because the final development plan was not known at the date of the inactment of the ordinance granting the rezone, Mr. Richards requested from the City Council that a provision be provided for in the ordinance that notifi- cation of the meeting of the Board of Architectural Review be given to all property owners entitled to have notice of the reclassification. The planning director, Mr. Brad Collins, responded that it was unnecessary to put such a proviso in the ordinance because as a matter of administrative practice all individuals owning property within three hundred feet of the subject property would receive notification of the Board's meeting. Action of P & L Company On or about March 24, 1982, without notice to any adjacent property owners, the P & L Company cleared a large section of land on the subject property and appeared to be installing an underground drainage system. This development action is contrary to the agreement in that a final site development plan has not been submitted to the Board of Architectural Review as specifically required by the agreement and that no notification to adjacent property owners has been given in respect to the proposed development. In this regard, it should be noted that §18.32.0 of the City of Tukwila Code specifically requires written approval by the Board of Architectural Review prior to the issuance of a building permit. Moreover, Mr. Richards has not been contacted by the P & L Company or any of their representatives in respect to the construction of a screening wall as specifically agreed to by the company and required by the Planning Commission. It was contemplated that this would be finalized before any construction. Additinally, it should be noted that screening of this nature is mandated by section 18.56.055 of the Tuckwila City Code. Mr. Richards has discovered that Mr. Mark Caughey, an associate planner, has by administrative fiat authorized the construction of a "temporary" parking lot on the subject property; and has authorized the removal of at least five large mature trees prior to the comprehensive tree inventory that was mandated by the agreement. Hence irreparable damage to the site has already taken place and prejudices the conditions that may have been imposed by the Board of Architectural Review consistent with the spirit and intention of the agreement between the City and the developer and upon which the adjacent land owners relied. City of Tukwila April 12, 1982 page 5 Objections to Actions Taken It is Mr. Richards contention that no building permit may be issued by the City of Tukwila nor any development in fact take place until (1) a final site development plan is submitted to and approved by the Planning Commission sitting as the Board of Architectural Review (as required by paragraph 4 of the Agreement and §18.32.040 of the Tukwila City Code); (2) that all property owners owning property within three hundred feet of the subject property be given notice and opportunity to be heard at the hearings of the Board of Architectural Review, and (3) agreements have been reached between adjacent landowners in respect to the construction of screening walls. The Property Use and Development Agreement is binding upon the City of Tukwila and the P & L Company and can only be modified or amended by its own terms after approval of the legislative authority of the City and after written notice of the affected property owners and after a hearing before the City of Tukwila Planning•Commission. Clearly Mr. Caughey acted outside the scope of his authority in authorizing any construction on the property and especially in authorizing the removal of mature large trees which the agreement specifically requires be inventoried prior to the Board of Architectural Review's consideration of the site plan. Moreover, the rezone stipulates that the dominant use of the property shall be that of a single office building. The P & L Company may not utilize the property as a parking lot only. Clearly, any temporary uses of this nature or segmental construction of the project is in violation of the agreement and should not be permitted by the City. This letter is to advise all concerned that Mr. Richards is ready, willing, and able to commence an action in Superior Court to enforce the "Property Use and Development Agreement ". The filing of the action will be precipitated City of Tukwila April 12, 1982 page 6 by any further development or destruction on the property. The costs of the lawsuit, including attorneys fees and filing fees will be paid by either the City or the P & L Company or both pursuant to paragraph 10 of the agreement and'RCW 4.84.330. HGF:smr cc: City Council Joseph Lynch & Co. Planning Department ✓ Mr. John Richards JOSEPH LYNCH & COMI-bp4NY 10800 N.E. 8TH STREET, SUITE 604 - BELLEVUE, WASHINGTON 98004 - PHONE (206) 455-2838 February 2, 1982 City of Tukwila Planning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 ATTENTION: Mr. Mark Coffey Dear Mark: This letter shall serve as the P & L Company's agreement relating to the construction of temporary thirty(30) parking stalls on our property immediately adjacent and north of the XEROX Building, 6400 Southcenter Blvd, Tukwila. It is our intent to construct the temporary 30 stalls commencing on or about March 1, 1982. At such time as the permanent construction of the Phase II Building is commenced, we understand that it may be necessary to remove temporary parking and install utilities as provided by the code of the City of Tukwila. We hereby agree to undertake this at our sole cost and expense. Very truly yours, P & L '6MPANY Joseph W. Lync Partne JWL: CrEgROMED E EB4 _ 1982 J CITY OF TUKWIILA PLANNING DEPT. 1906 City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Frank Todd, Mayor Seafirst Mortgage Corporation Fourth and Blanchard Building Seattle, WA 98121 Attn: Jolene Tinglestad Subject: SMC Loan No. L600535 -9 (P & L Company) 2 February 1982 In response to your inquiry dated 28 January 1982, please note the follow- ing with regard to permitted land uses on the P & L Company's site in Tukwila: 1) City Ordinance #1230 amended the Comprehensive Land Use Plan to designate the property as a "professional /office" use area. 2) City Ordinance #1231 rezoned the property from R -3 (four family . dwellings) to C -1 (neighborhood retail). Office uses are allowed in the C -1 zone. Copies of the above - referenced ordinances with their respective addendums are enclosed. Should you have further questions about this matter, please call me at 433 -1849. MC /blk xc: Ping. Dir. Tukwila manning Department Manic Cghey Associate Planner City of Tukwila Zoning Department 6200 Southcenter Boulevard Tukwila, Washington 98188 Gentlemen: JT/j A Subsidiary of Seattle -Firs) National Bank SEAFIRST MORTGAGE CORPORATION January 28, 1982 JAN 2 9 1982 • Crf l O K rCU�NiLA CI - C'. C7F r•,NNING DEPT. Re: P & L Company 3.1 acres of land Tukwila, Washington SMC Loan No. L- 600535 -9 M► SV-. t'Z tP / We have a request to finance the land acquisition by P & L Company of the property legally described as follows: Lot 17, Interurban Addition to Seattle, according to the plat recorded in Volume 10 of Plats, page 55, in King County, Washington, except that portion lying North of line described as follows: Beginning at .a point on West line 210 feet North from Southwest corner, thence North 89'47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. It is a condition of our loan that the property be zoned to allow for future construction of a two story, 32,500 square foot office building. Kindly advise this office as to the zoning classification of the subject property and the uses permitted within such classification. It is our understanding that the City of Tukwila has recently completed azoning reclassification to allow the type of building mentioned above on the subject site. Our loan also requires evidence that the City of Tukwila's Comprehensive Plan has been amended to allow the type of building being contemplated. It would be appreciated if you could advise whether or not this has been accomplished or who to contact within the City to discuss this matter. Thank you very much for your cooperation in responding to the above. If you have any questions concerning my request, please contact me at 583 -7061. Sincerely, Jolene T ngelstad Loan Specialist Fourth and Blanchard Building / Seattle, Washington 98121 / Telephone (206) 583 -7070 C Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING Michele Roe June 09 81 ss. being first duly sworn on oath, deposes and says that Sh 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 is a NO ti c e Of 1 e e ttng 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 day of June ,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 G' charged for the foregoing publication is the sum of $ 1'3' 50 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. Chief Clerk • Subscribed and sworn to before me this 22 day of Notary Public in and for the State of Washington, residing cing County. t .. — 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. . V.P.C. Form No. 87 Rev. 7.70 c nr OF TUKWILA., OF. ; =: ` MEETING OF'THE 'TUKWILA PLANNING �.; • COMMISSION ':,;;' NOTICE IS HEREBY GI- VEN that the Tukwila PLAN NING: COMMISSION ; has fixed the 25th day of'June,. - 1981 at 8:00 P.M. in;Confer - :• •once Room #3 of:'.Tukwila City Hall, 6200 Southcenter Boulevard, Tukwifa;• Washington, as the tiine and place for .: • _ PUBLIC HEARING ,,;; • Application 81- 21- R:s(P. & L Co.) requesting rezoning of 3:1 acres at the Northwest quadrant- of Southcenter • • Blvd. and 65th Aye; So. frorti' • Application81- 22•CPA :(P' &i!` ..L-44 amend -.. • 1. ment to'.the Co ;.r; Land °Use Plan to redesig nate'3 " .1 'acres'at the.North- • : ; ; r west quadraht of Sotithcent- • . . er Blvd.. and 65th Ave. So. from High Density Reeiden- t " : tial to trffice J. Any and all interested per. sons are invited to attend: - , ► TUKWILA PLANNING -4" • '' COMMISSION Public Notice : :•• Public Notice Eileen Avery Secret . Published in the Daily F cord Chronicle June 1981.1'1671 ' - :; • )710-1/( f TOM A.ALSCRG BURROUGHS S.ANDERSON ft J.DAVID ANDREWS JOHN r. ASLIN CHRISTOPHER T. BAYLEY "DENNIS L.SCKEMEYCR "STEVEN SCOTT SELL JOHN H.SINNS,JR. THOMAS L.SOEDER •BRUCE A.BOOKMAN ••WAYNE C. BOOTH, JR. J.PAUL COIE THEODORE J. COLLINS RICHARD C.COYLE BRUCE MICHAEL CROSS CALHOUN DICKINSON JOHN D. DILLOW ?ALFRED F. DOUGHERTY, JR. WALTER W. EVER GRAHAM H.FERNALD H.WCSTON FOSS KEITH OCRRARD ROBERT C.OILES CHARLES C.00RDON RONALD M.000LD "WILLIAM A.000LD LAWRENCE &HANNAH JAMES M. HILTON RAMER b.HOLTAN, JR. DONALD O. KARI "COWARD W. KUHRAU DOUGLAS S. LITTLE TIMOTHY A.MANRINO STEVEN C. MARSHALL "GUY R. MARTIN RICHARD E.MCCANN STEPHEN A.MeI'EON ROBERT S.MUCKLESTONE J. SHAN MULLIN HAROLD F. OLSEN OMAR 5. PARKER,JR. CHARLES I.STONE F. THEODORE THOMSEN RICHARD S.TWISS "DAVID E. WAGONER RICHARD E.WALKER WILLIAM S.WEAVER ANDREW M.WILLIAMS RICHARD E.WILLIAMS ROLAND HJORTH JOHN R.PRICC OF COUNSEL WENDELL W. BLACK LUCIEN F. MARION LOWELL P. MICKELWAIT DarOREST PERKINS COUNSEL Dear Larry: 1900 WASHINGTON BUILDING SEATTLE,WASHINGTON 98101 TELEPHONE' 208- 662.6770 ANCHORAGE OFFICE 420 "L" STREET SUITE 301 ANCHORAGE, ALASKA 09601 TELECOPIER: 206- 682.8784 CABLE "PERKINS SEATTLE DOM TELEX:32.0310 INT TELEX:471123 PLEASE REPLY TO SEATTLE OFFICE August 26, 1981 PERKINS, COIE, STONE, OLSEN & WILLIAMS WASHINGTON, D.C. OFFICE 1110 VERMONT AVENUE,N•W. ' WASHINOTON, 0.C.20005 Mr. Larry Hard LeSourd, Patten, Fleming, Hartung & Emory 3900 Seattle -First National Bank Building Seattle, Washington 98154 Re: City of Tukwila Rezone P & L Company Application 81 -21 -R "JOHN D. ALKIRE JOHN DANIEL SALLSACH 'ROBERT F. BAUER " WILFRED O. BENNETT RONALD L.BERENSTAIN "MARC A. SOMAN MARY J.SRODO "DAVID J. BURMAN B RUCE D. CAMPBELL EUGENE C. CHELUS B RUCE O.CORKER ELLEN CONEDERA DIAL PAUL T. FORTINO RICHARD K.£REEDMAN PAUL &GOODRICH STEPHEN M. GRAHAM CHRISTOPHER P. HALL MICHAEL J. HAVERS GREGORY A. HICKS HEATHER 5. HOWARD MARY ROSE HUGHES BARRY M.KAPLAN CHARLES J. KATZ,JR. STEWART M. LANDEFCLD JUDO H. LEES DAVID LIESERWORTH JAMES R.LISBAKKEN M. MARGARET Mc KCOWN THOMAS J. MCLAUGHLIN JENNIFER SUE MOROAN CATHERINE M. T. MYRE "CLARK R. NICHOLS JANE NOLAND RUSSELL L.PERISHO THOMAS E.PLATT RICHARD OTTESEN PRENTKE LAWRENCE B.RANSOM •BARRY J. REINGOLD SHARON A. ROBINSON RICHARD R.ROMDE "FRANK D. ROTHSCHILD MARK A. RDWLEY GORDON A.SCHALLER HARRY H.SCHNEIDER,JR. PETER D. SLOANE EVELYN SROUFE EDWIN S.STERNER ROBERT STOKES, JR. C. JAIRUS STRATTON, III •RICHARD J.TODD BART WALDMAN NANCY WILUAMS VERNON L.WOOLSTON, JR. MARK P. WORCESTER ALL ADMITTED TO PRACTICE IN WASHINGTON STATE EXCEPT •MEMBER ALASKA BAR "MEMBER ALASKA AND WASHINGTON BARS 'MEMBER D. CAMP ?'MEMBER D•C.AND WASHINGTON BARS IMBIVED AUG 28 1981 CITY OF KWILA PLANNING DEPT, The Tukwila City Council, sitting as Committee of the Whole, at its August 25, 1981 meeting, again considered the P & L applica- tions for Comprehensive Plan Amendment and Rezone. We indicated to the council that we did not have any objection to the documents as you have prepared them and submitted them to the council. As I am sure Carl Carlson will report to you, however, a number of issues were raised by Mr. Richards, and some council members. Concern was expressed that the developer's agreement might not survive the contemplated adoption of the new zoning code; that the city's Executive Department may not enforce developer agreements; that all of the exhibits used in the Planning Commission hearing on July 23, 1981, were not expressly incorporated, and that the terms and condi- tions included in the developer agreement were not included in the text of the ordinance itself. I understand that Maxine Anderson, the City Clerk, intends to draft some modifications to the developer agreement and submit them to you for your review. I understand those changes will include a provision that the developer agreement will remain in effect after adoption of the new zoning code and will reference the exhibits which are to be incorporated and considered binding. Mr. Larry Hard August 26, 1981 Page 2 Councilman Borer also indicated that the developer must sign these documents prior to the adoption of the ordinance. There seemed to be a good deal of confusion among the council members as to the effect of these documents, their enforceability, and their treatment of the concerns expressed by the neighborhood. I explained to the council that the provision included in Paragraph 10 of the developer's agreement created a third -party beneficiary right in the neighborhood, enabling them to enforce the agreement. I believe that it would be extremely helpful for the council's understanding of these documents if you were to discuss, or commit to writing, an explanation of the enforcement provisions, specifically with respect to the neighbors' right to enforce the document, and the city's position with respect to survival of the developer's agree- ment upon adoption of a new zoning code. We will review the exhibits used in the Planning Commission hearing on July 23rd. I am somewhat concerned that there are incon- sistencies in those documents that should be removed or clarified before making a wholesale adoption into the terms of the ordinance. Finally, P & L Company will execute the documents when they are in final form, and prior to the time they are again considered by the City Council, if that is acceptable to you. REM:br cc: Joe Lynch Bob Paterson Brad Collins Jim Curran Very truly yours, J2 /lGL Richard E. McCann ri TOM A. ALBCRO BURROUGHS O ANDERSON • J. DAVID ANDREWS JOHN r. ASLIN CHRISTOPHER T. PLAYLET it OCNNIS L.SCKCMLYCR • *STEVEN SCOTT BELL JOHN H.RINNS.JR. THOMAS L.BOEDCR • BRUCE A. BOORMAN *t WAYNC C.POOTH,JR. J.PAUL COIL THEODORE J. COLLINS RICHARD C.COYLE SRUCE MICHAEL CROSS CALHOUN DICKINSON JOHN D. DILLOW ? ALFRED F. DOUGHERTT, JR. WALTER W. EVER GRAHAM H.PCRNALD H. WESTON •OSS KEITH OCRRARD ROBERT C.OILCS CHARLES C.DORDON RONALD M. GOULD ♦f WILLIAM A.000LD LAWRENCE B. HANNAH JAMES &.HILTON RAMER B.HOLTAN,JR. DONALD 0. KARI ••EDWARD W. KUHRAU DOUOLAS S. LITTLE TIMOTHY A.MANRINO STEVEN C.MARSHALL T*OUY R. MARTIN RICHARD E.Mt CANN S TEPHEN A.MOKCON ROBERT S.MUCKLESTONE J. SHAN MULLIN HAROLD F. OLSCN O MAR S. PARMER.JR CHARLES I.STONC I. THEODORE THOMSEN RICHARD S.TWISS TIDAND C. WAOONCR RICHARD L.WALMCR WILLIAM S. WEAVER ANDREW N. WILLIAMS RICHARD C.WILLIAMS ROLAND HJORTH JOHN R.PRICE OF COUNSEL WENDELL W. SLACK LUCIEN F. MARION LOWELL P. MICKELWAIT D•FOREST PERKINS COUNSEL Mr. Larry Hard, Esq. LeSourd, Patten, Fleming Hartung & Emory 3900 Seattle First National Bank Building Seattle, Washington 98154 Dear Larry: July 27, 1981 I enclose: PERKINS, COTE, STONE, OLSEN & WIL_.AMS 1900 WASHINGTON BUILDING SEATTLE,WASHINGTON 98101 TELEPHONE 205- 652.6770 TELECOPIER: 206 - 652.6754 CABLE "PERKINS SEATTLE" DOM TELEX:32 -0319 INT'L TELEX:471123 ANCHORAGE OFFICE 420 "L" STREET SUITE 301 ANCHORAGE, ALASKA 99501 Re: City of Tukwila Rezone P &L Company Application WASHINGTON, D.C. OFFICE 1110 VERMONT AVENUE,N.W. WASHINGTON, D.C. 20005 PLEASE REPLY TO SEATTLE OFFICE 81 -21 -R ' D.ALKIRC JOHN DANIEL SALI.WACH ?POSER? F. BAUER MWILFREO D. SENNETT RONALD L.SERCNSTAIN ?TMARC A. SOMAN MART J.RRODD TTDAVID J. WURMAN SRUCE D. CAMPSCLL EUGENE C. CHELLIS S RUCE D. CORKER ELLEN CONCDERA OIAL PAUL T. /ORTINO RICHARD K. /RCEDMAN PAUL &GOODRICH STEPHEN M. CHRISTOPHER P. HALL MICHAEL J. HAVERS GREGORY A. HICKS HEATHER S. HOWARD MARY ROSE HUGHES S MART M. KAPLAN CHARLES J. KATZ,JR. STEWART M. LANDEFELD JUDD H. LEES DAVID LIEUERWORTH JAMES R.LISSAKKCN ALL ADMITTED TO PRACTICE IN WASHINGTON STATE EXCEPT •MCM5ER ALASKA WAR •*MEMBER ALASKA AND WASHINGTON WARS 'MEMBER D.C.BAR 7?MCMBCR D.C.ANO WASHINGTON BARS 1. A copy of the City of Tukwila Planning Division's Staff Report submitted to the Planning Commission on June 25, 1981, and July 23, 1981, discussing the merits of this rezone and recommending approval, subject to conditions; 2. Copy of a letter, undated, from Mr. and Mrs. Ronnie A. Morris, submitted to the Planning Commission on June 25, 1981, recommending certain conditions to be imposed on the rezone; 3. An undated, unsigned letter to the Tukwila Planning Commission, submitted June 25, 1981, recommending additional conditions to be imposed on the rezone; 4. Copies of site plans, undated, unsigned, submitted to the Planning Commission on June 25, 1981, by a Mr. Richards, recommending relocation of the building; and 5. A copy of proposed rezone conditions, in the form of a contract rezone, submitted to the Planning Commission by the applicant on July 23, 1981. M NAROARCT NeMEOWN THOMAS J. Mc LAUD HLIN JENNIFER SUE MOROAN CATHERINE 1*. T. NITRE •• CLARK R. NICHOLS JANE NOLAND RUSSELL L.PERI$HO THOMAS E.PLATT RICHARD OTTESEN PRCNTKC LAWRENCE B.RANSOM ?BARRY J. REINDOLD SHARON A.ROSINSON RICHARD R.R014135 T*FRANR D. ROTHSCHILD MARK A. ROWLEY GORDON A.SCHALLER MARRY H.SCHNCIDER,JR. PETER D. SLOANE EVELYN SROUFC EDWIN S.STERNER ROBERT STOKES, JR. C.JAIRUS STRATTON, III *RICHARD J.TODD BART WALDMAN NANCY WILUAMS VERNON L.WOOLSTON, JR. MARK P. WORCESTER Mr. Larry Hard, Esq. July 27, 1981 Page 2 At the July 23, 1981 hearing, the Planning Commission passed a motion recommending that the City Council grant the rezone, subject to certain conditions. While I do not yet have the exact record of the language of those conditions, it is my understanding that the Commission's action consists of: 1. A recommendation to the City Council that the Council approve the rezone according to Exhibits A, B, & C of Application 81 -21 -R. Those exhibits consist of site plan drawings, elevations, and sections. The rezone is subject to the following conditions: a. The applicant is to provide an instrument that meets the approval of the City Attorney which will provide that: (1) Development of the property under the C -1 classification shall be limited to a single office building which may contain related non - retail service uses customarily incident to office use. (2) Setbacks and width of formal landscape areas shall be depicted on Exhibit B of Application 81-21-R. 2. Approval of the rezone application is predicated on prior or concomitant approval by the City Council of a compre- hensive plan amendment for the site of "office" designa- tion. 3. Development plans, including but not limited to site, elevation, landscape and building materials shall be subject to review and approval of the Planning Commission sitting as a board of architectural review. In its re- view, the board shall review a comprehensive native tree inventory prepared by the applicant, with the intent of saving as many trees of good health and significant size as possible. The board shall also analyze off -site noise impacts on adjoining land uses and require adequate miti- gation of such impacts, through use of a masonary sound barrier or other effective means. The board shall also insure that adequate control of off -site visual privacy intrusion and lighting glare into the single family areas provided. 4. Decorative landscape areas shall be served by automatic irrigation equipment. r c Mr. Larry Hard, Esq. July 27, 1981 Page 3 5. The revised exhibits submitted by the applicant at the July 23, 1981 hearing are to be considered binding . conditions on the rezone. Those exhibits include the proposed rezone conditions and modified site plans to relocate mechanical equipment from the roof of the struc- ture to ground level and decreasing the elevation of the building. 6. Recommendation of approval of this rezone does not constitute approval of ingress and egress from 65th Avenue South, which shall be further reviewed by the Board of Architectural Review. We believe that the proposed rezone conditions submitted by the applicant, in the form of a contract rezone, will satisfy the requirements of the staff and the community. Please let me know if we can provide any further information. Sincerely yours, iJ /I Richard E. McCann cc: Brad Collins Planning Director City of Tukwila James Curran Curran,Klewno, Johnson & Curran Joseph Lynch Robert Paterson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 P &L COMPANY ) PROPOSED REZONE REZONE APPLICATION 81 -21 -R ) CONDITIONS P &L Company, applicant for rezone of certain property de- scribed in the application from R -3 to C -1, offers the attached conditions for consideration by the Planning Commission. DATED: July 23, 1981 By PROPOSED REZONE CONDITIONS - 1 CITY OF TUKWILA Planning Commission Respectfully submitted, PERKINS, COTE, STONE, OLSEN & WILLIAMS Attorneys for P &L Company Ri•hard E. McCann PERKINS, COIE, STONE, OLSEN & WILLIAMS 1900 WASHINGTON BUILDING SEATTLE, WASHINGTON 98101 (208) 882.8770 • CONTRACT REZONE P &L Company, a Washington partnership, composed of Joseph W. Lynch and Robert L. Paterson, have contracted, subject to rezone, to purchase the following described real property, located in the City of Tukwila, King County, Washington: Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. P &L has applied to the City of Tukwila for a zoning re- classification from R -3 to C -1 of the above - described property, for construction, operation and maintenance of an office build- ing. The Planning Commission, City of Tukwila, has considered the application for zoning reclassification, documents attached thereto, the Planning Division's Staff Report, and finds: 1. The proposed rezone is consistent with policies of the City of Tukwila Comprensive Plan providing for office development as buffer zones between residential areas and commercial areas, providing that certain conditions and limitations are placed on use of the property. 2. The rezone as applied for, subject to the terms and conditions contained herein, is in the inter- est of the public health, safety and general wel- fare. NOW, THEREFORE, the Planning Commission recommends to the City Council, City of Tukwila, that the rezone applied for should be granted, subject to execution of a contract by P &L Company, with the City of Tukwila, as follows: USE In consideration of the adoption of an ordinance by the City of Tukwila, reclassifying the above - described property from R -3 to C -1, P &L hereby agrees, as conditions of the rezone, and upon closing of the purchase of the above - described property, as follows: 1. The above - described property shall be used for the construction, operation, and maintenance of a single office building, as shown by plans and drawings submitted with P &L's application 81 -21 -R to the City of Tukwila, as those plans may be modified by the Board of Architectural Review, as herein provided. 2. The single office building shall be used for office purposes, which may include related non - retail services uses customarily incident to office uses. 3. The office building is intended to operate primarily during weekday business hours. SITE PLANS 4. Site Development plans shall be subject to review and approval of the City of Tukwila Planning Commission, sitting as a Board of Architectural Review (BAR). Architectural review will include, but not be limited to: a. Building height shall not exceed two stories. b. Setbacks and width of formal landscaping areas shall be as depicted on Exhibit B, of applica- tion 81 -21 -R. A 20 -foot setback will be landscaped and maintained on the north and west property bound- aries. The landscaping shall be designed, placed and maintained to provide a barrier at 64th Avenue South. c. A comprehensive native tree inventory of the site shall be prepared by the applicant and submitted to the BAR. Site development shall provide for the -2- 072381/5/7200R saving of as many trees of good health and significant size as appropriate and as approved by the BAR. ACCESS 5. There shall be no entrance or exit between the prop- erty and 64th Avenue South, which shall remain a dead end street for use only by the adjoining residential area. 6. Primary access from the property shall be through the existing phase 1 Xerox Building site, described below, to Southcenter Boulevard, and shall be protected by the recording of an easement for ingress and egress over and across the Phase 1 property, to the extent of P &L's interest, in favor of the property. The Phase 1 Xerox Building site is located in King County, Washington and is legally described as follows: That portion of the Wm. H. Gilliam Donation Claim No. 40, Township 23 North, Range 4 East, W.M., de- scribed as follows: Beginning 1336.78 feet West and 1501.50 feet North of the Southeast corner of Section 23, Township 23 North, Range 4 East, W.M.; thence East 250 feet; thence South 325.50 feet to North line of. County Road No. 622; thence Westerly along said North line to a point South of beginning; thence North to beginning, EXCEPT por- tion conveyed to King County for Renton -Three Tree Point County Road by deed recorded in volume 1505 of deeds, page 486, under Auditor's File No. 2685209, records of said county. (Consisting of 101,155 square feet, more or less.) CONSTRUCTION 7. P&L Company shall require its contractors to take all reasonable steps to ensure that construction activity is con- fined to normal working hours, equipment is muffled to reduce noise, and dust control measures are followed. -3- 072381/5/7200R • EFFECTIVE DATE 10. The terms and conditions of this agreement shall apply immediately upon the effective date of an ordinance rezoning the above - described property from R -3 to C -1, and will continue in full force and effect thereafter under the current City of Tukwila zoning code, or any subsequent revision or modification thereto. 11. It is understood and agreed that the above - described property may be rezoned "P -0 District," (Professional Office) by the City of Tukwila, pursuant to a new zoning ordinance now being considered by the City of Tukwila, and that upon such reclassification the terms and conditions of this agreement shall remain in full force and effect. MODIFICATION 12. The terms and conditions of this agreement may be modified and amended only by written instrument signed by the parties hereto, or their successors or assigns, and only after written notice to property owners within 300 feet of the site and hearing before the City of Tukwila Planning Commission. -4- 072381/5/7200R ANCHORAGE OFFICE 420 "L" STREET ANCHORAGE, ALASKA 99501 TELEPHONE: 907- 279 -8561 TELECO PI ER: 907-276-310B Honorable Frank Todd, Mayor City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 PERKINS,COIE,STONE, OLSEN & WILLIAMS 1900 WASHINGTON BUILDING SEATTLE,WASHINGTON 98101 Mr. Gary Van Dusen, President Tukwila City Council 6200 South Center Boulevard Tukwila, Washington 98188 TELEPHONE: 206 -682 -8770 TELECOPIER: 206 -662 -8784 CABLE "PERKINS SEATTLE' TELEX:32 -0319 PLEASE REPLY TO SEATTLE OFFICE June 8, 1981 Re: Tukwila Area Rezone P &L Company Rezone Application Dear Messrs. Todd and Van Duesen: Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. EXCEPT that portion lying North of line described as follows: Beginning at a point of a West line 210 feet North from Southwest corner, thence North 89 °47' East 630 feet more or less to inter- section of West line of 65th Avenue South and WASHINGTON, 0.C.OFFICE 1920 N STREET N.W. SUITE 403 WASHINGTON, D.C.20036 TELEPHONE: 202-887 -9030 TELEX: 69.448 P &L Company, a Washington partnership, composed of Joseph W. Lynch and Robert L. Paterson, have contracted to purchase, and have filed an application to rezone, the follow- ing described real property: Honorable Frank Todd, Mayor June 8, 1981 Page 2 EXCEPT portion conveyed to the City of Tuk- wila by Deed recorded under Auditor's File No. 7108120423. This parcel is located Northwest of the Tukwila City Hall and abuts 65th Avenue South. The development will be phase II of the original project referred to as the Xerox Building, also developed by P &L Company. Attached is a vicinity map showing the location of the property. The parcel is presently zoned R -3, for three - family dwell- ings, and is designated for Medium Density Residential in the Tukwila Comprehensive Land Use Plan Map. We understand that the proposed area rezone, Proposed Zoning Ordinance Draft 4, would classify the property as R -3, for three and four - family dwellings. The existing Xerox Building is proposed as P -O, Professional and Office. P &L Company seeks a rezone and, if necessary, an amendment to the Comprehensive Plan, to allow office development of the site. The existing Xerox Building is zoned C -1. Accordingly, C -1 is requested for Phase II. Under the proposed code, draft 4, it appears that the applicable zone would be P -0, Profes- sional and Office District for both the existing Xerox Building and Phase II. We anticipate that consideration of this rezone will follow present procedures for hearing and review. In order to avoid later conflict with the council's area rezone efforts, however, it is requested that the zoning classification of this parcel be changed to P -O District in the present area rezone proceed- ings to conform to the existing Xerox Building parcel. If, however, consideration of the P &L rezone cannot be integrated into the area rezone proceeding, we request that the zoning classification for this parcel be removed from consider- ation in that proceeding, to be determined as a separate rezone application under existing procedures. Please include this letter in the record of proceedings of the area rezone. Honorable Frank Todd, Mayor June 8, 1981 Page 3 We will be available at your convenience to discuss these alternatives with the council or the planning staff. REM /wg cc: Joseph W. Lynch Robert L. 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