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HomeMy WebLinkAboutPermit 78-12-L - AITON OFFICE BUILDING #1 - LANDSCAPE REVIEW78-12-l 15439 53rd avenue south aiton office building #1 20 November 1978 A1r. Tom Aiton 3837 Lake Washington Blvd. N. Renton, WA 98055 RE: OFFICE BUILDING #1 / LANDSCAPE PLAN Dear Mr. Aiton: CITY of TUKWILA OFFICE of C OMMUNITY DEVELOPMENT The Planning Commission at their regular meeting of. November 16, 1978, approved your landscape plans for Office Building #1 per the plans submitted and dated November 3, 1978 with the following additional conditions: 1. That the northern boundary line be adjusted so that traffic circulation and a five (5) foot planting strip can be provided on site. 2. That the landscaping strip adjacent to 53rd Avenue South be increased to a minimum of 10 feet. 3. That the Barking on the east side of the building be designed at a maxi- mum of 50 angled parking with a 14.5 foot wide aisle. This will utilize all of the 34 feet available. 4. That the underground irrigation system as shown on the landscaping plan be "automatic ". 5. That the loading area be so designated with striping on the pavement. 6. That an architecturally treated retaining wall (possibly an aggregate or brick treatment) along-with a french drain be constructed along the western edge of the sidewalk on 53rd Avenue south instead of a rockery. 7. That the Planning staff be given the authority to work out final site plan details should the Public Works Department realign the 26 feet of pavement for the easement road. If you wish to appeal the decision of the Board of Architectural Review, it will be necessary to submit a written appeal to the Tukwila City Council. The letter should be addressed to the City Clerk, 6200 Southcenter Boulevard, and it should be directed to the City Council. 6230 Southcenter Boulevard ■ Tukwila, Washington 98188 ■ (206) 242 -2177 Mr. Tom Aiton RJB /ch cc: Ping Sup If I can be of any further assistance, I can be reached at 433 -1845. Sincerely, Roger J. Blaylock Assistant Planner Page 2 20 November 1978 PARKS E REAT:zti CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT PLANNING COMMISSION Minutes of the meeting, 16 November 1978. The regular November Planning Commission meeting was called to order by Vice - Chairman, John Richards at 8:10 p.m. Other Planning Commission members present were Mr. Bowen, Mr. James and Mr. Welsh. Mr. Kirsop, Planning Commission Chair- man, arrived at 8:45 p.m. Fred Satterstrom, Roger Blaylock and Charlene Howat were present representing the Planning Department. MOTION BY ^1R. WELSH AND SECONDED BY MR. BOWEN TO APPROVE THE 26 OCTOBER 1978 REGULAR MEETING MINUTES AS PREPARED. MOTION CARRIED. (Four members present and voting.) TON OFFICE BUILDING #1 - LANDSCAPE PLANS Mr. Blaylock read the staff report and explained the displayed drawings. He also read from the revised staff report which revised points 1 and 2 under conclusions and the staff's recommendation in the original staff. report. Mr. Blaylock explained what was meant by "architecturally treated retaining wall" in recommendation #6 and the proposed circulation on the site. He said the Com- missioners had indicated at a previous meeting that they felt an architecturally treated retaining wall would be more appropriate since the property is located in a commercial use area. There was a discussion regarding the width of the aisle located north of the build- ing. Mr. Aiton said it was 11.2 feet wide. Mr. Aiton, owner, stated he would prefer to construct a rockery rather than a retaining wall. Mr. Alex Sasonoff, architect of the building located adjacent to and south of ;qtr. Aiton's property and another building located across the street to the east presented his findings and said there were some conflicts between their findings and those presented by Mr. Aiton. He explained these conflicts to the Commissioners. He said the elevation of the building is 121 feet from the street. He had two soil reports which stated there was a high water table in the soil of nearby property and he felt the same could be considered true of Mr. Aiton's property. He felt a - retaining wall would not be enough to hold the land. He suggested the Planning and Building Departments review a soils test on D1r. Aiton's property when reviewing the retaining wall plans. 6230 Southcencer Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 .0 . 88 Planning Commission Page 2 Minutes 16 November 1978 Mr. Sasonoff asked for an interpretation of Ordinance #809 and the Comprehensive Plan. He felt there was a conflict. Mr. Blaylock explained the requirements of Ordinance #809. Robert Stead, attorney representing Mr. Aiton, mentioned that he felt the staff's interpretation of Ordinance #809 was correct. Soil tests taken on the property located 300 feet away are not applicable. Mr. Satterstrom said the project has gone through environmental review and it was determined that the project would have an insignificant environmental impact. He said the soil conditions were considered and staff will make sure the retaining wall is strong enough. Mr. Dick Hall, owner of property located across the street, gave Commissioners a letter from him addressed to Kjell Stoknes, OCD Director, and explained it. (A copy of the letter is attached to these minutes.) Mr. Kirsop came in at this point and took a seating as a voting member. Mr. Richards continued to chair the meeting. Mr. Blaylock explained what types of plants were proposed to be used. MOTION BY MR. BOWEN AND SECONDED BY MR. JAMES TO APPROVE THE LANDSCAPE PLAN FOR THE AITON OFFICE BUILDING #1 WITH THE FOLLOWING CONDITIONS: 1. THAT THE NORTHERN BOUNDARY LINE BE ADJUSTED SO TI-LAT TRAFFIC CIRCULATION AND A FIVE (5) FOOT PLANTING STRIP CAN BE PROVIDED ON SITE. 2. THAT THE LANDSCAPING STRIP ADJACENT TO 53RD AVENUE SOUTH BE INCREASED TO A MINIMUM OF 10 FEET. 3. THAT THE PARKING ON THE EAST SIDE OF THE BUILDING BE DESIGNED AT A MAXIMUM OF So ANGLED PARKING WITH A 14.5 FOOT WIDE AISLE. THIS WILL UTILIZE ALL OF THE 34 FEET AVAILABLE. 4. THAT TIME UNDERGROUND IRRIGATION SYSTEM AS SHOWN ON THE LANDSCAPING PLAN BE "AUTOMATIC ". 5. THAT THE LOADING AREA BE SO DESIGNATED WITH STRIPING ON THE PAVEMENT. 6. THAT AN ARCHITECTURALLY TREATED RETAINING WALL (POSSIBLY AN AGGREGATE OR BRICK TREATMENT) ALONG WITH A FRENCH DRAIN BE CONSTRUCTED ALONG THE WESTERN EDGE OF THE SIDEWALK ON 53RD AVENUE SOUTH INSTEAD OF A ROCKERY. 7. THAT THE PLANNING STAFF BE GIVEN THE AUTHORITY TO WORK OUT FINAL SITE PLAN DETAILS SHOULD THE PUBLIC WORKS DEPARTMENT REALIGN THE 26 FEET OF PAVEMENT FOR THE EASEMENT ROAD. MOTION CARRIED. (Five members present and voting.) At this point, Vice - Chairman Richards turned the chair over to Chairman Kirsop. November 10,1978 Dear D1r. Stoknes: Trul o .rs, ichard C Hall Mr. Kjell Stoknes Director of Community Development City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa 98188 5301 Southcenter Blvd. • Seattle, Washington 98188 As you know I have been quite concerned about the development of the property on the West side of 53rd S across from Colonial 3I. It is not going to take too many more storms for most of the loose dirt bank to flood down onto the street and prob- ably over onto my property. The loose dirt bank is almost fully saturated with water right now and it is laying on top of sod. Also there is a clay bank under the whole area, according to tests on the Foster and my property. I feel that something drastic has to be done im- mediately to protect the State Highway drainage system, the City street and my property, against erosion of the hillside during the coming winter storms. Is it the City of Tukwila's responsibility to take care of this matter? cc; Mayor Bauch District Highway Engineer Terence Monaghan- Director of Public Works Tace4,&40 /Uwwt /6 3 i9.? u • Phone (206) 242 -7007 • (800) 426 -5960 / / C - A e 1 " -, • cs — Pi re . 0,0 AGENDA ITEM V A RECOMMENDATION: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 16 November 1978 8:00 P.M. ATTON OFFICF RIITLIlTNG #1 /LANDSCAPF PLAN e ry -Tel) Several conclusions were incorrectly reached in analyzing points 1 and 2 of the landscaping requirement of Ordinance #809. Point 1: The landscaping plan presented did not show the width of the land- scaping or parking area. The total useable space between the building and the public right -of -way is 50 feet. A covered walkway utilizes 6 feet. After 10 feet is used for landscaping per Ordinance #809, 34 feet is left for the parking and a one -way aisle. Based upon proposed off- street parking standards the 34 feet could accommodate 13 parking spaces at a 50 parking angle. The applicant's proposal for 14 parking spaces at a 60 parking angle is unacceptable. It would require a minimum of 35 feet. Thus the applicant will lose 1 parking space. TMC 18.56.040, screening the edge of the parking surface conflicts with Ordinance #809. The TMC requires that the front edge of screening be thirty feet from the centerline of the street, while Ordinance #809 requires landscaping adjacent to the public right -of -way. Since Ordinance #809 amends the general provisions of the zoning ordinance, the specific conditions of Ordinance #809 would prevail and the landscaping would have to be adjacent to the right -of -way. Point 2: The landscape plan does not show a five (5) foot planting strip along the western edge of the site because it is not a property line and does not require such as per Ordinance #809. After a short plat is filed on the property, future site and landscape plans will be reviewed for com- pliance. The majority of the evidence indicates that granting of approval for the . landscaping plan for the Aiton Office Building #1 is in order only if the following conditions are met: 1. That the northern boundary line be adjusted so that traffic circu- lation and a five (5) foot planting strip can be provided on site. 2. That the landscaping strip adjacent to 53rd Avenue South be increased to a minimum of 10 feet. 3. That the parking on the east side of the building be designed at a maximum of 50° angled parking with a 14.5 foot wide aisle. This will utilize all of the 34 feet available. Planning Commission Staff Report Page 2 16 November 1978 4. That the underground irrigation system as shown on the landscaping plan be "automatic ". 5. That the loading area be so designated with striping on the pavement. 6. That an architecturally treated retaining wall (possibly an aggregate or brick treatment) along with a french drain be constructed along the western edge of the sidewalk on 53rd Avenue South instead of a rockery. 7. That the Planning Staff be given the authority to work out final site plan details should the Public Works Department realign the 26 feet of pavement for the easement road. AGENDA ITEM V A FACTS: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT 16 November 1978 8:00 P.M. Aiton Office Building #1/Landscaping Plans The Tukwila Planning Commission reviewed the proposed landscaping plans for the Aiton Office Building #1 on 26 October 1978 and tabled action until data was submitted showing (1) the sprinkler irrigation system, (Exhibit 1), (2) the intended usage, (3) a review of Ordinance #809,(Exhibit 2), or compliance and (4) a cross section, (Exhibit 3), showing the parking, building, retaining wall and landscaping areas. 1. Since Building #1 has been readjusted and built to comply with Ordinance #8u9 by the Office of Community Development, the applicant will file a Boundary Line Adjustment between Buildings #1 and #2 to satisfy the Planning Commission requirement to provide on -site traffic circulation for Building #1. It is estimated that the boundary will shift approxi- mately 10 feet to the north. 2. The site plan for Building #1 has been revised to add truck loading areas as required for retail commercial users. 3. Mr. Tom Aiton has decided to redesign Building #2 to contain all parking and traffic circulation on the site. The new development plans will probably be on the December 21st meeting. 4. The question of a boundary line dispute is a private matter that the City of Tukwila will not get involved in. REQUESTED ITEMS: 1. SPRINKLER PLAN: The location of the underground irrigation system is shown on the new landscape plan. 2. INTENT STATEMENT: No intent statement has been submitted. The developer has not signed a lease with a retail commercial firm as of this date. Mr. Alton is negotiating with a retail furniture dealer who would use the facilities for a sales showroom. To assure that the leasee can obtain a business license, off - street loading zones have been added per TMC 18.56.210. 3. REVIEW OF ORDINANCE #809: Ordinance #809 reclassified the property involved on the 24th of September 1973. Restrictive covenants were required as a por- tion of that ordinance. Land use, development plans, setbacks, landscaping, outside storage, and right -of -way dedication are addressed in the covenants. Specific landscaping requirements include: CONCLUSIONS: g �- Plannin Commission Page 2 Staff Report 16 November 1978 Either the property owners or the City of Tukwila may enforce these regulations. (1) The establishment and maintenance of a landscaping strip ten (10) feet in width adjacent to public right -of -ways, except for driveways not to exceed thirty (30) feet in width; (2) The establishment and maintenance of a landscaping strip five (5) feet in width adjacent to all property lines not abutting a public right -of- or abutting the Tukwila freeway interchange, except for driveways not to exceed twenty -four (24) feet in width; (3) That for paved areas exceeding ten thousand (10,000) square feet in area five (5) percent of such areas shall be appropriately landscaped and maintained; and, (4) All landscaped areas shall be served by an automatic underground sprinkler system. POINT 1: The landscape plan and cross section shows the landscaping strip to be eight (8) feet in width. This will have to be ten (10) feet. The landscaping strip includes the retaining wall. Increasing the width of the landscaping strip will reduce the width of the aisle to 21 feet. The aisle will be one -way headed north and under proposed parking design standards for Tukwila a 15.0 foot one -way aisle would be acceptable. The curb -cut will be a maximum of 24 feet. POINT 2: Along the northern edge of the property the landscape plan shows a five (5) foot planting strip. There is no landscaping on the western property boundary. The cross section,(Exhibit 3), calls for the placement of a retaining wall plus landscaping on top of the wall. The southern boundary cannot be landscaped immediately at the property line as a result the access easement being required by court order. The five (5) foot landscaping at the edge of the 26 -foot wide paved roadway complies with the intent of the required five (5) foot landscaping. POINT 3: The proposal complies. Approximately 3,600 square feet is proposed to be landscaped. The site is slightly less than one acre so a minimum of approximately 2,150 square feet would be required to be landscaped under Ordinance #809. POINT 4: The proposal complies. The landscape plan shows an underground irri- gation system. Approval should be conditioned to read "automatic underground sprinkler system" to be in total compliance. CROSS SECTION: A cross section of Building #1 is included in your packet. (Exhibit 3) RECOMNENDATI ON : The majority of the evidence indicates that granting of approval for landscaping plan for the Aiton Office Building #1 is in order only if the following conditions are met: Planning Commission Staff Report Page 3 16 November 1978 1: That the northern boundary line be adjusted so that circulation and a five (5) foot planting strip can be provided on site. 2. That the landscaping strip adjacent to 53rd Avenue South be increased to a minimum of 10 feet. • That the underground irrigation system be controlled "automatically" as shown on the landscaping plan. • That the loading area be so designated with striping on the pavement. Planning Commission Page 2 Minutes 26 October 1973 Mr. Blaylock explained that the Bedford building was originally a warehouse and the 60 parking spaces were adequate but when it was converted to an office build- ing, 60 parking spaces were no longer adequate. . MOTION BY MR. SOWINSKI, SECONDED BY MR. BOWEN AND CARRIED TO ALLOW CONSTRUCTION OF THE PARKING LOT WITH THE FOLLOWING CONDITIONS: 1. At such time as any additional building plans are submitted for Planning Commission review in the Southcenter Corporate Square complex, parking data shall accompany said application. Said data shall indicate method of accommodating all traffic generated by tenant(s). 2. That provision of one additional planting island in each of the two central, 50 -space parking aisles. 3. That sod or other ground cover be provided to periphery of existing parking lot to east of proposed lot. 4. That all grouped trees be spaced no more than 30' apart on center. 5. That conditions 2, 3 and 4 are performed within 30 days of the com- pletion of the parking lot, but no later than April 1, 1979. 6. That the required landscaping for the temporary parking lot be completed prior to December 1, 1978. TON BUILDING #1 Mr. Blaylock read the staff report and explained the displayed drawing. Mr. Blaylock explained the landscaping proposed by the original plan and mentioned the building is 8 or 9 feet from the north property line. Chairman Kirsop asked if the loss of two parking spaces put them below the park- ing requirements. Mr. Blaylock said it did not. There was a discussion regarding property elevation and rockery on 53rd Avenue. Mr. Alex Sasonoff, Architect for property surrounding Aiton property, mentioned his concerns regarding irrigation, rockery strength, elevation of land and property boundary dispute. There was a discussion regarding the property boundary dispute and ordinance #809. Mr. Sasonoff said the building changed from an office use to a retail use. Mr. Blaylock explained the property is commercially zoned so there is no violation and that a business license for the building is reviewed by the Planning, Build- ing, Public Works and Fire Departments. Mr. Richards asked if a loading /unloading zone was required for retail uses. Mr. Blaylock said two (2) off - street loading /unloading zones are required. Mr. Aiton said none of the building has been leased yet. AITON BUILDING #2 MOTION PASSED UNANIMOUSLY. Planning Commission Page 3 Minutes 26 October 1978 Mr. Blaylock explained that the proposal was presented as an office and must be reviewed as such. There was a discussion regarding access to property using a residential access road. Mr. Blaylock said the Commission could make a decision and when the property boundary dispute is decided upon, a revised plan would then be submitted. MOTION BY MR. SOWINSKI, SECONDED BY MRS. AVERY AND CARRIED TO TABLE THIS ITEM TO ALLOW PARTIES INVOLVED TIME TO GET THE FOLLOWING ADDITIONAL INFORMATION: 1. SPRINKLER SYSTEM; 2. INTENDED USAGE; 3. REVIEW OF ORDINANCE #809 TO GET A BETTER UNDERSTANDING OF ITS IMPLICATIONS; 4. CLARIFY GRADES - PREFER CROSS - SECTIONAL DRAWING. Mr. Blaylock read the staff report and explained the displayed drawing. A new plan was submitted by Mr. Aiton and marked as an exhibit. Mr. Aiton explained the new site plan. MOTION BY MR. RICHARDS AND SECONDED BY MR. SOWINSKI TO TABLE THIS ITEM UNTIL THE NEXT REGULAR MEETING TO PROVIDE THE PLANNING STAFF ADEQUATE TIME TO REVIEW THE PLAN SUBMITTED TONIGHT BY MR. AITON AND THAT THE PROPONENT BE INSTRUCTED TO PROVIDE A PLAN WITH PARKING STALLS OF 20 FEET IN DEPTH. There was a discussion regarding the easement road. Mr. Blaylock said the Short Subdivision Committee did not approve of the easement road continuing all the way to 51St Avenue South. They preferred it to be a cul -de -sac. Mr. Sasonoff said the site is 5 acres and he was concerned with the traffic impact to the area. Mr. Sowinski said he was concerned with the sharing of the roadway between buildings 1• and 2. Commission and staff discussed when the November regular meeting should be held since the fourth Thursday in November falls on Thanksgiving. It was decided to have the next regular meeting on Thursday, 16 November 1978. 20 November 197S Dear Mr. Hall: C Mr. Richard C. Hall 5301 Southcenter Boulevard Seattle, Washington 98188 Very truly yours, kje; 1 Stoknes, Director Office of Community Development KS /ch cc: Mayor Bauch Terry Monaghan District Highway Engineer CITY of TUKWILA OFFICE of C OMMUNITY DEVELOPMENT RE: Your letter dated November 10, 1978 71-e I am in receipt of the above - referenced letter. I appreciate your concern over the development of your neighbor's property as it may affect yours. We are monitoring the site and will take future action as appropriate. At this time the development is consistent with the laws under the jurisdiction of the Office of Community Development. There were no special temporary erosion control measures required of this property when the building permit was issued. Again we will monitor the site and request corrective measures as the situation may warrant. The construction of the bulkhead, parking lot and landscaping should solve any erosion control problems from the site. 6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 REFE'� BY MAYOR City Clerk Community Dev. & Planning Fire Department Police Department Public Works Depent Finania Administr% � ewAiis Action . Required " Yes NW 1 197 ric. ,),044-4kez- T.L; 1,(F, 4 a-tAt REFERRED BY THE MA VQR 5301 Southcenter Blvd. November 10,1978 Dear Mr. Stoknes: Truly. o rs, ichard C Hall • Seattle, Washington 98188 Mr. Kjell Stoknes Director of Community Development City of Tukwila 6200 Southcenter Blvd. Tukwila, Wa 98188 As you know I have been quite concerned about the development of the property on the West side of S3rd S across from Colonial 31. It is not going to take too many more storms for most of the loose dirt bank to flood down onto the street and prob- ably over onto my property. The loose dirt bank is almost fully saturated with water right now and it . is laying on top of sod. Also there is a clay bank under the whole area, according to tests on the Foster and my property. I feel that something drastic has to be done im- mediately to protect the State Highway drainage system, the City street and my property, against erosion of the hillside during the coming winter storms. Is it the City of Tukwila's responsibility to take care of this matter? cc; Mayor Bauch District Highway Engineer. Terence Monaghan- Director of Public Works • Phone (206) 242 -7007 • (800) 426 -5960 PLANNING PARKS i RECREATION BUILDING 30 October 1978 CITY of TUKWILA OFFICE of COMMUNITY DEVELOPMENT Mr. Tom Aiton 3837 Lake Washington Blvd. North Renton, WA 98055 RE: AITON OFFICE BUILDING #1 /LANDSCAPING PLAN Dear Mr. Aiton: The Tukwila Planning Commission reviewed your landscaping proposal for Building #1 at their meeting on Thursday, 26 October 1978. They tabled action on the plan until data was submitted showing (1) the sprinkler irrigation system, (2) the intended usage, (3)'a review of Ordinance #809 for compliance and (4) a cross section showing the parking, building, retaining wall and landscaping areas. The Planning Commission has scheduled their next regular meeting for Thursday, 16 November 1978. The required material must be submitted no latter than Monday, 6 November 1978. RJB /ch cc: Ping. Sup. Sincerely, Roger J. Blaylock Assistant Planner 6230 Southcenter•Boulevard • Tukwila, Washington 98188 • (206) 242 -2177 T// a ?l DW/i/6: / rEM 1p0 .Nth.7C4 ! "t7/t/'2 P//t/5/W5 . 1 ...: ,PP/wo vE' Y T -/t' z 1 1/1 fVV /A W/ ,, 0/1/ 06/ el - /.??,t4 / .1157:47NCEFX0/ C /G MAT <,�t 7 / /O )Z',9 .' h/ / 3 MR/1 .57;9,e /,c JN £f' i . /6' �3. ,04 /VEI ! //NE(95 7/91e,69 • r No 1171 p /h5" /'C f D /'I51Z/67V / /V` /1, A /w /N " D. Pf /C Sly /L!l9' ...5.7#1. RiPM:i0i/b.lr P/1 R 07 - .6 - 74 7 4 W /0.78 • i • s' L. .. S066k757Z0 CORRECTiVE t raf /9J79N O/ /GE BO/LP/116. Pig, rriNGSr7Zs X ISLE x.3d -1 ... 4 .., PLANT LIST c. ,.,...E vAr•-_,a• ;•••■• - m 31 - .C...::17i...... .2 :........t. • AI 0 - :..,•': - .0•■11. kt l'i VAIL • :..... : - C.: ••■••.)g..vA i ‘1AP:Z. 11At.E5IA 423Z.3tAPJA - .,:eLJER. 25A-L rgEe pJ.-'ULJS Tr.f.:'.1,3 —10tif; • 4: u T 510E c•lo1r,5 to F42:1% PIM FR...AZ:EP:5 PACII is•Apt,s:A TzrzliV:ALt-JAP-•5 E 3 • P=-ANT 5" O.C. F.J.- 1 Cie.„VOIDCOvER 0-17 r4E21 - p:'1" 2 CA CU. FOR. Zae.0•::1:`..:3 4E14 ; F.1 11 7 1 r - 9: 2 2 •1 ';' 1 ` 22 :I: 6o to 0.7 ooa no.7 -5cALEz .zo• 122.: OFFIC E ruI 1 Vick. 82 M..1 ." L. 103 N3.7 t I _ a Iu on et) • LANDSCAPE 1 ?LAN 0•••■[-•141 1 3.: r. • - 3 73 OFFI EU IL. DIN Cr DEVELOPER : TOM A I TON TUKWILA, WA 5$411.4 4TCIN JOHN IL STAMEN, LANDSCAPE ARCHITECT= ae..11* ■••■■• ••• D t; n M IAOW r r. � ORDINANCE NO g v 9 AN ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY FROM R -1 ZONING TO C -2 ZONING WITHIN THE CITY OF TUKWILA, WASHINGTON. OF" KWI WASHINGTON WHEREAS, Charles A. and Eliza H. Fox, Herbert L. and Doris ?I. Lamb, Katherine A. Naylor and Alma C. St. Pierre, the owners of the following described property having petitioned the Planning Commission requesting re- classification of said property from R -1 zoning to C -2 zoning in conformity with the comprehensive plan, and WHEREAS, On June 28, 1973, a public hearing on said petition was held before the Planning Commission of the City of Tukwila, and the City Council having received a favorable recomm- endation from the Planning Commission with respect to the aforementioned petition, and the City Council having held a public hearing on said petition on September 24, 1973, and WHEREAS, The City Council finds the requested classi- •f ication to he in furtherance of the public health, safety and general welfare, NOWT, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: That the real property described in Exhibit A attached hereto is hereby classified as C -2 in accordance with Ordinance No. 251 of the City of Tukwila, as amended. Re- zoning to C -2 is subject to the property owners executing a declaration of restrictive covenants and causing the same to be recorded with the County Auditor within thirty days following the effective date of this Ordinance, said declaration of restrictive covenants to he in the form set forth in Exhibit B attached hereto and incorporated herein by reference. Failure to execute and record such declaration of restrictive covenants shall invalidate this re -zone ordinance. The City Clerk is directed to record a copy of this Ordinance with the County Recorder. PASSED BY THE CITY COUNCIL And approved by the Mayor of the City of Tukwila, 19ashington, this . fA day of SV- in ik4'.• 1973. Approved as to Form: 'City Attorney Published: 11/0*/ /7e / /ii e //0,59 d • • EXIIIBIT A That portion of the SW Quarter of Sec. 23, Twp. 23 N., R. 4 E.W.fd. , described as follows: Tracts 3 and 4 of Brookvale Garden Tracts, as recorded in Vol. 10 of Plats, p. Records of I:ing County, Washington, less all City, County and State rights-of-way. DECLARATION OF RESTRICTIVE COVENANTS WHEREAS Charles A. Fox and Eliza Fox, Herbert L. Lamb and Doris M. Lamb, Katherine A. Naylor, a single woman, and Alma C. St. Pierre, a separate estate, are the owners of real property located in the City of Tukwila, County of King, State of Washington, described as follows: That portion of the SW 4 of Section 23, Township 23 N., Range 4 E.W.M., described as follows: Tracts .3 and 4 of Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of King County, Washington, less all City, County, and State rights -of -way. WHEREAS the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, thereof; NOW, THEREFORE, the aforesaid owners hereby establish, grant, and impose restrictions and covenants running with said land as to the use thereof by the undersigned, their successors, heirs, and assigns, as follows: I. LAND USE On the above described property, no building or land shall be used and no building shall be erected, altered, or enlarged, which is arranged, intended or designed for other than one of the following uses: Apartment houses, boarding houses, lodging houses, clinics, convalescent homes, convents, private clubs or fraternal orders, office buildings, hotels, motels, banks, barber shops, beauty shops, book or stationery stores, clothing stores, confectionary stores, drug stores, dry goods stores, electrical shops, radio or television repair shops, florist shops, furniture stores, grocery stores,. hardware stores, jewelry stores, laundromats, restaurants, shoe stores, automobile sales 1 ots, b a k ery or pastry shops, bars or cocktail lounges, billiard or pool halls, bowling alleys, business or commercial schools, photographic studios, drive -in restaurants, dry cleaning establishments, 2 funeral homes, ice cream stores, printing shops, finance companies, theaters, commercial greenhouses, and other retail business activities considered similar to those Enumerated above by the Tukwila Planning Department. r-. O II. DEVELOPMENT PLANS CD Development or redevelopment of said land shall be in CD accordance with the plans approved by said Planning rs- Commission as well as by the Building and Engineering Officials of said City, and shall include but not be limited to the following items: Buildings or other structures; Removal of vegetation and filling or grading; Landscaping; and Access III. SETBACKS No building or structure shall be permitted or located nearer to any public right -of -way than a distance equal to the height of such building or structure; however in no case need the setback be greater than forty (40) feet from any public right -of -way or twenty (20) feet from any public line not adjacent a public right -of -way. .IV. LANDSCAPING There shall be established and maintained adjacent all City of Tukwila public rights -of -way a landscaped strip ten (10) feet in width, except for driveways not to exceed thirty (30) feet in width. There shall also be established and maintained adjacent all property lines not abutting a public right -of -way or abutting the Tukwila Freeway Interchange a landscaped strip five.(5) feet in width, except for driveways not to exceed twenty -four (24) feet in width. In addition to the above required land- scaping, for paved areas exceeding ten thousand (10,000) square feet in area five (5) per cent of such areas shall be appropriately landscaped and maintained. All land- scaped areas shall be served by an automatic underground sprinkler system and the plans for all landscaping are subject to approval by the City Planning Commission. V. OUTSIDE STORAGE T There shall be no outside storage of non - rolling goods or CV CD materials whatever. Garbage must be kept within a structure J CD or separate walled area of brick or better surrounded on at Cr) least three (3) sides by landscaped strips at least five (5) feet in width. VI. RIGHT -OF -WAY DEDICATION Upon development of the subject property for any use other than for single family residences a strip of land ten (10) feet in width and running north to south adjacent the west boundary of Fifty -Third Avenue South, from Southcenter Boulevard to the Tukwila Interchange respectively, must be dedicated by the property owner to the City of Tukwila at no cost to the City of Tukwila. VII. TIME PERIOD These covenants shall run With the land and expire on December 31, 1999, however if said land is not rezoned to C -2 (Local Retail Business) classification on or before December 31, 1973, said covenant shall be null and void. Any violation or breach of any of these restrictive covenants may be enforced by appropriate legal procedures in the Superior Court of King County or any other court or tribunal having jurisdiction thereover either by the City of Tukwila or any property owners adjoining said land who are adversely affected by said violation or breach. Ncvd. .97 Charles A. Fox Herbert L. Lamb �. � 7)` ..f Eliza Fox I1 X- Doris M. Lamb (fig Katherine A. Naylor j Alms C. St. Pierre foregoing instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed v my official• seal on said day and year.. ) STATE OF WASHINGTON ) ss COUNTY OF KING - 4 1973, before me personally appeared the individuals above signed, who executed the within and On this 1st day of Oct. • NOTARY PUBLIC in and i.fo ±_.th State of Washington ' rig.. .. . at Tukwila �0' Y GF�055 SET"IOF.I haal fs " �I' -dr 1 '} N v.5 MAX OFFICE:. . 5 C1 I L.D I W G EVELOPEP : TOO - AITON TUiLWII.A� ..: WAsi.huarrow ..,. LEWIS ENTERPRISES . AUBURN, WA. eaoo2 7' I% " - Wul f IoI= Ii% 24'f-a3" v;' P TS I CAL. 3o`L36" K E Y 3 4 5 7 8 PL.A N T 1., I ,S T • v p. R IE TY 7.7 - iU • .)A OCGID TALI5 PY2An1'175AL1S - AVAIL -ABLE Or-.1 51TE ACT Acerz. PLATANOIES /fk. /ELAND' - CLEVcLf,Jb. NORWAY MAPLE. HALESIA CAROLINA'- SILVER. WELL 71 - PoPe1L.U5 TREMU_OLCES CUT SIDE LIM135 TO F01241 SPALI_RS PHOTINIA R L y . PA CHY.SANDRZA TE2 1NAL15' JAPANESE SPURGE - A:. ANT 5" C.C. FOR GR.UNDCOVER2 COTo'?ASA z 17AN1h1ER_% - J.J CENTER. FFTz GROUVDCOVER PA>`NEYI CLACTEA) DATE REVISION CF PLAN Or 14 OCT: 1978 ITEM R E V I S I O N S =47111G /I T4 14 SIZE LANDSCAPE PLANTI N 4 FLAN OFFICE BUILPINCr DEVELOPER : TOM ,4 ITC N 1UKWILA, WA 1. GUAN. 9 . .7 R 3 DIAWIN{ A �OHN B. STRANDER, LANDSCAPE ARCHITECT TUIWIIA.. E WA3N. I$ 7 r V 1976 178 TULMI0N4 (SIAM 2■1 2424233 6431 53 .Pve .S . n G „ N _ I l� raw 1 1 10.1 -- OFFICE EtUILDII44 • DEVELOPza : TC41 AITON +iwdILA A 41. uGermi LEWIS ENTERPRISES AUBURN, WA. 11000>Z • .1%, - . . '.:•• (AA's r I = 20 Li! "■•, 80 I•4071, ta M. 7 I • • . • . . . • . 400 .10 1 i vt......ter :::C• C. ---- 1Nr..00611....,T •13r-r... .1. CAST i'.. 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