HomeMy WebLinkAboutPermit 77-28-R - VIPS MOTEL - REZONE77-28-R
SOUTHCENTER BOULEVARD
VIPS MOTEL REZONE
COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN
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Affidavit of Publication
STATE OF WASHINGTON 'eir : 00'. T;
COUNTY OF KING ss• PalENDI
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,4T/ON DATE OF 1'
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oath, deposes and says that .. ah a 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 Ordinance 1 6
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
9 day of May ,19 ....80., and ending the
day of ,19 , both dates
inclusive, and that such newspaper was regularly distributed to its sub-
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charged for the foregoing publication is the sum of $1. 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 Cierk
S nd sworn to before me this 9 day of
19 80
V.P.C. Form No. 87 Rev. 7 -79
. ,' Notary Public in and for the State of Washington,
• • ° r r residing at King County.
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Passed by the Legislature, 1955, known as Senate Bill 281, effective June
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adopted by the newspapers of the State.
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Enclosure.
City of Tukwila
Planning Division
6200 Southcenter Boulevard
Tukwila, Washington 98188 .433 -1845
Office of Community Development
Vip's Restaurants, Inc.
250 Liberty S.F.
PO Box 2508
Salem, Or. 97308
Attn: C. Robert Altman
Re: Ordinance 1031, Time Extension
Enclosed is a copy of City Ordinance 1156 adopted at last night's City
Council meeting. This document extends the expiration date of approvals .
granted rezone Ordinance 1031 to 15 August 1982.
TUKWILA PLA1VLi{{NG DEPT.
/
Mark Caughey
Acting Director
6 May 1980
CITY OF TUKWI
WASHINGTON
ORDINANCE NO /1-s
AN ORDINANCE OF THE CITY OF TUKWILA AMENDING
ORDINANCE NO. 1031, SECTION 3 (L) EXTENDING
THE EXPIRATION DATE OF REZONING APPROVALS
GRANTED UNDER SAID ORDINANCE 1031.
WHEREAS, on August 15, 1977, the City Council adopted Ordinance
1031 rezoning portions of the Vip's Restaurant property on Southcenter
Boulevard to permit construction of a 113 unit motel, and
WHEREAS, Stipulation 3L of that ordinance provided: "In the
event the proposed project is not completed within 3 years of the date,
the zone classification hereby granted shall revert," and
WHEREAS, prevailing economic conditions have constrained the
property owners from developing the motel structure, and
WHEREAS, the request for a two year extension of the zoning
approval reversion date is reasonable, and
WHEREAS, the applicants have demonstrated that they are sincere
in their desire to follow through with construction of this project and
will pursue necessary steps to construct the motel site plan in a timely
manner if the time extension is approved.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
(OUNCJL ACTION
MEEhNG
trpE
DAZE I AGENDA
I j ITEM
s
•
ACTION
P
Section 1. Section 3 (L) of Ordinance 1031 is amended to read
as follows: "In the event that substantial construction of the
proposed project is not completed w}0}A - years - -the -date
.by August 15, 1982, the zone classification hereby granted shall
revert."
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
tA
at a regular meeting thereof this ..5 day of /% 71 , 1980.
Published Record Chronicle -
Approved as to Form
�
41, -titiGC
C'ty Attorney, Lawre ce E. Har
AGENDA ITEM
CITY OF TUKWILA
PLANNING DIVISION
CITY COUNCIL
STAFF REPORT
• VIP'S REZONE - TIME EXTENSION REQUEST
SUMMARY OF PROPOSAL
On August 15, 1977, City Council adopted Ordinance 1031 (SEE, Exhibit A)
rezoning portions of the Vip's Restaurant property on Southcenter Boulevard
to permit construction of a 113 -unit motel. Stipulation 3L of that ordi-
nance provided:
"In the event the proposed project is not completed within
3 years of the date, the zone classification hereby granted
shall revert."
No work has been started on the motel project to date, nor has application
for a building permit been filed. The applicants are requesting modification
of Stipulation 3L to state:
"In the event that substantial construction of the proposed
project is not completed by 15 August 1982, the zone classification
hereby granted shall revert."
FINDINGS
1) On 28 July 1977, the Planning Commission held a public hearing on the
Vip's rezoning request (MF77 -28 -R) and recommended approval thereof based
on site plan (Exhibit B).
2) The Planning. Commission's recommendation of approval included the following
stipulations:
"8. A reclamation bond be posted with the City of Tukwila in
an amount equal to 100% the cost of grading and landscaping
above the 90 -foot contour line."
"12. In the event the proposed project is not completed to an
extent such that the reclamation bond is exercised, the zone
classifications hereby granted shall revert."
3) At its August 15, 1979 meeting, City Council reviewed the 28 July Planning
Commission recommendation on Vip's rezoning.
4) During the course of that review, Council concurred in the need to fix
a time limit on retention of the aforementioned reclamation bond, and
thus derived the current verbage of Ordinance 1031, Stipulation 3L.
5) On 7 March 1980, representatives of Vip's, Inc. met with the planning
staff to propose a modified layout of the motel site. Staff's response
is contained in the letter of 17 March 1980 (SEE, Exhibit C).
6) The proposed modification is necessary, Vip's officials contend, to
reduce cutting and severe grading of hillside site.
7) The proposed motel layout may require further modification to Ordi-
nance 1031 and extensive re- examination of the project's environmental
consequences prior to issuance of construction permits.
CONCLUSIONS
1) Compliance with stipulation 3L of Ordinance 1031 is infeasible even if
no modification of the approved site plan is proposed.
2) Current economic conditions including credit restrictions may prohibit
the applicants from proceding with the project within the next year;
hence, the two -year extension request is reasonable.
3) Minutes of the City Council's, and Planning Commission's deliberations on
this matter indicate no public concern with the time -limit provisions of
the rezone ordinance; thus, approval of the two -year extension request
does not contravene public interest in this project.
4) The applicants have demonstrated to staff that they are sincere in
their desire to follow- through with construction of this project, and
will pursue necessary steps to modify the motel site plan in a timely
manner if the time request extension is approved.
RECOMMENDATION
Staff recommends that a two -year extension of the rezone reversion deadline
be approved, and that Stipulation 3L of Ordinance 1031 be reworded as follows:
"In the event that substantial construction of the proposed project is
not completed by 15 August 1982, the zone classification hereby granted
shall revert."
IICSTAURANTS
ENC.
City of Tukwila
Attn: Mr. Mark Caughey
Assistant Planner
6200 Southcenter Blvd.
Tukwila, Washington 98188
Dear Mr. Caughey:
April 10, 1980
250 LIBERTY S. E. / P. 0. BOX 2508 / SALEM. OR 97308 / (503) 585-6221
Re: Ordinance No. 1031
Ordinance Number 1031 reclassified the zoning of the proposed
motel property surrounding our restaurant site on Southcenter Blvd.
in Tukwila. The reclassifications were made subject to a number of
conditions including one that stated "in the event the proposed
project is not completed within three years of the date, the zone
classification herein granted shall revert."
As you know, we have substantially expanded our restaurant
and have also done a considerable amount of work with respect to
new motel plans. However, because of current economic conditions,
it is not possible for us to begin construction of a motel in the
area at any time within the near future. We do not know how long
we will have to live with the higher interest rates and credit
restrictions. We would appreciate an extension of time within which
to complete the project.
It is not clear in the ordinance when the three years started .
to run. I believe the proper interpretation would probably be from
the time the ordinance was passed by the City Council, which was
August 15, 1977. We would appreciate the City Council granting an
additional two year extension to August 15, 1982, within which to
complete the improvements. Our request assumes that the current credit
restrictions will abate sometime before the summer of 1981 which should
permit us to complete the project within the two year extended time frame.
The REAL family restaurant
t1. . .
CITY Ci iL,;: IlA
APR 1 4 1980
Mr. Mark Caughey
April 10, 1980
Page 2
We will appreciate any assistance you can give us in the matter
as we are very concerned with the current time limitation.
Best regards,
C. Robert Altman
Vice President - Development
1908
•
; ofTu
Planning Division:
6200 Southcenter Boulevar
Tukwila, Washington 98188' : 433 -18
•:MZr -:n'' a
Office of Community evelopmen
Van Volkenburg As
29808 First Avenue. South ..f
Federal Way, Washington 98003,
Re:. Vip's Motel Preliminary Concept
As requested during our discussion of .7 March 1980, :our office.has reviewed
the subject plan . set (undated) and offers the .following observations:
1) The site plan . 'indicates development of a parking area . at. the north
east corner of the site, :in apparent conflict. with provision a) of
section 3, ordinance 1031.
After walking the site,•I concerned about the feasibility of ex-
tensive grading and construction in the area'indicated by your plan.
Additional study of the environmental aspects' of your ; revised pro
posal will be necessary.
The scope. of modifications .envisioned - in your plan, are significantly
divergent from the donditions imposed by the responsible. official in
the withdrawal. of affirmative, threshold.deterinination dated 15 July
1977 (EPIC- FD -42) .
To construct the project as you now .propose, . it..appears that .a.new 'applica-
tion for environmental' review and re-hearing of zoning. conditions imposed
under ordinance 1031, will. be necessary... Please note. that .should you wish
to re-hear the zoning: conditions and environmental -checklist, all aspects
of t h e project will be ',open .to .re- examination; and in essence , the project
will be treated as a new application.
Please call me 'if you have further questions:_
VIP's Restaurants
250 Liberty SE
P.O. Box 2508
Salem, OR 97308
Attention: Manager
Dear Sir:
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
Edgar Q Bauch, Mayor
December 29, 1978
V 0- I. n4/ /i .
On or about December 8, 1978, I placed a call to your office to inform you
of a condition placed on the rezone of property located at 5700 Southcenter
Boulevard, Tukwila, Washington. I talked to Mr. Lugland. He informed me
that someone would check into it and call me back. I received no call,• so
on December 21, 1978, I placed another call. I talked to Alan Blanchard.
He informed me that someone would check into it and call me back. As of this
writing, I have not been contacted.
The condition placed on the rezone as contained in Rezone Ordinance No. 1031,
Section 3, Sub - paragraph F (copy enclosed) requires the existing sign to be
brought into conformance with the Tukwila Municipal Code, Section 19 (Sign
Code) prior to a certificate of occupancy being issued. A certificate of
occupancy was issued on November 21, 1978. All building code requirements
had been met and, in order to expedite the opening of business, the certi-
ficate was issued as mentioned above.
This does not relieve VIP's from the requirements of the rezone ordinance.
After two unsuccessful attempts to resolve the issue by phone, you are hereby
informed that whatever action is necessary to gain compliance will be taken
including the withdrawal of the occupancy permit.
I am placing a time limit of ten (10) days from the date of receipt of this
letter as a reasonable time period for response to this letter. If no
action is started by that time to resolve the issue, I will have no choice
other than to turn the subject over to the city attorney for legal action.
Any action on your part will be appreciated.
AP /mb
Enclosure
Sincerely,
co?,
Al Piep
Building Official
City of Tukwila
`790$
14 December 1978
City of Tukwila
6200 Southcenter Boulevard
Tukwila Washington 98188
Edgar D. Bauch, Mayor
M E M O R A N D U M
TO: Terry onaghan, Public Works Director
FROM: Fre N. Satterstrom, Planning Supervisor
SUBJECT: VIP'S J REZONE
Ordinance #1031, adopted on 15 August 1978, rezoned the VIP's property
(which includes some Kato property as well) from R -3 to C -1 to RMH and
C -2. The Kato portion of that rezone was designated RMH by the rezone
ordinance. It should be noted that Ordinance #1031 is specifically
related to the development of the site for motel /hotel purposes. Any
other type of development would likely require either another rezone
or a waiver from the provisions ofOrdinance #1035.
Plans submitted with the application for rezone indicate access and
utilities to be directly connected to the Southcenter Boulevard systems.
No access or utility connections were proposed to extend to 62nd Avenue
South. However, this is not to say that during actual construction of
the motel or during the process of alternative development on the
property that the property owners would not propose to connect to 62nd
Avenue systems. Therefore, some sort of latecomers agreement would be
applicable to the L.I.D. for 62nd Avenue improvements.
You might consider the following wording:
"WHEREAS, plans for motel development authorized under Ordinance
#1031 for a portion of Tract #11 Interurban Addition, commonly
known as the Kato property, did not propose connection of access
or utility systems to the 62nd Avenue South systems at the time
of rezone action;"
"WHEREAS, the aforesaid plans may be changed in the future either
by separate rezone action, revised site planning, expiration of
Ordinance #1031, or other method to propose access or utility ser-
vice to or from the 62nd Avenue South systems;"
"THEREFORE, at such time as development plans for the above described
property may be revised to indicate service connection to the 62nd
Avenue South system, the property owner(s) shall be required to execute
a latecomer's agreement for L.I.D. improvement costs for 62nd Avenue South."
I hope this wording or something similar to it is what you're looking for.
FNS /ch cc: File MF 77 -28 -R
1 May 1978
MEMORANDUM
GC /ch
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
TO: Building Divisi
FROM: Gary Crutchfi: 'ss''ant Planner
SUBJECT: Grading Permit P s, Southcenter Boulevard
This office has reviewed the grading plan for the VIP's site (west end),
including the right -of -way portion, and the related landscape plan. (Revi-
sions dated 4/14/78.)
The grading permit is hereby approved by this office for issuance with the .
following stipulations:.
1. Parking for construction employees during grading and landscape
activities be provided on the VIP's property lying east of the
Arco service station site.
e( (Q.
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2. Grading of public right -of -way includes landscape and maintenance
thereof in accordance with the landscape plan on file with this office
and dated 4/14/78.
3. Performance bond (in the amount of $9,250) insuring compliance with
approved plans for grading and landscaping above the 90' contour line shall
be exercised, if necessary, after 180 calendar days from date of grading
..permit issuance.
6230 Southcenter Boulevard r Tukwila, Washington 98188 M (206) 242 -2177
PLANNINC
PARKS 8
RECREAT1011
BUILGING
11 January 1978
Larry Hard
LeSourd, Patten, Fleming & Hartong
3900 Seattle First Ntl. Bank Bldg.
Seattle, Washington 98154
Dear Larry:
Enclosed herewith you will find a copy of the performance bond submitted by
R. C. Winter & Associates for VIP's application for grading and excavation.
In case you do not remember, VIP's was required to post bond for grading and
landscaping activities on their site as a condition of rezone approval. I
am enclosing a copy of that ordinance ( #1031) for your review.
I would like you to check out the adequacy of the bond, its legality, and
any other factors you think relevent, and then notify me so that we can process
the permit.
I thank you in advance for your cooperation in this matter.
Si -rely,
8 N. `Satterstrom
Planning Supervisor
FNS /ch
cc: O.C.D.'Director
Mayor
Enclosure
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
PARKS d
RECREATION
PLANNING
BUILDING
10 January 1978
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Al Pieper, Building Official
FROM: ed
SUBJECT: VIP's Grading /Excavation Permit Application
Thanks for promptly forwarding the above- mentioned application. I have several
concerns.
1. I am forwarding the performance bond for grading and landscaping.to the
City Attorney for his review.
2. The landscape plan submitted with the grading application does not include 464444/ 44
a matrix or listing of all landscape materials to be used, their common
names or the quantity of each specie.
3. Plans submitted for grading and excavation also indicate parking arrangement,
internal circulation, and so forth. I hope they don't expect the City's
approval on these aspects at this time. Perhaps it should be noted on the grading/
excavation permit itself that approval of the grading permit does not constitute
approval of any other plans such as building or site plans.
4. Also, at this time I am in the process of finding out whether we will seek
sign code compliance on the restaurant sign in conjunction with this permit
or at a later date (possibly in conjunction with the building permit).
Please hold the application in abeyance until you hear from me regarding the
outcome of the above.
FNS /ch
cc: �11 Stoknes
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177
10 January 1978
FNS /ch
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
MEMORANDUM
TO: Kjel
FROM: red
SUBJECT: egal Nonconforming Freestanding Sign: VIP'S Restaurant
When would you rather enforce condition "f" of the VIP's rezone (Ordinance
#1031): At the grading /excavation permit stage or at time of building permit
application?
Condition "f" of Ordinance #1031 states "...that the present legal noncon-
forming sign for the VIP's restaurant be brought into conformance with the
City's sign code prior to issuance of occupancy permit for restaurant expansion."
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6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242-2177
•
January 6, 1978
Gentlemen:
Vary tr yours,
Richard GY. Win
R. C. Winter &Associates
City of Tukwila
Office of Community Developement
6230 South Center Boulevard
Tukwila, Washington 98188
Attention: Mr. Kjell Stocknos
Enclosed are letters outlining cost of work involved above
contour elevation 90. These costs are based on design
drawings G1, G2, and. G3 prepared by Charles R. Dahlen,
Architect.
The enclosed performance bond of $9,250.00 (Nine Thousand -
Two Hundred -Fifty Dollars) is based on the following cost
breakdown for work above elevation 90.
Boulevard - clearing, excavation, grading... $2,500.00
Gwyn - Landscaping... 4,250.00
R.C. Winter Company - Path and drainage
ditches... 2,500.00
Total Estimated Costs...
Please call us if you need additional information on the
project.
President
cc; Mr. Bob Luglan
Encl:
Re: Vip's Restaurant
Tukwila, Washington
$9,250.00
RECEIVED
CITY OF TUKw1tA
LA 91978
MING DEPT.
RCW /ct
12117 N.E. 66th STREET • KIRKLAND, WASHINGTON 98033 • 206 • 827 -9670
CITY OF T U K W I L A
S T A T E O F W A S H I N G T O N
Bond for full performance of condition of Building Permit.
KNOW ALL NIEN BY THESE PRESENTS that we R.C.WINTER & ASSOCIATES, INC.
a principal and UNITED PACIFIC INSURANCE COMPANY, a Washington
corporation organized and existing under and by virtue of the laws
of the State of Washington authorized to do and doing business
as a surety company in the State of Washington as surety are held
and firmly bound unto the City of Tukwila, a non - charter code city
of the State of Washington, in the penal sum of NINE THOUSAND, TWO
HUNDRED FIFTY AND NO /100ths Dollars ($9,250.00
lawful money of the United States for the payment of which Will and
.truly to be made we firmly bind ourselves, our and each of our
heirs, executors, administrators and assigns, jointly and severally
by these presents.
Sealed with our seals and dated this �7 day of
December , 19 77 •
The condition of the foregoing obligation is such that the
above -named principal has applied for a Building (Vi.'s Restaurant No. 22)
permit to be issued by the City of Tukwila and a condition of said
permit is: implementation of the grading and landscaping above the
9O' contour line. per submitted plans and construction of a trail
as agreed upon with the city.
RECEIVED
CITY OF TUKWILA
'JAN 9 1978
BUILDING DEPT.
to be fully performed in accordance with the plans and specifi-
cations therefore submitted to and approved by the City of Tuk-
/ /
wila and to be completed during a period ending on the
NOW, THEREFORE, if the above -named principal shall, within
said period of time fully complete and perform the conditions
above set forth and thereafter maintain same in good order, all
in accordance with the plans and specifications filed and the
appropriate rules, regulations and ordinances of the City of
Tukwila to the satisfaction of the City official
of the City of Tukwila, and if the above -named principal shall
indemnify and save harmless the City of Tukwila from all claims,
actions or damages of every kind and description which may accrue
as the result of the performance set forth above by him or those
in his employ, and that he will comply with all of the provisions
of his Building permit and all resolutions or
instruments relating thereto, then this obligation to be void',
otherwise to remain in full force and effect.
R. C & AS
rincipal
Surety Paula M. McCoy, Attbfrney -in -Fact
RFr:Ett,f7;
CITY 1i' f
.JAIL 9 1978
BUILDING DEPT.
UNITED P.( =F'IC IN$URANCC COMPANY
HOME OFFICE, TACOMA, WASHINGTON
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That the UNITED PACIFIC INSURANCE COMPANY, a corporation duly organized under the laws of the
State of Washington, does hereby make, constitute and appoint
PAULA M. McCOY of SEATTLE, WASHINGTON
its true and lawful Attorney -in -fact, to make execute, seal and deliver for and on its behalf, and as its act and deed
STATE OF Washington
COUNTY OF Pierce
My Commission Expires:
January 15 , 19 78
WBDU -1431 ED.6 /74
ANY AND ALL BONDS AND UNDERTAKINGS OF SURETYSHIP
and to bind the UNITED PACIFIC INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other
writings obligatory in the nature thereof were signed by an Executive Officer of the UNITED PACIFIC INSURANCE COMPANY and sealed and attested
by one other of such officers, and hereby ratifies and confirms all that its said Attorneys) -in -fact may do in pursuance hereof.
This Power of Attorney is granted under and by authority of Section 37A of the By -Laws of UNITED PACIFIC INSURANCE
COMPANY which provisions are now in full force and effect, reading as follows:
SECTION 37A — ATTORNEYS -IN -FACT
SECTION 1. The Board of Directors, the President, or any Vice - President or Assistant Vice - President shall have power and authority to: (a) appoint
Attorneys-in-fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other
writings obligatory in the nature thereof, and (b) to remove any such Attorney -in -fact at any time and revoke the power and authority given to him.
SECTION 2. Attorneys-in-fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute
and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof.
The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of
UNITED PACIFIC INSURANCE COMPANY at a meeting held on the 26th day of October, 1971, at which a quorum was present, and said Resolution
has not been amended or repealed:
"Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of
attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile
signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by
facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached."
IN WITNESS WHEREOF, the UNITED PACIFIC INSURANCE COMPANY has caused these presents to be signed by its Vice - President, and its corporate
seal to be hereto affixed, this 4th day of August 19 76
ss.
UNITED PACIFIC INSURANCE COMPANY
'Oe■GoW4*7
Execut Vice -President
On this 4th day of August 191E, personally ap e ared a MDRR IS E. BRO4
to me known to be the Vice - President of the UNITED PACIFIC INSURANCE COMPANY, and
acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Section 37A,Section 1
and 2 of the By -Laws of said Company and the Resolution, set forth therein, are still in full force,
Notary Public in and for State of
Residing at Tacoma
Washington
1, D. Keith Johnson , Assistant Secretary of the UNITED PACIFIC INSURANCE COMPANY, do hereby certify that the
above and foregoing is a true and correct copy of a Power of Attorney executed by said UNITED PACIFIC INSURANCE COMPANY, which is still in full
force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company this �7 day of December 191
As • •' t Secretary
L i blOULEVFIRI:1
XCflVflTING INC
P. O. BOX 6128 • SEATTLE, WASHINGTON 98188
11065 PACIFIC HIWAY SOUTH • (206) 762 -0650
December 29, 1977
R. C. Winter & Associates
12117 N.E. 66th Street
Kirkland, WA 98033
ATTN: Dick Winter
We are pleased to quote you the following prices as requested per
your revised site grading plan and letter dated November 22, 1977 for
Vips Restaurant located in Tukwila, Washington=
RA;jt
1. Lump sum price for clearing, excavation
and grading as per plan. $37,410.00
2. Lump sum price for clearing, excavation
and performance bond. 37,790.00
3. The total cost for work above elevation 90 °. 2,500.00
A) The above prices do not include engineering, handwork, or
Washington State Sales Tax.
Sincerely,
) As for the drainage ditch all we intend to do is rough
grade it, no gravel or asphalt.
C) As for the path, rough grade only, no crushed rock or
weed control.
D) The amount of material to be hauled to 208th & Military
Road is approximately 19,000 cubic yards.
BOULEVARD EXCAVATING, INC.
Richard Aries, Estimator
LANDSCAPE CONTRACTOR
January 4, 1978
C
R. C. Winter & Associates
12117 NE - 66th Street
Kirkland, WA 98033
WOODROW "WOODY" F. GWYN
515 .Edgewater NW • SALEM, OREGON 97304 • PHONE (503)
P. O. Box 5307 581 -2508
Dear Mr. Winter:
Pursuant to our telephone conversation of this date, I
am forwarding the information you have requested for submittal
to the City of Tukwila.
For that portion of landscape area lying above the ninety
foot contour, and as per plans submitted to us, our price will
be $4,250.00.
lkl
If we can be of further assistance, please contact us.
Sincerely,
WOODROW "WOODY" F. GWYN
gW14
57
BUILDING CONTRACTOR
PLANNING
PARKS A
RECREATION
BUILDING
18 August 1977
Mr. Bob L. Smith, President
VIP's Restaurant
250 Liberty S.E. Suite 200
P.O. Box 2508
Salem, Oregon 97301
Dear Mr. Smith:
ell Stoknes
0 C.D. Director
KS /ch
Attachment
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
The City Council approved your rezone request to C -2 and RMH on your property .
in the NE quadrant of the I -5 and I -405 interchange. This approval is con-
tained in the attached ordinance.
The rezone was granted subject to the conditions contained in the ordinance.
I feel the City Council was quite enthusiastic about your development pro-
posal and are looking forward to having the type of quality you proposed
located on the site.
Please have your architect check sprinkler requirements with our fire depart-
ment before building permit drawings are too far along. Our requirements
exceed U.B.C. Their phone number is 575 -4404.
Thank you for your interest in wanting to build in the City of Tukwila.
Sincerely,
6230 Southcenter Boulevard • Tukwila, Washington 98188 • (206) 242 -2177•
TUKWILA CITY COUNCIL REC! I .A. MEETING
August 15, 1977
rayc. v .._
PETITIONS, COMMUNICATIONS, APPEALS, AND SIMILAR MATTERS - Cont.
Waiver from
Res. #489,
(Slope Stability)
53rd Ave. South &
South 160th,
requested by
Jack Anderson
RECESS
9:55 P.M. -
10:00 P.M.
rdinance #1031 -
Reclassification of
certain land from .
R -3 and C -1 to
RMH and C -2,
VIP Restaurant
Site
Fred Satterstrom, speaking on behalf of the staff report, stated that
the proposal was analyzed with respect to the natural environment
element of the Conphrehensivd Plan and generally was not found to be
in conformance with the emerging policy. He explained that he has
not seen a proposal come as close to disturbing or influencing the
entire site as this one. As many units as this on this small piece
of ground, laid out in this manner, necessarily disturbs the entire s
and it must be regraded. This is why staff recommended as they did,
have the applicant revise the plans to reflect a greater concern for
natural environment.
Jack Anderson, owner, stated that the going rate for apartment proper
is $2,000 per unit.
Councilman Bohrer stated that the soils report doesn't appear to addr
the slide areas. Mr. Bryant read a short section from the soils repo
concerning the slides: ".... There is no evidence of recent or poten
tial massive movement."
Dennis Robertson stated that there is a creek running through the
property right now and it could not be retained in a 4 -inch main.
Paving this area isn't going to help. He felt that most of the
traffic will go up the hill into the residential area.
Mr. Glen Butler, owner, stated that everyone wants this to be reside
but no one has considered that the first sewer hookup will cost $20,0
and this property would only accommodate about six houses.
Councilman Bohrer asked if the trees on the drawing exist and was tol
no, not in the size shown.
MOVED BY MRS. PESICKA, SECONDED BY BOHRER, THAT COUNCIL GO ALONG WITH
STAFF'S RECOMMENDATION AND DENY THE WAIVER. *
Councilman Bohrer stated that if the waiver is denied and the applica
comes back with a less severe proposal he would like to see the subject
of a scale drawing addressed and the sub - surface water issue. Also,
he would like to have the City consider having a soils expert review
the data submitted. Councilman Van Dusen agreed with staff's
recommendation.
* MOTION CARRIED.
MOVED BY SAUL, SECONDED BY MRS. PESICKA, THAT COUNCIL RECESS FOR FIVE
MINUTES. MOTION CARRIED.
Mayor Bauch called the meeting back to order with Council Members ,
present as previously stated.
MOVED BY HILL, SECONDED BY SAUL, THAT THE AGENDA BE AMENDED TO INCLUDE
ITEM 9a AT THIS TIME. MOTION CARRIED.
MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE PROPOSED ORDINANCE BE
READ BY TITLE ONLY. MOTION CARRIED.
Deputy City Attorney Hard read an ordinance approving the reclassifi-
cation of certain land from R -3 (Three and Four Family Dwellings) and
C -1 (Neighborhood Retail Business) to RMH (High Density Multiple
Residence) and C -2 (Local Retail Business) for a new motel and
expansion of the present restaurant, all subject to certain conditions.
MOVED BY MRS. PESICKA, SECONDED BY HILL, THAT ORDINANCE NO. 1031 BE
ADOPTED AS READ.*
:�. 474.� .017 L CITY COUNCIL RPGUL
.FETING
iiiiiRaitust 15, 1977
•
Ordinance #1031
Reclassification of
certain land from
R -3 and C -1 to
P,MH and C -2,
VIP Restaurant
Site - Cont.
OLD BUSINESS
Bluff Street
Hiking Trail
City Hall
Landscape Plan
Councilman Bohrer asked if provisions have been made to handle the not
from two freeways that pass directly in front.
Representative of VIP's Restaurants, Inc. stated that, at this point,
they haven't definitely decided on double glass, but it will be evaluat
when they discuss heating.
Councilman Bohrer expressed concern about the architecture on the fror
of the building. It forms a cavern for noise to go directly in. He
also questioned the scale of the building versus the scale of the
surrounding hillside and wondered if the peak of the building would bE
above the level of some of the apartments behind them. The building
may be high enough to block the view of some of the apartments.
Councilman Saul asked if everything that was included in the staff
report is included in the Ordinance. Kjell Stoknes, OCD Director,
assured him that it was. He questioned paragraph L - "In the event the
proposed project is not completed t� an extent such that the reclama-
tion bond is exercised, the zone classifications hereby granted shall
revent." He asked .if therevas a..time .stated on this. Kjell Stoknes
explained the meaning and said Council could set a time limit.
Councilman Hill questioned if the length of time for the bond should
be stated and suggested three years.
Councilman Bohrer said he would like to see: (1) a completion date,
(2) a noise level requirement, and (3) a projection of the building
from the Southcenter area. It appears to be a very excellent project.
He further suggested bringing it back to the table on September 6.
The Representative of VIPS stated if they have to go one more meeting,
they will not be able to start the project for one more year.
Kjell Stoknes, referring to Councilman Bohrer's question on height, sa
the height of the building will not be as high as the foundation 6f
any of the structures above.
MOVED BY BOHRER, SECONDED BY VAN DUSEN, THAT THE ORDINANCE BE AMENDED.
TO INCLUDE A COMPLETION DATE OF THREE YEARS FROM THE PRESENT DATE AND
ALSO THAT THE NOISE LEVEL IN THE ROOMS, FROM OUTSIDE SOURCES, NOT
EXCEED THE CITY OF SEATTLE STANDARDS. MOTION CARRIED.
* MOTION CARRIED AS AMENDED.
Kjell Stoknes reported that he has nothing back from Dames and Moore
on the Bluff Street Hiking Trail.
MOVED BY TRAYNOR, SECONDED BY HILL, THAT THIS ITEM BE PLACED ON THE
AGENDA FOR THE COMMITTEE OF THE WHOLE MEETING OF AUGUST 22, 1977.
MOTION CARRIED.
Carl Stixrood reported that he met with the architect to discuss the
landscape plan, and Mr. Emrich had several suggestions. Mr. Stixrood
displayed a new drawing incorporating these ideas. He explained tha
the gazebo was eliminated as it distracted from the building. The
original pondand shrubbery would be left. There would be a path .
through a uniform sloping lawn from the parking lot to the street.
The water area on the west would be preserved. The water area was
discussed further, preserving the existing apple trees was noted, us
of the existing basement for storage was discussed along with fill
of the front lawn area.
Mayor Bauch cautioned about losing sight of proposed future expansi
of a wing along the south parking lot.
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO J S /
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
APPROVING THE RECLASSIFICATION OF CERTAIN LAND FROM R -3
(THREE AND FOUR FAMILY DWELLINGS) AND C -1 (NEIGHBORHOOD
RETAIL BUSINESS) TO RMH (HIGH DENSITY MULTIPLE RESIDENCE)
AND C -2 (LOCAL RETAIL BUSINESS) FOR A NEW MOTEL AND EX-
PANSION OF THE PRESENT RESTAURANT, ALL SUBJECT TO CER-
TAIN CONDITIONS.
WHEREAS, the applicant did receive approval of a waiver under resolu-
tion #489 on April 4, 1977, and;
WHEREAS, on April 11, 1977, the Responsible Official of the City of
Tukwila, due to identification of potential negative environmental effects,
did require an environmental impact statement on the rezone and new motel and
restaurant expansion project, and;
WHEREAS, the applicant did address the negative environmental impacts
identified by the Responsible Official and did modify the proposal to the extent
that the Responsible Official did withdraw the'requirement of preparing an envir-
onmental impact statement pursuant to WAC 197 -10 -370 subject to certain condi-
tions being complied with, and;
WHEREAS, the Planning Commission did consider the matter at a public
hearing, as required by law, at their regular meeting of July 28, 1977, and did
recommend favorably thereon, subject to certain conditions:
NOW, THEREFORE, BE IT RESOLVED by the Tukwila City Council as follows:
Section 1. The following described property, shown on the attached
map (Exhibit A) is hereby reclassified from C -1 and Unclassified to C -2:
THAT PORTION OF TRACT 35 OF BROOKVALE GARDEN TRACTS, AS
PER PLAT RECORDED IN VOLUME 10 PLATS, PAGE 47, RECORDS OF KING
COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO-WIT:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST
25 FEET OF AN UNPLATTED STRIP LYING EAST OF SAID TRACT 35 AND AS
DESCRIBED IN DEED FROM TONY S. KATO AND DORIS M. KATO, HIS WIFE,
TO RESTAURANT INDUSTRIES, INC., AND RECORDED UNDER RECORDING NO.
720803 -0148, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF
STATE HIGHWAY AS CONDEMNED IN KING COUNTY COURT CAUSE NO. 600726,
THENCE NORTH 65 ° 16'34" WEST ALONG SAID NORTHERLY LINE 163.00 FEET
TO THE TRUE PLACE OF BEGINNING: THENCE CONTINUING NORTH 65 ° 16'34"
WEST ALONG SAID NORTHERLY LINE 206.81 FEET TO A CONCRETE HIGHWAY
RIGHT OF NY MARKER: SAID MARKER BEING AT A POINT APPOSITE H.E.S.P.C.
(I -RE) 158 +93.30 ON THE I -RE LINE OF STATE HIGHWAY ROUTE 5 (PSH NO. 1),
SOUTH 179TH STREET TO SOUTH 126TH STREET, AND 70.00 FEET NORTHEASTERLY
THEREFROM: THENCE NORTH 57 ° 11'49" WEST 174.01 FEET TO A POINT 85.00
FEET NORTHEASTERLY WHEN MEASURED AT RIGHT ANGLES TO SAID I -RE LINE OF
SAID HIGHWAY: THENCE NORTHERLY 160.00 FEET, MORE OR LESS, ON A LINE
LYING EASTERLY AND 70.00 FEET DISTANT WHEN MEASURED AT RIGHT ANGLES
AND OR RADIALLY TO THE MAC ROAD CENTERLINE SURVEY OF SAID HIGHWAY:
SAID 160.00 FEET INTERSECTING A LINE 160.00 FEET FROM AND PARALLEL
WITH SAID NORTHERLY LINE OF STATE HIGHWAY: THENCE SOUTH 65 ° 16'34" EAST
PARALLEL WITH SAID HIGHWAY NORTHERLY LINE, 453.00 FEET, MORE OR LESS,
TO THE INTERSECTION OF A LINE WHICH BEARS NORTH 24 ° 43'26" WEST 160.00
FEET TO THE TRUE PLACE OF BEGINNING.
Section 2. The following described property, shown on the attached map
(Exhibit A) is hereby reclassified from C -1 and R -3 to RMH:
PARCEL A:
THAT PORTION OF TRACT 11, OF INTERURBAN ADDITION TO SEATTLE ACCORDING
TO PLAT THEREOF RECORDED.IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 11; THENCE SOUTH 0 ° 35'
WEST ALONG THE WEST LINE OF SAID TRACT 11, A DISTANCE OF 228 FEET;
THENCE NORTH 89 ° 52' EAST PARALLEL WITH THE NORTH LINE OF SAID TRACT 11
A DISTANCE OF 185 FEET, MORE OR LESS, TO THE WEST LINE OF THE EAST
450.86 FEET OF SAID TRACT 11; THENCE NORTH 0 °08' WEST ALONG SAID WEST
LINE 228 FEET TO THE NORTH LINE OF SAID TRACT 11, THENCE SOUTH 89 °52'
WEST 181.79 FEET TO THE POINT OF BEGINNING; AND
PARCEL B:
THAT PORTION OF TRACT 11, OF INTERURBAN ADDITION TO SEATTLE, ACCORDING
TO PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 11, DISTANT SOUTH
0 WEST 228 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH
89 EAST PARALLEL WITH THE NORTH LINE OF SAID TRACT 11, A DISTANCE
OF 185 FEET, MORE OR LESS, TO THE WEST LINE OF THE EAST 450.86 FEET OF
SAID TRACT 11; THENCE SOUTH 0 °08' EAST ALONG SAID WEST LINE 260 FEET,
MORE OR LESS, TO THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 1, R.E.
AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 5473599; THENCE NORTH 70 °32'27" WEST ALONG SAID NORTHERLY LINE
198.57 FEET, MORE OR LESS, TO THE WEST LINE OF SAID TRACT 11, THENCE
NORTH 0 °35' EAST 194.22 FEET TO THE POINT OF BEGINNING; AND
PARCEL C:
TRACT 35 OF BROOKVALE GARDEN TRACTS AS PER PLAT RECORDED IN VOLUME 10
OF PLATS ON PAGE 47, EXCEPT THAT WEST 150 FEET THEREOF MEASURED ALONG
THE NORTH LINE, TOGETHER WITH AN UNPLATTED STRIP OF LAND ADJOINING SAID
PROPERTY ON THE EAST LYING BETWEEN THE EAST LINE OF SAID PROPERTY AND
THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH,
-2-
RANGE 4, EAST. W.M.: LESS PORTION DEEDED TO KING COUNTY FOR ROAD, LESS
PORTION DEEDED TO STATE OF WASHINGTON FOR HIGHWAY RIGHT OF WAY; AND
PARCEL D:
THAT PORTION OF LAND LYING SOUTHWESTERLY OF TRACT 35 OF THE BROOKVALE
GARDEN TRACTS, KING COUNTY, WASHINGTON, BEGINNING AT A POINT NORTH
65°15'34" WEST 397.135' FROM THE SOUTH EAST CORNER OF SAID TRACT.
THENCE NORTH 57 WEST 174.01' TO THE INTERSECTION OF THE EXTEN-
SION OF A CURVED LINE MARKING THE WESTERLY 150' OF THE AFORENAMED
TRACT 35; THENCE NORTHERLY TO THE SOUTH BOUNDARY OF SAID TRACT 35;
THENCE ALONG THE SOUTH BOUNDARY OF SAID TRACT 35, SOUTHEASTERLY AND
SOUTHWESTERLY TO THE POINT OF BEGINNING;
LESS, THAT PORTION OF TRACT 35 OF BROOKVALE GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 10 OF PLATS, ON PAGE 47, RECORDS OF KING
COUNTY, WASHINGTON, AND OF THE UNPLATTED STRIP OF LAND ADJOINING ON
THE EAST, LYING BETWEEN THE EAST LINE OF SAID TRACT 35 (SAID EAST LINE
BEING ALSO THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M.) AND THE WEST LINE OF THE INTERURBAN ADDI-
TION AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, ON PAGE 55, RECORDS OF
SAID COUNTY, COMMONLY KNOWN AS THE ARCO PROPERTY AND DESCRIBED AS A
WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID INTERURBAN ADDI-
TION WITH THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 1 RE AS
DESCRIBED IN PARCEL "A" IN KING COUNTY SUPERIOR COURT CAUSE NO. 600726;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH
A LINE WHICH IS PARALLEL WITH THE 25 FEET WEST, MEASURED AT RIGHT ANGLES,
FROM THE WEST LINE OF SAID INTERURBAN ADDITION AND THE TRUE POINT OF
BEGINNING: THENCE CONTINUING NORTHWESTERLY ALONG SAID NORTHERLY LINE OF
THE HIGHWAY A DISTANCE OF 163 FEET;
THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID NORTHERLY LINE A DISTANCE
OF 135 FEET; THENCE SOUTHEASTERLY PARALLEL WITH SAID NORTHERLY LINE TO
A POINT IN THE AFORESAID LINE WHICH IS PARALLEL WITH THE 25 FEET WEST
OF THE WEST LINE OF SAID INTERURBAN ADDITION;
THENCE SOUTHERLY ALONG LAST SAID PARALLEL LINE TO THE TRUE POINT OF
BEGINNING;
AND, LESS THAT PORTION OF THE TOTAL HEREINABOVE DESCRIBED PROPERTY
TO BE REZONED TO C -2.
Section 3. Said reclassifications as stated in Sections 1 and 2 above
are subject to the following conditions:
a. That portion of the subject site lying above the 150 -foot contour
line remain in a natural state.
b. That any grading on City owned property on the west end of the subject
site be consistent with Chapter 70 of the Uniform Building Code.
c. The base of any freestanding sign used to identify the premises,
either the restaurant or the motel, shall not be placed above the
90 -foot contour line.
-3-
C
d. Flagpoles not to exceed 35 feet in height and base of flagpoles
not placed above the 90 -foot contour line.
e. Refuse disposal area to be architecturally screened.
f. That the present legal nonconforming sign for the VIP's restaurant
be brought into conformance with the City's Sign Code prior to
issuance of Occupancy Permit for restaurant expansion.
That a trail be constructed in accordance with the conditions set
forth in the Declaration of Non - Significance.
h. A reclamation bond be posted with the City of Tukwila in an amount
equal to 100% the cost of grading and landscaping above the 90 -foot
contour line, per submitted plans (M /F 77 -11 -R, Exhibits A and B).
i. All deciduous shade trees south, west or east of the proposed
structure to be a minimum of 3" caliper at time of planting and
healthy.
Adequate provisions for parking for construction employees and
construction materials storage be provided.
k. Exterior treatment of structures be accomplished in substantial
compliance with letter from Charles Dahlen dated 22 July 1977.
1. In the event the proposed project is not completed within 3 years
of the date, the zone classification hereby granted shall revent.
g.
J•
A'proved as to form:
m. The noise level in the rooms, from outside sources, shall not
exceed standards established by the City of Seattle.
Section 4. The summary, findings and conclusions of City Council Staff
Report dated 8 August 1977, as found in the Office of Community Development Plan-
ning Division File No. MF- 77 -28 -R is adopted by reference as though fully set
forth herein.
Section 5. The conditions of the Responsible Official for the City of
Tukwila for the withdrawal of the Affirmative Threshold Determination are supported
by the City Council and shall be complied with.
Section 6. A copy of this ordinance shall be delivered to the following:
a. Applicant
b. Planning Division of the Office of Community Development
c. Public Works Department
d. Fire Department
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof, this 1 day of
D ate - �fr oved Mayor
4 dead
HP� Y
ATTEST:
eputy City Attorney
.,..P.or•nrrl_Cfir•nnirla _ 1?iinit�a_19 .1.Q7.i
A EA.,
, 1977.
<HIBIT A
t P L La-AT/CH MAP b•' 6
a'.�►LM 1 ' ICIO
', ?TOv
1 PiTeic ti APPITICM
NO T11
ORDINANCE NO
WASHINGTON
bf� 9 T)
�'�7 9
-1-
AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY
FROM R -3 ZONING TO C -1 ZONING WITHIN THE
CITY OF TUi' WILA.
WHEREAS The owners of the following described property
have petitioned the Planning Commission requesting re- classification
of said property from R -3 zoning to C -1 zoning in conformity with
the comprehensive plan, and
WHEREAS Public hearings on said petition were held
before the Planning Commission of the City
of Tukwila, and the City Council having received a favorable
recommendation from the Planning Commission with respect to
the aforementioned petition, and
WHEREAS The City Council finds the requested classi-
fication to be in furtherance of the public health, safety and
general welfare,
NOW, THEREFORE, The City Council of the City of Tukwila,
Washington, do ordain as follows:
Subject to the conditions set forth below, the following
described real property is hereby classified as C -1 in accordance
with Ordinance No. 251 of the City of Tukwila, as amended, and •
the City Council hereby adopts the attached map showing Said
classification for the real property described as set forth in
Exhibit A attached hereto.
The re -zone to classification C -1 is subject to.the
following conditions:
1. That the North line of the C -1 boundary be
100 feet from the present C -1 zone.North
boundary and . run parallel to Southcenter Boulevard.
2. That land be provided for future public access
to land to the North and East of the subject prop-
erty described herein, to eventually tie with 62nd
Avenue South and the exact location of the right -
of -way be mutually placed.
3. That there be provided left turn channelization
and widening of Southcenter Boulevard. Said widen-
ing shall provide for an additional traffic lane to
be a minimum of 12 feet wide and 5 feet more for a
future pedestrian sidewalk. Said channelization
and widening shall be approved by the Director of •
Public Works and be provided at no cost to the City.
4., That all exposed slope cuts will be landscaped
in accordance with plans drawn by a qualified
landscape architect.
5. That there be provided a storm sewer along
Southcenter Boulevard at no cost to the City.
6. That a street meeting City standards be devel-
oped on the West property line in conjunction with
the landowner to the immediate West. This is to be
approved by the Director of Public Works.
7. The owner, for himself and for his heirs,
grantees, executors, administrators and assigns,
agree to participate in any future L.I.D. for
traffic signalization along Southcenter Boulevard.
8. That a detailed definitive sigh plan dis-
playing the above conditions be roved by the
City Council.
9. That any structures erected on said property
be built in accordance with Fire Zone No. 2
requirements as specified by the Uniform Building
Code.
10. That if improvements are not constructed upon
the property described herein within a period of
two years, then the zoning revert back to R -3
zoning.
That the City Clerk is directed to record a copy of this
Ordinance and map with the County Auditor :.
PASSED By the City Council and approved by the Mayor
this IC; day of C= Gx_. , 1972.
Mayor .
Approved as to form:
11 a
Published: 4
Attest:
Beginning at the Northwest corner of Tract 11 of the
Interurban Addition to Seattle, as recorded in Vol. 10
of Plats, page 55, Records of King County, Washington;.
thence South 0 °35' W. 240.00 feet along the West line
of said Tract 11 to the true point of beginning; thence
North 89 °52' E. parallel to the North line of said
Tract 11, 184.79 feet; thence South 0 °08' East 285
feet, more or less, to a line that lies 70 feet
northerly of and parallel to the center line of Primary
State Highway 01 R.E.; thence North 70 °30'27"
West along said line to a point from which the true
point of beginning bears South 0 °35' West; thence. North
0 °35' East 206 feet more or less to the true point of
beginning.
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WASHINGTON
ORDINANCE NO. �
6J
AN ORDINANCE AMENDING ORDINANCE 251, AS
AMENDED, AND THE ACCOMPANYING OFFICIAL
ZONING MAP OF THE CITY OF TUKWILA BY CHANGING
THE CLASSIFICATION OF CERTAIN PROPERTY IN
THE CITY OF TUKUWILA FROM RMH to C -1
vot 143 PAGE 213
WHEREAS, the owner of the property described below has
petitioned the City Planning Commission and City Council for re-
classification of said property from multiple residential high
density district, RMH to neighborhood retail business, C -1; and,
WHEREAS, the Planning Commission, after public hearing
on said petition, has recommended the City Council approve the
reclassification of the said property from RMH to C-1, provided
that certain covenants and conditions be attached to the rezone
for protection of property and persons located in the vicinity;
and,
WHEREAS, the owners of „said property have executed a
• concomitant agreement in favor of the City of Tukwila which has
been filed with the City. which is by reference hereto made
a part of this Ordinance; and,
WHEREAS, the City Council finds that the covenants and
conditions entered into by the owners of said property in said
agreement offer the protection and benefit of the public generally
and the public welfare in particular; and,
WHEREAS, the City Council concurs in the recommendation
of the Planning Commission and finds that the requested reclassi-
fication of the property described below from multiple residential
high density, RMH, to neighborhood retail business, C -1, to be
within the.public health, safety, and general welfare.;
NOW, THEREFORE, The City Council of the City of Tukwila
do ordain as follows:
Section 1. That Ordinance No. 251, as amended, and the
official zoning map of the City of Tukwila, are hereby amended
NDED
5
fo
cl
APPRO
by changing the classification of the following described land
from RMH (multiple residential high density) to C -1 (neighborhood
retail business):
Tract 35 of Brookvale Garden Tracts; as per plat recorded
in Volume 10 of Plats on Page 47, records of King County,
EXCEPT the West 220 feet thereof, measured along the North
line „AND EXCEPT that portion conveyed to King County for
road; ALSO an unplatted strip of land adjoining said
property on the East lying between the East line of said
property and the East line of the Southwest * of Section
23, Township 23 North, Range 4 East, W.M.; EXCEPT portion
condemned for highway purposes in King County Superior
Court Cause No. 600726. Situate in the City of Tukwila,
County of King, State of Washington.
PASSED by the City Council of the City of Tukwila,
Washington and approved by the Mayor this 18th day of August, 1969.
ATTEST:
City Clery
AS TO FORM:
Ci jr ttorney
•'1
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Mayor
r
.
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31. ) 4 Ylih
PROPERTY USE AND DEVELOPMENT AGREEMENT
j : 3
This ins l r•runerr t executed this date in f ;,.vnr of t.Iu: l;1 Ly or
Tukwila, n rnun:ic:i.1.>a.1. corporation (h rein cF► 1.l.cd "City"), by
George V. Forsyth, and Elsie Forsyth, his wife, (herein (a 11 eel
"Owner ") ,
WITNESSETH:
WHEREAS', Owner is the owner of property 1 ocated within
the city limits of Tukwila, King County, Washington, described
as follows:
Tract 35 of I3rookval.e Garden Tracts; as per p l a t recorded in'
Volume 10 of Plats on Page t17, records or King County, EXCh'f'T
the West 220 feet thereof, measured along the North .line, AND
EXCEPT th ;rt portion conveyed to King County for woad; ALSO an
unplatted strip of land adjoining said property on the .East .
lying between the East line of said property and the East line
of the Southwest IT of Section 23, Township 23 North, Range 4
r
East, W.M.; EXCEPT portion condemned for highway purposes in
King County Superior Court Cause No. 600726. Situate in the
Town of Tukwila, County of King, State of Washington.
WHEREAS, Owner has filed a p titi on to rezone the
Sorithr:r.l y 150 L'c:t t p;r.r u I. 1r. I .i.ug the centerline of South 1 "i t:lr
Street or. Southcenter. Boulevard to C -1 (herein called "Property ")
and
WHEREAS, the City Planning Commission has recommended to
the City Council that the property be rezoned only upon execution
of a Property Use and Development Agreement (herein called
"Agreement "), and that otherwise the petition should be denied;
NOW, THEREFORE,
1. In the event the City finds that reclassification of
the property to C -1 is within the public health, safety and '
general welfare, and subsequently rezones the property to C -1;
then the Owner in consideration thereof and for so long as the
property remains,so classified, hereby covenants, bargains, and
agrees to the following covenants and conditions on behalf of
himself, his heirs, successors and assigns:
(a) Provide left turn channelization and widening
of Southcenter Boulevard, as shown on drawing
by Mr. Gerald Cysewski, P. E.; more particularly
described in Exhibit "A" attached hereto and in-
.
corpor.ated by this reference.: Said widening shall
A / �.� 7 8
provide that the additional traffic lane be a
minimum of 12 feet wide and 5 feet more for a
future pedestrian sidewalk. Said channeJ ization
and widening shall be approved by the City Engineer
and be provided at no cost to the city.
(b) In addition to the access provided by ch nneliza-
ti.on, access along Southcenter Boulevard shall be
limited to two forty foot right turn entrances
and exits.
(c) All exposed slope cuts will be landscaped in
accordance with plans drawn by a (Inr11 i . f i c:rl Land-
scape architect.
(d) Provide storm sewer along Southcenter Boulevard
at no cost to the city.
(e) If a future study indicates the feasibility of
a street along the east Rroperty line, agree to
join with adjacent owners in dedicating the
necessary right of way.
(f) Agree to participate in any future L.I.D. for
traffic signal.ization along Southcenter Boulevard.
(g) Grant easement for relocated sewer line across
the southwest corner of the property, providing
that said easement does not interfere with future
development.
-
2. This agreement shall be recorded in the records of
the King County Auditor and the covenants herein shall be deemed
to attach to and run with the land and shall be binding upon the
Covenantor, his successors and assigns. All building, occupancy
and use permits hereafter applied for or issued shall be subject
to the terms, conditions and limitations or this agreement. .
3. The City may institute and prosecute any proceedings
at law or equity to enforce this agreement and the City shall be
entitled to reasonable attorney's fees for such enforcement pro-
ceedings which may he imposed as a charge against said property.
4. It is further expressly agreed that in the event any
covenant, condition or restriction hereinabove contained or any
partition thereof is invalid or void, such invalidity or voidness
shall in no way effect any other covenants, conditions or restric-
tions herein contained.
5. That partial waiver or waiver by acquiescence by
the City of any covenant or condition or restriction of this
agreement shall not be a waiver of any other covenant, condition
or restriction of this agreement.
IN WITNESS WHEREOF, this agreement if executed
18th day of August, 1969, at Tukwila, Washington.
STATE OF WASHINGTON,
County of
On this day personally appeared before me George V. Forsyth
and Elsie Forsyth to me known to be the individuals described in
and who executed the within and foregoing instrument, and acknowl-
edged that they signed the same as their free and voluntary act and
deed, for the uses and purposes therein mentioned.
GIVEN under
1969.
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my hand and official seal this
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State of Washington, residing
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18th clay of August,
rtIN' rnr of ? 7 ./0 ' i v. �Nari�st of (// 4.5 U-t.
o,'1nFRT N. MOi!RIS, Count', Auril> .r
hereby amended to:
ORDINANCE NO. 303
•
AN ORDINANCE OF THE TOWN OF TUKWILA AMENDING USE DISTRICT
BAPS 3I[ICH ARE A PART OF ORDINANCE NO 251, THE TUICWILA
COMPREHENSIVE ZONING ORDINANCE.
t�
WHEREAS, the Tukwila Planning Commission, acting pursuant to
Section 4 -24 of the aforementioned Qrdinance No. 251 and upon
petition of property owners involved propose an amendment to the
Use District Maps adopted as a part of said Ordinance No. 251; and
Whereas, under the authority of said Ordinance, the said
Commission did fix a date for hearing upon said proposed amend-
ments and did publish due notice of said hearing as required by
law; and
WHEREAS, the said Planning Commission held a public hearing .
upon said proposed amendments on May 19, 1960, all as required
by said Ordinance and did make its recommendations to Tukwila
Town Council favoring the adoption of said amendment; and
WHEREAS, pursuant to action of said Council under the author-
ity of said Ordinance, due notice of a hearing upon said proposals
was published as required by law; and
WHEREAS, a public hearing by said Town Council was held upon
said proposed amendment and said recommendations of said Town
Planning Commission on July 5, 1960, and no objection was made
to the said amendment;
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
TUk ILA:
. SECTION 1. That the USE DISTRICT MAPS heretofore adopted as
a part of Ordinance No. 251 of the Town of Tukwila, being the
Tukwila Comprehensive Zoning Ordinance, be and the same is
SECTION 2. That this Ordinance shall be in effect from and
after its passage, approval and publication provided by law.
PASSED this 5th day of July, 1960.
. l .
Lois T. Newton, Clerk
APPROVED this 5th day of July, 1960..
Rezone to R -M -H, as defined in Tukwila Ordinance No. 298,
that area legally.described as follows:
Tract 35 of Brookvale Gaeden Tracts, as per plat recorded
in volume 10 of Plats on page 47, records of King Uounty,
EXCEPT the west 220 feet thereof, measured along the north
line, AND EXCEPT that portion deeded to King County for
Road; ALSO an unplatted strip of land adjoining said pro
perty on the East lying between the east line of said
property and the east line of the southwest quarter of
Section 23., Township 23 North,.Range 4 East W.M.; situate
in the Town of Tukwila, County of King, State of Washington.
Ord. No. 308
Charles O. Baker, Mayor
ORDINANCE NO 307
.:fit; ORDINANCE OF TFIE TOWN OF TUKWILA A11IEtiNDING USE DISTRICT
r.tAP.M 'WHICH ARE A PART or ORDINANCE NO. 251, THE TUKWILA
CC)MPREHENSIVE ZONING ORDINANCE.
WWHEREAS, the Tukwila Planning Commission, acting pursuant to
Section 4 -24 of the aforementioned Ordinance No. 251 and upon
petition of property owners involved, propose an amendment to the
Use District Naps adopted as a part of said Ordinance No. 251; and
WHEREAS, under the authority of said Ordinance, the said
Coniinission did fix a date for hearing upon said proposed amendment
and did publish due notice of said hearing as required by law; and
WHEREAS, the said Planning Commission held a public hearing
upon said proposed amendments on May 19, 1960, all as required by
said Ordinance and did make its recommendations to Tukwila Town
Council, favoring; the adoption of said amendment; and
WHEREAS, pursuant to action of said Council under the authority
of said Ordinance, due notice of a hearing upon said proposals was
published as required by law; and
WHEREAS, a public hearing by said Town Council was held upon
said proposed amendment and said recommendations of said Town
Planning Commission on July 5, 1960, and no objection was made to
the said amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
TUKWILA:
APPROVED this 5th day of July, 1960.
.. •
Charles 0. Laker, Mayor
urd. No. 307
SECTION 1. That the Use District Maps heretofore adopted as
a part of Ordinance No. 251 of the Town of Tukwila, being the
Tukwila comprehensive Zoning Ordinance be and the same i
hereby amended to:
Rezone a portion of that area to R M -H, as.defined
Tukwila Ordinance No. 298 which is presently zoned R -2,
as defined in Tukwila Ordinance No. 251, which lies
immediately northerly and adjacent to Macadam Road and
southerly and adjacent to South 152nd Street.
SECTION 2. That this Ordinance shall be in effect from and
after its passage, approval and publication as provided by law.
PASSED this 5th day of July, 1960.
lois T. Newton, Town Clerk
ORDINAi•;CE N5. 301
AN O?.DINANCE OF THE TOWN OF TUKWILA AMENDING USE DISTRICT '
MAPS WHICH ARE A PART OiF ORDINANCE Nf . 251, THE TUKIILA
C0T1PREHENSIVE ZONING ORDINANCE.
WHEREAS, the Tuscvila Planning Commission_, acting pursuant to
Section 4 -24 of the aforementioned Ordinance No. 251, and upon
petition of property owners involved, propose an amendment to the
Use District Maps adopted as a part of said Ordinance No. 251; and
WHEREAS, under the authority of said Ordinance, the said Copt -.
mission did fix a date for hearing upon said proposed amendments
and did publish due notice of said hearing as required by law; and
WHEREAS, the said Planning Commission held a public hearing
upon said proposed amendments on November 19, 1959. all as required
by said Ordinance and did make its recommendations to Tukwila Town
Council favoring the adoption of said amendment; and
WHEREAS, pursuant to action of said Council under the authority
of said Ordinance, due notice of a hearing upon said .proposals was
published as required by law; and
WHEREAS, at the time and place set for said public hearing
one member of the Council being absent and the vote: upon the
said amendment resulting in a tie, the Town Council, by motion, .
continued the hearing to Monday, February 1, 1960, at 8 :00.P.M..
and at said meeting no objections were made to the said amendment;
NLW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF
TUKWILA
Ordinance No. 301
SECTION 1. That the USE DISTRICT MAPS heretofore adopted as
a part of Ordinance No. 251 of the Town of Tukwila, being the
Tukwila Comprehensive Zoning Ordinance, be and the same is
hereby amended to
Rezone to C -1, as defined in Tukvrila Ordinance. NO. 251,
all that area lying immediately to the north and adjacent to
So. 154th Street (Renton Three Tree Point Road) which is
presently' zoned E -R -O, as defined in Tukwila € Ordinance No.251.
SECTION 2. That this Ordinance shall be in effect from and
after its passage, approval and publication as provided by law.
PASSED this 1st day of February, 1960, by a majority vote of
three of the Councilmen:
NOT APPROVED b
C!
. D. IIinkler, Councilman
Wynn Anderson, Councilman
Stan Smith, councilman
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CITY OF TUI <WILA
PLANNING DIVISION
CITY COUNCIL
STAFF REPORT
DATE: 8 August 1977
PROPOSED ACTION: REZONE: From C -1 and R -3 to C -2 and RMH
APPLICANT: Bob L. Smith, President, VIP's Restaurants, Inc.
LOCATION: 5700 Southcenter Boulevard
SIZE: Approximately 5 acres
ZONE: C -1 and R -3
COMPREHENSIVE PLAN: Multiple - Family
SUMMARY OF PROPOSAL:
A Waiver from the provisions of Resolution #489 was granted to VIP's Restau-
rants, Inc., by the City Council on 4 April 1977 to authorize application for
rezone from Unclassified, C -1, and R -3 to C -2 and RMH. The C -2 request is to
allow for a cocktail lounge to be added onto the existing VIP's restaurant;
the RMH zoning is to allow for a motel to be built on the hillside behind the
restaurant. Presently, the front 150 feet, approximately, is zoned C -1 exclu-
sive of the "Unclassified" portion recently purchased by VIP's from the State
Highway Department. Part of the subject property to, the rear is zoned RMH
while the remainder is zoned R -3.
Upon application for rezone and subsequent to environmental review required under
Ordinance #986, an Environmental Impact Statement was required. After the appli-
cant made significant modifications to the proposal, the Declaration of Signifi-
cance was withdrawn and a Declaration of Non - Significance issued on 15 July 1977.
The Planning Commission conducted a Public Hearing on the application at their
regular meeting of 28 July 1977. The Findings and Conclusions presented by
Staff and the Recommendation of the Planning Commission follow.
FINDINGS:
1. Present zoning on the VIP's site is C -1 (Neighborhood Business Retail)
and R -3 (Three and Four Family Dwellings). (SEE, Exhibit A)
2. The requested zoning is for C -2 (Local Retail Business) to allow the
addition of a cocktail lounge to the existing VIP's restaurant and
RMH (High Density Multiple Residence) to allow the construction of a
113 -unit motel on the rear portion of the lot.
City Council Page 2
Staff Report 8 August 1977
3. Zoning on property to the Northwest of the site is RMH and is currently
occupied by the La Vista Apartments. Zoning to the East of the site is
R -3 and C -1, both parcels currently unoccupied.
4. Southcenter Boulevard is planned to be improved in 1977 - 1978 to in-
clude 3 -lanes eastbound, 2 lanes westbound, with a center left -hand
turn lane at both points of access to the VIP's site.
5. The subject site is proposed to be graded as illustrated in Exhibit C,
attached.
6. The subject site is proposed to be landscaped as depicted in Exhibit D,
attached, following grading and construction activities.
7. Storm drainage is proposed to be handled in the manner depicted on
Exhibit E, attached.
8. The topography of the site is generally flat at the bottom (85 feet
elevation) where parking and restaurant expansion are proposed, rising
steeply to about the 150 -foot elevation at the rear of the property.
9. As conditions of the withdrawal of the affirmative declaration (SEE,
Exhibit F), the applicant has proposed also to:
A. Post a reclamation bond for the grading and landscaping activi-
ties on all sloping areas;
B. Preserve the area above the 150 -foot contour in its natural state;
C. Agree to not place the base of any freestanding sign identifying
the premises above the 90 foot contour line;
D. Construct a trail from the top of the slope down to Southcenter
Boulevard;
E. Plant 3" caliper deciduous trees on the sides and in the front
of the proposed motel;
F. Provide adequate parking for construction employees and construc-
tion materials storage so as not to impede present restaurant
parking.
10. The proposed exterior materials to be used on the motel are specified
in Exhibit G, attached. This proposal is also a condition of the with-
drawal of the affirmative declaration.
11. The height limit for structures in the C -2 zone is 3 stories /45 feet;
in the RMH zone there is no specified height limit but is limited to
one and.one -half times the mean horizontal distance from the building
to the centerline of the abutting street.
12. The height of the proposed motel is approximately 50 feet. The pro-
posed motel is approximately 450 feet long.
City Council Page 3
Staff Report 8 August 1977
13. Utilities necessary to adequately service the proposed facility are
available and are of sufficient capacity.
14. No opposition to the reclassification was received during the Public
Hearing.
CONCLUSIONS:
1. The.proposed zoning (C -2 and RMH) appears to be compatible with the
surrounding zoning and land use.
2. The proposed use of the property appears to be consistent with the
existing and proposed comprehensive land use plans.
3. Although the area to the north and northwest of the subject site is
built up with apartment houses, the proposed size of the motel (50
feet in height, 450 feet long) will probably appear to be bulky.
4. The planting of large caliper landscape tree varieties will tend to
diminish the visual effect of bulk while also "greening" the site.
RECOMMENDATION:
The Planning Commission recommends the City Council reclassify to C -2 that
portion of the subject site lying west of the Arco site and approximately 165
feet in depth and reclassify the remainder of the site to RMH, subject to the
following stipulations:
1. That portion of the subject site lying above the 150 -foot contour line
remain in a natural state.
2. That any grading on City -owned property on the west end of the subject
site be consistent with Chapter 70 of the Uniform Building Code.
3. The base of any freestanding sign used to identify the premises,
either the restaurant or the motel, shall not be placed above the
90 -foot contour line.
4. Flagpoles not to exceed 35 feet in height and base of flagpoles not
placed above the 90 -foot contour line.
. Refuse disposal area to be architecturally screened.
6. That the present legal nonconforming sign for the VIP's restaurant
be brought into conformance with the City's Sign Code prig to issuance
of Occupancy Permit for restaurant expansion.
7. That a trail be constructed in accordance with the condi:ons set forth
in the Declaration of Non - Significance.
•
.
City Council
Staff Report
8. A reclamation bond be posted with the City of Tukwila in an amount
equal to 100% the cost of grading and landscaping above the 90 -foot
contour line, per submitted plans (M /F 77 -11 -R, Exhibits A and B).
\\ 9. All deciduous shade trees south, west or east of the proposed struc
ture to be a minimum of 3" caliper at time of planting and healthy.
Page 4
8 August 1977
10. Adequate provisions for parking for construction employees and con-
struction materials storage be provided.
11. Exterior treatment of structures be accomplished in substantial com-
pliance with letter from Charles Dahlen dated 22 July 1977.
,\ 12. In the event the proposed project is not completed to an extent such
that the reclamation bond is exercised, the zone classifications
hereby granted shall revert.
Legal of C -2 portion.
Legal of RMH portion.
ORDINANCE NO
PRELIMINARY 8/4/77
( to be revised to add legal
descriptions to section 1 )
1TY OF TUKWILA
WASHINGTON
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
APPROVING THE RECLASSIFICATION OF CERTAIN LAND FROM R -3
(THREE AND FOUR FAMILY DWELLINGS) AND C -1 (NEIGHBORHOOD
RETAIL BUSINESS) TO RMH (HIGH DENSITY MULTIPLE RESIDENCE)
AND C -2 (LOCAL RETAIL BUSINESS) FOR A NEW MOTEL AND EX-
PANSION OF THE PRESENT RESTAURANT, ALL SUBJECT TO CER-
TAIN CONDITIONS.
WHEREAS, the applicant did receive approval of a waiver under resolu-
tion #489 on April 4, 1977; and;
WHEREAS, On April 11, 1977, the Responsible Official of the City of
Tukwila, due to identification of potential negative environmental effects, did
require an environmental impact statement on the rezone and new motel and res-
taurant expansion project, and;
WHEREAS, the applicant did address the negative environmental impacts
identified by the Responsible Official and did modify the proposal to the extent
that the Responsible Official did withdraw the requirement of preparing an envir-
onmental impact statement pursuant to WAC 197 -10 -370 subject to certain conditions
being complied with, and;
WHEREAS, the Planning Commission did consider the matter at a public
hearing, as required by law, at their regular meeting of July 28, 1977, and did
recommend favorably thereon, subject to certain conditions:
NOW, THEREFORE, BE IT RESOLVED by the Tukwila City Council as follows:
Section 1. The following described property, shown as parcel A on the
attached map is hereby reclassified from and to C — 2 -
Section 2. The following described property, shown as parcel B on •
the attached map, is hereby reclassified from and to gm 4
Section 3. Said reclassifications as stated in Sections 1 and 2
above are subject to the following conditions:
a. That portion of the subject site lying above the 150 -foot contour
line remain in a natural state.
b. That any grading on City -owned property on the west end 01 the
su hjtct site he consistent with Chapter 70 of the Uniform Building
Code.
C t"
c. The base of any freestanding sign used to identify the premises,
either the restaurant or the motel, shall not be placed above the
90 -foot contour line.
d. Flagpoles not to exceed 35 feet in height and base of flagpoles
not placed above the 90 -foot contour line.
e. Refuse disposal area to be architecturally screened._
f. That the present legal nonconforming sign for the VIP's restaurant
be brought into conformance with the City's Sign Code prior to
issuance of Occupancy Permit for restaurant expansion.
9.
That a trail be constructed in accordance with the conditions set
forth in the Declaration of Non - Significance.
h. A reclamation bond be posted with the City of Tukwila in an amount
equal to 100% the cost of grading and landscaping above the 90 -foot
contour line, per submitted plans (M /F 77 -11 -R, Exhibits A and 8).
i. All deciduous shade trees south, west or east of the proposed
structure to be a minimum of 3" caliper at time of planting and
healthy.
3.
Adequate provisions for parking for construction employees and
construction materials storage be provided.
k. Exterior treatment of structures be accomplished in substantial
compliance with letter from Charles Dahlen dated 22 July 1977.
1. In the event the proposed project is not completed to an extent
such that the reclamation bond is exercised, the zone classifica-
tions hereby granted shall revert.
Section 4. The summary, findings and conclusions of City Council Staff
Report dated 8 August 1977, as found in the Office of Community Development Plan-
ning Division File No. MF- 77 -28 -R is adopted by reference as though fully set
forth herein.
Section 5. The conditions of the Responsible Official for the City of
Tukwila for the withdrawal of the Affirmative Threshold Determination are supported
by the City Council and shall be complied with.
Section 6. A copy of this ordinance shall be delivered to the following:
a. Applicant
• b. Planning Division of the Office of Community Development
c. Public Works Department
d. Fire Department
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof, this day of , 1977.
Deputy City Attorney
ATTEST:
Mayor
Approved as to form: City Clerk
Date Approved
Dear Fred,
AB:lh
RESTAURANTS*INC.
250 LIBERTY S.E., SUITE 200, SALEM, ORE. 97301
t'
o .2 j —PHONE 585 -6221
August 2, 1977
Mr Fred N. Satterstrom /Attn. Gary Crutchfield
Planning Supervisor
Office of Community Development
6230 Southcenter Boulevard
Tukwila, Washington 98188
Re: Line description of
approved zone change.
At the request of Gary Crutchfield we are sending you a line .
description of the area we feel would be adequate to coordinate
the zone change with our development plans.
Area to be changed to zone C -2:
Starting at the Northwest property corner a line N 65 16' 34"
W for 571.145'. Then N 24 43' 26" E for 160.000'. Then S
65° 16' 34" E to extend back to west curved property line
(see enclosed map).
The remainder of said property, under VIP'S control, (excluding
that which belongs to the ARCO.station), to be in RMH zoning.
Sincerely,
Alan Blanchard
Architect
.
�..
Planning Commission
Mi nutes
Page 6
28 July 1977
There being no further audience comments, Chairman Kirsop closed the Public
Hearing at 10:30 P.M.
Mr. Richards noted several conflicts between the recommendation in the
Staff Report and the conditions included on the Negative Declaration. Also
pointed out the building's design and height will be of significant bulk.
Noted the deciduous trees in front will not provide effective mitigation
of that bulk during the winter. Also questioned the specific boundaries
of the two zones.
Commission discussed the conditions of the Negative Declaration.
*Motion by Mr. Richards and seconded by Mr. Hartong that the Planning Commis-
sion recommend the City Council reclassify to C -2 that portion of the subject
site lying west of the Arco site and approximately 165 feet in depth and reclas-
sify the remainder of the site to RMH, subject to the following stipulations:
1. That portion of the subject site lying above the 150 -foot contour
line remain in a natural state.
2. That any grading on City -owned property on the west end of the sub-
ject site be consistent with Chapter 70 of the Uniform Building Code.
3. The base of any freestanding sign used to identify the premises,
either the restaurant or the motel, shall not be placed above the
90 -foot contour line.
4. Flagpoles not to exceed 35 feet in height and base of flagpoles
not placed above the 90 -foot contour line.
5. Refuse disposal area to be architecturally screened.
6. That the present legal nonconforming sign for the VIP's restaurant
be brought into conformance with the City's Sign Code prior to
issuance of Occupancy Permit for restaurant expansion.
7. That a trail be constructed in accordance with the conditions set
forth in the Declaration of Non - Significance.
8. A reclamation bond be posted with the City of Tukwila in an
amount equal to 100% the cost of grading and landscaping above
the 90 -foot contour line, per submitted plans (M /F 77 -11 -R,
Exhibits A and 8).
9. All deciduous shade trees south, west or east of the proposed
structure to be a minimum of 3" caliper at time of planting and
healthy.
10. Adequate provisions for parking for construction employees and
construction materials storage be provided.
11. Exterior treatment of structures be accomplished in substantial
compliance with letter. from Charles Dahlen dated 22 July 1977.
• —• ... ._... ... ... �...+ �.... �....,.......... r. �,-.. w.... r. r. s. ... v.. u�. s., x.,wiarn'ivt.+.r�r+r�1.':�:a«1. .37�(as*
IElaau+
Planning Commission
Minutes
Page 7
28 July 1977
12. In the event the proposed project is not completed to an extent
such that the reclamation bond is exercised, the zone classifica-
tions hereby granted shall revert.
Motion by Mr. Sowinski to amend the motion to include the following stipu-
lations:
1. That the property located in the northeast corner of the site
located above the 150 -foot contour line be dedicated to the
City of Tukwila for recreation purposes.
2. That a 5 -foot strip of property running along the north property
line be dedicated to the City of Tukwila for trail purposes.
3. Landscape Plan dated 11 July 1977, Exhibit MF- 77- 11 -R(A).
4. Preliminary Grading Plan dated 25 June 1977, Exhibit MF- 77- 11 -R(B).
5. Storm Drainage Plan dated 11 July 1977, Exhibit MF- 77- 11 -R(C).
6. Exterior Materials Plan as outlined in letter dated 7 July 1977,
Exhibit MF- 77- 11 -R(D).
7. Ingress - egress Report by TRANSPO Group dated June 1977 and entitled
"Traffic Analysis: Southcenter VIP's Expansion ", Exhibit MF- 77- 11 -R(E).
Mr. Smith, VIP's, noted that VIP's has executed a long -term lease on the
property and therefore cannot dedicate the land described. Indicated a
public use easement would be more appropriate.
Motion to amend died for lack of second.
Motion by Mr. Sowinski to amend the motion to include items 3 through 7 of
his previous motion. Motion died for lack of second.
*Motion carried.
PUBLIC HEARING: Housing & Community Development Plan 1978 - 1980
Mr. Crutchfield requested the Planning Commission formally postpone this
scheduled public hearing until the Special Meeting to be conducted 11
August 1977.
Motion by Mrs. Avery, seconded by Mr. Hartong and carried to postpone the
public hearing for the 1978 - 1980 Housing & Community Development Plan until
8:00 P.M. Thursday, 11 August 1977.
There being no further business, motion by Mr. Hartong, seconded by Mr.
Bowen and carried to adjourn the meeting.
am rmyrRS nr.:acsu mowiv:,r.' F•r RZIMIY i'VMlfa tft'hiFi RC WAVF T , TITIAVZ . ..
CITY OF TUKWILA
PLANNING DIVISION
PLANNING COMMISSION
STAFF REPORT
28 July 1977 8:00 P.M.
AGENDA ITEM VII A : PUBLIC HEARING: Rezone: C -1 & R -3 to C -2 & RMH
(VIP's Restaurants, Inc.)
REQUEST: REZONE from C -1 and R -3 to C -2 and RMH
APPLICANT: VIP's Restaurants, Inc.
LOCATION: Southcenter Boulevard at Macadam Road
SIZE: Approximately 3 acres
COMPREHENSIVE PLAN: Existing Plan: Multiple- Family
Emerging Plan: Commercial /High Density Residential
The City Council approved VIP's Restaurants waiver from Resolution #489
on 4 April 1977 to allow them to apply for a rezone from C -1 and R -3 to
C -2 and RMH. VIP's subsequently applied for a rezone on 5 April 1977.
An Environmental Impact Statement was required on the proposed rezone on
12 April 1977 by the Responsible Official. The affirmative threshold
determination was withdrawn on 15 July 1977 after the applicant made
significant modifications to the proposal.
FINDINGS:
1. Present zoning on the VIP's site is C -1 (Neighborhood Business Retail)
and R -3 (Three and Four Family Dwellings), SEE, Exhibit A.
2. The requested zoning is for C -2 (Local Retail Business) to allow the
addition of a cocktail lounge to the existing VIP's restaurant and
RMH (High Density Multiple Residence) to allow the construction of a
113 -unit motel on the rear portion of the lot.
3. Zoning on property to the Northwest of the site is RMH and is currently
occupied by the La Vista Apartments. Zoning to the East of the site is
R4 and C -1, both parcels currently unoccupied.
4. Southcenter Boulevard is planned to be improved in 1977-1978 to include
3 -lanes eastbound, 2 lanes westbound, with a center left -hand turn lane
at both points of access to the VIP's site.
Planning Commission
Staff Report
Page 2
28 July 1977
5. The subject site is proposed to be graded as illustrated in Exhibit C,
attached.
6. The subject site is proposed to be landscaped as depicted in Exhibit
D, attached, following grading and construction activities.
7. Storm drainage is proposed to be handled in the manner depicted on
Exhibit E, attached.
8. The topography of the site is generally flat at the bottom (85 feet
elevation) where parking and restaurant expansion are proposed and
rising steeply to about the 150 -foot elevation at the rear of the
property.
9. As conditions of the withdrawal of the affirmative declaration (SEE,
Exhibit F), the applicant has proposed also to:
A. Post a reclamation bond for the grading and landscaping activities
on all sloping areas;
B. Preserve the area above the 150 -foot contour in its natural state;
C. Agree to not place the base of any freestanding sign identifying
the'premises above the 90 foot contour line;
D. Construct a trail from the top of the slope down to Southcenter
Boulevard;
E. Plant 3" caliper deciduous trees on the sides and in the front
of the proposed motel;
F. Provide adequate parking for construction employees and con-
struction materials storage so as not to impede present restaurant
parking.
10. The proposed exterior materials to be used on the motel are specified
in Exhibit G, attached. This proposal is also a condition of the with-
drawal of the affirmative declaration.
11. The height limit for structures in the C -2 zone is 3 stories /45 feet;
in the RMH zone there is no specified height limit but is limited to
one and one -half times the mean horizontal distance from the building
to the centerline of the abutting street.
12. The height of the proposed motel is approximately 50 feet. The pro-
posed motel is approximately 450 feet long.
CONCLUSIONS:
1. The proposed zoning (C -2 and RMH) appears to be compatible with the
surrounding zoning and land use.
Planning Commission
Staff Report
Page 3
28 July 1977
2. The proposed use of the property appears to be consistent with the
existing and proposed comprehensive land use plans.
3. Although the area to the North and Northwest of the subject site is
built up with apartment houses, the proposed size of the motel (50
feet in height, 450 feet long) will probably appear to be bulky.
4. The planting of large caliper landscape tree varieties will tend to
diminish the visual effect of bulk while also "greening" the site.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend to the City Council
that the rezoning to C -2 and RMH on the VIP's site be approved, conditioned
upon the following:
1. That the property located in the Northeast corner of the site
located above the 150 -foot contour line be dedicated to the
City of Tukwila for recreation purposes.
. That a 5 -foot strip of property running along the North property
line be dedicated to the City of Tukwila for trail purposes.
3. That any grading on City -owned property on the West end of the
subject site be consistent with Chapter 70 of the Uniform Building
Code.
4. No base of any freestanding sign shall be placed above the 90 -foot
contour line.
5. No flag poles to exceed 35 feet in height.
6. Refuse disposal area to be architecturally screened.
7. That the present legal nonconforming sign for the VIP's Restaurant
be brought into conformance with the City's sign code prior to
issuance of occupancy permit for restaurant expansion.
8. That the landscape strip along the Eastern edge of the ARCO site
I be extended southerly to join the landscape "island" adjacent to
Southcenter Boulevard.
"State
Property
Parcel A
15,000
Parcel B RMH 90,954 SF
NORTH
Parcel C R -3
41,496 SF
Parcel F
42,087 SF
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• PRELIMINARY GRADING PLAN
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PRELIMINARY SITE / LANDSCAPE PLAN
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Mr. Fred N. Satterstrom
Planning Supervisor
Office of Community Development
6230 Southcenter Boulevard
Tukwila,Washington 98188
Dear Fred,
us.
CRD:lh
CRI IT MF 77 l I- R (P)
RESTAURANTS*INC.
250 LIBERTY S.E., SUITE 200, SALEM, ORE. 97301
PHONE 585 -6221
July 7,1977
tCEIVEn
JUL 121971
CITY OF'IUKWIIA
Re: Exterior materials for
proposed Vip's Motel .
It is our intent to visually tie the proposed motel to the
existing restaurant building by the use of similar colors and
materials. In order to do that, we propose the following:
1. Major wall surfaces: Concrete and /or masonry - Columbian
Light Buff.
2. Balcony railings: Rough sawn cedar with Olympic Semi -
Transparent Stain 700 series.
3. Roof: Monray Concrete Tile -Color to match
restaurant.
4. Misc. Wood Trim: Rough sawn members with Olympic
heavy body stain- Coffee.
5. Window frames
and flag poles: Medium bronze anodized aluminum.
If you have any questions, please do not hesitate to call
Charles R. Dahlen
Architect
Sincerely,
(YANdAd
CITY OF TUKWILA
OFFICE OF COMMUNITY DEVELOPMENT
QA.' A /FINAL
1. l
!IITHDRVAL OF AFFIRr9ATIVE TH°,ESEOLJ JETETTIATION*
Description of proposal VIP'S Restaurant Expansion and MntP1 Rezone•
from C -1 and R -3 to C -2 and RMH
Proponent VIP'S Restaurants, Inc.
Location of Proposal 5700 Southcenter Boulevard
Lead Agency City of Tukwila
•XttIDIT c
File No. EPIC-M-24.
This proposal has been determined to (imve /not have) a significant adverse im-
pact upon the environment. An EIS ( /is not) required under RCW 43.21C.030(2)
(c). This decision was made after review by the lead agency of a completed
environmental checklist and other information on file with the lead agency.
Responsible Official Kjell Stoknes
Position /Title OCD Director
Date 1R July 1977 Signature
*COMMENTS:
r�.
/9 77
This withdrawal of the affirmative threshold determination is based
upon the applicant's modifications to the proposal as listed below:
1. Landscape Plan dated 11 July 1977, Exhibit MF- 77- i1 -R(A);
2. Preliminary Grading Plan dated 25 June 1977, Exhibit MF -77-
11-R(B);
3. Storm Drainage Plan dated 11 July 1977, Exhibit MF- 77- 11 -R(C);
4. Exterior Materials Plan as outlined in letter dated 7 July
1977, Exhibit MF- 77 11 -R(D);
5. Ingress - egress Report by TRANSPO Group dated June 1977 and
entitled "Traffic Analysis: Southcenter VIP'S Expansion,"
Exhibit MF- 77- 11 -R(E).
Withdrawal of AKKc 'aative Threshold Determination(
/s 1977
Page 2
In addition to the abovementioned modifications, this withdrawal is .
conditioned upon the following stipulations:
1. A reclamation bond be posted with the City of Tukwila in an
amount equal to 100% the cost of grading and landscpaing
above the 90 -foot contour line, per submitted plans ( Exhibits
MF 77- 11 -R(A) and (B) ).
2. That portion of the subject site lying above the 150 -foot
contour line remain in its natural state.
3. Any freestanding sign used to identify the premises, either
the restaurant or the motel, shall not be placed above the
90 -foot contour line.
4. Construction of trail from top of slope connecting existing
t / open storm drainage system of slope end of and to outhcenter
Blvd.
5. All deciduous shade trees south, west or east of the proposed
structure to be a minimum. of 3" caliper at time of planting and
healthy.
6. Adequate provisions for parking for construction employees
and construction materials storage be provided.
.28 July 1977
(ate)
CITY OF TUla1ILA
NOTICE OF PUBLIC HEARING
•
8:00 P.M.
Notice is hereby given that the Tukwila PLANNING COMMISSION
will conduct a PUBLIC HEARING on the above date at City Hall, 14475 - 59th
Avenue South, to consider . REZONE, from R -3 and C -1 to RMH and C -2, of a
parcel of property generaTrty located immediately north and east of the
V1P's Restaurant on Southcenter Boulevard.
All interested persons are encouraged to appear and be heard:
Hans West, Secretary
Tukwila Planning Commission
For further information contact Fred Satterstrom at 242 - 2177.
Published in the Renton Record - Chronicle on 13 & 20 July 1977
24 July 1978
M E M O R A N D U M
TO: FILE
CITY of TUKWILA
OFFICE of COMMUNITY DEVELOPMENT
FROM: Kjell Stoknes
SUBJECT: Meeting with Dick Winters regarding VIP's grading.
On the afternoon of July 11, 1978, Dick Williams, Al Pieper and I inspected.the
grading work on the VIP's project with Dick Winters, Project Manager.
The following were the results of that meeting:
1. Public Works.- Dick Williams indicated that he was satisfied with all
the Public Works items and,that they were satisfactorily completed.
•
2. Al Pieper requested the following as it relates to the Building Code:
A final engineers report giving specific comments regarding stability .
of the cut, solution to the water problem on the site, and corrective •
recommendations as needed. In addition, the landscape architect is to
be involved to guarantee that the landscaping used will be able tb
grow on the slope.
3. Planning - It was agreed that the developer was to connect the open •
asphalt drainage swale to a path connecting to Southcenter Boulevard -
by use of concrete stairs.
The above items were clearly understood by Mr. Winters and City Staff and
Follow -up to insure their compliance is needed. Mr. Winters should be
contacted by July 28 1978 if we do not hear from him by that time. It is
necessary to make intermitent contacts with Mr. Winters to assure him we
intend to follow -up on our requirements.
KS /ch
6230 Southcenter Boulevard ■ Tukwila, Washington 98188 ■ (206) 242-2177
AFFIDAVIT
I, Bob L. Smith , 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. •
(Telephone)
Subscribed and sworn before me ,.,
this N day of Y.. C.1 ` , 19 9,., '7 •
No
residing at
Form C
(Signature of Contract Purchaser or owner)
250 Liberty St.S.E. - P.O. Box 208
(Mailing Address)
Salem Ore on 97308
City (State)
(503) 585 -6221
and for the State of Iliiiiitlf@tilt9c Oregon,
(o.vvL. ( C n,nn, CS' vvo Fite 9 c ),_ Li `)
Affidavit of Publication
STATE OF WASHINGTON
COUNTY OF KING
rf t n
oath, deposes and says that is is the C h A f, �, r of
THE RENTON RECORD- CHRONICLE, a newspaper published four (4)
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 news-
paper 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 Renton
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
Yntlee of
;�enr:Lnr
as it was published in regular issues (and
not in supplement form of said newspaper) once each issue for a period
of tldn consecutive issues, commencing on the
day of 1/4 01 7 ,19 7 i , and ending the
20
da da of
July ,19 , both dates
inclusive, and that such newspaper was regularly distributed to its sub-
scribers during all of said period. That the full amount of the fee
charged for the foregoing publication is the sum of $ • 16 , which
has been paid in full at the rate of per folio of one hundred words for the
first insertion and per folio of one hundred words for each subsequent
insertion.
Subscribed and sworn to before me this
V.P.C. Form No. 87
, 19..77
C
Notary Public
ss.
being first duly sworn on
q4/Z./1(40.
chief (..1erk
day of
d for the State of Washi gton,
residing at Kent, King ounty.
— 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.
Form B
APPLICATION FOR CHANGE OF LAND USE CLASSIFICATION OR
MODIFICATION OF LAND USE REGULATIONS IN THE CITY OF ZUKWII.A
FOR OFFICE USE ONLY
Appl. No. Planning Ca[mission Action
Receipt No.
Filing Date City Council Action
Hearing Date Ordinance No. & Date
APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY:
Name Bob L. Smith, President Address 250 Liberty St.S.E. - P.O. Box 2508
ViD's Restaurants,Inc. Salem,Oregnn 9790R Telephone No. (5(1')5R5_A971
Property Petitioned for rezoning is located on 5700 South Center Blvd. (Tukwila Interchange)
between Macadam Rd. and 62nd Ave. South
fl ta]. square footage in property 216.600 set . f t . plus.
C i.DGAL DESCRRIPTION OF PROPERTY SEE ATTACHED.
Existing Zoning (Parcel D,C -1) (Parcel C,R -3) Zoning requested(Parcel D,C -2) (Parcel C,RM
That are the uses you propose to. develop on this property? N a i rb 11 o o s , .o ,n ge
for 50,-Banquet Room for 120, extra Dining Room.
Number of permanent off - street parking spaces that will be provided on property?
711 Parking aparac_(9R RPstaiirant_ 111 Motel) Number required
NOTICE TO APPLICANT: The following factors are considered in
reclassifying property or modifying regulations. Evidence or
additional information you desire to submit to substantiate
your request may be attached to this sheet. '(See Application
Procedure sheet Item No. 2 for specific minimum requirements.)
1. What provisions will be made to screen adjacent'and surrounding property from any
incompatible effects which may arise as a result of the proposed land use classification?
Heavy Landscaping at rear and side with e
• - -. • •
e
•
2. What provisions will be made to provide for necessary street widening to City
minimum standards? Already improved.
3. What provisions will be made for adequate sewer and water service? Connections will
be made to existing systems.
4. Any other comments which the petitioner feels are appropriate:
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IF THIS MICROFILMED DOCUMENT IS LESS'
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THE QUALITY OF THE ORIGINAL DOCUMENT
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I, Frank 47. 2e
PP, City Supervisor for the City o.f. "''
. TUkwilal, Washington do hereby cgrtify this to bed . .
copy of 1e Exhibit A as referred to in the Property:.•
. Use and Development Agreement dated August' 1969
between the City of Tukwila and George . V. 4 Forsyth!
and Elsie Forsyth, his wife, and which in record
with the ling Coe ?nty Auditor in Vol . 143, Page 217'
Through 219.
RESTAURANT INDUSTRIES INC
SECTION 23, T 23 N, R 4 E,:- W. M.
KING COUNTY, WASHINGTON
SCALE I 3O JANUARY .17, 1974
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