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Home My WebLink AboutPermit 73-44-R - LAMB - REZONEThis record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. 73 -44 -R Lamb Rezone 53rd Avenue South & Southcenter Boulevard RECORDS DIGITAL D- ) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page # tode Exemption = Brief Explanatory DeSctiptiop t tutel ule The Privacy Act of 1974 evinces Congress' intent that Personal Information — social security numbers are a private concern. As such, individuals' social security numbers are Social Security Numbers redacted to protect those individuals' privacy pursuant 5 U.S.C. sec. DR1 Generally — 5 U.S.C. sec. to 5 U.S.C. sec. 552(a), and are also exempt from 552(a); RCW 552(a); RCW disclosure under section 42.56.070(1) of the 42.56.070(1) 42.56.070(1) Washington State Public Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card Personal Information — numbers, electronic check numbers, credit expiration 24 DR2 Financial Information — dates, or bank or other financial account numbers, RCW RCW 42.56.230(4 5) which are exempt from disclosure pursuant to RCW 42.56.230(5) 42.56.230(5), except when disclosure is expressly required by or governed by other law. 73-44-r 53rd avenue south southcenter boulevard lamb rezone COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN CITY OF TUKWILA President, City Council City of Tukwila Tukwila, Washington 98067 Gentlement•. Frank Todd, Mayor 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 21 August 1973 RE: Rezone - Herbert Lamb et.al. 1. The total parcel is bounded on three sides by freeway right -of -way, while the fourth is a. major arterial. 2. The once serene residential area has become increasingly hampered by the location and noise of the freeway. 3. The landowners requested the rezone in order to enhance sale opportunities rather than increase the dollar value • of the land. 4. Small parcel of land east of and di- rectly across 53rd Avenue South is zoned C -2. 5. Mr. Hall, owner of the C -2 property east of 53rd Avenue South, at the 19 July 1973 meeting, stated his concern about spe - cific uses which may or may not be allowed on this parcel if rezoned. PLANNING DEPARTMENT The Tukwila Planning Commission has held a Public Hearing to consider a request by four property owners to rezone a tract of land approximately seven and one -half acres located south of Southcenter Boulevard and west of 53rd Avenue South. The Public Hearing was held on 28 June 1973 and the following were pertinent factors of consideration. President, City Council 6. That 53rd Avenue South would have to be improved to meet City standards. 7. The Comprehensive Land -Use Plan depicts this area as ultimate commercial use. In consideration of the above facts, the Planning Com- mission recommends that the City Council grant the requested rezone from R -1 to C -2 provided the petitioners agree to a Declaration of Restrictive Covenants to include but not be limited to the following items: 1. Land Use 2. Development Plans 3. Setbacks 4. Landscaping 5. Outside Storage 6. Right -of -Way Dedication 7. Time Period Attached to this recommendation is a copy of the appli- cation, legal description, affidavit of publication and a copy of the restrictive covenants prepared by Staff and approved as to contents by the Commission and petitioners. GC /lt Encl: as cc: Mayor Todd Chmn, Ping Comm Sincerely, Delbert F. Moss Planning Coordinator Page 2 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON COUNTY OF KING Mary ii. Jenkins • on oath deposes and says: That n o is the of THE HIGHLINE TIMES, a weekly newspaper which is now and at all times herein mentioned has been published and printed in an office main- tained at the place of publication at Burien, King County, Washington; that by order of the Superior Court of the State of Washington in and for King County, said newspaper is now and at all tines mentioned herein has been approved as a legal newspaper for the publication of any advertisement, notice, summons, report, proceedings, or other official document required by law to be published; that said newspaper was published regularly, at least once each week, in the English !engage, as a newspaper of general circulation in Burien, King County, Washington, at the time of appli- cation to the aforementioned Superior Court for approval as a legal news- paper, and was so published for at least six months prior to the date of said application, and is now and at all times mentioned herein has been so publ ished. That the annexed is a true copy of a - oeti.ce of Public Hearing � No. , being first duly sworn Treasurer as it was published in regular issues of said newspaper once each week for a period of two consecutive weeks, commencing on the 2 nd day of May , 19. 73.. and ending on the 9th day of May . inclusive, and that said newspaper was regularly distributed to its sub - ecribere and es a newspaper of general circulation during all of said period. , 19..73 , both dotes That the full amount of the fee charged for the foregoing publication is the sum of ;, 21.77 which amount has been paid In full, at the rate of of5G per hundred words for the first insertion and ' per hundred words for each subsequent insertion. $2.20 Subscribed and sworn to before me this 9th day of May j ......... ..,� 19.. . 73 Notary Public in and for the State of Wash- ington, residing at 2P.a: iIQ X2. PUBLIC NOTICE. NOTICE OFPUCUCHEARING• , ' 17 May It» .. " _ ' Notice is hereby give that the TUK. 1 /ILA PLANNING COMMISSION wilt hold a PUBLIC HEARING on the above dale to consider a. request. to REZONE, from RMH to C.1, that property generally located at the northwest .corner of the Intersection of 62nd. Avenue South and Southcenter Boulevard. and legally d scribed as follows: POR TR 15 LY. WLY of. LN OAF: BEG .13' E of NE Cor TH'S:130"to PT 46' E of 'W LN SD TR TH Eat R ? 21' TN S to S LN THOF, less State Highway., but including that portion; ot, 62nd Avenue South vacated.,by of.:Tukwita dated 6' 20' 66,"Ordinanea,No::45T: file number 6055686. and - F'3 .;: That portion of Lot iS;Interurban tion to Seattle, according to plat recorded In Volume le of Plats.•pege.55.King Coun- ty, Wash., desc. as follows: Beginning on the North line of.. said tot.15 at.a point 43 feel east of the northwaet.Corner thereof;. turning southerly.130 tee¢.to a point 46 feet east of the west Meat said lot 15: Thence easterly; al to said west line 21 Teets thence southerly paralle to the west line of said4,ot 1St* the South line thereof;. thence: easterly. along said south line, to. .a •point' 235'teet from the southwest corner. thereof: .thence north -, erty parallel tathe•west line of said lot. IS to the north line thereof: thence wester- ly along Said north.11ne- .thereof:,thence ' westerly along said north line to the point- of beginning, except portion' thereof rani. veyed to King County for road by deed re:, corded under: Auditor's: File No. 2685208; and except' ttwse•.portions thereof con - veyed to the State of: Washington by. deed recorded under Auditor's File No. 553f286:. . All interested.porsons may appear and be heard. CATHERINE HARRIS::,... ' S S t 's Secretary • ' -,- ... Tukwila Planning Commission: „ ;; „,,, .,..: Published in the ne� • HlghllTimes•2.a 9 Max 1973.:. r • 1 CATHERINE HARRIS, Secretary t Tukwila Planning Commission'. , . • Published .inahe•Hlphline-Tlmes 2 and•,; 1 1 DECLARATION OF RESTRICTIVE COVENANTS 0o e/o29z dr,71 A7'73 WHEREAS Charles A. Fox and Eliza Fox, Herbert L. Lamb and Doris M. Lamb, Katherine A. Naylor, a single woman, and Alma C. St. Pierre, a separate estate, are the owners of real property located in the City of Tukwila, County of King, State of Washington, described as follows: That portion of the SW 4 of Section 23, Township 23 N., Range 4 E.W.M., described as follows: Tracts 3 and 4 of Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of King County, Washington, less all City, County, and State rights -of -way. WHEREAS the owners of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, thereof; NOW, THEREFORE, the aforesaid owners hereby establish, grant, and impose restrictions and covenants running with said land as to the use thereof by the undersigned, their successors, heirs, and assigns, as follows: I. LAND USE On the above described property, no building or land shall be used and no building shall be erected, altered, or enlarged, which is arranged, intended or designed for other than one of the following uses: Apartment houses, boarding houses, lodging houses, clinics, convalescent homes, convents, private clubs or fraternal orders, office buildings, hotels, motels, banks, barber shops, beauty shops, book or stationery stores, clothing stores, confectionary stores, drug stores, dry goods stores, electrical shops, radio or television repair shops, florist shops, furniture stores, grocery stores, hardware stores, jewelry stores, laundromats, restaurants, shoe stores, automobile sales lots, bakery or pastry shops, bars or cocktail lounges, billiard or pool halls, bowling alleys, business or commercial schools, photographic studios, drive -in restaurants, dry cleaning establishments, II. funeral homes, ice cream stores, printing shops, finance companies, theaters, commercial greenhouses, and other retail business activities considered similar to those enumerated above by the Tukwila DEVELOPMENT PLANS Development or redevelopment of Planning Department. said land shall be in accordance with the plans approved by said Planning Commission as well as by the Building and Engineering Officials of said City, and shall include but not be limited to the following items: Buildings or other structures; Removal of vegetation and filling or grading; Landscaping; and Access III. SETBACKS No building or structure shall be permitted or located nearer to any public right -of -way than a distance equal to the height of such building or structure; however in no case need the setback be greater than forty, (40) feet from any public right -of -way or twenty (20) feet from any public line not adjacent a public right -of -way. IV. LANDSCAPING There shall be established and maintained adjacent all City of Tukwila public rights -of -way a landscaped strip ten (10) feet in width, except for driveways not to exceed thirty (30) feet in width. There shall also be established and maintained adjacent all property lines not abutting a public right -of -way or abutting the Tukwila Freeway Interchange a landscaped strip five (5) feet in width, except for driveways not to exceed twenty -four (24) feet in width. In addition to the above required land- scaping, for paved areas exceeding ten thousand (10,000) square feet in area five (5) per cent of such areas shall be appropriately landscaped and maintained. All land- scaped areas shall be served by an automatic underground sprinkler system and the plans for all landscaping are subject to approval by the City Planning Commission. V. OUTSIDE STORAGE There shall be no outside storage of non - rolling goods or materials whatever. Garbage must be kept within a structure or separate walled area of brick or better surrounded on at least three (3) sides by landscaped strips at least five (5) feet in width. VI. RIGHT -OF -WAY DEDICATION Upon development of the subject property for any use other than for single family residences a strip of land ten (10) feet in width and running north to south adjacent the west boundary of Fifty -Third Avenue South, from Southcenter Boulevard to the Tukwila Interchange respectively, must be dedicated by the property owner to the City of Tukwila at no cost to the City of Tukwila. VII. TIME PERIOD These covenants shall run with the land and expire on December 31, 1999, however if said land is not rezoned to C -2 (Local Retail Business) classification on or before December 31, 1973, said covenant shall be null and void. Any violation or breach of any of these restrictive covenants may be enforced by appropriate legal procedures in the Superior Court of King County or any other court or tribunal having jurisdiction thereover either by the City of Tukwila or any property owners adjoining said land who are adversely affected by said violation or breach. Charles A. Fox Eliza Fox Herbert L. Lamb Doris M. Lamb Katherine A. Naylor Alms C. St. Pierre STATE OF WASHINGTON ) COUNTY OF KING ss On this day of 19.73, before me personally appeared the individuals above signed, who executed the within and foregoing instrument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on said day and year. NOTARY PUBLIC in and for the State of Washington residing at Burlington Northern Rezone - Glacier Park P L\1M% C ` .fite,,,itii S fa`. A. 9 3 117.3 or a Mr. Moss explained that this matter is directly related to the revisions and should be tabled until those revisions are complete. Puget Power - Special Use Permit Mr. Moss displayed revised plans submitted by Puget Power reflecting the basic recommendations of the Commission. Also displayed slides of similar sub- stations and pointed out that the Special Use Permit may be acted on by the Commission whereas the street vacation must be forwarded to the City Council for action. Mr. Bob Eklund, Puget Power, reiterated Mr. Moss' comments and stated the landscaping for this site will be much denser than that screening other facilities. Noted by Mr. Harrison that the revised plan conforms to the intent of the Commission's recommendations and appears to be adequately screened. Motion by Mr. Harrison, seconded by Mr. Zepp and carried to approve the revised plan, dated 7/18/73, and grant the Special Use Permit on the basis of the plan approved and to further recommend to the City Council that favorable action be taken in regard to the request for vacation of the thirty foot right -of -way. Commission directed staff to check with the City Attorney as to whether Or not the Commission must hold a Public Hearing on a request for vacation of a right -of -way. Lamb et.al. Rezone Chairman Mettler excused Mr. Lamb from the Commission so that he could present his request. Mr. Moss displayed slides of the property and read staff comments and recommendation. Also noted the Public Hearing was closed at the 28 June 1973 continued regular meeting. Also read proposed restrictive covenants prepared by Dick Hansen of Staff in conjunction with petitioners. Mr. Hall, 53rd Avenue South, who owns the parcel of land to the east of 53rd Avenue South stated he plans to construct an elegant facility on his property and is r 3 concerned about the specific uses which may or may not be allowed on the petitioned property if rezoned. Also, upon inquirey, stated he would improve his side of 53rd Avenue at the time of construction to include sidewalk, curb and gutter. Commissioners discussed at length . what the intent of the restrictive covenants should be. Motion of 28 June regarding the restrictive covenants was read and it was noted the motion directed the preparation of covenants regarding uses and manner of development. Mrs. Harris objected to rezoning land without firm development plans requiring such zoning. Feels it is not right to rezone land to enhance the value or sale opportunities. Mr. Lamb stated the value may not even be affected but sale opportunities would. Mr. Harrison summarized the reasons for rezoning the petitioned land. 1. The Comprehensive Land -Use Plan depicts this area for ultimate commercial develop- ment. 2. Although the land was once a serene residential area, it is surrounded by freeways and arterials which have disrupted the norm of a residential area. Motion by Mr. Harrison that in the matter of the proposed rezoning of the Lamb et.al. property that the declaration of restrictive covenants, as drafted by the petitioner and the staff, be considered only as a bit of the types of restrictions and design criteria which are acceptable to the petitioners and that the final form of the docu- ment be however deemed appropriate by the City Attorney, assuming the rezone is recommended. Motion seconded by Mr. Link and carried with Mrs. Harris voting NO. Discussion followed regarding allowable uses in C -2 zone and in relation to restrictive covenants. Motion by Mr. Harrison' that the staff and petitioner, in light of the motion passed at the 28 June 1973 meeting, - 4 - review the uses under C -2 and make negative or positive recommendation as to what uses would be appropriate for the Planning Commission's review. Motion seconded by Mr. Link and carried with Mrs. Harris voting NO. Discussion regarding street improvement and right -of- way followed. Motion by Mr. Harrison that the petitioners deed to the City an additional strip of land ten (10) feet wide, west side of 53rd Avenue South and as the land is developed improve this portion of the street to meet City standards. Motion seconded by Mr. West and carried with Mrs. Harris voting NO. Motion by Mr. Zepp that the Planning Commission recommend, to the City Council, the Herbert Lamb et.al. petition for rezone from R -1 to C -2 be granted subject to agreement between Commission and petitioner regarding the conditions involved in the three previous motions. Motion seconded by Mr. Harrison and carried with Mrs. Harris voting NO. Noted at this time the conditions must be reviewed and agreed upon by the Commission and petitioners at a public meeting. Mrs. Harris was excused by Chairman Mettler at her request. LeRoy Bowen et.al. Rezone Chairman Mettler acknowledged the Appearness of Fairness doctrine and questioned Mr.. Lamb's presence on the Commission for the hearing of this particular matter. Staff read motion passed by a 4 -3 vote on 28 June to allow Mr. Lamb to remain on the Commission for the hearing of this matter. Staff displayed slides of the area, read staff comments and recommendations and proposed covenants, and noted the Public Hearing had been closed on 28 June 1973. Noted the proposed covenants regarding this petition are identical to Lamb's with the exception of the right -of -way requirements. Staff also pointed out the area of land requested for rezone had been reduced substantially. Discussion by the Commission led to the fact this area had not been included on the Comprehensive Land -Use Plan since it was not within the corporate limits at the time the Plan was made. Noted the Comprehensive Plan must be amended if rezone is granted. Minutes, Rezone - 16 August 1973 Page 2 Burlington Northern Mr. Moss reiterated the Staff Comments in that this matter has been tabled for some time and is dependent upon adoption of industrial zone revisions to insure compatibility of overall development. Rezone - Herbert Lamb et.al. Chairman Mettler excused Mr. Lamb at the latter's request. Also read the motion regarding this matter passed at the previous regular meeting. Staff read Staff Comments and changes incorporated into the pro- posed restrictive covenants. Chairman Mettler reminded the Commission the Public Hearing has already been closed and all that remains to be done is to take action with regard to the restric- tive covenants. Motion by Mr. Kirsop and seconded by Mr. Link to forward the proposed restrictive covenants as a condition to favorable action on the request and to include commercial greenhouses. Motion carried with Mrs. Harris voting NO. Mr. Johanson requested the record show that he did not vote on this or any other item. Rezone - LeRoy Bowen Chairman Mettler read motion regarding this matter passed at the previous regular meeting. Staff read Staff Comments and changes incorporated into the proposed restrictive covenents. Mr. LeRoy Bowen stated he was in agreement with the restrictive covenants. Motion by Mr. Kirsop and seconded by Mr. West to forward the proposed restrictive covenants as a condition to favorable action on the request and to include safe and lock shop to allowable uses category. Motion carried unanimously. Procedures Proposal Staff read Staff Comments outlining the new procedures . as proposed by Staff and explained benefits to be realized. Frank Todd, Mayor CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 STAFF REPORT PLANNING COMMISSION MEETING PUBLIC HEARING 19 July 1973 PUGET POWER - SPECIAL USE PERMIT AND STREET VACATION Puget Sound Power and Light Company has applied for a Special Use Permit to construct an electric transmission substation in an R -1 -7.2 zone. The•subject property is designated for industrial use on the City's Compre- hensive Land -Use Plan. In connection with said Permit, Puget Power has also applied for vacation of that portion of South 168th Street adjacent the subject property. The portion of said street requested for vacation is a 30 foot wide strip of land (half- street) that was dedicated to the City at the time the property to the north was platted, the south 30 feet of said street was never dedicated by the property owner to the south. Therefore, if this half- street were vacated it should rightfully be sold to the property owner to the north. The Planning Commission requested Puget Power to either redesign the interior of the substation or screen it from view of all surrounding properties. The Puget Power representatives have indicated that a redesign of the interior mechanical equipment is not feasible so will be presenting plans of the low- profile transformers intended for use at this site and a plan for screening the interior of the substation from view by means of a ten -foot high cedar fence and a dense evergreen bermed landscaped area. There will be no overhead incoming or outgoing transmission lines at this site. HERBERT LAMB et.al. - REZONE: R -1 to C -2 The property owners have applied for a rezone from a single family residential use. classification to a local retail classification for the property located south - 2 C of Southcenter Boulevard, north of the Tukwila Inter- change, and between 51st and 53rd Avenues South. The request is in conformance with the current Land -Use Plan; however, the Planning Commission felt that additional restrictions other than those required by the existing C -2 zoning ordinance would be appropriate for the subject property. Therefore, the Staff has drafted Restrictive Covenants applying to the subject property which require that uses and changes therein be subject to review by the Planning Commission, that development or redevelopment of said land shall be in accordance with the plans approved by the Planning Commission, that buildings or structures be setback from public rights -of -way a distance equal to the height of such buildings or structures, and be setback from property lines not adjacent to public rights -of -way a distance of 20 feet, that landscaping be provided adjacent all property lines except for necessary driveways, that outside storage areas be screened from view, and that necessary rights -of -way shall be dedicated to the City. Copies of these Restrictive Covenants are included for the Commissions review (pink copies). 0 At the last Planning Commission meeting the Commission inquired as to the status of 53rd Avenue South, and whether or not it's use was restricted by the State Highway Department. After checking with the State Highway Department and the King County Department of `k Assessments it was discovered that 53rd Avenue South is an existing 40 foot wide right -of -way dedicated to the City and is not restricted by the State Highway Department. Access to the subject property from South - center Boulevard is restricted by the State Highway Department. Therefore, the only access to the subject property which is not limited is by way of 53rd Avenue South. Therefore, upon development of the properties east and west of 53rd Avenue South it would be necessary for the City to require an additional 10 feet from each property owner, thereby making the street a full 60 foot right -of -way. LeROY BOWEN et.al. - REZONE: RMH to C -2 LeRoy Bowen, et.al. have applied for a rezone from RMH to C -2 for the property located north of Southcenter Boulevard at it's intersection with 52nd Avenue South. The Planning Commission reviewed this item at it's last Public Hearing meeting and requested the Staff to consider PROPOSED. USE Commercial COMMENTS Restr'ci e ove PRINCIPAL ACCESS 53rd Avenue South via Southcenter Boulevard EXISTING ZONING Single Family Residential EXISTING USE Single Family Residential COMPREHENSIVE LAND USE PLAN Commercial which deal with Land Use, Develo.ment Plans Setbacks and Landscaping per the Commission's recommendation. REZONE: R -1 to C -2 Herbert Lamb, et.al., have applied for a rezone from.Single Family Residential Use Classification to a Local Retail Classification for the property located south of Southcenter Boulevard, north of the Tukwila Interchange and between 51st and 53rd Avenues South. APPLICANT Herbert Lamb et.al. TOTAL AREA 6.2 acres , - r .v - • . . . • . L EXISTING ZONING EXISTING USE PROPOSED USE REZONE: R -1 to C -2 • • APPLICANT Herbert Lamb et.al. Commercial nMr' 1. �V' e^! TY+ R4! TY• M+ MY. "._.^11:TFthl ^TLM'R'I!MT .n��.Y? + . L. 1M' FY "�•'+'S]•NA'.�fa!SLT�^T^�flfl' L \;; COMPREHENSIVE LAND USE PLAN Commercial • f^ Single Family Residential Single Family Residential TOTAL AREA Landscaping per the Commission's recommendation. • Herbert Lamb, et.al., have applied for a rezone from Single Family Residential Use Classification to a Local Retail Classification for the property located south of Southcenter Boulevard, north of the Tukwila Interchange and betweer 51st and 53rd Avenues South. PRINCIPAL ACCESS 53rd Avenue South via Southcenter Boulevard • 6.2 acres COMMENTS Restricive Covenants have been prepared for this property which deal with Land•Use, Development Plans, Setbacks, and Frank Todd, Mayor CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 Minutes of Continued Regular Mee.fring,2 28 June .1973 Chairman Mettler called the recessed meeting, from , 21 June 1973, to order at 8:15 p.m. Members present were: Mr. Lamb, Mr. West, Mr. Kirsop, Mrs. Harris, Mr. Harrison, Mr. Link, Mr. Sneva and Mr. Zepp. PUBLIC HEARING - Herbert Lamb Rezone Mr. Lamb requested he be excused from the Commission during the hearing of this matter due to his conflict of interest. Chairman Mettler acknowledged and sustained Mr. Lamb's request. Dick Hansen, Staff, desctibed the property on slides and maps before the Commission; the property is bordered by Southcenter Boulevard on the north, 53rd Avenue South on the east, 51st Avenue South on the west, and the freeway on the south. 1 Mr. Herbert Lamb, 15447 - 53rd Avenue South, stated he will speak for all the property owners in the area, those being as follows: Ms. Naylor . -:1 Acre Ms. St. Pierre - 3.5 Acres Mr. Fox - 2.25 Acres Mr. Lamb - .75 Acre Mr. Lamb stated the once serene residential area had become severely hampered by the noise of the freeway. The property is bounded on three sides by major paths of transportation. There have been no inquiries about purchasing the property under RMH zoning and the property owners desire C -2 zoning to enhance the opportunities for sale. 1 - 2 No one was present to speak against the request. Moved by Mr. Kirsop, seconded by Mr. Harrison and carried to close the Public Hearing. ,Mr. Sneva questioned the limited access shown on the maps of the property. Also asked the possibility of an Environmental Impact Statement. JStaff pointed out that normally an Environmental Impact Statement is required when development plans are firm. There are no plans for this property. Staff also read 1 allowable uses in both C -1 and C -2 districts at request ;f of Commission. Mr. Lamb pointed out the property east of 53rd Avenue South is zoned C -2. Mrs.'.Harris if'.the property is for sale. Mr. Lamb stated it is and has been although it has never been listed with any broker or real estate firm. Feels the property is not sellable under RMH zoning, thus desires C -2 to enhance the sale opportunities. Mr. Kirsop pointed out that conditions must be applied to C -2 zoning if an unsightly development is to be precluded. Mr. Sneva suggested the limited access be determined prior to any formal action is taken. Motion by Mr. Kirsop and seconded by Mr. Sneva to postpone formal action of this matter until the next regular meeting to allow staff and petitioner to work out restrictive covenants regarding uses and manner of develop- ment. Motion carried with Mrs. Harris voting NO. Mr. Lamb, at this time, returned to his position on the Commission. Puget Power - Special Use Permit Staff requested this item be tabled until 19 July 1973 as nothing has been received since the 21 July hearing. Chairman Mettler tabled this matter in accordance with staff request. Frank Todd, Mayor CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 Minutes of the Meeting, 21 June 1973 Chairman Mettler called the regular June meeting of the Planning Commission to order at 8:45 p.m. Members present: Mr. Lamb, Mr. West, Mr. Johanson, Mr. Harrison, Mr. Sneva, Mr. Zepp. Chairman Mettler called for approval of the minutes of the 17 May meeting. Moved by Mr. Lamb, seconded by Mr. Harrison and carried to approve the minutes as prepared. OLD BUSINESS: Comprehensive Plan Review Chairman Mettler reminded Commissioners that no action will be taken in regard to zoning all City property PF until the Comprehensive Plan was near completion. Underground Utilities Comprehensive Plan Chairman Mettler set the date of 12 July 1972 for Public Hearing to receive public input regarding the proposed plan to underground all utilities within the residential area of Tukwila. Also directed staff to properly advertise said hearing. NEW BUSINESS: PUBLIC HEARING - Herb Lamb Rezone It was noted that if Mr. Lamb was excused from the Commission to present the application for his and three other property owners rezone that the Commission would not have full quorum. Thus, Chairman Mettler postponed the hearing. A. COMPREHENSIVE PLAN REVIEW: B. ZONE REVISIONS: STAFF COMMENTS PLANNING COMMISSION REGULAR MEETING 16 August 1973 D. REZONE - HERBERT LAMB ET.AL.: 16 � � 03 Staff is preparing additional materials for Commis- sion's review of City Hall sites, for which a work meeting is scheduled for 8:00 p.m. Thursday, 23 August 1973. Also, a Public Hearing is scheduled for 8:00 p.m. Thursday, 13 September 1973 to con - sider adoption of the Proposed 6 -Year Capital Improvement Program for Parks and Recreation as an element of the Comprehensive Plan. Copies of revisions, as proposed, were recently mailed to Commissioners. Due to increasing develop- ment activity in the industrial zones of the City. Staff suggests portion of work meeting scheduled for 23 August 1973 be devoted to this subject and a date set for Public Hearing to consider recommendation of adoption by. the City Council. C. BURLINGTON NORTHERN REZONE: This matter has been tabled for some months, awaiting completion and adoption of zone revisions. At the 19 July 1973 Planning Commission meeting, the Planning Commission voted to grant a rezone from a single family use classification to a local retail use classification for the subject property subject to the dedication of a ten -foot wide strip of land on the west side of 53rd Avenue South, and subject to agreement between the Commission and the petitioner regarding the allowable uses of the subject property. Subsequently, the restrictive covenents applying to the property have been revised to include most of the uses allowed by the C -2 zoning classification, however, excluding those potentially offensive uses such as animal raising, amusement parks, radio and television transmitting towers, feed stores, body and fender garages, commercial greenhouses,, 2 E. REZONE - LeROY BOWEN ET.AL.: and trailer parks. The Public Works Department has been contacted with regard to the right -of -way dedication along the west side of 53rd Avenue South, and has concurred with such dedication but has also indicated that an eighty -foot diameter cul- de- sac'be required at the southerly end of said street. Therefore, if the Commission con- curs with said right -of -way dedication and the uses as outlined in the proposed restrictive covenants the recommendation for approval of said rezone, as voted upon and approved at the 19 July meeting, will be forwarded to the City Council for their action. At the 19 July 1973 Planning Commission meeting,. the Planning Commission voted to grant a rezone for the subject property from RMH to C -2 subject to the conditions outlined in the restrictive covenants, and subject to specific land uses considered appropriate being agreed to between the petitioner and the Commission, and subject to the inclusion . of a buffer strip between the C -2 property and the abutting residential properties. Subsequently, the restrictive covenants have been revised to include specific land uses, which include most of the uses allowed by the C -2 zoning classification but exclude those potentially offensive uses such as: animal raising, amusement parks, radio and tele- vision transmitting towers, feed stores, body and fender garages, commercial greenhouses, and trailer parks. With regard to the buffer strip between the C -2 property and the adjacent residential properties, paragraph 4 of the restrictive covenants requires that all property lines be buffered from adjacent properties by a landscaped strip five feet in width, if the Commission feels that additional buffering is required it can be included under. paragraph 4 of the restrictive covenants. The Commission has voted to approve the subject rezone subject to the agreement between the Commission and the petitioner on the conditions as outlined in the restrictive covenents. Therefore, if an agreement is reached between the two, the recommendation for approval will be forwarded to the City Council. CITY YORM NO. 1 ISIS A0OPTRO BY PIVIAION OF MUNICIPAL CORPORATION,. DepatY TnwK A MUORAY. uunu.;T.TiuNen11. rnINTV $, * OS . �"�Tj 06 �`i TY ` y�".e'AS 7 :R'S n ;6✓z r Nf) 41() 8 ... ff �J TUKWILA, WASH.,.. , l T.2. 7. f7 79L..a5 Rcce� yed o f _. ` :,,i4... -; `� °\- � .7411,---. ,i ce ., .- ../ / s.— ' . ' ld e.,/ r c - "i `^- 7:71 � I __ ..!___s- : 1 _ _-_ _L.__ { - G-°-K d��= =( - � _____ • TOTAL CITY T23LASUIZEIt Original White - Duplicate Pink - Triplicate Canary. 15425 53RD SOUTH CH 3-5967 SEATTLZ, WASH. 98188 1NY ORDUR TO T11E. eeec I.e6C4feldrA ( " RENTON BRANCH PEOPLES NATIONAL BANK OF WASHINGTON 850 SOUTH 2t4D • RENTON, WASH. MOSS Herbert 1... or Doris M. Lamb 15447 53rd AVentle South CH 3-1586 Seattle, Washington 98188 1 e /7 FirsU ine SEATTLE•FIRSTNATION SOUTHCENTER BRANCH / TUKWILA Alca eci4e-rivc> ----- DOLLAR ;t■ 21 June 1973 Frank Todd, Mayor CITY OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 NOTICE OF PUBLIC HEARING Allinterested persons may appear and be heard. 8:00 P.M. Notice is hereby given that the TUKWILA PLANNING COMMISSION will hold a PUBLIC HEARING on the above date at City Hall to consider a request by Herbert Lamb to rezone from R1 to C2 that property generally located at the northwest corner of I -405 and 1 -5 Freeways legally described as follows: Brookvale Gardens, Tract 3 and 4, less all city, county, and state rights -of -way. Catherine Harris, Secretary Tukwila Planning Commisssion Published in the Record- Chronicle 6 and 13 June 1973. OFFICE MEMO CITY OF TUKWILA '7 9-te /9X. TO: c /see -,e FROM: � ' et/T— iTi -e./4 S UBJECT : c)s% /.vG ors ?cJBG /C f4leia/G / pa LEGAL DESCRIPTION OF PROPERTY POR TR 15 LY ALT of LA DAF: BEG 43*. E of NW Cor TH 8 1300 to T1' 46' E OF A LA SD TR THE at R /A' S 21* . TH S to 8 LA . TAOF, less' State Highway, but including that portion of 62nd Avenue South vacated - the City of Tukwila dated 6/20/66,' Ordinance No. 45 ?, file number8055686. That portion of Lot 15 Interurban Addition to Seattle, according to P1at ' recorded. An Volu g 10 of Plats. page 55, King County disc : as- >�fol�lows:. Beginning on the . North line of said lot 15: at a ..point .:43 feet east of the _ northwest " corner thereof; turning southerly 130 feet to a point , 46 feet east of ` the out line of said lot 15: Thence easterly at right angles to said west g': line: 21 feet; thence southerly parallel to the west line of ,.raid Lot .15 to. .the south line thereof; thence easterly along -said` south line to • point 135 feet from the southwest corner thereof. thence northerly parallel to the .west line of - said .1st 15 to the north .:line thereof;, .thence westo y;along ;said :north line to the point of beginning, •xoopt portico thereof( conveyed. to King :County for: road by deed::� . - under Auditor • File No. 2685208; and except .' those portions thereof conveyed to . the State of Washington by deed recorded under Auditor's Pus No. 5534286. FOR OFFICE USE ONLY Appl. No. Planning Commission Action Receipt No, Filing Date City Council Action Hearing Date Ordinance No. & Date APPLICATION FOR CHANGE OF LAUD USE CL4SSIF ,C ;TION,' ,OR MODIFICATION OF LAND USE REGULATIONS IN THE CITY OF TUK JILA APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY: Name See attachment, Property Petitioned for rezoning is located on between Total square footage in property arp_adQauate on remaining two sides. Address Sep attaqhmpritm and Telephone No. Saa aVanhmanf _ See attaphment. • •I • 111 LEGAL DESCRIPTION'OF PROPERTY Brookvale Gardens Tract and 4, less all city, county, and state rights -of -way. SNotes There are four rrorerty owners ipvolyed See . : • • Olt/ •I .. ; • • II • • : • // •1 .. •I; • : N •/ • I • • •I • . Form B Existing Zoning R 1 (RMH ? ?) Zoning requested C2 What are the uses you propose to develop on this property? No develonentg is planned by petitioner's.. Rezoneat is requested consistent with Tukwila Comp r ehenej,ve Land Use Study -1967 • Number of permanent:off- street parking spaces that will be provided on property? , {Qt defined 'Qntia1 exists to mget Number required any requirement. 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 arrise as a result of the proposed land use classificatic Existi freewa = and related on -ram off-ram. and'connecti ram.- to ether yitb tnrap)yr prnvide unique troffer for any incompatible effects. 2 . What provisions will be made to provide for necessary street widening to City minimum standards? Freeway fences .prevail on two sides. Existing City streets 3. What provisions will be made for adequate sewer and water service ?Area is prgeently served by sewer trunk line and an 8 -inch water main. 4. Any other'comments which the petitioner feels are appropriate: Prnp rty prwaently faces a smaJ.l piece of commercial'reoperty across 53rd Avenue South. Names of property owners, addresses, and phone Charles A. and Elise H. Fox 15455 - 53rd Avenue South Seattle, Washington 98188 242 -0707 Herbert L. and Doris M. Lamb 15447 - 53rd Avenue South Seattle,: Washington 98188 243 -1586 Katherine A. Naylor 15425 - 53rd Avenue South Seattle, Washington 98188 243 -5967 Alma C. St. Pierre 15 -:53rd Avenue South Seattle, Washington 98188 242 -4304 ATTACHMENT .TO FORM B Property Locations South of So. 154th Street,. east, of 51st:Aveaue So., w st af.53rd.Avenue So., and north of the right- of-way line for tine Tukwila Freeaay.'_Inter - . : ` change. • I, Aim. C`$j.Pjrg , 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 herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me AFFIDAVIT 7 (Signature of Contract Purchaser or owner) 15419 - 53rd Avenue South (Mailing Address) 4.1 W kin nn (Citytate) (Telephone) Form C Brookvale Gardens, Tract 3, less south 115 feet of west 275.feet and less north 145 feet of the east 300 feet and less county, city, and state rights - of -way. AFFIDAVIT I, Katharine A. Naylor , 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. 243-590 (Telephone) c in and for the State of Washington, Form C .g , 7 � (Signature of Contract Pure aser or owner) 15495 - 51 Avenue gouth _ (Ma.i ing Address) Sett e, Washington (City) (State) Brookvale Gradsna, Tract 3, north 145 feet of east 300 feet, less :oounty and city rights -of •gray• AFFIDAVIT I, Herbert L. and Darts M. Iamb , 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 he in contained and t e information herewith submitted are in all respects true and o : t to tY�e' nor k�aowledge and belief. Subscribed and sworn before me this day of (Signature of Contract Purchaser the State of Washington, 15447 - 51rd Avenu South Mailing Address Seattle, Wash (City) (State) 24'3 -1586 (Telephone) Form C or owner) Brookvale Gardens, Tract 3, south 115 feet of west 275 footless state' highway. AFFIDAVIT e61A-ki a et2, (City) 242-0707 (Telephone) I, Charles A. and Elisa H. Fox , 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. (Signkture of Contract Purchaser or owner) lar -51rd Avenup South (Mailing Address) Seattle, Washington (State) Form C 11 5:3 UtIC€fl1ER% e AMb M2OME rl RENTON THREE