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HomeMy WebLinkAboutPermit 75-15-R - FRANK TODD - REZONE75-15-R 62ND AVENUE SOUTH TODD REZONE COMPREHENSIVE PLAN COMPREHENSIVE LAND USE PLAN r PACE 3 This recommendation is based on the following: a. following the guidelines of RCW 35.63.090: 6 /7(' ) // / //". k /i A/1 M: Catherine Harris Chairwoman Ixr. Traynor then asked what the population would be if all the presently zoned multiple dwelling were developed. Mr. Stoknes computed it would be 5,420 dwellers in 2,464 units. Right now we have 1,019 apartment units. Mr. Traynor stated that if present multiple dwelling zoned land were developed there would be more than twice the population of single - family zoned land, and rezoning the R -3 land to R -4 and RMH would increase this considerably more. Mrs. Harris stated that if everything were zoned up to R -4 and R.1H, there wouldn't be any R -3 left and wouldn't have a balanced community. I :Ir. Traynor stated that according to the Data Report, that R -3 is way down to what'it should - "Do in relationship to R -4 and R�IH. / Moved by Mr. Traynor, seconded by Mrs. Harris to recommend to the Do Not Pass". 1. the comprehensive land use plan indicates multiple dwelling in this area. This has been met in that the parcel is already zoned multiple - dwelling. 2. access is by one road, legally, only. Although traffic is increased, accessibility is not,-thus traffic hazards would be increased. 3. safety from fire - not enough information to comment. 4. adequate light & air - no problems are foreseen. 5. overcrowding of land - the density of land would be from 50 units and 110 people in R -3 to 120 units and 264 people in R -4, or approximately 2i times on that parcel alone. 6. to secure an appropriate allotment of land area in new develop- ments for all the requirements of community life - difficult to assess until a site plan is presented. 7. to conserve and restore natural beauty and other natural resources - difficult to assess and project. b. in summation, the committee determined that the present zoning provides the maximum density that the "hill" area should have and still maintain its rural atmosphere. Motion Carried. 3. Other - Mr. Moore presented a progress report on the committee being formed for the Foster Golf Course bond issue. Mr. Frank Kriedler is chairman. He also relayed, informally,. that .the Foster Pool is experiencing financial difficulties, and additional methods of support are being explored. There being no further business to bring before the committee„ the meeting was adjourned. COMMUNITY AFFAIRS & LEGISLATIVE COMP= Tukwila City Council M I N U T E S The Community Affairs & Legislative Committee of the Tukwila City Council was called to order by Chairwoman Harris at 5:45 p.m., October 15, 1975, at the City Hall Annex, 6230 Southcenter Blvd., Tukwila, Wa. Members Present: Mr. Dwayne Traynor, substituting for Mr. Jon Sterling Mr. Dwight Gardner, substituting for Mrs. Joanne Davis Mrs. Catherine Harris Staff Present: Mr. Kjell Stoknes, Planning Director Others: Mr. William Moore, Chairman, Park Commission The following items of business were considered: 1. Proposed Resolution Defining the Tukwila Planning Area for Purposes of Long Range Planning. - Mr. Stokness reviewed. the area; generally along Highway 99 south to So. 200th, east along 200th and then up to So. 180th, north along the railroad tracks to So. 112th, and then west to 99. The committee reviewed the map attached to the ordinance. The Planning Commission has approved the proposed planning area. ?4r. Stoknes indicated the proposed area is logical, it is supported through the Tukwila Data Inventory Report, and is a good planning area to work with for a 10 to 20 year period. Mr. Traynor stated he felt it is basically a good plan, with good "stopping points ". Moved by Mr. Traynor, seconded by Mr. Gardner, to reccommend to the Council "Do Pass" Motion Carried. 2. Proposed Ordinance Re- Classifying Certain Property from R -3 Zoning to R-4 Zoning within the City of Tukwila; Applicant: Mr. Frank Todd. - The area for which the rezone is requested is the same as the previous request for RMH and denied. Mrs. Harris reviewed the Planning Commission recommended items. The committee then reviewed the Comprehensive Land Use Plan for the area; specifically from the Tukwila School south to Southcenter Blvd. It indicated that the total:area is indicated to be multiple dwelling. There is a mixture of existing R -1, R -3, R -4, with commercial on Southcenter Blvd. The request is for a portion of R -4 out of a larger portion of R -3. The density of each zone was reviewed. The parcel for which the rezone is requested is 2.5 acres. Under the existing zoning, R -3, 50 units could be constructed; under R -4 zoning 120 units could be constructed. Also, the height limit for R -3 is 35 feet; R -4 has a height limitation of 45 feet. br. Gardner inquired about the interim policy with regard to rezones. Mrs. Harris replied the Council approved the resolution on August 4, 1975; and thought it was effective immediately upon passage. Mr. Stokness reminded the committee that there was a clause making it effective 30 days after passage, and it was upon this basis that the application was accepted. Mrs. Harris indicated that the filing of the application by Mr. Todd on August 4th, put the committee in a perdicament, because the resolution had been PAGE 2 introduced at the Council on July 21, 1975. It was referred to this committee, and on July 23, the committee considered the resolution, amended it, and brought it back to the Council on August 4. It was approved as amended that evening. The perdica— ment is that the applicant is also the Mayor, and in his official capacity as the mayor was fully cognizant that this resolution had been introduced and was being considered, and knew it was on the agenda for August 4. Mr. Traynor asked Mrs. Harris if we were rezoning Mr. Todd's land, or are we rezoning a piece of property. He stated he could have filed for one without knowing of the policy. Mrs. Harris agreed with Mr. Traynor, stating that it is a possibility that someone could, but Mr. Todd did know of the resolution. Mrs. Harris further agreed with Mr. Traynor that the parcel of land is very seriously to be considered, with the situation of the applicant also being the mayor is secondary, but felt that the public is beoming increasingly conscious and conducting so much more surveillance on the activities of their elected officials, and this is sensitive. Mr. Traynor stated that if the Council did rezone this to R- 4,,that he would like to have a further condition added — that being, that construction be started within a year, or the property would revert back to R -3. Mrs. Harris stated that the committee should bear in mind that rezoning land should be in the light of the health, safety and welfare of the community; that a "rule of thumb" concept is to consider what a rezone does to or for the community. R.C.W. 35.63.090 Restrictions— Purposes of. was read. It is: "All regulations shall be worked out as parts of a comprehensive plan which each commission shall prepare for the physical and other generally advantageous development of the municipality and shall be designated, amoung other things, to encourage the most appropriate use of land throughout the municipality; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources, to facilitate the adequate provision of transportation, water sewerage and other public uses and requirements." She added that in applying that guidance to this particular rezone, the striking parts are; to avoid undue concentration of population, to promote a coordinated development of unbuilt areas, and to secure an appropriate allotment of land area in new developments... . We have existing already quite a heavy development of more dense apartment units on this south side of the hill. She felt that R -3 zoning is adequate, and did not feel it would be good for the community to have more dense zoning, thaP what is undeveloped. Mr. Traynor asked if staff had information indicating percentage of land presently zoned R -3, R -4 and RI4H. Mr. Stores provided information from the Tukwila Data Inventory which shows that most of the vacand undeveloped land in these categories is R -4 and RMH. 1 Planning Commission Minutes of the meeting IV C - PUB _. R dd Page 4 25 September 1975 Chairman Mettler excused himself from participation in this matter due to the previous accusations by the City Council and his desire not to allow that kind of thing to happen again. Vice - Chairman Kirsop assumed the chair. Vice - Chairman Mettler opened the Public Hearing at 9:20 P.M. and Mr. Crutchfield briefly described the proposed rezone and noted the public hearing has been duly advertised and posted. Mr. Frank Todd, 14446 - 59th Avenue South, applicant, stated it was unnecessary for Chairman Mettler to step down since at no time during the previous application was Mr. Mettler an employee of his nor affiliated in any way with Mr. Todd's . interests. Also indicated Mr. Mettler does not have any ties at this time either. Mr. Todd indicated he is anxious to develop the property and the previous applica- tion which was denied by the Council covers all aspects of the 'rezone and cannot add anything in support of the application. No one was present to speak against the rezone request. Vice - Chairman Kirsop closed the Public Hearing at 9:25 P.M. Mr. Sneva and Mr. Link both asked if the conditions for approval suggested in the Staff Report were the same as those suggested regarding the previous appli- cation. Mr. Stoknes, Director, stated they were somewhat briefer but carried the same intent. Mr. Todd stated he is fully in agreement with the stipulations suggested in the Staff Report. Motion by Mr. Sneva, seconded by Mr. Zepp and carried that based on the findings and conclusions stated in the Staff Report the Commission recommend the City Council approve the rezone from R -3 to R -4 subject to compliance with the following stipulations: 1. That all utilities necessary to service any proposed development be installed or a bond posted in an amount deemed adequate by the Director • of Public Works, prior to issuance of building permit. 2. Dedication of the easterly five (5) feet of the property to the City for right -of -way and the granting of a ten (10) foot easement for utilities. 3. Any development must include the diversion of all storm water in a manner approved by the Director of Public Works. 4. Agreement by the applicant to equitably participate in any local improvement districts for the improvement of 62nd Avenue South or any utilities therein. 5. The agreement shall run with the land and be binding on the property owners, their heirs, successors and assigns. Staff Report c Page 2 Planning Commission 25 September 1975 10. Soils consist of till over bedrock generally providing a high bearing capacity and a slight erosion hazard. (SEE, Environmental Assessment) 11. Vegetation is limited to blackberry bushes, a'few small trees and brush. 12. Residential uses allowed in the existing R -3 zone are generally limited to fourplexes at a maximum density of 4 units per 9,600 square feet of land area (gross) and maximum height of 35 feet. 13. Residential uses allowed in the requested R -4 zone are generally limited to apartment buildings at a maximum density of one unit per 1,000 square feet of land area (gross) and maximum height of 45 feet. CONCLUSIONS: 1. The requested zone conforms to the current Comprehensive Land Use Plan. 2. The subject property is surrounded by multiple - family zoned land with the exception of that land directly north which is currently zoned R -1 but indicated on the Comprehensive Land Use Plan Map as ultimate: multiple - family use. 3. Additional right -of -way should be required on 62nd Avenue South, to comply with the minimum right -of -way requirement, at time of development. 4. Although utilities exist, the capacity of those utilities to adequately serve a development on this site must be scrutinized at such time as a development is proposed. 5. Without providing adequate storm drainage system, the increased storm water runoff may cause erosion damage to those properties located south of the subject site. 6. Using the maximum density restrictions of the R -3 zone, approximately 50 units could be constructed on the subject property. Under R -4 restrictions, approximately 120 units could be constructed. Thus, the requested zone would allow a considerably more dense development to take place on the subject property than would the current R -3 zone. RECOMMENDATION: Staff recommends the Commission adopt the findings and conclusions of the Staff Report, or as revised by the Commission, as the basis for and as part of a recommendation to the City Council that the requested rezone be approved provided the applicant enter into a Property Use and Development Agreement including but not limited to the following stipulations: 1. That all utilities necessary to service any proposed development be installed or a bond posted in an amount deemed adequate by the Director of Public Works, prior to issuance of building permit. Staff Report Page 3 Planning Commission 25 September 1975 2. Dedication of the easterly five (5) feet of the property to the City for right -of -way and the granting of a ten (10) foot easement for utilities. 3. Any development must include the diversion of all storm water in a manner approved by the Director of Public Works. 4. Agreement by the applicant to equitably participate in any local improvement districts for the improvement of 62nd Avenue South or any utilities therein. 5. The Agreement shall run with the land and be binding on the property owners, his heirs, successors and assigns. CITY OF TUKWILA AGENDA PLANNING COMMISSION 25 September 1975 8:00 P.M. I. CALL TO ORDER II. APPROVAL OF MINUTES III. OLD BUSINESS: A. Comprehensive Plan Review B. City Council Resolution #489 IV. NEW BUSINESS: A. PUBLIC HEARING - Rezone - Interurban Ave. and Southcenter Blvd. (Oldright) B. PUBLIC HEARING - Rezone - 62nd Avenue (Todd) C. Annexation - Interurban Ave. and 52nd Ave. (Gjerde) V. BOARD OF ARCHITECTURAL REVIEW: A. Site Plan - Nordstrom Distribution Center Addition B. Landscape Plan - #255 Southcenter South (McCann) C. Site Plan - Norton Building Addition VI. SIGNS A. Identification Signs at Southcenter South VII. ANY OTHER BUSINESS VIII. ADJOURNMENT CITY OF TUKWILA STAFF REPORT PLANNING COMMISSION 25 September 1975 8:00 P.M. AGENDA ITEM IV 8 : PUBLIC HEARING - REZONE (Todd) TYPE OF REQUEST: Rezone APPLICANT: Frank Todd, 14446 - 59th Avenue South PROPERTY LOCATION: 300' north of Southcenter Blvd. on 62nd Avenue PROPERTY SIZE: Approximately 2.5 acres CURRENT ZONING: R -3 REQUESTED ZONING: R -4 COMPREHENSIVE PLAN: Multiple - Family Residential FINDINGS: 1. Application for rezone was filed prior to the effective date of Resolution #489. 2. The current Comprehensive Land Use Plan designates the subject property for ultimate multiple- family use. 3. Current zoning surrounding the subject property is as follows: R -4 to the east C -1 and R -3 to the south R -3 to the west R -3 and R -1 to the north 4. Access to the subject property is provided by 62nd Avenue South which is a 40 foot right -of -way. Minimum rights -of -way serving residential land uses is 50 feet (Section 17.08.010 TMC). 5. A 6" water line is adjacent the east property line along 62nd Avenue South. 6. Sanitary sewer service exists along Southcenter Boulevard, approximately 300 feet south of the subject property. 7. An open storm drainage ditch exists along the east boundary of the property but ends at the south property line. 8. The majority of the site generally slopes downward, southerly, at approximately 11 - 13 %. (SEE, Environmental Assessment) 9. Geologically, the subject property has good seismic, foundation and slope stability. (SEE, Environmental Assessment) CITY OF TUKWILA PLANNING COMMISSION _a, ..._ _ RECOMMENDATION 25 September 1975 8:00 P.M. AGENDA ITEM IV B : PUBLIC HEARING - REZONE (Todd) TYPE OF REQUEST: Rezone APPLICANT: Frank Todd, 14446 - 59th Avenue South PROPERTY LOCATION: 300' north of Southcenter Blvd. on 62nd Avenue PROPERTY SIZE: Approximately 2.5 acres CURRENT ZONING: R -3 REQUESTED ZONING: R -4 COMPREHENSIVE PLAN: Multiple - Family Residential FINDINGS: 1� Application for rezone was filed prior to the effective date of Resolution #489. 2. The current Comprehensive Land Use Plan designates the subject property for ultimate multiple- family use. 3. Current zoning surrounding the subject property is as follows: R -4 to the east C -1 and R -3 to the south R -3 to the west R -3 and R -1 to the north 4. Access to the subject property is provided by 62nd Avenue South which is a 40 foot right -of -way. Minimum rights -of -way serving residential land uses is 50 feet (Section 17.08.010 TMC). 5. A 6" water line is adjacent the east property line along 62nd Avenue South. 6 Sanitary sewer service exists along Southcenter Boulevard, approximately 300 feet south of the subject property. 7. An open storm drainage ditch exists along the east boundary of the property but ends at the south property line. 8. The majority of the site generally slopes downward, southerly, at approximately 11 - 13 %. (SEE, Environmental Assessment). 9. Geologically, the subject property has good seismic, foundation and slope stability. (SEE, Environmental Assessment) Recommendation Planning Commission 2. Dedication of the easterly fiven granting f t �10oot easement • City for right-of-way and th e g for utilities. 3. Any development must include D ett storm water in a manner approved by the 4. Agreement by the applicant to equitably participate in any local improvement districts for the improvement of 62nd Avenue South or any utilities therein. 5. The Agreement shall run with the land and be binding on the property owners, his heirs, successors and assigns. Page 3 25 September 1975 TO: Tukwila City Council FROM: Kjell Stoknes, Planning Director SUBJECT: Todd Rezone application MEMORANDUM CITY of TUKW1LA PLANNING DEPARTMENT DATE: Sept. 29, 197! On August 4, 1974, Mr. Frank Todd submitted a rezone application from R -3 to R -4 on a certain property adjacent to and west of. 62nd Avenue South at approximately South 153rd Street. This matter was duly published and heard at a public hearing before the Tukwila Planning Commission at a regular meeting on September 25, 1975. After that meeting, the. Tukwila Planning Commission did recommend approval to the City Council. This approval was made subject to the attached findings, conclusions and recommendations of the attached Planning Commission recommendation dated 25 September 1975. Please find attached with this memorandum the above referenced recommendation, the environmental assessment on the property with the associated negative declaration and the proposed ordinance. Attachments: KS /cw 1. Planning Commission recommendation 2. Environmental Assessment and Negative Declaration 3. Proposed Ordinance 163 A. THE PROPOSED ACTION: SEPTEMBER 5, 1975 File No. MF-75--15-R CITY OF TUKVWILA ENVIRONMENTAL ASSESSMENT REZONE 62nd Avenue (Todd) This environmental assessment has been prepared to report on the potential impact of a legislative action rezoning a certain property from R -3 to R -4. 1. The proposed legislation would change the zoning designation on a certain property from R -3 to R -4. 2. Justification: This rezone application is justified since the property and its general vicinity is in an area identified by the Tukwila Comprehensive Land Use Plan as potential multiple - family. 3. Location: The subject property is located west of and adjacent to 62nd Avenue South approximately 300' north of Southcenter Boulevard. The legal description is as follows: "That portion of Tract 11, Interurban addition to Seattle; according to the Plat recorded in Volume 10 of Plats, page 55, in King County, Washington, described as follows: Beginning at a point on the east . line of Tract 11 which is 162.79' north of the southeast corner thereof; thence continuing north 0° 8' west 359.88' to the northeast corner of said Tract 11; thence south 89° 52' west along the north- erly line thereof 300.86'; thence south 0 8' east 398.14'; thence north 89° 52' east 141.65'; thence north 0° 8' west 38.26'; thence north 89° 52' east 159.21' to the point of beginning." 4. Historical Background: The best information available indicates that prior to December 23, 1957, there was no zoning map adopted within the City of Tukwila and consequently the subject property is assumed to have been zoned single- family. On December 23, 1957, a zoning ordinance was adopted by Ordinance 11251, and in conjunction therewith, a zoning map was adopted which created R -3 zoning on the subject property. The Comprehensive Plan Map, as amended by Ordinance #484 on May 15, 1967, indicates all the area between Southcenter Boulevard . and South 151st Street as multiple - family. On October 24, 1974, the present applicant submitted a rezone appli- cation on the sane property from R -3 to RMH. This request was favorably recommended upon by the Planning Commission by a unanimous vote, however, after considerable review by the City Council the Planning Commission recommendation was over -ruled and the rezone application was denied on July 7, 1975. The present application for a rezone from R -3 to R -4 was submitted on August 4, 1975. The site plans submitted with the former application to RMH cannot be considered as a part of this application since one of the principal structures is shown as six stories. The R -4 zone requested in this application allows a maximum of three stories. It is assumed that the. development of the property will conform to the R -4 zoning limita- tions should the rezone be granted. Any deviations, should the appli- cant desire same, would have to follow normal channels with a request applied for through the City's Board of Adjustment and duly granted. 5. Public Participation: Participation will be available to the public as follows: a. Advertised public hearing before the Tukwila Planning Commission during their regular meeting of September 25, 1975. b. Before the Tukwila City Council at a regular meeting as soon as possible thereafter for its first reading. c. After first reading by the Council, it will probably be placed into the Community Affairs Committee and referred back to the Council with a recommendation for final action. Both Committee and Council deliberations are open to the public. 6. Relationship to Existing Laws, Policies and Plans: At the present time the subject property and general vicinity is identified in the Tukwila Comprehensive Plan as potential multiple - family zoning. This is identified in map form and no policies and additional guidelines are offered to indicate which degree of multiple - fancily the area of this subject property should have, that is, R -2, R -3, R -4 or RMH. In reading the chapter headings in the R -2 through the RMH zones in the Tukwila Municipal Code, they read as follows: a. R -2 district--Two-family dwellings. b. R -3 district--Three and four - family dwellings. c. R -4 district--Low apartments. d. RMH district--Multiple residence high density. Multiple - family, as identified in the Comprehensive Plan, could be interpreted to be any of these above zoned categories. 7. Any Decisions Remaining Before Implementation of Legislation: At this point the rezone application must go before the Tukwila Planning Commission at an advertised public hearing. After a decision by the Planning Commission, final disposition will be made before the Tukwila City Council during a regular Council meeting. tfl B. EXISTING CONDITIONS: 1. Zoning and Land Use: a. Uses allowed in the R -3 zone, which the property is presently zoned, include duplexes, triplexes, fourplexes, convalescent and nursing homes with not over 12 patients and boarding and lodging houses with a maximum of 12 boarders. The maximum potential density is RM 2400. Uses allowed in the R -4 zone includes apart- ments, boarding and lodging houses, convalescent homes, convents and private clubs, and schools. Adjacent zoning is as follows: 1. R -4 to the east. 2. C -1 and R -3 to the south. 3. R -3 to the west. 4. R -3 and R -1 to the north. Existing developments in the vincinity include an apartment complex to the northeast, vacant land to the east, a single - family dwelling to the south and one to the west, and vacant property to the north - west and north portions adjacent to the property. b. Zoning regulations in the R -4 zone in addition to the above are as follows: 1. Height of buildings: 3 stories maximum and shall not exceed 45 feet in height. Height and stories are determined as follows: (18.18.030) . t 45` MAX. y5', P14 $ bra 7 /B.04.000 0 105" rm v, ig.ob. t•so aroeme,int X et vv. 1 s-l-o �- y y I( less - 191 y a s A a-= b 2. Front yard setback: Fifteen percent of the depth of the lot, but need not be more than 20 feet as long as the distance from the centerline of the street to the building is not less than 45 feet. (18.18.040). 3. Side yard setbacks: There must be a side yard on each side of every principal building with a minimum width of not less than 10 percent of the width of the lot. Such yard cannot be less than four feet nor need be more than eight feet. If a structure is over 35 feet high any side yard cannot be less than six feet. (18.18.050). 4. Rear yard setback: Twenty -five percent of the depth of the lot but need not be more than twenty -five feet. (18.18.060). 5. Parking: 11 parking spaces per apartment unit. (18.56.070). 6. Density: One apartment unit per 1,000 square feet of land area. Reference should be made to the land use map adjacent to page 35 in the document DATA INVENTORY: TUKWILA PLANNING AREA for locations of existing apartments. Additional valuable information on apartments is found in the same document on pages 44 - 49. 2. Natural Conditions: (Source: Data Inventory: Tukwila Planning Area.) a. Geology: The site is composed of sedimentary and volcanic rock (bedrock) which has good seismic, foundation, and slope stability. However, care is recommended when slopes are modified to guarantee continued stability of the slope. b. Soils: The majority of this site is till soils over bedrock which has a high bearing capacity, slight erosion hazard, and fair internal drainage and arability. c. Slope: The gradient of the slopes vary from 5 to 25 percent. A more close analysis of the property, however, shows the majority of the land to be sloped southerly from 11 - 13 percent. d. Drainage: The property would be drained by 62nd Avenue South which has an open ditch drainage system. c. Vegetation: The primary vegetation on the property is black- berry bushes with some trees. f. Wildlife: Bird and animal species which inhabit the subject. property are typical of those generally found in the Tukwila area. Although no field studies have been done, it is assumed that such birds as robins, sparrows, crows and quail use this area for foraging. Smaller mammels like skunk, weasel, raccoon, and rabbit are assumed to use this arca also. 3. Circulation: Access to the property is from Southcenter Blvd. via 62nd Avenue South. Access from the east via South 153rd Street presently is not public right -of -way. 62nd Avenue South is paved for two traffic lanes and has open Glitch drainage. 4. Utilities: a. Sanitary sewers are presently available for connection in Southcenter Boulevard, however, they have not yet been extended up 62nd Avenue South. b. A six inch water main presently serves the property with a hydrant located at the corner of South 153rd Street and 62nd Avenue South. C. ENVIRONMENTAL IMPACT OF THE PROPOSED LEGISLATION: The primary potential impact of the proposed rezone application would be the potential of other property owners within the area identified on the Tukwila Comprehensive Plan map as multiple - family requesting similar rezones to the R -4 zoning category. If other similar applications occur, they should be reviewed, unless new laws are created to guide the City in their review, under the same procedure as the applicant under this appli- cation. In the future, policies should be adopted to give the Planning Commission and City Council more guidance in their decision making role in the area identified by the Tukwila Comprehensive Plan as multiple - family. Since this is an action requesting a change of zoning, an impact analysis will not be provided on a particular development, since a development is not proposed. .A separate impact analysis would be completed at such time as a building permit is applied for on the property. The decision to not include an impact analysis of a specific development is based on a recent Supreme Court of Washington decision on Narrowsview Preservation Associa- tion vs the City of Tacoma, a part of which reads as follows: "It is entirely consistent for government to determine that a change in zoning will not have a substantial impact on environment, based upon information available, when examined in relation to those uses already allowed by existing zoning and,yet required an evironmental impact statement at such time.as a preliminary plat orbuilding permit is issued for a specific project when details of specific structure and use of property are more clearly defined." Cite: Wash., 526P. 2d 899. D. ANY UNAVOIDABLE ADVERSE EFFECTS: The only potential adverse effects associated with this rezone application is not the application itself, but the potential requests for additional rezones to the R -4 category in the area of the Comprehensive Plan allowing multiple- family when closer into the single- family areas. Beyond this, no unavoidable adverse effects are anticipated with this legislative action. It should be noted that at such time that a building permit is applied for, an additional environmental analysis will be required of the specific developmen. E. ALTERNATIVES TO THE PROPOSED ACTION: There are only two alternatives to this proposed action since it is a specific rezone request from R -3 to R -4. Those two alternatives are grant the rezone as requested or deny it. F. RELATIONSHIP BETWEEN LOCAL SHORT TERM ENVIRONMENTAL USES AND THE MAINTENANCE AND ENHANCEMENT OF LONG TERM PRODUCTIVITY: The sloped hillside where this property is located is not desirable for agricultrual uses nor are mineral resources known to be located thereon. It is anticipated that this area will be developed to an urban character and therefore the proposed action will be consistent under the title of this section. v L ((T ,h CTY F . TUKWILA , 1.410,. GI(T LIMB) Vicinity map i Todd property (rezone application) September 8, 1975 FIGURE 1 I. to_LA MT LOW, • COMPREHENSIVE LAND USE PLAN MTV W IREIPRIA LEGEND • INDUSTRIAL RETAIL SALES MULTIPLE FAMILY IM SINGLE FAMILY PUBLIC Todd . propertli (rezone application) September 8, 1975 FIGURE 2 • PASSED BY ORDINANCE 484 15 NAY 1967 ' . 53c -La �I 4 ..: ,, 17.,_.:..:,i;:.•,...........•,.. .....I.........___,___:__,_Lf.r.:...„., __._._._•._.,.._•7._...,:"..., • . •:.•..•..•... • ..,.:...• • W �� ��'�' � �C i % lam • .e1 . . •���" s ' . : '; 1 Zoning map • Todd property (rezone application Scale l" = 200' September 8, 1975 • FIGURE 3 a. i i.. ce • ••• %,.` •• • -J l ) r � n I • I • I • APPLICATION FOR A REZONE OF A CERTAIN PROPERTY ADJACENT TO AND WEST OF 62ND AVENUE SOUTH AND APPROXIMATELY 300 FEET NORTH OF SOUTHCENTER BOULEVARD FROM R -3 TO R-4. Applicant - Frank Todd CITY OF TUKWILA PLANNING DEPARTMENT STATEMENT OF DECLARATION File No. MF- 75 -15 -R INTRODUCTION: The following is a Statement of Declaration by the undersigned as the Responsible Official pursuant to Title 18.98 of the Tukwila Municipal Code and the Washington. State Environmental Policy Act of 1971. An Environmental Assessment has been completed on the proposed legislation and has been taken into consideration in this Declaration. DECLARATION: Based upon the Environmental Assessment as prepared, Section 18.98 of the Tukwila Municipal Code dealing with environmental . policy and the guidelines issued by the Washington State Depart- ment of Ecology for the implementation of the State Environ- mental Policy Act, I find that the proposed rezone application from R -3 to R -4 will not have a significant effect upon the environment and therefore a complete Environmental Impact Statement is not required. The City reserves the right to require an additional environ- mental review, and full Environmental Impact Statement if deemed necessary, at such time as a building permit is applied for on the property. PLANNING DEPARTMENT e Stoknes, D rector KS /cw C4 )1 9 /' 8 //9 75 (Date) !TY F T WASHINGTON ORDINANCE NO 89 ° 52' E. 159.21 feet to point of beginning. 4:7 reliminary September 30, 1975 ORRI.NANCg_R CLASSIFYING, CERTAIN PROPERTY FROM R -3 ZONING TO R -4 ZONING WITHIN THE CITY WHEREAS, Frank Todd, the owner of the following described property having petitioned the Planning Commission, requesting re-classi- fication of said property from R -3 zoning to R -4 zoning in conformity with the Comprehensive Plan, all contained in Planning Department file No. MF- 75 -15 -R, and WHEREAS, On September 25, 1975, a public hearing on said petition was held before the Planning Commission of the City of Tukwila and the City Council having received a favorable recommendation from the Planning Commis- sion with respect to the aforementioned petition, and WHEREAS, The City Council finds the requested classification to be in the best interests and general welfare of the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the real property located to and on the west side of 62nd Avenue South near South 153rd Street as described herein is hereby classified to R -4 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the map attached hereto as Exhibit A as illustrative of the property described herein as follows: That portion of Tract 11, Interurban Addition to Seattle, according to plat recorded in Vol. 10 of Plats, p. 55, in King County, Washington, described as follows: Beginning at a point on the East line of said tract 11, which is 162.79• feet North of the SE corner thereof; thence continuing North 0 °8'W. 359.88 feet to the Northeast corner of said Tract 11; thence S. 89 ° 52' W. along the northerly line thereof 300.86 feet; thence South 0 ° 8' E. 398.14 feet; thence North 89 ° 52' E. 141.65 feet; thence North 0 0 8' W. 38.26 feet; thence North Published: Section 2: Rezoning to R -4 is subject to the following conditions: a. That all utilities necessary to service any.proposed development be installed or a bond posted in an amount deemed adequate by the Director of Public Works, prior to issuance of building permit. b. Dedication of the easterly five (5) feet of the property to the City for right -of -way and the granting of (10) foot easement for utilities. c. Any development must include the diversion of all storm water in a manner approved by the Director of Public Works. d. Agreement by the applicant to equitably participate in any local improvement districts for the improvement of 62nd Avenue South or any utilities therein. e. The Agreement shall run with the land and be binding on the property owners, his heirs, successors and assigns. The City Clerk is directed to record a copy of this ordinance and map with the County Recorder. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, And approved by the Mayor, at a regular meeting thereof this day of , 1975. Approved as to Form: City Attorney Attest: Mayor City Clerk. 0. A0 . • ;!;•..' ; ' • '• • • ;"1 :lie • • • • .1 • ' •••• ' - 01 • . ; •-;!• • • •••■ ••••••••••••••••• Oa. ammo j r j ... I .,4i.„..°*••••"-- •s 4:VC • • .1 ; .1 1.. a • ; 1 ta • • • c,66 ,dt1 ore 341 • ...;;4.; 1.. •• • ' . C• ,.• . ••• • " •' ' ‘''''' I • I - • •;• ... I 6 I .'..*. ..'•••'!.; .. i •r.. I • '..:• .. . ... • I 1 . :. • I 1 R.n I :. . ... 1 ' i :: • • .• • • l• I • 11/) ,. .... 4. .• • . ... ••• ••• .;.■•:... • •• •••• . • I ;• • 'I` . :. •. • . .. • • .. ..,••• • ! •• . • 1111 • . •I•l• * st:s •••''''`. i' ,. : •... • • ....1 ; • • 1 ; • 1, • : I .• ...., : f1 : ,..it... . '''1.;lel : . . • • . 4 ...!.; •,',... 't 1. , •••• •.. • ...... • # ow. =No awe re. • . • •• • • ••• • 1 t • ' " - . i • •• • • • if I N ••••• • • d I ,f I • ,„1 ( 1 • • IS. , • t.. CI•gi. • 17 ; J..• . ••• t • • k. • .••• • kl vi:.....i. . . .,..1 u 14J(1...., 1 .1 .. tO •••:• %if .s • • 11 s I .• • : i I W 9 ). s:: ic• • '. w•n•s+••••••: swerr■eva 1.0. — .• • . • . • ..: • "! •%.; 'I! I:* .• • TUKWILA CITY COUNCIL MEETING October 20, 1975 Page 4 NEW BUSINESS - Cont. Planning Commission memo - Cont. i Letters from Steve Hall re: proposed street names in Southcenter South Plat SECOND READING OF ORDINANCES Ord. 948, Providing an interdepartmental loan as interim financing re: LID #27 Proposed ordinance, Rezone property from R -3 to R -4 (Frank Todd) resolution is regressive. (5) The Planning Commissio is working on a Comprehensive Plan, not a zoning ordinance. Councilman Johanson stated it sounds like the tail wagging the dog -- the City Council sets the policy. The Planning Commission has not included: any ?; support for their position. �' Mayor Todd read letters from Steve Hall, Public Works} Director, dated October 7, 1975 and September 29, 1975. Mr. Bruce McCann has requested the following names be assigned to remaining unnamed streets in the Plat: Olympic Ave. So., Cascade Ave. So., and G So. Glacier Street. Steve Hall presented an over - ' head display of the Plat. MOVED BY TRAYNOR, SECONDED BY STERLING, TO CONCUR WITH THE NAMING OF THE STREETS OLYMPIC AVE. SO., CASCADE AVE. SO. AND SO. GLACIER' STREET. CARRIED. MOVED•BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance providing for an inter3 departmental loan between Water /Sewer Construction u: Fund and the LID #27 Construction Fund, by title only MOVED BY TRAYNOR, SECONDED BY•STERLING, THAT ORDINANCIti' 948 BE ADOPTED AS READ. CARRIED. Mayor Todd excused himself from the Council table and yielded the gavel to Council President Traynor. MOVED BY HARRIS, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance re- classifying certain property from R -3 zoning to R -4 zoning within the City of Tukwila, by title only. Councilwoman Harris reviewed the minutes of the October 15 Community Affairs Committee meeting which recommends "do not pass" for the following reasons: (1) The Comprehen- sive Land Use Plan indicates multiple dwelling in this area. This has been met in that the parcel is already zoned multiple- dwelling. (2) Access is by one road, legally, only. Although traffic is increas- ed, accessibility is not, thus traffic hazards would be increased. (3) Safety from fire - not enough in- formation to comment. (4) Adequate light $ air - no problems are foreseen. (5) Overcrowding of land - the density of land would be from 50 units and 110 people in R -3 to 120 units and 264 people in R -4, or approximately 2 1/2 times on 'that parcel alone. (6) To secure an appropriate allotment of land area in new developments for all the requirements of comm- unity life - difficult to assess until a site plan is presented. (7) To conserve and restore natural beau- ty and other natural resources - difficult to assess and project. In summation, the committee determined that the present zoning provides the maximum density that the "hill" area should have and still maintain its rural atmosphere. Mr. Frank Todd requested that the entire record of the Community Affairs Committee minutes be admitted to the record of the City Council minutes. Council President Traynor and Councilwoman Harris, Chairwoman of the Committee, agreed. Councilman Traynor stated at the time the previous rezone request to RMFI was discussed, several Council Members indicated that R -4 zoning was more desirable. He stated this may have prompted the petitioner to refile a request to R -4. . He stated regarding a normal size building lot: .,VILA CITY COUNCIL MEETING \, cober 20, 1975 age S SECOND READING OF ORDINANCES - Cont. Proposed ordinance, if we apply the R -3 population density to it, we Todd rezone - could put 13 people on that lot. If we apply R -4 Cont. zoning, we would be able to put 33 people on the lot. If my lot had 33 people on it with 7 or 8 cars, the density is too great. He stated he concurred with the recommendation of the Committee. MOVED BY JOHANSON, SECONDED BY HARRIS, THAT THE PROPOSED ORDINANCE BE DENIED. CARRIED. • FIRST READING OF ORDINANCES 1 Ordinance 949, Vacating a portion of So. 152nd Street RESOLUTIONS Proposed resolution, Fixing per diem expense allowance RECESS MOVED BY TRAYNOR, SECONDED BY SAUL, THAT THE MEETII 8:35 P.M. - 8:48 P.M. ' RECESS 10 MINUTES. CARRIED. Mayor Todd called th meeting back to order with all Council Members pre ent as previously listed. *MOTION TO READ, FAILED. MOVED BY JOHANSON, SECON BY STERLING. TO REFER THE PROPOSED RESOLUTION BACK TO FINANCE PERSONNEI, COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED RESOLUTION BE READ BY TITLE ONLY. CARRIED. Atto Parker read proposed resolution defining the Tukwi Planning Area for purposes of long range planning by title only. MOVED BY TRAYNOR, SECONDED BY JOH SON, THAT RESOLUTION 500 BE ADOPTED AS READ. CAR Resolution 500, Defining the Tukwila Planning Area DEPARTMENT REPORTS City Treasurer's monthly report of investments MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE READ. CARRIED. Attorney Parker read proposed ordinance of the City of Tukwila vacating a certain portion of South 152nd Street as specifics ly described herein, situated within Tracts 37 and 38, Brookvale Garden Tracts, as recorded in Volume lF! of Plats, Page 47, records of King County, Washington subject to the completion of one condition. Steve Hall, Public Works Director, explained the revised r' legal description setting out a 5 foot strip of r of -way. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND PLACE THE PROPOSED ORDINANCE 7; ON ITS SECOND READING BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance as stated above by title only. MOVED BY TRAYNOR, SECONDED BY; STERLING, THAT ORDINANCE 949 BE ADOPTED AS READ.* Kjell Stoknes, Planning Director, and Attorney Park.; explained the decision to recommend that the City hold the S feet of property in escrow. MOVED BY HARRIS, SECONDED BY TRAYNOR, TO AMEND THE MOTION TO- STRIKE THE WORDS "WHICH WAS PLACED IN COMMITTEE AND BROUGHT BACK TO A REGULAR CITY COUNCIL MEETING ON OCTOBER 20, 1975, ". CARRIED. *CARRIED. MOVED BY JOHANSON, SECONDED BY STERLING, THAT PROP(/' RESOLUTION BE READ BY TITLE ONLY.* Councilman Tray nor asked what the $36 per diem allowance covered it does not cover lodging or travel. Councilman Johanson replied it covers meals, taxi or bus fares and other daily expenses. He stated this resolutiq was patterned after a City of Renton resolution. He stated, however, that the $36 figure should hay( been amended to $28. Councilman Traynor read City Treasurer Mae Harris report of investments for the month of September. Mayor Todd inquired how the bond market stands at the present time. Mae Harris replied it is not v good -- interest rates are up to 8 1/2 to 8 3/4 %. City Attorney Wayne Parker was excused from the meeting at 8:45 P.M. • ■ TUKI":ILA CITY COUNCIL METING "October 6, 1975 Page 11 FIRST READING OF ORDINANCES - Cont. Proposed ordinance, final assessment roll for LID #26 - Cont. Proposed ordinance, Vacating a portion ,of So. 152nd Street Proposed ordinance, Declaring cross connections which endanger water quality unlawful & requiring backflow prevention devices Proposed ordinance, Supplementing re- quirements of the U.B.C. & U.F.C. re: auto - opening heat & smoke vents is ;draft curtains Proposed ordinance, Rezone from R -3 to R -4 (Todd) I —I s ...� He stated this project was started under LID #23 and was voted down by the people and then re- enacted by LID #26. Was the construction cost 10% more for LID #26 than for LID #23 and was any work eliminated from the contract between the time LID #23 was proposed and LID #26 was, constructed. Steve Hall explained LID #2 . was voted down during the preliminary assessment roll hearing and the project never went to bid. The contra was the same for the work in LID #23 and in LID #26. There was an error in publication regarding the line installed on 151st; the publication stated the line had been installed under LID #26 when it was actually installed under ULID #6, King County. Discussion re- garding the separation of costs between ULID #6 and LID #26 continued. Steve Hall further explained there was less than 10% increase in the bids received from the contractors over the cost of the preliminary asses: ment roll. Due to difficulties encountered during the construction phase, the amount of the final assessment: is 10.8% more than the amount of the preliminary asses: ments. Steve Hall recommended an adjustment in the final assessment for Willis and Joanne Burton, in the amount of $645.60. The total assessment roll is now $192,664.40 and the difference created by the adjustme] will be paid out of the sewer general fund. MOVED BY TRAYNOR, SECONDED BY GARDNER, THAT THE PROPOSED ORDI- NANCE BE REFERRED TO THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT THE • PROPOSED ORDINANCE BE PLACED ON THE AGENDA FOR THE. NEXT REGULAR COUNCIL MEETING, OCTOBER 20, 1975. CARRIED. MOVED BY JOHANSON, SECONDED BY TRAYNOR, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY, CARRIED. Attorney Parker read proposed ordinance of the City of Tukwila, Washington, declaring cross connections which endanger water quality unlawful and requiring the installation of backflow prevention devices; requiring private wate supply systems to conform with applicable ordinances o: the City of Tukwila; adopting State standards for wate supplies and cross connection control regulation; de- claring existing unlawful cross connections to be publ nuisances and prescribing a procedure for abatement of said nuisances, by title only. MOVED BY HARRIS,, • SECONDED BY DAVIS, THAT PROPOSED ORDINANCE BE REFERRED TO THE PUBLIC WORKS COMMITTEE. CARRIED. MOVED BY TRAYNOR, SECONDED BY JOHANSON, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance supplementing the re- quirements of the Uniform Building Code and the Unifori Fire Code as adopted by Ordinances S47 and 816, requir ing automatic - opening heat and smoke vents and draft curtains, by title only. MOVED BY HARRIS, SECONDED BY TRAYNOR, THAT THE PROPOSED ORDINANCE BE REFERRED TO TH: PUBLIC SAFETY COMMITTEE. CARRIED, Mayor Todd excused himself from the Council table and yielded the gavel to Council President Traynor. MOVED BY HARRIS, SECONDED BY STERLING, THAT PROPOSED ORDIN- ANCE BE READ BY TITLE ONLY, CARRIED. Attorney Parker read proposed ordinance re- classifying certain propert from R -3 zoning to R -4 zoning within the City of Tukwi . by title only. MOVED BY HARRIS, SECONDED BY THAT PROPOSED ORDINANCE BE REFERRED TO THE COMHNI TY AFFAIRS COMMITTEE.* TUKWILA CITY COUNCIL MEETING October 6, 1975 Page 12 FIRST READING OF ORDINANCES - Cont. proposed ordinance, Rezone from R -3 to R -4 (Todd) - Cont. Proposed ordinance, Rezone from R -4 & C -i to C -2 (R. L. Oldright) Councilwoman Harris asked if the Committee or the entire Council should hold the public hearing on this rezone. Kjell Stoknes, Planning Director, stated State law requires either the Planning Commission or the Ci Council to hold a public hearing. The Planning Commis- sion held its public hearing September 25. Councilman Traynor stated the City Council previously held a pub- lic hearing regarding this application even though it was for a different classification of zoning in May 1975. He stated the ordinance should go to committee for a recommendation. Councilwoman Harris stated the Council passed Resolution 489 which was passed August 4 and the request was filed by the applicant of August 4, The proposed policy of the Council was known and did appear on the Council's agenda more than once and the Chief Executive Office certainly would have had to be aware that the item was on the agenda for that night. for final adoption. She stated it struck her as odd that both should appear on the same day. Councilman Sterling stated nonetheless, the application did come in prior to the date the resolution became effective. MOVED BY STERLING, SECONDED BY SAUL, TO AMEND THE MOTION THAT THE COMMUNITY AFFAIRS COMMITTEE BRING THE PROPOSED ORDINANCE WITH ITS RECOMMENDATION BACK TO THE COUNCIL TABLE AT THE NEXT REGULAR MEETING, OCTO- BER 6, 1975. CARRIED. *MOTION AS AMENDED, CARRIED. MOVED BY TRAYNOR, SECONDED BY STERLING, THAT PROPOSED ORDINANCE BE READ BY TITLE ONLY. CARRIED. Attorney Parker read proposed ordinance re- classifying certain property from R -4 and C -i to C =2 zoning within the,Cit; of Tukwila, by title only. MOVED BY JOHANSON, SECONDEI BY SAUL, THAT PROPOSED ORDINANCE BE REFERRED TO THE COMMUNITY AFFAIRS COMMITTEE.* Councilwoman Harris stated the property under the Comprehensive Plan indicates multiple use for this property. The C -2 zoning is not consistent with the Comprehensive Plan. When the Planning Commission held its public hearing, it never addressed itself to that and staff did not cover it in its report. There is a requirement to amend the Comprehensive Plan and hold a public hearing Councilwoman Harris also questioned Ordinance 683 to which was attached a rough draft agreement. She re- quested to see the original document. RECESS MOVED BY HARRIS, SECONDED BY JOHANSON, THAT THE MEETIN1 11:55 P.M. - 12:07 A.M.RECESS TO RETRIEVE DOCUMENTS. CARRIED. Mayor Todd called the meeting back to order with all Council Members present as previously listed. City Clerk Shirlee Kinney distributed copies of the original signed agreement in its proper form. It was noted in the formulation of the agenda packet, a rough draft copy of the agreement had been inserted. Councilman Traynor stated there appears to be several things to consider in this rezone request, but he hoped the discussion would cover them in the committee Councilman Sterling stated the committee is overworked and there are too few Council Members getting in on this. *MOTION AND SECOND WITHDRAWN BY SAUL AND JOHAN- SON. MOVED BY TRAYNOR, SECONDED BY SAUL, TO SUSPEND THE RULES AND PLACE THE PROPOSED ORDINANCE ON ITS SECOND READING BY TITLE ONLY, CARRIED. Attorney Parker read the proposed ordinance re-classifying cer tain property from R -4 and C -i to C -2 zoning within the City of Tukwila, by title only. MOVED BY TRAYNOR, SECONDED BY SAUL, THAT PROPOSED ORDINANCE BE DENIED DU TO THE FACT THAT IT DOES NOT COMPLY WITH THE COMPREHEN SIVE LAND USE PLAN WHICH HAS NOT BEEN AMENDED. CARRIED kfav ii; , ukwila-Riverton-McMicken Heights Edition 5 cents Frank Todd's rezone received the -final squelch Monday night when .. the Tukwila. City Council tabled an already-vetoed ordinance granting the former mayor the reclassifica- tion. , 7 For nearly two.'years Todd has sought an upzone on property he - • ' bought on 62nd Avenue South. The •. land was zoned R-3 when the former - , mayor bought it, which would not . allow the construction of a high-rise apartment he first sought. After considering the request for months, the city council finally granted Todd a rezone ordinance which would have allowed him to build three three-story apartment buildings. But included in the ordinance was a stipulation calling for a minimum of 30 per cent open space on the 21/2 acre-development. Mayor Ed Bauch vetoed. that ordinance because there is no clear- cut definition of open space. The veto was upheld but the council still had not addressed the question of what constitutes open space. Thursday, August 12, 1976 •‘ ". • Vol. LV No. 129 ! • • • 1 • . • ', • wi council • • • ' . • • • -• , • T.• . • The issue was finally turned over to the planning commission for a recommended definition --- but not : the discussion turned to apartment developments and their value to the city. Mayor Bauch delivered the strongest anti-apartment message to the council. "The applicant in this case is the one who wants the higher zoning, ..you don't owe it to him," the mayor, long outspoken against upzoning, told the council. "If there's never another apartment building built here, the • city will be the better for it. We've 'got more than our share of industry and more than our share of apartment buildings.". • • The mayor suggested the city : should devote what land is left with- in Tukwila to single family residences. The planning commission will consider the open space definition and return it to the council, which will decide whether to include the definition in the zoning ordinances. . • . C Edgar D. Bauch, Mayor CITY OF TUKWILA 14475 - 59TH AVENUE SOUTH TUKWI LA, WASHINGTON 98067 Tukwila City Council 14475 - 59th Ave. South Tukwila, Washington 98067 Ladies and Gentlemen: June 29, 1976 Pursuant to the authority of R.C.W. 35.24.210, I hereby veto Ordinance 978 passed by you on June 21, 1976, for the following reasons: 1. Density Section 2 c limits the density to 104 units; however this density of 40 units per acre is excessive and exceeds all other apartment developments in the city but one regardless of the zoning. 2. Open Space Section 2 f provides for 30 percent open space in the development; however, it did not define "open space ". Does "open space" include: Parking lots? Sidewalks? Driveways? Swimming pools and filter buildings? Retaining structures such as a rockery? Although the ordinance provided for approval of the site, elevation, basic floor and landscaping plans prior to development, no guidelines were given for this new concept of open space. 3. Height Restrictions The definition of first level parking spaces or basement spaces, as it applies to the total story limitation of R -4 zoning, as well as where height is measured from on the ground, is undefined in the building codes and could cause confusion when applied to this rezone. Tukwila City Council June 29, 1976 Page 2 4. Adjacent Zoning The rezone is incompatable with adjacent zoning and will have an impact on future composition of the surrounding area. In view of the above reasons, I am returning Ordinance 978 for reconsideration. I feel that any future development that has more than 28 units per acre is not in the best interest of the city and its citizens. I also feel that this density must be defined in a manner that is clear and unambiguous. • EDB /mb Sincerely yours, 41: Ed �a Bauch g Mayor IT WASHINGTON ORDINANCE NO 9 7..? Fire!iminary ne 7, 1976 ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY GENERALLY LOCATED ON 62ND AVENUE SOUTH APPROXIMATELY 300 FEET NORTH OF SOUTHCENTER BOULEVARD FROM R -3 ZONING TO R -4 ZONING WITHIN THE CITY OF TUKWILA. WHEREAS, Frank Todd, the owner of the following described property having petitioned the Planning Commission, requesting re- classification of said property from R -3 zoning to R -4 zoning in conformity with the Comprehen- sive Plan, all contained in Planning Department file No. MF 76 -13 -R, and; WHEREAS, on May 13, 1976, a public hearing on said petition was held before the Planning Commission of the City of Tukwila and the City Council having received a favorable recommendation from the Planning Commission, subject to certain conditions, with respect to the aforementioned petition, and; WHEREAS, the City Council finds the requested classification to be in the best interests and general welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the real property located adjacent to and on the west side of 62nd Avenue South near South 153rd Street as described herein is hereby classified to R -4 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the map attached hereto as Exhibit "A" as illustrative of the property described herein as follows: That portion of Tract 11, Interurban Addition to Seattle, according to plat recorded in Vol. 10 of Plats, p. 55, in King County, Washington, described as follows: Beginning at a point on the East line of said tract 11, which is 162.79 feet North of the SE corner thereof ;,thence continuing North 0 °8'W. 359.88 feet to the Northeast corner of said Tract 11; thence S. 89 °52' W. along the northerly line thereof 300.86 feet; thence South 0 ° 8' E. 398.14 feet; thence North 89 °52' E. 141.65 feet; thence North 0 ° 8' W. 38.26 feet; thence North 89 ° 52' E. 159.21 feet to point of beginning. Section 2. Rezoning to R -4 is subject to the following conditions: a. Dedication of an equitable portion of land necessary to make 62nd Avenue a fifty -foot right -of -way. b. Participation in development of utilities to include storm drainage. c. Limitation of density to 104 units. d. Planning Commission review and approve of site, elevation, basic floor and landscaping plans prior to development. e. The agreement be binding on all heirs, successors and assigns. f. There shall be no less than 30% open space on this site. g. If construction is not started within three (3) years it shall revert back to R -3 zoning. Section 3. The City Clerk is directed to record a copy of this ordinance and map with the County Recorder. Section 4. A developer agreement between Mr. and Mrs. Frnak Todd and the City of Tukwila shall be executed. Section 5. This ordinance shall become effective upon execution of said developer agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, . Approved as to Form: Published: City Attorney Attest: at a regular meeting thereof this 21st day of June , 1976. Mayor City Clerk V s • • tb t \.l ■ • S 1 12 in • _ ]] J ia11 T ONE OF: Jr:, r": - �• •.� �•�.• .•- - - :. ICI _ •_. • � t P ?9 • Uc_.�., 3J0 ..tea VET J_T12 ' " • :3 �, . .......a. 1 f 621 ti I C=D b _ i, . . • �I I' I. I , 9 6-7 1.m A, ! "'yo! • 6•:(0 • • , • (J30.d5} + ; � ;: L ` lI • I:. ^ , 1 '1 I . X 11 i n ti • ••■ ♦•••■• -+rr• ;ohm rr r••■i a•1 :1 •J ? I M3 r • 1I • • • October 20, 1975 TUKWILA CITY COUNCIL AGENDA 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. APPROVAL OF MINUTES 9 -29 -75 4. APPROVAL OF VOUCHERS 5. PUBLIC HEARINGS a. Notice of Public Hearing - Change in Comprehensive Storm Drainage Plan re: revisions in LID #27 6. PETITIONS, COMMUNICATIONS, APPEALS AND SIMILAR MATTERS a. Letter from Richard Hunt re: fencing in Tukwila Park b. Letter from Steve Hail re: contract with Puget Power c. Letter from Steve Hall re: final acceptance of LID #24 7. OLD BUSINESS a. Presentation: Comprehensive Plan Process b. Proposal: Fire Department's requirements re: South Area Park and Medic 1 8. NEW BUSINESS a. Memo from Planning Commission re: Resolution 489 b.. Letters from Steve Hall re: proposed street names in Southcenter South Plat 9. SECOND READING OF ORDINANCES a. Ord. - Providing for interdepartmental loan between Water /Sewer Construction Fund F LID #27 Construction Fund (Finance & Personnel Committee recommendation: Do Pass) b. Ord. - Rezone property from R -3 to R -4 (Frank Todd) (Community Affairs Committee recommendation: Do Not Pass) 10. FIRST READING OF ORDINANCES a. Ord. - Vacating a portion of So. 152nd Street 11. RESOLUTIONS a. Reso. - Fixing per diem expense allowance (2nd reading) . (Finance F Personnel Committee recommendation: Do Pass As Amended) b. Reso. - Defining the Tukwila Planning Area (2nd reading) (Community Affairs Committee recommendation: Do Pass) 12. DEPARTMENT REPORTS a. Treasurer's report of monthly investments (September) 13. MISCELLANEOUS AND FURTHER AUDIENCE COMMENTS 14. ADJOURNMENT Ord. #948 Reso. #500 MI, Catherine Harris Chairwoman COMMUNITY AFFAIRS & LEGISLATIVE COMMITTEE Tukwila City Council AGENDA The Community Affairs & Legislative Committee of the Tu',rila City Council will meet at 5:30 p.m., City_Hall Annex, 6230 South- Center Blvd., Tukwila, Ha., October 15, 1975. The following items of business will be discussed: 1. Proposed Resolution Defining the Tukwila Planning Area for Purposes of Long Range Planning. 2. Proposed Ordinance Re- Classifying Certain Property from R -3 Zoning to R -4 Zoning within the City of Tukwila. Applicant: Mr. Frank Todd. it Published in the Renton Chronicle UAW 1 LA NOTICE OF PUBLIC HEARING 25 September 1975 ,;(date) Notice is hereby given that the Tukwila PLANNING COMMISSION will conduct a PUBLIC HEARING on the above dat at City Hall, 14475 - 59th Avenue South, to consider a request to REZONE,from R-3 to R -4, a parcel of property generally located on 62nd Avenue South approximately 300 feet north of South center Boulevard and legally described as follows: That portion of Tract II, Interurban Addition to Seattle; according to the plat recorded in Volume 10 of Plats, page 55, in King County, Washington, described as follows: ' Beginning at a point on the eastline of said Tract 11 which is 162.79 feet north of the southeast corner thereof; thence continuing north 008' west 359.88 feet to the northeast corner of said Tract 11; thence south 89 west along the northerly line thereof 300.86 feet; thence. south 0 east 398.14 feet; thence north 89 east 141:6 feet; thence: north 0 west 38.26 - feet;.. thence=` north 89 east 159.21 feet to the point of beginning: All interested persons are encouraged to appear and be heard. Herbert Lamb, Secretary Tukwila Planning Commission 0 8:00 P.M. (time) on 10 & 17 September 1975 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING l . • } c ss. Barb. :a4 Ci IITAgAa being first duly sworn on oath, deposes and says that She{s the chief clerk of THE RENTON RECORD -CHRONICLE, a tri- weekly newspaper. 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 tri- weekly newspaper in Renton, 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, Rezone R-4. etc Washington. That the annexed is a as it was published in regular issues (and not in supplement form of said newspaper) once each issue for a period two of consecutive issues, commencing on the 10 75 day of Sept. , 19 , and ending the 17 day of Sept. , 19 75 , both dates inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 18. 24 wh has been paid in full at the rate of per folio of one hundred words fur the first insertion and per folio of one hundred words for each subsequent insertion. chie €••olGrk Subscribed and sworn to before me this 17 day of Sept. 19 75 Notary Pdb1'e in and for the State of Washington, ding at Renton, King County. t .1 Passed by the Legislature, 1955, known as Senate Bill 281, effective i• .1une9th.;1955. 1 ' LWestr;rn a nion Telegraph Co. rules for counting words and figures, i adopted by the newspapers of the State. c f c7 ' : CITY OF TUKWILA •' • NOTICE OF PUBLIC HEARING 25 • , • 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 a request to REZONE, from R -3 to R -4, a parcel of property generally; .located on 62nd Avenue With approximately 300 feet north of Southcenter Boulevard and legally . described as follows - That portion of Tract. II, In- terurban Addition to Soattle; according to the plat recorded in' Volume 10 of Plats, page 55; in King County, Washington, described as follows ,' . ' -7 • Beginning at a point on the . eastiine of said Tract II which is . 162.79 feet north'of the southeast corner thereof; thence, continuing north 0°8' west,. 359.88•feet to the northeast corn- • er of said Tract 1I;•thenco south, - 89 °52' west along' the northerly ', line. thereof '300.86 feel; thence south 0 °08' east 398:14 feet;,:. thence north 89 °52'. east 441.6 feet; thence north '0 °08' west j '38.26 feet; thence north 89 °52' :, • east 159.21 feet to the point of beginning.: . =`..: All interested: persons -are .encouraged to appear and be hoard) Herbert Lamb, Secretary: ' Tukwlla Planning Commission Published in the Renton Record - Chronicle on•Septomb 10 and 17, 1975. T1008. n. . )4 • ei Pi j N. `.ACCOUNT.', h1TiPA10� •'BALANCE`;. IIK808 N*difirm { FOR OFFICE USE ONLY Appl. No. i S - / S - APPLICATION FOR CHANGE OF LAND USE CLA 1 YIS.RTIoisi O R MODIFICATION CF LAND USE REGULATIONS IN THE CITY OF TUKWILA Receipt No. Filing Date Hearing Date 54 S / g 7 c" Existing Zoning 03 S(., 4 ( `{, /9 7 Nate F e / Property Petitioned for rezoning is between /r 4..eQ Total square footage in property LEGAL DESCRIPTION aF PROPERTY 2. What provisions w 11 be mad to pr minimum standards? 14 mad to located on and / C 4 Co Address Planning Commission Action City Council Action Ordinance No. & Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND AOJCURATELY: YK -- Nr7 Telephone No. C/ -/6 -1 a4 "e rrie Zoning requested What are the uses you propose to develop on this property? , A T �? Number of permanent off - street parking spaces that will be provided on property? e.D C De_ Zen 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 requiranents.) 1. What provisions will be made to screen adjacent 'and surrounding property from any incanpatible effects which may a rise as a result of the proposed land use classification? Pr VIs if s /�e-e E i4;c- 6 77 `off - E e f or necessary street. to City 3. What provisions will be made for adequate. sewer and water service? peEQ , 7�r. Ells i ��t�'�.. �D ' • 4. Any other cants which the petitioner feels are appropriate: / 6 r a /E fir/ vet s r' -t- Zo,s b .. t 14 sE . in/ 6264. FOR OFFICE USE ONLY Appl. No. Receipt No. Filing i ng Date Hearing Date E v.!r 04 1975 Planning Commission Action City Council Action Ordinance No. & Date CITY OF TUKWILA APPLICATION FOR CHANGE OF LAND USE CLASSIFICATION OR MODIFICATION OF LAND USE REGULATIONS IN THE CITY OF 'TUKWILA APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY: Name H lc obi) Address / c r‘ '' Y -.(:o 74e / 1r¢ IU'rt . Telephone No. Chi 3 -/6 )-1 Property Petitioned for rezoning is located on tg .-- �-z4 L' So between / r3 and Arfe %nit Total square footage in property /7-1), OO O Sao LEGAL DESCRIPTION OF PROPERTY Existing Zoning /— 3 f!-'r7'i�ffE0 Swat are the uses you propose to develop on this property? #347 frlernr Zoning requested Number of permanent off - street parking spaces that will be provided on property? e D e . De_. £E'g77Z= Number required NOTICE '10 APPLICANT: The following factors are considered in reclassifying property or modifying regulations. Evidence or additional information you desire to suksnit 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? Pro v./5 10, AEA Ex/.i C-. C ry (OJ 2. What provisions minimum standards? '1lbemad Art to pr de for necessary stree widening to City EQ, ( IST I//C - (" b 3. What provisions will be made for adequate sewer and water service? " g& , Rr Ep.r 7 • ' • 4. Any other moments which the petitioner feels are appropriate: /-S 6 or/¢ T/ de fit/ / 77 6t1 LAAFO USE • Al -r9.