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HomeMy WebLinkAboutPermit 72-04-R - AJ PALMER DEVELOPMENT - JENSEN REZONE72-04-R SOUTH 135TH STREET AJ PALMER DEVELOPMENT / JENSEN REZONE COMPREHENSIVE LAND USE PLAN COMPREHENSIVE PLAN Frank Todd, Mayor n 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 31 October 1972 J. David Jensen Associates 200 - 112th N.B. Bellevue, Washington 98004 Dear Mr. Jensen: • The Tukwila Planning Commission, at its regular meeting on 19 October 1972, recommended, to the City Council, approval of your request to rezone from R -1 to M -1 your property located on South 135th Street in Tukwila. The following restrictions have also been recommended as conditions to the rezone; 1. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable beyond the boundaries of the district by reason of offensive odors, .dust, smoke or gas. 2. Waste disposal shall be by a method or methods approved by the Puget Sound Air Pollution Control Agency, or any other governmental body having jurisdiction thereover. 3. No use shall be permitted if it results in industrial noise ' above five sones as measured at the outer boundary of this district. 4. Necessary public rights -of -way shall be dedicated to the public either as a portion of a plat or upon acceptance of street dedication by the City Council. r / i • 5. To protect the abutting contiguous uses, a protective strip of land bordering the external boundaries and along any frontage on public rights-of-way and devoted to the planting, cultivation, growing, and maintenance of sight - obscuring trees, shrubs and plant life shall be established and main- tained. The maintenance guarantee of such, protective strips a:;.: the planned lan scaping of the site may be bonded to the city in a reasonable amount if required by the City Council. In lieu of such protective strip, under appropriate circum— stances, there may be substituted a use classification of the outer margin of this district consistent with or not objection — able to the use classification of the peripheral area. 6. Outdoor storage facilities shall be obscured by an approved architectural screen or buildings specified on the plot plan and approved by the Planning Department. 7. A plot and buildinc plan chowins coxpliarca with the previLions stated ' con2isl. •.'1::...i: the :;::^.en » t'.:.c:S of the herein ' i • with the Planning .. n and b ( use shall filed .t ..a.C. 1atii...n,_, e2 a: v.:i: .t a..G .:.c :i:;+._.C,. :'t permit application shall comply with this approved plot plan. 8. Structures shall not exceed thirty —five feet in height and /or three stories except that when the site exceeds five acres, the height may be raised one additional story for each additional two and one -half acres within the site area boundaries when specifically approved by the Council upon recommendation of the Planning Commission. 9. Outdoor storage shall not exceed twenty feet in height, and shall be screened from abutting public streets and from adjacent properties. Such screens shall be a minimum of eight feet high, and not less than sixty percent of the height of the material stored. 10. The minimum setback from all publicly used rights—of—way shall' be adequate to provide a park —like atmosphere,'and at least fifty feet. The same to be clearly set out in the plot and building plan and upon the building permit application when filed. 11. Off— street parking shall be provided as stipulated in Chapter 18.56, Tukwila Municipal Code. 12. A solid screen planting and /or decorative obscuring fence six feet high shall be provided along the boundaries of the use district, except at streets, where landscape or treatment shall be as described in / #15 hereunder. 13. A setback of fifteen feet, landscaped, shall be provided on the street or public way frontages; this setback to be measured from the minimum building setback line, where no front yard is otherwise required. 14. Outside storage shall comply with CM requirements except that screening shall consist of a decorative obscuring fence and /or solid screen planting of evergreens. In areas adjacent to residential uses, no outside storage shall be permitted. 15. Utility easements and areas between property lines and curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing such as low growing evergreens, ground cover, shrubs, washed stream rocks, or a combination of similar materials. 16. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements and the certificate of occupancy shall not be issued prior to installation•of landscaping and screening. 17; The use will not .be unduly detrimental to adjacent and /or surrounding properties. Please contact this office if we may be of any assistance. Delbert . F. gloss • Planning Coordinator GC /lt cc: .Mayor Todd Director of Public Works N — — Sincerely, CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 A G E N D A 11 -20 -72 1. PLEDGE OF ALLEGIANCE 2. CALL TO ORDER AND ROLL CALL 3. MINUTE APPROVAL 11 -6 -72 4. VOUCHER APPROVAL 5. PUBLIC HEARING a. Cooperation Agreement - Washington Housing Services 6. ORDINANCE AND RESOLUTIONS a. Res. - Cooperative Agreement Housing Authority b. Ord. - Rezone Jensen Prope y —c: . - . Strander Bridge x ension Fund . Res. - Authorize negotiations agreement for Data Processing Services with the City of Renton e. Ord. - Amending Ord. 570, Larceny, Bad Checks and Assault f. Ord. - Authorizing appointment of Public Defender . and payment thereof from Contingency Fund g. Res. - Transfer of funds - from Land Acq. to Strander Bridge and Extension Fund h. Ord. - Amending Ord. 613 - Extending hours of operation for Massage Parlors i. Ord. - Water & Sewer Bonds', Plans & System j. Ord. - Amending Ord. 564 - Landscaping Maintenance 7. CORRESPONDENCE AND CURRENT BUSINESS a. Letter - Maguire Partnership, Andover Pk. W. extension B. OLD BUSINESS a. Bid Award - Aerial Fire Truck . b. Bid Award - Pumper Fire. Truck c. City Hall Site 9. NEW BUSINESS a. Lease agreement - City owned house on. 154th b. Proposed Roadway between' VIP's & International House of Pancakes o. L.I.D. 18 chance order 1, Soh. A.' d. Kas rson - offer of P ark property 10. AUDIENCE COMMENTS 11. ADJOURNMENT �z'+Iffi�Pwarpiiri»eP li���liiiriga APPLICATION FOR CHANGE OF LAUD USE CLASSIFICATION OR Form B MODIFICATION OF LINT) USE REGULATIONS IN THE CITY OF TUKWILA FOR OFFICE USE ONLY Appl. No. Planning Commission Action rg.G- and Receipt No. Filing Date ?6 T t /7 L. City Council Action Hearing Date /j /t,e /97 Ordinance No. & Date APPLICANT TO ANSNER ALL TIIE FOLLOWING QUESTIONS NEATLY AND ACCURATELY: Name J. David Jensen 98004 Property Petitioned for rezoning is located on S_ 1a_4111 R 135th etrentc near 4tin0 a ve S between Total square footage in property 202, 000 A 6g A[,g_ LEGAL DESCRIPTION OF PROPERTY Se,,p attaphed sheet Address 200 112th N. E. Bellevue, Washington Telephone No. 4s5_sn9n Existing Zoning R -1 Zoning requested ' What are the uses you propose to develop on this property? Business park with Number of permanent off — street parking spaces that will be provided on property? 15Q-oprox r“It'ly Number required_ NOTICE TO APPLICANT: The following factors are considered in reclassifying property or modifying regulations. Evidence or additional information you desire to submit to substantiate your request may be attached to this sheet. (See Application Procedure sheet Item No, 2 for specific minimum requirements.) 1. What provisions will be made to screen adjacent and surrounding property from any imcompatible effects which may arrise as a result of the proposed land use classificatic Appropriate fencing. walls and landscape plannings, will be installed along adjacent properties street boundaries. ta_provide a suitable buffer and screen. 2. What provisions will be made to provide for necessary street widening to City minimum standards? Pro ose use of S. 134th and S. 135th streets, both of which have recently been resurfaced. 3. What provisions will be made for adequate sewer and water service? Water lines are in both streets for water service. Se tic tank and drai • -ld s stems • -ndi extensio of sewer lines under proposed T..'.I. D. 4. Any other comments which the petitioner feels are appropriate : Thi Q n .rtv ree .ntl .P�. p Y xed to the ci is •art of an overall prq'ect which.I am preparing for development as an of ice - warehouse par PAP CET, I /.1.1 of Tract 15, Fostoria Garden Tracts together with that portion of Tract 14, described as follows: P^r;inning at the most northerly corner of Tract 14; thence south — vesterly along the northwesterly boundary of sa:.d Tract 14 a dis— tance of 272.12 feet; thence southeasterly along a line parallel vt1;h the northeasterly boundary of said tract: (:. 134th Street), a d of 90.94 feet; thence northeasterly 272.12 feet to a point on the northeasterly line situated 90.94 feet southeasterly of,the p.o.b.; thence northwesterly along said.northeasterly boundary 90.94 feet to p.o.b. PARCEL II That portion of Tract 16, Fostoria Garden Tracts, according to plat thereof recorded in Volume 9 of Plats, page 95, records of King County, Washington described as follows: Beginning at the most westerlycorner of said Tract 16, thence South 47 °12' East along the southwesterly line of said Tract 16, a distance of 175.31,feet; thence South 67 °43' East along the southwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning of this description; thence South 67 °43' East 82.11 feet to the most southerly corner of said Tract 16; thence North 40 °17' East along the southeabterly line of said Tract 16 a distance of 297.73 feet; thence North 49 °43' West . parallel with the northeasterly line of said Tract 16 a distance 137.29'feet to a point which bears. North 30 °00' East from the true point of beginning; thence South 30 °00' West 327.77 feet to the true point of beginning. Exhibit "A" to Ordinance 6695 LEG =AT, DESCRIPTION OF PROPERTY FOR /,NNEXATION CITY or TUKWILA Dear Mr. Hoeft: GC :cs Enclosure Frank Todd, Mayor 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT Mr. K. C. Hoeft 205 - 116th N.E. Bellevue, Washington 98004 7 February 1975 Re: A. J. Palmer & Associates Please find enclosed a copy of the Summary of Environmental Effects prepared by this office and a copy of the Statement of Declaration made by Mr. Stoknes, Planning Director. This fulfills the requirements of SEPA for the project described. Be it noted that Ordinance #743 must be complied with in all respects including the requirement of review by the Planning Commission. Should you have any questions regarding this matter, please contact me at your convenience. Sincerely, • Gary ¢rut 'Assistant Planner E I S 1 A- V (,; DEVELOPMENT CONCEPT PROPOSED BY A. J. PALMER & ASSOCIATES FOR THIRTEEN ACRES OF INDUSTRIALLY ZONED LAND GENERALLY BOUNDED BY SOUTH 135TH STREET, SOUTH 134TH PLACE AND 48TH AVENUE SOUTH. INTRODUCTION: The following is a Statement of Declaration by the under- signed 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 in relation . to the project 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 environ- mental policy and the guidelines issued by the Washington State Department of Ecology for the implementation of the State Environmental Policy Act, I find that the proposed project will not have a significant adverse effect upon the environment and therefore a complete Environmental Impact Statement is not required. PLANNING DEPARTMENT K] 11 tokne+s, Director CITY OF TUKWILA Planning Department 5 February 1975 STATEMENT OF DECLARATION TMC:KMS:cs Frank Todd, Mayor CITY OF TUKWILA 6230 SOUTHCENTE R BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT SUMMARY OF ENVIRONMENTAL EFFECTS A. J. Palmer & Associates I. Location & Description The proposed project area is comprised of Tracts 15, 16 and 17 of Fostoria Garden Tracts and bounded on the northeast by South 133rd Street and on the south- west by South 135th Street (Macadam Road). The site represents approximately 13 acres which is currently filled to a considerable extent. A few small and somewhat unkempt industrial land uses are located directly across South 133rd Street while the rising slope located south and southwest along Macadam Road supports low- density residential land uses. Although definitive plans are not available as yet, . the concept of development is similar to most small industrial parks. Concrete buildings, most of which will house distributive industry, will dominate the site. II. Purpose The development proposal is a direct result of the annexation to, and the zoning classification estab- lished by, the City of Tukwila in 1972. III. Environmental Impact of the Proposed Project The most notable effect of the proposed development will be the physical impact realized by the surround- ing residential properties. Mitigating measures, in the form of development restrictions imposed by the City of Tukwila under Ordinance #743, have been de- signed to diminish this impact. Botanically, the site has been cleared and filled over the past two years. The only significant bo- tanical species remaining will be those located a- long the periphery of the site and will serve as a screening effort to minimize the visual effect on the surrounding residences. Biologically, any species yet inhabiting the remain- ing natural portion of the site, will most likely remain after development since the bulk of displace- ment took place at the time of clearing and filling. Natural drainage characteristics have been altered . to facilitate the development. The existing small creek, which serves as a drainage channel for the storm run -off related to the sloping land area to the west and south of the subject site, will be re- aligned and utilized in the development, thus pre- cluding any significant adverse effect on surface drainage of the surrounding vicinity. Current ambient air and noise levels will be affected to some degree as a result of the increased vehicular movement. Due to the proximity to the 1-5 and. West Marginal Freeways these impacts will be comparatively insignificant. However, it must be noted that con- tinuous commercial /industrial growth will result in an ever- increasing overall effect to the ambient air quality levels thus dictating the need for a planned growth area which reflects an insignificant overall effect on the air quality as well as other natural factors. IV. Alternatives A do- nothing approach is not economically feasible and actually was eliminated when the site was cleared and filled following the industrial zone classifica- tion granted by the municipality. A multiple - family residential development would cer- tainly have less physical impact on the surrounding land uses. Again, this alternative was discarded at the time of zone classification. Alternatives within the proposed development concept itself must be considered throughout the basic plan- ning stages of development in order to minimize the adverse impacts already described in Section III. V. Long -Term Productivity and Irreversible Resource Committments Committment of the land area to industrial use con- stitutes the only notable resource committment and, in terms of the forseeable future, is irreversible. Long -term productivity associated with the proposed development is limited to the availability of the approximately thirteen acres for distributive and service - oriented industry, indicative of the recent growth trend in the Duwamish Valley area. Refer to Environmental Assessment prepared by A. J. Palmer & Associates, 10 December 1974. Gary Crutchfield Assistant Planner 3 Frank Todd, Mayor CITY or TUKWILA 6230 SOUTHCENTER BLVD. TUKWILA, WASHINGTON 98067 PLANNING DEPARTMENT A. J. Palmer & Associates 1305 3rd Avenue Seattle, Washington 98104 23 December 1974 RE: Proposed A. J. Palmer Development Dear Mr. Palmer: This letter shall acknowledge receipt of an Environmental Assessment Summary and conceptual site plan of the develop- ment proposed by A. J. Palmer.& Associates. A cursory review of The Environmental Assessment Summary indicates that a detailed Environmental Impact Statement will not be required and a Negative Declaration, prepared by this office, shall be forthcoming. With regard to the tentative site plan, it is considered . as conceptual by this office and any revisions or detailed plans and elevations must be first submitted for review and approval by this office and the Planning Commission as required by Ordinance #743. GC /sl . david jensen associates CITY & TOWN PLANNERS • LANDSCAPE ARCHITECTS December 29, 1972 The Honorable Frank E. Todd Mayor, City of Tukwila 14475 59th South Tukwila, Washington 98168 Dear Mayor Todd; (206) 455.3020 200 112th AVE. N.E. • BELLEVUE, WASHINGTON 96004 As you are aware we are proceeding with the development of a Business Park in the area of S. 133rd and S. 134th streets. This area has no sanitary sewer service and due to the water table and soil conditions septic tanks are not feasible. The existing boundaries of the sewer are shown on the attached map. We propose the installation of a sewer main from our property at the intersection of S. 133rd and S. 134th, along S. 133rd and under West Marginal Freeway to connect with the Metro 18" Main which runs along Interurban Ave. Preliminary discussions with both Metro and your Engineering Dept. indicate that the proposal is feasible. Also, at the time of the sewer installation, for efficient construction and costs benefits we propose a water main along the same route to connect with the City's 12" water main in Interurban Ave. Your Engineering Dept. indicated that this is also feasible. Neither Water Districts #35 nor #38 have large enough mains in the area to support business use requirements. It is our understanding that matching funds on the 90 -10 program or funds from other sources might be available for a project of this nature and we submit this letter as a request that these proposed improvements to the City's utility systems be considered for such funds. These proposed improvements will serve several beneficial purposes. The new lines will serve a much greater area than just our development. Many homes and businesses that are currently is ing septic tanks can benefit directly with extension of the new sewer system. This will be a decided improvement from a health and ecology standpoint. Mayor Frank E. Todd December 29, 1972 Page 2 Yours very truly, DAVID JEN ASSOCIATES JDJ /KCH :vlf Enclosure �. ...._. Proper sewage and an adequate water supply is a necessity for our development which, during construction and after completion will afford employment and add considerably to the City's tax structure while at the same time require very little in city services. The project will generally enhance the whole area. Your prompt and favorable consideration of this request will be greatly appreciated. david jensen associates CITY & TOWN PLANNERS • LANDSCAPE ARCHITECTS 200 112th AVE. N,E. • BELLEVUE, WASHINGTON 98004 (208) 455.3020 VISTA SEWER DISTRICT 1 UNDARY 130 th 2 1 CEMETERY 42nd ST,..7. • q . • ssw, n4 ST ER 4 SCH. vi 41 TT 14Qth • ii 1 • ----I L •--_ • 110 III RIVER 1 I -1 1 5 116th ST. 5,1171 ST ke - > :!- • -,- , --,-,---.-- = = .. ---,_ '''IIIIIV"" i i 5 139th ST. JILL ._,_. •_,_.___,,___ , .,, \,,,, S. 14Iii S'c . '' i'— - 1.4 = : • i 42 nd ST L... ..; _ 1 ..- }: t . ut :3714I gr, 1 I I 'IliI... mum sow - • - r_. vAL M sewee 3)1ST 80uAIDARY e abpartri &us/ 00 1 wormoi•owit e kt■PoSE 0 L. ildC 5 :., ........ ••••••• (I% I FOSTER JR.-811. HIGHEC:; t. 11F • • • - , / '• 4 .. . S.I3 th s LL1 S. L1 • I .' t OM MD 1111•6 .................... -•-••• .c: Dear Mr. Johanson: Frank Todd, Mayor CITY or TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 20 November 1972 Mr. Reid Johanson President, City Council City Hall Tukwila, Washington 98067 Please find attached a copy of a letter from the King County Prosecuting Attorney's Office in regard to the Jensen rezone and proposed development. The letter suggests this department make a determination of the degree of environmental effect and that the determin- ation be made a matter of record. The Planning Commission, at its regular meeting of 19 October 1972, held a Public Hearing in consideration of the applicant's request for rezone of a small portion of land, recently annexed to this city, which abuts a much larger parcel of property within the city, owned by the applicant and which has always been zoned M -1. The Commission inquired of traffic circulation, storm and surface drainage, sewer system development, and of the proposed development, not only of that land to be rezoned, but of the overall land area owned by the applicant of which more than sixty percent already has M -1 zoning. PLANNING DEPARTMENT The only comments heard from the public at the hearing were questions both concerned with a rumor to the effect that a trucking operation, similar to Time D -C, was being contemplated by the developer. The developer's represent- ative denied the rumor and the Commission reminded both the applicant and the public in presen that any truck - like operation must be approved by the Planning Commission with a Public Hearing. Ltr, City Council, 20 November 1972 The Commission, in recommending approval of the rezone to M -1, to correspond with the abutting land, recommended that seventeen (17) conditions be applied to the total land area proposed for development and not only the small abutting parcel requested for rezone. The owner, David Jensen Associates, has agreed to accept these conditions, as they will not detrimentally effect his proposed development. Mr. Jensen has gone even further in establishing proposed private development covenants similar, in effect, to those adopted by Puget Western, Inc. for Andover Industrial Park. Further, the rezone, in this instance, does not consti- tute a "major action significantly affecting the quality of the environment ". The degree of impact will be dictated by the specific uses and such specific uses, at a later date, may require environmental impact statements. 1 Encl: Ltr, K C Prsctg Atty cc: Mayor Frank Todd Steve Hall, P W Dir King County Prosecuting Atty Sincerely, Delbert F. Most Planning Coordinator david jensen associates CITY & TOWN PLANNERS • LANDSCAPE ARCHITECTS November 20, 1972 Del Moss Planning Coordinator City of Tukwila Tukwila, Washington Dear Del, Thank you for your letter of October 31st, outlining the Planning Commissions recommendations with regard to my application for rezone. I have received your letter and am in agreement with the conditions outlined. I note these are contained in the CM District Industrial Parks. With regard to the existing M -1 area of the I -5 Business Park development,I am preparing Covenants and Restrictions for the entire project which will insure a high standard of performance for any new use. These Covenants , I believe, will be fully as restrictive as the City's CM District and perhaps even more so. I trust this will be in keeping with;yitjand the Planning Commission desires. F8 r your comments I'm including a copy of the I -5 Business Park proposed Covenants. Yours very truly, DAVID JENSEN ASSOCIATES !.vid J nsen JDJ: vlf Enc: 200 112th AVE. N.E. • BELLEVUE, WASHINGTON 98004 (206) 455 -3020 17 November 1972 OFFICE OF THE PROSECUTING ATTORNEY KING COUNTY COURTHOUSE SEATTLE, WASHINGTON 98104 CHRISTOPHER T. BAYLEY 1206► 344 -2550 PROSECUTING ATTORNEY The Honorable Frank B. Todd Mayor, City of Tukwila 1+475 - 59th South Tukwila, Washington 98168 Dear Mayor Todd: Since my letter to you dated 31 October, I have met with Mr. Delbert F. Moss in regard to the proposed I -5 Business Park located in the area of 133rd and Macadam Road. As you recall, our office was concerned as to whether the City of Tukwila has met the requirements of the State Environmental Policy Act of 1971 in its' review of this project. Let me summarize our position as follows: (1) It appears as if there are some pot6ntially significant environmental effects inherent in the project which would suggest the need for the preparation of an environmental impact study and statement as required by the Act. Based on the information which we have seen, we cannot at this time, render a final opinion as to whether this projecgt - would require an impact statement before any further decisions are made by the City on the project. It is clear that the adverse environmental effects from the project would be greatly increased should the City choose to approve the developer's rezone application without requiring and obtaining the developer's agreement in respect to the 17 conditions recommended by the Planning Commission (as.stated in Mr. Moss's letter of 31 October to J. David Jensen Associates). (2) In the case of every action,including the proposal under conCideration, the City f Tukwila should make a determination as to whether the action is al action significantly affecting , the quality of the environmentfiand ',.therefore, requires the "preparation of a: detailed impact statment. This determination should take into account the cumulative impact of the proposed action and of further possible actions contemplated in connection with the same project We recommend that in the case of a project of IROSEUTING ATTORNEY KING COUNTY The Honorable Frank E. Todd Page two 17 November 1972 the magnitude of the one proposed by J. David Jensen Associates that this determination, together with an explanation of the determination, be made a matter of record and made before any further decisions are taken on the project. We would be interested in obtaining a copy of any written record made of this determination. (3) We would also recommend that the City of Tukwila develop methods and procedures to insure that the Environmental Policy Act is adhered to on a regular basis in respect to this and other proposed actions by the City. Specifically, in respect to this proposal, regardless of whether the City now determines that an impact statement should be prepared, the City should take steps to insure that the required analysis of the environmental effects of this project, should be made at each appropriate stage in the future. Such an analysis should include consultation with the public and with other agencies with jurisdiction by law or special expertise in respect to any environmental . impact involved. We remain available to assist you in this matter. For CHRISTOPHER T. BAYLEY, King County Prosecuting Attorney: 1 4 ( P AJO E. KEEGAN uty, Civil cc: Mr. Delbert F. Moss City Council . Planning Commission david jensen associates CITY & TOWN PLANNERS • LANDSCAPE ARCHITECTS November 8, 1972 Mr. Del Moss Planning Coordinator City of Tukwila Tukwila, Washington Dear Del (206) 455.3020 200 112th AVE. N.E. • BELLEVUE, WASHINGTON 98004 Per our phone conversation I'm forwarding additional information on the solution of some of the drainage problems in the area of our property. As you know the open ditches on the south side of S. 133rd and S. 134th are un- sightly, unsanitary and unsafe with a minimal gradient resulting in sluggish stagnant water standing all year round. At least one or perhaps two of the culverts under S. 133rd are not functioning. Recognizing this problem we started negotiations with the city and state to alleviate the situation by installing a culvert under S. 134th into the ditch along the Clarklift building and c onnecting into the states system under West Marginal Freeway. After almost two years we received approvalfcr the installation of an 18"t culvert, a copy of the letter is attached as enclosure 1. However, it was felt that a larger culvert was needed. At our request Tukwila Director of Public Works and one of his staff and three representatives of the State Highway Department met on the site and discussed the situation. It was the general consensus of opinion that a 23" culvert with a lower invert would be more appropriate and the state representatives indicated that they felt the new proposal would be favorably considered. We are currently preparing plans to submit through the city to the state. The installation of a culvert in this location is going to alleviate a great deal of the current drainage problems in the entire area, both upstream and down. We will keep you apprised of the status of our new proposal, but regardless, even the installation of the 18" culvert will greatly help the whole area. DAVID JENSEN ASSOCIATES KCH: vlf cc: Director of Public Works Frank Todd, Mayor 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 6 November 1972 Office of the Prosecuting Attorney ATTN: Mr. John E. Keegan King County Courthouse Seattle, Washington 98104 Dear Mr. Keegan: PLkNNING DEPARTMENT In response to your letter indicating concern on the part of an 'interested party with regard to the environmental impact of the I -5 Business Park located in the area of 133rd and Macadam Road, the Planning and Public Works Departments have reviewed the pro— posal with ecological considerations uppermost in our thoughts. Even before consideration of the rezone application, the staff worked closely with the developer to ensure that the proposed development would meet the most rigorous requirements for handling storm drainage and for traffic circulation. In addition, the Planning Staff has looked at the effects this project would have on the surrounding existing uses. It is the opinion of the Staff that the project, developed within the framework of the C .Iv Zone conditions as *shown in the attached letter to J. David Jensen Associates, will ensure a proper physical development of the property. These conditions apply to the 300,000 plus square feet previously rezoned to M -1 as well as the 200,000 square feet in the M -1 rezone area under consideration in the current application. Furthermore, guidelines recommended for Draft Environmental Impact Statements under the Environmental Policy Act are used as develop— mental requirements whenever possible. Lastly, items such as solid waste disposal handling, storage, and other items subject to change will be handled on a use —by —use basis with the issuance of business licenses, ensuring continuing policing of the proposed development, even after it is in operation. On these items, the Planning Department has a close working relationship with the Northwest Regional Office of the State Department of Ecology. Considering what has been allowed to happen in the immediate area in the past, the proposed development will constitute an enormous improvement. Detrimental effects will be minimized and, to the . greatest extent possible, the project will become a positive attribute to the area protecting and preserving the liveability of the neighborhood. Please contact this office if any additional information is required or you have an y questions regarding this matter. DFM /lmt 1 Enc1: Letter wI conditions Sincerely, c ,72 Delbert F. Moss Planning Coordinator November 3, 1972 Mr. Del Moss Planning Coordinator City of Tukwila Tukwila, Washington Dear Del: This letter is in response to your request for information on our plans for drainage and traffic control on that portion of I -5 Business Park which was recently annexed to the City of Tukwila and proposed to reclassification, M 1. In seeking annexation and zoning, one of our primary concerns and objectives has been to permit development of the property under an integrated overall plan or concept wherein we would be able to use the natural terrain to best advantage as well as the other amenities which the site offers. Accordingly, we are planning to step the buildings up the slope to reflect this overall plan and to use the small stream flowing through the property as an amenity, keeping it primarily above ground in a small series of cascading pools and fountains. This would be an attraction primarily in the office and retail area. An underground collection system of storm drains and catch basins will pick up and divert run -off to the City's collection system on South 133rd and 134th Streets. Flow rate will be fairly slow, since grades will be reasonably gentle or flat throughout the entire development. As shown by the plan which is submitted, traffic into the development will be limited to South 133td and South 134th Streets. Only the brick residence situated at 4512 South 135th and possibly one small Office building within the proposed rezone area will have access to South 135th Street. It is our belief that the addition of this relatively small area to the City of Tukwila and its subsequent rezoning to 1M 1 will have a very minor effect on the area. It certainly cannot be construed as a major action significantly effecting the quality of the environment, since it constitutes a logical and reasonable extension of the existing zoning and is, I believe, consistent with the comprehensive plans for both the City of Tukwila and King County. • Yours very truly, J. David J ensen r , cc: Director of Public Works .S david jensen associates CITY & TOWN PLANNERS • LANDSCAPE ARCHITECTS 200 112th AVE. N.E. • BELLEVUE, WASHINGTON 911004 (200) 4564000 CHRISTOPHER T. BAYLEY PROSECUTING ATTORNEY 31 October 1972 OFFICE OF THE PROSECUTING ATTORNEY KING COUNTY COURTHOUSE SEATTLE, WASHINGTON 98104 The Honorable Frank E. Todd Mayor, City of Tukwila. 14475 - 59th South Tukwila, Washington 98168 Dear Mayor Todd: It has recently come to our attention that the city of Tukwila has under consideration the decision to approve the rezoning and permits for an industrial park project in the area surrounding 133rd and Macadam Road. From the description of the project, it appears as if there are certain significant drainage and other environmental hazards associated with the project. We are concerned as to whether the city of Tukwila has met the requirements of the State Environmental Policy Act of 1 9 7 1 (RCW App. 43.109x) in its review of t h i s project. As you know, this Act requires-that a detailed environmental impact statement be prepared by the responsible city official before any decision is made in respect to "major actions significantly affecting the quality of the environment" [§ 3(2)(c)]. Please inform us as to your estimation of the potential environmental impact of this project. Our .office is concerned that the State Environmental Policy Act be enforced, by our office if necessary, throughout King County. Thank you for your consideration of this matter. For CHRISTOPHER T. BAYLEY, King County Prosecuting Attorney: 0 < JOH' E. KEEGAN. v Dep(ty, Civil Division It cc: Tukwila City Council • ,Tukwila Planning Commission • cc, ,1j (1'[Fr (206) 344 -2550 Frank Todd, Mayor CITY of TUKWILA 14475 - 59TH AVENUE SOUTH TUKWILA, WASHINGTON 98067 NOTICE OF PUBLIC HEARING 19 October 1972 8:00 P.M. Notice is hereby given that the TUKWILA PLANNING COMMISSION will hold a PUBLIC HEARING on the above date at the CITY HALL to consider a request fo' rezone:2from R4E M -1 that parcel of property generally located near South 135th Street and 44th Avenue South legally described as follows: All interested persons may appear and be heard. Richard G. Kirsop, Secretary Tukwila Planning Commission Published in the Highline Times 4 and 11 October 1972. of AFFIDAVIT OF PUBLICATION No STATE OF WASHINGTON SS. COUNTY OF KING : H . Jenkins she on oath deposes and says: That he 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 tho 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 times 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 language, 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 published. That the annexed is a true copy of a LEGAL OTmca; Notice of Public Hearing • l/ Subscribed and sworn to before me this October , 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 4th day of October , 197 and ending on the 11th day of October , 1972 , both dates inclusive, and that said newspaper was regularly distributed to its sub- scribers and as a newspaper of general circulation during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 26 Jj 2 which amount has been paid in full, at the rate of 4240 per hundred words for the first insertion and -$2240 per hundred words for each subsequent insertion. i ,$.20 : 2A /I J 11th day , 19.. . 7.2...... Notary Public in and for the State of Wash - ington, residing at....°.eatt1z i CITY OF TUKWILA 14475.59th Avenue South Tukwila, Washington 96067 NOTICE OF PUBLIC HEARING 19 October 1972 8:00 P.M. Notice is hereby given that the TUK. WILA PLANNING COMMISSION will . hold a PUBLIC HEARING on the above date at the CITY HALL to consider a re. quest to rezone from R•1 to M•1 that parcel of property generally located near South 135th Street and 44th Avenue South legal- ly described as follows: PARCEL I All of Tract 15, Fostoria Garden Tracts together with that portion of Tract 14, de. scribed as follows: Beginnino at the most northerly corner of Tract 14; thence southwesterly along the northwesterly boundary of said Tract • 14 a distance of 272.12 loot; thence south. easterly along a line parallel with the • northeasterly boundary of said tract (S. 134th Street), a distance of 90.94 feet; thence northeasterly 272.12 feet to a point on the northeasterly Tine situated 90.94 feet southeasterly of the p.o.b.; thence northwesterly along said northeasterly 1• ;boundary 90.94 feet to p.o.b. PARCEL II _ •:, 1 ,, r i t l • Thal portion of Tract 16, Fostoria Gar,- r den Tracts, according to plat thereof re. ; corded in Volume 9 of Plats, page 95, rec. ordsof King County, Washington described as follows: Beginning at the most westerly corner • of said Tract 16, thence South 4r12' East along the southwesterly line of said Tract 16, a distance of 175.31 feet; thence South 6r43' East along the southwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning of this descrip• Lion; thence South 67'43' East 82.11 feet to the most southerly corner of said Tract 16; thence North 4017' East along the southeasterly line of said Tract 16 a dis• Lance of 297.73 feet; thence North 49'43' 'West parallel with the northeasterly line ; of said Tract 16 a distance 137.29 feet to a point which bears North 30'00' East from the true point of beginning; thence South 30'00' West 327.77 feet to the true point of ' beginning. All interested persons may appear and I 0f be heard. RICHARD G. Secretary • Tukwila Planning Commission Published in the Highline Times 4 and 11 October 1972. nu ,nw,ca,cu Vt,auua may aVVCa, anu be heard. RICHARD G. KIRSOP, Secretary Tukwila Planning Commission Published in the Highline Times 4 and '11 October 1972. 7;1' ,1 v/771 V 2.2 STATE OF WASHINGTON COUNTY OF KING That the annexed is a true 1.3. 723 No SS. -• ,.-' • \ \o• .4 7 • \\:/ 47,1„7 ‘.../ • tLi. IL I ■ , being first duly tra'a, on oath deposes and says: Thata is the of THE HIGHLINE TIMES, a weokly newspaper which is net./ and et ; times herein mentioned has been published and printed in an ()Mee trained • at the place of publication at Burien, King County, Washington; t'r: by order of the Superior Court of the State of Washington in and for County, said newspaper is now and at all times mentioned herein has bus approved as a legal newspaper for the publication of any advertisemr4 notice, summons, report, proceedings, or other official document require by law to be published; that said newspaper was pubiished least once each week, in the English language, as a newspaper of gener. circulation in Burien, King County, Washington, at the time of appl cation to the aforementioned Superior Court for approval as a legal paper, and was so published for at least six months prior to the date of :Lai application, and is now and at all times mentioned herein has been : published. L • copy of a as it was published in regular issues of said,newspaper once each week 0:1/3 a period of consecutive weeks, commenciti on the '—.'"'" day of , 19 f— and endin both daft ....;...... ...c.Nt'L :DUI- •-.:0 on the day of 19 — inclusive, and that said newspaper was regularly distributed to its set scribers and as a newspaper of general circulation during alt of said parle4 That the full amount of the fce chargcd for the foregoing publication I the sum of $' which amount has been paid in full, at the rat of per hundred words for the first insertion and $2.40 per hundre words for each subsequent insertion. ( /, Subscribed and sworn to before me this of • 19 72 Notary Public in and for the State of Wash- ington, residing at Scatt da • PUE:L.:',: !!')"1".C12.5 !", ' - 7 ' A. 7 : ; ./ VIA!,ht;..GTON / op.ww;cc N:0 • Old.)1=2. CNRTAIN PMPSRTY V:•. R-1 as:: Co N-1 ZO:1ING WITNIN THE CIT: OP Ihi;;JJZ, The owner:: of the follcwing described property have pctitionte the Planning Commission requesting re-classification of said property from R-1 zoning to M-1 toning in conformity with the comprehensive plan, and WHLRLA3, Public hearings on said petition were held 'oefore the Planning Commission of the City of Tukwila, and the City Council haviag received a favorable r,:comr:endation from the Planning Comics:on wit% respect to the ufore,mentioned petition; and Wg:REAG, The City Ceencil finds the requested classi- fication to be in furtherance of nut public health, safety and general welfare, Twx11.:Fo: „ncil sf the City of Tukwila, Washington, do or a« folln,:s: That the following eedcrLs, roal property is hereey classified as X-1 in accordance with Ordinance o. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classification for the real property described aa set forth in Lxhbit A attached hereto, subject to the following conditions: 1. Processes and equipment employed and good:: processed or cold shall he limite to those which arc not o:J:;ectionable beyond the boa«daries of the district by reason o: offensive odor.,, dust, smoke or gas. 2. Waste disposal th«l: 4 a ::.,thod or netheds approved by the Puget So ,, nL. Control Agency, or any ot:,er l.«dy raving jurisdiction thereovez. 3. No use shall ba :e ,:: tud sits in industrial noise ace :.r ..co. ,enaured at the outer boundary of t; ":s 4. Necessary public rihts-of-,«: dedicated to the puhlie .2ither u. - portion of • plat or upon «cceptanee of street dedication by the City Council. 5. Co protect the .7.1Juttl:. u protective strip el txzarnal boundaries and alon.: e,. ri of-way and devote:: t« cultivation, growing, and mainte; -- of :2.ght-C.'..c.:::ing trees, shrubs and plant lif, eat..',1:shed «nd maintained. T'ne ;t1r«,t,-, of such protective .strips and L'4.: ia«.:acaping of the site may be bonded td _ .. city re«sonable amount if require.: by the c_:y Coto :: :n lieu of such protective strip, circum- stances, there may be '''c'- tion of the outer marg_n of tai. e.;nsintent with or not objectionable to the one classification of the peripheral urea. 6. Outdoor storage oe ehscured by an approved erchitectLrol specified on the plat plan «nd -??rb by the Planning Commission. 7. A plot and huildih•; p:.:n ::howing co7:.pliance with the provisions here -a :.:at-d _nd cennzent with the amenities of the land u., dcli. Oct filed with the Planning Departreat an, tha building per- 1taiti shall cenyly win:, chit approved 1 : t S. Structures shall not enceed thirty-five feet in height and/or three sto exa,pt that when the site exceeds five acre-, the 1,.i;;;: may be raised one additional story cur ezIch additional two and one-half acre,. with;:. the :«Lze area hound- erica when specifically by tee Council upon recommendation of tic.. llanning Commission. 9. Outdoor storage shall not eixaed twenty feet in height, and shall be n..... :rox abutting public streets and from ndDn7en: •reerties. Such screens shall ba a minime.J, on ei.Int feet high, and not less than'aixty percent of the height of the material stored. 10. the minimum setback from al: • ub:icly used rights-of-way &hall be adequate to provide a park-like atmosphere, and at leaf,t fifty feet. to he •leArly net out Se. ,'11 rlot and Material 10. The minimum setbact from all publicly used riehts-of-ww! . .01 be anxplabe to provide a park-like atmosphere, and at 1,ast fifty feet. Thu t..rlwo to be eloarly oat in the plat sad building plan and upon tbe buile.sg permit applica- tion when fil,d. 11. Off parkino shall be proviccd ab La Chapter 16.56, Tukwila Nuaiciptl Code. 12. .1 solid torten platting ana/or decorative ohncuring fence aix feat aigh shell he prclideo along the boundarien of the use district, except at streets, where landscape or treatment shall be as described in 115 hereunder. 13. A setback of fifteen feet, landscaped, shall he provided on the street or public way frontages; this setback to he measured :rot the minim= build- ing setback line, where no front yard is otherwise required. • 14. Ostsiac ntorage shall costly with C-:; requirements except that. ncrecniag shall consist of a decorative obscuring fonce and/Cr a osLid screen planting of evergredns. In areas jacent to residential urea, no outside storage shall be permitted. 15. Utility CAr,,U and areas between property linos Lid curbing ;hail be landscaped and/or treated with dust and erosion control planting or surfacing ,A1Ch AU low growing evergreens, ground COVia, nhrubs, washed stream rocks, or a combine of similar vulterials. 14. betailed plant; for land and screening shall he submitted with plead aor beileIng and site isprOvemente and Ito cc:Vtific.ie of occupancy shall not be it oil prior to installation of land- scaping and ncruening. 17. The use will not be unduly detritontal to • adjacent and/or surrounding properties. The City Clerk is directed to file a copy of this Ordinance and map with the County Auditor. PASSED BY TUE CITY COUNCIL and approved by the Mayor this A0}1 day of November, 1972. Approved as to Form: • / city Attorney Pubiisheds M - 004 . EXHIBIT A Attest: Mayor. / . 171.1.crA PARCEL All of Tract 15, Postoria Garden Tracts. together with that portion of Tract 14, described an follows: Beginning at the most northerly corner of Tract 14; thence southwesterly along Slit northwesterly boundary of said Tract 14 a distance. of 272.12 :sat; thence southeasterly along a line parallel with the northeasterly boundary of said Tract (S. 134th Street), a distance of 90.94 feet; thence northeasterly 272.12 feet to a point on the north- easterly line situated 90.94 feet southeasterly of the p.o.b.; thence northwesterly along said northeasterly boundary 00.94 feet to p.o.b. PARCEL II That portion of Tract 16, rosteria Carden Tracts, according to plat thereof recorded in Vollio 9 of Plats, page 95, records of King County, Washington, described as follows: Beginning at the :40.;t westerly seiner of said Tract 16, • thence South 47'12 Eaat *long .he southwesterly line of said Tract 16, a distance of 175.31 feet; thence South 67°43' Sant along theseuthwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning; thence South C7'43' bast 62.11 fest to the most southerly corner of said Tract 16; thence North 4017' East along the southeasterly line of said Tract 16 a distance of 297.73 feet; thence North 49.43' Ihst pLrallel with the northeasterly line of said Tract 16 a dis:Lsco of 137.29 feet to it point which bears North 3060' Es. from the true point of beginning; thence South 30 Went 327.77 feat to the true point of beginning. • Dear Sir: NWG: ss Attach. cc: Nageness Frank Zepp Street Superintendent 14475 - 59th Ave. South Tukwila, Washington 98067 • Reference is made to your request to connect to the State's existing store drainage 'system by placing a culvert pipe under sn existing city street in the vicinity S. 133rd Street to alleviate drainage problems in the area. . September 28, 1971 As I verbally informed you, your proposal is occeptable provided 'that the pipe placed under the city street is iii" in diameter with catch basins at the inlet,and an intermediate point as you discussed with me, and that the pipes be placed on a grade such that the State could: continue it down its'existing ditch lino at some time in the,future should we wish to do so. A copy of the sketch furnished with your request is attached. . If you have any further questions regarding this matter please contact.me.. City of Tukwila CS 1759 SR 99 Foster interchange Very truly yours, E. 1. ROBERTS District Engineer NUtITLY W. GRANT District State Aid En ti • • • • • OITT PORN NO. 1 NM AOOPTIO aT NMUION Of MUNICIPAL CORPORATIONO. Received o. TUKWILA, WASH -0 n tee, CITY TR SURER'S RECEIPT No. 7972 1972- (z te.. �L�L. L. ri _ o °,io O FOR , DEPUTY TRICK O MURRAY 3 Alpo Original White - Duplicate Pink - Triplicate Canary r I , .,�? ; ) ) i ' 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 niy knowledge and belief. AFFIDAVIT (City) S3.gnat .= of Con ract Purchaser or owner) Mailing Address) (State PROPOSED RESTRICTIVE COVENANT FOR I -5 BUSINESS PARK AN INDUSTRIAL PARK WITH OFFICE BUILDING USE: I -5 Development Company a Washington proprietorship grant to Grantee That certain real property situate in the City of Tukwila, County of King, State of Washington, described as follows: I -5 Business Park. Portion of tract 14, all of tracts 15, 16, and 17. Fostoria Garden Tracts, as recorded in Vol. 9, page 95, record of plats, King County, Washington. The Grantor further reserves the right to file with the proper authorities of the City of Tukwila, and the County Clerk, County of King, Washington, a Plot Plan including the property described in this deed, together with other property, and the Grantees by the acceptance of this deed agree to execute any and all doc- uments or maps requires to be executed to accomplish this purpose. The Grantees of the property described in this deed by the acceptance of the delivery of said deed agree to be bound by the Protective Restrictions and Covenants set forth below. The Grantor, hereinafter called the Declarant, here- by declares that the above described property is held and shall be leased, occupied, used, hypothecated, and held subject to the following restrictions, covenants, and agreements between the Declarant and the Grantees and Lessees, users, heirs, successors and assigns. Tenants: The property shall be leased, used or occupied by only citizens, corporations, trusts, associations, foundations, or agencies of the United States of America. Building Setbacks: All buildings erec ted upon the hereinabove described property shall not be nearer than line of any streets from the right of way line of any streets provided, however, that fencing may be constructed to within line of any streets of the right of way line. Signs: No billboard, sign, or other advertisirg device of any character shall be erected, pasted, posted, painted, displayed, or permitted upon any part of the herein described real property, except with the written approval of the Declarants. -1- Painting: No building shall be painted, repainted, sutccoed, or be surfaced with any material uitil and unless Declarants approve the color and /or material in writing. Site Coverage: No building shall be erected upon the hereinabove described parcel which occupies an area in excess of fifty (50) per cent of the parcel upon which it is located. Off Street Parking: The Purchasers or users of the herein described property shall provide for an on -site paved parking area of sufficient size to allow for automobile parking for all employees and visitors. Off - street parking shall be provided on the property sufficient for the automobiles of the executives, employees and customers and other vehicles used in the conduct of the business, provided that in no case shall the auto- mobile parking area be less than three hundred (300) square feet of parking area and driveways for each one thousand (1, 000) square feet of total building floor area, exclus- ive of carports, garages, canopies, roof projections, docks or porches. All owners, lessees, tenants, or users of 'the hereinabove described parcel will not knowingly allow any employee or visitor to park automobiles along the street areas adjoining said property. Buildings and structures shall be designed and placed upon the lot so that motor vehicles of maximum length permitted by the State of Washington at the time of construction of said building or structure may be loaded or unloaded off the street; provided further that no truck loading door or loading dock on the side of a building facing a street shall be nearer than sixty (130) feet from the property line permitted in these covenants. Landscaping: The portion of the hereinabove described parcel located between the building face and the curb sidewalk or public highway line which is not occupied by walks or parking areas constructed in accordance with plans approved by Declarants must be landscaped with lawn, shrubbery, trees, bushes, vines, or suitable planting, detailed plans of which must be approved in writing by Declarants. All automobiles and truck parking and /or loading areas shall be adequately screened from the road or roads on which the property faces by the construction and proper maintenance of a suitable fence or planting screen. All lessees, tenants, or users of any parcel must maintain such landscaping in a condition so as to present a pleasing appearance. -2- Waste Materials: No waste materials or refuse shall be dumped upon or permitted to remain upon any part of said property outside of the building proper. Funes and Odors: Owners, Lessees, Tenants, or Users shall in the use of said parcel prevent the escape from said parcel of all fumes, odors, and other substances which are offensive or which constitute a nusance, or interfere with the use of surrounding property. Overhead Wires: All electrical and telephone connections and wires to buildings facing on streets or highways shall be made underground from the nearest pole line, and any transformer required shall not be located on any pole line, but shall be placed on or below the surface of the land, and where placed on the surface shall be adequately screened and fenced, and all such installations shall be subject to the Declarants' approval. Material Storage: No materials, supplies, equipment, finished products or semi - finished products, raw materials or articles of any nature shall be stored or permitted to remain on any part of any parcel outside of the buildings constructed thereon, except with the written consent of the Declarants. Uses Permitted: No uses shall be permitted in,An, or under any parcel in the subject property which is not now allowed in a M -1 district as established by the Zoning Ordinance of the City of Tukwila. Temporary Structure: No structure, covering, garage, barn, or other outbuilding of a temporary nature shall be siituated, erected or maintained on any parcel on the subject property. This shall not apply to construction buildings and /or storage facilities used during the course of construction of any permanent building which is to be located on the subject property. Fences: No hedge, fence, or wall shall be grown, constructed or maintained on that portion of any parcel within the front or side line setback areas that exceed s five (5) feet in height across the front of the fuilding site, nor that exceeds eight (8) feet in height across that portion of any side or rear line behind the front setback area. -3- Construction and Alterations No buildings, fence's, landscaping, .wall structure or alterations shall be commenced unless complete plans and specifications therefor, showing the nature, kind, shape, size construction materials, color scheme and the location of such structure or alteration, and when requested any grading plans, shall be first sub- mitted to and approved in writing by Declarants. The Declarants shall have the right to refuse to approve any such plans or specifications, grading plans, material , or color scheme that is not suitable or desirable, in their opinion, for esthetic or other reasons. When the erection of any building is once begun, work thereon must be prosecuted diligently and it Must be completed within a reasonable time, excepting disputes, rules or regulations beyond the control of the Grantees or their agents. Every building or other structure placed on any part of said property shall be con- structed from new material. No building or structure shall be erected, constructed, altered, placed upon or be permitted to remain upon said property which has exterior walls of sheet or corrugated aluminum, iron, steel, asbestos, or similar material, except as approved in writing by the Declarants, and the exterior walls of all such buildings or structures shall be of fireproof material. Buildings within twenty (20) feet of any side or rear property line shall conform to fire insurance underwriters' requirements for four (4) hour firewall construction. Resubdivision : The property shall not be resubdivided until a plan for such proposed resub- division shall have been submitted to and approved by Declarants in writing.' Extension of Covenants : The Declarants reserve the right to extend the provisions olf these covenants or such part of them as may be applicable to other property owned by the Declarant and adjacent to this property, and the Grantees agree to be bound by such extension. Duration of Restrictions: All of the covenants, agreements, restrictions and conditions herein contained shall continue and remain in full force and effect until December 31, 1995, and shall as then in force be continued automatically and without further notice from that time for a period of ten (10) years, and thereafter for successive ten (10) year periods, unless within the six (6) months prior to the expiration of any ten (10) year period thereafter a proper' written agreement executed by the then recorded owners of more than two -• thirds in area of the subject property and of such additional property to which the Duration of Restrictions: (Continued from page 4) Declarant may extend these covenants and restrictions, exclusive of streets, parks, parkways, and other public or quasi- public, areas be placed of record in the office of the County Clerk, County of King, State of Washington, by the terms of which agreement any of said covenants, agreements, restrictions, conditions and changes are changed, modified or extinguished. Subordinations: • All restrictions, covenants, agreements and other provisions herein contained ( shall be deemed subject to and subordinate to all mortgages, and /or deeds of trust now or hereinafter executed covering real property located on any portion of the subject property, and none of said restrictions, conditions agreements, or other provisions shall supersiede or in any way reduce the security or affect the validity of any such mort- gage or deed of trust, but it is distinctly understood and agreed that if any portion of said property is sold under foreclosusure of any mortgage or under the provisions of any deed of trust, any purchaser at such sales, or its successors or assigns, shall hold any and all property so purchased and subject to all of the restrictions, covenants, agreements, a nd other provisions of this declaration. `" Right to Assign: Any or all of the rights, titles, and estates given to or reserved by Declarant herein contained may be assigned in whole or in part to any person or corporation, and w henever Declarantis herein referred to, such references shall be deemed to include its successors in interest. If for any reason Declarant cannot act after a twenty (20) day period, then the record owners of other property now owned by Declarant and ad- jacent to the hereinabove described property and subject to these or substantially- similar covenants hereinafter for brevity called "Said property," may blect three (3) of their number to act as a committee, and said committee shall have all of the rights, titles, . and estates given to or reserved by Declarant. Right to Rescind: The Declarant reserves the right, by and with the consent of the Grantees, ( successors and assigns, to amend or change these convenants in any manner, 2 including the right to totally rescind said covenants, any right heretofore acquired by any other party to enforce said covenants notwithstanding. • -5- Violation: Violation or breech of any of the conditions, covenants, restrictions, or reservations herein contained shall give to Declarant and /or any . owner or owners of lots of building sites in "Said property" the right to enter upon the hereinabove described property upon or as to which such violation or breech exists, and to abate and remove at the expense of the owner thereof any structure, thing, or condition that may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of the covenants, conditions, rest- rictions, and reservations, to prevent or enjoin them from so doing, to cause said violation to be remedied or to recover damages for said violation. The result of every act or omission whereby any conditions, covenants, rest- rictions, or reservations herein contained is violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against an owner, either public or private, shall be applicable against every such result and may be exercised by Declarant, or the owner or owners of any lot, building site, or portion of "Said property." In any legal or equitable proceeding for the enforce- ment or to restrain the violation of this Declaration or any provisions thereof, the los- ing party or parties shall pay the attorneys' fees of the winning party or parties in such amount as may be fixed by the Court in such proceeding. Such remedies shall be deemed cumulative and not exclusive. Validity: All of the restrictions, covenants, and reservations contained in this Declarat- ion shall be construed together, but if it shall at any time be held that any one of said restrictions, covenants, or reservations is invalid, or for any reason becomes unenforce- able, no other restriction, condition, covenant, or reservation, or any part thereat shall be thereby affected or impaired. Headings: The headings and phrases as to the contents of particular sections are inserted only as a matter of convenience and for reference and in no way are, or are they intended to be a part of this Declaration or i n any way to define, limit, or describe the scope or intent of the particular paragraph in which they refer. • Whenever required by the context, the singular number shall include the plural number, and the masculine gender shall include the feminine and neuter genders. -6- IN WITNESS WHEREOF, the Declarant has executed its name this I -5 DEVELOPMENT PARK By By day of 1972. . LEGEND DAVID . JENSE ASSOCIATES CLTY6TOWN PLANNERS • LANDSCAPE. ARCHITECTS 975 JOHN STREET . SEATTLE.WASHING1ON.MA4 -2054 A PROPOSED FLEXIBLE RULER