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HomeMy WebLinkAbout1981 - Ord 1231 - P&L Company / Rezone Upper 6300 Parking Lot - 8110010600CITY of TUKWILA WASHINGTON ORDINANCE NO. /°Z 3 I AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, RECLASSIFYING CERTAIN LANDS FROM R -3 TO C -1, AS DESCRIBED IN PLANNING DEPARTMENT MASTER FILE NO. 81 -21 -R. WHEREAS, on June 8, 1981, P L Company, a Washington pp General Partnership, filed a petition to have certain property in which it had a substantial beneficial interest, reclassified from the residential -three and four family dwellings (R -3) zone to neighborhood retail stores (C -1) zone as provided under the zoning laws of the City of Tukwila; and WHEREAS, said petition was processed by the Planning Depart- ment of the City of Tukwila under File No. 81 -21 -R; and WHEREAS, the Planning Commission of the City of Tukwila held a public hearing to consider the reclassification petition on June 25, 1981; and WHEREAS, as a result of information presented at the June 25, 1981 public meeting, the Planning Commission continued the hearing to July 23, 1981 in order to prepare certain restrictions and conditions on said property to be acquired of petitioners as a condition of the granting of the reclassification petition; and WHEREAS, the Planning Commission approved the granting of the reclassification, subject to the terms and conditions of a "Property Use and Development Agreement" to be executed by petitioners; and WHEREAS, the City Council has reviewed File 81 -21 -R, has heard the petitioners and their representatives present data at two meetings of the Council, and has considered the recommendation of the Planning Commission and the recommendation of the Planning Department, NOW, THEREFORE, the City Council of the City of Tukwila, Washington, does ordain as follows: Section 1. The real property which is the subject of this ordinance is described in the attached legal description (Exhibit A) and is shown on the attached vicinity map (Exhibit B.) fact: Section 2. The City Council makes the following findings of a. The real property, which is the subject of this rezone request and described in Exhibit A, is currently classified residential -three and four family dwellings (R -3). b. The proposed zoning classification of neighborhood retail stores (C -1) is generally consistent with the map of the comprehensive plan, as amended. c. The proposed rezone is consistent with the policies of O the comprehensive plan providing for office development as buffer zones between residential areas and commercial O areas, providing that certain conditions and limitations CO are placed on use of the property. d. The proposed rezone, subject to the terms and conditions c0 contained herein, is in the interest of the public health, safety and general welfare. Section 3. Based on these findings of fact, the Council makes the following conclusions and conditions relating to and re- stricting the subject real property. a. The City and the petitioner shall execute a "Property Use and Development Agreement" substantially the same as the agreement attached to this ordinance as Exhibit C. b. The petitioners and other affected property owners shall execute a "reciprocal easement" in the form of such easement attached to this ordinance as Exhibit D. c. Terms and conditions of the Property Use and Development Agreement dated 9/4/81 from P L Company in favor of the City of Tukwila shall be binding on the subject real property, regardless of any change in zoning classification. Section 4. The official zoning map of the City of Tukwila, adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes of the zoning reclassification action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and exhibits with the King County Department of Records and Elections. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this day of „t.,A 1981. t App oved as to Ci y Attorney, LawAncb E. Hard Published Record Chronicle avor ATTEST: `Cit Clerk September 20, 1981 TOGETHER WITH: TOGETHER WITH: REAL PROPERTY DESCRIPTION Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North fror:: Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. Road and utility easement granted by James S. Huntington and Helen Diane Huntington to Lessor recorded under King County Division of Records and Elections No.7910240948 as amended amendment recorded under No. 7910180588 EXHIBIT A THE MITHUN ASSOCIATES r i ce' rr.: -ir E "CTS PIANNEPS 247 112TH AVENUE N E cE_E'lUc W 9a�4 206 454 3344 A iZet Z cuRP NT ZONE: R=5 "01i P{2 7 ZONE G 'I 0 0 0 0 SWUM r 3OUTHCE 4TER PROPERTY USE AND DEVELOPMENT AGREEMENT EXHIBIT C ORDINANCE /23 TUKWILA Y HALL 1 1: (:1 3.17 .—Ra TUKWILA PARKWAY VICIN1TYf 11i SUBJECT PROPERTYt ASS- EXHIBIT M.F. PLANNING DEPT ANDOVER INDL TRIAL PA TOGETHER WITH: TOGETHER WITH: EXHIBIT A to Reciprocal Easement Agreement Dated: /j1¢f -/O. ,/F/ Between: Lee P &L Company That portion of the WM. H. Gilliam Donation Claim No. 40, Township 23 North, Range 4 East, W.M., described as follows: Beginning 1336.78 feet West and 1501.50 feet North of the Southeast corner of Section 23, Township 23 North, Range 4 East, W.M.; thence East 250 feet; thence South 325.50 feet to North line of County Road No. 622; thence Westerly along said North line to a point South of beginning; thence North to beginning; EXCEPT por- tion conveyed to King County for Renton -Three Tree Point County Road by deed recorded in volume 1505 of deeds, page 486, under Auditor's File No. 2685209, records of said county. (Consisting of 101,155 square feet, more or less.) All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Dona- tion Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. Road and utility easement granted by James S. Hunting- ton and Helen Diane Huntington to Lessor recorded under King County Division of Records and Elections No,. 7910240948 as amended amendment re- corded under No. 7910180588 073081/2/0122R EXHIBIT B to RECIPROCA EASEMENT AGREEMENT Dated: ,4 S7 pf 7 Between: Lee P &L Company Lot 17, Interurban Addition to Seattle, according to Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying north of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. EXHIBIT C ORDINANCE 1.231 PROPERTY USE AND DEVELOPMENT AGREEMENT THIS INSTRUMENT, executed this date in favor of the City of Tukwila, a municipal corporation (herein called "City by the undersigned owners of the within described property (herein called "Owners O O W I T N E S S E T H: O O CD WHEREAS, Owners are persons owning the fee simple and /or aD having a substantial beneficial interest in the following described real property (herein called the "Property Lot 17, Interurban Addition to Seattle, according to the Plat recorded in Volume 10 of Plats, Page 55, in King County, Washington. Except that portion lying North of line described as follows: Beginning at a point on West line 210 feet North from Southwest corner, thence North 89° 47' East 630 feet more or less to intersection of West line of 65th Avenue South and except portion conveyed to the City of Tukwila by deed recorded under Auditor's File No. 7108120423. TOGETHER WITH: All of Lessor's right, title and interest in and to that portion of Macadam Road, as located by King County Survey, No. 639 "a lying Westerly of a line perpendicular to the Northwesterly margin of said Macadam Road at its intersection with the Westerly line of that portion of the William H. Gilliam Donation Claim No. 40, in Township 23 North, Range 4 East, W.M., as conveyed to H. Wayne Anderson and Ardeth Anderson, his wife, by deed recorded under Auditor's File No. 5845225, and lying North of the Northerly margin of the Renton -Three Tree Point Road No. 2649. TOGETHER WITH: Road and utility easement granted by James S. Huntington and Helen Diane Huntington to Lessor recorded under King County Division of Records and Elections No. /o ,94 4%', as amended amendment recorde under No./ c^ IR PROPERTY USE AND DEVELOPMENT AGREEMENT Page 1 5398A/221A/LEH and, WHEREAS, a petition (Tukwila Master File No. 81 -21 -R) was filed on June 8, 1981, with the City to reclassify the Property from the Residential- -Three and Four Family Dwellings density zone (R -3), to Neighborhood Retail Business density zone (C -1) pursuant to the provisions of the Zoning Regulations of the CD CD Tukwila Municipal Code, Title 18; and, CD WHEREAS, the City of Tukwila Planning Commission CD recommended to the City Council that the granted y petition be ranted subject to the execution and recording of an agreement with the op City pertaining to certain uses and development of the Property in order to ameliorate the adverse impact of unrestricted use and development in a C -1 Zone; NOW, THEREFORE, Owners hereby covenant, bargain and agree that if the Property is reclassified to the C -1 zone: Limitations As to Use. 1. The above described Property shall be used for the construction, operation, and maintenance of a single office building, as shown by plans and drawings submitted with owners' application No. 81 -21 -R to the City of Tukwila, as those plans may be modified by the Board of Architectural Review, as herein provided. 2. The single office building shall be used for office purposes, which may include related non retail services uses customarily incident to office uses. 3. The office building is intended to operate primarily during weekday business hours. Utilization of "Site Development Plans 4. Site Development Plans shall be subject to review and approval of the City of Tukwila Planning Commission, PROPERTY USE AND DEVELOPMENT AGREEMENT Page 2 5398A/221A/LEH sitting as a Board of Architectural Review (BAR). Architectural review will inculde, but not be limited to: (a) Building height shall not exceed two stories. (b) Setbacks and width of formal landscaping areas shall be as depicted on Exhibit B, of application 81 -21 -R. A 20 -foot setback will be landscaped and main- tained on the north and west Property boundaries. The landscaping shall be designed, placed and maintained to provide a barrier at 64th Avenue South. (c) A comprehensive native tree inventory of the site shall be prepared by the applicant and submitted to the BAR. Site development shall provide for the saving of Q as many trees of good health and significant size as ap- CDD propriate and as approved by the BAR. CD (d) Exhibits K, L, M, N, P presented at the CD CD Planning Commission Public Hearing on July 23, 1981, are attached hereto. Exhibits L, N P are hereby modified by Exhibit M to reflect deletion of roof mounted mechanic equipment and first floor finished elevation of 95.0'.4:4:) Limitations as to Access. 5. There shall be no entrance or exit between the Property and 64th Avenue South, which shall remain a dead -end street for use only by the adjoining residential area. 6. Primary access from the Property shall be through the real property owned by Robert E. Lee and Evelyn Lee, a /k /a Evelyn T. Lee (hereinafter "Lee Property described below, to Southcenter Boulevard, and shall be protected by the recording of an easement for ingress and egress over and across the Lee Property to the extent of owner's interest, in favor of the Property. The Lee Property is located on King County, Washington, and is legally described as follows: That portion of the Wm. E. Gilliam Donation Claim No. 40, Township 33 North, Range 4 East, W.M., described as follows: Beginning 1336.78 feet West and 1501.50 feet North of the Southeast corner of Section 23, Township 23 North, Range 4 East, W.M.; thence East 250 feet; thence South 325.50 feet to North line of County Road No. 622; thence Westerly along said North line to a point South of beginning; thence North to beginning, EXCEPT portion conveyed to King County for Renton -Three PROPERTY USE AND DEVELOPMENT AGREEMENT Page 3 '5398A/221A/LEH PROPERTY USE AND DEVELOPMENT AGREEMENT Page 4 5398A/221A/LEH Tree Point County Road by deed recorded in volume 1505 of deeds, page 486, under Auditor's File No. 2685209, records of said county. (Consisting of 101,155 square feet, more or less.) Construction Activities. 7. Owners shall require their contractors to take all reasonable steps to ensure that construction activity is confined to normal working hours, equipment is muffled to reduce noise, and dust control measures are followed. General Conditions. 8. This Agreement shall be recorded in the records of King County and the covenants hereof shall be deemed to attach to and run with the Property and shall be binding upon the Owners, their heirs, successors and assigns, and shall apply to after- acquired title of the Owners of the Property. 9. This Agreement may be amended or modified by written agreement between the Owners and the City or their successors and assigns; provided, such amended agreement shall be approved by the legislative authority of the City by ordinance and only after written notice to property owners within 300 feet of the site and after a hearing before the City of Tukwila Planning Commission. Nothing in this Agreement shall prevent the City Council from making such further amendments to the Zoning Ordinance as it may deem necessary in the public interest. Nothing in this Agreement is intended to authorize any use or dimension not otherwise permitted in the C -1 Zone. 10. This Agreement is made for the benefit of the City and for the benefit of owners of property within 300 feet of the Property, and either the City or any such property owner may institute and prosecute any proceeding at law or in equity to enforce this Agreement. If such an action is brought by the STATE OF WASHINGTON COUNTY OF PROPERTY USE AND DEVELOPMENT AGREEMENT Page 5 5398A/221A/LEH City, Owners agree to pay any costs and reasonable attorney's fees incurred by the City arising out of such action. 11. It is further expressly agreed that in the event any covenant or condition or restriction hereinabove contained or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition, lr restriction hereinabove contained. ss. 1981. P L COMPANY, a Washington part ship By GIV N NDER MY HAND AND OFFICIAL SEAL this of 1981. seph W. L ch eral Papt er C'j PGthr-i--cLcr->-Th Robert L. Paterson, General Partner On this date, before me, the undersigned, personally appeared JOSEPH W. LYNCH and ROBERT L. PATERSON, to me known to be General Partners of P L COMPANY, the Washington partnership that executed the within and foregoing PROPERTY USE AND DEVELOPMENT AGREEMENT and acknowledged said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument. day Notary Publi-c in and for th State of Washington, residing at r n: T r ttEYA. gYollrlso __..tN Oft 4EVXjL =T/ a s.v wu:a►S ,3 w 0 1 I UU I UbUU 1 J 1097' Pi V leenhD 1 i a 4 i.o1 A or + BELLEVUE. WASHINGTON PLANNING DEPT EXHIBIT K 81 -R A9004 454 3344 .1 iSection 8-8 Li Section A-A 8110010600 r iSection C riC1 621,0•T PROJECT ER P&L 'COMPANY M. F 4.6.• drt.irrt „%8:110 /LIR PC• 4 S G7i.J. J1-40104.0tirl4.,..-v.44 ;..„"t .v..; -4 *Pt X Pli\NNING DEPT EXVAIBIT _tk (?4T ME u 14Xl y fo o toe „,0 6006 T�OriNb ri1t ,zo ■,,Na- 1? v tai 1 at t r I j l( c T 1 J yx ma t o -,UYH SITE SECTION 7 2000 11210 AVENOE 112 rdif. oV Ivo eTMr .rg,:ir E. 10 ,>s PL ANNING D EPT EXNI8IT __ft\ 21-14` 454 534.4 W y tHG1O A800 Weld i l a�""� awl i 170 142,0 4.4 wet „v CO EXHIBIT D ORDINANCE /..23/ RECIPROCAL EASEMENT AGREEMENT This Reciprocal Easement Agreement is made and entered into this /0 day of Aac 7 1981, by and between ROBERT E. LEE and EVELYN LEE, also known as Evelyn T. Lee, husband and wife (herein collectively referred to as "Lee and P &L COM- PANY, a Washington partnership, composed of Joseph W. Lynch and Robert L. Paterson. Lee owns, in fee simple, and has leased to P &L Company, certain real property located in King County, Washington, described in Exhibit A attached hereto and by this reference CD incorporated herein "Lee Property CD CD P &L Company has contracted, by Earnest Money Receipt Agreement dated February, 1981, to purchase certain real prop- CD erty located in King County, Washington, adjoining the Lee CD Property described in Exhibit B attached hereto and by this reference incorporated herein "P &L Property In consideration of the mutual benefits and promises con- tained herein, 1. Lee hereby grants and conveys unto P &L Company a perpetual non exclusive easement to use the Lee Property for the installation, operation and maintenance of underground and overhead utilities, including without limitation thereto, storm sewers, and for pedestrian and vehicular ingress and egress to and from, the P &L Property, and over and across the P &L Prop- erty to South Center Boulevard. 2. P &L Company hereby accepts and reserves said easement, as Lessee of the real property described in Exhibit A, for the benefit of the real property described in Exhibit B. Upon P &L's acquisition of the fee simple interest in the P &L Prop- erty, the easement reserved herein shall not merge, but shall continue and survive said acquisition, to the continuing perpetual and non exclusive benefit of the property described in Exhibit B. 3. P &L Company hereby grants and conveys, to the extent of its present interest and any after acquired interest, an Easement unto Lee for use of the P &L Property for ingress, egress and parking for the benefit of the Lee Property. The parties shall each bear their own expenses of con- structing, reconstructing, operating and maintaining such roads, utility facilities and other improvements as are author- ized by this instrument and are used exclusively by such party. Any expenses relating to any roads, utility facilities or improvements used in common by the parties shall be borne equally. P &L Company, as current Lessee from Lee of the Lee Property, shall, at its own expense, construct and maintain the road on the Lee Property. Upon acquisition of title to the P &L Property, P &L Company shall, at its own expense, construct and maintain roadways and parking areas on the P &L Property accord- ing to P &L's plans and specifications. O O 00 The rights and obligations contained in this Easement shall run with, and benefit and burden the land described on Exhib- its A and B, as well as the owners thereof, to the extent of their present interest and any after acquired interest, and their successors, heirs and assigns. STATE OF WASHINGTON COUNTY OF COUNTY OF STATE OF WASHINGTON ss. ss. Robert E. Lee Evelyn 'e, also known as Evelyn T. Lee P &L COMPANY, a Washington partnership B CA, 4 L�' J'sep 'W. Lynch, G eral Partner By 0 Robert L. Paterson, General Partner On this /0 day of C/ 1981, before me, a Notary Pub3ic in and for the State of Washington, duly com- missioned and sworn, personall/ appeared ROBERT E. LEE, to me known to be the individual who executed the within and fore- going instrument, and acknowledged the said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned. R�IESS my hand and official seal the day and year in this c written. •A NOTARY PUBLIC h and for t 1 State of Washington, residing at 4, 44, On this /04( day of 1981, before me, a Notary Public in and for they/ /State of Washington, duly com- missioned and sworn, personally ✓appeared EVELYN LEE, also known as Evelyn T. Lee, to me known to be the individual who executed the within and foregoing instrument, and acknowledged the said instrument to be her free and voluntary act and deed, for the uses and purposes therein mentioned. -2- 072981/2/0112R CO WITNESS my hand and official seal the day and year in this certkAtpate above written. rfiA` /6 --i n; NOTARY PUBLI\C in/ nd for t State of Washington, rWsiding at e ,c 7 S` r ST'AtW6F WASHINGTON ss. COUNTY OF On this /a6/_, day of C 1981, before me, a Notary Public in and for the�State of Washington, duly com- CD missioned and sworn, personally appeared JOSEPH W. LYNCH, to me CD known to be the partner of P &L Company, Washington -,p p p y, a Washin ton O ship who executed the within and foregoing instrument, and CD acknowledged the said instrument to be his free and voluntary CD act deed, as partner, for the uses and purposes therein mentioned. WT SS my hand and official seal the day and year in this certifts te written. =L� '✓.ems NOITARY PUBLIC in nd for t State, of Washington, in at l spy STATE OF WASHINGTON ss. COUNTY OF On this l0 day of —Gyc c 1981, before me, a Notary Public in and for t}tetate of Washington, duly com- missioned and sworn, personally appeared ROBERT L. PATERSON, to me known to be the partner of P &L Company, a Washington part- nership who executed the within and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act and deed, as partner, for the uses and purposes therein mentioned. WITNESS my hand and official seal the day and year in this certificate above written. /6 NOTARY PUB'LIC\in d for tState of Washington, r iding at -3- 072981/2/0112R =1 NOM in i ■iiiii iu ER mi immi Elplissom NORTH-SOUTH SECTION B -B 0 nr i v EAST ELEVATION 4 F-- I r;; r I SOUTH ELEVATION II II a- NV R k;. 9u10M 0MW M.F A'8 EXHIBIT'__.._. A7 v.