HomeMy WebLinkAbout1981 - Ord 1206 - Rezone Schneider / Nilsen Property - 8103110321
WASHINGTON
ORDINANCE NO. 1206
LYLE SCHNEIDER
GARY NILSEN
AN ORDINANCE RECLASSIFYING CERTAIN LANDS
FROM R-4 TO C-1 WITHIN THE CITY OF TUKWILA
AS DESCRIBED IN PLANNING DEPARTMENT MASTER
FILE NO. 81-2-R
WHEREAS, an application for rezone of real property
from R -4 to C -1 was filed by Lyle Schneider and Gary Nilsen
on January 5, 1981, and;
WHEREAS, pursuant to the State's Environmental
Policy Act of 1971, as amended, a formal Declaration of
Environmental Non Significance was made by the City's
"responsible official" and filed in the Tukwila SEPA Public
Information Center on January 22, 1981, and;
WHEREAS, said application for rezone was the subject
of a public hearing before the City of Tukwila Planning
Commission on January 29, 1981 after notice of said hearing
was duly published as required by law, and;
WHEREAS, after said public hearing, based on the files
and records before it, and upon public testimony presented, the
Planning Commission made a recommendation to grant the rezone
application subject to two conditions, and;
WHEREAS, the City Council has duly considered the
application for rezone, the environmental effect of the
proposed rezone action, and the recommendation of the Planning
Commission;
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 as shown on the attached site map (Exhibit B).
Section 2. After reviewing the documents contained
in Planning Department master file 81 -2 -R, and having heard
the presentation by the applicants for the rezone, the City
C Council makes the following findings of fact:
O A. The real property which is the subject of this
o p rezone request is described in Exhibit A. It is now zoned
R -4.
B. The proposed zoning classification of C -1, as
shown on Exhibit B, is generally consistent with the Comprehensive
Plan except that development of the property or a related
disturbance above the 30 -foot contour level would violate
Objective 3, Policy 1 of the "Natural Environment" section
of the Comprehensive Plan discouraging disturbances of slopes
exceeding twenty percent.
C. The proposed rezone action will not be injurious
to the peace, safety, health or general welfare of the
community.
Section 3. Based on these findings of fact, the City
Council makes the following conclusions and conditions relating
to and restricting the subject real property:
A. The real property shown on Exhibit A is reclassified
to zoning category C -1 as shown on Exbt. B, on the following conditions:
1.. Any development of the real property subject to this
rezone Ordinance shall require board of architectural review
of site, architecture, and landscaping details prior to issuance
of any building permit or related land use permit.
2, The owners of the real property subject to this
no later than 12/31/81
rezone Ordinance must record a deed restriction/ running with
the land providing that no disturbance of existing contour
or vegetation above elevation 30 feet shall occur as a result of
contiguous development activity, except as necessary to maintain
the existing trail system maintained by the City of Tukwila.
Section 4. The zoning map adopted by reference by
Ordinance No. 251 is hereby amended to reflect the changes of
the rezoning action taken in this ordinance.
Section 5. The City Clerk is directed to record a copy
of this ordinance and attachments with King County Department of
Records and Elections.
Section 6. The conditions and restrictions contained
in this Ordinance shall be covenants and restrictions running
with the land and shall be binding on the owners, their heirs,
successors and assigns.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, at a regular meeting thereof this a 4 %0 1 day of
1981.
ATTEST:
App ved s to Form -4-
y Atto'rne3, Carl arison
fj.i er
Published Record Chronicle March 8, 1981
LEGAL DESCRIPTION (
EXCEPT
The easterly 150 feet as measured at right angles to Interurban Ave. of
the following described property.
EXHIBIT A
PARCEL A:
Lots 1, 2 and 3, Block 15, Hillman's Seattle Garden Tracts, according to
plat recorded in Volume 11 of Plats, page 24, in King County, Washington,
M EXCEPT the Northeasterly 40 feet thereof condemned for road purposes in
CD King County Superior Court Cause No. 109001;
C7 PARCEL A -1:
CD
An easement for existing driveway over and across the Southerly 5 feet of
the Easterly 315 feet of Lot 4, Block 15, Hillman's Seattle Garden Tracts,
according to plat recorded in Volume 11 of Plats, page 24, in King County,
Washington
EXCEPT the Northeasterly 40 fee thereof condemned for road purposes in
King County Superior Court Cause No. 109001.
PARCEL B:
The North 250 feet as measured along the West line, of Lot 2, Interurban
Addition to Seattle, according to plat recorded in Volume 10 of Plats,
page 55, in King County, Washington;
EXCEPT that portion of Lot 2, Interurban Addition to Seattle according
to plat recorded in Volume 10 of Plats, page 55, records of King County,
Washington, described as follows:
Beginning at the Northwest corner of said lot;
thence south along the West line of said lot 250.00 feet;
thence north 89 37'52" east 178.40 feet;
thence northwesterly to a point on the north line of said lot which is
north 89 37'52" east a distance of 10.00 feet from the point of beginning;
thence south 89 47' 52" west 10.00 feet to the point of beginning.
0
REZONE SHNEIDER AND NILSEN PROPERTY
R-4 TO C-1
EXHIBIT B
PLAT MAP
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