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HomeMy WebLinkAbout1978 - Ord 1071 - Rezone Park Place Property - 7808230748ORDINANCE NO 1071 SECTION 2C REPEALED BY 1181 SECTION 2G AMENDED BY 1181 PARK PLACE PROPERTY REZONE AN ORDINANCE RECLASSIFYING CERTAIN PROPERTY FROM R-1-12.0 AND R-3 TO R-1-9.6 R-2 R-3 AND R-4 WITHIN THE CITY OF TUKWILA AS CONTAINED IN THE PLANNING DIVISION MASTER FILE NO 78-06-R WHEREAS, A draft environmental impact statement has been distributed to all affected parties and agencies; WHEREAS, Comments have been received on the draft environmental impact statement and a hearing on the draft EIS held at the Planning Commis- sion on 27 April 1978; WHEREAS, A final environmental impact statement has been issued on 7 June 1978 which responds to issues refised during the comment period; WHEREAS, the Planning Commission at their 25 May 1978 regular meetina and after holding a public hearing has recommended approval of the rezone condi- tioned upon fulfillment of eight (8) stipulations; WHEREAS, The City Council has duly considered the environmental impact of the proposed action and the recommendation of the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the property described in the attached legal descrip- tion (Exhibit "A and as shown on the attached site map (Exhibit "B is hereby reclassified to R- 1 -9.6, R -2, R -3, and R -4 as depicted on the man in Exhibit "B Section 2. The rezoning to R- 1 -9.6, R -2, R -3, and R -4 is subject to the following stipulations: a. Each phase of development shall provide the same proportion of open space identified for the overall development, exclusive oc the R -1 district. b. Each phase of development shall not exceed the density,' identified for the overall development, exclusive of the R -1 district. c Full application for Preliminary Plat of the entire R -1 district shall be made prior to issuance of any building permits for structures within the remainder of the 12 -acre site. A final Plat of said R -1 district must be properly recorded prior to issuance of any occupancy permit for any structures on the remainder of the 12 acre site. Ordinance No. 1071 'Page 2 d. Within the R -1 district, the layout of lots and alignment and width of street(s) shall be determined at the time of subdivision review, irrespective of the general layout depicted in the FEIS; provided, however, any street or roadway within the R -1 district shall not provide for vehicular movement from any multiple family structure through the R -1 district. e. All mitigating measures identified by the Final EIS and as required by the Responsible Official shall be assigned to each phase of development. f. Planning Commission review of detailed site, elevation and land- scape plans, to include building and landscape materials, prior to issuance of respective building permit. The express purpose of such review is to ensure each phase or portion of development is in general conformance with the overall development plans in Planning Division File No. MF 78 -06 -R and that each phase or portion of development is complementary to the other phases or portions of development. g. In the event that construction of any proposed structure has not begun within 24 months of the effective date of this reclassification then said reclassification shall revert to the present designations (R -1 -12.0 and R -3) on that portion not platted for single- family residential; provided, however, the City Council may grant a single, 12 -month extension to the time period expressed hereinabove. h. All provisions, conditions and stipulations enumerated herein shall be recorded in the records of the King County Department of Records and all such provisions, conditions and stipulations shall be deemed to be attached to and run with the land and shall be binding upon all heirs, successors and assigns. i Satisfactory preformance by the applicant of terms and conditions substan- tially similar to the concomitant zoning agreement, a copy of which is attached (as Exhibit C.) hereto and by reference incorporated herein. Section 3. The report of the Planning Commission is adopted by reference as though fully set forth herein. Section 4. The zoning map adopted by reference by Ordinance No. 251 is hereby amended to reflect the changes by the rezoning action taken in this ordinance. Section 5. The City Clerk is directed to record a copy of this ordinance and attachments 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 '732 day of A u u s t 1978. App oved as to Form: puty City Attorney ATTEST: Mayor Published: Record Chronicle, August 20, 1978 4/Saa 'Cf CTerk EXHIBIT "A" LEGAL DESCRIPTION OF SITE Lots 9, and 10, Interurban Addition to Seattle, together with vacated right—of—way of former South 152nd Street. 09 9/str aN L9 •-■17"' cL 00 0 t 14 H1.10 oc t in0309t. NNI 1 0 1 011.7 M o-0 7 r 0 1 1 ,04,09 I n 7: 1 1 1 ,•i ,..,,>,/-1- 1 r. 4‘...- WO ,b/oo oz 4 Hi..no .c;■ }-11250Ci 2p.)..M9 115 :1 3- Cl i' 5; N.s7 s;002 .1v/.60 cgQ al.917 CONCOMITANT ZONING AGREEMENT Vegetation Preservation and Replacement EXHIBIT C 1. The developer shall retain all flora located in the R -1 zone north and east of the ridge line between the ridge line and the single- family lots (R -1 zone) and east of buildings 5, 6, and 8, in a natural growth preservation zone, as designated on the site plan. Trees may be selectively cut east of the ridge line in the R -2 zone where necessary for installation of improvements, although efforts shall still be made to preserve vegetation in the R -2 area. 2. To preserve the visual landscape buffer in the R -2 zone at the north edge of the property, the developer shall retain all flora within 20 to 25 feet south of the north edge of the property in the R -2 zone in a natural growth preservation zone, as designated on the site plan. 3. To enhance the visual landscape buffer between the project and the residential area to the north, the developer shall install and 00 maintain in the natural growth preservation zone established pursuant to Or condition 2 above, additional conifers 10 to 12 feet in height when planted, where necessary to improve the landscape buffer. 4. The developer shall, insofar as practicable, retain additional vegetation in other natural growth preservation zones between buildings and other improvements in the R -3 and R -4 areas south of the ridge line. However, the developer may make_ limited cuts, if any, in those zones necessary for the irrstaflation of utilities. These additional natural growth preservation zones shall be designated on the site plan. 5. All natural growth preservation zones established pursuant to the above conditions 1, 2, 3, and 4 shall also be designated on the plat or plats of the property. The developer's restrictive covenants to be recorded shall provide that no owner or resident of the project may cut trees in that zone, except that the home owners' association may authorize cutting or pruning required by death or disease of trees or by a hazard to safety. The covenants shall also require maintenance of vegetation in the zones by the homeowners' association. 6. At the time each phase of the project is submitted to the Planning Commission for review, the developer shall stake all proposed building sites in that phase. The sites shall be inspected by an official from the Department of Community Development. After inspection, the developer shall make minor adjustments where feasible in the building locations in order to preserve as many trees as possible on the site. If conifers 4 inches or greater in diameter, or deciduous trees 12 inches or greater in diameter, measured 2 feet from ground level, must nevertheless be cut in connection with the construction of a building, the developer shall plant new trees on a 1 -for -1 replacement basis. Conifers and deciduous trees shall each be replaced by similar kinds of trees. Conifers when planted shall be from 10 to 12 feet in height. The developer shall include in the restrictive covenants to be recorded a provision for maintenance of all such planted trees by the homeowners' association. Building Heights EXHIBIT C Page 2 7. The developer shall limit the height of all buildings in the R -4 zone to not more than 3 habitable stories. Access and Traffic 8. The City's Public Works Director must approve the road access to the property along 62nd Avenue South, so that access to the project will be compatible with the future design and grade of 62nd Avenue South. 9. The developer shall design access at the southeast corner of the project so that vehicular traffic will be routed south on 62nd Avenue South, despite the low probability of increased traffic along 153rd Street. The City shall install road striping and directional controls to aid the routing of traffic south on 62nd Avenue South. 10. The developer shall participate in either a developer's extension of 62nd Avenue South, or a local improvement district for the improvement of 62nd Avenue South, at the option of the City's Director of Public Works. ildegomeme 3--/4 4,9 AGREEMENT PURSUANT TO CITY OF TUKWILA ORDINANCE #1071 It is agreed between the City and developer that the following items will be complied with at a minimum during the construction phases of the development approved by the City Council in the rezone ordinance #1071. Further requirements consistent with existing city codes and ordinances may be instigated by City departments at such time as the developer submits a building permit. The responsible official reserves all rights to require mitigating measures in conjunction with the relevant laws related to the State Environmental Policy Act at the time of building permit application. o p The developer agrees to the following conditions and to comply with them r- O pursuant to Ordinance #1071: N o p 1. The developer shall design the storm water system to retain storm 03 water to a ten year storm interval with the following objectives t-- built in: a. Oil separators /water quality control b. Ground water recharge c. Controled outlets from ponds d. Outfalls to go into approved systems 2. The developer shall provide a trail connection from 52nd Avenue South to Tukwila Elementary School. 3. All construction, including grading and clearing activities, are to be substan- tially the same as Exhibits I- XII as contained in the Office of Community Development Planning Division Master File #MF- 78 -06 -R. No clearing or grading of the land is to occur until written approvals are received from the responsible official. Grading and clearing activities necessary for the installation and roads may commence upon approval of road and /or utility drawings by the Public Works Director. 4. Exterior finish of all buildings is to be consistent with the following: a. Four plexes and smaller: Exterior finish is to be six or eight inch channel siding or comprable material. b. Structures larger than four plexes: Exterior finish to be combina- Mayor tion of stucco and cedar or stucco and brick, depending on building and fire code requirements. c. Carports to be of wood or comprable materials. d. T -1 -11 or comprable materials are not to be used in the exterior of any structures. 5. If it becomes necessary for the City to enforce the conditions of ordinance #1071 or this agreement, developer agrees to pay all city attorney fees if the City wins. State of County of On this day personally appeared before me na.Jod 7 7. a fly to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that they sinned the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. tom., Given..0 €ter my hand and official seal this /6. day of 1978. J E lJ tAT' r ATTEST City Clerk -2- ss and Agreed this l(P day of &4 ei 4-a-f-ceL 78 Date Date Date X i- /77' 1 i c litzt rk_ /4. Ci (/r& ,1c144,;, 1424/ Notary Public in and for t e to e of Wash- ington, residing at A_, 1978.