Loading...
HomeMy WebLinkAboutOrd 1206 - Rezone Schneider/Nilsen Property to Retail (C-1) COUNCIL ACTION M TYPE c+ DATE AIITEM, I ACTION CITY OF T U KWILA` I 1 WASHINGTON I ORDINANCE NO. low 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 .w 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 R'[,J' iii k !j� 1 4 L y.' p E6'- (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 8103110321