HomeMy WebLinkAboutOrd 1181 - Park Place/Sunwood Property Zone AmendmentCITY OF TUKWILA
WASHINGTON
ORDINANCE NO 1181
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
REPEALING SECTION 2(C) AND AMENDING SECTION 2(G)
OF ORDINANCE 1071
PARK PLACE SUNWOOD
WHEREAS, Ordinance 1071 provided for reclassification of 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 Planning Division Master File 78 -06 -R, and
WHEREAS, said Ordinance 1071 was passed and adopted by the City
Council on August 7, 1978, and
WHEREAS, a public hearing was held before the City Planning Com-
mission on August 28, 1980 and certain modifications to Ordinance 1071 were
recommended by that body.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1: Section 2(c) of Ordinance 1071 is repealed in its
entirety and new Section 2(c) shall be as follows:
"Prior to issuance of building permits for Phase II of the
development, a subdivision for 4 lots shall be approved for
the R -1 district. Said short subdivision application shall
detail all improvements described in Section 17.08.070 of
the Tukwila Municipal Code. All required improvements shall
be installed by the applicants prior to recording of the
short subdivision; bonding for construction of said improve-
ments as provided in the 17.08.080 (1) shall not be allowed.
The short subdivision, as approved by the short subdivision
committee, shall be recorded prior to certification of Phase
II occupancy."
Section 2: Section 2(g) of Ordinance 1071 is hereby amended
to read as follows:
"In the event that construction of any proposed structure
has not begun within 36 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."
Section 3: There shall be added to Ordinance 1071, Section 6
which shall provide as follows:
"Section 6: If, subsequent to the adoption of these amendments,
the owner in constructing any phase of development substantially
or materially violates any of the conditions specified and adopted
in Ordinance 1071 and all exhibits, concomitant agreements and
agreements pursuant to, and all amendments thereto, the City may
recover damages for such a violation according to the following
procedures.
(a) Written notice of the breach or violation of the condition
shall be given to the owner. Such notice shall specify the
condition violated and the action necessary to cure such
violation. The owner shall have ninety (90) days from the
receipt of such notice to cure or remedy the violation in the
manner prescribed.
(b) If the owner fails to cure or remedy the violation in the
manner specified, the City shall be entitled to five thousand
dollars ($5,000.00) as liquidated damages for each material or
substantial breach or violation up to a maximum total of fifty
thousand dollars ($50,000.00). Any amount collected by the City
pursuant to this Section shall be applied, as soon as reasonably
possible, in completing the cure or remedy as specified by the
City in its notice. Any amount remaining after completion of
such action, less the expenses incurred by the City, shall be
returned to the owner.
(c) Upon receipt of the Notice of Violation the owner may,
within ten (10)days of receipt of said notice, submit to
arbitration the question of whether it has, either through its
action or through its inaction, caused a material breach to occur.
This question shall be resolved in accordance with the then
existing rules of the American Arbitration Association and judg-
ment upon any award rendered may be entered in any court of comp-
etent jurisdiction. Such award may include the costs and ex-
penses, including but not limited to attorneys' fees, incurred
by the prevailing party in obtaining the award.
(d) As used herein, the word "owner" shall mean the person or
other legal entity in title to the real property that is the
subject of this reclassification and any employee, agent or
independent contractor under the control of owner, as well as
the heirs, successors and assigns of owner."
Section 4: The owner shall, at his own expense, remove all
construction debris from Phase I construction from the open space zone.
A temporary barrier such as "snow fencing" shall be installed at the
boundary between the open space zone and the neighboring residential
zone during later phases of the project to prevent damage to the open
space zone from construction equipment and accumulated debris.
Section 5: No other modification of Ordinance 1071 is expressed
or implied by the provisions of this ordinance.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this o 7 day of C .,dc_44." 1980.
Appr ved as to Form
City Attorney, Lawrence E. Hard
Published Record Chronicle November 9, 1980
Nix.11N CN M \vM17
N019NIHStlM U �'U l{
IS wez 3NV(vu U (JV�U"
cam ana..ur' tON3
L u.n ..w. ONtU33h�rw f 1181F1 %3
yt{� .�N� 71d 'JN(l.3Arin .rw
LL44_ fNa9ulY J W� rwllYYrr
SS
s• t; v,�3 w w x ew° most >,'�..,;�Z
Al z
F'a Qw� w �i�• w�w7�
kz 'J w T FC og ,4Q r, Q rww,,yy,, klf;`t
4 v N� p W 6W U¢�N�
qC' zqb a�`�
`�"y�ow`.�, W� ��'ac °asc�b�� °1- a°c¢°wS���a
¢i� EW$ M¢ ;�ca
$w t,._o try
9t >9ew a k Clo
a� p�+ --•u `O� r t arc iti 'St' �.3$�` A
o My N
Ar
z
`F' Cp V s F ••.�ti s� 1 k i ,1 A
,tom