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HomeMy WebLinkAboutOrd 1041 - Rezone Gilliam Property at Northeast Corner of 65th Avenue and Southcenter Boulevard to Retail (C-1)FOLLOWS: WASHINGTON ORDINANCE NO. d1 CITY OF TUKW ORDINANCE RECLASSIFYING CERTAIN REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF 65TH AVENUE AND SOUTH CENTER BOULEVARD FROM R -4 ZONING CLASSIFICATION TO C -1 ZONING CLASSIFICATION WITHIN THE CITY OF TUKWILA. COUNCIL ACTION' ME EilNG I AGENDA ry pE DATE I ACTION ITEM `/w I 14 he 3 164 11;,41 ;,a I X06 L I WHEREAS, the owner of the property described in Exhibit "A" attached hereto has petitioned the City requesting reclassification of said property from R -4 to C -1, and; WHEREAS, adequate environmental information was submitted and a nega- tive declaration made by the responsible official, and; WHEREAS, a public hearing on said petition was conducted before the Planning Commission as required by law on 25 August and 22 September 1977 after which a favorable recommendation with stipulations was made, and; WHEREAS, the City Council, at a regular meeting thereof, has considered the recommendation of the Planning Commission and has concurred with said recom- mendation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS Section 1. That the real property generally located at the northeast corner of the intersection of 65th Avenue South and Southcenter Boulevard, as further described in Exhibit "A" attached hereto, is hereby classified C -1 in accordance with Ordinance #251 of the City of Tukwila, as amended, and the City Council hereby adopts the map attached as Exhibit "B" hereto as illustrative of the property described. Section 2. This classification to C -1 shall include the following stipulations. A. Vehicular ingress /egress to and from Southcente'' Boulevard is specifically prohibited. B. Development of the property under the C -1 classification shall be limited to a single office building which may contain commercial service uses customarily incidental to office use. C. Development plans, including but not limited to site, elevation, landscape and building materials shall be subject to review and approval of the Planning Commission sitting as the Board of Archi- tectural Review as established in Chapter 18.32 of the Tukwila Municipal Code. The express purpose of such review is to ensure the development design complements the residential neighborhood. Ord. No. Page 2 ATTEST: D. The owner, his heirs, successors and assigns, shall equitably participate in any future LID for improvement of the forty (40) foot wide right -of -way adjacent the northeast property line. E. All buildings shall be set back 25 feet from the right -of -way line of Southcenter Boulevard and 65th Avenue South and 10 feet from the right -of -way line of Bluff Street. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof, this 7, 01.7 day of i �c.t."- 1977. f2l d.44a Mayor City Clerk b)ishecl o Recor Oct° &r o? /977 y EXHIBIT L E G A L D E S C R I P T I O N That portion of the William H. Gilliam Donation Land Claim Number 40, in the Southeast 1/4 of Section 23, Township 23 North, Range 4 East, W.M., lying Westerly of the Westerly margin of Bluff Street (65th Avenue South), as conveyed to King County, Washington, by deed recorded under Auditor's File Number 480377, and lying Westerly of the Southerly ex- tension of said Westerly margin extended to an intersection with the Southwesterly margin of Macadam Road as located by King County Survey Number 639 "a and lying Westerly of the Southwesterly margin of said Macadam Road, and lying North- erly of the Northerly margin of the Renton -Three Tree Point Road (Number 2649), and lying Easterly of the Easterly mar- gin of a strip of land 50 feet in width the centerline of which is described and recorded under Auditor's File Number 7108120429, and lying Southerly of the Northerly line of that portion of the said William H. Gilliam Donation Land Claim Number 40, as conveyed to Foremost Dairies, Inc., by deed recorded under Auditor's File Number 5088181. EKtf1131T '1-*‘ QEZQN E Sc L4p1etdev PROPERTY USE AND DEVELOPMENT AGREEMENT T-IIS INSTRUMENT executed this date in favor of the City of Tukwila, a municipal corporation of the State of Washington (hereinafter called "City by Gerald E. Schneider (herein- after called "Owner W I T N E S S E T H: WHEREAS, Owner is the owner in fee simple of the described property in "Exhibit A attached to this agreement (hereinafter called "the Property located in the City of Tukwila, Ring County, Washington; and WHEREAS, Owner has requested a rezoning for construction of a structure or structures upon said property; any WHEREAS, the City of Tukwila has determined that in order to provide for the public health, safety and general welfare with respect to the subject property and other property located in the vicinity of this property, a local improvement district may at some time in the future be formed for the purpose of improving the forty (40) foot wide right -of -way adjacent to the northeast property line, and to improve said right-of-ways by grading, filling, paving, providing curbs and gutters, si.?ewalks, street lighting, sanitary and storm sewers, water and underground ing electrical power lines as deemed necessary; and WHEREAS, Owner is willing to equitably participate in said local improvement district in the event it is created and the improvements are constructed; and WHEREAS, the use of the property is subject to the terms and conditions of City of Tukwila ordinance #1041 as passed by the City Council on October 17, 1977. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties hereto covenant and agree as follows: 1. In the event the City finds that the creation of a local improvement district, which will include within its boundaries 1 the subject property to this Agreement, is within the public health, safety and general welfare, the Owner agrees to parti- cipate equitably in said LID, hereby waives any right to protest the formation of any said LID; provided, however, that the im- provements constructed within said LID especially benefit the sub- ject property. 2. In the event said Local Improvement District is formed, and Owner has already constructed at its expense utility lines to its subject property, which utilities are in conformance with all applicable federal, state and local laws, rules and regulations, then any assessment against the subject property in the proposed Local Improvement District shall not include charges for any such utilities already constructed and provided by Owner. #1041 shall remain in effect. ATTEST: STATE OF WASHINGTON) ss. COUNTY OF K I N G 3. All of the remaining terms and conditions of Ordinance DATED this 12: A I' day of December 1978. 2 Gerald E. Schneider ACCEPTED: Cler City of Tukwila Mayor City of Tukwila v On this f day of December 1973, before me personally appeared Gerald E. Schneider to me known to be the individual that executed the within and foregoing instrument, and acknow- ledged said instrument to be the free and voluntary act and deed of said individual, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF I have hereunto s4"t hand` and affixed my official seal the day and year first /abgv"' M'i'tten. rtAfYi NOTA.PY PU$L in and.(f;i' the State of Washington; re- siding at J ll'll llllfl,l