HomeMy WebLinkAboutOrd 1031 - Rezone VIP'S Restaurant Property to High Density Multiple Residence (RMH) and Local Retail Business (C-2)1156
ORDINANCE NO 1031
VIPS RESTAURANT PROPERTY
BROOKVALE GARDEN TRACTS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA
APPROVING THE RECLASSIFICATION OF CERTAIN LAND FROM R -3
(THREE AND FOUR FAMILY DWELLINGS) AND C -1 (NEIGHBORHOOD
RETAIL BUSINESS) TO RMH (HIGH DENSITY MULTIPLE RESIDENCE)
AND C -2 (LOCAL RETAIL BUSINESS) FOR A NEW MOTEL AND EX-
PANSION OF THE PRESENT RESTAURANT, ALL SUBJECT TO CER-
TAIN CONDITIONS.
WHEREAS, the applicant did receive approval of a waiver under resolu-
tion #489 on April 4, 1977, and;
WHEREAS, on April 11, 1977, the Responsible Official of the City of
Tukwila, due to identification of potential negative environmental effects,
did require an environmental impact statement on the rezone and new motel and
restaurant expansion project, and;
WHEREAS, the applicant did address the negative environmental impacts
identified by the Responsible Official and did modify the proposal to the extent
that the Responsible Official did withdraw the requirement of preparing an envir-
onmental impact statement pursuant to WAC 197 -10 -370 subject to certain condi-
tions being complied with, and;
WHEREAS, the Planning Commission did consider the matter at a public
hearing, as required by law, at their regular meeting of July 28, 1977, and did
recommend favorably thereon, subject to certain conditions:
NOW, THEREFORE, BE IT RESOLVED by the Tukwila City Council as follows:
Section 1. The following described property, shown on the attached
map (Exhibit A) is hereby reclassified from C -1 and Unclassified to C -2:
THAT PORTION OF TRACT 35 OF BROOKVALE GARDEN TRACTS, AS
PER PLAT RECORDED IN VOLUME 10 PLATS, PAGE 47, RECORDS OF KING
COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
TO -WIT:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST
25 FEET OF AN UNPLATTED STRIP LYING EAST OF SAID TRACT 35 AND AS
DESCRIBED IN DEED FROM TONY S. KATO AND DORIS M. KATO, HIS WIFE,
TO RESTAURANT INDUSTRIES, INC., AND RECORDED UNDER RECORDING NO.
720803 -0148, RECORDS OF SAID COUNTY, WITH THE NORTHERLY LINE OF
STATE HIGHWAY AS CONDEMNED IN KING COUNTY COURT CAUSE NO. 600726,
THENCE NORTH 65 16'34" WEST ALONG SAID NORTHERLY LINE 163.00 FEET
TO THE TRUE PLACE OF BEGINNING: THENCE CONTINUING NORTH 65 16'34"
WEST ALONG SAID NORTHERLY LINE 206.81 FEET TO A CONCRETE HIGHWAY
RIGHT OF WAY MARKER: SAID MARKER BEING AT A POINT APPOSITE H.E.S.P.C.
(I -RE) 158 +93.30 ON THE I -RE LINE OF STATE HIGHWAY ROUTE 5 (PSH NO. 1),
SOUTH 179TH STREET TO SOUTH 126TH STREET, AND 70.00 FEET NORTHEASTERLY
THEREFROM: THENCE NORTH 57 11'49" WEST 174.01 FEET TO A POINT 85.00
FEET NORTHEASTERLY WHEN MEASURED AT RIGHT ANGLES TO SAID I -RE LINE OF
SAID HIGHWAY: THENCE NORTHERLY 160.00 FEET, MORE OR LESS, ON A LINE
LYING EASTERLY AND 70.00 FEET DISTANT WHEN MEASURED AT RIGHT ANGLES
AND OR RADIALLY TO THE MAC ROAD CENTERLINE SURVEY OF SAID HIGHWAY:
SAID 160.00 FEET INTERSECTING A LINE 160.00 FEET FROM AND PARALLEL
WITH SAID NORTHERLY LINE OF STATE HIGHWAY: THENCE SOUTH 65 16'34" EAST
PARALLEL WITH SAID HIGHWAY NORTHERLY LINE, 453.00 FEET, MORE OR LESS,
TO THE INTERSECTION OF A LINE WHICH BEARS NORTH 24 43'26" WEST 160.00
FEET TO THE TRUE PLACE OF BEGINNING.
Section 2. The following described property, shown on the attached map
(Exhibit A) is hereby reclassified from C -1 and R -3 to RMH:
PARCEL A:
THAT PORTION OF TRACT 11, OF INTERURBAN ADDITION TO SEATTLE ACCORDING
TO PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT 11; THENCE SOUTH 0 35'
WEST ALONG THE WEST LINE OF SAID TRACT 11, A DISTANCE OF 228 FEET;
THENCE NORTH 89 52' EAST PARALLEL WITH THE NORTH LINE OF SAID TRACT 11
A DISTANCE OF 185 FEET, MORE OR LESS, TO THE WEST LINE OF THE EAST
450.86 FEET OF SAID TRACT 11; THENCE NORTH 0 °08' WEST ALONG SAID WEST
LINE 228 FEET TO THE NORTH LINE OF SAID TRACT 11, THENCE SOUTH 89 °52'
WEST 181.79 FEET TO THE POINT OF BEGINNING; AND
PARCEL B:
THAT PORTION OF TRACT 11, OF INTERURBAN ADDITION TO SEATTLE, ACCORDING
TO PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 55, RECORDS OF
KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 11, DISTANT SOUTH
0 °35' WEST 228 FEET FROM THE NORTHWEST CORNER THEREOF; THENCE NORTH
89 EAST PARALLEL WITH THE NORTH LINE OF SAID TRACT 11, A DISTANCE
OF 185 FEET, MORE OR LESS, TO THE WEST LINE OF THE EAST 450.86 FEET OF
SAID TRACT 11; THENCE SOUTH 0 °08' EAST ALONG SAID WEST LINE 260 FEET,
MORE OR LESS, TO THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 1, R.E.
AS CONVEYED TO THE STATE OF WASHINGTON BY DEED RECORDED UNDER AUDITOR'S
FILE NO. 5473599; THENCE NORTH 70 WEST ALONG SAID NORTHERLY LINE
198.57 FEET, MORE OR LESS, TO THE WEST LINE OF SAID TRACT 11, THENCE
NORTH 0 EAST 194.22 FEET TO THE POINT OF BEGINNING; AND
PARCEL C:
TRACT 35 OF BROOKVALE GARDEN TRACTS AS PER PLAT RECORDED IN VOLUME 10
OF PLATS ON PAGE 47, EXCEPT THAT WEST 150 FEET THEREOF MEASURED ALONG
THE NORTH LINE, TOGETHER WITH AN UNPLATTED STRIP OF LAND ADJOINING SAID
PROPERTY ON THE EAST LYING BETWEEN THE EAST LINE OF SAID PROPERTY AND
THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 23 NORTH,
-2-
RANGE 4, EAST. W.M.: LESS PORTION DEEDED TO KING COUNTY FOR ROAD, LESS
PORTION DEEDED TO STATE OF WASHINGTON FOR HIGHWAY RIGHT OF WAY; AND
PARCEL D:
THAT PORTION OF LAND LYING SOUTHWESTERLY OF TRACT 35 OF THE BROOKVALE
GARDEN TRACTS, KING COUNTY, WASHINGTON, BEGINNING AT A POINT NORTH
65 WEST 397.135' FROM THE SOUTH EAST CORNER OF SAID TRACT.
THENCE NORTH 57 WEST 174.01' TO THE INTERSECTION OF THE EXTEN-
SION OF A CURVED LINE MARKING THE WESTERLY 150' OF THE AFORENAMED
TRACT 35; THENCE NORTHERLY TO THE SOUTH BOUNDARY OF SAID TRACT 35;
THENCE ALONG THE SOUTH BOUNDARY OF SAID TRACT 35, SOUTHEASTERLY AND
SOUTHWESTERLY TO THE POINT OF BEGINNING;
LESS, THAT PORTION OF TRACT 35 OF BROOKVALE GARDEN TRACTS, AS PER
PLAT RECORDED IN VOLUME 10 OF PLATS, ON PAGE 47, RECORDS OF KING
COUNTY, WASHINGTON, AND OF THE UNPLATTED STRIP OF LAND ADJOINING ON
THE EAST, LYING BETWEEN THE EAST LINE OF SAID TRACT 35 (SAID EAST LINE
BEING ALSO THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 23, TOWNSHIP
23 NORTH, RANGE 4 EAST, W.M.) AND THE WEST LINE OF THE INTERURBAN ADDI-
TION AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, ON PAGE 55, RECORDS OF
SAID COUNTY, COMMONLY KNOWN AS THE ARCO PROPERTY AND DESCRIBED AS A
WHOLE AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID INTERURBAN ADDI-
TION WITH THE NORTHERLY LINE OF PRIMARY STATE HIGHWAY NO. 1 RE AS
DESCRIBED IN PARCEL "A" IN KING COUNTY SUPERIOR COURT CAUSE NO. 600726;
THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE TO ITS INTERSECTION WITH
A LINE WHICH IS PARALLEL WITH THE 25 FEET WEST, MEASURED AT RIGHT ANGLES,
FROM THE WEST LINE OF SAID INTERURBAN ADDITION AND THE TRUE POINT OF
BEGINNING: THENCE CONTINUING NORTHWESTERLY ALONG SAID NORTHERLY LINE OF
THE HIGHWAY A DISTANCE OF 163 FEET;
THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID NORTHERLY LINE A DISTANCE
OF 135 FEET; THENCE SOUTHEASTERLY PARALLEL WITH SAID NORTHERLY LINE TO
A POINT IN THE AFORESAID LINE WHICH IS PARALLEL WITH THE 25 FEET WEST
OF THE WEST LINE OF SAID INTERURBAN ADDITION;
THENCE SOUTHERLY ALONG LAST SAID PARALLEL LINE TO THE TRUE POINT OF
BEGINNING;
AND, LESS THAT PORTION OF THE TOTAL HEREINABOVE DESCRIBED PROPERTY
TO BE REZONED TO C -2.
Section 3. Said reclassifications as stated in Sections 1 and 2 above
are subject to the following conditions:
a. That portion of the subject site lying above the 150 -foot contour
line remain in a natural state.
b. That any grading on City owned property on the west end of the subject
site be consistent with Chapter 70 of the Uniform Building Code.
c. The base of any freestanding sign used to identify the premises,
either the restaurant or the motel, shall not be placed above the
90 -foot contour line.
-3-
Approved as to form:
d. Flagpoles not to exceed 35 feet in height and base of flagpoles
not placed above the 90 -foot contour line.
e. Refuse disposal area to be architecturally screened.
f. That the present legal nonconforming sign for the VIP's restaurant
be brought into conformance with the City's Sign Code prior to
issuance of Occupancy Permit for restaurant expansion.
g.
That a trail be constructed in accordance with the conditions set
forth in the Declaration of Non Significance.
h. A reclamation bond be posted with the City of Tukwila in an amount
equal to 100% the cost of grading and landscaping above the 90 -foot
contour line, per submitted plans (M /F 77 -11 -R, Exhibits A and B).
i. All deciduous shade trees south, west or east of the proposed
structure to be a minimum of 3" caliper at time of planting and
healthy.
Adequate provisions for parking for construction employees and
construction materials storage be provided.
k. Exterior treatment of structures be accomplished in substantial
compliance with letter from Charles Dahlen dated 22 July 1977.
1. In the event the proposed project is not completed within 3 years
of the date, the zone classification hereby granted shall revent.
m. The noise level in the rooms, from outside sources, shall not
exceed standards established by the City of Seattle.
Section 4. The summary, findings and conclusions of City Council Staff
Report dated 8 August 1977, as found in the Office of Community Development Plan-
ning Division File No. MF- 77 -28 -R is adopted by reference as though fully set
forth herein.
Section 5. The conditions of the Responsible Official for the City of
Tukwila for the withdrawal of the Affirmative Threshold Determination are supported
by the City Council and shall be complied with.
Section 6. A copy of this ordinance shall be delivered to the following:
a. Applicant
b. Planning Division of the Office of Community Development
c. Public Works Department
d. Fire Department
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
regular meeting thereof, this j! day of A u Q (,t 5t 1977.
W. dead
Tate 1 ,05roved Mayor4`/
Y
ATTEST:
eputy City ttrney 'Crty'Cl rk
Published: Record- Chronicle Augus4- 19,1977
VIP'S RESTAURANTS INC