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HomeMy WebLinkAboutOrd 1430 - Comprehensive Land Use Policy Plan for 15419 62nd Avenue South (Repealed by Ord 1757) 4,w) •1908 CITY OF TUKWILA WASHINGTON '1757 ORDINANCE NO. /44.3(2 0042.150.009 JEH /sal /gg 05/12/87 05/27/87 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE POLICY PLAN DESIGNATION ON CERTAIN PROPERTY LOCATED GENERALLY AT 15419 62ND AVENUE SOUTH, FROM HIGH DENSITY RESIDENTIAL TO OFFICE AND REZONING THE SAME PROPERTY FROM R -4 (LOW APARTMENTS) TO P -O (PROFESSIONAL /OFFICE), AND AUTHORIZING EXECUTION OF CONCOMITANT ZONING AGREEMENTS. WHEREAS, Michio and Hisako Kato and Tom and Katie Kato, have applied for a comprehensive plan amendment and rezone for certain property located generally at 15419 62nd Avenue South, under City file Nos. 86 -65 -CPA and 86 -66 -R, and WHEREAS, the Tukwila Planning Commission held a public hearing on January 22, 1987 to consider amending the Comprehensive Land Use Policy Plan designation for the property from High Density Residential to Office and also to consider rezoning the property from R -4 (Low Apartments) to P -0 (Professional /Office), and WHEREAS, after considering all testimony presented at the public hearing, the Planning Commission, at public meeting held on March 26, 1987, adopted findings and conclusions, together with a recommendation to the City Council that the Comprehensive Land Use Policy Plan amendment and rezone be approved subject to the condition that no residential development be allowed on the property at greater than the density permitted in the R -4 zone, and WHEREAS, the City Council held a public hearing on the proposed rezone and Comprehensive Land Use Policy Plan amendment on May 4, 1987 and at the conclusion of said hearing determined to adopt the findings, conclusions and recommendation of the Planning Commission as the City Council's decision and directed -1- JEH000450 1/ that the condition relating to residential density be incorporated in a concomitant zoning agreement to be signed by the owners of the property, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings and Conclusions. The City Council hereby adopts the Findings and Conclusions of the Planning Commission dated March 26, 1987 and relating to the Kato property. Section 2. Comprehensive Land Use Policy Plan Map Amended. The Comprehensive Land Use Policy Plan Map of the City of Tukwila, as adopted by Ordinance No. 1039, is hereby amended by changing the designation of certain property generally located at 15419 62nd Avenue South and more particularly described on Exhibit A attached hereto and incorporated herein by this reference as if set forth in full, from High Density Residential to Office, subject to execution of, and compliance with, the terms and conditions of the Concomitant Zoning Agreements attached hereto as Exhibits B and C and incorporated herein by this reference as if set forth in full. Section 3. Zoning Map Amended. The Official Zoning Map of the City of Tukwila as adopted by Ordinance No. 1247, is hereby amended to change the zoning classification for the property described on Exhibit A from R -4 (Low Apartments) to P -O (Professional /Office) subject to the execution of, and compliance with all terms and conditions of, the Concomitant Zoning Agreements attached hereto as Exhibits B and C. Section 4. Authorization to Execute. The Mayor is hereby authorized to execute, and the City Clerk authorized to attest to, the Concomitant Zoning Agreements attached hereto as Exhibits B and C. Section 5. Duties of Planning Director. The Planning Director is hereby instructed to make the necessary changes to the Comprehensive Land Use Policy Plan and the Official Zoning Map of the City to reflect the changes authorized by this Ordinance and the Concomitant Zoning Agreements. JEH40045O -2- Section 6. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this JA day of ,7C2.N 1987. ATTEST /AUTHENTICATED: CITY LERK, M INE ANDERSON APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY ''''N,....,4eatte f JEH000450 C FILED WITH THE CITY CLERK PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. /4/30 1CNOPR, 0. ARY' L VAN DUSEN Se7 -3- APPROVED: DESCRIPTION: PARCEL A: ATTACHMENT A That portion of tract 11, 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 Southeast corner of said tract 11, thence South 89 52' West along the Southerly line thereof 300.86 feet, thence North 0 °O8'West 124.53 feet, thence North 89 52'East 141.65 feet, thence North 0 °08'West 38.26 feet, thence North 89 °52' East 159.21 feet to a point on the Easterly line therof which is 162.79 feet North of the point of beginning, thence South 0 08' East 162.79 feet along the Easterly line of said tract 162.79 feet to the point of beginning. PARCEL B: That portion of the West 150 feet of the East 450.86 feet of the Tract 11, Interurban Addition to the City of Seattle according to the plat recorded in Volume 10 of Plats, page 55, in King County, Washington described as follows: Beginning at the Southeast corner of the West 150 feet of the East 450.86 feet of said Tract 11, thence NO1 °21'40 "E along the East line thereof 124.53 feet, thence N65 52'04 "W along a line parallel to the centerline of Southcenter Boulevard (Renton Three Tree Point Road) 162.68 feet to the West line of the East 450.86 feet of said Tract 11, thence SO1 21'40 "W 165.17 feet to the Northerly Margin of PSM No. 1 as conveyed by deed under Auditors File No. 5473599, thence S69 °17'02 "W along said highway margin 66.33 feet to intersect the South line of said Tract 11, thence S88 °24'47 "E along said south line 87.42 feet to the Point of Beginning. i faE:G04 4 1L FLED 0042.150.009 JEH /sal /gg 05/12/87 Li Director c.f Records 05/27/87 EieCtiOnS CONCOMITANT P.JG N /1987 ZONING AGREEMENT FOR KATO REZONE r (2t 7 p r' Lxh 13 E7_o' -27- 0393 WHEREAS, Michio and Hisako Kato (hereinafter referred to as "the Owners have applied for a comprehensive plan amendment and rezone for certain property located generally at 15419 62nd Avenue South, under City file Nos. 86 -65 -CPA and 86 -66 -R, and WHEREAS, the Tukwila Planning Commission held a public hearing on January 22, 1987 to consider amending the Comprehensive Land Use Policy Plan designation for the property from High Density Residential to Office and also to consider rezoning the property from R -4 (Low Apartments) to P -O (Professional /Office), and WHEREAS, after considering all testimony presented at the public hearing, the Planning Commission, at public meeting held on February 26, 1987, adopted findings and conclusions, together with a recommendation to the City Council that the Comprehensive Land Use Policy Plan amendment and rezone be approved subject to the condition that no residential development be allowed on the property at greater than the density permitted in the R -4 zone, and WHEREAS, the City Council held a public hearing on the proposed rezone and Comprehensive Land Use Policy Plan amendment on May 4, 1987 and at the conclusion of said hearing determined to adopt the findings, conclusions and recommendation of the Planning Commission as the City Council's decision and directed that the condition relating to residential density be incorporated in a concomitant zoning agreement to be signed by the owners of the property, and WHEREAS, the Owners have indicated a willingness to sign a Concomitant Zoning Agreement limiting the uses on the property if rezoned, now, therefore, IN THE EVENT THAT the City of Tukwila approves a Comprehensive Land Use Policy Plan Map amendment for the property generally located at 15419 62nd Avenue South and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full, from High Density Residential to Office and rezones the property from R -4 to P -O, the Owners covenant and agree as follows: JEH00047A —1— OR G �A_ JEH00047A 1. Restrictions on Development. No residential development shall be permitted on the property on Exhibit A at a density which is greater than the maximum density permitted under the City's R -4 zoning regulations. The development regulations of the Tukwila Zoning Code for RMH (Multiple Residence High Density) shall have no application to development on the property and all residential development shall be governed by the R -4 zoning regulations or such less intensive residential development regulations as may apply to the particular development proposed. 2. Binding Fact Recording. This Agreement shall be recorded with the King County Recorder and shall constitute a covenant and servitude running with the land described on Exhibit A, and shall be binding upon the Owners, their successors in interest and assigns. The Owners shall pay all recording fees necessary to record this Agreement. 3. Police Power. Nothing in this Agreement shall be construed to restrict the authority of the City to exercise its police powers. 4. Enforcement. In addition to any other remedy provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this Agreement or to otherwise enforce its provisions, through injunctive or other relief, and if the City prevails in such action, it shall be entitled to recover all costs of enforcement, including reasonable attorneys' fees. 5. Severability. In the event any section, paragraph, sentence, term or clause of this Agreement conflicts with applicable law, or is found by any court having jurisdiction to be contrary to law, such conflict shall not affect other sections paragraphs, sentences, terms or clauses of this Agreement, which can be given effect without the conflicting provision, and to this end the terms of this Agreement shall be deemed to be severable, provided, however, that in the event any section, paragraph, sentence, term or clause of this Agreement is found to be in conflict with applicable law, the City shall have the right to bring the proposed development back before the City Council for further review and imposition of appropriate conditions to ensure that the purposes for which this Agreement is entered into are, in fact, accomplished and the impacts of the proposed development are mitigated. -2- OR G �A_ OWNERS DATED this A 2-/ Hisako Kato ACCEPTED BY: THE CITY OF TUKWILA 7 Michio Kato r x y i r 1'- Gar6r L. Vah Dusen, Mayor ATTEST /AUTHENTICATED: CITY'CLERK, MAXINE ANDERSON day of V 7 1987. APPROVED AS TO FORM: OFFICE F THE CITY ATTORNEY B Y f,6 ZeZ STATE OF WASHINGTON )ss: COUNTY OF King I certify that I know or have satisfactory evidence that Michio Kato signed this instrument and acknowledged it to be his free and voluntary act for the purposes mentioned in this instrument. JEH00047A DATED this day of NOTAR My co -3- OR G NA_ B IC V ssion expires: 7 9/9. STATE OF WASHINGTON )ss: COUNTY OF King JEH00047A I certify that I know or have satisfactory evidence that Hisako Kato signed this instrument and acknowledged it to be her free and voluntary act for the purposes mentioned in this instrument. DATED this ,2 day or NOTAR UTIIC My commission -4- expires: 2 '7 /pO EXHIBIT A That portion of the West 150 feet of the East 450.86 feet of the Tract 11, Interurban Addition to the City of Seattle according to the plat recorded In Volume 10 of Plats, page 55, in King County, Washington described as follows: Beginning at the Southeast corner of the West 150 feet of the East 450.86 feet of said Tract 11, thence N01'21'40 "E along the East line thereof 124.53 feet, thence N65 °52'04 "W along a line parallel to the centerline of Southcenter Boulevard (Renton Three Tree Point Road) 162.68 feet to the West line of the East 450.86 feet of said Tract 11, thence SO1 21'40 "W 165.17 feet to the Northerly Margin of PSM No. 1 as conveyed by deed under Auditors File No. 5473599, thence S69 °17'02 "W along said highway margin 66.33 feet to intersect the South line of said Tract 11, thence S88 24'47 "E along said south line 87.42 feet to the Point of Beginning. OR G ^.A_ 0042.150.009 JEH /sal /gg 05/12/87 05/27/87 JEH00096A COPY O ORIGINAL FILED( 1 I n AJG N d 1987 039 er Director cif Re.cords Elections I CONCOMITANT ZONING AGREEMENT FOR KATO REZONE WHEREAS, Tom and Katie Kato (hereinafter referred to as "the Owners have applied for a comprehensive plan amendment and rezone for certain property located generally at 15419 62nd Avenue South, under City file Nos. 86 -65 -CPA and 86 -66 -R, and WHEREAS, the Tukwila Planning Commission held a public hearing on January 22, 1987 to consider amending the Comprehensive Land Use Policy Plan designation for the property from High Density Residential to Office and also to consider rezoning the property from R -4 (Low Apartments) to P -O (Professional /Office), and WHEREAS, after considering all testimony presented at the public hearing, the Planning Commission, at public meeting held on February 26, 1987, adopted findings and conclusions, together with a recommendation to the City Council that the Comprehensive Land Use Policy Plan amendment and rezone be approved subject to the condition that no residential development be allowed on the property at greater than the density permitted in the R -4 zone, and WHEREAS, the City Council held a public hearing on the proposed rezone and Comprehensive Land Use Policy Plan amendment on May 4, 1987 and at the conclusion of said hearing determined to adopt the findings, conclusions and recommendation of the Planning Commission as the City Council's decision and directed that the condition relating to residential density be incorporated in a concomitant zoning agreement to be signed by the owners of the property, and WHEREAS, the Owners have indicated a willingness to sign a Concomitant Zoning Agreement limiting the uses on the property if rezoned, now, therefore, IN THE EVENT THAT the City of Tukwila approves a Comprehensive Land Use Policy Plan Map amendment for the property generally located at 15419 62nd Avenue South and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full, from High Density Residential to Office and rezones the property from R -4 to P -O, the Owners covenant and agree as follows: —1— 1. Restrictions on Development. No residential development shall be permitted on the property on Exhibit A at a density which is greater than the maximum density permitted under the City's R -4 zoning regulations. The development regulations of the Tukwila Zoning Code for RMH (Multiple Residence High Density) shall have no application to development on the property and all residential development shall be governed by the R -4 zoning regulations or such less intensive residential development regulations as may apply to the particular development proposed. 2. Binding Fact Recording. This Agreement shall be recorded with the King County Recorder and shall constitute a covenant and servitude running with the land described on Exhibit A, and shall be binding upon the Owners, their successors in interest and assigns. The Owners shall pay all recording fees necessary to record this Agreement. 3. Police Power. Nothing in this Agreement shall be construed to restrict the authority of the City to exercise its police powers. 4. Enforcement. In addition to any other remedy provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this Agreement or to otherwise enforce its provisions, through injunctive or other relief, and if the City prevails in such action, it shall be entitled to recover all costs of enforcement, including reasonable attorneys' fees. 5. Severability. In the event any section, paragraph, sentence, term or clause of this Agreement conflicts with applicable law, or is found by any court having jurisdiction to be contrary to law, such conflict shall not affect other sections paragraphs, sentences, terms or clauses of this Agreement, which can be given effect without the conflicting provision, and to this end the terms of this Agreement shall be deemed to be severable, provided, however, that in the event any section, paragraph, sentence, term or clause of this Agreement is found to be in conflict with applicable law, the City shall have the right to bring the proposed development back before the City Council for further review and imposition of appropriate conditions to ensure that the purposes for which this Agreement is entered into are, in fact, accomplished and the impacts of the proposed development are mitigated. JEH00096A -2- C D!GI' 11 S i1 OWNERS ACCEPTED BY: THE CITY OF TUKWILA Tom Kato ATTEST /AUTHENTICATED: JEH00096A DATED this day of �f Katie Kato Gaty L. Van Dusen, Mayor APPROVED AS TO FORM: OFFICE THE CITY ATTORNEY j BYE- Atio 1 ciik /cal CITY CLERK, MAXINE ANDERSON DATED this "ay of �dcG -3- I certify that I know or have satisfactory evidence that Tom Kato signed this instrument and acknowledged it to be his free and voluntary act for the purposes mentioned in this instrument. N OTARY,JPUBL C My commission expires: 1987. STATE OF WASHINGTON )ss: COUNTY OF King JEH00096A I certif th t I know or have satisfactory evidence that AV 742 ve na7/0 Katie Kato signed this instrument and acknowledged it to be her free and voluntary act for the purposes mentioned in this instrument. DATED this 74 day of `�/r j 1987. C NOTAR BL1 C My commission expires: -4- EXHIBIT A That portion of tract 11, 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 Southeast corner of said tract 11, thence South 89 52' West along the Southerly line thereof 300.86 feet, thence North 0 °80' West 124.53 feet, thence North 89°52' East 141.65 feet, thence North 0 West 38.26 feet, thence North 89°52' East 159.21 feet to a point on the Easterly line thereof which Is 162.79 feet North of the point of beginning, thence South 0 East 162.79 feet along the Easterly line of said tract 162.79 feet to the point of beginning. LESS the Easterly 6 feet thereof previously conveyed to the City of Tukwila by Deed recorded under king County Auditors file No. 8102100335 0042.150.009 JEH /sal /gg 05/12/87 05/27/87 SUMMARY OF ORDINANCE NO. /i/319 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, AMENDING THE COMPREHENSIVE LAND USE POLICY PLAN DESIGNATION ON CERTAIN PROPERTY LOCATED GENERALLY AT 15419 62ND AVENUE SOUTH, FROM HIGH DENSITY RESIDENTIAL TO OFFICE AND REZONING THE SAME PROPERTY FROM R -4 (LOW APARTMENTS) TO P -O (PROFESSIONAL /OFFICE), AND AUTHORIZING EXECUTION OF CONCOMITANT ZONING AGREEMENTS. On JEH000460 ir 1987. City of Tukwila passed Ordinance No. /4/30 which provides as follows: Section 1. Adopts findings and conclusions. Section 2. Amends the Comprehensive Land Use Policy Plan designation property generally located at 15419 62nd Avenue South and more particularly described on Exhibit A to this summary, from High Density Residential to Office, subject to Concomitant Zoning Agreements. Section 3. Rezones the property from R -4 to P -O, subject to Concomitant Zoning Agreements. Section 4. Authorizes the Mayor and City Clerk to sign the Concomitant Zoning Agreements. Section 5. Prescribes the duties of the Planning Director. Section 6. Provides for severability. Section 7. Establishes an effective date. The full text of this Ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at their meeting of PUBLISH: VALLEY DAILY NEWS SUNDAY, MAY 31, 1987 1987, the City Council of the MA I ANDER ON CITY CLERK