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HomeMy WebLinkAboutOrd 0978 - Rezone Todd Property on 62nd Avenue South to R-4 i S 4 7, 1976 M t; '4 1; CITY OF TUK WILA WASHINGTON ORDINANCE NO. 978 j f7 ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY GENERALLY LOCATED ON 62ND AVENUE SOUTH APPROXIMATELY 300 FEET NORTH OF SOUTHCENTER BOULEVARD FROM R -3 ZONING TO R -4 ZONING WITHIN THE CITY OF TUKWILA. WHEREAS, Frank Todd, the owner of the following described property having petitioned the Planning Commission, requesting re- classification of said property from R -3 zoning to R -4 zoning in conformity with the Comprehen- sive Plan, all contained in Planning Department file No. MF 76 -13 -R, and; WHEREAS, on May 13, 1976, a public hearing on said petition was held before the Planning Commission of the City of Tukwila and the City Council having received a favorable recommendation from the Planning Commission, subject to certain conditions, with respect to the aforementioned petition, and; WHEREAS, the City Council finds the requested classification to be in the best interests and general welfare of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the real property located adjacent to and on the west side of 62nd Avenue South near South 153rd Street as described herein is hereby classified to R -4 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the map attached hereto as Exhibit "A" as illustrative of the property described herein as follows: That portion of Tract 11, Interurban Addition to Seattle, according to plat recorded in Vol. 10 of Plats, p. 55, in King County, Washington, described as follows: Beginning at a point on the East line of said tract 11, which is 162.79 feet North of the SE corner thereof; thence continuing North 0 8'W. 359.88 feet to the Northeast corner of said Tract 11; thence S. 89 52' W. along the northerly line thereof 300.86 feet; thence South 0 8' E. 398.14 feet; thence North 89 °52' E. 141.65 feet; thence North 0 8' W. 38.26 feet; thence North 89 52' E. 159.21 feet to point of beginning. Section 2. Rezoning to R -4 is subject to the following conditions: a. Dedication of an equitable portion of land necessary to make 62nd Avenue a fifty -foot right -of -way. b. Participation in development of utilities to include storm drainage. c. Limitation of density to 104 units. d. Planning Commission review and approve of site, elevation, basic floor and landscaping plans prior to development. e. The agreement be binding on all heirs, successors and assigns. f. There shall be no less than 30% open space on this site. g. If construction is not started within three (3) years it shall revert back to R -3 zoning. Section 3. The City Clerk is directed to record a copy of this ordinance and map with the County Recorder. Section 4. A developer agreement between Mr. and Mrs. Frnak Todd and the City of Tukwila shall be executed. Section 5. This ordinance shall become effective upon execution of said developer agreement. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this 21st day of June 1976. ORDINANCE VETOED BY MAYOR Letter enclosed Mayor Attest: City Clerk Approved as to Form: City Attorney Published: I, 1' i t I L ;ti j 11 1 151 .i s. i i is .'Y'''''''' i-IM-1 1 m I no m i n 1 41130K 1 a iiii.--RE i :R•4 ff 1 33c rIN_L .�f S I A C l C. 52ND vac_ f K R 1 Z.0 1 i i I E .z -4-1---Ij -/-4p., y s I1 r`_ :-4 i '1,1 1 j ji i a ��i f S f 2 '1 -1,0 A M .-1' i\ Z fh0 y I s.• A r�`LI z�� 1 Ln^ isv `Ki lid. I Z I :31,,-12A. f 1 a� g` all ®I ®I= 5 t wi i y�e f ti 'r T C ...,9 _'id y Y .4. WM WIf.q Edgar D. Bauch, Mayor 4 )T- O CITY of TUKWILA 4 s 2 14475 59TH AVENUE SOUTH o_ TUKWI LA, WASHINGTON 98067, /905 June 29, 1976 Tukwila City Council 14475 59th Ave. South Tukwila, Washington 98067 Ladies and Gentlemen: Pursuant to the authority of R.C.W. 35.24.210, I hereby veto Ordinance 978 passed by you on June 21, 1976, for the following reasons: 1. Density Section 2 c limits the density to 104 units; however this. density of 40 units per acre is excessive and exceeds all other apartment developments in the city but one regardless of the zoning. 2. Open Space Section 2 f provides for 30 percent open space in the development; however, it did not define "open space Does "open space" include: Parking lots? Sidewalks? Driveways? Swimming pools and filter buildings? Retaining structures such., as a rockery? Although the ordinance provided for approval of the site, elevation, basic floor and landscaping plans prior to development, no guidelines were given for this new concept of open space. 3. Height Restrictions The definition of first level parking spaces or basement spaces, as it applies to the total story limitation of R -4 zoning, as well as where height is measured from on the ground, is undefined in the building codes and could cause confusion when applied to this rezone. 411 0 Tukwila City Council June 29, 1976 Page 2 4. Adjacent Zoning The rezone is incompatable with adjacent zoning and will have an impact on future composition of the surrounding area. In view of the above reasons, I am returning Ordinance 978 for reconsideration. I feel that any future development that has more than 28 units per acre is not in the best interest of the city and its citizens. I also feel that this density must be defined in a manner that is clear and unambiguous. Sincerely yours, o ri a Ed D. Bauch Mayor EDB /mb