HomeMy WebLinkAboutOrd 0966 - Rezone Anderson Property on West Side of Southcenter Parkway to Retail (C-2) Preliminary G�
3/ 10/76 o,
CITY OF TUK
WASHINGTON
ORDINANCE NO. 966 9'
ORDINANCE RECLASSIFYING A CERTAIN PROPERTY LOCATED ON
THE WEST SIDE OF SOUTHCENTER PARKWAY APPROXIMATELY
1,000 FEET SOUTH OF STRANDER BOULEVARD FROM A R -1 -7.2
ZONING CLASSIFICATION TO A C -2 ZONING CLASSIFICATION
WITHIN THE CITY OF TUKWILA.
WHEREAS, the owners of the following described property have
petitioned the City requesting reclassification of said property from R -1 -7.2
to C -2 in conformance with the Comprehensive Plan, and;
WHEREAS, adequate environmental information was submitted and a
negative declaration made by the responsible official, and;
WHEREAS, a public hearing on said petition was held before the
Planning Commission as required by law on February 26, 1976 after which
a favorable recommendation was made, and;
WHEREAS, the owners of said property have executed a developers
agreement in favor of the City of Tukwila implementing the recommendations
of the Tukwila Planning Commission as contained in the Staff Report dated
15 March 1976, the agreement having been properly recorded and a copy filed
with the City and which is made by reference a part of this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS
FOLLOWS:
Section 1. That the real property located on the west side of South
center Parkway approximately 1,000 feet south of Strander Boulevard, as further
described herein, is hereby classified C -2 in accordance with Ordinance #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:
Nub
North 100 feet south 400 feet SE 4,NN 4 Section 26,
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Township a Range 4 EWN, King County, Washington,
lying east of Interstate Highway number 5 and west
of Southcenter Parkway and more commonly described
as lot 11, block 3, McMicken Heights division number
1, unrecorded, North 100 feet of east 350 feet less
state highway, less the east 6 feet for street.
Section 2. This rezone classification to C -2 is made based upon the
following conditions, as contained in the developers agreement:
A. That land area above approximately 35 feet elevation be left
in a natural state.
B. The forced main sewer connection line be installed in accordance
with City of Tukwila standards, at the full expense of the property
owner, and a special connection charge be paid by the property
owner in accordance with Chapter 14.60 (Sewer Charges) of the
Tukwila Municipal Code.
C. Operation and maintenance of the pump and sewage force main shall
be at the full expence of the owner.
D. At such time as a L.I.D. is formed for a gravity flow sewer system
serving the vicinity of this property, as shown in the Tukwila
Comprehensive Sewer Plan, the property will agree to equitably
participate in such L.I.D. in accordance with Section 14.60.076
of the Tukwila Municipal Code.
E. A charge in lieu of assessment to be paid to the City at a rate
to be established by the final assessment roll of L.I.D. #27.
F. On site construction shall conform to the height, yard and area
restrictions and architectural review as outlined in Sections
18.32.030 and 18.32.040 of the Tukwila Municipal Code.
G. All of the above conditions shall be a part of the ordinance
granting the rezone in a form of a developers agreement properly
executed, recorded, and filed in the office of the City Clerk.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, and
signed by the Mayor, at a regular meeting thereof this day of
1976.
r
1 d-W-ed/
Mayor
Attest:
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City C1drk
Ap roved as to form:
14t. IA
Mg City Attorney
Published: 'c� Chrt�A(. h /s
Fi niTiD,
MY OF TU K IL
CITY C_ER ,S GFFtC
APR 20
PROPERTY USE AND DEVELOPMENT
AGREEMENT
THIS AGREEMENT is between the City of Tukwila, a
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municipal corporation (hereinafter "City and HARVEY ANDERSON
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Cif and LUELLA ANDERSON, husband and wife (hereinafter "Owners
CJ The parties agree as follows:
1. The owners are now the purchasers under a real
estate contract of the following described property, hereinafter
called the "property
North 100 feet of the South 400 feet, Southeast
one quarter northwest one quarter, Section 26,
Township ,23N,./- Range 4, E.W.M., King County,
Washington, lying east of Interstate Highway
number 5 and west of Southcenter Parkway and more
commonly described as Lot 11, Block 3, McMicken
Heights Division No. 1, unrecorded, North 100 feet
of east 350 less state highway, less the east 6
feet for street. All located in Tukwila, King
County, Washington.
2. Owner filed a petition on January 28, 1975 to
establish a reclassification of said property from a R -1 -7.2
zoning classification to a C -2 zoning classification.
3. The Planning Commission of the City of Tukwila,
after a detailed review of the location of the owners'
property, and being cognizant that the proposed zoning
changes were compatible with those shown on the City's
Comprehensive Land Use Plan map, did recommend to the City
Council, after the Planning Commission's public meeting on
February 26, 1976 that such zoning reclassification be
allowed, but only upon execution of a property use and
development agreement substantially in the form hereof,
herein called "Agreement
4. The City Council, at a public hearing on March
15, 1976 reviewed the recommendations of the Planning Commission
and found that the establishment of the requested zoning
reclassification, if developed in accordance with certain
O conditions listed herein, would be within the public health,
CD safety and general welfare and approved of the zoning
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reclassification.
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5. Owners, in consideration thereof, and for so
long as the property remains so classified, hereby covenant,
bargain and agree to the following conditions on behalf of
themselves, their heirs, their successors and assigns:
A. All land area within the property
located at the elevation of 35 feet above sea
level, or more, shall be left in its natural
state.
B. A forced main sewer line shall
be installed in accordance with City of
Tukwila standards, at the sole expense of the
owners, and owners shall pay to the City the
special connection charge in accordance with
Chapter 14.16 of the Tukwila Municipal Code
and any and all other applicable City and
state laws, rules and regulations.
C. Operation and maintenance of
the pump and sewage force main sewer line
shall be at the sole expense of the owner and
shall be operated and maintained in accordance
with all applicable City, county, state and
federal standards.
D. At such time as a local improvement
district is formed for a gravity -flow sewer
system serving the vicinity of this property,
2
as shown in the City of Tukwila Comprehensive
Sewer Plan, or as later determined to be
necessary, the owners will equitably participate
in such LID in accordance with all applicable
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CD City, county, state and federal laws, rules
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and regulations.
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,,JD E. Owners shall pay a charge in
lieu of assessment to the City at a rate to
be established by the final assessment role
of LID No. 27.
F. On -site construction on the
property shall conform to the height, yard
and area restrictions and architectural
review as outlined in Sections 18.32.030
18.32.040 of the Tukwila Municipal Code and
all other applicable laws, rules and regula-
tions at the time of such construction.
6. This Agreement shall be recorded in the records
of the Department of Records and Elections for King County,
Washington and the covenants herein shall be deemed to
attach to and run with the land and shall be binding upon
the owner his heirs, successors and assigns.
7. The City may institute and prosecute any
proceedings at law or equity to enforce this Agreement and
owners agree to pay the reasonable attorney's fees and costs
expended by the City for such proceedings.
8. In the event any covenant, condition.or restriction
hereinabove contained, or any partition thereof is invalid
or void, such invalidity or voidness shall in no effect any
other covenants, conditions or restrictions herein contained.
3
9. In the event owners, or their heirs, successors
in interest, assigns, or any other person claiming any
interest in the property by or through owners, becomes
0 insolvent, bankrupt, makes an assignment for the benefit of
CD creditors, or is a debtor in any formal or informal proceeding
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for the use and benefit of their creditors, or forfeits or
N in any manner loses, or is threatened with the loss of, any
interest in the property, the City shall have, at its sole
option, the right to change the zoning classification of
this property from C -2 to R- 1 -7.2, or any other appropriate
classification.
10. Owners shall abide by all applicable laws,
rules and regulations which now or which will in the future
relate to their use of the property.
IN WITNESS WHEREOF, this Agreement is executed the
day and year first above written at Tukwila, Washington.
CITY OF TUKWILA
By
734,
EYgar, D. Bauch, Mayor
B Y i /7
Shirlee Kinney, City Clerk/
1 CITY
Hal Anderson
Luella Anderson
-STATE OF WASHINGTON OWNERS
ss.
County of King
On this 4,1t day of J, 1976, personally
appeared before me EDGAR D. BAUCH And SHIRLEE KINNEY, to me
4
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known to be the Mayor and City Clerk, respectively, of the
CITY OF TUKWILA, the municipal corporation that executed the
within and foregoing instrument and acknowledged said instru-
CD ment to be the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein
CD mentioned, and on oath stated that they were authorized to
CQ execute said instrument and that the seal affixed is the
corporate seal of said municipal corporation.
IN WITNESS WHEREOF, I have hereunto set my hand
,affixed my official seal the day and year first above
y' w 'i tten.
r"• t
NOTARY PUBLIC in and,•fefr the State of
Washington, residing at
STATE OF WASHINGTON
ss.
County of King
On this of "j;/ l 1976, personally
appeared before me HARVEY ANDERSON and LUELLA ANDERSON, to
me known to be the individuals described in and who executed
the within and foregoing instrument and.acknowledged the
said instrument to be their free and voluntary act' and deed
for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal the day and year first above
written.
vii
/NOTARY/'UBLIC in ande ?for the State of
Washington, residing at
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ATTACHMENT A
ANDERSON REZONE
MF-75-23-R
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