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HomeMy WebLinkAboutOrd 0743 - Rezone Jensen Property to M-1 t CITY OF TUK WASHINGTON O ORDINANCE NO. 743 7 CV N AN ORDINANCE RE- CLASSIFYING CERTAIN PROPERTY FROM R -1 ZONING TO M -1 ZONING WITHIN THE N CITY OF TUKWILA. t`- WHEREAS, The owners of the following described property have petitioned the Planning Commission requesting re- classification of said property from R -1 zoning to M -1 zoning in conformity with the comprehensive plan, and WHEREAS, Public hearings on said petition were held before the Planning Commission of the City of Tukwila, and the City Council having received a favorable recommendation from the Planning Commission with respect to the aforementioned petition; and WHEREAS, The City Council finds the requested classi- fication to be in furtherance of the public health, safety and general welfare, NOW, THEREFORE, The City Council of the City of Tukwila, Washington, do ordain as follows: That the following described real property is hereby classified as M -1 in accordance with Ordinance No. 251 of the City of Tukwila, as amended, and the City Council hereby adopts the attached map showing said classification for the real property described as set forth in Exhbit A attached hereto, subject to the following conditions: 1. Processes and equipment employed and goods processed or sold shall be limited to those which ON are not objectionable beyond the boundaries of the district by reason of offensive odors, dust, smokebt �N V or gas. 2. Waste disposal shall be by a method or methods 'c 4N approved by the Puget Sound Air Pollution Control �QV‘ Agency, or any other governmental body having 0 jurisdiction thereover. 3. No use shall be permitted if it results in industrial noise above five sones as measured at the outer boundary of this district. -1- 4. Necessary public rights -of -way shall be dedicated to the public either as a portion of a plat or upon acceptance of street dedication by the City Council. 5. To protect the abutting contiguous uses, a protective strip of land bordering the external boundaries and along any frontage on public rights of -way and devoted to the planting, cultivation, growing, and maintenance of sight- obscuring trees, shrubs and plant life shall be established and maintained. The maintenance guarantee of such protective strips and the planned landscaping of I.1") the site may be bonded to the city in a reasonable CD amount if required by the City Council. In lieu of such protective strip, under appropriate circum- stances, there may be substituted a use classifica- tion of the outer margin of this district consistent ti with or not objectionable to the use classification of the peripheral area. 6. Outdoor storage facilities shall be obscured by an approved architectural screen or buildings specified on the plat plan and approved by the Planning Commission. 7. A plot and building plan showing compliance with the provisions herein stated and consistent with the amenities of the land use shall be filed with the Planning Department and the building per- mit application shall comply with this approved plot plan. 8. Structures shall not exceed thirty -five feet in height and /or three stories except that when the site exceeds five acres, the height may be raised one additional story for each additional two and one -half acres within the site area bound- aries when specifically approved by the Council upon recommendation of the Planning Commission. 9. Outdoor storage shall not exceed twenty feet in height,, and shall be screened from abutting public streets and from adjacent properties. Such screens shall be a minimum of eight feet high, and not less than sixty percent of the height of the material stored. 10. The minimum setback from all publicly used rights -of -way shall be adequate to provide a park -like atmosphere, and at least fifty feet. The same to be clearly set out in the plot and building plan and upon the building permit applica- tion when filed. 11. Off -stret parking shall be provided as stipu- lated in Chapter 18.56, Tukwila Municipal Code. 12. A solid screen planting and /or decorative BUWEPR!NT ON obscuring fence six feet high shall be provided FILE 114 VAULIJ along the boundaries of the use district, except at streets, where landscape or treatment shall be as described in #15 hereunder. 13. A setback of fifteen feet, landscaped, shall be provided on the street or public way frontages; this setback to be measured from the minimum build- ing setback line, where no front yard is otherwise required. -2- A 14. Outside storage shall comply with C -M requirements except that screening shall consist of a decorative obscuring fence and /or a solid screen planting of evergreens. In areas ad- jacent to residential uses, no outside storage shall be permitted. 15. Utility easements and areas between property lines and curbing shall be landscaped and /or treated with dust and erosion control planting or ON surfacing such as low growing evergreens, ground NO cover, shrubs, washed stream rocks, or a combina- CD tion of similar materials. O CD 16. Detailed plans for landscaping and screening shall be submitted with plans for building and CSI site improvements and the certificate of occupancy I""' shall not be issued prior to installation of land- scaping and screening. 17. The use will not be unduly detrimental to adjacent and /or surrounding properties. The City Clerk is directed to file a copy of this Ordinance and map with the County Auditor. PASSED BY THE CITY COUNCIL and approved by the Mayor this A04 day of November, 1972. lap 0 At\ t '*'A ,,..--)?--L, t ,11••,;,,,,- ,11••,;,,,,- Attest: C ,rrayri `er Approved as to Form: City Attorney Published: /l/y /,?e /rues /,�a j7 $LLIEpRt 0 FILE IN VA j j I -3- 16. Detailed plans for landscaping and screening shall be submitted with plans for building and site improvements and the certificate of occupancy shall not be issued prior to installation of land- scaping and screening. 17. The use will not be unduly detrimental to adjacent and /or surrounding properties. tN Signed this day of 1972. Yl't I i Y 0 --r'1 11 STATE OF WASHINGTON L SS County of King On this b day of DC:CC M R before me the undersigned, a notary public in and for the State of Washington, personally appeared J. David Jensen and Amy H. Jensen, known to me to be the individuals described in; who executed the foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS My hand and official seal the day and year in this certificate first above written. Notary Pibir6 for,ashingtan Residing at CITY OF TUKWI WASHINGTON BY �.tr YOR ./�./O/i CITY RK Presidr., City Council STATE OF WASHINGTON SS County of King On this 4th day of December, 1972 before me the undersigned, a notary public in and for the State of Washington, personnaly appeared Frank Todd, Mayor, Shirlee Kinney, Clerk and J. Reid Johanson, City Council President, of the City of Tukwila, Washington, known to me to be the individuals described in and who executed the foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed.. for the uses and purposes therein mentioned. 3- WITNESS My hand and official seal the day and year in this certificate first above written. Notary Public for Washington Residing at Tukwila. -4- r K EXHIBIT A PARCEL I All of Tract 15, Fostoria Garden Tracts. together with that portion of Tract 14, described as follows: Beginning at the most northerly corner of Tract 14; thence southwesterly along the northwesterly boundary of said Tract 14 a distance of 272.12 feet; thence southeasterly along a line parallel with the northeasterly boundary of said Tract (S. 134th Street), a distance of 90.94 feet; thence northeasterly 272.12 feet to a point on the north- easterly line situated 90.94 feet southeasterly of the p.o.b.; thence northwesterly along said northeasterly O boundary 90.94 feet to p.o.b. O CV PARCEL II `V. That portion of Tract 16, Fostoria Garden Tracts, according to plat thereof recorded in Volume 9 of Plats, page 95, records of King County, Washington, described as follows: Beginning at the most westerly corner of said Tract 16, thence South 47 °12' East along the southwesterly line of said Tract 16, a distance of 175.31 feet; thence South 67 °43' East along thesouthwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning; thence South 67 °43' East 82.11 feet to the most southerly corner of said Tract 16; thence North 40 °17' East along the southeasterly line of said Tract 16 a distance of 297.73 feet; thence North 49 °43' West parallel with the northeasterly line of said Tract 16 a distance of 137.29 feet to a point which bears North 30 °00' East from the true point of beginning; thence South 30 °00' West 327.77 feet to the true point of beginning. 1 ptg r Kluk fitk ON t f VJ 7.-/- 4 a y <ry t 7 7 O 4F f� O 4 d r /J {Y I ii I S re 1 1:11''''''':),, r f tza f, t r; �l' Pie r vA P..R''� V ti V I f� ;0,-5.•',7.'7 +1 �S" ANC i i e t�1TY6 P s J Cl 55 NR t� f\ c ;.'i.NtTECIS I f 1 r.--- C% 1:0',';'' PLA. S y' g75 JCNN BIK J z, I 4 9 13 USE AND DEVELOPMENT AGREEMENT THIS AGREEMENT, Made and entered into this day between J. David Jensen and kvt f Jensen, his wife, owners of the real property described in Exhibit A attached hereto, and the City of Tukwila, Washington, W I T N E S S E T H WHEREAS The City of Tukwila has been asked to re -zone the property described in Exhibit A and has agreed to do so provided certain conditions are met, and to that end the parties agree as follows: The real property described in Exhibit A shall be re -zoned from R -1 zoning to M -1 zoning, subject to the following conditions: 1. Processe and equipment employed and goods processed or sold shall be limited to those which are not objectionable beyond the boundaries of the district by reason of offensive odors, dust, smoke or gas. 2. Waste disposal shall be by a method or methods approved by the Puget Sound Air Pollution Control Agency, or any other governmental body having jurisdiction thereover. 3. No use shall be permitted if it results in industrial noise above five sones as measured at the outer boundary of this district. 4. Necessary public rights -of -way shall be dedicated to the public either as a portion of a plat or upon acceptance of street dedication by the City Council. 5. To protect the abutting contiguous uses, a protective strip of land bordering the external boundaries and along any frontage on public rights of -way and devoted to the planting, cultivation, growing and maintenance of sight- obscuring trees, shrubs and plant life shall be established and maintained. The maintenance guarantee of such protective strips and the planned landscaping of the site may be bonded to the City in a reasonable amount if required by the City Council. In lieu of such protective strip, under appropriate circum- stances, there may be substituted a use classifica- tion of the outer margin of this district consistent with or not objectionable to the use classification of the peripheral area. 6. Outdoor storage facilities shall be obscured by an approved architectural screen or buildings specified on the plat plan and approved by the Planning Commission. 0 -1- E 7. A plot and building plan showing compliance with the provisions herein stated and consistent with the amenities of the land use shall be filed with the Planning Department and the build- ing permit application shall comply with this approved plot plan. 8. Structures shall not exceed thirty -five feet in height and /or three stories, except that when the site exceeds five acres, the height may be raised one additional story for each additional two and one -half acres within the site area bound- aries when specifically approved by the Council upon recommendation of the Planning Commission. 9. Outdoor storage shall not exceed twenty feet in height and shall be screened from abutting public streets and from adjacent properties. Such screens shall be a minimum of eight feet high and not less than sixty per cent of the height of the material stored. 10. The minimum setback from all publicly used rights -of -way shall be adequate to provide a park -like atmosphere, and at least fifty feet. The same to be clearly set out in the plot and building plan and upon the building permit application when filed. 11. Off street parking shall be provided as stipulated in Chapter 18.56 of the Tukwila Municipal Code. 12. A solid screen planting and /or decorative obscuring fence six feet high shall be provided along the boundaries of the use district, except at streets, where landscape or treatment shall be as described in #15 hereunder. 13. A setback of fifteen feet, landscaped, shall be provided on the street or public way frontages; this setback to be measured from the minimum build- ing setback line, where no front yard is otherwise required. 14. Outside storage shall comply with C -M requirements, except that screening shall con- sist of a decorative obscuring fence and /or a solid screen planting of evergreens. In areas ad- jacent to residential uses, no outside storage shall be permitted. 15. Utility easements and areas between property lines and curbing shall be landscaped and /or treated with dust and erosion control planting or surfacing such as low growing evergreens, ground cover, shrubs, washed stream rocks or a combination of similar materials. -2- EXHIBIT A PARCEL I All of Tract 15, Fostoria Garden Tracts. together with that portion of Tract 14, described as follows: Beginning at the most northerly corner of Tract 14; thence southwesterly along the northwesterly boundary of said Tract 14 a distance of 272.12 feet; thence southeasterly along a line parallel with the northeasterly boundary of said Tract (S. 134th Street), a distance of 90.94 feet; thence northeasterly 272.12 feet to a point on the north- easterly line situated 90.94 feet southeasterly of the p.o.b.; thence northwesterly along said northeasterly boundary 90.94 feet to p.o.b. PARCEL II That portion of Tract 16, Fostoria Garden Tracts, according to plat thereof recorded in Volume 9 of Plats, page 95, records of King County, Washington, described as follows: Beginning at the most westerly corner of said Tract 16, thence South 47 °12' East along the southwesterly line of said Tract 16, a distance of 175.31 feet; thence South 67 °43' East along thesouthwesterly line of said Tract 16 a distance of 20 feet to the true point of beginning; thence South 67 °43' East 82.11 feet to the most southerly corner of said Tract 16; thence North 40 °17' East along the southeasterly line of said Tract 16 a distance of 297.73 feet; thence North 49 °43' West parallel with the northeasterly line of said Tract 16 a distance of 137.29 feet to a point which bears North 30°00' East from the true point of beginning; thence South 30 °00' West 327.77 feet to the true point of beginning.