Loading...
HomeMy WebLinkAboutOrd 0683 - Rezone Todd Property to R-4 and C-1 ty 0 as /G06 CITY OF T 2 WASHINGTON ORDINANCE NO. 683 4013 AN ORDINANCE rezoning certain property within the City.,,of Tukwila from R -1 to R -4 and C -1. WHEREAS, Frank and Joan Todd have petitioned to rezone property within the City of Tukwila from R -1 to C -1, and WHEREAS, the hearings required by law were held before the Planning Commission and the City Council, and WHEREAS, the Planning Commission and the City Council recommended R -4 and C -1 zoning providing a concomitant zoning agreement was executed to control the development of said property for the health, safety and welfare of the residents of the City of Tukwila and whereas said agreement has been executed. NOW, THEREFORE, the City Council of the City of Tukwila do ordain as follows: Sec. 1. The property described on Exhibit "A" is hereby rezoned from land classification R -1 to R -4 and C -1 as indicated on the exhibit. Sec. 2. This new zoning classification is expressly con- ditioned on the full and complete performance by Todd of the Con- comitant Zoning Agreement. PASSED this 7th day of September, 1971. ATTEST MAYOR CITY CLERK /tom APPROVED AS TO FORM: CITY ATTORNy f/ PUBLISHED RECORD CHRONICLE 1`' �e- io Te rn �(J e •�i� 7 J li EXIBIT "A" tn FROM R-1 to R-4 the West 125 feet of Block 28, Interurban Addition to Seattle AND FROM R-1 to C -1 Block 28, Interurban Addition to Seattle less the West 125 feet. 8 -13 -71 J CD TUKWILA -TODD CONCOMITANT ZONING AGREEMENT CD 04 THIS is a Concomitant Zoning Agreement executed this I day of SepityyJc 1971, between the CITY OF TUKWILA, a muni- cipal corporation of the Third Class within the State of Washington (hereinafter called TUKWILA) and FRANK TODD and JOAN TODD, his wife, (hereinafter referred to as TODD). RECITALS: TODD is the owner in fee simple of property within the City of Tukwila, described in Exhibit "A" attached hereto, and by this reference incorporated herein, and hereinafter referred to as "The Property and WHEREAS TODD has filed a Petition to Rezone the property from R1 zoning designation to R -4 and C -1 pursuant to the provisions of the Tukwila Municipal Code, and The City Planning Commission pursuant to public hearing has recommended to the City Council that the property be rezoned upon the execution of a property use and development agreement, and WHEREAS, the Tukwila City Council, after public hearing, has recommended that the property be zoned pursuant to certain agree- ments relative to the property use and development of the property, and The establishment of R -1 and C -1 zoning on the property will effect the flow of traffic in the vicinity; effect the storm drainage, sanitary drainage, and other utilities within the area and certain -1- conditions are required to control the development of said property CD C) for the health, safety and welfare of the residents of the City of C7 Tukwila. CQ NOW„ THEREFORE, in the event the City Council of the City of Tukwila reclassifies the property from R -1 to R -4 and C -1 as indicated on the attached map marked Exhibit "B" and incorporated herein by reference, and in consideration of the City Council changing the classification of the property to R -4 and C -1 and for so long as the property remains so classified, TODD hereby covenants and agrees to the following covenants and conditions on behalf of themselves and their successors and assigns: 1. That 67th Avenue South shall be improved by 40 feet by 150 feet to minimum City Standards and there shall be a suitable public turn around near the corner of 67th Avenue South and South 153rd. The standards shall be set forth in writing and attached to this Agreement. The question of the suitability of the public turn around shall be in the discretion of the City Supervisor in consul- tation with the Fire and Police Department. 2. That sufficient service be provided for fire protection with hydrants installed with mains as required by City Standards which shall be located in an easement with loop connecting the prop- erty from Southcenter Boulevard to South 153rd. This service shall be in writing and in the discretion of the Fire Chief. -2- 3. That adequate storm drains be designed to meet the CD specific approval of the City of Tukwila Building and Street Depart- ments, for service to this property only. CD 4. That a decorative fence be erected at the South end of the C -1 and R -4 zoning to prevent access from existing public street and that there be a five (5) foot landscape strip adjacent to the park boundary. 5. That the building which is erected near the South boundary shall be located at least 40 feet North of the South boundary. 6. All aspects of signing, including construction, materials, lighting, size and location relative to this develop- ment shall be and require the approval in the sole discretion of the Planning Commission. 7. That the plans for development including all con- ditions required herein relative to construction shall be approved by the Planning Commission prior to issuance of a Building Permit; the landscaping and signing details shall also be included in the design drawing submitted for review. All design and construction shall be without cost to the City. 8. That TODD shall design, construct and pay for the sanitary sewer facilities for this parcel of property only which will be required in accordance with the applicable ordinances of the City of Tukwila. -3- 9. No excavation shall occur without the applicant, C? O TODD, securing an Excavation Permit pursuant to the Ordinances of the City of Tukwila, which will not be unreasonably withheld by Clt the City. 10. No construction shall be commenced before the City has notified TODD in writing that the plans and specifications have been approved by the Planning Commission and the City Super- intendent. The City shall have the right to inspect said facil- ities and no facility shall be covered up prior to inspection. TODD agrees to comply with all of the City's reasonable inspection requirement. 11. Upon completion of construction and upon certifica- tion from the City Engineer, that said facilities meet the standards of the City of Tukwila, TODD shall assign and convey all public facilities, together with any necessary easements, to the City for acceptance by the City. Said easements shall be for general utility purposes. Said easement shall be escrowed in advance of the Building Permit being issued. 12. The King County Cause No. 695378 shall be dismissed with prejudice. 13. TODD agrees to indemnify and hold the City harmless from any and all claims which may be asserted against the City as a result of the construction, or maintenance of said facilities prior to acceptance by the City. -4- 14. TODD agrees in carrying out the terms of this para- graph, TODD shall be acting as an independent contractor and in CJ no respect shall be deemed an agent of the City. j� 15. That partial waiver or waiver by acquiescence by CD CD the City of any provisions or conditions of this agreement shall cV f~ not be a waiver of any other provisions or conditions of this Agreement. 16. When notified to make changes or corrections in any facility described herein, in accordance with the approved design by the City Supervisor, TODD agrees to make such changes or corrections, providing they are in accordance with this Agree- ment, within a reasonable time. In the event of failure to make said changes or corrections all rights of Todd to continue con- struction shall be stayed until a Stop Work Order issued by the City shall have been corrected. 17. This Agreement shall be recorded in the Records of the King County Auditor and the covenants, duties and obliga- tions of TODD under this Agreement shall constitute an easement and servitude and a covenant attached hereto and running with the land upon the property and shall be binding upon TODD and their successors and assigns and the City. All Building, Occupancy and Use Permits hereafter applied for or issued shall be subject to the terms, conditions and limitations of this agreement. 18. Amendments to this Agreement may be made only after approval by the City Council of the City of Tukwila. -5- 19. This Agreement is specifically enforceable by either party and either party may institute and prosecute any proceeding at 0 law or in equity to enforce the provisions of this Agreement. TODD CD r"' agrees to pay reasonable Attorney fees expended by the City for such CD CD enforcement proceedings, providing that the City is awarded Judgment (NI r".- in its favor and is the prevailing party. 20. All provisions of applicable zoning, building, or other Ordinances of the City of Tukwila shall control this project except as modified herein. 21. It is further expressly agreed by TODD that in the event any covenant or condition or restriction hereinabove con- tained or any portion thereof is invalid or void, such invalidity or voidness shall in no way affect any other covenant, condition or restriction hereinabove contained. THIS AGREEMENT is executed this day of 1 44d1/, 1971, at Tukwila, Washington. f TODD BY--Li r' RANK TODD (-77-CL-"-) v /,MOAN TODD CITY OF TUKWILA I BY :1---___a) J MAYOR BY �I Z.i. Lc, )27 a i., CLERK ar -6-