HomeMy WebLinkAbout88-073 - Strander John - Concomitant Zoning Agreement5Z-1;ruo,„,
/ler,
CONCOMITANT ZONING AGREEMENT
WHEREAS, JOHN C. STRANDER, hereafter referred to as
"Owner", has petitioned for annexation to the City of Tukwila
of a parcel of real property located at 13530 - 53rd Avenue
South, which is the subject of this Agreement and is legally
described in Exhibit A attached hereto and by this reference
incorporated herein, and
WHEREAS, in connection with such petition, Owner has
requested pre -annexation zoning and has requested that the City
of Tukwila Comprehensive Policy Plan be amended to change the
designation of the subject property from Residential to
Commercial and has requested that in the event of annexation,
the subject property be zoned C-2 (Regional Retail Business),
and
WHEREAS, the City Council has indicated that it is
favorably disposed toward a Regional Retail Business use but
has found that a residential use with greater density than
single family would be inappropriate, and
WHEREAS, following agreement by Owner that such limitation
on use was acceptable and not inconsistent with Owner's
development plans, the City Council passed an Ordinance
adopting the requested pre -annexation zoning regulation,
contingent upon the agreement being reduced to writing,
CONCOMITANT ZONING AGREEMENT - Page 1
3545C3
NOW, THEREFORE, the City of Tukwila and Owner hereby agree
that should the property described in Exhibit A hereto become
subject to the proposed pre -annexation zoning classification of
C-2 (Regional Retail Business), no residential development
shall be permitted thereon at a density which is greater than
that permitted under the City's R-1 (Single Family Residence)
regulations. The development regulations applicable to
residential developments of a density greater than R-1 in the
R-2, R-3, R-4 and RMH Districts only shall not apply to the
property and no residential development other than single
family shall be permitted.
Sept.
DATED June 8 , 1988.
ACCEPTED BY:
THE CITY OF TUKWILA
i
eg 411P
By � �►;
Gare Von Dusen, Mayor
ATTEST/AUTHENTICATED:
By
ax ne Anderson, City Clerk
APPROVED AS TO FORM:
CONCOMITANT ZONING AGREEMENT - Page 2
3545 C 3
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
I certify that there appeared before me a
know or have satisfactory evidence was JOHN C
signed this CONCOMITANT ZONING AGREEMENT, and
to be his free and voluntary act for the uses
mentioned in this instrument.
DATED:
.S e f- : 8
, 1988.
person that I
STRANDER, who
acknowledged it
and purposes
Notary Public in and for the State
of Washington, residing a
My appointment expires '-23--PP
CONCOMITANT ZONING AGREEMENT - Page 3
3 5 4 5 C 3
fl
i.- �°' C0
0
0,_
Sfzc T,t 7,20
Exhibit A
EXISTING CITY LIMIT
r , 9.
41140
A
z
•
Q
9
i" \
•/ •
/.
0�
4
•
,L 5 •
THAT PORTION OF THESTEPHEN FOSTER•DONATJON CLAIM DESCRIBED
AS FOLLOWS1 •
BEGINNING AT A POINT CONSISTING OF".AN IRON PIPE LOCATED AT
THE'INTERSECTION OF THE SOUTHERLY LINE OF FOSTER'STREET AND
THE WESTERLY LINE OF THE DUWAMISH-RENTON.JUNCTION ROAD. AS
SAID STREETS ARE LOCATED AND DEDICATED IN SECTION 14. TOWNSHIP
23 NORTH, RANGE•4 EAST. W..M.. IN KING COUNTY, WASHINGTONI THENCE
SOUTH 49°11'08" WEST ALONG THE SOUTHERLY MARGIN OF SAID FOSTER
STREET. A DISTANCE OF 83 FEET TO AN IRON PIPE. HEREAFTER CALLED
POINT "A"S THENCE SOUTH 49°11'013" WEST ALONG SAID SOUTHERLY
MARGIN 25.36 FEET{ THENCE SOUTH 31°03'30" WEST ALONG SAID SOUTHERLY
MARGIN 147.89 FEET TO THE.TRUE POINT OF BEGINNING OF THIS DESCRIPTIONS
THENCE SOUTH 23°49'16" EAST.189.97 FEET! THENCE NORTH 40°36'00"
EAST TO A POINT WHICH BEARS SOUTH 49°24100" EAST FROM SAID
POINT "A"I THENCE NORTH 49°24'00" WEST TO A POINT WHICH BEARS
SOUTH..49°24'00" EAST 110.00 FEET FROM SAID POINT "A"I THENCE
SOUTH 40°36100" WEST 70.00 FEET; THENCE NORTH 49°24'00" WEST
TO THE SOUTHERLY MARGIN:OF SAID FOSTER STREETS THENCE SOUTH
31°03'30" WEST TO THE TRUE. POINT OF .BEGINNING."
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. / `7' 7 D
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ENACTED PURSUANT TO
RCW 35A.14.330, AMENDING THE COMPREHENSIVE LAND USE POLICY PLAN MAP,
ADOPTING ZONING REGULATIONS AND ADOPTING A ZONING MAP TO PROVIDE FOR
THE AREA DESCRIBED AS 13530 -53rd AVENUE SOUTH AND PROVIDING THAT SAID
AREA SHALL BECOME SUBJECT TO SAID ZONING REGULATIONS UPON ANNEXATION
TO THE CITY OF TUKWILA.
WHEREAS, it is reasonable to expect that the hereinafter described area
may at some time in the future be annexed to the City of Tukwila by the direct
petition method, and
WHEREAS, the sole property owner in the area has requested an amendment to
the Comprehensive Plan designation and pre -annexation zoning, and
WHEREAS, the SEPA responsible official has made a determination of
nonsignificance, and
WHEREAS, the Planning Commission held a public hearing on March 24, 1988,
and recommended that the Comprehensive Policy Plan Map be amended as to the
subject property and recommended the adoption of a land use plan and zoning
regulation in the event of annexation, and
WHEREAS, two public hearings upon said proposal were held upon proper
notice before the Tukwila City Council on May 16, 1988, and June 20, 1988,
WHEREAS, the City Council expressed its concern that the proposed zoning
not result in residential development of a density of higher than single
family, and
WHEREAS, the Applicant indicated a willingness to enter into a Concomitant
Zoning Agreement providing for no residential density use greater than R-1
(Single Family Residence),
NOW, THEREFORE, THE TUKWILA CITY COUNCIL DO ORDAIN AS FOLLOWS:
Section 1. Area Affected. The area subject to this Ordinance is located
at 13530 -53rd Avenue South and is as shown on Exhibit A.
Section 2. Comprehensive Plan Map Amended. That the City of Tukwila
Comprehensive Policy Plan designation for the subject area be changed to
Commercial and that the Plan Map be amended to reflect such change.
Section 3. Zoning Code and Map Adopted Upon Annexation. At such time as
the area described in Exhibit A, or any part thereof, shall be annexed to the
City of Tukwila, the City Council may provide in the annexation ordinance that
so much of said area as is thereby annexed shall be subject to the Zoning Code
of the City of Tukwila and shall be zoned C-2 (Regional Retail Business) as
shown on Exhibit B hereto, said zoning map and zoning regulations herein
adopted to be an extension to the zoning regulations for the City of Tukwila.
Page 1
3483C2
•
Section 4. Concomitant Zoning Agreement. The Mayor is hereby authorized
to execute, and the City Clerk to attest to, a Concomitant Zoning Agreement
with John C. Strander providing that if the subject property should become, as
a result of annexation, zoned C-2, all included uses will be permitted with
the exception of R-2, R-3, R-4 and RMH density.
Section 5. A certified copy of this ordinance shall be filed in the
Office of the King County Department of Records and Elections. Certified
copies shall be filed with the following City of Tukwila Departments:
A. Office of the City Clerk
B. Planning Department
C. Department of Public Works
D. City Attorney
Section 6. This ordinance shall be in force and effect five days after
publication of the attached Summary which is hereby approved or upon execution
of the Concomitant Zoning Agreement, whichever is later.
PASSED B THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this
of 1988.
.0101.1------4111141VIIII.
jfri
�', G.'Y VAN DUSEN
ATTEST/AUTHENTICATED:
1W' ERK, MAXINE ANDERSON
APPROVED AS TO FORM:
OFFIC jIF THE C TY A ORNEY
By
F D WITH THE CITY CLERK: 6 --
PASSED BY THE CITY COUNCIL: G - 6 " CC
PUBLISHED: 7 7-
gg
EFFECTIVE DATE: 1 -b2 -
ORDINANCE
/a --ORDINANCE NO.: / L/ 7p
3483C2
((J
day
Page 2
• •
SUMMARY OF ORDINANCE N0. /id/( 7t
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, ENACTED PURSUANT TO
RCW 35A.14.330, AMENDING THE COMPREHENSIVE LAND USE POLICY PLAN MAP,
ADOPTING ZONING REGULATIONS AND ADOPTING A ZONING MAP TO PROVIDE FOR
THE AREA DESCRIBED AS 13530 -53rd AVENUE SOUTH AND PROVIDING THAT SAID
AREA SHALL BECOME SUBJECT TO SAID ZONING REGULATIONS UPON ANNEXATION
TO THE CITY OF TUKWILA.
On 4 , 1988, the City Council of the City of Tukwila
passed dinance No. /V 70 , which provides as follows: Amends
the City of Tukwila Comprehensive Land Use Policy Plan Map and adopts zoning
regulations and zoning map for property located at 13530 - 53rd Avenue South;
said regulations and map to become effective upon annexation to the City of
Tukwila of said area or any part thereof; and 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 !L, , 1988.
3483C2
NE ANDERSON, CITY CLERK
4;''(e%744fr(L4--eL-4--(---
Page 3