i ordinance 4l - seattleclerk.seattle.gov/~archives/ordinances/ord_116794.pdfshall become a law...

46

Upload: others

Post on 05-Jul-2020

5 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,
Page 2: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,
Page 3: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

I ORDINANCE4L

3

4

5

6

AN ORDINANCE rezoning portions of the Northgate area.

WHEREAS, Ordinance 114799, adopted November 22, 1989, authorized the Plannin 9

Department and the Engineering Department to prepare a Northgate Area

Comprehensive Plan; and

WHEREAS, a Draft Environmental Impact Statement published in November 1991, and ai

Final Environmental Impact Statement published in June 1992 were prepared for,the

Northgate Area Comprehensive Plan and implementing actions; and

WHEREAS, development activity in the Northgate area is occurring at a faster pace than

the amount of growth projected in the City's adopted Land Use Policies, and the'

1

existing street system is not designed to accommodate the demands of suchrapid

growth; and

WHEREAS, the Northgate Area Comprehensive Plan is consistent with the Framework,Policies of the for the Comprehensive Plan; and

i

WHEREAS, the Northgate Area has been identified by the Joint Regional Policy

Committee as a High Capacity Transit station location for the proposed Regional

Transit Project; and

141

WHEREAS, Resolution 28629, nominated to the Growth Management Planning Council

of King County, the core of the Northgate Overlay District as an urban center; 11

WHEREAS, The Northgate Area Comprehensive Plan identifies an underlying policy ofi

concentrating growth in the core of the Northgate area in a manner that enhance,,'siaccess and circulation for pedestrians and transit, to reduce reliance on the

automobile; and

19

20

21

22

23

24

25

26

27

28

WHEREAS, the Northgate Area Comprehensive Plan encourages the use of the Northglate

Mall as an urban scale, regional shopping center; and

WHEREAS, the City Council received the Mayor's Recommended Northgate Area

Comprehensive Plan on May 11, 1992, and conducted public hearings on the

proposed Plan on June 11, 1992 and on June 2, 1993; and

WHEREAS, the City Council finds that portions of the Northgate area should be rezon~d

to help achieve the goals of the Northgate Area Comprehensive Plan, and that s6ch

rezoning will protect and promote the health, safety and welfare of the general

public;

NOW THEREFORE:

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

i

Section 1. Attached to this ordinance are 13 pages of zoning maps, which maps arei

- I -

CS 19.2

Page 4: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

I

2

3

4

5

6

7

8

9

10

I I

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

identified in Attachment A and which are incorporated herein by reference. The areas on

these maps which show a change in zoning designation are hereby rezoned to the zoning

classification shown for such areas on the maps. These maps are hereby adopted as

amendments to the Official Land Use Map, SMC 23.32.016.

For most rezones the boundaries of the rezoned areas are the same as the previous

boundaries. If the new boundary is different from the previous boundary, the new

boundary will be identified in feet. (However, not all boundary segments shown in feet,

reflect a new boundary, but are shown to help locate old boundaries as well.)

A portion of the rezone shown on page 8 of Attachment A is hereby subject to q.,

Property Use and Development Agreement, attached as Attachment B, and incorporated' by

reference.

Section 2. The provisions of this ordinance are declared to be separate and

severable. The invalidity of any particular rezone accomplished herein shall not affect the

validity of any other rezone.

Section 3. This ordinance shall take effect and be in force thirty days from and::~

after its passage and approval by the Mayor; otherwise it shall take effect at the time it:::

shall become a law under the provisions of the City Charter.

PASSED by the City Council the -~~ day of A,~D, 1993 and

signed by me in open session in authentication of its passage this_

QLYI~d~ day of

Aonu,A-,

1993.U-

-2

CS 19.2

Page 5: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

I

2

3

4

5

6

7

Approved by me this X" day of 1993.

Filed by me this jL day of 1993.

BY:

8

9

10

I I

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

(SEAL)

Published:

28 1

- 3

Deputy

CS 19.2

Page 6: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

SF 7200

SF 7200

SF 7200

127rH

NORTHGATE OVERLAY DISTRfCT Attachment "A "Page

NE BROCKMAN A

SF 72oo

Page 7: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 221 W Page 7, Offic,

1092mawm~

NORTHGATE OVERLAY DISTRICT Attachmen

Page 8: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

,NORTHGATE OVERLAY DISTRICT Attachmen

Page 9: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 226W Pa e 15, Off Land Use Map

I'VIN

N. 113 rH

M

IMM

LN

113T14I

PL

-NORTHGATE OVERLAY DISTRICT Attachment " A Page 4 of 13

Page 10: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

9

2ffigm gquam

NORTHGATE OVERLAY DISTRICT Attachment " A 13

ac ie s lot 13

Kroll 226WPage 151 Ofi, Land Use Map------- - -----

Rezone MR,

NC2/40t, &a

mp

;

CI/65'to L-4

Page 11: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 226E Page 16, Ofi,.

Land Use M

E 1/2 29'2___j L-

NE 124TH ST

SF 7200

SF 7200

SF 7200

I'NE U4TH ST

F~r--7~lm

,NORTHGATE OVERLAY DISTRICT Attachmen

NE 125 ST

SF 7200

NE 120 TH ST

E 123RD ST

Rezone L-3to L-2

I

SF 7200

E 117 TH ST

Page 6 of 13

Page 12: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 226E Page 16, Off' Land Use M

999429MIMM

26f NE 115THIST

Mw-~

OEM

*.

NORTHGATE OVERLAY DISTRICT Attachment

010~

i

Page 13: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

owftr~~

RI-11-M

F-M

00-y

NE 107TH ST

,NORTHGATE OVERLAY DISTRICT Attachment " A Page 8 of 13

Page 14: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 227WPa

11D

7200123RD. sr

sm

MMUNISHMMEM

WAMMM

.NORTHGATE OVERLAY DISTRIOT Attachmen

momomm

Page 9 of 13

Page 15: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

In"'roll 233WPage 28, Of~ Land Use Map

W

NORTHGATE OVERLAY DISTRICT Attachment "A 11

Page 16: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Kroll 233W Page 28, Ofi~ Land Use MapFft~~

0 M ISMIESINNINM

NORTHGATE OVERLAY DISTRICT Attachment "A "Page 11 .of 13

Page 17: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

MMMWKM

NORTHGATE OVERLAY DISTRICT Attachment " A

Page 18: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

N.

SF 5'00C

F 5000

SF5000

AE:~~

SF 5000

SF 5000

SF 5ooo

SF5000

SF* 5000

SF 5000

SF 5000

NORTHGATE OVERLAY DISTRfCT Attachment " A "Page 13 of 13

Kroll 233E Page 129, Off Land Use Map

Page 19: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

EXIBIT 1

I--

i

__m

L iIBIX3! k4-

Page 20: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

L11 1

I

2

3

4

7

8

10

I I

12

11

ORDINANCE

AN ORDINANCE rezoning portions of the Northgate area.

WHEREAS, Ordinance 114799, adopted November 22, 1989, authorized the Planning

Department and the Engineering Department to prepare a Northgate Area

Comprehensive Plan; and

WHEREAS, a Draft Environmental Impact- Statement published in November 1991, and a

Final Environmental Impact Statement published in June 1992 were prepared for.: the

Northgate Area Comprehensive Plan and implementing actions; and

WHEREAS, development activity in the Northgate area is occurring at a faster pace than

the amount of growth projected in the City's adopted Land Use Policies, and the:

existing street system is not designed to accommodate the demands of such rapid

growth; and

WHEREAS, the Northgate Area Comprehensive Plan is consistent with the Framework::

Policies of the for the Comprehensive Plan; and

WHEREAS, the North-ate Area has been identified by the Joint Regional. Policy

Committee as a High Capacity Transit station location for the proposed RegionalTransit Project; and,

14 WHEREAS, Resolution 28629, norninated to the Gi-owth Management Planning Council

of Kin- County, the core of the Northorate Overlay District as an urban center:15

WHEREAS, The Northgate Area Corn-prehensive Plan identifies an underlyinc, policy Of16 Con cell trann growth in ihe core of the North-ate area in a manner that enhance~Z_

access and circulation for pedestrians and transit, to reduce reliance on the17

automobile; and

18

19

20

21

22

23

24

25

26

27

28

WHEREAS, the Northgate Area Comprehensive Plan encourages the use of the NorthZn

alte

Mall as an urban scale, regional shopping center; and

WHEREAS, the City Council received the Mayor's Recommended Northgate Area

Comprehensive Plan on May 11, 1992, and conducted public hearmus on thetl

proposed Plan on June 11, 1992 and on June 2, 1993; and

WHEREAS, the City Council finds that portions of the Northgate area should be rezoned

to help achieve the goals of the Northgate Area Comprehensive Plan, and that sl.16

rezoning will protect and promote the health, safety and welfare of the general

public;

NOW THEREFORE:

I

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Attached to this ordinance are 13 pages of zoning maps, which maps::are

- I -

CS 19.2

Page 21: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

identified in Attachment A and which are incorporated herein by reference. The areas 6n

11

ese- mays w c s ow a ,, ange n zoning es gnat. on arr-- er y rezoned to the zoning

ID 11 1 1 1r: 11 4!'-

R

10

1 1

12

16

17

18

19

20

21

22

23

U lallll'~. UaL on s own r such areas on the maps. I hese maps are hereby adopted as

amenuments to the Official Land use Map, SIVIC 2-3-322.016.

Por most rezones the boundaries ot the rezoned areas are the same as the previous

boundaries. If the new boundary is different from the previous boundary, the new

boundary will be identified in feet. (However, not all boundary segments shown in feet

reflect a new boundary, but are shown to help locate old boundaries as well.)

A portion of the rezone shown on page 8 of Attachment A is hereby subject to

Property Use and Development Agreement, attached as Attachment B, and incorporated': by

reference.

Section 2. The Provisions of this ordinance are declared to be separate and

severable. The invalidity of any particular rezone accomplished herein shall not affect the

validity of any other rezone.

Section 3. This ordinance shall take effect and be in force thirty days from and!

after its passage and approval by the Mayor; otherwise it shall take effect at the time A]

shall become a law under the provisions of the City Charter.

PASSED by the City Council the day of A, 2) 1993 and\J

--

signed by me in open session in authentication of its passage this ~L day of__QZY~,d

1993.

-V,Ep,\President of the City CNncRTIC D

-2

CS 19.2

Page 22: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

2

4

7

8

10

12

13

17

18

19

20

21

22

23

24

25

26

27

28

Approved by me this IV day of

Filed by me this day of

(SEAL)

Published:

(R 7

momN

BY:

W.W.

mom

CS 19.2

k

DOputy

Page 23: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Seattle

F-Agineering Department

Gary Zarker Director

Room 910. Seattie Municipal Buildrig, Seattle, Washington 98104-1879

Letter of Transmittal

TO: El i zabeth C. Revea I DATE 10/1/93 JOB NO.~'W 93014

Director of Finance RE: Olson's Market ProDertv Ute and

Development Aqreement

ATTN, Margaret Carter

WE ARE SENDING YOU ATTACHED

SHOP DRAWINGS PRINTS

COPY OF LETTER

UNDER SEPARATE COVER VIA-------THE FOLLOWING ITEMS:

0 REPRODUCIBLE PLANS SPECIFICATIONS

Copies Date Number DESCRIPTION AND REMARKS

K.C. Recording Number 9308041575 -_Property Use and Develop:mept

Agreement

Please reference to C.B. 109755 which pertains to that r~al

property located 'in Blocks 4 and 5., Munson

&am

p; Custer's Addition

to Green Lake Circle.Q'-

~Iea-seno f this office of the number assigned noti:~y same

on the duplicate copy attached thereto,

Seattle 'EnOneering Department

Property A Court Services

710 Second Avenue, Room 650

-Sea-tt -1e -,W- -A 98104

Mail Stop: 13-06-50

THESE ARE TRANSMITTED AS CHECKED BELOW;

FOR APPROVAL APPROVED AS SUBMITTED

FOR YOUR USE APPROVED AS NOTED

AS REQUESTED RETURNED FOR CORRECTIONS

FOR REVIEW AND COMMENT EX]

COPIES TO:

RESUBMIT------COPIES FOR APPROVAL

El SUBMlT-.------COPIES FOR DItMBUTION

El RETURN.-----CORRECTED PRINTS

0 PRINTS RETURNED AFTER LOAN TO US

Councilperson Sue DonaldsonS i g n e d -it4,4

Director, DCLU Title----,Title Examiner

ENG FORM 71C

-Q-i,r-ect,or,D1ept.__Qf Neighborhoods 7 557

CS 7 267 REV. I GoIF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE.

Page 24: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Tn-#

Property,-& Court Services650 Dexter Horton Building

710 - Second AvenueSeattle, WA J8104-1704

MACHMENT B

C.B. 109755

PROPERTY USE AND DEVELOPMENT AGREEMENT

THIS INSTRUMENT, executed this date in favor of the City of::

Seattle, a municipal corporation (herein called "City"), by the

owner, Supermarket Development Corporation, a Washington

Corporation, (herein called "Owner") of the within described

property:

WITNESSETH

WHEREAS, Owner owns a fee simple and/or substantial

beneficial interest in the following described property, (hereini.

called the "Property"):

PARCEL A:

Lots 1 through 40 in Block 4 and Lots 13 through16 in Block 5 of Munson

&am

p; Custer's Addition to Green

Lake Circle, as per plat recorded in Volume 5 of Plats,Page 88, Records of King County;

TOGETHER WITH the vacated alley lying within saidblock 4, as vacated by order entered January 6, 1941 inVolume 39 of Commissioner's Records, Page 106, Recordsof King County;

AND EXCEPT those portions of Lots 13 through 16 of,,,said Block 5 lying within the South 35 feet of the west

alley adjoining said lots in said Block 4 conveyed toKing County and the City of Seattle by deeds recordedunder King County Recording Numbers 1995551 and6434209, for widening of Roosevelt Way Northeast;

EXCEPT those portions of Lots 1 and 40 and vacated

.1/2 of the northeast 1/4 of the southeast 1/4 of

-1hjKing county Superior Court cause Number 144182 and~ap-propriated by King County in condemnation proceedings

-.:Section 29, Township 26 North, Range 4 East W.M.

Nbttheast Northgate Way (Northeast 110th Street);-

cbt

rhveyed to the City of Seattle by deed recorded underK94ig County Recording Number 8109150061 for widening

1

Page 25: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Situated in the City of Seattle, County of King,State of Washington.

PARCEL B:

Lots 17, 18, 19, and 20 in Block 5 of Munson

&am

p;

Custer's Addition to Green Lake Circle, as per platrecorded in Volume 5 of Plats, Page 88, Records of KingCounty;

EXCEPT those portions conveyed to the City ofSeattle for Street purposes by deed recorded underRecording Number 8107080128;

Situated in the City of Seattle, County of KingState of Washington.

WHEREAS, The Northgati~.! Area Comprehensive Plan identifies

M

concentrated development pattern and pedestrian orientation; and':~

changes to the zoning in the Northgate area to encourage a more

will comply with the following conditions if the Property is

rezoned to the NC3/401 zone classification:

Section 1. Development of the property shall be

accomplished in accordance with the following conditions:

agrees on behalf of itself and its successors and assigns that it:I

WHEREAS, the Mayor and the City Council's Growth Policies

and Regional Affairs Committee recommend that the Property be

rezoned from C1/401, L-2, and SF 7200, to NC3/401, subject to

various conditions including conditions related to building

location, screening, noise, drainage, open space, parking,

maintenance, vehicular access, and loading.

NOW, THEREFORE, the Owner hereby covenants, bargains and

2

Page 26: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

A., General

1) This agreement is predicated upon the eventual

submittal of a Master Use Permit (11MUP11) application t6

construct a grocery store ("store") on the Property, as

shown on a "Preliminary Site Plan" for the store, dated

June 10, 1993 and showing revision No. I dated June 23:~

1993, and attached hereto as Exhibit 1. The conditions:

prescribed in this agreement are in addition to any

other requirements or conditions which the City may

lawfully establish. In the event of a conflict betweeh

such requirements or conditions and the terms of this

agreement, this agreement may be amended or the Councii

may take such other action as may be desirable to

reconcile the conflict.

No application for a MUP may be approved unless

the terms of this agreement have been met.

In the event an application for a MUP for the

store is not submitted or approved, any person who own!9:

all or a portion of the Property may propose an

amendment to this agreement, propose a new agreement,

or propose a rezone of the Property to enable its use

or development.

B. store Location. Size and Design

2) The store shall be located along Roosevelt Way NE on

the west and northwest portion of the Property,

3

Page 27: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

substantially as shown on Exhibit 1. In general

parking shall be located on the eastern portion of the::

Property, substantially as shown on Exhibit 1. Most

open space should be located along the eastern edge

the property.

3) The store shall not exceed 50,000 square feet.

of::

4) The store facade along Roosevelt Way NE shall provide

features of interest and use to pedestrians, such as

display and vendor windows, and architectural

modulation to avoid a large, visually monotonous wall.

C. Access to the Site from NE 112th Street

5) Access to the Property from NE 112th Street is limited

to one driveway which must be located within 250 feet

of Roosevelt Way NE. The Owner shall construct a neck

in NE 112th to the east and adjacent to the location

where the driveway connects to NE 112th. The neck

should be composed of curb bulbs and distinctive

paving; however, the specific design and location of

the neck shall be approved by the Seattle Engineering

Department.

The Owner shall pay for the installation of a traffic

signal at the intersection of Roosevelt Way NE and NE

112th Street, the type of signal to be determined by

the Seattle Engineering Department. The Owner shall

install or pay for the installation of other

4

Page 28: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

improvements to that intersection which are determined:

to be necessary by the Engineering Department and

resulting from development of the store.

7) In addition to any sign authorized by paragraph 20

(open space signs), the Owner may have only one

identification and directional sign on the north side

of the Property. The sign may be located no further

east than fifty feet from the west side of the store.

The sign face may not exceed five feet by seven feet in:

size.

D. Landscapinq and Buffers

8) The Owner shall prepare a landscape plan for the

Property. The plan shall be submitted to DCLU with the

application for MUP approval. The plan shall be

reviewed by the City Arborist and approved by the

Director of DCLU before approval of the MUP.

9) The Owner shall provide a landscaped buffer along the

south side of NE 112th Street, east of the driveway

into the Property. The buffer shall be thirty feet

wide and may be located in part upon the public right

of way. The north side of the buffer may be the

curb line as established by Seattle Engineering

south::

Department standards, including the curb line for a

cul-de-sac in the event a cul-de-sac is required by th6

MUP.

5

Page 29: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

The buffer shall be constructed to substantially

obscure the parking lot during all seasons of the year::

as viewed from the Single Family zoned area across NE

112th Street. The Owner will work with the City

Arborist to maximize the number of trees in the buffer.~:

The buffer shall be shown on the landscape plan.

The Owner shall provide an aesthetically pleasingi

wall, no less than 5 feet high. that extends east from]:

the access driveway to the end of the paved section o

NE 112th. The wall should be located at the south sid6

of the buffer, between the buffer landscaping and the

parking lot.

10) The Owner shall construct a sidewalk and provide a

landscaped planting strip, both to Seattle Engineering]:

Department standards, along the north side of NE 112th:

Street between Roosevelt Way N.E. and the east, paved

end of 112th, within the street right of way. In lieui

of such construction, the Owner may construct the

sidewalk and planting strip on the south side of NE

112th, in which case the buffer required by section 9

of this agreement shall be no less than twenty feet

wide.

11) Trees located in the existing Single Family and L-2

zoned portions of the Property shall be retained

wherever possible and shall be shown on the landscape

plan.

6

Page 30: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

12) The owner shall provide a minimum of fifteen feet of

landscaped buffer between Northgate Way and adjacent

parking on the Property. The buffer shall not obscure]

the open space area from public view and access. The

Owner shall reconstruct the sidewalk along the north

side of NE Northgate Way if necessary to meet sidewalk':

standards which are otherwise applicable.

13) Landscaping in, and adjacent to, the parking lot should

be of the same the general nature, design and material~,;

as the Northgate Transit Center, as described in the

documents "Memorandum to METRO Northgate Design Team

from Barbara Oakrock" and attachments, included in

Council File 298664.

14) The owner shall maintain the landscaped buffer and opei~

spaces, including that in the public right-of-way alon4

NE 112th Street, and must replace plants when necessary:

if the plants are dead, dying or diseased.

Replacements shall be of a size and species that is

similar to the original plants at the time they were

planted.

15) Only the portion of the landscaped area within the

Property shall be counted toward the Property's open

space requirement; landscaping maintained on City

right-of-way or other property may not be so counted.

7

Page 31: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

E-, TrAnsit Access

16) The Owner shall provide walkways from transit stops

along NE Northgate Way and Roosevelt Way NE to the

store entrance(s).

17) The Owner shall provide space adjacent to the main

store entrance as a loading area for a transit at such::

time as transit service to the store is provided. The!,

loading area must be of sufficient size to accommodate:

a bus for twenty-four passengers.

wt F. Vacation of NE 111th StreetAft.

M01

ordinance.

site and adjacent to other open space which is required

by the Land Use Code and pursuant to the Critical Areai

8

space should be reserved on the eastern portion of the::

18) No MUP shall be issued for the store unless NE 111th

Street is vacated first. In addition to any other

requirement for approval of a street vacation, and in

exchange for granting the street vacation, the City

Council may consider requiring the Owner to reserve

from the Property an amount of land for open space

which is equivalent in area to the area of the street

being vacated which reverts to the Owner. This open

8

Page 32: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

open SRace

19) In addition to open space which is required pursuant

the Land Use Code or the street vacation, the owner

t6

shall reserve open space along the eastern edge of the::

ordinance. This open space shall be located along thei

length of the tributary to Thornton Creek which passes]

through the Property, and shall consist of a minimum 50

Property to meet requirements of the Critical Areas

foot wide buffer as prescribed for a Class A Riparian

Corridor.

20) The Owner shall restore that portion of the channel of~:

the tributary to Thornton Creek which is located on thf~~

Property to a natural condition before issuance of a

certificate of occupancy for the store. A restoration:~,

plan shall be prepared by a wetlands biologist and

approved by the Director of DCLU.

21) The Owner shall erect signs which are readily visible

from Northgate Way, Roosevelt Way NE, NE 112th Street,::

and from the store. The signs shall state that the open

space is available to the public and show how to get t6

the open space.

22) The Owner shall provide a buffer (e.g., hedge) and/or

berm between the parking lot and the open spacef

however the buffer shall not obscure the open space

from the parking lot. Pedestrian access to the open

space from the parking lot shall be provided.

9

Page 33: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

23) The Owner shall provide a childrenfs play area in the

open space, but the play area shall not be located

within 50 feet of Thornton Creek. The Owner shall

provide furniture for sitting at the play area and

street.

I,

playground equipment. The play area shall be separated

from Northgate Way by a safety barrier or some other

method which will prevent children from going onto tha,t

H. Parkina

24) Runoff from the parking lot is prohibited from entering

Thornton Creek unless the water has first been subject'~

Mto the separation, removal or treatment of contaminanti,s

trees shall be shown on the landscaping plan.

27) There shall be no pedestrian access from the sidewalk

along the eastern (narrow) portion of NE 112th Street

to the parking lot.

the Property.

26) Each parking stall in the parking lot shall be within

40 feet of a landscaping tree, and the location of the.,

in a manner approved by the Seattle Engineering

Department.

25) The Owner shall construct a convenient, attractive, and

direct pedestrian walkway across the parking lot from

the storefront to the open space on the eastern edge olf

10

Page 34: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

1. illumination

28) Illumination on the Property shall be directed away

from adjacent single family residences. The open space::

area adjacent to the parking lot shall be illuminated

to provide security.

J. Noise Reduction

29) Receiving areas, truck loading and refuse storage are

prohibited on the side of the store facing NE 112th

Street. The Director of DCLU may condition the MUP to~:,

mitigate potential noise problems. Potential measures,,

may include, but are not limited to: additional

landscaping, enclosure or partial enclosure of sound

sources, sound barriers or fences, -mounds or berms,

additional yards or setback areas, and other design

modifications.

Section 2. This Property Use and Development Agreement

(hereafter "Agreement") shall be recorded in the records of King'::

County and the covenants hereof shall be deemed to attach to and::

run with the Property and shall apply to after-acquired title

the Owners of the Property.

Section 3. This Agreement may be amended or modified by

of

agreement between the Owner and the City; provided such amended

agreement shall be approved by the legislative authority of the

City by ordinance. Nothing in this Agreement shall prevent the

City Council from making such further amendment to the Zoning

11

Page 35: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Ordinance or Land Use Code as

interest.

it may deem necessary in the public'

Section 4. In the event any condition or restriction

hereinabove contained or any portion thereof is invalid or void,

such invalidity or voidness shall in no way effect any other

covenant, condition or restriction contained herein.

DONALD W-._,_BENSEN

Executive Vice-President

,1993.

Supermarket Development Corporation

STATE OF WASHINGTON)

COUNTY OF KINGss.

I certify that I know or have satisfactory evidence that,are the persons whoand

appeareTbefore me,and said persons acknowledged that he signed',:

this instrument and acknowledged it to be his free and voluntary!act for the uses and purposes mentioned in the instrument.

DATED:

(Print NaNOTARY PUBLIC in and fo~ the'State"of

Wasnington, reslaing at

My appointment expires

*~,~ - L - 2 1--

12

Page 36: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Seattle

Department of

Parks and, Recreation

Board of Park Commission.ers

William C, Arntz, Chair

Harvey S. Poll

John Hancock

Jane Sylvester

John Little

Margaret Ceis

Robert Santos

Holly Miller, Superintendent

BOARD OF PARK COXXISSIONERS

RR--jS_ENT.* William Arntz, ChairMargaret Ceis, Vice ChairJohn HancockBob SantosHarvey Poll

SIA_F,F: Holly Miller, SuperintendentLana Krisman, Park Board Coordinator

Bill Arntz convened the regular meeting of the Board ofCommissioners at 7:00 p.m. at 100 Dexter Ave. N.

The age.nda. was approved as distributed.

XTN~LTEg__OF July 22 and Au"st 12, _1993

The minutes of July 22 and August 12, 1993 were approved asidistributed.

CORRESPONDENCE

The Board received a packet of correspondence which will be nadel.part of the public record. In addition, the Board received an]announcement for the WRPA Board and Commissioln Workshop and a copy.jof a letter to Mayor Rice from the Bathhouse Theatre Co. expressingilconcerns for violence in parks particularly at Green Lake.

100 Dexter Avenue NorthSeattle, Washington 98109-5199 (206)684-5066

Persons with disabilities will be accommodated on request. TDD (206)233-7061An equal employment opportunity - affirmative action employer.

"Printed on Recycled Paper"

Page 37: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Page'2

ORAL RRgLUESTS VTD COMMUNICATIONS FROM THE AUDIENCE

George Deleau, Tennis Advisory CouncilJames Dya.r, Greenlake Community CouncilRon FreemanBob GuaufBill SheetsKathy Whitman, DOPARKevin Stoops, DOPARMargaret CoughlinKyle and Ruth Shaw

SUPERINTENDENT'S REPORT..........

Adopt-a-Park Volunteer Recognition - The volunteer recognitionpicnic will be Septe'.."iber 11, 1993, 1-5 p.m. at Othello Playground.

Maintenance Jamboree - The next maintenance jamboree will be heldSeptember 15 at Seward Park. Grol.~i-.ids maintenance, facilitiesmaintenance and project develcpment staff get a chance todemonstrate teamwork in the .~ianageme-n-t- of our parks.

Seattle Art Museum - Legislation appropriating funds to fix thefacade at the museum will go before Tom Weeks Finance Committeenext week.

SPIF - The SPIF Resolution was approved by City Council on August3 0 with the exception of three amendments relating to the proposedArboretum/Lakeside Trail, the proposed Elliott Bay Marina to 32ndAve. West Trail and the SPIF Committee's proposed Street EndPolicies.

GREEN LAK, WAUR.._QUALITY UPDATE (Kevin Stoops)

Green Lake is a shallow lake that is highly eutrophic, or rich innutrients which promote plant growth. Although the lake remainsheavily used, residents' enjoyment of it has been diminished by itspoor water quality.

The water quality improvement program calls for improvingstor7-water controls, harvesting lake vegetation, alum treatment,diluting the lake, managing waterfowl around the lake, andproviding public education. Lastly, a water treatment plant, whichwould take water from the lake and return clean filtered water backinto the lake, is both an expensive and somewhat controversialoption for improving water quality.

Alum was applied to Green Lake between October 23 and Oct ober 30,1991. Total phosphorus concentrations were substantially lowerthan before the alum/sodium aluminate treatment and the treatment

Page 38: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Page 3.

produced a noticeable improvement in water quality during 1992.

The proliferation of milfoil in the lake does interfere with~recreational. activities and generates numerous complaints. An,

aquatic plant harvester purchased by the Departnent has beencutting and removing milfoil since August 1992.

The effectiveness of the treatment will be extended by control of:external nutrient sources such as stormwater and waterfowl wastes'.

As directed by the City Council, the Department has monitored an~kept water quality-data on the lake for two years. A decision will.be made by December of this year regarding the treatment plant.

SANDPOINT REUSE-MGNUSON PARK EXPANSION,(KqVin StP2PS)

Kevin reviewed the Mayor's plan for Sandpoint Reuse and also the'.

various federal, state, local and private agencies proposals fokvarious uses of the former Sand Point Naval Air Station.

I:

The City's plan for Sandpoint has examined the large number of,

buildings and found them to be seriously outdated in terms oi:

seismic and other standards. In addition, asbestos was used,essentially everywhere in the buildings, Accessibility issues ar0-1

present in all of the buildings. Several zones have been,,.

established based on the various uses that have been proposed fotthe site. The northern zone, including Building 27 includes 1506.

feet of waterfront which is being proposed as the location ofsailing center much like the Mt. Baker Rowing and Sailing Center.,Building 27 has also been proposed by the Tennis Advisory

Councij~as a location for a tennis center. At the center of the naval. basar-ea, Allied Arts has proposed an art center, an outdooi.a-mphitheater and an artwork exhibition area. There is a large opepl,.

space area as another zone where the plan shows the restoration 0~mud lake and associated wetlands. An indoor tennis center is showp.on the plan at the southern end. When a master plan is preparedl~further study could change the location of" many elements such as A.

tennis center.

The overall park plan has a cost of approximately $40 million. Th,

Mayor has released his recommended plan and the City council ii;,

reviewing the plan.

Overall issues include the balance of park space versus housing'.

proposals, Native American School etc. and the re-use of existinqbuildings. The most controversial is the Muckelshoot Indiah,

~

Tribe's plan to acquire the property for an indian college and a4I r

industrial activity, commercial and recreational area.

Margaret Ceis asked how the Sandpoint.Liason Committeefs proposalfit into the plan. The Mayor's plan and the Committee's plan arel

Page 39: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Page -4

very similar.indoor tennis

The one area of contention is the location of acenter. The Committee is also critical -of -t+&--

George eleau ;7ntated the 'ria son Connr-A.ttee has accepted the housingas part of the plan althougdh not all are in agreement. He alsocommented on the Mayor's plan location for a tennis center. Otheroptions should be mentioned for the location of the tennis center.Indoor and o-utdoor tennis should be located together as a complex.

There will be a public hearing before the City Council on October13, 1993.

The Planning Department is conducting a traffic analysis for thesite. The p].~:-,-n shows adequate parking and in addition more parkingcould be provided on the weekends by NOAA.

SMALL BOAT..... A.C.QWSS TO PARK SHORELINES (Kathv Whitman)

Earlier this year Kathy attended a Park Board meeting to discuss apossible change in the Park Code. In Section 18.12.180 of the ParkCode, lard.~.ng of boats is prohibited except in designated areas.Severl-.l c;ltizens in the kayak.i-ng community contacted the Departmentand Ulie Park Boa,rd recfuestinq a change in policy that would allowthem to launch small boats at Alki without getting ticketed by thepolice.

The Shorelinp Access Task Force was formed to study the issue andThe consensus of the group was as

f foc~~is o-r: Alki Peac~i as a separate issue, no changes tothe Code, of police intent for enforcement ofexisfting laws, target coi-.1--,-.munjLcation to boating population, utilize

;a-.1 ~~omm-unity publication to increase publicity aboutth.e laws.

A reco-r-imanded. solution included consolidation of signage at thepark and improved marking of the beach area at Alki to easily showthe designated launching area, which would be visible from bothland and water.

The Task Force was in agreement that there should be access fornon-motorized hand-carried boats (kayaks, canoes, sailboards, rowboats, etc.) throughout the park system, but felt that Alki alone

be the focus of a solution to the current problems.

sea.t-lie continue to have concerns for safety and arefocus ing on keep,1ng, boaters and swimmers separated.Harvey Poll coni~ i-ted a park staf f person directing traf f ic andmonitoring activity on the beach would be helpful.

Page 40: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

I

SAILING ON GREEN LAKE (Kathy Whitman)

The Department is now beginning the process of making plans to'

inplement a sailing program on Green Lake for the Spring of 1994.~

The past relationship with Seattle sailing Association was!

terminated in July due to continued leg~al and liability concernqwhich could no be resolved.

A sailing planning team was put together to design a program thatI

is balanced in the variety of programs offered, connections withthe public school system and more committed to youth. 1,

The final recommendation will be presented to the Park Boardii,

early October. A hearing nay also be scheduled in late October~This tight schedule will allow. a sailing program fully operationaj

by Spring 1994.

FMtgre Agetda

The Board is scheduled to be briefed on Sept. 23 by the Green Lak~~

Path Advisory Committee on their recommendations for solutions tol

conflicts on the path. A joint Committee/Park Board public hearin4

I

will then be scheduled on October 6 or 7. A definite date should b6

set soon for the hearing.I

Bill Arntz moved the meeting be adjourned. The motion was secondedi

and passed.

Prepared by Lana KrismanAPPROVED BY

William Q:;2Arntz, Chair

Date92

I

*A full tape-recorded transcript of the September 9, 1993 minute-~31

is maintained at 100 Dexter Ave. N.

Page 41: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

BOARD OF PARK COMMSSIONERSTbursday, September 9, 1993

Audk,,nce Participation

stgu-ln she"."t

~Lame Mailin,2 Address Phone

-~"tj --~- 7- z - 'P- ?- 0A,-" 1? IF I/

j0-h i~,v ~ -

A

4, /,~9.?'7 - Z I/ ~,

-k- fpwIAAK

Page 42: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

Your City, Seatfle

PLANNNG DEPARTMEENT

J. Gary Lawrence, Director

Norrnar, B. Rice, Mayor

MEMORANDUM

June 21, 1993

TO: Council President George Benson, Seattle City Council

VIA: Diana Gale, Director, Office of Management and Budget

FROM: J. Gary Uwrence, Director, Planning Department,

SUBJECT: Northgate Area Comprehensive Plan

REQUEST: We request that the City Council adopt the attached ordinance rezoning

portions of the Northgate Overlay District.

BACKGROUND: The commercial zoning in the core of the Northgate Overlay District

is primarily Cl. One of the primary goals of the Northgate Plan is to increase the

density of development in the core area in a manner that supports the pedestrians

activity and the use of transit. The Northgate Plan recommends changing the C1 zoning

to NC3, to bring expected new development out to the street, thereby reducing the

walking distance between buildings, as well as between buildings and the street.

FUNDING: This action would not effect the City's budget in any way.

IMPORTANCE: City Council action will implement a primary element of the Northgate!

Plan.

Enclosure

cc: Mary Denzel, City Council central staff

Rick Krochalis, DCLUJoan Rosenstock, Planning Department

Ar oquai empbymenl opportunity - affirmalive action erriptoyer.

City of Seattle, Pianning Dapartment, 600 4th Avelues, Room 2CDO Vmuriic,~pad Sulie.,

ir-ig, See~c!~ei %NasNngton 98,04-1826, (206) 684-8056

"Printed on ~Iecyclcd, Pape",

Page 43: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

City of Seaftle

Exenlut~ve Department,---C)ff iCe of Management and Budget

Diana. Ga~e, Dhector

Norman B. Rice- .Mayor

July 12, 1993

The Honorable Mark Sidran

City Attorney

City of Seattle

Dear Mr. Sidran:

The Mayor is proposing to the City Council that the enclosed legislation be adopted.

REQUESTINGDEPARTMENT Planning

SUBJECT: AN ORDINANCE rezoning portions of the Northgate area.

DIANA GALEBudget Director

DG/db/rsf

Enclosure

cc. Director, Planning

Pursuant to the City Council's S.O.P. 100-014, the Executive Department is forwarding

this request for legislation to your office for review and drafting.

After reviewing this request and any necessary redrafting of the enclosed legislation, return

the tegislation to OMB. Any specific questions regarding the legislation can be directed to

Daniel Becker at, 684-8073.

Sincerely,

Norman B. Rice

Mayor

by

Accom,,noda:,Ions~~orpeoDiew~th-d~sabi~ilesprov~c:,edo-~requ,est. An equa; employment opportunity -affirmative action employer..

Offlce of Management an~ Sudget 300 ,~,Aludcipal Suild.~,ng, Seattle, Washington 98104-1826 (206) 684-8080 (TE)1)) 684-8118

"Pi'Wee Qn Recyd8d PaPer"

Page 44: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

S"I'ATE OF WASHINGTON - KING COUNTY94

t f S t' t

City,of Seattle0 iLMNANC2 .116-1,"

AN nNAMANCP ;MPing, P~"f4'00501 t~n N

WMENW', DOfti:1 31g~ N1~2

MAI: 30

amo,int 'f 91CM0 Wm.

i~!C~cd i~~ 1~'

f~e6p'c-d10

gm'th-' and

HERE?'~S' 11,C

A~'a 1131~ ~Kn~;t

itv t'lkr"ila'~ A Wg~' C~V'c

NVHMAS'. 'T~t NVI)Ivse 'kzC,

pl-m (yn jwx i: ?uI4 ~'z

~~p 90-31S of ilh'

r Y C~f S r- Al F 3 1,

0 "~Zqr~'5 ~nops' ~A5"~z ruql~

~Z~" "A*~C'~! A~~'

;jw a "fj mn

Affidavit of Publication

The undersigned, on oath states that he isan,!

d representative of The Daily Journal of Commerce,

a,',

~v,,spaper, which newspaper is a legal newspaper of generall

n and it is now and has been for more than six monthsl

fl, date of publication hereinafter referred to, published i

1 ~ sil language continuously as a daily newspaper in Seattle,~~

)imty, Washington, and it is now and during all of said time

ed in an office maintained at the aforesaid place of

i r~n of this newspaper. The Daily Journal of Commerce]

he i Ah day of June, 1941, approved as a legal newspaperl

U0 pcrior Court of King County.

in the exact form annexed, was published in regular,

The Daily Journal of Commerce, which was regularly,

-0 its subscribers during the below stated period. The

110tice, a

7-94

'shed on

93

amount of the fee charged for the foregoing publication is

whie ount has been paid in full.a

Subscribed and sworn to before me on

Notary Public for the State 6f Wasftiiigton,

A

residipg in Seattle

Page 45: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

11 4VIMA

VOA4d55 L 6012)1

Page 46: I ORDINANCE 4L - Seattleclerk.seattle.gov/~archives/Ordinances/Ord_116794.pdfshall become a law under the provisions of the City Charter. PASSED by the City Council the-~~ day of A,~D,

a

I