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'' °c . °ate' U.µ4, R-1 •e• > 1 'iJ*_ ?' { ; I '' "F'' r ' .“ o , ;'fi y _ a I t>y 1 4 1 i.l'' y rII ; ; r r ; , tL1.'.11 Y.' 1: , s rvl_._._.S._._._._ 1 J f ) !I !' v a.l a s ' Tf.bT III 0 I 1 9 4 1 I ,I ,1/ In l i•_:Li-_. NE•+ t ,1- 'f- i—E— I' °. 4—G-7200 y'.'' F IJE 7T"_gT} 3 i__Fr-7 I ) 2 ,_•) '1 NE'.g 1k'-mg 1 , t/ r - - I 1 Yl 1, -- - , , Wit. s J n r I REZONE APPLICATION : 1 MARGARET L . AND RAY H . BALL , SR . ; REZONE APPLICATION FROM GS- 1 TO R- 1 , j FILE NO . R-083-77 ; property located on the south side of N . E . 12th Street between Pierce Avenue N . E . and Queen Avenue N . E . i 1 APPLICANT Margaret L . and Ray H . Ball , Sr.TOTAL AREA ± One Acre PRINCIPAL ACCESS N. E. 12th Street, Pierce Avenue N.E. and Queen Avenue N. E. 1 1 EXISTING ZONING GS-1 EXISTING USE Single Family/ undeveloped 1 PROPOSED USE Single Family COMPREHENSIVE LAND USE PLAN Single , Family Residential „ COMMENTS 0 ED " 0 N6 14 of gY'0 f. , El r= L:3 T.,...., . . - .., . 0 IB Cerk am eff22, 11 cob (V.L.W.b Ifsoggvont 0 &*-1 r-' ' 0 . t. oo 0 a . 1 e 0 0 IZEAIrOW I\ 9r0I0P3, El Cif. 1740 tti, .4:1 4E1 ' 0 \ autir5 I, a A Ei s Sle1 E3 n 0 ' i 0 El st-:,to. 1.r "II "/ \C:3elm. rt. t. a . k‘ it% -1 \CI AI 11rd o ,®/ .c °v 1 .3ow to f io - C doi ar-i„, io 1;21 4:3 lc] t-u- El '• ko t 43,_ 4. L. 5p3.3 ti '. 0 C3 1 NE 1137`l 5 U ci 0 1 Z ' 0 geS . r i ( 12' 1 : • • 3 r.:3 c;:i E3 123 ° 122 ci cnac ) . S ca'76 I A ' V E lO 1 0 Ng /or# cq D El El ® 1] ® I 0 1D ono o 0 0 1 ''' ire -4. ior 9WY:5'...lN. :wrk^„I.F1e1iS1a.. r i 4,..,,,,, Th., SCALE /i X00./ 1 ii? •41)61-10or Pra • • pl. M U- 6,e . L®NE NO. j -O 3-77 i 4 Margaret L. & Ray H. Ball, Sr. File No. R-083-77 r DECLARATION or RESTRICTIVE COVENANTS WHEREAS, Ray H. Ball, Sr. and his wife Margaret L. Ball are the owners of the rn following real property in the City of Renton, County of King, State of Washington, . described as follows: n •All that portion of Section 9, •Township 23N, Range 5E, N.M. described as Lrs% follows: The North 591 feet of the West 1/2 of the East 1/2 of the East r) 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 9. C.—.i NHHEREAS, the owners of said described property, hereinafter "the property," desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; • WOW THEREFORE, the aforesaid owners,hereby establish, grant and i>1Pose VI restrictions and covenant' running with the land as to use by the undersigned, T') their successors, heirs and assigns, as follows: C7 O INSTALLATION OF OFF-SITS IMPROVEMENTS The West 20 feet of the North 210 feet of the property shall be dedicated to the City of Renton for the purpose of public access upon demolition or removal of the f\ existing building within the herein described westerly 20 feet. The owners of the above described property, their 'successors, heirs and assigns, hereby agree and covenant to participate in, sign • petition in support of, and accept any Local Improvement District (LID) or city initiated proposal, and pay their fair and equitable share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improvements shall include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, undergroundinq of utilities, and street lighting. STORM DRAINAGE Storm drainage plans shall be approved by the Public Works Department, City of Renton, according to requirements of applicable ordinances and policies of the City of Renton, and, if possible, to the effect of reducing water ponding on Queen Avenue N.E. under reasonable obligations to the owners of the above described property. DURATION These covenants shall run with the land and expire on December 31, 2025, provided all of these covenants are fulfilled and completed in accordance herewith. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures n the Superior Court of Ring County by either the City of Renton or any Other property owners adjoining described property who are adversely affected by said breach. Reasonable attorneys' fess incurred during an,enforcensnt proceeding will be borne by the party or parties whom the court determines is in error and shall be entered as a judgment in such action. y H. B ' , Sr, V)' - JCS_chi3i1 / `!i`1.•% t STATE OF WASHINGTON) COUNTY OF KING ) r On this ,f% day of . 1971, before me personally appeared CO the'persons who executed the within and foregoing instrument, and acknowledged said LID instrument to be the free and voluntary act and deed of said persons for the uses CO 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. i/mil 4r{ (-%'/r.:.._ I < '. Notary.Public in and for the•9tater of Washington, residing at/ ,.'... .+ q . U N 53 7?eL 0 — n kT.,.c,.:Yy..:,r. i.-l:,rs,:•as.,::•r•:?:ur ;1R...,,e.W' ' l l I F vita" ge 84,2' 4,, ,,,,r14,,,,,„.,. -, , ,,,,--,,,,,-, ..,,,.., ' act- A,vs.-,„. - ,..,,,,:.,,,,K:„ Affidavit of Publication s NyMt ;,.V 4 4 .1 ; t•. Meld,: s M'':ra STATE OF WASHINGTON R :G+ :! .: 17} ?•gz 43.0VE sty, H,E, COUNTY Ss. . 9 V 4 v.ly 5 :}n'^ OF KING a. ` l rL, t' R". Aftit10110 'J"tat; s 1•za t .e idora...`I?}ati.~1r3 being first duly sworn on ' fl: 1 ' w i' .`Y "°•'' Y Ya aY'7 Y..,•:: sy".40''' Jyi.a,.gs}• i:A f4'sita-+3y„ 31`'a. oath,deposes and says that...wPY tEisthe .G1;:L•e•f• •G•3.r•?F of tdi!W..k...F ;g,ftis ' THE RENTON RECORD-CHRONICLE, a newspaper published four(4) s`) k 1:74'K,,,-;.rr,•;••;, • . times a week.That said newspaper is a legal newspaper and it is now and l sir;`,,."'a.:;.;,:y;`,;,".'' ,, . I has been for more than six months prior to the date of publication referred 43 i stCsa ' tto, printed and published in the English language continually as a news- O flr...;z.: -,enton;!iasrirti end= paper published four (4) times a week.in Kent,King County,Washington, s;•.! )rr! ?,4 ;?re- and it is now and during all of said time was printed in an office maintained i; at the aforesaid place of publication of said newspaper.:That'the'Renton':..; >, :::4 w Record Chronicle has been approved as a legal newspaper by order of the ,';`?, Superior Court of the County in which it is published,to-wit,King County; f({"i'`etia y Washington.That the annexed isa ..... xla zl cx• 51•3• • td1 ail, r ~ 4 3. 1 ,-:Mg,':" tOttOfi as it was published in regular issues(and h f 1+01319 : not in supplement form of said newspaper) once each issue for a period T .., of 1 consecutive issues,commencing on the, -14411#r, k(• day of 19.and ending the • 100 00,:'` `' 9 March E. may. tew,,/ vaE3ce ai F gar d tiiiid ipiiiiig: day of 19 both dates iot inclusive, and that such newspaper was regularlydistributed to its sub c ' m ..t t>>> Y scribers during all of said period. That the full amount of the fee 1Ali°" a—F - d .t.!,gin.:li charged for the foregoing 65...5,7which ltf f80` t ial, Srgggpublicationisthesumofs=,'';',,..,,.,,,, has been paid in full at the rate of per folio of One hundred words for the w. ' f,'.".. .,..,;. ,. 4K7,.4 first insertion andper folio of one hundred words for each subsequent Of"'"O fin`: ooltfoolwaww 4 t;,r insertion. 1 . ,,,, ,, 41• trort*;-. *to,f e .A 300a: 3 1C3ie.f. .C1.erk . n OtopiiitrP 1 Subscribed and sworn to before me this 9 day of rd., 'i p t ^• V "'^•- ?Y. - 1 t.'.alj>.. 1! tftie)/ttdi, .ri•vi 1 r 19 7.7 iyy',. R r , 9:'. 3.''" 0 {,c. j iu i; Notary Pufilic-tit and for the State of Wash' gton,F iet ,., 9lz} ,j residing at Kent, King ounty. a s , 10.+ '. .s lst, Passed by the Legislature,1955,known as Senate Bill 281,effective June g' 9th, 1955. y ,; ' . Western Union Telegraph Co. rules for counting words and figures, 1..'""'''''' '"a,F.; ; O....',.,,% adopted by the newspapers of the State. k- r ',-` OF R 0 THE CITY OF RENTONArm. o vER MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.98055 NA o CHARLES J. DELAURENTI MAYOR I LAND USE HEARING EXAMINER 0 L. RICK BEELER . 235-2593 0 447,ED sEel March 9, 1979 Mr. Ray H. Ball, Sr. 3607 N.E. 12th Street Renton, WA 98055 RE: File No. R-083-77; Margaret L. and Ray H. Ball, Sr Request for Rezone. Dear Mr. ;Ball: This is tonotify you that the above referenced request was approved at the meeting of the Renton ci-60, Council of March 5, 1979 by adoption of Ordinance No 3291." Sincerely, L. Rick Beeler Hearing Examiner cc: panning Department lA City Clerk r-A c XD`4144)/A979 31) p AL, r•17; r, aft 101ry CA:. ri,h( Renton City Council 3/5/79 Page 3 ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented committee Committee Report report recommending second and final readings for the following Ordinance #3288 ordinances which had been on first reading 2/26/79: Bel-Terra Rezone An ordinance was read changing the zoning classification from G R-270-78 to single family residence district R-1 for Bel-Terra Corporation property located at East side of Pierce Ave. NE between NE 10th Place and NE llth St. MOVED BY PERRY, SECOND CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-AYE: SHINPOCH, SHANE, TRIMM, CLYMER, PERRY, PROCTOR; ONE NO: STREDICKE. CARRIED. Ordinance #3289 An ordinance was read ordering construction of curbs, gutters,Ordering sidewalks, storm drains, catch basins, with left turn lane and Construction appertunances in West Valley Hwy from SW 43rd to the City Limits LID 312 Street and providing for issuance and sale of Local Improvement District Improvements Warrants LID 312. MOVED BY CLYMER, SECOND PERRY, ADOPT ORDINANCE West Valley Hwy. AS READ. ROLL CALL: ALL AYES . CARRIED. Ordinance #3290 Prior to reading of ordinance, letter was withdrawn from the Ordering agenda for reading from Rosalie F. Lobe, 2709 Talbot Rd.S. , express- Construction ing her concerns re LID 313 and relating history of water problemsLID313StreetonTalbotRd. S. MOVED BY CLYMER, SECOND PERRY, THE ADMINISTRATION Improvements ANSWER QUESTIONS OF MRS. LOBE, AND THE ORDINANCE BE PLACED ON Talbot Rd.S. SECOND AND FINAL READINGS. CARRIED. Following reading of ordinance ordering construction of curbs, gutters, drainage , paving and appertunances in west side of Talbot Rd.S. from intersection of Talbot Crest Dr. to a point 800' south, it was MOVED BY CLYMER, SECOND PERRY, ADOPT THE ORDINANCE AS READ. Councilman Stredicke asked that sidewalks and gutters on east side of Talbot Rd. are installed. ROLL CALL: 5-AYE: SHINPOCH, CLYMER, PERRY, PROCTOR, STREDICKE; 2-NO: SHANE AND TRIMM. CARRIED. First Reading The Ways and Means Committee report recommended first reading for Appropriation the following: An ordinance was read appropriating funds for for Jail Revision jail 'revisions in amount of $1 ,890. from the sale of firearms. MOVED BY CLYMER, SECOND SHINPOCH, REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. First Reading An ordinance was read appropriating $85,014.33 from Referendum Appropriation 29 Grant to Senior Center Construction Fund. MOVED BY CLYMER, Funds for Senior SECOND PERRY, REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. Center . CARRIED, First Reading An ordinance was read changing the zoning classification from GS-1 Schneider Rezone and S-1 to residence district R-2 and R-3, property located 600' north of NE 4th St. on Monroe NE, known as the Schneider Rezone. MOVED BY CLYMER, SECOND TRIMN, REFER BACK TO WAYS AND MEANS COMMITTEE. CARRIED. ordinance #3291 An ordinance was read rezoning property located on the south side Ball Rezone of NE 12th St. between Pierce NE and Queen NE, from GS-1 to single R-083-77 family residence R-1 , known as the Ball Rezone. MOVED BY PERRY, SECOND SHANE, SUSPEND RULES AND ADVANCE TO SECOND AND FINAL READINGS. Councilman Stredicke noted for the record this matter had been before the Council previously, however the restrictive covenants had not been signed but were now filed. MOTION CARRIED. Follow- ing second and final readings, MOVED BY CLYMER, SECOND SHANE, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3292 An ordinance was read vacating a portion of Taylor Ave. SW between Street Vacation SW 21st St. and 23rd St. as petitioned (Public Hearing 2/26/79) . Portion Taylor SW Councilman Clymer explained easterly portion having width of 30' - Petitioned by included in ordinance, fees paid by John Stone ($3,661 .95) and John Stone that westerly portion adjacent to property of Martin Seelig would Easterly portion be vacated by separate ordinance upon receipt of fees. MOVED BY CLYMER, SECOND PERRY, 60 DAYS ALLOTTED FOR PAYMENT OF FEES OR PETITION WILL BE DEEMED TO BE WAIVED. CARRIED. MOVED BY PERRY, SECOND CLYMER, ADVANCE ORDINANCE TO SECOND AND FINAL READING. CARRIED. Ordinance was read vacating easterly portion of Taylor SW between SW 21st and 23rd St. MOVED BY PERRY, SECOND CLYMER, ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Renton City Council 3/5/79 Page 4 ORDINANCES AND RESOLUTIONS - Continued Resolution #2248 The Ways and Means Committee recommended reading and adoption Right-of-Way of the following resolutions: A resolution was read adopting Acquisition right-of-way property acquisition procedures. MOVED BY CLYMER, Procedures SECOND SHINPOCH, ADOPT THE RESOLUTION AS READ. CARRIED. - Resolution #2249 A resolution was read transferring $900,000 from Street Forward Fund Transfer Thrust Fund, 6% interest, to be repaid not later than 6/30/79. pending receipt of tax monies. MOVED BY CLYMER, SECOND PERRY, ADOPT RESOLUTION AS READ. CARRIED. Resolution #2250 MOVED BY CLYMER, SECOND PERRY, SUSPEND RULES AND READ LETTER FROM Final Plat AGENDA. Hearing Examiner's recommendation of approval with res- Approval trictive covenants, Victoria Park #4 Preliminary and Final Plats Victoria Park #4 PP-299-79 and FP-300-79.. Property located in the vicinity of South 26th St. and Talbot Rd. S. Refer to Ways and Means Committee for approving resolution. MOVED BY CLYMER, SECOND PERRY, TO CONCUR. CARRIED. Councilman Stredicke inquired re street improvements on Talbot Rd.S. , being advised by Public Works Director that developer has agreed to meet conditions set by the City. Councilman Stredicke requested the record clearly indicate that improvement consists of curbs, gutters, sidewalks (off-site .i.mprovements)on Talbot Rd.S. City Clerk Mead read the resolution approving final plat of property west of existing Victoria Park Subdivision on east side of Talbot Rd. (Before the Hearing Examiner 2/13/79) MOVED BY PERRY, SECOND CLYMER, ADOPT THE RESOLUTION AS READ* Michael Hanis, 405 S. 4th, representing developer, Stan Davis of Valley Cement, explained the previous events and reluctance to install covered drainage in view of previous flooding. Upon inquiry of Councilman Clymer, Public Works Director Gonnason noted high priority On 6-year street program for improvement of Talbot to city standards, noting intent that proposed improvements would be compatible. *MOTION CARRIED. CONSENT AGENDA The following items are distributed to all Council Members and adopted by one motion without separate discussion. (Adopting motion follows agenda items. ) Proclamation Proclamation of Mayor Delaurenti declared 1979 as the Year of the Child. Council concur. Appropriation. Letter from Warren Gonnason, Public Works Director, requested for Traffic appropriation of $8,000 from Traffic Safety Commission Grant for Study accident locations study be transferred and matter referred to Ways and Means Committee. Refer to Ways and Means Committee. Fire Fighters Letter from Gary Newton, President, Renton Fire Fighters Local • Work Schedule 864 presented work schedule proposal for Council of the Whole deliberations March 8, 1979 and listed benefits which would be derived. Refer to Committee of the Whole. Travel Letter from Deputy City Clerk, Maxine Motor, requested Delores Beedle attend Records Management Conference in Portland, Oregon 3/21-23/79 including registration fee, lodging, travel and food. Funds budgeted and department head approval granted. Council concur. Right-of-Way Letter from Public Works Director Gonnason requested revision to Acquisition City's right-of-way property acquisition procedures. Refer to Ways and Means Committee for resolution. (See Res. #2248 above) Claims for The following Claims for Damages were referred to the City Attorney Damages and Insurance Carrier: Filed by Merlin G. Rohrssen, tire damage allegedly due to open manhole. Filed by Wallace R. Anderson, tire-rim damage allegedly due to hitting chuck hole in Sunset Blvd. NE. Filed by Skyway Towing, damages allegedly due to release of car before towing fees were paid. AGENDA APPROVAL MOVED BY CLYMER, SECOND PERRY, COUNCIL ADOPT CONSENT AGENDA. ARRTrn OF RA, A. t0$ ® z THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 nimIL rn CHARLES J. DELAURENTI • MAYOR DELORES A. MEAD 4 to CITY CLERK 04 T6.0 SEP1c‘40 March 8, 1979 Margaret L. & Ray Ho Ball, Sr. 3607 NE 12th St. Renton, WA 98055 Dear Mr. & Mrs. Ball: The Renton City Council, during its regular meeting on Monday,March. 5, 1979 has adopted Ordinance No. 3291. A copy is enclosed for your information. Yours verytruly, CITY OF RENTON Delores A. Mead, C.M.C. City Clerk DAM:id? st Enclosure 0 r' CITY OF RENTON, WASHINGTON . ORDINANCE NO. 3291 AN" ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING 'CLASSIFICATION OF CERTAIN P'ROPERTIES'WITHIN .THE CITY,OF. RENTON FROM- , SINGLET .• FAMILY RESIDENCE' DTSTR...(GS-1)TO SINGLE FAMILY RESI- DENCE 'DISTRICT (R-I) R-.0 8 3-7 7 WHEREAS under Chapter. 7, Title IV (Building Regulations) of Ordinance Noy-,1628. known as the "Code of General Ordinances of the City of Renton",, as • amended, and themaps and reports. 'adopted •in conjunction therewith, the property hereinbelow' described has heretofore been zoned as General Classification District (G.), and WHEREAS a proper petition for change of zone classification of said property has. been filed with the Planning . ..epartment• on or about ,September 16, 1977, which petition.,was .duly. referred to t he„Hearing:.Ex• aminer for'investigation; study and public hearing,'and Via•public 'hearing.having been:held•thereon on Or about October 18, 1977, and, said'matter haying been duly .considered by the Hearing Examiner and said 'zoning request being in conformity with the,,City's Comprehensive Plan,'as amended, and the City Council having duly•considered all 'matters:relevant thereto, and all parties having been:.heard ,appearing in''support •thereof or in opposition thereto, NOW THEREFORE r. THE'.,CITY' COUNCIL OF 'THE.' CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I3 ' ' The following 'described property in the City of Renton is hereby rezoned .to.', Single• Family Residence District (R-1) as •hereinbelow specified; subject ,to;;the;findings, conclusions and: decision dated October. 21, '1977;' the Planning Director is',.he'reby Authorized and'directed:to change the .maps Of the Zoning Ordinance, as'.'amended,',tolf:'evidence,`said re onini to-wit: See. :Exhibit A"' 'attached,: hereto:.and Made a part hereof 4.•! ,' as'"if`''fully,'set'',forth herein.:, t' Sattl. "ro" "i t`°, ,bein 'located`' Y,'•on%'the Huth tide`' . sP pe.. y_a:...,. g' s de of N.E.NE r::~: ' -?6..:• ,.: ...' 1:2th Street between" Pierce -Avenue.'N.E.,..and' Queen Avenue f„1 .q-,:- ;• -:+i :'1V.Ei).,r• 1:'''1+ rl' ".'4: i A 1D":S.U:B ECT,:Ft RT'i `-,,,,:'that`certain`T9eclarat'ien of Restrictive Covenants executed hetttiirfer- a ners,..on`:'or..:at t: e '`roar .1...Y»., .k,:,r u F b y:; 7° .1979. and recorded in the office o•f the i r t, 4 ti. ,1,'! zl++a.`,4 do'!- flt>'=1' '4: ii ',:{,; 1.:. t :,':''11' i.' Jl7' 1, 4 ] ;5 } r J,', Si' . 1 5 i It t5 nt!Jr 4 'iii j, ,7•-1.,,. f N',a r' tr. r D'l•rectot'.o `,C; co . t,..' o ,. ;ec t ReceivingNo':! 7,i..o'5.53J and.'which . f,. .:, .,,•fr ;.:,.; ,,,."`i; y, t, y i,r r,,,li•d7:, ` rt: a .1 it ,d•, '. . ,I,r: J il.!-,',WY, I' t'- ': 1!./t .l '1','• ' l : i. •i:':' 1_,, i-I l:? Ili• fer,a„+,. a'N z}.1•; T I 1 :f,^ yf., ,I ..rrf'," a f3.Is"f 1. =•P1t r7., .Cf:r.. d ,Pr•;:l {;; ll:'j,': ,,.: {., Pi"ttfx 1'.} V:Yt -::f? 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SECTION II: • This Ordinance shall' be effective upon' its passage, approval and five:;days :after its publication: 1' '`"` `' PASSED BY THE CITE COUNCIL this 5'th day of March, 19.79. before ea 'it erT•" APPROVED BY, THE MAYOR this 5.th of March;• 1979. Charles. J. elaurenti, Mayor Approd' as to form:. Lawrence.J. Warren, City Attorney Date of Publication: March 9, 1 I / T+r' }. l; ,, 5 arF•' E .:.,; 1 :" ,,[: ,ii. - y! I'. I I' fi1.. :: i; . 7'1 ,' I r. 5''! 3''Yr,,,vp•_ »1,,, uy+P 'It,il,i tl,,:;;.''q,a;,.r.. 5i„ i'?r if' .Ed, rJJE t7 n,i"fG+. A", .1,". I':,,f;';;: r!". 4 r.:ii.'en,,67va:$,r, ,,.?:' !i'' ,N°.fi•':; ,,t.r'L:.,;`'.fYr,.' ff o s'a'' t...>t`'.'J urs'Y,i+•'' ,,• ,'+( .'T,%-"V •.K,; .h,4 ..i1t SivJ;:..li'r?; :,y ;: .r.,U t... ` `1'".Si`a",L'' u. ,4,11',! lily ny, Fiei I,{ Js'l, 3 c;,.,,ff.', i, ..,k S:' ,,:"ji` dT.,tq ,Xx+ t, 3 t i"i l"'',? , . k.:4,';,. 1,v.'+,1r••':',';: 1.:t,i+:,i 1`'• IT' a h. , ,, a t-- ,da I}P{':;°{"y.Y LI-.;•ri},,(4.--'!i '+N,j a.. 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D •,' .s t'I;r— t, ',e,^ .s>..'k.n«. f a„ 4,t. >. eP. r q':,. `j r" t`;li••Yi.•,'•E;''fir+'' 1v,.K o?, c ., t'`'i,k. , - .t;d. , _ . < ... _. .&..Y...,+# .. ,. "7.L'.j..I..);...„.. „.,,, try"`t:(1,`;$'E,u.v".s'fS.pl''_,... EXHIBIT "A Ordinance No 3291 ALL, THAT PORTION OF SECTION 9, TWP , 23N. , RANGE 5 E . , 141: M ' ' ' DESCRIBED AS FOLLOWS : s.2.''. • . • ',.. ; THE . SOUTH 321 FEET OF :THE NORTH 351 FEET OF THE w :1/2 OF. '14HE E -1/2 OF E 1/2 OF THE NW 1/4 OF THE NE' 1/4 OF 'AID SECTION' 9, "•: '''• •• LESS THE EAST 30, FEET THEREOF,•. r . , ,. 1,:-:r-fs ' ----c. ,,...:' .:1 -1•,... •,' -: .- ' : ', : - ' . . ',...-. ' ' 1 ':;::•,'.1-',';','-',-;•:!:-,''',,,....,.'.--..- . .:.- ,,i;:,. ,„.,,-., '.: . . • ,' . • . : ,• .' ' ..: :-. , f.-: •:,...--,i t:''', 1,-',.... ,,',;':i:,:--•.:,.:;,'•.',',i:.t'-,.;•:,. - ,•: . 1. -::;'... ?.;'.,....,,,,••• •':.•L, ',. '-:. :.. :.• -,-, ..::;;• '.' ' : -, ... • '' - P.•, -;—',4,:`',-,.i::'..'''. :• -::,:, :" :;, ,..•i•:[:. 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' • . :,,, 1:• :. -•....„',I,P,,_:•,;,,•''.•;;'„, ,..7.'.,....:--2,•,,,...rv.!ty-.-...:;..•...-.. .ii,:-..,:r, 5..,.:”.-!..;;I:t:,..4,-.t:t.1,....titr,:t1,-..).r • '..,,: t,•;,...;;:.•34-.1.I.,.,.•::.,!.....,.,•.:...,±.•- L.-,.... 2 ..,....-:.-...,. ... ,..., . • . I '• 1, 7garet L. & Ray H. Ball, Sr. e No. R-083-77 DECLAMATION Or RESTRICTIVE COVENANTS NNINJWS; nay IL tall, Sr. and his wife Margaret L. Bell ire the °mere of the following rial property in the City of Renton, County of King, State of Washington,a described ahf011owe: All that of Section 9, Township 23M, Range 5E; N.M. daseribad asfollOwss . The Worth 591 feet of the West 1/2 of the Last 1/2 of the Zest1/2:of the 4orthweit 1/4 of the Northeast 1/4 of said Section 9. - MNINFAS, the .0412.r. of said described proPerty, hireinifter "the property.," desire to Arstiadeethe.follOwing restrictive covenants running with the landairto use, pesioet-als4 fu tom of the preS4rty! mow toturon, the aforesaid owners hereby establish, grant and impeee restrictions and. covenants running with the land as to use by the undersigned: their eucceesiare, heirs and assigns, as follows, . INSTALLATION or orr-sats DiPt(14411ENTS . ' The West 20 feet of the North 210 feet of the property shall bollidicated to til, City of Renton for the purpose of public access upon demolition or reioval of the existing building within the herein described imatetly.20 feet.. The owners Of the above described property, their successors, heiri and assigns, hereby agree and covenant to Participatein. sign 4 petition in'sdpport of, and accept any Local lap• roesisent District (LID) or city initiated proposal, and pay their fair and equitable abase therefore, for the purposes of providing the necessary off-site ilprovementarequired by the Manton SubdivisiOn Ordinance. . Said iMproveMents shall include,but any nai•be limited tOLtheinetellatiOn of . • curbs, Otter's, Sidewalks, street paving, undargrounding of utilities, and street lighting. . . STORM DRAIWAGE Store draihegiplens shall be approved by the Public Works Department, City of Renton. according to requirements of applicable ordinances and policieS of the City of Renton.and, if posSible, to the effect Of reducing water ponding on Queen Avenue N.M. Under reasonable obligation to the owners of the above described property. DURATION : ' These covenants Shall run with the lend and expire on'becember 34-2025, proVided all of thesicOvenents are fulfilled and completed in accordance herewith. hfly Violation or breach Of theme 'restrictivo covenants may be enforced by proper legal procedures in the 4uporior Court*hing County by either the City of• Renton or any other property owners adjoining described Property who are, adversely affected by said breach. Reasonable ettorney0 Pose incurred during an enfOrcement proceeding will be borne by the party'.or parties whom the court determines is in errorand .shall be.entered _ • as a judgment in such action. a ille y N. , Sr. 1eLay4QA._ er.(2-e. , • , • Margaret' . Sill STATE OF WASHINGTON) COUNTY OF KING On this //day of ' 1974Z before me personally appeared L ti 771L& fi/) l`'rKu 2i. the ersons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons 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. Notary r t at of Washington, residing at 2- ei OF R4,4 A. a, :„.. O THE CITY OF RENTON U ®/z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.98055 o L ' }, CHARLES J. DELAURENTI, MAYOR 0 PLANNING DEPARTMENT 0- 9 co, y 235—2550 0, 94TP0 SEPI10 MEM CRANDUM 516177819 January 17 , 1979 JgN1979 ` RECEITO: Richard Stredicke , Councilman co of RENT r 03 FROM: Gordon Y. By : Michael Smith , arSeming DirectorPlanner 9 cERK'SOFFiEoVLg,L. RE : RAY BALL REZONE , FILE R-083-77 Attached for your information is a copy of the restrictive covenants (first page only) regarding the Ray Ball rezone . They will need to be updated to include the present con- tract purchasers . As you can see, the covenants do not require removal of the existing house and, in fact , exclude that lot on which the house is presently located. We hope that this will help in expediting the rezone pro- cess. If you need additional information , please advise. MLS:wr Attachment DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Ray H. Ball, Sr. and his wife Margaret L. Ball are the owners of the following real property in the City of Renton, County of King, State of Washington; and Joe Boehme and his wife Sally S. Boehme have contracted to purchase the following real property in the City of Renton, County of King, State of Washington, described as follows: ' All that portion of Section 9, Township 23N, Range 5E, W.M. described as follows: The North 591 feet of the West 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 9. Except the West 67 feet of the North 240 feet and except portions for streets. WHEREAS, the owners and purchasers of said described property, hereinafter the property," desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; NOW THEREFORE, the aforesaid owners and purchasers hereby establish, grant and impose restrictions and covenants running with the land as to use by the undersigned, their successors, heirs and assigns, as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The West 20 feet of the North 210 feet of the property shall be dedicated to the City of Renton for the purpose of public access upon demolition or removal of the existing building within the herein described westerly 20 feet. The owners of the above described property, their successors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any Local Improvement District (LID) or city initiated proposal, and pay their fair and equitable share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improvements shall include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, undergrounding of utilities, and street lighting. STORM DRAINAGE Storm drainage plans shall be approved by the Public Works Department, City of Renton, according to requirements of applicable ordinances and policies of the City of Renton, and, if possible, to the effect of reducing,water ponding on Queen Avenue N.E. under reasonable obligations to the owners of the above described property. DURATION These covenants shall run with the land and expire on December 31, 2025, provided all of these covenants are fulfilled and completed in accordance herewith. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any other property owners adjoining described property who are adversely affected by said breach. Reasonable attorneys' fees incurred during an enforcement proceeding will be borne by the party or parties whom the court determines is in error and shall be entered as a judgment in such action. Ray H. Ball, Sr. Margaret L. Ball OF i C. THE CITY OF RENTONcyZ MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 nrnua CHARLES J. DELAURENTI MAYOR • LAND USE HEARING EXAMINER 9, 0 co L. RICK BEELER . 235-2593094, SEP1 ° O Q January 18, 1979 Mr. Ray H. Ball, Sr. 3607 N.E. 12th Street Renton, WA 98055 RE: File No. R-083-77; Margaret L. and Ray H. Ball, Sr. Dear Mr. Ball: Pursuant to revision and subsequent approval of. your request for rezone by the Renton City Council on December 19, ,1977, restrictive covenants were drafted to stipulate certain conditions imposed upon the property by the Hearing Examiner. As a result of recent inquiries regarding the subject property, these covenants have been reviewed, and revisions have been made to delete reference to Mr. and Mrs. Boehme as purchasing contractors. An additional revision has been made to the legal description to delete the last sentence: "Except the West 67 feet of the North 240 feet and except portions for streets." (Restrictive covenants attached) In essence, the covenants now require participation by the property owners in any future Local Improvement District for installation of off-site improvements, dedication of the western 2p feet of the northern 210 feet of the property for the purpose of improvement of Pierce Avenue N.E. if at such future time the existing structure is removed or demolished, and submittal of storm drainage plans prior to any future development on the site. To finalize the subject rezone by adoption of an ordinance by the City Council, these restrictive covenants must be signed and filed with King County. We request that you contact the office of the Hearing Examiner as soon as possible so that the application may be completed. Sincerely, Marilyn 44 Vtersen Hearing Administrative Assistant cc: Del Bennett, Belterra Development Corporation Michael Smith, Planning Department Councilman Richard M. Stredicke Attachment DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, Ray H. Ball, Sr. and his wife Margaret L. Ball are the owners of the following real property in the City of Renton, County of King, State of Washington, described as follows: All that portion of Section 9, Township 23N, Range 5E, W.M.. described as follows: The North 591 feet of the West 1/2 of the East 1/2 of the East 1/2 of the Northwest 1/4 of the Northeast 1/4 of said Section 9. WHEREAS, the owners of said described property, hereinafter "the property," desire to ispose the following restrictive covenants running with the land as to use, present and future, of the property; NOW THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to use by the undersigned, their successors, heirs and assigns, as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The West 20 feet of the North 210 feet of the property•shall be dedicated to the City of Renton for the purpose of public access upon demolition or removal of the existing building within the herein described westerly 20 feet. The owners of the above described property, their successors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any Local Improvement District (LID) or city initiated proposal, and pay their fair and equitable share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improvements .shall include but may not be limited to the installation of curbs, gutters, sidewalks, street paving, undergrounding of utilities, and street lighting. STORM DRAINAGE Storm drainage plans shall be approved by the Public Works Department, City of Renton, according to requirements of applicable ordinances and policies of the City of Renton, and, if possible, to the effect of reducing water ponding on Queen Avenue N.E. under reasonable obligations to the owners of the above described property. DURATION These covenants Shall run with the land and expire on December 31, 2025, provided all of these covenants are fulfilled and completed in accordance herewith. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any other property owners adjoining described property who are adversely affected by said breach. Reasonable attorneys' fees incurred during an enforcement proceeding will be borne by the party or parties whom the court determines is in error and shill be entered as a judgment in such action. Ray H. Ball, Sr. Margaret L. Ball STATE OF.WASHINGTON) COUNTY OF KING On this day of 1978, before me personally appeared the persons who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said persons 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. Notary Public in and for the State of Washington, residing at 2- Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING ss. NOTICE OF . PUBLIC HEARINGCit' .ex e.t "s.rha.0:.La being first duly sworn on RENTON LAND USE_ HEARING EXAMINER oath,deposes and says that she is the Chief l- 1_e r k of RENTON.WASHINGTONAPUBLICHEARINGTHERENTONRECORD-CHRONICLE, a newspaper published four(4)WILL BE HELD BY S Etimesaweek.That said newspaper is a legal newspaper and it is now and RENTON LAND_.has been for more than six months prior to the date of publication referred HEARING- EXAMINEINTp AT to, printed and published in the English language continually as a news- HIS REGULAR MEEINGpaperpublishedfour(4)times a week in Kent,King County,Washington,IN THE COUNCIL CRE-and it is now and during all of said time was printed in an office maintained BERS, CITY. HALL,at the aforesaid place of publication of said newspaper.That the Renton WASHINGTO ,ON Record-Chronicle has been approved as a legal newspaper by order of the s NTON, 1g7 qT Superior Court of the County in which it is published,to-wit,King County, OCT A M T g' CONIDTI9:00 A.M. 9 ETI- THE FOLLOWING Washington.That the annexed is a....iR t lc.e Q.i.....::4? :..Li.c TIONS• L: AND :1i•RGARET - RAY H. BALL Oz.i'.ili r R- =de No.:Se_no: 83 77• props .. as it was published in regular issues(and 12thSt.betw Pierce not in supplement form of said newspaper) once each issue for a period Ave. N.E. and Queen Ave.-N.E: qP- •2 JOE BOEHME, of pLICATIONFORconsecutiveissues,commencingonthe FOUR-LOT. SHORT: {p T.APPROVAL AND 7 day of nl'F•" 19.77 WAIVER OF OFF-SITE IandendingtheIMpOVEMENTS, Fiies.--`;, I. No. 084-??.al d8o I 77; propel I day of 19 ,both datesN.E.;12th-St.:between inclusive, and that such newspaper was regularly distributed to its sub Pierce'Ave. :N.E."and I scribers during all of said period. That the full amount of the fee OueenAve:N.E: .. Legal descriptions onfile I charged for the foregoing 1 ( in the Renton Planning I g g g publication is the sum of $s. .....; which pepartrtient.has been paid in full at the rate of per folio of one hundred words for the ALL INTERESTED PERfirstinsertionandperfolioofonehundredwordsforeachsubsequentSONSTOSAIDPETITIONSinsertion. ARE INVITED TO BE PR C 1/ j `SENT AT, 'THE PUBLIC R t:. :di/ C a I. 18 177 ATO 9 OOCA. ER MBTO EXPRESS.THEIR OPI- C 1 u..t.f....t:J.I1.I:k A. NIONS:, '' '' 'ERICKSE: NI: GORDQN Y.'. RENTO Subscribed and sworn to before me this 7 dayof PLp,NNINGDIRECTO• Published in TheRentRecord-her.inCle Octobe - E c3.1;C r 19.7.7.. Nrin, 7,-1977.R4587, Notary Public inyfid for the State of Washigqg residing at Kent, King Cb-linty. Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. V.P.C.Form No.87 Renton City Council 12/19/77 Page 2 Consent Agenda Letter from Floyd Hughes, Sr. , President of the Renton Merchants Downtown Association expressed thanks for cooperation in the installation of Christmas new Christmas decorations in downtown Renton, noting praise from Decorations community. Information. Appointment Letter from Mayor Delaurenti reappointed Peggy Ziebarth, 17020 S.E. 128th St. , to the Municipal Arts Commission for three-year term expiring 12/31/80. , The letter noted Mrs. Ziebarth first appointed 1/76 completing term of Ethel Telban, who had resigned; Mrs. Zeibarth wishes to continue to serve. Refer to Ways and Means Committee. Claims for Damages Claim for damages was filed by Floyd N. and Geraldine S. Broeffle, F. Broeffle 880 Monroe Ave. N.E, in amount $3,743.03 due to backup of sewer. M. Nelson Claim for damages was filed by Michael G. Nelson, 3322 N.E. 6th St. , also alleging backup of sewer damaging household. Refer to City Attorney and Insurance Carrier. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCILAFPROVE CONSENT AGENDA. MOVED BY Approved STREDICKE, SECOND THORPE, THE TWO FOLLOWING ITEMS BE REMOVED FROM THE CONSENT AGENDA AND READ SEPARATELY. CARRIED. MOTION AS AMENDED, CARRIED. Cable TV Bonds Letter from City Attorney Warren noted request ,from Jim Hurd, Office of Cable Communication for the posting of bonds to fulfill require- ments of Cable Television Contracts. The letter stated Mr. Hurd suggested the City set a bond for Clearview Cable TV in the sum of 2,500 and Teleprompter, dba Northwest Cablevision Inc. in sum of 25,000. Referral to City Department and Council Committee suggested. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN RECOMMENDATION OF THE OFFICE OF CABLE COMMUNICATION AND REFER TO THE PUBLIC WORKS DEPARTMENT, ATTENTION DEL BENNETT. CARRIED. Legal Publication Legal Publications bid opening 12/15/77, two bids received as shown Bid Award on the attached tabulation. MOVED BY STREDICKE, SECOND THORPE, COUNCIL APPROVE THE LOW BID OF RECORD CHRONICLE. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS' Appeal of Rezone Letter from Ray H. and Margaret L. Ball filed appeal of Land Use Ray & Margaret Bal Hearing Examiner' s decision on their rezone application R 083-77 R 083-77 for property located on the south side of N.E. 12th St. between Pierce Ave. N.E. and Queen Ave. N.E. The rezone requested change from GS-1 to R-1 in order to comply with minimum lot size require- ments for platting and development of a portion of property lying south of the subject rezone site. The Ball appeal claimed misstate- ment of Mr. Ball ' s testimony, conflict and misstatement of fact in conclusions. The appeal letter did not appeal the Examiner' s recom- mendation granting the rezone; but did request the City to make normal sized blocks, that Queen Ave. NE be principal access and Pierce Ave. an alley or limited access street. Appeal Continued Planring and Development Committee Report noted review of the record Ray and Margaret and Hearing Examiner's written decision as required by City Code Ball R-083-77 Section 4-3017 and recommended that the City Council concur in the Rezone recommendation of. the Examiner for Ray and Margaret Ball , R-083-77, with changes : (1 ) Modification of Recommendation #1 . Deletion of requirement for dedication of western 20 ft. until dwelling on Tax Lot 205 is removed; 2. Deletion of Item 3 of the Examiner' s recom- mendation which was deleted upon reconsideration by the Examiner. MOVED BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER.TO THE WAYS AND MEANS COMMITTEE. Councilman Stredicke noted for the record that the action of the committee was relative to rezoning and planning, dedi- cation of property not properly before the Hearing Examiner at the time of zone change, but would be at time of approval of plat or building permit. Councilwoman Thorpe inquired as to agreement in the recommendation by the Ray Ball 's , being advised by Councilwoman Shinpoch that the Ball ' s were present at the committee meeting and agreement reached. Councilman Perry used reap and explained committee's recommendation. Mr. Ray Ball , 3607 N.E. 12th St. noted payment of RENT CY.LY COUNCIL egul . • - = i g December 19 , 1977 Municipal Building Monday, 8: 00 P . M . Council Chambers MINETES CALL TO ORDER Mayor Charles Del.urenti led the Pledge of Allegiance and called the regular meeti •e ' •_ '...ton City Council to order. ROLL CALL OF GEORGE J. PERRY, Council P esident; PATRICIA M. SEYMOUR-THORPE, COUNCIL RICHARD M. STREDICKE, :' 'BARA Y. SHINPOCH, KENNETH D. BRUCE, THOMAS W. TRIMM AND EARL C ER. ROLL CALL OF CHARLES J. DELAARENTI , Mayor; TED BENNETT, Deputy Finance Director; STAFF DEL MEAD, City RY WARREN, Acting City Attorney; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RICHARD GEISSLER, Fire Chie , ; DONALD CUSTER, Administrative Assistant; HUGH DARBY, Police Chief. PRESS GREG ANDERSON, Rento Record Chronicle. MINUTE APPROVAL Councilman Stre. cke requested inclusion 12/12/77 Council Minutes 12/12/77 Page 2, Para• '.ph 1 (before motion) of reasons stated, for Council Senior Center action in o erriding the Mayor' s veto of ordinance providing for Funding issuance of $900,000 Limited General Obligation Bonds . "Councilman Stredicke li d projects . ..roved without voter' s consent including Carco Theatre ($100,000 Grant , ith $200,000 City bonds) ; City Hall 1 ,500,000) ; Highlands Librar; ($235,000) ; Lake Washington Beach Park 300,000); Main Library ( 'educed bond issue approved by electorate in 1965 and $150,000 bo is without vote) ; New fire station not ap- proved by electorate. 4 ,525,000 plus costs or $8,837,000 without vote of people." Stredic - requested clarification Page 4, Paragraph 5: Add word "separa - ' beginning of line 5. Add: "CARRIED. " Page 4, Paragraph 4, e i of line 12. MOVED BY PERRY , SiJ.UND THORPE, COUNCIL APPROVE COUN L MINUTES OF 12/12/77 WITH ADDITIONS. CARRIED. PUBLIC HEARING This bein; the date set and roper notices having been published, posted an. u. ' _ . or.ing to ;.w, Mayor Delaurenti opened the public hearing continued from 19/17, 1 /7, 11/14 and 12/5/77, to consider the City-initiated vacation o a portion of S.W. Harris Place between Hardie Ave. S.W. 'and Raini • Ave. S. - Resolution 2136 9/26/77. The stipulation agreeme (CAG 083-77) signed by Gene 0. Farrell , Edward Joseph, Robert ' . Cooks , James V. Cooks , Joseph Regis and Gerald D. Rutherfor , representing all abutting property owners , was read reducing S. . Harris Place to total right-oft way width of 23 ft. ; holding the Ci / harmless; utilities permitted to remain as placed any relocati . to be borne by abutting owners; vacation fees to be paid total :22,865. Counci 1. Sr-(redicke noted for record, error in names on a ••i , orrections made. MOVED BY STREDICKL, SECOND PERRY, COUNCIL CLOSE THE PUB HEARING. CARRIED,. Councilwoman Thorpe noted for the recor. , disapproval of vacation when private party overstepped their •roperty boundary, questi;oninq whether the matter is in the bes interest of the City. . MOVED BY STREDICKE, SECOND PERRY, COU ' IL AUTHORIZE THE VACATION OF S.W. HARRIS PLACE PER STIPULATIOP 'GREEMENT AND THE MATTER BE REFERRED TO THE WAYS AND MEANS COMMITT'E FOR PREPARATION OF LEGAL DOCUMENTS. ROLL CALL: 5-AYE: PERRY, STRErICKE, B' . , qND CLYMER; 2-NO: THORPE AND SHINPOCH. MOTION CARRI CONSENT AGENDA The following Consent ' •-nda items , previously distributed to all Council Members are -.nsidered routine and are enacted by one motion unless removed b ounci.l action for separate consideration. Voucher Approval Ways and Me ' s Committee recommended approval for payment of Vouchers 16293 through 16391 • • .. of $263,670.98 (#16289 through 16292 machine vo' • -: ' aving recei . ed departmental certification ,as to receipt of merchandise an for services. Council concurrence. Newly Elected Association of Wa . 'ngton Cities , 4719 Brooklyn Ave. N.E. , Seattle, Officials announced work -op for newly elected officials in, four Washington Workshop cities. Re -r to Co • President. Renton City Council 12/19/77 Page 3 Correspondence and Current Business - Continued Rezone Appeal 110 fee plus $25 appeal fee. MOTION CARRIED adopting committee recom Ray Ball mendations. Thorpe asked her NO voice vote be recorded. Leslie Adams setter from Acting City Attorney Warren advised he appeared in Court Case #828227 Superior Court on 12/8/77 to argue the Writ of Certiorari on the McLaughlin Rezone McLaughlin Rezone filed by Leslie Adams, et ux vs City of Renton. Appeal R 001-77 The letter explained Judge' s decision that the City' s actions were not arbitrary and capricious and therefore dismissed the Writ. Copy of trial brief and pertinent documents included. Information Traffic Signals - Letter from Carl Wyatt, President of the Renton Shopping Center, Inc. , Renton Shopping Merchant' s Association, called attention to several restrictive and Center unsafe features in the traffic signal control system adjacent to the Center. (1 ) Intersection of Rainier Ave. S. and S. 3rd. ; lengthen- ing of left turn signal time and east-west walk signal time requested. 2) Intersection of Sunset Blvd. , Langston Rd. , and Hardie St. ; re- quested iengthing of time for both left turn signal and north-south walk signal . (3) Intersection of Rainier Ave. S. and S. 4th Pl . ; requested construction of a left turn storage lane for northbound traffic on Rainier Ave. S. to allow left turn into Center. MOVED BY STREDICKE, SECOND THORPE, COUNCIL REFER THIS MATTER TO THE ADMINIS- TRATION FOR RECOMMENDATION BACK TO THE PUBLIC SERVICES COMMITTEE. CARRIED. Human Rights Letter from Albert Talley, Chairperson of the Renton Human Rights Ordinance and Affairs Commission, submitted an ordinance amending Title II , Chapter 10 of the City Code setting forth duties and procedures of the Human Rights and Affairs Commission. The letter explained the two public hearings held by the commission, ordinance having been drafted with assistance of former City Attorney Shellan and City Attorney Warren. The letter noted the Washington State Human Rights Commission and attorney have determined it is satisfactory to provide for inter-agency cooperation in the Processing of complaints. Refer- ral to the Ways and Means Committee recommended. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR AND REFER TO THE WAYS AND MEANS COM- MITTEE. CARRIED. Appointment Letter from Mayor Delaurenti appointed Richard Geissler to the Fire Chief permanent. position of Fire Chief for the City effective 1/1/78, asking confirmation by the City Council . The letter noted successful completion of the six-month probationary period by Chief Geissler as of 1/1/78. MOVED BY BRUCE, SECOND PERRY, COUNCIL CONCUR IN APPOINT- MENT. CARRIED. Motion by Stredicke, second by Shinpoch, for recess , Failed. OLD BUSINESS Planning and 'Planning and Development Committee Chairman Perry submitted committee Development report recommending that the Council refer the matter of the zoning Committee Report on Renton Hill to the Planning Department to review the Comprehen- Renton Hill sive Plan changes recently passed by the Council and the zoning of Zoning the Renton Hill area to determine those parcels of land bearing different zoning classifications than those permissible in the amended Comprehensive Plan. The report noted the Planning Dept. would then initiate rezoning requests where parcels do not conform with proposed uses of the amended plan and would prepare the necessary reports; the Hearing Examiner to determine, after a public hearing, whether or not the parcels identified by the Planning Department should be rezoned.. MOVED BY PERRY, SECOND STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. Upon inquiry by Councilwoman Thorpe on areas where application had been made prior to the moratorium, Acting City Attorney Warren advised of prior vested rights. MOTION CARRIED. South Renton The committee report recommended Council concurrence in the Planning Comprehensive Commission recommendations for South Renton Comprehensive Planning Plan Area Area subject to the follow: (1 ) Designate a lineal greenbelt area along west side of proposed SR 515 extending southerly from S 27th St. to SE 172nd St. ; (2) Include buffer of low density multi-family i Renton City Council 12/19/77 Page 4 Old Business - Continued So. Renton south of SE 172 St. between the single family residential and medium Comprehensive Plan density multi-family residential ; (3) Shift the prpposed north-south Continued residential collector street to the west to abut the proposed park Area South of site; (4) Designate the area south of Carr Rd., east of the existing Victoria Park to City limits, as Public Quasi-public and medium density multi-family SE 186th and East residential , with steep slope areas designated as greenbelt buffer. of Valley Freeway MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR IN COMMITTEE RECOM- to Benson Highway. MENDATION AND REFER TO WAYS AND MEANS COMMITTEE. Perry noted hearings by Commission and City Council , and gave reasons for changes to the Plan. Dennis Stremick, 2532 Smithers Ave. S. , objected to SR 515 traffic plan through Victoria Park and asked alternative. Charles Divelbiss 17417 103rd SE, believed general agreement reached in order to proceed with PUD. Lee Graham, 17412 98th So. , Spring Glenn Conservation Or- ganization representing 170 residents and property owners, objected to plan as being proposed. Planning Director Ericksen explained plan and noted two pending annexation petitions for area. MOVED BY THORPE, SECOND STREDICKE, COUNCIL AMEND MOTION TO ELIMINATE BLACK DOTTED LINES FROM THE COMPREHENSIVE PLAN REPRESENTING PROPOSED ROADWAYS/ARTERIALS. CARRIED. Motion by Thorpe to cut down high density area and reduce low density area leaving buffer along 103rd, received no second. Motion by Thorpe to reduce black area or P-1 area north of Carr Rd. , except for that which is presently developed, be referted to single family, received no second. MOVED BY PERRY, SECOND BRUCE, PREVIOUS QUESTION. CARRIED, bringing to the floor MOTION TO ADOPT COMMITTEE REPORT AS AMENDED. CARRIED. Recess MOVED BY BRUCE, SECOND STREDICKE, COUNCIL RECESS FOR 10 MINUTES. CARRIED. Council recessed at 9:40 p.m. and reconvened at 9:55 p.m. Roll Call : All present as previously shown. Vacation Councilman Perry announced the Council Secretary would be on unpaid vacation until the first of January. Airport Councilman Stredicke noted plans for the Airport restaurant were Restaurant being checked by City and upon approval would be returned to developer about mid-January; construction expected in early spring. Committee on Councilman Clymer requested each Council member to submit list of Committees personal preferencesfor Council Committee service, along with any suggestions for committee structure for 1978. Councilman Clymer announced he would act as ex officio member of each committee and chair the Committee of the Whole only. NEW BUSINESS Councilman Stredicke suggested City Council meetings be changed to Tuesday night and agenda requirements remain the same. MOVED BY Council Meeting STREDICKE, SECOND SHINPOCH, the matter of changing City Council meet- ings to Tuesday night be referred to the Ways and Means Committee for ordinance. SUBSTITUTE MOTION BY THORPE, SECOND CLYMER, REFER THE MATTER OF CHANGING COUNCIL MEETING NIGHT TO THE COMMITTEE OF THE WHOLE TO DISCUSS AT THE NEXT MEETING. CARRIED. Upon request of Coun- cilman Perry, Mayor Delaurenti requested the City Clerk furnish infor- mation of the period Council held Tuesday meetings. Greeting - Councilman Clymer extended Merry Christmas greetings . LEOFF Board Councilwoman Shinpoch noted loss of Councilman Bruce as a member of the L. E.O.F.F. Board when his City Council term expires 1/9/78 , being two days after next Board meeting (see schedule) . Watershed Area Councilwoman Thorpe noted King County is reviewing mobile home park ap- Proposed plication in area of the City' s Springbrook Water Shed and requested Development a copy of information furnished by the City. Mayor Delaurenti asked Planning Director Ericksen to keep the Council Members informed in writing. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented committee report Committee Report recommending second and final readings for the following ordinances which had been for first reading 12/12/77: rt Renton City CO-unci l 12/19 J7 Page 2 Consent Agenda Letter from Floyd Hughes , Sr. , President of the Renton Merchants Downtown Association expressed thanks for cooperation in the installation of Christmas new Christmas decorations in downtown Renton, noting praise from Decorations community. Information. Appointment Letter from Mayor Delaurenti reappointed Peggy Ziebarth, 17020 S.E. 128th St. , to the Municipal Arts Commission for three-year term expiring 12/31/80. The letter noted Mrs. Ziebarth first appointed 1/76 completing term of Ethel Telban, who had resigned; Mrs . Zeibarth wishes to continue to serve. Refer to Ways and Means Committee. Claims for Damages Claim for damages 'was filed by Floyd N. and Geraldine S. Broeffle, F. Broeffle 880 Monroe Ave. N.E. in amount $3,743.03 due to backup of sewer. M. Nelson Claim for damages was filed by Michael G. Nelson, 3322 N. E. 6th St. , also alleging backup of sewer damaging household. Refer to City Attorney and Insurance Carrier. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCIL A FP ROVE CONSENT AGENDA. MOVED BY Approved STREDICKE, SECOND THORPE., THE TWO FOLLOWING ITEMS BE REMOVED FROM THE CONSENT AGENDA AND R'Ef',D SEPARATELY'. CARRIED. MOTION AS AMENDED, CARRIED. Cable TV Bonds Letter from City Attorney Warren noted request ,from Jim Hurd, Office of Cable Communication for the posting of bonds to fulfill require- ments of Cable Television Contracts. The letter stated Mr. Hurd suggested the City set a bond for Clearview Cable TV in the sum of 2,500 and Teleprompter, dba Northwest Cablevision Inc. in sum of 25,000. Referral to City Department and Council Committee suggested. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN. RECOMMENDATION OF THE OFFICE OF CABLE COMMUNICATION AND REFER TO THE PUBIC WORKS DEPARTMENT, ATTENTION DEL BENNETT. CARRIED. Legal Publication Legal Publications bid opening 12/ 15/77, two bids received as shown Bid Award on the attached tabulation . MOVED BY STREDICKE, SECOND THORPE, COUNCIL APPROVE THE LOW BID OF RECORD CHRONICLE. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Appeal of Rezone Letter from Ray H. and Margaret L . Ball filed appeal of Land Use Ray & Margaret Dal Hearing Examiner' s decision on ' their rezone application R 083-77 R '083-77 for property located on the south side of N.E. 12th St. between Pierce Ave. N.E. and .Queen Ave. N.E. The rezone requested change from GS-1 to R-1 in order to comply with minimum lot size require- ments for platting and development of a portion of property lying south of the subject rezone site. The Ball appeal claimed misstate- ment of Mr. B'all ' s testimony, conflict and misstatement of fact in conclusions . The appeal letter did not appeal the Examiner' s recom- mendation granting the rezone; but did request the City to make normal sized blocks, that Queen Ave. NE be principal access and Pierce Ave. an alley or limited access street. Appeal Continued Planning and Development Committee Report noted review of the record Ray and Margaret and Hearing Examiner' s written decision as required by City Code.. Ball R-083-77 Section 4-3017 and recommended that the City CouncH concur in thr > . Rezone recommendation of the Examiner for Ray and Margaret Ball , R-083-77, with changes : (1 ) Modification of Recommendation ril . Deletion of requirement for dedication of western 20 ft. until dwelling on Tax Lot 205 is removed; 2. Deletion of Item 3 of the Examiner' s recom- mendation which was deleted upon reconsideration by the Examiner. MOVED BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDIATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER TO THE WAYS AND MEANS COMMITTEE. Councilman Stredicke noted for the record that the action of the committee was relative to rezoning and planning ., dedi- cation of property not properly before the Hearing Examiner at the time of zone change, but would be at time of approval of plat or building permit. Councilwoman Thorpe . inquired as to agreement in the recommendation by the Ray Ball 's , being advised by Councilwoman Shinpoch that the Ball ' s were present at the committee meeting and agreement reached. Councilman Perry used nap and explained committee's recommendation. Mr. Ray Ball , 3607 N.E. 12th St. noted payment of i Renton City Council 12/19/77 Page 3 Correspondence and Current Business - Continued Rezone Appeal 110 fee plus $25 appeal fee. MOTION CARRIED adopting committee recom Ray Ball mendations. Thorpe asked her NO voice vote be recorded. Leslie Adams Letter from Acting City Attorney Warren advised he appeared in Court Case #828227 Superior Court on 12/8/77 to argue the Writ of Certiorari on the McLaughlin Rezone McLaughlin Rezone filed by Leslie Adams , et ux vs City of Renton. Appeal R 001-77 The letter explained Judge' s decision that the City' s actions were not arbitrary and capricious and therefore dismissed the Writ. Copy of trial brief and pertinent documents included. Information Traffic Signals - Letter from Carl Wyatt, President of the Renton Shoppin,, CeAter, inc. , Renton Shopping Merchant' s Association , called attention to several restrictive and Center unsafe features in the traffic signal control system adjacent to the Center. (1 ) Intersection of Rainier Ave. S. and S. 3rd. ; lengthen- ing of left turn signal time and east-west walk signal time requested. 2) Intersection of Sunset Blvd. , Langston Rd. , and Hardie St. ; re- quested lengthing of time for both left turn signal and north-south walk signal . ( 3) Intersection of Rainier Ave. S. and S . 4th Pl . ; requested construction of a left turn storage lane for northbound traffic on. Rainier Ave. S. to allow left turn into Center. MOVED BY STREDICKE, SECOND THORPE, COUNCIL REFER THIS MATTER TO THE ADMINIS- TRATION FOR RECOMMENDATION BACK TO THE PUBLIC SERVICES COMMITTEE. CARRIED. Human Rights Letter from Albert. laliey , Chairperson of the Renton Human Rights Ordinance and Affars Commission, submitted an ordinance amending Title II , Chapter 10 of the City Code setting forth duties and procedures of the Human -Rights -and Affairs Commission. The letter explained the two public hearings held by the commission, ordinance having been drafted with assistance of former City Attorney She.i i an and City Attorney Warren. The letter noted the Wa sh i nO:on Scate human Rights Commission and attorney have determined it is satisfactory to provide for inter-agency cooperation in the processing .of complaints. Refer- ral to the Ways and Means Committee recommended. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR AND REFER TO THE WAYS AND MEANS COM- MITTEE. 'CARRIED. Appointment Letter from Mayor Delaurenti. appointed Richard Geissler to the Fire Chief permanent position of Fire Chief for the City effective 1/1/78, asking confirmation by the City Council . The letter noted successful completion of the six-month probationary period by Chief Geissler as of 1/1/78. MOVED BY BRUCE, SECOND PERRY , COUNCIL CONCUR IN APPOINT- MENT. CARRIED. Motion by Stredicke, second by Shinpoch, for recess , Failed. OLD BUSINESS Planning and Planning and Development Committee Chairman Perry submitted committee Development report recommending that the' Council refer the matter of the zoning Committee Report on Renton Hill to the Planning Department to review the Comprehen- Renton Hill sive Plan changes recently passed by the Council and the zoning of Zoning the Renton Hill area to determine those parcels of land bearing different zoning classifications than those permissible in the amended Comprehensive Plan. The report noted the Planning Dept. would then. initiate rezoning requests where parcels do not conform with proposed uses of the amended plan and would prepare the necessary reports; the Hearing Examiner to determine, after a public hearing, whether or not the parcels identified by the Planning Department should be rezoned, MOVED BY PERRY , SECOND STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT rOMMIT_E- Upon inquiry by Councilwoman Thorpe on areas where application had been made prior to the moratorium, Acting City Attorney Warren advised of 'prior vested rights. MOTION CARRIED. South Renton The committee report recommended Council concurrence in the Planning Comprehensive Commission recommendations for South Renton Comprehensive Planning Plan Area Area subject to the follow: (1 ) Designate a lineal greenbelt area along west side of proposed SR 515 extending southerly from S 27th St. to SE 172nd St. ; (2) Include buffer of low density multi-family RENTON .CITY.:COUNC I L PLANNING`. AND DEVELOPMENT COMMITTEE COIMIT'TEE REPORT December19 , 1977 TO Council' .Members • FROM : Planning and Development Committee RE : APPEAL ,-: :APPLICATION FOR REZONE APPROVAL', RAY AND MARGARET BALL , FILE NO . R-083.77`• The Planning" and .Development Committee , after examination of the record and the Hearing Examiner ' s written decision , findings and conclus°ions pursuant to Section .4-3017 , recommends 'that 'the,:,,Ci.:ty Council concur i n the recommenda- tion of the Hearing' .Examiner wi t.h ' the following: changes 1 . Modification of Recommendation No . 1 of Land Use Hearing Examiner Deletion of therequirement of dedication of the western. .20:: feet of the subject property This recom- mendatio'n- would ,retain the requirement' that should the dwelling on 'Tax `Lot -205 be demolished or removed that the westerly 20 feet of that. parcel be' dedicated as special ri a'ht-'ofway . : 2 . ' Deletion Of 'Item 3 of the recommendations 'by Land Use Hearin'g, Examiner This item was deleted by. ,the Hearing Examiner upon reconsider. ation . G "r,g e P err .Chairman l Barrra 'epoch , Member Richard-, e, Member I THE CITY OF RENTONc." J 7 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 p WWIICHARLES J. DELAURENTI MAYOR DELORES A. MEAD CITY CLERK 04Tf0 SE PIC° December 2, 1977 To All Parties of Record: Re: Appeal of Rezone Denial, R-083-77, GS-1 to R-1 , N.E. 12th Street Between Pierce Ave.. N.E. and Queen Ave. N.E. NOTICE IS HEREBY GIVEN that an appeal of Land Use Hearing Examiner's Decision, as above-referenced, was filed by Ray H. and Margaret L. Ball on November 30, 1977. The. appeal has been referred to the Planning and Development Com- mittee of. the Council, which is chaired by Council President George Perry, Please call the Council secretary, ph. 235-2586, for time and date when the committee will consider the appeal . You are further advised that the matter will be placed on the Council agenda of December 19, 1977 for committee report and Council decision. Yours very truly, CITY OF RENTON zeditevQ 7.464,01 Delores A. Mead City Clerk DAM:jt cc: C.J. De'laurenti , Mayor Council President Perry Councilman Stredicke Public. Works Director Planning Director Acting City Attorney Ron .Nelson, Building Division Finance Director OF4 4/ , o THE CITY OF RENTON ZMUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 0 CHARLES J. DELAURENTI • MAYOR • LAND USE HEARING EXAMINER Ap Q- L. RICK BEELER . 235-2593 4) 41F0 SEPIV4s November 23, 1977 Members, Renton City Council Renton, Washington RE: File No. R-083-77, Ray H. and Margaret L. Ball, Sr. request for rezone. Dear Council Members: Attached is the Examiner's Report and Recommendation, dated October 21, 1977, for the referenced request. A request for reconsideration, dated November 1, 1977, was submitted by the applicant and was subsequently. denied by the Examiner in a letter dated November 16, 1977. (See attachments.) The second appeal period on this matter expires on December 1, 1977, and the report and all correspondence pertaining to the application is being forwarded to the City Council for its review seven days prior to transmittal to the City Clerk's office on December 2, 1977. If you require additional information regarding this application, please contact the undersigned. Sincerely, L. Rick Beeler Hearing Examiner LRB:mp cc: Del Mead, City Clerk Gordon Y. Ericksen, Planning Director Attachments AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King Marilyn J. Petersen being first duly sworn, upon oath disposes and states: That on the 24th day of October 19 77 , of f iant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. Subscribed and sworn this 25 day of OC llex 19 --( T . H\ik hte Notary Public in and for the State of Washington, residing at Renton Application, Petition or Case: Margaret L. and Ray H. Ball, Sr. R-083-77 The minutes contain a tilt of the pantLe4 oti necond) R-083-77 Page Two The Examiner asked for testimony in favor of the application. There was no response. The Examiner asked for testimony in opposition to the application. Responding was: Norman Abrahamson 3408 N.E. 17th Street Renton, WA 98055 Mr. Abrahamson advised that he owns property at 1110 Queen Avenue N.E. He objected to proposals for connection to utility lines located on Pierce Avenue N.E. and N.E. 12th Street and preferred installation of lines on Queen Avenue N.E. to serve future development on the easement. The Examiner advised procedures for formation of 'a local improvement district and indicated that a decision would be made by the city to determine eligible participants who would benefit from the LID. He indicated that since the applicant would not benefit from such an LID, participation would probably not be required. Mr. Smith stated that because the application was for a rezone only, review and discussion should pertain only to availability of utilities to the subject site. The applicant reported having possession of a contractor's receipt for installation of an 8-inch sewer main on Pierce Avenue N.E. in the amount of 4,319.59 and felt that he had participated sufficiently in installation of utility lines in the area. The Examiner asked for additional comments from the Planning Department. Mr. Smith. offered no additional information. The Examiner asked for further tesimony. Since there was none, the hearing on Item #R-083-77 was closed by the Examiner at 9:40 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of a rezone of approximately one acre from GS-1 to R-1. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development and no adverse comment was expressed. 5. All existing utilities are available and in close proximity. 6. The proposal is compatible with the required setbacks and lot coverage of Section 4-706 (R-1) of Title IV, Code of General Ordinances. 7. Sufficient access exists to the site via N.E. 12th Street, Pierce Avenue N.E. , and Queen Avenue N.E. 8. A pattern has already been established in the area of similar rezones to allow lot development smaller than that permitted under the King County GS-1 zoning category. The applicant's property immediately south of the subject site is currently zoned R-l. Existing development in the area is essentially of an R-1 character. 9. The previous rezone to R-1 of the south 210 feet of the applicant's property included dedication of 20 feet for roadway purposes on Pierce Avenue N.E. The applicant objected to the staff recommendation of additional 20 feet extending north to the north line of the N.E. 11th Place right of way. 10. No opposition to the rezone to R-1 was expressed, except with respect to concerns about the need for utilities on Queen Avenue N.E. This issue is premature for most of the subject site since its ultimate configuration of subdivision, if any, has yet to be determined. October 21, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL, APPLICANT: Margaret L. and Ray H. Ball, Sr. FILE NO. R-083-77 LOCATION: Property located on the south side of N.E. 12th Street between Pierce Avenue N.E. and Queen Avenue N.E. SUMMARY OF REQUEST: Applicant requests a rezone from GS=1 to R-1 in order to comply with minimum lot size requirements for platting and development of a portion of the property lying south of the subject rezone site. SUMMARY OF Planning Department: Approval with conditions. RECOMMENDATION: Hearing Examiner:Approval with conditions. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on October 11, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the, property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on October 18, 1977, at 9:00 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It' was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map Exhibit #3: Plat Map In response to the Examiner's inquiry regarding the existing zoning in the area, Mr. Smith reported ghat an R-1 zone was designated to meet requirements of Section 9-1108. 23.F.3 of the Zoning Ordinance to meet lot size requirements for parcels within the plat which did not conform to GS-1 zoning requirements. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: Ray Ball, Sr. 3607 N.E. 12th Street Renton, WA 98055 Mr. Ball indicated his nonconcurrence with the report and asked Mr. Smith to clarify the amount of property dedicated to the city during a previous rezone in 1971 when 240 feet south of the subject site was rezoned from GS-1 to R-1. Mr. Smith reviewed dimensions of dedicated areas, which the applicant indicated to be a total of 10,710 square feet. Mr. Ball objected to further dedication of property and felt that requirements. of a GS-1 zone were sufficiently met to preclude the necessity for a rezone to R-1 zoning. The applicant reported that in addition to the previously discussed dedicated property, in 1950, an additional parcel, 29 feet wide and 200 feet long, located on the east side of the property and Queen Avenue N.E. had been dedicated to the City of Renton. In response to the Examiner's inquiry regarding the parcel, Mr. Smith indicated that he was not aware that the property was owned by the city. Mr. Ball further objected to the Planning Department recommendation to dedicate additional right-of-way if and when the northerly 210 feet of the subject site is further platted and developed because owners of an existing church facility had not improved property to Pierce Avenue N.E. and N.E. llth Street. The Examiner indicated that the owners would be required to dedicate and improve the area for proper access and circulation when the property was developed. R-083-77 Page Three CONCLUSIONS: 1. The proposed rezone conforms to the Comprehensive Plan goals and objectives, however, conditions .arerequired. (Section 4-3014. (B) ) . 2. In order to provide a residential street of city standards a 50-foot right of way is required on Pierce Avenue N.E. which currently is 30 feet in width (Table 1. , Section 9-1108.7) . Therefore, along the western portion of the subject site a 20-foot strip is required for dedication to the city for the purpose of public access. But since a house exists in the northerly portion of this strip, the 20-foot strip should only reasonably be installed at this time up to the southern property line of the lot upon which rests this house. However, once this house is moved or demolished, the 20-foot strip should be extended to N.E. 12th Street. 3. The major access to the subject site should be from N.E. 12th Street and/or Pierce Avenue N.E. Only secondary access should occur from Queen Avenue N.E. if necessary, however, this access should be discouraged due to the narrow width of the street which for all purposes serves as an alley and access for only a few homes. 4. Off-site improvements would reasonably be made at the time of development of the site and though the LID process since properties along the west side of Pierce Avenue N.E. would also benefit from the improvements. This arrangement would be coordinated by the Public Works Department. RECOMMENDATION: Based upon the record, testimony, findings and conclusions, the Examiner recommends that the City Council approve the rezone from GS-1 to R-1 subject to: 1. Dedication to, the city for public right of way of the western 20 feet of the property except for the existing tax lot 205 until such time as the existing dwelling on tax lot 205 is demolished or removed in such a way as to permit dedication of the 20-foot public right of way. 2. Agreement not to protest participation on an equitable and fair share basis in an LID for off-site improvements on Pierce Avenue N.E. , Queen Avenue N.E. or N.E. 12th Street. 3. Major access to the property to be to N.E. 12th Street and/or Pierce Avenue N.E. 4. Filing of restrictive. covenants running with the land agreeing to the aforementioned conditions. ORDERED THIS 21st day of October, 1977. L. Rick - eeler Land Use Hearing Examiner TRANSMITTED THIS 21st day of October, 1977 by Affidavit of Mailing to the parties of record: Ray Ball, Sr. Norman Abrahamson William J. Jackson Jon A. Nelson T. A. Couvion Charles R. Shoaf Margaret Taylor TRANSMITTED THIS 21st day of October, 1977 to the following: Mayor Charles J. Delaurenti Council President George Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Gerard M. Shellan, City Attorney R-083-77 Page Four Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before November 4, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's'office, first floor of City Hall, or same may be purchased at cost in said office. LI SQ0-1 'ot, 'No711 is -row •ti Ard V. Joortn* & 1 oar ! g7v2% 3 0 0 DC:31:3 0 . 549 we 0 r3 C3 C3 G3 ca CI El r- 0 1=3 E3 0 C i2 WO/ Nif 0_0 Id fiJ 0/ 0/4/ 0 Ci C3 E o 19501 DCIEal 0EEP CI 1::1 0 tEx3 DA3/Cc3 0 0 , t . 2_faI tg Nill IN CI b. Elic 0 D\ ° C3 1 0 Elaist a IT, Olt 90, 1' C2) Id GO 8 1:3 ii3c: \1 v. 14(7). ....., tl ri %- -.% \ tti m< v/ //•,' / 1 cO 1=3 c9.123 C 4/ • / 4;1; Mc =Ell 0 1 tit 0 1 A nal 0 is, 0 \ 11- O ff..] ei€1 '; //.//; iiI1 at ri]to i ls i iLl7I lAt 0 SJIINr1 \ El .Da Bat B Gal Al* CI c 0 au cE ci; 0 vikilysi picawd 1 7% la0 0 0 g 0 D kil../I t 0 1 0 0ii, ii, ,17. .ilc... .. ...... El 0 1:::? 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Ti.....-1 •.1"1•..1:!I••.J A 7 i (.47.•V . . ...y ..iv.A....r:tiy• i I \" X' ... . . 4 r • RIt .• II i I .. .‘ . 7' ' .4 a • • .,. • ..! 4 1-.;1 ::- .j.' )•I'j . : .... ItIr.-•R c.-:.:•- I- -.11 , tr.•ti,...,..,,,, :. n . •-• ••• z ' .1 4• • i+ , ..'' ' . . oite;" i , • . i : .. 1 ..,_s..,-....r.,.__,c .liv),...,.... REZONE APPLICATION : - ' MARGARET L . AND RAY H. BALL , SR. ; REZONE APPLICATION FROM GS-1 TO R-1 , FILE NO . R-083-77 ; property located on the south side of N. E . 12th Street between Pierce Avenue N. E. and Queen Avenue N. E . APPLICANT . Margaret L . and Ray H. Ball , Sr.TOTAL AREA ± One Acre PRINCIPAL ACCESS N.E. 12th Street, Pierce Avenue N.E. and Queen Avenue N,E. E XI Si. I NG ZONING GS-1 • EXISTING USE • Single. Family/undeveloped PROPOSED USE Single Family COMPREHENSIVE LAND USE PLAN Sinole • Family Residential i COMMENTS . e. . RECEIVED CITY OF RENTON HEARING EXAMINER PLANNING DEPARTMENT 04-I81977 AID Pk PRELIMINARY REPORT TO HEARING EXAMINER 7,819010111112dL2A415.,E PUBLIC HEARING A OCTOBER 18 , 1977 EXHIBIT N'®. APPLICANT : MARGARET L . AND RAY H . BALL I .-of5, 77 FILE NO : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 A. SUMMARY OF REQUEST: Applicant requests a rezone from GS-1 to R-1 in order to comply with minimum lot size requirements for platting and development of a portion of the property lying south of the subject rezone site . B . GENERAL INFORMATION : 1 . Owner of Record : MARGARET L . AND RAY H . BALL , SR . 2 . Applicant : MARGARET L . AND RAY H . BALL , SR . 3. Location : Property located on the south side of N . E. 12th Street between Pierce Avenue N . E . and Queen Avenue N . E . 4. Legal Description : A detailed legal description is available on file in the Renton Planning Department . 5. Size of Property : Approximately 1 acre . 6. Access :Via N . E . 12th Street , Pierce Avenue N . E . and Queen Avenue N . E . 7 . Existing Zoning : GS-1 , General Classification District. 8 . Existing Zoning in the Area : GS-1 , General Classification District ; R-1 , Residence District Single Family; G-7200 , Single Family Residence District ; R-3 , Multiple Family Residence District. 9. Comprehensive Land Use Plan : Single Family Residential . 10. Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Record- Chronicle and posted in four places on or near the site as required by City Ordinance . Notice was distri - buted to the surrounding property owners . C . PURPOSE OF REQUEST : To obtain proper zoning to allow subdivision of the southerly 210 feet of the' total Ball ownership and development of single residences . Mr. Ball owns property south of the subject site which is presently zoned R-1;Residence Single Family. The prospective purchaser of this property plans on subdividing it from the subject site and create three single family residence building sites .; The, subject site and the property to the south to be developed to single family residence have never been previously subdivided . The 32 , 364 square foot lot resulting from the proposied short plat and located in the northerly portion of the site would not be sufficient to meet minimum GS-1 lot size requirements , therefore the rezone to R- 1 was necessary. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18 , 1977 PAGE TWO RE : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 D . HISTORY/BACKGROUND : The subject site was annexed to the City, on May 27 , 1959 by Ordinance No . 1965. The property extending approximately 240 feet south of the subject site and owned by Mr. Ball was rezoned from GS- 1 to R-1 on August 11 , 1971 by Ordinance No. 2650. . That rezone involved the 20 foot additional right- of-way dedication along the portion of the property fronting Pierce Avenue V. E. The su ject site, however, has retainer the original GS-1 classifition . Four single family lots lw-a-s§ planned on the previously rezoned property, however, thesesti5e& never constructed . Recently Mr. Joe Boehme has expressed interest in the southerly 210 feet of the previously rezoned property for s bdivision into three single family residence lots . Mr . Boehme is a builder and plans to construct three homes on these lots , however, the remaining Ball ownership north of the portion of the property that Mn Boehme plans to purchase is not sufficient in area to satisfy the minimum lot size requirements of the zoning code and subdivision ordinance . The minimum lot size in a GS-1 zone is 35 , 000 squarexfeet , Lot ' A ' is is shown on the attached map contains 32 , 364 square feet. Therefor , is was necessary for Mr . Ball to rezone the remaining portion of his property. E . PHYSICAL BACKGROUND : 1 . Topography The site is relatively level . 2 . Soils : ArOnts , Alderwood material , .(AmC ) . Runoff is medium , erosion hazard moderate to severe. This soil is used for urban development. 3. Vegetation : The subject site consists of lawn and some scrub grasses together with various fruit , deciduous and evergreen trees scattered throughout the site. 4 . Wildlife : IThe existing vegetation on the site may provide some habitat for birds and small mammals . 5. Water : No ! existing streams or surface water are apparent on the subject site. 6. Land Use : Two existing single family residences are located on the subject site . The area south of the subject site owned by Mr. Ball and zoned R-1 is presently undeveloped . The area along the west side of Pierce Avenue N . E . is presently developed single family residential , the area along Queen Avenue N. E . which is dead-ended gravel road is presently developed single family residential consisting of approxi - mately seven to eight residences . Further south of the sub- ject site and the property owned by Mr . Ball is a parcel of property owned by the Presbyterian Church located on N . E . 10th Court and presently is partially undeveloped . F. NEIGHBORHOOD CHARACTERISTICS : The general area is characterized primarily by single family residential us?s . G. PUBLIC SERVICES : 1 . Water and Sewer : A six inch water main presently is located along Pierce Avenue N . E . An eight inch sewer main is also located along Pierce Avenue N . E. An eight inch storm sewer main is located in Pierce Avenue N . E . at N . E . 11th Street . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18, 1977 PAGE THREE RE : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 2 . Fire Protection : Provided by the Renton Fire Department as per Ordinance requirements . Any future development of the site will be subject to City of Renton standards . 3. Transit : Metro Transit route 42 operates along Redmond Avenue N. E. approximately one block east of the subject site . 4. Schools : . The site is within one-half mile of Honeydew Elementary School , within three-quarters of a mile of McKnight Middle School , and within two miles of Hazen High School . 5. Parks : The site is approximately one-half mile north of the existing Kiwanis Park.. H . APPLICABLE SECTIONS OF THE ZONING CODE : 1 . Section 4-725; Amendments 2. Section 4-729; G , General Classification District 3 . Section 4-706 ; R-1 , Residence Single Family I : APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIALiCITY DOCUMENTS : 1 . Land Use Report , 1965 , Residential , page 11 , and Objectives , page's 17 and 18. 2 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965, Summary , pages 9 and 10. J . IMPACTS ON THE NATURAL SYSTEMS : Rezoning the subject site will not have a direct impact on the natural systems , however , eventual development of_ the site will disturl soil and vegetation , increase storm water runoff and have an effect on traffic and noise levels in the area . However , these can be mitigated with proper controls and procedures . K. SOCIAL IMPACTS : Relatively minor . L . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43. 21C , a Declaration of Non-significance has been issued for the subject proposal ( see attached ). This declaration is based on City requirements consistent with the Comprehensive . Land Use Plan for the area together with the proper development control and pro- cedures . M. ADDITIONAL INFORMATION : A vicinity map' and site map are attached . N . AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division. 2 . City of Renton Engineering Division 3. City of Renton Utilities Division 4. City of Renton Traffic Engineering Division 5. City of Renton Fire Department Copies of certain memoranda and comments are attached . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18 , 1977 PAGE FOUR RE : R-083-77 , REZONE REQUEST FROM GS-1 to R-1 0. PLANNING DEPARTMENT ANALYSIS : 1 . The proposed rezone is consistent with the Comprehensive Plan , existing zoning , and existing uses in the area . 2 . Suitable utilities are available to the subject site . 3. The proposed rezone is necessary to obtain a lot size that is compatible with the zoning and subdivision ordi - nances . This will permit the proposed short plat and development of the property south of the subject site . which is legally still owned by Mr. Ball and considered part of the subject site as per the Subdivision Ordinance . 4. There is a ; need for additional right-of-way along the westerly 20 feet of the subject site to establish Pierce Avenue N . EL as a full 50 foot right-of-way. However, one of the existing residences is located within this 20 feet. An additional 20 feet may. be necessary at this time in the portion of Pierce Avenue N . E . near, N . E. 11th Place. This can be accomplished in conjunction with the proposed short plat. x 5. The sujbect site is directly adjacent to existing R-1 zoning . 6. There is a potential of approximately 4-5 additional lots that could be created if the land were free of the two existing structures . P . PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of the proposed rezone based on the abovepPpP analysis with the understanding that the west 20 feet ofxthe southerly 111 feet of the subject site will be dedicated Pierce Avenue N. E . as part of the proposed short plat. Also additional right-of-way will be needed if and when the northerly 210 feet of the subjectisite is further platted and developed . 1 ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO : ( g Finance Department Fire Department Library Department OPark Department iiPolice Department Public Works Department giBuilding Div . Traffic Engineering Div . Engineering Div ." '' 40 Utilities Engineering Div . FROM : Planning Department , (signed ..by . responsible .official or his designee ) 4,1I6-4-AE - Si-tin-1 SUBJECT : Review of ECF- (27E-77 Application No . : I,-- Dg3-77 Action Name :7 - cT LW-,Q1Z_ 2} Y S-1 D) 2 I 121-1r ljr. six t7Lc :P 1i Please review the attached . Review requested by ( date) : /$2 7 REVIEW BY OTHER CITY DEPARTMENTS : . Department : i3C_.`D Comments : 1->-Har? .-.62..4;7....."-7-7Pi`c_.c.4-.... . .:...-....-47(f- G /./no w R-Dr). 7"> Signatu of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS: Department : t 0teervi Comments : fop k4 .c,' r crcvf' V i Wz Fi7 Si gnature of Di , tor r Au hors zed epresentative Date 6-76 OVER) REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Nt SIGNIFICANT I - PPcT, Signature of irector or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : t— \SZG Comments : l,)O \M.P rC\— pcRAv3\S V{LN\ ZD \-k c?M‘`•YN.vM k• Signature of Director ut* rrii e Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Signature of Director or Authorized Representative Date 0 C7 "1 U N5 14f11 $T 0 i 4 a sok a minas ISsElt moil i qa g ao . o U FilUtionti 0 g_ nil 0 gairod \ 3 ' C mCI 4°0 Of*1C1 vmlrs 1 0 o fa Jr" , sh D a. 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ST. e. p j>•._.11 I.Ti-+:i r TRT r T 1i1l - .` 1 : zI s • -' o1..l__.'" ,i1T1 1l. f..,..1..;, ,:.4},., 1 r.ii a 99 32 0'; : ' r• '--- ..k 1.- .L'LLl --.•. 1L l'T{ , 11.1' _-11"''Ti•i•l I", ty,-' - ••.; , a1^ •r, . ,•IC l4! J../• 9,, 1 1 ' t. Mo f t / , 1 ,. -1•h i •r •§•1•{•i•i•i f I f •i l__L.i_-I. d ' t.,• 1 t-T —, G-7LQQtN TY LLB i -T_. : j TT 1 i 1/. W '. E.7TM ST, I i k1. JIA l. 1 I _ , 1) SIP 9 ;t'\;1 '.6 70 I. _ W" 1 r.-.. .__i I, L. 11 REZONE APPLICATION : ' MARGARET L . AND RAY H . BALL , SR. ; REZONE APPLICATION FROM GS-1 TO R-1 , FILE NO . R-083-77 ; property located on the south side of N . E . 12th Street between Pierce Avenue N. E . and Queen Avenue N . E . APPLICANT Margaret L . and Ray H . Ball , Sr.TOTAL AREA ± One Acre PRINCIPAL ACCESS N.E. 12th Street, Pierce Avenue N.E. and Queen Avenue N,E, EXISTING ZONING GS-1 EXISTING USE Single Family/undeveloped PROPOSED USE Single Family COMPREHENSIVE LAND USE PLAN Single Family Residential . COMMENTS PROPOSED/FINAL DECLARATION OF SIGNIFICANCE/NON-SIGNIFICANCE Application No . REZONE - #R-083-77 PROPOSED Declaration Environmental Checklist No . ECF-278-77 x FINAL Declaration Description of— proposal Rezone property from GS-1 to R-1 in order to comply with minimum lot size requirements for platting and development. Proponent MARGARET L. AND RAY H. BALL, SR. Property located on the south side of N.E. 12th Street Location of Proposal between Pierce. Avenue N.E. and Queen Avenue N.E. Lead Agency CITY OF RENTON PLANNING DEPARTMENT This proposal has been determined to have ® not have a significant adverse impact upon the . environment . , An EIS ,: is x is not required under RCW43 . 21C . 030 ( 2 ) (c ) . This decision was mae after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . non-significant Reasons for declaration of environmental significance : This declaration is based on City requirements consistent with the Comprehensive Land Use Plan for the area together with the proper development control and procedures. Measures , if any , that could be taken to prevent or mitigate the environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a (proposed/final ) declaration of non-significance : Responsible Official Gordon Y . Ericksen Title Plarnin,% irector Date October 10, 1977 Signature v, ' / City of Renton Planning Department 5-76 N, . L.l) {'f Df• CITY OF RENTON REZONE APPLICATION 1377 FOR OFFICE USE ONLY m 7 LAND USE HEARING t . APPLICATION NO. R- o R3- — ` EXAMINER 'S ACTION '=:\`U 17 APPLICATION FEE $ I/©. APPEAL FILEDP-"" RECEIPT NO. 16/77 -2.244 CITY- COUNCIL ACTION FILING DATE ORDINANCE NO. AND DATE HEARING DATE APPLICANT TO COMPLETE ITEMS 1 THROUGH 10 : 1 . Name ArMgAeET L , 0 /24;•/d 5 LC YIL Phone ZS-r- S8z/ Address 3407 /S /Z .S'T /2E/•,1/"0/J ai/d5 98D1S 3. Property petitioned for. rezoning is located on /VAE, / 2 /14/ ST, between /7/L IZG 7!/6 /V and ('- ?C./4EE/%-/ A/6 . , J 4 . Square footage or acreage of property 111°4 2=31i.4 o7c 5 .- Legal description of property (if more space is required, attach' a separate sheet) U - 4/4 77/47. 776'x7!1'y vv ', ei47 , !/.4/, i-/ d, ?/ ` ./S fr/;` /ie)Ac'7-?-i 3 v /F4,E7-- S s o f, 6)072-ts -c---TeD `Cy Ads) 6 . Existing, Zoning G 5 / Zoning Requested - 0'l NOTE TO APPLICANT : The following factors are considered in reclassifying property. Evidence or additional information to substantiate your request may be attached to this sheet. (See Application Procedure Sheet for specific requirements . ) Submit this form in duplicate . 7. Proposed use of site (CES'/ 76NT.gL- 8. List the measures to be taken to reduce impact on the surrounding area. 9 . How soon after the rezone is granted do you intend to develop 'the site? C_ /Nt iL_ - /—r -J"C7/ / D /F O,-/L- /S S IO/z P - So 7// ' ./ / .is 10 . Two copies of plot plan and affidavit of ownership are required. Planning Dept. r 1-77 AFFIDAVIT 1 rf friAy , 1, ,LL B/AIR A <j $11- - being duly sworn, declare that I am the owner or the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. t c -7 j 4/ g. Subscribed and sworn before .me this I r day of 7. /j15t' , 1911 , Notary Public in and for the State of Washington, residing at f$,--/1/J7/19 Gi C177 Nam f Notary Public Sigi6ture of Owner) 2-4 1• r3Z6 7- Ai Addr ess) Address) TAPY iv l v) . xx City) State) U oo-.) N; pJB trIC 0(t'. et, iL Telephone) FOR OFFICE USE ONLY) CERTIFICATION f This is to certify that the foregoing application has been inspected- by me and has been founde orough and complete ' in every particular and toOrN conform to the rules and r";eg, atations of the Renton Planning Department governing the f.i/Ti` ngI/ ,c<h a pplication . 6D ' Pt?3DateReceived (71 0 M.' , 19 By: N4. G IPAR Renton Planning Dept . 2-73 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OCTOBER 18 , 1977 APPLICANT : MARGARET L . AND RAY H . BALL , SR. FILE NO : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 A. SUMMARY OF REQUEST: Applicant requests a rezone from GS-1 to R-1 in order to comply with minimum lot size requirements for platting and development of a portion of the property lying south of the subject rezone site . B . GENERAL INFORMATION : 1 . Owner of Rcord : MARGARET L . AND RAY H . BALL , SR . 2. Applicant : . MARGARET L . AND RAY H . BALL , SR . 3. Location : Property located on the south side of N . E. 12th Street between Pierce Avenue N . E . and Queen Avenue N . E . 4. Legal Description : A detailed legal description is available on file in the Renton Planning Department . 5. Size. of Property : Approximately 1 acre . 6. Access :Via N . E . 12th Street , Pierce Avenue N . E . and Queen Avenue N. E. 7 . Existing Zoning : GS-1 , General Classification District . 8. Existing Zoning in the Area : GS-1 , General Classification District; R-1 , Residence District Single Family; G-7200, Single Family Residence, District; R-3 , Multiple Family Residence District. 9. Comprehensive Land Use Plan : Single Family Residential . 10. Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Record- Chronicle and posted in four places on or near the site as required by City Ordinance . Notice was distri - buted to the surrounding property owners . C . PURPOSE OF REQUEST : To obtain proper zoning to allow subdivision of the southerly 210 feet of the total Ball ownership and development of single 1 residences . Mr. Ball owns property south of the subject site which is presently zoned R-1 , Residence Single Family. The prospective purchaser of this property plans on subdividing it from the subject site and create three single family residence I building sites ,; The subject site and' the property to the south to be developed to single family residence have never been previously subdivided . The 32 , 364 square foot lot resulting from the proposled short plat and located in the northerly portion of the site would not be sufficient to meet minimum GS-1 lot size requirements , therefore the rezone to R-1° was necessary. r PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18 , 1977 PAGE TWO RE : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 1 1 D . HISTORY/BACKGROUND : The subject site was annexed to the City on May 27 , 1959 by Ordinance No . 1965. The property extending approximately 240 feet south` of the subject site_ and owned by Mr. Ball was rezoned from GS- 1 to R-1 on August 11 , 1971 by Ordinance No . 2650. That rezone involved the 20 foot additional right- of-way dedication along the portion of the property fronting Pierce Avenue . E . The subject site, however, has retained the original GS-1 classifition . Four single family lots was planned on the previously rezoned property, however , these never constructed . Recently Mr. Joe Boehme has expressed interest in the southerly 210 feet of the previously rezoned property for subdivision into three single family residence lots . Mr . Boehme is a builder and plans to construct three homes on these lots , however , the remaining Ball ownership north of the portion of the property that Mn Boehme plans to purchase is not' sufficient in area to satisfy the minimum lot size requirements of the zoning code and subdivision ordinance. The minimum lot size in a GS-1 zone is 35 , 000 square feet , Lot ' A ' is is Shown on the attached map contains 32 , 364 square feet Therefore , is was necessary for Mr . Ball to rezone the remaining portion of his property. E. PHYSICAL BACKGROUND : 1 . Topography : The site is relatively level . 2 . Soils : Argnts , Alderwood material , (AmC ) . Runoff is medium , erosion hazard moderate to severe. This soil is used for urban development. 3. Vegetation The subject site consists of lawn and some scrub grasses together with various fruit, deciduous and evergreen trees scattered throughout the site. 4 . Wildlife : The existing vegetation on the site may provide some habit t for birds and small mammals . 5. Water : No : existing streams or surface water are apparent on the subject site . 6. Land Use : 'Two existing single family residences are located on the subject site . The area south of the subject site owned by Mr. Ball and zoned R-1 is presently undeveloped . The area along the west side of Pierce Avenue N . E . is presently developed single family residential , the area along Queen Avenue N. EL which is dead-ended gravel road is presently developed single family residential consisting of approxi - mately seven to eight residences . Further south of the sub- ject site and the property owned by Mr . Ball is a parcel of property owned by the Presbyterian Church located on N . E . 10th Court and presently is partially undeveloped . 1 F . NEIGHBORHOOD COARACTERISTICS : The general area is characterized primarily by single family residential usOs . G . PUBLIC SERVICES : 1 . Water and Sewer : A six inch water main presently is located along Pierce:Avenue N . E. An eight inch sewer main is also located along Pierce Avenue N . E . An eight inch storm sewer main is located in Pierce Avenue N . E . at N . E . 11th Street . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18, 1977 PAGE THREE RE : R-083-77 , REZONE REQUEST FROM GS-1 TO R-1 2 . Fire Protection : Provided by the Renton Fire Department as per Ordinance requirements . Any future development of the site will be subject to City of Renton standards . 3 . Transit : Metro Transit route 42 operates along Redmond Avenue N. E . approximately one block east of the subject site . 4. Schools : The site is within one-half mile of Honeydew Elementary School , within three-quarters of a mile of McKnight Middle School , and within two miles of Hazen High School . 5. Parks : The site is approximately one-half mile north of the existing Kiwanis Park . H . APPLICABLE SECTIONS OF THE ZONING CODE : 1 . Section 4-725 ; Amendments 2 . Section 4-729 ; G , General Classification District 3 . Section 4-706 ; R-1 , Residence Single Family I : APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL ' CITY DOCUMENTS : 1 . Land Use Report , 1965 , Residential , page 11 , and Objectives , pages 17 and 18. 2 . Policy Statement , Comprehensive Plan , Renton Urban Area , 1965, Summary , pages 9 and 10. J . IMPACTS ON THE NATURAL SYSTEMS : Rezoning the subject site will not have a direct impact on the natural systems , however , eventual development of the site will disturl soil and vegetation , increase storm water runoff and have an effect on traffic and noise levels in the area . However , these can be mitigated with proper controls and procedures . K. SOCIAL IMPACTS : Relatively minor. L . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION : Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43. 21C , a Declaration of Non-significance has been issued for the subject proposal ( see attached ) . This declaration is based on City requirements consistent with the Comprehensive . Land Use Plan for the area together with the proper development control and pro- cedures . M. ADDITIONAL INFORMATION : A vicinity map and site map are attached . N . AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division 2 . City of Renton Engineering Division 3. City of Renton Utilities Division 4. City of Renton Traffic Engineering Division 5. City of Renton Fire Department Copies of certain memoranda and comments are attached . PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF OCTOBER 18 , 1977 PAGE FOUR RE : R-083-77 , REZONE REQUEST FROM GS-1 to R-1 0. PLANNING DEPARTMENT ANALYSIS : 1 . The proposed rezone is consistent with the Comprehensive Plan , existing zoning , and existing uses in the area . 2 . Suitable utilities are available to the subject site . 3. The proposed rezone is necessary to obtain a lot size that is compatible with the zoning and subdivision ordi - nances . This will permit the proposed short plat and development of the property south of the subject site . which is legally still owned by Mr . Ball and considered part of the subject site as per the Subdivision Ordinance. 4 . There is ajneed for additional right-of-way along the westerly 2p feet of the subject site. to establish Pierce Avenue N . Ej. as a full 50 foot right-of-way. However , one of the existing residences is located within this 20 feet . An additional 20 feet may be necessary at this time in the portion of Pierce Avenue N . E. near N . E . 11th Place. This can be accomplished in conjunction with the proposed . short platf 5. The sujbect site is directly adjacent to existing R-1 zoning . 6. There is a potential of approximately 4-5 additional lots that could be created if the land were free of the two existing structures . P . PLANNING DEPARTMENT RECOMMENDATION : Recommend approval of the proposed rezone based on the above analysis with the understanding that the west 20 feet of the southerly 111 feet of the subject site will be dedicated Pierce Avenue N. E . as part of the proposed short plat. Also additional right-of-way will be needed if and when the northerly 210 feet of the subject site is further platted and developed . ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO : ( g Finance Department Fire Department Library Department Park Department Police Department Public Works Department Building Div . Traffic Engineering Div . Engineering Div ." ' " 40 Utilities Engineering Div . FROM : Planning Department , (signed , by, responsible official . or his designee ) SUBJECT : Review of ECF- (27t -77 Application No . : 12-- og3-77 Action Name : tT Lli ' gZ .2 C S-1 f ) 2- l la- .D. r-i s,ty L6-1- : pamiti Please review the attached . Review requested by ( date) : /W/1/7 7 REVIEW BY OTHER CITY DEPARTMENTS : Department : BjC..`D 1 Comments : T a:, ---62_4:79-7--M c.-c.,-...t.7"" ...--,e--.4-;se.p. t..,C..... G fV e-vtJ R_Dr)-77 Signatu of Director or Authorized Representative Date 1 REVIEW BY OTHER CITY , DEPARTMENTS.: . Department . Kecvi Comments : 140 kg/ r.crc e...14"' Lwzg-/.7 Signature of Dir for r Au horized epresentative Date 6-76 OVER) REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Nb SIGt%.11FiCAtir P e 'r. 30-17 Signature of irector or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : ‘,)CD QCZCri y -Rkt1\S $ M\LYN.vM cZ o G\o rZ v CZCML\ Signature of Di rector %44 utife-ri zredRepresentati ve Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments Si gnature of Director or Authorized Representative Date 1 1 6-S-- / Li Ng 14 Tip Sr \ o 9 rs--) Efi E? ,..... . .4 . 1.. .... toe'ivoiX i 4a DO U U 1v.gairod \1,.....7] 0 ct 130 nil 0 eiry3 (] 143 D 4]n Q "m1r5 0 kG ILO, yr DB *v ',..fy„ ale EP a A. t \ °l.r"' sipp g 1 nEs r, / . 0 0 \ otioEl "ogi 17 /' , . „t----,,. . j ILI t/. .1 \ NE 1/rg t();\ cW1. 1 Wo 1 "a l 3 113/pc ti 44 11a4 Z Cl c3 \ 2 CO =I C t 0 tip, -- ' 0 Ni I/TN s-- e INEPIof CIOOQD 0 a El t p 0 i c _ 200 D EZI C;:l 1:=J 1:23 8 Ca CD 0 Bla 16.5 ... /0 a 0 Vi _,‘ Ale ° 10p1 Pl. mg giro cr J QQQ 1:3oCd:1 a Q In Elon •Q NE ,or 4:7 SCALE II EOO i I li? 6vaJEor WA %% MY i1• MU- SR • ram" go. le-O63-77 y qJ J li°1- y:: lly ' } • u ' ' e gpY/' r'I.S I•:/`ter. 1M • n N 1JJlllr"' .Y; f/ e (. 1.1 r/f t I; 1 l .—Y ti • . - • .eveli._',..' 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[74::.4..sr. 4'r.r ,,1•aTl.{ tI ° x '• Zi:,' tU'° •3I6I` 5T _ 33 32 or:: '{ ' .1 , L •I.•f'1'i•l 1'I'ILL i•j t••l'I'I•L' IIIIIili i'T %• y/ •j t. ;',...:,---- r•-,- t ) ,, / J T i lam' 4 iIcam._•° r•, ' 1 I 1 2 1 N E 7MfST. st j AJQ iu. T s R r— - , I N r.,T.•o,.. _(A!,.' .:mo t 11! 1 J.. . . . _. REZONE APPLICATION : MARGARET L . AND RAY H . BALL , SR. ; REZONE APPLICATION FROM GS-1 TO R-1 , FILE NO . R-083-77 ; property located on the south side of N . E . 12th Street between Pierce Avenue N. E . and Queen Avenue N . E . APPLICANT Margaret L . and Ray H . Ball , Sr:TOTAL AREA ± One Acre PRINCIPAL ACCESS N.E. 12th Street, Pierce Avenue N.E. and Queen Avenue N.E. EXISTING ZONING GS-1 EXISTING USE ' Single Family/undeveloped PROPOSED USE Single Family COMPREHENSIVE LAND USE PLAN Single Family Residential •• COMMENTS PROPOSED/FINAL DECLARATION OF SIGNIFICANCE/NON-SIGNIFICANCE 1 Application No . REZONE - #R-083-77 PROPOSED Declaration Environmental Checklist No . ECF-278-77 x FINAL Declaration Description of proposal Rezone property from GS-1 to R-1 in order to comply with minimum lot size requirements for platting and development. Proponent MARGARET L. AND RAY H. BALL, SR. Property located on the south side of N.E. 12th Street Location of Proposal between Pierce. Avenue N.E. and Queen Avenue N.E. Lead Agency CITY OF RENTON PLANNING DEPARTMENT This proposal has been determined to have ® not have a significant adverse impact upon the environment . An EIS ,- 0 is x is not required under RCW 43 . 21C. 030 (2 ) (c ) . This decision was ma3e after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . non-significant Reasons for declaration of environmental significance : This declaration is based on City requirements consistent with the Comprehensive Land Use Plan for the area together with the proper development control and procedures. Measures , if any , that could be taken to prevent or mitigate the environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a (proposed/final ) declaration of non- significance : Responsible Official Gordon Y. Ericksen Title Pla ning/- irector Date October 10, 1977 Signature v'/City of Renton 1 Planning Department , ;. 5-76 INTERD[IPAR MENTAL REVIEW REQUEST TO : ei-JiL7T -WORKS DIRECTS ! BUILS ' S _ VISIS ' VEERING DIVISIO i T ' , FFIC ENGINEERING DIVISI UTILITIES DIVISION 1 'lV;' FIRE DEPARTME HEALTH DEPARTMENT FROM : PLANNING DEPARTMENT tki(GUTAeL... Sdu1T-L4 Contact Person RE : J T 12A/Ll , kz rg cs -±-o I -/ Please review the attached information regarding the subject proposal and returnu it to the Planning • Department by 0/ // -7 with your written recommendation . Your response will be included as part of the staff report to the Hearing Examiner. J Thank you , PLANNI G DEPARTMENT Date 7 ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO : Finance Department Fire Department • Library Department OPark Department fiPolice Department Public Works Department Building Div . Traffic Engineering Div . Engineering Div ." Utilities Engineering Div . FROM : Planning Department , ( signed by responsible official or his designee ) fLim14-AE 514,1-1-14 SUBJECT : Review of ECF- 0273-77 Application 'No . : ' R.- OW3 77 Action Name : M T LLB E a" " s- 1 -re) 2- i sinlU < • , mIL , Please review the attached . Review requested by ( date) : /$/7 7 REVIEW BY OTHER CITY DEPARTMENTS : Department : SC.`DC Comments : 0--- i 7 1 ' s- c..c.i- _-_-, :;-1/ ii Signatu r"of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : 6Z.'ev ; Comments : Ha S ;j yt ,.i' c jIQ et - . V VOW77 . Signature of Dir for r Au horized epresentative Date 6-76 OVER) REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : NO SICoNiFi CANT. dmP c 2 30-17 Signature of D3irector or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : ,c::\RQ---=' Comments : 'JO \‘-'\,S / C T VRCAIDLC) k\\f1 >RAN,)\S M\‘ `,N.vM CC it!J\ Signature of Director ut* -riz-e Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : ' Comments : Signature of Director or Authorized Representative Date REVIEW BY OTHER CITY DEPARTMENTS : Department : Comments : Signature of Director or Authorized Representative Date PROPOSED/FINAL DECLARATION OF SIGNIFICANCE/NON-SIGNIFICANCE Application No . REZONE - #R-083-77 PROPOSED Declaration Environmental Checklist No . ECF-278-77 x FINAL Declaration Description of proposal Rezone property from GS-1 to R-1 in order to comply with minimum lot size requirements for platting and development. Proponent MARGARET L. AND RAY H. BALL, SR. Property located on the south side of N.E. 12th Street Location of Proposal between Pierce, Avenue N.E. and Queen Avenue N.E. Lead Agency CITY OF RENTON PLANNING DEPARTMENT This proposal has been determined to have, : ® not have a significant adverse impact upon the environment :AnEIS is ,. pis not required under RCW 43 . 21C 030 (2 ) (c ) : '':: This decision was made after review by the lead agency of a completed environmental' checklist and other information on file with the lead agency . non-significant Reasons for declaration of environmental significance : . This declaration is based on City requirements consistent with the Comprehensive Land Use Plan for the area together with the proper development control and procedures. Measures, if any , that could be taken to prevent or mitigate the environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a '(proposed/final ) declaration of non- significance : Responsible Official Gordon Y . Ericksen Title Planing , irector Date ' October 10, 1977 o Si gnature d /City of Renton Planning Department 2- 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts , including any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) :' 8. Estimated date for completion of the proposal : 1 Df-75 l 9. List of all permits , licenses or government approvals required for the proposal federal , state and local --including rezaines) : 10. Do you have any plans for future additions , expansion , or further activity related to or connected with this proposal ? If yes , explain: Q 11. Do you know of any plans by others which may affect the property covered by your proposal ? If yes , explain: 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed , but is expected to be filed at some future date, describe the nature of such application form: II. ENVIRONMENTAL IMPACTS Explanations of all "yes" and "maybe" answers are required) 1) Earth. Will the proposal result in: a) Unstable earth conditions or in changes in geologic substructures? YES MAYBE NO b) Disruptions, displacements , compaction or over- covering of the soil? YES MAYBE NO c) Change in topography or ground surface relief features? YES MAYBE NO d) The destruction, covering or modification of any unique geologic or physical features? YES MAYBE NO e) Any increase in wind or water erosion of soils , either on or off the site? YES MAYBE NO f) Changes in deposition or erosion of beach sands , or changes in siltation , deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? YES MAYBE NO Explanation: CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM FOR OFFICE USE ONLY t Application No. Environmental Checklist No. —_" = ' PROPOSED, date: FINAL , date: ye) -/6-77 DDeclaration of Significance 'Declaration of Significance IDDeclaration of Non-Significance / Declaration of Non-Significance COMMENTS: ------ — Introduction The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals . The Act also requires that an EIS be prepared for all major-actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is ,such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers , include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of whi'ch you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying, or the proposal for whichapproval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future . , NOTE : This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals . Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM 1 . BACKGROUND 1 . Name of Proponent /11 &&4 j?J;-/._/ /54CC S/L 2. Address and phone number of Proponents a®7 2 ill f ?./ c0!7 )61-s-. `7& S " 3. Date Checklist submitted 4. Agency requiring Checklist lC ,J F1 //.ski •(10frt/l/sf/O/`J 5. Name of proposal , if applicable : 6/X-C : ,i/VA 1 /26_3 6. Nature and brief description of the proposal (including but not limited to its size, general design elements , and other factors that will _give an accurate understanding of its scope and nature) : F. '- C7-c-/ • i /e—/ Atm_ .)/ .'-i Z-/ j i/r OO ,/v 2-76s ' 4- 5) Fauna. Will the proposal result in: a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles , fish and shellfish, benthic organisms , insects or microfauna)? YES MAYBE NO b) Reduction of the numbers of any unique, rare or fendangeredspeciesoffauna? YES MAYBE N0 c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? YES MAYBE NO d) Deterioration to existing fish or wildlife habitat? YES MAYBE NO Explanation: 6) Noise. Will the proposal increase existing noise levels? YES MAYBE NO Explanation: 7) Light and Glare. Will the proposal produce new light or glare? YES MAYBE NO Explanation: _ — — ---- — — --— —— -- ---- 8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? YES MAYBE N0 Explanation: 9) Natural Resources. Will the proposal result in: a) Increase in the rate of use of any natural resources? YES MAYBE NO b) Depletion of any nonrenewable natural resource? v'' YES MAYBE N.0 Explanation: 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides , chemicals or radiation) in the event of an- accident or upset conditions? YES MAYBE NO Explanation: 11) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population of an area? Yam- MAYBE NO Explanation: 1 r //Jc n- 3- 2) Air. Will the proposal result in: a) Air emissions or deterioration of ambient air quality? YES M YBE NO b) The creation of objectionable odors.? YES MAYBE NO c) Alteration of air movement, moisture or temperature , or any change in climate, either locally or regionally? YES MAYBE NO Explanation: 3) Water. Will the proposal result in: a) Changes in currents , or the course of direction of water movements , in either marine or fresh waters? YES MAYBE NO b) Changes in absorption rates , drainage patterns , or the rate and amount of surface water runoff? YES MAYBE NO c) Alterations to the course or flow of flood waters? YES MAYBE NO d) Change in the amount of surface water in any water body? YES MAYBE NO e) Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? J YES MAYBE NO f) Alteration of the direction or rate of flow of ground waters? YES MAYBE NO g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? YES MAYBE NO h) Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosphates, detergents , waterborne virus or bacteria, or other substances into the ground waters? YES MAYBE NO i ) Reduction in the amount of water otherwise available for public water supplies? YES MAYBE NO Explanation: 4) Flora. Will the proposal result in: a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass , crops , microflora and aquatic plants)? Yam- MAYBE NO b) Reduction of the numbers of any unique, rare or endangered species of flora? TES- MAYBE NO c) Introduction of new species of flora into an area. or in a barrier to the normal replenishment of existing species? YES M YBE FI-O--/ d) Reduction in acreage of any agricultural crop? v Y MAYBE NO Explanation: 6- d) Sewer or septic tanks? YES MAYBE NO e) Storm water drainage? YES MATH- NU— f) Solid waste and disposal? YES MAYBE NO Explanation: 17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding mental health)? VT MAYBE TO-- Explanation: 18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? YES MAYBE NO Explanation: 19) Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE NO Explanation: 20) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? YES MAYBE TO-- Explanation: III . SIGNATURE I , the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent:05t1 s-igne•0 I,— name') intid) City of Renton Planning Department 5-76 5- 12) Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES MAYBE NO Explanation: 13) Transportation/Circulation. Will the proposal result in: a) Generation of additional vehicular movement? YES MAYBE NO b) Effects on existing parking facilities, or demand for new parking? YES MAYBE NO c) Impact upon existing transportation systems? YES MAYBE NU— d) Alterations to present patterns of circulation or movement of people and/or goods? YES MAYBE NO e) Alterations to waterborne, rail or air traffic? YES MAYBE NO f) Increase in traffic hazards to motor vehicles , bicyclists or pedestrians? YES MITE NO Explanation: 14) Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas : a) Fire protection? YES MAYBE NO b) Police protection? YES MAYBE NO c) Schools? YES MAYBE NO d) Parks or other recreational facilities? YES MAYBE NO e) Maintenance of public facilities , including roads? YES MAYBE NO f) Other governmental services? YES MAYBE NO Explanation: 15) Energy. Will the proposal result in: a) Use of substantial amounts of fuel or energy? YES MAYBE NO b) Demand upon existing sources of energy, or require the development of new sources of energy? YES M YBE N— Explanation:. 16) Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities : a) Power or natural gas? YES MAYBE NO/ b) Communications systems? YES MAYBE NO c) Water? YES MAYBE NO Hof o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 z o 0 CHARLES J. DELAURENTI , MAYOR • PLANNING DEPARTMENT 0 235-25500, Q4lfD SEPIt" September 27 , 1977 Mr. and Mrs . Ray H . Ball , Sr. 3607 N. E . 12th Street Renton , Washington 98Q55 RE : NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR REZONE APPLICATION NO. R-083-77 , GS- 1 to R-1 ; property located on N. E. 12th Street between Pierce Avenue N . E. and Queen Avenue N . E . Dear Mr. and Mrs . Ball : The Renton Planning Department formally accepted the above mentioned application on September 27 , 1977 A public hearing before the City of Renton Hearing Examiner has been set for October 18 , 1977 at 9 : 00 a . m. Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , Gordon Y . Ericksen Planning Director 7-- ITtichael L . mi h ssociate Planner MLS :wr cc : Joe Boehme 2607 Meadow Ave . N . Renton , WA 98055 4 OF o wsra.b o THE CITY OF RENTON V `0 '° 4--' 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 0 CHARLES J. DELAURENTI MAYOR • PLANNING DEPARTMENT po0 235-2550 P4rFD SEP-CE O September 27 , 1977 Mr. Joe Boehme 2607 Meadow Avenue North Renton , Washington 98055 RE : NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR APPLICATION FOR APPROVAL OF FOUR-LOT SHORT PLAT , File No . 084-77 , AND REQUEST FOR WAIVER OF OFF-SITE IMPROVEMENTS , File No . W-085-77 ; property located on N . E. 12th Street between Pierce and Queen Avenue N . E. Dear Mr. Boehme : The Renton Planning Department formally accepted the above mentioned application on September 27 , 1977 . A public hearing before the City of Renton Hearing Examiner has been set for October 18 , 1977 at 9 : 00 a .m. • Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , Gordon Y . Ericksen Planning Director Michael L . Sm.il/h Associate Planner MLS :wr cc : Mr. and Mrs . Ray Ball , Sr. 3607 N . E. 12th Street Renton , Washington 98055 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL , RENTON , WASHINGTON, ON 18 19 AT 9 : 00 A. M. TO CONSIDER THE FOLLOWING PETITIONS : 1 . MARGARET L . AND RAY H . BALL , SR. , REZONE FROM GS-1 TO R- 1 , File No . R-083-77 ; property located on N. E . 12th St . between Pierce Ave . N. E . and Queen Ave . N . E. 2 . JOE BOEHME , APPLICATION FOR FOUR-LOT SHORT PLAT APPROVAL AND WAIVER OF OFF-SITE IMPROVEMENTS , Files No . 084-77 and W-085-77 ; property located on N . E. 12th St . between Pierce Ave . N . E. and Queen Ave . N . E . Legal descriptions on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON OCTOBER 18 , 1977 AT 9 : 00 A. M. TO EXPRESS THEIR OPINIONS . GORDON Y . ERICKSEN PUBLISHED October 7 , 1977 RENTON PLANNING DIRECTOR CERTIFICATION MICHAEL L . SMITH HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST: Subscribed and sworn to before me, a Notary, Publ i c ;" on the ilk': day of DcWiv,,e 19 /1 SIGNED CITY CLERK ' S OFFICE INTER-OFFICE MEMORANDUM TO: kiCk3.:10Lica Dearinq DATE •• Y. 1--Licic :on - FROM: A.721 Vq2a6, C1')rk SUBJECT : 22'.-;t7K);711 mi 111C t 2 4110 Menton City Council 12/19/77 Page 2 Consent Agenda Letter from Floyd Hughes , Sr. , President of the Renton Merchants Downtown Association expressed thanks for cooperation in the installation of Christmas new Christmas decorations in downtown Renton, noting praise from Decorations community. Information. Appointment Letter from Mayor Delaurenti reappointed Peggy Ziebarth, 17020 S.E. 128th St. , to the Municipal Arts Commission for three-year term expiring 12/31/80. The letter noted Mrs. Ziebarth first appointed 1/76 completing term of Ethel Telban, who had resigned; Mrs. Zeibarth wishes to continue to serve. Refer to Ways and Means Committee. Claims for Damages Claim for damages was filed by Floyd N. and Geraldine S. Broeffle, F. Broeffle 880 Monroe Ave. N.E, in amount $3,743.03 due to backup of sewer. M. Nelson Claim for damages was filed by Michael G. Nelson, 3322 N.E. 6th St. , also alleging backup of sewer damaging household. Refer to City Attorney and Insurance Carrier. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCILAFPROVE CONSENT AGENDA. MOVED BY Approved STREDICKE, SECOND THORPE, THE TWO FOLLOWING ITEMS BE REMOVED FROM THE CONSENT AGENDA AND READ SEPARATELY. CARRIED. MOTION AS AMENDED, CARRIED. Cable TV Bonds Letter from City Attorney Warren noted request,from Jim Hurd, Office of Cable Communication for the posting of bonds to fulfill require- ments of Cable Television Contracts. The letter stated Mr. Hurd suggested the City set a bond for Clearview Cable TV in the sum of 2,500 and Teleprompter, dba Northwest Cablevision Inc. in sum of 25,000. Referral to City Department and Council Committee suggested. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN RECOMMENDATION OF THE OFFICE OF CABLE COMMUNICATION AND REFER TO THE PUBLIC WORKS DEPARTMENT, ATTENTION DEL BENNETT. CARRIED. Legal Publication Legal Publications bid opening 12/15/77, two bids received as shown Bid Award on the attached tabulation. MOVED BY STREDICKE, SECOND THORPE, COUNCIL APPROVE THE LOW BID OF RECORD CHRONICLE. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Appeal of Rezone Letter from Ray H. and Margaret L. Ball filed appeal of Land Use Ray & Margaret Bal' Hearing Examiner' s decision on their rezone application R 083-77 R 083-77 for property located on the south side of N.E. 12th St. between Pierce Ave. N.E. and Queen Ave. N.E. The rezone requested change from GS-1 to R-1 in order to comply with minimum lot size require- ments for platting and development of a ,portion of property lying south of the subject rezone site. The Ball appeal claimed misstate- ment of Mr. Biall ' s testimony, conflict and misstatement of fact in conclusions . The appeal letter did not appeal the Examiner' s recom- mendation granting the rezone; but did request the City to make normal sized blocks, that Queen Ave. NE be principal access and Pierce Ave. an alley or limited access street. Appeal Continued Planning and Development Committee Report noted review of the record Ray and Margaret and Hearing Examiner's written decision as required by City Code Ball R-083-77 Section 4-3017 and recommended that the City Council concur in the Rezone recommendation of the Examiner for Ray and Margaret Ball , R-083-77, with changes: (1 ) Modification of Recommendation #1 . Deletion of requirement for dedication of western 20 ft. until dwelling on Tax Lot 205 is removed; 2. Deletion of Item 3 of the Examiner' s recom- mendation which was deleted upon reconsideration by the Examiner. MOVED BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE AND REFER.TO THE WAYS AND MEANS COMMITTEE. Councilman Stredicke noted for the record that the action of the committee was relative to rezoning and planning, dedi- cation of property not properly before the Hearing Examiner at the time of zone change, but would be at time of approval of plat or building permit. Councilwoman Thorpe inquired as to agreement in the recommendation by the Ray Ball 's , being advised by Councilwoman Shinpoch that the Ball ' s were present at the committee meeting and agreement reached. Councilman Perry used nap and explained committee's recommendation. Mr. Ray Ball , 3607 N.E. 12th St. noted payment of V 1110 4 r a RENTON CITY COUNCI Regular Meeti December 19 , 1977 Municipal Building Monday, 8: 00 P . M . Council Chambers MI U T E S CALL TO ORDER Mayor Charles Delaurenti led the Pled e of Allegiance and called the regular meeting 'of the Renton C. y Council to order. ROLL CALL OF GEORGE J. PERRY, Council Presid-- t; PATRICIA M. SEYMOUR-THORPE, COUNCIL RICHARD M. STREDICKE, BARBARA SHINPOCH, KENNETH D. BRACE, THOMAS W. TRIMM AND EARL CLYMER. ROLL CALL OF CHARLES J. DELAURENTI , ' .yor; TED BENNETT, Deputy Finance Director; STAFF DEL MEAD, City Clerk; ARRY WARREN, Acting City Attorney; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RICHARD GEISSLER, ire Chief; DONALD CUSTER, Administrative Assistant; . HUGH DARBY, Poli , e Chief. PRESS GREG ANDERSON, R- .ton Record . MINUTE APPROVAL Councilman Stredicke requested inclus'on 12/12/77 Council Minutes 12/12/77 Page 2, Paragraph 1 (before motion) reasons stated, for Council Senior Center action in overriding the Mayor' s ,eto of ordinance providing for Funding issuance of $900,000 Limited G- eral Obligation Bonds . "Councilman Stredicke listed projects ap oved without voter' s consent including Carco Theatre ($100,000 Gr. t with $200,000 City bonds) ; City Hall 1 ,500,000) ; Highlands ' .rary ($235,000) ; Lake Washington Beach Park 300,000) ; Main Libr. y (Reduced bond issue approved by electorate in 1965 and $150,Oi0 bonds without vote) : New fire station not ap- proved by elector•. ' e. 55,525,000 plus costs or $8,837,000 without vote of people." Stre. cke requested clarification Page 4, Paragraph 5: Add word "sep. ate" beginning of line 5. Add: "CARRIED. " Page 4, Paragraph 4, end of line 12. MOVED BY PERRY , sL UND THORPE, COUNCIL , APPROVE COU'ICIL MINUTES OF 12/12/77 WITH ADDITIONS. CARRIED. PUBLIC HEARING This being e d. - n. proper nitices having been published, posted and mailed according to law, Mayor Delaurenti opened the public hearing continued from 10/17, 11 , 11/14 and 12/5/77, to consider the City-initiated vacation o- a portion of S.W. Harris Place between Hardie Ave. S.W. and Raini - Ave. S. - Resolution 2136 9/26/77. The stipulation agreemen (CAG. 083-77) signed by Gene 0. Farrell , Edward,Joseph, Robert '. Cooks , James V. Cooks , Joseph Regis and Gerald D. Rutherfort , representing all abutting property owners , was read reducing S. . Harris Pla e to total right-of-way width of 23 ft. ; holding the Ci harmless • tilities permitted to. remain as placed any relocati . to be e.r., •- - rr:,ing owners; vacation fees to be paid total. ' 22,8•. . ;ouncilman Str: dicke noted for record, error in names on a - -n - ; corr- ' .' s ma.e MOVED BY STREDICKL, SECOND PERRY, COU C $ HE PUBLIC HE: ING. CARRIED. Councilwoman Thorpe c.or the record, di . •proval of vacation when private party overstepped their prop- y boundary, questioning whether the matter is in the best int- est of the City. MOVED BY STREDICKE, SECOND PERRY, COUNCIL ' . IIORIZE THE VACATION OF S.W. HARRIS PLACE PER STIPULATION AGR - ENT AND THE MATTER BE REFERRED TO THE WAYS AND MEANS COMMITTEE F e, PREPARATION OF LEGAL DOCUMENTS. ROLL CALL: 5-AYE: PERRY, STREDIC , BRUCE, TRIMM AND CLY,MER; 2-NO: THORPE AND SHINPOCH. MOTION CARRI - i. CONSENT AGENDA The folio 'n• C.. . - Agenda iter. , previously distributed to all Council Members are considers• routine and are enacted by one motion unless removed by Council. tion for separate consideration. Voucher Approval Ways and Means Commi ee recommended approval for payment of Vouchers 16293 through 1 .'1 in amount of $263,670.98 (#16289 through 16292 machine voide. having received departmental certification as to receipt of •rchandise and/o s. Council concurrence. Newly Elected Associa ion of . 3lington Cities 4719 Brooklyn Ave. N.E. , Seattle, Officials announced workshop for newly ected officials in four Washington Workshop cities. Refer to Council . esident. 110 Renton City Council 12/19/77 Page 3 Correspondence and Current Business - Continued Rezone Appeal 110 fee plus $25 appeal fee. ?IOTION CARRIED adopting committee recom-` Ray Ball mendations. Thorpe asked her 40 voice vote be recorded. Leslie Adams Letter from Acting City Attorney Warren advised he appeared in , Court Case #828227 Superior Court on 12/8/77 to argue the Writ of Certiorari on the McLaughlin Rezone McLaughlin Rezone filed by Leslie Adams, et ux vs City of Renton. Appeal R 001-77 The letter explained Judge' s decision that the City' s actions were not arbitrary and capricious and therefore dismissed the Writ. Copy of trial brief and pertinent documents included. Information Traffic Signals- - Letter from Carl Wyatt, President of the Renton Shopping Center, Inc. , Renton Shopping Merchant's Association, called attention to several restrictive and Center unsafe features in the traffic signal control system adjacent to the Center. (1 ) Intersection of Rainier Ave. S. and S. 3rd. ; lengthen- ing of left turn signal time and east-west walk signal time requested. 2) Intersection of Sunset Blvd. , Langston Rd. , and Hardie St. ; re- quested lengthing of time for both left turn signal and north-south walk signal . (3) Intersection of Rainier Ave. S. and S. 4th P1 . ; requested construction of a left turn storage lane for northbound traffic on Rainier Ave. S. to allow left turn into Center. MOVED BY STREDICKE, SECOND THORPE, COUNCIL REFER THIS MATTER TO THE ADMINIS- TRATION FOR RECOMMENDATION BACK TO THE PUBLIC SERVICES COMMITTEE. CARRIED. Human Rights Letter from Albert Talley, Chairperson of the Renton Human Rights Ordinance and Affairs Commission, submitted an ordinance amending Title II , Chapter 10 of the City Code setting forth duties and procedures of the Human Rights and Affairs Commission. The letter explained the two public hearings held by the commission, ordinance having been drafted with assistance of former City Attorney Shellan and City Attorney Warren, The letter noted the Washington State Human Rights Commission and attorney have determined it is satisfactory to provide for inter-agency cooperation in the processing of complaints. Refer- ral to the Ways and Means Committee recommended. MOVED BY PERRY, SECOND' SHINPOCH, COUNCIL :CONCUR AND REFER TO THE WAYS AND MEANS COM- MITTEE. CARRIED. Appointment Letter from Mayor Delaurenti appointed Richard Geissler to the Fire Chief permanent position of Fire Chief for the City effective 1/1/78, asking confirmation by the City Council . The letter noted successful completion of the six-month probationary period by Chief Geissler as of 1/1/78. MOVED BY BRUCE, SECOND PERRY, COUNCIL CONCUR IN APPOINT- MENT. CARRIED. Motion by Stredicke, second by Shinpoch, for recess, Failed. OLD BUSINESS Planning and Planning and Development Committee Chairman Perry submitted committee Development 1 report recommending that the Council refer the matter of the zoning Committee Report on Renton Hill to the Planning Department to review the Comprehen- Renton Hill sive Plan changes recently passed by the Council and the zoning of Zoning the Renton Hill area to determine those parcels of land bearing different zoning classifications than those permissible in the amended Comprehensive Plan. The report noted the Planning Dept. would then initiate rezoning requests where parcels do not conform with proposed uses of the amended plan and would prepare the necessary reports; the Hearing Examiner to determine, after a public hearing) whether or not the parcels identified by the Planning Department should be rezoned. MOVED BY PERRY, SECOND STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. Upon inquiry by Councilwoman Thorpe on areas where application had been made prior to the moratorium, Acting City Attorney Warren advised of prior vested rights. MOTION CARRIED. South Renton The committee report recommended Council concurrence in the Planning Comprehensive 'Commission recommendations for South Renton Comprehensive Planning Plan Area Area subject to the follow: (1 ) Designate a lineal greenbelt area along west side of proposed SR 515 extending southerly from S 27th St. to SE 172nd St. ; (2) Include buffer of low density multi-family 11111 4110 Renton City Council 12/19/77 Page 4 Old Business - Continued So. Renton south of SE 172 St. between the single family residential and medium Comprehensive Plan density multi-family residential ; (3) Shift the proposed north-south Continued residential collector street to the west to abut the proposed park Area South of site; (4) Designate the area south of Carr Rd. east of the existing Victoria Park to City limits, as Public Quasi-public and medium density multi-family SE 186th and East residential , with steep slope areas designated as greenbelt buffer. of Valley Freeway MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR IN COMMITTEE RECOM- to Benson Highway. MENDATION AND REFER TO WAYS AND MEANS COMMITTEE. Perry noted hearings by Commission and City Council , and gave reasons for changes to the Plan. Dennis Stremick, 2532 Smithers Ave. S. , objected to SR 515 traffic plan through Victoria Park and asked alternative. Charles Divelbiss 17417 103rd SE, believed general agreement reached in order to proceed with PUD. Lee Graham, 17412 98th So. , Spring Glenn Conservation Or- ganization representing 170 residents and property owners, objected to plan as being proposed. Planning Director Ericksen explained plan' and noted two pending annexation petitions for area. MOVED BY THORPE, SECOND STREDICKE, COUNCIL AMEND MOTION TO ELIMINATE BLACK DOTTED LINES FROM THE COMPREHENSIVE PLAN REPRESENTING PROPOSED ROADWAYS/ARTERIALS. CARRIED. Motion by Thorpe to cut down high density area and reduce low density area leaving buffer along 103rd, received no second. Motion by Thorpe to reduce black area or P-1 area north of Carr Rd. , except for that which is presently developed, be referted to single family, received no second. MOVED BY PERRY , SECOND BRUCE, PREVIOUS QUESTION. CARRIED, bringing to the floor MOTION TO ADOPT COMMITTEE REPORT AS AMENDED. CARRIED. Recess MOVED BY BRUCE, SECOND STREDICKE, COUNCIL RECESS FOR 10 MINUTES. CARRIED. Council recessed at 9:40 p.m. and reconvened at 9:55 p.m. Roll Call : All present as previously shown. Vacation Councilman Perry announced the Council Secretary would be on unpaid vacation until the first of January. Airport Councilman Stredicke noted plans for the Airport restaurant were Restaurant being checked by City and upon approval would be returned to developer about mid—January; construction expected in early spring. Committee on Councilman Clymer requested each Council member to submit list of Committees personal preferencesfor Council Committee service, along with any suggestions for committee structure for 1978. Councilman Clymer announced he would act as ex officio member of each committee and chair the Committee of the Whole only. NEW BUSINESS Councilman Stredicke suggested City Council meetings be changed to Tuesday night and agenda requirements remain the same. MOVED BY Council Meeting STREDICKE, SECOND SHINPOCH, the matter of changing City Council meet- ings to Tuesday night be referred to the Ways and Means Committee for ordinance. SUBSTITUTE MOTION BY THORPE, SECOND CLYMER, REFER THE MATTER OF CHANGING COUNCIL MEETING NIGHT TO THE COMMITTEE OF THE WHOLE TO DISCUSS AT THE NEXT MEETING. CARRIED. Upon request of Coun- cilman Perry, Mayor Delaurenti requested the City Clerk furnish infor- mation of the period Council held Tuesday meetings. Greeting Councilman Clymer extended Merry Christmas greetings. LEOFF Board Councilwoman Shinpoch noted loss of Councilman Bruce as a member of the L. E.O.F.F. Board when his City Council term expires 1/9/78 , being two days after next Board meeting (see schedule) . , Watershed Area Councilwoman Thorpe noted King County is reviewing mobile home park ap- Proposed plication in area of the City' s Springbrook Water Shed and requested Development a copy of information furnished by the City. Mayor Delaurenti asked Planning Director Ericksen to keep the Council Members informed in writing. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Clymer presented committee report Committee Report recommending second and final readings for the following ordinances which had been for first reading 12/12/77: RENTON CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE, . COMMITTEE REPORT December 19 , 1977 TO: Council Members FROM : Planning and Development Committee = RE : APPEAL .- APPLICATION FOR REZONE APPROVAL , RAY AND MARGARET BALL , FILE NO . ' R-083"-7T7 . The Planning and Development Committee , after examination of the record and the Hearing, Examiner ' s written decision , findings , and conclusions pursuant to Section 4-3017 , recommends that the City Council concur in the recommenda- tion of the Hearing Examiner With the following changes : 1 . Mod'i fi cati on : of Recommendation No . 1 of Land Use Hearing Examiner Deletion .of the requirement of dedication of the western 20 feet of the subject property', . ..This recom- mendation would retain the requirement 'that should the dwelling on Tax Lot 205 'be ,demolished or, removed that. the westerly 20, feet of that parcel . be dedicated as' special right-of-way . 2 . Deletion of , Item 3 of .the ' recommendations by Land' Use Hearing Examiner . This item was', deleted by the Hearing Examiner upon reconsideration G -orje Perry , Chairman .f' s•A'peZ•C.. Bar arai Si 1npoch ` Member Richard , e, .Mem e.r THE 7 CITY OF RENTON 0 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 2 - ea CHARLES J..DELAURENTI ,MAYOR DELORES A. MEAD CITY CLERK O4TfD SEP-0- December 2, 1977 To All. Parties of Record: Re: Appeal of Rezone Denial , R-083-77, GS-1 to R-1 , .N.E. 12th Street Between Pierce Ave. N.E. and Queen Ave. N.E. NOTICE IS HEREBY GIVEN that an appeal of Land Use Hearing Examiner's Decision, as above-referenced,_ was filed by Ray H. and. Margaret L. Ball on November 30, 1977. The appeal has been referred to the Planning and Development Com- mittee of the Council,, which is chaired by Council President George Perry. Please call the Council secretary, ph. 235-2586, for time and date when the committee will consider the appeal . You are further advised that the matter will be placed on the Council agenda of December 19, .1977 for. committee. report and Council decision. Yours very truly, CITY OF RENTON zbtaiQ 7z a4 Delores A. Mead City Clerk DAM:jt cc: C.J. Delaurenti', Mayor Council President Perry Councilman Stredicke Public Works Director Planning Director Acting City Attorney Ron Nelson, Building Division Finance Director THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 z - 8 p CHARLES J. DELAURENTI , MAYOR DELORES A. MEAD AO CITY CLERK 4) 4TfD SEPSC. December 5, 1977 AFFIDAVIT OF MAILING STATE OF WASHINGTON) ss COUNTY OF KING DELORES A. MEAD, City Clerk of the City of Renton, Washington, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 5th day of December, 1977, at the hour of 5:00 p.m. , your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by First Class Mail , a NOTICE OF APPEAL OF REZONE DENIAL, R-083-77, GS-1 to R-1 ,' N.E. 12th Street between Pierce Ave. N.E. and Queen Ave. N.E. to all parties of record as attached hereto. Q. 71eeteL Delores A. Mead, City terk SUBSCRIBED AND SWORN TO BEFORE ME this 5th day of December, 1977 otary Public in and for the State of Washington, residing in Renton JT 41 THE CITY OF RENTON U `$ C MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 p ., CHARLES J. DELAURENTI , MAYOR DELORES A. MEAD FAO CITY CLERK 4rfD SEPjt' O December 2, 1977 To All Parties of Record: • Re: Appeal of Rezone Denial , R-083-77, GS-1 to R-1 , N.E. 12th Street Between Pierce Ave. N.E. and' Queen Ave. N.E. NOTICE IS HEREBY GIVEN 'that an appeal of Land Use Hearing Examiner's Decision,' as above-referenced, was filed by Ray H. and Margaret L. Ball on .November 30, 1977. The appeal has been referred to the Planning and Development Com- mittee of the Council , which is chaired by Council President George Perry: ' Please call the Council secretary, ph. 235-2586, for time and date when the committee will consider the appeal . You are further advised that the matter will be placed on the Council agenda of December 19, 1977 for committee report and Council decision. Yours very truly, CITY OF RENTON egithtiva 7)-1:64eid Delores A. Mead City Clerk DAM:jt cc: C.J: Delaurenti , Mayor Council President Perry Councilman Stredicke Public Works Director Planning Director, Acting City Attorney Ron -Nelson, Building Division Finance Director 7 2 "L -7 LA 10,Y it. and 1.,rrrct L. =all t.;ouncil L _1 uearLe Perry .c'r-c. Dear. Sir : LI ....Is:: 1;3 1 !he J3C ,Loar .LL on our ..xezone application. Enclosed 1a5.00 check es requested. Lned 4„/ ftlit/ 1977 % RECEIVED a3 CITY of FrU;ON CLEEVS RECEIVED CITY OF RENTON HEARING EXAMINER NOV3 0 1977 AM PM 7I89,IO,H,l2J,213,415,6 Ray L. and Margaret L. Ball Renton City Council November 2671977 Mr. George. Perry Pres. File No. R 083-77 Dear Sir: We wish to appeal the Land Use Hearing Examiners decision on our Rezone application. Enclosed sa5.00 check as requested. Signed ti 2 29 31c-' iNOV 1977 rn RECEIVED 00-41 CITY of RENTOi iCLEWS DFFJCE ; 4 ® F RSA A 4, 0CDTHECITYOFRENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 0 "um.. L CHARLES J. DELAURENTI, MAYOR ® LAND USE HEARING EXAMINER 043 L. RICK BEELER . 235-2593 itO SEP-it ' November 23, 1977 Members, Renton City Council Renton, Washington RE: File No. R-083-77, Ray H. and Margaret L, Ball, Sr.. request for rezone. Dear Council Members: Attached is the Examiner's Report and Recommendation, dated October 21, 1977, for the referenced request. A request for reconsideration, dated November 1, 1977, was submitted by the applicant and was subsequently denied by the Examiner in a letter dated November 16, 1977. (See attachments.) The second appeal period on this matter expires on December 1, 1977, and the report and all correspondence pertaining to the application is being forwarded to the City Council for its. review seven days prior to transmittal to the City Clerk's office on December 2, 1977. If you require additional information regarding this application, please contact. the undersigned. Sincerely,.. L. Rick Beeler Hearing Examiner LRB:mp cc: Del Mead, City Clerk Gordon Y. Ericksen, Planning Director Attachments o THE CITY OF RENTON Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o CHARLES J. DELAURENTI ' MAYOR • LAND USE HEARING EXAMINER co- 4O tQ L. RICK BEELER , 235-25934/4TfO SEP1C7O Mr. & Mrs. Ray H. Ball, Sr. RE: File No. R-083-77 3607 N.E. 12th Street Renton, WA 98055 Dear Mr. & Mrs. Ball: In accordance with Ordinance No. 3071, Hearing Examiner Procedures, the appeal period after reconsideration of a request by the Examiner is fourteen (14) days. Since denial of your request for reconsideration' was transmitted on November 16, 1977, the appeal period will expire on December 1, 1977. If you wish to pursue 'this matter further, you have an option to appeal in writing to the City Council in care of the City Clerk before that date. Such appeals must be accompanied by a fee of $25.00. Postponement of review of this matter by the City Council would be under the jurisdiction of that body and we suggest that you contact the Council President, George J. Perry, if you decide to appeal the recommendation of the Hearing Examiner. If you have further questions regarding this matter, please feel free to contact the undersigned. Sincerely, . 3 L. Rick Beeler Hearing Examiner cc: Council President Perry Attachment Ray H. Ball Sr. and Margaret L. File No RO 83 77 Regarding Appeal Of Rezone Dear Mr. Beeler: Due to the fact Mr and Mrs. Ball arc and have been retired for some time, we '<ase' re.questing no further hearings, until after Jan. 1 1978, because we will not be able to appaar. Thanking you in advance Signed cc Mayor Chas. Delaurenti 6.J7aJ2-4 Gerard Shellan City Attorney George Perry Council President RECEIVED CITY OF RENTON HEARING EXAMINER NOV 2 21971 AM PM 7e8191l0111t121112;:3o4o5o6 haw 41 0 THE CITY OF RENTON eV MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.,WASH. 98055 op = CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER Co. p L. RICK BEELER . 235-2593 0Pf0 SEP0-d` November 16, 1977 Mr. & Mrs. Ray H. Ball, Sr. RE: File No. R-083-77 3607 N.E. 12th Street Reconsideration Request Renton, WA 98055 Dear Mr. & Mrs. Ball: Your letters of November 1, 7 and 14, 1977, and the Examiner's letter of November 9, 1977 were reviewed and considered in reaching a decision regarding reconsideration of the October 21, 1977 recommendation of the Examiner. Although the basis for your request remains still somewhat unclear, the following conclusions were reached from your letter. Evidence in the record and testimony could not be found to indicate any misstatements of testimony or facts. Perhaps your assertion is actually that what was said did not express • your intended meaning. If you agree to dedicating 20 feet of property for Pierce Avenue N.E. at such time as Tax Lot 205 is further developed or subdivided, you agree in part to the Examiner's recommended Condition No. 1. However, you appear to disagree with the remainder of Condition No. 1 which requires dedication at this time of 20 feet of property for Pierce Avenue N.E. south of Tax Lot 205. This requirement was recommended as a result of traffic circulation needs on Pierce Avenue N.E. and your submitted concept short plat plan of your property. The information contained in your letters does not substantiate changing the Examiner's recommendation. Review of the record did not reveal any error of judgment per your letters. It was implied that the Examiner's recommended Condition No: 3 was not necessary since Queen Avenue N.E. also contained sufficient public right-of-way. In effect access could be from Pierce Avenue N.E. or Queen. Avenue' N.E. pending off-site improvements. Therefore, Condition No. 3 has been deleted from the Examiner' s recommendation. Concern was expressed, that recommended Condition No. 2 would deprive you of your rights. to protest an LID for improvements on Pierce Avenue N.E. , Queen Avenue N.E. or N.E. 12th Street. Actually, this condition allows you to protest, as under normal circumstances, any LID assessments which do not benefit your property, are not equitable or are beyond what would be your fair share of the costs. The condition specifies that on that basis you agree to the formation of any LID on these streets, but reserve the right to legal protest of what costs you are charged. In summary, a sufficient basis for reconsidering the recommendation could not be found. Based upon your letters, an error of fact or judgment could not be substantiated. The Examiner's recommendation will remain as published except for deletion of Condition No. 3. Respectfully yours, Ri eeler Hearing Examiner cc: Mayor Charles J. Delaurenti Council President George J. Perry Gordon Y. Ericksen, Planning Director Parties of Record Ray R. Ball Sr. and Margaret L. File No. RO 83 77 Regarding Appeal to Mr. Beeler Dear Mr. Beeler: To our knowledge requirements for a rezone are, A fee to be paid, rezone shall comply to property in immediate 'area, and be in compliance with comprehensive plan. Due to the fact sufficient acceaa is in exis:tance for said property , a request to dedicate more area is premature. as stated in our previous letter the report to the city council contains missstatements: of Mr Ball' s testimony. In my mind error of fact and error of judgement exist. Thanking you in advance we would appreciate your reconsider ation, and are waiting to hear when we will receive notice of same. Signed 20LR 7?2G e r,,2 1ECWIVEb CITY OF RENTON HEARING EXAMINER NOV 141977 PM 71'"941 hlh 120.12A4,3r6 4 OF R y .,.,, ' 0 THE CITY OF RENTON O Z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH.91055 0e CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER 1 0 L. RICK BEELER . 235-2593 4 rf0 SEP1- November 9, 1977 Mr. & Mrs. Ray Ball, Sr. RE: Rezone Application 3607 N.E. 12th Street No. 083-77 Renton, WA • 98055 ' Dear Mr. & Mrs. Ball: . Your letters of,November 1 and November 7, 1977 were interpreted to be a request for the Examiner to reconsider the decision dated October 21, 1977 regarding your rezone application. . Requests for reconsideration fall under the, procedure of Section 4-3015 of the Code of General Ordinances. This procedure specifies that such request's must be ". .',based on erroneous procedures, errors of law or fact, 'error in judgment, or the discovery of new evidence which could not be reasonably' available at the prior hearing.. . ." My ,conclusion after reading your letters and through the: process of elimination is that you feel an error in judgment occurred. No ,assertion was made of a 'procedural error or error of law. The facts about previous land dedications did not conflict with testimony at the. hearing, and the information about these easements was reasonably available prior to•and at the hearing. Therefore, the. only remaining basis for requesting reconsideration is that of an error in judgment. ' It appears that you feel that 'the Examiner should not have'required. dedication at the time of the rezone of 20 feet of property along Pierce Avenue .N.E. The implied reason is that you have already dedicated property for Queen Avenue N.E.'.and would prefer that this be the primary access to . your total. property,, not Pierce Avenue N.E. However, you allege that you would; not be adverse to dedicating the 20 feet along Pierce Avenue N.E. at such time as your property is totally developed. In order to respond, to your request it will be necessary to .know if this is an accurate summary of the reason for and the, basis of your request for reconsideration. Or are there additional reasons? Respectfully, Il: Rick Beeler Hearing Examiner LRB:mp RECEIVED' CITY OF RENTON HEARING EXAMINER NOV 71977' AM PM Ray R. Ball Sr. And Margaret L. 71819110111112111213141516 File No RO 83 77 Regarding Appeal to Rick Beeler As of telephone request from your office, We are sending you this letter which is an addendum to our previousappeal . Mr Ball did not object to the planning reommendation to dedicate property to Pierce Ave. if and when the northerly 210 feet of subject site is further platted and developed. That is the misstatement referred to in said appeal. The misstatement of fact referred to in appeal page 3 item 3 due to narrow width of the street: nown as queen Ave. N.E. drawing submitted as: of Nov. 1 1977 with statement written in. In reference to page 2 item 7, this states that sufficient access exists via N. E. 12th St, Pierce Ave. N. E. and Queen Ave. N.E. This is in conflict with page 3 item 1 under conclusions, stating Queen Ave. should be only a secondary access, and that additional property be given to the City of Renton. At no time did we say this would not be done at time of further platting or development. We have in our possession a copy of a deed for a parcel of land 29.99 ft. by 164.9 ft which appears: to be a portion of Queen Ave. N.E. given to the city of Renton the 30th day of September 1957. At that time it is our belief that said property was outside the city of Renton. This deed sig,tes. the property was given for a street, alley or any othergus.es: and purposes. said deed seems to have improper location of property described. Signed P.S. In addition to the above statements we also have copies of two quit claim deeds: 1) 1953 which states that 20 feet was deeded to the City of Renton off of the east side and 2) 1971 which states that 10 feet was deeded off of the east side. 11' ki ' ;....„, 1',' s Lt.i 4:- I., k:..,, /..., • ---,. 0, 1 7: - 4---- • ., of. , 7. ,,,,,, iv, 1, 3 ,- 1,‘,. 1- vil k- 6- ii; 4,/. I I ,, 1 f. 4.-•., i I— 1 --. 1 . 7, t:,,,,-.:, C-/ t 3 4'' i 1 4. i51 1 t‘' 4' s 1 4 Ii 4".;!.$• 1 1 rk: i Of- r.„ I 7; 4, 4V . 44 V - V 1?• t7 b OV.- tout o 4. 1 7 i 7 vg ••- cv.,; 1 I i ir t,. Mi 1; r-•,., i 1 i i.f. r‘,..‘ t I tet. L C4,.‘.../ J v' 5,,.• .._`. 1 ti. Ig:Z: 5.... j Ci N., 5., r „,, 71"-‘ !(----, 1 r•:, 5 c.....) . , Go . A. 1 r r CI i Ili ,• '... N. i I 4. 4 ..., t, 1. A A t\ 1 1- ..,,„-. 4 ' ‘ • 4 1 V 1 r::: 1 Cu.,,...,.' r- f,...._-. 4,... a‘) CI • Z r".-,, r''''').' . r %% 4.'1.. 1'; 1 • 7 :' 43 i .- •• 93- r‘ t.,,, a..• A.,„.... I i kki 04 r i 1 i,,, V,.., e '.. 0-' 0 \''"*., Ni 7-- 1- '') • e i 0 Cl_ I" OF RENTON Nd. 313g FINANCE DEPARTMENT RENTON, WASHINGTON 98055 7Z-71" (-. 19 77 RECEIVED OF -ll/1,Li1<aW. TOTAL, 2_c GWEN E. MALL, FINANCE DIRE TOR BY 142-/F i/ L November 1 1977 Ray H. Ball Sr. and Margaret. . Appeal to The Renton City Council and Rick Beeler File No. R083 77 Appeal based on facts as follows. Page 1. misstatements in the repor of Mr. Balls testimony. Page 2 Item 7 is in conflict with page 3 items 1 and 2 under: tLe heading conclusions. Wage 3 Item 3 under conclusions contains a misstatement of fact. Page 3 under recomendations Item 2 ,if agreed to would deny us any legal right to protest. We would also automaticily be wrong or incorrect on our envir-' onmental statement saying it would notaffect growth of trees etc. due to the fact if land were granted on west side of property Apr. Pierce ave up to So. end of tax lot 205 it would require the removal of 12-15 year old trees as well as otherplants and shrubs. At this time we are not appealing the examiners recommendati .n that the rezone be granted,but are appealing the aforesaid items. We would like to request that the City of Renton , to make normal sized city blocks in renton ,that queen Ave N.L. , which has sufficient right of way, be known as the principal access to all property owners an the east and west side from N.E. 12th st. to its present south end termination. And thattheprevious error in plating a street somewhere in midblock be corrected and call Pierce Ave ar_ alley or limited access street. Signed Ray-h.-Ball sr.afi.;)411 ccto Charles J. Delaurenti George Perry Margaret L.- Ball Warren C Gonnason Gordon Y. Erickson 772 ' This. day of Nov. 1 1977_ Gerard M. Shellan Rick Beeler RECEIVED CITY OF RENTON HEARING EXAMINER NOV w 1977 AM PM 71819I16102a 1212e415,6 Mr. & Mrs. Ray H. Ba1 , , Sr. 3607 N.E. 12th St. Renton, WA 98055 0 Mr. Norman Abrahamson 3408 N.E. 17th St. Renton, WA 98055 Mr. Joe Boehme 2607 Meadow Ave. N. Renton, WA 98055 Mrs. Charles Shoaf 1104 Queen Ave. N.E. Renton, WA 98055 William J. Jackson 3508 N.E. llth Place Renton, WA 98055 Jon A. Nelson 3515 N.E. 12th Street Renton, WA 98055 T.A. Couvion 1155 Pierce Ave. N.E. Renton, WA 98055 Margaret Taylor 1116 Queen Ave. N..E. Renton, WA 98055 1 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 ES o CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER co- L. RICK BEELER • 235-2593O,Q TFD SEP1F'w Z3456yDecember1, 1977Q 1911. - Members, Renton City Council r' r`e - Renton, Washington kj'' 0. RE: File No. R-083-77, Margaret L. and Ray H. Bal rSr: `` SF Gs tV Rezone Application; Appeal of Examiner's Decisi aC Dear Council Members: On November 23, 1977, copies of the Examiner's Report and Recommendation, dated October 21, 1977, and several items of correspondence regarding a reconsideration request by the applicant as well as the Examiner's subsequent denial of the request, dated November 16, 1977, were transmitted to the City Council for review by the Planning and Development Committee." On November 30, 1977, Mr. and Mrs. Ball filed an appeal with the City Clerk's office accompanied by; the required fee of $25.00. Please include the attached appeal letter to all reports and correspondence previously transmitted to you for review. This matter will be placed on the Council agenda on December 19, 1977 after expiration of the established 28-day period. If you require additional information regarding this application, please contact the undersigned. Sinc ly, L. Rick Beeler Hearing Examiner Attachment cc: Mayor Charles J. Delaurenti October 21, 1977 OFFICE -OF THE LAND USE HEARING. EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO":THE RENTON. CITY COUNCIL. APPLICANT.: Margaret- L. and Ray H. Ball, Sr. FILE.NO: R-083-77 LOCATION;_ Property located on the, south side of N.E. 12th Street between Pierce Avenue N.E: and Queen Avenue N.E. SUMMARY OF',REQUEST: Applicant requests a rezone' from GS=1 to R-1 in order to comply 'with: minimum lot size requirements for platting and development of a.portion.of. the property lying south of. the subject rezone site. SUMMARY;OE. Planning ,Department: Approval with conditions. RECOMMENDATION: Hearing:Examiners .. Approval with conditions. PLANNING..DEPARTMENT The Planning Department staff report was received by the REPORT:ExamineronOetober 11, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information:onfile with: the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing 'was opened on October. 18; _1977,- at .9:00 .a.m'. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn.' It was reported that the Hearing Examiner and .the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit *1. Michael Smith, Planning Department, reviewed Exhibit #1; and entered the following additional exhibits into the record; Exhibit, #2: King' County Assessor's Map Exhibit' '#3: : Plat Map In response to the Examiner's inquiry regarding the existing zoning in the area, Mr,: Smith reported ghat an R-1 zone was designated to meet requirements of Section 9-1108. 23.F.3 of the Zoning Ordinance to meet lot size requirements for parcels within the plat which did not conform to GS1 zoning requirements..; The Examiner asked the applicant if he. concurred in Exhibit #1: Responding was: Ray. Ball, Sr. 3607 N.E. 12th Street Renton,,WA, 98055 Mr. Ball indicated his nonconcurrence with the report and asked Mr: Smith to clarify the amount of property dedicated to the city during a previous rezone in 1971 when 240 feet south of the subject site was rezoned from.GS-1 to R-l. Mr. Smith reviewed'. `'`.' dimensions of dedicated areas, which the,applicant indicated to be a total of 1'0,710 >. square feet. Mr. Ball objected to further dedication of property and felt that • requirements of a GS=l .zone were sufficiently met to preclude the necessity for 'a rezone .to .R-1 zoning. The applicant reported that in addition to the previously discussed dedicated property, in 1950, an additional parcel, 29 feet wide and 200 feet. long, located on ,the east, side of the property and Queen Avenue N.E. had been dedicated to the City of Renton. , In response to the ,Examiner' s inquiry regarding the: ;..'" parcel, Mr. Smith indicated that he was not aware that the property was owned .by the city. Mr. Ball' further objected to the Planning: .Department recommendation to dedicate` additional right-of-way if and when the northerly '210 feet of the subject site is further platted and developed because owners of an existing church facility had not. , : improved property to Pierce Avenue ,N.E. and.N.E. 11th. Street. The Examiner indicatedY,'„; that the owners would be ,required,•to dedicate and improve -the area for proper access, and circulation when the property was:developed. l: R-083-77 Page Three CONCLUSIONS: 1. The .proposed rezone conforms to the, Comprehensive Plan goal's and objectives, however, conditions are.'required.:`.;(Section 4-3014. (B)-)_. 2. In order to provide a residential 'Street ..of citystandards a 50-foot right of way is r'equired-on Pierce Avenue N:E. 'which currently:.is 30 feet in width (Table 1. , Section. 9-1108:7) . Therefore, along .the western portion of the subject site a 20-foot strip is required for dedication to the city for the purpose of public access: But since a house exists in the'northerly portion of this strip, the 20-foot strip should only reasonably be installed at this time up to the southern property line of the lot upon which.'rests this house However, once this house is moved or demolished; the 20-foot strip should e extended to N.E. 12th Street. 3. The major access to -the subject site •should be :fr`om;.N.E:. 12th Street and/or Pierce Avenue N.E. Only:.;secondary access should,occur from. Queen Avenue N.E. if necessary, however, this `access should'be .discouraged due to the narrow width of the street which for -all_purposes%:;serves'°'as an alley and access for only a few 4. Off-site improvements.would reasonably„,be made at the time of development of the site and though. the LID process since properties along the west side of Pierce Avenue W.E. would also benefit' front..the improvements: This arrangement would be ' coordinated by the Public Works. Department; RECOMMENDATION:. Based upon the record, testimony, findings and conclusions, the Examiner •:,,, recomimends that the City Council approve',the rezone from GS-1 to R-1 subject to: 1. Dedication to the city. for..public right of way of the western 20 feet of the property except:for the- existing, tax lot:. 05_:until.'such time as the existing dwelling on tax lot 2.05 ''is demolished or removed in such a way as to permit dedication of the- 20-foot;.public right.'of;way: . 2. Agreement not to protest participation' on an equitable and fair share basis in an LID for -off-`site .improvements ;on :Pi.erce Avenue;;N.E'. ,''Queen Avenue N.E. or N.E. 12th Street. 3. . :Major'.access to the:property to be to; N;E.` 12th. Street and/or Pierce Avenue N.E. 4.. Filing Of restrictive covenants running ;with "the-land.agreeing to the. aforementioned conditions. ORDERED'THIS 21st day of October '?,;1977. L. Rick eeler M1` Land Use Hearing Examiner TRANSMITTED.THIS 21st day of OctOber, , 1977 by Affidavit of Mailing to the parties of record: Ray Ball, Sr. . Norman .Abrahamson William J. Jackson Jon A. Nelson" ' Charles R,: Sh'oaf Margaret:Taylor TRANSMITTED THIS 21st day: of October, 1977 -to the. following: Mayor Charles. J. Delaurenti Council President George Perry Councilman Richard M. Stredicke Warren C. Gonnason; Public'.Works Director Gordon• Y:. .Ericksen, Planning. Director s"- Ron Nelson, Building Division_ Gerard M. Sheilan,'. City Attorney R-083-7,7 Page Four Pursuant to Title :[V, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before November 4, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a.written request,for review by the Examiner within fourteen (l4) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant,'s and-,the Examiner may, after review- of the record, take further action as he deems proper. : .; An appeal' to the City Council :is_ governed. by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk:"accompanying a filing fee of $25.00 and meeting other specified requirements.' 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R083-71 ; -property located on the south side of N . E . 12th Street' between Pierce Avenue N . E . and Queen Avenue N . E . 4 APPLICANT Margaret L . and Ray, H.', Ball , Sr.TOTAL AREA -± One Acre i . PRINCIPAL ACCESS N.E. 12tK.Street, Pierce Avenue N.E.. and Queen Avenue N4, ,. .• EXISIING ZONING GS-1 e1- -' EXISTING USE . Single Family/undeveloped PROPOSED USE Single Family COMPREHENSIVE LAND USE PLAN '.Sindle Family ip_siliOntia1 COMMENTS'