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HomeMy WebLinkAboutLUA80-070 I I BEGINNING OF FILE FILE TITL\C% gt' O7Oa.. . MICRtFILMED I N T E R O•F F I C E CORRESPONDENCE Date 7-29-81 • TO: CITY CLERK FROM: ENGINEERING DEPARTMENT SUBJECT: NELSON MIDDLE SCHOOL SHORT PLAT NO . 070-80 WE HAVE CHECKED THE LEGAL DESCRIPTION AND CLOSURE OF THE REVISED NELSON MIDDLE SCHOOL SHORT PLAT No . 070-80 AND FOUND IT TO BE SATISFACTORY ACCORDING TO OUR RECORDS . THE SUBJECT SHORT-PLAT CAN NOW BE RECORDED IN KING COUNTY . PLEASE RETURN THE ORIGINAL MYLARS TO THIS DEPARTMENT AFTER RECORDING . VERY TRULY YOURS , ABDOUL GAFOUR ENGINEERING SPECIALIST OF i t. db =XL o THE CITY OF RENTON U 0-fi'�;�-:; Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 o ® � BARBARA Y. SHINPOCH, MAYOR DECOKES A. MEAD 90 `o' CITY CLERK ® (206) 235-2500 09q��D November 5, 1980 Renton School District #403 ATTN: Mr. Gary Kohlwes 435 Main Avenue South Renton, WA 98055 RE: Short Plat 070-80 and Waiver W-071-80 Nelsen Middle School Dear Mr. Kohlwes: The Renton City Council , at its regular meeting of October 20, 1980, reconsidered your appeal re waiver of off-site, improvements. The City Council determined that based on an error in fact by the Hearing Examiner in conclusion No. 4, there will not be a substantial increase in vehicular or pedestrain traffic due to .the multiple development matter on S. 27th St. and conourredwith the Hearing Examiner in all other matters; therefore,granting the waiver. If you have any questions, please feel free to call this office. Yours very truly, CITY OF RENTON Abu,/ ea-dL Delores A. Mead, C.M.C. City Clerk DAM/st cc: Bill Belmondo Mayor Hearing Examiner D RENTON CITY COUNCIL Regular Meeting October 20 , 1980 Municipal Building Monday , 8 : 00 P .M . Council Chambers MINUTES CALL TO ORDER Mayor Pro Tem Thomas W. Trimm led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF THQMAS W. TRIMM, Council President; EARL CLYMER, ROBERT HUGHES, COUNCIL RANDALL ROCKHILL, RICHARD M. STREDICKE, JOHN REED. CHARLES F. SHANE arrived 8:03 p.m. CITY OFFICIALS LAWRENCE WARREN, City Attorney; MICHAEL PARNESS, Administrative IN ATTENDANCE Assistant; MAXINE MOTOR, Deputy City Clerk;, WARREN GONNASON, Public Works Director; DON PERSSON, Police Dept. PRESS Greg Anderson, Renton Record Chronicle MINUTE APPROVAL MOVED BY STREDICKE, SECOND CLYMER, TO APPROVE THE COUNCIL MINUTES OF OCTOBER 13, 1980 AS WRITTEN. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and LID 312 mailed, Mayor Pro tem Trimm opened the Public Hearing to consider Revised Final the Revised Final Assessment Roll in the amount of $218,069.17 Assessment for street improvements on the West Valley Highway. Letter was Roll - West read from Harold W. Hill which requested relief for the assessment Valley Hwy. to his property. Letter was read_from_War-ren Gonnason, Public Works-Director-stating the protest is 13.45% of the total assessment roll . Mr. Gonnason explained the roll had been revised and new assessments were based on the actual amount of work done on the front of each property. MOVED BY CLYMER, SECOND REED, TO CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY CLYMER, SECOND REED, TO ACCEPT THE ASSESSMENT ROLL AS ADJUSTED. CARRIED. MOVED BY CLYMER, SECOND HUGHES, TO REFER THE MATTER TO THE WAYS AND MEANS COMMITTEE FOR ORDINANCE. CARRIED. AUDIENCE COMMENT Gary Kohlwes, 10816 Rowen Rd. S. , Seattle, Renton School District yR nton Schoo #403 Superintendent, requested council reconsider appeal re waiver- , of-off-site-improvements for Short Plat. MOVED BY SHANE, SECOND Short Plat 070-80, ROCKHILL, THE REQUEST FOR WAIVER OF OFF-SITE- IMPROVEMENTS SHOULD BE W-071-80 ` APPROVED. ROLL CALL: 4-AYE: HUGHES, ROCKHILL, STREDICKE,SHANE; 3-NO: TRIMM, CLYMER REED. MOTION -CARRIED. MOVED BY ROCKHILL, SECOND SHANE, BASED ON AN ERROR IN FACT BY THE HEARING EXAMINER IN CONCLUSION NO. 4 ,THAT THERE WILL NOT BE A SUBSTANTIAL INCREASE IN VEHICULAR OR PEDESTRIAN TRAFFIC DUE TO THE MULTIPLE DEVELOPMENT MATTER ON S. 27TH ST. AND CONCURRENCE WITH THE HEARING EXAMINER IN ALL OTHER MATTERS. AMENDING MOTION BY REED, SECOND HUGHES, TO GRANT WAIVER- OF-OFF-SITE IMPROVEMENTS. CARRIED. ORIGINAL MOTION AS AMENDED CARRIED. Alley in Area . John Troxel , 388 NW 112th, Seattle, requested matter re alley of Sunset Vista in area of the New Taco Bell be brought out at this time. MOVED Apartments 8 BY STREDICKE, SECOND REED, TRANSPORTATION COMMITTEE REPORT BE New Taco Bell READ AT THIS TIME. CARRIED. Councilman Stredicke presented Transportation Committee report that no information, other than Mr. Troxel 's letter was provided for the committee and that the matter should be referred to the Administration. MOVED BY STREDICKE, SECOND ROCKHILL, TO CONCUR IN THE COMMITTEE REPORT. CARRIED. Mr. Troxel noted previous request for closure of alley at the end of the Tavern property so the alley could not be used as a through street, adding concern for the children who play in the alley. Mr. Troxel also requested screening of the retention pond. Ed Baicy, 20857 108th Ave. SE, Kent, presented petition with seven petition from signatures stating need for a traffic barrier to close alley, Apartment House landscape buffer of trees along setback, improve alley to city Owners) standards, relocate retention pond & dumpster, and review access approach to the Taco Bell from Sunset Blvd. and parking along west side of building. Mr. Baicy also added children use the alley for access to the school and that nlany cars speed through the area. 401 • Renton City Council October 20, 1980 Page Two Audience Comment - Continued Alley in Area Chester Biggins, 2611 NE Sunset Blvd„,, requested closure of the of Sunset Vista alley to through traffic, especially for the safety of the Apartments & children in the area. Richard Floth, 12652 SE 158th, noted New Taco Bell possible problem of cars- backing into the alley from the new Taco Bell parking spaces that abut the alley. MOVED BY SHANE, SECOND,REED TO REFER THE MATTER BACK TO THE TRANSPORTATION COMMITTEE. CARRIED. Recess MOVED BY STREDICKE, SECOND REED, COUNCIL RECESS. CARRIED. 9:10 p.m. Council reconvened at 9:17 p.m. Roll Call : All Council Members were present as previously listed. CONSENT AGENDA The following items are adopted by one motion which follows those business matters included: Proclamation Mayor's Proclamation for Octoberfest Celebration Days, October 25-26, 1980. Council Concurred. Board of Public Administrative Assistant requested revision of two ordinances, Works/Environ- addition of Building Director to members of Board of Public Works mental Review and change membership of Environmental Review Committee to "three Committee city officials to be appointed by the Mayor". Refer to Ways and Means Committee. Transfer of Municipal Court requested transfer of funds in the amount of Funds-Municipal $6,787.64 needed for part time employees to handle increased Court case load and the court is now processing own citation in computers requiring a vast amount of personnel time. Refer to Ways and Means Committee. • Olga M. Lewis Larid 'Use Hearing- Examiner recommended approval with restrictive Rezone covenants of Olga M. Lewis Rezone R-080-80. G-6000 to L-1 property R-080-80 located at 519 SW 12th St. Refer to Ways and Means Committee for ordinance. - Kohl Excavating, Land Use. Hearing Examiner recommended approval wlith conditions Inc. of Kohl Excavating, Inc. Preliminary Plat PP-076=80, E-091-90. PP-076-80 Property located between 80th Ave. S. and SW 3rd1P1 . north of Preliminary Plat SW Sunset Blvd. Council concurred. Claim for Claim for damages filed by Puget Sound Power & Light Co. for Damages-Puget alleged damage to underground facilities at 20061Edmonds Dr. SE Power in the amount of $244.00. Refer to City Attorney and Insurance Carrier. Claim for Claim for damages filed by Harold R. Macklin for alleged sewer Damages-Harold back-up caused by break in line, October 1980. Cost of services R. Macklin claimed $31 .59. Refer to City Attorney and Insurance Carrier. Alley Vacation City Clerk presented petition of Winford K. Moore request for Winford K. Moore vacation of a portion of an alley, 6th St. between Cedar Ave. and Mill Ave. S. Refer to Public Works Dept., Board of Public Works, and Transportation Committee for determination of valid petition, appraisal and retention of utility easements. Refer to Ways and Means. Committee for a resolution setting December 1 , 1980 for public hearing. Federal Shared Finance Dept. request for public hearing on Federal Shared Revenue Revenue to be set October 27, 1980 per State Law. Council Concurred. Consent Agenda MOVED BY STREDICKE, SECOND SHANE, TO ADOPTED THE CONSENT AGENDA AS Adopted PREPARED. CARRIED. RENTON CITY COUNCIL • Regular Meeting October 13 , 1980 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF THOMAS W. TRIMM, Council President; EARL CLYMER, ROBERT HUGHES, COUNCIL RANDALL ROCKHILL, RICHARD M. STREDICKE, JOHN REED. CHARLES F. SHANE arrived at 8:07 p.m. MINUTE APPROVAL MOVED BY TRIMM, SECOND HUGHES, COUNCIL MINUTES OF OCTOBER 6, 1980 BE APPROVED AS WRITTEN. CARRIED. AUDIENCE COMMENT Robert McBeth, 505E S. 3rd, requested the matter of Appeal by the Renton School District be presented. MOVED BY ROCKHILL, SECOND Renton School CLYMER, SUSPEND REGULAR ORDER OF BUSINESS AND THE PLANNING AND District DEVELOPMENT COMMITTEE REPORT BE PRESENTED AT THIS TIME. CARRIED. Appeal Re The Planning and Development Committee Chairman Rockhill presented Short Plat 070-81 a report noting consideration of the School District Appeal of and Waiver 071-8. the Land Use Hearing Examiner' s decision of 9/2/80 and the decision on reconsideration dated 9/17/80 regarding Short Plat SP 070-80 and Waiver W-071-80, Nelsen Middle School , 32.27 acres proposed two lots with waiver of off-site improvements. The location is on the east side of Benson Road South, west of 108th Ave. SE, north of S 27th St. and south of Benson Apartments. The committee report stated the two members present at the meeting (Rockhill and Clymer) were unable to make a recommendation and gave a summary of the contentions on appeal and recommendations of the committee members : (1 ) That the requirement of upgrading the existing water 1 main on the school property to meet the minimum standards of the City Code prior to approval of the short plat is claimed unreason- able by the District which proposes upgrading the water system at time of development of the property. The Committee found the Hearing Examiner was not in error as the City Code requires all 1 improvements be installed according to minimum standards as part of short plat process and gives subdivider right to apply for deferral of improvements; (2) The applicant had requested waiver of off-site improvements along Benson Rd. (108th SE) to coincide with proposed City improvements. The Committee found no error in Examiner's decision as subdivider may apply for deferral under Code Section 9-1108 (21 ) ; (3) The Hearing Examiner required the District grant an easement from S 27th to the east edge of Lot 2 foremergency access to the development because of traffic congestion on Benson Rd. The Committee did not reach a decision as to whether error had been committed by the Examiner re emergency easement, Rockhill and Clymer being in disagreement; (4) The District request- ed waiver of off-site improvements along 108th SE and S 27th St. in the vicinity of the existing Spring Glenn School which is under lease to the Kent School District, all students being bussed to the school . Councilman Rockhill contended Examiner error in requiring off-site improvements when no further development was anticipated along S 27th since no easement for emergency traffic should be granted, students would not be using pedestrian walkways. Councilman Clymer contended that as emergency access was required from the east to new development over school property, off-site improvements should be installed to protect school children from emergency traffic. The report further stated the Committee was unable to make a recommendation for disposition of the School Dis- trict Appeal . Planning Director Gordon Ericksen displayed area maps. 1 Continued G. Kohlwes, 10816 Rowen Rd S, Seattle, Renton School District #403 Superintendent, requested appeal be granted, claiming requirements for off-site improvements based on error in fact. School District Attorney Robert McBeth further stated appeal . Following discussion City. Attorney Lawrence Warren noted the requirements and right to apply for deferral are stated in the subdivision ordinance. s . 410111 Renton City Council 10/13/80 Page 2 AUDIENCE COMMENT - Continued - Planning and D velopment Committee Appeal of MOVED BY STREDICKE, SECOND EED, COUNCIL CONCUR IN THE COMMITTEE Renton School RECOMMENDATION OF ITEMS 1 A D 2 FINDING NO ERROR IN EXAMINER' S District DECISION. CARRIED. MOVED. Planning and Development Committee Short Plat 070-80 Chairman Rockhill contended the Examiner was in error in requiring Waiver 071-80 the District to give emergency easement on school property to serve needs of the future develo.ment, that easement was not necessary. Councilman Stredicke noted for the record that approval for rezone to high density multiple h:s been granted. Motion by Rockhill , seconded by Hughes, to adost Item 3 of the Committee report as written, FAILED. MOVED BY REED, SECOND STREDICKE, COUNCIL CONCUR IN EXAMINER'S REPORT WITH 'EGARD TO COMMITTEE REPORT ITEM 3 ( ITEM NO. 2 - CONCLUSIONS OF TH EXAMINER) . MOTION CARRIED. Moved by Stredicke, Second Rockhill Council remove requirement ( Item No. 4) that improvem-nts be required at S 27th St. and 108th SE. SUBSTITUTE MOTION by. 'ockhill , Second Stredicke, that due to ' error in fact by the Heari g Examiner the Council waive require- ment for offsite improveme t on 108th SE and S 27th St. ROLL CALL: 3-AYES: HUGHES, ROCKHILL, STREDICKE; 4-NO: TRIMM, CLYMER, REED AND SHANE. MOTION FAILED. MOVED BY STREDICKE, SECOND REED, COUNCIL CONCUR IN THE HEAR NG EXAMINER' S RECOMMENDATION IN REGARD TO ITEM 4 OF THE PLANNING 'ND DEVELOPME `- COMMITTEE REPORT. MOTION CARRIED. District Councilman Stredicke calle. attentio to appointment of Robert Court Judge E. McBeth to King County District C urt Judge effective 1/1/81 (replaces Judge Mattson wh has be n appointed to Superior Court) . Recess MOVED BY STREDICKE, SECOND SHAN , COUNCIL RECESS. CARRIED. 9:30 PM Counej\l reconvened at 9:40 .m and Roll was called. All Council Members\were present. Ways and Means Richard Kennedy representi Seattle Northwest Securities requested Committee Item 5.b. b\ resented. 0 \ ED BY CLYMER, SECOND HUGHES, COUNCIL CONCUR. CARR ID. Letter fi`om Finance Director Gwen Marshall requested adopti of r sol tion and acceptance of Letter of Credit to proceed on int im inan ing regarding LID #314 (East Valley Hwy. area) . Refer the Ways and Means Committee. Councilman Clymer presented th ays an. Means Committee report recommending , resolution re supp /emen al f nds for LID #314 be read and adopted. MOVED BY CLYMER, ECOND AN , RESOLUTION BE READ. CARRIED. Resolution #2363 City Clerk Del M ad read - e resolution approving supplemental Funds LID #314 funds or credit for the bene it of LID #314 per Section VIII of East Valley Hwy Ordinance #339 , and authori . i g execution of agreements for funds Improvements or credit. VED BY CLYMER, S 'OND HUGHES, COUNCIL ADOPT THE RESOLUTION A'S READ. MOTION SARRI\ED. (Agreements were authorized with Glacief Park Co. , Metro Indus rial , Inc. and Broadacres, Inc. (Longacres?� for the funding g, arante. ) Deputy Finance Director Ted Benneit requested that th- Ways a d Means Committee report Interim be prese ted. Committee Chai man Clym r presented Ways and Means Financing Committ a report recommending that the finance Department be LID #314 authorized to request interim financing o LID #314. MOVED BY CLYME , SECOND ROCKHILL, APP'OVE COMMITT REPORT. CARRIED. Glenn Ruth Glenn R. Ruth, 3102 NE 5th Pl . , Apt. 2, spoke in favor of tenant Landlord-Tenant pr74tection, submitted 35 page •ocument showing the need for legisla- Legislation tion, citing cases of non-refu ded deposits, et and called -ttention to Seattle's laws an. need for just-cau a eviction laws. \. Michael Pointer Michael Pointer, 16803 SE 254t P1 . , Kent, South Kirig County Tenant Union Tenants ' Union, explained that a just-cause eviction notice law was in order for South King County noting problems for tenants in getting needed repairs accomplished without tenants being evicted. Pointer explained that the lan•lord does not need to have reason only gives 20 days notice; also noting less than 11-o vacancy rate. Pointer noted need for homes an. asked Council to consider legislation. CONSENT 'GENDA The following items are adopted by one motion which follows the\ business matters included: Renton City Council 10/13/80 Page 2 AUDIENCE COMMENT - Continued - Planning and Development Committee Appeal of MOVED BY STREDICKE, SECOND REED, COUNCIL CONCUR IN THE COMMITTEE Renton School RECOMMENDATION OF ITEMS 1 AND 2 FINDING NO ERROR IN EXAMINER'S District DECISION. CARRIED. MOVED. Planning and Development Committee ' Short Plat 070-80 Chairman Rockhill contended the Examiner was in error in requiring Waiver 071-80 the District to give emergency easement on school property to serve needs of the future development, that easement was not necessary. Councilman Stredicke noted for the record that approval for rezone to high density multiple has been granted. Motion by Rockhill , seconded by Hughes, to adopt Item 3 of the Committee report as written, FAILED. MOVED BY REED, SECOND STREDICKE, COUNCIL CONCUR IN EXAMINER'S REPORT WITH REGARD TO COMMITTEE REPORT ITEM 3 ( ITEM NO. 2 - CONCLUSIONS OF THE EXAMINER) . MOTION CARRIED. Moved by Stredicke, Second Rockhill Council remove requirement ( Item No. 4) that improvements be required at S 27th St. and 108th SE. SUBSTITUTE MOTION by Rockhill , Second Stredicke, that due to error in fact by the Hearing Examiner the Council waive require- ment for offsite improvement on 108th SE and S 27th St. ROLL CALL: 3-AYES: HUGHES, ROCKHILL, STREDICKE; 4-NO: TRIMM, CLYMER, REED AND SHANE. MOTION FAILED. MOVED BY STREDICKE, SECOND REED, COUNCIL CONCUR IN THE HEARING EXAMINER' S RECOMMENDATION IN REGARD TO ITEM 4 OF THE PLANNING AND DEVELOPMENT COMMITTEE REPORT. MOTION CARRIED. District Councilman Stredicke called attention to appointment of Robert Court Judge E. McBeth to King County District Court Judge effective 1/1/81 (replaces Judge Mattson who has been appointed to Superior Court) . Recess MOVED BY STREDICKE, SECOND SHANE, COUNCIL RECESS. CARRIED. 9:30 PM Council reconvened at 9:40 p.m. and Roll was called. All Council Members were present. Ways and Means Richard Kennedy representing Seattle Northwest Securities requested Committee Item 5.b. be presented. MOVED BY CLYMER, SECOND HUGHES, COUNCIL CONCUR. CARRIED. Letter from Finance Director Gwen Marshall requested adoption of resolution and acceptance of Letter of Credit to proceed on interim financing regarding LID #314 (East Valley Hwy.. area) . Refer to the Ways and Means Committee. Councilman Clymer presented the Ways and Means Committee report recommending resolution re supplemental funds for LID #314 be read and adopted. MOVED BY CLYMER, SECOND SHANE, RESOLUTION BE READ. CARRIED. Resolution #2363 City Clerk Del Mead read the resolution approving supplemental Funds LID #314 funds or credit for the benefit of LID #314 per Section VIII of East Valley Hwy Ordinance #3396, and authorizing execution of agreements for funds ' Improvements or credit. MOVED BY CLYMER, SECOND HUGHES, COUNCIL ADOPT THE RESOLUTION AS READ,. MOTION CARRIED. (Agreements were authorized with Glacier Park Co. , Metro Industrial , Inc. and Broadacres, Inc (Longacres) for the funding guarantee. ) Deputy Finance Director Ted Bennett requested that the Ways and Means Committee report Interim be presented. Committee Chairman Clymer presented Ways and Means Financing Committee report recommending that the Finance Department be LID #314 authorized to request interim financing on LID #314. MOVED BY CLYMER, SECOND ROCKHILL, APPROVE COMMITTEE REPORT. CARRIED. Glenn Ruth Glenn R. Ruth, 3102 NE 5th P1 . , Apt. 2, spoke in favor of tenant Landlord-Tenant protection, submitted 35 page document showing the need for legisla- Legislation tion, citing cases of non-refunded deposits, etc. and called attention to Seattle's laws and need for just-cause eviction laws. Michael Pointer Michael Pointer, 16803 SE 254th P1 . , Kent, South King County Tenant Union Tenants ' Union, explained that a just-cause eviction notice law was in order for South King County, noting problems for tenants in getting needed repairs accomplished without tenants being evicted. Pointer explained that the landlord does not need to have reason only gives 20 days notice; also noting less than 11% vacancy rate. Pointer noted need for homes and asked Council to consider legislation. CONSENT AGENDA The following items are adopted by one motion which follows the business matters included: 41010 410 RENTON CITY COUNCIL Regular Meeting October 13 , 1980 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF THOMAS W. TRIMM, Council President; EARL CLYMER, ROBERT HUGHES, COUNCIL RANDALL ROCKHILL, RICHARD M. STREDICKE, JOHN REED. CHARLES F. SHANE arrived at 8:07 p.m. MINUTE APPROVAL MOVED BY TRIMM, SECOND HUGHES, COUNCIL MINUTES OF OCTOBER 6, 1980 BE APPROVED AS WRITTEN. CARRIED. AUDIENCE COMMENT Robert McBeth, 505E S. 3rd, requested the matter of Appeal by the Renton School District be presented. MOVED BY ROCKHILL, SECOND Renton School CLYMER, SUSPEND REGULAR ORDER OF BUSINESS AND THE PLANNING AND District DEVELOPMENT COMMITTEE REPORT BE PRESENTED AT THIS TIME. CARRIED. Appeal Re The Planning and Development Committee Chairman Rockhill presented Short Plat 070-80 a report noting consideration of the School District Appeal of and Waiver 071-80 the Land Use Hearing Examiner' s decision of 9/2/80 and the decision on reconsideration dated 9/17/80 regarding Short Plat SP 070-80 and Waiver W-071-80, Nelsen Middle School , 32.27 acres proposed two lots with waiver of off-site improvements . The location is on the east side of Benson Road South, west of 108th Ave. SE, north of S 27th St. and south of Benson Apartments. The committee report stated the two members present at the meeting (Rockhill and Clymer) were unable to make a recommendation and gave a summary of the contentions on appeal and recommendations of the committee members : (1 ) That the requirement of upgrading the existing water main on the school property to meet the minimum standards of the City Code prior to approval of the short plat is claimed unreason- able by the District which proposes upgrading the water system at time of development of the property. The Committee found the Hearing Examiner was not in error as the City Code requires all improvements be installed according to minimum standards as part of short plat process and gives subdivider right to apply for deferral of improvements; (2) The applicant had requested waiver of off-site improvements along Benson Rd. (108th SE) to coincide with proposed City improvements. The Committee found no error in Examiner' s decision as subdivider may apply for deferral under Code Section 9-1108 (21 ) ; (3) The Hearing Examiner required the District grant an easement from S 27th to the east edge of Lot 2 foremergency access to the development because of traffic congestion on Benson Rd. The Committee did not reach a decision as to whether error had been committed by the Examiner re emergency easement, Rockhill and Clymer being in disagreement; (4) The District request- ed waiver of off-site improvements along 108th SE and S 27th St. in the vicinity of the existing Spring Glenn School which is under Tease to the Kent School District, all students being bussed to the school . Councilman Rockhill contended Examiner error in requiring off-site improvements when no further development was anticipated along S 27th since no easement for emergency traffic should be granted, students would not be using pedestrian walkways. Councilman Clymer contended that as emergency access was required from the east to new development over school property, off-site improvements should be installed to protect school children from emergency traffic. The report further stated the Committee was unable to make a recommendation for disposition of the School Dis- trict Appeal . Planning Director Gordon Ericksen displayed area maps. Continued G. Kohlwes, 10816 Rowen Rd S, Seattle, Renton School District #403 Superintendent, requested appeal be granted, claiming requirements for off-site improvements based on error in fact. School District Attorney Robert McBeth further stated appeal . Following discussion City Attorney Lawrence Warren noted the requirements and right to apply for deferral are stated in the subdivision ordinance. PLANNING AND DEVELOPMENT COMMITTEE REPORT TO : Renton City Council DATE: October 13 , 1980 FROM: Planning and Development Committee RE : Renton School District Short Plat SP 070-80 and Waiver W-071-80 The Planning and Development Committee has considered the appeal of the Land Use Hearing Examiner ' s Decision dated September 2 , 1980 , and the decision on reconsideration dated September 17 , 1980 . Councilman Rockhill and Councilman Clymer were the only members of . the Committee present at, the Committee Hearing and were unable to make a recommendation to the City Council . The following is a summary of the contentions on appeal by the School District and the recommendations' ofthe members of the Couuuittee. Basically,; ,the appeal by the''School, District is broken down into four points : 1. 'That the requirement of upgrading the existing water main on the school property to meet the minimum standards of the Renton City Code prior to approval of the short plat is unreasonable . The applicant proposes to upgrade the water system at the time of development of 'the property,, if any . On this point , the Committee finds that ' the Hearing Examiner is not in error since Section 9-1105 (.6) requires that all improvements be installed according to the minimum standards of the City of Renton as a part of the short plat process , subject to the subdivider's right to apply for deferral of the improvements under Section 9-1108 (21) . 2 . The 'applicant had requested waiver of off site improvements ' along Benson Road until the timing and configuration of the improvements could coincide with the improvements that the City expects to begin installing along Benson Road north of the subject .property. The members of the Committee find no error in the Hearing Examiner ' s decision in that the subdivider may apply for deferral of the improvements pursuant to Section 9-1108 (21) . , . O Planning and Development Committee Report October 13, 1980 Renton School District Short Plat SP 070-80 and Waiver W-071-80 - Page 2 3. The Hearing Examiner required the grant of an . easement by the School District over the school property from South 27th to the east edge of Lot 2 to provide emergency access to the develop- ment because of the traffic congestion on Benson Road. The Committee was unable to reach a decision as to whether error had been committed by the ' Examiner. Councilman Rockhill contended that the Examiner was in 'error in requiring the School District to give an emergency easement over the School District property to service the emergency access needs of the development. He contended that emergency access considerations for this development should abide by the requirements of the application for the building permit at which time the developer would be required to provide the access required by the subdivision code prior to obtaining plat approval and/or building permits. Councilman Clymer contended that emergency access from the east was necessary due to the congestion of Benson Road. 4. The applicant requested waiver of off-site improvements along 108th. Avenue S .E. and S. 27th Street in the . vicinity of the existing Spring Glen School . This building is under lease to the Kent School District and all students attending the school are bussed to the school. Councilman Rockhill contended that the Hearing Examiner was in error in requiring the installation of off-site improvements when there was no further anticipated development along S . 27th Street since no easement for emergency traffic should be granted and the students would not be using pedestrian walk- ways in going to and from the school. Councilman Clymer contended that so long as emergency access was required from the east to the new development and along an easement accessing from S. 27th Street over the school property, that the off-site improvements should be installed to protect the school children from emergency traffic. The Committee is unable to make a recommendation as to disposition of the appeal. / 41 i Ra dye Rokhill, Chairman ---- 0`1A .0 Earl Clymer `c' • PLANNING AND DEVELOPMENT COMMITTEE REPORT TO : Renton City Council DATE: October 13 , 1980 FROM: Planning and Development Committee RE : Renton School District Short Plat SP 070-80 and Waiver W-071-80 The Planning .and .--Development Committee has considered. the appeal of the Land Use Hearing Examiner ' s Decision dated September 2 , 1980 , and the decision on reconsideration dated September 17 , 1980 . Councilman Rockhill and Councilman Clymer were the only members of the Committee present at the Committee Hearing and were. unable to make a recommendation to the City Council . The following is a summary of the contentions on appeal by the School District and the recommendations of the members of the Committee. Basically, the appeal by the School District is broken down into four points : 1 . That the requirement of upgrading the existing water main on the school property to meet the minimum standards of the Renton City Code prior to approval of the short plat is unreasonable . The applicant proposes to upgrade the water • system at the time of development of the property, if any. On this point , the Committee finds that • • the Hearing Examiner is not in error since Section 9-1105 (6) requires that all improvements be installed according to the minimum standards of the City of Renton as a part of the short plat process , subject to the subdivider's right to apply for deferral of the improvements ,under Section 9-1108 (21) . 2 . . The applicant had requested waiver of off site improvements along Benson. Road until the timing and configuration of the improvements could • coincide with the improvements that the City expects to begin installing along Benson Road north of the subject property. The members of the Committee find no error ' in the Hearing Examiner' s decision in that the subdivider may apply for deferral of the improvements pursuant to Section 9-1108 (21) . • • Planning and Development Committee Report October 13 , 1980 Renton School District Short Plat SP 070-80 and Waiver W-071-80 Page 2 3. The Hearing Examiner required the grant of an easement by the School District over the school property from South 27th to the east edge of Lot 2 to provide emergency access to the develop- ment because of the traffic congestion on Benson Road. The Committee was unable to reach a decision as to whether error had been committed by the Examiner. Councilman Rockhill contended that the - Examiner was in error in requiring the School District to give an emergency easement over. the School District property to service the emergency access needs of the development. He contended that emergency access considerations for this development should abide by the requirements of the application for the building permit at which time the developer would be required to provide the access required by the subdivision code prior to obtaining plat approval and/or building permits. Councilman Clymer contended that emergency access from the east was necessary due to the congestion of Benson Road. 4 . The applicant requested waiver of off-site improvements along 108th Avenue S .E. and S. 27th Street in the vicinity of the existing Spring Glen School . This building is under lease to the Kent School District and all students attending the school are bussed to the school. Councilman Rockhill ,contended that the Hearing Examiner was in error in requiring the installation of off-site improvements when there was no further anticipated development along S . 27th Street since no easement for emergency traffic should be granted and the students would not be using pedestrian .walk- ways in going to and from the school. Councilman Clymer contended that so long as emergency access was required from the east to the new development and along an easement accessing from S. 27th Street over the school property, that the off-site improvements should be installed to protect the school children from emergency traffic. The Committee is unable to make a recommendation as to disposition of the appeal. Randy Rockhill, Chairman Earl Clymer. 0041/ 410410 Renton City Council 10/6/80 Page 3 CONSENT AGENDA - Continued Appeal An appeal has been filed by the Renton School District regarding Renton School the Hearing Examiner's recommendation re Short Plat 070-80 and District Waiver of off-site improvements W-071-80; Nelsen Middle School , SP-070 and 32.27 acres into two lots. The Hearing Examiner recommended approval W-071-80 of the short plat with conditions and denial of the waiver. Refer to the Planning and Development Committee for recommendation. Claims for Claim for Damages was filed by Paul H. Cato, 659 Ferndale Ct. NE, Damages Renton, in amount of $149.89 claiming City truck backed into his parked car. Refer to City Attorney and Insurance Carrier. Paul Cato Claim for Damages was filed by Virginia M. Wagner, 6025 S 119th, for Virginia Wagner Troy D. Cicci in amount of $77 claiming injury while swimming in Lake Washington. Refer to City Attorney and Insurance Carrier. C. Schillereff Claim for Damages was filed by Carla M. Schillereff, 29702 SE 208th Maple Valley, claiming she hit drainage grate and damaged her vehicle in an undetermined amount. Refer to City Attorney and the Insurance Carrier. Harry Patterson Claim for Damages was filed by Harry E. Patterson, 3217 Mt. View Ave. N, in amount of $200 estimated, claiming sewer overflow damaging house. Refer to City Attorney and Insurance Carrier. US Immigration Claim for Damages was filed by the U.S. Immigration and Naturali- zation Service, 815 Airport Way S, Seattle, claiming the jail gate closed on van; $117. Refer claim to City Attorney and Insur- ance Carrier. Revised Union Ave Letter from City Clerk Mead presented the 10% letter of Intent to Annexation Annex property to the City located on the east side of Union Ave 10% Petition NE between NE 4th Street and Heather Downs; known as the Revised Public Meeting Union Ave. Annexation. The letter explained the Planning Depart- 11/3/80 ment has certified signatures to represent 30% of the assessed value; that in addition, another 15% of the assessed value of the annexation has signed covenants to annex in order to obtain City water. The letter noted these signatures have not been obtained for the petition at this time. The letter recommended a public meeting be set for November 3, 1980 at which time the Legislative body would need to determine whether to accept the letter of intent, require adoption of the zoning ordinance, pre-existing bonded indebtedness and whether to authorize circulation of the 75% petition. The letter noted that in addition, a determination was needed whether the properties which have signed covenants to annex should be required to join in the annexation. Council concur in public meeting 11/3/80. Revised Rainier Letter from City Clerk Delores Mead submitted the 75% petition for Annexation annexation of area located on west side of Rainier Ave. N southwest 75% Petition of the Renton Airport; known as the Revised Rainier Annexation. Public Hearing The Planning Department certified the petition valid, that signa- 10/27/80 tures represent 100% of the assessed valuation, at least 75% required by law. Circulation of the petition was authorized at the prelimin- ary meeting held by Council 9/15/80 at which time the owners agreed to accept the City's Comprehensive Plan, Zoning and assume any pre- existing bonded indebtedness of the City. The Clerk's letter recommended a public hearing be set for 10/27/80. Council concur. Police Travel Letter from Police Chief Hugh Darby requested that a member of the Investigations Division attend the Western States Safe and Burglary Conference to be held at South Lake Tahoe, California on 11/3-5/80. Advance travel funds of $269 were requested. Council concur. Consent Agenda MOVED BY TRIM, SECOND ROCKHILL, APPROVE THE CONSENT AGENDA AS Approved PRESENTED. CARRIED. Councilman Stredicke requested full information for all Consent Agenda matters. Renton City Council 10/8/80. . Page 4 CORRESPONDENCE AND CURRENT BUSINESS Latecomer Letter from Mortimer H. Thomas, PE, Gardner Engineers, Inc. , Agreement Artic Building Penthouse, Seattle, requested that the City enter. John Stone Mini into a latecomers agreement for watermain being installed on the Warehouse west side of 91st Ave. S between SW 23rd and 80' south of SW 19th, which is beneficial to adjacent properties. The letter requested the above properties reimburse John Stone for one-half the cost of installing the mains adjacent to them at the time of their con- nection. MOVED BY SHANE, SECOND TRIMM, REFER MATTER TO THE UTILITIES COMMITTEE. CARRIED. Tenant Letter from Glenn R. Ruth, 2202 NE 10th PI , #101 , noted lack of Legislation tenant legislation for Renton and South King County and requested Requested by to attend a Council meeting to discuss need for tenant protection. Glenn Ruth MOVED BY STREDICKE, SECOND BY REED, REFER THE LETTER TO THE ADMINISTRATION TO EXTEND INVITATION TO MR. RUTH TO ATTEND COUNCIL MEETING AT ANY TIME AND THAT THE POLICE DEPARTMENT BE ADVISED OF THE EXTENDING OF THIS INVITATION. CARRIED. Law and Justice Letter from John D. Spellman, King County Executive, noted no Planning Funds funds have been appropriated to support the federal Law Enforcement Assistance Administration's grant program in fiscal year 1981 , meaning no new LEAA grants will be awarded and that the County as of 10/1/80 has no funds to support this fundtion and that the interlocal agreement in King County is no longer needed. The letter explained the interlocal agreement which was signed by most participating jurisdictions in 1975 provides for termination of the agreement upon three month's notice and gave formal notice of the termination effective 1/1/81 . OLD BUSINESS Councilman Shane inquired re study for deletion of utility tax, B&O Tax especially for senior citizens and low income, and implementation Utility Tax of business and occupation tax, a motion having been passed by Council approving the study. Shane urged passage of the B&O tax on national corporations and removal of the utility tax on home owners. Councilman Stredicke recalled his letter request that City's utility tax be removed for all senior citizens and handi- capped that qualify for the City's reduced utility rate. Admini- strative Assistant Michael Parness recalled the Administration response and Mayor Shinpoch noted copy of Deputy Finance Director Ted Bennett ' s report would be furnished. Discussion ensued re pro- posed B&O and amount of the utility tax revenue. MOVED BY REED, SECOND BY SHANE, THAT THE MATTER OF UTILITY BREAK FOR SENIORS AND THE HISTORY OF THAT MATTER BE REFERRED TO THE COMMITTEE OF THE WHOLE. CARRIED. Transportation Transportation Committee Chairman Stredicke submitted committee (Aviation) report recommending that the Airport Control Tower be insured at Committee its replacement cost of $307,500 rather than its actual cash Airport Tower value after deducting depreciation of $246,000, as recommended Insurance by the Airport Director. The report stated the twoer was originally built in 1960 at a cost of $96,500; and that the insurance premium for the replacement value is $783 vs $627 for actual cash value. MOVED BY STREDICKE, SECOND ROCKHILL, CONCUR IN COMMITTEE REPORT. CARRIED. Signalization Transportation Committee Chairman Stredicke recommended acceptance NE 4th & Union of the low bid of Signal Electric, Inc. of Kent in the amount of Contract Award $101 ,509. 10 for NE 4th Street and Union Ave. NE signalization and roadway widening. Stredicke noted Engineer's estimate $111 ,442.80 The Committee concurred in award of the contract to Signal Electric Inc. as recommended by the Public Works Department. MOVED BY STREDICKE, SECOND ROCKHILL, REMOVE THIS ITEM FROM THE TRANSPORTA- TION COMMITTEE AND AWARD TO SIGNAL ELECTRIC, INC. AT $101 ,509. 10. CARRIED. Alley in area Councilman Stredicke requested report regarding Jon E. Troxel matter , of Sunset Vista as reported in 9/22/80 Minutes Page 2, Paragraph 8, concerning alley Apartments and in the area of Sunset Vista Partments and the new Taco Bell in the New Taco Bell Highlands area. Public Works Director Warren Gonnason reported meeting with Mr. Troxel and review of site. MOVED BY ROCKHILL, 4 .: OF RSA f „ o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 oiaL BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 90 co' CITY CLERK • (206) 235-2500 O �Q 9�rFD SEP�EsiiO September 29, 1980 CFICATE OF MAILING ss. STATE OF WASHINGTON) CERTIFICATE COUNTY OF KING ) DELORES A. MEAD, City Clerk of the City of Renton, 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 29th day of September 1980, 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 , to all parties of record, a true and correct NOTICE OF APPEAL FILED BY ROBERT E. MCBETH, ATTORNEY FOR RENTON SCHOOL DISTRICT NO. 403, Short Plat -070-80,W-071-80. Ai a Delores A. Mead, City Nerk SUBSCRIBED AND SWORN TO BEFORE me this 29th day of September, 1980. Notary Public in and for the State of Washington, residing in King County st 1 \I NEED COPIES TO: SENT CITY ATTORNEYt S •(OFFICE RECORD CHRONICLE (PRESS) MAYOR' S OFFICE / f CITY COUNCIL l/ FINANCE DEPARTMENT > HEARING EXAMINER 1 PLANNING DEPARTMENT �r PUBLIC WORKS DIRECTOR PARK DEPARTMENT T- PERSONNEL DEPARTMENT POLICE DEPARTMENT OF IR4 �� ® o THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 o BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 094 CITY CLERK • (206) 235-2500 0,9gT�D SEP� 042' September 29, 1980 APPEAL FILED BY ROBERT E. MCBETH, ATTORNEY FOR RENTON SCHOOL DISTRICT NO. 403 RE: Appeal of Land Use Examiner' s Decision Dated September 2, 1980, Renton School District (Nelson Middle School) Short Plat 070-80 and Waiver W-071-80 To Parties of Record: Appeal of Land Use Hearing Examiner's decision has been filed with the City Clerk, along with the, proper fee of $25.00, pursuant to Title 4, Ch. 30, City Code as amended. The City Code requires the appeal must be set forth in writing. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council 's Planning and Development Committee and will be considered by the City Council when the matter is reported out of Committee. Please contact:the .Council Secretary 235-2586, for date and time of the committee and council meetings, should you desire to attend. Yours very, truly, CITY OF RENTON ft Delores A. Mead, C.M.C. �. City Clerk DAM/st r/F . 111 GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H.DONALD GOUGE P. O. BOX 26 ROBERT E.McBETH 505-8 SOUTH THIRD STREET GARY F. FAULL RENTON,WASH INGTON 98055 n CElWED (206( 255-5600 R September 22, 1980 $Ep 26 1960 QIS`� Q� REMO" MA`�QR°S mirk The Honorable Barbara Y. Shinpoch, Mayor Members of the Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 Re: Renton School District - Short Plat Application Appeal from Hearing Examiner' s Recommendation Hearing Examiner's File No. SP-070-80 W-071-80 Dear Mayor Shinpoch and Members of the Renton City Council: I have been asked to represent the Renton School District, applicant in the above referenced matter, and have been asked to assist them in seeking review of the decision rendered by the City of Renton Hearing Examiner in the above referenced matter. The Hearing Examiner submitted his formal report and recommendation to the City Council, dated September 2 , 1980, recommending that the City Council approve the requested Short Plat of the property subject to certain conditions relating to the establishment of access easements and upgrading of the existing water main for Nelson Middle School. The request for. waiver of off-site improvements was denied. On September 12, • 1980 , we filed our "Request for Reconsideration" with the office of the Hearing Examiner requesting review of that de- cision. Our request for reconsideration was denied by letter from the Hearing Examiner on September 17, 1980 . Having no other recourse, we hereby file this appeal from the recommenda- tion and decision now rendered by the Hearing Examiner in this . matter. ' Specifically, we ask that the City Council reconsider and alter the Hearing Examiner' s recommendation, and in support . thereof, we would submit the following: 1. Waiver of Off-Site Improvements - South 27th Street: Our strongest objection to the Hearing Examiner' s V I GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H.DONALD GOUGE P. O. BOX 26 ROBERT E.McBETH 505-B SOUTH THIRD STREET i'*VR" •, GARY F. FAULL r' RENTON,WASHINGTON 98055 (206) 255-5600 y, rs ' September 22 ,. 1980 . . CUT/ ifF RENTON . MA'OR'S :OFFIO' ii The Honorable Barbara Y. Shinpoch,' Mayor Members of the Renton City Council Renton Municipal Building 200 'Mill Avenue 'South Renton, Washington 98055 Re: Renton School District :- Short Plat Application Appeal from Hearing Examiner's Recommendation Hearing Examiner's File No. SP.-070=80 . W-07:1-80 Dear Mayor Shinp.och .and Members of the Renton City Council: • I have been asked to represent the 'Renton School' District, . applicant in the 'ab.ove referenced' matter, and have been asked to assist .them in seeking review 'of: the decision rendered by. the City of Renton Hearing Examiner in the above referenced matter. The Hearing Examiner submitted his' 'formal report and recommendation to the City Council, dated September. 2, 1980 , . recommending that the City Council approve the requested Short Plat of the property subject to certain condition's- relating to the establishment 'of access 'easements and upgrading of the existing water main for Nelson Middle School. The. :request fo waiver of off-site improvements was denied. On .September 12 , 1980, we filed our "Request for Reconsideration" with the office 'of the Hearing Examiner requesting review of that de- cision. Our request for reconsideration was denied by .letter. from the Hearing Examiner on September 17, 1980. Having no SLy other recourse,. .we hereby file this appeal 'from .the :recommend' - 410° tion and decision now rendered by the Hearing Examiner in this PAID • matter. and submit herewith - our check in the 0-0 ill PQyin rit of the ursuant to Ti e- , • . s auueiidud.. Specifically, we 'ask that .the City Council reconsider and alter the nearing Examiner' s recommendation, and in support thereof, we would submit the 'following: 1. • Waiver of 'O'f-f-:Site: 'Impr:ov'ements: 'South '27th Street:: Our strongest objection to the Hearing Examiner's I/ The Honorable Barbara Y. Shinpoch, Mayor Members of the Renton City Council September 22, 1980 Page 2 decision revolves around the denial of the applicant' request for waiver of off-site improvements on South 27th Street and 10.8th Avenue S.E. , in effect requiring that those improvements be installed as part of the Short Plat process. We would point out and emphasize that no physical change is occurring to either street or to the school facilities on site which create any immediate need for such improvements. This is a rural, residentially developed area and will not be impacted by any potential development on Lot 1. There is no justification for curbs , gutters and sidewalks and they should not be required unless there is some immedi- ate need for such facilities. This area has been fully developed with single family homes across the street - on a dead end street with limited traffic. The school grounds are presently open with unrestricted access and pedestrians can easily traverse the length of this street without difficulty. The cost of these improve- ments would strain an already tightened school district budget for very little benefit. Such improvements will serve very little useful purpose and should not be re- quired at this 'time. 2. Waiver 'of Off-Site Improvements = Benson Road: While we recognize the ultimate' need for off-site improvements along Benson Road, we feel that such improvements are premature. We are asking that these improvements be waived until an LID is formed to install such improvements in one overall project. There is ;little to be gained by .a piecemeal installation of such improve- ments along Benson Road. 3. ' Emergency Access: We cannot emphasize enough our total opposition to the Hearing Examiner' s requirement that the applicant provide an easement for emergency access to Lot 2 across the school district' s property. The topography on the easterly boundary of Lot 2 is not conducive tb access improvements.. There is a frontage of 604 feet along Benson Road which is more than adequate to handle access to Lot 2 . There is no justification for additional access from the east. The legitimate health and safety concerns of potential residents of Lot 2 can be completely handled by access along Benson Road. ► i <1 1 The Honorable Barbara Y. Shinpoch, Mayor Members of the Renton City Council September 22, 1980 Page 3 We sincerely hope that you will review the Hearing Examiner's de- cision in this matter and that you will modify his recommendation in light of this request. Very ' ruly yours, ,e1A54.J01147 ROBERT E. McBETH REMcB:mr . i I TY OF R,E N _ 1 I FINANCE DEPARTMENT ®, 154217 RENTON, WASHINGTON 98055 v cU �� • q � aGI 19R0 RECEIVED OF G�O�Q, C- Q k . e- TOTAL aS O ; .•.. GWEN E. MARSHALL, FINANCE DIRECTOR ' . BYq .,-- e)\ 1 • 1 (?,76i L. % '7 OF RA,, o THE CITY OF RENTON c� �i 0 z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 09,0 co- CITY CLERK • (206) 235-2500 0gr�D SEPSE�se September 24, 1980 CERTIFICATE OF MAILING STATE OF WASHINGTON) ss. COUNTY OF KING ) DELORES A. MEAD, City Clerk of the City of Renton, 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 24th day of September, 1980, 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 , to all parties of record, a true and correct NOTICE OF APPEAL FILED BY GEORGE W. AKERS, ATTORNEY FOR RENTON SCHOOL DISTRICT NO: 403, Short Plat 070-80, W-071-80: Delores A. Mead, City`Cl rk - I SUBSCRIBED AND SWORN TO BEFORE me this 24th day of September, 1980. !. Notary Public in and for the State of Washington, residing in King County st NEED COPIES TO: SENT X CITY ATTORNEI ' S •OFFICE RECORD .CHRONICLE (PRESS) MAYOR' S OFFICE CITY COUNCIL / FINANCE DEPARTMENT :HEARING EXAMINER '' PLANNING DEPARTMENT X ,?N PUBLIC WORKS DIRECTOR ., PARK DEPARTMENT PERSONNEL DEPARTMENT POLICE DEPARTMENT X , 1 /�P//llrlt'�.%Mn/i 47lniy,isi� i%we, OF R4,,, �•, 0 THE CITY OF RENTON `� ® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 n . o BARBARA Y. SHINPOCH. MAYOR • DELORES A. MEAD 4 tr. CITY CLERK • (206) 235-2500 o (Q' 9�TD SEPS00 September 23, 1980 APPEAL FILED BY GEORGE W. AKERS, ATTORNEY FOR RENTON SCHOOL DISTRICT NO. 403 RE: Appeal of Land Use Examiner' s Decision Dated September 2, 1980, Renton School District (Nelson Middle School) Short Plat 070-80 and Waiver W-071-80 To Parties of Record: Appeal of Land Use Hearing Examiner' s decision has been filed with the City Clerk this date, along with the proper fee of $25.00, pursuant to Title 4, Ch. 30, City, Code, as amended. The City Code requires the appeal must be set forth in writing. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council ' s Planning and Development Committee and will be considered by the City Council when the matter Ls reported out of Committee. Please contact the Council Secretary 235-2586, for_ dateand time of the committee and council meetings,'.sliou.ld`you_;des iNre to attend. _'- Yours very truly, CITY OF RENTON i — Delores A. Mead, C.M.C. City Clerk DAM/st CITY OF RENTON / - FINANCE DEPARTMEN . / -/ NO. 15365 RENTON, WASHINGTON 98055 19 Y6) -2- /4 RECEIVED OF ilL-/( il+ric) (-7-7)1 rd CC- n.kn.$) it ( .00 TOTAL GWEN E. MARSHALL, FINANCE DIRECTOR • BY • ... . •, , . r F WAHINGTON AFFIDAVIT OFOFING MAILING e undersigned, being first duly sworn, on oath states:That on / 4 a this day affid-nt deposited in the mails of the United States of America �a properly stamped end addressed envelope directed to SEP 1930 •ROBE RLF Mf BE'f N t AW RF NGE d Td /attorneys of record for,.{° io*" e^', containing a copy of the llpp���� �yI P docu ent to which this idavit is attached. 6Q.�t�.� �� l .b i- ��� CITY of RENTON , Subscribed and Sworn to before me this Z day of SEP1tn�A19 ESL ' I •\'. CLERK'S Lit: ICE' V 01Q A!: \ ? c;1 Notary Public to and r the fate of Washington0 i' Residing at Cln OFFICE OF THE LAND USE HEARING EXAMINER ) FILE NO. Sh. Pl. 070-80, RENTON SCHOOL DISTRICT NO. ) W-071-80 403, NOTICE OF APPEAL Appellant. Appellant, Renton School District No. 403 ("District") , herewith appeals to the City Council for the City of Renton, for review of a Decision of the Hearing Examiner in this case in which motions for reconsideration were denied on September 17, 1980. The Hearing Examiner erred in the following respects: 1. Denying the District' s request for waiver of improvements to ,South' 27th Street and 108th Avenue Southeast, and in effect requiring these improvements to be installed as part of the short plat process. No changes are occurring to the street or school facilities to require improvements { such as curbs, gutters and sidewalks. The area has been i. • fully developed with single family homes across the street, on a dead end street with limited traffic. Moreover, it appears unlikely that expenditure of public funds from a limited school budget for such improvements can be justi- fied. NOTICE OF APPEAL - 1. 2. Requiring the immediate off-site improvements to Benson Road, rather than delaying such improvements until such time as the City makes similar improvements to Benson Road immediately to the north. 3. Requiring the granting by the District of a sec- ondary access easement from the east until such time as improvements to Benson Road are completed or until deemed unnecessary by the fire department, rather than allowing for emergency and/or secondary access directly from Benson Road. The easterly side of the property does not have a topography conducive to such access improvements, particularly when 604 feet of access along Benson Road can handle all of such health and safety needs. 4. Failing to specifically allow for four or five alternative methods of upgrading the existing water system. DATED: September , 1980. AL1441 GEORGE AKERS Of Montgomery, Purdue, Blankinship & Austin, Attorneys for Appellant. NOTICE OF APPEAL - 2 . • A of ; z THE CITY OF RENTON TOD414-Y MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o �L m BARBARA' Y. SHINPOCH. MAYOR 0 LAND USE HEARING EXAMINER 9'O FRED J. KAUFMAN. 235-2593 0gT0D SEPI 's"e' September 17, 1980 Mr. Robert E. McBeth P.O. Box 26 Renton, WA 98055 RE: File No. Short Plat 070-80, W-071-80; Renton School District. Dear Mr. McBeth: I have reviewed the request for reconsideration by both yourself as representative of the applicant and a similar request by the School District 's own counsel . My response to those requests follows below: 1 . As was indicated in the original decision, the area in which the subject property is located is undergoing rapid development and is changing from a rural/suburban environment to a suburban/urban environment. The record, as evidenced by comments from the Planning, Police and Traffic Engineering Departments, recommended installation of off-site improvements surroi'-:ding the subject property including the areas east and south of the subject site. These areas are expected to see further growth in the near future. The promise of future participation in an LID, if one is formed, is not binding. Covenants have proven to be both ineffective and unworkable if a proper exaction at all . The public safety of both students and other pedestrians would be better served by separating foot traffic and vehicle traffic by the installation of off-site improvements including but not limited to sidewalks and street lighting, the latter necessary during the darkness of early morning and early evening in winter. 2. I believe that the subject of off-site improvements along Benson Road was sufficiently considered in the decision of this office, and the record supports the denial of a waiver which would permanently excuse the applicant from improving Benson Road, a busy, heavily traveled arterial . The city intends to improve Benson just north of the subject site within the next year or two. The applicant may still apply for a deferral so that the two projects may be timed to coincide. 3. The question of providing secondary emergency access to the proposed site for multifamily housing along Benson Road was also sufficiently documented in the original decision. In the matter of providing for the public health and safety and welfare, the applicant can afford to be temporarily inconvenienced. If the eastern access easement is determined by the Fire Department to be unnecessary, The easement can be dissolved and the secondary access can be Robert E. McBeth September 17, 1980 Page Two provided along Benson Road. as proposed by the applicant. Otherwise, should the Fire Department determine the necessity of the eastern emergency access, it would be difficult, if not impossible, to acquire the easement following division and sale of the properties into separate ownership if it is not acquired at this time. Until site plans are submitted and the Fire Department determines the best placement of a secondary access, the easement from the east should be required. • 4. There was no objection at the hearing to the requirement to upgrade the water system which serves the school facilities and general area, but only to the"method to be used. Such upgrading is required for the public welfare and the safety of both students attending the facilities and future residents of the proposed multifamily development along Benson Road. The applicant will have to provide sufficient fire flow and general water pressure to service the proposed development. It is customary to grant the system to the city for future maintenance. Your right to appeal this reconsideration to the City Council is preserved, and you must file such appeal within 14 days of this decision (October 1 , 1980) if you find such appeal necessary. Yours truly, Fred J. Kaufman Hearing Examiner cc: Parties of Record George W. Akers, Atty. , Norton Building, Seattle, WA • GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H.DONALD GOUGE P. O. BOX 26 ROBERT E.McBETH SOS-0 SOUTH THIRD STREET GARY F. FAULL ' RENTON,WASHINGTON 98055 (FoR) September 12 , 1980 RECEIVED Mr. Fred J. Kaufman CITY ®F RENTON Hearing Examiner HEARING EXAMINER City of Renton S E P 1 2 198 D Renton Municipal Building AM PM Renton , Washington 98055 718,9,10,11,1211 ,2,•>141516 RE: Motion for Reconsideration Renton School District Short Plat File #070-80 Request for Waiver #W071-80 Dear Mr. Kaufman: On behalf of the applicant, this Motion for Reconsideration is hereby filed with your office requesting that you reconsider the decision previously issued on September 2 , 1980 , with regard to the above referenced application, and in support thereof , we would submit the following: 1. WAIVER OF OFF-SITE IMPROVEMENTS - SOUTH 27th STREET : Our strongest objection to your decision revolves around your denial of our request for waiver of off-site improvements on South 27th Street and 108th Avenue S.E. , in effect requiring that those improvements be installed as part of the short-plat process. We continue to emphasize that no physical change is occurring to either street or to the school facilities on site which create any immediate need for such improvements. There is no justification for curbs , gutters and sidewalks and they should not be required unless there is some immediate need for such facilities. This areas has been fully developed with single family homes across the street - on a dead end street with limited traffic. The school grounds are presently open with unrestricted access and pedestrians can easily traverse the length of this r street without difficulty. The cost of these improvements would strain an already tight school district budget for very little benefit. Such improvements will serve very little useful purpose and should not be .required at this time. r.. Mr. Fred J. Kaufman Hearing Examiner • City of Renton September 12 , 1980 Re: Motion for Reconsideration Renton School District Page 2 • 2 . WAIVER OF' OFF-SITE' IMPROVEMENTS' BENSON ROAD: While we recognize the ultimate need for off-site improvements along Benson Road, we feel that such improvements are premature. We are asking that these improvements be waived until an LID is formed to install such improvements in one over- all project. There is little to be gained by a piecemeal install- ation of such improvements along Benson Road. 3. EMERGENCY ACCESS : We cannot emphasize enough our total opposition to any requirement that we provide an easement for emergency access to Lot #2 across the school property. The top- ography on the easterly boundary of Lot #2 is not conducive to access improvements. There is a frontage of 604 feet along Benson Road which is more than adequate to handle access to Lot #2 . There is no justification for additional access from the east. The legitimate health and safety concerns of potential residents of Lot #2 can be completely handled by access along Benson Road. We sincerely hope that you will review your decision in this matter and that you will modify your recommendations in light of this request. Very.- truly yours, 5-6,..A1XOn it ROBERT E. McBETH REMcB:ji cc; Renton School District William Belmondo ----' ' q ekfTet ' Ya.1_ , .%7=. 1.-. :','; '. ..-' .':• ' - ' ...i::,-, - - ru„ ,?,1 ' Rau MLA U.---i- t_r5 \e','"' L. ., ..:._ ' S" P 1 5 9�;44ICEJOF THE LAND USE HEARING EXAMINER WARREi &KELLOGG ) FILE NO. Sh. Pl. 070-80, BY ) W-071-80 RENTON SCHOOL DISTRICT NO. 403, ) APPLICATION FOR Applicant. ) RECONSIDERATION OF ) HEARING EXAMINER DECISION Applicant, Renton School District No. 403 ("District") , herewith requests review and reconsideration by the Hearing Examiner /of his decision dated September 2, 1980. The District/ feels that the Hearing Examiner specifically erred 1 I. in :the following respects : l. '': Denying the District' s request for waiver of improvements to South 27th Street and 108th Avenue Southeast; 2. I Requiring the granting by the District of a secondary , access .easement from the east until such time as improvements to Benson Road are completed, rather than allowing for emergency access and/or directly from Benson Road, or waiving the required off-site improvements to Benson Road entirely; and 3. Requiring improvement and additions to the existing water main on the school property. DATED: September /5 , 1980. RECEIVED ., CITY OF RENTON - 11... � , 1, � �,�� 8 HEARING EXAMINER E P 1 51980 GEORGE W AKERS AM PM Of Montgomery, Purdue, Blankinship 7,B1911011, 120 & Austin, Attorneys for Applicant. GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H.DONALD GOUGE P.O. BOX 26 ROBERT E.McBETH 505-B SOUTH THIRD STREET GARY F. FAULL RENTON,WASHINGTON 98055 (206) 255-5600 September 12 , 1980 RECEIVED Mr. Fred J. Kaufman CITY OF RENNER Hearing Examiner HEARING EXAMINER City of Renton S E P 12 198D Renton Municipal Building AM PM Renton , Washington 98055 7181911051102111213,415,6 RE: Motion for Reconsideration Renton School District Short Plat File #070-80 Request for Waiver #W071-80 Dear Mr. Kaufman: On behalf of the applicant, this Motion for Reconsideration is hereby filed with your office requesting that you reconsider the decision previously issued on September 2 , 1980 , with regard to the above referenced application., and in support thereof , we would submit the following: 1. WAIVER OF OFF-SITE IMPROVEMENTS - SOUTH 27th STREET: Our strongest objection to your decision revolves around your denial of our request for waiver of off-site improvements on South 27th Street and 108th Avenue S .E. , in effect requiring that those improvements be installed as part of the short-plat process. We continue to emphasize that no physical change is occurring to either street or to the school facilities on site which create any immediate need for such improvements. There is no justification for curbs , gutters and sidewalks and they should not be required unless there is some immediate need for such facilities. This areas has been fully developed with single family homes across the street - on a dead end street with limited traffic. The school grounds are presently open with unrestricted access and pedestrians can easily traverse the length of this street without difficulty. The cost of these improvements would strain an already tight school district budget for very little benefit. Such improvements will serve very little useful purpose and should not be required at this time. • Mr. Fred J. Kaufman • Hearing Examiner • City of Renton September 12 , 1980 • Re : Motion for Reconsideration Renton School 'District , Page 2 2 . ' WAIVER, OF OFF-SITE' IMPROVEMENTS' - BENSON ROAD: While we recognize the ultimate need for off-site improvements along Benson Road, we feel that such improvements are premature. We are asking that these improvements be waived until an LID is formed to install such improvements in one over- all project. There is little to be gained by a piecemeal install- ation of such improvements along Benson Road. 3 . EMERGENCY ACCESS : We cannot emphasize enough our total opposition to any requirement that we provide an easement for emergency access to Lot #2 across the school property. The top-. ography on the easterly boundary of Lot #2 is not conducive to access improvements. There is a frontage of 604 feet along Benson Road which is more than adequate to handle access to Lot #2 . There is no justification for additional access from the east. The legitimate health and safety concerns of potential residents of. Lot #2 can be completely handled by access along Benson Road. We sincerely hope that you will review your decision in this matter and that you will modify your recommendations in light of this request. Verruly yours, / -let,.il/JkSe/S—C• ROBERT E. McBETH REMcB:ji • cc: Renton School District William Belmondo / . ,- ,,--/, --/ro--- - .., -,7,-„ ',-- L'j ' -f.:4-11-- IRCEDWE' . ,..�� .G' [�•�� ��..'_'LE:__-i• ;FP 15 44iICE OF THE LAND USE HEARING EXAMINER WARREN&KELLOGG By ) FILE NO. Sh. Pl. 070-80, ) W-071-80 RENTON SCHOOL DISTRICT NO. 403, ) APPLICATION FOR Applicant. ) RECONSIDERATION OF HEARING EXAMINER DECISION Applicant, Renton School District No. 403 ("District") , herewith requests review and reconsideration by the Hearing Examiner , f his decision dated September 2, 1980. The Discftict;, feels that the Hearing Examiner specifically erred 1 1.; in the fpllowing respects: :G,- 1. .��i Denying the District' s request for waiver of impovet.bents to South 27th Street and 108th Avenue Southeast; r p,,j; 2. : Requiring the granting by the District of a secondary accss etsement from the east until such time as improvements to Bensor4 Road are completed, rather than allowing for emergency access and/or directly from Benson Road, or waiving the required off-site improvements to Benson Road entirely; and 3. Requiring improvement and additions to the existing water main on the school property. DATED: September /5 , 1980. RECEIVED CITY..OF RENTON (i0c HEARING EXAMINER s1,. r.--:._- Oa,/ 8EP 1 51980 - r.:^: .� '; G ORGE W AKERS AM PM Of Montgomery, Purdue, Blankinship 7o8r;c gfi01M , ,2,,2,4.1543 cEP 'lb 9Ni & Austin, Attorneys for Applicant. OF I e$ ® z THE CITY OF . RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 oammo ° BARBARA'. Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9° `O FRED J. KAUFMAN. 235-2593 09grFD September 3, 1980 TO: Files FROM: Office of the Hearing Examiner SUBJECT: Clarification of Minutes; File No. Short Plat 070-80, W-071 -80; Renton School District. In response to a telephone request from Bill Belmondo, Renton School District , for clarification of his testimony contained in the minutes of the report which state his assurance of School District participation in future LID's in the area, following is the verbatim transcription: We cetcta.Lnly suppotct the tequest 04 the app1Lcan-t fan. the changes and wa.Lvetus in the 4 h0tc t plat teq wihemen t . I am parr t i,cuecur i?y concerned, o S co utus e, about the tequest fOn the imptovements on 27th and 108th. The VL t'u.ct has, in aImo4t a Z causes, pcuti,cLpated in LID's that have been requested in the areas adjacent to the schoo!. . A4 an example, we necentiy we/Le requested to peq0trm in an LID on Garden Stneet adjacent to the buts ganage area Sot s,Ldewaas, and cuAb4 and gutteAs, and 40 South, and I believe that we were the only ownet adjacent to that that appiwved that whetr.e o-then owners had 4ui4ici,ent powet and votes to 1Zite that patti,cucan LID. So I see down the toad -LSy an LID 4houed be requested -in that patcii,cutar area that I'm sune the 8oatcd o% D.vicectots wou,Id loo(z at it probably in a Syavotable tight. As San as the easement access 60r emergency punpo4es, that pnopv ty was declared 4unplu4 by the School D,Lsttui.ct atig,Lna!iy because o4 the contoutc 4ot one o4 the teatsows. Thetce just wasn't anything that we could do with that ptwpetcty. Lt completely fenced oSS atom the existing school pto pe ty; the slope o S the ptopetr ty makes it atmo4t impossible to- get down. {tom that area towards the Benson -- in other wond4, when you ate t aVe. Lng (tom east to west. I teatey concutc with the suggestion that another emergency easement access can be made o{S .the Benson Highway along that 600 Soot expanse in that parr t i cuean cur.ea. Bas.Lca-Ply, these ate the 4eetings oS the abstAict. IS you have any quest ors, I wouP.d be happy to an,wet them. • \CO:mAr-41----± Fred J . Ka man Hearing Ex finer • cc: Parties of Record I - 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 2nd day of September , 19 80 , affiant 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. 011 e/;:) fJ Subscribed and sworn this a day of ae iii4 jef 19 ' O . \\Wld' U4iç' NotaryPub ' ci Public in and for 'the State• - of Washington, residing at Renton • Application, Petition or Case: File No. Sh. Pl . 070-80; Renton School D i st r i c (The mLnwte4 contain a £44t os the pantgea os necond) September 2, 1980 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION . APPLICANT: Renton School District FILE NO. Sh. Pl . 070-80, W-071-80 LOCATION: The east side of Benson Road South, west of 108th Avenue S.E. , north of S. 27th Street and south of Benson Apartments. SUMMARY OF REQUEST: The applicant seeks approval of a short plat of 32.27 acres into two lots, along with a waiver of off-site improvements. SUMMARY OF ACTION: Planning Department Recommendation: Approval with restrictive covenants Hearing Examiner Decision: Approval of short plat with conditions; Denial of waiver PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on August 20, 1980. 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 August 26, 1980 at 9:40 a.m. in the Council Chambers of the Renton Municipal Building., Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report. Roger Blaylock, Associate Planner, reviewed the report, and entered the following exhibits into the record: Exhibit #1 : Application File containing Planning Department report and other pertinent documents ' Exhibit #2: Short Plat as subritted (2 sheets) Exhibit #3: Vicinity Map with staff comments The Examiner requested testimony by the applicant. Responding was: Robert E. McBeth P.O. Box 26 Renton, WA 98055 The Examiner inquired regarding the size of Lot 1 . Mr. McBeth advised that Lot 1 contains approximately 3. 3 acres. Referencing Section M.4 which recommends necessary off-site improvements to Benson Road S. at the time of construction of the complex, Mr. McBeth requested that the improvements be waived until such time as the city's improvement project at the intersection of Benson Road S. and Puget Drive commences in order to determine the exact design and configuration of the roadway. He indicated that improvements, if installed at the time of construction, may be required to be modified or removed during the city' s project if design configurations do not conform. Regarding improvement to S. 27th Street and 108th Avenue S.E. , Mr. McBeth advised that the rural, residentially developed area will not be impacted by the development since Lot 2 containing existing schools will not be modified in any way, and improvement of those roadways should not be required since they provide access only to the schools. Referencing Sections M.1 and M.2, which recommend provision of a 30-foot wide easement on the west side of Lot 1 running from S. 27th Street to the southern boundary of proposed Lot 2, and filing of restrictive covenants requiring improvement of that easement as a condition of site approval , Mr. McBeth advised the applicant's total opposition to the requirement to provide emergency access from the east. He noted that topography at the southeast corner of the boundary of Lot 1 designated for emergency access is extremely steep and would make access very difficult. He also indicated the desire to prevent access to the proposal by school students. In lieu of the staff's recommendation, Mr. McBeth requested that emergency access be provided from Benson Road S. which would be a more. efficient route for emergency vehicles. Sh. Pi . 070-80 Page Two Referencing Section M.3 of the staff report, which discusss completion of a looped water system around Nelson Middle School , Mr. McBeth advised prior meetings with Public Works Department staff to discuss design alternatives, but he noted that site development plans must be finalized in order to determine fire flow requirements to establish ea definite solution. In summary, Mr. McBeth reiterated previous concerns that flexibility be maintained in the wording o" the recommendation regarding the looped water system to allow provision of one of four o'r five alternatives at a later date depending upon fire flow requirements; that emergency access be provided from Benson Road S. in lieu of .the specified location to th.e east; and' that off-site improvements to Benson Road S. not be installed at the time of construction of the complex but delayed until the city's improvement project commences. The Examiner noted his assumption that a building permit would not be issued unless fire flow requirements are met. The Examiner requested testimony by the Public Works Director. Responding was: Warren C. Gonnason Public Works Director The Examiner inquired if a firm date or definite design configuration has been established for improvement of Benson Road S. , and advised that a determination has been made by the Hearing Examiner that if a requested waiver is determined to be appropriate, approval should not be subject to conditions such as restrictive covenants. He also noted the possibility..of deferment of the improvements limited to a maximum period of two years. Mr. Gonnason indicated that the department has no objection to approval of a waiver of improvements on Benson Road S. subject to execution of a restrictive covenant to require participation in the improvement project at a future date. He advised that the city project terminates 300 feet north of the subject site, and no continuous improvement to the site is proposed at this time. The city proposes a general configuration of a five-lane roadway consisting of two lanes in each direction and a left turn lane, he noted. Responding to the Examiner's inquiry regarding whether the applicant could rely on the fact that five lanes would be continued in a southerly direction on- Benson Road, Mr. Gonnason felt that the proposed configuration could be determined at the time of development of the complex, although he was uncertain whether the drainage system would function properly without an intervening section. He also advised that concurrent development of the roadway by the city and the applicant would be preferable. Mr. McBeth requested confirmation that the city could determine location of off-site improvements for the subject site at this time, and inquired whether installed improvements would require removal or modification at a later date when the city's' project is underway. Mr. Gonnason felt that although improvements could be designed •and located on a permanent basis at this time, it would be preferable for them to be accomplished concurrently with the city's project which will commence within-one year. Responding to Mr. McBeth's inquiry regarding proposed emergency access from the east rather than Benson Road S. , Mr. Gonnason advised that while determination of the location may not be under the purview of the Public Works Department, it was his opinion that the topography would impede provision of the access road due to grading problems, and access from Benson .Road S. would be acceptable due to existence oF a 600-foot depth along the frontage. Regarding improvement to S. 27th Street and 108th Avenue S.E. , he had no objection to approval of a waiver subject to execution of restrictive covenants requiring participation in any future LID in the area. Mr. Gonnason also advised that water system improvements would be required, and the existing system would subsequently be turned over to the city after meter facilities have been changed. He noted that existing fire flow deficiences would be corrected on the school site, and necessary easements would be provided ' or future looping of the water system. in connection with development of Lot 2. The Examiner requested further testimony in support of the application. Responding was: Bill Belmondo Renton School District 435 Main Avenue S. Renton, WA 98055 Mr. Belmondo indicated support of the applicant's requests for revision of the staff recommendation as well as requests for waiver of off-site improvements. Regarding the request for waiver of improvements to S. 27th Street and 108th Avenue S.E. , he assured the participation of the -School District in any future LID in the area. Mr. Belmondo advised that Lot 2' of the subject site had been declared surplus by the School District due to the contour and steep topography of the land, and for this reason he supported the objection to provision of emergency access from the east and indicated preference for secondary access to Benson Road S. Responding to the Examiner's inquiry regarding Spring Glen Elementary School , Mr. Belmondo advised that the school has been leased to the Kent School District for a five year period. w ` Sh. ri . 070-80 Page Three The Examiner requested testimony in support or opposition to the application. There was no response. He then invited final comments from the Planning Department staff. Mr. Blaylock referenced discussion regarding proposed emergency access to the east and recommended that the easement be reserved on the face of the plat for a period of three or four years to assure future acquisition if access cannot be provided from Benson Road S. He indicated concern regarding waiver of off-site improvements on S. 27th Street and 108th Avenue S. E. since uncertainty exists regarding School District participation in the future depending upon financial status, and suggested that the applicant apply for a deferral from the Board of Public Works fora period of two years for the Benson Road S. improvement. Mr. McBeth advised that a deferral would be acceptable; however, he maintained his opinion that no showing of need or logic had been made to require emergency access from the east or that impact from the proposed development would require improvement of S. 27th Street and 108th Avenue S.E. The Examiner requested further comments . Since there were none, the hearing regarding File No. Short Plat 070-80 and W-071-80 was closed by the Examiner at 10:30 a.m. FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS : 1 . The request is for approval of a two-lot short plat together with a request for waiver of the required off-site improvements . 2. The application file containing the application, SEPA documentation, the Planning Department report, and other pertinent documents was entered into the record as Exhibit #1 . 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971 , R. C.W. 43.21 .C. , as amended, the subject proposal has been determined exempt from the threshold determination by the Environmental Review Committee, responsible official . ' 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. The subject property is located on the east side of Benson Road S. north of S. 27th Street and west of-108th Avenue S.E. Part of the subject, property, proposed Lot 1 , is used for the Spring Glen Elementary School and Nelson Middle School . 6. The subject site was annexed into the city in 1961 at which time the current zoning, G-7200 (General , Single Family Residential , Minimum lot size - 7,200 square feet) , was applied. A portion of the subject property, proposed Lot 2, is currently being considered by the City Council. for reclassification to R-3 (Medium Density Multifamily) after a recommendation by the Hearing Examiner that the rezone be approved. 7. The major portion of the subject site (Lot 1) is level . The remainder of the site, that portion adjacent to Benson Road S. , has slopes ranging from 4% to 20%. The site is covered with lawn grasses on the east and trees and shrubs on the west along Benson Road. Only the portion containing the schools is developed. 8. The Comprehensive Plan designates the area in which the subject site is located as suitable for the development of public and quasi-publft uses and medium density multifamily development. 9. The Public Works Department has indicated that the current fire flows and water main capacity in the area serving the subject property and especially the school complex may be insufficient to permit large scale development. A loop water system of some type has been proposed to permit further development on proposed Lot 2 of the subject property while maintaining the integrity of the water supply to the school site. The Public Works Department has indicated that the current private water main serving the school will have to be improved and turned over to the city for control and maintenance. The applicant concurred with this requirement. 10. The area in which the subject property is located is an area which is currently undergoing considerable growth north, northeast and west of the site. The Benson Apartments and other condominiums are north of the subject site and Victoria Hills is located on the. west. The city is currently constructing a temporary fire station south of the subject site to accommodate growth in the subject area and in the industrial area west of the subject site. 11 . Traffic on Benson Road during peak hours is extremely heavy and SR-515, a proposed state bypass, is expected to alleviate some of the traffic problems in the area. ' Sh. Pl . 070-80 Page Four No specific plans or timetables are available on construction of SR-515, but the final EIS for the project has not been published. The City of Renton, as part of its Six Year Street Plan, proposes widening Benson Road north of the subject site. The Public Works Department, the Planning Department, and the Police Department have advised that complete off-site improvements along Benson Road should be installed by the applicant. The timing of the city's improvements is unsettled. but is estimated to begin in the next calendar year. The configuration will most likely be a five lane/left turn lane roadway. 12. The rezone pending before the City Council would permit 105 units which would generate approximately 640 vehicle trips along the Benson Road. 13. Improvements have been recommended by the Planning Department and the Police Department and by the Public Works Department in written comments. The Public Works Director has indicated that they could be installed subject to an LID. 14. The east side of the subject property is the site of two school facilities serving e.eme.:tary and middle school age children. 15. The Fire Department has indicated that emergency access to Lot 2 is required, and recommended that that access be from the east via an easement. The applicant instead suggested emergency access via Benson Road S. CONCLUSIONS: 1 . The proposed short plat appears to serve the public use and interest. Currently, the entire parcel is owned by the Renton School District. The School District utilizes only a portion of the subject site. The remaining 3.3 acres is undeveloped and while in School District ownership is removed from the tax rolls of the city. Approval of the short plat will allow the School District to sell the parcel , thereby returning the parcel to the tax rolls, and will permit the conversion of the land to a useful purpose. In this case, medium density multifamily housing will be developed on the site subject to reclassification of the site to R-3 by the City Council and a subsequent site approval by the Hearing Examiner. 2. The proposed short plat will divide the property into two parcels. One of the parcels will contain the two school facilities, the other a proposed multifamily development. Complete segregation of the parcels into separate ownership will sever access from the east to the smaller parcel (Lot 2)' fronting on Benson Road. Since the Fire Department has indicated that secondary access to the site must be provided and specific plans for development of the multifamily units are conceptual , interim access to the site must be provided by easement from the east. The concerns about trespass by school children cannot override the concerns for the health and safety of potential residents of the apartment complex. An easement. from the east to Lot 2 shall be provided until such time as the Fire Department is satisfied that secondary access to the site can be safely provided., from Benson Road at which time the easement may be dissolved by agreement of the School District and the potential purchasers of Lot 2. It is only during the short plat stage that the easement can be easily obtained as a requirement of approval , and, ..therefore,' it is appropriate to require the easement at this juncture. When and if, as determined by the Fire Department, the easement is no longer required, the parties can end the easement. 3. A waiver of the required off-site improvements would be inappropriate as permanent relinquishment of the city' s right to have the applicant install off-site improvements in this fast. growing area would not meet the public's needs. A deferral would be the better alternative. The short plat will eventually permit the development of up to 105 units on Lot 2 fronting along Benson Road, and, therefore, the applicant should be require.d to improve that portion of Benson along their respective frontage. The timing and configuration of these improvements should coincide with the improvements the city expects to begin installing within the year along Benson Road north of the subject property. A temporary deferral would be more appropriate because Benson Road is currently heavily congested and requires remedial action including the installation of off-site improvements. , 4. Similarly, a waiver of the improvements along the east and south of Lot 1 (108th Ave. S. E. and S. 27th. Street) ,should not be waived. A large school complex is located on Parcel 1 and improvements should be installed for the protection of student-pedestrians and others in the area. Again, a permanent waiver of the requirement to install improvements along 108th and 27th would not serve the public welfare. As the Traffic Engineering Department has indicated, there is a, substantial increase in pedestrian and vehicular traffic due to the increase in density in the areas north, east and, west of the school site and the entire subject property. Sh. P1 . 070-80 Page Five 5. The concerns raised about fire flow would best be dealt with in the site review process and in the building permit stage. The Public Works Department can work with the applicant in defining what type of system to employ to provide adequate fire flows for the school complex and the proposed development. The Environmental Review Committee will also have occasion to assess the impacts on water and fire safety at the building permit and site review stage'. DECISION: Exhibit #2 is approved subject to: 1 . Creation of an easement in favor of. Lot 2 across Lot 1 , such easement to be in full force and effect until site plans including a secondary access to Lot 2 are approved by the Fire Department. If such approval is not forthcoming, the easement shall be permanent. 2. Upgrading the existing water main on the school proper..y subject to approval of the Public Works Department and an easement in favor of the city for that main. The requested waivers of the required off-site improvements are denied. ORDERED THIS 2nd day of September, 1980. Fred J. K u man Land Use Hearing Examiner TRANSMITTED THIS 2nd day of September, 1980 by Affidavit of Mailing to the parties of record: Robert E. McBeth, P.O. Box 26, Renton, WA 98055 Bill Belmondo, Renton School District, 435 Main Ave. S. , Renton, WA 98055 TRANSMITTED THIS 2nd day of September, 1980 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Michael Porter, Planning Commission Chairman Ron Nelson, Building Division Supervisor Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before September 16, 1980. Any aggrieved person feeling that the decision of the Examiner is based on erroneous..procedure, errors of law or fact, error in judgement, 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 Finance Department, first floor of City Hall , or same may be purchased at cost in said department. /, / PLANNING DEIPN' TIMEINIT IPRELIMIINIARY( REPORT TO TIME HEARING EXAMINER AUGUST 20, 1980 PUBLIC HEARING APPLICANT : RENTON SCHOOL DISTRICT FILE NUMBER : Short Plat 070-80 , W-071-80 A . SUMMARY ARY & PURPOSE OF REQUEST: The applicant seeks approval of a short plat of 32 . 27 acres into two lots, along with a waiver of off-site improvements . • B . GENERAL INFORMATION: TIONI: 1 . Owner of Record: GARY F . KOHWLES FOR RENTON SCHOOL DISTRICT 2 . Applicant : RENTON SCHOOL DISTRICT 3 . Location : (Vicinity Map Attached) The east side of Benson Road South, west of 108th Avenue S . E . , north of South 27th Street and south of Benson Apartments 4. Legal Description : A detailed legal description is available ton file in the Renton Planning Department . 5 . Size of Property : Approx . 32 .27 acres 6 . Access : Via Benson Road South, South 27th Street and 108th Avenue S .E . 7. Existing Zoning : G-7200, Residence Single Family ; minimum lot size 7200 sq . ft . (R-3 zoning request on proposed Lot #2 pending) t� 8 . Existing Zoning in the Area : G-7200; SR-1 , Residence Single Family ; R-4, Residence Multiple Family 9 . Comprehensive Land Use Plan: Medium Density Multiple Family ; Public/Quasi-Public 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Seattle Times on August 13, 1980 and posted in three places on or near the site as required by City ordinance on August 12, 1980 . d PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : RENTON SCHOOL DISTRICT , Short Plat 070-80 ,W-071-80 AUGUST 26 , 1980 PAGE TWO C . HISTORY/ ACKGR®UIFlJD: The subject site was annexed into the City by Ordinance 1909 of September 20 , 1961., at which time the present zoning classification was applied . A request for rezoning proposed Lot #2 to . R-3 was heard by the Hearing Examiner on July 29, 1980 . D . PHYSICAL BACkU OUND: 1 . Topography : Proposed Lot 1 is essentially level, • while Lot 2 slopes downward from east to west at grade ranging from 4-20%. 2 . Soils : Alderwood gravelly sandy loam (AgC) . Permea- bility is moderately rapid in the surface layer and subsoil and very slow in the substratrum. Runoff is slow to moderate, and the erosion hazard is moderate . This soil is used for timber , pasture , berries , row crops , and for urban development . 3 . Vegetation : The natural vegetation on Lot 1 has been replaced with lawn and shrubs . Lot 2 remains primarily in semi-natural vegetation with shrubs along the Benson Road frontage and playground style grasses . 4. Wildlife : Only Lot 2 would provide any substantial natural habitat for birds and small mammals . 5 . Water : No surface water was observed on the subject site (August 12 , 1980 ) . 6 . Land Use : Lot 1 contains Spring Glen Elementary School and Fred Nelson Junior High School , Lot 2 is essentially undeveloped. However , to the north are a series of condominium projects and to the south the grounds of Fred Nelson Middle School . To the west is the Victoria Hills PULE' under construction , and to the south and east are existing single family subdivisions . E . NEIGHBORHOOD CHARACTERISTICS : The surrounding properties are generally a mixture of medium to high density dondominium units and single family residences . F . PUBLIC SERVICES : 1 . Water and Sewer : A 10" water main and 8" sanitary sewer extend north-south on Benson Road adjacent to the subject site . A 8" waterline has been looped through the Benson Apartments to the north . 2 . Fire Protection : Provided by the Renton Fire Dept . per ordinance requirements. 3 . Transit : Metro. Transit Route #155 operates along Puget Drive S .E . within ; mile to the north of the subject site . 4. Schools : Spring Glen Elementary School is within a mile to the south •of the subjec site , while Fred Nelson Middle School is adjacent to the south and Lindbergh High School is within lZ miles to the east . 5 . Recreation : Some recreational opportunities are Middln qnhn,r11 arl .._ 'rt / PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : RENTON SCHOOL DISTRICT , Short Plat 070-80 ,W-071-80 AUGUST 26 , 1980 PAGE THREE to the site . Talbot Hill Park is located 1/3 of a mile to the east , while Phillip Arnold Park is approximately one mile to the northeast . G . APPLICA!:;LE SECTIONS OF THE ZONING CODE: 1 . Section 4-729 , G , General Classification District . 2 . Subdivision Ordinance, Section 9-1105 , Short , Subdivisions . 3 . Subdivision Ordinance , Section 9-1105 (6)B, Short Subdivisions . H . APPLICIAILE SECTIONS OF THE C® 'P68EMEINSIVE PLAIN OR OTHER OFFICIAL CITY DOCUMENT: 1 . Policy Statement , Comprehensive Plan, Renton Urban Area , 1965 , pge 5, B-2 , Density Plan. I . IMPACT OF THE (NATURAL OR HUMAN ENVIRONMENT : 1 . . Natural Systems : Rezone of the subject site will not directly affect the property. Subsequent develop- ment will , however , disturb the vegetation, remove the soils , increase storm water runoff, and have an effect on traffic and noise levels in the area . Through proper development controls and procedures , however, many of these impacts can be mitigated. 2 . Population/Employment : Future development of, Lot 2 to the maximum density of 105 units permitted by R-3 zoning would result in an increase of approxi- mately 265 persons in the area (105 units x 2 .5 persons per unit ) . 3 . Schools : Approximately 25 additional pupils ( . 25 pupils x 105 units ) may be expected , if the R-3 zoning is granted and the maximum development is realized. 4. Social : Development of the subject site would provide increased opportunities for social interaction among the future residents . 5 . Traffic : The short platting of the subject property will not impact traffic . However , development of the property to the maximum density permitted in the R-3 zone would result in an additional 640 vehicle trips per day (105 units x 6 .1 trips ) on Benson Road . Actual traffic movements are only unsubstantiated estimates until an actual proposal is submitted. J . 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 , the subject proposal is exempt from the threshold determination of environmental_.significance. K . AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division . 2 . City of Renton Engineering Division . 3 . City of Renton Traffic Engineering Division . 4. City of Renton Utilities Division . 5. City of_ Renton Fire Department . 6 . Renton School District No . 403 . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : RENTON SCHOOL DISTRICT , Short Plat 070-80 ,W-071-80 AUGUST 26 , 1980 PAGE FOUR L PLANNING DEPARTMENT ANALYSIS : 1 . The subject proposal is consistant with the Comprehen- sive Plan and the existing zoning which designates the site as G-7200 , Single Family Residential . 2 . The proposal is intended to separate a parcel of unused school property from the established school complex of Fred Nelson Middle School and Spring Glen Elementary School . The ultimate use of the proposed lot #2 will be for multiple family residen- tial pending Council action on the proposed rezoning of lot #2 to R-3 . Lot #1 will remain school facility . The present land uses in the area include three condominium apartment projects located north of the subject site but south of Puget Drive . Across Benson Road to the west is a multiple family resi- dential complex proposed in Phase 2 of Victoria • Hills and to the east and south of the site are established single family residential areas located in King County . 3 . The applicant has requested a waiver from all off-site improvements . This would include improvements to Benson Road South, South 27th Street and 108th Avenue S .E . The Public Works Department has stated • that off-site improvements should be completed at this point and the waiver denied based upon the fact of increased demand from major multiple family residential development projects in the area . The Police Department concurs in the position that the waiver should not be granted at this time on Benson Road South . The street improvements for South 27th Street and 108th Avenue S .E . would be the standard cross- section with two lane road , curbs , gutters and sidewalks . However , the ultimate design for street improvements fenson Road South could range from adding a left turn lane to a full five-lane arterial . The impact of the ultimate development of proposed lot #2 has not been evaluated at this time and is not properly evaluated until the time of the review of the site plan by the Hearing Examiner for the apartment or condominium complex . The specific design for street improvements adjacent to the proposed condominium complex is dependent upon the specific traffic demands generated by the ultimate project . Therefore, it would appear that burdening the short plat at this time prior to the actual development would be premature and unwarranted along Benson Road South . On the other hand, there would be no future review of parcel #1 , which would require those improvements . This would allow a substantial block of ground in an area where expansion of the City is possible to remain at pre-City standards , and the costs would either have to be picked up through the School District ' s own desires in the future or the formation of an LID in the area to improve the streets . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : RENTON SCHOOL DISTRICT , Short Plat 070-80 ; W-071-80 AUGUST 26 , 1980 PAGE FIVE 4. The Public Works Department indicated in their review of the rezone request that even though a 10" water main and an 8" sewer main are presently installed on Benson Road , they may not provide adequate services and the systems may need to be upgraded as a result of the heavy demand in the area . The Utilities Engineering Division has specifically drawn attention to the water system presently utilized by Fred Nelson Middle School . The lines are held in private ownership, and the City should obtain easements for maintenance of those lines . The present system is extended from Benson Road. South through an 8 inch and then a 6 inch main . Development of the apartment complexes north of the site and on proposed lot #2 will result in decreased water pressure available to the school . The waterline should be looped around the school on the north side and extended to the newly constructed 8 inch main in the adjacent Benson condominium complex project . This addition would be per the Comprehensive Water Plan adopted by the City in 1978 . (See Exhibit D) • 5 . The topographic features on the west side would appear to limit access from Benson Road for emergency vehicles . The Fire Department has stated that future development will require proper ingress and egress for emergency equipment . However , the time for acquiring those easements would be at the point of short platting. 0It would be next to impossible for the developer of the multiple family residential complex to . acquire an easement from the School District after they had sold the property. Logically, emergency access should be provided from the east . An easement could be granted by the School District from South 27th Street ,to the southern boundary of Lot 2 along the western boundary of Lot 1 . There is presently a road located in that specific location , and it would appear not to create any hardship upon the School Dis rict to provide an easement for emergency access only . Since the access is dependent only upon the proposed multiple family residential development , it would not appear appropriate for the School District to construct the improvement at this time but should be considered as a requirement of the site approval . Therefore, the Hearing Examiner should grant a waiver of this requirement . M. DEP/R TIEITAL RECOMMENDATIONS : Based upon the above analysis , the Planning Department recommends approval of the short plat request and partial approval of .the waiver request , file number Short Plat 070-80 and W-071-80, subject to the following conditions : 1 . Provision for a 30-foot wide easement on the west side of lot #1 running from South 27th Street to the southern boundary of proposed lot #2 . 2 . The filing of restrictive covenants on lot #2 for the owner to improve the emergency access easement provided in condition #1, if required by the Hearing Examiner as a condition of the site approval for the development of a multiple family residential complex on proposed lot #2 . I i PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : RENTON SCHOOL DISTRICT , SHORT PLAT 070-80 ; W-071-80 AUGUST 26 , 1980 PAGE SIX 3 . Completion of a looped water system around Fred Nelson Middle School with a connection to the north per City standards and the subsequent granting of easements for those lines to the City of Renton for public maintenance. The easements must appear on the face of the short plat . 4. The filing of restrictive covenants to run with the land. requiring the owners of lot #2 to make the necessary improvements to Benson Road South. at the time of construction of the multiple family ' residential complex . - 4 - - at _ .....� • ., femur 071r r'+.l swik karatill J ,y . GS-1 it :, "v`i A/t me -Iiiir ' ,-.111111101: 10111115 PS\ 's \ - I -- ''' ltilia Million% .1,,, k,.., '. '\ \-''' ' k, ,Irina=IIIIIIIIIOIPMAAIIIO Mia02L4CAZCICIL44;:a3;WO - ...'' .. " trummiwraiew a . ,01761;1 c 0 % i Rom. • , .".C11.111143ULienabiar Pk -- 1 sf.roP14•141.fidt--..., ‘. - lk* .'‘Is.\'‘,\., */. . _ d .1 ,... W Cr s:rr,„4,010 ' . ' t. :um MUT i ‘ ' * "1 liMit .k414111V41,Nlir. e;4' \s • . 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C.-.:- +t '-.----------Tbt50T_c„57,,r,.........,• - - -------_-----:-•,-.1:.:_„------'-- - 14- b 1 I 1 --V.. ---v ------.• ''' .............. \N RI "4" ---,21 -' e.....0 .-.. • _ ,, ' \ t.......„...„...- -- .. 577-- ------ '."•-•: 1- . 1,06- "At..----111- -----4-T. ..,-; - --._ •\ - N.... ------'1 1...........„;______:-•-•----":7---,__------- ...........---' r-\\ ... ... '‘ .! --- r--- --- ___„._.%..1,./.'"!..........• - • ---- •----S-—11-. _,___., • -----,------=-,_„_______ _______________-------.__ =_______T.:1--- ---T,. _. . k , - -----) .. ,.....:..„._... ___....______ „______________ i ___________ ___:________,___ _______________ • ___ ... . . ._. . . • • , • • . . . . • . • • X11 f 80 Planni r. 12 197S 1 RENTON PLANNING DEPARTMENT . DEVELOPMENT APPLICATION REVIEW SHEET 40046 Application : Sf AAckr(aA®rrttvb a7o'8O �A(per- LW- D (— go) otofe--s'tec joys,Nem eft,s ®in 0 A et S. Location : S. 1b m itS agl.i[ ® � ..2 7 t32 Appli cant : R� 6cA .,( Ai f ' VA TO: _ Parks Department SCHEDULED HEARING DATE :t 4 Police Department A,R,C. MEETING DATE : ; ° Public Works Department Engineering Division - Traffic Engineering Building Division Utilities Engineering /A , Fire Department (Other ) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN G � WRI F E APPLICATION REV EW CONFERENCE (ARC) TO BE HELD ON AT 9:UO A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF Y UR EPARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE TQ A TEND THE ARC, PL109/10y1RF THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:0U P .M. ON REVIEWING DEPPRTMENT/DIVISION : �'DR Approved Approved with Conditions Not Approved ��'�2� OJGl/G G o,"- % Gt-/LG /e-C C,„s�G „` _,-e //(jC-,4-z � c (2 icS 2G/C 7/.0 s/'/9C-L- / 1T(-2- i /�� F/ Cc)/0L 1 i Signature d'Director or A t orized Representative71-c-757)2, Date REVIEWING DEPARTMENT/DIVISION : (17071 Approved Approved with Conditions Not Approved .—5 r' sKei.lG-c.7 ro Wilit6el. Aunt l Lxr Sonf TO Loop Aa0L—tie) ScWvoL, ,A3 u--- AS CoNNe:rIon[ 7a ,AO.0G9.4t 11.40,1. Fan_ r fr_ we o t,inc c..- SyS7.67z etit Cow+P 1° E,ww'CN TS SNacL (iu aa&MRCO , f o----.--r.' o-; ag....____ I OOOIII q_11@)1 Signat re of Director or Authorized Representative Date /17.21849P-lanninz. 12-1979 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET / 9IGtS Appli cation : £11®41' .6` eaAdrusdti a -ge if a i fir LW' i>'1(- 90) of oefp,s•tre .709/01.0vem etax is,a Mosel, Actor. o Li � Location . :_. :,, � . Ir .� • -� a .,=:: ,: , � u,, � �� �, ,'' ' � r.,fie Applicant: r;'sy.;,, ,+` gg �1 TO: Parks Department SCHEDULED HEARING DATE : O , %*6 Police Department A. R.C. MEETING DATE : I ' ' A® Public W ks Department Engineering Division Traffic Engineering Building Division Utilities Engineering Fire Department (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRI0 G F v fE APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON AT 9:uO A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF Y UR EPARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE TQ ATITEND THE ARC, PLE S PRO ,•E THE COMMENTS TO THE PLANNING DEPARTMENT BY :OU P .M. ON kr1fi.i -- REVIEWING DEPARTMENT/DIVISION : Approved X Approved with Conditions Not Approved !1 / -.04- ,--`- I3I. --- `S z Ai._ z) S V �J.- /G/ "L4-4 `"1(---'"- ---- .4--- -, r oted-&-dt-?-1---2----i--, ), 7_, 64_ 4.0.____- 7/1/87) Signature of Director or Authorized Repg-e7einlytive Date REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved Signature of Director or Authorized Representative • Date / OP1annin2-197 19 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application : £ ®?r 653AlorrlYfiti 67®®P® a b1%jc, ,p, LW- 01(- 9 49 ®f -I'9 'mway AA aw AJS. Location : g.ifigtPee pY" . • ;/ • ` p � 11 Applicant: Revd's/1 6c/sa ibeltifo9`ef V TO: Parks Department SCHEDULED HEARING Police Department A. R.C. MEETING DATE : • a" Public Works Department E ineering Division Traffic Engineering Building Division Utilities Engineering Fire Department (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRI G F CIE APPLICATION REVIEW CONFERENCE (ARC) TO BE TeXyo IAT 9; UA.M. INTHEFLOORNCE ROOM. IF Y UR EPARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC, PLE :S PRO F THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:00 P .M. ON ./EJ 7 e) REVIEWING DEPARTMENT/DIVISION : 7 r 4'c £,motsexeove ova Approved )( Approved with Conditions Not Approved 4494 ®°', ?1/ c °ry 49 •& . ec 464 re ®.k' V6 fi/c vep i iC Attire . #'IsrA'f I odo rifg tic, \ itoNe% e�A?o ff pe ve c,ca fok ativTS C® ® 'a A RP$6tITs sort. , s e Signature of Director or Authorized Re rese tative 7aaat REVIEWING DEPARTMENT/DIVISION : 1 Approved Approved with Conditions Not Approved Signature of Director or Authorized Representative Date 11,9lO2* RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application : #0/1 7eLtidift/61 7 ePO s a i0/4P • LW" 0/("" 849 of tee.s.k 74elitiloverpitietis "A066.141 14411 t 5. Location Ml Applicant.: Reivefityi SGitoo! gie)esifwef;tit TO: Pa s Department SCHEDULED HEARIr DATE :it ,e ;duo 1 Police Department A. R. C. MEETING DATE : i ' , Public Works Department Engineering Division Traffic Engineering Building Division Utilities Engineering Fire Department (Other) : • COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRI G F E APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON Ill i AT 9:00 A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF Y UR EPARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC,, PLUS PLUSE PROY !E THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:00 P .M. ON REVIEWING DEPARTMENT/DIVISION : Police Approved Approved with Conditions xxx Not Approved RE Suggest that this waiver not be approved as lot # 2 is in the process of rezone to multiple family which would impact the Benson Road. The city at present is in the process of widening and improving the Benson , Rd. just North of this site and the road improvements should be continued . past this site. The proposed development is going to have a large enougt impact on traffic on the Benson Rd that it should be required to put in all the improvements from the 'point tha the proposed improvements HMI xEckmpland that thch city is pu . a completed to the So. edge of the subject property. 7/30/89 . • ersson Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved Signature of Director or Authorized Representative Date , I I • NYs�1112+ 42 J25® P1 anni n V 12-1979 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION) REVIEW SHEET Application: St/®AT A in-riAdftPfe1o7. .9o) s WI;(/ .)f- LW- Pell- Si ist0Ee-A•fr 71s aAte,tAJS. Location : „- . 'rf'. r t,'` , . .1. , ,. f• e I 6 . . t N Applicant: Revagfein Sd% , .( D, , f of t V1034 , TO: Parks Department SCHEDULED NEARING DATE :* :A F` ) CW Police Department A. R.C. MEETING DATE : ?. Public Works Department Engineering Division 0,T41affic Engineering ( Building Division Utilities Engineering Fire Department (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRI G F E APPLICATION REV EW CONFERENCE (ARC) TO BE HELD ON y AT 9:�U A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF • Y UR EPARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC, S P PLE RO E THE COMMENTS TO THE PLANNIN9 DEPARTMENT BY 5:OU P .M. ON REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved —/ Si bre of Director or uthorized Representative Date ' REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved l_ Signature of Director or Authorized Representative Date OD . Ili THIS GENERAL LOCATION: AND, OR ADDRESS: PROPERTY LOCATED ON EAST SIDE OF BENSON ROAD SOUTH, SOUTH OF SOUTH 27th STREET LEGAL DESCRIPTION: LEGAL DESCRIPTION ON FILE IN THE RENTON PLANNING DEPARTMENT • I S POSTED TO NOTIFY PROPERTY OWNERS OF AM - Li It. LIC , , _ . , 1 :4 5 G H ,, . ,: „ , ,, , ; TO BE HELD IN CITY COUNCIL CHAMBERS, MUNICIPAL BUILDING ON AUGUST 26, 1980 BEGINNING AT 9 '00 A.M. P.M. CONCERNING ITEM WI . ■ REZONE - : • SPECIAL PERMIT ■ SITE APPROVAL ■ WAIVER ■ SHORELINE MANAGEMENT PERMIT TWO-LOT SHORT PLAT APPROVAL EirWAIVER OF OFF-SITE IMPROVEMENTS FOR FURTHER INFORMATION CALL 235 2550 THIS NOTICE NOT TO BE REMOVED WITHOUT PROPER AUTHORIZATION S OF , THE CITY OF RENTON `b 0 Z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH. 98055 o IMMO ° BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT 4 235- 2550 0 -Eb sEPI`- August 11 , 1980 Renton School District 403 435 Main Avenue South Renton, WA 98055 Re: Applications for two-lot short plat approval , File 070-80 , and waiver of off-site improvements, File W-071-80 ; property located on the east side of Benson Road South, south of South 27th Street . Gentlemen : The Renton Planning Department formally accepted the above mentioned application on July 25, 1980 . A public hearing before the City of Renton Hearing Examiner has been set for August 26 , 1980 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 By : �1 Roge rBla lock Associate Planner cc : William Stevens, P . E . , Landmark Engineering Corp . 1900 South Puget Drive . , Suite 210 , Renton WA 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 AUGUST 26 , 1980 , AT 9 :00 A .M . TO CONSIDER THE FOLLOWING PETITIONS : 1 . GE".ALD E . SCHNEIDER (HILLTOP APARTMENTS) , application for special permit for proposed construction of 62 multi-family units in R-2 zone (portion of 158 unit total complex) , File SP-064-80 ; property located on east side of Monroe Avenue N .E . approximately 600 feet north of N . E . 4th Street . 2 . RENTON SCHOOL DISTRICT 403 , (NELSON MIDDLE SCHOOL SHORT PLAT ) applications for two-lot short plat approval , File 070-80, and waiver of off-site improvements , File W-071-80 ; property located on the east side of Benson Road South, south of South 27th Street . Legal descriptions of files noted above are on file in the Renton Planning Department . ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON AUGUST 26 , 1980 , AT 9 :00 A .M. TO EXPRESS THEIR OPINIONS . PUBLISHED : August 13 , 1980 GORDON Y. ERICKSEN, RENTON PLANNING DIRECTOR CERTIFICATION I , STEVE MUNSON , 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 Public , in and for the State of Washington residing in King County , on the 8th day of August , 1980 . SIGNED : , ,moo 111 , 110 0 ..pp, � -r o 4 . • ' . a GS•1 GS-1 i'' )01. .z ..: _____, _ 7 ntri_...i_i_____,Rs .-3,..: , . , O 0 I 9 -7 • • , -., , .. • , . ip/ Ali( . /2.5ss„ • •:1•,c;ii.iiis I 0 a I . 1-'.7.:. •' %6S119' .. a, 77...pill I 44 ' • . sija iA I iiihi Phil.1 INII:q. 11 � - . •... . • � i-iF • Ni ' r-.i 1 * • •- 14S .10a ra. 1 •-\k"..44. / i 1 • •••••"IMP.1,1 - 1 . /'-- ————-— 411.. \s• ' •".• ".If ..' • r 1 ' iy' _.- . •• • • • . , • - I . . I ♦1 i a- 1 •;• • , 'IV I ., a • ;1 • 4 - — _ -A � i I:. f` ' • l 1,3• • • • ^� 5 V. • • 4, ilef 1 . • 1 O E ' . 1 .4411,9, .-- " ,/ fl. giVEb )''.. ..,-2,.. ,i' JUL 25 law . ) // \\ ; ,-7 I - - - 1—- --- '- — �--- - ""- 'T- 4G__. "";'am' — - ,, i C•I i4 I Si), : . ZONE USE MIN LOT ZONE USE MIN LOT SCALE 1 "=800' 1 R-1 Sing. Fam. Res. 7200 SR-2 Two Fam. Res. 10000 SECTION SR-1 Sing. Fam. Res. 7500 R-3 Mulit-Fam. Res. 5000 G Sing. , Fam. Res. 35000 R-4 Multi-Fam. Res. 5000 G-6000 Sing,.:Fam. Res. 6000 P-1 'Public Use f G-7200 Sing. Fam. Res. 7200 B-1 Business G-8400 . Sing. Fam. Res. 8400 BP Business Parking . PAGE G-9600 Sing. Fam. Res. 9600 L-1 Light Industry . GS-1 Sing. Fam. Res. 35000 H--1 Heavy Industry 03 -.1 S-1 , Sing ls. 40000 T :...it.... e.._•., fit 410 LANDMARK ENGINEERING CORP. ENGINEERS • PLANNING •TRANSPORTATION 1900.SO. PUGET DR., SUITE 210 RENTON,WASH. 98055 PHONE 206-255-9484 July 23, 1980 Mr. Fred Kaufman Renton Hearing Examiner Municipal Building Renton, Washington 98055 Dear. Mr. Examiner: We respectfully submit a request for, waiver of the off-site improvements along SR 515 (Benson Road South, South 27th Street, and 108th Avenue SE), as required by the Renton Subdivision Ordinance for the Nelsen Middle School short plat. Pursuant to Section 9-1105B of the Renton Subdivision Ordinance, reasonable justification for such waiver request includes: 1) No such improvements exist along Benson Road South within a reasonable distance of the subject short plat. In. fact, no such improvements exist along Benson Road South from Grady Way in Renton to just north of 248th Street in Kent. Recent development along both sides of Benson Road South in the vicinity of the subject site have not been required to install such improvements. These include Thunder Hill Apartments, Westview Office Building, Wirth Short Plat, Dr. Maxwell Clinic, Mobil Gas Station, Sunset Ridge Apartments, Benson Apartments, and the First Presbyterian Church. 2) The absence of such improvements as part of the other property developments in the vicinity, as noted above, have established a clear precedent for the granting of such waiver. Therefore, the approval of the waiver request will ensure for the subject property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances. 3) SR 515, or Benson Road South, is a State Highway and is designated as a major arterial on the City's street plan. Any upgrading of this facility would most reasonably occur as a 'result of a comprehensive State and/or City improvement project, as opposed to a more ."piecemeal" approach of requiring the improvements with individual site short • plats or developments. The circumstances of the subject short plat are different than the normal residential-type street for which the requirements of the subdivision ordinance were primarily intended. The opportunity or necessity for comprehensive street improvement projects are not as likely on a smaller residential-type street -: . often leaving the Subdivision Ordinance as the only hope foF ` 3' attaining such improvements. ,+`/,�� `���,h ��ti . • 1'L,b • , s LANDMARK ENGINEERING CORP. ENGINEERS • PLANNING •TRANSPORTATION 1900 SO. PUGET DR.,SUITE 210 RENTON, WASH. 98055 PHONE 206-255-9484 Mr. Fred Kaufman Page 2 July 23, 1980 4) In addition to creating a hardship not previously required of other properties in the vicinity, the requirement to install such improvements as curb, gutter, sidewalk, street widening, etc. along Benson Road South would create an "island" or "spot" improvement for which there is no assurance of any future similar improvements in the vicinity. 5) The subject short plat was necessary only for purposes of compliance with State law in selling a portion of the property (Lot 2) that is not developed or appropriate for the remaining existing developed Nelsen Middle School and Spring Glen Elementary School sites (Lot 1). This is a unique situation in that development of either Lots 1 and 2 is not intended as a direct part of the short plat action itself. Lot 1 is an existing developed school site with no future development intended. Therefore, the present situation along South 27th Street and 108th Avenue SE will not be physically altered or changed by the subject short plat action. It is strictly a legal process, involving no improvement or development. This is also true of the portion (Lot 2) being subdivided for compliance with State law. Actual development of the site will be by others at a future time. It is at such time that the City has the appropriate opportunity to review off-site and other improvements as part of actual development. This is quite different than the standard single family residential plat, where the improvements are generally installed between the preliminary and final plat, prior to construction on individual homesites. 6) Lot 1 (existing school site) is not intended for development. The property abutting the south side of South 27th Street is fully developed as a residential street. No similar off-site improvements exist along either side of South 27th Street, and it will continue to function as it does at the present time with no changes in its use as a result of the subject short plat. Therefore, rib impacts to adjacent properties will occur as a result of approval of the subject waiver request. Rr„ William Stevens,/P.E. ` Landmark Engineering Corporation 77 JUL 25 198u cy ,;. lb' CITY OF RENTON 0 J .: GL6 Pic X SHORT PLAT PLAT APPLICATION FILE NO. 0'° —c-d° MAJOR PLAT 0'r R DATE REC' D/2411 I S C) ICA /980 TENTATIVE 3- RECEIVE D�,� APPLICATION FEE $ f ` PRELIMINARY �\•,• ENVIRONMENTAL FINAL JUL 25 1980 i REVIEW FEE $ /- RECEIPT NO. � �CP y2 �\- I.) '/ SM NO . � PUD NO. ' illiG DEP NCI . APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 : 'I 1. Plat Name & Location NELSEN MIDDLE SCHOOL SHORT PLAT 2 . No. Lots 2 Total Acreage Zoning G-7200 3 . Owner RENTON SCHOOL DISTRICT 403 Phone 235-2340 Address 435 Main Avenue South, Renton, NA 98055 5 . Underground Utilities : Yes No Not Installed Telephone ( X ) ( ) ( ) Electric ( X ) ( ) ( ) Street Lights ( ) ( X ) ( ) Natural Gas ( X ) ( ) ( ) TV Cable ( ) ( ) ( X ) 6 . Sanitation & Water: ( X ) City Water ( X ) Sanitary Sewers ( ) Water District No . ( ) Dry Sewers ( ) Septic Tanks 7 . Vicinity and plat maps as required by Subdivision Ordinance. 8 . DATE REFERRED TO : ENGINEERING PARKS BUILDING HEALTH TRAFFIC. ENG. STATE HIGHWAY FIRE COUNTY PLANNING BD. PUBLIC WORKS OTHER 9 . STAFF ACTION : TENTATIVE PLAT APPROVED DENIED APPEALED EXPIRED 10. LAND USE HEARING EXAMINER'S ACTION: SHORT PLAT APPROVED DENIED PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 11 . CITY COUNCIL ACTION: PRELIMINARY PLAT APPROVED DENIED FINAL PLAT APPEALED EXPIRED 12 . DEFERRED IMPROVEMENTS : DATE DATE BOND NO. AND TYPE GRANTED EXPIRES AMOUNT Planning Dept. Rev. 1/77 ito AFFIDAVIT . • I, , being duly sworn, declare that I am the StOrF•o ® °'' Sproperty 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. Subscribed and sworn before me this day of l9 , 15th• try Sc' • Notary Public in and for the ,State of Washington, residing at RentOn Renton of Di^tric.t o. 403 N e of Notary Public) (Signatu e of Owner) Superintendent of Schools • 435 Main Avenue South 6,Raptigsivenue, South Renton WA 90055 a 9s Ul 9^fO55 • • ke • ity CState) • • 235-2340 (Telephone) • (FOR OFFICE USE ONLY) • CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the ruleiipulations of the Renton Planning Department governing the fiof'Ls4/ `application . anh ° Date Received () 19 By : JUL 25 �/ • /(/ Q• Renton Planning Dept . . `�. G �DE� 2-73 ENDINGS . OF FILE Fu nr� AV Ali // PV7/\ _ II