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HomeMy WebLinkAboutLUA80-116 BEGINNING
OF FILE
FILE TITIOith (1,41a
MICRt FI1ME
116 -3O
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DECLARATION OF RESTRICTIVE COVENANTS
WHEREAS, the owners of the following real property in the City of Renton,
County of King, State of Washington, described as follows:
That portion of the southwest quarter of the southwest quarter of
Section 3, Township 23 North, Range 5 East, W.M. , in King County,
Wa. ,described as follows:
Beginning at the northwest corner of said subdivision; thence north
89-24-22 east along the northerly line there of 372.37 feet; thence
south 1-10-21 east 534.00 feet to the true point of beginning; thence
south 1-10-21 east 498.16-feet, more or less, to the northerly line
of primary state hiohway #2; thence westerly along said northerly line
to the easterly line of the westerly 30 feet in width of said subdivi-
sion; thence north 1-23-12 west parallel with the westerly line of said
subdivision to a line which is parallel with the northerly line of said
subdivision and which intersects the true point of beginning; thence
north 89-24-22 east parallel with the northerly line of said subdivi-
sion 340.37 feet, more or less, to the true point of beginning; EXCEPT
road.
WHEREAS, the owners of said described property, hereinafter " the pro-
perty," desire to impose the following restrictive covenants running with
the land as to use, present and future, of the property;
NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose
restrictions and covenants running with the land as to the use of the land
hereinabove described with respect to the use by the undersigned, their
successors, heirs and assigns, as follows:
EASEMENTS
A. Owner hereby grantsam easement to use all of those portions of
the Shopping Center designated as common areas, parking areas and drive-
ways, for the benefit of a new owner., the Lessee, invitees, licensees, assigns,
subtenants, and patrons in common with all other tenants of the Shopping Center.
B. Owner hereby grants a non-exclusive easement to use portions of
the Shopping Center as may be reasonably be required now or in the future for
the installation, maintenance and repair of sewer, water, gas, electric and
drainage utilities and related facilities. If any of the aforementioned
utilities are supplied, installed or otherwise controlled by the owner, owner-
grants the right to use coupled with its easement said utilities and related
facilities; and owner covenants and agrees to maintain the utility lines in
good condition and repair.
C. In the event that other parties acquire fee title to the demised
premises, the easements and right to use the utility lines and related facil-
ities herein conveyed shall be perpetual .
D. In the event fee title passes from the owner, the purchaser agrees
to grant the identical rights granted as outlined in this agreement.
MAINTENANCE OF PARKING AND COMMON AREAS
Owner shall maintain and repair the entire parking and common areas.
The obligation on the part of owner to maintain said parking and common areas
in good condition and repair shall , without limiting the generality thereof,
include the following:
a. Maintaining the surfaces in a level , smooth and evenly covered
condition with the type of surfacing material originally installed or of similar
quality, use and durability;
Page one of two
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4
t,
b) Removing all papers, debris, snow, ice, filth and refuse and
thoroughly sweeping the areas• to the extent reasonably necessary to keep
said areas in a neat, clean and orderly condition;
c) Placing, keeping in repair, and replacing any necessary appro-
priate direction signs, markers and lines; and operating, keeping in re-
pair and replacing when necessary such artificial lighting facilities as
shall be reasonably required;
d) Maintaining any perimeter walls in good condition and state of
repair;
e) Maintaining all landscaped areas, making such replacements of
shrubs and other landscaping as is necessary and keeping said areas at
all time adequately weeded, fertilized and watered.
Page 2
/ n
dp •January 19, 1981
OFFICE OF THE LAND USE HEARING EXAMINER
CITY OF RENTON
REPORT AND DECISION, ,
APPLICANT: Barber, Kloppenburg, Olds FILE NO. SH. PL. 116-80,
(Sunset Square) E-117-80; SA-104-80,
V-105-80
LOCATION: Vicinity of 1320 Union Avenue N.E.
SUMMARY OF REQUEST;: The applicant requests site approval for a +25,325 square
-'w foot neighborhood shopping center consisting of three
buildings and associated parking with a variance request
from the rear yard setback. Also sought is approval of a
four-lot short plat together with an exception to the
Subdivision Ordinance to provide access easement to
proposed Lot 2.
SUMMARY OF ACTION: Planning Department Recommendation: Approval with conditions.
Ueariny Examiner Decision: Approval of short plat, site plan
and access variance; Denial of setback variance.
PLANNING DEPARTMENT The Planning Department preliminary report was received
REPORT: by. the Examiner on December 24 , 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 December 30, 1980 at 9:18 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 preliminary report. Roger Blaylock, Associate Planner, presented
the report, and entered the following exhibits into the record:
Exhibit #1 : Site Approval Application File containing
Planning Department report and other pertinent
documents
Exhibit #2: Site Approval Map with staff comments
Exhibit #3: Short Plat Application File containing
Planning Department report and other pertinent
documents
Exhibit #4: Short Plat Survey (2 sheets)
The Examiner inquired if the applications apply to both the B-1 and R-3 zones. Mr.
Blaylock advised that the short plat includes both zones, but the site approval
application is limited to the commercial phases on Lots 1 , 2 and 3. Mr. Blaylock
corrected Section L.4 of the report , deleting the word "required" from the line,
Parking required: 147 stalls, and adding the word "provided".
The Examiner noted that plans for Lot 4, zoned R-3, are still conceptual and since the
ultimate use of that parcel , either professional or residential , is unknown, access into
Lot 4 from Lots 1 and 2 would not be preferable. He also inquired regarding the number
of parking 'spaces at the northeast corner of Building 2 and which lot they are proposed
to serve. Mr. Blaylock deferred the inquiries to the applicant for response during
subsequent testimony. The Examiner noted that the Traffic Engineering Division had not
specified a traffic fee based upon anticipated vehicle trips. Mr. Blaylock clarified
that requirements in the SEPA document included the fee; however, determination of the
actual trip generation from the site has yet to be established by the Public Works
Department.
The Examiner requested testimony by the applicant. Responding was:
Richard L. Kloppenburg
15404 N.E. 6th Place
Bellevue, WA 98007
Sh. Pl . 116-80; SA-104-80 Page Two
Mr. Kloppenburg advised that the requirement for a trip generation fee had been appealed
to the Environmental Review Committee. The Examiner noted that if the matter were still
pending, the Declaration of Non-Significance (DNS) is not yet final and the hearing
should be continued. Mr. Blaylock stated that although Mr. Kloppenburg had appealed
the amount of the fee as well as the question of sewer capacity raised during
environmental review, the decision was finalized through resolution of the sewer capacity
matter by the City Council and :establishment of traffic fee amounts by the Public Works
Department at a future date. Mr. Kloppenburg indicated his preference to continue with
the public hearing and postpone resolution of the assessment of traffic fees to a later
date, although he noted that no precedent or ordinance exists in the City of Renton for
such requirements. The Examiner clarified that the Traffic Engineering Division had
determined the amount of the fee to be approximately $60,000 in calculating trip generation
from proposals on Lots 1 , 2 and 3, noting that the authority of the Examiner extends to
imposition of the fee during his review of the short plat.
The Examiner reviewed his concerns regarding the proposed bank drive-in window access
lane which intrudes into a 15-foot buffer previously required in restrictive covenants ;
he also stated concerns regarding the dual use of the window lane for access which could
cause traffic congestion onto Sunset Boulevard N.E. Mr. Kloppenburg indicated a desire
to respond to the Examiner's concerns with the exception of the traffic generation fee.
He advised that the proposed bank facility can be redesigned to accommodate access
solutions including shifting the building nine feet further west. However, he felt that
the entrance from Sunset is an appropriate location for the proposal . The Examiner
reiterated his previous inquiry regarding the number of proposed parking spaces at the
northeast corner of Building 2. Mr. Kloppenburg advised that four parking spaces proposed
in that location could be eliminated and the parking requirement for the site would still
be met. He discussed the applicant's intent to develop the entire property including
both B-1 and R-3 zones concurrently and provide landscape buffers on the eastern and
northern boundary. He indicated that the proposed easement between Buildings 1 and 2
would provide more efficient traffic flow to serve the occupants in the rear of Building 2.
The Examiner requested further testimony in support of the application. Responding was:
Scott Shanks, Architect
4215 198th Street S.W.
Lynnwood, WA 98036
Mr. Shanks discussed access limitations on the subject site and the rationale in providing
access to the bank building pad in its current location. He noted that although maximum
development has been shown on Lot 3, the probability exists that in lieu of a commercial
banking institution, a savings and loan bank would be placed on the site which would
reduce the requirement for stacking lanes. He indicated that the city's requirements
can be met and the required 15-foot landscape buffer provided on the eastern property
line. The Examiner inquired if construction of all three buildings would occur
concurrently. Mr.. Shanks responded that the developer desires simultaneous development
or complete development within the same year; however, construction scheduling and
availability of financing may impact development timing.
The Examiner requested further testimony in support of the application. Responding was:
George Barber
626 N.W. Lofall Road
Poulsbo, WA 98370
Mr. Barber, developer of small shopping centers in the Northwest, advised :that..much time
and effort had been expended over the past six months in completing various designs for
the Sunset Square Shopping' Center' to provide a comingling of commercial and residential
uses which are complementary to each other. He indicated that although he is familiar
with all aspects of shopping center development, he is unfamiliar with the previously
discussed traffic generation fee, particularly when all improvements are already installed.
There was no response to the Examiner's request for further testimony in support or
opposition to the application. Due to the need for clarification of the finality of
the environmental determination, the Examiner continued the hearing for a period of one
week to allow receipt of written reports from city officials regarding the DNS. He
noted that the reports would be forwarded to the applicant upon receipt, and the
Examiner's Report issued within the following 14 days. Since there was no objection,
the hearing regarding File No. SA-104-80, V-105-80, Short Plat 116-80 and E-117-80 was
closed by the Examiner at 10:05 a.m.
Sh. Pl . 116-80, SA-104-80 Page Three
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 +3.4 'acre, four-lot plat, together with a variance
to provide access via an easement, and a site approval for proposed shopping center
on three of the proposed lots, together with a variance for the required rear yard
setbacks.
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, a Declaration of Non-Significance
has been issued for the site approval by the Environmental Review Committee,
responsible official , and the short plat has been determined exempt from the
threshold determination by the Environmental Review Committee, responsible official .
The hearing was continued for one week to clarify the ERC determination.
4. Plans for the proposal have been reviewed by all city departments affected by the
impact of this development.
5. The Public Works Department has determined that sewer capacity is available for the
subject proposal .
6. The subject site is located on the northeast corner of Sunset Boulevard N.E. and
Union Avenue N.E. The site was annexed into the city in 1969 by Ordinance No. 2472
at which time the property was zoned G (General ; Single Family Residential ; Minimum
lot size - 35,000 square feet) . The site was rezoned to B-1 (Business/Commercial )
and R-3 (Medium Density Multifamily) by Ordinance No. 3420 in May of 1980. Restrictive
Covenants were executed which required buffers along the north and east property
lines and preservation of Honey Creek.
7. Pursuant to Section 9-1105, the applicant proposes subdividing the subject property
into four lots. Proposed Lots 1 , 2 and 3 comprise that portion of the subject
property zoned B-1 . Lot 4 is zoned R-3. Proposed Lot 1 , approximately 24,820
square feet, would have frontage along Union Avenue N.E. and is located in the
westernmost portion of the subject property. Lot 2, .62,577.3 square feet, is located
in the east central portion of the parcel and would have about 87 feet of frontage
along Sunset Boulevard N.E. although the applicant proposes limited access via an
easement (See below) . Lot 3 would front on Sunset Boulevard N.E. and would be
26,895.7 square feet. Lot 4, the parcel zoned R-3, would front on Union Avenue N.E.
and is 34,021 .9 square feet.
8. The applicant has proposed to provide access to Lot 2 via an easement agreement over
proposed Lots 1 and 3. _ A variance from the provisions of Section 9-1102(4) and
9-1108(23) (A) (9) which require frontage on and access to a public right-of-way has
been applied for pursuant to Section 9-1109.
9. The applicant proposes developing a small , corner shopping center containing retail
sales establishments, a restaurant and a bank with drive-in window. The complex
would have a common traffic circulation pattern for the entire three lot complex and
parking areas would be shared.
10. Sections 4-2203(14 4-2204(3) (A) (4) require that parking be located on the same lot
as the principal use. The applicant has not applied for a special permit to permit
deviation from this provision pursuant to Section 4-2204(C) which provides for
auxilliary parking.
11 . The southern three lots, Lots 1 , 2, and 3, are zoned B-1 with restrictive covenants
requiring a 15-foot landscape buffer on the east side adjacent to the R-2 (Duplex
Residential ) zone. The covenants also require the preservation and incorporation
of Honey Creek in the development plan. The northern lot, Lot 4, is zoned R-3.
A 20-foot buffer is required by covenants to protect the adjacent G (General ; Single
Family Residential ; Minimum lot size - 35,000 square feet) zone.
12. The applicant proposes constructing buildings on Lots 1 and 2 which would have rear
yards of three to four feet and 13 to 14 feet, respectively. The Zoning• Code,
Sections 4-711 (D) and 4-709A(D) , requires that B-1 zoned properties provide a rear
yard equal to that of the abutting residential district . The abutting district is
R-3, and therefore a rear yard of 20 feet is required. The applicant has requested
a variance from the rear yard provisions pursuant to Section 4-722(G) .
Sh. P1 . 110-80, SA-104-80 Page Four
13• The R-3 zoning category in effect for Lot 4 permits multifamily dwellings and, with
a special permit subject to separate review, professional offices and clinics. The
applicant 's conceptual plans indicate office uses for Lot 4. These plans were not
submitted for review at this time.
14. Building 3 is proposed as a bank which would include a drive-in window. The proposed
access for the drive-in window intrudes into the easterly 15 foot buffer required by
covenant for a distance of 160 feet.
The Police and Traffic Engineering Departments have indicated that due to anticipated
demand, stacking of vehicles may interfere with travel on Sunset Boulevard N.E. which
is a major, heavily traveled arterial , and therefore, they recommended that provisions
be made for two stacking lanes which are each capable of stacking approximately nine
vehicles.
Section 4-2207 provides that drive-in facilities must be located such that traffic
ways are not congested by the operation, traffic circulation within the facility is
not obstructed, and that sufficient stacking space is provided.
15. Building 1 requires 20 parking spaces, Building 2 requires 97 parking spaces, and
Building 3 requires 22 parking spaces. These numbers are based on the standard of
5.5 stalls per 1 ,000 square feet of leasable space for these types of concerns
located within shopping centers (Section 4-2208) .
16. There are a number of new residential developments in the general vicinity including
Forest Brook Condominiums just to the west.
CONCLUSIONS: (Short Plat)
1 . The proposed short plat, as modified below to provide sufficient on-site parking to
accommodate the proposed uses and with restrictions providing guaranteed access, •
appears to serve the public use and interest. The applicant will be able to make
use of this well -located property at the corner of major arterials, Sunset Boulevard
N.E. and Union Avenue N.E.
The area is one in which expanding residential development must be met with increased
commercial .growth. The small shopping center proposed will help serve that residential
growth and at the same time expand the tax base of the city and allow the. utilization
of the property for its highest and best use.
2. Each of the four lots has required frontage on a public right-of-way and each lot
provides suitable area to allow the construction of a commercial building and
reasonable landscaping to help promote the best interest of the community and
contribute to the attractiveness and desirability of the community as a place to
work, live and shop.
3• The applicant has submitted a site plan for review in addition to the short plat.
That plan indicates the particular use proposed for Lots 1 , 2 and 3. The plan also
indicates the parking requirements of the various uses and the proposed traffic
circulation plan. The proposal merges the parking and circulation patterns into
a common shopping center and avoids "unnecessary" curb cuts. For this reason, the
applicant has proposed a "reciprocal cross easement" to serve the needs of the three
properties and tie them together as a functional shopping center.
4. Section 4-2204(3) (A) (4) requires that parking be provided on the same lot as the
principal use, which in turn requires that Lot 1 provide 20 parking spaces, Lot 2
provide 97 parking spaces, and Lot 3 provide 22 parking stalls. While the parking,
so required, may not have to be permanently allocated to a particular use or signed
and segregated, nevertheless, sufficient parking to serve the intended use must be
provided on site.
5. In order to provide the requisite number of stalls per lot the applicant may shift
the property lines as indicated in the attached map. As indicated, the lot lines
have been shifted to permit the appropriate number of stalls per lot and per the
proposed use. The applicant may adopt a similar plan.
(Variance for Access)
6. The common circulation pattern was proposed to mitigate the impacts on the traffic
flow of entering and exiting vehicles on both Sunset Boulevard N.E. and Union Avenue
N.E. This would be accomplished by decreasing the number of curb cuts and driveways.
The applicant has requested a variance to the Subdivision Ordinance to permit access
to Lot 2 to be via driveways and common roadways located on Lots 1 and 3.
•
Sh. Pl . 116-oo, SA-104-80 Page Five
3. The proposal would permit the three lots included in the joint access agreement,
Lots 1 , .2 and 3, to provide for a reciprocal cross easement to accomplish the purpose.
Included within the easement would be joint use of the parking space required.
4. The variance should be granted to permit the joint access proposal . The public
welfare will not be harmed by the approval of the exception; as a matter of fact,
the public safety will be benefited by an approval . The joint access will decrease
the amount of frontage and landscaping sacrificed to curb cuts. It will also
decrease the actual number of curb cuts, therefore mitigating the impact of the
development generated traffic turning into and out of the subject property onto
both Union Avenue N.E. and Sunset Boulevard N.E.
5. The proposed arrangement is similar to joint access provided in other shopping centers
which also minimize the number of curb cuts. The approval of a variance involving
access via joint driveways should not interfere with or injure other properties in
the vicinity. The doubling of the stacking capacity of the drive in lanes should
minimize the possible impact on properties to the east along Sunset (see site plan
below) .
6. The location of the subject property at the major intersection of Union Avenue N.E.
and Sunset Boulevard N.E. provides justification to approve the requested variance
as being in the public welfare and substantially increasing the public welfare.
Similar relief was approved for property located at the intersection of Rainier
Avenue S. and S.E. Grady Way, also a major intersection.
7. The applicant has only the most rudimentary proposal for proposed Lot 4 which is
zoned R-3. The lot as proposed provides independent access onto Union Avenue N.E.
Since this lot is zoned for residential uses and is in an area designated for
multiple family development, it would be inappropriate at this time to permit joint
access with retail and other commercial ventures. The lot may serve solely
residential development, and joint access of residential and commercial should be
avoided.
In order to develop commercial uses, a special permit must be approved and the
appropriateness of such application is not now before the Hearing Examiner.
(Site Plan) .
8: As previously indicated, the applicant proposes a small shopping center located on
approximately 2.85 acres. The shopping center would consist of three buildings,
each on a separate parcel and each providing parking as required in Conclusions
No. 3, 4 and 5. Access would be via two driveways, one providing access via
Sunset Boulevard N.E. and the other access via Union Avenue N.E. A reciprocal
easement entered upon the face of the plat would permit such an arrangement and
a variance for such an arrangement has been approved above.
9. The shopping center would be erected on Lots 1 , 2 and 3. The tenants, as proposed,
would be a restaurant, a bank and certain currently unidentified retail shops. The
applicant proposes establishing a drive-in window adjacent to the bank with an
associated stacking lane. As proposed, the Police and Traffic Engineering Departments
indicate that the proposal would not provide sufficient stacking space and have
recommended that the stacking lanes be expanded to two such lanes, each capable of
stacking nine automobiles.
Because the stacking lanes enter via Sunset Boulevard N.E. , a major arterial , the
applicant will have to increase the stacking lanes to the two recommended by the
Traffic Engineering and Police Departments. Further, Section 4-2207 requires that
driveways and traffic circulation generated by drive-in windows not impair the
circulation pattern of the shopping center as a whole. The current plan may cause
such impairment since the egress from the .drive-in window crosses the entry lane
from Sunset and also uses the parking lot maneuvering area for an exit lane.
The drive-in window should be designed so that the efficiency for which it is
intended, quick banking, is not diminished and so that interference with the
remaining traffic and business in the shopping center is minimized. Therefore,
the entire proposal as to the location, entry driveway, stacking lanes and
circulation patterns in the area surrounding the proposed bank must be reviewed
and approved in writing by the Traffic Engineer.
10. Further, that portion of the plan which includes a drive-in window should be
conditioned upon further review after the facility has been functioning in this
location in order to determine whether, in fact , that functioning impairs both
internal circulation and, most importantly, traffic flow adjacent to the subject
property.
Sh. P -
1 . 080, SA-104 80 Page Six
If, subject to determination by the Police and Traffic Engineering Departments, the
drive-in facility impairs either traffic flow or interfers with internal circulation,
then the facility shall be terminated as incompatible with the public health, safety,
and welfare and in violation of Section 4-2207. Any changes required shall be
subject to a site review hearing before the Hearing Examiner.
11 . In addition to the above required changes , the applicant must preserve the buffer
along the eastern property line as required by the restrictive covenants. That
buffer is to be a '15-foot deep landscaped area and the landscaping for the buffer
and all further landscaping must be approved by the city.
The restrictions also apply to Honey Creek which flows along the southwest corner
of the site, and the applicant must both preserve and protect the creek from
development and incorporate it into landscaping plans subject to final approval of
the city.
(Variance for Setback)
12. The applicant does not suffer undue hardship, and therefore, the imposition of the
normal requirements of the Zoning Code should not be varied. The B-I zone in which
the applicant intends to develop the shopping center is located adjacent to an R-3
zone and it is therefore required to provide a rear yard of 20 feet on the B-1
properties. This yard would be located between Lot 4, which is. zoned R-3, and the
northern property lines of Lots 1 and 2, which, along with the remainder of the
shopping center, Lot 3, are zoned B-l .
13. The execution of restrictive covenants required a northern buffer between the low
density uses north of the subject site and the higher intensity uses permissible
in the R-3 property. Similarly, the R-3 zoning was imposed as a buffer between
those northerly, single family uses and the B-1 zoned property at the corner of
" Union Avenue N.E. and Sunset Boulevard N.E. The Zoning Code, as well as the
Comprehensive Plan, generally recognizes the use of buffers between differing
intensities of zoning classifications. The Zoning Code specifically requires
setbacks and yards for development on B-I parcels when adjacent to residential
zoning, whatever the proposed intensity.
14. Similarly, the applicant's proposed, conceptual and unapproved plan to construct
offices on the R-3 zone is just that, unconfirmed and subject to change and subject
to a separate special permit process. Also, the applicant's intended use is not a
unique condition associated with the subject property.. Similarly situated B-1
zones have had to provide the necessary rear yard, and the applicant is not denied
reasonable development rights by the general imposition of the standard setback
requirements.
DECISIONS:
The short plat and access variance are approved subject to:
1 . The provision of adequate space on each lot of the requisite number of parking stalls
pursuant to Section 4-2208. The attached map may serve as an example.
2. The inclusion on the face of the plat of the joint access, circulation and parking
easements between and among Lots 1 , 2 and 3.
3. A separate and distinct access for proposed Lot 4.
4. Site plan approval by the Hearing Examiner of proposed development on Lot 4.
5. The location of all driveways is subject to approval by the Traffic Engineering
Division.
The site plan is approved subject to:
1 . Approval by the city of all landscaping plans including but not limited to the buffer
adjacent to the eastern property line, all internal landscaping and the landscaping
and preservation of Honey Creek.
2. Approval of the driveway and drive-in window stacking arrangement by both the
Police Department and the Traffic Engineering Division; such stacking arrangement
shall include but not be limited to two entry lanes and such other improvements
as may be required by the Police Department and Traffic Engineering Division. If those
departments determine that such drive-in windows cannot comply with the provisions
of Section 4-2207, the drive-in window shall not be established.
3. Termination of the drive-in window if the Police Department and Traffic Engineering
Sh. Pl . 116• —, SA-104-80 Page Seven
Division determine that the window interferes with the flow of traffic on the public
right-of-way or impairs the internal circulation of the shopping center pursuant to
Sections 4-2207.
4. Any change in plans shall be subject to review by the Hearing Examiner.
5. No occupancy permit shall issue for any portion of the complex until all parking areas,
access roadways and landscaping are installed and improved according to City of
Renton standards.
The variance is denied.
ORDERED THIS 191h day of January, 1981 .
Fred J . fman
Land Use Baring Examiner
TRANSMITTED THIS 19th day of January, 1981 by Affidavit of Mailing to the parties
of record:
Richard L. Kloppenburg, 15404 N. E. 6th Place, Bellevue, WA 98007
Scott Shanks, 4215 198th St. S.W. , Lynnwood, WA 98036
George Barber, 626 N.W. Lofall Road, Poulsbo, WA 98370
TRANSMITTED THIS 19th day of January, 1981 to the following:
Mayor Barbara Y. Shinpoch
Councilman Richard M. Stredicke
Richard Houghton, Acting Public Works Director
David Clemens, Acting Planning Director
Michael Porter, Planning Commission Chairman
Barbara Schellert, Planning Commissioner
Ron Nelson, Building Official
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 February 2, 1981 . Any aggrieved person feeling that the
decision of the Examiner is based on erroneous procedure, errors of law or fact, error in
judgment, or the discovery of new evidence which could not be reasonably available at the
prior hearing may make a written request for review by the Examiner within fourteen (14)
days from the date of the Examiner's decision. This request shall set forth the specific
errors relied upon by such appellant, and the Examiner may, after review of the record,
take further action as he deems proper.
An appeal to the City Council is governed by Title IV, Section 3016, which requires that
such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting
other specified requirements. Copies of this ordinance are available for inspection in
the Finance Department, first floor of City Hall , or same may be purchased at cost in
said department.
. .
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MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
0eel g
BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT
0A 235- 2550
0,9gTFD SEP'r �O
MEMORANDUM
April 24, 1981
TO: Del Mead, City Clerk
FROM: Planning Department
RE: SUNSET SQUARE SHORT PLAT, 116-80
The mylar for the subject short plat is attached here-
with for recording with the King County Assessor' s
office. All appropriate fees have been paid. There
are no restrictive covenants involved.
Thank you.
wr
INTER—OFFICE MEMO
TO: Don Monaghan DATE 4/2/81
FROM: Planning
RE: SUNSET SQUARE SHORT PLAT
Please check subject short plat for closure, . obtain
appropriate Public Works Department signatures , and
return .
Thank you.
SUNSET SQUARE SH •RT PLAT SHEET
SW. I/4 OF SW I/4, SECTION 3,TOWNSHIP 23 ,ie� s'N ,1� c,,ruo��Ic
NORTH, RANGE 5 EAST, W.M W.M. . d r- k-- 1 ,w,g5 ,
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DRT PLAT CERTIFICATE
Richard L. Kloppenburq Order Number 41832
15404 Northeast Sixth Place Certificate for
Bellevue, Washington 98007 Filing Proposed Plat
In the matter of the plat submitted for your approval, this Com-
pany has examined the records of the County Auditor and County
Clerk of King County, Washington, and the records of the Clerk
of the United States Courts holding terms in said County, and from
such examination hereby certifies that the title to the following
described land situate in said King. County, to-wit:
As in Schedule A, page 2 , attached.
VESTED IN:
RICHARD L. KLOPPENBURG and LYNN D. KLOPPENBURG, husband and wife ,
as to an undivided 35% interest; TERRY P. MIX, presumptively
subject to the community interest of his spouse, if married on
June 23 , 1980 , date of acquiring title, as to a 20% interest;
GEORGE E. BARBER and JULEE K. BARBER, husband and wife , as to an
undivided 25% interest; and HOWARD A. OLDS and LORNA S. OLDS,
husband and wife, as to an undivided 20% interest.
EXCEPTIONS:
As on Schedule B, attached hereto.
Charge $0 .00
Tax $0 .00
Total $0 .00
Records examined to March 24 , 1981 at 8: 00 a.m. .
CHICAGO TITLE INSURANCE COMPANY
'__
BYT"
le)UW-A-kd
Roger rriere
--- Title f-icer-
628-5686 '
— —Page-2--- 4 1 biZ
That portion of the wthwest quarter of the sl hwest quarter of
Section 3 , Township 23 North, Range 5 East, W.1i. , in King County,
• Washington, described as follows:
Beginning at the northwest corner of said subdivision;
thence north 89°24 ° 22" east along the northerly line thereof,
372.37 feet;
thence south 1 ° 10 °21 " east, parallel to the east line of said
subdivision, 534 . 00 feet to the true point of beginning;
thence continuing south 1 ° 10 ' 21 " east 498 . 16 feet, more or less,
to ghe northerly line of Primary State Highway Number 2;
thence westerly along said northerly line to the easterly line of
the westerly 30.00 feet in width of said subdivision;
thence north 1 °23 ° 12" west parallel with the westerly line of said
subdivision to a line which is parallel with the northerly line of
said subdivision and which intersects the true point of
beginning;
thence north 89°24 ° 22" east, parallel with the northerly line of
said subdivision 340.37 feet , more or less, to the true point of
beginning;
EXCEPT road.
A.L.T.A.-COMMITMENT -- - - - 41832 -- - - - - - -
SCHEDULE B
STANDARD COVERAGE
Schedule B of the policy or policies to be issued will contain
exceptions to the following matters unless the same are disposed
of to the satisfaction of the Company.
1. Defects, liens, encumbrances, adverse claims or other mat-
ters, if any, created, first appearing in the public records
or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires for value of
record the estate or interest or mortgage thereon covered by
this Commitment.
2. Rights or claims of parties in possession not shown by the
public records. -
3 . Encroachments, overlaps, boundary line disputes, and any
other matters which would be disclosed by an accurate survey
and inspection of the premises.
4 . Easements or claims of easements not shown by the public
records.
5 . Any lien, or right to a lien, for services, labor or materi-
al heretofore furnished, imposed by law and not shown by the
public records.
6 . Liens under the Workman° s Compensation Act not shown by the
public records.
7 . Any service, installation, connection, maintenance or con-
struction charges for sewer, water, electricity or garbage
removal.
8 . General taxes not now payable; matters relating to special
assessment and special levies, if any, preceding the same
becoming a lien.
9 . (a) Reservations or exceptions in patents or in Acts
authorizing the issuance thereof;
( b) water rights, claims or title to water.
( continued)
- A.L.T.A®-COMMITMENT --- -- -41832-- ------
SCHEDULE B
Page 2
10 . RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN
PACIFIC RAILROAD COMPANY:
Reserving and excepting from said lands so much or such por-
tions thereof as are or may be mineral lands or contain coal
or iron, and also the use and the right and title to the use
of such surface ground as may be necessary for mining opera-
tions and the right of access to such reserved and excepted
mineral lands, including lands containing coal or iron, for
the purpose of exploring, developing and working the same.
RECORDING NUMBER: 60425
11 . DELINQUENT SECOND HALF TAXES:
YEAR: 1980
AMOUNT BILLED: $540.21
AMOUNT PAID: $270. 11
AMOUNT DUE: $270. 10 PLUS INTEREST
TAX ACCOUNT NUMBER: 032305-9011-03
12. GENERAL TAXES: 1ST HALF DELINQUENT MAY 1, 2ND HALF DELIN-
QUENT NOVEMBER 1 .
YEAR: 1981
AMOUNT BILLED: $699 .28
AMOUNT PAID: $ 0.00 '
AMOUNT DUE: $699. 28
TAX ACCOUNT NUMBER: 032305-9011-03
13 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
Richard L. Kloppenhurq and Lynn D. Kloppenburq, husband and
wife, as to an undivided 35% interest; Terry P. Mix, as his
separate estate, as to an 20% interest; George E. Barber and
Julee K. Barber, husband and wife, as to an undivided 25%
interest; and Howard A. Olds and Lorna S. Olds, husband and
wife, as to an undivided 20% interest
TRUSTEE: Pioneer National Title
Insurance Company, a
corporation
BENEFICIARY: Donna Smith Nolan and
Arthur R. Beale, each as
their separate estate, and
each to an undivided
one-half interest --
AMOUNT: $314 , 133.00
DATED: June 23 , 1980
RECORDED: July 15 , 1980
RECORDING NUMBER: 8007150049
The amount now secured by said Deed of Trust and the terms
upon which the same can be discharged or assumed should be
ascertained from the holder of the indebtedness secured.
- -(continued) -
�- .. A-0L.T.A. COMMITMENT 41832
SCHEDULE B
Page 3
14 . DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
Richard L. Kloppenburq and Lynn D. Kloppenburq, husband and
wife, as to an undivided 35% interest; Terry P. Mix, as his
separate estate, as to an 20% interest; George E. Barber and
Julee K. Barber, husband and wife, as to an undivided 25%
•
interest; and Howard A. Olds and Lorna S. Olds, husband and
wife, as to an undivided 20% interest
TRUSTEE: - -
Transamerica Title
Insurance Company, a
corporation
BENEFICIARY: City Bank
AMOUNT: $195 ,000.00
DATED: June 23 , 1980
RECORDED: July 15 , 1980
RECORDING NUMBER: 8007150050
The amount now secured by said Deed of Trust and the terms
upon which the same can be discharged or assumed should be
ascertained from the holder of the indebtedness secured.
15 . Matters which may be disclosed by a search of the records
against the name of the spouse of Terry P. Mix, if married.
END OF SCHEDULE B
CS/mjw = - -
D-1434
, I cag®Title Insurance Comma .
IMPORTANT:This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with
reference to streets and other land. No liability is assumed by reason of reliance hereon.
Rr-i-i irtr) Zi-t) 4 5t1)4
ORDER NO. (--1/4\�32
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PEOPLES NATIONAL BANK BUILDING
SEATTLE.WASHINGTON 98171
ow-slur m•fm.aseea
•
O F 1?
s
16 - emu , o THE CITY OF RENTON
U t�
?:« MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
o BARBARA'. Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER
Go FRED J. KAUFMAN. 235-2593
90
SEP1����Q`
February 23, 1981
Mr. Richard L. Kloppenburg
15404 N.E. 6th Place
Bellevue, WA 98007
RE: File No. Short Plat 116-80, E-117-80, SA-104-80, V-105-80;
Barber, Kloppenburg, Olds (Sunset Square) .
Dear Mr. Kloppenburg:
This is to notify you that the above referenced requests, for which a
decision was published on January 19, 1981 , are considered final , and
the application files will be submitted to the City Clerk effective
this date for permanent filing.
If you have not already done so, please contact the Planning Department
for information regarding preparation of the final short plat mylar
which will be filed with King County.
Sincerely,
#114_91..
Fred J. Kaufman
Hearing Examiner
cc: Planning Department
City Clerk
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 19th day of January , 19 81 , 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.
•'fir +'.• !.. _ 1 ;/•;-1
•
Subscribed and sworn this V-.1-day of r'(dnv ?.r y , 19 c? '‘ .
•
Notary Public in and for th State car
Washington, residing at \-t'-oroA
Application, Petition or Case: Sunset Square; Sh. 01 . 116-80, SA-104-80
(The rn nwte,5 contain a tist 06 the patties 06 neeond. 1
V •
PLANNING 1 EP m;aI T •
PRELIMINARY REPORT TO °J 1LfE SING EXAMINER
PUBLIC HEARING
DECEMBER 30, 1980
APPLICANT: BARBER, KLOPPENBURG, OLDS
FILE NUMBER: SA-104-80 & Short Plat 116-80 & E-117-80
A. SliP2MIARY is PURPOSE OF REQUEST:
The applicant requests site approval for a. +25,325 square
foot neighborhood shopping center consisting of 3 buildings
and associated parking. Also sought is approval of
a 4-lot short plat together with an exception to the
Subdivision Ordinanceto provide access easement to proposed
lot # 2.
B. GENERAL INFORMATION:
1 . Owner of Record: DONNA R. NOLAN
2. Applicant: BARBER, KLOPPENBURG,
OLDS
3. Location:
(Vicinity Map Attached) Vicinity of 1320
Union Avenue N.E.
4 . Legal Description: A detailed legal
description is available
on file in the Renton
Planning Department.
5. Size of Property: +3.4 acres
6. Access: Via Union Avenue N.E.
and Sunset Blvd. N.E.
7. Existing Zoning: B-1 , Business Use; R-3,
Residential Multiple Family;
Minimum lot size 5000
square feet.
8. Existing Zoning in the Area: G-7200, Residential Single
Family; R-2, Residential
Two Family; R-3, Residential
Multiple Family; B-1 ,
Business Use
9. Comprehensive Land Use Plan: Commercial, Medium Density
Multiple Family
10. Notification: The applicant was
notified in writing of
the hearing date. Notice
was properly published in
the Seattle Times on
• December 17 , 1980
and posted in three
places on or near the
site as required
by City ordinance on
December 19, 1980.
I
PLANNING DEPARTMENT
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC. HEARING: SUNSET SQUARE, SA-104-80; Short Plat 116-80, E-117-80
DECEMBER 30, 1980
PAGE TWO
C. TISTO:WBACKGROUND:
The subject site was annexed into the City by Ordinance
#2472 of March 28, 1969 at which time the present zoning
classification was applied. The property was rezoned
from "G" to B-1 and R-3 by Ordinance #3420 of May 7 ,
1980 with certain restrictive covenants. (See attached)
D. u SIC BACKGROUND:
1. Topography: The subject site rises slightly from
south to north at approximately a 4 percent grade.
2. Soils : Alderwood Gravelly Sandy Loam (AgC) .
Permeability is moderately rapid in the surface
layer and subsoil and very slow in the substratum.
Runoff is slow to medium and the erosion hazard
is moderate. This soil is used for timber, pasture,
berries, row crops and for urban development.
Ragnar-Indianola association, sloping (RdC) .
Permeability is moderately rapid in the upper part
of th is soil and rapid in the substratum. Runoff
is slow to medium and the erosion hazard is slight
to moderate. These soils are used for timber.
3. Vegetation: Scrub brush is the dominant feature
with a few junipers and some scattered evergreens.
4. Wildlife: Existing vegetation on the site may
provide some habitat fOr birds and small mammal . .
5. Water: Honey Creek flows across the southerly
portion of the property in a southeasterly-northeasterly
direction.
6. Land Use: An older vacant single family residence
is located near the center of the subject site
with the remainder undeveloped.
E. NEgG BO r.,O® cw,:P;r;AG'IERISTICS:
The surrounding properties consist of a mixture of single
family, multiple family and light commercial uses.
F. PfU'TLICG SER ICES:
1 . Water and Sewer: 12" water mains are located along
Union Avenue N.E. and Sunset Blvd. N.E. An 8"
sanitary sewer extends east-west on Sunset Blvd.
near the east end of the subject site and second
8" sewer runs north-south on Union Avenue on the
south side of Sunset Blvd. In addition, the Sunset
lift station is located adjacent to the subject
site on Sunset Blvd.
2. Fire Protection: Provided by the Renton Fire Department
as per Ordinance requirements.
3. Transit: Metro Transit Route #107 operates along
Union Avenue N.E. at_N.E. 12th Street within 500°
to the south of the subject site.
4 . Schools : The subject site is within 1/2 mile of
the Honeydew and Sierra Heights Elementary Schools
and within 1-1/2 miles of McKnight Junior High
School and within 1/2 mile of Hazen Senior High
School.
•
PLANNING DEPARTMENT •
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC HEARING: SUNSET SQUARE, SA-104-80; Short Plat 116-80; E-117-80
DECEMBER 30, 1980 •
PAGE THREE
5. Recreation: The subject site is within 1/2 mile
of Kiwanis Park to the south and within one mile
of the proposed King County Park west of Sierra
Heights Elementary School.
G. n;r'PLICABT, d SECTIONS IO1NIS; OF ThIg ZONING CODE:
1 . Section 4-709A, R-3; Residential Multiple Family
2. Section 4-711 , B-1 ; Business District
H. APPLICABLE SECTIONS OF TIEHE COMPoinuliSIVE PLAN OA OTHER
OFFICIAL CITY :
1 . Comprehensive Plan, Land Use Report, 1965, Objective
#6 , p. 18
2. Subdivision Ordinance, Section 9-1105, Short Sub-
divisions.
3. .Subdivision Ordinance, Section 9-1109 , Exceptions.
I. IMPACT OF 'I :,r- NATURAL OR HUMAN ENVI,';w T:
•
1 . Natural Systems : Development of the subject site
will disturb the soils, remove the vegetation,
increase storm water runoff and have an effect
on traffic and noise levels in the area. Through
proper development controls and procedures, however,
these impacts can be mitigated.
•
2. Population/Employment: The proposal should not
significantly affect population but increased employ-
ment opportunities may be expected.
' 3. Schools : Not Applicable
4 . Social: Increased opportunities for social interaction
may result from the additional employment generated
by the proposed project.
5. Traffic : The Traffic Engineering Division
estimates total trip generation to be 115. 8
trip end per 1, 000 square feet of retain space
plus the impact from the drive-in bank.
J. ENVIRONMENTAL ASSESSMENT/TH ES m OLD DETERMINATION:
Pursuant to the City of Renton' s Environmental Ordinance
and the State Environmental Policy Act of 1971, as amended,
RCW 43-21C, a. declaration of non-significance was issued
for the Site Approval subject to available sewer capacity
and payment of fees for traffic impacts ($20/trip generated)
by the ERC on November 5, 1980.
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.
PLANNING DIRECTOR
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC HEARING: SUNSET SQUARE, SA-104-80; Short Plat 116-80, E-117-80
DECEMBER 30, 1980
PAGE FOUR
L. PI wIG ilEPA;,'1rill21? wa:ALYSIS: (Site Approval and Variance)
1. The proposed neighborhood shopping center use is
consistent with the Comprehensive Plan designation
of commercial, B-1, zoning for the subject site.
The conceptual condominium or professional office
use slated for the R-3 portion is also consistent
with the existing zoning and Comprehensive Plan
designation of medium density multiple family.
2. These proposed uses may also be considered compatible
with the existing land uses on adjacent and surrounding
properties.
3. As submitted, the applicant 's site plan proposes
a complex composed of 3 one-story buildings totalling
25,325 sq. ft. with a concrete block architectural
treatment accented by a tile and cedar canopy.
Likely occupancies include a bank, restaurant,
and assorted retail enterprises.
4 . Parking required and parking provided for the various
structures in the B-1 zone can be summarized as
follows based upon the Parking & Loading Ordinance
standard for shopping centers of 5. 5 stalls/1, 000
sq. ft. of gross floor area.
Building #1 3600 sq. ft. )
Building #2 17725 sq. ft. ) Parking required: 139 stalls
Building #3 4000 sq. ft. ) Parking required: 147 stalls
Total 25325 sq. ft.
5. There has been concern among various city departments
and area residents regarding drainage and storm
water runoff in this vicinity. As a result, the
City Council requested a study of the subject proposal
and related area developments to determine sewer
and water capacities. An attached memorandum from
the Public Works Director addresses this concern.
6. Relative to the findings outlined in $5, the Utilities
Engineering Division advises that an approved water
plan may be required as per Fire Department requirements
for on-site hydrants. In addition, the applicant
will be subject to latecomer' s agreements for sewer
on Union Avenue and for water on Sunset Blvd.
Standard hookup fees for sewer and water and an
area charge for the Honey Creek trunk line will
also apply.
7. A pre-construction conference with the Fire Marshall
will be required as per Fire Department comment.
8. Both the Police Department and the Traffic Engineering
Division have advised that the drive-in lane to
• the proposed bank at the southeast corner of the
subject site be expanded to (2) 9-foot wide lanes.
This is recommended because both departments anticipate
that vehicles will stack up on Sunset Blvd. and
become a traffic hazard. At the same time, this
will reduce the required 15 ' landscape buffer on
the east property line to at least 7 ' . This is
true for the southerly 160' of the property. Therefore,
the applicant will have to either reduce the size
of the proposed structure or adjust the location
of the building. The 15 ° landscaping strip is
required by restrictive covenant.
•
PLANNING DEPARTMENT
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC HEARING: SUNSET SQUARE, SA-104-80, Short Plat 116-80, E-117-80
DECEMBER 30, 1980
PAGE FIVE
9. The Police Department also requests that lighting
in the parking lot and on the buildings should
be placed such that it shines on buildings rather
than out into the street and parking areas. (See
additional comments) .
10. Assessments for City improvements will total $58, 652
as reported by Traffic Engineering. This is for
the commercial portion only. The future professional
office uses or condominiums will have to be addressed
later. Consult this department for details.
11. A variance from the rear yard setback has been
requested by the applicant. . The proposed Sunset
Square development is adjacent to a parcel of property
zoned R-3. Under the Subdivision Code, Section
4-711 (d) a special setback requirement is required
on all yards when adjacent to residential zones.
Therefore, the setback requirements of the adjacent
R-3 zone would apply. This would require a minimum
of a 20-foot rear yard per Section 4-709A(d) . The
other front and side yard requirements have. been
met.
The proposed Sunset Square shopping center fronts
upon Sunset Blvd. N.E. The applicant has recently
obtained a rezone subject to certain setback requirements
and specific landscape buffers. The Hearing Examiner
must determine that to grant a variance that certain
conditions must apply.
Condition A: That the applicant suffers undue
hardship and the variance is necessary because
of special circumstance applicable to subject property,
including size, shape, topography, location or
surrounding of the subject property, and the strict
application of the Zoning Code is found to deprive
the subject property owner rights and priviledges
enjoyed by other property owners in the vicinity
and under identical zone classifications.
The specific rezoning .of the property required
that a northern buffer of R-3 zoning be included
in the development. Therefore, the zoning itself
has met the intent of the required rear yard by
providing a buffer of lower use residential or
possible office uses to buffer the northern edge
of the commercial development. This buffer is
5 times that required by Section 4-709A. Therefore,
the specific application of the Zoning Code deprives
the applicant of his rights which were applied
to him as a conditional approval in said document.
The subject property has been more restricted by
the rezone than would normally be considered on
adjacent subject properties.
Condition B: :_That the granting of the variance
will not be materially deprimental to the public
welfare or injurious to the property or improvements
in the vicinity and zoning which subject property
is situated.
The applicant is proposing a shopping center contained
in itself with immediate buffering to the north
which shall result in a reduction of the impact
of the shopping center upon the existing single
family residential to the north. The R-3 property
PLANNING DEPARTMENT
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC HEARING: SUNSET SQUARE, SA-104-80; Short Plat 116-80, E-117-80
DECEMBER 30, 1980
PAGE SIX
which provides this buffer is designed as a working
part of the shopping center. It does not appear
that granting the variance will be materially detrimental )
to the public welfare or injurious to any of the
property or other improvements in the vicinity
and the zone in which the subject property is situated.
Condition C: That the approval shall not constitute
a grant of special privilege inconsistent with
the limitation upon uses of other properties in
the vicinity and the zone in which the subject
property is situated.
The rezoning of the subject site put specific limitations
on the development above that normally considered
in the zone in an attempt to mitigate those impacts
upon adjacent properties and would be considered
in any future applications in the area for a similar
rezone. , This has been fairly established practice
throughout the Highlands to create use or landscape
buffers between existing lower density uses and
proposed higher density uses.
Condition D: That the approval as determined by
the Examiner or Board of Adjustment is a minimum
variance that will accomplish the desired purpose.
The Exminer has previously considered in the rezone
request that the use buffer of 100 feet is adequate
to provide the minimum intent of the ordinance.
Therefore, the variance should be granted totally
because it has been replaced by specific conditions
approved by both the Examiner and the City Council.
12. The landscaping plans as submitted .generally conform
to the restrictive 'covenants of the rezone and
the standards of the Parking & Loading Ordinance
with the exceptions noted in #8 and #11. Further
details of size, spacing, numbers and types of
species will require approval at the building permit
stage.
M. Dr "ARTMENTAL RECOMMENDATION:: (Special Permit, Variance)
Based upon the above analysis , recommend approval of
the site plan subject to compliance with items L76 through
L-10.
L. PLANNING DEP \i'MMENT ANALYSIS: (Short Plat)
1. The proposed short plat is consisent with the Compre-
hensive Plan and zoning designation for the subject
site and surrounding area.
2. The subject proposal consists of 4 lots ranging
in size from ±24 ,820 sq. ft. to 162, 577 sq. ft.
3. Each of the proposed lots meets or exceeds the
minimum standards of the Subdivision Ordinance
for size and frontage. However, the applicant
is requesting an exception for access to lot #2
by easement over Lots 1 and 3. This proposal includes
parking, utilities , ingress and egress to cover
all of the paved parking areas. Termed "a reciprocal
cross easement" . This approach has been used previously
at the Redwood Plaza Center in Bremerton and the
Alderwood Retail Center in Lynnwood. The Hearing
Examiner approved a somewhat similar request in
•
PLANNING DEPARTMENT
PRELIMINARY REPORT TO THE HEARING EXAMINER
PUBLIC HEARING: SUNSET SQUARE, SA-104-80; Short Plat 116-80, E-117-80
DECEMBER 30, 1980
PAGE SEVEN
the Doug Weston Short Plat (Short Plat 061-80) .
on August 1, 1980. A related exception was also
requested and recommended for approval by the Planning
Department in the Puget Power Short Plat (Short
Plat 100-80) . Therefore it would appear that there
is some precedent for this request and that justification
can be provided (Section 9-1109) . However, the
primary argument supporting the granting of the
exception is the specific language of the parking
and loading ordinance which considers the difference
between a normal retail facility and one designed
as a shopping center. This distinction of function
is the basis for granting the exception.
4 . The Engineering Division advises that all off-site
improvements are to be installed in conjunction
with the initial development on the property. See
other comments.
5. A utility plan to service the proposed properties
will be necessary as per Utliities Engineering
Division comment. This is to be provided in conjunction
with the pressure water plan required by the Fire
Deprtment for the site approval.
M. D' ,"ARTMENTAL RECOMMENDATION: (Short Plat)
Based upon the foregoing analysis , recommend approval
of the short p lat subject to meeting the requirements
noted in L-4 and L-5.
It is recommended that the exception be granted due
to the previous actions referenced in both the City
of Renton and other municipalities.
•
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SITE PLAN i
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21resoareme
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STRUCTION TYPE_�; .. �. BUILDING AREA BLDG I 3600
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BLDG 3 24325 SO.FT.
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BARBER, KLOPPENBURG, & OLDS
SHORT PLAT 116-80
Exception - E-117-80 .
<J, 2 � � : T�y. CITY OF RENTON , KING COUNTY, WASri. -L'�.
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•
DECLARATION OF RESTRICTIVE COVENANTS !'
WHEREAS,''. Arthur Ra Beale and ,his wife Dorothy M. Beale, and,Donna R. Nolan, as .
tom:
,' her separate estate, '-are the owners of the.following•reai:property in the City of Rentoon,'
;County of King, State of Washington; .described. as follows:
.
•�•1 : . That portion:of: the southwest quarter of the southwest quarter of Section 3,
'a Township 23 North,:,Range..5 East, W.M. ,' in 'King County, Wa, described as ' '
` follows: •
Beginning at the northwest corner of said subdivision; thence north 89-24-22 .
CD east along the northerly line there of 372.37 feet; thence south 1-10-21.
. •., east11[n� 534.00 feet to the true,point of beginning; thence. south 1-10-21 east
'498 :.:'2 .1 rt q• +�.'. }. bn- ^47a thence,
94J,• 3S`+Z'f� . '
�; •zZ61.. ee :•:14.0A`.;;ci r ? �` '3,0.1,0 beginning:.,. y•;; ii� �j y • . ..i.. .
4t '^ +}�.. ._ ••+..�.:�.. s!A,...Ir�•-.:" •6'�c.., i E����`M;'.`:, t- .ra uN .�i�+.� '�`e ^ „" .� "l"' ��I:�l,
•
�- ;;:,;�.� , ei2-,--,,ieriCQ=sfeste y,-aYoili ,daicl 'northerly line to the easterly line of the.
•.7 westerly 30 feet in width of said subdivision; thence north 1-23-12 west '
::% parallel with the westerly line of said subdivision to a line which is
eN2 parallel with the northerly line of said subdivision and which intersects
the true point of beginning; thence north 89-24-22 east parallel with the
•
;� ' northerly, line of said,.subdivision 340.-37. feet j.'more.•or less', .to the true •
point of beginning, EXCEPT:"road. .
i
. • I4HEREAS, the owners-Of said' described property, hereinafter "the property," '
desire to impose the following,restrictive -covenants running with the land as .to
use, present and future, of the property; :, ; ' . .
., NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose. .
restrictions and covenants running with the land as to the use of the land . .
hereinabove described with respect to the use by the undersigned, their successors,
heirs and assigns, as :follows: . •
:.‘,.,:,;. _ ti..,.:• ,,o,:,::a.•,,,i, t':?'.i?.,,,, .4,vm•z^ :fit: Nps:GF.1A.K''.rkanE gAlgS"+:r'Yatt:?!3• .,,: .:mw,aa..,sftr o.vv, ,42i,v;gp:*sc1.1.14.?4 ,ias?s.•.. a.r?iaM
• It shall be the responsibility of the owners of• the property -to install and maintain
a 20-foot landscape buffer and:fence along the north•property line, and. to, install'-`.; ,
and maintain a '15-foot.landscape buffer and fence along the east property line. . •'
Honeydew Creek shall be preserved and incorporated into any development plans for ::..
the property. •
DURATION-"
• These covenants shall run with the land and expire on December 31, 2025. If at any
time improvements are installed pursuant to these covenants, the portion of the
covenants pertaining to the specific installed improvements as required by the . •
Ordinances of the City of Renton shall terminatewithout necessity of further
.
documentation. . . ..
Proper legal procedures in the Superior, Court Of King County may be instigated by '
• • .ei'th'er,the City .'of';R nton, Or: e y=":p5 mp ty gcan'd s::--adjoining ds. jest. ro ert who. a; n,;:m
are adversely affected by any violation or breach of these restrictive covenants.
Reasonable attorneys' fees incurred: during;:an:,enforgement',proceeding will be borne .>
.by the parties whom the court:determines are in.error and shall be entered as a
judgment in,such action. .•
• IL.LL.� I'oi• :°F�.cv{ # ;ul_ J3,.''4• ile. .. � ,
frt,-r3l . • , . . Arthur R. Beale
'a ctv�itt.,..i i'a'' v.t " .,.ew.
Rti
E `l•t;N, Av Sii. 05,
,,s- 5 G 'G
:• -G� G AG- • . /" f ) ..- 4 .�L. , '
-._.. �.._ 4._. ..... .___.. • •-'Dorothy. M../Beale
STATE OF WASHINGTON)
• COUNTY OF KING • ) . : :
.. Page One of Two
•
•
'On this . �ILA day of !�• `j-� 19 10�, before me personally appeared
Ar-Shur R Beale and his wife Dorothy M. Beale, the persons who executed the within
`z and foregoing 'instrument, and acknowledged said instrument to be the free and
•voluntary: 'act''and'd6ed' of.'said persons for the uses and purposes therein mentioned.
IN. WITNESS: WHEREOF_ ,:-I•„have'''-hereunto:;set`'My.:hand and affixed my official seal
`' the day and'•year' first •abo've Written:.''.
.d0 -
Notary Public. in and for thetate'
of.Wash ngtcin
:-l:?'•-"'�?' 'tic;r:L-�.: :+,'.,:.R.�'� ,=r;w�`'` s';;�1s_.`"li: ,ya .ti'�',?.•t%ki''':'�a YU'�'+ _?.4��;r gam,( +rM� .t. .a •�i1S.1�R4!`-�,pf��.`";;CA
,n���) ., :M. '�;, :'L.i..::vi,.. .:y',"�y,. .,r�irj. 'izyY•tgo,, s, � *. a°Y!).;�,,��,�,.�Y•� `d •vgtS't �1,. j "'7¢�5'�. ,'1^•e��';`I;o _,`'F ".tip=-;T`a'tD' w'•4 .
�T,•, e.1 "'�.C.N 1.. :F'k'f'.'Tr`' �•>,l.S,,,,,'t',J'1t(:'e,�'(•.rzM.pp r ? r}{Ydgy' .�yk' 'y T k'41,T :.3,,x9i .' tSi'94/'� ..
ypyj('j ij.?� ,•�•. ;j�� �1:Vic:s'wi.yr x�(,) p " 'd•Yi•'C,rvhV• ,"+'1.,".'C�`.?f:it }t -Y. 'S �• *I
•
) 1
' :: ,;:;;:,Donna:R '-No n' C'as her 'se- arate::.estate'. :
_ :fir'- - • _
1;:
STATE.9F WASHIN
rT
COUNTY OF KING
On this .."9 day of , .19 , before me personally appeared
Donna R. Nolan, the person who executed the within and foregoing instrument, and
acknowledged said instrument to. be the free and voluntary act and deed of said
person for the uses and purposes therein mentioned: .
IN WITNESS WHEREOF, I have hereunto set my and and ,affixed my official ,seal),.. }
the day and year first above written.
•Fs�.`.b: �.�r,ire.'tiaf+$�>.+T:�iwC"�?^'a4es•' 6dCa"' ?PoSi+' ".64,=i5�'ahi'�+a*ce, • - .(�
• 4 n e'
of Washington,_ residing in
•
RECORDED f'AY
.irR 7 II .to '" '"
REC Rf,(- ,4 ELE�i'f� S
KING Ui;;1N T. Y
•
` "' "
•
:Page Two of Two
I,
•• •
OF I?4'
M © PUBLIC WORKS DEPARTMENT
of ,
z WARREN C. GONNASON. P.C. ® DIRECTOR
p ale= y4.3 MUNICIPAL BUILDING 200 f41.-ILL AVE.SO. RENTON,WASH.96055
Aso ,o'
0
9�TFo SE PI
206 235-2569
BARBARA V. SHINPOCH
MAYOR
November 24, 1980
Honorable Barbara Y. Shinpoch, Mayor
and Members of the Renton City Council
Municipal Building
Renton, WA 98055
Subject: Sunset Lift Station
Dear Mayor Shinpoch and Council Members:
Attached to this memorandum is reports, previous memorandums and data relative
to the Sunset Lift Station and the proposed Kennydale and Honey Creek sewer
interceptors. Based upon the attached analysis and the present circumstances,
it is recommended as follows:
1 . That connections to the systems served by the Sunset Lift Station be
prohibited by moratorium following the connection of the following
properties which are in permit application process:
a. 75-unit apartment complex on the east side of N.E. 12th Street
and Union Ave. N.E.
b. 16-unit duplex complex southerly of the shopping center at
Sunset and Duvall Ave. N.E.
c. Neighborhood shopping center at N.E. corner of Union and Sunset.
d. Small L. I .D. proposed by Shannon O'Neil to serve the northeast
corner of Sunset and Duvall Ave. N.E.
The total connections of the above properties will be less than the
calculated 361 units which would still be allowed under the attached
analysis. This moratorium could be immediately effective subject to
the exemption of those properties.
2. That the City proceed and authorise a revenue bond issue in the amount of
$2,000,000 for the purpose of providing the financing necessary to con-
struct the Honey Creek and Kennydale interceptors.. A complete analysis
of the debt service requirements for this bond issue will' be coordinated
with the completion of our Water & Sewer Rate Study estimated to be com-
pleted on December 15th. We feel that there is good probability that
this bond issue can be serviced without an increase in the sewer rates
and If such an increase is required, it would be only a small increase
u :
�La.��fii3'a.wi-� '�i,:y�i+Y.n'sfi(:ur:m:'.tYc1%rrc5•r.4 .;h •, _� n- f-.'.ii+•'W..v�'A.' vt4..'dtn..•..._s ::h• u�.t�''. - •_•
•
•
;.riitWe.. r:w•::s-.ti,:•. u�u.i'-=L�t,a,;:it:.ir�'> �.....:.:. .a<:xG:m:gWaa:'� .iS.;.•vi,.adw«wb,....rL`:•.''.,S•.`... .1:._;
1 "
I .
'
/
Mayor & City Council -2- November 24, 1980
for a short period of time.
3. Based upon the bond issue Inc 2. above, request Metro to proceed with
the construction of the May reek interceptor.
•
In our 1981 budges, we have requested funds for a complete analysis and
comprehensive plan of our sewer system. This will include an inflow
infiltration analysis along with a recommended cost-effective solution to
the inflow and infiltration problem.
Very truly yours,
°"-----)
r //
f �.
Warren C. Gonnason, P.E.
Public Works Director
WCG:jt
cc: City Attorney
Engineering Supervisor
Hearing Examiner
Planning Director
•
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" P1 anni nc
f V
,!`i® 12-1 979
RENTON PLANNING DEPARTMENT
/ DEVELOPMENT APPLICATION REVIEW SHEET 4 °'
r
a ice' $a ab. $�
e
App1 i cati on : S P./eei- 7 1 .� if . v 0 era.— fa'r'z'
___ —:".<51;Yeo efea , 9 0 eil a /
Location : �� ►� � e ®a Q ®-damc��i
Applicant : f r'-g. 0 -# f
TO: Parks Department SCHEDULED HEARING DATE : if/,2644
Police Department A. R. C. MEETING DATE : ' +,
Public Works Department , ®C fl 81 1k / +
Engineering Division
./Traffic Engineering
Building Division
Utilities Engineering
Fire Department
(Other) :
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO T E APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON
fir . AT 9: 00 A.M. IN THE THIRD FLOOR CONFERENCE ROOM.
IF YO DE ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC,
PLEASE OVI E THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:00 P .M. ON
REVIEWING DEPARTMENT/DIVISION : jwi`�7C L N6iWEEk7/A/G
Approved K Approvedel with
Conditions Not Approved
r I �� �' - ; ��'l•,< L\c -`n /�
o , C. 1 1 0 I.. 1,,, !)l'. ,c'e Pei c h,LS i<<-,.`l ull I/ C_.(I "}6
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/• `.k. K�, l ,1- l , .1 , - I ,/,,,
f,..3 , (7.) :,•.__'(-).,-,r.5. /i Pro/ ' <7� f GtJO / -74 ollq� /d ES
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.WA51 p ,✓r..., pr G/i c.ic -t— r.J.//[, =yr� ,�r � � yG O , a)7 ` L1
-r * ,_-,a..:J-r'r�{'.F;c 7'�-�� ''el sa...c.,..,n,,,., a.rP n.}.y t9,,�{.�1 F?E�j/-.7�••.J ""
Signature of Director or Authorized Representative ' lc--'' , Dat
( I (.
REVIEWING DEPARTMENT/DIVISION : �^-� • •
Approved Approved with Conditions Not Approved
P/ Zia ..0 . .its ,zU d-2-0' Gv--4_t,,_ ceiri-ti ,p4„Z-&;—.."C
cam.. 4
Signature of Director or ithorized ep •esentative / Date
e,_, 110/47/86) 2 979
RENTON PLANNING DEPARTMENT at
DEVELOPMENT APPLICATION REVIEW SHEET � p4©�p;�'eA. �5 p®� `'
•
o44'�c.e use-
Application : S, "' 'd ` ei- , ` 1 ir � c s-0. . y0 of "�te- .
'P e VA e
Location : , 6' y �,,. 6+. e� X ' `r °A psi a ' �,�gte�
Applicant: ° ® °
TO: Parks Department SCHEDULED HEARING DATE : /// s'/,
Police Department A. R. C. MEETING DATE : j , r�.,, �/ .: ) ,�
Public Works Department Et:C " ®B ,19e ®��
if�'
Engineering Division
Traffic Engineering Rr� ?'
,,, c.,- i.A)`/ oBl ing Division /�. c,. � �/ui
4,0<iilities Engineering !• �Jj3 r—
Fire Department -- ,-,7
-()
(Other ) : , I1//1j� -r ,�
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO T E APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON
. 0 AT 9 :00 A.M. IN THE THIRD FLOOR CONFERENCE ROOM.
IF YO DE ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC,
PLEASWOVI THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:00 P .M. ON
REVIEWING DEPARTMENT/DIVISION : �-'° r-
Approved v/ Approved with Conditions Not Approved
O 4ujccx: LZ Gar// /f/i-'Z /ti/re-57 /FL Pc%-�/ =.0
____ _______6 l `
���✓ c-� //�/ .,
Signature of Director or A thor ze Representative Date
REVIEWING DEPARTMENT/DIVISION : -irur,/
Approved j Approved with Conditions Not Approved
SLAW" t'a LbTe— (6dtia1-5 D cillWL-` +-1 °A( 5vrnt56 t & N6 —we73et—
I t I( I' &WM., N✓� "IC' - 561'451t '
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k PPS JG15- wo�ct� (Ai)" h)-S wi,e-(6c" ✓-a-(t i,/1:o o( nR- 615Pi cop_ sire ttypau,,rc-S
C1:9,03 dree 0.
All at____ 7-ac .7; k--
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Signatur: of C : rector or Authorized Representative Date
�, � � A"M Planning
a
�� j` 12-1979
cio
RENTON PLANNING DEPARTMENT C®�0®��61e A rl
DEVELOPMENT APPLICATION REVIEW SHEET e {s
0,41 044
Application : " ® a (s P
Location . c.
%" Iv y ' 4',m,e` . ��a �%01 ® "Pat ° 0 vaa -{
Applicant : tat,e. t • ' : a' ar c ,� ‹A. _
TO: LAarks Department SCHEDULED HEARING DATE ; #174p15
77Police Department A R :, C, MEETING DATE , aI
Public Works Department e .°w! g,,, 11)? I
� l� B
Engineering Division
�' }
Traffic Engineering
1
Building Division iI
Utilities Engineering
Fire Department
(Other) :
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO T E APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON
AT 9:00 A.M. IN THE THIRD FLOOR CONFERENCE ROOM,
IF YO DE ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE T AITEND THE ARC,
PLEAS �?OVI THgovE COMMENTS TO THE PLANNING DEPARTMENT BY 5:0U P .M. ON
REVIEWING DEPARTMENT/DIVISION : POLICE DEPT.
i
I
Approved XXXX Approved with Conditions Not Approved
1) Should consider making drive-up lane to bank two lanes in width instead
of one lane to prevent any traffic back up onto Sunset Blvd. \N.E.
2) LICHTINC in parking lot & on buildings should be d placed F o that it shi
in on buildings rather than out on to the street & parking lot . This is
a safety measure for both the traffic on the adjoining streets as well
as a safety measure for police officers who have to resp 'd to business
aft cl ing--Lights directed outward will blind office on approach.
Lt.. - 10/28/80
Signat re f Director or Authorized Representative ; Date
1
REVIEWING DEPARTMENT/DIVISION : B
•
Approved Approved with Conditions Not Approved
_ . /-10t t Li) l c 7 (:v c!: 772(1: -?{7(7 00 J__) J 1=
C/ 4-(fC:-,:e -5.5-1_C / )i ,> 3- cC�'e '&79_' Z041)z'.- 7
-1 Via 4"�/i3 iu c_.(.= ?i.s .Ai c) T % -( ''
/ /
Signature of Director or Authorized Representative Date
Z
Plannii
12-197'
RENTON PLANNING DEPARTMENT
DEVELOPMENT APPLICATION REVIEW SHEET
0
Application : ')=P-
0- 10- 1/40.0” hv to-5 elvit • 7f0 'roe's)*So,
' e
Location : © N e .
9
Applicant : °
TO: Parks Department SCHEDULED HEARING DATE : 4Zr`t >
Police Department A. R.C. MEETING DATE : '``F/
Public Works Department
Engineering Division
Traffic Engineering
Building Division
Utilities Engineering
Fire Department
(Other) :
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO' ; HE APPLICATION RVIEW CONFERENCE (ARC) TO BE HELD ON
AT :UUU A.M. IN THE THIRD FLOOR CONFERENCE ROOM
IF YOUR DE'ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE TO A TEND THE ARC,
PLEASE PROVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:OU P .M. ON
REVIEWING DEPARTMENT/DIVISION : C DC-
>( Approved Approved with Conditions Not Approved
,//
Sigr foe Director or Authorized Representative Date
/ / I
— ----- -
I
REVIEWING• DEPARTMENT/DIVISION : POLICE
XXXXXXX Approved Approved with Conditions Not Approved
LT . D .R. PERSSON 12/9/80
C4nnn+iirc of nirector or Authorized Representative Date
P1 anni r
12-197S
RENTON PLANNING DEPARTMENT
DEVELOPMENT APPLICATION REVIEW SHEET
Application : .$ ; fir:" d! ` ' r • /,p ® O i ' :r '%6 �y{® 2e rr.. rno,,A60
s ® Aril Afty30.5021/442 64. 104'0.,:cgH Q
Location : Ars-LortnrY"r deS Solag 4,4„c o ";'. oup,d 4 VP. , .� •#'.._.
• Applicant.: Ik1Dpt,i, ���
42-3.
TO: Parks Department SCHEDULED HEARING DATE 4 ®.,
Police Department AIR.C, MEETING DATE : MI7/4
Public Works Department
r. ngineering Division
Traffic Engineering
Building Division •
Utilities Engineering
Fire Department •
(Other) :
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO HE APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON
AT 9:00 A.M, IN THE THIRD FLOOR CONFERENCE ROOM.
IF YOUR DE ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE TO ATTEND THE ARC,
PLEASE PROVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:OU P .M. ON
REVIEWING DEPARTMENT/DIVISION :
Approved )X Approved with Conditions Not Approved
•
/2/VAD
Signature of Director or Auttorizedl epe entative Date
REVIEWING DEPARTMENT/DIVISION :
Approved Approved with Conditions X Not Approved
,c; 111 ; i �� �.7 I{, \ �T\
/ '``
I 0 La, / • tifir
d e resentat a Date
Signature of Director or Authorize p
':' ! Planni
1
12-197
RENTON PLANNING DEPARTMENT
DEVELOPMENT APPLICATION REVIEW SHEET
Application : 0 S 6 Jfer,fiCA4
• ® '®��, � �'" .,;� yy�� ,ram y� J Z age*2
., , .._, . .. ,, ...,....‘ ,, ., ,e'e' t?.,''w,
Location : `r( ,EAL��''"-E G, @ • Q.J 0 N ErOD
LJA Q 6 irp sr/ cipe• ive
Zv-�C
Applicant : •
TO: Parks Department SCHEDULED HEARING DATE : 1,:::) /.`:`C.
Police Department A, R. C, MEETING DATE : �pr`` n /// 4
Public Works Department r � ,
Engineering Division
Traffic Engineering
Buildng Division
f 'ITtilities Engineering
h
Fire Department
(Other) :
COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN
WRITING FO HE APPLICATION REV EW CONFERENCE (ARC) TO BE HELD ON
_ AT 9:UU A.M. IN THE THIRD FLOOR CONFERENCE ROOM.
IF YOUR DE ARTMENT DIVISION REPRESENTATIVE WILL NOT ABLE T TEND THE ARC,
PLEASE PROVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY b A:OU P .M. ON
REVIEWING DEPARTMENT/DIVISION : /�
'''Approved Approved with Conditions Not Approved
c---__ r -. ...-- Z
....1--- /- „(j"-(_---N \ (-2,__(--- //,%/d/ LP/../ .L
Si gnat re of Di rector 'or A f hori zed Representative /ate
I
1
REVIEWING, DEPARTMENT/DIVISION :
' Approved / Approved with Conditions Not Approved
tfil L i t P6,tia 7f3 st5t ate.© Ow,°o.0ro - --
oP 1 iz/84°
c AN(:); ' I
Signature of Director or Authorized Representative . Date
FINAL DECLARATION OF NON-SIGNIFICANCE
Application No(s) : SA-104-80
Environmental Checklist No.': ECF-614-80
Description of. Proposal : Small neighborhood
shopping center (to
include bank and/or
restaurant)
Proponent : BARBER, KLOPPENBURG,
OLDS
•
Location of Proposal : NE corner of Sunset
Blvd. NE and Union
Avenue NE
Lead Agency : PLANNING DEPARTMENT
This proposal was reviewed by the ERC on October 29, 1980,
following a presentation by Steve Munson of the Planning
Department . Oral comments were accepted from:
Warren Gonnason, Director of Public Works, commented there
may be some overflows of storm water runoff.
Incorporated by reference in the record of the proceedings
of the ERC on application ECF-614-80 are the following :
1) Environmental Checklist Review Sheet , prepared by :
Steve Munson , Assistant Planner , dated October 27 , 1980
2) Applications : SA-104-80
3) Recommendations for a declaration of non-significance:
Police, Planning and Building Departments .
Acting as the Responsible Official , the ERC has determined
this development does not have ,significant adverse impact
on the environment . An EIS is not required under RCW 43 . 21C .030( 2) (c)
This decision was made after review by the lead agency of
a complete environmental checklist and other information
on file with the lead agency.
•
Reasons for declaration of environmental non-significance:
Subject to available sewer capacity ; additional trip generation
and payment of $20/vehicle trip for traffic impact fees .
Signatures :
u),Aqsi.
,d"opn E . Webley , Pa ks and Gcirdoi Biel en
'creation Di„regtp Planning !rector
4� y
vre,
Warren C. Gonnason
Public Works Director •
DATE OF PUBLICATION : Nov . 5 , 1980
EXPIRATION OF APPEAL PERIOD : November 19 , 1980
OF I
Fw ,%
�e ) THE CITY OF _',ENTON
.K4 ° MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055
sea
n A BARBARA Y. SHINPOCH, MAYOR ® PLANNING DEPARTMENT
9A �' 235- 2550
o94TeD SEP� .-��P
December 12, 1980
Barber, Kloppenburg, Olds
P.O. Box 5171
Lynnwood, Washington 98036
Re: Application for site approval of small neighborhood
shopping center (to include bank and/or restaurant)
and condominiums or professional offices; file SA-104-80;
variance for 10-12 foot rear-yard setback instead of
the required 20 feet is also requested, File V-105-80;
property located on the northeast corner of Sunset
Blvd. N.E. and Union Ave. N.B.
Gentlemen:
The Renton Planning Department formally accepted the above
mentioned application on November 17, 1980.. A public hearing
before the City of Renton Hearing Examiner has been set for
December 30, 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
t.
By: a.c„Le �G;y. 'y-�a�t „ra
Roger J. Blaylock
Associate Planner
RJB:wr -
cc: .. George Barber, Arthur Beale, Donna Nolan
Sy '
•
' S. ,
'11 4 I Ty
GENERAL LOCATION: AND, OR ADDRESS:
PROPERTY LOCATED ON THE NORTHEAST CORNER OF SUNSET BOULEVARD
N ,E, AND UNION AVENUE N ,E, • V
LEGAL DESCRIPTION:
LEGAL DESCRIPTION ON FILE IN THE RENTON PLANNING DEPARTMENT
•
S POSTED TO NOTIFY PROPERTY OWNERS OF
TO BE HELD
IN CITY COUNCIL CHAMBERS, MUNICIPAL BUILDING
ON _,CEMBER 30, 1980 BEGINNING AT 9:OO A.M.
P.M.
' O CE MING ITEM .
RElINE
• S '1•E " Ja PE ° IT'
- ., - SMALL NEIGHBORHOOD SHOPPING
IT - CENTER OF SUNSET SQUARE
S MNAGEzENT PERM'
'f . VARIANCE FOR 10-12 FOOT REAR-YARD SETBACK; FOUR-LOT SHORT
vf, PLAT APPROVAL; EXCEPTION TO SUBDIVISION ORDINANCE RE, ACCESS
FOR FURTHER INFORMATION CALL 235 2550
THIS NOTICE NOT TO BE REMOVED WITHOUT PROPER AUTHORIZATION
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 DECEMBER 30, 1980, AT
9 : 00 A.M. TO CONSIDER THE FOLLOWING PETITIONS:
1 . BARBER, KLOPPENBURG, OLDS (SUNSET SQUARE)
Application for site approval of small neighborhood
shopping center (to include bank and/or restaurant)
and condominiums or professional offices; File
No. SA-104-80 ; Variance for 10-12 foot rear-yard
setback instead of the required 20 feet is also
requested; File No. V-105-80; property located
on the Northeast corner of Sunset Blvd. N.E. and
Union Avenue N.E.
2. RICHARD L. KLOPPENBURG (SUNSET SQUARE SHORT PLAT)
Application for 4-lot short plat for the future
development of the neighborhood shopping center
of Sunset Square; File No. Short Plat 116-80; and
Exception to the Subdivision Ordinance for access
by easement to proposed Lot #2; File No. E-117-80;
property located on the Northeast corner of Sunset
Blvd. N.E. and Union Avenue N.E.
3. BRAD CUNNINGHAM (MERCURY MARING EXPANSION)
Application for site approval and variance to construct
a *5.9,800 sq. ft. addition to an existing warehouse;
File No. SA-113-80; and Variance to eliminate 5%
interior landscaping requirement; File No. V-114-80;
property located vicinity of 4060 Lind Avenue S.W.
4 . GERALD E. SCHNEIDER
Application for rezone from R-2 to R-3 to allow
tenant parking and circulation for the proposed
Hilltop Apartments; File No. R-124-80; property
located east side of Monroe Avenue N.E. approximately
600 feet north of N.E. 4th Street.
5. GERALD E. SCHNEIDER
Application for special permit to allow construction
of apartment buildings in the R-2 zone (proposed
Hilltop Apartments) , total project to be 158 units;
File No. SP-123-80; property located east side
of Monroe Avenue N.E. approximately 600 feet north
of N.E. 4th 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 DECEMBER 30, 1980, AT 9 : 00
A.M. TO EXPRESS THEIR OPINIONS.
PUBLISHED: December 17 , 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
llth day of December, 1980.
•
SIGNED: "r,..-e /����CT•c.`^''r�
OF Rem
44,
•® ® THE CITY OF RENTON
41 - MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055
swim o BARBARA Y. SHINPOCH. MAYOR • PLANNING DEPARTMENT
40 Pm• 235- 2550
9�Te0 SEP1°;
December 4•, 1980
Mr. Richard L. Kloppenburg
Real Estate Development
15404 Northeast . 6th Place
Bellevue, Washington 98007
RE: SUNSET SQUARE SHORT PLAT EXCEPTION
Dear Mr. Kloppenburg:
We have received your letter and are now reviewing the proposal
through the various city departments. Our records show that
we have not received the exception fee of $100.
We are processing the application and anticipate that the
public hearing will be held either December 30th or January
6, 1981.
If you have any questions regarding this matter, please do
not hesitate to contact me.
Very truly yours,
Gordon Y. Ericksen,
Planning Director
Roger J. B aylock,l
Associate Planner
RJB;sh
OF )
4-1 ,y 0 THE CITY OF RENTON
- `� ® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055
ha
BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT
°94 235- 2550
o9g7*eD SEP-CE°e$'
MEMORANDUM
December 2, 1980
TO: OTHER CITY DEPARTMENTS
FROM: PLANNING DEPARTMENT
SUBJECT: SUNSET SQUARE SHORT PLAT -- EXCEPTION E-117-80
ACCESS BY EASEMENT
The applicants, Barber, Kloppenburg & Olds, have requested
an exception to the subdivision ordinance to allow access
to proposed Lot 2 by easements over proposed Lots 1 and 3 .
All of the lots are part of a neighborhood shopping center
presently being reviewed under site approval, SA-104-80.
The applicant proposes using a reciprocal cross easement
for parking, utilities, ingress and egress to cover all of
the paved parking lot areas. This method has been used
at both the Redwood Plaza Center in Bremerton and the
Alderwood Retail Center in Lynnwood. A copy of the
easement format_lis attached. The easement should probably
be placed on the face of the short plat.
/94/ i/6
a
3
RICHARD L. KLOPPENBURG • ,
REAL ESTATE DEVELOPMENT \Q
^' 15404 N.E.6th PL ', tet
• ' --a BELLEVUE,WASHINGTON 98007 4�,
�• (206)747-2144 \.� e t
E�t{ t
November 2LI., 1980
Mr. Roger J. Blaylock
City of Renton
Municipal Building
200 Mill Avenue South
Renton, Washington 98055
RE: Sunset Square short plat
Dear Roger,
•
Concerning the short °platting of Sunset Square into
four pieces, I would hereby express the reasons for
platting the property into four pieces . Financing is
the primary reason for asking for the short plat. As
we all know, the financial climate has been extremely
difficult this past year. With the prime borrowing rate
again approaching the "20%" level, - I assume the trend
to continue. As a result, if the property is broken into
four pieces, financing may be easier to achieve, ie; :. a
piece may be sold, such as the bank pad to a local savings
and loan or if the entire center should be constructed
at different times it may be easier to obtain financing
on one portion rather than the entire center at one time.
4/ consequently, it is my understanding that the reciprocal
AV easement in question has not been done in the City of
t� Renton in the past. Please be advised that reciprocal
easements have been done in the past in other municipalities.
Please refer to the letter from First Western Properties and
also the letter from my engineer Seifert and Forbes. As
you can readily see cross easements can be documented in
9 other areas.
I hope this information is of use to you, and as always,
please feel free to call as questions arise.
cer y,
;Pp
1
Richard L. Kloppe. • , g
Al -k;
7
•
- FIRST �� C�
MI WESTERN „K."-
.��` :', ,
i
PROPERTIES INC. November 18 , 1980 • ;5 �
City of Renton and
Mr. Dick Kloppenburg
Real Estate Development
15404 N.E. 6th Place
Bellevue, Washington 98007
RE: Redwood Plaza Center - Bremerton, Washington
Alderwood Retail Center - Lynnwood, Washington
Dear Dick,
As the owner of several shopping centers, we have used the
cross easement approach for parking, utilities, ingress
and egress. In as much as some of the uses and form of
ownership are unknown at preliminary stages, this method
affords the coverage of all possible combinations. The
two subject centers operate in this fashion.
Regards,
FIRST WESTERN PROPERTIES , INC .
George Barber
GB: 11
P 0 BOX 5171 LYNNWOOD WASH. 9803E (20B) 775-4611
ARCHITECTSSEIFErT AND f°011BES
• P L A N N E R S • EN G I ,
N E E R S
925 TACOMA AVENUE SOUTH, TA COMA, WAS DIN GTON 96402 • 206 • 303 - 1 60I
J79047 C('
tl
November 19, 1980 � k ` off
NOV Z
2p 19 8p
City of Renton -.�,.,..
Municipal Building �r
��yy
200 Mill Avenue South \ •�� .c� ,�
Renton, WA 98055 G DEPANk.
Attn: Mr. Roger Terriere
Re: Proposed Short Plat "Sunset Square"
Dear Sir:
Please find enclosed en example of a typical reciprocal easement agreement.
This particular agreement is to facilitate access for a shopping center in
Bellingham. Of course the format can be revised to include access, utilities,
covenants, etc. This type of agreement is quite common and is used widely
throughout the area.
We hope this information is of use to you. Please feel free to call as
questions arise.
Since ly,
Terry Larson, .L.S.
CC: Mr. Richard Kloppenburg
file
TL:gj
SEIFERT ANU fORBES, P. S.
A PROFESSIONAL SERVICE CORPORATION
. i1340 103
RECIPROCAL EASEMENT AGREEMENT 2•11".:GA
{ _THIS Reciprocal Easement Agreement, herein called "REA"is made this
• i
5=day of October, 1979, by and between MT. BAKER MUTUAL SAVINGS
�
BANK, a Washington corporation ("Mt. Baker"), and FIRST CITY INVESTMENTS,
1 INC., a Washington corporation ("F,irst City").
t WITNESSETH:
iWHEREAS, First City has or will purchase from Mt. Faker a portion of
1 certain contiguous real property located in the City of Bellingham, County of
a Whatcom, State of Washington, and
1 WHEREAS, the land owned or to be owned by First City consists of six
1
separate parcels, more particularly described on Exhibit "A", attached hereto,
o,
1
j and hereafter referred to as Parcel I, and
7 :IEREAS, the real property retained or to be retained by Mt. Baker
C consists of fo::r separate parcels, more particularly described in Exhibit "B",
.ti attached hereto, and hereafter referred to as Parcel LI, and
, j WHEREAS, the parties desire that Parcels I and II hereafter shall be
i
subject to certain reciprocal easements, covenants, conditions and restrictions
` j hereafter set forth.
NOW', THEREFORE, the parties hereto for themselves and their
successors a.'d assigns do hereby declare, grant, covenant and agree as follows:
1. "The P rope rt}'"as used herein shall mean all of the real property
i
• described in Exhibits "A" and 'B".
1 Z. The parties hereto hereby grant, each to the other, reciprocal,
•
i nonexclusive casements appurtenant to Parcels 1 and II for ingress and egress
1
c.f motor vehicles and pedestrians, and the parking of motor vehicles on Parcels
1 : I and LI, for the benefit of the parties hereto and their respective tenants,
! employees and invitees.
1 In addition to the foregoing, the parties hereto hereby grant each tot:e
•
•
other, as the need shall arise, appropriate and proper reciprocal nonexclusi•:
j easements appurtenant to Parcels I and II for installation, hook-up, repair an._
1 replacement of storm drains, utilities, sewers and other services necessary _cr
the on:crly development and operation of the property and the buildi:rns to be
1
constractcd on the property. Said easements to be more particularly ?c,:"r,:
and documented as the particular situation shall arise in the future. Pro.'.cec•
C hrwever, upon the completion of construction or installation of such utilities, r_'^e
party causing such construction or installation shall immediately restore the
•
surface of the property to the condition thereof existing prior to the cnmr^er:t ent
or installation sha:i be
of s.:c.r construction or installation, and such construction done with minimum interference to the burdened property.rty. �%J� `,�.
1' -
7
E
{
i
s
. 4, .. P •
No signs, fences or other barriers shall be erected on Parcels I or II t
j which would obstruct the ingress, egress or the free flow of pedestrian and
t
vehicular traffic between Parcels I and II and the buildings to be located thereon.
i 3. Notwithstanding anything contained herein to the contrary, the parties
hereto agree that First City shall have the right to pave, install sidewalks on,
• and/or landscape the westerly sixty feet of Lot 7 (described in Exhibit "B") of
the Property; provided, that if First City has not acquired Lot 7 from Mt. Baker,
•
and if Mt. Baker sells said property to a third party, Mt. Baker shall include in
! the sales price an amount sufficient to reimburse First City for the costs of such
• improvements and shall remit such amount to First City at the time the sale to ggF
the third party closes. i
Mt. Baker agrees not to construct any improvements on Parcel 7 which )j
will restrict, prevent, or otherwise adversely affect First City's right or ability
to construct building improvements or.Parcel I up to and abutting the westerly i
heur.dary of said Lot 7. Mt. Baker further agrees to join with and assist First
City in obtaining any necessary governmental approvals, including but not limited i
-t to a variance, which may be required in connection with such construction of !!
_eild.ng improvements up to and abutting the westerly boundary of Lot 7. Not- t
.sitit.taedinc :he provisions of this paragraph, the parties agree that reasonable t
't
access between Parcels I and II shall be maintained at all times.
' 4. The parties hereto each agree to pay or cause to be paid, prior to }-
delinquency, directly to the appropriate taxing authorities, all real property fjg
taxes and assessments which are levied against their respective parcels. k
All of the Property shall be maintained by and at the expense of the owners
of c•ar.hr pa reel in good condition and repair, said maintenance to include, without r
t
limiting the generality of the foregoing, removing all papers, debris, filth and r
refuse to the extent reasonably necessary to keep the area in a clean and orderly f
• cendttion. i
i. The parties hereto shall each indemnify and save the other harmless f
from any and all liability, damage, expenses, causes of action, suits, clairu.s 4
cr just nients arising from injury to person or property and occurring on the
parcel owned by it, except if caused by the act or neglect of the other party, or i
said other party's agents or employees during the course of their employment. !
b. The easements, restrictions, benefits and obligations hereunder
shall create mutual covenants, benefits and servitudes upon all portions of the O
Property running with the land. This Agreement shall create privity of contract
and estate with and among the parties hereto, their respective heirs, represent- )
arises, successors and assigns. Nothing herein contained shall be deemed to be i
•
a gift or dedication of any portion of the Property to the general public or for any
,,-a
• uurpese whatsoever, it being the intention of the parties hereto that the public F
shall have no rights in or to the Property or in this Agreement. t
i
1
l'
-2- a , i
eta
9 ,
.nl ar:i: v
on A 1,
li
. ' . lb • .
. . . ... . . .
, . • . . .
. . .• .•
. .. ._. _ ... ....._________________,...................,..,,,,..........,.........._ .
7. The provisions of this Agreement may bo abrogated. modified,
rescinded or amended, in whole or in part, only with the consent of all of the
fee owners of the Property by Agreement in writing, executed and acknowledged
, by all of said parties, duly recorded in the county in which the Property is
I located. This Agreement may not otherwise be abrogated, modified, rescinded
1. or amended, in whole or in part.
8. Nothing herein shall be construed to give any fee owner of the
Property any interest in any award or payment made to any other fee owner
in connection with any exercise of the right of eminent domain or transfer in
_ie_ thereof, regardless of whether the right of eminent domain or transfer in
lieu thereof affects said other fee owner's parcel or gives the public or any
1 gavernmcnt any rights in Parcels I or II, it being agreed that in the event of
such exercise of eminent domain or transfer in lieu thereof of any part of the
Property that the award attributable for the taking of any land and improvements
of such portion of the Property shall be payable only to the fee owner thereof and
no claim thereof shall be made by the owners or tenants of any other portion of
_
• `t the Property; provided, however, that all such other fee owners of the Prcperty
may file collateral claims with the condemning authority over and above the value /
.rt of the land area and improvements so taken. It is further agreed that the fee
owner of each portion of the Property so condemned shall promptly repair and
`l
restore the remaining portion of the Property so owned as near as practicable _
to the condition of the same immediately prior to such condemnation or transfer.
Ih WITNESS WHEREOF, the parties hereto have hereby set their hands
1 the day and year first above written.
MT. BASER MUTUAL SA VIINGS BANK
1 1 l Ih _
r FIRST CITY INVESTMENTS, LNC. ,
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CITY OF RENTON -_/
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SHORT PLAT PLAT APPLICATION FILE NO. //e' -' io
MAJOR PLAT OF R A,N. DATE REC' D!�• '�'/1 /��
TENTATIVE R� �P!'�D ®\ APPLICATION FEE $
PRELIMINARY1 ENVIRONMENTAL
NOV 21 :1 REVIEW FEE $
FINAL
RECEIPT NO.
\"7 .... /
SM NO.
N I'G DEV91�� PUD NO.
'',*_,ems
APPLICANT TO COMPLETE ITEMS 1 THROUGH 7 :
1. Plat Name & Location SUNSET SQUARE
N.E. corner of Union and Sunset Highway, Renton, WA
2 . No. Lots 4 Total Acreage 148 , 000 Sq.Ft2oning R-1 & 1:2-3
3 . Owner Richard L. Kloppenburq Phone - 74-7-2144
Address 15404 - N.E. 6th Pl. Bellevue, WA 98007
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
( X ) 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 .
Rep. 1/77
41011
AFFIDAVIT 411,
` 4)r//A 1,-,
(r-
ISD
am the
I, (George Barber) contract purchaser , being duly swo �nj declared t I
am the owner .of .the property involved in this application a d? *—tTVth-e
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 3 day of November I 1980
Notary Public in and for the State of
Washington, residing atAlderwood Manor .
•
2v2.4.!'e-,/1 CYO L'
(Nai{ie of Notary Pu1blic) (Signvure of-Owner)
• J George Barber
3209 171st P1. S.W. P.O. Box 5171 •
(Address) (Address)
Lynnwood, WA 98036
(City) (State)
(206) 775-4611
(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 rules and regulations of the Renton Planning Department
governing the filing of such application .
Date Received , 19 By:
•
Renton Planning Dept .
2-73
Ill (1111
-,- fli:
DECLARATION OF RESTRICTIVE COVENANTS A.
PT/PP 'I'
WHEREAS , the owners of the following real proper y in the Gi y oaf
NOV
Renton, County of King, State of Washington, describ iias . fol ues6'
9 'mow,. )/11That portion of the southwest quarter of the sou • est .quarte'r.
Section 3, Township 23 North , Range 5 East, W.M. , KO/ ing Cpu% ,,y,
Wa, described as follows : Dpj,\R
`
Beginning at the northwest corner of said subdivision; 'tWence north
89-24-22 east along the northerly line there of 372. 37 feet ; thence
south 1-10-21 east 534. 00 feet to the true point of beginning; thence
south 1-10-21 east 498. 16 feet, more or less , to the northerly line
of primary state highway #2 ; thence westerly along said northerly line
to the easterly line of the westerly 30 feet in width of said subdivi-
sion; thence north 1-23-12 west parallel with the westerly line of said
subdivision to a line which is parallel with the northerly line of said
subdivision and which intersects the true point of beginning; thence
north 89-24-22 east parallel with the northerly line of said subdivi-
sion 340 . 37 feet, more or less , to the true point of beginning ; EXCEPT
road.
WHEREAS , the owners of said described property, hereinafter "the pro-
perty, " desire to impose the following restrictive covenents running with
the land as to use, present and future, of the property;
NOW, THEREFORE, the aforesaid owners hereby establish, grant and
impose restrictions and covenants running with the land as to the use of
the land hereinabove described with respect to the use by the undersigned ,
their successors , heirs and assigns , as follows :
EASEMENTS
A. Owner hereby grants an easement to use all of those portions of
the Shopping Center designated as common areas , parking areas and drive-
ways , for the benefit of a new owner , the Lessee , invitees , licensees ,
assigns , subtenants , and patrons in common with all other tenants of the
Shopping Center.
B . Owner hereby grants a non-exclusive easement to use portions of
the Shopping Center as may reasonably be required now or in the future for
the installation, maintenance and repair of sewer, water, gas , electric
and drainage utilities and related facilities . If any of the aforemen-
tioned utilities are supplied, installed or otherwise controlled by the
owner, owner grants the right to use coupled with its easement said utili-
ties and related facilities ; and owner covenants and agrees to maintain
the utility lines in good condition and repair.
C . In the event that other parties acquire fee title to the demised
premises , the easements and right to use the utility lines and related
facilities herein conveyed shall be perpetual.
D. In the event fee title passes from the owner, the purchaser
agrees to grant the identical rights granted as outlined in this agreement .
MAINTENANCE OF PARKING AND COMMON AREAS
Owner shall maintain and repair the entire parking and common areas .
The obligation on the part of owner to maintain said parking and common
areas in good condition and repair shall , without limiting the generality
thereof, include the following:
\ a) Maintainingthe surfaces in a level, smooth and evenlycovered
\condition with the type of surfacing material originally installed or of
similar quality , use and durability;
\j Page One of Two
1 `1
1111/
b) Removing all papers , debris , snow, ice, filth and refuse and
thoroughly sweeping the areas to the extent reasonably necessary to keep
said areas in a neat, clean and orderly condition;
c) Placing , keeping in repair, and replacing any necessary appro-
priate direction signs , markers and lines ; and operating, keeping in re-
pair and replacing when necessary such artificial lighting facilities as
shall be reasonably required;
d) Maintaining any perimeter walls in good condition and state of
repair;
e) Maintaining all landscaped areas , making such replacements of
shrubs and other landscaping as is necessary , and keeping said areas at
all times adequately weeded, fertilized and watered .
ENDINGI .
OF FILE
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