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HomeMy WebLinkAboutLUA84-089_090erriar-C13115437;;Ei on tr 719PP-089-84, SP-090-84 a V-091-84 ktA/ t December 4, 1984 Page 5 Special Permit 4. In order to use the developable portions of the subject site to its fullest extent, filling and grading of the site will be necessary. The site is subject to periodic flooding at its current elevation and additional material to raise the site some 5 to 6 feet will be necessary to permit construction.in conformance with the 100 year flood zone standards. 5.Any grading and filling around the separate stands of significant trees shall be governed by specific standards for the construction and culverting of the tree wells or cribs to retain the natural grade and natural water level. 6.Hydroseeding of the site shall be coupled with grading, cutting and filling of the site. 7.The subject site is located in a remote corner of the City with access through commercial, retail and industrial areas with large traffic volumes, and as such access should be limited to non-peak hours. The hauling will therefore, be limited to the hours of 9am to 3 pm Monday through Friday. 8.These limitations will enable the City to inspect the site operations, to maintain the haul route, and to check to see that streets remain free of debris. 9.In order to maintain streets along the route, a revolving bond in the amount of 5,000 cash shall be required. The city may draw on the bond to clean the streets if the applicant or applicant's agents fail to do so. 10. The concentration of heavy trucks and the great number of trips necessary may accelerate the wear and tear on the road system serving the subject site. A bond of $25,000 should be posted to permit the City to repair damage inflicted by the proposed operation. In all matters regarding the haul route, the City through its designated officials may change the hours and operation as is reasonably necessary to maintain safe routes and corridors. 11. The detailed standards contained in the applicant's application pertaining to grade, fill, slopes, hydroseeding, etc. shall govern the project to the extent they are not contrary. to this decision or the ordinances and regulations of the City. 12. As indicated above, the City does not appear to have any inherent power to control or regulate in the matter of where the fill material is derived from. The material must meet certain requirements as to suitability in such matters as texture, coarseness, erosive nature and chemical content and structural and bearing components. Other than that, the applicant would appear to be free to chose the source. Hopefully the matter can be suitably concluded so that the state and its taxpayers will not suffer economic or environmental harm as determined by the federal government. Variance 13. The proposed cul-de-sac will be 8 feet wider than required by ordinance, 44 instead of 36 feet. In addition the applicant has provided a secondary emergency drive or road running along the southern boundary of the southerly tier of lots. While not a public road, the private drive will effectively make only the westerly 500 feet of the public road a true cul-de-sac. 14. The subject site is relatively isolated from other portions of the City. Steep slopes and the railroad- separate the site from any access to the north and east. While the P-1 channel and greenbelt preserve act to separate the subject site along its westerly and a large portion of its southerly boundary. This unique location and the unique environment, the last remnant of riparian forest, coupled together would unduly restrict the applicant's ability to use the subject site if a variance were not approved. 15. The location alone makes the subject site rather unique and therefore, approval of the variance will not grant the applicant a special privilege not afforded others similarly situated. The juxtaposition of the environmentally unique riparian forest also sets the subject site apart from other properties. N 1Ms AVE. 5.14.2 LL. A S•l l. b1 F FTC'-APB Z SWELL A . N- -Eg.I O iZ Z Ot 4 4E AVM. 1. JR7j4 .L .1U-• W• FR.E E Z ." DESIGN GUIDELINES & CC&R's BLACKRIVER TECHNOLOGY RARE Renton, Washington RIYP 0 \:? J.A.G. / Renton Properties Associates, Developer Richard Carothers Associates, Planning Consultant July, 1984 r Purpose The development of each site within Blackriver Technology Park is controlled and restricted by the Declaration of Covenants, Conditions and Restrictions for Blackriver Technology Park (hereinafter referred to as the "CC&R' s") , as well as applicable governmental codes and regulations. The CC&R's are directed toward achieving the desired character and quality level of site development that will set Blackriver Technology Park apart from other business developments. The purpose of these Development Guidelines is to further define the requirements which are specifically and generally stated in the CC&R's. These Guidelines are intended in supplemented to the CC&R's as an aid in the submittal of plans for approval by providing more detailed information on which to base a review. Any specific conflicts between shall be brought to the immediate attention of J.A.G./Renton Properties Associates. In general , however the priority of com- pliance is first; with governmental codes and regulations , second; with the CC&R's and third; with the Design Guidelines. The Owners/Occupants of each site within Blackriver Technology Park should familiarize themselves with the intent and requirements of the CC&R's these Guidelines and all applicable governmental codes and regulations, and through their consultant(s), implement all those provisions applicable to their specific site developments. All development plans, landscaping plans and graphic designs, shall be submitted to a Design Review Committee as described in the CC&R's. r , ct Contents Purpose 1.0 Introduction to Blackriver Technology Park 1. 1 Location 1.2 Immediate Setting 1.3 Master Plan and Streetscape 1.4 Planning and Zoning 1.5 Flood Plain Restrictions 1.6 Engineering and Utilities 1.7 Permitted and Prohibited Uses 2.0 Approvals and Submittals 2.1 Master Plan Design Submittal 2.2 Preliminary Plan Submittal 2.3 Revision, Alteration, Addition or Change of Use Preliminary Plan Submittal 2.4 Institutional Review Process 3.0 Site Planning Guidelines 3.1 Building Site Coverage 3.2 Landscape Coverage 3.3 Building Heights 3.4 Stria: Setback 3.5 Interior Property Line Setback 3.6 Parking Requirements 3.7 Access and Drive Location 3.8 Sidewalks 3. 9 Stc-_ge, Service, and Loading Areas 3. 10 Refuse Collection Areas 3.11 Screening of Exterior Mechanical Equipment 3.12 Screening of Exterior Electrical Equipment 3.13 Fences and Walls • 3.14 Utilities 3.15 Grading 3.16 Nuisances 4.0 Architectural Guidelines 5.0 Landscape Guidelines 5.1 Introduction to the Blackriver Technology Park Landscape Concept 5.1.1 Streetscape Zone 5.1.2 Streetscape Zone Design Concept 5. 1.3 Interior Zone 5.1.4 Interior Zone Design Concept 5. 1.5 Grantor Provided Amenities 5.1.5a Exceptions 5.1.5b Entry Feature 5.1.5c The Commons 5. 1 . E Other Requirements 5.2 Landscape Design Guidelines 5.2. 1 Assessment District Installation and Maintenance Agreement 5.2.2 Maintenance of Unimproved Sites 5.2.3 Landscape Coverage 5.2.4 Street Frontage Zone Design Guidelines 5.2.4a Specific Design Limitation within the Street Frontage Zone 5.2.5 Parking Lot Landscape Requirements 5.2.5a Tree Planting Requirements 5.2.5b Parking and Pedestrian Circulation 5.2.5c Parking Lot Plant Material List 5.2.6 Vehicular Access Drive Design Guidelines 5.2.6a Location Criteria 5.2.6b Limited Use Area at Primary and Secondary Access Drive 5.2.7 Guidelines for Interior Property Lines and Landscape Areas 5.2.7a Side and Rear Yard Requirements 5.2.7b Side and Rear Yard Landscape Requirements 5.2.7c Plant Material List-Interior Property Lines 5.2.7d Planting and Irrigation Details & Specifications 5.2.E Guidelines for Exterior Property Lines 5.2.9 Guidelines for Tree Preservation Outside the ' Preserve' Zones 6.0 Signing Guidelines 6. 1 Objectives 6.2 Sigr. Submittals 6.3 Detached Business Identification Stamps 6.4 Building Mounted Business or Building Identification Signs 6.5 Information and Vehicular Control Signs 6.6 Temporary Signs 7.0 Lighting Guidelines 7.1 Objectives 7.2 Lighting Quality 7.3 Parking, Access and Circulation Areas 7.4 Service Areas 7.5 Building Illuminations 7.6 Pedestrian Areas 8.0 Appendix Contact and Reference List Planning and Design References Declaration of Covenants, Conditions and Restrictions 4 t 1 .0 Introduction to Blackriver Technology Park Blackriver Technology Park is to become a unique business community distinguished from other Se::le Area business parks. The distinction of Blackriver Technology Park begins win its concept as a series of small business sites situated in a controlled, uri`ied landscape setting. This conception will be furthered through an emphasis on quality contemporary site, architectural and landscape design. 1. 1 LOCATION Blackriver Technology Park is centrally situated southeast of downtown Renton and due north of I-405, contiguous to and immediately north of Washington Technical Center. Access via I-405 and arterials now serving Earlington Park Industrial Area. 1.2 IMMEDIATE SETTING Blackriver Tec-nology Park is bordered on the north by the Burlington Northern Railroad right-of-way, on the south by Washington Technical Center and P-I Channel detention basi- . Preserve areas and City of Renton buffer zones provide a wooded backdrop conducive to the development of a pleasant business environment. 1.3 MASTER PLAN AND STREETSCAPE The Blackriver _echnology Park Plan is organized around a broad, two lane, central cul-de-sac serving most of the sites within Blackriver Technology Park. This central collector is Southwest 4th Place. Southwest 4th Place, will have a controlled lancscaped easement along both sides which will establish a unified, park-like environment, distinctive among business parks in the Pacific Northwest. Intersections reading into the Park will be highlighted by landscape and graphic design features to establish these locations as gateways to the Park. Recreational opportunites will be available in the form of walking and jogging paths integrated with landscape parkways and providing access into undeveloped buffer and preserve areas. 1.4 PLANNING AND ZONING Blackriver Technology Park is located within the jurisdiction of the City of Renton Department of Planning, Public Works, Engineering and Parks. 1.5 FLOOD PLAIN RESTRICTIONS Blackriver Technology Park lies within the 100 year floodplain of the Black River. Site planning, grading and drainage design constraints, will be placed upon all developments. All development within Blackriver Technology Park must conform to grading and drainage restrictions contained in the Blackriver Technology Park Design Guidelires as well as on-site planning, grading and drainage guidelines administered b; the City of Renton. 1 1.6 ENGINEERING AND UTILITIES Assessment district landscaping, street improvements, and underground utilities including domestic water, fire service systems, storm drainage, sanitary sewer, and street lighting, telephone, electrial and natural gas mains have been install- ed by J.A.G./Renton Properties Associates. The improvement designs were prepared by Richard Carothers Associates, Seattle. 1.7 PERMITTED AND PROHIBITED USES In order to achieve the objective of Blackriver Technology Park as a high quality business environment the CC&R's identify uses that are permitted and prohibited within City of Renton. The following, outlines the objectives related to permit- ted and prohibited uses within Blackriver Technology Park and restates those uses contained in the CC&R's. Objectives 1. to permit business uses whose facility developments and maintenance will contribute to the perception of Blackriver Technology Park as a series of high quality business sites. 2. to permit business uses which do not, through their operation, produce objectional visual , sound, smell , or vibrational outputs 3. to permit business uses which are compatible with one another and compatible with existing or planned uses surrounding Blackriver Technology Park 4. to permit business uses which will not create excessive burdens upon Black- river Technology Park transportation and utility systems Guidelines 1. Prohibitec Uses - The following operations and uses shall not be permitted on any parcel within Blackriver Technology Park: a) Residential use of any type; b) Trailer courts or recreation vehicle campgrounds; c) Junk yards or recycling facilities; d) Drilling and removing oil , gas or other hydrocarbon substances, or drilling for or removing such hydrocarbons; e) Refining of petroleum or of its products; f) Petroleum storage yards ; g) Commercial excavation of building or construction materials; provided, that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved construction pursuant to Article III of CC&R's; h) Distillat'.on of bones; i ) Dumping, disposal , incineration or reduction of garbage, sewage, offal , dead animals or other refuse; j) Fat rendering; k) Stockyard or slaughter of animals; 1 ) Smelting of iron, tin, zinc or any other ore or ores; . m) Cemeteries ; n) Jail or honor farms; o) Labor or migrant worker camps; p) Truck terminals; q) Automobile, go-cart, motorcycle or quarter-midget race tracks and other vehicle endurance or race track; 2. Permitted Uses - Any use or business operation permitted by the current City of Renton Zoning Ordinance that is not specifically prohibited above, provided such use is specifically approved in writing by J.A.G./Renton Properties Associ- ates. J.A.G/Renton Properties Associates , however, reserves the right to refuse any use which -ney conclude may adversely affect Blackriver Technology Pa-k. An approved use stall be performed or carried out entirely within a building that is so designed anc constructed that the enclosed operations and uses do not cause or produce a nuisance to adjacent lots or streets such as, but not limited to, vibration, sound, electromechanical disturbances, radiation, air or water pol- lution, dust, or emission of odorous, toxic or non-toxic matter including steam. Certain activities which cannot be carried on within building may be permitted, provided such activities are specifically approved in writing by J.A.G./Renton Properties Associates and further provided such activities are screened in an acceptable manner so as not to be visible from neighboring lots and streets. S 2.0 Approvals and Submittals In order to insure that the design standards for Blackriver Technology Park contained in these guidelines are achieved, a series of plan submissions will be required at different stages of the design process. The number of plan submis- sions will vary depending upon the complexity and timing of a proposed develop- ment. Plan submissions will also be required for significant revisions , altera- tions, additions , or change of use for approved or existing developments within Blackriver Technology Park. Required plan submissions shall be submitted to the Blackriver Technology Park Design Review Committee, J.A.G./Renton Properties Associates care of Alterra Corporation, General Partner. Each stage of plan submission will require four (4) sets of plans containing the specific information described below. A Design Review Committee will be established by J.A.G./Renton Properties Associ- ates to review all required plan submissions. All submitted plans will be reviewed by the Blackriver Technology Park Design Review Committee for acceptability of design in compliance with the CC&R's and these Design Guidelines. Upon completion of review by the Design Review Committee, one set of submitted plans will be returned to the applicant along with a letter summarizing comments , recommenda- tions, require-ents and findings. The length of review by the Blackriver Techno- logy Park Design Review Committee for all stages of plan submissions shall be governed by Section 5 of the Blackriver Technology Park CC&R's. The returned plans will be marked "Approved" or "Approved Subject to Conditions" or "Not Approved" with the following intended meanings: 1. "Approvec - approved documents permit the applicant to proceed to the next stage of tne approval process. 2. "Approved Subject to Conditions" - documents so marked permit the applicant to proceed to the next stage of the approval process provided the applicant complies r,=th the conditions specified by the Design Review Committee. If the applicant takes exception to the specified conditions , the applicant must do so in writing by certified mail addressed to J.A.G./Renton Properties Associates within ten (10) days from the date of the applicant's receipt of returned documents. Unless such action is taken, J.A.G./Renton Properties Associates will assume that all conditions are acceptable to and approved by the applicant. 3. "Not Approved" - documents will be returned to the applicant with comments describing the basis for disapproval . Revised documents must be resubmitted if approval is sought. 4. J.A.G./Renton Properties Associates' approval of the applicant's plans, specifications, calculations, or work shall not constitute an implication, representation, or certification by J.A.G./Renton Properties Associates that the above items are in compliance with applicable Statues, Codes, Ordinances or other regulations. The Blackriver Technology Park Design Guidelines are in no way intended to super- sede any applicable Statutes , Codes , Ordinances or regulations of controlling governmental jurisdictions. Should any portions of the Blackriver Technology Park CC&R's or Design Guidelines be discovered to encourage violation of applicable Statutes, Codes, Ordinances or other governmental regulations, those discrepancies should be brought to the immediate attention of J.A.G./Renton Properties Associ- ates. The applicant shall have the sole responsibility for compliance with all appli- cable Statutes, Codes, Ordinances or other regulations for all work performed on the premises by or on behalf of the applicant. 2.1 BLACKRIUER TECHNOLOGY PARK MASTER PLAN DESIGN SUBMITTAL Submission of a site Master Plan will be required only when the ultimate site development is planned to be constructed in separate phases over a period of time. The site Master Plan is to be submitted and approved before Preliminary Plans are submitted. Master Plan submissions shall show an indication of: 1. All major buildings and structures including: a. building footprints b. overhangs c. net floor area d. site coverage - building-ground contact area/net lot area e. builcing coverage - area of all floors/net lot area f. a brief description of the use of each building or structure including an estimate of the number of employees 2. Parking Area a. configuration of parking and vehicular circulation including employee and guest parking b. dimensions of typical parking stalls and parking aisles c. total parking provided d. calculation demonstrating total parking required 3. Loading and Service Areas a. truck service and loading dock areas b. truck and service vehicle circulation areas c. trash enclosure areas d. location of screening devices for truck and service areas 4. Landscape and Pedestrian circulation concept including any major site design features 5. Interfaces with off-site circulation including the location and design of all access drive curb cuts 6. Interfaces with adjacent properties 7. Conceptual grading, drainage and utilities 8. Descriptions or sketches of the architectural design concept including intended character and materials 9. Phasing Plans - plans indicating the phasing of the ultimate Master Plan development illustrating the extent of development at the completion of each phase While the above information is required for all Master Plan submissions, it would be desirable for applicants to utilize all available presentation materials and media in order to fully communicate the intent and design character to the Design Review Committee. 2.2 BLACKRIVER TECHNOLOGY PARK PRELIMINARY PLAN SUBMITTAL The Preliminary Plan submission is required to convey specific information about the site planning and architecture of the proposed development. The Preliminary Plan package should be submitted to the Design Review Committee prior to or concurrent with submission of plans to the City of Renton for Site Development Review, Prelir..'.nary Plans are to be submitted and approved before construction documents are submitted. The Preliminary Plan submission requires each of the following exhibits: 1. Site Plar indicating the following: a. builcing footprints and dimensions to property lines b. building roof overhangs c. configuration of parking and vehicular circulation areas d. loca-ion of parking lot electrollers e. tru: . service, loading area , trash enclosures f. lines of setback and easements g. locations of on-site transformers, electrical switch gear, and gas meters h. adjacent roadways including curblines, medians and median openings i. tabulation of: I. Parcel Area II. Total Building Floor Area III. Site Coverage IV. Building Coverage V. Total Parking Provided VI. Total Parking Required VII. Estimated total employees on site at any peak time VIII The anticipated number of shifts and the hours and days of their operation 2. Conceptual Grading and Drainage Plan indicating: a. proposed finish grades , slopes and building pad elevations b. site drainage structures and systems c. grades of existing streets and curbs d. locations of street lighting and utility structures within landscape easement 3. Conceptual Landscape Plan indicating.: a. plant materials , sizes , and spacings b. walkways and paved areas c. other landscape design features 4. Building Elevations of all sides of all proposed buildings indicating: a. wall and roof materials, textures, and colors b. locations of wall mounted signing and lighting c. roof and parapet heights above ground floor line d. the profile of any roof mounted mechanical equipment which extends above the roof parapet 5. Building Floor Plans 6. Building Roof Plans indicating: a. roof elevations above finish floor b. heights and locations of roof mounted mechanical equipment where available 7. Outline Specifications of all building materials 8. Conceptual Graphics and Wall Mounted Signs a. ground signs and wall mounted signs I. locations II . designs , materials , textures , colors , heights , areas III . Illumination IV. typography b. directional and information signs I. locations II. designs, materials, textures, colors, heights, areas III. illumination IV. typography 2.3 BLACKRIVER TECHNOLOGY PARK REVISION, ALTERATION, ADDITION OR CHANGE OF USE PRELIMINARY PLAN SUBMITTAL Preliminary plans are required to be submitted for any significant revisions, alterations, additions or change of use to approved or existing developments within Blackriver Technology Park. Preliminary plans for this purpose must be submitted and approved before construction documents are submitted and before the commencement of construction. Revision, Alterations, Additions or Change of Use require the submission of four 4) sets of documents including: 1. A written description of the nature and extent of the proposed revision, alteration, addition or change of use to be undertaken. 2. Indicatiors of proposed revisions, alterations , additions or changes to: a. the site plan b. the grading and drainage plan c. the landscape plan d. the building elevations including I. wall and roof materials, textures and colors II. locations of wall mounted signing and lighting III . roof and parapet heights above the ground floor line IV. the profile of any roof mounted mechanical equipment which extends above the roof parapet e. the building floor plans 3. Tabulations of: a. the new total building floor area b. the new site coverage c. the new building coverage d. the new parking provided e. calcurations demonstrating the new required parking f. the new estimated peak employee count 4. Outline specifications of construction materials. 2.4 INSTITUTIO'.AL REVIEW PROCESS In the course c= designing proposed developments for lots within Blackriver Technology Park additional reviews and approvals will be required beyond the , Blackriver Tec--ology Park Design Review Process. The following summary of Blackriver Tecr-ology Park and other review and approval processes is included to assist individual applicants in understanding the approximate nature and sequence of those reviews. An understanding of the total review process from the outset, it is hoped, will contribute to smoother and more efficient processing of each proposed development. 1. The design process should begin with a review of the Blackriver Technology Park, CC&R' s and Design Guidelines, the City of Renton Guidelines, and the applicable sections of the current City of Renton Zoning Ordinance. Copies of the City of Renton applications and submission requirements should also be . obtained at this time. 2. Prior to commencement of design, a licensed civil engineer should be consult- ed as to grading and drainage restrictions in the City of Renton. 3. Master plan should be submitted to and approved by the Blackriver Technology Park Design Review Committee. 4. Applicants should review master plans with the City of Renton Planning Department and staff, for comments. This is not a required review but it may help to avoid problems and duplication of work. 5. Master plans should be reviewed by a licensed civil engineer for compliance with City of Renton grading and drainage restrictions. 6. Preliminary plan should be submitted to and approved by the Blackriver Technology Park Design Review Committee. 7. Preliminary plans should be reviewed by a licensed civil engineer for compliance with City of Renton grading and drainage restrictions. 8. Preliminary plans should be reviewed with the City of Renton planning and public works staff several weeks prior to the intended submission for Site Development Review. 9. Submit plans to the City of Renton for Site Plan Approval . 10. Submit plar.s for building department plan check. 3.0 Site Planning Guidelines 3. 1 BUILDING SITE COVERAGE Objectives 1. to insure that the intensity of site development is not excessive or detri- mental to the perception of Blackriver Technology Park as a unified series of high quality business sites 2. to insure that the intensity of site development does not over-tax utility or transportation systems Guidelines 1. Site coverage (defined as the building-ground contact area divided by the total net lot area) shall not exceed 50% or the amount specified in the current City of Renton Zoning Ordinance (whichever is the more restrictive. 2. Building coverage (defined as the total area of all floors divided by the total net lot area) shall not exceed 60% unless otherwise approved in writing by J.A.G./Renton Properties Associates. 3.2 LANDSCAPE COVERAGE Objectives 1 . to insure that at least a minimum portion of a development site is devoted to landscape -:aterials in order to maintain a sense of continuity with adjacent sites and to contribute to the perception of Blackriver Technology Park as a park-like" environment. 2. to insure that at least a minimum of landscape materials are available on a development site in order to contribute to the environmental well being of potential users of each site. Guidelines 1. A minimum of at least 15% of the area within the. property lines of a develop- ment site (exclusive of the Landscape Easement Transition Zone) shall be devoted to landscape materials unless otherwise approved in writing by J.A.G./Renton Properties Associates (for additional landscape requirements see Landscape Guidelines Section 5.0) 3.3 BUILDING HEIGHTS Objectives 1. to maintain a reasonably consistent and compatible height profile throughout Blackriver Technology Park Guidelines 1. Building heights shall conform to City of Renton Building Regulations 4-730.060. 3.4 STREET SETBACK Objectives 1. to achieve a feeling of openness along the streets that reinforces the perception of Blackriver Technology Park as a series of high quality business sites 2. to encourage some regularity of space formed by buildings on either side of a street 3. to achieve a landscaped setting between the street and buildings 4. to provide for a street-side edge which will have a landscape character that will unify the total development and be sufficiently distinctive in design to differentiate Blackriver Technology Park from other business developments 5. to provide vehicular sight lines which allow discrimination of one company from another 6. to provide vehicular sight lines which allow safe ingress and egress to properties and safe movements along roadways 7. to accommodate major Blackriver Technology Park identity statements at street intersections leading into, and within the Park Guidelines 1 . No building or parking shall be permitted to be constructed closer than thirty-five (35) feet from the property line along Southwest 4th Street. Planters, walls, sign elements not exceeding 3'-0" in height may be permitted in street-side setback areas with written approval of J.A.G./Renton Propert- ies Asscc4=tes. Roof overhanes may extend a maximum of 6'-0" into setback areas. 2. The first 8 to 19 feet of street-side landscaping (from back of curb) including sidewalk,will be installed by J.A.G./Renton Properties Assoicates as a landscape easement, and shall remain unaltered, except for access drives , unless alterations are approved in writing by J.A.G./Renton Proper- ties Assc: ates. 3. The remaining setback area shall be fully landscaped by the Owner/Occupant in a manner both compatible with and complimentary to the landscape easements, refer to Landscape Guidelines). 3.5 INTERIOR PROPERTY LINE SETBACK Objectives 1. to provide a definite physical separation between buildings on adjoining lots suitable for distinguishing separation of responsibilities 2. to allow companies on adjoining lots to be individually identifiable Guidelines 1. No building shall be permitted to be constructed closer than ten (10) feet from an interior property line. 2. No parking , other than automobile overhangs, shall be permitted to be con- structed closer than five (5) feet from an interior property line, unless otherwise approved in writing by J.A.G./Renton Properties Associates. 3. All setback areas shall be fully landscaped in a manner both compatible with and complimentary to the on-site architecture and landscape design concepts. 3.6 PARKING REQUIREMENTS Objectives 1. to provide sufficient on-site parking to accommodate all vehicles associated with the use of each lot at any one time, and therefore not require vehicles to be parked on public roadways or on lots of other companies 2. to configure parking areas such that they contribute to an increase of the ratio of on-site persons to on-site vehicles Guidelines 1. On-site parking shall be provided in a ratio of one space per 250 square feet or less of net building area unless otherwise approved by J.A.G./Renton Properties Associates. 2. Standard parking stalls shall be a minimum of 9 feet by 19 feet with a 2Z foot reduction permitted for vehicle front overhangs. 3. Compact parking stalls shall not exceed forty (40) percent of the total parking and shall be a minimum of 8i feet by 17 feet with a 2 foot reduction permitted for vehicle front overhangs. 4. In addition to the parking required above, one designated parking space shall be provicaf for each company vehicle to be parked on-site during nc--a; working hours. Parking spaces for company vehicles shall be of a size, area and configuration that the company vehicles can be parked such that they are fully contained within their designated spaces. 5. Designated "Handicap Parking" spaces, 12 feet in width, shall be provided at a ratio c= one stall per 50 parking stalls. Such parking spaces shall be give preferential locations near building entrances which provide full and convenient handicap access. 6. Should businesses locating on a Blackriver Technology Park development site wish to encourage the formation of car pools by their employees, considera- tion should be given to designating reserved "Car Pool" parking spaces. Designated "Car Pool" spaces should be given preferential locations in relatively close proximity to primary employee building entrances. 7. Designated "Cycle Parking" areas should be considered for the convenience of employees using bicycles or motorcycles. In order to avoid the clutter of cycles parked in unplanned locations, it is recommended that planned "Cycle Parking" areas be conveniently located to employee entrances and be provided with racks having security locking capabilities. 3.7 ACCESS AND DRIVE LOCATION Objectives 1. to have access drives located such that vehicular traffic arriving at and leaving from lots, as well as traffic passing continuously in streets, flow at an optimum level of efficiency 2. that the continuity of street-side landscaping is minimally disrupted by the construction of access drives 3. that utilities located in the landscape easement are not or are minimally disrupted by the construction of access drives Guidelines 1. Access drives on Southwest 4th Place should be aligned with regularly spaced median breaks and low points in Landscape Easement earth mounding. Curb openings aligned with regularly spaced median breaks will be permitted only if the opposite side of the street has no planned curb openings. All curb openings not aligned with regularly spaced median breaks shall be designed for "right-turn-only" ingress and egress. 2. Access drives on Southwest 4th Place should be coordinated with planned and existing median openings and where median openings are not available, designed for efficient "right-turn-only" ingress and egress. 3. Access drives should be coordinated with adjacent lots so as not to impede the efficient flow of peak period traffic. Consideration should be given to adequate separation of adjacent access drives or the development of common access drives. 4. Access drive designs should incorporate provisions for efficient vehicle stacking during peak periods of use. 5. Access drives should be located such that their construction results in a minimal disruption of the street side landscaping and utilities located within the designated landscape easement. 6. No access drives will be permitted directly off of at any point east of its intersection with 3.8 SIDEWALKS Objectives 1. to provice a safe (separated from vehicles all weather efficient and aesthet- ically pleasing means of pedestrian circulation connecting lots along the streetside perimeter 2. to provide a safe (separated from vehicles), all weather efficient and aesthetically pleasing means of pedestrian circulation serving each site, including connecting parking areas with building entries, connecting build- ings to one another, and connecting building entries with on-site amenities Guidelines 1. Streetside sidewalks will be installed by the developer within perimeter landscape easements. 2. On-site pedestrian circulation systems shall be provided to meet the circul- ation needs of on-site users. Such systems should provide safe, all weather efficient, and aesthetically. pleasing means of on-site movement and should be an integrated part of the overall architectural and site design concept. 3. Where usage dictates, connections should be made between on-site and perime- ter pedestrian circulation systems. 3.9 STORAGE, SERVICE, AND LOADING AREAS Objectives 1. to insure that storage, service and loading areas are not visible from primary visual exposure areas (streets, primary image entry drives, floors of image buildings, common visual and recreational amenity areas, etc. ) 2. to insure that storage, service and loading areas are located upon a site so as to minimize the visibility of loading and service vehicles from primary visual exposure areas 3. to insure that the storage, service and loading areas are designed and located on the site ,so that service vehicle activities and movements do not disrupt the efficient flowof on-site and off-site traffic Guidelines 1. Storage, service; maintenance and loading areas must be constructed, main- tained and used in accordance with the following conditions: a. Unless approved in writing by J.A.G./Renton Properties Associates, no materials, supplies , or equipment, including trucks or other motor vehicles, shall be stored upon a site except inside a closed building or behind a visual barrier screening such materials, supplies or vehicles from adjacent sites so as not to be visible from neighboring properties and streets. Any storage areas screened by visual barriers shall be located upon the rear portions of a site, unless otherwise approved in writing by J.A.G./Renton Properties Associates. No storage areas may extend into a setback area except with the written approval of J.A.G./Renton Properties Associates. b. Provisions shall be made on each site for any necessary vehicle loading and ro on-street vehicle loading shall be permitted. c. Loac'ng dock areas shall be set back, recessed or screened so as not to be visible from adjacent lots, or sites, neighboring properties , or streets, and in no event shall a loading dock be closer than seventy- five (75) feet from a property line fronting upon a street unless otherwise approved in writing from J.A.G./Renton Properties Associates. 3.10 REFUSE COLLECTION AREAS Objectives 1. to insure that refuse and refuse containers are not visible from primary visual exposure areas (streets, primary image entry drives, floors of image buildings, common visual and recreational amenity areas, etc.) 2. to insure that refuse enclosures are effectively designed to receive and contain generated refuse until collected, and enclose refuse containers after refuse is collected 3. to insure that refuse collection vehicles have clear and convenient access to refuse collection areas and thereby not contribute to excessive wear-and-tear to on-site and off-site developments Guidelines 1. All outdoor refuse containers shall be visually screened within a durable 6'-o" or higher non-combustible enclosure, so as not to be visible from adjacent lots or sites, neighboring properties or streets. No refuse collec- tion areas shall be permitted between a street and the front of a building. 2. Refuse collection areas should be effectively designed to contain all refuse generated on-site and deposited between collections. Deposited refuse should not be visible from outside the refuse enclosure. 3. Refuse collection enclosures should be designed of durable materials with finishes and colors which are unified and harmonious with the overall archi- tectural theme. 4. Refuse collection areas should be so located upon the lot as to provide clear and convenient access to refuse collection vehicles and thereby minimize wear-and-tear to on-site and off-site developments. 5. Refuse collection areas should be designed and located on the lot so as to be convenient for the deposition of refuse generated on-site. 3.11 SCREENING OF EXTERIOR MECHANICAL EQUIPMENT Objectives 1. to have all exterior components of plumbing, processing, heating, cooling and ventilating systems not be directly visible from within the lot or from adjoinine streets , lots or buildings . Guidelines 1. Exterior components of plumbing, processing, heating, cooling, and ventila- ting systems (including but not limited to piping, tanks, stacks , collectors , heating, cooling , and ventilating equipment fans, blowers , ductwork, vents, louvers , meters , compressors, motors, incinerators, ovens, etc. ) , shall not be directly visible from a height of 5 '-0" above any ground or ground floor elevation at a distance closer than 200 feet from the closest building wall on any lot, unless such components are an integral part of the building exterior design concept and approved in writing by J.A.G./Renton Properties Associates. 2. It is recommended that in the case of roof mounted mechanical equipment, that building parapets be of such a height that roof mounted screening devices not be required. If building parapets do not provide the required screening, mechanical equipment shall be screened by an unobtrusive screening device that will appear as an integrated part of the overall architectural design. 3. Any devices employed to screen exterior components of plumbing, processing, heating, cooling, and ventilating systems from direct view shall appear as an integrated park of the architectural design, and as such, be constructed of complimentary and durable materials and finished in a complimentary texture and color scheme to the overall architectural design. 4. Any exterior components of plumbing, processing, heating, cooling and ventilating systems and their screening devices, that will be visible from upper floors of adjacent buildings shall be kept to a visible minimum, shall be installed in a neat and compact fashion, and shall be painted such a color as to allow their blending with their visual background. 5. No exterior components of plumbing, processing, heating, cooling, and ventil - ating s_stems shall be mounted on any building wall unless they are an integrated architectural design feature, and in any case shall be permitted only with the written approval of J.A.G./Renton Properties Associates. 3.12 SCREENING OF EXTERIOR ELECTRICAL EQUIPMENT AND TRANSFORMERS Objectives 1. to minimize the visibility of exterior electrical equipment and transformers from primary visual exposure areas (streets, primary image entry drives , floors of image buildings, and common visual and recreational amenity areas, etc. ) Guidelines 1. Transformers that may be visible from any primary visual exposure area shall be screened with either planting or a durable non-combustible enclosure (of a design configuration acceptable to Puget Sound Power and Light). Where possible, it is recommended that refuse containers and transformers be integrated into the same enclosure. 2. Transformer enclosures should be designed of durable materials with finishes and co- ors which are unified and harmonious with the overall architectural theme. 3. Exterior mounted electrical equipment shall be mounted on the interior of a building wherever possible. When interior mounting is not practical , elect- rical equipment shall be mounted in a location where it is substantially screened from public view. In no case shall exterior electrical equipment be mountec on the street-side or primary exposure side of any building. 4. Exterior mounted electrical equipment and conduits shall be kept to a visible minimum, where visible shall be installed in a neat and orderly fashion, and shall be painted to blend with its mounting background. 3.13 FENCES AND WALLS Objectives 1. to permit the installation of fences and walls within a lot for the purpose of site security, sound attenuation, separation of functional activities, and screening of unsightly functions and activities 2. to have fences and walls installed such that they are as inconspicuous as possible or designed as .an integrated and complimentary architectural design element adding interest to the overall architectural design concept 3. to have no walls or fences reduce the intended quality of development or reduce the perception of Blackriver Technology Park as a series of high quality business sites 4. to discourage the construction of walls and fences except as necessary to screen outside storage, loading and service areas 5. to insure that fences and walls do not, because of their height, location, or design, contribute to a decrease in the safety or efficiency of traffic flows on-site or in fronting streets Guidelines 1. No fence or wall shall be constructed closer than thirty (30) feet from the curbline of a fronting street unless it is of a height not to exceed 3'-0". 2. No fence or wall shall exceed a height of 8'-0" unless otherwise approved in writing by J.A.G./Renton Properties Associates. 3. Walls and fences between buildings and fronting streets are discouraged, but when necessary shall require written approval by J.A.G./Renton Properties Associates. 4. All fences and walls shall be designed as an integrated part of the overall architectural and site design. All materials shall be durable and finished in textures and colors complimentary of the overall architectural design. 5. Where chain link fencing is to be employed, it shall be of a dark color and be largely hidden behind plant materials and or earth mounding. 3.14 UTILITIES AND COMMUNICATION DEVICES Objectives 1. to have the entire Blackriver Technology Park visually free of unsightly overhead power and telephone lines, utility poles, and other utility and communication equipment and components 2. to protect off-site utility systems from becoming over-burdened by individual lot utility systems 3. to achieve minimum disruption of off-site utilities, paving and landscape during construction and maintenance of on-site utility systems Guidelines 1. All exterior on-site utilities including, but not limited to, drainage systems, sewers, gas lines, water lines, and electrical , telephone, and communications wires and equipment shall be installed and maintained under- ground. 2. On-site underground utilities shall be designed and installed to minimize the disruption of off-site utilities, paving and landscape during construction and maintenance and shall be of such a design so as not to place excessive burdens upon off-site utility systems during the course of use. 3. No antenna or device for transmission or reception of any signals, including, but not limited to, telephone, television, and radio, shall be placed on any lot so that it is visible from 5'-0" above the ground or ground floor level at a distance of 500 feet in any direction, unless specific written approval is granted by J.A.G./Renton Properties Associates. 4. Temporary overhead power and telephone facilities are permitted during construction. 3.15 GRADING Objectives 1. to encourage site design which protects buildings and business activities from damage or disruption that might otherwise occur during extreme storm conditions . 2. to encourage site design which protects buildings and business activities from damage or disruption during extreme storm conditions 3. to allow precipitation falling on site and surface water flowing from ad- jacent sites to be effectively absorbed or to drain off the site without causing excessive water concentrations on adjacent sites or streets 4. to have site grading compliment and reinforce the overall architectural and landscape design character Guidelines 1. All building first floor elevations shall be approximately one and one-half feet (1f) to two and one-half (2z) feet above the flow line of adjacent streets (specific pad elevations and on-site drainage plans should be estab- lished by the project consultant) . 2. Site grading design should compliment and reinforce the architectural and landscape design character by helping to screen parking, loading and service areas, by helping to reduce the perception of height and mass on larger buildings, by providing reasonable transitions between on-site uses, by providing elevation transitions contributing to the efficiency of on-site and off-site movement systems, and by providing reasonable transitions between lots. 3.16 NUISANCES Objectives 1. to insure that no portion of Blackriver Technology Park is used in such a manner as to create a nuisance to adjacent sites or streets such as , but not limited to, vibration, sound, electro-mechanical disturbance and radiation, electro-magnetic disturbance, radiation, air or water pollution, dust, emission of odorous, toxic or noxious matter Guidelines 1. No nuisance shall be permitted to exist or operate upon any lot or site so as to be offensive or detrimental to any adjacent lot or site or neighboring ' property or to its occupants. A "nuisance" shall include, but not be limited to, any of the following conditions: a) Any use of the lot or site which emits dust, sweepings, dirt or cinders into the atmosphere, or discharges liquid runoff and discharge into river, which in the opinion of J.A.G./Renton Properties Associates, may adversely affect the health, safety, or comfort of persons within the area or the intended use of their property. No waste nor any substance or materials of any kind shall be discharged into any public sewer serving the subject property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer; ' b) The escape or discharge of any fumes, odors, gases , vapors, steam, acids or other substance into the atmosphere which discharge, in the opinion of J.A.G./Renton Property Associates, may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation; c) The radiation or discharge of intense glare or heat or atomic, electro-magnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such manner that the glare, or heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted; d) Excessive noise. At no point outside of any lot plane shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation, exceed the decibel levels in the designated preferred octave bands as follows: Octave Band Maximum Sound Pressure Levels Center Frequency db) at Boundary Plane of Lot 31.5 78 63 72 125 65 250 59 500 55 1000 52 2000 50 4000 48 8000 47 A-scale levels for monitoring purposes are equivalent to 60db(A). The maximum permissible noise levels for the octave bands shown above are equal to an NC-50 Boise Criterion curve when plotted on the preferred frequency scale. Reasonable noise from motor vehicles and other transportation facilities are exempted, so long as the vehicles or other transportation facilities are not continuously on the subject property. The operation of signaling devices and other equipment having impulsive or non-continuous sound characteristics shall have the following correc- tions applied: Corrections Pure Tone Content 5db Impulsive Character 5db Duration for Non-Continuous Sounds in Daytime Only: 1 min/hr 5db 10 sec/10 min 10db 2 sec/10 min 15 db The reference level for the db values listed above is the pressure of 0.00002 microbar or 0.0002 dyne/cm2 e) Excessive emissions of smoke, steam or particulate matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann No. 1 on The Ringlemann Chart of the United States Bureau of Mines. This requirement shall also be applied to the disposal of trash and waste materials. Wind-borne dust, sprays and mists originating in plants are not permitted. f) Grcund vibration. Buildings and other structures shall be constructed, and machinery and equipment installed, and insulated on each lot or site so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point exterior to any lot or site. 4.0 Architectural Guidelines Objectives 1. to encourage high quality, contemporary architectural design of all facil- ities to be constructed within Blackriver Technology Park, thus allowing Blackriver Technology Park to be positively differentiated from other bus- iness parks 2. to encourage businesses located within Blackriver Technology Park to express themselves individually through the architectural design of their facilities Guidelines 1. All design shall appear as an integrated part of an overall site design. 2. No "Period Buildings" shall be permitted. Contemporary building forms and materials will be encouraged. 3. Pre-engineered metal buildings will not be permitted. Metal-clad buildings will be permitted only if designed by an architect and only if specifically approved in writing by J.A.G./Renton Properties Associates. 4. Design ccn.sideration should be given to: a. views and vistas b. solar orientation and climate c. orientation toward major streets and thoroughfares d. vehicular and pedestrian flows e. the character of surrounding developments f. expressions of a facility's functional organization g. expressions of the individual character of each business h. the satisfaction of physical , psychological , social and functional needs of facility users i . energy conservation through facility design j. potential environmental hazards k. enhancement of the overall landscape 5. Consideration should be given to the incorporation of design features such as: a. highlighted visitor entrance and entry plazas b. focal theme towers c. enriched employee lunch areas d. employee recreational facilities e. accent lighting f. atriums and interior courts g. dynamic building and roof forms h. striking window patterns i. light and shadow patterns j. color accents Refer to Site Planning Guidelines and Landscape Guidelines for other design features. 5.0 Landscape Guidelines The landscape consists of elements that give form to exterior spaces. Thus, the character of the landscape is created by major functional elements such as project entrances, parking lots, buildings, service areas, signing, site lighting, walkways, and the arrangement of plant materials. Given that protect architecture and building sites within Blackriver Technology Park will most likely be of varying types and sizes, landscaping as a design element will play the key role in creating and conveying the overall character of Blackriver Technology Park as a "park-like" working environment. The purpose, then, of these Landscape Guidelines, is to provide design criteria which will help to insure that Blackriver Technology Park achieves an image that is distinctive, clearly understandable and unified. 5.1 INTRODUCTION TO THE BLACKRIVER TECHNOLOGY PARK LANDSCAPE CONCEPT As a part of Blackriver Technology Park Master Plan, hereinafter referred to as Blackriver Technology Park, a Concept Master Plan has been conceived to organize, unify and create a distinctive character for the whole of the development. The Concept Master Plan recognizes that Blackriver Technology Park consists of two prominent zones , namely, the 'Streetscape Zone' and the ' Interior Zone' . An understanding of the nature of these two zones is important to understanding the landscape guidelines and their intent. 5.1.1 Streetscape Zone The streetscape zone is the primary image setting zone. on either side of Southwest 4th glace. All improvements within this corridor will have the greatest degree of control : Attributes within this zone include: 1 . The Landscape Easement - This easement begins at the back of the curb and extends inward for a distance of 30 feet along the entire street. The firs 13 feet minimum (including walk) to 24 feet maximum are designated as a "Public Parkway". The parkway includes a 5 foot walkway (see Figure C) The remaining 6 feet minimum to 17 feet maximum shall be the "Transistion Zone", to be contoured and planted by the Owner or Occupant. Common elements within the Landscape Easement include a walkway, planting, irrigation, street lighting, project signing and project entries. 5.1.2 The Streetscape Zone Design Concept The streetscape within Black River Office Park will consist of a unified single image, namely: a single row of street trees planted approximately 5 feet from the curb line on a landscaped berm, on both sides of the main roadway. Lawn shall occur from the curb to the walkway. Informal tree, shrub and groundcover plantings shall occur between the walkway and the landscape easement. Individual project entries will punctuate these plantings providing highlighted corporate identification. A walkway will meander through the public parkway providing an added dimension to the overall Blackriver streetscape .scene. 5.1.3 Interior Zone The Interior Zone encompasses all exterior elements not covered by the requirements of Section 5.1.1 and 5.1.2. This zone is subject to the needs of each Owner or Occupant and, thus, is meant to have a greater degree of flexibility than the streetscape zones. Common concerns within this zone include: parking lot arrangements and landscaping, site lighting, regulatory and directional signing, and service area screening. 5.1.4 Interior Zone Design Concept It is intended that the Interior Zone of Blackriver Technology Park, consisting primarily of parking lot landscaping, be planted in geometric patterns. (Refer to Section 2.2.5c for plant types). Subtle light levels, restrained graphics and screening of service areas will all contribute to reinforcing the Blackriver Technology Park landscape design concept. The Streetscape within Blackriver Technology Park will consist of a unified single image, namely: a single row of street trees planted on both sides of the Southwest 4th Place approximately 5 feet from the curbline on a landscaped berm Lawn will occur from the curbline to the walkway. Informal tree, shrub and groundcover plantings shall occur between the walkway and the property line of individual properties of Owners or. Occupants. This is the "Transition Zone". Individual project entries will punctuate these plantings providing highlighted corporate identification. Two major Blackriver entry monuments will be provided, namely: entrances to Blackriver Technology Park. 5. 1 .5 Grantor Provided Amenities 5.1.5a Exceptions Exceptions to 5.1.4a above, shall occur at the west entry to Blackriver Technology Park where a special entry landscape feature shall be provided by the Grantor refer to the Concept Master Plan). 5.1.5b Entry Feature The Grantor shall be responsible to provide a special landscaped feature at the entrances to Powell Avenue S.W. and Naches Avenue S.W. (Refer to the Master Plan, Exhibit A) . This area shall include a special landscaping and a Blackriver identification monument (sign). 5.1.5c Pedestrian Easements The Grantor shall be responsible to provide three(3) ten foot wide landscaped pedestrian easements (refer to the Concept Master Plan Exhibit A) . Landscaping in this area shall include a five (5) foot wide walkway leading from the public sidewalk within the landscape easement to preserve and/or buffer areas. Landscaping on either side of the walkway shall be native groundcover vegetation. 5. 1.6 Other Requirements 5.1.6a All planting areas shall have a fully automatic irrigation system. 5. 1.6b All planting and irrigation details and technical specifications shall conform to the highest standards of the American Association of Nurseryman, the American Landscape Contractors Association, and the irrigation industry. 5.1.6c It shall be the Owner or Occupant's responsibility to provide a one year guarantee against all defects of materials and workmanship for all planting and irrigation. The Owner or Occupant shall replace plants not in normal , healthy growing condition at the end of the guarantee period with same species and size. The guarantee period shall begin when the Owner or Occupant, and Grantor or their representative have accepted the work as 100 percent complete. 5.2 LANDSCAPE DESIGN GUIDELINES 5.2.1 Assessment District Installation and Maintenance Agreement 1. All landscape improvements within the Public Parkway (S.W. 4th Place Land- scape Easement Section 5. 1 . 1-1) will ble installed by the Grantor. 2. The Grantor has entered into a five year maintenance agreement to maintain the Public Parkway. Landscape maintenance will be paid for through Assessment District revenues. Following the expiration of the five year maintenance period, all maintenance will be assumed by the Owner or Occupant of individual development parcels and will be assumed by the Owner or Occu- pant of individual development parcels and will be paid for through the continuation of an Assessment District. 3. The 30 foot Landscape Easement (Public Parkway and Transistion Zone) landscaping and irrigation will be installed as a continuouss linear system. Demolition of this system at vehicular access points will be necessary during the process of the access drive installation. It is a responsibility of the Owner or Occupant to maintain the flow of the irrigation system during construction, and to re-establish the planting, grading and final irrigation layout that has been altered. 5.2.2 Maintenance of Unimproved Sites 1. Sites that are not improved or built upon shall be maintained in a clean and neat appearance by the Owner or Occupant. Weeds, brush and trash will be removed twice a year, once in the spring and once in the fall , or more often as required to maintain a high quality appearance. The Grantor and their representative have the right to perform the necessary maintenance and charge the individual Owner or Occupant as necessary. 5.2.3 Landscape Coverage 1. A minimum of fifteen (15) percent of the gross site area within the property lines of a development site (exclusive of the Landscape Easement Transition Zone) shall be devoted to landscape materials unless otherwise approved in writing by the Grantor. 5.2.4 Street Frontage Zone Design Guidelines The street frontage zone is defined as that portion of the site which is adjacent to the Southwest 4th Place Landscape Easement. 5.2.4a Specific Design Limitation within the Street Frontage Zone 1. Grading: Finish grading for each site shall provide for a smooth transition with the walkway in the Public Parkway. Transition slope in this zone shall not exceed 4:1. 2. Service Areas: . Service areas within this zone are to be enclosed with solid walls- and screened with the appropriate landscape material . (Refer to 5.2.4.b-4 for plant types). 3. Parking: Berming shall be provided within the Transition Zone of the Landscape Easement. 4. Screening Shrubs: The following shrubs, in combination with walls or fences, have beer selected to aid in eye level screening of service areas. Planting areas shall be a minimum width of 4 feet. All planting areas exceeding 4 feet shall also conform to these landscape guidelines. The shrubs should be planted at a size to achieve a minimum height of 5 feet within 'a 3 year period from the date of planting. Plant Name Maximum Spacing Comments Chaenomeles lagenaria 4' on center Full Euonymous alatus 4' on center Full Forsythia sp. 4' on center Full Juniper chinesis var.4' on center Full Juniper squamata var.4' on center Full Ligustrum vulgare 4' on center Full Philadelphus virginalis 4' on center Full Spiraea prunifolia 4' on center Full Spiraea vanhouttei 4' on center Full Thuja occidentalis pyramidalis 3' on center Full Thuja orientalis 4' on center Full Viburnum opulus 4' on center Full 5.2.5 Parking Lot Landscape Requirements 5.2.5a Tree Planting Requirements 1. Two (2) types of trees are identified for the parking lot planting. Refer to Section 5.2.5c for plant types) Type A: End of Parking Column Planting Type B: Interior Parking Lot Planting Type A: These trees shall be planted at the ends of parking columns (see Figures J, K, and L) and at intermediate planting islands Figure J. A single tree species, with a minimum height of 12 feet shall be planted throughout the Owner or Occupant's entire parking lot compound. Type B: These trees shall be planted in the parking lot interior (see Figures K and L). A single tree species, with a minimum height of 8 feet shall be used. The tree species may be different in separated parking lots within the compound. Credit will not be given for perimeter edge tree planting.. A minimum of one (1) tree shall be planted for every six (6) car stalls. 2. Tree wells and planter areas within paved parking areas shall provide a minimum 4 foot clear planting space. 3. Planting areas shall have a 6 inch curb on all sides. 4. All parks-;g lot planting beds in addition to Type A and Type B trees shall be planted with shrubs and/or groundcover. The size and spacing to conform to Section 5.2.4.b.4. 5. Planting beds shall be a minimum of 25 square feet. 5.2.5.b Parking and Pedestrian Circulation 1. Parking location and layout should facilitate easy and safe pedestrian circulation. 2. If the parking layout is more than one row deep, walking space with a minimum width of 4 feet between stalls should be provided at key locations. 3. If parking lots exceed two rows in depth, the alignment of the aisles should be in the direction of the pedestrian movement. 5.2.5c Parking Lot Plant Materials List 1. Tree species are to be selected from the following lists. If special soil or site conditions prevent the use of the recommended trees, the Owner or Occu- pant should recommend an alternative to the Design Review Committee. Tree Lists for Parking Compounds Type A Trees: (Refer to Section 5.2.5.a-1A) Plant Name Minimum Size Comments Acer platanoides, sp. var. 12' Well branched Acer saccharum 12' Well branched Aesculus hippocastanum 12' Well branched Fraxinus americana (seedless) 12' Well branched Gleditsia tria:anthos inermis 12 ' Well branched Tilia cordata 12' Well branched All Type A Trees to be limbed up to six (6) feet from the ground. Type B Trees: (Interior Parking Lot Planting) Plant Name Minimum Size Comments Crataegous lavallei 8'Well branched Crataegus phaenopyrum 8'Well branched Malus, var. 8' Well branched Prunus cerasifera 8' Well branched Sorbus aucuparia 8' Well branched All Type B Trees to be limbed up to four (4) feet from the ground. 5.2.6 Vehicular Access Drive Design Guidelines 5.2.6a Location Criteria 1. The loca::on of major access drives shall be approved by the Grantor. 2. Access drives for "right turn only" ingress and egress should be located by the Owner or Occupant according to City of Renton Standards. 5.2.6b Limiter Use Area of Primary and Secondary Access Drives 1. The "limited use area" is defined as the area extending 10 feet on either side of an access drive and in that area of the first 10 feet extending from the curbline of the public street. 2. All objects higher than 30 inches above the top of the curb at the access drive curb opening, including but not limited to, shrubs, signs and earth berms shall be located outside of the limited use area. Trees without limbs to a height of six (6) feet may be planted in this area. 5.2.7 Guidelines for Interior Property Lines and Landscape Areas. 5.2.7a Side/Rear Yard Requirements 1. A 5 foot minimum planting strip is to be provided continuously along all interior property lines not adjacent to landscape easements, except where a shared access drive has been mutually agreed upon by adjoining property owners. 2. All site drainage shall be coordinated with the overall project Site Drainage Master Plan and shall comply with the City of Renton *Storm Drainage Ordinance. 3. A maximum slope of. 2:1 is allowed within the 5 foot planting zone. A 1 foot minimum flat transition shall be provided at the top and bottom of all slopes within this zone. 4. Where the two properties adjoin, there shall be a 10 foot minimum zone created by the two 5 foot landscape planting strips on each side of a property line. All planting areas exceeding the 5 foot minimum shall also conform to these landscape guidelines. 5. No walls or fences shall be permitted within the required 5 foot minimum planting zone. However, walls or fences separating adjoining parcels may be permitted when located at the property line. Walls or fences which contribute to a specific landscape design may be submitted to the Design Review Committee for consideration. 5.2.7b Side/Rear Yard Landscape Requirements 1. General - Either shrub or tree planting shall be required in the 5 foot side and rear yard zone. Where two properties adjoin, shrub plantings with groundcover is required on one side of the property line and tree plantings with groundcover is required on the other. The first Owner or Occupant to receive plan approval shall be required to plant the required trees with groundcover. The second Owner or Occupant must then plant the required shrubs .r;'th groundcover. 5.2.7c Plant Material Requirements - Interior Property Lines 1. Trees.: Shall be located 4 feet from curbs or 1 foot from the property line. Tre trees selected for interior property lines must be species selected from the Tree List. (Refer to Section 5.2.5c) 2. Shrubs: Shall be located 3 feet from the property line or 2 feet from the curb, and planted with a maximum spacing of 5 feet on center. 3. Groundcover: Shall be placed 24 inches on center maximum spacing, covering all ground surfaces. 4. Sod lawn may be used in lieu of groundcover. 5.2.8 Guidelines for Exterior Property Lines 1. Side/Rear Yard Requirements Adjacent to Landscape Easements a. Parking lots require no setback from the Landscape Easement. Parking lotsshall be back five (5) feet from side on river property lines. b. A minimum 60 foot front yard setback is required. Landscaping within this zone shall conform to praking lot landscaping and transition zone landscaping. 5.2.9 Guidelines for Free Preservation Outside the "Preserve" Zone Trees selectee for preservation shall have a "tree well " (fill retaininc wall ) constructed tc maintain an undisturbed existing ground area around the tree. Provide approximately 5 sq. ft. for each caliper inch of trunk measured at 48" above existing grade. The tree well shall be constructed in a manner to protect all roots. Nc root cutting allowed. Special care shall be taken to maintain ground water level and quality as nearly as possible to pre-development conditions. This may include special irrigation and drainage systems or culvert systems connecting the tree wells to nearby wetlands so that the rise and fall of ground water will be similar to pre-development conditions. Storm water may be retained on-site as necessary or desirable to assist in maintaining ground water levels. Tree wells may be constructed of railroad ties, treated timbers or poured-in-place concrete, with an 8 inch high curb of timber, concrete or asphalt on all sides. Provide hand rails where resultant depressions are more than 30 inches deep. Conditions ma; vary at each tree location. Analyze each tree to ascertain the best solution or combination of solutions to minimize adverse environmental impacts. Consult an Aberist regarding selection of trees to be preserved and preservation procedures tc De used. Selected trees are subject to review and approval by the City of Renton. 6.0 Signing Guidelines 6. 1 OBJECTIVES The objectives of Signing Guidelines for Blackriver Technology Park are: 1. to allow sufficient, though not excessive, business identification devises so that the name of each business locating in Blackriver Technology Park is clearly and individually associated with the facilities it occupies, when viewed by motorists passing by on fronting streets 2. to prohibit signs and business identification devices from being used for advertising of any kind including, but not limited to, advertising of pro- ducts, services, or job openings 3. to allow on each lot sufficient, though not excessive, informational , direc- tional , and traffic control signing for convenient and efficient operation 4. to have all informational , vehicular control , and temporary signing be uniform in design, size, height, color, material , and topography 5. to permit sufficient, though not excessive, temporary signing including those identifying the future occupant, the design consultants, the general con- tractor, lending institutions, sale or leasing agents, and the building product to be offered 6. to insure that signing and identification devices do not, because of their height, location or design, contribute to a decrease in the safety and efficiency of traffic flows in fronting streets 6.2 SIGN SUBMITTALS: 1 . An overall sign program including any (1) detached business identifica- tion sigr.s , (2) building mounted business or building identification signs and (3) informational and vehicular control signs shall be submitted as part of the preliminary plan submittal to the Blackriver Technology Park Design Review Committee. 6. 3 DETACHED BUSINESS IDENTIFICATION SIGNS: 1. Detached business identification signs shall be limited to the display of the name and/or symbol of the business or businesses occupying the site. No messages or advertising of any kind including, but not limited to, adver- tising of products, services, or job openings shall be permitted. 2. No more than one detached business identification sign shall be permitted on each street frontage of a development parcel . 3. No detached business identification sign shall exceed a sign area which is the lesser of 50 square feet per side or the maximum sign area permitted by the local governing authority. The sign area is defined as the area of the surface or surfaces which displays letters or symbols identifying the bus- iness or businesses occupying the site, or when the sign is of free- standing letters, the single rectangular area which fully encloses all letters or symbols identifying the business or businesses occupying the site. The sign area shall not include the base or pedestal to which the sign is mounted. 4. All detached business identification signs shall be permanent "ground hugger" type signs and shall not exceed a height of five feet above the underlying finish grade unless otherwise approved in writing by J.A.G./Renton Properties Associates. 5. All detached business identification signs shall be of such materials and design to be compatible with and complimentary to the on-site design concept as well as landscape and physical design features. 6. Illumination - Detached business identification signs may be illuminated by continuous and uniform internal illumination, backlighting, or ground light- ing. No flashing or moving lights will be permitted. No unprotected lamp providing sign illumination shall be directly visible when viewed at any angle from a distance of twenty feet or more. No sign illumination shall , cast a glare which will be visible from any street or access drive. 7. Location - Detached business identification signs must be located within .20 feet of a fronting street and the access drive but shall not exceed 30 inches in height when located in the first 10 feet adjacent to access drive closest to the street. 6.4 BUILDING MOUNTED BUSINESS OR BUILDING IDENTIFICATION SIGNS: 1. Building rounted business or building identification signs shall be limited to the display of the building name or the name and/or symbol of the business occupying the site. No message or advertising of any kind including, but not limited tc the advertising of products, services or job openings shall be permitted. 2. No more than one building mounted sign shall be permitted for each street frontage of a development parcel . 3. Business building identification signs may be mounted to any vertical surface of a building or building associated wall provided such signs appear as an integral part of the overall architectural and site design concept. 4. The sign area of building mounted business or- building identification signs may not exceed the lesser of 50 square feet or the maximum building mounted sign area :emitted by the local governing authority. The building mounted sign area is defined as the area of the surface or surfaces which displays letters or symbols identifying the business or businesses occupying the site or when the sign is of freestanding letters, the single rectangular area which fully encloses all letters or symbols identifying the business or businesses occupying the site. 5. Building mounted business or building signs shall not extend beyond a height above the ground floor which is the lesser of 32 feet or the maximum height permitted by the local governing authority. 6. Building mounted business or building identification signs may be illuminated by internal illumination or backlighting provided that the color and inten- sity of such lighting appears as an integral part of the overall architec- tural and site design concept. No sign illumination shall cast a glare which will be visible from any street or access drive. 6.5 INFORMATIONAL AND VEHICULAR CONTROL SIGNS: 1. All informational and vehicular control signs shall be of uniform design using ASI/Fiberglass Post & Panel System or a sign system of equal design which is specifically approved in writing by J.A.G./Renton Properties Assoc- iates. All lettering shall be Helvetica Medium, white in color. Red and yellow may be used for stop and yield signs respectively. 2. No informational or vehicular control sign shall have a panel face which exceeds 5 square feet in area per side. 3. No business name, symbol or advertising of any sort shall be permitted on any informational or vehicular control sign. 4. No informational or vehicular control sign shall exceed a height of 4 feet above the underlying grade. 5. No informational or vehicular control sign shall be located so as to reduce the safe flow of vehicles or pedestrians. 6. No informational or vehicular control sign shall be internally illuminated or illuminated from the ground. 6.6 TEMPORARY SIGNS. Only one temporary sign plus one financing sign shall be permitted per development parcel . No additional individual signs shall be permitted. J.A.G./Renton Properties Associates or its, representatives have the right to remove unpermitted signs and charge the individual tenant or property owner for the cost of such removal . 2. Temporary development signs shall be of a uniform size, area, height, color, and design as illustrated here and shall , at a minimum, identify Blackriver Technoloev Park and the business or company developing the parcel . The remaining sign area shall be limited to identification of the following and no other information: a. a concise identification of the nature of the development b. the projected date of completion c. the construction lender d. the real estate brokerage firm e. the general contractor f. the architect g. the landscape architect h. the structural engineer i . the civil engineer j. the mechanical engineer k. the electrical engineer 3. No temporary development sign shall be located so as to reduce the safe flow of vehicles and pedestrians 4. All temporary development signs shall be removed prior to occupancy. 7 .0 Lighting Guidelines 7.1 OBJECTIVES 1. to have on-site lighting contribute to the safe and efficient use of a development. site 2. to have on-site lighting contribute to site security 3. to have on-site lighting compliment and reinforce the architecture and site design character 4. to have on-site parking lot lighting fixtures and illumination levels be consistent throughout Blackriver Technology Park 5. to prevent on-site lighting from casting glare onto adjacent lots 6. to prevent on-site lighting from casting glare onto adjacent streets in such a manner as to decrease the safety of vehicular movement 7. to encourage lighting design that is in conformance with energy saving guidelines 7.2 LIGHTING QUALITY All lighting potentially visible from an adjacent street except bollard lighting less than 42 inches high, shall be indirect or shall incorporate a full cut off shield type fixture. 7.3 PARKING, ACCESS AND CIRCULATION AREAS Parking areas, access drives, and internal vehicular circulation areas - All parking lot lighting fixtures shall be a zero series or a fixture of similar "shoe box" type design mounted at 18' 4" atop a square metal pole. Both the fixture and pole are to have a durable black finish. The light source shall be 150 watt color corrected high pressure sodium. The parking lot illumination level shall achieve a uniformity ratio of 3 to 1 (average to minimum) with a maintained average of 1 foot candle a minimum of .3 foot candle. 7.4 SERVICE AREAS Service area lighting shall be contained within the service yard boundaries and enclosure walls. No light spillover should occur outside the service area. The light source should not be visible from the street. 7.5 BUILDING ILLUMINATION Building illumination and architectural lighting shall be indirect in charac- ter. (No light source visible). Indirect wall lighting or "wall washing" overhead down lighting, or interior illumination which spills outside is encouraged. Architectural lighting should articulate and animate the particular building design as well as provide the required functional light- ing for safety and clarity of pedestrian movement. 7.6 PEDESTRIAN AREAS Pedestrian walk and area lighting is segmented into 2 zones. 1. The first zone is pedestrian area lighting. This is for outdoor pedes- trian use areas such as courtyard, entry way, etc. Pedestrian area lighting should achieve a uniformity ratio of 3.5 to 1 average to minimum, with an average illumination of .60 foot candles and a minimum of .18 foot candles. 2. The second zone is pedestrian walk lighting where point to point lighting is acceptable with no specific illumination levels required. The main emphasis in this zone should be to clearly identify the pedes- trian walkway and direction of travel . 8.0 Appendix CONTACT AND REFERENCE LIST DEVELOPER (Grantor) J.A.G./Renton Properties Associates Alterra Corp. , General Partner 710 Cherry Street Seattle, WA 98104 Phone: (206) 382-0333 Contact: Deltor, Bonds PROJECT CONSULTANT (Planning, Site, Civil & Utilities Design, Landscape Architecture) Richard Carothers Associates 814 E. Pike Street Seattle, WA 98122 Phone: (206) 324-5500 Contact: Richard A. Carothers GOVERNMENTAL AC=NCIES City of Renton Municipal Building 200 Mill AvenL.= South Renton, WA 9E:55 o Planning Department Ronald G. Nelson, Director Phone (2C.E ;: 235-2540 Contact: ?oger J. Blalock, Zoning Administrator Jerry Lind, Land Use Inspector o Public Works Richard Houghton, Director Phone (206) 235-2569 Contact: Richard Houghton o Engineering Department Robert Bergstrom, P.E. , Director Phone (206) 231-2631 Contact: Robert Bergstrom, P.E. o Fire Department James Matthew, Fire Marshall Phone (206) 235-2642 Contact: James Matthew PLANNING & DESIGN REFERENCES Renton Zoning Ordinance Building Regulations, Title 4, Chapter 23 (Grading & Filling) Subdivision 0rc'nance, Chapter 11 (Preliminary Plat) Controlling Building Code: Uniform Building Code with City enacted amendments. Maps and plans , Contact J.A.G./Renton Properties Associates Covenants, Conditions and Restrictions Contents DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BLACKRIVER TECHNOLOGY PARK i Page No. RECITALS 1 1.0 DEFINITIONS 2 1.1 Architect, Landscape Architect, Civil Engineer 1.2 Beneficiary 1.3 Declarant 1.4 Declaration 1.5 Deed of Trust 1.6 Improvement - Improvements 1.7 Lot 1.8 Mortgage 1.9 Mortgagee 1. 10 Occupant 1.11 Owner 1. 12 Record - Recorded - Recordation 1.13 Sign 1.14 Street or Streets 1.15 Subject Property 1.16 Visitle from Neighboring Property 2.0 SUBJECT PROPERTY 4 2.1 General Declaration 2.2 Addition of Other Realty 2.3 Notice of Addition of Land 3.0 CONSTRUCTION OF IMPROVEMENTS 6 3.1 Approval of Plans Required 3.2 Basis for Approval 3.3 Review Fee 3.4 Result of Inaction 3.5 Approval 3.6 Proceeding with Work 3.7 Completion of Work 3.8 Declarant Not Liable 3.9 Construction Without Approval 4.0 DEVELOPMENT STANDARDS 10 4.1 Minimum Setback 4.2 Exceptions to Setback Requirements 4.3 Landscaping Page No. 4.0 DEVELOPMENT STANDARDS (Continued) 4.4 Signs 4.5 Parking Areas 4.6 Storage and Loading Areas 5.0 REGULATION OF OPERATIONS AND USES 14 5.1 Permitted Uses 5.2 Prohibited Uses 5.3 Nuisances 5.4 Condition of Property 5.5 Maintenance of Grounds 5.6 Remedies for Failure to Maintain & Repair a) Remedies b) Foreclosure of Lien c) Cure d) Nonexclusive Remedy 5.7 Taxes and Assessments 5.8 Refuse Collection Areas 5.9 Repair of Buildings 5.10 Public Utilities 5.11 Utility Lines and Antennas 5.12 Mechanical Equipment 5. 13 Mirtral Exploration 5.14 Other Operations and Uses 6.0 MODIFICATION AND REPEAL 23 6. 1 Prc:edure 6.2 Modification by Declarant 6.3 Governmental Regulation 7.0 ENFORCEMENT 25 7.1 Abatement and Suit 7.2 Right of Entry 7.3 Deemed to Constitute a Nuisance 7.4 Attorney's Fee 7.5 Failure to Enforce is No Waiver 8.0 ASSIGNMENT 27 9.0 CONSTRUCTIVE NOTICE AND ACCEPTANCE 27 10.0 WAIVER 28 Page No. 11.0 RUNS WITH LAND 28 12.0 RIGHTS OF MORTGAGEES 28 13.0 CAPTIOi,c 29 14.0 EFFECT OF INVALIDATION 29 DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS FOR BLACKRIVER TECHNOLOGY PARK This Declaration, made this day of 1984, by J.A.G./ Renton Properties Associates, a Washington Partnership, is made with reference to the following facts: RECITALS A. Blackriver Technology Park is the owner of that certain real property in the City of Renton, County of King, State of Washington described in Exhibit A attached hereto and by this reference incorporated herein, and known as Blackriver Technology Park. B. Blackriver Technology Park is being developed as a planned industrial park. It is J.A.G./Pe-ton Properties Associates desire and intention to subject the real property in said industrial park to certain covenants, conditions and restrictions for the benefit of the property, J.A.G./Renton Properties Associates, and the purchasers of lots in Blackriver Technology Park. It is intended that said covenants, conditions and restrictions bind and benefit not only said purchasers and J.A.G./Renton Properties Associates, but also their respective successors, heirs and assigns and that all lots in Blackriver Technology Park should be held, used, leased, sold and conveyed subject to the covenants, conditions and restrictions set forth in this Declaration. 1- C. It is the intention of J.A.G./Renton Properties Associates to further a plan of subdivision by means of the covenants, conditions and restrictions set forth in this Declaration. Said covenants, conditions and restrictions are intended to be common to all cf the lots in Blackriver Technology Park and to enhance and protect the value, desirability and attractiveness of all such lots to their mutual benefit. 1.0 DEFINITIONS Unless the context otherwise specifies or requires, the terms defined in this (1.0 Definitions) , shall as used in this Declaration, have the meanings herein set forth: 1. 1 Architect, Landscape Architect, Civil Engineer. The term "architect, landscape architect and civil engineer" , shall mean a person holding a certificate to practice architecture, landscape architecture or civil engineering, in the State of Washington. 1.2 Beneficiary. The term "beneficiary" shall mean a mortgagee under a mortgage as well as a beneficiary under a deed of trust. 1 .3 Declarant . The term "Declarant" shall mean J.A.G./Renton Properties Associates and, to the extent provided in Article VIII of this Declaration, its successors and assigns. 1.4 Declaration. The term "Declaration" shall mean this Declaration of Covenants, Conditions and Restrictions for Blackriver Technology Park, as it may from time to time be amended or supplemented. 1.5 Deed of Trust. The term "deed of trust" shall mean a mortgage as well as a deed of trust. 1.6 Blackriver Technology Park. The term "Blackriver Technology Park" shall be synonymous with the term "subject property" and shall mean all of the real property 2- now or hereafter made subject to this Declaration. 1.7 Improvement - Improvements. The term "improvement" or "improvements" shall include buildings, outbuildings, roads, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks , water lines , sewers , electrical and gas distribution facilities, hedges, windbreaks, plantings , planted trees and shrubs, poles, signs , loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. 1.8 Lot. The term "lot" shall mean a fractional part of the subject property as subdivided on subdivision or parcel maps recorded from time to time in the Office of the Recorder of the County of King, State of Washington. 1.9 Mortgage. The term "mortgage" shall mean a deed of trust as well as a mortgage. 1.10 Mortgagee. The term "mortgagee shall mean a beneficiary under, or holder of, a deed of trust as well as a mortgagee under a mortgage. 1. 11 Occupant. The term "Occupant" shall mean a lessee or licensee of an Owner, or any other person or entity other than an Owner in lawful possession of a lot with the permission of the Owner. 1. 12 Owner. The ,term "Owner" shall mean and refer to any person or entity which is the record Owner of fee simple title to any lot, excluding any entity or person who holds such interest as security for the payment of an obligation, but including contract sellers and any mortgagee or other security holder in actual possession of a lot. 1.13 Record - Recorded - Recordation. The terms "record," "recorded," or recordation" shall mean, with respect to any document, the recordation of said document in the Office of the Recorder of the County of King, State of Washington. 3- 1. 14 Sign. The term "sign" shall mean any structure, device or contrivance, electric or non-electric, upon or within which any poster, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever used, placed, posted, tacked, nailed, pasted, or otherwise fastened or affixed. 1.15 Street of Streets. The term "street" or "streets" shall mean any street, highway, road, or thoroughfare within or adjacent to the subject property and shown on any recorded subdivision or parcel map, or record or survey, whether designated thereon as street, boulevard, place, drive, road, court, terrace, way, lane, circle or otherwise. 1.16 Subject Property. The term "subject property shall be synonymous with the term "Blackriver Technology Park" and shall mean all of the real property now or hereinafter made subject to this Declaration. 1.17 Visible from Neighboring Property. The term "visible from neighboring property" shall mean, with respect to any given object on a lot, that such object is or would be visible to a person six (6) feet tall , standing on any part of any adjacent lot or other property at an elevation no greater than the elevation of the base of the object being viewed. 2.0 SUBJECT PROPERTY 2.1 General Declaration. Declarant hereby declares that all of that real property located in the City of' Renton, County of King, State of Washington, and more particularly described in Exhibit "A" is, and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions. and restrictions set forth herein are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said real property and are established for the purpose of enhancing and protecting the value, desirability 4- and attractiveness of the subject property and every part thereof. All of said covenants, conditions and restrictions shall run with all of the subject property for all purposes and shall be binding upon and inure to the benefit of Declarant and all Owners , Occupants, and their successors in interest as set forth in this Declaration. 2.2 ,Addition of Other Realty. Declarant may at any time during the pendency of this Declaration add all or a portion of any real property now or hereinafter owned by Declarant to the subject property, and upon recording of a notice of addition of real property containing at least the provisions set forth in Section 2.3, the provisions of this Declaration specified in said notice shall apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable thereto, the rights, powers and responsibilities of Declarant and the Owners and Occupants of lots within such added real property shall be the same as in the case of the real property described in Exhibit "A". 2.3 Notice of Addition of Land. The notice of addition of real property referred to in Secticr 2.2 shall contain at least the following provisions : a) A reference to this Declaration stating the date of recording and the book or books of the records of King County, Washington, and the page numbers where this Declaration is recorded; b) A statement that the provisions of this Declaration, or some specified part thereof, shall apply to such added real property; c) A legal description of such added real property; and d) Such other or different covenants, conditions and restrictions as Declarant shall , in its discretion, specify to regulate and control the use, occupancy and improvements of such added real property. 5- 3.0 CONSTRUCTION OF IMPROVEMENTS 3.1 Approval of Plans Required. No improvements shall be erected, placed, altered, maintained or permitted to remain on any lot by any Owner or Occupant until final plans and specifications shall have been submitted to and approved in writing by Declarant. Such final plans and specifications shall be submitted in duplicate over the authorized signature of the Owner or Occupant or both of the lot or the authorized agent thereof. Such plans and specifications shall be in such form and shall contain such information as may be required by the Declarant, but shall in any event include the following: a) A site development plan of the lot showing the nature, grading scheme, kind, shape, composition, and location of all structures with respect to the particular lot (includinc proposed front, rear and side setback lines) , and with respect to structures on adjoining lots, and the number and location of all parking spaces and driveways on the lot; b) A landscaping plan for the particular lot; c) A plan for the location of signs and lighting; and d) A buildir: elevation plan showing dimensions , materials and exterior color scheme in no less detail than required by the appropriate governmental authority for the issuance of a building permit. Material changes in approved plans must be similarly submitted to and approved by Declarant. 3.2 Basis for Approval . Approval shall be based, among other things, upon adequacy of site dimensions, adequacy of structural design, conformity and harmony of external design with neighboring structures, effect of location and use of proposed improvements upon neighboring lots, proper facing of main elevation with respect to nearby streets, adequacy of screening of mechanical , air conditioning or other roof top installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. No plans will be approved 6- which do not provide for the underground installation of power, electrical , telephone and other utility lines from the property line to buildings. Plans which provide for metal-clad buildings will be approved only on the condition that such buildings are constructed so as not to have the appearance of .a metal building and any metal-clad building must be specifically approved in writing. Declarant shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, Declarant shall have the right to disapprove any plans and specifications submitted hereunder on any reasonable grounds including, but not limited to, the following: a) Failure to comply with any of the restrictions set forth in this Declaration; b) Failure to include information in such plans and specifications as may have been reasonably requested by Declarant; c) Objection to the exterior design, the appearance of materials or materials employed in any proposed structure; d) Objection on the ground of incompatibility of any proposed structure or use with existing structures or uses upon other lots, or other property in the vicinity of the subject property; e) Objection to the location of any proposed structure with reference to other lots, or other property in the vicinity; f) Objection to the grading or landscaping plan for any lot; g) Objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure; h) Objection to the number or size of parking spaces, or to the design of the parking area; i ) Any other- matter which, in the judgment of the Declarant, would render the proposed improvements or use inharmonious with the general plan for improvement of 7- the subject property or with improvements located upon other lots or other property in the vicinity. 3.3 Review Fee. An architectural review fee shall be paid to Declarant at such time as plans and specifications are submitted to it based upon the following schedule: a) When the plans submitted are prepared by a licensed architect, engineer or landscape architect, the architectural review fee shall be the sum of One Hundred and no/100ths Dollars ($100.00); b) In all other cases, the architectural review fee shall be the sum or Two Hundred Fifty and no/100ths Dollars ($250.00). 3.4 Result of Inaction. If Declarant fails either to approve or disapprove plans and specifications submitted to it for approval within forty-five (45) days after the same have been submitted, it shall be conclusively presumed that Declarant has disapproved said plans and specifications; provided, however, that if within the forty-five (45) day period Declarant gives written notice of the fact that more time is required for the review of such plans and specifications , there shall be no presumption that the same are disapproved until the expiration of such reasonable period of time as is set forth in the notice. 3.5 Approval . Declarant may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by Declarant of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with Declarant, and a copy of such plans and specifications, bearing such approval together with any conditions, shall be returned to the applicant submitting the same. 8- 3.6 Proceeding with Work. Upon receipt of approval from Declarant pursuant to Section 3.5, the Owner, or Occupant, or both, to whom the same is given, shall , as soon as practicable, satisfy any and all conditions of such approval and shall diligently proceed with the commencement and completion of all approved excavation, construction, refinishing, and alterations. In all cases, work shall commence within one (1,' year from the date of approval , and if work is not so commenced approval shall be deemed revoked unless Declarant, pursuant to written request made and received prior to the expiration of said one (1) year period, extends the period of time within which work must be commenced. 3.7 Completion of Work. Any improvement commenced pursuant hereto shall be completed wit-in two (2) years from the date of Declarant's approval of the plans and specifications therefor, except for so long as such completion is rendered impossible, or unless work upon the proposed improvements would impose a great hardship upon the Owner or Occupant, to whom Declarant's approval is given, due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of Owner or Occupant. Declarant may, upon written request made and received ,7-ior to the expiration of the two (2) year period, extend the period of time within which work must be completed. Failure to comply with this Section 3.7 shall constitute a breach of this Declaration and subject the party in breach to the enforcement procedures set forth in 7.0. 3.8 Declarant Not Liable. Declarant shall not be liable for any damage, loss or prejudice suffered or claimed by any person on account of: a) The approval or disapproval of any plans, drawings and specifications, whether or not in any way defective; b) The construction of any improvement, or performance of any work, whether or not pursuant to approved plans, drawings and specifications; or 9- c) The development of any lot within Blackriver Technology Park. 3.9 Construction Without Approval . If any improvement shall be erected, placed or maintained upon any lot, or the exterior design thereof, or any new use commenced upon any lot, ether than in accordance with the approval by the Declarant pursuant to the provisions of this 3.0 (Construction of Improvements) , such alteration, erection, placement, maintenance or use shall be deemed to have been undertaken in violation of this Declaration, and upon written notice from Declarant, any such improvement so altered, erected, placed, maintained or used upon any lot in violation of this Declaration shall be removed 'or altered so as to conform to this Declaration, and any such use shall cease or be amended so as to conform to this Declaration. Should such removal or alteration, or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, then the party in breach of this Declaration shall be subject to the enforcement procedures set forth in 7 , 0. 4.0 DEVELOPME'J STANDARDS 4. 1 Minimum Setback. No improvements of any kind, and no part thereof, shall be placed closer :han permitted by Declarant to an interior property line , except as otherwise provided in Section 4.2. "Interior property line" shall mean the boundary between any lot within the subject property and all other lots bordering upon said lot. No improvements of any kind, and no part thereof, shall be placed closer than twenty-five (25) feet from a property line fronting the following streets: (1) Southwest Fourth Place and (2) Naches Avenue S.W. "Property line" shall mean the boundary of every lot. 4.2 Exceptions to Setback Requirements. The following improvements, or parts of improvements, are specifically excluded from the setback requirements set forth in Section 4.1: 10- a) Roof overhang, subject to approval in writing from Declarant, provided said overhang does not extend more than six (6) feet into the setback area; b) Steps and walkways; c) Paving and associated curbing; d) Fences, except that no fence shall be placed closer than twenty-five (25) feet from a property line fronting upon any public street without the prior written approval of Declarant; e) Landscaping and irrigation systems; f) Planters, not to exceed three (3) feet in height, except that planters of greater height may be built within the setback area with the prior written approval of Declarant; g) Industrial park identification signs, directional and parking signs and signs identifying the Owner or Occupant of a lot, subject to the prior written approval of Declarant; h) Lighting facilities, subject to the prior written approval of Declarant; and i ) Underground utility facilities and sewers. 4.3 Landscaping. Within ninety (90) days following completion of construction, or by the date each improvement is occupied, whichever shall occur first, each lot shall be landscaped in accordance with the plans and specifications. The area of each lot between any street and any minimum setback line as set forth in Section 4.1 shall be landscaped with an attractive combination of trees, shrubs and other ground cover. All other areas fronting on a street and not utilized for parking, driveways, or walkways shall be landscaped in a complementary and similar manner. G All portions of a lot not fronting a street and not used for parking, storage or buildings shall be landscaped utilizing ground cover and shrub or tree materials. The Owner or Occupant shall be responsible for landscaping and maintaining the area 11- known as the 'transition zone' ; refer to Landscape Design Guidelines. An underground landscape irrigation system shall be provided and maintained by the Owner or Occupant for all landscaped areas. Areas used for parking shall be landscaped, bermed or attractively fenced in such a manner as to screen said areas from view from adjacent streets and freeways. Such screening shall extend at least forty-two (42) inches above the high point of the finished pavement in said parking area. Plant materials used for this purpose shall consist of lineal or grouped masses of shrubs and trees. After completion, such landscaping as is herein required shall be maintained in a sightly and well-kept condition. If, in Declarant's reasonable opinion, the required landscaping is not maintained in a sightly and well -kept condition, Declarant shall be entitled to the remedies set forth in 7.0. 4.4 Signs. No sign shall be permitted on any lot unless approved by Declarant in writing. No sign shall be approved other than industrial park identification signs, directional and parking signs, signs identifying the name, business and products of the Owner or Occupant of a lot, and signs offering the lot for sale or lease. 4.5 Parking Areas. Off-street parking adequate to accommodate the parking needs of the Owner or Occupant, the employees and visitors thereof shall be provided by the Owner or Occupant of each lot. The intent of this provision is to eliminate the need for any on-street parking; provided, however, that nothing herein shall be deemed to prohibit on-street parking of public transportation vehicles. If parking requirements increase as a result of a change in the use of a lot or in the number of persons employed by the Owner or Occupant, additional off-street parking shall be provided so as to satisfy the intent of this section. All parking areas shall conform to the following standards: 12- a) Required off-street parking shall be provided on the lot, on a contiguous lot, or within such distance from the lot as Declarant deems reasonable. Where parking is provided other than upon the lot concerned, Declarant shall be given a certified copy of a recorded instrument, duly executed and acknowledged by the person or persons holding title to the lot or other property upon which the parking area is located, stipulating to the permanent reservation of the use of the lot or other property for such parking area. b) Parking areas shall be paved so as to provide dust-free, all-weather surfaces. Each parking space provided shall be designated by lines painted upon the paved surface and shall be adequate in area. All parking areas shall provide, in addition to parking spaces , adequate driveways and space for the movement of vehicles. c) In determining the adequacy of the number of parking spaces to be provided by an Owner or Occupant, Declarant shall consider the nature of the proposed use of the lot, the amount of vehicular traffic generated by said use, the anticipated number of, and manner of employment of, persons to be employed upon the lot; the nature and location of proposed structures upon the lot; and such other ratters as Declarant shall reasonably deem relevant. d) No parking spaces shall be located on or permitted within setback areas adjacent to a street as set forth in Section 4.1, except that parking spaces may be located on or parking permitted within such area if Declarant's written permission is first obtained. Permission will not be given in any event unless parking areas within such setback areas are screened from view of the street by shrubs and trees, by a screen wall or by berms, and any such screening must extend at least forty-two 42) inches above the high point of the finished pavement in said parking area. 13- 4.6 Storage and Loading Areas. Storage, maintenance and loading areas must be constructed, maintained and used in accordance with the following conditions: a) Unless approved in writing by Declarant, no materials, supplies or equipment, including truc .s or other motor vehicles, shall be stored upon a lot except inside a closed building or behind a visual barrier screening such materials, supplies or vehicles so as not to be visible from neighboring property and streets. Any storage areas screened by visual barriers shall be located upon the rear portions of a lot, unless otherwise approved in writing by Declarant. No storage area may extend into a setback area as defined in Section 4. 1 except with the written approval of Declarant. b) Provision shall be made on each site for any necessary vehicle loading and no on-street vehicle loading shall be permitted. c) Loading dock areas shall be set back, recessed or screened so as not to be visible from neighboring property or streets and in no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street unless otherwise approved in writing by Declarant. 5.0 REGULATIC' OF OPERATIONS AND USES 5. 1 Permitted Uses. Except as otherwise specifically prohibited herein, any industrial operation and use will be permitted upon a lot, provided that Declarant specifically consents to such use in writing. Such approved use shall be performed or carried out entirely within a building that is so designed and constructed that the enclosed operations and uses do not cause or produce a nuisance to other lots or property, such as, but not limited to, vibration, sound, electro-mechanical disturbances, electro-magnetic disturbances, radiation, air or water pollution, dust, or emission of odorous, toxic or non-toxic matter (including steam). Certain activities which cannot be carried on within a building may be permitted, provided 14- Declarant specifically consents to such activity in writing and further provided such activity is screened so as not to be visible from neighboring property and streets. All lighting is to be shielded so as not to be visible from neighboring property. 5.2 Prohibited Uses. The following operations and uses shall not be permitted on any property subject to this Declaration: a) Residential use of any type; b) Trailer courts or recreation vehicle campgrounds; c) Junk yards or recycling facilities; d) Drilling for and removing oil , gas or other hydrocarbon substances; e) Refining cf petroleum or of its products; f) Commercial petroleum storage yards; g) Commercial excavation of building or construction materials; provided, that this prohibition shall not be construed to prohibit any excavation necessary in the course of approved construction pursuant to 3.0, Construction of Improvements; h) Distillation of bones; i ) Dumping, cisposal , incineration or reduction of garbage, sewage, offal , dead animals or other refuse; j) Fat rendering; k) Stockyard or slaughter of animals; 1 ) Smelting of iron, tin, zinc or any other ore or ores; m) Cemeteries; n) Jail or honor farms; o) Labor or migrant worker camps; p) Truck terminals; 15- q) Automobile, go-cart, motorcycle or quarter-midget race tracks and other vehicle endurance or race tracks; r) Retail stores or shopping centers; s) Commercial service stations or gasoline stations; t) Commercial restaurants or snack bars; or u) Banks or savings and loans institutions. 5.3 Nuisances . No nuisance shall be permitted to exist or operate upon any lot so as to be offensive or detrimental to any adjacent lot, or property or to its occupants. A "nuisance" shall include, but not be limited to, any of the following conditions: a) Any use, excluding reasonable construction activity, of the lot which emits dust, sweepincs , dirt of cinders into the atmosphere, or discharges liquid, solid wastes or other matter into any stream,-river, or other waterway which,- in the opinion of Declarant, may adversely affect the health, safety, comfort of, or intended use cif their property by persons within the area. No waste nor any substance or materials of any kind shall be discharged into any public sewer serving the sL=ject property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer; b) The escape or discharge of any fumes, odors, gases, vapors, steam, acids or other substance into the atmosphere which discharge, in the opinion of Declarant, may be detrimental to the health, safety or welfare of any person or may interfere with the comfort of persons within the area or which may be harmful to property or vegetation; c) The radiation or discharge of intense glare or heat, or atomic, electro- magnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an 16- enclosed or screened area and then only in such manner that the glare, heat or radiation emitted will not be discernible from any point exterior to the site or lot upon which the operation is conducted; d) Excessive noise. At no point outside of any lot plane shall the sound pressure level of any machine, device, or any combination of same, from any individual plant or operation, exceed the decibel levels in the designated preferred octave bands as follows: Octave Bank Maximum Sound Pressure Levels Center Frequency db) at Boundary Plane of Lot Hz 31.5 78 63 72 125 65 250 59 500 55 1000 52 2000 50 4000 48 8000 47 A-scale levels for monitoring purposes are equivalent to 60 dB(A) . The maximum permissible noise levels for the octave bands shown above are equal to an NC-50 Noise Criterion curve when plotted on the preferred frequency scale. Reasonable noise from motor vehicles and other transportation facilities are exempted, so long as the vehicles or other transportation facilities are not continuously on the subject property. The operation of signalling devices and other equipment having impulsive or non-continuous sound characteristics shall have the following corrections applied: Corrections Pure Tone Content 5dB Impulsive Character 5dB Duration for Non- Continuous Sounds in Daytime Only, 1 min/hr 5dB 10 sec/10 min 10dB 17- 2 sec/10 min 15dB The reference level for the dB values listed above is the pressure of 0.'0002 microbar or 0.0002 dyne/cm2. e) Excessive emissions of smoke, steam or particulate matter. Visible emissions of smoke or steam will not be permitted (outside any building) which exceed Ringlemann No. 1 on the Ringlemann Chart of the United States Bureau of lines. This requirement shall also be applied to the disposal of trash and waste materials. Wind-borne dust, sprays and mists originating in plants are not permitted. f) Ground vibration. Buildings and other structures shall be constructed, and machinery and equipment installed, and insulated on each lot so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point exterior to any lot. 5.4 Condition of Property. The Owner or Occupant of any lot shall , at all times, keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with all applicable governmental , health, fire and safety ordinances , regulations, requirements and directives and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever which may accumulate upon such lot. 5.5 Maintenance of Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on his lot. Such maintenance and repair shall include, without limitation: a) Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed therein or such substitute 18- therefor as shall , in all respects, be equal thereto in quality, appearance and durability; the removal of debris and waste material and the washing and sweeping of paved areas as required; painting and repainting of striping markers and directional sicnals as required; b) Cleaning, maintenance and relamping of any external lighting fixtures except such fixtures and may be the property of any public utility or government body; and c) Performance of all necessary maintenance of all landscaping including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees, removal of dead or waste materials, replacement of any dead or, diseased grass, ground cover, shrubs, or trees. Nothing contained herein shall preclude an Owner from recovering from any person liable therefor, damages to which such Owner might be entitled for any act or omission to act requiring an expenditure by the Owner for the maintenance and repair of the parking area, driveway, walkway and/or landscaping on his lot. 5.6 Remedies for Failure to Maintain and Repair. a) Remedies. If any Owner shall fail to perform the maintenance and repair required by Section 5.5, then Declarant, after fifteen days ' prior written notice to such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge the delinquent Owner with the cost of such work together with interest thereon at the rate of twelve percent (12%) per annum from the date of Declarant's advancement of funds for such work to the date of reimbursement of Declarant by Owner. If the delinquent Owner shall fail to reimburse Declarant for such costs within ten days after demand therefor, Declarant may, at any time within two years after such advance, file for record in the Office of County Recorder of King County, Washington a claim of lien signed by Declarant for the amount of such charge together with interest thereon, which claim shall 19- contain: (1) a statement of the amount unpaid and the interest accrued thereon; 2) a legal description of the lot owned by the delinquent Owner; and (3) the name of the delinquent Owner. Such claim of lien shall be effective to establish a lien against the interest of the delinquent Owner in his lot together with interest at twelve percent (12%) per annum on the amount of such advance from the date thereof, recording fees, cost of tile search obtained in connection with such lien or the foreclosure thereof and court costs and reasonable attorneys ' fees which may be incurred in the enforcement of such a lien. b) Foreclosure of Lien. Subject to the provisions of 12.0 Rights of Mortgagees , such a lien, when so established against the lot described in said claim, shall be prior or superior to any right, title, interest, lien or claim which may be or may have been acquired in or attached to the real property interests subject to the lien subsequent to the time of filing such claim for record. Such lien shall be for the benefit of Declarant and may be enforced and foreclosed in a suit or action brought by Declarant in any court of competent jurisdiction, if brought within one year of the filing of such claim. Any such sale provided for herein is to be conducted in a:cordance with the provisions of the Civil Code of the State of Washington applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law. Declarant, through its duly authorized agents, shall have the power to bid on the l,iened property at any foreclosure sale and to acquire, lease, mortgage and convey the same. c) Cure. IF a default for which a notice of claim of lien was filed is cured, Declarant shall file or record a recision of such notice, upon payment by the defaulting Owner of the costs of preparing and filing or recording such recision, and other reasonable costs, interest or fees which have been incurred. 20- d) Nonexclusive Remedy. The foregoing lien and the rights to foreclose thereunder shall be in addition to, and not in substitution for, all other rights and remedies which any party may have hereunder and by law, including any suit to recover a monei judgment for unpaid assessments. If any Owner shall fail to perform such maintenance and repair and, notwithstanding such failure, Declarant should fail to exercise its rights and remedies hereunder, then, any other Owner, after fifteen (15) days' prior written notice to Declarant and such delinquent Owner, shall have the right, but not the obligation, to perform such maintenance and repair and shall have the same rights and remedies with respect thereto as are provided herein to Declarant. 5.7 Taxes and Assessments. If an Owner fails to pay taxes or assessments on its lot which becore a lien on any portion of subject property utilized for parking, service or loading areas, then any other Owner may pay such taxes or assessments, together with any interest, penalties and costs arising out of or related thereto, except while the validity thereof is being contested by judicial or administrative proceedings, and in such event the defaulting Owner obligated to pay such taxes or assessments shall promptly reimburse the other Owner for all such taxes or assessments, interest, penalties and costs paid or incurred by such other Owner and until such reimbursement has been made the amount of the payment by such other Owner shall constitute a lien on and charge against the lot of the defaulting Owner subject and subordinate, however, to any deed of trust then outstanding affecting said lot. 5.8 Refuse Collection Areas. All outdoor refuse collection areas shall be visually screened so as not to be visible from neighboring property or streets. No refuse collection areas shall be permitted between a street and the front of a building. 21- 5.9 Repair of Buildings. No building or structure upon any lot shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. 5. 10 Public Ut; lities. Declarant reserves the sole right to grant consents for the construction and operation of public utilities including, but not limited to, street railways, interurban or rapid transit, freight railways, poles or lines for electricity, telephone or telegraph, above or below ground conduits, and gas pipes in and upon any and all streets now existing or hereafter established upon which any portion of the subject property may now or hereafter front or abut. Declarant reserves the exclusive right to grant consents and to petition the proper authorities for any and all street improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, which in the opinion of Declarant are necessary on or to the subject property. Notwithstanding the provisions of Section 3.2, Declarant reserves the exclusive right to approve above ground utility lines across the subject property or any portion thereof on a temporary basis for the purpose of construction , and such lines shall be permitted when required by a government agency. 5.11 Utility Lines and Antennas. No sewer, drainage or utility lines or wires or other devices for the communication or transmission of electric current, power, or signals including telephone, television, microwave or radio signals, shall be constructed, placed or maintained anywhere in or upon any portion of the subject property other than within buildings or structures unless the same shall be contained in conduits or cables constructed, placed or maintained underground or concealed in or under buildings or other structures. No antenna for the transmission or reception of telephone, television, microwave or radio signals shall be placed on any building or other improvement within the subject property 22- unless (a) such antenna shall be so located that it cannot be seen from any point at the ground level of the subject property or (b) the consent of Declarant shall first be obtained. Nothing contained herein shall be deemed to forbid the erection or use of temporary power or telephone facilities incidental to the construction or repair of buildings on the subject property. 5.12 Mechanical Equipment. All mechanical equipment, utility meters, storage tanks, air conditioning equipment and similar items shall be located in such a manner so not to be visible from neighboring property. 5. 13 Mineral Exploration. No portion of the subject property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydro-carbons , gravel , earth or any earth substances or other minerals of any kind, provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of improvements within the subject property. Water may be extracted to the extent permitted by the appropriate governmental agency. 5. 14 Other Operations and Uses. Operations and uses which are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by Declarant in accordance with the procedures set forth in 3.0, of this Declaration. Approval or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to this Declaration or upon the occupants thereof, but shall be in the sole discretion of Declarant. 6.0 MODIFICATION AND REPEAL 6.1 Procedure. Except as otherwise provided in Section 6.2, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the 23- subject property or any portion thereof, with the written consent of the Owners of eight percent (80%) of the subject property, based upon the number of square feet owned as compared to the total number of square feet subject to these conditions, covenants and restrictions (excluding dedicated streets) ; provide, however, that so long as Declarant owns at least twenty percent (20%) of the property subject to these conditions, covenants and restrictions, or for a period of fifteen (15) years from the effective date hereof, whichever period is shorter, no such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. 6.2 Modification by Declarant. For so long as Declarant owns any interest excepting a leasehold interest) in the subject property, or any part thereof, or for a period of fifteen (15) years from the effective date hereof, whichever period is shorter, Declarant acting alone may modify or amend the provisions of 3.0, 4.0 and 5.0; provided, however, that (a) any such modification or amendment must be within the spirit and overall intention of the development as set forth herein; (b) prior to any such modification or amendment Declarant shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; and (c) any modification or amendment shall not provide for any type of improvements or use not presently permitted by this Declaration. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and a proper instrument in writing has been executed, acknowledged and recorded. 6.3 Governmental Regulation. All valid governmental enactments, ordinances and regulations are deemed to be a part of this Declaration and to the extent that they conflict with any provision, covenant, condition or restriction hereof, said conflicting governmental enactment, ordinance and regulation shall control and the 24- provision, covenant, condition and restriction hereof in conflict therewith shall be deemed (a) amended to the extent necessary to bring it into conformity with said enactment, ordinance or regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction; or (b) stricken here from should no amendment conforming to the governmental enactment, ordinance or regulation be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. 7.0 ENFORCEMENT 7.1 Abatement and Suit. The Owner of each lot shall be primarily liable, and the Occupant, if any, secondarily liable for the violation or breach of any condition, covenant or restriction herein contained. Violation or breach of any condition, covenant or restriction herein contained shall give to Declarant, following thirty 30) days' written notice to the Owner or Occupant in question except in exigent circumstances, the right, privilege and license to enter upon the lot where said violation or breach exists and to summarily abate and remove, or abate or remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing or condition trat may be or exist thereon contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to violate any of these covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause said violation to be remedied, or to recover damages for said violation. No such entry by Declarant or its agents shall be deemed a trespass, and neither Declarant nor its agents shall be subject to liability to the Owner or Occupant of said lot for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a binding personal obligation on any Owner or Occupant in violation of any provision of this 25- Declaration, as well as a lien (enforceable in the same manner as a mortgage) upon the lot in question. The lien provided for in this section shall not be valid as against a bona fide purchaser or mortgagee for value of the lot in question unless a suit to enforce said lien shall have been filed in a court of record in King County, Washington, prior to the recordation of the deed or mortgage conveying or encumbering the lot in question to such purchaser or mortgagee, respectively. 7.2 Right of Entry. During reasonable hours and upon reasonable notice, and subject to reasonable security requirements, Declarant, o its agents, shall have the right to enter upon and inspect any lot and the improvements thereon covered by this Declaration for the purpose of ascertaining whether or not the provisions of this Declaration have been or are being complied with, and neither Declarant nor its agents shall be deemed to have committed a trespass o other wrongful act by reason of such entry or inspection. 7.3 Deemed to Constitute A Nuisance. The result of every act or omission whereby any condition, covenant or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law Dr in equity against an Owner or Occupant either public or private, shall be applicable against every such result and may be exercised by Declarant. 7.4 Attorney's Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorney fees of the prevailing party or parties, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. The prevailing party shall be entitled to said attorney's fees even though said proceeding is settled prior to judgment.. 26- All remedies provided herein or at law or in equity shall be cumulative and not exclusive. 7.5 Failure to Enforce is No Waiver. The failure of Declarant to enforce any requirement, restriction or standard herein contained shall in no event be deemed to be a waiver of the right to do so thereafter or in other cases, nor of the right to enforce any other restriction. 8.0 ASSIGNMEN" Any and all of the rights, powers and reservations of Declarant herein contained may be assigned to any person, corporation or association which will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned, and upon any such person, corporation or association evidencing its consent in wr'ping to accept such assignment and assume such duties, he or it shall , to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. If a: any time Declarant ceases to exist and has not made such an assignment, a successor to Declarant may be appointed in the same manner as this Declaration ma: be modified or amended under Section 6. 1 . Any assignment or appointment mace under this article shall be in recordable form and shall be recorded. 9.0 CONSTRUCTIVE NOTICE AND ACCEPTANCE Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the subject property is and shall be conclusively deemed to have consented and agreed to every covenant, condition and restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the subject properly. 27- 10.0 WAIVER Neither Declarant nor its successors or assigns shall be liable to any Owner or Occupant of the subject property by reason of any mistake in judgment, negligence, nonfeasance, action or inaction or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any of said property by acquiring its interest therein agrees that it will not bring any action or suit against Declarant to recover any such damages or to seek equitable relief because of same. 11.0 RUNS WITH LAND All covenants, conditions, restrictions and agreements herein contained are made for the direct , mutual and reciprocal benefit of each and every lot of the subject property; shall create mutual equitable servitudes upon each lot in favor of every other lot; shall create reciprocal rights and obligations between respective Owners and Occupants of all lots and privity of contract and estate between all grantees of said lots , their heirs, successors and assigns; and shall , as to the Owner and Occupant of each lot, his heirs, successors and assigns , operate as covenants running with the land, for the benefit of all other lots, except as provided otherwise herein. 12.0 RIGHTS OF MORTGAGEES No breach of any covenant, condition or restriction herein contained, or any enforcement thereof, shall defeat or render invalid the lien of any mortgage or deed of trust now or hereafter executed upon the subject property or a portion thereof, provided, however, that if any portion of said property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any 28- purchaser at such sale and its successors and assigns shall hold any and all property so purchased subject to all of the covenants, conditions and restrictions contained in this Declaration. 13.0 CAPTIONS The captions of articles and sections herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular article or section to which they refer. 14.0 EFFECT OF VALIDATION If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not effect the validity of the remaining provisions hereof. DECLARANT J.A.G./Renton Properties Associates A Washington Partnership By: Alterra Corporation, a Washington Corporation, General Partner By: By: By: 29- t fir\ • ""' f• V •7 /,1 e t4 cvi W • v.—7--: ----. j'y 0" "7., , 7,-. ..,...;........,. :,..,,,,.% s.„.:. , e I , •Rift. I I i f- Imo.. M.. NOLOG ti RI[ *% .__".. " _ -151 f, 4 c 4 I Y v J0411%:. rIl i I Alio"' i„? ...1.-0-,...---- ---= ,.._. r ., \ ip 11IMEIggi=4:1-04: N ‘.:i ''.° _. o LEGAL DESCRIPTIONS PARCEL A That portion of the south half of Section 13, Township 23 North, Range 4 East , V.M. , in King County, Washington; and That portion of Junction Addition to City of Seattle, according to plat •recorded- in Volume 12 of Plats, page 75, in King County, Washington, together with vacated streets adjoining which would attach to said premises by operation of law, and of C.E. Brownell 's Donation Claim No. 41 , described as follows: Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 1092 .82 feet; thence N68'03'54"E 224.45 feet; thence N80'04 '48"E 232.00 feet; thence 542'06'08"E 87. 16 feet to the TRUE POINT OF BEGINNING; " thence N42'06'08"W 87. 16 feet; thence 580'04' 48"W 232.00 feet; thence N12'01 '00"W 40.75 feet; thence SE:59 '00"W 133.01 feet to a point of curve; thence along a curve to the right having a radius of 230.00 feet , through a central angle of 27'47' 31" an arc distance of 111 .56 feet to a point of compound curvature; the center of said curve bears N15'46' 31"E 160.00 feet; thence along said curve to the right, through a central angle of 70'48 ' 19" an arc distance of 197.73 feet; thence S82'15'00"W 67.68 feet; thence S3l'32'22'N 71 .06 feet; thence N81'11 '35"W 193.00 feet; thence 582'15'00"V 92.99 feet; thence S35'29'30"W 143.18 feet; thence N74944 '00"V 84.85 feet; thence S60'16'00"W 67.00 feet; thence S12'16'00"E 97.35 feet to the north line of a tract of land described in EXHIBIT 5 to Agreement recorded under King County Recording No. 8301050539; thence S68'06'46"W along said northerly line 375.53 feet to' the northerly line of a tract of land described in EXHIBIT 8 in said Agreement; thence northwesterly along said northerly line on a curve to the left, the center which bears west 195.01 feet, thru a central angle of 78'41 '24", an arc distance of 267.83 feet; thence N78'41 '241Wr along .said northerly line 180.00 feet to an angle point in said northerly line; thence N33'00'S4"111 along said northerly line 109.47 feet to the south line of the. Burlington Northern Railroad Right-of-Way, said point being a point on a curve, the center which bears S39'2.3'00"E 1853.00 feet; thence easterly along said • southerly line and curve to the right, thru a central angle of 2'01 '59", an arc distance of 65.75 feet to a point of compound curve; thence continuing along EXHIBIT A: 1 of 5 said south tine on a curve to the right the center of which bears S37'21 'O1"E having a radius of 10543.00 feet, an arc distance of 186.51 feet through a central angle of 01'00'49" to a point of compound curve; thence continuing along said south line ' on a curve to the right, the center of which bears S36'20' 12"E having a radius of 1657.00 feet an arc distance of 193.93 feet through a central angle of 06'42 '20" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears S29631152"E having a radius of 6738.00 feet , an arc distance of 197.76 feet through a central angle of OI'40'54" to a point of compound curve; thence continuing along said south line on a curve to the right , the center of which bears 527'56'58"E having a radius of 1768.00 feet , an arc distance of 194.45 feet through a central angle of 06' 18 '06" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears 521'38'52"E having a radius of 8603.00 feet , an arc distance of 204.54 feet through a central angle of O1'21 '44" to a point of compound curve; thence continuing along said south line on a curve to the right , the center of which bears 520' 17'08"E having a radius of 1922. 10 feet, an arc distance of 178.79 feet through a central angle of 05' 19'46" to a point of compound curve on the east line of said Charles Brownell Donation Land Claim No. 41 ; thence continuing along said south line on a curve to the right, the center of which bears 514'57'22"E having a radius of 2814.93 feet, an arc distance of 659.42 feet through a central angle of 13'25'19" to a point of compound curve; thence continuing along said south line on a curve to the right , the center of which bears 501'32 '03"E having a radius of 1165.09 feet, thru a central angle of 37'39' 19", an arc distance of 765.71 feet to a point which bears N41 '28' 10"E from the TRUE POINT OF BEGINNING; thence 536' 19 '35"W 188.63 feet to a point on a curve, the center which bears 536' 19 '35"W 967. 46 feet ; thence northwesterly along said curve to the left, thru a central angle of 4'39'32", an arc distance of 78.67 feet ; thence S38'54'22"W 451 .74 feet to a point on a curve, the center which bears S43'36'23"W 170.00 feet ; thence southeasterly along said curve to the right, thru a. central angle of 3'08 ' 37", an arc distance of 9.33 feet ; thence 543' 15 '00"E 20 .74 feet; thence 527'21 '32' V 44.74 feet to the TRUE POINT OF BEGINNING. PARCEL B-1 That portion of the south half of Section 13, Township 23 North, Range 4 East, W.M. In King County, Washington, of Junction Addition to the City of Seattle, according to the plat recorded in Volume 12 of Plats, page 75, records of said King County, and of C.E. Brownell's Donation Claim No. 41 , described as follows: 8eginning at the south quarter corner of said Section 13; thence NO0'58'28"E along the north-south centerline thereof 1092.82 feet; thence 568'03'54"W 351. 11 feet to the TRUE POINT OF BEGINNING; thence N68'03'54"E 575.56 feet; thence N12'O1 '00"W 40. 75 feet; thence S77'59'0O"V 133.01 feet to a point of curve; thence along a curve to the right having a radius of 230.00 feet, through a central angle of 27'47'31" an arc distance of'111.56 feet to a point of compound curvature; the center of said curve bears N15'46'31"E 160.00 feet; thence along said curve to the right, through a central angle of 70'48' 19" an arc distance of 197.73 feet; thence S82.15'00"V 67.68 feet; thence S31'32'22"W 71.06 feet; thence N81'11 '35"V 193.00 feet; thence S82°15'001d 92.99 feet; thence S35°29'30"W 143. 18 feet; thence N74'44'00"V 84.85 feet; thence 560'16'00"W 67:00 feet; thence 512'16'00"E 97. 35 feet; thence N68.06'46"E 53.79 feet to a point which bears N72'04'34"W from the TRUE POINT OF BEGINNING; thence S72'04 '•34"E 389.92 feet to the TRUE POINT OF BEGINNING. EXHIBIT A: 2 of 5 PARCEL B-2 That portion of the south half of Section 13, Township 23 North, Range 4 East, V.M. In King County, Washington and of Junction Addition to the City of Seattle, according to -plat recorded in Volume 12 of Plats, page 75, records of said King County, and of C.E. Brownell 's Donation Claim No. hi described as follows: Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along • the north-south centerline thereof 1092.82 feet; thence N68'03 '54"E 224.45 feet to the TRUE POINT OF BEGINNING; thence .S68'03'54' W 575.56 feet ; thence N72'04'34"V 389.92 feet; thence 568'06'46"V 429.32 feet; thence south 85.47 feet to a point of curve; thence on a curve to the left, having a radius of 60.00 feet, •thru a central angle of 126'52 ' 10", an arc distance of 132.86 feet; thence N53'07 '50"E 199. 18 feet to a point of curve; thence on a curve to the right , having a adius of 200.00 feet thru a central angle of 53'59'30", an arc distance of 188,47 feet; thence S72'52 '40"E 290.00 feet to a point of curve; thence on a curve to the left, having a radius of 197.00 feet, thru a central angle of 39'08'51", 'an arc distance of 134.60 feet; thence M67'58'29"E 380.92 feet; thence N31'27 ' 12"E 204.86 feet to the TRUE POINT OF BEGINNING. PARCEL B-3 That portion of the south half of Section 13, Township 23 North, Range 4 East, V.M. in King County, Washington; and of Junction Addition to the City of Seattle, according to the plat recorded in Volume 12 of Plats, page 75, records of said King County, together with vacated streets adjoining which would attach to said premises by opera- tion of Law; and of C.E. Brownell 's Donation Claim Mo. 41 , and of Tracts 25 and 26, Renton Shore Lands 2nd Supplemental Maps 1958, described as follows: Beginning at the south quarter corner of said Section ,13; thence NO0'58'28"E along the north-south centerline, thereof 1092.82 feet; thence N68'03 '54"E 224.45 feet to a point hereinafter called "Point A"; thence S68'03 '54"V 575.56 feet; thence N72'0k '3k"V 389.92 feet; thence S68'06'46"W 429.32 feet to the TRUE POINT OF BEGINNING; thence south 85.47 feet to a point of curve; thence on a curve to the left, having a radius of 6-0. 00 feat, thru a central angle of 126'52 ' 10", an arc distance of 132.86 feet; thence N53'07 °50"E 199. 18 feet to a point of curve; thence on a curve to the right , having a radius of 200.00 feet thru a central angle of 53'59 '30", an arc distance of 188.47 feet; thence 572'52'40"E 290.00 feet to a point of curve; thence on a curve to the left having a radius of )91.00 feet, thru a central angle of 39'08'51", an arc distance of 134.60 feet; thence N67.58'29"E 380.92 feet; thence N31'27' 12"E 204.86 feet to aforementioned "Point A"; thence N80'04'48"E 232.00 feet; thence S42'06'08"E 215.00 feet; thence 531'14'05"W 358.99 feet; thence 547.10'01"E 71 .34 feet; thence east 114.27 feet; thence south 68.91 feet to the southerly line of said Tract 25; thence along the southerly line of said Tracts 25 and 26, the following courses and distances: N88'15'00"V 180.65 feet; N33'07'25"V 154.51 feet; N27'21 '32"E 387.32 feet; N83.17'25"V 171 .17 fast; S46'22'22"W 324.66 feet; S72.37'52"V 458.93 feet; N70'54'02"W 354.53 feet; 573'56'01"W 130.08 feet; and 541' 16'07"V 316. 18 feet to the north boundary of a tract of land deeded to King County and described under King County Receiving Number 6607786; thence westerly along said north boundary on a curve to the left, the center which bears S39'41 '39"11 627.46 feet thru a central angle of 39'41'39", an arc distance of 434.70 feet; thence north along said north boundary 25.00 feet; thence west along said north boundary 245.69 feet; thence north 156.13 feet; thence N50'39' 19"E 330.21 feet; thence S78'41 '24"E 180.00 feet to a point of curve; thence on a curve to the right, having a radius of 195.01 feet , thru a central angle of 78'41 '2h", an arc distance of 267.83 feet to the TRUE POINT OF BEGINNING. EXHIBIT A: 3 of 5 PARCEL B-4 That portion of the southwest quarter of Section 13, Township 23 North, Range 4 East , V.M. In King County, Washington and that portion of Junction Addition to City of Seattle, according to plat recorded in Volume 12 of Plats.. page 75. records of said King County, together with vacated streets adjoining which would attach to said premises by operation of law, and of C.E. Brownell 's Donation Clai No. 41 , described as follows: Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 884.84 feet to the southeast corner of Tract 26, Renton Shorelands Second Supplemental Maps 1958; thence $72'37'52N 382.60 feet to an angle point In the south line of said Tract 26; thence N70'5-11'02'Y 354.53 feet to an angle point In the south line of said Tract 26; thence 573656'O1"V 130.08 feet to an angle point in the south line of said Tract 26; thence $41'16'07"V along the south line of said Tract 26 a distance of 316. 18 feet to the north boundary of a tract of land deeded to King County and described under King County Recording Number 6607786; thence westerly along said north boundary on a curve to the left, the center which bears S39'41 '39'1V 627.46 feet, thru a central angle of 35'41 '39"; an arc distance of 434.70 feet; thence north along said north boundary 25.00 feet; thence west along said north boundary 245.69 feet to the TRUE POINT OF BEGINNING; thence north 156. 13 feet; thence N50'39' 19"E 330.21 feet; thence H33'00'54"V 109.47 feet to the southerly margin of the Burlington Northern Railroad Right-of-Way, said point being a point on a curve, the center which bears 539'23 '00"E 1853 .00 feet; thence westerly along said southerly mmm.argin and curve to the left, thru a central angle of 3'59' 19", an arc distance of 129.00 feet to a pointof compound curve, the center of said curve bears S43'22' 19"E 4030.00 feet; thence westerly along said southerly margin and curve to the left, thru a central angle of 2'48'32", an arc distance of 197.57 feet to a point of tangency; thence 543'49' 09"V along said south margin 271 .00 feet to a point of curve; thence on a curve to the right along said southerly margin, having a radius of 1571 .00 feet, thru a central angle of 7'32'02", an arc distance of 206.57 feet to a point of compound curve, the center which bears N38'38'49"W 727.00 feet ; thence westerly along said southerly margin and curve to the right, thru a central angle of 16' 55'35", an arc distance of 214.77 feet to a point of cam pound •curve, the center which bears 1421 '43 ' 14"V 1055.00 feet; thence westerly along said southerly margin and curve to the right, thru a central angle of 11'21i008", an arc distance of 209.95 feet to a point of compound curve; the center which bears N10' 19'06'1%1 696.00 feet; thence westerly along said southerly margin and curve to the right thru a central of 3'44025", an arc distance of 45.43 feet to the easterly margin of the Charles Monster County Road; thence S34'18'31"E along said easterly margin 43.46 feet to the north boundary of said tract deeded to King County and described under King County Record- ing Number 6607786; thence N74'13Y19"E along said north boundary 443.31 feet; thence N59'53'47"E along said north boundary 377.52 feet; thence east along said north boundary 35.00 feet to the TRUE POINT OF BEGINNING. PARCEL C That portion of Tract 25, Renton Shorelands Second Supplemental and that portion of the southeast quarter of Section 13, Township 23 North, Range 4 East, V.M. , and that portion of the southwest quarter of Section 18, Township 23 North , Range 14 East, W.M. , all in King County, Washington described as follows: EXHIBIT A: 4 of 5 Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 1092.82 feet; thence N68'03'54'1 22M. 5 feet; thence N80'01 'h8"E 232.00 feet; thence S12'O6'08"E 87. 16 feet to the TRUE POINT OF BEGINNING; thence Sh2'06'08"E 127.8h feet; thence 531' 11, '05"W 358.99 feet ; thence Sh7' 10'01"E 71 .3h feet ; thence east 116.27 feet; thence south 68.91 feet to the south line of said Tract 25; thence S88'15'00"E along said south line and the north line of the south 650.00 feet of the southeast quarter of said Section 13, a distance of 2080.76 feet to the east line of said Section 13; thence 09'10'25"E along the north line of the south 650.00 feet of the southwest quarter of said Section 18, a distance of 81 .57 feet to the south line of the Burlington Northern Railroad Right-of-Way; thence N71'29'03"V along said south line 85.52 feet to the east line of said Section 13; thence N71'29'03"W along said south line 826.56 feet to a point of curve; thence on a curve to the right along said south line , the center which bears N18'30'57"E 1005.37 feet , thru a central angle of 33'5;'00", an arc distance of 596.81 feet; thence N37'35'03"W along said south line 308.70 feet to a point of curve; thence on a curve to the left, along said south line, the center which bears S52'214'5711 1165.09 feet, thru a central angle of 16'17' 41", an arc distance of 331 .35 feet to a point which bears N1.1'28'10"E fro. the TRUE POINT OF BEGINNING; thence S36'19'35"V 188.63 feet to a point on a curve, the center which bears S36'19'35"W 967.46 feet; thence northwesterly along said curve to the left, thru a central angle of h'39'32", an arc distance of 78.67 feet; thence S38'54'22"* 1151 .7h feet to a point on a curve, the canter which bears 5-43'36'23N 170.00 feet; thence southeasterly along said curve to the right, thru a central angle of 3'08'37", an arc distance of 9.33 feet; thence S43' 15 '004 20.7h feet; thence 527'21 '32N 114.•714 !bet to the TRUE POINT OF BEGINNING. EXHIBIT A: 5 of 5 OF R4, , s THE CITY OF RENTON Aft4:Pe MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 bsIL BARBARA Y. SHINPOCH, MAYOR 0 LAND USE HEARING EXAMINER FRED J. KAUFMAN. 235-2593 9,4, SEP1E P April 18, 1986 c; r !, Barbara E. Mdss j -I Director of Planning APR 1 81e86 First City/Schuman 800 Fifth Avenue, Suite 4170 Lam!_!-.011i(3/71;1%1,,I , Seattle, Washington, 98104 f Re: SP-090-84 rmit for Grading and Filling Black River Technology Park Dear Ms. Moss: The above entitled matter is dismissed this date pursuant to our letter to you dated April 3, 1986. If you wish to reinitiate your request, you may contact the Building and Zoning Department for application details. Sincerely, rib+ FRED J. KAUFMAN HEARING EXAMINER FJK/dk •• cc: /3uilding and Zoning Department City Clerk Del Bonds, Alterra Corporation k:: OF 14,, A 0 (alp-& 4.; 7.THE CITY OF RENTONti. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 z ea No BARBARA Y. SHINPOCH, MAYOR ® LAND USE HEARING EXAMINER 90,9 0Pv FRED J. KAUFMAN. 235-2593 SEPIt- April 3, 1986 Barbara E. Moss Director of Planning First City/Schuman 800 Fifth Avenue, Suite 4170 Seattle, Washington, 98104 Re: SP-090-84 Special Permit for Grading and Filling Black River Technology Park Dear Ms. Moss: I have reviewed the file in this matter along with your correspondence regarding thesubjectsite. Since this item was not diligently pursued. it will be dismissed within 14 days of this date. If this office can be of further assistance. please give us a call. Sincerely, co ..,'.4 t- 461.tl a FRED J. KAUFMAN HEARING EXAMINER FJK/dk- cc:City Clerk Building and Zoning Department Del Bonds, Alterra Corporation Ciiy p FIRSTCITY EQUITIES MAR U41986 March 4, 1986 S'U1LD,w , Design Review Officials CITY OF RENTON 200 Mill Ave. S. Renton, WA 98055 Hearing Examiner Fred Kaufman Environmental Review Committee Larry Springer Dick Houghton Ron Nelson Building & Zoning Dept. Roger Blaylock Jerry Lind Jim Hansen Public Works/Engineering Bob Bergstrom Fire Department Jim Gray Re: Conceptual Master Plan/Total Development Picture VALLEY 405 BUSINESS PARK Gentlemen: As most of you are aware, First City Equities has recently purchased the Black River Technology Park property just north of and adjacent to our Valley 405 Business Park. We are also in the process of purchasing the Burlington Northern parcel to the west and adjacent to Tract A of the Valley 405 Business Park. We are incorporating these properties into the Valley 405 Business Park as one complete development. Our architect, (LPN/Royce A. Berg, AIA,) our landscape architect, (Mitchell Nelson Group,) our engineers, (Bush, Roed & Hitchings,) and our graphics design firm, The GNU Group,) have been working to create an overall design concept, the master site plan, for the entire property. Up to this time we have been submitting for site plan approval on a phase by phase basis. This has caused some areas of concern in that the City of Renton has not had the advantage of seeing our intended master site plan for the entire property. Now that it is complete, we . would like to present it to you. 800 Fifth Avenue•Suite 4170•Seattle,Washington 98104•(206)624-9223 Real Estate Development and Investments Design Review Official CITY OF RENTON March 4, 1986 Page Two We would like to meet with all of you on March 12 at 1:30 in your offices to present pur design concepts for development of the entire property. Included in detail: will be the master site plan, conceptual building layouts, enhanced water features . including -natural amenities as well . as formal fountains, ways in which people will take advantage -of the natural amenities of the property, signage details, jogging trails with exercise stations and par course events, median strips, bridge treatments, street landscaping, bollards, special paving and site lighting. We would like to take the time now to go •over the entire development scheme in order to give you all the vision of what the Valley 405 Business Park will be once development is complete. We feel this will benefit you in your review process of site plan approvals and building permit applications, which will continue to be submitted on a phase by phase basis. Since First City 'Equities' • entire project team will include at least seven of us and since there could. be as many as nine or more attending .from the City, I would suggest we use a room . large enough, such as the Council Chambers, to make this presentation. We will come prepared with slides for easy viewing by all participants. If you could please arrange to have a screen available for our. V use, it would be greatly appreciated. If one of you V could contact me to confirm this meeting date and time as well as room availability, I would appreciate it. And if there are others in the City who would like to be part of the presentation, please feel free to include them. We're very much looking forward to sharing with you our vision for Valley 405 - Business Park. Very truly yours, FIRST CITY EQUITIES e `7a1. Barbara E. Moss Director of Planning BEM/dlp cc: Royce Berg Dennis Schmidling Ted Holden John Nelson Bob Roed David Schuman Greg Byler- i , fir, OTC OFA. ds O THE CITY OF RENTON Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 BARBARA Y. SHINPOCH, MAYOR © LAND USE HEARING EXAMINER 9'O O FRED J. KAUFMAN. 235-2593 09q O SEPISk° March 4, 1986 Barbara E. Moss Director of Planning First City/Schuman 800 Fifth Avenue. Suite 4170 Seattle, Washington, 98104 Re: SP-090-84 Special Permit for Grading & Filling Black River Technology Park Dear Ms. Moss: I have reviewed your letter of February 26. 1986 and my response follows. This Office does not issue extensions of Special Permits, nor does it determine, outside of an administrative appeal process, whether a permit is in fact valid, expired or otherwise void. The determination you seek should be sought from the Building and Zoning Department. Without expressing any opinion on whether your permit has expired. I will inform you that determinations of this Office as well as Court decisions upholding similar such decisions indicate that if a permit has in fact expired, it cannot be extended. It is only prior to expiration that a permit can be lawfully extended. If the determination of the Building and Zoning Department does not meet with your satisfaction. and you believe they have made an error which is appealable, you may file such appeal with this Office. First though, the Building and Zoning Department must be given an opportunity to rule. If this Office can be of further assistance, please feel free to call. Sincerely, IAA- FRED J. KAUFMAN HEARING EXAMINER FJK/dk cc: puilding and Zoning Department City Clerk d, ti r..rt. j :4-''l,, k a ,..-.,. y` o aY,:,ir • FEB26 1986 FIRST c8'Y' OF REI''®6'i8CONEARINGEXAMINER SCHUMAN February 26, 1986 Mr. Fred J. Kaufman Land Use Hearing Examiner CITY OF RENTON Municipal Bldg. 200 Mill Ave. S. Renton, WA 98055 Re: SP-090-84 Special Permit for Grading & Filling BLACK RIVER TECHNOLOGY PARK Dear Mr. Kaufman: First City/Schuman has recently acquired the Black River Technology property from Alterra Corporation. At the time we purchased the property we were under the mistaken impression that a grade and fill permit had been issued. Over the past six weeks I've put together what I believe to be the pertinent facts regarding the permit to grade and fill the property and am presenting them to you in the hopes that you will render a positive decision instating the viability of the Special Permit (SP-090-84) which would then lead to the Building and Zoning Department issuing a license to accomplish the work. The Alterra Corporation submitted to the City of Renton on 8-24-84 ten sets of plans and three applications for a fill and grade permit along with a check for $4,700 covering fees for a variance, a preliminary plat, a fill and grade permit, and E.I.S. fees for fill only. This submittal included a request through the Building Department for a license for the fill and grade permit. On 12-4-84 the Land Use Hearing Examiner, yourself, issued an approval for the Special Permit for fill and grade subject to certain conditions, including the posting of a revolving cash bond for $5,000 to permit City crews to clear the haul route of debris deposited by the applicant if the applicant failed to do so, and the posting of a $25,000 bond to provide for repair of any street damaged by the applicant during the hauling operation. This special permit approval was issued along with approval of the preliminary plat (PP-089-84) and approval of a variance (V-091-84) to construct a cul-de-sac on the property. The preliminary plat was subject to the formal filing of the Conditions, Covenants Restrictions submitted by the applicant. 800 Fifth Avenue•Suite 4170•Seattle,Washington 98104 (206)624-9223 Mr. Fred J. KaufmanL February 26, 1986 Page Two In the ensuing months, the Alterra Corporation worked with the City of Renton on acceptable terminology for the bond form, a condition of the special permit approval. On 9-26-85, Michael Courtnage of the law offices of Alston, Courtnage MacAulay sent Roger Blaylock a copy of the proposed bond terminology. On 11-12-85, Roger Blaylock sent Michael Courtnage a letter accepting the proposed bond form. Included in Mr. Blaylock's letter was a recommendation to Alterra Corporation to be sure to check with the Army Corps of Engineers as to the possibility of their taking jurisdiction on the Black River Technology Park property. Should the Corps take jurisdiction, no fill and grade permit could be activated without the Army Corps of Engineer's 404 permit being secured first. Del Bonds of Alterra met with a representative of the Corps on 11-6-85. On 11-7-85, Mr. Bonds delivered to the Corps a letter requesting their decision as to jurisdiction. On 11-14-85, the Corps held an onsite inspection of the site to determine jurisdiction. On 12-16-85 the Corps issued a letter denying their jurisdiction for this property. Additionally, on 11-5-85, Richard Carruthers Associates received from the Hearing Examiner a request to finalize and record the CC&Rs by 5:00 p.m. on 11-15-85. To comply with the condition of the preliminary plat). On 11-13-85, Alterra Corporation submitted the CC&Rs as requested. On 12-31-85, First City/Schuman purchased the property from the Alterra Corporation and inherited a somewhat dubious preliminary plat approval, special permit approval, and variance approval. The Alterra Corporation felt they had complied with all of the conditions for the approval of these permits' and if they had not complied with the letter of the law in terms' of the final bonds, they had at least complied with the spirit of the law in arriving at an agreed upon form acceptable to the City, one which they were prepared to submit in order to secure their permits. It seemed inappropriate to Alterra to submit bonds on the property in December of '85 when First City/Schuman was about to purchase the property. It also seemed inappropriate to the Alterra Corporation to submit bonds when the Army Corps of Engineers was indicating that their special permit would be invalid if jurisdiction was accepted on their site until a 404 permit was secured. At this time, although First City/Schuman thought they had a valid filling and grading permit for the property, we realize that the permit itself may be in jeopardy. I am writing you to request that you make a determination as 'to the viability of both the special permit and the license as submitted to the City of Renton for a grade and fill permit on the property. First City/Schuman will supply you with both the $5,000 cash bond and the $25,000 street damage bond as a condition of issuance of the permit itself and we will do so immediately upon your decision to validate the special permit and the license itself. The code requires that the license must be applied for within six months of approval of the special permit. Apparently that application was made prior to the special permit approval itself and therefore I am in hopes that both the license and the special permit will be considered valid at this time. I have enclosed for your information copies of all letters referenced and I am available to discuss the entire issue if you have questions and would like any additional information. It is very important to us to secure this grade and fill permit at this time. Your help in clarifying the viability of the special permit and Mr. Fred J. Kaufmar:_ 6.F;' if February 26, 1986 Page Three license is integral to that development and is appreciated. Very truly yours, FIRST CITY/SCHUMAN Barbara E. Moss Director of Planning BEM/dlp Enclosures cc: Michael Courtnage Del Bonds Royce Berg Bob Roed David Schuman Greg Byler Elliott Severson CITY OF RENTON 20r RECEIPT • 8dY7ILDING & ZONING DEPARTMENT ZONING DIVISION NAME 1. I. (4 - R E VTD N ASS OCT FS' DATE . 4-0(9 . 3 D 19 e PROJECT 31 ftcK t'i r= 1 , C/-1Prc t Pore LOCATION F19 l",7g Q US filo0 ,4-v.9 5"L U E f-l)dV Der: r _ DOLLARS BASIC FEE ACREAGE FEE APPLICATION TYPE TOTAL FEE 000/341.82.03 ezone onditional Use S 0 ariance & Other p p£J dministrative Appeal hort Plat 75 00 Q f. lat 8SS 00 rx r l Sqs c)0 110/341.82.03 inal Plat 000/341.90.00 IS Fees C F_4190 p ) 10 c 00 000/341.84.00 ale of maps/Dub. 00/369.90.18 iscellaneous Copies Cash l® PP C.t_ Sub Total 7fJU Check Tax Total Y 700 V O C BY: 1"\-).\ Qde___ is 4 f.3:.1.ro+ - R: 'l'...,,.y!f;, _•^.Y,,,,^- V'jn-,;Yr :¢ 1'}:''C3^'-`,7•':'" ,;v'.;t',.., _ _•-i'r-•- « n r'•^.7irF}.•.jv._. .,::.• u•i ,,,;'vY•.;r,G•1) .9p_` r'r:.•, _..<. i'r. M.r l.. •'t''`:%•• 1., t, r f..,;1 }N_yr n' H4'ir Ar I! Y' .,.1'LiY Sr;`:li r., • ,%•'i1tai'J'sl),. tkc,`i• i t• i;. ..'Y{ . 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MACAULAY SUITE 3450 • FIRST INTERSTATE CENTER TELEPHONE 999 THIRD AVENUE 623.7600 THADDAS L ALSTONSEATTLE,WASHINGTON 98104 474012525 SEA Ul MICHAEL S.COURTNAGE TELECOMS( ROBERT C.MacAULAY 206)622-2522 September 26, 1985 Mr. Roger Blaylock Zoning Administrator Building & Zoning Department City of Renton 200 Mill Avenue South Renton, Washington 98055 Re: Alterra Corporation - File No. PP-089-84, SP-090-84 and V-091-84 Dear Mr. Blaylock: We have been requested by Alterra Corporation to assist it in connection with a problem related to the form of the $25,000 Performance Bond which is required in connection with the above-numbered files. A copy of the bond requested by the City of Renton is enclosed for your reference. Our problem with the bond is that it allows the City of Renton to unilaterally forfeit the bond without first advising our client or the surety of the problem and permitting them to attempt to cure the problem. While we presume that the City would follow such a procedure as a matter of good municipal practice, surety companies insist upon something more than an expectation when issuing a bond. The problem could be resolved if the City were to agree to insert the following language, or similar language, into the last paragraph of the bond: Q°If the City of Renton believes that the principal is deficient in its performance of the above require- ments, then the principal and surety shall be notified thereof in writing and permitted a reasonable period of time to cure the deficiency before any action is taken to forfeit the bond. " 5, r, bra c• t'. ;'r.• ,o•}; ^;.r, r;:.y d•r•, " 1-, Ari' srµr I_ I• J i r r ALSTON, COURTNAGE SL MACAULAY Mr. Roger Blaylock September 25, 1985 Page Two Please call me so that we can discuss the matter. Very truly yours, ALSTON, COURTNAGE & MacAULAY Michael S. Cou n e Enclosure cc: Mr. Del Bonds bjf e. Ve W fiVOLP 4. t. f' r • OF RFC p o THE CITY OF RENTONmax MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o BARBARA Y. SHINPOCH, MAYOR ® LAND USE HEARING EXAMINER o Pco FRED J. KAUFMAN. 235-2593 9 T6.0 SEP.T 5 November 5, 1985 Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington, 98122 Re: Alterra Corporation PP-089-84, SP-090-84 & V-091-84 Dear Mr. Carothers: A public hearing on the above matter was held on November 20, 1984. The Report and Decision was rendered from this Office on December 4, 1984. This Office wrote to you on August 21, 1985 requesting that the formal C.C.& R's for this proposal be formally filed to enable the matter to be presented to the City Council for their review. Due to the length of time this matter has been pending, with no contact from your office, be advised that I will hold the matter open until 5:00 P.M., Friday. November 15, 1985. If we have not received a response by your office by the above stated time and date. the matter will be considered dismissed. Sincerely, FRED J. Ak UFMAN HEARING EXAMINER FJK/dk cc: City Attorney ity Clerk f Alterra Corporation Building & Zoning Department 6 ,,' r•` ye Y ; '' rat'',rw '" yp fz..•:.-+'r^,7._.--_.. S..F. tIRTi,'{•V . Yr'r:<' a 4r,:f:'• :'i• t[; 7. ': Y.. ':.fF Y.j•`.t.li.;...^:,.'.' .'1,` t'4<2i-f YSd;!j' •per, >..{'ia::;..: e:'irtic ;.: +'r; '; • .t. i;t;. F'.i:•'. I// : ry, ik i. 14: 1.:.. _..'t.i i:Y.>f5:%•?;'',`.. c4''.1.R':/81..'i;.,.t,';." •:3', .. i I ry SALTERRA CORPORATION REAL ESTATE -INVESTMENTS 710 CHERRY STREET SEATTLE, WASHINGTON 98104 206) 382-0333 Operations Division Department of the Army Corps of Engineers 473S East Marginal Way So. Seattle, Washington 98134 November 7, 198S Hand Delivered Dear Mr. Pojtinger, It was a pleasure meeting with You and Mr. Tom F. Mueller yesterday, concerning our Project in Renton The Black River Technology Park) . As I mentioned, we are currently in the process of implementing plans to develop the above project, and have the required approvals from the City of Renton, and King County concerning zoning, grade and fill permits, and preliminary plat (including CC & R'a and Landscape guide- lines) . To keep your agency informed as to this development, since we have been a contributor to the P-1 Channel Project, with the donation of twenty acres as a preserve and for the enlargement of the current King Co. Pump Plant) , I would appreciate Your time to inspect the site with myself in the near future, so that You may see first hand the scope of this project, and have and opportunity to review the develop- ment guidelines concerning the Preserve Area; which will be maintained in its present state for the benefit of the Public. I will make myself available to inspect the site with You, and look forward to hearing from You in the near future. i cer-1 Yours, 01 Delton J. Bonds Alterra Corp. President fie:. . c;':,'lv,;.';:! 'il1 / I T J 1'•" 1'? OF I BUILDING & ZONING DEPARTMENT v ®® 7 z RONALD G. NELSON - DIRECTOR n p MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 9,o co• 0, 917-ED SEPT- O BARBARA Y. SHINPOCH MAYOR N81/ 1 198- November 12, 1985 Mr. Michael Courtnage Alston, Courtnage & MacAulay First Interstate Center, Suite 3450 999 Third Avenue Seattle, Washington 98104 RE: ALTERRA CORPORATION. FILE NO. PP-089-84, SP-090-84, AND V-091-84 Dear Mr. Courtnage: We have reviewed your request to change the language of the performance bond associated with the above files. The City Attorney has no objection to the modification: however. they would make a change in the language from the word "reasonably" to "a thirty day" period of time. The attorney states that since the change does not affect;the City markedly he does not see any reason why we could not agree to it. In addition, you should be aware that the Army Corps of Engineers is requiring review of any developm'nt on property that could be questionably wetland and may require a 404 permit from the Army Corps of Engineers. Therefore. we would recommend that you contact the Army Corps immediately. Sincerely, Roger J. Blaylock Zoning Administrator RJB:ss 2048Z n-• - ram, i• •};.,.,;, i•.k a r. k.`r"a i a .x•.• __ .. .. f'.. 'r',I.}''._'. • ..-. -. .. r ....T''%t.... ._., . .- irdo , 1 Q: , ,, , DEPARTMENT OF THE ARMY w, 4T' • ' ,, A SEATTLE DISTRICT. CORPS OF ENGINEERS w' io P.O. BOX C-3735 I , SEATTLE, WASHINGTON 9 8 1 2 4-225 5 e rt sr, IMPLY TO fl+ DEC 16 1985t-i row or Regulatory Branch Delton J. Bonds, President Alterra Corporation 710 Cherry Street Seattle, Washington 98104 Dear Mr. Bonds: This is in reply to your letter of November 7, 1985, concerning proposed fill in wetlands at Renton, Washington. You inquired whether the site to be filled is considered a wetland under Corps of Engineers regulatory authority. A Department of the,Army permit under Section 404 of the Clean Water Act is required for the discharge of any dredged or fill material into waters of the United States, including adjacent wet- lands. The term "wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The Corps of Engineers has the respon- sibility for determining whether a specific wetland area is within Section 404 jurisdiction. We have reviewed the information you furnished as well as data gathered during our onsite inspection on November 14, 1985. We determined that wetlands are present on the project site. However, these wetlands are not considered adjacent wetlands under our regulatory authority. A Department of the Army permit will not be required to place fill into this area. If you have any questions regarding this matter, please contact Mr. Rudolf Pojtinger, telephone (206) 764-3495. Sincerely, d', ,...."'//11 14 arr E. Baxter // y . Chief, Regulatory Branch w.s" ;v. `. ni 2 rTiy^' S';?• ii'7.:`" 1• i'.C„,:t'.• .7t. 4 p A r.isti is 15.p`` fitf+i: i t ..,` , •. .. , .. J is:, . .. _r _ •.. ... dt_._-..•.,. 7. ALTERRA CORPORATION REAL ESTATE-INVESTMENTS 710 CHERRY STREET SEATTLE, WASHINGTON 98104 206) 382-0333 Mr. Fred J. Kaufman Hearing Examiner The , City of Renton Municipal Building 200 Mill Ave. So. Renton, Washington 98055 November 13, 1985 Re: Alterra Corporation Submittal of Design Guidelines, CC&R's, Dear Mr. Kaufman, and Preliminary Plat Pursuant to your letter, dated November 5, 1985, in which you advised us that filing of the above matters should be accomplished no later than 5:00 P.M. , Friday November 15, 1985, please be advised that I have submit- ted six copies of the following documents: 1) Completed Application Form, 2) Plot Plans, 3) Vacinity Maps, 4) Justification These documents, together with the required filing fee, have been submitted to' the City of Renton. I will continue to monitor the progress of these documents, and assist in any manner possible to complete whatever requirements re- main in a timely manner. Sincerely, Delton J. Bonds. Alterra Corporation President DJB;sb cc: Richard Carothers row. Michael Courtnage Ronald Neubauer Nov 14 1985 CITY OF RENTON HEARING EXAMINER OF R V ei BUILDING & ZONING DEPARTMENT rt.h RONALD G. NELSON - DIRECTORZ.4, 09 amp MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 a 235-2540 0, 911eo SEPW# BARBARA Y. SHINPOCH MAYOR November 12, 1985 Mr. Michael Courtnage Alston, Courtnage & MacAulay First Interstate Center, Suite 3450 999 Third Avenue Seattle, Washington 98104 RE: ALTERRA CORPORATION, FILE NO. PP-089-84, SP-090-84, AND V-091-84 Dear Mr. Courtnage: We have reviewed your request to change the language of the performance bond associated with the above files. The City Attorney has no objection to the modification; however, they would make a change in the language from the word "reasonably" to "a thirty day" period of time. The attorney states that since the change does not affect the City markedly he does not see any reason why we could not agree to it. In addition, you should be aware that the Army Corps of Engineers is requiring review of any development on property that could be questionably wetland and may require a 404 permit from the Army Corps of Engineers. Therefore, we would recommend that you contact the Army Corps immediately. Sincerely, Roger J. Blaylock Zoning Administrator RJB:ss 2048Z OF I A 4. Q , . i':; k ° THE CITY OF RENTON U t$ tr MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 BARBARA Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER co- p _ FRED J. KAUFMAN-. 2-35---2593 7-F0 SEP11 November_ 5, 1985 Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington, 98122 Re: Alterra Corporation PP-089-84, SP-090-84 & V-091-84 Dear Mr. Carothers: A public hearing on the above matter was held on November 20, 1984. The Report and Decision was rendered from this Office on December 4, 1984. This Office wrote to you on August 21, 1985 requesting that the formal C.C.& R's for this proposal be formally filed to enable the matter to be presented to the City Council for their review. Due to the length of time this matter has been pending, with no contact from your office, be advised that I. will hold the matter open until 5:00 P.M., Friday, November 15, 1985. If we have not received a response by your office by the above stated time and date, the matter will be considered dismissed. Sincerely, FRED J. a. UFMAN HEARING EXAMINER FJK/dk cc: City Attorney City Clerk Alterra Corporation Building & Zoning Department OF RA, OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON U 4$Q POST OFFICE BOX 626 100 S 2nd STREET 0 RENTON, WASHINGTON 98057 255-8678 NEIL pan 2' LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 90 Q Co' DAVID M. DEAN,ASSISTANT CITY ATTORNEY 9 rFo SEP •c_ MARK E. BARBER, ASSISTANT CITY ATTORNEY ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY October 7, 1985 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY TO: Roger Blaylock, Zoning Administrator OCT 1985 FROM: Lawrence J. Warren, City Attorney iti';:. __r;;;;,, RE: Modification to Performance Bond Form - Alterra Corporation File No. PP-089-84 Dear Roger: The proposed change to the performance bond is really no change at all. I have no problem with the change although I believe that we ought to change the word "reasonable" to "a thirty day" of time. I think the request is unusual since we have used this performance bond for quite sometime and have never had a bonding company or contractor object to the words . However, since the change does not affect the City markedly, then I see no reason why we could not agree to it. Lawrenc J. Warren LJW:nd cc: Mayor OF R w ' BUILDING & ZONING DEPARTMENT RONALD G. NELSON - DIRECTOR NIL 0 ® MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 0, 94T6'D SEP1 `. BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: October 3, 1985 TO: Larry Warren, City Attorney FROM: Roger Blaylock, Zoning Administrator SUBJECT: MODIFICATION OF PROPOSED PERFORMANCE BOND FORM ALTERRA CORPORATION/FILE NO. PP-089-84 Mr. Michael Courtnag has proposed modifying the bond form that the City presently uses to allow their client a reasonable time period to cure the deficiency before action is taken to forfeit the bond. Since bonding is closely reviewed by the City Attorney, I have referred the item to you. I would suggest that instead of a subjective term as reasonable" that a specific time period such as 60 or 90 days be placed in that spot. RJB:ss 1967Z LAW OFFICES OF ALSTON, COURTNAGE & MACAULAY SUITE 3450 • FIRST INTERSTATE CENTER TELEPHONE 999 THIRD AVENUE 206)623-7600 SEATTLE,WASHINGTON 98104 TELEX THADDAS L.ALSTON 4740125 SEA Ul MICHAEL S.COURTNAOE TELECOPIER ROBERT C.MAcAULAY 206)622-2522 September 26, 1985 ri; 1TY OF i:E, I", rc•; D7Lr1."7 IL r r Mr. Roger Blaylock SEP 7 1985 Zoning Administrator Building & Zoning Deartment El.UlLDING/Zon ;,},; PTCityofRenton 200 Mill Avenue South Renton, Washington 93055 Re: Alterra Corporation - File No. PP-089-84, SP-090-84 and V-091-84 Dear Mr. Blaylock: We have been requested by Alterra Corporation to assist it in connection with a problem related to the form of the $25, 000 Performance Bond which is required in connection with the above-numbe:ed files. A copy of the bond requested by the City of Renton is enclosed for your reference. Our problem with the bond is that it allows the City of Renton to unilate.:ally forfeit the bond without first advising our client or the surety of the problem and permitting them to attempt to cure the problem. While we presume that the City would follow such a procedure as a matter of good municipal practice, surety companies insist upon something more 'than an expectation when issuing a bond. The problem could be resolved if the City were to- agree to insert the following language, or similar language, into the last paragraph of the bond: If the City of Renton believes that the principal is deficient in its performance of the above require- ments,, then the principal and surety shall be notified thereof in writing and permitted a reasonable period of time to cure the deficiency before any action is taken to forfeit the bond. " ALSTON, COURTNAGE & MACAULAY Mr. Roger Blaylock September 25, 1985 Page Two Please call me so that we can discuss the matter. Very truly yours, ALSTON, COURTNAGE & MacAULAY Michael S. Cour n e Enclosure cc: Mr. Del Bonds bjf ram, PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS that we as principal and a Corporation organized and existing under and by virtue of the laws of the State of and authorized to transact surety business in the State of Washington, as surety, are held and firmly bound onto the City of Renton, State of Washington, in the sum of lawful money of the United States of America, for payme nt of which, well and truly to be made, we hereby bind ourselves and our heirs, and executors and administrators, and each of our successors and assigns, jointly and severally; firmly by these presents. The conditions of this obligation are such that the above-named principal has applied to the Renton Building & Zoning Department to grant on property described in this file and in connection with this application, if it is granted, s1:.:.11: 41') SEP 2 41985 ALSTON,C•ZTN GMacAy " NOW, THEREFORE, if the above named principal shall complete the above require- ments to the approval of the City of Renton Building & Zoning Department, then this obligation shall be void; otherwise to remain in full force and effect. If' the principal fails to complete the above requirements, the surety herety guarantees their performance. In the event the above requirements are not complied with by either the principal or surety, the bond shall be forfeited to the City of Renton, and the principal hereby grants unto the City of Renton the rir`,c of entry to this property in order to fulfill these conditions. Signed, sealed and delivered this day of 19 Princ i.pal 0735E December 4, 1984 I OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND DECISION. APPLICANT: ALTERRA CORPORATION FILE NO. PP-089-84, SP-090-84 and V-091-84 LOCATION: Vicinity of S.W. 4th Place and Neches Avenue S.W. SUMMARY OF REQUEST: Approval of Preliminary Plat to subdivide 71.16 acres Into 46 lots for future office/warehouse use; approval of Special Permit to fill and grade 425.500 cubic yards of material; and Variance to allow cul-de-sac length of 2500 feet. SUMMARY OF ACTION: Building and Zoning Department Recommendation: Approval. Hearing Examiner Decision: Variance Is approved. Special Permit is approved subject to conditions and Preliminary Plat is approved subject to filing of C.C.& R.'s by the applicant. BUILDING & ZONING The Building & Zoning Department Report was DEPARTMENT REPORT: received by the Examiner on November 13, 1984. PUBLIC HEARING: After reviewing the Building and Zoning 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 November 20, 1984. at 9:35 A.M. In the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered Into the record: Exhibit 01 - Yellow file containing application, proof of posting. and other documents pertinent to this application. Exhibit 02 - Preliminary Plat dated 11/5/84. Exhibit #3 - Erosion Control Plan dated 6/29/84. Exhibit #4 - Bound book of technical specifications for proposed project. The hearing was opened and Roger Blaylock. Zoning Administrator, presented the report from staff. He began by describing the topography of the site and the request to fill stating the applicant has been careful to provide a hydroseeding plan to assure the maintenance of adjacent water quality In natural areas south and west. The Public Works Department will review all erosion control measures. Deterioration of the roads was discussed because of the heavy weight of the vehicles to be used for hauling the fill. The possible use of railroad cars was suggested as the railroad tracks are adjacent to the site. The Variance request is to allow a cul-de-sac length of 2500 ft.; the maximum length normally permitted by ordinance is 500 feet. Mr. Blaylock stated the existing zoning of the site is in compliance with the Comprehensive Plan. with part of the site placed into a greenbelt preservation under the original rezone. Approximately 27% of the site has an easement on it which precluded any development except for maintaining the greenbelt around the P-1 Channel. The public road is approximately 5.3 acres, walkways are about 1/2 an acre. there is a total of 46 lots of approximately 3/4 to 1 acre size. The site will be raised approximately 5 to 6 ft. with the fill. and It was pointed out In the design that specific stands of trees, because of the size requirement to be preserved, have been tied in with culverts so water_will go into those areas. The applicant will also be using an erosion control fence along the perimeter of the area to prevent sedimentation from entering the natural area of the site. Altera Corporation PP-089-84, SP-090-84 a" V-091-84 December 4, 1984 Page 2 Continuing, It was pointed out that the site is accessed off of S.W. 7th Street by 2 streets, Naches Ave. S.W. and Powell Ave. S.W.. The applicant has oversized the width of the cul-de-sac pavement to provide relief for access, and has provided a secondary emergency access for fire and police protection into the site. This will not be a public street. It will be a right-of-way constructed with 24 ft. of pavement, and the waterline will be looped along the pavement for use by the fire department. It was suggested that the Plat be designated to show no parking on the streets. The Public Works Department will need an all-weather access road for maintenance of the utility, and If designed correctly, that road could also be used as an emergency access road to the site. The special permit is to bring in approximately 425,000 cubic yards of material. The issue with the permit is the impact on the streets due to the weight of the trucks, and the access to be used by the trucks. A maintenance bond should be obtained for clean-up of the streets. Mr. Blaylock stated there has been no time length for the permit established as yet by the applicant. To the north, the property has some topographical restraints and there is no access to that area. He stated there are no other properties within the City that are as uniquely limited for access, as the subject site. Mr. Blaylock stated because of the uniqueness of the cul-de-sac and the access, It was felt the Variance request should be approved, as well as the Special Permit and the Preliminary Plat. The Hearing Examiner called for testimony from the applicant or their representative. Responding for Alterra Corporation was: Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington Mr. Carothers stated the parcel in question is a difficult piece of property to develop as It is a finger-shape protruding into a greenbelt area, relatively narrow, and the plan for a cul-de-sac seemed to be the obvious conclusion to the access problem. Mr. Carothers stated they have been very sensitive to the vegetation on the property and the very large cottonwood trees have been protected and landscaping provided around the trees for their continued survival. The 3/4 acre lot size was established as a result of a marketing study that was carried out in the area. The study showed there were no lots of this size being provided by developers in the area. Mr. Carothers requested approval of the proposal. A call for further testimony either supporting or in opposition to the proposal was made. Responding was: Oliver T. Harding Washington State Department of Transportation 1361 30th Avenue South Seattle, Washington Mr. Harding said he is responsible for the Mt Baker Ridge Tunnel Project. He stated he Is not in opposition to the Alterra project except for the fact that his department has been advised by the Federal Highway Administration (responsible for Federal funding on Interstate projects), that this particular-site is In a wetlands area. If fill material comes off of an interstate project and is placed in a wetlands, the Federal government will not participate in funding for that portion of the project. He requested that language be incorporated into the conditions.for this project that would prohibit materials coming from the Mt. Baker Ridge Project to this particular site. The Hearing Examiner clarified Mr. Harding's statement for the applicant. Materials taken from the Mt. Baker Tunnel site can be placed anywhere except on wetlands, or the State will lose the funding for that portion of the project. Mr. Carothers, the applicant's representative, spoke again stating he had not been made aware of the concerns of the Department of Transportation and questioned once the P-1 Channel is developed, is this still classified a wetlands and therefore an issue? He felt to solve this particular problem, it may be easier to just not take any material from any project that may cause it to lose funding. He acknowledged to the Hearing Examiner that this Indeed was one of the sources they had contemplated using for fill for their project, and could give no assurances that he could speak for his client at this time stating they would definitely not use any of the fill from the tunnel project. The Hearing Examiner advised Mr. Carothers that he was not sure If he could regulate where the fill material came from as long as it meets the criteria of the City. Mr. Harding spoke again advising the material coming from the tunnel is very fine material and the requirement to keep the streets clean will be very important. Mr. Carothers ended his comments questioning If perhaps the subject site has been eliminated from a wetlands designation. He is not sure where the decision would be made, but feels It is of importance. The Examiner calk Further comments or concerns on this proposal. There was no one else wishing to s, e hearing was closed at 10:15 A.M. Altera LorporaLlorM PP-089-84, SP-090-84 i V-091-84 December 4. 1984 Page 3 FINDINGS. CONCLUSIONS & DECISION: Having reviewed the record in this matter. the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Alterra Corporation, filed a request for approval of a 46 lot plat of approximately 71.16 acres together with a special permit to fill and grade the site. and a variance to allow a cul-de-sac of approximately 2,500 feet in length. 2. The application file containing the application, the State Environmental Policy Act SEPA) documentation, the Building and Zoning Department Report. and other pertinent documents was entered into the record as Exhibit 01. 3. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971. as amended), an Environmental Impact Statement has been prepared for the subject proposal. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5.The subject site is located in the vicinity of S.W. 4th Place and Naches Avenue S.W. generally north of the Washington Technical Park (formerly the Earlington Golf Course). The railroad right-of-way is located Immediately north of the subject site. The P-1 channel and forebay is located generally south of the subject site. 6. The subject site was annexed into the City by Ordinance 1745 adopted In April of 1959. as amended by Ordinances 1756 and 1928. adopted in May' of 1959 and December of 1961 respectively. The subject site was reclassified from G (General) to M-P in December. 1982 by Ordinance 3694. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of manufacturing park uses but does not mandate such development without consideration of other policies of the plan. 8.The subject site is generally level, although some fill material has been deposited on the subject site along the railroad right-of-way. North of the railroad the topography changes to the steeper slopes under Empire (Sunset) Way. The riparian forest preserve area is located along the site's southern boundary. 9. A natural riparian forest is located in the western portions of the subject site, as well as along the southern periphery of the subject site. Approximately 19.388 acres or about 27.2 percent of the subject site's riparian forest will be preserved as either open space or greenbelt preserve. This land was preserved as a result of the reclassification of the subject• site. The predominant set aside Is along the southern half of the western half of the subject site. Other smaller areas containing "significant' trees or stands of trees will also be preserved. 10. The applicant proposes dividing the subject site Into 46 separate lots. Most of the lots will average approximately .75 to 1 acre in size. The largest (Lot 46) will be approximately 3.5 acres in size. 11. In order to utilize those portions of the subject site outside of the preserve areas, the applicant proposes filling and grading the subject site. Approximately 335,000 cubic yards of material will be imported to the site. Approximately 90,000 cubic yards of material on site will be relocated as necessary. 12. The filling of the site will raise the elevation of the subject site approximately 5 to 6 feet. The maximum increase will be approximately 12 feet to accommodate the existing sanitary sewer line. Significant stands of trees outside of the main preserve will be cribbed, that is a type of reverse planter box will maintain the trees surface elevation level while the surrounding terrain is raised up. An elaborate culvert system will tie these separate areas to the main riparian forest. The flow through the culverts will maintain the ordinary water level, thereby maintaining their respective riparian. fringe aquatic environment. 13. Fill slopes will be a maximum of 2 to 1 while cut slopes will not exceed slopes of 3 to 1 to assure stability of any modified slope areas. Altera Corporation PP-089-84, SP-090-84 ar -091-84 December 4, 1984 Page 4 14. The Importation of material will require approximately 15,000 vehicle trips. Staff expressed concern regarding the impacts of this concentrated heavy traffic on the road system and recommended that the applicant post a $25,000 bond to repair roads damaged by the applicant's fill operation. 15. In order to clean debris from the roads, if materials should fall from the trucks or be tracked off-site, staff recommended that the applicant post a revolving cash bond of $5,000 which can be used as necessary by city crews to clean streets. 16. Peak hour traffic in the area occurs between approximately 7:00 to 8:00 am and from 3:00 pm on. Staff recommended operations be limited to minimize interference with rush hour traffic. 17. The Department of Transportation Indicated that fill material from the Mount Baker Tunnel operation could not be utilized at the subject site without jeopardizing certain federal matching funds. The subject site appears to be a defined "wetlands" area under a federal agency guideline and fill materials from federally funded projects cannot be used to fill wetlands. The state failed to spell this out in its contract with the hauling company. No evidence was presented regarding the source of the materials for filling the subject site. City authority would only extend to the "make-up" of the material and assuring that It satisfies structural integrity and chemical composition standards of the City. 18. The subject site is served from the south by two streets./Powell Avenue S.W. on the east and Neches Avenue S.W. on the west. The two streets both extend into the site and form a loop circulation pattern although serving mainly the southeastern portion of the subject site. 19. The applicant proposes an• approximately 2.500 foot long east-west street branching from the loop. This street while the only public access to the western 35 lots and essentially a cul-de-sac will be supplemented by a private drive along the south side of the southern tier of lots just north of the greenbelt preserve. This private drive will Intersect the cul-de-sac/public street approximately 500 feet from its end. Approximately 13 lots will be served by only the one roadway. 20. The east-west street will be oversized to 44 feet rather than the 36 feet required to provide additional passing space for emergency access. The Fire Department has approved both the widened road and the cul-de-sac/private drive concept for safety. 21. The cul-de-sac will be approximately 2,000 feet longer than the 500 feet permitted by Section 9-1108(24)(A)(6). therefore, the applicant has requested a variance from that provision. 22. Detailed plans for development, landscaping, streetscape and preservation are included with the application. These include design guidelines and proposed conditions, covenants and restrictions covering all steps from the initial filling and grading to the final appearance of the complex. CONCLUSIONS Preliminary Plat 1.The proposed preliminary plat appears to serve the public use and interest. The complex will be landscaped and a common streetscape will tie the complex together, as well as blend the complex with the large greenbelt preserve. 2. The smaller parcels will enable a number of organizations and businesses to develop in a well designed complex. The lots have been scaled down to mainly three quarters to one acre to cater to the needs of smaller organizations. 3. While the location or remoteness of the site could present access problems for some occupants, the naturalness of the site should be an off-setting draw. Two streets provide access to the proposed cul-de-sac. A private drive will also be available for emergency situations. The street itself will be over-sized to provide additional width for clearance. Additional Information regarding the street can be found below In the discussion of the variance for cul-de-sac length. 11I121q `IVl'JUL OLIVi PP-089-84, SP-090-84 4 ' V-091-84 December 4, 1984 Page 5 Special Permit 4.In order to use the developable portions of the subject site to Its fullest extent. filling and grading of the site will be necessary. The site Is subject to periodic flooding at its current elevation and additional material to raise the site some 5 to 6 feet will be necessary to permit construction In conformance with the 100 year flood zone standards. 5.Any grading and filling around the separate stands of significant trees shall be governed by specific standards for the construction and culverting of the tree wells or cribs to retain the natural grade and natural water level. 6. Hydroseeding of the site shall be coupled with grading, cutting and filling of the site. 7.The subject site is located In a remote corner of the City with access through commercial, retail and industrial areas with large traffic volumes, and as such access should be limited to non-peak hours. The hauling will therefore. be limited to the hours of 9am to 3 pm Monday through Friday. 8.These limitations will enable the City to Inspect the site operations. to maintain the haul route. and to check to see that streets remain free of debris. 9. In order to maintain streets along the route. a revolving bond in the amount of 5,000 cash shall be required. The city may draw on the bond to clean the streets if the applicant or applicant's agents fail to do so. 10. The concentration of heavy trucks and the great number of trips necessary may accelerate the wear and tear on the road system serving the subject site. A bond of $25,000 should be posted to permit the City to repair damage Inflicted by the proposed operation. In all matters regarding the haul route. the City through its designated officials may change the hours and operation as is reasonably necessary to maintain safe routes and corridors. 11. The detailed standards contained in the applicant's application pertaining to grade, fill, slopes. hydroseeding, etc. shall govern the project to the extent they are not contrary to this decision or the ordinances and regulations of the City. 12. As indicated above. the City does not appear to have any inherent power to control or regulate in the matter of where the fill material is derived from. The material must meet certain requirements as to suitability In such matters as texture, coarseness. erosive nature and chemical content and structural and bearing components. Other than that. the applicant would appear to be free to chose the source. Hopefully the, matter can be suitably concluded so that the state and its taxpayers will not suffer economic or environmental harm as determined by the federal government. - Variance 13. The proposed cul-de-sac will be 8 feet wider than required by ordinance. 44 instead of 36 feet. In addition the applicant has provided a secondary emergency drive or road running along the southern boundary of the southerly tier of lots. While not a public road, the private drive will effectively make only the westerly 500 feet of the public road a true cul-de-sac. 14. The subject site is relatively Isolated from other portions of the City. Steep slopes and the railroad separate the site from any access to the north and east. While the P-1 channel and greenbelt preserve act to separate the subject site along its westerly and a large portion of its southerly boundary. This unique location and the unique environment, the last remnant of riparian forest, coupled together would unduly restrict the applicant's ability to use the subject site If a variance were not approved. 15. The location alone makes the subject site rather unique and therefore. approval of the variance will not grant the applicant a special privilege not afforded others similarly situated. The juxtaposition of the environmentally unique riparian forest also sets the subject site apart from other properties. Altera Corporation PP-089-84. SP-090-84 a J-091-84 December 4, 1984 Page 6 16. While the applicant could obviously create a loop road, development to City standards would result in further loss of delicate and unique environmental qualities. The applicant has already agreed to preserve over 19 acres In natural vegetation. The widening of the proposed public road and the creation of the private emergency drive appear to be the minimum necessary to afford the applicant relief. With the private drive, the cul-de-sac actually extends no more than a permissible 500 feet as a true cul-de-sac. 17. The isolation of the subject site Is such that approval of the variance will not adversely affect other property and the extra width, approved by the Fire Department, and the private drive appear to safeguard the public welfare. RECOMMENDATION The City Council should approve the Preliminary Plat subject to the formal filing of the conditions, covenants and restrictions filed by the applicant. DECISION The Special Permit for fill and grade is approved subject to the following conditions: 1.Hauling to or from the subject site shall be limited to the hours between 9:00 am and 3:00 pm. Monday through Friday. 2.The posting of a revolving cash bond in the initial amount of $5,000 to permit city crews to clear the haul route of debris deposited by the applicant or agents, If the applicant fails to do so._ 3.The posting of $25,000 bond to provide for repairing any street damaged by the applicant during the hauling operation. 4. All grade and fill and supplementary actions such as hydroseeding. tree preservation and similar actions shall be accomplished as provided In the detailed application Exhibit 04, as those requirements are compatible with City ordinances and regulations. The Variance is approved. ORDERED THIS 4th day of December, 1984. VOA.A1v—ti Fred J. Kaufm Land Use Hear Examiner TRANSMITTED THIS 4th day of December, 1984 to the parties of record: Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington Oliver T. Harding Washington State Department of Transportatioq 1361 30th Avenue South Seattle, Washington TRANSMITTED THIS 4th day of December. 1984 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Richard Houghton. Public Works Director Larry M. Springer, Policy Development Director Members, Renton Planning Commission Ronald Nelson, Building & Zoning Director Roger Blaylock, Zoning Administrator Lawrence J. Warren, City Attorney Renton Record-Chronicle rr-utr7-es4, Sr-Ulu-t!4 ana V-U71-ti4 December 4, 1984 Page 7 Pursuant to Title IV. Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before December 18. 1984. 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 $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning land use decisions. This means that parties to a land use decision may not communicate In private with any decision-maker concerning the proposal. Decision-makers In the land use process Include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the Initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. U-c-v-u' -•_•_%•.•••••••••• ••• ••• 4...: .. : r•G 1O i is_ - ,.gug,1 1 ,. itzt... .. 16 N.0 o 0 0 0 • • • • • 90-11- ..imp= •...... Aggogtog 6‘690466 ••••••• •*•• 9.966 ..''..' .1-i ir-diSPI1 IIIII Mg 1I1i111h1l1l1t. i:• g,,, o- Ii1:: 0- 6. 2,•, 4 t 000000000° • • • • ® • ••• •• • • • •ttttt 00005 r4l1ig2/. 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'•....:. a, 000'. i• Ci,;, : n.ina alai! .rfi`:'.:: `.:''':t:""`'' : . rid" a . f f i.r , S c n .. !•r:',: C '• v roam v)i0 •.nl r naaararraa rasa f.Ilrar •_ 1i[:c:r;i a anauutiuuu •'3''•t, t,,r plsa'L : i•:•:{i:Y1 iOW::::::::ia aa 1 .3:. jf-llaal. 1 . ',, •. ' l' ' Ili\Af...ir at c =__--- .,••.±:• ::: 17-7::: E. r. a. ..rrri.o° •r:•::i:i• Q cco'o al rrr. i 0. 7. r rr•rrta o o r/y000000000• 1 o w u//ai araue_?.°. !i/::: 00L' 000000000• ur::::.ai i:'.rirairraro ` o0000000000000000000°• 1:g It.•ai a/ap:::::•_000000000 o r i '` r•\'r. -' o000000000°0°0' , . ____ wig_ ra r/r• a/a//r/a \ - • S, CI 000000000 ir p II•= a/ tt.,.I.".1-.._ Y ,1 ,0000000• ::• T_- ala S J;:' L\• V 1.7 oo0°co0.ice Oa r./..... r• .' :::::::::'•:; l i r/__ t/.dal/. pp.,ii'. I. _ mat_ •• -,i, 1.4"[ 00000 3 .....:.i.:,..,‘,...::0...„:.... 0000• 7. .1 fir - I ' •r1 Now. ..• ..:.!4"..-,:upe. . -:-.7-:-:-:.- :-.7-:-:.- _-_-:-:-::-".:- '' 1111kAv,r.. NV I- 7; r J Y•i J tckc.c,-000 '... ` AIi : ,________, _,___- ___ ________:_,_ ramow r lihirditimmis:y:,..1... 7- e 1•'•. I _ ___ a t 0000: 000' '.t. _ T V i • 1 fJC o000000000. o°o°000°0° \ Fc^` , n. 00000 0000000 000°0000 t rr, p 00 r 000 000• '. •f•,c- ''!'r „' ; tWit' ri .^.— 1,.:00t00000000coo:, 111411 1..-:','"?' :-:-.:---------j :i.)le;°.*."". LAND USE ELEMENT Single Family•Commercial t,- __-___- i!: Lowsity.`I Multi-Family Office / Office Park E1-3- Medium Density 00%0000 Public/Quasi-PublbcIill •:. ,.:- ..I - Multi-Familyf High Density Multi-F y Light Industrial> mil 9 stria) Recreation Heavy Industrial L'i ; Greenbelt tt ManufacturingIniPark 6yr..t'r OF RA, 11, c, $ ;- BUILDING & ZONING DEPARTMENT Z RONALD G. NELSON - [.RECTOR MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 o 235-2540,0 oo. 0, 9gT O c, SEP1- P BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: August 29, 1985 TO: Fred J. Kaufman, Hearing Examiner FROM: c'toger J. Blaylock, Zoning Adminstrator SUBJECT: Dismissal of Short Plats and Subdivision Applications/Short Plat 035-84 and PP-089-84 It is definite that the Hearing Examiner has the authority to dismiss applications for non-activity. However, I am concerned in the case of subdivisions and short plats that thetentativeapprovalgrantedallowstheapplicantanunusualcompliancetime. The three-year mandated preliminary approval limit would suggest that any time during that three-year period, the applicant could comply and thus submit the final plat or the final documentation for the short plat. I am not sure if you considered this technical problem at the time you issued your originallettersonAugust21sttobothMr. Richard Carrothers and Mr. Harold Harrison. It should be pointed out in the case of Mr. Harrison that he has been working extensively with our Public Works Department to try to resolve the storm water drainage issue, which was oneofthemajorconcernsoftheshortplatapplication. In the case of the AlterraCorporation, the proposed Black River Office Park, it is true that during the last six months our office has not been involved with any work for the proponents. RJB:1916Z:wr OF R THE CITY OF RENTONfct " MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 0 BARBARA Y. SHINPOCH, MAYOR o LAND USE HEARING EXAMINERp9co-o p Q FRED J. KAUFMAN. 235-2593 9 TED SEP1E4, 4 August 21, 1985 Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington, 98122 Re: Alterra Corporation PP-089-84, SP-090-84 & V-091-84 Dear Mr. Carothers: The above requests were approved by this office on December 4, 1984, subject to the formal filing of C.C.& R's for the proposal. To date we have not received the formal C.C.& R's from your office. Due to the length of time this matter has been pending, we urge that you diligently pursue this matter to its immediate completion so we may close our records. If you have further questions, please contact this office. Sincerely, FRED J. INUFMAN HEARING EXAMINER FJK/dk 1071E cc: t/City Clerk City Attorney Alterra Corporation Building & Zoning Department q$ r4)÷ 4,1TII CITY 0] ENT.T®T M ;h . MUNICIPAL BUILDING 200 MILL A._-.,` RENTON, WASH. 98055 o 1 BARBARA Y. SHINPOCH, MAYOR ® LAND USE HEARING EXAMINER 90 o- FRED J. KAUFMAN, 235 -2593 09 rFC SEPjE P December 19, 1984 4 CIPv R NTOtNren s . Richard Carothers, President Richard Carothers & Associates DEC 19 1984 - 814 East Pike Street Seattle, Washington RE: File No, PP-089-84 Alterra Corporation Dear Mr. Carothers: The Examiner's Report and Recommendation regarding the referenced request has not been appealed within the time period established by ordinance. We would like to schedule this matter for the January 7, 1985 Council Meeting, but before doing so we must have the signed and napri-7-P.rljagALictive Covenants as set out in the decisionof December 4, 1984: We should have that document in our office no later than January 2, 1985. You will receive notification of final approval, as well as a copy of the' enacting ordinance, From the City Clerk upon adoption by the City Council. If further assistance or information is desired, please do not hesitate to contact this office. Sincerely, Fred J. Kaufman/,p/ Land Use Hearing Examiner FJK:dk 0757 cc: City Clerk Building & Zoning Department ti/ OF R 4-, BUILDING & ZONING DEPARTMENTov E. RONALD G. NELSON - DIRECTORzk 09A MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 o 235-2540 0 e4) r e0 SEPI° 4\O BARBARA Y. SHINPOCH MAYOR t. December 10, 1984 z; Barbara E. Moss Director of Planning First Cities Equities B00 5th Avenue, Suite 4040 Seattle, WA 98104 Re: Development Conditions - Tract A and Tract B. Valley 405 Business Park Washington Technical Center) I' Dear Barbara: r The Environmental Review Committee considered your request of November 21, 1984,A; during their December 6th meeting. As you are aware, the L.I.D. process is a lengthy procedure that begins with: (1) preliminary evaluation and inquiry by interested property owners; (2) actual formation of an L.I.D. and acceptance by formal City ordinance; and, 3) the actual construction of the off-site improvements. Development on either Tract A or `B was limited by the Environmental Review Committee's condition of approval for Washington Technical Center. Specifically, the ERC takes the position, at this time, that a building permit can be issued to First Cities 1. Equity if the City Council has adopted a formal ordinance enacting the L.I.D. process. In F;:• response to your question of occupancy of structures, construction of the off-site improvements must be completed prior to the occupancy of any structures. The ERC believes that the L.I.D. provides the financial methods to accomplish the improvements and does not transfer the responsibility from First Cities Equity. The City cannot assure First Cities Equity that the L.I.D. process will not impede development on either Tracts A or B. For the Environmental Review Committee, r Roger J. Blaylock Zoning Administrator d RJB:1211 Z:c1 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ss. County of King DOTTY KLINGMAN being first duly sworn, upon oath, deposes and states: 4th December That on the day of 1984, 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. 461, SUBSCRIBED AND SWORN to before me this y day of )A,p v o c11:,Q ,-1984. Atc,'/- g_t, 012-0fL_ No Publ' in and For the State of Washington, residing at-.per,, - therein. Application, Petition, or Case PP089-84, SP090-84 & V-091-84 - ALTERRA CORPORATION The minutes contain a list of the parties of record.) 0735E December 4, 1984 OFFICE OF THE LAND USE HEARING EXAMIN CITY Oz RENTON CITY OF RENTON 17.1 s5 REPORT AND DECISION. D E C 3 1984 APPLICANT: ALTERRA CORPORATION SOLE7ING/2v v N0 DE PT. FILE NO. PP-089-84, SP-090-84 and V-091-84 LOCATION: Vicinity of S.W. 4th Place and Naches Avenue S.W. SUMMARY OF REQUEST: Approval of Preliminary Plat to subdivide 71.16 acres into 46 lots for future office/warehouse use; approval of Special Permit to fill and grade 425,500 cubic yards of material; and Variance to allow u1-de-sac length of 2500 feet. SUMMARY OF ACTION: Building and Zoning Department Recommendation: Approval. Hearing Examiner Decision: Variance is approved. Special Permit is approved subject to conditions and Preliminary Plat is approved subject to filing of C.C.& R.'s by the applicant. BUILDING & ZONING The Building & Zoning Department Report was DEPARTMENT REPORT:received by the Examiner on November 13, 1984. PUBLIC HEARING: After reviewing the Building and Zoning 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 November 20, 1984, at 9:35 A.M. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit #1 - Yellow file containing application, proof of posting, and other documents pertinent to this application. Exhibit #2 - Preliminary Plat dated 11/5/84. Exhibit #3 - Erosion Control Plan dated 6/29/84. Exhibit #4 - Bound book of technical specifications for proposed project. The hearing was opened and Roger Blaylock, Zoning Administrator, presented the report from staff. He began by describing the topography of the site and the request to fill stating the applicant has been careful to provide a hydroseeding plan to assure the maintenance of adjacent water quality in natural areas south and west. The Public Works Department will review all erosion control measures. Deterioration of the roads was discussed because of the heavy weight of the vehicles to be used for hauling the fill. The possible use of railroad cars was suggested as the railroad tracks are adjacent to the site. The Variance request is to allow'a cul-de-sac length of 2500 ft.; the maximum length normally permitted by ordinance is 500 feet. Mr. Blaylock stated the existing zoning of the site is in compliance with the Comprehensive Plan, with part of the site placed into a greenbelt preservation under the original rezone. Approximately 27% of the site has an easement on it which precluded any development except for maintaining the greenbelt around the P-1 Channel. The public road is approximately 5.3 acres, walkways are about 1/2 an acre, there is a total of 46 lots of approximately 3/4 to 1 acre size. The site will be raised approximately 5 to 6 ft. with the fill, and it was pointed out in the design that specific stands of trees, because of the size requirement to be preserved, have been tied in with culverts so water will go into those areas. The applicant will also be using an erosion control fence along the perimeter of the area to prevent sedimentation from entering the natural area of the site. r- Altera Corporation PP-089-84, SP-090-84 and '.-,)1-84 December 4, 1984 Page 2 Continuing, it was pointed out that the site is accessed off of S.W. 7th Street by 2 streets, Naches Ave. S.W. and Powell Ave. S.W.. The applicant has oversized the width of the cul-de-sac pavement to provide relief for access, and has provided a secondary emergency access for fire and police protection into the site. This will not be a public street. It will be a right-of-way constructed with 24 ft. of pavement, and the waterline will be looped along the pavement for use by the fire department. It was suggested that the Plat be designated to show no parking on the streets. The Public Works Department will need an all-weather access road for maintenance of the utility, and if designed correctly, that road could also be used as an emergency access road to the site. The special permit is to bring in approximately 425,000 cubic yards of material. The issue with the permit is the impact on the streets due to the weight of the trucks, and the access to be used by the trucks. A maintenance bond should be obtained for clean-up of the streets. Mr. Blaylock stated there has been no time length for the permit established as yet by the applicant. To the north, the property has some topographical restraints and there is no access to that area. He stated there are no other properties within the City that are as uniquely limited for access, as the subject site. Mr. Blaylock stated because of the uniqueness of the cul-de-sac and the access, it was felt the Variance request should be approved, as well as the Special Permit and the Preliminary Plat. The Hearing Examiner called for testimony from the applicant or their representative. Responding for Alterra Corporation was: Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington Mr. Carothers stated the parcel in question is a difficult piece of property to develop as it is a finger-shape protruding into a greenbelt area, relatively narrow, and the plan for a cul-de-sac seemed to be the obvious conclusion to the access problem. Mr. Carothers stated they have been very sensitive to the vegetation on the property and the very large cottonwood trees have been protected and landscaping provided around the trees for their continued survival. The 3/4 acre lot size was established as a result of a marketing study that was carried out in the area. The study showed there were no lots of this size being provided by developers in the area. Mr. Carothers requested approval of the proposal. A call for further testimony either supporting or in opposition to the proposal was made. Responding was: Oliver T. Harding Washington State Department of Transportation 1361 30th Avenue South Seattle, Washington Mr. Harding said he is responsible for the Mt Baker Ridge Tunnel Project. He stated he is not in opposition to the Alterra project except for the fact that his department has been advised by the Federal Highway Administration (responsible for Federal funding on Interstate projects), that this particular site is in a wetlands area. If fill material comes off of an interstate project and is placed in a wetlands, the Federal government will not participate in funding for that portion of the project., He requested that language be incorporated into the conditions for this project that would prohibit materials coming from the Mt. Baker Ridge Project to this particular site. The Hearing Examiner clarified Mr. Harding's statement for the applicant. Materials taken from the Mt. Baker Tunnel site can be placed anywhere except on wetlands, or the State will lose the funding for that portion of the project. Mr. Carothers, the applicant's representative, spoke again stating he had not been made aware of the concerns of the Department .of Transportation and questioned once the P-1 Channel is developed, is this still classified a wetlands and therefore an issue? He felt to solve this particular problem, it may be easier to just not take any material from any project that may cause it to lose funding. He acknowledged to the Hearing Examiner that this indeed was one of the sources they had, contemplated using for fill for their project, and could give no assurances that he could speak for his client at this time stating they would definitely not use-any of the fill from the tunnel project. . . The Hearing Examiner advised Mr. Carothers that he was not sure if he could regulate where the fill material came from as long as it meets the criteria of the City. ' Mr. Harding spoke again advising the material coming from the tunnel is very fine material and the requirement to keep the streets clean will be very important. Mr. Carothers ended his comments questioning if perhaps the subject site has been eliminated from a wetlands designation. He is not sure where the decision would be made, but feels it is of importance. The Examiner called tor ,ther comments or concerns on this proposal. There was no one else wishing to speak e hearing was closed at 10:15 A.M. Altera Corporation PP-089-84, SP-090-84 a:._.J-091-84 December 4, 1984 Page 3 FINDINGS, CONCLUSIONS & DECISION: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Alterra Corporation, filed a request for approval of a 46 lot plat of approximately 71.16 acres together with a special permit to fill and grade the site, and a variance to allow a cul-de-sac of approximately 2,500 feet in length. 2. The application file containing the application, the State Environmental Policy Act SEPA) documentation, the Building and Zoning 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 SEPA (RCW 43.21C, 1971, as amended), an Environmental Impact Statement has been prepared for the subject proposal. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5.The subject site is located in the vicinity of S.W. 4th Place and Naches Avenue S.W. generally north of the Washington Technical Park (formerly the Earlington Golf Course). The railroad right-of-way is located immediately north of the subject site. The P-1 channel and forebay is located generally south of the subject site. 6. The subject site was annexed into the City by Ordinance 1745 adopted in April of 1959, as amended by Ordinances 1756 and 1928, adopted in May of 1959 and December of 1961 respectively. The subject site was reclassified from G (General) to M-P in December, 1982 by Ordinance 3694. 7. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of manufacturing park uses but does not mandate such development without consideration of other policies of the plan. 8. The subject site is generally level, although some fill material has been deposited on the subject site along the railroad right-of-way. North of the railroad the topography changes to the steeper slopes under Empire (Sunset) Way. The riparian forest preserve area is located along the site's southern boundary. 9. A natural riparian forest is located in the western portions of the subject site, as well as along the southern periphery of the subject site. Approximately 19.388 acres or about 27.2 percent of the subject site's riparian forest will be preserved as either open space or greenbelt preserve. This land was preserved as a result of the reclassification of the subject site. The predominant set aside is along the southern half of the western half of the subject site. Other smaller areas containing "significant" trees or stands of trees will also be preserved. 10. The applicant proposes dividing the subject site into 46 separate lots. Most of the lots will average approximately .75 to 1 acre in size. The largest (Lot 46) will be approximately 3.5 acres in size. 11. In order to utilize those portions of the subject site outside of the preserve areas, the applicant proposes filling and grading the subject site. Approximately 335,000 cubic yards of material will be imported to the site. Approximately 90,000 cubic yards of material on site will be relocated as necessary. 12. The filling of the site will raise the elevation of the subject site approximately 5 to 6 feet. The maximum increase will be approximately 12 feet to accommodate the existing sanitary sewer line. Significant stands of trees outside of the main preserve will be cribbed, that is a type of reverse planter box will maintain the trees surface elevation level while the surrounding terrain is raised up. An elaborate culvert system will tie these separate areas to the main riparian forest. The flow through the culverts will maintain the ordinary water level, thereby maintaining their respective riparian, fringe aquatic environment. 13. Fill slopes will be a maximum of 2 to 1 while cut slopes will not exceed slopes of 3 to 1 to assure stability of any modified slope areas. Altera Corporation PP-089-84, SP-090-84 and ': 11-84 December 4, 1984 Page 4 14. The importation of material will require approximately 15,000 vehicle trips. Staff expressed concern regarding the impacts of this concentrated heavy traffic on the road system and recommended that the applicant post a $25,000 bond to repair roads damaged by the applicant's fill operation. 15. In order to clean debris from the roads, if materials should fall from the trucks or be tracked off-site, staff recommended that the applicant post a revolving cash bond of $5,000 which can be used as necessary by city crews to clean streets. 16. Peak hour traffic in the area occurs between approximately 7:00 to 8:00 am and from 3:00 pm on. Staff recommended operations be limited to minimize interference with rush hour traffic. 17. The Department of Transportation indicated that fill material from the Mount Baker Tunnel operation could not be utilized at the subject site without jeopardizing certain federal matching funds. The subject site appears to be a defined "wetlands" area under a federal agency guideline and fill materials from federally funded projects cannot be used to fill wetlands. The state failed to spell this out in its contract with the hauling company. No evidence was presented regarding the source of the materials for filling the subject site. City authority would only extend to the "make-up" of the material and assuring that it satisfies structural integrity and chemical composition standards of the City. 18. The subject site is served from the south by two streets, Powell Avenue S.W. on the east and Naches Avenue S.W. on the west. The two streets both extend into the site and form a loop circulation pattern although serving mainly the southeastern portion of the subject site. 19. The applicant proposes an approximately 2,500 foot long east-west street branching from the loop. This street while the only public access to the western 35 lots and essentially a cul-de-sac will be supplemented by a private drive along the south side of the southern tier of lots just north of the greenbelt preserve. This private drive will intersect the cul-de-sac/public street approximately 500 feet from its end. Approximately 13 lots will be served by only the one roadway. 20. The east-west street will be oversized to 44 feet rather than the 36 feet required to provide additional passing space for emergency access. The Fire Department has approved both the widened road and the cul-de-sac/private drive concept for safety. 21. The cul-de-sac will be approximately 2,000 feet longer than the 500 feet permitted by Section 9-1108(24)(A)(6), therefore, the applicant has requested a variance from that provision. 22. Detailed plans for development, landscaping, streetscape and preservation are included with the application. These include design guidelines and proposed conditions, covenants and restrictions covering all steps from the initial filling and grading to the final appearance of the complex. CONCLUSIONS Preliminary Plat 1. The proposed preliminary plat appears to serve the public use and interest. The complex will be landscaped and a common streetscape will tie the complex together, as well as blend the complex with the large greenbelt preserve. 2. The smaller parcels will enable a number of organizations and businesses to develop in a well designed complex. The lots have been scaled down to mainly three quarters to one acre to cater to the needs of smaller organizations. 3. While the location or remoteness of the site could present access problems for some occupants, the naturalness of the site should be an off-setting draw. Two streets provide access to the proposed cul-de-sac. A private drive will also be available for emergency situations. The street itself will be over-sized to provide additional width for clearance. Additional information regarding the street can be found below in the discussion of the variance for cul-de-sac length. Atera Corporation PP-089-84, SP-090-84 a.KJ V-091-84 December 4, 1984 Page 5 Special Permit 4. In order to use the developable portions of the subject site to its fullest extent, filling and grading of the site will be necessary. The site is subject to periodic flooding at its current elevation and additional material to raise the site some 5 to 6 feet will be necessary to permit construction in conformance with the 100 year flood zone standards. 5. Any grading and filling around the separate stands of significant trees shall be governed by specific standards for the construction and culverting of the tree wells or cribs to retain the natural grade and natural water level. 6. Hydroseeding of the site shall be coupled with grading, cutting and filling of the site. 7. The subject site is located in a remote corner of the City with access through commercial, retail and industrial areas with large traffic volumes, and as such access should be limited to non-peak hours. The hauling will therefore, be limited to the hours of 9am to 3 pm Monday through Friday. 8. These limitations will enable the City to inspect the site operations, to maintain the haul route, and to check to see that streets remain free of debris. 9. In order to maintain streets along the route, a revolving bond in the amount of 5,000 cash shall be required. The city may draw on the bond to clean the streets if the applicant or applicant's agents fail to do so. 10. The concentration of heavy trucks and the great number of trips necessary may accelerate the wear and tear on the road system serving the subject site. A bond of $25,000 should be posted to permit the City to repair damage inflicted by the proposed operation. In all matters regarding the haul route, the City through its designated officials may change the hours and operation as is reasonably necessary to maintain safe routes and corridors. 11. The detailed standards contained in the applicant's application pertaining to grade, fill, slopes, hydroseeding, etc. shall govern the project to the extent they are not contrary to this decision or the ordinances and regulations of the City. 12. As indicated above, the City does not appear to have any inherent power to control or regulate in the matter of where the fill material is derived from. The material must meet certain requirements as to suitability in such matters as texture, coarseness, erosive nature and chemical content and structural and bearing components. Other than that, the applicant would appear to be free to chose the source. Hopefully the matter can be suitably concluded so that the state and its taxpayers will not suffer economic or environmental harm as determined by the federal government. Variance 13. The proposed cul-de-sac will be 8 feet wider than required by ordinance, 44 instead of 36 feet. In addition the applicant has provided a secondary emergency drive or road running along the southern boundary of the southerly tier of lots. While not a public road, the private drive will effectively make only the westerly 500 feet of the public road a true cul-de-sac. 14. The subject site is relatively isolated from other portions of the City. Steep slopes and the railroad-separate the site from any access to the north and east. While the P-1 channel and greenbelt preserve act to separate the subject site along its westerly and a large portion of its southerly boundary. This unique location and the unique environment, the last remnant of riparian forest, coupled together would unduly restrict the applicant's ability to use the subject site if a variance were not approved. 15. The location alone makes the subject site rather unique and therefore, approval of the variance will not grant the applicant a special privilege not afforded others similarly situated. The juxtaposition of the environmentally unique riparian forest also sets the subject site apart from other properties. Altera Corporation PP-089-84, SP-090-84 and ,:,J1-84 December 4, 1984 Page 6 16. While the applicant could obviously create a loop road, development to City standards would result in further loss of delicate and unique environmental qualities. The applicant has already agreed to preserve over 19 acres in natural vegetation. The widening of the proposed public road and the creation of the private emergency drive appear to be the minimum necessary to afford the applicant relief. With the private drive, the cul-de-sac actually extends no more than a permissible 500 feet as a true cul-de-sac. 17. The isolation of the subject site is such that approval of the variance will not adversely affect other property and the extra width, approved by the Fire Department, and the private drive appear to safeguard the public welfare. RECOMMENDATION The City Council should approve the Preliminary Plat subject to the formal filing of the conditions, covenants and restrictions filed by the applicant. DECISION The Special Permit for fill and grade is approved subject to the following conditions: 1. Hauling to or from the subject site shall be limited to the hours between 9:00 am and 3:00 pm, Monday through Friday. 2. The posting of a revolving cash bond in the initial amount of $5,000 to permit city crews, to clear the haul route of debris deposited by the applicant or agents, if the applicant fails to do so. 3. The posting of $25,000 bond to provide for repairing any street damaged by the applicant during the hauling operation. 4. All grade and fill and supplementary actions such as hydroseeding, tree preservation and similar actions shall be accomplished as provided in the detailed application Exhibit #4, as those requirements are compatible with City ordinances and regulations. The Variance is approved. ORDERED THIS 4th day of December, 1984. Fred J. Kaufm Land Use Hear Examiner TRANSMITTED THIS 4th day of December, 1984 to the parties of record: Richard Carothers, President Richard Carothers & Associates 814 East Pike Street Seattle, Washington Oliver T. Harding Washington State Department of Transportation 1361 30th Avenue South Seattle, Washington TRANSMITTED THIS 4th day of December, 1984 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Richard Houghton, Public Works Director Larry M. Springer, Policy Development Director Members, Renton Planning Commission Ronald Nelson, Building & Zoning Director Roger Blaylock, Zoning Administrator Lawrence J. Warren, City Attorney Renton Record-Chronicle 1 '000 t :•' a .'' ;0 1 ,• •.- 000%' •' D-O-* O-O - t;ct 0000 to 111 ;000 oY O O O O-O O . 0° '0`00 O lig7 .r o o•o 'O O o r. 0 o O1L //jo000 0°' O O O 0 0•' O O' q O O r n 0°°°•.-' i1;••.:7.°0000Do' O O 1 D O 0000 O O O Q '•';.$,' :: i:i'> t: l000. r 0 0 0 0• 'r0 0 0 0 y O O O 0 0 r +a:' i [.M 1,14 0000• oo°o°oQoo O• OOO O OO .,'. 4.11 I 1-_ 000000 cs ` ,°0°0d0°00/0 0 0 o j 0 0• 0 oino % ° 0 0 00000o0000 0 0 0 0 0 00000000o°•'IG'17p 0®b00+OOAp00 rD000•00000A•,. J•••..Ilit41,%;„ y_1.°000$o o,r .1isOp 0 OO ela am moil;p" sirdoniii Oo°000 °° t , 0Op°o°,° 0000 O000® [ . OOOa; g. 000..00. ' 0 0 0" O 0 0 0 ® 0•O O • O A O O boo O A I jit.: ,';%0000 000,A-- iltionimnr pow„.:,.; co_. 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Wit'_ E•P, l;y====_=_--=- ` LAND t yamr„ii t f Single Family Commercial iALt : Low Densityt =_ __ ______- ___ Multi-Family Office / Office Park i i Medium Density 0000000 1t ^ i- 'L3-S Y 00°0o°O. Public/Quasi-Public 1 mow 0000... tMulti-Family 0000000°, i -id .I 1 ii V i High Density LightMulti,Family ::::::9 t Industrial I w II .D q , Recreation p°p°p" Heavy Industrial 1 e • o y j•.y' : 2_ 0000, Greenbelt Manufactur in Park !r: moo g II ilk A4tera Corporation PP-089-84, SP-090-84 au. V-091-84 December 4, 1984 Page 7 Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before December 18, 1984. 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 $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This permits all interested parties to know the contents of the communication,and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council: 1162Z CITY OF RENTON LAND USE HEARING EXAMINER PUBLIC HEARING NOVEMBER 20, 1984 AGENDA COMMENCING AT 9:00 A.M.: COUNCIL CHAMBERS, SECOND FLOOR, RENTON MUNICIPAL BUILDING The applications listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. MICHAEL T. DONNELLY Application to rezone approximately 0.17 acre of property from R-4 to B-1 for future professional office, file R-098-84, located at 636 Shattuck Avenue South. ALTERRA CORPORATION Application for preliminary plat approval to subdivide approximately 51 acres of a 71.16 acre tract into 46 lots for future office/warehouse use Black River Technology Park), file PP-089-84, and special permit application for fill and grading of 425,500 cubic yards, file SP-090-84, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet, file V-091-84; located in the vicinity of S.W. 4th Place and Naches Avenue S.W. 1165Z111DINGANDZONINGDEPARTM PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING NOVEMBER 20, 1984 APPLICANT: ALTERRA CORPORATION PROJECT NAME: BLACK RIVER TECHNICAL PARK A. SUMMARY & PURPOSE OF REQUEST: The applicant seeks approval of the following application(s): 1. PRELIMINARY PLAT (PP-089-84): To subdivide approximately 71.16 acres of property into 46 lots for future office/warehouse use. 2. SPECIAL PERMIT (SP-090-84): To fill and grade 425,500 cubic yards of material. 90,000 is presently on-site - 335,000 will have to be imported. 3. VARIANCE (V-091-84): From Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet. B. GENERAL INFORMATION:. 1. Owner of Record: J.A.G. - Renton Properties Association. 2. , Applicant: Alterra Corporation 3. Location: Vicinity Map Attached) Vicinity of S.W. 4th Place and Naches Avenue S.W. 4. Existing Zoning: M-P, Manufacturing Park 5. Existing Zoning in the Area: G-1, General Use; R-2, Residential Two Family; R-3, Residential - Multiple Family; and M-P, Manufacturing Park. 6. Comprehensive Land Use Plan: Manufacturing Park 7. Total Size of property: 71.16 acres 8. Project Area: 45.861 acres (64.4% of total) 9. Greenbelts/Open Space: 19.388 acres (27.2% of total) 10. Public Roads: 5.375 acres (7.6% of total) 11. Pedestrian & Utility: 536 acres (.08% of total) 12. Access: S.W. 7th Street 13. Number of Lots: 46 14. Average Size of Lots: 75 to 1.0 acre 15. Topography: Relatively level. Fill will raise property approximately 5 to 6 feet. 16. Land Use: Undeveloped. 17. Neighborhood Characteristics:Undeveloped to north and west; developing industrial park to south. ell PRELIMINARY REPORT TO THE HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 2 C. PUBLIC SERVICES: 1. Utilities: a. Water: A 12-inch water line is located along S.W. 7th Street and along the proposed Naches Avenue S.W. b. Sewer: A 12-inch sanitary sewer line is located along S.W. 7th STreet and along the proposed street, Naches Avenue S.W. c. Storm Water Drainage: Flows directly into P-1 Detention pond. 2. Fire Protection: Provided by the City of Renton as per ordinance requirements. 3. Transit: Not applicable. 4. Schools: a. Elementary Schools: Not applicable. b. Middle Schools: Not applicable. c. High Schools: Not applicable. 5. Recreation: Not applicable. D. HISTORY/BACKGROUND: Action Date Ordinance Annexation April 14, 1959 1745 Corrected May 19, 1959 1756 December 12, 1961 1928 Zoned G-1, General Use Upon Annexation Rezone Request 1979 (R-432-79) EIS Required Rezone (G to M-P) December 24, 1982 3694 Lot Line Adjustment LLA-013-83) September 23, 1983 Condition of Rezone E. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-73-, Manufacturing Park (M-P). 2. Section 4-711(B), Special Permits. 3. Section 4-722(G), Variance. 4. Section 4-732, Mining, Excavation and Grading. 5. Section 4-734(F)(2), Landscaping Requirement - Green River. F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENT: 1. Green River Valley Plan, City of Renton Comprehensive Plari Compendium, 1983, p. 31-35. 2. Industrial Goal and Policies, Policies Element, City of Renton Comprehensive Plan Compendium, 1983, p. 18-19. 3. Chapter 23, Mining, Excavation and Grading Ordinance. G. DEPARTMENT ANALYSIS: The following analysis focuses on the land use issues relevant to each of the three applications requested. A general statement as to compliance with the intent of the Comprehensive Plan and specific compliance with the City code begins the analysis of each of the subsequent applications. bRELIMINARY PLAT The proposal complies with the design criteria enumerated under Section 9-1108 of the Subdivision Code, except for the variance request reviewed below. PRELIMINARY REPORT IE HEARING EXAMINER AL TERRA CORPORATION NOVEMBER 20, 1984 PAGE 3 ISSUE: Emergency.Access: As a result of the unusual length of the proposed cul-de-sac, emergency access for both the Fire and Police Department becomes an issue. The applicants original proposal showed the cul-de-sac as access to the industrial development. Revised plans dated November 5, 1984, show a secondary emergency access route which is basically parallel to the principal cul-de-sac route approximately 250 to 300 feet south of the main access. This provides a loop system which is acceptable to the Fire and Police. Departments to serve the area. In addition, it should be pointed out that the primary access road has -been oversized to a street width of 44 feet instead of the required 36 feet because of its unusual length. The Fire Department has noted that with the emergency access, a water line should be established for fire flow availability. This will also. help in the development because it will create a circular transmission system and assure fire flows if the line is broken or taxed as result of a fire. The Public Works Department notes that, in addition, an all weather access road will have to be constructed out to Monster Road to the west for utility maintenance. This can also serve as another emergency access road into the site. The emergency access road has been designed per the review standards of the Environmental Review Committee and minimizes impacts upon the greenbelt area. One clump of cottonwood trees that was intended to be saved on Lot 35 can still be saved with the applicant utilizing culverts under the roadway. This is similar to the concept already proposed by the applicant to serve the natural areas designated on lots 8, 38, 33, 28, and 26. SPECIAL PERMIT The plans submitted for the special permit to fill the site with approximately 425,000 cubic yards of material, complies with the intent of Chapter 23 of Title IV of the Renton Municipal Code IMining, Excavation and Grading Ordinance). The applicant has provided a strong rehabilitation plan with hydroseeding to maintain the adjacent water quality in the natural areas located south and west of the subject site. Detailed temporary erosion control measures will be reviewed with the annual license by the Public Works Department. All of the plans at this point present a proposal that specifically meets our criteria and protects the environment. ISSUE: Vehicular Access: Importation of approximately 335,000 cubic yards of material will create major impacts upon the adjacent public streets. Access to the site will be through an industrial area either on Powell Avenue or Naches Avenue. Truck traffic hours should be specifically limited because of material is anticipated to come from the Mt. Baker tunnel area or from the I-90 project area to the subject site. In total, 335,000 cubic yards of material represents approximately 15,000 vehicle trips with 25 yard dump trucks. A substantial clean-up and maintenance bond should be required of the development and inactment should be accomplished by either the Public Works Department or the Police Department depending upon need. The secondary issue, which is not often discussed along with a fill operation, is the fact that because of the heavy weight of these vehicles, the filling of the site will substantially deteriorate the adjacent public streets. The weight of a 25 yard dump truck can be equivalent to thousands of standard automobile vehicle trips based upon the roadway asphalt design. It might be wiser to fill the site by bringing the material in in railroad cars since the railroad tracks are immediately adjacent to the site. PRELIMINARY REPORTO THE HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 4 VARIANCE The applicant is requesting a variance from both sections 9-11"08(7)(K) and 9-1108(24)(A)(6) because both sections deal directly with the maximum length of cul-de-sac street. The justification presented by the applicant is adequate to meet the burden of proof to show that the variance request is appropriate. The staff believes that the criteria enumerated under Section 9-1109 of the Subdivision Code are met by the applicant and the variance is appropriate. 1. That there are special physical circumstances or conditions affecting ,-said property such as the strict' application of the provisions of this ordinance would deprive the applicant of the reasonable use or development of his land. The physical limitation of the property is a result of shape and location which was specifically determined by the City in its requirement to dedicate the natural riparian. The applicant had originally intended dedicating the western 1/3 of the site, thus making the project area more compact and developable from an industrial point of view. The City's action, based upon the actual location of the riparian forest created the unusual shape. The extreme cul-de-sac length is the only way to service the property. Limitation of'the strict standard of 500 feet for cul-de-sac would basically eliminate both the market viability under todays economy ?nd the function development, because we would end up with one massive lot which would still have emergency access and service problems from an industrial point of view. 2. That the )ariance is necessary to assure such property the rights and privileges enjoyed by other property in the vicinity and under similar circumstances. In strict comparison, there are no other properties quite as uniquely limited as the subject site. It is not anticipated that there will ever be. another cul-de-sac within the City of Renton of this length. Denial of the variance request would functionally deprive the applicant of the ability to develop the property into a pattern that is typical for the general industrial park area to the south of the subject site and also designaged for the subject site. 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to other property in the vicinity. The subject property is at the north end of the developable industrial ground in the Green River Valley Plan. It will not provide a link to more property and thus will limit development around it. It will not impact the use of other industrial property to the south or ihterfere with it. The compromise position created with the creation of the emergency access drive will assure the continued safe function of the facility and not be detrimental to itself. SUMMARY: The proposal, as amended shown in the plans dated November 5, 1984, meet the intent of the Comprehensive Plan and the specific limitation set for in both the Subdivision Code and the Mining and Grading Ordinance. The detail plans and narratives', accompanying the site plan, suggest a very sensitive approach to the industrial development on this 'site. Heavy emphasis has been placed on the preservation of natural stands of trees, the safe functional access of vehibular traffic to each and every lot, the creation of a pleasant and heavily landscaped industrial area, and a continuation of the industrial pattern that has 'been established to the south of the project. PRELIMINARY REPORT w-IE HEARING EXAMINER1110ALTERRACORPORATION NOVEMBER 20, 1984 PAGE 5 H. RECOMMENDATION: Based upon the above analysis, it is recommended that the PRELIMINARY PLAT, file PI -089-84, be recommended for approval to the City Council. The SPECIAL PERMIT request, file SP-090-84, should be approved subject to: 1) The posting of a road clean-up bond in the amount of $5,000. This amount should be kept at an active level of $5,000 through the performace of the fill operation which should be limited to a maximum of a two year period. 2) 'In addition,.$25,000 in cash should be placed for the repair and maintenance of the roadbeds of either Powell Avenue S.W., Naches Avenue S.W., or S.W. 7th Street as 'a result of damage created from the truck activity. 3). The filling operation should be specifically limited from 9:00 am to 3:00 p.m. on'weekdays, and 7:00 a.m. to 5:00 p.m. on weekends. The VARIANCE request, file V-091-84, to allow cul-de-sac 'of approximately 2500 feet in length should be granted. Ilk u T` 00 A 0 O C',c,.':!r :: ; oopoMM. , `; pop•py: O O :; O © O g O O +'i 4^r.'..tn 0 0 opppo r-_ ' w.•.cge:,0%,? P, O O O O O O • © o O Q pr•r0°o°o Sil. 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C7 ram" r a sw.r.,Js.rw•a,arr,.-,._y,...+•.n+n,•.,., a.y.e-o-.•a yv.-fr ne4µ<nq'.^txw,w.n-._.+,.",n. ..,. .,,..«,« .,.a •...,..e "..,u+r • RUSE ELE'4ENTLANµrruTV,~ Z } G - Ili -P, Oin7-,t ,'. ,a rargra-= r-=_ i//U 1- -= ___________ Single Family 1../.l, Commercial o°000 t Medium Density Pa I Da c/O aao-Pub. 00000.0 c iii voo•High DensityLight f t ir ,1 it .i M 000000 Heavy Industrialf- , Recreation0 0 ® 00000 P0000.00000 A*,..,,,,."-.' Greenbelt E-_ -1 Manufacturing Park 1 4Uz 6... .. 11 F1 opo• 1- r 0.. ^ O'40p174Tf, O tea.+ ALTERRA CORPORATION PRELIMINARY PLAT PP-089-84 SPECIAL PERMIT SP-090-84 VARIANCE V 091-84 7 . 71..... ...::::8 IIP s_, f...." ..)...-"" \.. ....:. \ . _....- ---- ...ISM • I---..--1- ." - • I 1 . \i7''''- -J-...:Z----- • il>.. .' \ 8 . 41----e---L ----E-'7.-- ------'::4--..------c;: 75--1----E -11:1-7'1:\ V..•() • N_.‘\ :k. A ....--Fli17 N.. - - 1.-...., --.-----___ — • I I • — -7--------, ------•( 1 7--- -,:-- -.7.-,k.2- r 8: . 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RENTON,WASH.98055 Po ro• Ogr D SEPI BARBARA Y. SHINPOCH ME M O E,A N DU M MAYOR DATE: October 15, 1984,- TO: Roger J. Blaylock, Zoning Administrator FROM: Gene N. William V3 s; Associate Planner SUBJECT: Black River Technology Park -- Preliminary Plat, Special Permit, Variance. We have reviewed the above applications and offer the following comments. Preliminary Plat4?C? ' The proposed preliminary plat lays out a series of 1t acre lots. With the exception noted below, this appears to be consistent with the policies of the Comprehensive Plan -- and specifically the newly adopted Valley Plan. The Valley Plan calls for the "implementation of office and other similar service and light industrial activities in low rise building structures" and "small to medium scale office and business park uses" in this area. The size of the lots, the provisions for interior tree preservation, the landscaping guidelines and the building covenants appear to promote development in accordance with these policies and the conditions of the rezone. Our principal concern is the consolidation of a number of lots, which could allow the construction of large scale warehousing or industry in conflict with the Valley Plan. We recommend approval of the preliminary plat with the condition of site plan review to assure that specific development will be consistent with these use and bulk policies, with tree preservation areas and with landscaping guidelines. Special Permit Approval of the special permit for fill and grade will transform the riparian forest environment. Therefore, to preserve the amenities of the site, the special permit should be conditioned to required no disturbance of the dedicated greenbelt or restricted preserve areas and maintenance of the tree preservation pockets detailed on the plans. Rehabilitation or replacement should be required for any significant vegetation harmed in the preservation pockets. In addition, the hauling hours of operation should be limited to avoid the afternoon peak traffic. Variance The variance for cul-de-sac length is not addressed in the Comprehensive Plan policies. However, safe and convenient access is encouraged. The shape of the property and abutting features -- railroad track and P-1 channel system -- suggest a need for the variance. However, as the applicant has shown in previous submittals, a loop street system with small cul-de-sac or a westerly extension of the roadway are possible. The westerly extension could be placed adjacent to the railroad tracks and not disturb the greenbelt area. It could also end in a bridge across the outlet channel to Monster Road -- if a full service street were built -- or it could cross the railroad tracks just north of the outlet channel -- if only emergency access were provided. In either case, or through a loop roadway, solutions to the problem of access can be accomplished. Therefore, the requested variance is not a "minimum" relief necessary to prevent a hardship and should be denied. REVIEWING DEPARTMENT/DIVIS _ ,N : t'DIi APPROVED ROVED WITH CONDITIONS NOT APPROVED Pre I intix607 P14f V 41.c.e Se.e a/Adai. 14•1141,a1 ,4D f c6'k 4,2 43 Y.DATE: Waif / i, 1 SIGNATURE OF DIRECTOR OR AUTHORIZED REPRESENTATIVE REVISION 5/1982 Form 182 dF R11, 1 o THE CITY OF RENTON Z POLICY DEVELOPMENT DEPARTMENT • 235-2552 CMims MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 9,0 CO' 0, 9gT oEP1SP BARBARA Y. SHINPOCH M E M O R A N ICU M MAYOR DATE: November 9, 1984 TO: Roger J. Blaylock,, Zoning Administrator FROM: Gene N. Williams,Associate Planner SUBJECT: Black River Technology Park Based on the revised plat map of November 5, 1984 showing the emergency access drive, we would like to amend our comments on the Black River Tachnology Park application. My memo of October 15, 1984, states our position with regard to the preliminary plat and the special permit. These positions are unchan6ed. However, the revisions to access proposed in the recent plat map address our concerns about the variance for cul-de-sac length. The emergency access drive provides for secondary access, and the primary roadway is intentionally oversized. Although the cul-de-sac is still legally 2,500 feet long, the shape of the property is unique and the variance appears justified. The overall impacts to the forest environment will be less than a full street loop within the site. The emergency access drive appears to be located outside the greenbelt area and to avoid major tree preservation pockets. These items should be conditions of approval, however, to ensure the integrity of the greenbelt area. REVIEWING DEPARTMENT/DIV ON : (a_ D WITH CONDITIONSAPPROVEDPROVEDn NOT APPROVED zo/Z L ,/cam v'G G /y A)712 7 ) DATE;/22 • SIGNATURE !D'IRECTOR OR AUTHORIZED REPRESEr NTATIVE REVISION 5/1982 Form 182 REVIEWING DEPARTMENT/DIVISION: g02/'V A/L7 OAPPROVED APPROVED WITH CONDITIONS 1. NOT APPROVED pro . ,de e 'di Meth Cal C 611V pi 44144 2, 55,e add, l-/&+ta:j ,zele 01( 1? A SIG e4 OF DIRECTORDATE; 9-v/8 OR AUTHORIZED REPRESENTATIVE MEMORANDUM TO . ay. . I.VeJ l?'/r --UG lUr/, ef-acj'm(`, DATE ( 10-Q- 8y ) FROM 3eh, c,.Y . SUBJECT R7`C/Y'Q., - 3/( /r K(,T,ti CSzec Pe/ic- MO plcox /& de /L Afiek to.cl1 4.0,,e r7 bLl/j 42N 446)4 L 24 p,,cd a ley#1 s01) aN 404REVIEWINGDEPARTMENT/DI ; r'- {be_ V- /k APPROVED APPROVED WITH CONDITIONS LI NOT APPROVED Ai,zc- -*c4 i.,c c/ 6-Se-) 71-e "S:s • P C:14 /ad 7"--Y-a a 47 a/4--) y v Lei Cie 5/-1/FC l— (',J 2774 7 c/e $ Cy- I 74b C N 4S. CElc7 Prmvjcie P,-.®e a G ' a -. Ek fvae<<e, C•/7.../57.7,/2 DATE, SIGNATURE OF DIRECTOR OR AUTHORIZE REPRESENTATIVE REVISION 5/1982 Form 182 4 4If PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION • 235-2620 Z rLL M', n - x rn MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 0, 9 co- A Q' 9 rE.0 SEP O CITY OF RENTON BARBARA Y. SHINPOCH O (a OMAYORtUr f October 4, 1984 OCT 5 198; . BUILDING/ZONING DEP. TO : Jerry Lincj, Building & Zoning Department FROM : Gary Norris, Traffic Engineer SUBJECT: Black River Technology Park Al terra Corp. For your records the above-referenced development will be required to participate in a latecomer's agreement which shares the cost of the traffic signal installations at the following two locations : 1 . Powell Ave. SW & SW Grady Way 2. SW 7th Street & Hardie Ave. SW e-7CEA:ad ENVIRONMENTAL. CHECKLIST REVIEW SHEET , ECF - 094 _ 84 APPLICATION No(s) : PRELIMINARY PLAT (PP-089-84) , SPECIAL PERMIT (SP-090-84) , VARIAN V-091 PROPONENT: ALTERRA CORPORATION PROJECT TITLE: BLACK RIVER TECHNOLOGY PARK PPLICATION FOR PRELIMINARY PLAT APPROVAL TO SUBDIVI: Brief Description of Project : 11.16 ACRES OF PROPERTY INTO 46 LOTS FOR FUTURE OFFICE/WAREHOUSE USE, AND SPECIAL PERMIT APPLICATION FOR FILL & GRADING OF 425,500 CU. AND VARIANCE FROM SECTION # 9-1108(7) (K) & 9-1108(24) (A6) TO ALLOW A CUL-DE-SAC STREET LENGTH OF 2,500 FEET. LOCATION: LOCATED IN THE VICINITY OF S.W. 4th PLACE AND NACHES AVENUE S.W. SITE AREA: 71.16 ACRES BUILDING AREA (Gross) : N/A DEVELOPMENT COVERAGE (%) : N/A IMPACT REVIEW NONE MINOR MAJOR MORE: INFO 1) Topographic Changes : x 2) Direct/Indirect Air Wality: x 3) Water & Water Courses: x 4) Plant Life:x 5) Animal Life: x 6) Noise: x 7) Light & Glare: x 8) Land Use; North: BURLINGTON NORTHERN RR & UNDEVELOPED East : SUNPOINTE AtARTMENTS . South: WASHINGTON TECHNICAL CENTER West : UNDEVELOPED Land Use Conflicts : NONE ANTICIPATED View Obstruction: NONE ANTICIPATED 9) Natural Resources: x 10) Risk of Upset : x 11) Population/Employment: x 12) Number of Dwellings: x 13) Trip Ends (ITE) : DEPENDENT UPON BUILDING TYPES Traffic Impacts: ADDRESSED IN E.I.S. 14) Public Services : x 15) Energy: x 16) Utilities : x 17) Human Health: x 18) Aesthetics : x 19) Recreation: x 20) Archeology/History: x Signatures : i 1"/ Ronald G. Nelson Michael Parness Building & Zonin4 Director Administrative Assistant to the Mayor 7 r PUBLISHED: OCTOBER 10, 1984 Richard C. How on APPEAL DATE: OCTOBER 15. 1984 Public Works r r.—si1 406. IMP FINAL DECLARATION a , JON-SIGNIFICANCE ALTERRA CORPORATION: PP-089-84, SP-090-84, V-091-84 OCTOBER 1, 1984 PAGE 2 2. All tree preservation shown on the conceptual land use/preservation plan dated May 21, 1982, and used as Exhibit No. 12 per Rezone No. R-129-80, shall be retained. 3. The designated greenbelts are not to be disturbed. 4. Participation in a latecomer's agreement shall be required for traffic signal improvements for the intersections of S.W. 7th Street and Hardie Avenue S.W., and • S.W. Grady Way and Powell Avenue S.W. The amount due Will depend 'upon the building type(s) and trips generated and shall be paid to the City at the time of building permit issuance. SIGNATURES: 1/,/ Ronald G. Nelson Mi ael am Building and Zoning Director Administrative Assistant to the Mayor 2XRhardC. Houghton • ublic Works Director PUBLISHED: October 1, 1984 APPEAL DATE: October 15, 1984 REVIEWING DEPARTMENT/DIVIS. ON : r e_ n §EmOVED ROVED WITH CONDITIONS NOT APPROVED L U 5 30N ce_es tegkiditA9f ATI N 6NI'" 'rr •`.,;15 5/1 Q !/ Z e- 1J Prod%C e edRSb1t/ i r;•oi- 014,p ,nY D SfrN cl'o z - Application io(§):PP-089-84, SP-090-84, V-091-84 - i/ ll " e_ SU'vQ, ,6 t /u90 Meafi.5gnvgaivontErt-eWckififigl•p4,- S ,re r 16914 e. t-e Itei/ex-70 Pt • Dei&itiQl Fl os aY ro v"c dlicat'o afor reliminar 5atCapproZtoPP PP P Y subdivide approximately 71.16 acres of property into 46 lots for future office/warehouse use (Black River Technology Park), and special permit application for fill and grading of 425.500 cubic yards, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length off,5Q fee.DATE : S I GN#119.113MeetF DIRECTOR R UTHORIZE'/RIOIR CMWrgion Location of Proposal: Located in the vicinity of S.W. 4th R)Aglgl 5i t 982 Naches Avenue S.W. Form 182 Lead Agency: City of Renton Building and Zoning Department This pro osal was reviewed by the ERC on September 19, 1984 and September 27, 1984, follow£44 a 13zntation by Jerry Lind of the Building and Zoning Department. Oral • cgti4ments were . cep ed from: Gene Williams, James Matthew, Richard Houghton, r i haq -: - s, Renald Nelson, and JerrgUi UiNG & ZONING DEPARTMENTtr. Co' z Inco =- :- . reference in the record of. theRRAPR@0dtlgs1BDISbh3-E0 OT ORPPlication oCF-.-4-1 thgn'followina: MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 133 co- 1. O EnvironrrOtal Checklist Form, prepared by: Delton J. Bonds, dated August 30, BARBARA Y. SHINPOCH 2. A,ppupations: Preliminary Pl9t (PPMEMRP M and Variance (V-091-84). 3. Recommendations for a declaration of non-significance: i itding and.''lining Department, Utilities Engineering Division, Policy Development Department, and the Police Department. DATE: NOVEMBER 8, 1984 4. Recommendatings-for a de 1 ation of sigpific nce: Fire Prevention Bureau. TO: 1-1 Rje rREVENY1 I CYN) 5. Recommendation for more information: Parks and RecreatidiAoartrfiert9 '' affic Er dtatering Di$i s7ibaarbiAcEDieeitygErtIs9e lbivision. Acting a%ut31 4CFRespornitflii effitliatEttiliMetla tiitartletermined this development does not have a significant adOWARFrzboWt116rlidebtOtInvironment. An EIS is not required under RCW 43.21 C.030(2)(c). Thit;ld cf n$r8a9$fialla,attler019&11:#w tir(tta-bled agency of a complete environmental checklist and other information on file with the lead agency. Reasons for declaration of environmental nori-significance: Please find attached a revised site plan for the above referenced project. This finAnckleierateltinP4nribilusl icon ,% mil taw gillsOctstegottia,eflotiolvving acOradititgasicy being corer AIN:P rke to the south. 1. 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' l.-:- Y-..,.:•'•;;''. :: • ' Y..;•': f.....''..'' ,'• V'','•,- ,'• . i' ... r.''';',',' •:'....... 74., E.:: 3,'•;:'•:.;.•, f::'[... r • : • . i,,'.,;',':.,.„•-•:•• •:' 7,•••;`;;,.. ?•:;,.'..:::'...,• T":' Z;';',...:!;:,,`:;•‘:;,*;'; s•.. f,'./,:.',...-••• 1 L'.:•[•,'; .- s, •, ,, i•••'• '.•,','. :,•.:.,' 1.";•.•%';';•'' -. Ck".•;', f.:• 1•". .'..• f.;,-;,,,;‹,.. l.'. : . 2• .• Ii';.';'.• t 7.' i''f'..-....•; -; J'...".'•::•:•-‘:.•,• . i V•;•.•...''.-. C • s.',.'': I' • i-.;.'. '.- .'• J.:. ''.-'. . 4- . 2.-.• ' 1::::. 1'. 7-•! Tr. '..• . t-;:. i-: e..,:','..,. 1.'..,.. if:'.',.,;", S..::• 4.:- f.:t.1'.;1.i' ..• 3:-..*• 41,;>',.';''', - ' f'..--..,,,„' . ii::•-• .' 5?',. 7..:,!;;.:! i:--;• f-..':'.:. 1. 17? - f:::;;".'" •'.' , f,•, To-OF R4,4 A. o THE CITY OF RENTON t$ ® z POLICY DEVELOPMENT DEPARTMENT • 235-2552 Z ..LL MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 9,0 0, 911-6-0 SEP'1 . BARBARA Y. SHINPOCH MEMORANDUM MAYOR DATE: November 9, 1984 TO: Roger J. Blaylock, oning Administrator FROM: Gene N. Williams, Associate Planner SUBJECT: Black River Technology Park Based on the revised plat map of November 5, 1984 showing the emergency access drive, we would like to amend our comments on the Black River Technology Park application. My memo of October 15, 1984, states our position with regard to the preliminary plat and the special permit. These positions are unchanged. However, the revisions to access proposed in the recent plat map address our concerns about the variance for cul-de-sac length. The emergency access drive provides for secondary access, and the primary roadway is intentionally oversized. Although the cul-de-sac is still legally 2,500 feet long, the shape of the property is unique and the variance appears justified. The overall impacts to the forest environment Will be less than a full street loop within the site. The emergency access drive appears to be located outside the greenbelt area and to avoid major tree preservation pockets. These items should be conditions of approval, however, to ensure the integrity of the greenbelt area. OF j 40 4 0 BUILDING & ZONING DEPARTMENT z a .„ o RONALD G. NELSON - DIRECTOR 09 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 A 235-2540 co 0, 9gT 0 sEPW4‘Z BARBARA Y. SHINPOCH M E f OR A D T MAYOR N V CITY 0?V.IT'T,Ile3 _ DATE: NOVEMBER 8 1984 TO: l..JrIL111 Nov 964 FROM: BUILDING & ZONING DEPARTMENT PT° ZG. l.i W SUBJECT: BLACK RIVER TECHNOLOGY PARK ALTERRA CORPORATION FILE NO. PP-089-84, SP-090-84, V-091-84 Please find attached a revised site plan for the above referenced project. In this new plan you will note that the plat is now served by an emergency access drive to the south. Please review this plan. Your comments are needed urgently by FRIDAY, NOVEMBER 9th AT 12:00 P.M. For your reference is attached, your earlier comments on the development application review sheets. 061( 99j 1\9j11Pw/ ,' 1 k CITY OF Weoti w v.x NOV( Cif% M l' 61984 BUILDING/ZONING DEPT. November 5, 1984 Richard Carothers Associates Roger Blaylock Zoning Administrator Building & Zoning Department 200 Mill Avenue South Renton, Washington 98055 RE: Preliminary Plat, Special Permit and Variance for Blackriver Technology Park, Files PP-089-84, SP-090-84 and U-091-84; Property Located in the Vicinity of S.W. 4th Place and Naches Avenue S.W. Dear Mr. Blaylock: Please include the attached sheet number 13 entitled Emergency Access Drive into the above referenced applications. Sheet number 13 clarifies the issue of public safety and emergency access to properties located west5of Naches Avenue S.W. The cul-de-sac length is therefore reduced to 765 feet as indicated. The 30 foot wide easement includes a 24 foot wide aspahlt emergency access drive that shall remain unobstructed by parked vehicles, bollards, fences, gates, etc. truly yours, RICH D ARO RS ASSOCIATES ll ichard o s, APA, ASLA, CSI reiid t RAC:tlp Seattle Office: Eight Fourteen East Pike Street, Seattle, Washington 98122 Telephone (206) 324-5500 LJM QKf- J Q PROJECT Blackriver Technology, Park name, address): Renton, WA nchard carothers assooate• PROJECT NO: RCA No. 8412A Reply to: TO: Rodger Blaylock 88seatEesWashingtont98122RentonCityHal1 408 S.W.2nd Ave.#402 Portland,Oregon 97204 a WE ARE FORWARDING THE FOLLOWING: ® ATTACHED UNDER SEPARATE COVER VIA Originals Shop Drawings Specifications Request for Proposal 0 In Prints Photographs/Slides Contract Documents Equipment Submittals DRAWING NO. COPIES TITLE OR DESCRIPTION DATE SIZE 13 1 Emergency Access Drive 11/2/84 22"x34" Rodger: Please find enclosed print for your review and comment. Richard Carothers Associatep BY: DATE: 10/31/84 to en Spei , ASLA, Associate File COPIES TO: OF R 4,/1/ BUILDING & ZONING DEPARTMENT zNoLL RONALD G. NELSON - DIRECTOR ch p MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 90 0 09gr6-0 SEPSE\ stO BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: October 29, 1984 TO: Fred Kaufman, Hearing Examiner FROM: (1 Roger Blaylock, Zoning Administrator SUBJECT: Alterra Corporation Public Hearing: PP-089-84, SP-090-84, and V-091-84 The applicant's representatives have met with the Environmental Review Committee to discuss the intent of the conditions imposed in the environmental documents. The applicant, to specifically comply with that intent and provide the Hearing Examiner with a new site plan, has requested that the public hearing be continued until Tuesday, November 20th. This will enable the Building and Zoning Department who will receive the revised information by Friday, November 2nd, to circulate and obtain comments from the various departments and provide a formal staff report to the Hearing Examiner on Tuesday, November 13th in accordance with City ordinance. The specific intent of the first condition imposed by the Environmental Review Committee will be clarified by the Committee in a formal memo from the ERC to the Land Use Hearing Examiner after their formal discussion on Wednesday, October 31st. 2....„•-;?/'?„0,i.:?i.,•"?..• 04.,/,!..;;*•.X.CT,,,!,--03';• t;f5t4's, --) sr... DI 1.::::..,: "..:-..: 4:--,...V. u.iat21,141:.'4,;IL. •.j.4; INTER—OFFICE MEMO TO : DON MONAGHAN DATE OCTOBER- 25, 1984 FROM: _ JEANETTE RE: LEGAL FOR UPCOMING PUBLIC HEARING -- OCTOBER 30, 1984 ENCLOSED IS THE LEGAL FOR THE ELISA THOMAS RE4ONE. PLEASE CHECK IT FOR ANY ERRORS OR MISSING INFORMATION. :.) '(---•('-::,•, ,•'--- (,--2-. t'-.---•••-• '"!---,5,-.e. I HAVE ALSO INCLUDED ALTERRA's LEGAL ALTHOUGH WE EXPECT THAT THE PUBLIC HEARING WILL BE CONTINUED. On-,.....-,. „.2e..," ,_•'1: -,.... -,•„-,,,_,. a.<..-0 ,--/-.) ;,-.-"'2.,-! cfc• -- THANKS, 6(-t- 1,-.2::••••••-• :••::. '.••••'•••••:'....'•• •••:'•;•:.•• •:;.•,..::.i,-,...•.•, •••• -: :•••••••••••••••••.-•.••• ..- :,••••••; !:•,:••:1. ...., :•••• .-.•.--;:-...., •,• • .. -:, •••• -. . X: 2. I, . 7. ... 1• i . • I Z JJ.-t.,L pF R f, BUILDING & ZONING DEPARTMENTqif RONALD G. NELSON - DIRECTOR Z o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 9, o co O P 17'6-0 SEPS O BARBARA Y. SHINPOCH MAYOR MEMORANDUM October 25, 1984 TO: Fred J. Kaufman, Land Use Hearing Examiner r/ J FROM: Ronald G. Nelson, Building & Zoning Director , - SUBJECT: Alterra, Black River Technology Park_ PP-089-84, SP-090-84, V-091-84) The Zoning Division staff found that the applicant had not complied with an Environmental Review Committee condition. This condition requires the applicant to redesign S.W. 4th Place, the major access for the proposed plat. The Zoning staff have contacted the applicant concerning the issue and the department's position. The applicant has indicated a willingness to work with staff on the redesign, Representatives will be meeting with several of the staff to resolve the design problems. We feel that the design issue affects the total proposal and, until it's resolved, we recommend continuing the public hearing to a time presented at next Tuesday's meeting. RGN:JS-M:1 141 Z:wr A OF 124,A o BUILDING & ZONING DEPARTMENT RONALD G. NELSON - DIRECTOR 0 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH.98055 • 235-2540 GD- 0, 9 7, SEP-1E4‘ P BARBARA Y. SHINPOCH MAYOR October 19, 1984 Steve Speidel Richard Carothers Associates 814 East Pike Street Seattle, WA 98122 Re: Preliminary Plat, Special Permit, and Variance for Black River Technology Park, Files PP-089-84, SP-090-84, and V-091-84; property located in the vicinity of S.W. 4th Place and Naches Avenue S.W. Dear Mr. Speidel: The City of Renton Building and Zoning Department formally accepted the above mentioned application on August 30, 1984. A public hearing before the City of Renton Land Use Hearing Examiner has been scheduled for October 30, 1984. The public hearing commences at 9:00 a.m. in the Council Chambers on the second floor of City Hall. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you before the hearing. If you have any questions, please call the Building and Zoning Department at 235-2550. Sincerely, Roger J. Blaylock Zoning Administrator RJB:JMM c1 1132Z-3 OF 1? ? QI CD BUILDING & ZONING DEPARTMENT 1 rAv F RONALD G. NELSON - DIRECTOR rn04 MUNICIPAL BUILDING 200 MILL AVE-SO. RENTON,WASH. 98055 • 235-2540 094, D SEPTE P BARBARA Y. SHINPOCH MAYOR October 19, 1984 Alterra Corporation 710 Cherry Street Seattle, WA 98104 Re: Preliminary Plat, Special Permit, and Variance for Black River Technology Park, Files PP-089-84, SP-090-84, and V-091-84; property located in the vicinity of S.W. 4th Place and Naches Avenue S.W. Dear Sirs: The City of Renton Building and Zoning Department formally accepted the above mentioned application on August 30, 1984. A public hearing before the City of Renton Land Use Hearing Examiner has been scheduled for October 30, 1984. The public hearing commences at 9:00 a.m. in the Council Chambers on the second floor of City Hall. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you before the hearing. If you have any questions, please call the Building and Zoning Department at 235-2550. Sincerely, Roger J. Blaylock Zoning Administrator RJB:JMM:cl 1132Z OF I 4y „ = ° BUILDING & ZONING DEPARTMENT irtA rNAL RONALD G. NELSON - DIRECTOR p MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • 235-2540 90 co• 094T O SEPtE* BARBARA Y. SHINPOCH MAYOR October 19, 1984 J.A.G.-Renton Properties Associates 710 Cherry Street Seattle, WA 98104 Re: Preliminary Plat, Special Permit, and Variance for Black River Technology Park, Files PP-089-84, SP-090-84, and V-091-84; property located in the vicinity of S.W. 4th Place and Naches Avenue S.W. Dear Sirs: The City of Renton Building and Zoning Department formally accepted the above mentioned application on August 30, 1984. A public hearing before the City of Renton Land Use Hearing Examiner has been scheduled for October 30, 1984. The public hearing commences at 9:00 a.m. in the Council Chambers on the second floor of City Hall. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you before the hearing. If you have any questions, please call the Building and Zoning Department at 235-2550. Sincerely, Roger J. Blaylock Zoning Administrator RJB:JMM:cl 1132Z-2 Affidavit of Publication STATE OF WASHINGTON COUNTY OF KING SS. Cindy .Strup.p being first duly sworn on oath,deposes and says that she is the chief clerk of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the CITY O EN t aN aforesaid place of publication of said newspaper.That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior VepriziCourtoftheCountyinwhichitispublished,to-wit,King County, 11E Land Use HXXXX Hearing NOV 15 1984Washington.That the annexed is a BUILDING/ZONING DEPT. as it was published in regular issues(and not in supplement form of said newspaper) once each issue for a period of one consecutive issues,commencing on the 19th day of October 19 84 and ending the day of 19 ,both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of S 2 7 • 0 7 which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of undred words for each subsequent insertion. Chief Clerk Subscribed and sworn to before me this 19th day of Q.ctnber , 19 84 Notary Pub lc in a r the State of Washington, sidin_g at RemKing County. Federal Way Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. VN#87 Revised 5/82 Public Notice al to subdivide approximately 51 acres of a 71.16 acre tract into 46 lots for future office/warehouse use(Black Riv- er Technology Park), file PP-089-84, and special permit application for fill and grading of 425,500 cubic yards,file SP-090-84, and variance from Section 9-1108(7)(K) and Section 9- 1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet, file V-091-84; located in the vicinity of S.W.4th Place and Naches Avenue S.W. Legal descriptions of the files noted above are on file in the Renton Building and Zoning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRE- SENT AT THE PUBLIC HEARING ON OCTOBER 30, 1984, AT 9:00 A.M. TO EXPRESS THEIR OPINIONS. Ronald G. Nelson Building and Zoning Director Published in the Daily News Journal NOTICE OF PUBLIC HEARING October 19, 1984. R9470 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 ON THE SECOND FLOOR OF CITY HALL, RE- NTON,WASHINGTON ON OCTOBER 30, 1984, AT 9:00 A.M.TO CONSIDER THE FOLLOWING PETITIONS: ELISA THOMAS Application to rezone approximately 0.134 acre of property from R-1 to L-1 for future office or office/warehouse use,file R-094-84;located on the north side of S.W. 13th Street and 65 feet east of Maple Avenue S.W. ALTERA CORPORATION Application for preliminary plat approv- 1123Z NOTICE OF PUBLIC HEARING RENT ON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN 1HE COUNCIL CHAMBERS ON THE SECOND FLOOR OF CITY HALL, RENTON, WASHINGTON ON OCTOBER 30, 1984, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITION: ALTERRA CORPORATION Application for preliminary plat approval to subdivide approximately 51 acres of a 71.16 acre tract into 46 lots for future office/warehouse use Black River Technology Park), file PP-089-84, and special permit application for fill and grading of 425,500 cubic yards, file SP-090-84, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet, file V-091-84; located in the vicinity of S.W. 4th Place and Naches Avenue S.W. Legal descriptions of the files noted above are on file in the Renton Building and Zoning Department. ALL INTERESTED PERSONS TO SAID PETITION ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON OCTOBER 30, 1984, AT 9:00 A.M. TO EXPRESS THEIR OPINIONS. PUBLISHED : OCTOBER 19, 1984 Ronald G. Nelson Building and Zoning Director CERTIFICATION I, JEANETTE M. McKAGUE, HEREBY CERTIFY THAT FIVE COPIES OF THE ABOVE DOCUMENTS WERE POSTED BY ME IN FIVE 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 on the 19th day of October, 1984. SIGNED: OF RF02.NapTicE0, 9A 09q• 60 SEPZV' A0 City of Renton Land Use Hearing Examiner will hold a PUBLIC HEARING in CITY COUNCIL CHAMBERS , CITY HALL ON OCTOBER 30, 1984 BEGINNING AT 9:00 A.M. P.M. CONCERNING:PP-089-84, SP-o90-84, v-o91-84 flREZONE From To x SPECIAL / CONDITIONAL USE PERMIT T O RI I AND GRADF 425,500 CU, YDS, Li SITE APPROVAL I SHORT PLAT/SUBDIVISION of Lots PLANNED UNIT DEVELOPMENT LI1 VARIANCE FROM SECTIONS 9-ll08(7)(K) & 9-1,108(24)(A) (6) X PRELIMINARY PLAT GENERAL LOCATION AND/OR ADDRESS: LOCAIE1) IN THE VICINITY OF S.W. 4TH PLACE AND NACHES AVENUE S.W. LEGAL DESCRIPTION ON FILE IN THE RENTON BUILDING & ZONING DEPARTMENT. ENVIRONMENTAL DECLARATION SIGNIFICANT ( NON-SIGNIFICANT FOR FURTHER INFORMATION CALL THE CITY OF RENTON BUILDING & ZONING DEPARTMENT 235-2550 THIS NOTICE NOT TO BE REMOVED WITHOU' PROPER AUTHORIZATION r OF R.4,11, 0 THE CITY OF RENTON 4$ Co z POLICY DEVELOPMENT DEPARTMENT S 235-2552 MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 90 co- 0, 9gr Q SEPI, x40' BARBARA Y. SHINPOCH MEMORANDUM MAYOR DATE: October 15, 1984 TO: Roger J. Blaylock, Zoning Administrator FROM: Gene N. William Associate Planner SUBJECT: Black River Technology Park -- Preliminary Plat, Special Permit, Variance. We have reviewed the above applications and offer the following comments. Preliminary Plat The proposed preliminary plat lays out a series of 1t acre lots. With the exception noted below, this appears to be consistent with the policies of the Comprehensive Plan -- and specifically the newly adopted Valley Plan. The Valley Plan calls for the "implementation of office and other similar service and light industrial activities in low rise building structures" and "small to medium scale office and business park uses" in this area. The size of the lots, the provisions for interior tree preservation, the landscaping guidelines and the building covenants appear to promote development in accordance with these policies and the conditions of the rezone. Our principal concern is the consolidation of a number of lots, which could allow the construction of large scale warehousing or industry in conflict with the Valley Plan. We recommend approval of the preliminary plat with, the condition of site plan review to assure that specific development will be consistent with these use and bulk policies, with tree preservation areas and with landscaping guidelines. Roger J. Blaylock October 15, 1984 Page 2 Special Permit Approval of the special permit for fill and grade will transform the riparian forest environment. Therefore, to preserve the amenities of the site, the special permit should be conditioned to required no disturbance of the dedicated greenbelt or restricted preserve areas and maintenance of the tree preservation pockets detailed on the plans. Rehabilitation or replacement should be required for any significant vegetation harmed in the preservation pockets. In addition, the hauling hours of operation should be limited to avoid the afternoon peak traffic. Variance The variance for cul-de-sac length is not addressed in the Comprehensive Plan policies. However, safe and convenient access is encouraged. The shape of the property and abutting features -- railroad track and P-1 channel system -- suggest a need for the variance. However, as the applicant has shown in previous submittals, a loop street system with small cul-de-sac or a westerly extension of the roadway are possible. The westerly extension could be placed adjacent to the railroad tracks and not disturb the greenbelt area. It could also end in a bridge across the outlet channel to Monster Road -- if a full service street were built -- or it could cross the railroad tracks just north of the outlet channel -- if only emergency access were provided. In either case, or through a loop roadway, solutions to the problem of access can be accomplished. Therefore, the requested variance is not a "minimum" relief necessary to prevent a hardship and should be denied. OF ' A s ; :r' c ° PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION ® 235-2620 NIL n Ywb °' MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 090 co O 4P9 rEb SEP1°* BARBARA Y. SHINPOCH CITY OF RENTON MAYOR s October 4, 1984 OCT 5 198' BUILDING/ZONING DEP. TO : Jerry Lind, Building & Zoning Department FROM : Gary Norris, Traffic Engineer SUBJECT: Black River Technology Park Al terra Corp. For your records the above-referenced development will be required to participate in a latecomer's agreement which shares the cost of the traffic signal installations at the following two locations : 1 . Powell Ave. SW & SW Grady Way 2. SW 7th Street & Hardie Ave. SW CEM:ad t 0530N FINAL DECLARATION OF NON-SIGNIFICANCE Application No(s):PP-089-84, SP-090-84, V-091-84 Environmental Checklist No.: ECF-094-84 Description of Proposal: Application for preliminary plat approval to subdivide approximately 71.16 acres of property into 46 lots for future office/warehouse use (Black River Technology Park), and special permit application for fill and grading of 425,500 cubic yards, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet. Proponent: Alterra Corporation Location of Proposal: Located in the vicinity of S.W. 4th Place and Naches Avenue S.W. Lead Agency: City of Renton Building and Zoning Department This proposal was reviewed by the ERC ori September 19, 1984 and September 27, 1984, following a presentation by Jerry Lind of the Building and Zoning Department. Oral comments were accepted from: Gene Williams, James Matthew, Richard Houghton, Michael Parness, Ronald Nelson, and Jerry Lind. Incorporated by reference in the record of the proceedings of the ERC on application ECF-094-84 are the following: 1 Environmental Checklist Form, prepared by: Delton J. Bonds, dated August 30, 1984. 2.Applications: Preliminary Plat (PP-089-84), Special Permit (SP-090-84), and Variance (V-091-84). 3. Recommendations for a declaration of non-significance: Building and Zoning Department, Utilities Engineering Division, Policy Development Department, and the Police Department. 4.Recommendations for a declaration of significance: Fire Prevention Bureau. 5. Recommendation for more information: Parks and Recreation Department, Traffic Engineering Division, and Design Engineering Division. Acting as the Responsible Official, the ERC has determined this development does not have a 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: This final declaration of non-significance shall be subject to the following conditions being complied with: 1.The cul-de-sac street proposed is not approved and must be redesigned to reflect the l.'vnut shown on the conceptual land use/preservation plant dated May 21, 1982, and Used as Exhibit No. 12 per Rezone No. R-129-80. FINAL DECLARATION C ON-SIGNIFICANCE ALTERRA CORPORATION: PP-089-84, SP-090-84, V-091-84 OCTOBER 1, 1984 PAGE 2 2. All tree preservation shown on the conceptual land use/preservation plan dated May 21, 1982, and used as Exhibit No. t2 per Rezone No. R-129-80, shall be retained. 3.The designated greenbelts are not to be disturbed. 4. Participation in a latecomer's agreement shall be required for traffic signal improvements for the intersections of S.W. 7th Street and Hardie Avenue S.W., and S.W. Grady Way and Powell Avenue S.W. The amount due will depend upon the building type(s) and trips generated and shall be paid to the City at the time of building permit issuance. SIGNATURES: r % r Ronald G. Nelson Mi ael am Building and Zoning Director Administrative Assistant to the Mayor Rehard C. Houghton Public Works Director PUBLISHED: October 1, 1984 APPEAL DATE: October 15, 1984 1•. r ;.. it YCITYOrg ILD : it, u. u NI, NOV 15 1984 Affidavit of Publication BUILDING/ZONING DEPT. STATE OF WASHINGTON COUNTY OF KING ss. Cindy Strupp rr---.--:. being first duly sworn on Public Notice she chief clerk NOTICE OF 'oath,deposes and says that is the of ENVIRONMENTAL DETERMINATION,THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a ENVIRONMENTAL REVIEW COM- -'week.That said newspaper is a legal newspaper and it is now and has been MITTEEformorethansixmonthspriortothedateofpublicationreferredto, RENTON,WASHINGTON'printed and published in the English language continually as a newspaper The Environmental Review Committeepublishedfour(4)times a week in Kent,King County,Washington,and it is ERC) has issued a final declaration ofnowandduringallofsaidtimewasprintedinanofficemaintainedatthe aforesaid place of publication of said newspaper.That the Daily Record ten-significance for the following prefect:; Chronicle has been approved as a legal newspaper by order of the Superior WILLIAMS/BALES ermitt( ECF-095-84) Court of the County in which it is published,to-wit,King County, Application for building permit to con- struct a 13 unit apartment complex, :,1 consisting of two; 3-'unit buildings (Fir Washington.That the annexed is a ERC One Apartments), rile B-331; located ' along the east side of Monroe Avenue;;;` N.E.between N.E.11th Place'and N.E.-` 12th Street. The Environmental Review Committee ERC) has•issued a•final declaration of as it was published in regular issues(and non-significance with conditions for the not in supplement form of said newspaper) once each issue for a period following projects: ALTERRA CORPORATION (ECF- 094-84) e Application for preliminary plat approv-of one consecutive issues,commencing on the al to subdivide approximately 51 acres • i of a 71.16 acre tract into 46 lots for•.,1st day of October 84 future office/warehouse use(Black Riv ..,Y 19 and ending the or Technology Park), fire-PP-089-94, .'' and special permit application Jar fill and grading of 425,500 cubic yards,file • day of 19 ,both dates SP-090-84,and variance from Section ' inclusive, and that such newspaper was regularly distributed to its sub- to allowr arc and Sectionle9-1ngth 2,500scribersduringallofsaidperiod. That the full amount of the fee to cul-de-sac length of 2,5t30 feet,file V-091-84;located in the vicinity of S.W.4th.Place and Nachos Avenue charged for the foregoing publication is the sum of $3.2 4Q which S.W. has been paid in full at the rate of per folio of one hundred words for the AERODYNE CORPORATION (ECF • first insertion and per folio of one hundred words for each subsequent 096-84) insertion. Applic:Etion for conditional use permit to allow a 4-unit aircraft hanger to be J.-. .! d strict file CU-092 c84 ahocated at the south end of the Renton Municipal Chief Clerk Airport at 340 Airport Way South. Further information regarding this action • is available in the Building and Zoning Subscribed and sworn to before me this a-St day of Department, Municipal Building, Renton, Washington, 235-2550. Any. appeal of ERC action must be filed with the HearingOctober1984ExaminerbyOctober15, 1984. Published in the Deity Record Chronicle d;-- iOctober 1, 1934. R9435 Notary Public in d for the State of Washington, residing at UNK King County. Federal Way - , Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. VN 087 Revised 5/82 0525N NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a final declaration of non-significance for the following project: WILLIAMS/BALES (ECF-095-84) Application for building permit to construct a 16 unit apartment complex, consisting of two, 8-unit buildings (Fir One Apartments), file B-331; located along the east side of Monroe Avenue N.E. between N.E. 11th Place and N.E. 12th Street. The Environmental Review Committee (ERC) has issued a final declaration of non-significance with conditions for the following projects: 14LTERRA CORPORATION (ECF-094-84) Application for preliminary plat approval to subdivide approximately 51 acres of a 71.16 acre tract into 46 lots for future office/warehouse use (Black River Technology Park), file PP-089-84, and special permit application for fill and grading of 425,500 cubic yards, file SP-090-84, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet, file V-091-84; located in the vicinity of S.W. 4th Place and Naches Avenue S.W. AERODYNE CORPORATION (ECF-096-84) Application for conditional use permit to allow a 4-unit aircraft hanger to be constructed in a P-1 (Public Use) zoned district, file CU-092-84; located at the south end of the Renton Municipal Airport at 340 Airport Way South. Further information regarding this action is available in the Building and Zoning Department, Municipal Building, Renton, Washington, 235-2550. Any appeal of ERC action must be filed with the Hearing Examiner by October 15, 1984. Published: October 1, 1984 ENVIRONMENTAL CHECKLIST REVIEW SHEET ECF - 094 _ 84 APPLICATION No(s) : PRELIMINARY PLAT (PP-089-84) , SPECIAL PERMIT (SP-090-84) , VARIANT V-091 PROPONENT: ALTERRA CORPORATION PROJECT TITLE: BLACK RIVER TECHNOLOGY PARK APPLICATION FOR PRELIMINARY PLAT APPROVAL TO SUBDIVI: Brief Description of Project : 71.16 ACRES OF PROPERTY INTO 46 LOTS FOR FUTURE OFFICE/WAREHOUSE USE, AND SPECIAL PERIT APPLICATION FOR FILL & GRADING OF 425,500 CU. ' AND VARIANCE FROM SECTION # 9-1108(7) (K) & 9-1108(24) (A6) TO ALLOW A CUL-DE-SAC STREET LENGTH OF 2,500 FEET.. LOCATION: LOCATED IN THE VICINITY OF S.W. 4th PLACE AND NACHES AVENUE S.W. SITE AREA: 71.16 ACRES BUILDING AREA (Gross) : N/A DEVELOPMENT COVERAGE (%) : N/A IMPACT REVIEW NONE MINOR , MAJOR MORE INFO 1) Topographic Changes : x 2) Direct/Indirect Air Quality: x , 3) Water & Water Courses : 4) Plant Life:x 5) Animal Life: x 6) Noise: x 7) Light & Glare: x 8) Land Use; North: BURLINGTON NORTHERN RR & UNDEVELOPED East : SUNPOINTE APARTMENTS South: WASHINGTON TECHNICAL CENTER West : UNDEVELOPED Land Use Conflicts : NONE AI?TICIPATE13 View Obstruction: NONE ANTICIPATED 9) Natural Resources; x 10) Risk of Upset : x 11) Population/Employment : x 12) Number of Dwellings : x 13) Trip Ends ( I TE) : DEPENDENT UPON BUILDING TYPES Traffic Impacts : ADDRESSED IN E.I.S. 14) Public Services : x 15) Energy:x 16) Utilities : x 17) Human Health: x 18) Aesthetics :x 19) Recreation: __ x 20) Archeology/History:x Signatures : e/7, / f Ronald G. Nelson Michael Parness Building & Zoning Director Administrative Assistant to the Mayor 7 ll. 7-4 c r,%v PUBLISHED: OCTOBER 10, 1984 Richard C. Houghtofl APPEAL DATE: OCTOBER 15. 1984 Public Works Director NOTICE ENVIRONMENTAL DECLARATION APPLICATION NO.PP-089-84, SP-090-84, V-091-84, ECF-094-84 PROPOSED ACTION APPI ICAT1ON FOR PRFI TM, PLAT APPROVAL TO SUBDIVIDE PPPROX 51 ACRES OF A 71.16 ACRE TRACT INTO 46 LOTS FOR FIITHRF OFFTCF/WARFHOUSF USF (BLACK RIVER TECHNOLOGY PK) SPECIAL PERMIT FOR FILL & GRADE. VARIANCF FROM SFCTION 9-11102(7)(10 R._ (24)(I GENERAL LOCATION AND OR ADDRESS LOCATED IN THE VICINITY OF S.W. 4TH PLACE & NACHES AVENUE S.W. POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE I E.R.C.] HAS DETERMINED THAT THE PROPOSED ACTION DOES XDOES NOT HAVE A. SIGNIFICANT ADVERSE IMPACT ON THE ENVIRQNMENT. AN ENVIRONMENTAL IMPACT STATEMENT WILL XWILL NOT BE REQUIRED. AN APPEAL OF THE ABOVE DETERMINATION MAY BBEY 5:00 DP.WIT U, THFr• R NTON HEARING EXAMINER 1964 FOR FURTHER INFORMATION CONTACT THE CITY OF RENTON BUILDING & ZONING DEPARTMENT 235-2550 DO. NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION 0515N ENVIRONMENTAL REVIEW COMMITTEE AGENDA SEPTEMBER 19, 1984 THIRD FLOOR CONFERENCE ROOM: COMMENCING AT 10:00 A.M. OLD BUSINESS: ECF-014-84 HONEY CREEK ASSOCIATES R-014-84 Application to rezone 48.5 acres of property from G-1 to G-1, PPUD-015-84 R-1, and R-2 and for approval of a preliminary PUD consisting of a multi-family condominium development having 185 housing units. This revised application is to be constructed in two phases. The first phase will be 99 units to be located on the south side of Honey Creek; property located in the vicinity of the 2200 block of Jefferson Avenue N.E. ECF-091-84 FETTERLY ANNEXATION Reconsideration is being asked from Robert Fetterly of the final declaration of significance issued by ERC, to annex 0.9 acre of property into the City of Renton for future single family use; located at the southeast corner of 140th Avenue S.E. and S.E. 116th Street (N.E. 10th Street). NEW BUSINESS: ECF-094-84 ALTERRA CORPORATION PP-089-84 Application for preliminary plat approval to subdivide SP-090-84 approximately 71.16 acres of property into 46 lots for future V-091-84 office/warehouse use (Black River Technology Park), and special permit application for fill and grading of 425,500 cubic yards, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet; located in the vicinity of S.W. 4th Place and Naches Avenue S.W. ECF-095-84 WILLIAMS/BAI ES B-331 Application for building permit to construct a 16 unit apartment complex, consisting of two, 8-unit buildings (Fir One Apartments); located along the east side of Monroe Avenue N.E. between N.E. 11 th Place and N.E. 12th Street. ECF-096-84 AERODYNE CORPORATION CU-092-84 Application for conditional use permit to allow a 4-unit aircraft hanger to be constructed in a P-1 (Public Use) zoned district; located at the south end of the Renton Municipal Airport at 340 Airport Way South. INFORMATION: WASHINGTON STATE DEPARTMENT OF TRANSPORTATION A proposed declaration of non-significance has been issued for the construction of a 160 stall Park 'n Ride lot on property leased from St. Matthews Lutheran Church. The lot will be maintained by METRO Transit. The proposal also includes paving of the church's existing gravel parking lot; located at the northeast corner of Edmonds Avenue N.E. and N.E. 16th Street. Any comments are due by September 28, 1984. OF R4,1 THE CITY OF RENTON;. MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 rn BARBARA Y. SHINPOCH, MAYOR ® PLANNING DEPARTMENTo P 235- 2550February25 , 1981 9' tED SEP1° 4# Loren Davis First City Equities 900 Fourth Avenue, Suite 3818 Seattle, Washington 98164 RE: EARLINGTON PARK - REQUIRED MITIGATION Dear Mr. Davis: Pursuant to Section 2810 (c) of the Renton Environmental Ordinance Chapter 28, Title IV) , the Environmental Review Committee has reviewed the Earlington Park proposal, the Draft EIS, and Final EIS to determine reasonable conditions necessary to mitigate or avoid the adverse impacts of the project. The Environmental Review Committee finds that adverse environ- mental impacts identified in the Draft EIS and in comments and responses to the Draft EIS (contained in the Final EIS) will occur as a result of the development of the project. These include adverse impacts to open space and recreation, storm drainage, flood control, water quality, flora, archaeo- logical resources , and transportation/circulation. Accordingly, the Environmental Review Committee has determined that mitigating measures are necessary and that the following conditions shall apply to any approval given by the City to the Earlington Park project. A: As part of the development of the Earlington Park project, the proponents shall : 1 . Plat Phase 2 into Tracts A and B during the first subdivision process. 2. Show as "reserve" on the face of the plat that area required for permanent right-of-way of the East Side Watershed Project. 3. Dedicate to the City of Renton as public open space and a storm water detention area that portion of the site between Springbrook Creek and Black River north of the extension of the east segment of the northern property line. (See attached Exhibit A, ) Loren Davis First City Equities February 25, 1981 Page Two 4 . Preserve in a natural condition the first 1600 feet of the old Black River channel and associated riparian vegetation upstream of the confluence of Springbrook Creek. and Black River. (See attached Exhibit A. ) 5. Dedicate an easement for storm drainage along the north property line from the northeast corner of the site to the Black River channel. (See attached Exhibit A. ) 6. Direct all storm drainage from the site east of Springbrook Creek to the upstream end of the old Black River channel for the purpose of wetland treatment (as per the Water Quality Impact Assessment) . 7. Extend the existing storm sewer line on the site in an appropriate size) northwestward to the upstream end of the old Black River channel. 8. Preserve Springbrook Creek and Black River in their natural condition and existing locations until such time as the Environmental Review Committee determines that relocation to conform to the East Side Watershed Project is necessary. 9. Retain as open space that portion of the site deter- mined to have cultural significance by the Office of Public Archaeology until such time as the Environ- mental Review Committee determines that the site is no longer needed for archaeological purposes. B. Prior to the development of Phase 1 , the proponents shall: 1 . Extend Powell Avenue to S.W. Grady Way, with final intersection location to be determined by the Public Works Department. 2. Participate in the signalization of the intersection of Powell Avenue and S.W. Grady Way by contributing 35% of the costs of this signalization, 3. Participate in the signalization of the intersection of Edwards Avenue and S.W. 7th Street by contributing 20% of the costs of this signalization. r_ Loren Davis First City Equities February 25, 1981 Page Three C. Prior to the development of Tract B, Phase 2 , the proponents shall: 1 . Construct Valley Parkway (2 lanes) along the west side of Tract B from S.W. 7th Street to S.W. Grady Way. 2. Participate in the signalization of the intersection of Valley Parkway and S.W. Grady Way. D. Prior to the development of Tract A, Phase 2 , the proponents shall: 1 . Construct Valley Parkway (2 lanes) from S.W. 7th Street to Monster Road. The above conditions are applied by the Environmental Review Committee acting as the Responsible Official for the City of Renton in order to mitigate and avoid adverse environmental impacts of the proposal. These conditions are final unless appealed within fourteen days to the Land Use Hearing Examiner. If you have any questions or need further clarification, please contact the Planning Department at 235-2550. Very "truly your LORKleme Acting Planning Director 130472f-71: Richard C. Houghto Acting/ Public Works Director Ronald G. Nelson Building Director cc: Barbara Y. Shinpoch, Mayor Lawrence J. Warren, City Attorney R. W. Thorpe and Associates COprd;fj®M 1. Con d;7;on 3 e%1'er CopplaVion 5 dele„lion b4.t r I fl 11111111.11111 t 81111111-I 1 IIIllflltllllllltfillt' d i rrA 4.c Pit ase I 111 1 d/e I i i 1 1 1 l a et B 1 7 1 1 t 1 Q 1 z 1 1 1 1 1 V00000j N4,1°' Gf& 5- W• Exh *it E N `I`RONM'ENTAL_ CH'E.CKL I ST REVIEW SHEET ECF - 094 _ 8,4 APPLICATION Not(s,),.;:_ `•'PRE_:11.4I:N'PRY--•MAD PP-089-81 ) , SPECIAL PERMIT (SP-090-84) , VARIAN V-091 PROPONENT: ALT'E.:R.RA CCRPORA "I,ON PROJECT TI:TLE.: B_74ACK TECHNOLOGY PARK PPI:.I:CATION FOR PRELIMINARY PLAT APPROVAL TO SUBDIVI Brief De s c r-i;ptti o n..,O f 'P;r•o;j;e,c t;:' '1;,1;6 ACRES OF PROPERTY INTO 46 LOTS FOR FUTURE OFFICE/WAREHO,US;E ,US:E,,: AN;D ;SPECI;AI, PERMIT APPLICATION FOR FILL & GRADING OF 425,500 Cu. • AND VARIANCE FRAM'S;EC4T20N 41• 71:,(1')• & 9-1108(24) (A6) TO ALLOW A CUL-DE-SAC STREET LENGTH OF 2,5.00 FEET:.: LOCATION; LOCATED `IN'•THE` VICINITY OF'::5,.W. 4th PLACE AND NACHES AVENUE S:W. SITE AREA.: •71•':16 ACRES. II,U'I.LDING AREA (Gross) : N/A DEVELOPMENT .001%E;RAG;E:. :(N:jA i141.51,A,CT•R' V'IAW NONE MINOR MAJOR MORE INFO 1) Topographic-.',Cha,n',g>es;:x 2) Di.rest/In.di:r,eca' A.; ;r-; 44.414Xy; x 3) Water & ,W,a,:t e-r :,C;,o u rs.i.es x 4) Plant 14.ie:.". x • 5) Animal Lite:. x 6) Noise: x 7) Light & G,la.:re;: . x 8) Land Us.e.; Nor-th;^ :B,UR tiZ.TON 'NORTHERN RR & UNDEVELOPED E;a<s;;t;,::. ,." :SUNLPO_INTE`'AtARTMENTS S01Llattl '.WAS:HTNGTON`'TECHNICAL CENTER • Weis t,;. :UNIDEVELOPED Land Use Corn=E i_c9t s.: "NONE-ANT'I•CI'PATED •• • • • ' View Obs,tr:U;C:t iQ'_n ; - 411O11E.'<-ANTTICIPATED • 9) ,:Natural Reis ou.rjcsetS;;:• . x 10) Risk ' of .Ups.et.., x. . 11) Population/E;m9plo,ymetot ;, x 12) Number of .D,w;e7:l., ngs; ' ` 13) Trip Ends (.h:Th:E) _ UPON_ BUILDING TYPES Traffic inp.a>ct s;:.w - AD-D-RES'SED' I'N E.I S. 14) Public Bermi.cie s ; :, :, X 15) Energy 16) Utili'ties._ x• 17) Human Health x 18) Aesthetics::: x 19) Recreation x Y. 4_:.rr.:20 A r c h e.o 1 o_qy/:H 1's'tio V yr;:_ x Signatures: Ronald G. N:el,soan,'•:.:;. : ' , ` ' tichael. Farness Building & Zo:n: n ;`D i;r;,e.,c Moir•:, Administrative Assistant to the Myer OCTOBER 10 1984 r_',« •' ` ,.•,:.' - ' PUBLISHED: Richard C. H,oa n T M'`- APPEAL DATE: OcTOBER 15k1933_4 Public F{orh r',: namr , .: 'O'ot3o°0-4' e •• • • • • • a .. - ' ::::::::::::.t4r, 000: 4,1,:it`ii, e • i1,.,Aiiii7i p i.,. i 00000 • • 1 .••i j]p00000000 2.4.447 I MUM .•• '.,.,.,00000 ' i • • • • • • • • • •• •••:; f t...1111111111r,' 1iv.g..o.L.o.; i o'0 0,000 ALTERRA CORPORATION 1 • Iril.y_" ffl..1il_..,•u„ ii i, mso9../O,N 61l,,i41,,.,1i_14,•71•1•Il,116l! 16W1' o• 7. i I! : lill r,l `M®PRELIMINARY PLAT PP-089-84 ' 1•• , ZZ3 ,1 SPECIAL RERi IIT SP 090-84sly./o 1..- a r a;a' VARIANCE V-091-84. R I qa z 00000 - 11., \a`. '. 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A. t'• e`er o00°.Pe'' o oo1.000l • •/ 7777 r11.•.'T;'••.R'en. 000K' 000000° ', G:•y. 4w.rr `o c .0000.. rj o00°0001 • ,"w 1• i o i LAND USE ELEMENT I i o _ Single Family Commercial I LLowDe.nsity Office / Office ParkMu.ltl-Family t Medium Density 00000., Public/Quasi-Public -11A,u'lt,i Family 00,0000• v DensitHi;g-_ Mua.tl'-.Fa.m.ily Light' Industrial V: R•e,c.r e,,ati,on Heavy Industrial • Me TcrO rs';;,; ; Greelnbelt Manufacturing Park 1 a,. ' 1 1 •1 ALTERRA CORPORATION PRELIMINARY PLAT PP-089-84 SPECIAL PERMIT SP-090-84 VARIANCE V 091-84 Q i - +— - i- -_-i cISi- n- Rf' y'Q 1 - .-J _ i I Save Tree C f_.• \•f ,;\ \ J 'I/j C.r.: 7lr!' I min' /= / A\ r, c et-N: st, Y. li` J Typical,Retaining)WI - Yp T.:-.\- N'''' 2\;/\.\Nsi/ EMERGENCY ACCES'S DRIVE -.- - 4 4 Rid :: l / O /• J 4 1 e., 4l ll,. I! 11 I . ea.. 0":# 1:1"°°°"" 1- 011'.?b.oA-77 THE CITY OF RE.NTON 2 POLICY p.EVELOPMENT DEPARTMENT • 235-2552 n MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH.98055 09A co.. QO,94'ED SEPSES BARBARA Y. SHINPO,C:H MEMORANDUM MAYOR DATE: Octo.b.er 15,, .1944.. TO: Roger J. Blay,:1.Pck, 10.41.48,A,d_.mini.s.trator FROM: Gene N. Wllia.m_`, ss.o,c.iate Planner SUBJECT: Black River T:echnol_ogy Park Preliminary Plat, Special Permit, Variance. We have reviewed the .above .ap)plications and offer the following comments. Preliminary Plat The proposed preliminary plat lays out a series of 1t acre lots. With the exception noted below, this appears to. be consistent with the policies of the Comprehensive Plan -- and specifically the newly ad.o,pted Valley Plan. The 'Valley Plan calls for the "implementation of office and other similar service and.' light .industrial activities in low rise building structure? and "s.mall..t.o. m.edlum scale office and'business park uses" in this area. The size of the lots., the pro:visi.ons for Interior tre.e preservation, the landscaping guidelines and the building covenants appear to promote development in accordance with these policies and the cond:itions.of the rezone.. 0-u .. principal concern is the consolidation of a number of lots, which =could- allow the. c.onstruc:tio.n of large scale warehousing or industry in conflict with the Valley Plan.,. We recommend approval of .th,e, preliminary plat with the condition of site plan review to assure that specific development will be consistent with these use and bulk policies, with tree preservation areas,and with landsc.a.ping, guidelines. Special Permit Approval of the special permit foSr fill and grade will transform the riparian forest environment. Therefore, :to preserve the amenities of the site, the special permit should be conditioned to required, no; .dl_sturba:nc.e of the dedicated greenbelt or restricted preserve areas and mairntanance of t:he .tr.ee preservation pockets detailed on the plans. Rehabilitation or replaCAment,ahould be r.equ r.ed for any significant vegetation harmed in the preservation pockets,. . .addito•.,n,. the hauling hours of operation.should be limited to avoid the afternoon peak traffic.. Variance The variance for cul-de-see .length is ;not addressed in the Comprehensive Plan policies. However,. safe and conwe:nient access Is .encouraged. The shape of the property and abutting features railroad track and P--.1 .channel system -- suggest a need for the variance. However, as the kppli.c,ant has shown in previous submittals, a loop street system with small cul-de.-.sac .or .a. westerly extension of the roadway are possible. ,The westerly extension .c,ould be placed a'ja.ce_nt to. the railroad tracks and not disturb the greenbelt area. It •could, also end_in a _bridge across the outlet channel to Monster'Road -- if a full service street we_re_-:bult, -.- or.it could cross the railroad tracks just north of the outlet channel -- if only emargen.cy.aec-ess were ,provided.. In either case, or through a loop roadway, solutions. to: :the, problem -.of.-.access can be accomplished. Therefore, the requested variance. .is. not .a. "Amtnimum" relief,necessary to prevent a hardship and should be denied. 7 APPROVED TRW:WED. WITH, CONDITIONS-- NOT APTINibiss.6. 444.. ..., 4 .. , - -. Potiokik,A,.r7.• .144# V44.1.4p.e.€ 5:re.eal P4evo -;. f 74 Se.e ..,ciital,04.4.4• pot.. kimck5 4,r czbel•kv..2.-ti 4 n. td.dia,,...._ DATE : 0a101)11 ltgi SIGNATURE OF DiatCTOPOR41746gaID- RERRESENTATIVE REVISION 5/1982 Form 182 OF R4,-,'IAA 4 I .• • o THE CITY OF RENTON c) t .40 Z POLICY DEVELOPMENT DEPAkTMENT • 235-2552 0)MUNICIPAL BUILDING 200MILL AVE. SO. RENTON,WASH. 98055. 0 lo. co, 6 c• 9 0.ipQo •SE131„ BARBARA Y. S.HINP.00K MEMORANDUM . MAYOR DATE: November 9..1584.I TO: Roger.a. Blaylock., Zpnin.g Administrator FROM: Gene N...Valliams;;:Associate Planner SUBJECT: Black.River Technology Park Based on the revised .plat map...of November 5, 1984 showing the emergency access drive, we would like to' amend our, comments on the Black River Tachnology Park application.My memo of October 15,, -1‘.984,,,.states our position with regard to the preliminary plat and the special permit. Th.e.s.elmslIto.Riamunchenged. However, the revisionsfWagge.ss propose,d in the recent plat map address our concerns about the variance. -for-,ou.1--.-de.-sao length. • The emergency access drive provides for secondary access, and the'..orimary .roadway is intentionally oversized. Although the cul-de-sac is still legally. .215.0O, feet long,, the shape of the property Is. unique .and the variance•appears justified. •The. .overan impacts to the forest environment will be less than a full street lopp..:within-.the. site. The emergency.access drive appears to be located outside the ,greenbelt area ard-t0: avoid major tree preservation pockets. These items should be conditions.OtaPprovai..howeVe"..to ensure the integrity of the greenbelt area. PPROVED TRovED WITH CONDITIONS. NOT APPROVED 0/‘2, Ali/ SIGNATURE/ • RECTOR OR ,AVUHtliFIIZED REPRESENTATIVE REVISION 6/1982 Font) 182 REVIEWING DEPARTMENT/DIVI.S.ONA Ze5A/Aarl APPROVED S A,131' ROM E WITH CONDITIONS NOT APPROVED I. Allude aCidt 441AI 6a,6ftiefils as meh cet-/-ec/ ain) pia/tug, 5e,e, caci• 1144,tij 44. /e-G 01*.t, Pikoke-1 C V< /2-t. e.-6 4 cc.,1 ..7J7747-e 6 RZA DATE; SIGNATURE OF DIRECTOR OR AIJIITORIZED REPRESENTATIVE WIEMORANDUM s Tr li-thre TO Prs.- rek DATE ( FROM SUBJECT /4/7/C/*/4_ - P /4-. An/ 6tXel-C r-04,14rolf beht,' /ocJkS k /ocr; 3 . e 4/ 1f le 44,v: z j)& p(cox ikai 4 NcrA, t.;// ve 72) I 6,AA o 61- 44(RS 204,/ - Ate- ic air /11 a t REVIEWING DEPARTMENT/Dr—"WI: Yit J APPROVED APPROVED WITH CONDITIONS NOT APPROVED ecs !. /S C C.-4 te Ad Hi;?kg.d AiV/e"-- /-ral7); L 4s; s P) -elti dr, Li 21;--) Y. 2 y 43.1.",tip 5/7/6,c- i2 s csA'' 71b 14—) 57/igl- Cl . [AY • gY Pron1444, Ch.at.41- ecz J/P'DATE: SIGNATURE OF DIRECTOR' OR AUTHORT.ZE_—REPRENTATIVE REVISION 5/1982 Form 182 c4)t% PUBLIC. WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION • 235-2620 NIL 0 290 MILL AVE.SO. RENTON,WASH.98055 0 o 0 41‘ 4,0‘1E0 SEPI - BARBARA Y. Si-INK/CH. CITY OF RENTON MAYOR flEINEOWErin October 1 , 1984. OCT 5 1981, BUILDING/ZONING DEF. TO : Jerry 044, -.411.41ing .6 Zoning Department FROM : Gary Norr:I.s.,. Traffic Engi neer SUBJECT: Black River 'Tec_hnology Park Al terra, Corp.. For .your records the .ahove.---referenc.ed development will be requi red .to parti ci pate in laitegomer s :agreement which shares the cost of the tr4fflg signal install-At lon.s -at the following two locations : 1 . Powell Avg,, .SW 4: SW ..Gr.o.dy Way 2. SW 7th Street. .6 Rordite. Ave. SW CEM;ad OVED ROVED WITH .CONDITIONS NOT APPROVED 0 e I c. tirit.- 1!5 5 1 `( . . e- Cc-eS6 o.a cI 1,0:.a - . 4 1 6 D.+S frk C.7 .' 0 n Prod 7 lap-;.0,,,. 4/;! l Li t ' ,tJe, scrvad A I /0 MeanS do kge_r.r„;,e/p drC i:4f Olt 0Q access 7D frovr14 .40.1 4Z4C-01:da 14' /41/6 I tOC) C;t-e• //'d 71e4-1'.°I/ ' 1,, 1 DATE 17' ftiiii SIGNATURE O.F DIRECTOR R -.UTH RIZ;E!/ RE.FRE.S.ENTATIVE REVISION 5/1982 Form 182 of R eN A. o y BUILDING ZONING DEPARTMENT RONALD G. NELSON - DIRECTOR 0 I.sea B,UJ;L.P,IN.G 20.0 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 P P 94, EO SEPTt, O BARBARA Y. SHINPOCH MEMORANDUM MAYOR DATE: NOVEM. R 8:, 1•9:84 TO: INOVJ 7 1984 FROM: BUILDI;N.G 4.Z,ONING DEPARTMENT . A SUBJECT: BLACK RIVER TECHNOLOGY PARK ALTERM CORPORATION FILE N.O:. ,PAP-W‘98.4, S:P-0900-84, V-091-84 Please find attach.ed. a .revised site plan for the above referenced project. In this new pla:n .yo,u will note that the plat is now served by an emergency access drive to -the -so,u•t:h. Please review this ,plan,., Your comments are needed urgently by FRIDAY. NOVEMBER 9th AT 12:40 P.M. For your reference is attached, your earlier comments on the d,e,velPpnAn.t application review, sheets. 4.. 4. : >Lbil-', /ne?.'y .16, ..ec.-(/,'€__ ea/ i e4127/e/r .#.77,-:,;,--) G(2.. .s=r. " (7,. J 7,er,,.e j J 0530N FI.NA.L DECL,ARATI.ON OF NON-SLONIFICANCE Application No(§).:PP-0.89-8:4, SP-090-84, V-091-84 Environmental Checklist. No.: ECF-094-84 Description of Proposal: Application for preliminary plat approval to subdivide approximately 71.16 acres of property into 46 lots for future office/warehouse use (Black River Technology Park), and special permit • application for fill and grading of 425.500 cubic yards, and variance from Section 9-1108(7)(K) and Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet. Proponent: A.lterra Corporation Location of Proposal: Located in the vicinity of S.W. 4th Place and N.ach.es Avenue S.W. Lead Agency: City of Renton Building and Zoning Department This proposal was reviewed by`,the ,ERC on September 19, 1984 and September 27, 1984, following a presentation by Jerry Lind of the Building and Zoning Department. Oral comments were • accepted from: :Gen.e Williams, James Matthew, Richard Houghton, neMichaelPerss, Ronald Nelson...and Jerry Lind. Incorporated by reference in the :r.:ecord of the proceedings o.f the ERC on application ECF-094-84 are the following: • 1. Environmental Checklist. Form, prepared by; Dalton J. Bonds, dated August 30, 1984. 2. Applications: Preliminary; Plat .(PP-0.89-841, Special Permit (SP-09Q-84), and Variance (V-091-84). 3. Recommendations for a. declaration .of non-significance: Building and Zoning Department, Utilities Engineering, Division, Policy Development Department, and the Police Departm,ent,. 4. Recommendations for .a declaration of significance: Fire Prevention Bureau. 5. Recommendation for more information: Parks and Recreation Department, Traffic Engineering Division.and:Design Engineering Division, Acting as. the Responsible Official,.'.the ERC has determined. this development does not have a significant adverse impact on the environment. An EIS is not required under RCW 43.21 C.030(2)(c). This de.cis ,op.was.,made .after..revi.ew .by, the lead agency of•a•complete environmental,checklist and oiher.:.infor:.mat,i.of,,o.n file with.the lead^agency: ' >= i- Reasons for declaration.of environmental nori-significance: This final declaration o.f non.--significance shall be .sLhject to the, following conditions being complied with: 1. The cul-de-sac street .proposed is not .approved and must be redesigned to reflect the layout shown on the.concep.Eu.al land use/preservation plan dated May 21, '1982, and used as.Exhibit No.. .1.2.per, Rezone No,. R-129-80. . p. NAL DECLARATION N-SIGNIFICANCE ALTERRA CORPORATION: PP-089-84, $P-090-84, V-091-84 OCTOBER 1, 1984 PAGE 2 2. All tree preservation shown on the conceptual land use/preservation plan dated May 21, 1982, and used as Exhibit No. 12 per Rezone No. R-129-80, shall be retained. 3. The designated greenbelt 0 are not to be disturbed. 4. Participation in a latecomer's agreement shall be required for traffic signal improvements for the intersections of S.W. 7th Street and Hardie Avenue S.W.. and 5..W. Grady Way and Powell. Avenue S.W. The amount due Will depend 'upon the . building type(s) and tripe generated and shall be paid•to the City at the time of building permit issUance. SIGNATURES: 7/ /. r*• • ROnaldG. Nelson Mi ael arn Building,and Zoning Director Administrative Assistant to the Mayor 1 R hard CL Houghton Public WorUs Director PUBLISHED: October 1, 1984 APPEAL DATE:. October 15. 1904 6,/c. 1162Z E,Oge /g/d()in'i • 'he CITY OF RENTON LAND_ USE HEARING EXAMINER PUB.LI,C HEARING NOVEMBER 2.0, 1984 AGENDA COMMENCING. AT 9:00 A.M.: . COUNCIL CHAMBERS, SECOND FL.O.O.R, RENTON MUNICIPAL BUILDING The applications listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. MICHAEL T. DONNELLY Application to rezone approximately. 0.17 acre of property from R-4 to B-1 for future professional office„ file 'R-098-84, located at 636 Shattuck Avenue South. ALTERRA CORPORATION Application for preliminary plat approval to subdivide approximately 51 acres of a 71.16 acre tract into 46 lots for future office/warehouse use Black River Technology Park), file PP-0.89-84,, and special permit application for fill and grading of 425.,5.0.0 cubic yards, file SP-090-84, and variance from Section 9-1108.(7)(K) and Section 9-1108.(24)(A)(6) to allow a cul-de-sac length of 2,50.0 feet, file V--09'1-8.4; located. in the vicinity of S.W. 4th Place and Naches A.vienue S.W. 1,71--7IN•G AND ZONING DEPARTMF-NT i• ; • PRELIMINARY REPORT TO THE HEARING EX.i;IAINER PUBLIC HEARING NOVEMBER. 20, 1984 APPLICANT: ALTERRA CORPORATION PROJECT NAME: BLACK RIVER TECHNICAL PARK A. SUMMARY_& PURPOEpF REQUEST: The applicant seeks approval of the following application(s): 1. PRELIMINARY .PLAT (PP-0.89-84): To subdivide approximately 71.16 acres of.property into 46 lots for future.office/warehouSe use. 2. SPECIAL PERMIT (SP-090-84): To fill and grade 425,500 cubic yards of material. 90,000 is orese.ntly-on,site - 3.3.5..0.00 will have to be imported. 3. VARIANCE (V-09'1-$4): From -Section,9-1108(24)(A)(6) to allow a cul-de-sac length of 2,5.00 feet. B. GENERAL INFORMATION: 1. Owner of Record: - J..A.G.. - Renton Properties Association. 2. Applicant: p1/41terre Corporation 3.. Location: Vicinity Map Attached) Vicinity of S.W. 4th . Place and Neches AVenue S.W. • 4. Existing Zoning: M-P, .Manufacturing Park 5. •• Existing Zoning.in the Area: G-1, General .Use; R.-2, Residential Two Family; R-3,, Residential - Multiple Family; and M-P, Manufacturing Park. . 6. Comprehensive Land..U.sa Plan.:Manufacturing Park 7. Total Size of Property:, 71.16 acres 8. Project Area: 45.861 acres (64.4% of total) 9. Greenbelts/Open Space: 19.3.88 acres (27.2% of total) 10. Public Roads: 5.37-5 acres (7.6% of total) 11. Pedestrian & Utility:, 5.36 acres.(.0.8% of total) 12. Access: S.W. 7th Street 13. Number of Lots: 46 14. Average Size of Lots: 75 to 1.0 acre 15. Topography: Relatively level. Fill will raise property apprOximately 5 to 6 feet. 16. Land Use:Undeveloped. 17. Neighborhood Characteristics.: Undeveloped to .north and west: developing industrial park to south. PRELIMINARY REPORT IE HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 2 C. PUBLIC SERVICES: I. Utilities: a. Water: A 1.2-inch water line is located along S.W. 7th Street and along the proposed Neches Avenue S.W. b. Sewer: A 12-inch sanitary sewer line is located along S.W. 7th STreet and along the proposed street, Neches Avenue S.W. c. Storm Water Drainage: Flows directly into P-1 Detention pond. 2. Fire Protection: Provided by the City of Renton as per ordinance requirements. 3. Transit: Not applicable. 4. Schools: a, Elementary Schools: Not applicable. b. Middle Schools: Not applicable,.. c. High Schools: Not applicable,. 5. Recreation: Not applicable. D. HISTORY/BACKGROUND: Action Date Ordinance Annexation April 14, 1959. 1745 Corrected May 19, .1959 1756 December 12, 1961 1928 Zoned G-1, General Use Upon Annexation Rezone Request 1979 (R-43:2-79) EIS Required Rezone (G to M-P) December 24, 198.2 3694 Lot Line Adjustment LLA-013-83) S.eptemb,er 23, 1983 Condition of Rezone E. . APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-73-, Mand:facturing Park (M-P). 2. Section 4-711(B), Special Permits. 3. Section 4-722(G)., Variance. 4. Section 4-732, Mining, Excavation and Grading. 5. Section 4-734(F)(2), Landscaping Requirement - Green River. F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENT: 1. Green River Valley Plan., City of Renton Comprehensive Plan Compendium, 1983, p. 31-35. 2. Industrial Goal and Policies, Policies.Element, City of Renton Comprehensive Plan Compendium, 1983, p. 18.-1:9. 3. Chapter 23, Mining,, Excavation and Grading Ordinance. G. DEPARTMENT ANALYSIS: The following analysis focuses on the land use issues relevant to each of the three applications requested. A general statement as to compliance with the intent of the Comprehensive Plan and specific compliance with the City code begins the analysis of each of the subsequent applications... PRELIMINARY PLAT The proposal complies with the design criteria enumerated under Section 9-1108 of the Subdivision Code, except for th.e variance request reviewed below. PRELIMINARY REPORT' THE HEARINq.EXAMI.NER 74167%41744S.ALTERRA CORPORATI, . NOVEMBER 20, 1984 PAGE 3 ISSUE: Emergency Access: As aresult of the unusual length, of the proposed cul-de-sac, emergency access for both the Fire and PoUbe Department becomes an issue. The applicants, original proposal showed the cul-de-sac as access to the industrial development. Revised plans dated .Nome.r.nber5,. 1984, show a secondary emergency access route which •. is basically parallel. to the . principal cul-de-sac route approximately 250 to 3.0.0 feet -south of the •main access. This provides a loop system which is acceptable to the fix?. and?aide Departments to serve the area. In addition, it should be pointed :out that the. primary access road has been oversized to a street width of.•44.•feet,lnstead of•the•required 36 feet because of its unusual length. The Fire Department has noted that with :the emergency access, a water line should be established for fire -flow:. availability. This will also help in the development because it will .„.create.•-&•ciroular transmission system and assure fire flows if the line is broken or.taxed as result..of a fire. The Public Works Department notes that, in, addition, an all weather access road . will have to This constructed out. to Monster Road to the west for utility m.aintenance. This can also serve as':another emergency•access road into the site. The omergency access road has been .de.s.igned per the 'review standards of the Environmental Review Committee. andi,minimize.s:impacts upon the greenbelt area. One clump-of cottonwood-trees that,..was intended to.be saved on Lot 35 can still be saved with the applicant utilizing, culverts under the roadway. . This is similar to the concept already proposed by theapplicantto serve the natural areas designated on lots 8, 38, 3.3, 28,, and 2,6., SPECIAL PERMIT The plans submitted for the vadat- p,errnit -to fill- the site with approximately 42-5,000 cubic yards of material,'complies with the intent of Chapter 23 of Title IV of the Renton Municipal Code IMining,. Excay.ation_and- Grading Ordinance). The applicant has provided a strong re,habilitation plan .with hydroseeding to maintain the adjacent• water quality in. the natural areasciocated south and west of the subject site. Detailed temporary erosion:control measures will be-reviewed with the annual license by the Public Works Department. All of the plans at this point present a proposal that specifically meets. our• criteria and protects the environment. ISSUE: Vehicular.Access: Importation of approximately- 335,000 cubic yards, ,of-material• will create major impacts upon the adjacent public•stre.ets. Access to the site will be through an industrial area .either on Powell Avenue or Nach,e.s Avenue. Truck traffic,. hours,. •sh.ould' be specifically limited because of material isis anticipated to, come from the Mt, Baker tunnel area or from the 1-90 . project area to the subject site.. In total, . 3.35,000 cubic yards • of 'material represents approximately 15,000 -vehicle :trips- with 25, yard .dump trucks. A substantial clean-up and maintenance.bond•shguld'--be•required of the development and inact,ment should 'be accomplished-by either the-Public Works Department or the Police Dep.artment.clep.e,ndingup,on.,•ne..e,d.. • . . The secondary issue, which is, not often discussed:along with a fill operation, Is the fact -that because of the heavr7w.e.ight'of these vehicles, the filling of the site will substantially deteriorate the adiacentpublic. streets. The weight of a'25 yard dump truck can be equivalent to, thousands. of standard automobile vehicle trips based upon the roadway asphalt design. It might be wiser to fill the site by bringing the material in in railroad cars since .the raitreadtrapkp:Arelmmediately adjacent to the site, 1. _. • ..„- ''•• IMINARY' REPOR7... , EHE.HEARING- .),(A,M1,NER ..^:--- LTERRA CORPORATION---- ' NOVEMB.ER.20, 190.4 • PADE 4 . VARIANCE The applicant is requesting a. -varia_nce- from, both sections 9-1108(7)(K) and 9-11..08(24)(A)(6) because both sections 'deal directiy with the maximum length of c.ul-de-sac street. The jpstification,Rresented by the applicant is adequate to meet the burden of proof to show that:the:variance request is appropriate. The staff believes that the criteria enumerated;under•Uction 9.-1109 of the Subdivision Codeare. met•by the applicant and the variance islappropriate. 1. . That there are special physical •,,circurnstances or conditiOns• affecting saidpropertysuchasthestrict,.•a,pplication of the provisions of this ordinancewoulddeprivethe.applicant-ofIne. reaSonable„.use or development of his land. • The physical limitation of the property Is.a result of shape and location.whichwasspecificallydeterrningdyby:thei:•'City 'In its. requirement to dedicate the natural riparian. The applicant had originally intended dedicating the western 1/3 of the site,, thus. •rnaking. the project area more compact and developable from an indu:striaVpqint•of view.' The City's action, based upon the actual location of the'riparlan :forest created the unusual shape. The extreme cul-de-sac length,- is. the only' way. to service the property. Limitation of the strict „standard-of 500 feet for cul-de-sac would basicallyeliminateboththemarket'viability-under todays economy and the' functiondevelopment, because wewould end up with one massive lot which would stillhaveemergencyaccessand,'service problems from an industrial point of view. 2. That the variance. is :necessary to assure such property the rights andprivilegesenjoyed' by. other .property in the vicinity and under :similar circumstanCe,s.. In strict co.mp.arison, there are-.no, other properties quite as uniquely limited as the subject site. It 'Is not; ..anOcipatad that there will ever be another cul-de-sac within the city of R.enton of this length. Denial of the variance request would functionally deprive the applicant of the ability, to develop the property into a pattern' hat is_,•typical for the general industrial park area to the south of the•sublectalte:and•als.o,,,designaged for the subject site. • 3. . 1 he granting .of the variance will. not be materiallj, detrimental to the publicwelfareorinjurious.to other property in the Vicinity.' The subject property is et.-the.'north end of the developable-industrial ground, in the Green River Wiley. Plan,. It' will not provide a link to more property and thus will limit clevalop.m.e.nt•aroun.d it. It will not impact the use of other industrial property to the, south or interfere with it. The compromise position created with the creation-of the emergencY access drive will assure thecontinuedsafefunction.oftbefacility and not be detrimental to itself. SUMMARY; The •proposal, as amended .shown in •the plans dated November 5„ 1984, meet the intent of' the Comprehensive .Plan And the specific limitation set for in both the 8mb:division Code and the. Mng:.and Grading Ordinance. The detail plans and narratives, mp.ves, accoanying the-,site plan,, suggest a very sensitive approach to the industrial develop,m.ent on this -site,. Heavy emphasis has been placed on the preservation of natural stands' .of tre.es„ the safe. functional access of vehicular traffic to each and every lai, the creation of a pleasant and heavily landscaped industrial area, and, a continuation -.of.. the industrial pattern that has been established to the south•of..the•Project, I i PRELIMINARY REPORI;`1E HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20., 1984 PAGE S H. RECOMMENDATION: Based upon the above analysis, it is recommended that the PRELIMINARY PLAT. file PP.UD-089-84. be recommended for approval to the City Council. The SPECIAL PERMIT request, file SP-090-84, should be approved subject to: 1) The posting of a road clean-up bond in the amount of $5,000. This amount should be kept at an active level of $5,000 through the performace of the fill operation which should be limited to a maximum o.f a two year period. 2) i In addition, $25.,1).0.0 in cash should be placed for the repair and maintenance of the roadbe.ds of either Powell Avenue S..W., Naches Avenue S.W., or S.W. 7th Street as a re.sult.of damage created from the truck activity. 3) The filling operation should be specifically limited from 9:00 am to 3:00 p.m. on weekdays, and 700;a..m.. to.5:00 p.m. on weekends. The VARIANCE request, file .V-094784, to allow cul-de-sac of approximately 2500 feet in length should be granted. 1165Z r'. 1 - -.LNG AND ZONING DEPARTME PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING NOVEMBER 20, 1984 APPLICANT: ALTERRA CORPORATION PROJECT NAME: BLACK RIVER TECHNICAL PARK A. SUMMARY & PURPOSE OF REQUEST: The applicant seeks approval of the following application(s): 1. PRELIMINARY PLAT (PP-089-84): To subdivide approximately 71.16 acres of property into 46 lots for future office/warehouse use. 2. SPECIAL PERMIT (SP-090-84): To fill and grade 425,500 cubic yards of material. 90,000 is presently on-site - 335,000 will have to be imported. 3. VARIANCE (V-091-84): From Section 9-1108(24)(A)(6) to allow a cul-de-sac length of 2,500 feet. B. GENERAL INFORMATION: 1. Owner of Record: J.A.G. - Renton Properties Association. 2. Applicant: Alterra Corporation 3. Location: Vicinity Map Attached) Vicinity of S.W. 4th Place and Nachos Avenue S.W. 4. Existing Zoning: M-P, Manufacturing Park 5. Existing Zoning in the Area: G-1, General Use; R-2, Residential Two Family; R-3, Residential - Multiple Family; and M-P, Manufacturing Park. 6. Comprehensive Land Use Plan: Manufacturing Park 7. Total Size of I roperty: 71.16 acres 8. Project Area:/ 45.861 acres (64.4% of total) 9. Greenbelts/Open Space: 19.388 acres (27.2% of total) 10. Public Roads: 5.375 acres (7.6% of total) 11. Pedestrian & Utility: 536 acres (.08% of total) 12. Access: S.W. 7th Street 13. Number of Lots: 46 14. Average Size of Lots: 75 to 1.0 acre 15. Topography: Relatively level. Fill will raise property approximately 5 to 6 feet. 16. Land Use: Undeveloped. 17. Neighborhood Characteristics:Undeveloped to north and west; developing industrial park to south. PRELIMINARY REPORT"i'O THE HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 2 C. PUBLIC SERVICES: 1. Utilities: a. Water: A 12-inch water line is located along S.W. 7th Street and along the proposed Naches Avenue S.W. b. Sewer: A 12-inch sanitary sewer line is located along S.W. 7th STreet and along the proposed street, Naches Avenue S.W. c. Storm Water Drainage: Flows directly into P-1 Detention pond. 2. Fire Protection: Provided by the City of Renton as per ordinance requirements. 3. Transit: Not applicable. 9 4. Schools: a. Elementary Schools: Not applicable. b. Middle Schools: Not applicable. c. High Schools: Not applicable. 5. Recreation: Not applicable. D. HISTORY/BACKGROUND: Action Date Ordinance Annexation April 14, 1959 01745 Corrected May 19, 1959 01756 December 12, 1961 01928 Zoned G-1, General Use Upon Annexation Rezone Request 1979 (R-432-79) EIS Required Rezone (G to M-P) December 24, 1982 03694 Lot Line Adjustment LLA-013-83) September 23, 1983 Condition of Rezone E. APPLICABLE SECTIONS OF THE ZONING CODE: 1. Section 4-73-, Manufacturing Park (M-P). 2. Section 4-711(B), Special Permits. 3. Section 4-722(G), Variance. 4. Section 4-732, Mining, Excavation and Grading. 5. Section 4-734(F)(2), Landscaping Requirement - Green River. F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENT: 1. Green River Valley Plan, City of Renton Comprehensive Plan Compendium, 1983, p. 31-35. 2. Industrial Goal and Policies, Policies Element, City of Renton Comprehensive Plan Compendium, 1983, p. 18-19. 3. Chapter 23, Mining, Excavation and Grading Ordinance. G. DEPARTMENT ANALYSIS: The following analysis focuses on the land use issues relevant to each of the three applications requested. A general statement as to compliance with the intent of the Comprehensive Plan and specific compliance with the City code begins the analysis of each of the subsequent applications. PRELIMINARY PLAT The proposal complies with the design criteria enumerated under Section 9-1108 of the Subdivision Code, except for the variance request reviewed below. 5 a- PRELIMINARY REPORT TO HEARING EXAMINER 1=: 4 ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 3 ISSUE: Emergency Access: Jl . As a result of the unusual length of the proposed cul-de-sac, emergency access for both the Fire and Police Department becomes an issue. The applicants original proposal showed the cul-de-sac as access to the industrial development. Revised plans dated November 5, 1984, show a secondary emergency access route which is basically parallel to the principal cul-de-sac route approximately 250 to 300 feet south of the main access. This provides a loop system which is acceptable to the Fire and Police Departments to serve the area. In addition, it should be pointed out that the primary access road has:been oversized to a street width of 44 feet i stead of the required 36 feet because of its unusual length. The Fire Department has noted that with the emergency access, a water line should be established for fire flow availability. This will also help in the development because it will create a circular transmission system and assure fire flows if the line is broken or taxed as result of a fire. The Public Works Department notes that, in addition, an all weather access road will have to be constructed out to Monster Road to the west for utility maintenance. This can also serve as another emergency access road into the site. The emergency access road has been designed per the review standards of the Environmental Review Committee and minimizes impacts upon the greenbelt area. One clump of cottonwood trees that was intended to be saved on Lot 35 can still be saved with the applicant utilizing culverts under the roadway. This is similar to the concept already proposed by the applicant to serve the natural areas designated on lots 8, 38, 33, 28, and 26. SPECIAL PERMIT The plans submitted for the special permit to fill the site with approximately 425,000 cubic yards of material, complies with the intent of Chapter 23 of Title IV of the Renton Municipal Code IMining, Excavation and Grading Ordinance). The applicant has provided a strong rehabilitation plan with hydroseeding to maintain the adjacent water quality in the natural areas located south and west of the subject site. Detailed temporary erosion control measures will be reviewed with the annual license by the Public Works Department. All of the plans at this point present a proposal that specifically meets our criteria and protects the environment. ISSUE: Vehicular Access: Importation of approximately 335,000 cubic yards of material will create major impacts upon the adjacent public streets. Access to the site will be through an industrial area either on Powell Avenue or Naches Avenue. Truck traffic hours should be specifically limited because of material is anticipated to come from the Mt. Baker tunnel area or from the I-90 project area to the subject site. In total, 335,000 cubic yards of material represents approximately 15,000 vehicle trips with 25 yard dump trucks. A substantial clean-up and maintenance bond should be required of the development and inactment should be accomplished by either the Public Works Department or the Police Department depending upon need. The secondary issue, which is not often discussed along with a fill operation, is the fact that because of the heavy weight of these vehicles, the filling of the site will substantially deteriorate the adjacent public streets. The weight of a 25 yard dump truck can be equivalent to thousands of standard automobile vehicle trips based upon the roadway asphalt design. It might be wiser to fill the site by bringing the material in in railroad cars since the railroad tracks are immediately adjacent to the site. PRELIMINARY REPORT TO THE HEARING EXAMINER ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 4 VARIANCE The applicant is requesting a variance from both sections 9-11-08(7)(K) and 9-1108(24)(A)(6) because both sections deal directly with the maximum length of cul-de-sac street. The justification presented by the applicant is adequate to meet the burden of proof to show that the variance request is appropriate. The staff believes that the criteria enumerated under Section 9-1109 of the Subdivision Code are met by the applicant and the variance is appropriate. 1. , That there are special physical circumstances or conditions affecting said property such as the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use or development of his land. The physical limitation of the property is a result of shape and location which was specifically determined by the City in its requirement to dedicate the natural riparian. The applicant had originally intended dedicating the western 1/3 of the site, thus making the project area more compact and developable from an industrial point of view. The City°s action, based upon the actual location of the riparian forest created the unusual shape. The extreme cul-de-sac length is the only way to service the property. Limitation of the strict standard of 500 feet for cul-de-sac would basically eliminate both the market viability under todays economy pnd the function development, because we would end up with one massive lot which would still have emergency access and service problems from an industrial point of view. 2. That the )ariance is necessary to assure such property the rights and privileges enjoyed by other property in the vicinity and under similar circumstances. In strict comparison, there are no other properties quite as uniquely limited as the subject site. It is not anticipated that there will ever be another cul-de-sac within the City of Renton of this length. Denial of the variance request would functionally deprive the applicant of the ability to develop the property into a pattern that is typical for the general industrial park area to the south of the subject site and also designaged for the subject site. 3. The granting of the variance will not be materially detrimental to the public welfare or injurious to other property in the vicinity. The subject property is at the north end of the developable industrial ground in the Green River Valley Plan. It will not provide a link to more property and thus will limit development around it. It will not impact the use of other industrial property to the south or ihterfere with it. The compromise position created with the creation of the emergency access drive will assure the continued safe function of the facility and not be detrimental to itself. SUMMARY: The proposal, as amended shown in the plans dated November 5, 1984, meet the intent of the Comprehensive Plan and the specific limitation set for in both the Subdivision Code and the Mining and Grading Ordinance. The detail plans and narrativet, accompanying the site plan, suggest a very sensitive approach to the. industrial development on this site. Heavy emphasis has been placed on the preservation of natural stands of trees, the safe functional access of vehibular traffic to each and every lot, the creation of a pleasant and heavily landscaped industrial area, and a continuation of the industrial pattern that has been established to the south of the project. PRELIMINARY REPORT TC ' E HEARING EXAMINER E` ALTERRA CORPORATION NOVEMBER 20, 1984 PAGE 5 H. RECOMMENDATION: Based upon the above analysis, it is recommended that the PRELIMINARY PLAT, file PP -089-84, be recommended for approval to the City Council. The SPECIAL PERMIT request, file SP-090-84, should be approved subject to: 1) The posting of a road clean-up bond in the amount of $5,000. This amount should be kept at an active level of $5,000 through the performace of the fill operation which should be limited to a maximum of a two year period. 2) In addition, $25,000 in cash should be placed for the repair and maintenance of the roadbeds of either Powell Avenue S.W., Naches Avenue S.W., or S.W. 7th Street as a result of damage created from the truck activity. 3) The filling operation should be specifically limited from 9:00 am to 3:00 p.m. on weekdays, and 7:00 a.m. to 5:00 p.m. on weekends. The VARIANCE request, file V-091-84, to allow cul-de-sac of approximately 2500 feet in length should be granted. T Q c j/,( r, c' rm Y OF RE TOT FILE NO(S): 1 0 / -Q / U O' er BUILDING do ZONING DEPARTMENT it - 0 ?b -e,/ 1/ - 091 - 6`/ P., Nrr MASTER APPLICATION ECF- 091/-(PL/ NOTE TO APPLICANT: Since this is a comprehensive application form, only those items related to your specific type of applicotion(s) ore to be completed. Please print or type. Attach additional sheets if necessary.) APPLICANT I I TYPE OF APPLICATION 1 NAME FEES Al terra Corporation C] R- EZONE*(FROM TO ) ADDRESS 710 Cherry Street d SPECIAL PERMIT* CITY ZIP E ' Tamar( Seattle, WA i 98104 Q C- ONDITIONAL USE PERMIT* TELEPHONE C:-.1 S- ITE PLAN APPROVAL 206) 382-0333 Q G- RADING AND FILLING PERMIT 1595.00 No. of Cubic Yards:4 2 5,5 0 0 CONTACT PERSON VARIANCE 9-1108(7)(K) $ 150.00 From Section: 9-1108( 7)( ) 6) i Justification Required 1 NAME Steve Speidel Richard Carothers Associates 2855.00 ADDRESS SUBDIVISIONS: 814 East Pike Street 1:21 SHORT PLAT CITY ZIP 1 T- ENTATIVE PLAT a t t le, WA , 98122 PRELIMINARY PLAT CLEPHONE Q F- INAL PLAT 206) 324-5500 Q WAIVER Justification Required) OWNER NO. OF LOTS: 46 PLAT NAME: NAME Blackriver. Technology Park J.A.G. - RENTON PROPERTIES ASSOC. ADDRESS PLANNED UNIT DEVELOPMENT: 710 Cherry Street Q. PRELIMINARY CITY ZIP Q F- INAL Seattle, WAS 5-98104 P.U.D. NAME: TELEPHONE 206)382-0333 1 0 Residential 0 Industrial 0. Commercial ID Mixed LOCATION 'r MOBILE HOME PARKS: PROPERTY ADDRESS Q TENTATIVE Blackriver Technology Park Q PRELIMINARY EXISTING USE PRESENT ZONING FINAL Reparian-Forest MP PROPOSED USE ft . PARK NAME: yr•.Qf f i c e/Warehouse 4 NUMBER OF SPACES: Total Acres to be developed 51± al ENVIRONMENTAL REVIEW COMMITTEE Y $ 100. SQ. FT. ACRES L., AREA: 70f TOTAL FEES 4700.00 STAFF USE ONLY -- ADMINISTRATIVE PROCESSING DATE STAMP _ APPLICATION RECEIVED BY: APPLICATION DETERMINED TO BE: Accepted CrfY pf RF,,tn.. C] Incomplete • Notification Sent On By: T S Initials) I@ iDATE ' • 4' ADDITIONAL MATERIAL RECEIVED BY: AUG 3 0 4 APPLICATION DETERMINED TO BE: EJ Accepted q-5 b4 BU(LDINGIZG• ..,,la u`NT. Incomplete Notification Sent On Initials) ROUTED TO: Build, DesignEng. al Fireagl Parks C6 Police CiaPolicy Dev. EA- Traffic Eng. M. Utilities e PROJECT DESCRIPTION I. PROJECT TITLE Blackriver Technical Park, Clearing and Grading, Renton, Washington II. SCOPE OF WORK Blackriver Technical Park is located on 71.16 acres of land to the south of The Burlington Northern Railroad tracks and to the north of Washington Tech- nical Park and the renovated P-1 Channel. The project includes clearing and grading approximately 51 acres of the north easterly portion of the site. There are preserve areas containing significant trees within the clearing area that will be retained. (See attached, "Guide- lines for the Preservation Outside the 'Preserve' Zone"). Over 19 of 71.16 acres shall be retained as natural preserve areas or are currently being utilized for the renovation of the P-1 Channel . The grading will include raising existing grades up to base grades for future access drive, utilities and building development. The grades will increase a maximum of 12 feet at the west end of the site in order to accommodate exist- ing sanitary sewer pipe invert elevations offsite. Fills at the southeast will also bring existing grades above the 100 year flood levels. The transition fill slopes will be set at 2 to 1 maximum steepness and cut slopes set at 3 to 1 to assure stability of the railroad tracks. III. Fill Material A. Type - The material to be used for this project will be from various sources. Approximately 30,000 cubic yards of material will be from 4n on-site excavated from the old railroad grade. Approximately 95 to i 97,000 cubic yards of material is currently being deposited on-site from the P-1 Channel project. Material from the I-90, Mercer Island and Mt. Baker Ridge Tunnel may be deposited on-site. Portions of the soils reports containing soil logs are attached herein. Other sources of material shall be utilized as they become available. There shall be a soils engineer on-site to grade and inspect all import- ed materials. The entire filling will require approximately 425,500 cubic yards of material. B. Construction Methods - The following are the approximate steps to be followed during the placement of all fills: 1) Drain area within limit of work of standing water. 2) Clear vegetation, except significant trees to be preserved. 3) Place filter fabric on soft soils and on access drive. C_. 4) Establish erosion controls at limit of work. 5) At Access Road place 18 inches of material on top of woven filter fabric as a fill mat compacted to 95%. 6) Place and compact additional soils in 8 inch lifts throughout fill areas. 7) Installation of the fill material shall be in accordance with Standard Specification for Municipal Public Works Construction" 1981 Edition, Washington State Chapter APWA. C. Truck Routing -. Freeway: All loaded trucks shall approach the site from I-5 North and/or Southbound, exit at Empire Way South, turn southeast and continue to Rainier Avenue South, turn South to South 7th Street, head west to Powell Ave S.W. and North to enter the site. Load limits on I-405 may allow empty truck to use I-405 as an alternate route. Arterials and City Streets: Access to the site may also utilize Monster Road at the west end of the site. Truck traffic shall use Empire Way South and exit at 68th Ave. S. , proceed to Monster Road S.W. and access the site utilizing the existing 12 foot wide dirt road, currently being used for the P-1 Channel Project. IV. Dust Control Prior to hydro-seeding, dust control shall be accomplished by controlling moisture content of soil and sprinkling. V. Hours of Operation The hours of sitework shall be the general work hours of 7AM to 5PM, 5 days a week. Truck hauling to the site may be reduced during AM/PM "Rush Hour", traffic periods to reduce congestion of arterials and city streets. VI. Rehabilition and Seeding See the attached - Erosion Control Specification, Section 02485. VII. Project Timing The clearing and grading shall start upon issuance of a permit from the City of Renton (Est. September, 1984), and continue until the proposed grades are reached. JUSTIFICATION OF VARIANCE FOR CUL-DE-SAC LENGTH The Blackriver Technology Park is located on a distinctly shaped parcel of land. The arc shaped northern boundary is formed by the Burlington Northern Railroad right-of-way. More than half of the southern boundry is formed by the P-1 Channel , City of Renton buffer property, and preserve areas. Therefore, the only unencumbered border of the site is the southerly portion that extends east-west between Powell Avenue and Natches Avenue. To aid circulation and promote efficient access, Blackriver Technology Park proposes to link Powell and Natches Avenues. However, in order to service lots in the "bound in" western portion of the site, it is necessary to provide a cul-de-sac. The cul-de-sac shall extend 2500' beyond the "T" intersection of Natches and The applicant for Blackriver Technology Park (Alterra Corporation), would suffer undue hardship if a loop road were provided to the western portion of the site. Currently over 11% of the developable land will be gi.ven over to roadway right-of-way. If a loop road were provided approximately 20% of the developable area would be roadway right-of-way. r The applicant also would suffer undue hardship as well as the City of Renton if a 'connection' to Monster Road were proposed. The roadway would impact and disturb City of Renton green-belt, buffer and preserve areas. The property is less than 40' wide and could not ...support . a 44' .wide road with a 60' right-of-way adjacent to Monster Road. Impacts would also be caused by the alignment of the Burlington Northern track, signals and control boxes. As noted above, the variance is necessary because of the special circumstances of developable land size, shape, the location of adjacent .,properties, i.e. P-1 Channel and Burlington Northern Railroad. The high percent'.ge of area necessary to provide a connection deprives the applicant of development rights and privileges enjoyed by other property owner's in the vicinity. The granting of a variance to allow a 2500' cul-de-sac will not be materially detrimental to the public welfare, nor will it cause injury to property or improvements in the vicinity. To the contrary, the applicant will provide utilities in the developable area and beyond to provide service connections for future use to the north and west. The applicant will also provide all the cul-de-sac improvements per city codes and regulations, at no cost or harm to the public. The applicant is not asking for a variance that would constitute a special privilege that is inconsistent with other properties of similar size and/or shape located within the vicinity. The need for variance is directly related to the geographical constraints of the Railroad, P-1 Channel and Greenbelt, Buffer and City of Renton properties. The applicant is providing access to the developable parcels Of the site, which .does not constitute a special privilege. Due to the desire of the applicant to efficiently provide parcels of land of approximately three-quarters of an acre in size and to be in compliance with the cities sub division code, a cul-de-sac of 2500' in length is necessary. A cul-de-sac of lesser length or a loop road would cause undue hardship on the applicant by reducing the parcels to a size of undevelopable proportions. The parcel sizes currently proposed are developable within the current zoning and proposed land usage. The. .applicant feels the. above statements provide ample background and justification to warrant a variance of the cul-de-sac length to provide that be extended to 2500' in length. C. LEGAL DESCRIPTIONS PARCEL.. A That portion of the south half of Section 13, Township 23 North, Range 4 East , W.H. , in King County, Washington; and That portion of Junction Addition to City of Seattle,. according to plat recorded in Volume 12 of Plats, page 75, in King County, Washington, together with vacated streets adjoining which would attach to said premises by operation of law, and of C.E. Brownell 's Donation Claim No. 41 , described as follows: Beginning_ at the south quarter corner of said Section. 13; thence NO0'58128"E along the north-south Centerline thereof 1092.82 feet; thence N68'03'54"E 224.45 feet; thence N80'04'48"E 232.00 feet; thence S42'06'08"E 87. 16 feet to the TRUE POINT OF BEGINNING; ' thence ff42°06'08"W 87. 16 feet; thence S80°04'48"W 232.00 feet; thence N12°O1 '00"a 40.75 feet; thence 517 59 '00"W '133.01 feet to a point of curve; thence along a curve to the right having a radius of 230.00 feet, through a central angle of 27'47'31" an arc distance of 111 .56 feet to a point of compound curvature; the center of said curve bears 1115'46'31"E 160.00 feet; thence along said curve to the right, through a central angle of 70'48' 19" an arc distance of 197.73 feet; thence 582°15'00"d 67.68 feet; thence S31°32'22"W 71 .06 feet; thence N81'11 '35"W 193.00 feet; thence S82'15'00"W 92.99 feet; thence S35'29'30"d 143. 18 feet; thence N74°44'00"14 84.85. feet; thence 560°16'00"W 67.00 feet; thence S12'16'00"E 97.35 feet to the north, line of a tract of land described in EXHIBIT 5 to Agreement recorded under King County Recording No. 8301050539; thence 568'06'46"W along said northerly line 375.53 feet to the northerly line of a tract of land described in EXHIBIT 8 in said Agreement; thence northwesterly along said northerly line on a curve to the left,; the center which bears west 195.01 feet, thru a central angle a; • of 78°41 '24", an arc distance of 267..83 feet; thence 1178'41 '24"I along said northerly line 1800.00 feet to an angle point In said northerly line; thence N33°00'54"w along said northerly line 109.47 feet to the south line of the Burlington Northern Railroad Right-of-Way, said point being a point on a curve, the center which bears S39°23'00"E 1853.00 fraet; thence easterly along said • southerly line and curve to the right, ' thru a central angle of 2'01 '59", an arc distance of 65.75 , feet to a point of compound curse; thence continuing along said south tine on, a curve to the right; the center of which bears S37°21 'O1"E having a radius of 10543.00 feet, an arc distance of 186.51 feet through a central angle of 01°O0'49" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears 536°20' 12"E having a radius of 1657.00 feet an arc distance of 193 ,93 feet through a central angle of 06'42'20" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears 529°37'52"E having a radius of 6738.00 feet, an arc distance of 197.76 feet through a central angle of 01°40'54" to a point of compound curve; thence continuing along said south line on a curve to the right , the center of which bears S27°56'58"E having a radius of 1768.00 feet , an arc distance. of 194.45 feet through a central angle of 06°18'06" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears S21'38'52"E having a radius of 8603.00 feet, an arc distance of 204.54 feet through a central angle of 01'21 '44" to a point of compound curve; thence continuing,;along said south line on a curve to the right, the center of which bears S20'17'08"E having a radius of 1922. 10 feet, an arc distance of 178.79 feet through a central angle of 05'19'46" to a point of compound curve on the east line of said Charles Brownell Donation Land Claim No. 41 ; thence continuing along said south line on a curve to the right, the center of which bears S14'57'22"E having a radius of 2814.93 feet, an arc distance of 659.42 feet through a central angle of 13°25'19" to a point of compound curve; thence continuing along said south line on a curve to the right, the center of which bears SO1°32'03"E having a radius of 1165.09 feet, thru a central angle of 37'39' 19", an arc distance of 765.71 feet to a point which bears N41°28' 10"E from the TRUE POINT OF BEGINNING; thencec'';36'19°35"W 188.63 feet to a point on a curve, the center which bears S36'19'35"W 967.46 feet; thence northwesterly along said curve to the left, thru a central angle of 4'39'32", an arc distance of 78.67 feet; thence S38°54'22' W 451 .74 feet to a point on a curve, the center which bears S43'36'23"W 170.00 feet ; thence southeasterly along said curve to the right, thru a. central angle of 3'08'37", an arc distance of' 9.33 feet; thence 543°15'00"E 20.74 feet; thence . S27°21 '32"W 44.74 feet to the TRUE POINT OF BEGINNING. PA RUEL. EJ-1 That portion of the south half of Section 13, Township 23 forth, Range 4 East. W.M. in King County, Washington, of Junction Addition to the City of Seattle. according to the plat recorded in Volume 12 of Plats, page 75, records of said King County, and of C.E. Brotnell's Donation Claim No. 41 , described as follows: Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 1092.82 feet; thence S68°03'54"W 351. 11 feet to the TRUE POINT OF BEGINNING; thence N68°03'54"E 575.56 feet; thence 1112°01 '00"W 40.75 feet; thence S77°59'OO"d 133.01 feet to a point of curve; thence along a curve to the right having a radius of 230.00 feet, through a central angle of 27°47'31" :::fl arc distance of°111.56 feet to a point of compound curvature; the center of said curve bears N15°46'31"E 160.00 feet; thence along said curve to the right, through a central angle of 70°48'19" an arc distance of 197.73 feet; thence S82°15'00"N 67.68 feet; thence S31°32'22"W 71.06 feet; thence N81.11 '35"W 193.00 feet; thence 582°15'00"W 92.99 feet; thence 535'29'30"V 143. 18 feet; thence N74°44'OO"W 84.85 feet; thence S60.16'00"11 67:00 feet; thence S12'16'00'°E 97.35 feet; thence N68°06'46"E 53.79 feet to a point which bears N72'04'34"W from the TRUE POINT OF BEGINNING; thence S72'04'34"E 389.92 feet to the TRUE POINT OF BEGINNING. PARCEL ®-2 That portion of the south half of Section 13, Township 23 North, Range 4 East, W.M. in King County, Washington and of Junction Addition to the City of Seattle, according to .plat recorded in Volume 12 of Plats, page 75. records of said King County, and of C.E. Brownel 's Donation Claim No. 41 described as follows: Beginning at the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 1092.82 feet; thence N68'03 '54"E 224.45 feet to the TRUE POINT OF BEGINNING; thence S68.03'54"W 575.56 feet; thence N72'04'34"W 389.92 feet; thence 568'06'46"W 429.32 feet; thence south 85.47 feet to a point of curve; thence on a curve to the left, having a •radius of 60.00 feet, •thru a central angle of 126'52' 10", an arc distance of 132.86 feet; thence N53'07'S0"E 199.18 feet to a point of curve; thence on a curve to the right, having a radius of 200.00 feet thru a central angle of 53'55'30". an arc distance of 188.47 feet; thence 572°52'40"E 290.00 feet to a point of curve; thence on a curve to the left, having a radius of 197.00 feet, thru a central angle of 39°08'51", .'an arc distance of 134.60 feet; thence N67'58'29"E 380.92 feet; thence N31°27'12"E 204.86 feet to the TRUE POINT OF BEGINNING. PAr-CEL 9-3 That portion of the south half of Section 13, Township 23 North, Range 4 East, V.M. in King County, Washington; and of Junction Addition to the City of Seattle, according to the plat recorded in Volume 12 of Plats, page 75, records of said King County, together with vacated streets adjoining which would attach to said prenises by opera- tion of Law; and of: C.E. Brownall 's Donation Claim No. 41 , and of Tracts 25 and 26, Renton Shore Lands 2nd Supplemental Flaps 1958, described as follows: Beginning at the south quarter corner of said Section 13; thence b00'58'28"E along the north-south centerline. thereof 1092.82 feet; thence N68°03'54"E 224.45 feet to a point hereinafter called "Point A"; thence S68'03'54"W 575.56 feet; thence N72'04'34"W re- 389.92 feat; thence S68°06'46"W 429.32 feet to the TRUE POINT OF BEGINNING; thence south 85.47 feet to a point of curve; thence on a curve to the left, having a radius of 60.00 feet, thru a central angle of 126°521104, an arc distance of 132.86 feet; thence 1153°07'50"E 199. 18 feet to a point of curve; thence on a curve to the right, having a radius 'of 200.00 feet thru a central angle of 53'59'30", an arc distance of 188.47 feet; thence 572'52'40"E 290.00 feet to a point of curve; thence on a curve to the left having a radius of ,197.00 feat, thru a central angle of 39'08'51". an arc distance of 134.60 feet; thence N67°58'29"E 380.92 feet; thence N31°27'12"E 204.86 feat to aforementioned "Point A"; thence N80°04'48"E 232.00 feet; thence 542'06'O8"E 215.00 feet; thence S31°14'05"d 358.99 feet; thence S47°10'01"E 71 .34 feet; thence east 114.27 feet; thence south 68.91 feet to the southerly line of said Tract 25; thence along the southeriyp line of said Tracts 25 and 26, the following courses and distances: N88°15'00"W 180.65 feet; N33°07'25'11 154.51 feet; N27°21 '32"E 387.32 feet; N83°17'25"W 171 .17 feet; S46°22'22"W 324.66 feet; 572'37'52"b 458.93 feet; 1170'54'02"w 354.53 feat; 573°56'O1"bl 130.08 feet; and Shl°16'07"W 316.18 feet to the north boundary of a tract of land deeded to King County and described under King County Receiving Number 6607786; thence westerly along said north boundary on a curve to the left, the center which bears S39.41 '39"W 627.46 feet thru a central angle of 39'41'39". an arc distance of 434.70 feet; thence north along said north boundary 25.00 feet; thence west along said north boundary 245.69 feet; thence north 156. 13 feet; thence 1150°39' 19"E 330.21 feet; thence S78'41 '24"E 180.00 feet to a point of curve; thence on a curve to the right, having a radius of 195.01 feet, thru a central angle of 78°41 !24°', an arc distance of 267.83 feat to the TRUE POINT OF BEGINNING. PARCEL 8-4 That portion of the southwest quarter of Section 13, Township 23 North, Range 4 East, W.M. in King County, Washington and that portion of Junction Addition to City of Seattle, according to plat recorded in Volume 12 of Plats,• page 75, records of said King County, together with vacated streets adjoining which would attach to said premises by operation of law, and of C.E. 8rownell 's Donation Clain No. 41, described as follows: Beginning at the south quarter corner of said Section 13; thence 1d00'58'28"E along the north-south centerline thereof 884.84 feet to the southeast corner of Tract 26, Renton Shorelands Second Supplemental Maps 1956; thence 572:37'62"W 382.60 feet to an angle point in the south line of said Tract.26 thence it70'58'02"V 354.53 feat to an angle point in the south line of said Tract 26; thence 573.°56'01'ti 130.08 feet to an angle point in the south fine of .said Trait 26; thence S41'16'07"W along the south line of said Tract 26 a.:distanco of 316.18 feet to the north boundary of a tract of land deeded to King County and described under icing County Recording Number 6607786; thence westerly along said north boundary on a curve to the left, the center which bears S39'41'39"W 627.46 feet, thru a central angle of 39'41 '39"; en arc distance of 434.70 feet; thence north along said north boundary 25.00 feet; thence west along said north boundary 245.69 feet to the TRUE POINT OF BEGINNING; thence north 156. 13 feet; thence N50'39' 19"E 330.21 feet; thence N33'00'54"W 109.47 feet to the southerly margin of the Burlington Northern Railroad Right-of-Way, said point being a point on a curve, the center which bears S39'23'00"E 18S3.00 feet; thence westerly along said southerly margin and curve to the left, thru a central angle of 3'59' 19", an arc distance of 129.00 feet to a pointof compound curve, the center of said curve bears S43'22' 19"E 4030.00 feet; thence westerly along said southerly margin and curve to • the left,' thru a central. anglo of 2'48'32", en arc distance. of 197.57 feet to a point of tangency; thence 543'49'09"W along said south margin 271.00 feet to a point of • curve; thence on a curve to the right along Said southerly margin, having a radius of 1571 .00 feet, thru a central angle of 7'32'02", an arc distance of 206.57 feet to Ha point of compound curve, the center which bears N38'38'49'u 727.00 feet; thence westerly along said southerly margin and curve to the right, thru a central angle of 16'55'35", an arc distance of 2)4.77 feat toe point of campound ,curve, the center which bears N21'43'14"W' 1055.00 feet; thene* westerly along said southerly margin and curve to the right, thru a central angle of 11'24'08", an arc distance of 209.95 . feet to a point of compound curve; the canter which bears N10' 19'06"W 696.00 feet; thence westerly along said southerly margin and curve to the right" thru a central of 3°44'25", an arc distal*. of 45.43 feet to the easterly margin of the Charles Monster County Road; thence S34°18'31"E along said easterly margin: 43.46 feet to. the north boundary of said tract deeded to King County and described. under King County Record- ing Number 6607786; thence N74'13)19"E along said north boundary 443.31 feet; thence N59'53'47"E along said north boundary 377.52 feet; thence east along said north boundary 35.00 feet to 'the TRUE POINT OF BEGINNING. PARCEL C That portion .of Tract 25, Renton Shorelands ,Second Supplemental and that portion of the southeast quarter of Section 13, Township 23 North, Range 4 East, W.M. , and that portl'on•of the: southwest quarter of Section 18, Towrnship 23 North, Range 4 East, W.M., all. in King County, Washington described as: follows: Beginning at 'the south quarter corner of said Section 13; thence N00'58'28"E along the north-south centerline thereof 1092.82 feet; thence N68'03'54"E 224.45 feet; r-77.,thence N80°04'48"E 232..00 feet; thence S42'06'08"E 87. 16 feet to the TRUE POINT OF BEGINNING; thence S42'06'08"E 127.84 feet; thence 531'14'05"W 358.99 feet; thence 547'10'O1"E 71 .34 feet; thence east 114.27 feet; thence south 68.91 feet to the south line of. said Tract 25; thence S88°15'OO"E along said' south line and the north line of the south' 650.00 feet of the southeast quarter of said Section 13, a distance of 2080.76 feet to the east line of 'said Section 13; thence 589'10'25"E along the north line of the south 650.00 feet of the southwest quarter of .said Section 18, a distance of 81.57 feet to the south line of the Burlington Northern Railroad Right-of-Way; thence N71°29'03"W along said south line 85.52 feet to the east line of said Section 13; thence 1171'29'03"W along said south line 826.56 feet to a point of curve; thence on a curve to the right along said south line, the center which bears N18'30'57"E 1005.37 feet, thru a central angle of 33'54'00", an arc distance Of 594.84 feet; thence N37'35'03"W along said south line 308.70 • feet to a point of curve; thence on a curve to the left, along said south line, the center which bears 552'24'57"W 1165.09 feet, thru a central angle of 16'17'41", - an arc distance of 331.35 feet to a point which bears, N41'28'10"E from the TRUE POINT OF BEGINNING; thence S36'19'35"W 188.63 feet to a point on a curve, the center which bears S36'19'35"W 967.46 feet; thence northwesterly along said curve to the left, thru a central angle of 4'39'32", an arc distance of 78.67 feet; thence S38°54'22'V 451 .74 feet to a point on a curve, the center which bears S43'36'23"W 170.00 feet; thence southeasterly along said curve to the right, thru a central angle of 3'08'37", an arc distance of 9.33 feet; thence $43'15'OO"t 20.74 feet; thence S27'21 '32"W 44.14 feet to the TRUE POINT OF BEGINNING. to) k -. BATCH NUMBER:CK COMMENTS CUSTOMER NAME RICHARD CAROTHER ' 4,1#############*#############**########### 7 143 70-1980-01 2143 70-2 000—05 F/CHG ASSOCIATES E0980 CF/CHG ASSOCIATES E0980 100 S 333RD ST 200 S 333RD ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 214370-2280-0 b 377920-0005-04 CF/CHG ASSOCIATES E0980 NEWBURN LLOYAL L C0379 200 S 333RD ST 2230 151ST PL SE FEDERAL WAY WA 98003 BELLEVUE WA 98007 377920-0010-07 3779 20-0053—05 SANFORD H S 441938 SANFORD H S 441938 4520 55TH AVE NE 4520 55TH AVE NE SEATTLE WA 98105 SEATTLE WA 98105 377920-0056-02 377920-0120-04 SANFORD H S 441938 SANFORD H S 441938 4520 55TH AVE NE 4520 55TH AVE NE SEATTLE WA 98105 SEATTLE WA 98105 377920-0150-07 377920-0170-03 BLACK RIVER QUARRY BLACK RIVER QUARRY C6808 S 140TH 6808 S 140TH ST SEATTLE WA 98178 SEATTLE WA 98178 722950-0320-02 918800-0010-03 BLACK RIVER QUARRY INC FIRST CITY QUITIES 329999 6808 S 140TH 800 5TH AVE SUITE 4040 SEATTLE WA 98178 ' ; SEATTLE WA 98101 Ci 918800-0020-01 9188 00-0030-09 HOLVICK DEREGT KOERING 319800 HOLVICK DEREGT KOERING 319800 1230 OAKMEAD PWY SUITE 210 1230 OAKMEAD PWY SUITE 210 SUNNYVALE CALIF 94086.SUNNYVALE CALIF 94086 918800-0040-07 918800-0050-04 HOLVICK DEREGT KOERING 319800 HOLVICK DEREGT KOERING 319800 1230 OAKMEAD PWY SUITE 210 1230 OAKMEAD PWY SUITE 210 94086 SUNNYVALE CALIF 94086 SUNNYVALE CALIF 918800-0060-02 918800-0130-08 HOLVICK DEREGT KOERING 319800 FIRST CITY EQUITIES 391023 1230 OAKMEAD PWY SUITE 210 800 5TH AVE SUITE 4040 98104 SUNNYVALE CALIF 94086 SEATTLE WA c. 918800-0140-06 918800-0150-03 FIRST CITY EQUITIES 391023 KING COUNTY 359800 800 5TH AVE SUITE 4040 500 KC ADMIN BLDG 98104 SEATTLE wA 98104 SEATTLE WA p +yy yyyy,yy +y ay .p,yyy yy yy y y 4 .,*************************************c l BATCH NUMBER:CS COMMENTS J21ND. L. iD CUSTOMER NAME RICHARD CAROTHER awNFati ii**************************************; 722950-0310-04 242304-9008-04 STATE OF WN CONTAINER CORP OF AMERICA C0481 No APOPESS a-r) 1 1ST NATL PLAZA CHICAGO IL 60670 182305-9250-06 182305-9250-06 PACIFIC COAST RR CO 301 GREAT NORTHERN BLDG N/SEATTLE WA 98101 132304-9006-09 132304-9007-08 N„•^ SANFORD H S 441938 BURLINGTON NORTHERN INC 1279 4520 55TH AVE NE I SEATTLE WA 98105 810 3RD AVE TX DPT 208 CTRL SEATTLE WA 98104 1 323 04-9 009-0 6 1323 04-9010-03 BURLINGTON NORTHERN INC A0181 SANFORD H S 441938 C 810 3RD AVE 4520 55TH AVE NE 208 CENTRAL BLDG. .TAX DEPT SEATTLE WA 98105 SEATTLE WA . 98104 132304-9020-01 132304-9025-06 CF CHG ASSOCIATES E0980NoAOPLEZSoC /LrCo -0 200 S 333RD ST FEDERAL WAY WA 98003 132304-9078-02 132304-9080-08 KING COUNTY 0740 0577 KING COUNTY 0740 0577 Soo 1C . DMitJ gLEd 500 KC ADM/,-' F5L_C* Se wA 9e109. A 98ro 132304-9084-04 132304-9084-04 BURLINGTON NORTHERN INC 209800 810 3R0 AVE A 208 CENTRAL BLDG-TAX DEPT A SEATTLE WA 98104 r Iw CITY OF RENTON' WASHINGTON ENVIRONMENTAL CHECKLIST FORM FOR OFFICE USE ONLY q p t/ Application No. 16l' n- (.2 / - Pi S l - 0 2 0 - O V- 0 2J/ (p y Environmental :Checklist No. F(F-- 0 7 1 —H PROPOSED, date: FINAL, date: Declaration of Significance Declaration of Significance Declaration of Non-Significance Declaration of Non-Significance COMMENTS: Introduction--: he State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. 77,:,, Please answer the following questions as completely as you can with the informationr available topresently' you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers, include your explanation in the space provided, or use additional pages if necessary. You should include references to an) reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with ydur proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all, state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I. BACKGROUND 1. Name of Proponent ALTERRA CORPORATION 2. Address. and phone number of Proponent: 710 CHERRY ST. SEATTLE, WA 98104 (206) 382-0333 3. Date Checklist submitted July, 1984 4. Agency requiring Checklist City of Rentnn Ruilding & Zoning Dept. 5. Name of'propdsal . if applicable: Blackriver Technology Park 6. Nature and brief description of the proposal (including but not limited to its size, general design elements, and other factors that will give an accurate - --- understanding of its scope and nature): The general site consists of over 70 acres. An area of over 51 acres shall be :filled with approximately 425,000 cubic yards of material . Fill shall serve as base for future office/manufacture structure and an access road. For detailed information about future development see draft and final EIS "Blackriver Office Park" April 1981 & 82. 2- 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts, includinganyotherinformationneededtogiveanaccurateunderstandingoftheenviron-mental setting of the proposal): The site is located south of the Burlington Northern Railroad right-of-way. To the east is the Earlington Woods P.U.D. and to the south is the Washington, Technical Park. 8. Estimated date for completion of the proposal : Filling shall be completed as suitable material becomes available. 9. List of all permits, licenses or government approvals required for the proposalfederal , state and local--including rezones) : Grading and filling permit City of Renton . 10. Do you have any plans for future additions, expansion, or further activityrelatedtoorconnectedwiththisproposal? If yes, explain: Yes: Water, sanitary sewer and storm drainage utilities shall be installed as well as Blackriver Blvd. (access road) . Future structures shall be constructed. 11. Do you know of any plans by others which may affect the property covered by ' your -propoial? If yes, explain: Yes: SCS is .currently using the site as a excaved soils stockpile. 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date. describe the nature of such application form: See Attached: Master Application Form II. ENVIRONMENTAL IMOACTS Explanations of all "yes" and "maybe" answers are required) 1) Earth. Will the proposal result in: a) Unstable earth conditions or in changes in geologic substrdctures? X rES MAYBE NO b) Disruptions, displacements, compaction or over- covering of the soil?X YES MAYBE NO c) Change in topography or ground surface relief features? X T1 ES— MAYBE NU— d), The destruction, covering or modification of any Xuniquegeologicorphysicalfeatures? V MAYBENO e) Any increase in wind or water erosion of soils,Xeitheronoroffthesite? YES MAYBE NO f) Changes in deposition or erosion of beach sands. or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or ahy bay, inlet or lake? X 1 Explanation: B: The proposal is to fill w/425,000 CY oveY sexiER No elevations. C: See above. D: The clearing of trees and vegetation which may be considered unique. E: Only the limited amount that may occur during construction. F: The current SCS construction and work within the P-1 channel and this proposal change the flood boundry on site. 3- 2) Air. Will the proposal result in: a) Air lemissions or deterioration of ambient air Xqu yr MAYBE NO b) The creation of objectionable odors? X vrr warB Nu- c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or Xregionally? YES MAYBE NO Explanation: C: Due to the reduction of existing vegetation, there may be very .minor localized changes. 3) Water. Will the proposal result in: a) Changes in currents, or the course of direction of water movements, in either marine or fresh waters? X YES MAYBE NO b) Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? X YES MAYBE NO c) Alterations to the course or flow of flood waters? X d) Change i;n the amount of surface. water in any water YES MAYBE NO body?X YES MAYBE NO e) Discharge into surface waters, or in any alteration surface Water quality, including but not limited to temperature, dissolved oxygen or turbidity? X YES MAYBE f) Alteration of •the direction or rate of flow of Xgroundwaters? YES MAYBE NO g) Change in 'the quantity of ground .waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? X YES MAYBE NO h) Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosphates, detergents, waterborne virus or bacteria, or other. substances into the ground waters? X YES MAYBE NO i) Reduction in the amount of water otherwise available Xforpublicwatersupplies? YES !War YU- Explanation: B: Due to imported soil types and compaction, the ab- sorption rates will change. Also the patterns Will change due to proposed contours and elevations. 4) F'.Iira. Will the proposal result In: a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass, crops, microflora and aquatic plants)?X YES MAYBE !W b) Reduction of the numbers of any unique, rare or endangered species of flora? YES MAYBE NO c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? X YE— MAYBE NO d) Reduction in acreage of any agricultural crop? X VES RITE W Explanation: A: Clearing of trees and shrubs shall reduce numbers. B: (See above) The area is a reparian forest which is unique in the area. C: The introduction of errosion control grasses and the prevention of the return of existing tree types in the areas of fill . 4- 5) Fauna. Will the proposal result in: a) Changes in the.diversity of species, or numbers. of any species of fauna (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or• microfauna)? X DES MAYBE FIU b) Reduction of the numbers of any unique, rare or X endangered. species of fauna? YES MAYBE NO c) Introduction of new species of• fauna into an area, or result in a barrier to the migration or movement Xoffauna? SES MAYBE NO d) Deterioration to existing fish or wildlife habitat? YES MAYBE NO gxn,;anation: A:• Due to clearing and filling operations species may relocate to preserve areas. C: New species may use the area after the grasses take hold. 6) Noise. Will the proposal increase existing noise levels? X YES MAYBE NO Explanation:: Construction noises and truck noise may increase but shall be short term. 7) Light and Glare. Will the proposal produce new light or glare? X EVES' umr N Explanation: 8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? X YES RATE NO Explanation: The present land use is reparian forest. However, the zoning is MP and the proposal is to clear and .fill part of the site. 9) Natural Resources. Will the proposal result in: a) Increase, in the rate of use of any natural resources? X Ws MAYBE •NO b) Depletion of any nonrenewable natural. resource? X YES MAYBE NO Explanation: A: The proposal will use soil and rock suitable for such filling operations. 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? X YES RATIT NO Explanation: Only which is typical in the construction processes 11) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population of an area? f - MAYBE Explanation: 5 12) Housing. Will the proposal affect existing housing, or create a demand for additional housing? X YES MAYBE NO Explanation: 13) Transportation/Circulation. Will the proposal result in: a) Generation of additional vehicular movement?X YES MAYBE NO b) Effects on existing parking facilities, or demand Xfornewparking? YES MAYBE NO c) Impact upon existing transportation systems? X YES MAYBE N5— d) Alterations to present patterns of circulation or Xmovementofpeopleand/or goods? YET- MAYBE NO e) Alterations to waterborne, rail or air traffic? X YES MAYBE NO f) Increase in traffic hazards to motor vehicles, Xbicyclistsorpedestrians? VET- WYE NO Explanation: C & F: The use of large trucks to bring soils to the site via freeways and city streets. rig;=;c:` 14) Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a) Fire protection? YES MAYBE NO b) Police protection? X YES MAYBE NO c) Schools? X YES MAYBE NO X d) Parks or other recreational facilities? YES MAYBE NO e) Maintenance of public facilities, including roads? X YES MAYBE NO f) Other governmental services? X YES MAYBE NO Explanation: E: May be some dirt and dust caused by trucks on public roads. 15) Energy. Will the proposal result in: a) Use of substantial amounts of fuel or energy? X__ YESMAYBE NO b) Demand upon existing sources of energy, or require the development of new sources oil energy? X YES MAYBE 0— Explanation: 16) Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: a) Power or natural gas? X YES MAYBE NO jam)X b) Communications systems? YES MAYBE NO c) Water? X YES MAYBE NO 6 d) Sewer or septic tanks? X YES UM' N0 e) Storm water drainage?X YES MAYBE N- f) Solid waste and disposal? X YES MAYBE ku- Explanation: . E: Storm drainage and erosion control system on site will be required. 17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding Xmentalhealth)? • v tr MATETE NU- Explanation: 18) Aesthetics. Will, the proposal result in the obstruction of ' any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive X site open to public view? YES MAYBE NO Explanation: The replacement of a forest by grass lands may be offensive to some aspects of the public 19) Recre:ti!ra, Wi;; doe proposal : rea:tl t in an impact upon the quality or qu•.•..itity of ;:xisting rccr•:^.'tioi:a1 opportunities? X YES MAYBE K0— Explanation: 20) Archeologicrl 'Historical . Will the proposal result in an C.i, teratlon oTsli gniticant archeological s r historical te, structure, object. or building? X fTES— MA FB N0 Explanation: III. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- 1. ration of non-'significance that it might sue n reliance upon this checklist should ' V there be any Willful misrepresentation o willfu lack of full is osure my part. Proponent: signed) DeL & 5ON4S name printed) City of Renton Building 6 Zoning Department Hay, 1983 Form 3 176 PC.PROJECT S -`, . tlQ t 6 Ct( (11_r_'' "f '1/41" name, address):ry richares carothers associate• PROJECT NO:21d?. Reply to: TO: a f'C'P`) 8Sea14 tt East le W Pike h Street 98122 N (1. -, i UT 1.) Washington r 408 S.W.2nd Ave.#402 1 j",r(- {__ ,4(.)F'' . J Portland,Oregon 97204 SCt j f f 7 p_' c..t.6 El75-1R1 WE ARE FORWARDING THE FOLLOWING: El ATTACHED UNDER SEPARATE COVER VIA Originals El Shop Drawings El ElSpecifications Request for Proposal El Prints El Photographs/Slides 0 Contract Documents Equipment Submittals El DRAWING NO. COPIES TITLE OR DESCRIPTION DATE SIZE CA `i E !',1'. .4 t•ts P h'r. t I_'4)j' r }' Fy iuo1 F )A• ro 1,,.1G /)r ,. 1)fl.1 _ iC` rf., 't. ..r' . rt,. ,. /I1(aC$-lr if :J`• . rif: ./; i -C' r' (.! 4 V"i. f Xi A _, i C-1 ! 1 , j;` j-. ,. r , r. Richard Carothers Associates BY: p DATE: 7. . yAr Tr. r or=r A COPIES TO: r"tA r. ENDING OF FILE FILE TITLE vepo7ift ?4,/ Land Lise leS