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Home My WebLink AboutLUA 07-128_Report 01Denis Law City Qf UDit � Mayor f Department of Community and Economic Development C.E."Chip"Vincent, Administrator November 5, 2013 Jonathan Bartels Galloway at the Highlands I LLC P.O. Box 1204 Puyallup WA 98371-0231 SUBJECT: RELEASE OF MAINTENANCE BOND (AOF) FOR UTILITIES & STREET LIGHTS UNDER PERMITS U070023/U070169 GALLOWAY AT THE HIGHLANDS PLAT The City of Renton, Community and. Economic Development Department hereby releases maintenance bond number #5319759155 in the amount of $22,000.00. Please notify your surety company of this release. If you have any questions, please contact me at (425) 430-7235. Sincerely, Carrie K. Olson Development Services, Plan Review Enclosure: Original Maintenance Bond ,\M-BondRel/Permit Bond (AOF) U070023.doc/colson Renton City Hall 1055 South Grady Way • Renton, Washington 98057. rentonwa.gov SIGNMENT OF FUND U.S. TRUST WV THE CITY,,OF,"RENrLckNx","P,„",t Bank of America, N.A. APPLICANT: GALLOWAY AT THE H[GHLANDS I LLC BANK: Owner: Same Branch: Address: P. O. Box 1204 Address: Puyallup, WA 98371-0231 Phone: 253-606-4939 Phone: Fax: Fax: Attention- Jonathan Bartels Attention: Title: Managing Partner Title: r f The above referenced bank hereby certifies that $22,000 is on deposit in account # �53 t 75gLl- .5 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Galloway at the Highlands Location/Address of Plat or Project: '343 Union Avenue NE, Renton, WA The required work is generally described as follows: Installation of sewer main; water main; street improvements including curb, gutter and sidewalk and asphalt paving; street trees; street lights and storm drainage system The bank hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed. The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of Funds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. ... ��"_ ,...�s/.e k,c._'t p Name, Title Date S. I auS i o C-Onq Bank ti G Aut orized Signature C-71F,�A Name, Title Date U.S. Trust, WA5-509-04.10 820 A Street, 4th Floor, Tacoma, WA 98402 n—ni'd P°®`.\Heath Projects\Galfoway',Assignment of Funds - Maintenance.doc 0510; Carrie Olson From: Carrie Olson Sent: Wednesday, July 24, 2013 4:47 PM To: Kayren K. Kittrick Subject: Glloway at the Highlands, 343 Union Ave NE; U070023 Kayren, This was Mike Dotson's project then Arneta's. Is it okay to release this bond. Maint. Bond (AOF) $22,000; Expires: Sept 7, 2012. Motivation determines what you do. Attitude determines how well you do it. Lou Holtz Ca+f`'rLel fie., 0 Z40 -rt/ Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colson@rentonwa.Aov 425-430-7235 Office 425-430-7300 FAX r1 Jfii;{J�� Department of Community and Economic Development Alex Pl etsch, Ad m inlstrator May 14, 2012 .'Ms, Gina Buttacavoll Assistant Vice president Client Sales & Service officer O.S. Trust Bank of America , 820 A Street, Floor 4 Tacoma, Washington X8402 IItE, Release of Assignments of Funds . offsite Deferral Galloway at the Highlands 343 Union Avenue NE Renton, WA Dear Ms. Buttacavoll: This letter will serve as authority to Yelease two oft hree Assign is of Funds in account number 5319759155 in the amount§ of $9,38 ,00, and $21,9 3.00. These Assignments of Funds were posted with the City of Renton on behalf of Jonathan Bartels for the Galloway at the Highlands on September 7, 2010, The original Assignments of Funds are attached for your reference. i ��• ' I f We will continue to (told the Assignment of Funds in the amount of $41423.00 until the final lift of pavement, mailboxes, and monuments have been Installed and meet inspection requirements. if you have any questions, please contact Arneta Henninger, Engineering Specialist at (425) 430-7298, Sincerely, Neil Watts Development Services Director cc, Gregg Zimmerman, Pubilc Works Administrator Kayren Kittrick, Engineering Supervisor, Arneta Henninger, Plan Review Jonathan Bartels, Managing partner, Galloway at the Highlands Renton City Hall ■ 1055 South Grady Way s Renton, Washing tort 98057 0 rentonwa,gov Jonathan Bartels From: Jonathan Bartels <jkbartels@comcast.net> Sent: Tuesday, November 05, 2013 9:11 AM To: Jonathan Bartels Subject: FW: Galloway at the Highlands Release of Assignment of Funds Attachments: galloway release aof 051412.pdf From: Linda Moschettifmailto:LMoschetti@Rentonwa.gov] Sent: Monday, May 14, 2012 22:29 PM To: Kayren K. Kittrick; Arneta J. Henninger; Jan Illian; 'jkbartels@comcast.net' Subject: Galloway at the Highlands Release of Assignment of Funds Attached, please find a copy of the letter authorizing release of two Assignments of Funds for the Galloway at the Highlands project; one In the amount of $9,387 and the other in the amount of $21,903. The original letter and Assignments of Funds will go out in today's mail to U.S. Trust Bank of America and Mr. Bartels will pick up a hard copy of the attachment on Friday, May 18, around 10 a.m. when he comes In to get sprinkler permits. Linda Moschetti Administrative Assistant Public Works Department City of Renton 1055 South Grady Way Renton, Washington 98057 Phone: (425) 430-7394 Fax: (425) 430-7241 E-mail: Imoschetti@rentonwa.gov I. C i,r . c ,W� ,, r Denis Law City Of Mayor R 5�, #` a November 14, 2013 Department of Community and Economic Development C.E."Chip"Vincent, Administrator Ms. Gina Buttacavoli Assistant Vice President Client Sales & Service Officer U.S. Trust Bank of America 820 A Street, Floor 4 Tacoma, Washington 98402 RE: Release of Assignment of Funds Mite Deferral ID Ef F (0 ` � 4 Galloway at the Highlands 343 Union Avenue NE Renton, WA Dear Ms. Buttacavoli: This letter will serve as authority to release an Assignment of Funds in account number 5319759155 in the amount of $41,123.00. This Assignment of Funds was posted with the City of Renton on behalf of Jonathan Bartels for the Galloway at the Highlands on September 7, 2010. The original Assignment of Funds is attached for your reference. If you have any questions, please contact Carrie Olson, Engineering Specialist at (425) 430-7235. Sincerely, {f lVe� Neil Watts Development Services Director cc Gregg Zimmerman, Public Works Administrator )an Illian, Plan Review Jonathan Bartels, Managing Partner, Galloway at the Highlands File Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • tentonwa.gov RECENED ECE SEP 13 2019 CITY OF R� PUBLIC WORKS ADMI1 ank of America, N.A. U.S.R NT OF FUNDS TO THE C1TXDXi APPLICANT: GALLOWAY AT THE HIGHLANDS I LLC BANK: Owner: Same Branch: Address: P. 0, Box 1204 Address: Phone: Fax: Attention: Title: Puyallup, WA 98371-0231 253-606-4939 Jonathan Bartels Managing Partner Phone: Fax: Attention: Title: COPY: ST 4 The above eferenced bank hereby certifies that $41,123 is on deposit in account # 531 75 1 15 , under the name of the City of Renton, to secure the applicant's performance of the following work required in connection with the plat or project described below: Plat or Project: Galloway at the Highlands Location/Address of Plat or Project: 343 Union Avenue NE, Renton, WA The required work is generally described as follows: Guarantee installation of final lift of pavement, mailboxes and placement of monumentation and other items as required by the city of Renton. The bank Hereby certifies and agrees that these funds will not be released without written instructions from an authorized agent of the City of Renton (the City). We further agree that these funds will be paid to the City within 10 days of receiving written notice that the City has determined that the required work has not been properly performed, The bank shall have no duty or right to evaluate the correctness or appropriateness of any such notice or determination by the City and shall not interplead or in any manner delay payment of said funs to the City. The applicant hereby agrees to this Assignment of bunds and that its obligation to perform the required work is not limited to the amount of funds held by the bank. This Assignment of funds is irrevocable and cannot be cancelled by the bank or applicant. These funds may not be assigned, pledged, used as security or otherwise made available to the applicant, bank or third party without the prior written consent of the City. S.. - �► Applicant Ta J AudhAztd Signatur A rued Signature Name, Title Name, Title T .AA Q I C-7 �,� � 1 o ---- - Date 7 7— ---- - .pate 800.44L3494 • Fax: 800.977.3218 U.S. Trus4 WA5-509-0410 a20 A 5tree4 4th Floor, Tacoma, WA 98442 n°" l` dp6�: Beath PmjectssGzlloway.Assignmenl of Funis - Consmclioa.doc �' October 1, 2012 Renton City Council Minutes Page 289 APPEAL Planning and Development Committee Chair Prince presented a report Appeal: Galloway at the recommending that the full Council find that the Hearing Examiner committed Highland Final Plat, Campbell no errors of fact or law in this matter and that his decision be affirmed_ Dille Barnett & Smith PLLC, MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE LUA-07-128 COMMITTEE REPORT. CARRIED. AUDIENCE COMMENT Beth Asher (Renton) asked what the next steps will be regarding the Cedar Citizen Comment: Asher — River Library now that the City has completed the first library workshop. Library Next Steps Councilmember Briere explained that the City will be using the information received from citizens at the workshop to formulate the agendas for upcoming workshops. She remarked the information received was reduced to four main topics that will be discussed during the next two meetings. Citizen Comment: Clark — Beatrice Clark (Renton) stated that she has appeared before Council at previous Emails & Racism meetings to address concerns dealing with racism at the King County Library System. She remarked that she has yet to receive a response to her concerns. She also expressed concern regarding an email she wrote to Councilmember Corman that was forwarded to the City Attorney. Ms_ Clark stated that when she received a copy of the email some of the text was blotted out. She questioned whether the comments were blotted out because they may be racist or biased. CONSENT AGENDA Items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Council President Zwicker, Item 7.f. was removed for separate consideration. Council: Meeting Minutes of Approval of Council meeting minutes of 9/24/2012. Council concur. 9/24/2012 CAG: 12-126, Stevens Ave City Clerk reported bid opening on 9/25/2012 for CAG -12-126; Stevens Ave. NW/Lind Ave NW Storm NW/Lind Ave. NW Storm System Improvement Project; engineer's estimate System Improvement, Rodarte $241,580; and submitted staff recommendation to award the contract to the Construction low bidder, Rodarte Construction, Inc., in the amount of $189,765. Council concur. Finance: 3rd Quarter 2012 Administrative Services Department recommended approval of the third Budget Amendment quarter 2012 Budget Amendment increasing appropriations by .$8,496,583. Refer to Finance Committee. Finance: Refinance 2004 Administrative Services Department requested approval of an ordinance Water and Sewer Revenue authorizing the issuance of revenue bonds in the amount of $9.35 million to Bonds & Redeem 1998 Bonds refinance existing 2004 Water and Sewer Revenue Bonds and redemption of 1998 Water and Sewer Revenue Bonds one year early. Refer to Finance Committee. Police: Target Zero Teams, WA Police Department requested approval of a memorandum of understanding to Traffic Safety Commission accept .$16,320 in grant funds from the Washington Traffic Safety Commission Grant for Target Zero Teams project participation, a high -visibility traffic safety emphasis program. Council concur. MOVED BY ZWICKER, SECONDED BY PALMER, COUNCIL APPROVE THE CONSENT AGENDA MINUS ITEM 7.f. CARRIED. APPROVED BY PLANNING AND DEVELOPMENT COMMITTEE CITY COUNCIL COMMITTEE REPORT ,Q!`rd%x ]ate October 1; 2012 Gallowk.ay at the Highlands Appeal LUA-07-125 FP (Referred September 10, 2012) The Planning and Development Committee recommends that the full Council find that the Hearing Examirier committed no errors of fact or law in this matter and that his decision be affirmed. Terri Briere, V ce Chair Handy Carman, Member cc: Chip Vincent Neil Watts Garmon Newsom II Larry Warren J September 10, 2012 Renton City Council Minutes Page 244 Citizen Comment: Lambert— Kal Lambert (King County) stated that the members of the Renton Residents Library Construction Oversight Advocacy Coalition are skilled professionals who are willing to volunteer their time to assist the City in providing oversight on the library projects. He requested clarification regarding what he believes is a discrepancy between the interlocal agreement with the King County Library System (KCLS) and Ordinance No. 5535 which created the Renton Library Advisory Board. Mr. Lambert also requested information regarding whether or not KCLS would reimburse the City nearly $200,000 for architectural services completed after April 16 when Council decided to allow the issue on the library location to go to the voters. CONSENT AGENDA items listed on the consent agenda are adopted by one motion which follows the listing. At the request of Councilmember Corman, Item 8_e. was removed for separate consideration. Council: Meeting Minutes of Approval of Council meeting minutes of 8/20/2012. Council concur_ 8/20/2012 Appointment: Parks Mayor Law reappointed the following individuals to the Parks Commission for Commission terms expiring on 6/1/2016: Larry Reymann and Troy Wigestrand. Council concur. Appeal: Galloway at the J City Clerk reported appeal of Hearing Examiner's decision regarding permit fees Highlands Final Plat, Campbell for lots 9, 10, 11, and 12 at the Galloway at the Highlands Final Plat, filed on Dille Barnett & Smith PLLC, 7/19/2012 by representative Talis Abolins of Campbell, Dille, Barnett & Smith, LUA-07-128 PLLC, accompanied by required fee (File No_ LUA-07-128)_ Refer to Planning -.., _ and Development Committee. Finance: Quit -Claim Deed for Administrative Services Department recommended accepting a Quit -Claim Fire Station 16, Fire Protection Deed from !Ging County Fire Protection District No_ 25 which transfers District No. 25 ownership of Fire Station 16 (1.2923 156th Ave. SE) to the City of Renton. Council concur. Police: Non -Participating Police Department recommended approval of an interlocal agreement to Jurisdictions, VSWAT provide Valley Special Weapons and Tactics (VSWAT) Services to non- participating jurisdictions on an "as needed" basis. Council concur. (See page 246 for resolution.) Police: Joint Funding Program, Police Department recommended approval of Memorandum of Valley Cities Association Understanding with the Valley Cities Association in the amount of $30,000 per year for two years for planning, funding, and implementation of a joint funding program for the purpose of addressing shared community interests including, but not limited to, gang prevention and intervention through the Alive & Free program. Council concur. (See page 246 for resolution.) Utility: Stormwater Facilities Utility Systems Division recommended authorizing the Mayor or Mayor's Transfer Authorization, Designee to sign deeds, easements, and other conveyance documents required Residential Stormwater for City assumption of maintenance of 213 stormwater facilities in plats that Management Facility manage run-off from public streets as required by the Residential Stormwater Maintenance Program Management Facility Maintenance Program. Council concur. MOVED BY ZWICKER, SECONDED BY BRI ERE, COUNCIL APPROVE THE CONSENT AGENDA MINUS ITEM 8.e. CARRIED. i CITY OF RENTON COUNCIL AGENDA BILL S ' c Subject/Title: Meeting: Appeal of Hearing Examiner's Decision by Regular Council - 10 Sep 2012 Galloway at the Highlands attorney Talis Abolins, Campbell, Dille, Barnett & Smith, PLLC. regarding Lots 9, 10, 11, & 12 building permit impact fees. (File No. LUA-07-128 FP) Exhibits: Submitting Data: Dept/Div/Board: City Clerk's Appeal notification letter (8/1/2012) Administrative Services Appeal to Council (7/19/2012) Hearing Examiners' Decision/Response to Appeal Staff Contact: of Impact Fee Assessment (7/9/2012) Bonnie 1. Walton, City Clerk Appeal to Hearing Examiner (4/27/2012) Recommended Action: Refer to Planning and Development Committee Fiscal Impact: Expenditure Required: $ N/A Transfer Amendment: $ N/A Amount Budgeted: $ N/A Revenue Generated: $ N/A Total Project Budget: $ N/A City Share Total Project: $ N/A SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the Galloway at the Highlands (Lots 9, 10, 11, & 12) Final Plat was filed on 7/19/2012, by Galloway at the Highlands representative Talis Abolins of Campbell, Dille, Barnett & Smith, PLLC. accompanied by the required $250.00 fee. STAFF RECOMMENDATION: Council to take action on the Galloway at the Highlands appeal. Denis Law' Mayor. City of. rJ - City Clerk - fionniei:.Walton , August 1, 2012- APPEAL-FILED, BY : Galloway at the Highlands by their.attorne_y Talis Abolins, Campbell,!. " Dille, Barnett-&.Smith, PLLC: IEEE Appeal of Hearing; Examiner's decision dated'July 9, 2012,. regarding'Galloway at th'e Highlands,.Lots 9,,10, 1-1, & 12. (File-No. WA-07:1281 P) To Parties of-Records: - 'Pursuant to'Title IV;.Chapter 8, -Renton City Cbde.of Ordinances,.vkitten appeal'of the hearing examiner'sdecision.on,the referenced issue has been.file&with the City Clerk. In accordance with Renton.IVlunicipal Code Section 4-8-11OF withlnfi--Ve days of receipt of the nbtice of-appeai,:or after all appeal periods with the bearing Ex.aminer`have expired,: the City Clerk shall notify all parties'of record'of thereceipt of the appe.al.' Other. parties of record _may subr6it letters limited to support of.their positions regarding'the :appeal within Leri (10) days of the date of mailinng of this notification. The deadline for submission of additional letters is by _ 5:00=p.m.; Monday, August 13, 2012- NOTICE 15,HERfBY GIVEN that the written appeal and other pertinent documents will be reviewed by the. Council's Planning and D6velopment Committee at 3:00 p.m: on Thursday, . = 5ejAember-27,2012, in the Council Chambers, 7th:floor of Renton City full, 1055 South Grady Way; Renton,-Washington 98057.;. The.recommendation of,the Committee will liepresented.for consideration by the full-Council at a.5ubsequent Council meeting:. Copy of the appeal and the REnton Muriicipal Code' regarding appeaLof Hearing.] xariner. decisions. or'recommenda-do.ns`is attached. Please note that the,,Cfty.Council will be considering_. the merits of the appeal-based dpon'the written. record 'previously established „Unless a _. ;showing ca'n be'made that additional evidence. could: not feasonably have been available:atthe prabr'hearing:.held by the Hearing•Examiner,.no further evide-nee'-oitestimon� on,-this matter will'.be-accepted bythe City Council. -t or-additional information oe assistance, please call me at 425-430-6510. - 5incer0y, ; Bonnie'l:" Walton City Clerk Attach menu 1055 South Grady Way!" Renton, Washington 98057 • (425) 430-6511D /Fax (425) 4 0-6515 rentonwa.gov, - City of Renton Municipal Code; Title IV, Chapter 8, Section 110 —Appeals 4-5-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Standing: Unless otherwise provided by state law or exempted by a state or federal agency, only the Applicant, City or a Party of Record who has been aggrieved or affected by the Hearing Examiner's decision and who participated in the Hearing Examiner's public hearing may appeal the Hearing Examiner's decision. A person(s) will be deemed to have participated in the public hearing process if that person(s): a. Testified or gave oral comments at the public hearing: or b. Submitted any written comments to City staff or the Hearing Examiner regarding the matter prior to the close of the hearing: or c. Has been granted status as or has requested to be made a party of record prior to the close of the public hearing. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner_ S. Burden: The burden'of proof shall rest with the Appellant. 6_ Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Decision Documentation: The decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner.. Each material finding shall be supported by substantial evidence in the record. 9. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and coriclusive, unless appealed within the time frames established under subsection G5 of this Section. • Campbell, Dille, Barnett & Smith, PL.L.C. Attorneys at Law i .b6 D. C—p6l (006-20W) 317 5OLTI-H MERIDIAN I PO. 80X 488 1 IMU AUJJI; U I SHI[tiGTON 9937 t-0164 TELEPHONE: (253) 848-3513 FAX: (253) 845-4941 SENDER'S E-MAIL_ TaE&A@cdb-law.com WEBSITE: www.cdb-law-corn July 19, 2012 Renton City Council, c/o Ronnie L Walton, City Clerk City of Renton 1055 South Grady Way Renton, VITA 98057 ATTORNEYS_ CfiYOFRENTON _ ROBERT D. CAMPBELL(1906-20(H!)I ' TALIS M. ABOLINS I L 2 0 201 2 HOLLIS H.BARNETT, P.S.* V STEPHEN A. BURNHAM RECEIVEl7 BRYCE H. DILLE, P.S. CITY CLERK'S OFFICE T-rrr.L& Y A. HOLMES f n SHANNON R. JONES v� NOL �•~!�� a�`r�x�_rtiM1 DEBORAH A. PURCL.L DAN= W. SMITH JEREMY &L SWANN * OFGOUNsm. ESCROW DEPARTMENT SUSAN BOAT, LPO Re: NOTICE OF APPEAL OF HEARING EXAMVVER'S DECISION DATED JULY 9.2012 TO THE RENTON CITY COUNCIL Galloway at the Highlands City of Renton -- NE 3' Place — Lots 9, 10, 11, 12 Building Permits: CP07293 (Parcel 2690100090) CP07301 (Parcel 2690100100) CP07300 (Parcel 2590100110) CP07292 (Parcel 2690100120) Dear Honorable Members of the City Council: My client, Galloway Heights L LLC, hereby appeals the Hearing Examiner's decision on the imposition of school impact fees in connection with, building permits issued on the Galloway at the Highlands project, including the currently issued BuiIding Permits 7293, 7301, 7300 & 7292. With this correspondence we are submitting the $250.00 appeal fee for an appeal of a Hearing Officer decision to the City Council pursuant to RMC 4-8-110E(S) and 110F, This is the first set of Galloway permits being appealed. The hearing on this first set of permits was held on June 19, 2012, pursuant to RMC 4 -8 -080(C) - Background. Galloway Heights 1, LLC (Galloway), is a small business owned by two families. They formed the business to investigate the possible acquisition and completion of a blighted and unsightly property within the City of Renton. This highly visible property was in a state of disrepair, and was mired in receivership. Galloway conducted a thorough due diligence of the project, and carefully reviewed Renton's business friendly code provisions. Galloway also Campbell, D,11S B=ctt & ,%i t PJ -J -C. I A PROFFS9ONALLiMr T-IABTl nY (;OMP1 t rf U4a ING A PROF. <)MAI. SF..RVTCF tDppoRATiON Renton City Council Appeal by Galloway Heights July 19, 2012 Page -2- met with City officials regarding the status of the project. Based on this information Galloway successfully .negotiated a purchase of the property and, at great expense, have proceeded to convert it from an eyesore into an attractive residential development within the City's limits. Galloway's appeal arises from the hearing examiner's decision on the application of City of Renton's Ordinance 4.1.160E(2) to the Galloway Heights project. During the due diligence process the Galloway project was subject to a unique and business friendly ordinance adopted by this Council. Section 160(E)(2) was clearly designed to provide certainty and encouragement for those businesses looking to develop within the City of Renton. This provision unambiguously established a vested right to the fee schedule in effect at the time of preliminary approval for a project: For a plat or PUD applied for on or after the effective date of Ordinance 4808, the impact fees due on the plat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUI) receives preliminary approval. City of Renton Municipal Code, 4.1.160E(2) (emphasis supplied, as amended through Ord. 5442, 1-12-2009). The Galloway project received preliminary approval on March S, 2007. At the time of acquisition, Galloway understood that RMC 4.1.160E(2) was still the City's "law" with respect to school impact fees for the Galloway project. See also RMC 4-1-160(A) (RMC 4.1..160 governs school impact fees throughout the City). At that point in time there were no school impact fees in effect for the Renton School District. Before acquisition of the property, representatives of Galloway Heights I, LLC specifically reviewed Section E(2) of the City's Ordinance and the impact fee schedule as a part of the due diligence process. In fact, it was a City official (Craig Brunell) who specifically pointed out the protections of this vesting provision in a meeting with Mire Bauer, who was helping with Galloway's due diligence process. At that point in time, the City's officials recognized and interpreted RMC 4.1.160E(2) as the governing law with respect to the Galloway project. The City's vesting language in E(2) created a clear, unambiguous right to rely upon the fee schedule in effect at the time of preliminary approval. This legal protection helped convince my client to invest its limited funds to acquire and revive the blighted development, which had ground to a halt. Campbel DkBamctt&S=kl� P7 -G E APROiF59�QPI.?T* T�uhBIISiYiD SPANYB�C7ZiDJNGflPRaF 9Q�1f�.SF�iV1LfiCORPC th T� Renton City Council Appeal by Galloway Heights July 19, 2012 Page -3- On or about March. 17, 2010, the City amended subsection E(2) with Ordinance 5532_ The amendment removed the pre-existing vesting language_ Under the amendment, school impact fees would be assessed and collected from the lot owner "at the time the building permits are issued, using the fee schedule than in effect." RMC 4.1.160E(2) (as amended by Ordinance 5532).. Galloway has no problem with a reasonable prospective application of this ordinance, which logically applied to applications for preliminary plat approvals submitted after its effective date. However, the hearing examiner ultimately decided that the modified Section E(2) would be applied retroactively, to the Galloway project — to the tune of more than $75,000 in impact fees. This retroactive interpretation has a dramatic and unanticipated financial impact on the Galloway project and its owners. For Galloway, a retroactive interpretation destroys the fee structure originally mandated by Section 2(E), and in doing so, the retroactive interpretation also destroys the Galloway project budget. This appeal is based on the clear and substantial errors of law created if the amendment is applied retroactively to the Galloway's vested project. Substantial Errors of Law. The Hearing Examiner's retroactive interpretation and application of the ordinance creates clear and substantial errors of Iaw that are fundamentally unfair and are arbitrary and capricious. The applicant is a small business which reasonably assumed that the City ordinance meant what it said. Galloway relied on the City's laws which include an unqualified guarantee vesting the project to a specific impact fee schedule. Galloway relied on this legal provision and moved forward on a major investment and challenge. The applicant acquired an unsightly and blighted project within the City, and they have invested hard earned family resources to try and complete the development in an attractive and code compliant residential development, during a time of economic recession. For multiple reasons, the hearing examiner's decision erroneously concluded that it was proper to apply a retroactive repeal of the City's legal guarantee, and apply a new ordinance to the old project in a .manner that destroys the financial success ofthe Galloway's entire operation. The Amendment To I60(E)(2) Should Be Prospective, Not Retroactive. As a matter of plain language and logic, the original section 160(E)(2) applied to the Galloway project, and vested that project to an impact fee schedule of "zero". Even the hearing examiner ultimately agreed that impact fees within Renton School District were "zero" between December 29, 2009 (when Renton impact fees were added) and March 17, 2010 (when the 160(E)(2) plat approval language was repealed). Decision, pp. 7-9. Moreover, City officials including the Director of Development Services himself indicated that the ordinance had originally vested the Galloway project_ Thus, the City's own interpretation contradicts that portion of the hearing examiner's complex interpretation which suggests that section 160(E)(2) was limited to Renton School Camfbcr,DI-, &S=tkP.LLC- I APHOFkE&ONALLDCrMv_na=oDWANY as M]NGnPuoPEsSTONALMMO-�oonraRnn()N Renton City Council Appeal by Galloway Heights July 19, 2012 Page -4- District plats applied for after December 23, 2009. The hearing examiner's limited interpretation is also contradicted by the express language of 160(E)(2)_ The City's ordinance unequivocally stated that the impact fees were vested for all plats applied for after the effective date of Ordinance 4808 (November 10, 1999). Sleasman v. City of Lacey, 159 Wn.2d 639, 646, 151 P_3d 990 (2007) (holding that full effect must be given to the language of an ordinance, with no part rendered meaningless or superfluous). This included the Galloway project. The hearing examiner's interpretation of the ordinance also presents a clear violation of the principle against retroactive application of ordinances. State v. Malone, 9 Wn_ App. 122, 131, 511 P.2d 67 (1973) (retroactive application is disfavored by law). It is well settled that, absent a legislative expression to the contrary, a law is presumed to apply prospectively only. The language of the ordinance cannot be reasonably interpreted to effect a retroactive repeal of the original language, which expressly created vested rights_ There is no dispute that this amendment was not remedial_ Rather than a clarification, the amendment created a dramatic and substantive change in a legal promise that applied to specific projects. To apply this change in the law retroactively is an unreasonable and unlawful interpretation of the City's laws_ A Retroactive Repeal of the Vesting Law Is Unconstitutional. In addition, a retroactive repeal of this substantive vesting language raises serious constitutional problems, exposing the City to liability for any project that received preliminary approval under the original Section 2(E). Washington courts recognize that, as a matter of due process, land owners are entitled to rely upon a municipality's fixed rules governing land development. Valley View Industrial Parks v. City of Redmond, 107 Wn.2d 621 (1987), citing West Main Associates V. City of Belle-y-ue, 106 Wn.2d 47, 720 P.2d 782 (1986). To satisfy due process standards, anew ordinance must aim to achieve .a Iegitimate public purpose, and "the means to use and achieve that purpose must be reasonably necessary and not unduly oppressive upon individuals." West Main Associates, 106 Wn.2d at 52. Once created, vested rights are entitled to protection. See Lincoln Shiloh Associates, Ltd. v. Mukilteo Water Dist_, 45 Wn. App. 123, 127, 724 P.2d 1083) (citation omitted). The Hearing Examiner has supported its decision with authorities such as New Castle and RCW 58.17,033, wbich address vesting under the Revised Code of Washington. However, the Galloway appeal does not take issue with the City's decision to increase impact fees under RCW 58.17.033. There is no question that the City has great flexibility in modifying the fees based on School District needs. The problem here is the City's retroactive application of Ordinance 5532 to projects that were legally vested under the City's own unique vesting laws. Section 2(E) C rock ]Zc,B=ett&STn*PLLLC I AMOrR390NALLIF=LIAB=YODNTANYLNaJUDNGAP7tDMS70NALc;MZV CORPORAT)C)N Renton City Council Appeal by Galloway Heights July 19, 2012 Page -5- expressly granted projects the legal right to pay. those impact fees in effect at the time of preliminary approval. Prospectively, this is not a problem. Retroactively, the interpretation violates Galloway's rights under the common Iaw and the constitution. This decision also requires modification based on the statutory "fairness" standard which governs impact fee appeals in Renton. RCW 82.02.070 ("The impact fee may be modified upon a determination that it is proper to do so based on principles of fairness.")_ The hearing examiner also suggests that the original 160(E)(2) only created a "mere expectancy" or "guideline", similar to a "mode" of tax collection. See Decision, pp. ' 9-11. Again, the plain language of the ordinance intentionally creates a vested right, without qualification. This appeal involves much more than a developer's mere expectation to a fee schedule or guideline on taxes. This appeal involves a City ordinance that expressly grants developers a vested right to the fee schedule in effect at plat approval. State and local laws can and do create vested property rights; the unique ordinance in this case does not use loose language of "guidelines" or procedure, but instead vested the Galloway project to the fee schedule in effect at the time of plat application. The language in 160(E)(2) could only have meant what it says — it is unqualified and specific, and was reasonably relied on by the developers in this case in a manner that clearly satisfies the standard for vesting of rights under the constitution and common law. Equitable Estoppel;. Galloway also appeals on the ground that a retroactive repeal of subsection 2(E) would be barred by equitable estoppel. Equitable estoppel prevents municipalities from adopting inconsistent positions in a manner that damages those who rely on the first position. See Lincoln, 45 Wn. App. at 130. Galloway Heights I, LLC relied upon the City's language in Section 2(E) — the language was unambiguous at the time of application. While the City properly amended Section 2(E) prospectively, a retroactive application of the amendment is a fundamentally inconsistent statement depriving the owners of more than $75,000 needed elsewhere for the project. This damaging adoption of an inconsistent ordinance is subject to relief under a claim of equitable estoppel_ The hearing examiner decided that he could not decide the equitable estoppel argument, and indicated that this issue would need to be resolved by the superior court Decision, p. 12. However, this Council is in a position to avoid the need for litigation of the equitable estoppel issue by issuing a ruling to correct the fundamentally unfair situation where a local developer is saddled with over $70,000 in impact fees that the City originally guaranteed would not apply. C 1pbckDiDe,Ba:mEmLSrxtit�;P.LLG I APao otau.rnEr LLQ Bar CCk%TMNDaaLDD4GAPRQcM wil..Z�MCECMpORA ]ON Renton City Council Appeal by Galloway Heights July 19, 2012 Page -6- Based on the foregoing, Galloway respectfully appeals the Hearing Examiner's decision approving the retroactive imposition of more than $70,000 in school impact fees on its project_ We appreciate this important opportunity to seek review and correction of this decision. Very truly yours, CAMPBEL DTLLE, BARNETT & SMITH, P.L.L.C. Taiis M. A Olins TMA/mal Cc: Client 1; DATAO\IIHBWBartels, JonathanlGalloway at the Highlmids - School impact Fees 22827.0091CCity of Renton 4-13•12.docx CampbtkD,kBxnM&SM1tkF'-L LC- I APRO_r=aNALLRdTIT- UABT[IfYoowANS'TNc:1.l NGAMOFESSiONAL�RVICECM?CIRAT)ON Denis Law �. Mayor I city 0�' I - -tet ✓- O City Clerk - Bonnie i. Walton July 9, 2012 Talis Abolins Campbell, Dille, Barnett & Smith, PLLC. JUL" 11012 317 South Meridian' CARY�P111� P.O_ Box 488 PLIC Puyalljjp; WA 98371 Re: Decision for Galloway at the Highlands Building Permits 7293, 7301, 7300 & 7291 Dear Mr. Abolins: Attached is your copy of the Hearing Examiner's Decision dated July 9, 2012, in the above - referenced matter. if I can provide further information, please'feel free to contact me. Sincerely, . Bonnie 1. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Larry warren, City Attorney Garrnnn Newsom, -Assistant City Attorney Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director StacyTuder, Development Services Parties of Record J3) ' 7 DSS South Grady Way -Renton, Washington 58057 • (425) 430-6510 /Fax (425) 430-6576 • rentonusra.gov 2 4 V1 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 1 9.2I1 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Galloway at the Highlands APPEAL OF IMPACT FEE ASSESSMENT Appeal ) ) Summary The Appellant appeals the imposition of school impact fees for the construction of four single-family homes, totaling $32,497.41 Tbe'appeal is denied and the imposition of $ 32,497.41 in school impact fees is sustained. The key issue of this appeal is whether an ordinance assessing impact fees at building permit issuance based upon amounts in effect at the time of subdivision approval creates constitutionally protected vestedrights that cannot be extinguished or modified by subsequent amendment. No such vested rigbt was created in this case and no fee adjustment is warranted. The Appellant appeals the imposition of impact fees for the Renton School District ("RSD") for building permits issued for development of single-family homes in the Galloway of the Highlands subdivision. When the subdivision was approved on March 28, 2007, there was no RSD impact fee. At that time the City's impact fee only assessed and only applied to impact fees collected for the Issaquah School District ("ISD"). RMC 4-1-160(E) provided that impact fees cavae due at building permit issuance but that the amount of the fee would be based upon the "fee schedule in effect when the plat or PUD receives preliminary approval." The definitions and purpose clause of the ordinance clearly provided that the impact fee ordinance was to exclusively apply to ISD fees, including RCW 4-1-160(E). Consequently, when the Galloway preliminary plat was approved, the impact fee ordinance did not dictate that any future RSD impact fees would be based uponimpact fee schedules M effect at preliminary plat approval. subsequent to the approval of the Galloway preliminary plat, for a brief period of time the Renton �ity Council did amend the impact fee ordinance to provide that the RSD impact fee amounts in affect at preliminary plat approval (0$) would apply for impact fees that came due at building permit ssuance. On December 23, 2009 the Renton City Council added RSD impact fees to its impact fee ardinance. The definitions and pwrpose clause of the impact fee ordinance were not revised to nclude the RSD and its fees, but this was clearly an oversight and the only rational way to apply the Emendment as intended was to apply all provisions of the impact fee ordinance to RSD fees, ncluding RMC 4-1-160(E). RMC 4-1-160(E) also happened to provide that it applied to any rreliminary plats approved after the effective date of Ordinance 4808. Ordinance 4808 went into -$ect on November 10, 1999. The Galloway preliminary plat was approved after November 10, 999. Consequently, when the impact fee ordinance was amended on December 23, 2009 to include APPEAL - I 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 t 21 1 22 t F 23 a 24 v 25 L P 26 1 u RSD impact fees, the RSD impact fees for the Galloway development due at building permit issuance were based upon the adopted amounts in effect when the Galloway preliminary plat was approved, which was $0_ The Appellant purchased the Galloway development on.March 10, 2010 while the December 23, 2009 amendments remained in effect and testified that he purchased theproperty in reliance upon the fact that the RSD impact fees would be $0. On March 17, 2010, the Renton City Council amended RMC 4-1-160(E) to provide that the amount for an impact fee charged at building permit issuance was to be based upon the fee schedules in effect at the time of building permit issuance, instead of the fees in effect at the time of preliminary plat approval. if the December 23, 2009 amendments of RMC 4-1-160(E)constitute a constitutionally protected vested right to the $0 RSD impact fee, the Council would have been precluded from amending RMC 4-1-160(E) to provide for a higher amount. However, RMC 4-1-16(E) doesn't create any such vested rights. Rather it just creates an expectancy that is most analogous to an adopted "mode" of tax collection that provides guidelines on what impact fee schedules apply when amounts come due at the time of building permit issuance. Those guidelines were amended on March 17, 2010 and the RSD impact fees for any building permits issued after that date must be based upon impact fee schedules in effect at the time of building permit issuance. Testimony Talis Abolins testified that the appellant is asking for the reversal of a retroactive repeal of a provision in the city of Renton's code which had expressly granted Galloway LLC the right to the fee schedule in place when the preliminary plat received approval. The approval was received on March 28, 2007. At that point in time, the school fees in affect were zero dollars. Renton indicated that school fee impacts would be mitigated by an increase in the city's tax -base. However, after the appellant purchased the vested Highlands project, the city retroactively repealed the ordinance, resulting in a substantial financial impact. The appellant is asking for reversal based on due process, Fairness, and RCW 82.02.070 which provides that a city must give an appeal process which allows a =ee to be modified based on principles of fairness_ 3reg Heath, 2214 Tacoma Road, stated that he has been involved in real estate development for a lumber of years. He has participated in around 10-12 development projects. There are 4 members of he Galloway LLC including Mr_ Heath, his wife, Jonathan Arnold, and Kris Arnold. The LLC was brined to purchase the property and complete the building project. Galloway purchased the property hrough a bankruptcy process from a receiver. Exhibit 4 is a landscape plan and reflects the current lan for the development of the project. At the time of Mr. Heath's acquisition of the property, there ms a small amount of development on the property. The south east quadrant contained the framing rid partial roofing for a building. The south-west quadrant had foundations, and the north quadrant las vacant. There will be 35 dwelling units and 3 commercial spaces under the current plan. The LC reviewed the building permit, infrastructure, fees paid, and if there was bonding required before =basing the property. As part of this due -diligence process, the LLC reviewed the effect of school ripact fees. Exhibit 1 is the school impact fee ordinance in effect at the time the property was archased by Galloway LLC. When reviewing the ordinance, Mr. Heath noted that the use of "vested APPEAL -2 I plat" in item 2, section. E. Galloway LLC was aware school impact fees were zero at the time of the preliminary plat approval and believed that vesting would result 'in the continuation of this policy, 2 Exhibit 2 notes the minutes of the meeting where the preliminary plat received approval_ Galloway 3 LLC was under the impression that the school impact fees would be zero and resurrected already approved building permits_ After acquiring the property, Galloway LLC discovered that the city had 4 modified the Renton code, and the modification applied retroactively. Exhibit 6 reflects the clarification from Neil Watts in regard to the impact of the city change on the Galloway project. 5 Permit fees were paid under protest from Galloway LLC. Exhibit 7 is a coalescing of the permit fees 6 expected to be paid for school impacts created by a consulting firm working for Galloway LLC. Based on these calculations, the anticipated impact on the project is over 74,000 dollars_ The fees 7 will have a vast negative impact on the financial situation of the project, especially in a difficult market_ 1f Galloway had been aware of these school impact fees, they would have paid less for the project or not pursued it at all. 9 Mr. Abolins argued that for some time, the vested rights doctrine has not applied to school impact 10 fees. Courts have indicated that a developer should expect to be tied to fluctuations in school impact fees. However, a developer has a right to proceed in a manner of certainty under due process. Renton 1 l had enacted ordinances guaranteeing developers the right to school impact fees at the time of plat 12 approval. Exhibit 12 is a staff report from the Renton Planning Division which discussed the changes made under the new ordinance. The report notes that school impact fees should be collected at the 13 time of building permit review for the amount required when preliminary plat approval was given, Galloway had already received plat approval and was vested under city ordinance. An administrative 14 decision, detailed in an email from Neil Watts (exhibit 6), stated that the city was going to apply the new school impact fee ordinance to projects that had already received plat approval. In exhibit 12 15 (page 3), the city acknowledges that the code allows applicant's to be vested to impact fees they 16 received when given preliminary plat approval. Exhibit 13 is additional Planning and Development Committee material which states that applicants can be vested to previous fee schedules. Galloway 17 LLC created an entire cost -analysis based on the presumption they would not be paying any school impact fees. Exhibit 8 is the ordinance that set -forth the vesting principle. Exhibit 9 is the 18 preliminary report to the hearing examiner on the Highlands project which notes, on page 11, Haat the 19 school district would be able to handle additional students from the development Pages 10 and I i of exhibit 10 note the environmental checklist given for the project. The public services section of this 20 checklist states that the project will increase need for public services and gives increased tax -base as the method of paying for services (not school impact fees). 21 22 The hearing examiner questioned Mr. Abolins about the applicability of Graham Neighborhood Ass'n v. F.G. Associates, which recently held that the vested rights doctrine doesn't apply to procedural 23 requirements as opposed to land use controls. The Examiner noted that -Mr. Abolins had acknowledged that the vested rights doctrine doesn't apply to impact fees because they aren't 24 considered land use controls. 25 Garmon Newsom, assistant Renton City Attorney, cross examined Mr. Heath. Mr. Heath stated the 26 property was purchased in March 2010. APPEAL - 3 5 R1 7 9 10 11 12 13 14 15 16 17 18 19 20 1 21 22 l f 23 24 Is 25 26 e. Mr. Newsom argued that the appellant does not have a vested right to the previous school impact fees. Exhibit 8 (a copy of ordinance 4808) does not apply to the Renton School District. There is no reference to Renton, only a reference to the Issaquah School District. Nothing in this section of the code gives provision for vesting under the school district. The appellant cannot prove any form of vesting right based on this ordinance. Mr. Newsom commented that the appellant suggested that they had an expectation of not paying their share of fees_ A vested right must be something more than an expectation. There is no language that benefits the appellant in the ordinance_ The appellant was aware that the code was changing during the period the property was purchased. Mr. Newsom noted that Mr. Heath used the word "assumed" when discussing his belief the school impact fees would be zero. Vesting is limited to zoning, building, or land use control ordinances. Impact fees are not zoning ordinances. He submitted a previous court case which makes clear that impact fees are collected at the time of building permits. Impact fees do not .influen.ce use or division. No guarantee of availability in schools was given to the appellant. There is no vested right provision; for schools under Renton code, so Washington Iaw and city ordinances must be adhered. Accordingly, Renton code provides that school impact fees must be collected at the time of building permit approval. He also noted the case of Abbey Rd v_ Bonney .Lake which rejected the argument of financial cost being too great as a reason not to levy a fee. The case provided that RCW 1927.095(1) is unequivocal and requires a complete building permit application to be submitted in order to receive vesting rights. No vesting protection was entitled to Galloway LLC. In regard to equitable estoppel, Mr_ Newsom testified that the application of equitable estoppels against government is disfavored. He referred to the decision in Dept of Ecology v. George Theodoratus which gave that the courts should be reluctant to find the government equitable estoppel "when public revenues are involved." There is a three-part test to applying equitable estoppels. The appellant has failed to prove that there was any party admission in consistent with the later claim. The appellant has failed to prove that Galloway has relied on a specific act, statement, or admission. A mistaken reading of the code is not the fault of Renton. The appellant has failed to prove there was my type of injury based on reliance on the false beliefs. Paying more money is not considered an njury by the courts. The appellant has not proven that there is any sort of manifest error. The money mill go the Renton School District, not the City_ Making a profit is not the city's concern. Ipon questioning by the hearing examiner in regard to RMC 4-1-160(E)(2), which the Examiner Eoted isn't expressly limited to the Issaquah School District, Mr. Newsom commented that the ppellant has failed to prove this section of the code refers to Renton School District and that Irovisions in other parts of the impact fee ordinance were clearly designed to only apply to impact �es assessed for the Issaquah School District. 'alts Abolins testified that the language of the original ordinance does not restrict itself to a single ;hoof district, Exhibit 6 shows that the city of Renton ,interpreted the ordinance as giving vesting ghts to the Appellant's project in the Issaquah School District_ Neil Watts, director of the ,evelopment Services division, assumed the provision applied to Galloway's project based on his nail sent to the appellant in exhibit 6. Although there have been no previous application of the APPEAL -4 • a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ordinance with a similar nature, the city gave conclusive proof that they were applying the ordinance within the Renton School District: The PIanning Division's discussion of the impact fees in exhibits 12 and 13 is very broad and does not suggest a Iimit to the Issaquah School District. The appellant is aware of how school impact fees work and understands there are fluctuations. A careful due - diligence. process was followed in order to assure the appellant understood the city's interpretation of the ordinance before purchasing the property. The appellant does not just have an expectation; they have an affirmative legislative statement backed up by the Director of Development Services for Renton. In regard to providing additional legislative history, Iver. Newsom stated that he does not see any ambiguity in the ordinance. No specific provision for the Renton School District is made. The ordinance is specific to the Issaquah School District, and Renton School District would not have been able to collect school impact fees under the ordinance as written. Mr. Abolins noted that exhibit 11 discusses RMC 4-1-160 and refers to the Kent School District along with the Issaquah School District. A city official stated in an email that the original ordinance applied to the Galloway project (exhibit 6), knowing that the project fell in the Renton School District. Mr. Newsom testified that Renton is addressing the appellant's decision to rely on the plat approval for vesting rather than the building permit. The plat approval was from 2007. Ordinance 5442 expands to apply to Issaquah and Kent School District, but Renton School District is not included .Page 3 of the ordinance identified Issaquah School District 411 and Kent School District 415. The ordinance reflects the intent of the City Council. There is no vesting for the Renton School District given in the past ordinances. Exhibits At hearing, the Appellant submitted an exhibit notebook consisting of 13 exhibits, all of which were admitted into the record - Findings of Fact Procedural: 1. Appellant. Galloway Heights I, LLC. 2. Hearin . A hearing on the appeal was held on June 13, 2012 at 12:00 pm in the Renton City Council meeting chambers. Substantive: APPEAL -5 . ...... ....... 3 4 5 6 7 1a 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3. Description of Appeal. The Appellant appeals the imposition $32,497.41 in RSD school impact fees levied upon the issuance of building permit CP07293($8,196.63), CP07301($8,201.32), CP07300($8,201.32) and CP07292($7,898.14). All four building permits were issued for single-family homes located in the Galloway at the Highlands subdivision in the RSD. The fees were paid under protest on April 20, 2012. The Appellant asserts that RMC 4-1- 160(E) gave it a vested right to $0 RSD school impact fees when the Galloway preliminary plat was approved and also that the City is barred by equitable estoppel from requiring any RSD school impact fees. 4. Chronology. A_ November 10 1999, Issaquah im act fee first adopted- The Renton City Council first adopted a school impact fee on November 1, 1999 as Ordinance No. 4808, which went into effect on November 10, 1999. Section 4-1-160(A) of the ordinance noted that the ordinance was adopted for the collection of impact fees for the ISD. No other school district was mentioned_ RMC 4-1-160(E)(2) of the ordinance provided that impact fees come due at the time of building permit issuance but the amount must be based upon fee schedules in effect at the time of planned unit development ("PUD") or preliminary plat approval. RMC 4-1-160(E)(2) on its own did not mention the ISD or any other school district. B. March 8, 2007, Galloway preliminary plat approved. The Appellant's subdivision, Galloway at the Highlands, received preliminary plat approval on March 8, 2007. C. March 15 2007• Kent School District added to „impact fee ordinance. The Renton City Council amended Section 4-1-1.60(A) by Ordinance 5263 to provide that the ordinance was adopted to impose impact fees for both the Kent and Issaquah school districts. The definition of "District" was also expanded to include the KSD. The amendment went into effect on March 15, 2007. A whereas clause to the ordinance noted that the City of Renton may annex property within the Kent School District ("KSD")... RMC 4-1- 160(E)(2) was not amended and retained the original wording from Ordinance No. 4808. D. December 23, 2009, first Renton School District impact fee goes into effect. A whereas clause to Ordinance No. 55I4 provides that "until recently the Renton School District has been able to accommodate growth within existing facilities, but currently estimates a need for additional school facilities". Ordinance No. 5514 imposes an impact fee for Renton, apparently for the first tune_ It mends Section 4-1-160(D), note 5, to set impact fee amounts for the RSD_ Ordinance No. 5514 does not amend the definition of "District" to include the RSD or the Section 4-1-160(A) purpose clause to provide that the purpose of the impact fee ordinance is to collect impact fees for the RSD. E. March, 2010; Appellant purchases Galloway property. Linder cross examination during the hearing on this appeal, an officer of the Appellant testified that it purchased the APPEAL -6 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Galloway Heights property in March, 2010_ It is unclear whether the Appellant purchased the property before or after the Ordinance No. 5532 went into effect. F. March 17 2010 RMC 4-1-160 amended. Ordinance No_ 5532, which went into effect on March 17, 2010, amended RMC 4-1-160(E) to provide that impact fees are based upon the amounts in effect when paid at the time of building permit issuance_ A staff report that accompanied the proposed amendment, Ex. 12, acknowledged that RMC 4-1-160(E) applied to RSD impact fees and that basing impact fee amounts upon the schedules in effect at PUD/preliminary plat approval did not effectively mitigate school impacts, "especially the impacts to the Renton School District". G_ May 2, 2012; purpose clauserevisedto include Renton School District. Ordinance No. 5557, which went into effect May 2, 2012, amended Section 4-1-160(A) to provide that the impact fee ordinance was adopted to assess fees for the Issaquah, Kent and Renton school districts_ Up until this point Section 4-1-160(A) did not include the Renton School District. The definition of district was also stricken from the ordinance, so that references is the ordinance to "district" were no longer limited to the ISD and Kent School D]strict. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-1-160(G)(2) provides that an appeal of a school impact fee shall follow the process for the underlying permit action. The underlying permit action in these appeals was approval of the subject building permits. RMC 4-8-080(G) assigns building permit appeals to the hearing examiner for an open record hearing and final decision appealable to the Renton City Council. 2_ Appeal Review Criteria. RMC 4-1-160(G)(1) provides that impact fees may be adjusted if the fees were incorrectly assessed or unusual and unique circumstances render the fees unfair, unjust or unlawful. If the Appellant is correct in its assertion that it has a vested right, protected by due process, to $0 impact fees than the Appellant would qualify for a waiver of the fees imposed by the City since the due process violation would (1) render the fees unfair, unjust and anlawful; or (2) would compel the conclusion that the fees were incorrectly assessed under an interpretation of the impact fee ordinance that is consistent with the vested rights of the Appellant_ 3. Impact fee ordinance did not provide for vesting of RSD impact fee amounts at )re1jmjqgKy plata royal when the Galloway Hei is prelftninM plat was approved. The Appellant argues that RSDs $0 impact fees vested at the time of preliminary plat approval. However, when the 3-alloway preliminary plat was approved the City's impact fee ordinance only governed ISD impact :ees. APPEAL - 7 I The asserted "vesting" provision in effect when Galloway Heights was approved was RMC 4-1- 2 160(E) of Ordinance No. 4808, which provided as follows: 3 E. ASSESSMENT OFIMPACT FEES: 4 1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking development approval from the City 5 for dwelling units located within the District's boundaries where such 6 development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit. 7 2. For a plat or PUD applied for on or after the effective date of Ordinance 4808, the impact fees due on the plat or the PUD shall be assessed and collected from 8 the applicant when the building permit for each dwelling unit is issued, using the 9 fee schedule in effect when the plat or PUD receives preliminary approval.... 10 (emphasis added) 1 I A key point of disagreement between the City and the Appellant is the underlined language above — 12 the City maintains that these impact fees are limited to impact fees assessed for the ISD and the Appellant claims they are any impact fees imposed by the City_ The City's interpretation is the more 13 compelling_ RMC 4-1-160(E)(1) authorizes and requires the City to collect impact fees for ". _ -final plat or P UD approval or the issuance of a- residential building permit.. _" RMC 4-1-160(E)(2) 14 relates back to the range of impact fees authorized by RMC 4-1-160(E)(1) by providing that for those impact fees linked to PUD and preliminary plat approval; they vAill vest at the time of preliminary 1S plat/PUD approval. Subsection 2 is setting the amount to a portion of the impact fees authorized in 16 subsection 1. Unfortunately for the Appellant, subsection 1 limits the authorized range of impact fees to those assessed for "dwelling units located within the District's boundaries"_ RMC 4-1- 17 160(B)(8) of Ordinance No. 4808 defines the "District" as the ISD. Since the impact fee amounts set by subsection 2 only applies to the fees authorized by subsection 1, subsection 2 only applies to ISD 18 impact fees. This interpretation is further corroborated by the purpose clause of Ordinance No. 4808, 19 which provided at RMC 4-1-160(A)' that "the Council adopts this title to assess school impacts for the Issaquah School District_" The purpose clause makes no mention of the RDS. 20 4. Impact fee ordinance amended to set amount of RSD impact fees on those in effect at 21 prelimigM plat approval when RSD impact fees added to impact fee ordinance on December 23, 22 2009_ As noted in the findings of fact, RSD impact fees were first authorized by Ordinance 5514. This authorization included the application of RMC 4-1-160(E)(2), such that for preliminary plats and 23 PVDs the impact fees assessed at building permit issuance were those in effect at the time of 24 preliminary plat/PUD approval if those plat(PUD was approved after November 10, 1999. The impact of Ordinance 5514 on RMC 4-1-160(E)(2) was not immediately apparent. Ordinance 25 5514 only amended RMC 4-1-160(D)(5) to identify the amount the RSD impact fee and RSD 4-1- 26 160(J) to adapt the RSD capital facilities plan. This was the first time RSD impact fees were ever identified in the City's school impact fee ordinance. Notably, Ordinance 5514 did not amend APPEAL -8 I "District" to include the RSD or amend Section 4-1-160(A) to provide that the purpose of the impact fee ordinance was to assess school impact fees for the RSD in addition to impact fees for the KSD 2 and .ISD, despite the fact that the KSD had been added to the "District" definition and 4-1-160(A) 3 when its impact fees were added to the impact fee ordinance via Ordinance No. 5263. 4 Without an amendment to the definition of "District", read literally the City bad no authority to impose the fee since the authority for imposing impact fees was limited to the "District" in RMC 4- 5 1-160(E)(1) as previously discussed in Conclusion of Law No_ 3_ Nonetheless, it is clear that the 6 City Council intended RMC 4-1-160(E)(1) to authorize and require the imposition of RSD impact fees and that the failure to amend "District" and 4-1-160(A) was an oversight. The Council would 7 not have added an impact fee amount for RSD to the impact fee ordinance without intending that the City have the authority to impose it. interpreting Ordinance 5514 as authorizing the imposition of 8 impact fees for the RSD necessarily requires that "District" include the RSD which in turn requires 9 that RMC 4-1-160(E)(2) applied to RSD impact fees. J0 RMC 4-1-160(E)(2) expressly provided that it applied to all preliminary plats/PUDs approved after the effective date of Ordinance No. 4808. The Galloway Heights project was approved after the 11 effective date of Ordinance No. 4808_ Consequently, subsequent to the effective date of Ordinance 12 No_ 5514, all impact fees collected at building permit issuance for Galloway Heights was $0 for as Iong as the Ordinance No_ 5514 amendments remained in effect_ 13 5. Appellant has no vested right in RMC 4-1-160(E)(2). With the conclusions of law l4 above, the key issue in this appeal is whether RMC 4-1-160(E)(2) as adopted by Ordinance No. 4808 created a vested right that under due process cannot be extinguished by subsequent retroactive 15 legislation, in. this case Ordinance No. 5532. If RMC 4-1-160(E)(2) as adopted by Ordinance No. 16 4808 does create a constitutionally protected vested right, then the Appellant would be entitled to a refund of all fees paid as determined in Conclusion of Law No. 2. However, it is concluded as a 17 matter of law that RMC 4-1-160(E)(2) does not create a constitutionally protected vested right. 18 1 As a preliminary matter, it must be noted that it is uncontested by the parties to this appeal that the 19 vested rights doctrine as codified for subdivisions does not apply to impact fees. This issue was resolved in New Castle -Investments, LLC v_ City of La Center, 98 Wn. App_ 224 (1999), which held 20 that RCW 58.17.033 only vests subdivisions to "land use controls" and that impact fees are not land use controls. The Appellant acknowledges at p. 3 of their appeal statement that "[t]here is no 21 question that the City has great flexibility in modifying the fees based on.School District needs." The 22 Appellant distinguishes RMC 4-1-160(E)(2) from the right of the City to vary the amount of the impact fee by noting that the City "expressly created vested rights" in RMC 4-1-160(E)(2). The 23 vesting issue at hand is not whether the City can generally vary impact fee amounts after preliminary plat approval, but rather whether RMC 4-1-160(E)(2) creates a locally adopted vested right that 24 cannot be extinguished by a subsequent amendment. 25 An important similarity between Farm Bureau and the impact fees at .hand are that they both involve, 26 for the most part, taxes. Impact fees are largely treated as taxes by Washington courts. Sundquist APPEAL -9 1 Homes, Inc_ v. County of Snohomish, 276 F. Supp. 1123, 1126 (2003)(" Although the issue has never been decided for all contexts and in all circumstances, when forced to characterize impact fees 2 the state courts have generally treated them as `taxes_ " )_ The mode of levying taxes does not create 3 any vested rights protected by due process. Two cases are instructive on this issue. 4 The first case dealt with retroactive legislation that altered a timing requirement for the collection of taxes. Newman v. Commercial Waterway Dist, No. I of King County, 125 Wash. 577, 582 (1923). 5 In Newman, a state statute authorized the collection of property assessments by waterway districts to 6 retire bonds for waterway improvements. The statute placed time limits on the collection of the assessments and a waterway district failed to meet the deadlines prior to the maturation of some 7 bonds it had issued_ The legislature remedied the situation by amending the applicable statutes to authorize the waterway district to issue new bonds to pay off the matured bonds along with the 8 authority to re -assess benefitted properties to pay off the .newly issued bonds. The new assessments 9 changed the amount and timing of taxes collected for the ianprovements leading to the argument from the property owners that the new assessments violated their vested .tights. The Court disagreed, 10 holding as follows: 11 The method and time of levying the assessment was a matter of remedy rather than a 12 matter of vested right, and when the remedy pointed out failed, no matter whatsoever may have been the cause, it was within the power of the Legislature to provide 13 another. That the state ' may adopt new remedies for the collection of taxes or assessments when those formerly enacted fail of their purpose without any violation 14 of the Constitution, either federal or state, is not a matter of doubt. The taxpayer has no vested right in the existing mode of collecting taxes. There is no contract between 1S him andthe state that the latter will not vary such mode, .and so long as no 16 fundamental right of the taxpayer is invaded he cannot complain of a variation in the mode. 17 125 Wash_ at 582. 18. 19 The second, more recent case, on vested rights in taxation involves the retroactive amendment of an initiative to remove a requirement of voter approval for the raising of state taxes_ Washington State 20 Farm Bureau Federation v. Gregoire, 162 Wn_2d 284 (2007). In Farm Bureau, a state initiative had set a yearly cap on the revenues raised by taxation that could only be exceeded by a vote of the public. 21 In 2006, nitre months after the start of the fiscal year for 2005, the legislature adopted a statute that 22 increased the cap for 2005 without a public vote. The Washington State Farm Federation challenged the amendment to the initiative, arguing in part that the public had a vested right in voter approval of 23 any expenditures that exceeded the cap. The Court agreed that the amendment acted retroactively as to the 2005 fiscal year. It acknowledged that the due process clause prohibits retroactive amendments 24 that interfere with vested rights. 162 Wn2d at 304. However, the Court did not find the cap to 25 qualify as a vested right.. It noted that a vested right, entitled to protection from retroactive legislation, must be something more than a mere expectation based upon an anticipated continuance 26 of the existing law; it must have become a title, legal or equitable, to the present or future enjoyment APPEAL -10 I of property, a demand, or a legal exemption from a demand by another_ Id, The Court also noted that no one has a vested right in any general rule of law or policy of legislation which gives an 2 entitlement to insist that it remain unchanged for one's own benefit_ Id The Court concluded that 3 "Washington voters' statutory "right" to approve taxes that raise revenues in excess of the state expenditure limit is a mere expectation—it is not a.vested right entitled, to due process protections 4 from subsequently enacted legislation." 162 Wn2d at 305. 5 As in Newman and Farm Bureau, the Renton City Council has not altered any vested rights in its 6 amendment of RMC 4-1-160(E)(2) by Ordinance No- 5532. It merely modified the "mode" of collecting taxes by modifying the timing for what impact fee schedule is used to ascertain the 7 amount. As in Newman this change in tinging ultimately affects the amount of the tax collected_ Similarly, the removal of the public vote requirement in, Farm Bureau also may have changed the 8 amount of taxes raised, since the. public may have rejected the increase ultimately adopted by the 9 legislature. If the courts are unwilling to protect the integrity of a cap on taxes created by public initiative, it is unlikely they will find much to honor in a regulation that sets the applicability of an 10 impact fee schedule_ I I The case at hand is distinguishable from Farm ,bureau in that impact fees arguably have a much 12 more burdensome and/or direct impact on property owners than the general tax laws of the state. The burden on the property owner is certainly a valid consideration in assessing the applicability of 13 due process. Presbytery of Seattle v. King County, 114 Wn.2d 320, 330, 787 P.2d 907 (1990). However, the courts have already determined that impact fees generally don't trigger any vested 14 rights protected by the due process clause. See New Castle, supra_ The fact thaf the Ordinance 5532 amendments to RMC 4-1-160(E)(2) changes the timing of how impact fees amounts are to be 15 assessed adds nothing to the due process public/private balancing of interests_ 16 It is also noteworthy that there is no legislative intent evident or assurance made within RMC 4-1- 17 160(E)(2) that the Council created a vested right that could not be altered by subsequent legislative amendment. RMC 4-1-160(E)(2) as adopted in Ordinance No. 4808 was only designed to provide a 18 methodology for assessing impact fees at the time of building permit issuance. When the Appellant 19 contemplated the purchase of the subject property in 2010, it had to base its feasibility analysis with the knowledge that property taxes, real estate excise taxes and all other taxes applicable to its real 20 estate venture could change at any time. The amount of the impact fees, which is essentially another tax, was subject to the same unpredictability. The fact that for a period of less than three months 21 between December 23, 2009 and March 17, 20101 the amount of the RSD impact fees were based 22 upon the fees in place at preliminary plat approval did not create any vested right to prevent that unpredictability. 23 24 1 As outlined in the findings of fact, Ordinance 4808 RMC 4-1-160(EX2) applied to RSD impact fees between 25 December 23, 2009 (when RSD impact fees were added to the impact fee ordinance) and March 17, 2010 (when RMC 4-1-160(E)(2) was amended to provide that impact fees are based upon'the amount in place at building permit 26 issuance)- APPEAL-11 ssuance)- APPEAL-11 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6. Even if a vested right were created by Ordinance 4808 RMC 4-1-160(E)(2), it likely would not_ ap_oy to Appellant. As previously noted, Ordinance 4808 RMC 4-1-160(E)(2) only applied to RSD impact fees for a brief period of time, between December 23, 2009 and March 17, 2010. If this temporary period of time created any vested rights, it is likely that those rights would only apply if the Appellant filed a complete building permit application or acquired PUD approval during that time period. It is clear from the record that the Appellant acquired PUD approval well before December 23, 2009 and there is no evidence to support a finding that any complete building permit applications were filed between December 23, 2009 and March 17, 2010_ Consequently, even if Ordinance 4808 RMC 4-1-160(E)(2) created vested rights, they don't apply to the Appellant_ In the context of land use controls, the courts and the state legislature require the filing of a complete development permit application to trigger vested rights_ The judicial policies underlying this requirement equally apply in the context of any vesting to impact fees. The requirement for a complete permit application to vest land use controls prevents permit speculation by making it too easy to vest and also helps create a'date certain that makes the point in time for vesting predictable, instead of having to inquire into the "moves and countermoves" of the parties. Ernst County Reclamation v. Bjornsen, 125 Wn. 'App. 432, 438 (2005); Graham Neighborhood Assn v. F.G. Associates, 162 Wn. App. 98, 113 (2011). In order to assure the same predictability and to also prevent permit speculation, the vesting of impact fee provisions such as RMC 4-1-I60(E)(2) would also most likely be required by a court to occur upon the filing of a complete development permit application. For RMC 4-1-160(E)(2) that would either have to be the preliminary plat application or building permit application, since those are the two permits within the subsection linked to impact fee amounts. 7. The Examiner has no authority to rule -upon issues concerning equitable estoppel_ In its appeal statement the Appellant also argues equitable estoppel. The Hearing Examiner does not have the authority to rule upon equitable estoppel claims. Chaussee v. Snohomish County Council, 38 Wn. App. 630 (1984)(hearing examiner has no authority to consider equitable estoppel defense because the examiner was not given this authority by ordinance or statute). Chaussee may be distinguishable on the basis that the broad "fairness" standards of review for impact fee appeals encompass the broad fairness considerations involved in principles of equitable estoppel. However, equitable estoppel often involves some highly fact specific issues that the fact finding apparatus of ,eviewing courts are more suited to review. Unless and until the courts authorize Examiners to :onsider equitable estoppel claims in cases similar to the appeal at bar, the Examiner will decline to assume jurisdiction on that issue- APPEAL-12 ssue_ APPEAL-12 • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 DECISION The appeal is denied. The imposition of $32,497.41 in school impact fees is sustained.. DATED this 9h day of July, 2012. 4si Phil 01hrechts (Signed original in officialfile) Phil A_ Olbrechts City of Renton Hearing Examiner Appeal Right Appeals of the Hearing Examiner decision are heard in a closed record hearing by the City Council. Any such appeal shall be made in writing and filed with the City Clerk's office, together with the applicable appeal fee, within fourteen (14) days of the Examiner's final decision Change in Valuation Notice is given pursuant to RCW 36.7013.130 that property owners who are affected by this decision may regt3est a change in valuation for property tax purposes notwithstanding any program of revaluation. APPEAL -13 Campbell, Dire, Barnett 8� Smith, RL.L.C. mom_.. Attorneys at Law X.bm D. Camp" (L%16-200) 317 SOUTH NIFRIDLAIN I P.O. BOX 488 1 PUYALLT,'P WASN]NGTON 98371-0164 TELEPHONE: (253) 848-3513 PAX: (253) 845-4941 SENDER'S E -MAUL: TalisAQedb-law.eom WEBSITE: www.edh-law.Com July 19, 2012 Renton City Council, c/o Ronnie L Walton, City Clerk City of Renton 1055 South Grady Way Renton, WA 98057 ATTORNEYS C"OFRENTON ROBERT D. CAMPBELL (I 9M -20W) TAUS M. ABOLINS JUL 2 0 2012 HOLLIS H.BARNETT, P.S.* SrEPHF:N A. BURNHAM RECEIVED BRYCE K DLLL.E, P.S. CITY CLERK'S OFFICE HILLARY A.HOLMESd !J)Q— ke_ 1 iucd SHANNON IL JONES DEBORAH A. PURCE13, DANIEL W. SM1 7-1 JIaLMY M. SWANN * OF coo:msm. ESCROW DEPARTMENT SUSAN BOAT. LPO Re: NOTICE OF APPEAL OF HEARING EXAMINER'S DECISION DATED �11/_ll'L�►�fji_�IC/lIl►:l aii7�la'i�C�]�'LAIfrY-t+>�C�1�1�`(�1%A Galloway at the Highlands City of Renton -- NE 3`d Place —Lots 9, 10, 11, 12 Building Permits: CP07293 (Parcel 2690100090) CP07301 EParcel 2690100100) CP07300 (Parcel 2690 100110) CP07292 (Parcel 2690100120) Dear Honorable Members of the City Council: My client, Galloway Heights I, LLC, hereby appeals the Hearing Examiner's decision on the imposition of school impact fees in connection with building permits issued on the Galloway at the Highlands project, including the currently issued Building Permits 7293, 7301, 7300 & 7292. With this correspondence we are submitting the $250.00 appeal fee for an appeal of a Hearing Officer decision to the City Council pursuant to RMC 4-8-11 OE(S) and I l OF. This is the first set of Galloway permits being appealed. The hearing on this first set of permits was held on June 19, 2012, pursuant to RMC 4-8-084(C). Background. Galloway Heights I, LLC (Galloway), is a small business owned by two families. They formed the business to investigate the possible acquisition and completion of a blighted and unsightly property within the City of Renton. This highly visible property was in a state of disrepair, and was mired in receivership. Galloway conducted a thorough due diligence of the project, and carefully reviewed Renton's business friendly code provisions. Galloway also CarnpbelL DMcf Barnett & South, IIJ-1-C- I A YROFESSIONAi,LTAI= J- A13TLTIY CO?,fPANY INCL; IDING A PROITSSIQNALSPJIv)cT (01iPQRA'17ON A Renton City Council Appeal by Galloway Heights July 19, 2012 Page -2- met with City officials regarding the status of the project. Based on this information Galloway successfully negotiated a purchase of the property and, at great expense, have proceeded to convert it from an eyesore into an attractive residential development within the City's limits. Galloway's appeal arises from the hearing examiner's decision on the application of City of Renton's Ordinance 4.1.160E(2) to the Galloway Heights project. During the due diligence process the Galloway project was subject to a unique and business friendly ordinance adopted by this Council. Section 160(E)(2) was clearly designed to provide certainty and encouragement for those businesses looking to develop within the City of Renton. This provision unambiguously established a vested right to the fee schedule in effect at the time of preliminary approval for a project: For a plat or PUD applied for on or after the effective date of Ordinance 4808, the impact fees due on the plat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUD receives preliminary approval. City of Renton Municipal Code, 4.1.160E(2) (emphasis supplied, as amended through Ord. 5442, 1-12-2009). 'Me Galloway project received preliminary approval on March 8, 2007. At the time of acquisition, Galloway understood that RMC 4.1.160E(2) was still the City's "law" with respect to school impact fees for the Galloway project. See also RMC 4-1-160(A) (RMC 4.1.160 governs school impact fees throughout the City). At that point in time there were no school impact fees in effect for the Renton School District. Before acquisition of the property, representatives of Galloway Heights I, LLC specifically reviewed Section E(2) of the City's Ordinance and the impact fee schedule as a part of the due diligence process_ In fact, it was a City official (Craig Brunell) who specifically pointed out the protections of this vesting provision in a meeting with Mike Bauer, who was helping with Galloway's due diligence process_ At that point in time, the City's officials recognized and interpreted RMC 4.1.160E(2) as the governing law with respect to the Galloway project. The City's vesting language in E(2) created a clear, unambiguous right to rely upon the fee schedule in effect at the time of preliminary approval. This legal protection helped convince my client to invest its limited funds to acquire and revive the blighted development, which had ground to a halt_ Cambell, I:Q� Bane & SCV6k P.LLG I APROFEMONALIiHff CD r T nun rry G()1 1PANS°oars ��m3c A s5io yt s[��: cr Poan a Renton City Council Appeal by Galloway Heights July 19, 2012 Page -3- On or .about March 17, 2010, the City amended subsection E(2) with Ordinance 5532. The amendment removed the pre-existing vesting language. Under the amendment, school impact fees would be assessed and collected from the lot owner "at the time the building permits are issued, using the fee schedule than in effect." RMC 4.1.160E(2) (as amended by Ordinance 5532). Galloway has no problem with a reasonable prospective application of this ordinance, which logically applied to applications for preliminary plat approvals submitted after its effective date. However, the hearing examiner ultimately decided that the modified Section E(2) would be applied retroactively, to the Galloway project — to the tune of more than $75,000 in impact fees. This retroactive interpretation has a dramatic and unanticipated financial impact on the Galloway project and its owners. For Galloway, a retroactive interpretation destroys the fee structure originally mandated by Section 2(E), and in doing so, the retroactive interpretation also destroys the Galloway project budget. This appeal is based on the clear and substantial errors of law created if the amendment is applied retroactively to the Galloway's vested project. Substantial Errors of Law. The Hearing Examiner's retroactive interpretation and application of the ordinance creates clear and substantial errors of law that are fundamentally unfair and are arbitrary and capricious. The applicant is a small business which reasonably assumed that the City ordinance meant what it said. Galloway relied on the City's Iaws which include an unqualified guarantee vesting the project to a specific impact fee schedule. Galloway relied on this legal provision and moved forward on a major investment and challenge. The applicant acquired an unsightly and blighted project within the City, and they have invested hard earned family resources to try and complete the development in an attractive and code compliant residential development, during a time of economic recession. For multiple reasons, the hearing examiner's decision erroneously concluded that it was proper to apply a retroactive repeal of the City's legal guarantee, and apply a new ordinance to the old project in a manner that destroys the financial success of the Galloway's entire operation. The Amendment To 160(E)(2) Should Be Prospective, Not Retroactive. As a matter of plain language and logic, the original section 160(E)(2) applied to the Galloway project, and vested that project to an impact fee schedule of "zero". Even the hearing examiner ultimately agreed that impact fees within Renton School District were "zero" between December 29, 2009 (when Renton impact fees were added) and March 17, 2010 (when the 160(E)(2) plat approval language was repealed)_ Decision, pp. 7-9. Moreover, City officials including the Director of Development Services himself indicated that the ordinance had originally vested the Galloway project. Thus, the City's own interpretation contradicts that portion of the hearing examiner's complex interpretation which suggests that section 160(E)(2) was limited to Renton School C KDI4Bamett&Smrtd3,P.L.LC I n?Ra-MSION T UMnM[)I-LsBaMOC)NTANY OIDNcAYROFZsgICNAISER'�71a;crRPorLnn[N Renton City Council Appeal by Galloway Heights July 19, 2012 Page -4- District plats applied for after December 23, 2009. The hearing examiner's limited interpretation is also contradicted by the express language of 160(E)(2). The City's ordinance unequivocally stated that the impact fees were vested for all plats applied for after the effective date of Ordinance 4808 (November 10, 1999). Sleasman v. City of LaceL 159 Wn.2d 639, 646, 151 P.3d 990 (2007) (holding that full effect must be given to the language of an ordinance, with no part rendered meaningless or superfluous). This included the Galloway project. The hearing examiner's interpretation of the ordinance also presents a clear violation of the principle against retroactive application of ordinances. State v. Malone, 9 Wn. App. 122, 131, 511 P.2d 67 (1973) (retroactive application is disfavored by law). It is well settled that, absent a legislative expression to the contrary, a law is presumed to apply prospectively only. The language of the ordinance cannot be reasonably interpreted to effect a retroactive repeal of the original language, which expressly created vested rights. There is no dispute that this amendment was not remedial. Rather than a clarification, the amendment created a dramatic and substantive change in a legal promise that applied to specific projects. To apply this change in the law retroactively is an unreasonable and unlawful interpretation of the City's laws. A Retroactive Repeal of the Vesting Lave Is Unconstitutional. In addition, a retroactive repeal of this substantive vesting language raises serious constitutional problems, exposing the City to liability for any project that received preliminary approval under the original Section 2(E). Washington courts recognize that, as a matter of due process, Iand owners are entitled to rely upon a municipality's fixed rules governing land development. Valley View Industrial Parksy. City of Redmond, 107 Wn.2d 621 (1987), citing West Main Associatesy. City of Bellevue, 106 Wn.2d 47, 720 P.2d 782 (1986). To satisfy due process standards, a new ordinance must aim to achieve a legitimate public purpose, and "the means to use and achieve that purpose must be reasonably necessary and not unduly oppressive upon individuals." West Main Associates, 106 Wn.2d at 52. Once created, vested rights are entitled to protection. See Lincoln Shiloh Associates, Ltd. v. Mykilteo Water Dist., 45 Wn. App. 123, 127, 724 P.2d 1083) (citation omitted). The Hearing Examiner has supported its decision with authorities such as New Castle and RCW 58.17.033, which address vesting under the Revised Code of Washington„ However, the Galloway appeal does not take issue with the City's decision to increase impact fees under RCW 58.17.033. There is no question that the City has great flexibility in modifying the fees based on School District needs. The problem here is the City's retroactive application of Ordinance 5532 to projects that were legally vested under the City's own unique vesting laws_ Section 2(E) G'mVbek DiHe, Barrett & S=h, P.LLG I n PROFMONALLl2 = r LAnr m= coWnrn• meas NG n P F oON A L-aMVIC2 a3i RATioN Renton City Council Appeal by Galloway Heights July 19, 2012 Page -5- expressly granted projects the legal right to pay those impact fees in effect at the time of preliminary approval. Prospectively, this is not a problem. Retroactively, the interpretation violates Galloway's rights under the common law and the constitution. This decision also requires modification based on the statutory "fairness" standard which governs impact fee appeals in Renton. RCW 82.02.070 ("The impact fee may be modified upon a determination that it is proper to do so based on principles of fairness."). The hearing examiner also suggests that the original 160(E)(2) only created a "mere expectancy" or "guideline", similar to a "mode" of tax collection. See Decision, pp. 9-I1. Again, the plain language of the ordinance intentionally creates a vested right, without qualification. This appeal involves much more than a developer's mere expectation to a fee schedule or guideline on taxes. This appeal involves a City ordinance that 'expressly grants developers a vested right to the fee schedule in effect at plat approval. State and local laws can and do create vested property rights; the unique ordinance in this case does not use loose language of "guidelines" or procedure, but instead vested the Galloway project to the fee schedule in effect at the time of plat application. The language in 160(E)(2) could only have meant what it says — it is unqualified and specific, and was reasonably relied on by the developers in this case in a manner that clearly satisfies the standard for vesting of rights under the constitution and common law. Equitable Estoppel. Galloway also appeals on the ground that a retroactive repeal of subsection 2(E) would be barred by equitable estoppel. Equitable estoppel prevents municipalities from adopting inconsistent positions in a manner that damages those who rely on the first position. See Lincoln, 45 Wn. App. at 1330. Galloway Heights 1, LLC relied upon the City's language in Section 2(E) — the language was unambiguous at the time of application. While the City properly amended Section 2(E) prospectively, a retroactive application of the amendment is a fundamentally inconsistent statement depriving the owners of more than $75,000 needed elsewhere for the project. This damaging adoption of an inconsistent ordinance is subject to relief under a claim of equitable estoppel. The hearing examiner decided that he could not decide the equitable estoppel argument, and indicated that this issue would need to be resolved by the superior court. Decision, p. 12. However, this Council is in a position to avoid the need for litigation of the equitable estoppel issue by issuing a ruling to correct the fundamentally unfair situation where a local developer is saddled with over $70,000 in impact fees that the City originally guaranteed would not apply. C rbe�DU]e,Bamett&5mid3Pd_LC- 1 nra[ aau.UM=UnsUIYM ANYNaIJDNGAprtoFF,�onru,sEIZvnaCo pCnA-Do_N Renton City Council Appeal by Galloway Heights July 19, 2012 Page -6- Based on the foregoing, Galloway respectfully appeals the Hearing Examiner's decision approving the retroactive imposition of more than $70,000 in school impact fees on its project. We appreciate this important opportunity to seek review and correction of this decision. Very truly yours, CAMPBEL DILLE, BARNETT & SMITH, P.L.L-C. Talis M. Abolins TMA/mal Cc: Client I ADATA%MHH$1M1Bartels, 7onathan%Cra[loway at the Highlands - School Impact Fees 22827.0091CCity of Renton 4-13.12.docx CampK I3iEe, P3mett& Snuth, PLLC- nrac r. Sow t ranur r inBnrn c� �A aimn icnPrza ss�o uu s xytF colo owti nary Denis Law Mayor Juiy 9, 2012 Talis Abolins Campbell, Dille, Barnett & Smith, PLIC 317 South Meridian P.O. Box 488 Puyallup, WA 98371 Re: Decision for Galloway at the Highlands Building Permits 7293, 7301, 7300 & 7291 City of k City Cleric - Bonnie i, Walton JUL 112012 Dear Mr. Abolins: Attached is your copy of the Hearing Examiner's Decision dated July 9, 2012, in the above - referenced matter. If I can provide further information, please feel free to contact me. Sincerely, Bonnie I. Walton City Clerk Enc.: Hearing Examiner's Decision cc: Hearing Examiner Larry Warren, City Attorney Garmon Newsom, Assistant City Attorney Jennifer Henning, Current Planning Manager Neil Watts, Development Service Director Stacy Tucker, Development Service_ s Parties of Record (3) 1055 South Grady Way . Renton, Washington 98057. (425)430-65101 Fax (425)430-651'6 • rentonwa.gov 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON } RE: Galloway at the Highlands ) Appeal ) ) APPEAL OF IMPACT FEE ASSESSMENT Summary The Appellant appeals the imposition of school impact fees for the construction of four single-family homes, totaling $32,497.41 The -appeal is denied and the imposition of S 32,497.41 in school impact fees is sustained. The key issue of this appeal is whether an ordinance assessing impact fees at building permit issuance based upon amounts in effect at the time of subdivision approval creates constitutionally protected vested rights that cannot be extinguished or modified by subsequent amendment. No such vested right was created in this case and no fee adjustment is warranted. The Appellant appeals the imposition of impact fees for the Renton School District ("RSD") for building permits issued for development of single-family homes in the Galloway of the Highlands subdivision_ When the subdivision was approved on March 29, 2007, there was no RSD impact fee_ At that time the City's impact fee only assessed and only applied to impact fees collected for the Issaquah School District ("ISD"). RMC 4-1-160(E) provided that impact fees came due at building permit issuance but that the amount of the fee would be based upon the "fee schedule in effect when the plat or PUD receives preliminary approval." The definitions and purpose clause of the ordinance clearly provided that the impact fee ordinance was to exclusively apply to ISD fees, including RCW 4-1-160(E). Consequently, when the Galloway preliminary plat was approved, the impact fee ordinance did not dictate that any future RSD impact fees would be based upon impact fee schedules n effect at preliminary plat approval. Subsequent to the approval of the Galloway preliminary plat, for a brief period of time the Renton 21 City Council did amend the impact fee ordinance to provide that the RSD impact fee amounts in effect at preliminary plat approval (0$) would apply for impact fees that came due at building permit 22 issuance. On December 23, 2009 the Renton City Council added RSD impact fees to its impact fee 23 ordinance. The definitions and purpose clause of the impact fee ordinance were not revised to include the RSD and its fees, but this was clearly an oversight and the only rational way to apply the 24 amendment as intended was to a 1 alIrovisns io f t11,, f 25 26 pp y p o e impact ee ordinance to RSD fees, including RMC 4-1-160(E). RMC 4-1-160(E) also happened to provide that it applied to any preliminary plats approved after the effective date of Ordinance 4805. Ordinance 4808 went into effect on November 10, 1999. The Galloway preliminary plat was approved after November 10, 1999_ ConsequeentIy, when the impact fee ordinance was amended on December 23, 2009 to include APPEAL -I 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 81 25 1 26 i I RSD impact fees, the RSD impact fees for the Galloway development due at building permit issuance were based upon the adopted amounts in effect when the Galloway preliminary plat was approved, which was $0. The Appellant purchased the Galloway development on March 10, 2010 while the December 23, 2009 amendments remained in effect and testified that he purchased the property in reliance upon the fact that the RSD impact fees would be $0. On March 17, 2010, the Renton City Council amended RMC 4-1-160(E) to provide that the amount for an impact fee charged at building permit issuance was to be based upon the fee schedules in effect at the time of building permit issuance, instead of the fees in effect at the time of preliminary plat approval. If the December 23, 2009 amendments of RMC 4-1- 160(E)constitute a constitutionally protected vested right to the $0 RSD impact fee, the Council would have been precluded from amending RMC 4-1-160(E) to provide for a higher amount. However, RMC 4-1-16(E) doesn't create any .such vested rights. Rather it just creates an expectancy that is most analogous to an adopted "mode" of tax collection that provides guidelines on what impact fee schedules apply when amounts come due at the time of building permit issuance. Those guidelines were amended on March 17, 2010 and the RSD impact fees for any building permits issued after that date must be based upon impact fee schedules in effect at the time of building permit issuance. Testimony Talis Abolins testified that the appellant is asking for the reversal of a retroactive repeal of a provision in the city of Renton's code which had expressly granted Galloway LLC the right to the fee schedule in place when the preliminary plat received approval. The approval was received on March 28, 2007. At that point in time, the school fees in affect were zero dollars. Renton indicated that school fee impacts would be mitigated by an increase in the city's tax -base. However, after the appellant purchased the vested Highlands project, the city retroactively repealed the ordinance, resulting in a substantial financial impact. The appellant is asking for reversal based on due process, fairness, and RCW 82.02.070 which provides that a city must give an appeal process which allows a fee to be modified based on principles of fairness_ Greg Heath, 2214 Tacoma Road., stated that he has been involved in real estate development for a number of years. He has participated in around 10-12 development projects. There are 4 members of he Galloway LLC including Mr. Heath, his wife, Jonathan Arnold, and Kris Arnold. The LLC was Formed to purchase the property and complete the building project. Galloway purchased the property hrough a bankruptcy process from a receiver. Exhibit 4 is a landscape plan and reflects the current )Ian for the development of the project_ At the time of Mr. Heath's acquisition of the property, there vas a small amount of development on the property. The south east quadrant contained the framing end partial roofing for a building_ The south-west quadrant had foundations, and the north quadrant vas vacant. There will be 35 dwelling units and 3 commercial spaces under the current plan. The ,LC reviewed the building permit, infrastructure, fees paid, and if there was bonding required before purchasing the property. As part of this due -diligence process, the LLC reviewed the effect of school mpact fees. Exhibit 1 is the school impact fee ordinance in effect at the time the property was urchased by Galloway LLC. When reviewing the ordinance, Mr. Heath noted that the use of `vested APPEAL -2 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 plat' in item 2, section E. Galloway LLC was aware school impact fees were zero at the time of the preliminary plat approval and believed that vesting would result in the continuation of this policy. Exhibit 2 notes the minutes of the meeting where the preliminary plat received approval. Galloway LLC was under the impression that the school impact fees would be zero and resurrected already approved building permits. After acquiring the property, Galloway LLC discovered that the city had modified the Renton code, and the modification applied retroactively. Exhibit 6 reflects the clarification from Neil Watts in regard to the impact of the city change on the Galloway project Permit fees were paid under protest from Galloway LLC. Exhibit 7 is a coalescing of the permit fees expected to be paid for school impacts created by a consulting firm working for Galloway LLC. Based on these calculations, the anticipated impact on the project is over 74,000 dollars. The fees will have a vast negative impact on the financial situation of the project, especially in a difficult market. if Galloway had been aware of these school impact fees, they would have paid less for the project or not pursued it at all. Mr. Abolins argued that for some time, the vested rights doctrine has not applied to school impact fees. Courts have indicated that a developer should expect to be tied to fluctuations in school impact fees. However, a developer has a right to proceed in a manner of certainty under due process. Renton had enacted ordinances guaranteeing developers the right to school impact fees at the time of plat approval. Exhibit 12 is a staff report from the Renton PIanning Division which discussed the changes made under the new ordinance. The report notes that school impact fees should be collected at the time of building permit review for the amount required when preliminary plat approval was given. Galloway had already received plat approval and was vested under city ordinance. An administrative decision., detailed in an email from Neil Watts (exhibit 6), stated that the city was going to apply the new school impact fee ordinance to projects that had already received plat approval. In exhibit 12 (page 3), the city acknowledges that the code allows applicant's to be vested to impact fees they received when given preliminary plat approval. Exhibit 13 is additional Planning and Development Committee material which states that applicants can be vested to previous fee schedules. Galloway LLC created an entire cost -analysis based on the presumption they would not be paying any school impact fees. Exhibit 8 is the ordinance that set -forth the vesting principle. Exhibit 9 is the preliminary report to the hearing examiner on the Highlands project which notes, on page 11, that the school district would be able to handle additional students from the development. Pages 10 and 11 of exhibit 10 note the environmental checklist given for the project. The public services section of this checklist states that the ,project will increase need for public services and gives increased tax -base as the method of paying for services (not school impact fees). The hearing examiner questioned Mr. Abolins about the applicability of Graham Neighborhood Assn r. F.G. Associates, which recently held that the vested rights doctrine doesn't apply to procedural requirements as opposed to land use controls. The Examiner noted that Mr. Abolins had acknowledged that the vested rights doctrine doesn't apply to impact fees because they aren't :onsidered land use controls. sarmon Newsom, assistant Renton City Attorney, cross examined Mr. Heath. Mr. Heath stated the )roperty was purchased in March 2010. APPEAL -3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V Mr. Newsom argued that the appellant does not have a vested right to the previous school impact fees. Exhibit 8 (a copy of ordinance 4808) does not apply.to the Renton School District. There is no reference to Renton, only a reference to the Issaquah School District. Nothing in this section of the code gives provision for vesting under the school district. The appellant cannot prove any form of vesting right based on this ordinance. Mx. Newsom commented that the appellant suggested that they had an expectation of not paying their share of fees. A vested right must be something more than an expectation. There is no language that benefits the appellant in the ordinance. The appellant was aware that the code was changing during the period the property was purchased. Mr. Newsom rooted that Mr. Heath used the word "assumed" when, discussing his belief the school impact fees would be zero. Vesting is limited to zoning, building, or land use control ordinances. Impact fees are not zoning ordinances. He submitted a previous court case which makes clear that impact fees are collected. at the time of building permits. Impact fees do not influence use or division. No guarantee of availability in schools was given to the appellant_ There is no vested right provision for schools under Renton code, so Washington law and city ordinances must be adhered. Accordingly, Renton code provides that school impact fees must be collected at the time of building permit approval. He also noted the case of Abbey Rd. v. Bonney Lake which rejected the argument of financial cost being too great as a reason not to levy a fee. The case provided that RCW 1927.095(1) is unequivocal and requires a complete building permit application to be submitted in order to receive vesting rights. No vesting protection was entitled to Galloway LLC. In regard to equitable estoppel, Mr. Newsom testified that the application of equitable estoppels against government is disfavored. He referred to the decision in Dept of Ecology v. George Theodoratus which gave that the courts should be reluctant to find the government equitable estoppel "when public revenues are involved." There is a three-part test to applying equitable estoppels. The appellant has failed to prove that there was any party admission in consistent with the later claim. The appellant has failed to prove that Galloway has relied on a specific act, statement, or admission. A mistaken reading of the code is not the fault of Renton. The appellant has failed to prove there was any type of injury based on reliance on the false beliefs. Paying more money is not considered an injury by the courts. The appellant has not proven that there is any sort of manifest error. The money will go the Renton School District, not the City. Making a profit is not the city's concern. Upon questioning by the hearing examiner in regard to RMC 4-1-160(E)(2), which the Examiner noted isn't expressly limited to the Issaquah School District, Mr. Newsom commented that the appellant has failed to prove this section of the code refers to Renton School District and that provisions in other parts of the impact fee ordinance were clearly designed to only apply to impact fees assessed for the Issaquah School District. [alis Abolins testified that the language of the original ordinance does not restrict itself to a single school district. Exhibit 6 shows that the city of Renton interpreted the ordinance as giving vesting ights to the Appellant's project in the Issaquah School District. Neil Watts, director of the )evelopment Services division, assumed the provision applied to Galloway's project based on his !mail sent to the appellant in exhibit 6. Although there have been no previous application of the APPEAL - 4 1 2 3 4 5 6 7 8 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ordinance with a similar nature, the city gave conclusive proof that they were applying the ordinance within the Renton School District: The Planning Division's discussion of the impact ;Fees in exhibits 12 and 13 is very broad and does not suggest a limit to the Issaquah School District. The appellant is aware of how school impact fees work and understands there are fluctuations. A careful due - diligence. process was followed in order to assure the appellant understood the city's interpretation of the ordinance before purchasing the property. The appellant does not just have an expectation; they have an affirmative legislative statement backed up by the Director of Development Services for Renton. Ln regard to providing additional legislative history, Mr_ Newsom stated that he does not see any ambiguity in the ordinance. No specific provision for the Renton School District is made. The ordinance is specific to the Issaquah School District, and Renton School District would not have been able to collect school impact fees under the ordinance as written. Mr. AboIins noted that exhibit 11 discusses RMC 4-1-160 and refers to the Kent School District along with the Issaquah School District. A city official stated in an email that the original ordinance applied to the Galloway project (exhibit 6), knowing that the project fell in the Renton School District. Mr. Newsom testified that Renton is addressing the appellant's decision to rely on the plat approval for vesting rather than the building permit. The plat approval was from 2007. Ordinance 5442 expands to apply to Issaquah and Kent School District, but Renton School District is not included. Page 3 of the ordinance identified Issaquah School District 411 and Kent School District 415. The ordinance reflects the intent of the City Council. There is no vesting for the Renton School District given in the past ordinances. Exhibits At hearing, the Appellant submitted an exhibit notebook consisting of 13 exhibits, all of which were admitted into the record_ Findings of Fact Procedural: 1. AMellant Galloway Heights I, LLC, 2. Hearing. A hearing on the appeal was held on June 13, 2012 at 12:00 pm in the Renton City Council meeting chambers_ Substantive: APPEAL -5 1 3. Description of Appeal. The Appellant appeals the imposition $32,497.41 in RSD school 2 impact fees levied upon the issuance of building permit CP07293($8,196.63), CP07301($8,20132), CP07300($8,201.32) and CP07292($7,898.14). All four building permits 3 were issued for single-family homes located in the Galloway at the Highlands subdivision in the RSD. The fees were paid under protest on April 20, 2012. The Appellant asserts that RMC 4-1- 4 160(E) gave it a vested right to $0 RSD school impact fees when the Galloway preliminary plat was approved and also that the City is barred by equitable estoppel from requiring any RSD school 5 impact fees. 6 4. Chronology. 7 A. November 10, 1999; Issaquah impact fee first adopted. The Renton City Council first 8 adopted a school impact fee on November 1, 1999 as Ordinance No. 4808, which went 9 into effect on November 10, 1999. Section 4-1-160(A) of the ordinance noted that the ordinance was adopted for the collection of impact fees for the ISD. No other school 10 district was mentioned. RMC 4-1-160(E)(2) of the ordinance provided that impact fees come due at the time of building permit issuance but the amount must be based upon fee I I schedules in effect at the time of planned unit development ("PUD") or preliminary plat 12 approval. RMC 4-1-160(E)(2) on its own did not mention the ISD or any other school district. 13 B. March 8, 2007; Galloway nrelirniriary plat approved_ The Appellant's subdivision, 14 Galloway at the Highlands, received preliminary plat approval on March 8, 2007. 15 C. March 15, 2007, Kent School District added to impact fee ordinance. The Renton City 16 Council amended Section 4-1-1.60(A) by Ordinance 5263 to provide that the ordinance was adopted to impose impact fees for both the Kent and Issaquah school districts. The 17 definition of "District" was also expanded to include the KSD. The amendment went into effect on March 15, 2007_ A whereas clause to the ordinance noted that the City of 18 Renton may annex property within the Kent School District (TSD"). RMC 4-1- 19 160(E)(2) was not amended and retained the original wording from Ordinance No. 4808. 20 D. December 23, 2009; first Renton School _District impact fee goes into effect_ A whereas clause to Ordinance No_ 5514 provides that `until recently the Renton School District 21 has been able to accommodate growth within existing facilities, but currently estimates a 22 need for additional school facilities". Ordinance No. 5514 imposes an impact fee for Renton, apparently for the first time. It arpends Section. 4-1-160(D), note 5, to set impact 23 fee amounts for the RSD. Ordinance No. 5514 does not amend the definition of "District" to include the RSD or the Section 4-1-160(A) purpose clause to provide that 24 the purpose of the impact fee ordinance is to collect impact fees for the RSD. 25 E. March, 2010, Appellant purchases Gallaway property. Under cross examination during 26 the hearing on this appeal, an officer of the Appellant testified that it purchased the APPEAL -6 2 3 4 5 6 7 S 9 10 11 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 26 Galloway Heights property in March, 2010. It is unclear whether the Appellant purchased the property before or after the Ordinance No. 5532 went into effect. F. March 17, 2010, RMC 4-1-160(E) amended. Ordinance No. 5532, which went into effect on March 17, 2010, amended RMC 4-1-160(E) to provide that impact fees are based upon the amounts in effect when paid at the time of building permit issuance. A staff report that accompanied the proposed amendment, Ex. 12, acknowledged that RMC 4-1-160(E) applied to RSD impact fees and that basing impact fee amounts upon the schedules in effect at PUD/preliminary plat approval did not effectively mitigate school impacts, "especially the impacts to the Renton School District". G. May 2 2012 ose clause revised to include Renton School District. Ordinance No. 5657, which went into effect May 2, 2012, amended Section 4-1-160(A) to provide that the impact fee ordinance was adopted to assess fees for the Issaquah, Kent and Renton school districts. Up until this point Section 4-1-160(A) did not include the Renton School District The definition of district was also stricken from the ordinance, so that references in the ordinance to "district" were no longer limited to the ISD and Kent School District. Conclusions of Law Procedural: I. Authority of Hearing -Examiner. RMC 4-1-160(G)(2) provides that an appeal of a school impact fee shall follow the process for the underlying permit action. The underlying permit action in these appeals was approval of the subject building permits_ RMC 4-8-080(G) assigns building permit appeals to the hearing examiner for an open record hearing and final decision appealable to the Renton City Council. 2. AppLal Review Criteria. RMC 4-1-160(G)(I) provides that impact fees may be adjusted if the fees were incorrectly assessed or unusual and unique circumstances render the fees unfair, unjust or unlawful. If the Appellant is correct in its assertion that it has a vested right, protected by due process, to $0 impact fees than the Appellant would qualify for a waiver of the fees imposed by the City since the due process violation would (1) render the fees unfair, unjust and unlawful; or (2) would compel the conclusion that the fees were incorrectly assessed under an atterpretation of the impact fee ordinance that is consistent with the vested rights of the Appellant. 3. Impact fee ordinance did not provide for yestinp, of RSD impact fee amounts at 3reliminary plat approval when the Galloway Heights prelixrrinarti plat was approved. The Appellant agues that RSDS $0 impact fees vested at the time of preliminary plat approval. However, when the Talloway preliminary plat was approved the City's impact fee ordinance only governed ISD impact ees. APPEAL - 7 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The asserted "vesting" provision in effect when Galloway Heights was approved was RMC 4-1- 160(E) of Ordinance No. 4808, which provided as follows: E. ASSESSMENT OF IMPACT FEES.• L The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking development approval from the City for dwelling units located within the District's boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit. 2. For a plat or PUD applied for on or after the effective date of Ordinance 4808, the impact fees due on the pLat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUD receives preliminary approval.— (emphasis . (emphasis added) A key point of disagreement between the City and the Appellant is the underlined language above — the City maintains that these impact fees are limited to impact fees assessed for the ISD and the Appellant claims they are any impact fees imposed by the City. The City's interpretation is the more compelling_ RMC 4-1-160(E)(1) authorizes and requires the City to collect impact fees for "...final plat or PUD approval or the issuance of a- residential building permit..." RMC 4-1-160(E)(2) relates back to the range of impact fees authorized by RMC 4-1-160(E)(1) by providing that for arose impact fees Iinked to PUD and preliminary plat approval, they will vest at the time of preliminary plat/PUD approval. Subsection 2 is setting the amount to a portion of the impact fees authorized in subsection 1. Unfortunately for the Appellant, subsection I limits the authorized range of impact fees to those assessed fof "dwelling units located within the District's boundaries". RMC 4-1- 160(B)(8) of Ordinance No. 4808 defines the "District" as the ISD_ Since the impact fee amounts set by subsection 2 only applies to the fees authorized by subsection 1, subsection 2 only applies to ISD impact fees. This interpretation is further corroborated by the purpose clause of Ordinance No. 4808, which provided at RMC 4-1-160(A) that "the Council adopts this title to assess school impacts for the .Issaquah School District." The purpose clause makes no mention of the RDS. 4_ lrnpact fee ordinance amended to set amount of RSD impact fees on those in effect at areliminary plat approval when „RSD impact fees added to impact fee _ordinance on December 23 >_009. As noted in the findings of fact, RSD impact fees were first authorized by Ordinance 5514. Phis authorization included the application of RMC 4-1-160(E)(2), such that for preliminary plats and 'UDs the impact fees assessed at building permit issuance were those in effect at the time of )reliminary plat/PUD approval if those plat/PUD was approved after November 10, 1999_ rhe impact of Ordinance 5514 on RMC 4-1-160(E)(2) was not immediately apparent. Ordinance 1514 only amended RMC 4-1-160(D)(5) to identify the amount the RSD impact fee and RSD 4-1- 60(J) to adopt the RSD capital facilities plan. This was the first time RSD impact fees were ever dentified in the City's school impact fee ordinance. Notably, Ordinance 5514 did not amend APPEAL -8 I "District" to include the RSD or amend Section 4-1-160(A) to provide that the purpose of the impact fee ordinance was to assess school impact fees for the RSD in addition to impact fees for the KSD 2 and ISD, despite the fact that the KSD had been added to the "District" definition and 4-1-160(A) 3 when its impact fees were added to the impact fee ordinance via Ordinance No. 5263- 4 Without an amendment to the definition of "District", read literally the City had no authority to impose the fee since the authority for imposing impact fees was limited to the "District" in RMC 4- 5 1-160(E)(1) as previously discussed in Conclusion of Law No. 3. Nonetheless, it is clear that the 6 City Council intended RMC 4-1-160(E)(1) to authorize and require the imposition of RSD impact fees and that the failure to amend "District" and 4-1-160(A) was an oversight. The Council would 7 not have added an impact fee amount for RSD to the impact fee ordinance without intending that the City have the authority to impose it_ Interpreting Ordinance 5514 as authorizing the imposition of 8 impact fees for the RSD necessarily requires that "District" include the RSD which in turn requires 9 that RMC 4-1-160(E)(2) applied to RSD impact fees. 10 RMC 4-1-160(E)(2) expressly provided that it applied to all preliminary plats/PUDs approved after the effective date of Ordinance No. 4808. The Galloway Heights project was approved after the 11 effective date of Ordinance No. 4808. Consequently, subsequent to the effective date of Ordinance 12 No. 5514, all impact fees collected at building permit issuance for Galloway Heights was $0 for as long as the Ordinance No. 5514 amendments remained in effect. 13 5. Appellant has no vested right in RMC 4-1-160(E)(2). With the conclusions of law 14 above, the key issue in this appeal is whether RMC 4-1-160(E)(2) as adopted by Ordinance No. 4808 created a vested right that under due process cannot be extinguished by subsequent retroactive 15 legislation, in this case Ordinance No. 5532. If RMC 4-1-160(E)(2) as adopted by Ordinance No. 16 4808 does create a constitutionally protected vested right, then the Appellant would be entitled to a refund of all fees paid as determined in Conclusion of Law No. 2. However, it is concluded as a 17 matter of law that RMC 4-1-160(E)(2) does not create a constitutionally protected vested right. 18 As a preliminary matter, it must be noted that it is uncontested by the parties to this appeal that the 19 vested rights doctrine as codified for subdivisions does not apply to impact fees_ This issue was resolved in New Castle Investments, LLC v_ City of La Center, 98 Wn. App. 224 (1999), which held 20 that RCW 58.17.033 only vests subdivisions to "land use controls" and that impact fees are not land use controls. The Appellant acknowledges at p. 3 of their appeal statement that "[t]here is no 21 question that the City has great flexibility in modifying the fees based on School District needs." The 22 Appellant distinguishes RMC 4-1-160(E)(2) from the right of the City to vary the amount of the impact fee by noting that the City "expressly created vested rights" in RMC 4-1-160(E)(2). The 23 vesting issue at hand is not whether the City can generally vary impact fee amounts after preliminary plat approval, but rather whether RMC 4-1-160(E)(2) creates a locally adopted vested right that 24 cannot be extinguished by a subsequent amendment_ 25 An important similarity between Farm Bureau and the impact fees at hand are that they both involve, 26 for the most part, taxes. impact fees are largely treated as taxes by Washington courts. Sundquist FA99al�r>�; I Homes, Inc_ v. County of Snohomish, 276 F. Supp. 11.23, 1126 (2003)(" Although the issue has never been decided for all contexts and in all circumstances, when forced to characterize impact fees 2 the state courts have generally treated them as `taxes_ "). The mode of levying taxes does not create 3 any vested rights protected by due process. Two cases are instructive on this issue. 4 The first case dealt with retroactive legislation that altered a timing requirement for the collection of taxes. Newman v. Commercial Waterway Dist. No. 1 of King County, 125 Wash. 577, 582 (1923). 5 In Newman, a state statute authorized the collection of property assessments by waterway districts to 6 retire bonds for waterway improvements. The statute placed time limits on the collection of the assessments and a waterway district failed to meet the deadlines prior to the maturation of some 7 bonds it had issued. The legislature remedied the situation by amending the 'applicable statutes to authorize the waterway district to issue new bonds to pay off the matured bonds along with the 8 authority to re -assess benefitted properties to pay off the newly issued bonds. The new assessments 9 changed the amount and timing of takes collected for the improvements leading to the argument from the property owners that the new assessments violated their vested rights. The Court disagreed, 10 1 holding as follows_ 11 The method and time of levying the assessment was a matter of remedy rather than a 12 matter of vested right, and when the remedy pointed out failed, no matter whatsoever may have been the cause, it was within the power of the Legislature to provide 13 another. That the state ' may adopt new remedies for the collection of taxes or assessments when those formerly enacted fail of their purpose without any violation 14 of the Constitution, either federal or state, is not a matter of doubt. The taxpayer has no vested right in the existing mode of collecting tees. There is no contract between 15 him andthe state that the latter will not vary such mode, and so long as no 16 fundamental right of the taxpayer is invaded he cannot complain of a variation in the mode. 17 125 Wash. at 582. 18. 19 The second, more recent case, on vested rights in taxation involves the retroactive amendment of an initiative to remove a requirement of voter approval for the raising of state taxes. Washington State 20 Farm Bureau Federation v. Gregoire, 162 Wn.2d 284 (2007). In Farm Bureau, a state initiative had set a yearly cap on the revenues raised by taxation that could only be exceeded by a vote of the public. 21 In 2006, nine months after the start of the fiscal year for 2005, the legislature adopted a statute that 22 increased the cap for 2005 without a public vote. The Washington State Farm Federation challenged the amendment to the initiative, arguing in part that the public had a vested right in voter approval of 23 any expenditures that exceeded the cap. The Court agreed that the amendment acted retroactively as to the 2005 fiscal year. It acknowledged that the due process clause prohibits retroactive amendments 24 that interfere with vested rights. 1.62 Wn.2d at 304. However, the Court did not find the cap to 25 qualify as a vested right. It noted that a vested right, entitled to protection from retroactive legislation, must he something more than a mere expectation based upon an anticipated continuance 26 of the existing law; it must have become a title, legal or equitable, to the present or future enjoyment APPEAL -10 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 1 26 i of property, a demand, or a legal exemption from a demand by another. Id. The Court also noted that no one has a vested right in any general rule of law or policy of legislation which gives an entitlement to insist that it remain unchanged for one's own benefit. Id. The Court concluded that "Washington voters' statutory "right" to approve tuxes that raise revenues in excess of the state expenditure limit is a mere expectation—it is not a vested right entitled to due process protections from subsequently enacted legislation_" 162 Wn.2d at 305. As in Newman and Farm Bureau, the Renton City Council has not altered any vested rights in its amendment of RMC 4-1-160(E)(2) by Ordinance No. 5532. It merely modified the "mode" of collecting taxes by modifying the timing for what impact fee schedule is used to ascertain the amount. As in Newman this change in timing ultimately affects the amount of the tax collected_ Similarly, the removal of the public vote requirement in Farm Bureau also may have changed the amount of taxes raised, since the public may have rejected the increase ultimately adopted by the legislature. If the courts are unwilling to protect the integrity of a cap on taxes created by public initiative, it is unlikely they will find much to honor in a regulation that sets the applicability of an impact fee schedule. The case at hand is distinguishable from Farm Bureau in that impact fees arguably bave a much more burdensome and/or direct impact on property owners than the general tax laws of the state. The burden on the property owner is certainly a valid consideration in assessing the applicability of due process. Preshytery of Seattle a King County, 114 Wn.2d 320, 330, 787 P.2d 907 (1990). However, the courts have already determined that impact fees generally don't trigger any vested rights protected by the due process clause_ See New Castle, supra. The fact that the Ordinance 5532 amendments to RMC 4-1-160(E)(2) changes the timing of how impact fees amounts are to be assessed adds nothing to the due process public/private balancing of interests. It is also noteworthy that there is no legislative intent evident or assurance made within RMC 4-1- 160(E)(2) that the Council created a vested right that could not be altered by subsequent legislative amendment. RMC 4-1-160(E)(2) as adopted in Ordinance No. 4808 was only designed to provide a methodology for assessing impact fees at the time of building permit issuance. When the Appellant contemplated the purchase of the subject property in 2010, it had to base its feasibility analysis with the knowledge that property taxes, real estate excise taxes and all other taxes applicable to its real .state venture could change at any time. The amount of the impact fees, which is essentially another ax, was subject to the same unpredictability. The fact that for a period of less than three months )etween December 23, 2009 and March 17, 2010; the amount of the RSD impact fees were based ipon the fees in place at preliminary plat approval did not create any vested tight to prevent that mpredietability. As outlined in the findings of fact, Ordinance 4809 RMC 4-1-160(E)(2) applied to RSD impact fees between )ecember 23, 2009 (when RSD impact fees were added to the impact fee ordinance) and March 17, 2010 (when LMC 4-1-160(E)(2) was amended to provide that impact fees are based uponn the amount in place at building permit >suance). APPEAL -11 i] 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 6_ Even, if a vested right were created by Ordinance 4808 RMC 4-1-160(E)(2).it likeI would not apply to Appellant. As previously noted, Ordinance 4808 RMC 4-1-160(E)(2) only applied to RSD impact fees for a brief period of time, between December 23, 2009 and March 17, 2010. If this temporary period of time created any vested rights, it is likely that those rights would only apply if the Appellant filed a complete building permit application or acquired PUD approval during that time period. It is clear from the record that the Appellant acquired PUD approval well before December 23, 2009 and there is no evidence to support a finding that any complete building permit applications were filed between December 23, 2009 and March 17, 2010. Consequently, even if Ordinance 4808 RMC 4-1-160(E)(2) created vested rights, they don't apply to the Appellant: In the context of land use controls, the courts and the state legislature require the filing of a complete development permit application to trigger vested rights. The judicial policies underlying this requirement equally apply in the context of any vesting to impact fees. The requirement for a complete permit application to vest land use controls prevents permit speculation by making it too easy to vest and also helps create a date certain that makes the point in time for vesting predictable, instead of having to inquire into the "moves and countermoves" of the parties. East County Reclamation v. Bjornsen, 125 Wn. App. 432, 438 (2005); Graham Neighborhood Assn v. F.G. Associates, 162 Wn. App. 98, 113 (2011). In order to assure the same predictability and to also prevent permit speculation, the vesting of impact fee provisions such as RMC 4-1-160(Ex2) would also most likely be required by a court to occur upon the filing of a complete development permit application. For RMC 4-1-160(E)(2) that would either have to be the preliminary plat application or building permit application, since those are the two permits within the subsection linked to impact fee amounts. 7. The Examiner has no authority to rule upon issues concerning�gquitable estoppel. In its appeal statement the Appellant also argues equitable estoppel. The Hearing Examiner does not have the authority to rule upon equitable estoppel claims. Chaussee v. Snohomish County Council, 38 Wn. App. 630 (1984)(hearing examiner has no authority to consider equitable estoppel defense because the examiner was not given this authority by ordinance or statute). Chaussee may be distinguishable on the basis that the broad "fairness" standards of review for impact fee appeals encompass the broad fairness considerations involved in principles of equitable estoppel. However, equitable estoppel often involves some highly fact specific issues that the fact finding apparatus of reviewing courts are more suited to review. Unless and until the courts authorize Examiners to consider equitable estoppel claims in cases similar to the appeal at bar, the Examiner will decline to assume jurisdiction on that issue- APPEAL-12 ssue_ APPEAL-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DECISION The appeal is denied. The imposition of $32,497.41 in school impact fees is sustained. DATED this O day of July, 2012. !sl Phil 01hrechts (Signed original in ofcial file) Phil A. 01brechts City of Renton Hearing Examiner Appeal Right Appeals of the Hearing Examiner decision are heard in a closed record hearing by the City Council. Any such appeal shall be made in writing and filed with the City Clerk's office, together with the applicable appeal fee, within fourteen (14) days of the Examiner's final decision Change in Valuation Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program Of revaluation. APPEAL -13 CAMPBELL, DILLE, BARNEiT & SMITH, P.L. L.C. ATTORNEYS AT LAW GENERAL ACCOUNT 98178 CHECK DATE DESCRIPTION INVOICE# AMOUNT bEDuc-noN NETAMOUNT 917 City of Renton Q7/18/12 Appeal Fee; 22827.009 Bartels 250.00 250.00 CHECK DATE I CONTROL NUMBER 07/18/12 - _ 98178iOTAL9 ► Gross: ^ 250.00 Ded: -0.00 Net: 250.00 ------------ ' Campbell, Dille, Barnett COLUMBIA STATE MNK r & Smi1tL P.LLC. 4220 SOUTH MEMO" �� 8 a PUYALLUP, WA MM Artnraeys ai Lcw 34-827H251 i :17 Swjb h4erjdu= P.O. Box 468 Puntlup, wA 99371-0I64 l' -13]1146-3E13 DATE CHECK AMOUNT 07/18/12 98178 ****$250.00 PAY * * * TWO HUNDRED FIFTY & 001100 DOLLARS ro.TH� GENERAL ACCOUNT ORDER OF: Cit' of Renton 200 Mill Avenue South Renton WA 98055L- V V-./ k 11'0'8 17811` i: L 25 L08 27 21:700040 140 LII' - --- - ---------------------------- ----------------------- ---- .......................... .-- ............ ..._.... ..................... CAMPBELL, DILLE, BARNETT & SMITFI, P.L.L.C. ATTORNEYS AT LAW GENERAL ACCOUNT Vendor: 917 City of Renton Date Description Invoice # -07118/12 Appeal Fee; 22827.009 Bartels Check Date Check # Gross Amt 07/18/12 98178 250.00 Amount 250.00 Tiicr Amt 98178 Disc Net Amt 250.00 Net Amt 250.00 L144SHGM 3956M �Y o CITY OF RENTON G a City Clerk Division # 4 * 1055 South Grady Way Renton, WA 98057 425-434-6510 ❑ Cash fXCheck No.3�� Description: Receipt N2 1931 Date �0 ❑ Copy Fee ❑ Notary Service ❑ Appeal Fee ❑ Funds Received From: Amount $ �} Name Address l i City/Zip; 1 �� City ignatW 2 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 CITY of RENTON JUL 1'0 2012 RECEIVED CRY CLERICS OFFICE BEFORE THE NEARING EXAMINER FOR THE CITY OF RENTON RE: Galloway at the Highlands Appy ) ) ) APPEAL OF IMPACT FEE ASSESSMENT Summary The Appellant appeals the imposition of school impact fees for the construction of four single-family homes, totaling $32,497.41 The appeal is denied and the imposition of S 32,497.41 in school impact fees is sustained. The key issue of this appeal is whether an ordinance assessing impact fees at building permit issuance based upon amounts in effect at the time of subdivision approval creates constitutionally protected vested rights that cannot be extinguished or modified by subsequent amendment No such vested right was created in this case and no fee adjustment is warranted. The Appellant appeals the imposition of impact fees for the Renton School District ("RSD") for building permits issued for development of single-family homes in the Galloway of the Highlands subdivision. When the subdivision was approved on March 28, 2007, there was no RSD impact fee. At that time the City's impact fee only assessed and only applied to impact fees collected for the Issaquah School District CUD"). RMC 4-1-160(E) provided that impact fees came due at building permit issuance but that the amount of the fee would be based upon the "fee schedule in effect when the plat or PLTD receives preliminary approval." The definitions and purpose clause of the ordinance clearly provided that the impact fee ordinance was to exclusively apply to ISD fees, including RCW 4-1-160(E).. Consequently, when the Galloway preliminary plat was approved, the impact fee ordinance did not dictate that any future RSD impact fees would be based upon impact fee schedules in effect at preliminary plat approval. Subsequent to the approval of the Galloway preliminary plat, for a brief period of time the Renton City Council did amend the impact fee ordinance to provide that the RSD impact fee amounts in effect at preliminary plat approval (0$) would apply for impact fees that came due at building permit issuance. On December 23, 2009 the Renton City Council added RSD impact fees to its impact fee ordinance. The definitions and purpose clause of the impact fee ordinance were not revised to include the RSD and its fees, but this was clearly an oversight and the only rational way to apply the amendment as intended was to apply all provisions of the impact fee ordinance to RSD fees, including RMC 4-1-160(E). RMC 4-1-160(E) also happened to provide that it applied to any preliminary plats approved after the effective date of Ordinance 4808. Ordinance 4808 went into effect on November 10, 1999, The Galloway preliminary plat was approved after November 10, 1999. Consequently, when the impact fee ordinance was amended on December 23, 2009 to include APPEAL -1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RSD impact fees, the RSD impact fees for the Galloway development due at building permit issuance were based upon the adopted amounts in effect when the Galloway preliminary plat was approved, which was $0. The Appellant purchased the Galloway development on March 10, 2010 while the December 23, 2009 amendments remained in effect and testified that he purchased the property in reliance upon the fact that the RSD impact fees would be $0. On March 17, 2010, the Renton City Council amended RMC 4-1-160(E) to provide that the amount for an impact fee charged at building permit issuance was to be based upon the fee schedules in effect at the time of building permit issuance, instead of the fees in effect at the time of preliminary plat approval. If the December 23, 2009 amendments of RMC 4-1-160(E)constitute a constitutionally protected vested right to the $0 RSD impact fee, the Council would have been precluded from amending RMC 4-1-160(E) to provide for a higher amount. However, RMC 4-1-16(E) doesn't create any such vested rights. Rather it just creates an expectancy that is most analogous to an adopted "mode" of tax collection that provides guidelines on what impact fee schedules apply when amounts come due at the time of building permit issuance. Those guidelines were amended on March 17, 2010 and the RSD impact fees for any building permits issued after that date must be based upon impact fee schedules in effect at the time of building permit issuance. Testimony Tabs Abolins testified that the appellant is asking for the reversal of a retroactive repeal of a provision in the city of Renton's code which had expressly granted Galloway LLC the right to the fee schedule in place when the preliminary plat received approval_ The approval was received on March 28, 2007. At that point in time, the school fees in affect were zero dollars. Renton indicated that school fee impacts would be mitigated by an increase in the city's tax -base. However, after the appellant purchased the vested Highlands project, the city retroactively repealed the ordinance, resulting in a substantial financial impact. The appellant is asking for reversal based on due process, fairness, and RCW 82.02.070 which provides that a city must give an appeal process which allows a fee to be modified based on principles of fairness. Greg Heath, 2214 Tacoma Road, stated that he has been involved in real estate development for a number of years. He has participated in around 10-12 development projects. There are 4 members of the Galloway LLC including Mr. Heath, his wife, Jonathan Arnold, and Kris Arnold. The LLC was formed to purchase the property and complete the building project_ Galloway purchased the property through a bankruptcy process from a receiver. Exhibit 4 is a landscape plan and reflects the current plan for the development of the project. At the time of Mr. Heath's acquisition of the property, there was a small amount of development on the property. The south east quadrant contained the framing and partial roofing for a building. The south-west quadrant had foundations, and the north quadrant was vacant. There will be 35 dwelling units and 3 commercial spaces under the current plat- The LLC reviewed the building permit, infrastructure, fees paid, and if there was bonding required before purchasing the property. As part of this due -diligence process, the LLC reviewed the effect of school impact fees. Exhibit 1 is the school impact fee ordinance in effect at the time the property was purchased by Galloway LLC. When reviewing the ordinance, Mr. Heath noted that the use of "vested APPEAL -2 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 plat" in item 2, section E. Galloway LLC was aware school impact fees were zero at the time of the preliminary plat approval and believed that vesting would result in the continuation of this policy. Exhibit 2 notes the minutes of the meeting where the preliminary plat received approval. Galloway LLC was under the impression that the school impact fees would be zero and resurrected already approved building permits_ After acquiring the property, Galloway LLC discovered that the city had modified the Renton code, and the modification applied retroactively. Exhibit 6 reflects the clarification from Neil Watts in regard to the impact of the city change on the Galloway project. Permit fees were paid under protest from Galloway LLC. Exhibit 7 is a coalescing of the permit fees expected to be paid for school impacts created by a consulting firm working for Galloway LLC_ Based on these calculations, the anticipated impact on the project is over 74,000 dollars. The fees will have a vast negative impact on the financial situation of the project, especially in a difficult market. If Galloway had been aware of these school impact fees, they would have paid less for the project or not pursued it at all. Mr. Abolins argued that for some time, the vested rights doctrine has not applied to school impact fees. Courts have indicated that a developer should expect to be tied to fluctuations in school impact fees. However, a developer has a right to proceed in a manner of certainty under due process. Renton had enacted ordinances guaranteeing developers the right to school impact fees at the time of plat approval. Exhibit 12 is a staff report from the Renton Planner Division ,which discussed the changes made under the new ordinance_ The report notes that school impact fees should be collected at the time of building permit review for the amount required when preliminary plat approval was given. Galloway had already received plat approval and was vested under city ordinance. An administrative decision, detailed in an email from Neil Watts (exhibit 6), stated that the city was going to apply the new school impact fee ordinance to projects that had already received plat approval. In exhibit 12 (page 3), the city acknowledges that the code allows applicant's to be vested to impact fees they received when given preliminary plat approval. Exhibit 13 is additional Planning and Development Committee material which states that applicants can be vested to previous fee schedules. Galloway LLC created an entire cost -analysis based on the presumption they would not be paying any school impact fees. Exhibit 8 is the ordinance that set -forth the vesting principle. Exhibit 9 is the preliminary report to the hearing examiner on the Highlands project which notes, on page 11, that the school district would be able to handle additional students from the development. Pages 10 and 11 of exhibit 10 note the environmental checklist given for the project_ The public services section of this lhecklist states that the project will increase need for public services and gives increased tax -base as he method of paying for services (not school impact fees). Me hearing examiner questioned Mr. Abolins about the applicability of Graham Neighborhood Ass'n T. F.G. Associates, which recently held that the vested Tights doctrine doesn't apply to procedural equirements as opposed to land use controls. The Examiner noted that Mr. Abolins had ►cknowledged that the vested rights doctrine doesn't apply to impact fees because they aren't .onsidered land use controls. 3armon Newsom, assistant Renton City Attorney, cross examined Mr. Heath Mr. Heath stated the )roperty was purchased in March 2010. APPEAL -3 1 Mr. Newsom argued that the appellant does not have a vested right to the previous school impact 2 fees. Exhibit 8 (a copy of ordinance 4808) does not apply to the Renton School District. There is no 3 reference to Renton, only a reference to the Issaquah School District. Nothing in this section of the code gives provision for vesting under the school district. The appellant cannot prove any form of 4 vesting right based on this ordinance. Mr. Newsom commented that the appellant suggested that they had an expectation of not paying their share of fees. A vested right must be something more than an 5 expectation. There is no language that benefits the appellant in the ordinance. the appellant was 6 aware that the code was changing during the period the property was purchased. Mr. Newsom. noted that Mr. Heath used the word "assumed" when discussing his belief the school impact fees would be 7 zero. Vesting is limited to zoning, building, or land use control ordinances. impact fees are not zoning ordinances. He submitted a previous court case which makes clear that impact fees are 8 collected at the time of building permits. Impact fees do not influence use or division. No guarantee 9 of availability in schools was given to the appellant. There is no vested right provision for schools under Renton code, so Washington law and city ordinances must be adhered. Accordingly, Renton 10 code provides that school impact fees must be collected at the time of building penult approval. He also noted the case of Abbey Rd. v. Bonney Lake which rejected the argument of financial cost being 11 too great as a reason not to levy a fee_ The case provided that RCW 19.27.095(1) is unequivocal and 12 requires a complete building permit application to be submitted in order to receive vesting rights. No vesting protection was entitled to Calloway LLC. 13 In regard to equitable estoppel, Mr. Newsom testified that the application of equitable estoppels 14 against government is disfavored. He referred to the decision in Dept of Ecology v. George Theodoratus which gave that the courts should be reluctant to find the government equitable estoppel 15 .,'when public revenues are involved." There is a three-part test to applying equitable estoppels. The 16 appellant has failed to prove that there was any party admission in consistent with the later claim. The appellant has failed to prove that Galloway has relied on a specific act, statement, or admission. 17 A mistaken reading of the code is not the fault of Renton_ The appellant has failed to prove there was any type of injury based on reliance on the false beliefs. Paying more money is not considered an 18 injury by the courts. The appellant has not proven that there is any sort of manifest error. The money - 19 will go the Renton School District, not the City. Making a profit isnot the city's concern_ 2Q Upon questioning by the hearing examiner in regard to RMC 4-1-160(E)(2), which the Examiner noted isn't expressly limited to the Issaquah School District, Mr. Newsom commented that the 21 appellant has failed to prove this section of the code refers to Renton School District and that 22 1 provisions in other parts of the impact fee ordinance were clearly designed to only apply to impact fees assessed for the Issaquah School District 23 Talis Abolins testified that the language of the original ordinance does not restrict itself to a single 24 school district. Exhibit 6 shows that the city of Renton interpreted the ordinance as giving vesting 25 rights to the Appellant's project in the Issaquah School District. Neil Watts, director of the Development Services division, assumed the provision applied to Cralloway's project based on his 26 email sent to the appellant in exhibit 6. Although there have been no previous application of the APPEAL - 4 1 2 3 4 5 6 7 8 9 10 11 12 I3 14 15 16 17 I8 19 20 21 22 23 24 25 26 ordinance with a similar nature, the city gave conclusive proof that they were applying the ordinance within the Renton School District. The Planning Division's discussion of the impact fees in exhibits 12 and 13 is very broad and does not suggest a limit to the Issaquah School District. The appellant is aware of how school impact fees work and understands there are fluctuations_ A careful due - diligence process was followed in order to assure the appellant understood the city's interpretation of the ordinance before purchasing the property. The appellant does not just have an expectation; they have an affirmative legislative statement backed up by the Director of Development Services for Renton. In regard to providing additional legislative history, Mr. Newsom stated that he does not see any ambiguity in the ordinance. No specific provision for the Renton School District is made. The ordinance is specific to the Issaquah School District, and Renton School District would not have been able to collect school impact fees under the ordinance as written. Mr. Abolins noted that exhibit ll discusses RMC 4-1-160 and refers to the Kent School District along with the Issaquah School District. A city official stated in an email that the original ordinance applied to the Galloway project (exhibit 6), ]mowing that the project fell in the Renton School District. Mr. Newsom testified that Renton is addressing the appellant's decision to rely on the plat approval for vesting rather than the building permit. The plat approval was from 2007. Ordinance 5442 expands to apply to Issaquah and Kent School District, but Renton School District is not included. Page 3 of the ordinance identified Issaquah School District 411 and Kent School District 415. The ordinance reflects the intent of the City Council. There is no vesting for the Renton School District given in the past ordinances. Exhibits At hearing, the Appellant submitted an exhibit notebook consisting of 13 exhibits, all of which were admitted into the record_ Findings of Fact Procedural: 1. Appellant. Galloway Heights I, LLC. 2. Hearin. A hearing on the appeal was held on June 13, 2012 at 12:00 pm in the Renton City Council meeting chambers. Substantive - APPEAL -5 1 3. Description of Appeal. The Appellant appeals the imposition $32,497.41 in RSD school 2 impact fees levied upon the issuance of building permit CP07293($8,196.63), CP07301($8,201.32), CP07300($8,201.32) and CP07292($7,898.14). All four building permits 3 were issued for single-family homes located in the Galloway at the Highlands subdivision in the RSD_ The fees were paid under protest on April 20,2012- The Appellant asserts that RMC 4-1- 4 160(E) gave it a vested right to $0 RSD school impact fees when the Galloway preliminary plat was approved and also that the City is barred by equitable estoppel from requiring any RSD school 5 impact fees. 6 4. Chronology. 7 A. November 10, 1999• Iss uah 'act fee first adopted. The Renton City Council first 8 adopted a school impact fee on November 1, 1999 as Ordinance No. 4808, which went 9 into effect on November 10, 1999. Section 4-1-160(A) of the ordinance noted that the ordinance was adopted for the collection of impact fees for the ISD. No other school 10 district was mentioned_ RMC 4-1-160(E)(2) of the ordinance provided that impact fees come due at the time of building permit issuance but the amount must be based upon fee 11 schedules in effect at the time of planned unit development ("PUD") or preliminary plat 12 approval. RMC 4-1-160(E)(2) on its own did not mention the ISD or any other school district. 13 B. March $, 2007; Gallaway pzelisninarv__plat aM rp oved. The AppeIlant's subdivision, 14 Galloway at the Highlands, received preliminary plat approval on March 8, 2007- 15 C. March 15 2007, Kent School District added to impact fee ordinance. The Renton City 16 Council amended Section 4-1-160(A) by Ordinance 5263 to provide that the ordinance was adopted to impose impact fees for both the Kent and Issaquah school districts. The 17 definition of "District" was also expanded to include the KSD. The amendment went into effect on March 15, 2007. A whereas clause to the ordinance noted that the City of 18 Renton may .annex property within the Dent School District ("KSD"). RMC 4-1- 19 160(E)(2) was not amended and retained the original wording from Ordinance No. 4808. 20 D_ December 23 2009• first Renton School District jMpgct fee oes into effect. A whereas clause to Ordinance No. 5514 provides that "until recently the Renton School District 21 has been able to accommodate growth within existing facilities, but currently estimates a 22 need for additional school facilities". Ordinance No. 5514 imposes an impact fee for .Renton, apparently for the first time_ It amends Section 4-1-160(D), note 5, to set impact 23 fee amounts for the RSD. Ordinance No. 5514 does not amend the definition of "District" to include the RSD.or the Section 4-1-160(A) purpose clause to provide that 24 the purpose of the impact fee ordinance is to collect impact fees for the RSD. 25 E. March, 2014; Appellant -purchases Galloway ppWerty. Under cross examination during 26 the hearing on this appeal, an officer of the Appellant testified that it purchased the APPEAL - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Galloway Heights property in March, 20I0. It is unclear whether the Appellant purchased the property before or after the Ordinance No. 5532 went into effect. F. March 17, 2010, RMC 4-1-16QM) amended.. Ordinance No. 5532, which went into effect on March 17, 2010, amended RMC 4-1-160(E) to provide that impact fees are based upon the amounts in effect when paid at the time of building permit issuance. A staff report that accompanied the proposed amendment, Ex. 12, acknowledged that RMC 4-1-160(E) applied to RSD impact fees and that basing impact fee amounts upon the schedules in effect at PUD/preliminary plat approval did not effectively mitigate school impacts, "especially the impacts to the Renton School District'. G_ May 2, 2012 ose cause revised to include Renton School District. Ordinance No. 5657, which went into effect May 2, 2012, amended Section 4-1-160(A) to provide that the impact fee ordinance was adopted to assess fees for the Issaquah; Kent and Renton school districts. Up until this point Section 4-1-160(A) did not include the Renton School District. The definition of district was also stricken from the ordinance, so that references in the ordinance to "district" were no longer limited to the TSD and Kent School District. Conclusions of Law Procedural: 1. Authority of Hearing Examiner. RMC 4-1-160(G)(2) provides that an appeal of a school impact fee shall follow the process for the underlying permit action. The underlying permit action in these appeals was approval of the subject building permits. RMC 4-8-080(G) assigns building permit appeals to the hearing examiner for an open record hearing and final decision appealable to the Renton City Council. 2. Appeal Review Criteria RMC 4-1-160(G)(1) provides that impact fees may be adjusted if the fees were incorrectly assessed or unusual and unique circumstances render the fees unfair, unjust ,or unlawful_ If the Appellant is correct in its assertion that it has a vested right, protected by due process, to $0 impact fees than the Appellant would qualify for a waiver of the fees imposed by the City since the due process -violation would (1) render the fees unfair, unjust and unlawful; or (2) would compel the conclusion that the fees were incorrectly assessed under an interpretation of the impact fee ordinance that is consistent with the vested rights of the Appellant. 3. 1wact fee ordinance dict not provide for vesting of RSD im act fee amounts at prelimin_ ' ary plat approval when the GallowayBeights prelimiziag plat was approved The Appellant argues that RSDS $0 impact fees vested at the. time of preliminary plat approval. However, when the :ralloway preliminary plat was approved the City's impact fee ordinance only governed ISD impact Fees. APPEAL -7 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The asserted "vesting" provision in effect waren Galloway Heights was approved was RMC 4-1- 160(E) of Ordinance No. 4808, which provided as follows: E. ASSESSMENT OFIMPACT FEES: 1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking development approval from the City for dwelling units located within the District's boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit. 2 For a plat or PUD applied for on or afier the effective date of Ordinance 4808, the i!qpact fees due on the plat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUD receivesprelimmary approval.... (emphasis added) A key point of disagreement between the City and the Appellant is the under]ined language above — the City maintains that these impact fees are limited to impact fees assessed for the ISD and the Appellant claims they are any impact fees imposed by the City. The City's interpretation is the more compelling_ RMC 4-1-160(E)(1) authorizes and requires the City to collect impact fees for',,, final plat or PUD approval or the issuance of a residential building permit..." RMC 4-1-160(E)(2) relates back to the range of impact fees authorized by RMC 4-1-160(E)(1) by providing that for those impact fees linked to PUD and preliminary plat approval, they will vest at the time of preliminary plat/PUD approval. Subsection 2 is setting the amount to a portion of the impact fees authorized in subsection 1 _ Unfortunately for the Appellant, subsection 1 limits the authorized range of impact fees to those assessed for "dwelling units located within the District's boundaries". RMC 4-1- 160(B)(8) of Ordinance No. 4808 defines the "District" as the ISD. Since the impact fee amounts set by subsection 2 only applies to the fees authorized by subsection 1, subsection 2 only applies to ISD impact fees. This interpretation is further corroborated by the purpose clause of Ordinance No_ 4808, which provided at RMC 4-1-160(A) that "the Council adopts this title to assess school impacts for the Issaquah School District." The purpose clause makes no mention of the RDS. 4. Impact fee ordinance amended to set amount of RSD impact fees on those in effect at preliminary plat approval when RSD impact fees added to impact fee ordinance on December 23, 2009. As noted in the findings of fact, RSD impact fees were first authorized by Ordinance 5514. This authorization included the application of RMC 4-1-160(E)(2), such that for preliminary plats and PUDs the impact fees assessed at building permit issuance were those in effect at the time. of preliminary plat/PUD approval if those plat/PUD was approved after November 10, 1999. The impact of Ordinance 5514 on RMC 4-1-160(E)(2) was not immediately apparent. Ordinance 5514 only amended RMC 4-1-160(D)(5).to identify the amount the RSD impact fee and RSD 4-1- 160(J) to adopt the RSD capital facilities plan. This was the first time RSD impact fees were ever identified in the City's school impact fee ordinance. Notably, Ordinance 5514 did not amend APPEAL - 9 I "District" to include the RSD or amend Section 4-1-160(A) to provide that the purpose of the impact fee ordinance was to assess school impact fees for the RSD in addition to impact fees for the KSD 2 and ISD, despite the fact that the KSD had been added to the "District" definition, and 4-1-160(A) 3 when its impact fees were added to the impact fee ordinance via Ordinance No, 5263- 4 Without an amendment to the definition of "District", read literally the City had no authority to impose the fee since the authority for imposing impact fees was limited to the "District" in RMC 4- 5 1-160(E)(1) as previously discussed in Conclusion of Law No. 3. Nonetheless, it is clear that the 6 City Council intended RMC 4-1-160(EX1) to authorize and require the imposition of RSD impact fees and that the failure to amend "District" and 4-1-160(A) was an oversight. The Council would 7 not have added an impact fee amount for RSD to the inaapact fee ordinance without intending that the City have the authority to impose it. Interpreting Ordinance 5514 as authorizing the imposition of 8 impact fees for the RSD necessarily requires that "District" include the RSD which in turn requires 9 that RMC 4-1-160(E)(2) applied to RSD impact fees. 10 RMC 4-1-160(E)(2) expressly provided that it applied to all preliminary platslPUDs approved after the effective date of Ordinance No. 4808. The Galloway Heights project was approved after the 11 effective date of Ordinance No. 4808. Consequently, subsequent to the effective date of Ordinance 12 No. 5514, all impact fees collected at building permit issuance for Galloway Heights was $0 for as long as the Ordinance No. 5514 amendments remained in effect. 13 5. Appellant has no vested right in RMC 4-1-160(E)(2). With the conclusions of law 14 above, the key issue in this appeal is whether RMC 4-1-160(E)(2( as adopted by Ordinance No. 4808 created a vested right that under due process cannot be extinguished by subsequent retroactive 15 legislation, in this case Ordinance No. 5532. If RMC 4=1-160(E)(2) as adopted by Ordinance No. 16 4808 does create a constitutionally protected vested right, then the Appellant would be entitled to a refund of all fees paid as determined in Conclusion of Law No. 2. However, it is concluded as a 17 matter of law that RMC 4-1-160(E)(2) does not create a constitutionally protected vested right_ 18 As a preliminary matter, it must be noted that it is uncontested by the parties to this appeal that the 19 vested rights doctrine as codified for subdivisions does not apply to impact fees. This issue was resolved in New Castle Investments, LLC v. City of La Center, 98 Wn. App. 224 (1999), which held 20 that RCW 58.17.033 only vests subdivisions to "land use controls" and that impact fees are not land use controls. The Appellant acknowledges at p. 3 of their appeal statement that "[t]here is no 21 question that the City has great flexibility in modifying the fees based. on School District needs." The 22 Appellant distinguishes RMC 4-1-160(E)(2) from the right of the City to vary the amount of the impact fee by noting that the City "expressly created vested rights" in RMC 4-1-160(E)(2). The 23 vesting issue at hand is not whether the City can generally vary impact fee amounts after preliminary plat approval, but rather whether RMC 4-1-160(E)(2) creates a locally adopted vested right that 24 cannot be extinguished by a subsequent amendment. 25 An important similarity between Farm Bureau and the impact fees at hand are that they both involve, 26 for the most part, taxes. Impact fees are largely treated as taxes by Washington courts. Sundquist I Homes, Inc. v. County of Snohomish, 276 F. Supp. 1123, 1126 (2003)(" Although the issue has never been decided for all contexts and in all circumstances, when forced to characterize impact fees 2 the state courts have generally treated them as `taxes. "' The mode of le g Y }• vying taxes does not create 3 any vested rights protected by due process. Two cases are instructive on this issue. 4 The first case dealt with retroactive legislation Haat altered a timing requirement for the collection of taxes. Newman v_ Commercial Waterway Dist. No_ I of King County, 125 Wash. 577, 582 (1923)- 5 In Newman, a state statute authorized the collection of property assessments by waterway districts to 6 retire bonds for waterway improvements. The statute placed time limits on the collection of the assessments and a waterway district failed to meet the deadlines prior to the maturation of some 7 bonds it had issued. The legislature remedied the situation by amending the applicable statutes to authorize the waterway district to issue new bonds to pay off the matured bonds along with the 8 authority to re -assess benefitted properties to pay off the newly issued bonds_ The new assessments 9 changed the amount and timing of taxes collected for the improvements leading to the argument from the property owners that the -new assessments violated their vested rights. The Court disagreed, 10 holding as follows: 11 The method and time of levying the assessment was a matter of remedy rather than a 12 matter of vested right, and when the remedy pointed out failed, no matter whatsoever may have been the cause, it was within the power of the Legislature to provide 13 another. That the state may adopt new remedies for the collection of taxes or assessments when those formerly enacted fail of their purpose without any violation 14 of the Constitution, either federal or state, is not a matter of doubt. The taxpayer has no vested right in the existing mode of collecting taxes. There is no contract between 15 hien and the state that the latter will not vary such mode, and so long as no 16 fundamental right of the taxpayer is invaded he cannot complain of a variation in the Mode. 17 18 125 Wash. at 582_ 19 The second, more recent case, on vested rights in taxation involves the retroactive amendment of an initiative to remove a requirement of voter approval for the raising of state taxes. Washington State 20 Farm Bureau Federation v_ Gregoire, 162 Wn.2d 284 (2007). In Farm Bureau, a state initiative had set a yearly cap on the revenues raised by taxation that could only be exceeded by a vote of the public_ 21 In 2006, nine months after the start of the fiscal year for 2005, the legislature adopted a statute that 22 increased the cap for 2005 without a public vote. The Washington State Farm Federation challenged the amendment to the initiative, arguing in part that the public had a vested right in voter approval of 23 any expenditures that exceeded the cap. The Court agreed that the amendment acted retroactively as to the 2005 fiscal year. It acknowledged that the due process clause prohibits retroactive amendments 24 that interfere with vested rights. 162 Wn.2d at 304. However, the Court did not find the cap to 25 qualify as a vested right. It noted that a vested right; entitled to protection from retroactive legislation, must be something more than a mere expectation based upon an anticipated continuance 26 of the existing law; it must have become a title, legal or equitable, to the present or future enjoyment APPEAL -10 PI 4 n 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 of property, a demand, or a legal exemption from a demand by another. Id. The Court also noted that no one has a vested right in any general rule of law or policy of legislation which gives an entitlement to insist that it remain unchanged for one's own benefit. Id. The Court concluded that "Washington voters` statutory "right" to approve taxes that raise revenues in excess of the state expenditure limit is a mere expectation—it is not a vested right entitled to due process protections from subsequently enacted legislation." 162 Wn.2d at 305. As in Newman and Farm Bureau, the Renton City Council has not altered any vested rights in its amendment of RMC 4-1-160(E)(2) by Ordinance No. 5532. It merely modified the "mode" of collecting taxes by modifying the timirlg for what impact fee schedule is used to ascertain the amount. As in Newman this change in timing ultimately affects the amount of the tax collected. Similarly, the removal of the public vote requirement in Farm Bureau also may have changed the amount of taxes raised, since the public may have rejected the increase ultimately adopted by the legislature. If the courts are unwilling to protect the integrity of a cap on taxes created by public initiative, it is unlikely they will find much to honor in a regulation that sets the applicability of an impact fee schedule. The case at hand is distinguishable from Farm Bureau in that impact fees arguably have a much more burdensome and/or direct impact on property owners than the general tax laws of the state. The burden on the property owner is certainly a valid consideration in assessing the applicability of due process_ Presbytery of Seattle v. Ding County, 114 Wn2d 320, 330, 787 P.2d 907 (1990). However, the courts have already determined that impact fees generally don't trigger any vested rights protected by the due process clause. See New Castle, supra. The fact that the Ordinance 5532 amendments to RMC 4-1-160(E)(2) changes the tinning of how impact fees amounts are to be assessed adds nothing to the due process public/private balancing of interests. It is also noteworthy that there is no legislative intent evident or assurance made within RMC 4-1� 160(E)(2) that the Council created a vested right that could not be altered by subsequent legislative amendment RMC 4-1-160(E)(2) as adopted in Ordinance No. 4808 was only designed to provide a methodology for assessing impact fees at the time of building permit issuance_ When the Appellant contemplated the purchase of the subject property in 2010, it had to base its feasibility analysis with the knowledge that property taxes, real estate excise taxes and all other taxes applicable to its real estate venture could change at any time. The amount of the impact fees, which is essentially another tax, was subject to the same unpredictability. The fact that for a period of less than three months between December 23, 2009 and March 17, 20101 the amount of the RSD impact fees were based upon the fees in place at preliminary plat approval dial not create any vested right to prevent.that unpredictability. As outlined in the Endings of fact, Ordinance 4808 RMC 4-1-160(EX2) applied to RSD impact fees between December 23, 2009 (when RSD impact fees were added to the impact fee ordinance) and Rich 17, 2010 (when RMC 4-1-160(E)(2) was amended to provide that impact fees are based upon the amount in place at building permit issuance)_ APPEAL - 11 1 6. Even if a vested right were created by Ordinance 4808 RMC 4-1-160(E)(2), it likely 2 would not apply to Appellant. As previously noted, Ordinance 4808 RMC 4-1-160(E)(2) only applied to RSD impact fees for a brief period of time, between Der -ember 23, 2009 and March 17, 3 2010. If this temporary period of time created any vested rights, it is likely that those rights would only apply if the Appellant filed a complete building permit application or acquired PUD approval 4 during that time period. It is clear from the record that the Appellant acquired PUD approval well before December 23, 2009 and there is no evidence to support a finding that any complete building 5 permit applications were filed between December 23, 2009 and March 17, 2010- Consequently, even 6 if Ordinance 4808 RMC 4-1-I60(E)(2) created vested rights, they don't apply to the Appellant - 7 In the context of land use controls, the courts and the state legislature require the filing of a complete development permit application to trigger vested rights. The judicial policies underlying this 8 requirement equally apply in the context of any vesting to impact fees. The requirement for a 9 complete permit application to vest land use controls prevents permit speculation by making it too easy to vest and also helps create a date certain that makes the point in time for vesting predictable, 10 instead of having to inquire into the "moves and countermoves" of the parties. East County Reclamation v: Bjornsen, 125 Wn. App. 432, 438 (2005); Graham Neighborhood Assn v. F. G_ 11 Associates, 162 Wn_ App. 98, 113 (2011). In order to assure the same predictability and to also. 12 prevent permit speculation, the vesting of impact fee provisions such as RMC 4-1-160(E)(2) would also most likely be required by a court to occur upon the filing of a complete development permit 13 application_ For RMC 4-1-160(E)(2) that would either have to be the preliminary plat application or building permit application; since those are the two permits within the subsection linked to impact 14 fee amounts. i5 7. The Examiner has no authority to rule upon issues concerning equitable estoppel. In 16 its appeal statement the Appellant also argues equitable estoppel. The Hearing Examiner does not have the authority to rule upon equitable estoppel claims. Chaussee v. Snohomish County Council, 17 38 Wn. App. 630 (1984)(hearing examiner has no authority to consider equitable estoppel defense because the examiner was not given this authority by ordinance or statute)_ Chaussee may be 18 distinguishable on the basis that the broad "fairness" standards of review for impact fee appeals 19 encompass the broad fairness considerations involved in principles of equitable estoppel. However, equitable estoppel often involves some highly fact specific issues that the fact finding apparatus of 20 reviewing courts are more suited to review. Unless and until the courts authorize Examiners to consider equitable estoppel claims in cases similar to the appeal at bar, the Examiner will decline to 21 assume jurisdiction. on that issue. 22 23 24 25 26 APPEAL -12 1 2 DECISION 3 The appeal is denied_ The imposition of $32,497.41 in school impact fees is sustained. 4 DATED this 9'h day of July, 2012. 5 6 7 P A. Qlbrehts 8 City of Renton Hearing Examiner 9 Appeal Right 10 Appeals of the Hearing Examiner decision are heard in a closed record hearing by the City 11 Council. Any such appeal shall be made in writing and filed with the City Clerk's office, together 12 with the applicable appeal fee, within fourteen (14) days of the Examiner's final decision 13 Change in Valuation 14 Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program 15 of revaluation. 16 17 18 19 20 21 22 23 24 25 26 APPEAL -13 GALLOWAY AT THE HIGHLANDS Appeal Hearing for Galloway at the Highlands Building Permits 7293, 7301, 7300 & 7291 APPELLANT'S EXHIBIT LIST 1. RMC 4.1.160E(l) — (4) (pre -amendment) 2. Hearing Exarnine' Minutes —Approving Preliminary Plat (March S, 2007) 3. Photos — Galloway at the Highlands Exterior (two views) 4. Galloway at the Highlands -- Landscape Plan (Feb_ 1, 2011) 5. Galloway at the Highlands — Schematic Site Plan (April 30, 2010) 6. Neil Watts e-mail, regarding repeal of vesting language (August 19, 2010) 7. School Impact Fee Totals -- S74,442 Related Public Records — from City of Renton's Public Disclosure S. Ordinance 4808 (November 1, 1999) 9. Preliminary Report to Hearing Examiner, Re: Galloway Preliminary Plat J (February 20, 2006) f` 10: Environmental Checklist (October 1 S, 2006) 11. Ordinance 5442 (January 16, 2009) 12. Staff Report, Docket Request "D-36 PROCEDURE FOR FEES" (December 2, 2009) 13. Planning and Development Committee Report, "D-36 PROCEDURE FOR FEES" (March 1, 2010) Vesting ordinance 41160F City of Renton Municipal Codes (Ord. 5194, 1-23-2006; Ord. 5263, 3-5-2007; Ord. 5317, 11-19-2007; Ord. 5442, 1- 12-2009) E. ASSESSMENT OF IMPACT FEES: 1. The City shall collect school impact fees, established by this Section as adjusted 1from time to time, from any applicant seeking development approval from the City for 'dwelling units located within the District's boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile horse permit. 1 2. For a plat or PUD applied for on or after the effective date of Ordinance 4808, the limpact fees due on the plat or the PUD shall be assessed and collected from the ;applicant when the building permit for each dwelling unit is issued, using fhe:fee !schedule iii effect when the plat of. PUD 4-ecefves prelirriinary approval: Residential developments proposed for short plats shall not be governed by this subsection, but shall be governed by subsection (E)(4) of this Section. 3. If, on the effective date of Ordinance 4808, a plat or PUD has already received preliminary approval through King County, but then if any of the fee has been paid 'through King County, the remainder of the impact fees shall be assessed and collected 'from the lot owner at the time the building permits are issued, using the fee schedule then in effect at the time of preliminary plat approval. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are (issued. If, on the effective date of Ordinance 4808, an applicant has applied for preliminary plat or PUD approval, but has not yet received such approval, the applicant :shall follow the procedures set forth in subsection (E)(2) of this Section. 4. For existing lots or lots not covered by subsection B of this Section, applications for single family, mobile home permits, and site plan approval for mobile home parks proposed, the total amount of the impact fees shall be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or mobile home permit for site plan approval was submitted, no approval shall be granted and no permit shall be issued until the required school impact fees set forth in the flee schedule have been paid.. . March 8, 2007 OFFICE OF THE $FARING EXA INTER CITY OF RENTON -Minutes APPLICANT/CONTACT: OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: . DEVELOPMENT SERVICES REPORT: I0B.)i1(yIV, rW_1;712 Johnathan Kurth Davis -Kurth Consulting 1201 Monster Rd SW, Ste_ 320 Renton, WA 98057 Minh Van Pham and Dan My Du Rainier Pacific Development 1618 S Lane Street Seattle, WA 98144 Galloway at the Highlands File No.: LUA 06-I38, PP, CU -A, SA -A, ECF 343 Union Avenue NE Approval to subdivide a 1.61 -acre site zoned Commercial Arterial, into individual lots for future development of a mixed- use building and townhouses_ Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on February 13, 2007. After reviewing the Development ScMces Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows:, 11 - The following minuses are a summary of the February 20, 2007 hearing The legal record is recorded on CD. The hearing opened on Tuesday, February 20, 2007, at 9:01 a.m in the Council Chambers on the seventh flaor of the Renton City Hall. Parties wishing to tastify were affirmed by the Examiner. The following exhibits were entered into the record: ExWbit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Nlap application, proof of posting, proof of publication and other documentation pertinent to this TMPMst F ,xhsirit No. 3: Zoning Exhibit No. A: Site Plan V Galloway at the Highlands P_, minaryPlat Pile No.: LUA-06-138, PP, CU -As SA -A, ECP March 8, 2007 Page 2 The hearing opened with a presentation of the staff report by Elizabeth Hig�ns, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98455. The request today is for preliminary plat approval, site plan approval, and conditional use permit. The project was originally submitted without the preliminary plat requests which is why it was assigned to be an administrative site plan approval. The preliminary plat raised it to Hearing Examiner review. Tl}.e project is located on Union Avenue NE and is about 1.6 acres, w=hich was developed in 1970 with a one- story grocery store and an asphalt parking lot. Subsequent uses to the grocery store included a discount food store and a succession of thrift stores. The site has been the same since its development with the building and the parking. The building is currently vacant- The acant The uses surrounding the property are commercial to the north and east, and multi -family residential to the west and single-family townhomes to the south_ There is a new City of Renton park, Heather Downs that is located to the south The area of the property is zoned Commercial Arterial (CA) with the exception of the park which becomes residential zoning. This property is located within the NE 41 Business District, there are specific limitations related to use and would limit on-site services on the property to Video Stores, Financial and Real Estate Services and Repair Services, excluding any automobile repair. The project was originally submitted as an all residential rase, the applicant was requested to re -design to include a mixed-use development on the east end of the property. The project now includes commercial and residential at the east end of the property and two mixed-use buildings on each side of the new street and a stand-alone residential at the back of the property. Townhouses would be built on the west end and apartment style condominiums over the commerci al and parking areas. The access to all of the units would be via a new public street that would terminate in a hammerhead at the west end. Approval of the project would result in the subdivision of the property into 22 'townhouse lots, 2 lots for the mixed use, 5 open space tracts located at the centra of the property on each side of the road and at the ends of the hammerhead, and a new public street coming off Union Avenue NE. The applicant requested and received approval for a 24 -foot wide public street, which was approved as long as curbs were rolled for emergency vehicle accommodation. The 22 -townhouse lots meet zoning requirements, they would be developed into 3 and 4 consecutively attached dwellings in six buildings. Each townhouse unit would have approximately 200 square feet of ground related outdoor space at the rear of the unit. The landscape tracts would provide almost 5000 square feet of open space E bit No. 5: Preliminary Plat MapUExhibif . 6: View of NE 3 Street frontage with e Exhibit 1\Tfl. 7. and Union View of commercial space at N 8: Building Cluster PIan Exhibit No. 9: Front Elevations Exhibit 10: Ri t and Left Elevations Exhibit No. 11: Rear Elevation 12, Aerial Photo 'a h of Area E Exhibit No, 13: Colored Rendering - I The hearing opened with a presentation of the staff report by Elizabeth Hig�ns, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98455. The request today is for preliminary plat approval, site plan approval, and conditional use permit. The project was originally submitted without the preliminary plat requests which is why it was assigned to be an administrative site plan approval. The preliminary plat raised it to Hearing Examiner review. Tl}.e project is located on Union Avenue NE and is about 1.6 acres, w=hich was developed in 1970 with a one- story grocery store and an asphalt parking lot. Subsequent uses to the grocery store included a discount food store and a succession of thrift stores. The site has been the same since its development with the building and the parking. The building is currently vacant- The acant The uses surrounding the property are commercial to the north and east, and multi -family residential to the west and single-family townhomes to the south_ There is a new City of Renton park, Heather Downs that is located to the south The area of the property is zoned Commercial Arterial (CA) with the exception of the park which becomes residential zoning. This property is located within the NE 41 Business District, there are specific limitations related to use and would limit on-site services on the property to Video Stores, Financial and Real Estate Services and Repair Services, excluding any automobile repair. The project was originally submitted as an all residential rase, the applicant was requested to re -design to include a mixed-use development on the east end of the property. The project now includes commercial and residential at the east end of the property and two mixed-use buildings on each side of the new street and a stand-alone residential at the back of the property. Townhouses would be built on the west end and apartment style condominiums over the commerci al and parking areas. The access to all of the units would be via a new public street that would terminate in a hammerhead at the west end. Approval of the project would result in the subdivision of the property into 22 'townhouse lots, 2 lots for the mixed use, 5 open space tracts located at the centra of the property on each side of the road and at the ends of the hammerhead, and a new public street coming off Union Avenue NE. The applicant requested and received approval for a 24 -foot wide public street, which was approved as long as curbs were rolled for emergency vehicle accommodation. The 22 -townhouse lots meet zoning requirements, they would be developed into 3 and 4 consecutively attached dwellings in six buildings. Each townhouse unit would have approximately 200 square feet of ground related outdoor space at the rear of the unit. The landscape tracts would provide almost 5000 square feet of open space Galloway at the Mgh]ands Prelfi—iary Plat File No.; LT -JA --06-138, PP, CU -A, SA -A; BCF March 8, 2007 Page 3 to the project. The 22 proposed townhouse units would have five different iioor plans and be three stories in height, which meets size and height requirements for this Zone. The two commercial projects would front on Union Avenue NE and be located in two 3 -story buildings, ane on each side north and south of the access street. Parking is located in the back of each building and is shared.with the condominium units. All pervious areas of the site would be landscaped - The Environmental Review Committee issued a Deternlination of Non -significance – Mitigated for the proj ect, which included six mitigation measures_ No appeals of the detemrination were filed, Fire, Traffic and Park Mitigation fees were imposed on this project The project is consistent with the 'Comprehensive Plan criteria for commercial corridor designations. It meets the requirements of the Community Design Element Policies and complies with the underlining Zoning Designation requirements, The density is 31.06 du/ac, which is within the allowed range for the Business District. Parking for the Townhouses would provide more than required by the zoning regulations. Guests will mast likely have to park on the driveway aprons or on Union Avenue NE. No parking would be allowed on the new 24 -foot wide street. If the commercial use is daytime only, there should be no parking issues. The corbmercial/miked-use is a requirement of the City, the applicant did not originally request it, in fact, questioned the economic feasr%ih'ty of commercial on what is essentially a dead-end street. fn addition there is minimum setback. along Union so that there is no opportunity to have parking for a commercial use that is just a "drive up, run in get a latte situafion_" There will be landscaping, however it has been requested that a homeowner's association be established to be suze-that theJandscapingic mnintsi td or_fbe rommon-arrzs-mdstreettrees– K�r_ees-were_damaged-for-any---- reason, the homeowrier's association would be iesponsible for replacing them The site is located within the Renton School District. The School District has indicated that they can accommodate the approximately 16 additional students. Public services can be provided readily, utilities are to the property and will be brought onto the property by the applicant. The proposed townhouses will provide housing to an area that still is seeing a lot of demand. It is located to the rear of a property that is configured in a long narrow manner that would reduce the visibility of commercial uses from Union Avenue NE, it is debatable whether or not the feasibility of the commercial that is actually located on Union Avenue will be sufficient to support the various uses that are allowed. The stand-alone residential at the rear of the property increases the likelihood of economic viability. The newer project that abuts this site to the south is townhomes of basically the same configuration as these there is no commercial on that property and the property to the west is all residential. The pedestrian connections are required to all abutting properties_ There is a possibility for a connection to the west, which is a parlflng area for the multi -family use, there can be corrections to the south although the abutting property is fenced along its north property line. They were not required to have connections. The streets are access easements on private property and again they are fenced at the ends of driveways that access the townhome:s. Galloway at the Highlands p. ,,,;naryPlat File No-: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 4 Tine project is subject to the urban design regulations and must meet the intent of various elements of the regulations. This does rrieci the intent of site design and street pattern, building location ,and orientation, building entries that are to be from streets, transition to surrounding development, and a service element location and design which would be private for the tow=nhouses and located in the parking garages for the commercial uses. This project does meet all requirtd. min r,n,,,,, standards required. One of the commercial buildings appears to be right along the property line, there does not seem to be room for a service lame in back of either building. There will be a fence between the rear open space and the property line except where the common open space is located. Johnathan Kurth, 1201 Monster Road SW, Ste. 320, Renton, WA 98057 stated that they agree with the planning department, there were some challenges in trying to make a long narrow site work and become economically viable. They have been pleased with the development of a good design - Mike Davis, 1201 Monster Road SW, Ste. 320, Renton, WA 98057 stated that be appreciated the fact that Tracts A and D should possibly be classified as open space. They had the same issues with the Cottages Plat in the same sense that opera space was not technically required but they labeled there as such, then it was very hard to get the use changed. They were hoping that they could put some -thing that stated the area as being "`non residential"_ Upon questioning by the Fxaminer, be stated that they would have preferred this site to be all residential. Kaaren Kittrick. Development Sen ices stated that all services are there, water, sewer and storm have been handled. This has been scrutinized so far tbat there have not been any problems. They are tending to go more in favor of public streets ratber than private driveways_ There is enough activity and the tendency is to go towards public streets so the City has more control, if it is a private road, the Renton Police do not have the jurisdiction --9ruthor�t} tS�gsapdppgng�rg ntles.Fire and Maintenance have been conce�ped about that. Darrell Offe, 13932 SE 1590' Place, Renton, WA 98058 stated that he wanted to try to answer the question regarding back of house services for the buildings to the north. Exhibits 4 and 5 show the survey of the actual edge of buildings to the northwest and northeast on the property line. The buildings are within feet of the property line_ The building on the east comes in on the upper part and that you can see on the cover sheet of the Staff Report. There are no back of house services to the building on Union_ On the building that comes off of 40i, this is basically a strip mal; of food services, little shops and there is a circle parking lot coming in off of 4's with no access to Union or into the subject property here today. There is no activity occurring at the back of these buildings, all activity is to the front of the buildings. The Examiner called for further testimony regarding this project, There was no one else wishing to spear and no further comments from staff, The hearing closed at 9.56 a.m. FINDINGS, CONCLUSIONS & RECOMII'LENDATION Having reviewed the record in this master, the Examiner now makes and enters the following FINDINGS: 1. The applicant, Johnathan Kurth, filed a request for a series of approvals for a mixed --use complex. 'Phe approvals sought are for a Preliminary Plat, Conditional Use and Site Plan. Galloway at the Highlands PrelirA_Iary Plat File No.: LUA-06-138, PP, CIJ-A, SA -A, ECF March 8, 2007 Page 5 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the Citys responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4_ The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at 343 Union Avenue NE. The subject site is Iocated on the west side of Union Avenue a few parcels south of NE 4th Street. 6_ The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Commercial Corridor uses, but does not mandate such development without consideration of other policies of the Plan. 7. The subject site is currently zoned CA (Commercial Arterial). S. The subject site was annexed to the City with the adoption of Ordinance 2249 enacted in June 1966, 9. The subject site is approximately 1.61 acres or 69,959 square feet. The rectangular parcel is) 65 feet wide (north to south) along Union and 424 feet deep. 10. The site is flat. It contains no critical or sensitive areas and no significant trees. 11. A vacant, 17,640 square foot building and surrounding parking lot are located on the subject site_ It had been used as a grocery store and.thrift shop at one time. 12. The applicant proposes developing a mixed-use complex consisting of freestanding attached tov,n Omes and condominiurn units over retail or commercial spaces. The buildings would flank an east -west street that runs through. the center of the site. The building facades would more or I= mirror each other across the new roadway. There would be two buildings Iocated along Union with one north and one south of the new street These two buildings would contain commercial spaces on the ground f]oor at Union and seven (7) condominiums above the commercial spaces and three townhomes west of the commercial/wndorniuium section. Interior parking would be located between the mixed-use component and the to Amhomes. To the rear or west of those buildings would be six buildings, with three north and three south of the new street. These buildings would be townhomes in 3 -attached and 4 - attached arrangements. 13. The applicant proposes dividing the subject site into 24. lots and 5 tracts. Twelve lots would be located along the north side of the new access road and twelve lets would be located on the south side of the roadway. One tract would be a decorative, circular, traffic island in the center of the road about halfway in from Union Avenue. Two open space tracts would be located north and south of the traffic island Two additional open space tracts would be located at the extreme northwest and southwest earners of the plat, adjacent to what wr11 be a hammerhead turnaround. 14_ Twenty-two (22) lois for townhomes will range in size from 1,275 square feet to 1,477 square feet The townhomes would be three stories and contain a variety of floor plans ranging in size from 2,017 square feet to 2,125 square feet They would each have 200 square feet of outdoor space at the rear of each building. They would each also contain garages. ' Galloway at the Highlands P. minaryPlat File No.. LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 6 15. The corner lots, the ones containing the mixed-use commercial and residential uses, would be 8,220 square feet (north of the street) and 8,274 square feet {south of the street). Fourteen units or seven in each corner building will consist of two and three bedroom condominiums that would be located above the corner commercial uses. There would be shared parking for the residential and commercial uses located to the rear (west) of the ground floor commercial uses. M. As noted above, the buildings on the north will generally mirror the buildings on the south side of the street. Running east to west, on each side of the street the commercial building will be attachcd to a triplex of townhomes. Then there will be open space (north and south of the traffic circle) followed by a fourplex of townhomes, a narrow yard and another fourplex of townhomes. The buildings will vary in height but all buildings will be 3 -stories high with peaked roof and gable treatments. There will be modulation and entrance porches and decks along the facades. The commercial facades mill be located a]ong the street frontage. 17. Access to the site will be from anew east to west roadway_ A modification has been granted to allow the access road to be 24 feet wide and have rolled ctn-bs. The rolled curbs are intended to allow emergency vehicles to maneuver in and around the traffic island or temporarily stopped vehicles. The road will end in a hammer cad turnaround_ Curbs and 6 -foot wide sidewalks with tree grates would be located in easements in the front yard of each lot_ The roadway could be ex -tended to the west depending on development proposals west of the subject site. 18. The proposed layout of this mixed-use complex makes use of various exceptions, district overlays and conditional use permit approvals. Apartments, whether rental or condominium ownership are permitted in mixed use buildings when the ground floor commercial space is at least 30 feet deep. A Conditional Use Permit is required for standalone townhome units constructed in the commercial coni dor along Union Avenue if they do not contain commercial space. A Conditional Use Permit showing that they meet That permit's criteria is required. The District Overlay for NE 4th Street requires certain design features including modulation and facade treatment While the CA zone permits a wide range of commercial uses, the NE 4th Street Business District Overlay restricts uses to things such as entertainment rental, financial and real estate services and small. -scale repair businesses but not automobile repair. 19. The density for the NE 4th Street Business District and the CA zone permits a minimum density of 10 units per acre to a maximum of 60 units per acre when in a mixed-use project. This development would be 31.06 dwelling units per acre after subtracting approximately 19,471 square feet for roadways. The density is calculated for the number of dwelling units (36) and not the number of proposed lots (24). .20. The subject site, is located within the Renton School District- The project is expected to generate approximately 16 school age children. These students would be spread across the grades and would be assigned on a space available basis. 21. The development will generate increased traffic over the current vacant property. 22. The existing lot has more open space but wiH have less impermeable area after redevelopment An analysis found that the proposal is exempt from detention and water quality treatment. 23 Sewer and domestic water will be provided by the City and services zre available along Union Avenue. These services will have to be extended into the project site. Galloway at the Highlands Preliv —iary Plat File No.: LUA--06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 7 CONCLUSIONS: Preliminary Plat I. Tht proposed Preliminary Plat appears to serve the public use and interest. The proposed plat will permit a mix of uses on a commercially zoned parcel- The plat would divide the subject site to allow individual ownership of smaller townhome lots on the interior of the site while creating two. larger lots for mixed-use commercial and residential uses along Union Avenue NE. This division will meet the goals and policies of the comprehensive plan for commercial and urban mixed-use developments along and adjacent to irT 4th Street. 2_ The plat will provide an opportunity to own homes with individually owned ground floor open space but smaller, limited yards for those who do not want large yards and extensive maintenance responsibilities. The larger lofts will provide both commercial services immediately adjacent to the residential component', hopefully providing needed urban services that reduce the need for extra vehicle trips, and residential condominium ownership opportunities, again, providing ownership opportunities rather than rental opportunities for housing. 3. The redevelopment of this underutilized site will add to the tax base of the City. Tice ERC imposed mitigation fees to help offset the impacts of this additional development on existing City services_ The additional impacts such as noise and traffic were anticipated when the property was designated for commercial arnd potential mixed use in the comprehensive plan and when zoning was applied allowing such uses. 4. The lots are rectangular and will be served by a public street. The plat provides open space components providing breaks in the building facades and relief from. buildings that are otherwise very close to the street. The plat appears to have reasonable access for residents and a hammerhead turnaround for emergency vehicles. The traffic circle provides an element of additional visual interest as well as providing a limitation to excessive speed on a narrow roadway. 5. There are suitable facilities to serve the site with water and sewer utilities_ Conditional Use Permit 6. Norms 11y, residential buildings located along Union Avenue in the NE 4th District must be attached to or included within buildings containing a commercial component. "Standalone' residential buildings may be permitted by conditional use permit along Union Avenue NE. The intent is to make sure that residential uses do not displace the favored commercial uses in the CA zonae. In this case, the applicant and staff agree that the lack of commercial exposure for portions of the lot interior to Union Avenue would be unsuitable for commercial use. 7. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 431-36 (C), which provides in part that a. The proposal generally conforms to the Comprehensive Plan; b_ There is a general community need for the proposed use at the proposed location; C. There will be no undue impacts on adjacent property; Galloway at the Highlands I_ nainary Plat File No.: LUA-06-13$, PP, CU -,k 5A -A, ECF March S, 2007 Page S d. The proposed use is compatible in scale with the adjacent residential uses, if any; C, Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h_ Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and i. Adequate public services are available to serve the proposal. The requested conditional use appears justified. Themixed-use proj ect appears to comply with the goals and policies of the Commercial Corridor designation in the comprehensive pian. The proposal will contain commercial uses along Union but develop them in conjunction with both attached residential uses above and west of the commercial uses. The interior of the site of this narrow site was considered unsuitable far additional commercial uses and urban goals suggest a mix of commercial and residential uses to provide convenience for the residents and a built-in clientele for the commercial uses. 9. The CA zoning permits residential uses in consort with commercial uses and permits standalone residential units in the CA zone. The proposed townhomes appear suitable and are permitted by the underlying zoning. 10. The applicant has described a demand for this type of housing and the City's policies appear to support such uses. The site is somewhat removed from the heavily traveled NE 4th corridor and Union itself is not a through street, limiting the passersby on that street. III There are a variety of uses adjacent to the subject site. The proposal will provide a transition between the higher intensity commercial uses along NE 4th and the single-family and other residential uses adjacent to the site. The buildings are scaled similarly to single-family uses and commercial uses could actually be taller in some cases. The modulations in facades and rooflincs as well as the setbacks provided by the included rear yard open space would also aid in the transition between commercial, larger buildings and these residential uses and the less intense nearby residential uses. 12, Parking -%U be contained in individual garages as well as common garages and will not encroach into yard space. The narrow street will not support parldng and will be kept clear for general and emergency access.. Sidewalks will separate pedestrians from vehicles. 13. Aside from the short-lived construction noise, there will be the normal hubbub associated with residential development and low -scale, low intebsity,commerdial uses. Tire= will be additional traff c but local streets should be able to handle the additional load and the applicant will be contributing mitigation fees to help offset some traffic impacts. 14. The project appears to be well landscaped and Code requires compliance with certain criteria making sure that ftie proposal will fit in with the community_ Galloway at the Highlands Prelijl. Lary Plat File No.: LUA-06-138, PP, CU -A, SA -A, EC) March 8, 2007 Page 9 15. As noted, the site is served by City infrastructure for -,eater and sewer, service, 16. In addition, Section 4'-9-030(x) provides additional criteria for standalone uses. These criteria in summary contain the following guidance: Stand-alone residential use may not be Iocated wifain 150 feet of an adjacent or abutting arterial street. This includes Sunset Bou]evard, Duvall Avenue, Anacortes Avenue, or Union Avenuc in m the Sunset Business District; NB 4 Street, Union Avenue, or Duvall Avenue in the NE 4 Street Business District; and Puget Drive, or South Benson Road in the Puget Drive Business District, as shown on the Business District Maps in RMC 4-3-040. A mix of cornrnercia], service, and residential uses exist within a 150 -foot radius of the proposed residential use, .Commercial use of the property is not feasible for reasons including, but not limited to: lack of commercial frontage, lack of access, critical areas and/or critical area buffers, or properly configuration, Residential use will augment the primary purpose of the commercial ateria1 0ne by adding a pedestrian oriented land use that provides a physical conncztion between residential and commercial uses. The use provides a transition'between commercial and lower density R-10 and R-8 zoned areas and provides a visual, pedestrian, and vehicular connection from the residential zoned areas to the Commercial Arterial zoned areas_ Development standards from RMC 4-3-04OF ["Development Standards for Uses Located Within the Nortberst Fourth Street.. -Business District") are met unless the applicant opts for a planned urban development, subject to RMC 4-9-150. Pedestrian connection standards from this section must be met without modification. 17. The standalone uses are approximately 230 feet from Union and fall outside of the 150 -foot prohibited arei�aiis�xetri,ercils Y�fie��ic� nig f�nion while the ess expose mter�ual portion of� the site will be providing housing. There are commercial uses within 150 feet of the proposed residential uses. As noted, the applicant did not believe commercial uses would be viable in this location and cited the failed prior uses of the site, the lack of commercial.exposure and the limited traffic along Union south of NE 4th Street. The applicant did, although reluctantly, add mmmercial rises along Union- The residents could prove to be customers of the commercial uses at the site and along NTE 4", north of the site. The residential uses do provide a reasonable transition between more intense commercial uses and the artmial traffic carried along NE e and the less intense residential uses south of the site. Abrupt transitions between commercial uses and single family residential uses do not always prove popular due to noise and other nuisance issues. Site Plan 18. In addition to the proposed plat and the fact that the proposed use requires a Conditional Use Permit the subject site is also subject to Site plan Review although in some cases the criteria mirror some of those already consida-od in the other reviews. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generaEy represented in part by the following enumeration: a. . Conformance %0th the Comprehensive Plan; Conformance with the Building and Toning Codes; C. Mitigation of impacts on surrounding properties and uses; Galloway at the Highlands I- .urinaryP]at File No,: LUA-06-135; PP, CU -A, SA -A, ECP' March 8, 2007 Page 10 d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; f. ProAsion for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h- Adequacy of public senices to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 19. The proposal conforms to both the goals and policies of the cordprehensive plan as well as the CA Zoning regulations. The mixed-use commercial component as ,ell as the interior townhomes are permitted since the buildings feature the appropriate design features and are appropriately located in juxtaposition to Union and NE 4th Street and its other commercial uses. 20. The buildings are appropriately scaled for the CA zone and for their locations on the subject site. The commercial .components comply with the 50 -foot height limits while the residential buildiags comply vhth the 35 -foot height limits imposed in the CA zone_ 21. The proposal contains buildings that close on the street but contain modulations and design features such as peal -.:,d roofs, decks and porches that pro)ride visual interest There is open space included in the lots as well as common open space near the center of the project aswell as open space near the end of the roadway. There should be sufficient light and air although the narrow street will be somewhat limiting. 22. The confined nature of the protect on a narrow lotshould not adversely affect neighboring properties. There will be rear yard setbacks created by the open space providing separation from ad j acent uses. 23. The road and sidewalks provide reasonable circulation for residents both in vehicles and on foot. Emergency access has been accommodated on the narrow street with rolled curbs and the hamraerhcad turnaround. Pedestrian connections to adjacent property are limited by existing development patterns in those areas. Code limits parking to l .75 stalls per unit while the applicant has proposed 1.78 stalls. The additional parking is anticipated to provide shared parking for the residential units and the commercial units in the two mixed use commercial -residential buildings and due to the fact that on -street parking will be limited due to the narrow street. 24. As noted, the site is served by City utilities, which are available along Union. They would be extended into the new street to serve the properties zntenor to Union. District B Urban Center Design Criteria 25. Again, many of these criteria mirror those already reviewed but there are some specific criteria, In summary, the criteria are: Galloway at the Highlands Preffiwnary PIat File No.: WA -06-138, PP, CU -A, SA -A, ECP March 8; 2007 Page 1 I I . create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses; maintain existing grid street pattern_ 2. provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street; orient Buildings to the street with clear connections to the sidewalk 3. ensure that building entries furt3rer the pedestrian nature of the fronting sidewalk and the urban character of the district; primary entrance of each building shall be located on the fagade facing a street, 4. redevelopment projects respect the chars cter and value of Renton`s long-established, existing neigbborhoods are preserved, achieve a compatible transition where new buildings differ from surrounding development 5. reduce the potential negative impacts of service elements (i.e., waste receptacles, loading doeks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. 6. incorporate ZTarious modes of transportation, including public mass transit; in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided T maintain a'contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian - oriented streets; parking lots and garages shall be accessed from alleys when available. S. have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in convenient locations; and provide the Opportunity for community gatbering in places centrally located and and to encourage such activity. 9. landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelim and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community; street trees are required and shall be between the curb and buildings, 10. recreation areas and common open space be provided; equal to 150 square feet per unit of which. 100 square feet are contiguous. Such space may include porches, balconies, yards, and decks. 11. ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting; facades shall include modulation or articulation; untreated blank walls visible from public streets, sidewalks. or iDterior pedestrian pathways are prohibited; use materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to tate neighborhood. 26_ The proposal would provide anew right-angle street intersecting Union but due to existing development currently there would be no continuation of a street grid pattern_ The new streef could be continued west at some point in the future. Similarly, constraints on the site prevent the use of alleys. The lot is too narrow to provide alleys and even the maze street has been reduced in width due to that constraint. Pedestrians will be accommodated on sidewalks and parking will: occur in garages and not in front of either the residential or commercial b ildhags. Pedestrians will be able to circulate within the complex, to the proposal's commercial spaces and to the NE 4th Street corridor. 27. Landscaping and building design features will be used to reduce the apparent bulk of the buildings and avoid a "looming" affect over the streetscape. Landscaping will be provided along the street and in the open space areas. The complex provides a mix of public and private open spaces. Open space areas will proride recreational opportunities as well as providing landscape relief. The buildings have porches and other articulations and modulations as well as variedroof}ines to improve appearance. The exterior treatment will provide definition and the facades of opposing units will mirror one another providing some symmetry coupled with the articulation and modulation differences. Galloway at the Highlands P. urinary Plat File N7o.: LUA-06-138, PP, CU -A, SA -A, ECF March. 8, 2007 Page 12 28. In conclusion, the proposal is modest in size but contains a number of complex elements including commercial spaces, shared parking, condominium and townhome oNTmersMp opportunities, narrow streets, open space and traffic island. The project should appeal to those seelang urban living and residential ownership. RECOAQVIENDATTON AND DECISIONS: The City Council should approve the Preliminary Plat and this office approves the Site Plan and Conditional Use Permits subject to the following conditions: 1. The applicant shall comply with aI1 requirements of the Detmrainationof Non -Significance - Mitigated that was issued by the Environmental Review Committee on January 23, 2007. 2. Demolition permit shall be obtained and all inspections completed on the demolition of the existing building prior to Final Plat approval. 3. A Homeowners' Association small be created concurrently with the recording of the Fina] Plat in order to establish maintenance responsibilities for the landscaped open space tracts. A draft of the documents) shall be submitted to the City of Renton Development Services Division for rewriew and approval by the City Attorney and Property Services section prior to the recording of the Final Plat 4. A landscape plan sbal] be submitted, meeting the standards of RMC 4-4-0170, "Landscaping." Approval by the Development Services Department of a conceptual landscape plan shall be a condition of Site Plan Review. Submittal of a final landscape plan shall be required prior to Final Plat approval. 5. The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. - ORDERED THIS 8' day of March 2007. l a i TRANSMIT I'ED THIS 8" day of March 2007 to the parties of retard: Elizabeth Higgins 1055 S Grady Way Renton, WA 98055 Johnathan Kurth 1201 Monster Road SW, Ste. 324 Renton, WA 98057 Darrell Offe 13932 SE 159"'Place Renton, WA 98058 Kayren Rattrick Mike Davis Don Malctta 1055 S Grady Way 1201 Monster Road SGV, -Stz: 320 345 Union Avenue NE Renton, WA 98055 Renton, WA 98057 Rcntorr, WA 98059 Galloway at the Highlands Prelil—iary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2407 Page 13 Pham Ming Van & Dan My Du Stephen. Northcraft 1618 S Lane Street 4209 SE 34 Place Seattle, WA 98144 Renton, WA 98059 'TRANSMITTED THIS 8'' day of March 2007 to the following: Mayor Kathy Keolker Tay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zi.rnmen=4 PBPW Administrator Alex Pietsch, Econonuc Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Larry Rude, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Tit]e N, Chapter 8, Section IOOGofthe City`s Code, request for reconsideration must b_e filed in 'writin r on or before 5:00 p.m., March 22, 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact3 error in judgment, or the discovery of new evidence which could not be reasonably available at the prior bearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. 111i_c request sball set forth the specific ambiguities or errors discovered by such appellant,. and the Examiner may, after review of the record, take further action as he deems propex. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. —Gapies-o-f-tl3is-�rdjxanseare-a�ilab#e-for-inspeetior��rpnrelrase-irrtfie-Finance-DePar��xst-floar Hall. of�ity.— An appeal must be filed in wrif;n_g on or before S:00 p.m., March 22, 2007 If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will he re aired prior to approval by 011 Council or finELRrocessinE, of the file. you may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte {private one -0n --one} communications may occur conccming pending 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 coinmtmications concerning the proposal must be. made in public. This public communication 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 heating but to all Requests for Reconsideration as well as Appeals to the City Council. Project Location_ 343 Union Avenue NE t,5 - ! '1'z3N t25E E 1/2 L4tLhSt- —' C A j l; C A 5_ :i 4th S[ CA CA CA CA R --g i C CA --`S17E�---fill �f -. 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I 9'PnL, I I n 07 r I' 3 I I 1111JJ g _ r- co _ tip 4 Q i OO co o ri [ Ems `� L d W 6 r b 31U -3AV vm d i1! 1IT Itm i. S_ R II I 1 1 r CVT-' lIII` �r •n ID $ From: Neil R. Watts [mailto:Nwatts@Rentonwa_gov] Sent. Thursday, August 19, 2010 1:56 PM To: mike@thereoservices.com Cc: 'Jonathan Bartels'; heathezig@comcast.net; ran A. Conklin; Chip Vincent Subject: RE: School hnpact Fees for Galloway at the Highlands Mike Sorry for the long delay in responding. The code provisions regarding the assessments of school impact fees was revised by City Council last March, removing any language which established any vesting for the school impact fees. The fee is not vested by land use approvals, and any building permit is subject to the school impact fee in place at time of issuance. Following is the current code language on this topic. E. ASSESSMENT OF IMPACT FEES: 1. The City ,shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking building permit approval from the City for dwelling units located within the District's boundaries. 2. For any fee that has been paid through King County, the remainder of the impact fees shall be assessed and colIected from the lot owner at the time the building permits are issued, using the fee schedule then in effect. 1f no paynient was made through King County; then the entire fee will be due and owing at the time building permits are issued. 3. For all new dwelling units, the total amount of the impact fees shall be assessed and collected from the applicant at the time of building permit issuance, using the fee schedule then in effect. No pen it shall be issued until the required school impact fees set forth in the fee schedule have been paid. (Ord. 5532, 3-8-2010) Neil Watts, Director Development Services Division From: Mike Bauer[inailto:mike@thereoservices.coin] Sent: Friday, July 02, 2010 8:48 AM To: Neil R. Watts Cc: 'Jonathan Bartels'; heatheng@comcast.net Subject: School Impact Fees for Galloway at the Highlands Dear Mr. Watts, We received your name from Ms. Jan Conklin as to be the person to contact regarding a fee charged this week. Attached is the Building Permit Receipt for Permit # B070401. The project had received preliminary approval before January 17, 2010 and we anticipated the school impact fee schedule to have been vested prior to that date. Also attached is Vesting ordinance 4.1.160E City of Renton Municipal Codes to identify where we got that idea: Although the fee was paid at time of permit, we would like to go on record that it was done so under protest_ Lo If there has been a new ordinance adopted that overrides this code or an error in our interpretation, please let us know where that information may be found. Thank you for your time in this matter. Respectfully, Mike Bauer Cell: 425-495-6112 Office: 253-881.3034 Ln cft ex} es i_ N N N - N N N M - c? N N '�t CD N m N to t!3 U� Iq C7 CD CC) Cr - - [q r Ct tQ O O O O ti tri_ N. o? M m C D -- O .' [o r r- N O)- N N- r N N W W LL m CCS @ m m M) co co co . Cn . co M. co ' co I-- Lf) H C C C E9 N3 EA' Sf} 64 63 b3 Efl EA 4A 4t} O O O Q O O- O C> O -4: .Q O O O O O-' 0 0 0 0 0 0 0 O O; O .O- O O O. O_ CD O- O O U O CD 00 OD 00 O O' .- Q p.. 0- O - - p' O' O O O N 64 1S? 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Amends ORD 4722 Amended by ORD 5104 , 5263, 545Q 5532 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4 8 0 8 AN ORDINANCE OF THE CITY OF RENTON ADDING A NEW SECTION ENTITLED "SCHOOL IMPACT MITIGATION FEES" TO TITLE 4 (DEVELOPMENT REGULATIONS), OF ORDINANCE 4260 ENTITLED "CODE OF GENERAL ORDINANCE OF THE CITY OF RENTON, WASHINGTON" AUTHORIZING THE COLLECTION OF SCHOOL IMPACT FEES FOR ISSAQUAH SCHOOL DISTRICT NO. 411; PROVIDING FINDINGS AND DEFINITIONS; PROVIDING FOR IMPACT FEE PROGRAM ELEMENTS AND FEE .CALCULATIONS; PROVIDING FOR FEE ASSESSMENTS; PROVIDING FOR EXEMPTIONS, CREDITS, APPEALS, .AND INDEPENDENT CALCULATIONS; PROVIDING FOR THE IMPACT FEE ACCOUNT, USES OF FUNDS, AND REFUNDS; AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE 'ISSAQUAH SCHOOL DISTRICT NO. 411; PROVIDING FOR THE SUBMISSION OF THE DISTRICT'S CAPITAL FACILITIES PLAN; PROVIDING FOR AN ANNUAL REVIEW OF THE FEE SCHEDULE; AND PROVIDING FOR CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. THE CITY COUNCIL OF THE CITY OF RENTON, WASEWGTON, DO ORDAIN AS FOLLOWS: SECTION L A new section 4-1-160 entitled "School Impact NFtigation Fees" is hereby added to Title 4 (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington' for the collection of school impact fees and provision for certain other matters in connection therein to read as follows: SECTION 4-1-160 SCHOOL DdPACT MITIGATION FEES SECTION - 4 -1-160-A, Findings and Authority. 4-1-160-13: Delmidons. 4-1-160-C: Impact Fee Program Elements. 4-1-160-D: Fee Calculations, 4-1-160-E: Assessment of Impact Fees. u ORDINANCE No. 4 s o 8 4-1-160-F: Exemptions and Credits. 4-1-160-G: Appeals and Independent Calculations- 4-1-160-11. alculations_4-1-160-H: The Impact Fee Account, Uses of Impact Fees, and Refunds. 4-1-160-I: Interlocal Agreement - 4 -1-160-1. Adoption of the District Capital Facilities Plan and Submissions of the Annual Updates and Report and Data, 4-1-160-K: Review. 4-1-160-I.: Special City Fund Created. 4-1-160-M City Not Responsible. 4-1-160-N: Severability. 4-1-1.60-A: FINDINGS AND AUTHORITY. The City Council of the City of Renton (the "Council") hereby finds and determines that new growth and development in time City of Renton will create additional demand and need for. school facilities iii the Issaquah School District, and the Council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. Therefore, pursuant to Chapter 82.02 RCW, the Council adopts this title to assess school impact fees for the Issaquah School District. The provisions of this title shall be lriaeraIly construed in order to carry out the purposes of the Council in establishing the school impact fee program 4-1.-160-B: DEFINITIONS. The following words and terms shall have the following meanings for the purposes of this title, unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or given their usual and customary meaning, 1. "Capital Facilities plan" means the District's Capital Facilities Plan adopted by the School Board consisting ofi 2 ' ORDINANCE No. 4 8 0 8 a_ a forecast of future needs for school facilities - based on the District's enrollment projections; b_ the long-range construction and capital improvements projects of the District; C. the schools under construction or expansion; d. the proposed Iocations and capacities of expanded or new school facilities; e. at least a six year Financing Plan Component, updated as necessary to maintain at least a six-year forecast period, for financing needed school facilities within, projected fiuuhng levels, and identifying sources of financing for such purposes, including bond issues authorized by the voters and projected bond issues not yet authorized by the voters; and £ any other long-range projects planned by the District. 2 "City" means the City of Renton, King County, Wasbington. 3. "Classrooms" means educational facaies of the District required to house students for its basic educational program The classrooms are those facilities the District determines are necessary to best serve its student popuia.tion. Specialised facilities as identified by the District, inchuling but not limited to gymnasiums, cafeterias, libraries, administrative offices, and child care centers, shall not be counted as classrooms. 4. "Construction Cost Per Student" means the estimated cost of construction of a permanent school facility in the District for the grade span of school to be provided, as a function of the District's design standard per grade span and taking into account the requirements of students with special needs. 3 ORDINANCE NO. 4 8 a 8 5. "Design Standard" means the space required, by grade span, and taking into account the requirements of students with special needs, which is needed in order to fulfill the educational goals of the District as identified in the District's Capital Facilities Plan. 6. "Developer" means the person or entity who ovens or holds purchase options or other development control over property for which development activity is proposed. T "Development Activity" means any residential construction or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. 8. "District" means the Issaquah School District No. 411, King County, Washington. 9. "Elderly" means a person aged 62 or older. 10. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, ox other liabilities incurred for public facilities. Tee c e .means lVe schedWe set forth as Attachment B to this ordinance indicating the standard fee amount per dwelling unit that shall be paid as a condition of residential development within the City. 12. "Grade Span" means the categories into which a District groups its grade of students, i,e., elementary school, middle or junior high school, and high school. 13. "Interlocal Agreement" means the interlocal agreement by and between the City of Renton and the Issaquah School District as authorized in section 9 herein. 14. "Permanemt Facilities" means the facr"ldes of the District with a wed foundation which are not relocatable facilities. 0 ORDINANCE NO. 4 8 0 8 15. "Re -locatable Facility" means any factory -built structure, transportable in one or more sections, that is designed to be used as an education space and is needed to prevent the overbuilding of school facilities to meet the needs of service areas within the District, or to cover the gap between the time that families move into neve residential developments and the date that construction is completed on permanent school facilities. 16. "Relocatable Facilities Cost Per Student" means the estimated cost of purchasing and siting a relocatable facility in the District for the grade span of school to be provided, as a function of the District's design standard per grade span, and taking into account the requirements of students with special needs. 17. "Site Cost Per Student" meaa3.s the estimated cost of a site in the District for the grade span of school to be provided, as a function of the District's design standard per grade span, and taking into account the requirements of students with special needs, 1$. "Standard of Service" means the standard adopted by the District which identifies the program year, -the -class size by grade span, and taEEg ii to account tie requirements of students with special needs, the number of classrooms, the types of facilities the. District believes will best serve its student population, and other factors as identified by the District. The District's standard of service shall not be adjusted. for any portion of the classrooms housed -in relocatable facilities which are used as transitional faezlities or for any specialized facilities Housed in relocatable facilities. Except as - otherwise defined by the School Board pursuant to a Board resolution, transitional facilities shall mean those facilities that are used to cover the time required for the construction of permanent fae11$ies, provided that the District has the necessary fmancial Commitments in place to complete the pennanent facilities called for in the Capital F.,Efties plan. 5 ORDINANCE NO. 4 8 D 8 19. - "Student Factor" means the number derived by the District to describe bow many students of each grade span are expected to be generated by a dwelling unit. Student factors shall be based on Distract records of average actual student generation rates for new developments constructed over a period of not more than five (5) years prior to the date of the fee calculation; provided that, if such information is not available in the District, data from adjacent districts, districts with similar demographics, or countywide averages may be used_ Student factors must be separately determined for single-family and multi -family dwelling units, and for grade spans. 4-1-160-C: IMPACT FEE PROGRAM ELEMENTS. 1. Impact fees will be assessed on all residential development activity in that portion of the City located within the District's boundaries based on the provisions of section E herein. Z. The impact fee imposed shall be reasonably related to the iuzpact caused by the development and shall not exceed a proportionate share of the cost of system improvements that are reasonably related to the development. 3. The impact fee shall be based on a Capital Facilities Plan developed by the District and approved by the School Board, and adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan. 4-1-150-1): FEE CALCULATIONS. 1. Separate fees shall be calculated for single fanuly and multi family dwelling units, and separate student generation rates mu. t be determined by the District for each type of dwelling unit For purposes of this ordinance, mobile homes shall be treated as single family dwelling units and duplexes shall be treated as multi fHmity dwelling units. 2. The fee calculations shall be made on a . district -wide basis to assure maxmm utilization of all school facilities in the Distract currently used for instructional purposes. 6 ORDINANCE NO. 4 8 0 8 3. The formula in Attachment A provides a credit for the anticipated tax contributions that would be made by the development based on historical levels of voter support for bond issue in the District. 4. The District may provide a credo for school sites or facilities actually provided by a developer which the District finds to be acceptable as provided for in section F herein. 5. The City Council may adjust the fee calculated under this section, as it sees frt, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy leveels, and the percent of the District's Capital Facilities Budget which will be expended. locally. For purposes of the initial fee, the City Council establishes that fee as $2,937.00. 4-1-160-E: ASSESSMENT OF EMPACT FEES. 1. The City shall collect school impact fees, established by this ordinance as adjusted from time to time, fxom any applicant seeking development approval from the City for dwelling units located within the District's boundaries where such development activity requires final plat or PUD approval or the issuance of a residential building permit or a mobile home permit, 2. For a plat or PUD applied for on or after the e$ective date of this ordinance, the impact fees due on the plat or the PUD shall be assessed and collected from the applicant when . the building permit for each dwelling unit is issued, ilCl the fee schedule in effect when the plat or PUD receives preliminary approval. Residential developments proposed for short plats shall not be governed by this subsection, but shall be governed by subsection 4 below. 3. If, on the effective date of this ordinance a plat or PUD has already received preliminary approval through King County, but then if any of the fee has been paid thmugh King County, the remainder of the impact fees shall be assessed and collected from the lot owner at the 7 ORDINANCE NO. 4808 time the building permits are issued, using the fee schedule then in effect at the time of preliminary plat approval. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are issued. K on the effective daft of this ordinance an applicant has applied for preliminary plat or PUD approval, but has not yet received such approval, the applicant shall follow the procedures set forth in subsection 2 above. 4. For existing lots or lots not covered by subsection B above, applications for single- family, mobile home permits, and site plan approval for mobile home parks proposed, the total amount of the impact fees sball be assessed and collected from the applicant when the building permit is issued, using the fee schedule then in effect. Irrespective of the date that the application for a building permit or mobile home permit or site plan approval was submitted, no approval shall be granted and no permit shall be issued unto the required school impact fees set forth m the fee schedule have been paid. 4-1-160-F: EXEMPTIONS AND CREDITS. -The fo46wing s1�a31 be exempt from the application of impact fees - - - - - - a_ any form of housing exclusively for the elderly, including nursing homes and retirement centers, so long as these uses are maintained in perpetuity and the necessary. covenants or declarations of restrictions are recorded on the property to ensure that no children will reside in the development; or b. the replacement of the same number of dwelling units at the same site or lot when such replacement occurs within twelve (12) months of the demolition or destruction of the prior structure, or a ORDINANCE NO. 4 8 0 8 C. alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed; or I any development activity that is exempt from the payment of an impact fee pursuant to RCW 82.02.100, due to mitigation of the same system improvement under the State Environmental Policy Act; or C. any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or. improvement of school facilities pursuant to a preliminary plat or PUD approval prior to the effective date of this ordinance, unless the terms of the plat or PUD approval provide otherwise; or f any development activity for which school impacts have been mitigated by the payment of fees, dedication of land, or construction or improvement of school facilit=ies pursuant to a voluntary agreement entered into with the District prior to the effective date of this or ce, s e terms o agreement provide otherwise. 2. Any credit shall be the responsibility ofthe District, and shall be independent of the fees collected by the City. The burden of establishing such credit shall be on the party seeking the credit. Proof under subsection 3 shall include such things as a receipt or cancelled check, 3. After the eMetive date of this ordinance, and if the development activity is not exempt from impact fees pursuant to subsection 1 above, the developer shall receive a credit from the District for any payment trade for the lot or development activity in question, either as a condition of development approval or pursuant to the terms of a voluntary mitigation agreement. 'The fee amount due on the development activity shall be reduced by the amount of the credit. ORDINANCE No. 4 8 0 8 4. After the effective date of this ordinance, the developer can request that a eredit or credits be awarded by the District for the value of dedicated land, improvements, or construction provided by the developer. The District shall first determine the general suitability of the land, improvements, and/or construction for District purposes. Second, the District shall determine whether the land, improvements, and/or the facility constructed are McMded within the District's adopted Capital Facflifies Plan or the Board of Directors for the District may make the finding that such land, improvements, and/or facilities would serve the goals and objectives of the Capital Facilities Pian of the District. The District shall forward its determination to the City, including cases where the District determines that the dedicated land, iEnprovements, and/or construction are not suitable for District purposes. ? 5. For each request for a credit or credits, if appropriate, the District shall select an appraiser from a list of independent appraisers. The appraiser shall be directed to determine for the District the value of the dedicated land, improvements, or constriction provided by .the developer on a case-by-case basis. The developer shall pay for the cost of the appraisal. — — 6. After receiving the appraisal, the District shall provide the developer with a letter or certificate setting forth the dollar amount of the credit.; the reason for the credit,, where applicable, the legal description of the site donated, and the legal description or other adequate description of the project or development to which the credit may be applied The applicant DMA sign and date such letter or certificate mdicating his/her agreement to the terms of the letter or certificate, and. return Bich signed document to the District before the City will award the impact fee credit. The failure of the applicant to sign, date, and return such document wdm sixty (60) calendar days shall nullify the credit. 10 ORDINANCE NO. 4 8 0 8 T Any claim for credit must be made no later than twenty (20) calendar days after the submission of an application for a building permit. 4-1-160-G: APPEALS AND INDEPENDENT CALCULATIONS. 1. Aber the City has collected fees -under this ordinance, the District may adjust the amount of the school impact fee assessed if one of the following circumstances exist, provided that the developer can demonstrate to the District's satisfaction that the discount fails to ameliorate for the unfairness of the fee: a. the developer demonstrates to the District's satisfaction that an impact fee assessment was incorrectly assessed; or b, -unusual and unique circumstances identified by the developer demonstrate ' that if the standard impact fee amount were applied to the development, it would be unfair, unjust or unlawful 2. Requests for fee adjustments, and the administrative appeals process for the appeal of an impact fee; shall follow the process for the appeal of the underlying development application. The District shall provide staffing and legal assistance for such an appeal consistent with the Interlocal Agreement between the City and the District, as that Agreementmaybe. amended from time to tune. 3. A developer may provide studies and data to demonstrate that any particular factor used by the District may not be appropriately applied to -the development proposal, but the District's data shell be prmuned valid unless clearly demonstrated to be otherwise by the developer. The developer shall pay for the cost of the studies and data, and must demonstrate to the District's satisfaction that the discount tads to adjust for the error in the fee 11 ` ORDINANCE NO. 4 s 0 8 4. Any appeal of the decision of the Hearing Examiner with regard to fee amounts shall follow the appeals process for the underlying developmerat application and not be subject to a separate appeal process. Any errors identified as a result of an appeal should be referred to the Council for possible modification. 5. Impact fees may be paid under protest, in order to obtain a permit or other approval of development activity. 4-1-160-H: THE IMPACT FEE ACCOUNT, USES OF LWPACT FEES, AND I. Impact fee receipts shall be initially deposited into a City fund created under " section L of this ordinance. When sufficient funds have accumulated to make transfer of those funds to the District advisable, the Finance and Information Services Department shall mane such transfer_ Such funds shall be transferred not less than quarterly, if the balance in the fund is more than $5,000.00. Impact fee receipts shall be ' earmarked specifically and retained in a special interest-bearing account established by the District solely for the District's school impact fees as provided for in section I herein. All interest shall be retained in the account and expended for the purpose or purposes identified in subsection 2. Annualty, the City shall provide accounting records to the District and the District shall prepare a report on school impact fees showing the source and amount of all monies collected, earned or received, and capital or system improvements that were financed in whole or in part by impact fees. 2. Impact fees for the District's system improvements shall be expended by the District for capital invrovements including but not ]muted to school planning, land acquisition, site improvements, necessary off-site improvements, construction, engineering, architectural, perms financing, and administrative expenses, relocatable facilities, capital equipment 12 ORDINANCE NO. 4 s a a pertaining to educational facilities; and any other expenses which could be capitalized, and which are consistent with the District's Capital Facilities Plan. 3. In the event that bonds or si ni ar debt instruments are issued for the advanced provision of capital facilities for which impact fees may be expended and where consistent with the provisions of the bond covenants, impact fees may be used to pay debt service on such bonds or, similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section_ 4. School impact fees shall be expended or encumbered within six (6) years of receipt, unless the Council identifies in written findings extraordinary and cainpelliug reason or reasons for the District to hold the fees beyond the six-year period. The District may petition the Council for an extension of the six-year period and the District set forth any such extraordinary or compelling reason or reasons in its petition. Where the Council identifies the, reason or reasons in written findings, the Council shall establish the period of time within which the impact fees shall 5. The current owner ofproperty on which an impact fee has been paid may receive a refund of such fees if the impact fees have not been expended or encumbered within six (6) years ofreceipt of the funds by the City, except as provided for in subsection 4. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a fist in, first out basis. The District shall notify potential claimants by fast -class mail deposited with the United States postal service addressed to the owner of the property as shown in the King County property tax records. 6. An owner's request fora refixed must be submted to the City, in writing, within one (1) year of the date the right to claim the refund arises or the date that notice is ate, 13 ORDINANCE NO. 4 $_QB whichever date is later. Any impact fees that are not expended or encumbered within the limitations in subsection 4, and for which no application for a refund has been made within this one (i) year period, shall be retained and expended consistent with the provisions of this section. Refunds of impact fees shall include any interest earned on the impact fees. 7. Should the City seck to terminate any or all -school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which a school impact fee was paid. Upon the finding that any or all fee requirements are to be terminated, the City shall place notice of such termination and the ava3labdity of refunds in a newspaper of general circulation at least two (2) times, and shall notify all potential claimants by first-class mail addressed to the owner of the property as shown in the ging County property tax records. All funds available for refund shall be retained for a period of one (J) year. At the end of one (1) year, any remaining funds shalt be retained by the City; but must be expended for the District, consistent with the provisions of this section. Thee notice requirement set forth above shall not apply there are na unexpended or u33encumbered balances within the aceount or accounts being terminated. S. A developer .may request and shall receive a refund, including interest earned on the impact fees, when: a. The, developer does not proceed to finalize the development activity as required by statute or City Code or the Unfform Building Code, and b. No impact on the District has resulted "Impact" shall be deemed to include cases where the District has expended or encumbered the impact fees in good faith prior to the application for a refund_ In the event that the District has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three (3) years, the 14 ORDINANCE NO. 4 8 0 8 same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit: The owner must petition the City and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof The City shall determine whether to grant a credit, and such determinations may be appealed by hollowing the procedures set forth in section G above. 9. Interest due upon the refund of impact fees required by this section shall be calculated according to the average rate received by the City or the District on invested funds throughout the period during which the fees were retained and paid by the govemmental entity controlling the funds and receiving the interest. 4-1-160-1: INTERLOCAL AGREEMENT. 1. The Mayor is authorized to execute, on behalf of the City, an Interlocal Agreement for the collection, expenditure, and reporting of school impact fees, provided that, such Interlocal . Agreement comply with the provisions of this section - - - - - - 2_ The District shall establish a School Impact Fee Account with the office of the King County Treasurer, who serves as the Treasurer for the District_ The Account shall be an interest-bearing account, and the. school impact fees received shall be prudently invested in a manner consistent with the investment policies of the District_ 3. For administrative convenience while processing the fee payments, school impact fees may be initially deposited m the City account blown as the "School Impact Fee Fund", with interest eamed retained by the District. As soon as advisable, the City shall deposit the school impact fees collected for the District in the District's School Impact Fee Account. 15 ORDINANCE NO. 4 8 0 8 4. The City shall retain S%'of all fees collected to pay for its costs in administering this ordinance. 4-1-160-J: ADOPTION OF THE DISTRICT CAPITAL FACILITIES PLAN AND SUBM-fiSSION OF THE ANNUAL UPDATES AND REPORT AND DATA. 1. The 1948 Capital Facilities Plan of the District is hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan - 1 On an annual basis, the District shall submit the following materials to the City: a. the annual update of the District's Capital Facilirfies Plan; b_ an updated fee calculation based on the formula in Attachment A, and a revised fee schedule (Attachment B); and C, an annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. 4-1-1.60-K: REVIEW. The fee schedule established in this ordinance shall be reviewed and updated by the Council on an annual basis after the Council receives the District's Plan and data required under section J. The review may occur in conjunction with the annual update of the Capital Facilities Element of the City's Comprehensive Plan. 4-1-160-L: SPECIAL FUND CREATED. There is hereby created a special City find known as the "School Impact Fee Fund" into which all school impact mitigation fees will be deposited 16 ORDINANCE NO. 4 B 4 8 4-1-150-M: CITY NOT RESPONSIBLE. The City will use its best efforts to collect such fees during its ordinary administrative process , such fees as are due under this ordinance and consistent with the Interlocal Agreement between the City and the District, as that Agmerrent may be amended from time to time, but shall not be responsil)le to the District for f dae to collect such fees. 4-1-160-N: SEVERABILITY. If any portion of this ordinance is found to be invalid or unenforceable fir any reason, such finding shall not affect the validity or enforceability of any other section of this ordinance. SECTION H. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY TEE QTY COUNCIL this 1st day of November 1999. Marylyn City Clerk APPROVED BY THE MAYOR this .1st day of 1999. Approyed as to form: 74 Lawrence J. Waave ,'Itity Attorney Date of Publication.: 11/5/99 ORD. 510 :10104/99: as. Jesse , Mayor 17 City of Renton PUBLIC Department of Planning /Building/Public Works HEARING PRELIMINARY REPORT TO TIME HEARING EXAMINER A. SUMMARYAND PURPOSE OF REQUEST: Public Hearing Date: February 20, 2006 Project Name: Galloway at the Highlands Applicant Johnathan Kurth-, Davis -Kurth Consulting; 1201 Monster Rd SW. Suite 320, Renton WA 98051 Contact, (same as above) File Number: LUA-06-138, PP, CU -A, Project Manager.' Elizabeth Higgins, Senior Planner SA -A, ECF Project Description: The applicant is requesting Preliminary Plat approval, Site Plan approval, Conditional Use Permit approval, and Environmental (SEPA) Review to subdivide an existing 59,969.96 square foot (1.61 acre) site zoned Commercial Arterial (CA) into individual lots for future development of a mixed-use (commercial and residential) building and townhouses_ An existing commercial building would be demolished. Access to the project would be provided by a new internal public street. Project Location: 343 Union Avenue NE 1 Cfty of Renton P aPw Depad rnao, Preliminary Report to the Hearing Examiner GAL-LO141AYATTHEHIGHLANDS LUA-06--138, PP, CU -A, SA -A, ECF PUBLIC HEARING DA TE: February 20, 2007 Page 2 & 21 B. HEARING EXHIBITS: Exhibii 1: Project file ('yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project - Exhibit 2: Neighborhood Detail Map Exhibit 3. Zoning Map sheet F5 east 1/2 (dated 21`1612006) Exhibit 4: Site Plan (dated 12130/2006) Exhibit 5: Preliminary Plat Map (dated 9111/2006, revised 1/18/07) Exhibit 6: View of NE 3r° street frontage with water feature Exhibit 7: View of commercial space at NE 3'd and Union Exhibit 8: ERC Mitigation Measures Exhibit 9: Front Elevations Exhibit 10: Right and Left Elevations Exhibit 11: Rear Elevation C, GENERAL INFORMA TIM. 1. Owners of Record: Minh Van Pham and Dan My Du; Rainier Pacific Development; 1618 S Lane St; Seattle WA 98144 2- Zoning Designation: Commercial Arterial (CA) and NE 4th Business District 3. Comprehensive Plan Land Use Commercial Corridor (CC) Designation: 4. Existing Site Use: Commercial (vacant building, former thrift store) 5. Neighborhood Characteristics: North: Commercial Arterial (CA) zoning; commercial development East: Commercial Arterial (CA) zoning; commercial development South: Commercial Arterial (CA) zoning; single family residential development West Commercial Arterial (CA) zoning; multi -family resideritial development 6. Access: New internal public street 7. Site Area, 8, Project Data, Existing Building Area: 69,959.96 square feet (1.61 acres) Area 17,640 sf New Burlding Area: 22 townhouse units); 3,470 sf commercial space in 2 buildings; and 14 condominium units Total Building Area: Approx. square feet D. HIS TORICA LIBACKGROUND: Comments Existing building to be removed Townhouse and Condominium. units will vary in size Action Land Use File No. Ordinanoe No- Date Annexation N/A 2249 6120166 Comprehensive Plan NIA 5099 11/01/2004 Zoning N/A 5191 2/16/2006 Hex Report o6.73B.doc Gify of Renton PlalFVV Depaamwr Preliminary Report to the Bearing Exeminer GALLOWAYATTHE HIGHLANDS LLIA-06-138, PP, CU -A, SA -A, ECF PUBLIC HEARING DATE: February 20, 2007 Page 3 of 21 E. . APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-126: Commercial Development Standards 2. Chapter Environmental Regulations and Overlay Districts Section 4-3-040: Commercial Corriddr Business Designations Section 4-3-100: urban Design Regulations 3. Chapter 4 Property development Standards Section 44-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining regulations Section 4-4-680, Parking, Loading and Driveway Regulations Section 4-4-130: Tree Cutting and Land Clearing Regulations 4. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations Section 4-7-050: General Outline of Subdivision, Short Plat and Lot Line Adjustment Procedures Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-320: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets — Generaf Requirements and Minimum Standards Section 4-7-160: Residential Blocks — General Requirements and Minimum Standards Section 4-7-170: Residential Lots — General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria 7. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: Commercial Corridor objectives and policies. 2. Community Design Element. G. DEPARTMENT ANALYSIS: 1, PROJECT DESCRIPTION/BACKGROUND The 1.61 acre project site was originally developed in 1970 with a 17,640 single -story, masonry building used as a grocery store and an expansive, asphalt parking lot. Subsequent uses included a discount food store and a succession of thrift shops. The building is currently vacant. The property is located on the west side of Union Avenue NE, approArnatefy 300 feet south of the intersection of Union with NE 4i' Street, a principal arterial (Exhibit 2). The property lies in a transition area, with commercial development to the north and east and residential development west and south. A new City of Renton public park, Heather Downs, is located one block south on the west side of Union Avenue at NE 3'd Court. The property is within a Commercial Arterial Zone (`CA', see Exhibit 3), as are the surrounding properties. CA aliows commercial, retail, and service uses, but the property is also within the "NE 4"' Hex Report D6-138.doc city of Renton F!&IPW Departmei. Prerminary Report to the Nearing Examiner GALWWAYAT THE HIGHLANDS LUA-06-138, PP, C11 -A, 5A -A, ECF PUBLIC HEARING DATE: February20, 2007 Page 4 of 21 Street Business District," which has speck use limitations related to retail, entertainmentlrecreabon, service, and vehicle -related activities. On-site services within the Business District would be limited to "entertainment media rental" (DVD/video stores), financial and real estate services, and repair services (excluding auto repair). The proposed project is a commercial and residential development consisting of townhouses and condominiums, with commercial space fronting on Union Avenue NE (Exhibit 4). All residential units and commercial space would have vehicle access from a new public street aligned perpendicular to Union Avenue NE. Apartment -style attached dwellings (condominiums) are allowed as part of mixed-use development, if space for commercial development at least 30' deep, is located on the ground floor_ Attached dwellings, such as the proposed townhouses, are allowed as "stand-alone" structures within 150' of Union Avenue NE with approval of a Conditional Use Permit. Approval of the project proposal would result in subdivision of the property into 32 townhouse lots, 2 lots for mixed -used commercial and residential development, 4 open space tracts, and new public street right-of-way for access (Exhibit 5). The applicant has requested and been granted approval of a 24 foot wide public street. Curbs within the project would be rolled, or `mountable" by emergency vehicles. Curbs and 6 foot wide sidewalks with tree grates would be located in easements at the front of each lot. A "traffic circle" with traffic speed control, landscaping, and a water feature would be located within the public right-of-way (Exhibit 6). Twenty-two separate "townhouse lots" would range in size from 1,275 to 1,477 sf in size. They would be developed with 3- and 4 -consecutively attached dwellings in 5 buildings. The 3 -unit Townhomes would be turther'attached to the mixed-use buildings. Therefore, the 2 mixed-use buildings would have 3 townhouses, 7 condominiums, and a commercial space in each. Four buildings would have 4 townhouses each (Exhibit 7). Each townhouse unit would have approximately 200 sf ground -related outdoor space a erear o e unit. Five landscaped tracts would provide approximately 4,668 sf of semi -private open space to the project. The 22 proposed townhouse units would have different floor plans and be sized at 2,125, 2,081, or 2,017 sf, be 3 stories in height, have 3 bedrooms, a garage, 2 decks.and an entry porch each. Individual units would be painted one of four coordinated colors. The 2 commercial parcels would be 8,220 sf (north of NE 3'd) and 8,270 sf (south of NE 3`d), The 31470 sf of commercial space would front on Union Avenue NE and be located in two 3 -story buildings, one 'on each side north and south of the access street (Exhibit 8). The commercial spaces would be 45 feet deep and be accessed from entries fronting on both Union and the new access street (NE 3'd). Walkways abutting the buildings would be covered by canopies. Fourteen 2- and 3- bedroom condominium units above the commercial space would be 1,098, 1,100, 1,340, or 1,835 sf each. Parking for these units would be shared wrth the commercia[ space and be located beneath of residential and in back of the commercial portions of the building (Exhibit 4). The exterior color of the two condominium f commercial buildings will be the same. There are no critical areas located on or near the project site. The property has consisted primarily of impervious surface since developed in the 1970s. Street trees would be planted along Union Avenue NE and the new street, NE 3`1. Private and semi -private open space would be landscaped and it is anticipated that the amount of pervious surface would be greater following redevelopment of the site. Hex Report 06-138.doc City of Renton FISIPW Departmer. Preliminary Report to the Nearing Examiner GALL DWAY A T THE HIGHLANDS - LUA-06-13$ PP, CU -A, SA -A, ECF PUBLIC HEARING DATE: February 20, 2007 Page 5 of 21 This report includes Preliminary Plat review, Site Plan Review, and Conditionai Use Permit review. Approval or approval with conditions would be required in order to proceed to Final Plat review and building permit stages of project development. The project requires Preliminary Plat review to ensure that individual lots created by the proposed subdivision meet standards of the zone; Site Plan Review to ensure that proposed residential development meets required development standards and design regulations; and Conditional Use Permit review to approve the construction of buildings designed for residential use only in the zone. Each review is based on criteria delineated in the Renton Municipal Code. In addition to basic criteria, the Conditional Use Permit review requires use of "Special Decision Criteria for Stand Alone Residential .Uses in the NE 4h [Street]... Business District." The proposed project includes both residential within a mixed-use building and "stand alone" residential use within attached townhouse structures. The Conditional Use Permit criteria and Special Decision criteria apply only to the latter. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21 C, 1971 as amended), on January 23, 2407, the Environmental Review Committee issued a Determination of Non - Significance - Mitigated (DNS -M) for the Galloway at the Highlands project. The DNS -M included 6 mitigation measures. A 14 -day appeal period commenced on January 29, 2007, and ended on February 12, 2007. No appeals of the threshold determination were filed. 3. COMPLIANCE WiTH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non-Signfcance -- Mitigated - 1. The applicant shall be required to comply with the recommendations included in the geotechnical report, 'Geotechnical Engineering Study, Proposed Highlands Square Townhome Development, 343 Union Avenue Southeast [sic], Renton, Washington," dated September 27, 2Do6, as prepared by Earth Solutions NW, LLC, 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume 11 of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. 3. A Transportation Mitigation Fee shall be assessed if the site plan indicates a net increase in average weekday peak hour trips generated from the project. The fee is $75.00 per trip and shall be paid prior to recording the Final Plat. 4. The applicant shall pay the appropriate l=ire Mitigation Fee based on a rate of $388.0D per new multi -family unit and $0:52 per net square foot of commercial space. Fre Mitigation Fees shall be assessed for the residential units prior to recording the Final Plat and for the commercial buildings prior to obtaining building permits. 5. All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers) prior to final inspection. Hex Report MI36.doc city of Renton P/R/PW Deperimet. Preliminary Repast to the Hewing Examiner GALLOWAYAT 7HEHIGHLANDS LUA-06-138, PP, CU -A, 5A A, ECF PUBLIC HEARING DRrE; February 20, 20o7 Page 6 of 21 6. The applicant shall pay the appropriate Parks Mitigation l=ee based on $354.51 per new multi -family unit prior to obtaining building permits. 4. STAFF REVIEW COMMENTS Representatives from. various City departments have reviewed the application materials to identify and address site plan issues from the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. CONSISTENCY WITH PRELIMINARY PLAT CRITERIA: Approval of a plat is based upon several factors. The following preliminary plat criteria have been established to assist decision makers in the review of the subdivision: (1) Compliance with the Comprehensive Plan Designation The subject site is designated Commercial Corridor (CC) on the Comprehensive Plan Land Use Map. The CC areas evolve from 'strip commercial' linear business districts into business areas characterized by enhanced site planning incorporating efficient parking lot design, coordinated access, amenities, and boulevard treatment. Commercial Corridor areas may include designated districts including concentrations of specialized uses such as the Auto Mai[, or features such as transit stops and a combination of businesses creating a focal point of pedestrian activity and visual interest. The proposed plat is consistent with the following Commercial Corridor policies and objectives: Land Use Element Policy LU -353. Structures at Commercial Corridor intersections should not be set back from the street and sidewalk so as to allow vehicular circulation or parking to be located between the sidewalk and the building. No parking is proposed between the sidewalk and the buildings Objective LU-JJJ: Where Commercial Corridor areas intersect other land use designations, recognition of a transition and/or buffer between uses should be incorporated into redevelopment plans. The project is planned as a mixed commercial) residential development, with open space areas to enhance the transition between commercial areas to the north and residential areas to the west and south. Policy LU -368: Consideration of the scale and building style -of near -by residential neighborhoods should .be included in development proposals. Building heights in the proposed project are between those allowed in surrounding residential zones and height allowed in commercial areas. Hex Report 06}738.doc City of Renton PA3zPW Deparlmer, Preliminary Report to the Nearing 1 x,?IT Ref GALLOWAYAT THE HIGHLANDS LUA-06-138, PP, MA, SA -A, ECF PUBLIC HEARING DATE: February 20, 2007 Page 7 of 21 Policy LU -368: Consideration of the scale and building style of near -by residential neighborhoods should be included in development proposals. The proposed project is compatible with the scale and reflects the architectural style of the adjacent development to the south. Policy LU -369: Development should be designed to consider potential adverse impacts on adjacent, less intensive uses, e.g. lighting, landscaping, and setbacks should all be considered during design. Northeast- Fourth Street Business District The Northeast f=ourth Street Business District is an active commercial area located at a gateway to the City. It features a wide variety of retail and service uses and several different structural forms from small professional offices to large-scale strip malls with major grocery anchors. Policy LU -393:' To the extent possible, undeveloped parcels and pads and/or redevelopment in the Northeast f=ourth Street Business District should feature street facing building facades located a maximum of fifteen (35) feet setback from the non -curb edge of sidewalks abutting the principal arterial. Although the project is not located on a "principal arterial it meets the policy of being within 15 feet of the non -curb edge of sidewalk. The intent is to enhance the pedestrian environment and increase viability of commercial uses for walk -by traffic. Community Desiqn Element Site Planning Objective CD -D. New neighborhood development patterns should be consistent with Renton's established neighborhoods an'd. have an interconnected road network. The development pattern of the proposed project would be consistent with streets and structures in residential neighborhoods throughout Renton. Due to the narrow configuration of the property and the situation of being surrounded on three sides by private property without public rights-of- way, interconnected roads and cross streets are not feasible. Policy CD -35: Land should be subdivided into blocks sized so that walking distances are minimized and convenient routes between destination points are available. The development would be approximately the length of typical city block with sidewalks on both sides of the new public street. Policy CD -16: During land division, all lots should front streets or parks. Discourage singie tier lots with rear yards backing onto a street_ The new public street would be °double -loaded" with lots fronting on both sides. Rearyards would be private open space with fences along back property lines. Policy CD -37: Development should be designed (e.g. building orientation, setbacks, landscape areas and open space, parking, and outdoor activity areas) to result in a high quality development as a primary goal, rather than to maximize density as a first consideration. Based on the plans submitted for review, the project would result in a high-quality development and would have density below the maximum allowed. Hex Report ()&138_doo City of Renton PIBIPW taepartrnen. Preliminary Report to the Hearing EYarniner GALLOWAYAT THE HIGHLANDS LUA-06-138, PP, CU -A, SA -A, ECF PUBLIC HEARING DATE: February 20, 2007 Page 8 of2l Policy CD -21: Development should have buildings oriented toward the street or a common area rather than toward parking lots. Buildings would be oriented toward the new public street. Parking for the commercial uses would be within the structure at the rear of the commercial space. Policy CD -22: When appropriate, due to scale, use, or location, on-site open space and recreational facilities in developments should be required. Although not required, the project would have landscaped open space located in two places on the property. Policy CD -26: Streets, sidewalks, and pedestrian or bike paths should be arranged as an interconnecting network. The use of ail -de -sacs should be discouraged. A grid or 'flexible grid" pattern of streets and pathways, with a hierarchy of widths and corresponding traffic volumes, should be used. The internal circulation system is designed to fit into a grid pattern, should the property to the west be redeveloped in the future. Pedestrian connections will be made to adjacent properties where possible. Policy CD -29: In mixed-use developments with ground -floor retail uses, residential parking areas should not conflict with pedestrian and vehicular access to the retail component of the project. Commercial parking, which would be shared with condominiums, would be located to the rear of commercial space- Entry would be from the new public street, not the more heavily traveled Union Avenue NE. Policy GD -31: In mixed-use developments, residential uses should be connected to other uses through design features such as pedestrian walkways and common open space. �� ^.,��rYp^aH;Ert wnrrlrl Ur;riP hath olzen _.spa_walkways. Sidewalks would be wider than typical, at 6; with street trees and tree grates provided Policy CD -50. Trees should be planted along residential streets, in parking lots requiting landscaping, and in other pervious areas as the opportunity arises. Trees should be retained whenever possible and maintained using Best Management Practices as appropriate for each type. Landscaping is proposed throughout the development. Alt pervious areas would be landscaped (as required by Renton Municipal Code). Street trees would be planted along Union Avenue NE fronting the project and on the new public street, NE 3'd. (2) Compliance with the Underlying Zoning Designation. The 1.61 arse site is designated Commercial Arterial (GA) on the City of Renton Zoning Map. The proposed development would allow for the future construction of up to 22 new townhouse and 14 condominium residential units. Commercial space in 2 mined -use buildings is also proposed. Dens—The density range permitted in the Northeast Fourth Street Business District of the CA zone is a minimum of 10 dwelling units per net acre (dula) up to a maximum of 60 dula when the project includes commercial and residential as a mixed-use development - Net density is calculated after public rights-of-way, private access easements (vehicular or pedestrian), and critical areas are deducted from the gross acreage of the site. After the deduction of 19,471 square feet of proposed public right-of-way dedication, the net area for purposes of density calculations would be 50,488 sf Hex Report 08-138.doc City of Renton P181PW Deps,1mei, Preliminary Report to the Nearing Examiner GALLOWAY AT THE HIGHLANDS LUA-06-138, PP, CU -A, SA -A, ECF PUBLIC HEARING DATE: February20, 2007 Page 9 of 27 (1.16 A)_ The 36 residential units would have a density of 31.06 dula, which is within the allowed range for the Business District and Zone. Lot Dimensions and Size — No minimum lot size is required in the CA zone, however within the Northeast Fourth Street Business District a minimum lot size of 1,200 sq ft is required. There are'no minimum lot width or depth requirements. The proposed plat would create 24 lots and 5 tracts with the following sizes: Lot Number Lot Size (square feet). 1 8,220 2 1,276 3 1,275 4 1,374 5 1,359 6 1,275 7 1,276 8 1,467 9 1,467 10 1,276 11 1,275 12 1,294 13 1,304 14 1,284 15 1,284 16 1,477 17 1,477 1 S 1,284 19 1,284 20 4,333 21 1,467 23 1,284 24 8,270 Tract'A' 1,583 Tract 'B' 610 Tract 'C' 623 Tract'D' 1598 Tract 'E' 254 As proposed, all lots appear to be in compliance with the required size standard for the CA zone. Setbacks — In the CA zone, the minimum front yard setback is 10 feet and may be reduced down to zero feet through the Site Plan Review process provided no blank walls are located within the reduced setback_ In the NE 4th Corridor Business District, the maximum front yard setback permitted is 15 feet. A 10 -foot side yard along a street setback is required, which may be reduced down to zero feet.through the Site Plan Review process, provided no blank walls are located within the reduced setback. The proposed project meets these requirements. The proposed lots appear to contain adequate area for the construction of the proposed townhouse, condominium, and commercial structures. See further discussion betow under Site Plan Review Criteria. Building Standards -- The CA zone -and NE 4th Street Business District limit the number of attached residential units to 4 per structure. The stand-alone townhouses would have a maximum of 4 attached residential units per structure. Building height in the CA zone and NE 4th Corridor Business District is limited to 35 feet for residential uses. The proposed structures would have a height below 35 feet. Hex Report 06.138.doc City of Renton PI&PW Depadmei. Preliminary Report to the Hearing Examiner GALLOWAYAT 7HFHIGHL4NDS LUA-06-938, PP, CU -A, SA -A, ECF PUBLIC HfAR1NG DATE. February 20, 2007 Page 10 of 21 The existing commercial building is proposed to be removed as a result of the construction of the proposed plat. A demolition permit and inspection would be required. The NE 4th Street Business District requires that the proposed structures comply with the Urban Design Regulations District B, see discussion further discussion below on the structures compliance with these regulations. Parkin — Each dwelling unit is required to provide 1.75 off-street parking stalls per unit. Each proposed unit would provide parking for 2 vehicles within a 2 car garage. The proposed building pads appear to be adequately sized for the provision of the required parking. Landscapinq — The City's landscaping regulations require the installation of landscaping, The minimum amount of on-site landscaping required along street frontages is 10 feet, except where the front or side yard along a street setbacks have been reduced through the Site Plan Review process. The applicant submitted a Conceptual landscape plan with the project application. To ensure that landscaping is adequately maintained in common areas, staff recommends as a condition of approval, that a Homeowners' Association be formed and be responsible for the maintenance of landscaping for the residential common areas. (3) Compliance'with Subdivision Regufations Lot Arrangement: Side lot lines are to be at right angles to street lines, and each lot must have access. to a public street or road. As proposed, the lots appear to comply with arrangemer)f and access requirements of the Subdivision Regulations. Lots: The size, shape and orientation of lots shall meet the minimum area and width requirements of the applicable zoning classification and shall be appropriate for the type of development and use contemplated. Each of the proposed lots is rectangular in shape, oriented to provide front yards facing a street, and satisfies the minimum lot area and dimension requirements of the CA zone and the NE 4th Street Business District. When considering the required setbacks, as well as access points for each lot, the proposed lots appear to have sufficient building area for the development of townhomes. Property Comers at Intersections: All lot comers at intersections of dedicated public rights -of way, except alleys, shall have minimum radius of 15 feet. The street within the plat would meet this requirement. Access and Street Improvements: Access to the site is proposed via a new internal access road off (NE 3r6) Union Avenue NE. Full street improvements including curb, gutter, sidewalk, and street lighting are required on the new internal public street (NE= P) and along (inion Avenue NE. The CiVs subdivision regulations RMC 4-7-150E.5 specifies that "alley access" (to rear yards of lots] is the preferred street pattern_ The proposed layout does not include private all easements due to the narrow configuration of the property prior to subdivision. A concept plan indicates approximately' 1. of the lots and all of the rear yard private space would be eliminated with the addition of alleys. Alleys would -not connect to other alleys on abutting property. To mitigate potential impacts to the local street system, the City's Environmental Review Committee (ERC) imposed mitigation on the project in the form of the requirement for payment of a Traffic Mitigation Fee if the project indicated a net increase in traffic. Traffic generated by the former commercial use may have been more significant than that generated by the proposed uses. Such fees would be assessed prior to recording the Final Plat. Topography and Vegetation: The project site is flat and has been paved or otherwise. an impervious surface since the 1970t. There are no trees or significant vegetation on the site. Temporary Erosion and Sediment Control Plan (TESCP) and the use of Best Management Practices would serve to mitigate potential erosion and off-site sedimentation impacts. The project application includes a Construction Mitigation Plan, which is subject to final approval prior to the issuance of construction permits for the project. In addition, the project will be subject to the DOE manual regarding erosion control, as required by mitigation measures imposed by the EIRC. +'-rex Report 06-138.d= City of Renfon RIB/PW Departmen Preliminary Report fo the Hearing Examiner GALLOWAYATTHE HIGHLAf+1DS LUA-06-136, PP, CU -A, SA -A, ECF PUBLIC HEARING DATE February 20, 2007 Page 7 9 of 21 Relationship to Existing Uses: Commercial development is located to the north and east of the project site and residential' development is located to the west and south. The proposed development would be compatible with the surrounding development. (4) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the applicant's provision of Code required improvements and fees. Therefore, the City's Environmental Review Committee is requiring time applicant to pay a Fire Mitigation Fee based on $388.00 per new multi -family unit and $4.52 per square foot for the commercial space. These fees are payable prior to the recording of the Final Plat. Recreation: The proposal provides open space, but does not provide significant on-site recreation areas for future residents of the proposed plat. There is a new City of Renton public park, Heather Downs, to the south of the proposed project at NE 3'd Court and Union Avenue NE. It is anticipated that the proposed development would generate future demand on existing City Parks and recreational facilities and programs. Therefore, the City's Environmental Review Committee is requiring the applicant to pay a Parks Mitigation Fee based on $354.51 per new unit. Schools: The site is located within the boundaries of the Renton School District No. 403. According io the Drat Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwel€ing. Based on the student generation factor, the proposed plat would poienflafly result in 16 additional students (0.44 x 36 = 16). The schools would include: Maplewood Elementary School, ivicKnight Middfe School, and Hazen High School. The school district has indicated that they would be able to handle to additional students coming from the proposed development. Storm Dra€na a/Surface Water: A Preliminary Technical Information was submitted with the application materials. According to the report, the project would be below the thresholds for both water quality and detention requirements. Therefore, the project is exempt from detention and water quality treatment. All other surface water improvements including, bort not limited to conveyances, roof drains, yard drains, driveway crossings, and any frontage improvements are required to meet City of Renton standards. A Surface Water System Development Charge, based on the current rate of $759.00 per new single-family lot, would be required prior to the issuance of construction permits for the plat. Water and Sanftary Sewer Utilities: The project site is located within the 565 Water Pressure Zone. There is an existing 16 -inch water main located in Union Avenue NE. Per the City of Renton Fire Marshall, the preliminary fire flow is 2,750 gpm and one hydrant is required within 15D feet of each structure and an additional hydrant is required within 300 feet of each structure. Each townhouse unit requires a separate water service line and meter, which will serve domestic and fire: The size is determined by a certified fire sprinkler designer, but shall be a minimum of 1 -inch. Water System Development Charges are $1,956 per dwelling unit The Development Charges are collected as part of the construction permit. The project will be reviewed to determine if redevelopment credit applies_ There is an existing 8 -inch sanitary sewer main in Union Avenue NE. The applicant shall install individual side sewers to serve'the project. Sewer System Development Charges are $1,017 per dwelling unit. The Development. Charges are collected as a part of the construction permit The project will be reviewed to determine if redevelopment credit applies, 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA: A Cond€tional Use Permit is required in order to permit the construction of a stand alone residential project within the CA zone. Section 4-9-030,G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: Hex Report 06-138.doc City of Renton F/R1PW Departure,. Preliminary Report to the Hearing Examiner GALLOWAYAT THE HIGHLANDS LUA-06-138, PP, CU -A. SA -A, ECF PUBLIC HE4RING DATE: February 20, 2007 Page 12 of 27 The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element (See discussion above under Preliminary Plat Criteria.) (b) Zoning Code The proposed townhouse project is located within the Commercial Arterial (CA) zoning designation. The purpose of the Center Arterial Zone (CA) is to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning, incorporating efficient parking lot design, coordinated access, amenities and boulevard treatment. The proposed attached townhouse development would be located west of two mixed-use commercial/residential bulTdings that would provide ground -related commercial space on Union Avenue NE. The site is located too distant from the principal arterial, NE 4t' Street, to supporf full site development for commercial use. (c) Development Standards (See previous discussion above under Preliminary Plat Criteria and further discussion below under Site Plan Review Criteria.) - (2) COMMUNITY NEED: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among alt other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The proposed project would result in the construction offor-saleresidential townhouses and, above the commercial space, condominiums. Residential projects in these housing types have continued to be successful ventures within the City of Renton, therefore the proposal would not resuft in an over concentration of townhouse residential units_ (b) That the proposed location is suited for the proposed use. The subject site is abutting residential uses on the west and south and would serve as a transition to the commercial property to the north and the east end of the subject property. The proposed townhouses would be more compatible with the surrounding residential uses than commercial use_ (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot. Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located See further discussion below under the Site Plan Review critaria. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See previous discussion under Preliminary Plat criteria and further discussion below under Site Plan Review criteria. (c) Height Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, bell towers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used In order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures. Hex Report D&I38.dor City ofRenion PTHE Deparima;. GAI1Ov✓,4YATTHE HIGHLANDS P -['r nary Repoli to the Nearing Examiner L{i,4-p6-i38, PP, CU -A, ,SA.,q, ECF PUBLIC NEARING DATE' FeiuVary 2p Zpp7 Page 13 of 21 The proposed buildings would comply with the height requirements of the CA zone; see further discussion below under Site Plan Review criteria. (4) COMPATIBILITY: The proposed use shall be compatible with the residential scale and character of the neighborhood, The subject property has most recently been a vacant thrift store set back on the property with a large asphalt parking lot fronting Union Ave NE. it is located within an area with both commercial and high- density residential uses, both of which are located on the abutting properties. The proposed attached residential townhomes would serve as a transition from the higher intensity uses of the commercial area to the single family residential uses to the south and would be compatible with the surrounding uses. (5) PARKING: Parking under the building structure should be encouraged. Lot coverage may be increased to as much as seventy-five percent (75%) of the lot coverage requirement of the zone, in which the proposed use is located, if all parking is provided underground or within the structure. Ah' parking is proposed within attached private garages located under the proposed structures. See further discussion below under Site Plan Review criteria. (S) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. Staff has reviewed the circulation patterns of potential vehicles and pedestrians. See further discussion below under Site Plan Review criteria regarding pedestrian and vehicular circulation. (7) NOiSE, GLARE: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas, and refuse storage areas. It is anticipated that the most significant noise impacts would occur during the construction phase of the —. ---pro a applicant has s mitts n�c#r�Mifrgatnp[ar�tlzaf prnvldesrl��u_ construction impacts such as noise, control of dust, traffic controls, etc. in additioneasuFes #o, the project wiltAW be required to comply with the City's noise ordinance regarding construction hours. There would be noise impacts from traffic and activities that are normaify associated with an attached townhouse development. These noise impacts, however, would be comparable to noises from existing residential development abutting the property to the west and south. (8) LANDSCAPING: Landscaping shall be provided in afl areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. See previous discussion above under Preliminary Plat criteria and further discussion below under Site Plan Review criteria. (9) ACCESSORY USES: Accessory uses to condfiional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are, located. There are no accessory Uses proposed: (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure compiles, or is brought into compliance, with the provisions of this Chapter. Hex Repos 0e-138.doc City of Renton P/9/PW Departmen. Preliminary Repan to the Nearing Examiner GALLO WAYAT THE HIGHLANDS LUA-0&138, PP, C", SA A, ECF PUBLIC NEARING DATE. February 20, 2007 Page 14 of 21 No building conversion is proposed. (11) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. The proposed project would be required to install utilities and construct road improvements as mandated by the City's regulations. See previous discussion above under Preliminary Plat criteria. Section 4-9-030.K lists 6 additional Special Criteria that the bearing Examiner is asked to consider regarding stand alone residential uses in the NE 4h Street Business District, along with all other relevant information, in making a decision on a Conditional Use application. These include the following. (1) Stand alone residential use may not be located within 150 feet of an adjacent or abutting arterial street_ This includes Sunset Boulevard, Duvail•Avenue, Anacortes Avenue, or Union Avenue In the Sunset Business District; NE 0 Street, Union Avenue, or Duvall Avenue in the NE 4'" Street Business District; and Puget Drive or South Benson Road in the Puget Drive Business District as shown on the Business District Maps in RMC 4 -3 -040 - The subject site fronts on Union Avenue NE, but the 'stand alone' townhouse portion of the project would be no closer than 230 feet to Union Avenue, (2) A mix of commercial, service, and residential uses exist within a 150 -foot radius of the proposed residential use. Commercial and service uses are located on the abutting properfies to the north. Two mixed-use commerciaUresidential buildings would be located on the east portion of the project site_ (3) Commercial use of the properly is not feasible for reasons including, but not limited to: lack of commercial frontage, lack of access, critical areas and/or critical area buffers, or property configuration. The applicant had deemed the feasibility of commercial development to be limited by both the location - �___ and_1b��anf�guFatiar�aftt�.pcQRex#X—Berth-P-e��striar,�artd�hiculartraffr�on_11n,�ra.Bver�.u�.�szutt�ofl+lE 4'h Street are extremely limited There is no commercial development to the south to draw pedestrians to the property. Vehicle traffic volumes are lour due to the fact that Union Avenue is not a through street. The project was revised, following initial application, to include a commercial component along NE Union Street although the likelihood of success for businesses in that location maybe marginal. The narrow configuration of the property would limit feasible commercial development to that portion that fronts directly on Union Avenue NE, as has been proposed. Commercial development at ' he back" of the property would not be visible from Union Avenue and therefore have greatly reduced feasibility. (4) Residential use will augment the primary purpose of the commercial arterial zone by adding a pedestrian oriented land use that providess-a physical connection between residential and commercial uses. The proposed development would provide pedestrian connections to the surrounding residential and commercial uses along the east and west sides of the property. There could be a future connection to the north, if property to the north is redeveloped to provide a connection. Recently redeveloped property to the south is privately owned with no access easements available. (5) The use provides a transition between commercial and lower density R-10 and R-6 zoned areas and provides a visual, pedestrian, and vehicular connection from the residential zoned areas to the Commercial Arterial zoned areas. ' There are no Residential 8 or Residential 10 zones in the vicinity of the property. Surrounding zoning is all Commercial Arterial. The project would, however, provide transition between all -commercial uses to the. north and all -residential uses to the west and south. Hex Report 46-1 M.dm Gily of Renton PlalPv/ Departmer, Preliminary Report to the Nearing Examiner GAU OL41AYATTHE NIGNiANDS LUA-06-938, PP, CU -A, SA -A, PcF PUBLIC NEARING DATE: February 20, 2007 Page 15 of 21 (6) Development standards from RMC 4-3-04OF [°(Development Standards for Uses Located Within the Northeast Fourth Street... Business District's are met unless the applicant opts for a planned urban - development, subject to RMC 4-9-150. Pedestrian connection standards from this section must be met without modification. The development standards as outlined in RMC 4-3-04OF would be met (see discussion below) - 7, CONSISTENCY WITH SITE PLAN REVIEW CRITERIA: In reviewing the proposal with respect to the Site Plan Approval Criteria set forth in Section 4-9-200.E of the Site Plan Ordinance and Development Standards from RMC 4-3-040F, the following issues have been identified by Gity Departmental Reviewers: 1. Conformance with the Comprehensive Plan, its Elements and Policies; See discussion above under Preliminary Plat criteria. 2. Conformance with existing land use regulations; The subject site is designated Commercial Arterial (CA) on the Citys Zoning Map and is located within the NE 4th Street Business Disfrict The proposed mixed-use (commercial/residential) is allowed in the CA zone. The attached townhouse development is also a permitted use within the CA zone, subject to the approval of e Conditional Use Permit. The compliance of the proposal with the development . standards of the CA zone and NE e Street Business District regulations is addressed below; Lot Coverage -The CA zone allows building coverage at a maximum.of 75 percent if all of the parking would be contained within the individual buildings. All parking would be contained within garages, The estimated building coverage would be 73 percent. Setbacks - In the CA zone, the minimum front yard setback is 10 feet and may be reduced down to zero feet through the Site Plan Review process provided no blank walls are located within the reduced setback, In the NE 4th Street Business District, the maximum front yard setback permitted is 15 feet, No blank walls are proposed (Exhibits 9-11). The mixed-use building setback along NE Union Street has been reduced to zero to further the pedestrian orientation of the block. The setback between the townhouses and sidewalk has been reduced to zero. The project does not abut residential zones, so no separating setbacks are required for rear yards. Rear yards, however, are planned to provide ground - related open space for individual units_ Landscaping- The City's landscaping regulations require all pervious areas of the property to be landscaped. The minimum amount of on-site landscaping required along street frontages is 10 feet, except where the front or side yard along a street setbacks have been reduced through the site plan review process. A landscape plan must be submitted, as required by Renton Municipal Code and meeting the standards of RMC 4-4-070, "Landscaping," Approval by the Development Services Department of a conceptual landscape plan is recommended as a condition of Site Plan Review_ Height - The CA zone allows a maximum building height of 50 feet in the zone and 35 feet for [stand alone] residential structures. The mixed-use buildings would have a height below 50 feet. The proposed townhouse structures would be less than 35 feet in height. Both building types would be below the rnaximum height permitted. Pedestrian Connections - All development in the CA zone within the NE 4th Street Business District is required to provide a minimum of one pedestrian connection from the entry of each building to the street and sidewalks, and a minimum of one pedestrian connection is required from each side of a property to commercial and/or residential uses, The proposed project would have direct connections from all front building entries to the streets and potential pedestrian connections on all sides of the property. A pedestrian connection on the south side Hex Report 06-138 Am City of Renton P/B/PVI Departmen. Preliminary Report fo the Nearing Examiner GALLOWAY AT THEHICHLANDs L[ A-06-138, PP, CU -A, SA -A, ECF PUBLIC HEARING DATE: February 2D, 2007 Page 16 of 21 is not currently available due to the existence of a new fence along the property line and private property with no public access easements. Parking — The parking regulations require a specific number of off-street parking stalls based on the proposed use. A maximum of 1.75 parking spaces per dwelling units may be permitted. Twenty parking spaces are available for the 14 condominium units and would be shared with the commercial uses in the 2 buildings. Each proposed townhouse has proposed 2 spaces each within a private garage. The total number of parking spaces is 64. With 36 total units, the parking provided would be 1.78 spaces per unit. Due to the fact that commercial space will be required to share parking with condominiums, staff recommends that a modification be approved that allows one additional space than allowed under the maximum parking requirement. Refuse and Recyclable Deposit Areas The location and pick up of the service elements shall be approved by Waste Management. The refuse and recyclable deposit areas for the mixed-use buildings would '-be located within the parking garage. The service elements for each townhouse would be located within each individual unit- 3. nit 3. Mitigation of impacts to surrounding properties and uses; The proposed mixed-use I residential project is not anticipated to result in any adverse impacts to surrounding properties and uses, The properties to the west and south all have residential uses and properties to the north and east have commercial uses. The proposal for the construction of mixed-use commercial and townhouses on the subject site would provide a transition from the commercial uses to the north and the single family residential uses to the south and west. In addition, pedestrian connections are proposed, which would connect pedestrians in developments to the west of this site to the commercial area to the east. There are potential short-term impacts to adjacent properties (e.g., noise), which would result from the construction of the project. These impacts will be mitigated by the applicant's construction mitigation plan, which limits work and haul hours to those permitted by City Code. Long term impacts included increased traffic associated with a residential townhouse development, These impacts were anticipated through the Comprehensive Planning and Zoning process. 4. Mitigation of impacts of the proposed site plan to the site; The proposed residential structures are oriented to the new public street (NE 3d). Each structure would have an individual backyard that would be located'away from streets. Landscaping would be provided in open space areas and along the perimeter property lines. 5. Conservation of area -wide property values; By eliminating a frequently -vacant building and providing high-qualitytievelopment, the proposal would enhance the neighborhood and tend to increase surrounding property values. 6. Safety and efficiency of Vehicle and Pedestrian Circulation; The proposed project would provide access to Union Avenue NE via the proposed public street NE 3`d. In addition, pedestrian sidewalks along the new public right-of-way, as well as private pedestrian access easements at the perimeter of the property (where feasible) are proposed to provide safe and efficient pedestrian access throughout.the site and to other abutting sites. 7. Provision of adequate light and air; The proposed buildings are designed appropriately to allow adequate light and air circulation to the buildings and the site. The design of the buildings will not result In excessive shading of the property, in addition, there is ample area surrounding the buildings to provide for nonnal airflow. 8. Mitigation of noise, odors and other harmful or unhealthy conditions; The proposal is not expected to create any harmful or unhealthy cnonditlons. Noise, dust, and odors, which may result from the temporary construction on the site, will be mitigated by the applicant's construction mitigation plan and code requirements for the use of Best Management Practices, Hex Report 06r138.doc City of Renton P/B/PW Deparlmer>. Preliminary Repprt to the Hearing Examiner GALLOWAYATTHEHIGHLANDS LUA-06-138, PP, CU -A, SA -A, EGF PUBLIC HEARJNG DATE: February 20, 2007 Page 17 of2f 9. Availability of public services and facilities to accommodate the proposed use; Public services would be available to the site. See previous discussion above under Preliminary Plat Criteria. 10. Prevention of neighborhood deterioration and blight. No deterioration or blight is expected to occur as a result of the proposal. The site is proposed to be developed with attached townhome units that would be compatible with existing commercial and residential uses in the surrounding neighborhood. 11- Review of Compliance to District B Design Guidelines. The proposed project is subject to the District B Urban Center Design Regulations. The Hearing Examiner shall have the authority of approve, approve with conditions, or deny proposals based on the provisions of the design regulations. The proposed project must meet the intent of the Design Regulations where the regulations are applicable_ In rendering a decision, the Hearing Examiner will consider proposals on the bases of individual merit, will consider the overall intent of the minimum standards and guidelines, and encourage creative design alternatives in order to achieve the purposes of the design regulations. A. Site Design and BuiAin❑ Location Intent: To ensure that buildings are located -in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights -Of -way; and to encourage pedestrian activity throughout the district. 1. Site Design and Street Pattern: Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban densities and intensities of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. Minimum standard: Maintain existing grid street pattern. The proposed project would maintain the existing grid street pattern and provide the opportunity for continuation of the grid through to the west, if the abutting property is redeveloped in the future. 2. Building Location and Orientation. Intent: To ensure visibility of businesses; establish active, lively uses along sidewafks and pedestrian pathways; organize buildings in such a way that.pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. Minimum standard: Orient Buildings to the street with clear connections to the sidewalk. All of the buildings would be oriented towards a street and clear connections to the sidewalks from! the front doors and/or driveways would be provided. 3. Building Entries intent: To make building entrances convenient to locate and easy to access and ensure that building entries further the pedestrian nature of the €rondng sidewalk and the urban character of the district. Hex Report 06-138.dor City of Renton P/aVW Dspartmen, Preliminary Report to the NBaring Eyami(ler GALLOWA YAT THE HIGHLANDS LUA-06-138, PP, CU -A, SA -A, ECif PUBLIC HE4R1NG DATE: February 20, 2007 Page 15 of 21 Minimum standard: A primary entrance of each building shall be located on the fagade facing a street. Such entrances shall be prominent, visible from the street, connected by a walkway to the public sidewalk; and include human scale elements. Secondary access (not fronting on a street) should have weather protection at least four and one-half feel wide over the entrance or other similar indicator of access. Each of the proposed buildings is oriented so that the front faces a public street fUnion Avenue NE or NF 3rd)_ The building entrances as shown on the building elevations would be prominent and visible from the sfreet. A direct connection would be provided to the public street, Canopies would be provided over the sidewalks fronting the commercial space in mixed-use buildings. 4. Transition to Surrounding Development Intent: To shape redevelopment projects so that the character and value of Renton's long-established, existing neighborhoods are preserved. Minimum standard: Careful siting and design treatment is necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk, and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses: a. Setbacks at the side or rear of a building maybe increased in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; or b. Building articulation provided to divide a larger architectural element into smaller pieces; or c. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. The proposed project would incorporate building articulation to reduce the apparent scale of 3 story rare trrR les �rrd`roatphch-w ukotea'uce-apparerrf-bl7tlrvl`tha-attached-;st-adures-fcj. S. Service Element Location and Design Intent: To reduce the potential negative impacts of service elements (i_e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view In high visibility areas. Minimum standard: Service elements shall be located and designed fo minimize impacts on the pedestrian environment, concentrated, and located where easily accessible to service vehicles. In addition to the enclosure requirements addressed in the development standards, the design regulations require that service areas be enclosed on all sides including the roof to prevent the attraction of birds to the service areas. The use of chain link, plastic, or wire fencing is prohibited. See previous discussion above under Refuse and Recyclable Deposit Areas. B. Parking and VehicularAcoess Intent: To provide safe, convenient access [to the Urban Centerj incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parkirig is provided, while encouraging creativity, in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the.visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district_ 1. Location of Parking - Hex Report 06-138.doc City ofRenfon PlalPwDeparfraen. Prefimr`nary Report to the Hearing Examiner GALLOWAYAT THE HIGHLANDS LUA-06-138, PP, GU -A, SA A, ECF PUBLIC HEARING DATE., February 20, 2007 Page 19 of2i Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Minimum standard. No surface parking shall be located between a building and the front property line or the building and side property line on the streei side of a comer lot. No surface parking is proposed_ 2. Vehicular Access Intent: To maintain a contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian -oriented streets. Minimum standard: Parking lots and garages shelf be accessed from alleys when available - Access 10 the individual parking garages would be provided from the public street fronting the townhouse units. Alleys would not be available. For explanation of why 211ey design is not feasible, sea discussion of "access" above. C. Lan dscapingiRecreation Areas/Common Open Space Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for bath passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1. Landscaping -- -- — ----Intent.-Landscaping-isintended-to-reinlbrce-the-architechire-nr-concept-of-the-area;-provide-Visuai-anzJ- climatic relief in areas of expanpive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. Minimum standard: Alf pervious areas are required to be landscaped and the landscaping shall be consistent with the design intent of the development and shall reinforce the concept of the development, Street trees are required and shall be between the curb and buildings. Submittal of a landscape plan has been recommended as a condition of Site Plan approval. The landscaping would include street trees located in front of the buildings along the sidewalk on both Union Avenue NE and NE P. Landscaping, which is required, would enhance the proposed development and the neighborhood. 2. Recreation Areas and Common Open Space Intent: To ensure that districts have areas suitable for both passive and active recreation by residents, workers, and visitors and that these areas are of sufficient size for the intended activity and in convenient locations; create usable, accessible, and inviting open space that is accessibie to the public; and promote pedestrian activity on pedestrian -oriented streets particularly at streei comers. Minimum standard: Attached housing developments shall provide a minimum area of private usable open space equal to 150 square feet par unit of which 100 square feet are contiguous. Such space may include porches, balconies, yards, and decks. Hex Report 05.138.doc City ofRenfon P/B41WDepertmeri. Preliminary Report to the Bearing Examiner G4LLOWAYAT THE HIGHLANDS LUA-06-138, PP, CUA, SA-A,—ECF PUBLIC HEARING DATF_ February 20, 2007 Page 20 of 21 Each proposed townhouse unit would have approximately 200 square feet of ground -related open space in the rear yard areas. Each townhouse would have 2 decks and an entry porch. Eight of ten condominium units would open to outdoor decks. D. Building Architectural Design Intent: To encourage building design that Is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Minimum standard: All building facades shall include modulation or articulation at intervals of no more than 20 feet. Building facades should be modulated and/or articulated with architectural elements to reduce the apparent size of new buildings, break up long blank walls, add visual interest, and enhance the character of the neighborhood. Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. A variety of modulations and articulations should be employed to add visual interest and to reduce the bulk and scale of large projects. All sides of proposed structures are fully articulated and detailed so as to provide interesting facades. 2. Ground -Level Details Intent: To ensure that buildings are visually interesting and reinforce the intended human -scale character of the pedestrian environment; and ensure that 211 sides of a building within near or distant public view have visual interest. Minimum standard: Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall is considered a blank wall If. It is a ground floor wall or portion of a ground floor wall over 6 feet in height, has a horizontal length greater than 15 feet and does not include a window door, building modulation or other architectural detailing. No blank walls are proposed. 3. Building Roof Lines Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Minimum standard: Buildings containing predominantly residential uses should have pitched roof with a minimum slope of one to four. Such roof should have dormers or intersecting roof forms that break up the massiveness of a continuous, uninterrupted sloping roof. The roof color shall be dark. The proposed roofs all have slopes that exceed the minimum required. Roof lines of all buildings would provide visual interest 4. Building Materials Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Hex Report 08-1 ss.doc City of Renton P/8/PW Deparfiner,. Preliminary Report fa the Hearing Examiner GALLQWAYAT 1711 HfGHLANDE LUA-06-138, PP, GU -A, SA -A, ECF PUSUC HEARING DATE: February 20, 2007 Page 21 of 21 Minimum standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on ail sides with the same building materials, detailing, and color scheme, or it different, with materials of the same quality. Buildings shall employ material variations such as colors, brick or metal banding, pattems, or textural changes. The proposed budding facades would be finished with the same materiels on all sides. H. RECOMMENDATION: Staff recommends APPROVAL of the Galloway at the Highlands Preliminary Plat, Conditional Use Permit, and Site Plan, Project File No, LUA-06-138, PP, SA -A, CU -A, ECF subject to the following conditions - 1 - onditions:1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was Issued by the Environmental Review Committee on January 23, 2007. 2. Demolition permit shall be obtained and all inspections completed on the demolition of the existing building prior to Final Plat approval. 3. A Homeowners' Association shall be created concurrently with the recording of the Final Plat in order to establish maintenance responsibilities for the landscaped open space tracts. A draft of the documents) shall be submitted to the City of Renton Development Services Division for review and approval by the City Atomey and Property Services section prior to the recording of the Final Plat. 4. A landscape plan shall be submitted, meeting the standards of RMC 44-070, "Landscaping" Approval by the Development Services Department of a conceptual landscape plan shall be a condition of Site Pian Review. Submittal of a final landscape plan shall be required prior to Final Plat approval. EXPIRATION PERIODS: Preliminary Plats (PP): Five (5) years from final approval (signature) date. Site Plan Approval (SA -A): Two (2) years from final approval (signature) date. Conditional Use Permit (CU -A): Two (2) years from final approval (signature) date. Fax Report 06-136.doc NE iG 23-05 KKATNWToi PS5ESSM9TM ••�••�.••�•.��4• �� ` yam, um. E5 - 9 T23N RSE F- 1/2 CA 4th SL C i 4ih s.A7 CA CA R-8 `C 14�h S �t FCACA Ai 0 R-10 CA R -10(P) 8 \)-8SE 21nd St. 0 z �io N IL(P) RMH RMH RC(P) R4H 1—:5 RMH RC(P) r—lo G5 - ZI T23N M E V2 ZONTWG k/A,W Mcffmaa EXHIBIT 16 T23N P,5E 3 Ali �V rJPfN'l fFirrc �s31NOHI+�D� a'al's'(1`JS ❑, {y-1F{911d 7' 7 -7�""I Oedd /Nv'-'Id X115 ."s'NIWl�aald ��-- lit a �,r , . 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Z La Lo �m ,t7:D fit ti I 1 1 f Z r r.� �1 35V VH➢OV2 � Y � � __t los I € 1 I. y 1 I F j fill $ gg +'h I� 1E �33�^a SRwx a�I f 0 m ^ ; g r @ gtgp gg moa fit �1 c §g`ss§SSS i�6g6_^..^cgss�5 1€ U m M1 � 22 ---___ c — z�l a..t Ir..rlxl tYc "'�•�+rtlwlvl �eYllcr� c�rvC Irt71R —�..-.- �i�i t J11 L e 6�"? -71 f 3"s �nb — o.N'ZCi) NOINf1 azo t "s I gg r 1 � ;N RAV NGlxn E7E-sakoF4440_ ;wynx- izKy -&�v:i-I SNOL.LV/�L7 2iPI�Aa1-kms .�YH1WITed - f jjli�i, lteE Ie+'jam '�k t !i i � lflAE �_ifi.j �: ;'iki �]ii �� :'if t -W ••• ••,••� 3N �Y 1;aIHf1 �F�-s�^IOH;,'�o� �t+nb5 �v'VIN�F�L ��f' ' i ! i r I . anoxD UVISR WaX .irAVG E Eii! I:�' =ii'l:ti .� � ST;olidh3T3 a�a�a�x� txrtrau�;-sad zi�if t!si11i .wi� HIGHLANDS SQUARE ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Act (SEPA), chapter 43.21C RCW, requires all govemmenta' agencies to consider the environmental impacts Of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and 'the agency identifies impacts. from your proposal (arid to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. A. Background 1. Name of proposed project, if applicable: Highland Square 2: Mame of ppplFcart: nil 3. Address and phone number of applicants and contact person: Applicant: 1201 Monstar Road SW .Suite 320 Renton, Washington 98057 4. Date checklist prepared: t?cto6er 2, 2006 S. Agency requesting checkJist: City of Renton Contact. .JahnaMan Kurth 425-228-5959 (office) 425"226-9227 (faar) 6. Proposed timing or schedule (including phasing, if applicable): Preliminary Site P/an Apprio vals -- Winter 2005 Engineering and Building Permit Approvals -- Spring 2007 Start COnsftvcf70n —Summer 200T 7. Do you have any plans for future additions, .expansions, or further activity related to or connected with this proposal? If yes explain: No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: Cnrneimnone Geotechnical, Inc completed a Geotechnical Engineering Study on Septem,6er27 2006. A Trip Genera bon Analyy�►►s was prepaared by Transparfation Consufffng Norff west dated September 20, 2046. 9_ Do you know whether applications are pending for government approvals of other, proposals directly affecting the property covered by your proposal? if yes explain: No Highland Square .SEPA Dvmment 101 10. List any government approvals or permits that will be needed for your proposal, if known: City of Renton Site Plan and Conditional Use Approval, En, jneerjng Construction and Building Permit appro vat 6y the City of Renton, It. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe. certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies ma modify this form to include additional specific information on project description. The . posal is to creaf� 30 residential units on an e;dsting 1.6o6 -acre retail site. The parol is identified as KC Tax Pare/ 167305-9098, 12. Location of the proposal, Give sufficient information for a person to understand the precise location of your proposed project, including street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range of boundaries of the s#te(s). Provide a legal description, site plan. Vicinity reap and topographic ri`oo, if reasonably ava3able. 1 Wile VdU 5l .oUld Suuliiit any plans required by the agency, you are not- required to duplicate maps or detailed Oians submitted with any permit applications related to this checklist, rhe site is locates along Union Avenue NE at 343 Union Avenue NE, south of N1 Street and Union Avenue NE. rhe properly rs currently consists of a vacated retail (.grocery) and paved park�1g lot: The parcel No, is 162305-9098 in tale NE % of Section X6, Township 23 North, Range 5 East, and W. M B. Environmental Elements 1. Earth a, General description of the site (circle one Flat, rolling, hilly, portion steep, slopes, mountainous. other b. What is the steepest slope on the site (approximate percent slope)? .3°!o grade from west to east c. What general types 'of soil are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland: Glacial 71`1/ d. Are there surface indications of or history of unstable soils in the immediate vicinity? If so, describe. No 2 ffighbnd Square S@DA Dowment e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill: Approximately 200 cu yd Ofsafe& imported fill material will be needed roor road base Bnd forgeneral site fill, f. Could erosion occur as a result of clearing, construction or use? If so, generally describe: Yes, erosion could accur during construction, g. About what percent of the site will be covered with imperious surfaces after project construction (for example, asphalt or buildings)? 9D°10 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: Silt fabric fencin,q, sedimentation pands, and s -wales will be utilized during construction if necessary, 7. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, and industrial wood smoke) during const-uction and when the project is completed? If any, generally describe and give approximate quantities if known: Emissions from construction equipment, dust during construction, _.� b. 'Are there any off-site sources of emissions or odor that may affect your - proposal? If so, generally describe: M c. Proposed measures to reduce or control emissions or other impacts to air, if any: construcffon egui meet "I meet current State and Federal emission requireMentY dust Control (water) will be provided during aorrstrvtfioo. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds and wedands)? If yes describe type and provide names. If appropriate, state what stream or river it Mows into: No 3 Hlghbnd Square .SOPA Daamw t 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. NO 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface waters or wetlands and indicate the area of the site that would be affected. Indicate the source of fll material: NJA. 4) VViiil the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known: A 5) hoes the proposal lie within a 100 year floodplain? If so, note location on the site plan: No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge: 1410. b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known: No. 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example. Domestic sewage: industrial. containing the following chemicals...: agricultural: etc). Describe the general size of thestem, the number of such systems, and the number of houses to be served S(iif applicable), or the -number of animals or humans the system(s) are expected to serve: N/A c. Water runoff (including storm water); 1) Describe the source of runoff (including storm water)) and method of collection and disposal, if any (include quantities if known). Where will this water flow? Will this water flow into other waters? Yso describe: The storm water runoff generated by this project will he collected within catch basins and conveyed to a water quality faaflty located in the central portfan of the property, The wager- quality facdlity will 6e sized aacnrding to the 2005 fling County Drainage manual and Wien discharged into the storm conveyance system within Union Avenue NE, 4 fiphkw?eSquare SFAI Dxv7m ffrt Z} Could waste materials enter ground or surface waters? If so, generally explain: Household spills could enter ffie storm system. d. Proposed measures to redbce or control surface, ground and runoff water impacts. If any: Storm water.BMP`s (Best Manag,,,Ment Praci ce) "vfl, be incorporated into the PFGj&:t to minimize surface andgroup awater impacts during nd alter r nstructian, City of 1?enivn standards for BIifp,, tart/! be incorporated and shown on Me utility plan. 4. Plants a. Check or circle types of vegetation found on the site: deciderous tree: big leaf maple, black oationwaad eVer9reen tree: Douglas fir, westem red cedar, western hemlock shrubs• grass' miscellaneous unidentified orrises and (orbs. Dal -,h jn- crop or grain wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other )O()( other types of vegetation — No vegetation exists on the site b. What kind and amount of vegetation will be removed or altered? IVIA c. ar endangered species known to be on or near the site: (None known. d, Proposed landscaping, use of native plants, or.other measures to preserve or. enhance vegetation on the site, if any: Pruject will he landscaped prior to aacupancy of the buildings Lands1cap!17g will be rnairrtained by the hrture Homeowners Association, 5, Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site.- birds: ite: birds: hawk, heron, eagle, son birds other mammals: deer, bear, elk, beaver, other fish: bass, salmon, trout, herring, shellf=ish, other b. List any threatened or endangered or endangered species known to near or on the site: 5 x nrar d-r-qva a saX Db ,,mart None known, c. Is the site part of a migration route? If so, explain: d. Proposed measures to preserve or enhance wildlife, if any: None. 6. )Energy and Natural Resources a. What kinds of energy (elettrie, natural gas, oil, wood stove,'soiar) Will be used for heating, manufacturing, etc.: Elect city and natural gas will be used to meet Me pmj&t's energy needs, (-' lAlr:i r1,i -- it r,;p- 7€F} !' t-J.,Q ^,'?} h?"?}1 !t-- .f ]?C SaCt.Prn�, I -+ti -di nF properties? If so, generally describe: ff,Ln c. What kinds of energy conservation features are induded in the pians of this proposal? List other proposed measures to reduce or control energy impacts, if any: Homes will be cons5zicted ,`e Washington State energy code requiremepf 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals risk of fire and explosion, spill, or hazardous waste that could occur as a result R this proposal? If so, describe: Unknown at this time 1) Describe special emergency services that might be required. N/A 2) Proposed measures W reduce or control environmental health hazards, if any: NIA b. Noise 1) What types of noise exist in the area which may affect your project (for example: Traffic, equipment, operation, other)? 6 Nghland Sgmm STPA DOZVMent ira) c 2) What types and levels of noise would 'be created by or associat Project on a short-term or a long -tem ed with the basis (for example: traffic, con Operation, other)? Indicate what hours noise would come from thfiction, e site. Share 17s revise associated frith con ne?Lsstruc�ron egvipfnent Long -family a-ssvcr`ated rsFith 3f1 very single-family crr7,it 3) Proposed measures to reduce or control noise impacts, if any: C10175 UCtiOR equipment twill meet State and Fed oral,wise regErlabOn,1. B. Land and Shoreline Use a. What is the current use of the site and adjacent properties? the sit& is curf&ntly a "do -w grocer. store- and The surmand' 9 Mels to the west` and snut#� sist ofhigh-density rnsidential use To tfie r�vrlfi is an ,east: a� t{t hn r4 �... a r%sting business area an e c`•'�i� aFu Si1F[ffe i�?Mjlf r to the b. Has the site been used for agriculture? If so, describe: No C, Describe any structures on the site: Pa &d pa9king lcat 9 exists on the west side of the project to9efher is fth a d. Will any structures be demolished? If so, what? Yes, tea be teemoYed for ftftufe project: A demo permit Will be obtained from #fe City dfRenton, e. What is the current zoning classification of the site: CA - CofnfnercialArteeal f. What is the current comprehensive plan designation of the site? NF 4" Sb eeE Business District Corridoree g. If applicable, what is the current shoreline master Program designation of the site? NIA h.If - o, ed part Of the site been classified as an "environmentally sensitive-, ate? ;=f so, specify: No i. Approximately how many people would reside or work in the completedproject? 7 NXVand 54LwL--q7,,q Doatmer't j. Approximately how many people would the completed project displace? a. k. Proposed measures to avoid or reduce displacement iinpads, if any: MIA 1. Proposed measures to ensure the proposal are compatible with e-Asting and projected land uses and plans, if any: proposal conforms to Comprehensive Flan and Zoning Code. 9. Housing a.. Approximately how- many units would be provided, if any? Indicate whether high, middle, or low -Income housing: 30 Petv rwddle %ems +e. b. Approximately haw many units, if any would be eliminated? Indicate whether high, middle, or low-income housing: D c. Proposed measures to reduce or control Dousing impacts, if any: Mitigation Fees. - 10. Aesthetics a. What is the tallest height of any proposed structure(s). Not inducting antennas: what is the principle exterior building material(s) proposed? 35 foot Wood, concrete, wood products b. What views in the immediate vicinity would be altered or obstructed? !Vans. c. Proposed measures to reduce or control aesthetic impacts, if any: Nona I:L. Light and Glare 8 H,ghbnd Square SEPA DDar wnt a. What type of light or glare will the proposal produce? What time. of day would it mainly occur? Light and ,lore associated with .30 new units plus street lightarhg. b. Could Nht or glare from the finished project be a safety hazard or interfere with views. Grim, c. What existing off-site sources of light or glare may affect your proposal? None. d. Proposed measures to reduce or control light and glare impacts, if any: None. 12. Recreation, a, What designated and informal. recreational opportunities are in the irrirredia, vicinity? New City Park at 3'" and Union (under Construction), lUWanis Park Proposed ffeabi er Downs Park b. Would the proposed project, displace and existing recreational uses? If so, describe: /Vo c. Proposed measures to reduce or control impacts on recreational opportunities to be provided by the project or.applicant, if any: Pay Cite' of Renton Park mitigation fees . 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers [crown to be on or next to the site? If'so, generally describe: None known b. Generaily describeany landmarks or evidence of historic, archaeological, scientific,.or cultural importance known to be on or next to the site: None A37own. c. Proposed measures to reduce or control impacts, if any: N/A 9 l fighland Square SEPA DOMUk nt 14. Transportation a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any: The project a,f�uts Union Avenue NE — the proposed access to the sme would off of Union Avenue NE b. "Ls site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is currently sewed by KC Metro bus route #114 along Union Avenue NE. At the intersection of NE 4" and Union Ave is a "Transfer Paint" that is served by Routes I14 111, 105, and 9O8. This is !orated approximately .130 feet to the nortllr along a public sidewalk . - c. How many parking spaces would the completed project have? How many would the project eliminate? M ,:c,;,T : ._ Rte, =ma=r ,� �s- d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). Yes A new proposed (Private) access road would be construction in the interior of the project to provide access from the project onto Union A ventre NE e. Will the project use (or occur in the immediate vicinity of) water, rail, or air — ---t[aosps rtab.on? Ifs,_ geaem descdbe— No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur: The project would generate 17 PM trips and 188 weekday trips. g. Proposed measures to reduce or control transportation impacts, if any: No measuresare needed ar proposed_ However due to the demolition of the exisfr'ng retail shore, the project would'r7e �e the ncrmber of ' #zips to the ro ad systam by rhangrng the land use 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health rare, schools, other)? If so, generally describe: the project will rtersult in an increased need for al! public servker, 10 HpWand 5quwe SF -PA Dowment b. Proposed measures to reduce or control direct impacts on public services, if any: Increased tax base pays for serr✓ices. Parks, .fire, sewer acrd storm water mitigation fes will also be paid. 16. Utilities a. Circle ublibes currently available at the site: electrics natural as mater, refuse serol telephone. sanity es�rer septic system, other, b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on e site or in the immediate vicinity which Might be needed. .Sewer, Water and PublicAace2w - CstyofRenton Power and Natupal Gas--PugetSbUnd Erretgy Fhone -- �ryest FrrtetAaaess -- Camcast C. SIGNATURE The above answers are true and complete to the best of my Ecnawledge understand that the lead agency is ref�ing on them to make a cfecjsion. Signature: � 1 ., _ .�� I �" Name Printed: Dffe Engihe&s,� Darrell Dlfe, P.F Date Submitted: OctoberXS,,2oo5 lI Hlgh,�rnd Square SEPA Doamf t Amends ORI} 5317 CITY OF RENTON, WASHINGTON ORDINANCE NO. 5442 Amended by ORD 5514 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," SETTING THE IMPACT FEE AT $'5,495 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; SETTING THE IMPACT FEE AT $5,304 PER NEW SINGLE- FAMILY HOME AND $3,266 PER NEW MULTI -FAMILY HOME IN THE KENT SCHOOL DISTRICT; AND ADOPTING THE CAPITAL FACILITIES PLANS OF THE SCHOOL DISTRICTS WITHIN THE CiTy OF RENTON. WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement, of Title N (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Issaquah School District an impact fee of $6,021 for each new single-family home built within the District's boundaries, and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2008 -Capital Facilities Plan, which includes an decrease in the impact fee for new single-family homes to $5,495; and WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement. of Title IV (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and the straps and reports adopted in conjunction therevvith, the City of Renton has heretofore collected on behalf of the Kent School District an impact fee of $5,110 for each nein single-family home and $3,146 per new multi -family unit built within the District's boundaries; and 1 ORDWANCE NO. 5442 WHEREAS, the Kent School District requested that the City of Renton adopt the District's 2048-2009 — 2013-2014 Capital Facilities Plan, which recommends an increase in the impact fee for new single-family homes to $5,304 and an increase in the impact fee for new multi -family units to $3,266; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Note 5 of subsection 4-1-160D, Fee Calculations, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No, 4260 entitled "Code of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows: 5. The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District's Capital Facilities Budget, which will be expended locally. The City council establishes the following fees: SECTION II. Subsection 4-1-160J, Adoption of the District Capital Facilities Plan and Submission of the Annual Updates and Report and Data, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code 2' Single- Family Fee Amount Multi -Family. . Fee Amount Issaquah $5,495.00 Not School Applicable, District Kent School $5,304.00 $3,266.00 District SECTION II. Subsection 4-1-160J, Adoption of the District Capital Facilities Plan and Submission of the Annual Updates and Report and Data, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code 2' ORDINANCE NO. 5442 of General Ordinances of the City of Renton, Washington," is hereby amended to read as follows_ 1. The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan; a_ The Issaquah School District No. 4112007 Capital Facilities Plan; b. The Kent School District No. 415 2007-2008 — 2012-2013 Capital Facilities Plan. 2. On an annual basis, the District shall submit the foil oxving 'materials to the city: 1. The annual update of the District's Capital Facilities Plan; 2_ An annual report on the School Impact Fee Account; showing the source and amount of all monies collected, carred, or received, and the public improvements that were financed in whole or in part by impact fees. SECTION M. This ordinance shall be effective upon its passage; approval and five (5) days after its publication. PASSED BY.THE CITY COUNCIL this 12th day of January , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th day of January 2009. Dens Law, Mayor 3 ORDINANCE NO. 5442 Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: _ 1 /3 6J,>nng (summary) ORD.] 526:12/11 /08:scr 4 D# 36 PROCEDURE FOR FEES General Description The City of Renton Planning Division made this docket request. This item proposes to amend RMC 4-1.160 School Impact Mitigation Fees so that the fees will be collected based on the rate that is in place at the time the building permit is issued. Currently, the fee is based on the rate that is in place at the time of site plan approval. A second proposed change is in regards to the table that is included in this portion of the code which details the fee amount for single family and multi -family units. A recent code interpretation (Cl -07) determined that Accessory Dwelling Units should be charged school impact fees at the same rate as multi -family units. It is proposed that the table be amended accordingly. Impact Analysis Effect on rate of growth, development, and conversion of land as envisioned in the Plan Not applicable. The proposed changes would not affect the rate of growth or rate of development. Effect on the City's capacity to provide adequate public facilities Not applicable. There are no anticipated effects on the City's capacity to provide adequate public facilities created by theproposed changes. Effect on the rate of population and employment growth Not applicable. There are no anticipated effects on the rate of population and employment growth created by the proposed changes. Whether Plan objectives are being met as specified or remain valid and desirable Not applicable. In general, this docket item includes only a procedural change to Title IV and as such there are no relevant Comprehensive Plan objectives. Effect on general land values or housing costs Not applicable. There are no anticipated effects on general land values or housing costs created by the proposed changes. Whether capital improvements or expenditures are being made or completed as expected Not applicable. - Consistency with GMA and Countvwide Planning Policies Not applicable. The proposed changes do not have any bearing on the Growth Management Act (GMA) and Countywide Planning Policies. Effect on critical areas and natural resource lands Not applicable. The proposed changes would not have any effects on critical areas and/or natural resource lands. H.\CED\PJannfng\Tide IV\Dodet`D-36 Procedure for FeesjD•36 Staff Repwtdoc December 2, 2009 `1: Effect on other considerations Not applicable. First Staff Recommendation Staff recommends amending 4-1-1601 Assessment of Impact Fees as shown in strikeout form below. E. Assessment of Impact Fees: 1. The City shall collect school impact fees, established by this Section as adjusted from time to time, from any applicant seeking de ;, t -buildin permit approval from the City for dwelling units located within the District's boundaries. -362_ + Fo-- r any 04 e -fee that has been paid through King County, the remainder of the impact fees shall be assessed and collected from the lot owner at the time the building permits are issued, using the fee schedule then in effect. at the _ ne _f r.,..;Fnjn,,,r..a appFoval. If no payment was made through King County, then the entire fee will be due and owing at the time building permits are issued, r an apOsant has applied for PFelimlnaF�, plat-&r--�appFevalbut has net yet Feceived such appFeval, the appik;ant sha4494ew-#1,-- r 4:3. For f9r single F permits, PaFIES PFepese all new d Iling units the total amount of the impact fees shall be assessed and collected from the applicant when the b tildiRg ..,.__ # ._ _ , at the time of building permit issuance, using the fee schedule then in effect. I..^^jye9 }J -,a lit. + F.•. ++L... r.lirSFiOR F 4. '1.J'Rg •t OF t -•i t_ r -►silo permit shall be issued until the required school impact fees set forth In the fee schedule have been paid. #036 Page 2 of 4 January 20, 2010 The manner in which the code currently functions allows applicants to be vested to the fee scheduie for impact fees that was in place when they received preliminary approval for their plat application. They pay the fees when they are issued a building permit for. a dwelling. The amount of time that, on average, passes between the preliminary plat approval and the issuance of building permits is two to five years. Due to the significant time between these two aspects of land development, the impacts of school age children on the school districts, especially the impacts to the Renton School District, are not as effectively mitigated. For the Renton School District (RSD) this issue is particularly acute because RSD adopted a school impact fee for the first time in 2009. If new dwelling units are allowed to not pay impact fees because they are paying the amount of the fee that was in effect at the time of their plat approval ($0 in the case of RSD prior to 2009) the real impacts of anticipated new children in schools will not be mitigated. Case law regarding the issue of vested rights for impact fees has changed since the time the existing language was adopted. The proposed amendment reflects case law decisions regarding vested rights that have occurred since then. The code language that is proposed to be stricken was adopted in 1999 and reflected the laws and court decisions up to that time. Since then, court decisions have further clarified State law regarding vesting and what aspects of the land use process can be vested. Municipal Research Services Center explains vested rights: "In Washington State, the vested rights doctrine "refers generally to the notion . that a land use application, under the proper conditions, will be considered only under the land use statutes and ordinances in effect at the time of the _ application's submission." !Noble Manor v. Pierce County, 133 Wo.2d 269 275 (1997). The doctrine was originally applied by the state supreme court and in a different manner than is applied in a majority of states, where it is invoked only when substantial development has occurred in reliance on an issued permit. See Hull .v. Hunt, 53 Wn.2d 125, 1.28-30 (1958). The rationale for the Washington courts rejecting the majority approach and applying the doctrine upon permit application is to provide certainty and predictability in land use regulations. West Maim Assocs. Inc, v. City of Bellevue, 106 Wn.2d 47, 51 (1986) ("Society suffers if property owners cannot plan developments with reasonable certainty, and cannot carry out the developments they begin.") The Washington approach is, according to the courts, based on "constitutional principles of fairness and due process, acknowledging that development rights are valuable and protected property interests." Weyerhaeuser v. Pierce County, 95 Wn. App. 883, 891 (1999).» However, in December 1999 the court decision in the New Castle Investments v. City of La Center case held that vested rights do not apply to impact fees. This change in case law allows the City to determine the appropriate time to collect Impact fees. #D-36 Page 3 of 4 January 20, 201D Additionally, the City of Renton attorney's office has determined that, "under RCW 58.17.033, a vesting statute, a development is subject to the "land use control ordinances" in effect at the time the application was perfected. But this court has already decided that impact fees do not affect physical aspects of a development. Therefore, they are not land use control ordinances. The impact fees simply add to the cost of a project, and the vested rights doctrine does not protect the developer against such additional cost. Belleau y. City of Bellingham, 15D Wash. App. 228, 239 (Div. 12009)." Therefore, staff recommends that RMC 4-1-160 be amended as shown on page 2 of this report. Court decisions that have occurred since the time of adoption of the existing code have determined that impact fees are not vested to the standards that were in place at the time of application. By amending the code so that school impact fees are collected at the time of building permit issuance, the proposed changes work to more accurately mitigate the impacts of children on the school districts. Second Staff Recommendation The second staff recommendation proposes to codify a code interpretation (CI -07). The interpretation found that "While accessory dwelling units do not increase the density of the residential lots on which they are located, they are neither considered single-family nor multi- family dwellings when calculating school impact fees. An addition to the headings in the table in RMC 4-1-160D.5 would provide clarification of the school impact fees which would be charged for new accessory dwelling units. Specifically, the heading "Multi -Family Fee Amount", should be amended to read "Multi -Family and Accessory Dwelling Unit Fee Amount"." The proposed amendment is shown below in strikeout: 5. The City Council may adjust the fee calculated under this subsection, as it sees fit, to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels, and the percent of the District's Capital Facilities Budget which will be expended locally. The City Council establishes the following fees: M36 Page 4 of 4 January 20,2= Multi -Family and Single -Family Fee Accessory Amount Dwelling tlnit Fee Amount Issaquah school $3,344.00 Not Applicable District Kent School $5,394.00 $3,322.00 District Renton School $5,310.00 $1,25$.00 District M36 Page 4 of 4 January 20,2= PLANNING AND DEVELOPMENT COMMITTEE APPROVED $Y° COMMITTEE REPORT CITY COUNCIL March 1, 2010 City Code Title 1V (Development Regulations) 2004 Docket Group Three Referred May 11, 2009 The Planning --and Development Committee concurs with the staff and Planing Cammissiora recommendations to adopt the following items on the 2009 Trtle Til Docket-, D-18: Landscaping and Street Trees Amend Title IV devefopmen't standards to consolidate landscaping related standards into one general section. Also; create interim street tree standards and approved species fist until these two items are more extensively developed through the Comrnunitj+ and Urban Forestry Development Plan„ D-33: Parking Standards -Amend Title IV development standards to adjust vehicle parking requirements tci better reflect demand and add short and long term bicycle parking standards for new developrr',erat, D-32: StPA Cate orical Exem tions - Amend Title IV development standards to •eliminate outdated and unnecessary .text, correctly reference Washington Administrative Code {WAC} send ctions, and' adopt . reference WAC 197-11-51D Public Notice. Also,' amend the dweling unit type of -categorical exemptions so. that the number of dwelling units exempt from SEPA evaluation is increased frarn four to nine. D-35: Design'Overlay Consolidation - Amend the Urban Designs Overlay sectfon'of•Title 1V to consolidate Design District E with Design District B, eliminating District E. Amend the text for clarity regarding the:. requirements and guidelihes and re -format the section into a table. Finally, amend -Title IV footnotes assocfated with develppment standards for clarity and to eliminate duplicatiaris. D-36: Procedure for Fees - Amend the School Impact Mitigation fees section. o -Title IV so'that fees are collected.at the rate that is in place when' a building permit is issued. Also,'ar•nend the section so that Accessory Dwelling Units are charged school impact fees at the same rate as multi-fairsily units. The.Cotrrritte'e further recommends that the -.ordinances regarding these matters be presented -for first reading: Terri griere, Chair a R7Cf3 ZWIGkef, UICG C4,4, c ; "chip Vimmnt, Fianning Director Alex Netsch, cED Administratm ' i J Docket Item #36 - Procedure for Fees Summary of Proposed changes: Amend 4--1-160 School Impact Mitigation Fees to: • Collect the fee at the rate that is in place at the time the building permit is Issued, and Charge Accessory Dwelling Units at the same rate as Multi -family housing. Background: Currently, the School Impact Mitigation fee is paid when an applicant is issued a building permit, but they are charged the amount that was in effect when their plat and/or Planned Urban Development (PUD) was approved. 'Charging fees in this manner effectively allows applicants to be vested to the fee schedule for impact fees;and the fee amount can change greatly in the amount of time that passes between plat and/or PUD approval and building permit issuance and -is inconsistent with current case law. Due to the significant time between these two aspects of land development, the impacts of school age children on the school districts, especially the impacts to the Renton School District, are not as effectively mitigated. For the Renton School District (RSD), this issue is particularly acute because RSD adopted a school impact fee for the first time in 2009. The Courts and the State have established acceptance of a complete building permit application as vesting an app.licant.to all development regulations in effect at the time of complete application. Development regulations do not include fees. Fees are considered as a part of the development procedures/process and are evaluated at the time of building permit:application, not before. The second proposed change is to amend the table that is included in this portion of the code which details the fee amount for single family and multi -family units. A recent code interpretation (C]-07) determined that Accessory Dwelling Units should be charged school impact fees at the same rate as multi -family units. It. is proposed that the table be amended accordingly. Appeal Available: Text amendments of the Development Regulations that are referred to the Planning Commission are a Type X process. The appeal available is a judicial appeal to the Growth Management Hearings Board. Carr ' ,),ell, Dile, Barnett & Smith, PL.L.C. Attorneys at Law Rdm D. Cm pbd! 09(y '_LX)O) 31750U1_H'`1ERlD1AN i PO.BOX488 I Pl,YALLUP,WASI-IfNGT-C)r198371-0[64 TELEPHONE: (253) 846-3513 FAY- (253) 8454941 SENDER'S E-MAIU TalisAQcdb-law.com WEBSITE: www.cdb-law-cam April 27, 2012 Phil A. OlbrechAts Hearing Examiner Core of City Clerk City of Renton I055 South Grady Way - Suite 728 Renton, WA 98057 Re: NOTICE OFAPPFAL Galloway at the Highlands City of Renton - NE 3rd Place -Lots 9, 10, 11, 12 Building Permits: CP07293 (Parcel 2690100090) CP07301 (Parcel 2690100100) CP07300 (Parcel 2690100110) CP07292 (Parcel 2690100120 Dear Mr. Olbrechts: ATTORNEYS RJBE)iTD. CAMPBELL (1906-2M0) TAUS M. ABOLINS HOLLIS RBARNETI', P.S.* S EPHEI, A. BURNHAM BRYCE H. DILLE, Y.S. 1-ULL11.ItY A. IAO1,h ES SHANNON 1L JONES DEBORAH A- PURCELL DANIEL W. SMITH JEREMY M. SWAI.IN x OF couNsT- ESCROW DEPARTMENT SUSAN BOAT, LPO Com' Or REN€ -,ON MAY 0 2 ?012 RFCErvF=1) G€TYcLERK-s OrFIC� 11,'3?a,syr. My client, Galloway Heights I, LLC, hereby appeals the City's imposition of school impact fees in connection with all building permits issued on the project, including the currently issued Building Permits 7293, 7301, 7300 and 7292, With this correspondence we are submitting the $250 appeal fee. A series of additional Galloway permits will present the same issues for appeal. Therefore, pursuant to RMC 4-5-080(C), my client requests permission to consolidate review of all these permits, so the issues can be efficiently resolved in a single review process. Background. My client appeals the application of City of Renton's Ordinance 4-1-160E(2) to the Galloway Heights project. Under Section E(2), the City unambiguously established a vested right to the fee schedule in effect at the time of preliminary approval: Cu°pbell LN1Ie,Sametc&Smi P1 1-C- I APR0FEM NA1_LRerrZLLKBZJIYCoJ�PANYTNC2,UDr GAPRGDM_KSTONALSERNICECQRPaw,JJc)N Phil A. OIbrechts April 27, 2412 Page -2- For a plat or PUD applied for on or after the effective date of Ordinance 4848, the impact fees due on the plat or the PUD shall be assessed and collected from the applicant when the building permit for each dwelling unit is issued, using the fee schedule in effect when the plat or PUD receives preliminary approval. City of Renton Municipal Code, 4.1.160E(2) (emphasis supplied, as amended through Ord. 5442, 1-12-2009). A copy of the applicable ordinance is attached. The Galloway project received preliminary approval on March 8, 2007. At that time, there were no school impact fees for the Renton School District. Before acquisition of the property, representatives of Galloway Heights I, LLC specifically reviewed Section E(2) of the Ordinance and the impact fee schedule as a part of the due diligence process. In fact, it was a City official (Craig BrunelI) who specifically pointed out the protections of this vesting provision in a meeting with Mike Bauer. The City's vesting language in E(2) created a clear, unambiguous right to rely upon the fee schedule in effect at the time of preliminary approval. This legal protection helped convince my client to acquire and revive a large City of Renton project that had ground to a halt_ On March 8, 2010, the City amended subsection E(2) with Ordinance 5532. The amendment removing the pre-existing vesting language. Under the new language, school impact fees are assessed and collected from the lot owner "at the time the building permits are issued, using the fee schedule than in effect." City of Renton Municipal Code, 4.1.160E(2) (as amended by Ordinance 5532, March 8, 2410). The City's modified Ordinance logically applies prospectively, to all owners who have not received preliminary approvals under the former Ordinance. However, an e-mail from the City later suggested that the City intended to apply the modified Section E(2) retroactively, to my client, even though it had already received preliminary approvals under the original Section; E(2). The City's recent issuance of .permits on the project confirms that the City, despite objection, is applying the ordinance retroactively. This retroactive interpretation has a dramatic and unanticipated financial impact on my client's project. For the Galloway project, a retroactive interpretation destroys the fee structure originally mandated by Section 2(E), and causes more than $75,000 in damage to the project budget. Substantial Errors of Law. The City's retroactive interpretation and application of the ordinance creates substantial errors of law that are highly prejudicial to the applicant. First, the City's interpretation violates the principle against retroactive application of ordinances. State v. Carnpl]d I] ie 8a¢nett&S PL1 G I nPROFSONALLM rML:ABM-TYOOR&AWnJC1IMNGAPROFFMOK.ALSEIMM ATIC)N Phil A Otbrechts April 27, 2012 Page -3- Malone 9 Wn. App. 122, 131, 511 P_2d 67 (1973) (retroactive application is disfavored by law). It is well settled that, absent a legislative expression to the contrary, a law is presumed to apply prospectively only. The language of the ordinance cannot be reasonably interpreted to effect a retroactive repeal of the original language, which expressly created vested rights. A retroactive repeal of the vesting language fraises serious constitutional problems, exposing the City to liability for any project that received preliminary approval under the original Section 2(E). Washington courts recognize that, as a matter of due process, land owners are entitled to rely upon a municipality's fixed rules governing land development. Valley V iew Industrial Parks v. City of Redmond. 107Wn-2d 621 (1987), citing West Main Associates v. City of Bellevue 106 Wn.2d 47, 720 P.2d 782 (1986). To satisfy clue process standards, a new oramance must aim to achieve a legitimate public purpose, and "the means to use and achieve that purpose must be reasonably necessary and not unduly oppressive upon individuals_" West Main Associates, 106 Wn.2d at 52. Once created, vested rights are entitled to protection. See Lincoln Shiloh Associates Ltd. v. Mukilteo Water Dist., 45 Wn. App. 123, 127, 721 P.2d 1083) (citation omitted). We expect the City will attempt to defend its position with authorities that address the right of municipalities to increase impact fees. However, my client's appeal does not take issue with the City's decision to increase an impact fee. There is no question that the City has great flexibility in modifying the fees based on School District needs_ The problem here is the City's retroactive application of Ordinance 5532 to vested projects. Section 2(E) expressly granted projects the legal right to pay those impact fees in effect at the time of preliminary approval. Prospectively, this is not a problem. Retroactive, the City's unsupported interpretation violates due process. My client also appeals on the ground that the City's retroactive repeal of subsection 2(E) is barred by equitable estoppel. Equitable estoppel prevents municipalities from adopting inconsistent positions in a manner that damages those who rely on the first position. See Lincoln, 45 Wn. App. at 130. Galloway Heights 1, LLC relied upon the City's language in Section 2(E) — the language was unambiguous at the time of application. While the City was free to amend Section 2(E) prospectively, any effort to retroactively apply the amendment amounts to a fundamentafly inconsistent statement depriving the owners of more than $75,000 that was needed elsewhere for the project. This damaging adoption of an inconsistent ordinance is subject to relief under a claim of equitable estoppel. iamP'-ADMe,B—IfIt&Sm P"C. I APROF. MC)IIJALLIMfIFDiIABLr=CCI&ANYII3aJDINGAPRO--=alAi. "mCF_o RpMAnON Phil A. Olkr chts April 27, 2012 Page -4- Based on the foregoing„ we respectfully appeal the City's decision to impose the increased school impact fees on the already approved. Galloway at the Highlands Project. We appreciate this opportunity to seek review of this important matter. Very truly yours, CAMPBELL, DILLE, BARNETT & SNIITH, P.L.L.C. 1 Talis M. Abolirls TMA/mal Enclosures Cc: Client LOATA\DliIH WEartels, JonathanlGalloway at the Highlands - School Impact Fees 22827.409 Mty of Renton 4-13-12.docx C mpbdLDkB2znm&Smit33P1-LC. I APPOPEsackiALl7tvtl=LIAB3[l a2,ApAwD3aMNGAPROFESRONALSEIMCECCRPQ4 TYC)N Amends ORD 5317 CITY OF RENTON, WASHINGTON ORDINANCE NO. _ 5442 Amended by ORD 5514 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 1, ADMINISTRATION AND ENFORCEMENT, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE No. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON," SETTING THE IMPACT FEE AT $5,495 PER NEW SINGLE-FAMILY HOME IN THE ISSAQUAH SCHOOL DISTRICT; SETTING THE IMPACT FEE AT $5,304 PER NEW SINGLE- FAl1IILY HOME AND $3,266 PER NEW MULTI -FAMILY HOME IN THE KENT SCHOOL DISTRICT; AND ADOPTING THE CAPITAL, FACILITIES PLANS OF THE SCHOOL DISTRICTS WITHIN THE CITY OF RENTON. WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement, of Title W (Development Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and the maps and reports adopted in conjunction therewith, the City of Renton has heretofore collected on behalf of the Issaquah School District an impact fee of $6,421 for each new single -fancily home built within the District's boundaries; and WHEREAS, the Issaquah School District requested that the City of Renton adopt the District's 2008 Capital Facilities Plan, which includes an decrease in the impact fee for new single-family homes to $5,495; and WHEREAS, under section 4-1-160 of Chapter 1, Administration and Enforcement, of Title IV {Development Regulations), of Ordinance No. 4260 known as f! e "Code of General Ordinances of the City of Renton," as amended, and the maps and reports adopted in eanjunution therewith, the City of Renton has heretofore collected on behalf of the Kent School District an impact fee of $5,110 for each new single-family home and $3,146 per new multi -family uttit built within the District's boundaries; and 1 ORDINANCE NO. 5442 WHEREAS, the Kent . School District requested that the City of Renton adopt the . District's 2008.2009 — 2013-2p34 Capital Facilities Plan, which recommends an increase in the impact fee for new single-family homes to $5,304 and an increase in the impact fee for new multi -family units to $3,266; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Note 5 of subsection 4-1-160D, lee Calculations, of Chapter 1, Administration and Enforcement, of Title IV (Development Regulations) of Ordinance No, 4260 entitled "Cade of General Ordinances of the City of Renton, Washington,' is hereby amended to read as follows: 5. The City Council may adjust the fee calculated under this subsection, as it sees fit; to take into account local conditions such as, but not limited to, price differentials throughout the District in the cost of new housing, school occupancy levels; and the percent of the District's Capital Facilities Budget, which will be expended locally. The City council establishes the following fees: Single- Multi -Family Family Fee Fee Amount Amount Issaquah $5,495.00 Not School Applicable, District Kent School $5,304.0(} $3,266.00 District SECTION II. Subsection 4-1-160], Adoption of the District Capital Facilities Plan and Submission of the Annual Updates and Report and Data, of Chapter 1, Administration and Enforcement, of Title IV (Dtyclopment Regulations) of Ordinance No. 4260 entitled "Code ORDINANCE NO. 5442 of General Ordinances of the City of Renton, Washington," is hereby ainended to read as follows: 1 _ The following capital facilities plans are hereby adopted by reference by the City as part of the Capital Facilities Element of the City's Comprehensive Plan: a_ The Issaquah School District No. 4112007 Capital Facilities Plan: b. The Kent School District No. 415 2007-2008 — 2012-2013 Capital Facilities flan. 2. On an annual basis, the District shall submit the following materials to the City: 1. The annual update of the District's Capital Facilities Plan; 2, An annual report on the School Impact Fee Account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. SECTION in. This ordinance shall be effective upon its passage, approval and five (5) days after its publication. PASSED BY THE CITY COUNCILthis 12th day of January , 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 12th day of January—,2009, Denis Law, Mayor 3 ORDINANCE INTO_ 5442 Approved as to form: Lawrence 1. Warren, City Attorney Date of Publication: ��/_nom ( summary) ORD. 1526:12/11/08:scr 4 i Galloway at the Highlands PO Box 1204 Puyallup, WA 95371 GITY OF RENON R E 0 E I V E D City of Renton, Development Services Division APR 2 0 2012 1055 South Grady Way Renton, WA 98057 BUILDING DIVISION Subject: Permit Fee 1 School Impact Pees submitted under protest pursriant to RCW 82.02.070(4). Lot # Unit # Address Parcel # Building Permit # 9 3812 NE 3RD PLACE 2690100090 CP07293 Dear City of Renton: Enclosed is our check for $ 8,196.63 which represents the Building Permit fee ai)d the schoal impact fees assessed by the City pursuant to the Renton Nltmioipal Code 4,1.160E(2) (as amcn&-d by Ordinance 5532, Marc 8, 2010). Building Permit # Perna it Fees CP07293 $8,196.63 Please note that we have a disagreement on the application of the school impact fees to our project, and are therefore paying these fees under protest, in order to get permits for our development, pursuant to RCW 82.02.070(4). We look forward to working with the City on the successful completion of our project but Dope to achieve a fair resolution of the impact fee dispute. A formal notice of appeal on the nnpact fee issue will be filed in the near future. 'I'h you. Please ontact nie if you have any questions: 7 n r ctvay of th Hi ands. (253) 606-1939 P.D. Box 1204 Puyallup, WA 98371 ikbartels@a coincast.net r Galloway at the Highlands PO Box 1204 Puyallup, WA 98371 City of Renton, Development Services Division 1055 South Grady Way Renton, WA 98057 CITY Of FIRMA RECEIVED APR 2 0 2012 BUILDING DIVISION Subject: Pennit Fee 1 School Impact Fees submitted under pintest purs=it to RCW 82.02.070(4). Lot # Unit # Address Parcel # Building permit # 10 3808 NE 3RD PLACE 2690100100 CP07301 Dear City of Renton: Enclosed is our check for $ 8,201.32 which represents the Building Perin it fee and the school impact fees assessed by the City pursuant to the Renton Municipal Code 4.1.160E(2) (as amended by Ordinance 5532, Mar-, 8, 2010)• Building Peintit # Permit Fees CP07301 $8,201.32 Please note that Nye have a disagreement on the application of the school impact fees to our project, and are therefore paying these fees under protest, in order to get permits for our development, pursuant to RCW 82.02.070(4). We look forward to working «ith the City on the successful completion of our project, but Dope to achieve a fair resolution of the impact fee dispute. A fonnal notice of appeal on the impact fee issue evil] be filed in the near future, ;allo you. Pleas conect e if you have any questions: anY 9 way of a Highlands. (253) 6064939 P.Q, Box 1204 Puyallup, WA 98371 ikbartelsfu7comcast. net Galloway at the Highlands PO Box 1204 Puyallup, WA 98371 crrY OF RENrON RECEIVED City of Renton, APR 2 2��2 Development Services Division 1055 South Grady Way BUILDING DIVISION Renton, WA 98057 Subject: Permitfee / School Impact Pees submitted under protest pursuant to RCW 82.02.070(4). Lot # Unit # Address Parcel # Building Permit # 11 3804 NE 3RD PLACE 2690100110 CP07300 Dear City of Renton: Enclosed is our check for $ 8,201.32 which represents the Building Permit fee and the school impact fees assessed by the City pursuant to the Renton Municipal Code 4.1.160E(2) (as amended by Ordinance 5532, Marc 8, 2010). Building Permit # Permit Fees CP07300 $8,201.32 Please note that ave have a disagreement on the application of the school impact fees to our project, and are therefore paying these fees under protest, in order to get permits for our development, pursuant to RCW 82.02,070(4). We look forward to working with the City on the successful completion of our project, but hope to achieve a fair resolution of the impact fee dispute. A formal notice of appeal on the impact fee issue will be filed in the near future. Th you. fleas warst me if you have any questions: 1a ian a (253)606-4939 P.O. Box 1204 Puyallup, WA 98371 jkbartels[c gomeast.net i Galloway at the Highlands PO Box 1204 Puyallup, WA 58371 cirroF aEnaroro D E I�IrCIV City of Renton, APR 2 0 2012 Development Services Division 1055 South Grady way BUILDING DIVISION Renton, WA 98057 Subject: Pennit Fee f School Impact Fees submitted under protest pursuant to RCW 82.02.070(4 Lot # Unit # Address Parcel # Buildin Pennit # 12 3800 NE 3RD PLACB 2690100120 CP07292 Dear City of Renton: Enclosed is our check for $7,898.14 which represents the Building Permit fee and the school impact fees assessed by the City pursuant to the Renton Municipal Code 4.1.160E(2) (as amended by Ordinance 5532, Marc S, 2010). Building Permit # Permit Pees CP07292 $7,898.14 Please note that we have a disagreement on the application of the school impact fees to our project, and are therefore paying these fees under protest, in order to get permits for our development, pursuant to RCW 82.02.070(4). We look forward to working with the City on the suocessfui completion of our project, but hope to achieve a fair resolution of the impact fee dispute. A formaI notice of appeal on the impact fee issue -will be filed in the near future. fha yau. Pl a contact ane if you have any questions: Jo an s Gallo�yay a e Higltlauds. (253)606-4939 P.O. ]Box 1204 Puyallup, WA 98371 kbartel mcast, e 0 9 Y CM OF RENTON City Clerk Division + 1055 South Grady Way )Renton, WA 98057 425-430-6510 0 Cash —7 �(Che-ck No. 9 ;r g Description: ;\, -( `,, ku. _ Funds Received From: Receipt /- -. ;) - I Date I ) I El Copy Fez El Notary Service 11 Appeal Fee El Amnwnt $ Name o' Address -7 City/zip City �taff Sign&ure j Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 III I III 11111111111111111111111111 20100923000810 CITY OF RENTON COV 112.00 PACE -001 OF 049 09/23/2010 14:13 KING COUNTY, UP (� r Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1- be -L1 ATA'i hm a, S 2. 3_ 4_ Reference Number(s) of Documents assigned or released: Additional reference #'s on page _ of document Grantor(s) (Last name first name, initials) 2_ Additional names on page — of document. Grantee(s) (Last name first, then first name and initials) 1.0-)A11 ow4,—f AT.—Phe— H!'70)44,65 > 2. Additional names on page _ of document. Legal description (abbreviated: Ji. lot block, plat or section, townsbip ran e) i 50w Kul iOS �+ Dp4Q IJ 4q5 r--e-e-t or- FTife tA� I/ti- Cr rkn!F- alt aa= S�e-t=reeJ / �}trr� ;nJSt �`� Z3 oc�+t;� i jZ►�r�y E A s°rf V, 04� ! ;A) K) vi � C -O u ii ��Y, WAV , n y -T-0 �a Additional le al is on pageiyeof document. Assessor's Property Tag Parcel Account Number 11 Assessor Tax # not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein_ I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. Signature of Requesting Parry After Recording Return to: Bryce H. Dille of Campbell, Dille, Barnett, Smith & Wiley, PLLC 317 South Meridian Puyallup, WA 98371 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR GALLOWAY AT THE HIGHLANDS Grantor: Galloway at the Highlands 1, LLC, a Washington limited liability company Grantee: Galloway at the Highlands Reference Numbers of Documents Assigned or Released: Legal Description (abbreviated): The N.E. 1/4 of the N.E. 114, Section 16, Township 23 North, Range 5 EAst, W.M., City of Renton, King County, Washington. Complete Legal Description is located on Exhibit "A" of document Assessor's Tax Parcel Number: 162305-9098-04 Survey Map and Plans Recorded Under Recording Number: 2010042 5 000$ Oq DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1.1DATAID',BHDVAlBartels, lonatho.TlaiDeearahon 07-01-10.wpd TABLE OF CONTENTS Article Pa c One: Definitions 1 Two: Management of Common Areas and Enforcement of Declaration 5 Three: Homeowners Association 6 Four: Common Areas 10 Five: Maintenance and Common Expenses 10 Six: Assessments 18 Seven: Collection of Assessment 20 Eight: Building, Use and Architectural Restrictions 23 Nine: Party Walls 26 Ten: Alterations to or Rebuilding of a Residence 29 Eleven: Compliance with Governing Documents 29 Twelve: Limitation of Liability 32 Thirteen: Indemnification 32 Fourteen: Easements 32 Fifteen: Mortgagee Protection 33 Sixteen: Management Contracts 35 Seventeen: Insurance 35 Eighteen: Damage or Destruction; Reconstruction 37 Nineteen: Rules and Regulations 38 Twenty: Remedies and Waiver 38 Twenty -One: Condemnation 39 Twenty -Two: General Provisions 39 Twenty -Three: Amendment and Revocation 41 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I OATA1D1BKDV, \Bartels, ]onathanTial0ecluation 07-01-10 wpd DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR GALLOWAY AT THE HIGHLANDS TOWNSHOMES The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the real property and housing units constructed on the real property are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the real property for the benefit of all the real property and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the real property and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the real property and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Amendment of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "Allocated Interest" with respect to each Lot shall mean the percentage dervived by dividing 100 by the number of Lots in the Property. 2. "Areas Reserved to Declarant". The Declarant does hereby reserve until itself and convey to the Association a perpetual, non-exclusive easement, if necessary, for the placement and maintenance of any entry and signage monumentation and lighting and for all utilities necessary incident to the same, over and across portions of the property which are actively constructed upon concerning any entry or signage monumentation if constructed by the Declarant. Said easement shall authorize those benefitted by the terms thereof to enter onto and across said property at all reasonable times in order to effectuate the terms of the above grant and reservation. 3. "Articles" shall mean the Association's Articles of Amendment of Incorporation and any amendments. 4. "Assessment{s)" shall mean all assessments imposed pursuant to this Declaration. 5. "Association" shall mean the Galloway at the Highlands Homeowners Association formed as a nonprofit corporation for the purpose of administering this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 1 of 45 1.1DATAUSEM1M1Bartels,]onathanTlat\Declaratioan07-01-10,wpd g 6. "Association Lien" shall mean a lien in favor of the Association imposed pursuant to this Declaration. 7. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the development period, this term shall also mean the "Temporary Board" or "Declarant" as provided in this Declaration unless the language or content clearly indicates otherwise. 8. "Budget" shall mean the operating budget for the Association adopted pursuant to this Declaration. 9. `Building" shall mean any of the detached buildings on the property. Each building may contain multiple residences. 10. "Bylaws" shall mean the Association's Bylaws and any amendments. 11. "Condominium" shall mean the condominium regime established on either or both of the Condominium Parcels. 12. "Condominium Association" shall mean a non-profit corporation formed to administer one or more of the Condominiums. 13. "Condominium Parcels" shall mean Lots 1 and 24 as shown on the Plat of Galloway at the Highlands. 14. "Condominium Unit" shall mean an individual Unit within a Condominium. 15. "Common Areas" shall include but not be limited to what is identified as Tracts A, B, C and D. Common areas shall also mean the property both real and personal in which any of the Association(s) and/or all of the Lot owners has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the Plat map recorded as referred to above or any other recorded document. 16. "Common Expenses" shall mean all costs and expenses incurred by the Association, including, but not limited to, the following: (a) expenses of administration, maintenance, and operation, including, but not limited to, reasonable compensation to employees of the Association, (b) costs of repair or replacement of the common areas or any required or permitted Improvements thereon, (c) premiums or deductibles for all insurance policies and bonds required or permitted by this Declaration, (d) all real property and other DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 2 of 46 I \DATAOD BHDWRBarteis, JorathanTlat0mlaration 07-01-10. pd g taxes and assessments on the common areas, (e) utility and service charges, (f) funding of reserves for anticipated operational shortfalls or for replacement of capital items, (g) funding of reserves for the replacement of the common areas and any improvements and community facilities therein, and start-up expenses and operating contingencies of a nonrecurring nature, (h) legal fees and costs, (1) the costs of recovering unpaid Assessments, including legal fees and other costs of foreclosure of an Association Lien, 0) fees for professional services, (k) expenses of administration, maintenance, operation, repair or replacement of landscaping performed by the Association or the Association's agent on the owners Lots, (1) costs of maintaining any portions of the Buildings which the Association is required or permitted to maintain pursuant to this Declaration, (m) the cost of maintaining or repairing any store water drainage system, and (n) any other costs and expenses determined from time to time as reasonably necessary by the Board, or as otherwise incurred by the Association pursuant to this Declaration. 17. "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements and Restrictions. 18. "Declarant" The Declarant shall mean Galloway at the Highlands I, LLC, a Washington limited liability company, or any other person or entity to whom the Declarant assigns by written instrument its rights as a Declarant under the terms of this Declaration. 19. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the Lots have been sold by the Declarant or any shorter period, as determined by the Declarant. A partial delegation of authority by the Declarant of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the Lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage CoTporation, then in that event, the Development Period shall terminate at such time as 75% of all of the Lots have been closed and sold to other than builders. 20. "Governing Documents" means this Declaration, and rules and regulations promulgated under the authority granted hereby, and the Articles and Bylaws of the Association, all as amended from time to time_ 21. "Improvement" shall mean all structures and appurtenances thereof of every kind, whether above or below the land surface, including, but not limited to, buildings (including residences), garages, utility systems, walkways, driveways, parking areas, loading areas, landscaping areas, fences, walls, decks, stairs, poles, landscaping vegetation, irrigation systems, streets, signs, exterior fixtures, recreational facilities, play structures, lighting, paving, striping, curbs, picnic structures and any other structure of any kind. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I:1D.ATAM%BHD%NMarte1s, ]onathan\P3atOedaration 07-01-10 wpd Page 3 of 46 22. "Institutional First Mortgagee" or `'Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first note or deed of trust against a Lot or housing unit thereon. 23. "Lot" shall mean each of Lots as designated on any plat of land shown ont he recorded subdivision maps of the property, but excluding the Iettered tracts, and Lot shall also include a Condominium Unit after the same has been established in either Lot 1 or 24 by the recording a Condominium Declaration and Survey Map and Plans_ Therefore, for an example, if a Condominium is created on Lot 1 whereby 9 Condominium Units are created, then that will mean that there will now be 9 Lots in place and in substitution of Lot 1 and each of those Condominium Units which are now identified by Lots shall be subject to the terms and provisions of this Declaration, except as the same are specifically excluded from the terms and provisions hereof 24. "Majority Vote" shall mean a vote of the holders of more than 50% of the total number of votes allocated to the Lots in accordance with the provisions of this Declaration. 25. "Member" shall mean every person or entity that holds a membership in the Association. 26. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the real property. 27. "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, or a portion of a Lot, with the permission of the owner. 28. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the owner. 29. "Party Wall" shall have the meaning as ascribed to it in this Declaration. 30. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 4 of 46 1'.%DATAMD BHDWN Ariels, ]onathanlPlatlDeclaration 07-01-10. pd g 31. "Property" shall mean and refer to the real property described with particularity in "Exhibit A" and such additions to that property which may hereafter be brought within the jurisdiction of the Association. 32. "Residence" shall mean and refer to a detached structure occupying any Lot situated within a building. 33. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 34. "Structure" shall mean any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailboxes, rockery, or the like. 35. "Tracts shall mean Tracts A, B, C and D, inclusive, as shown on the Plat. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all Lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all Lots, then the Board of Directors, as elected by the Members, shall appoint one or more members to the Architectural Control Committee. Section Two: Purpose of Development Period. The Declarant's control of the Association during the Development Period is established in order to ensure that the real property and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Declarant's completion of construction of housing units. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 5 of 46 I'WATAUBHD M' 4ands, Jonathaol?IallDmlaralion 07-01-10.wpd g Section Three: Authority of Association After Development Period. At the expiration of Declarant's management authority the Association shall have the authority and obligation to manage and administer the common areas and to enforce this Declaration_ Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration_ Section Four: Delegation of Authority. The Board of Directors, Declarant may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board, Declarant shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. Section Five: Termination of Development. Upon termination of the development period, the Declarant, in accordance with the by-laws, shall conduct by mail an election of a Board of Directors who shall then act in accordance and in connection with the terms and provisions of the Articles of Amendment of Incorporation, By -Laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, may give written notice of termination of the development period to the owner of each Lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation, By -Laws and this Declaration. ARTICLE THREE: HOMEOWNERS ASSOCIATION Section One: Non -Profit Corporation. The Association shall be incorporated as a non- profit corporation in accordance with RCW 24.03. Section Two: Membership. Every person which is an owner of any Lot (and the term Lot shall also mean any Condominium Unit once it has been established in accordance with the Washington Condominium Act) shall be a member of the Association_ Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All owners shall have the right and duties specified in the Government Documents. Section Three: Voting. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 6 of 46 I\DanlP ATA%D%tRb1M\Banels, lanathlatWenlarahon p7-O]-lo.wpd 1. One Vote. owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person owns an interest in any Lot, the vote for that Lot shall be exercised as the owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any owner may be suspended as provided for in the Governing Documents. 2. Voting Representative. There shall be one voting representative of each Lot. Declarant shall be considered an "owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, such person shall have the votes for each Lot owned. The voting representative shall be designated by the owner but need not be an owner. 3. Joint owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint owners are unable to agree among themselves as to how their vote shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of such votes shall be counted and such votes shall be deemed void. Section Four: Meetings. 1. Annual Meetings, Audits. There shall be an annual meeting of the owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the owners no less than fourteen (14) days and no more than sixty (60) days prior to the date fixed for such meeting. At the annual meeting, there shall be presented a report on the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each owner, and the estimated expenses, if any, for the Association for the coming fiscal year. A Lot owner, at his expense, may at any reasonable time make an audit of the books of the Association. 2. Special Meetings. Special meetings of the owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the owners, or for any other reasonable purpose. Such meeting shall be called by written notice of one third or more owners, which notice shall be delivered not less than fourteen (14) days and no more than sixty (60) days prior to the date fixed for such meeting. The notice shall specify the date, time and place of the meeting, and in general the matters to be considered. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 7 of 46 L0ATA1B1BHDWBade1s,knathanTlat\Declaration07-01.10.wpd g 3. Quorum Requirements for Association Meeting. At a meeting of the owners, twenty-five percent (25%) of the voting owners present in person or by proxy shall constitute a quorum. A majority of owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum for the preceding meeting. In the absence of a quorum at an owner's meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (3 0) days from the original meeting date. Section Five: Bylaws of Association. Bylaws for administration of the Association and the property, and for other purposes not inconsistent with the intent of this Declaration, may be adopted and amended by the Board. The bylaws may contain provisions which are supplementary to, and consistent with the Declaration. In particular, but without limitation, the Board may establish provisions for the giving of notice (including electronic notice) of the time and place of meetings, and the like, Section Six. Power of the Association. The Association shall have the powers enumerated below, any powers reasonably implied from the grant of enumerated powers, and any power reasonably necessary to the effective administration of the common areas, and for effectuation of the purposes of this Declaration. (a) Purchase policies of liability and property insurance on the common areas and the buildings, and such other insurance as the Board deems advisable, and take all actions which may be necessary or convenient in dealing with any insurance recovery or any insurance company. (b) Purchase legal and accounting services, if necessary, for the administration of Association affairs, administration of the common areas, or the enforcement of this Declaration. (c) Arrange for the maintenance, repair and replacement of the common areas. (d) If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (I) to protect common areas; or (2) to preserve the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page $ of 46 LOATAUBHDW3tnels, lonathan0al0eclusbon 07-01-10.wpd g appearance and value of the property as a whole. The Board may authorize such maintenance activities if the owner or owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to th owner or owners of such Lot, provided that the Board shall levy a special assessment against the owner or owners of such Lot for the cost of such maintenance. (e) Pay any amount necessary to discharge any lien or encumbrance levied against the entire property or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the property or a portion thereof and/or against the common areas. Where one or more owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and costs of title search incurred by the Board by reason of such lien or liens. Such fees and costs shall be assessed against the owner or owners and the Lot responsible to the extent of their responsibility. (f) Pay all utility charges attributable to common areas. (g) Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and common areas. (h) Improve common areas with new capital improvements; provided that for those capital improvements exceeding $5,000.00, fifty-one (51%) percent of the owners (not just a quorum) must approve the addition of such capital improvements to the common areas. (i) Enter any Lot or residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the board, its agents, or employees shall attempt to give notice to the owner or occupant of any Lot or residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the owners as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to any emergency (unless the emergency was caused by the owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the work, repairs or maintenance activities were necessitated by the owner's neglect of the Lot or the owner's violation of the restrictions or duties set out in this Declaration, the bylaws or the articles, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another owner of another Lot, the cost thereof shall be specially assessed against hte owner of the other Lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 9 of 46 tWATAVDI3HD1M'Banels, SonathanAatlD Iuation 07-01-10_wpd g 0) Adopt and publish reasonable rules and regulations consistent with this Declaration governing the members and their guests and establish reasonable penalties for any infraction thereof. (k) Employ a property manager to keep the books for the Association and take such other action as the Association may deem appropriate. (1) Impose annual and special assessments to pay for common expenses. (m) Open a bank account on behalf of the Association and designate the signatories required. (n) Exercise all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the governing documents. ARTICLE FOUR: COMMON AREAS Section One: Dedication of Common Areas: Upon recording of this Declaration, the management and control of all common areas shall be conveyed and vested in the Association; however, each Lot owner for tax purposes shall have an undivided equal interest in said common area as delineated on the Plat map. However, the Declarant however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. The common areas shall include, but not be limited to, those identified in Article One of this Declaration. Section Two: property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas in a manner consistent with this plat, this Declaration, the Articles and the By - Laws of the Association, and subject to Washington law, municipal ordinance, and any rules and regulations adopted by any governmental authority having jurisdiction over the same. Section Three: No Residential Development. None of the common areas can be used or improved for any type of residential development as required by the City of Renton. ARTICLE FIVE: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance - Common Areas. The Association shall maintain the common areas in a manner consistent with good building and nursery practices, DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 10 of 46 IIDATA0ZHDW\Barte1s, SonathmTlalOtclaraiion 07-01-10.wpd g and in compliance with all applicable codes and regulations. The common areas shall include but not be limited as defined below together with all easements which are for the benefit of all Lot owners. These common areas include but are not limited to the following: 1. Tracts A, B, C and D, as identified on the Plat of Galloway at the Highlands. Tract A, B, C and D is hereby granted and conveyed to the Galloway at the Highlands Homeowners Association. In the event the Galloway at the Highlands Homeowners Association is dissolved or otherwise fails to meet its property tax obligation as evidenced by non. -payment of property taxes for a period of eighteen (18) months, then each Lot in this plat shall assume and have an equal and undivided ownership interest in the tracts previously owned by the Galloway at the Highlands Homeowners Association and have the attendant financial and maintenance responsibility. 2. The round -a -bout island, including landscaping thereon, located in the roadway between Tracts A and D. 3. All landscape planters owned and controlled which were constructed and located by the Declarant. 4. All easements which have been established for the benefit of Loi owners or the Association or reserved to the Declarant, which may be delineated on the Plat of Galloway at the Highlands, or which easements are reserved on any other recorded document as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas or any common areas as defined above. Section Two: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot owners and shall be referred to as common expenses. The common expenses shall be paid by the Association from funds collected from assessments paid by Lot owners. The common expenses shall include, but shall not be limited to, the following: I . The cost of maintaining all required insurance coverage and fidelity bonds on any common areas, and for directors and officers of the Association; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I1DA7A\D1BFMW%Azce1s, IonathanTlat0eclaration 07-01-10_wpd Page 1 I of 46 2. The cost of maintaining, repairing and replacing all common area improvements, including but not limited to, (provided the same have been installed by the Declarant or the Association) playground equipment, paved pedestrian pathways and sidewalks not within the road right-of-way, lights constructed and installed by Declarant to illuminate any pedestrian pathways, and any street lights which are not otherwise maintained by a public utility or public authority, speed limit, no parking and street address advisory signs constructed and installed by Declarant. 3. The cost of maintaining, repairing and replacing street trees which have been planted as a requirement in order to obtain plat approval. 4. The cost of maintenance of those portions of the Lot and the building situated thereon as more particularly set forth in this Declaration and/or have been installed by Declarant. 5. Any other expense which shall be designated as a common expense in the Declaration, or which shall be designated as a homeowners association expense as a requirement for plat approval; or may be designated as a common expense from time to time by the Association. Section Three: Maintenance of Lots. The condominiums created in Lots 1 and 24 are excluded from this provision. 1. Maintenance by owner. Except where the obligation is imposed on the Association by the provisions of this Declaration, each Lot and Residence shall be maintained by the owner in a lawful, neat, clean and attractive condition at all times. Without limiting the generality of the foregoing, each owner's obligations include the following: (a) Exterior Maintenance. Each owner shall maintain, repair and replace the gutters, exterior siding, windows, doors, lighting (including relamping) and other weather protection and related improvements on such owner's Lot in good condition and repair. All repairs, replacements, or reconstruction shall be completed with materials as near as possible to the quality, type and color of the original improvements. (b) Refuse. Each Lot shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in a sanitary containers situated on the each Lot sealed DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1ADAYA\MB DWASartels, JonathanTlatOD iaratton 07-01.10. pd Page 12 of 46 from view of any other Lot. The containers shall be emptied regularly and their contents disposed off of the Property. No grass cuttings, leaves, limbs, branches or other debris from vegetation shall be dumped or allowed to accumulate on any part of the Property, except that a regularly tended compost device shall not be prohibited in any back yard. (c) Storage and Parking. No storage of goods, vehicles, boats, trailers, trucks, campers, and recreational vehicles, or any other equipment or device shall be permitted except in parking spaces designated by the Association and subject to such rules and regulations regarding such storage and parking shall be promulgated by the Association from time to time. There shall be no parking on vehicles in an easement area, without prior written permission of the Association and subject to any applicable laws. (d) Shared Fence. Each owner shall share equally the responsibility of maintaining any fence between such owner's Lot and any other owner's Lot. If the owners disagree on any aspect of such fence maintenance, any one of them may request that the Association perform reasonable fence maintenance or replacement; provided that the Association shall make a special assessment against the owner's of the effected Lots in such manner and proportion as the Association shall, in its sole discretion, determine. In the case where the owners located in a single Building have any disagreement with respect to the maintenance of their respective portions of such Building, any such owner shall have the right to have such dispute resolved by the Board, by written notice to the Secretary and President of the Association, with copies to all other owners located in such Building. Each affected owner shall have the right to submit such written materials to the Board as the owner desires, subject to such time and page limits as the Board may wish to impose. The Board shall within forty-five (45) days after such notice hold a meeting for the purpose of resolving the issue, at which meeting each of the owners shall be entitled to present the owner's position, subject to such procedural limitations as the Board may impose. The Board may resolve the issue at such time, or later in executive session. The resolution of the Board shall be in writing, and shall be final and binding on the parties. The Board may engage the services of legal counsel in connection therewith, and the fees of such counsel may be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 13 of 46 I:TATA1LXRH M�Sanels, Jonacha %Piat\Declaration 07-6I-10.wpd g (but are not required to be) specially assessed against any owner who is found to be substantially in the rw-rong. Any resolution by the Board may include having the Board cause any work to be done, with the cost of the work specially assessed against the owners of the improvements in question, together with a twenty percent (20%) administrative fee. 2. Lot Maintenance by the Association. (a) Basic Obligations. The Association shall be responsible for the repairs and maintenance set forth below; however, the cost of any repairs, replacement, recaulking or any work of a similar nature shall be assessed against the Lot owners situated in the building structure in which the residential structure of the Lot owner is located: (i) Exterior Paint and Weather Sealing. Painting, sealing, flashing and caulking of exterior Building surfaces. (ii) Roof Maintenance and Replacement. Repairing and replacing roofs, gutters, and down spouts. The Association shall also be responsible for repair and replacement of interior damage caused by leaks through portions of the exterior of Buildings that the Association is responsible for maintaining, but excluding damage to improvements and betterments installed in the Residence by an owner. The Association may either repair or replace damaged portions of the Building, including finishes and fixtures, with materials and workmanship of like kind, quality and condition as was originally installed by the Declarant or may pay the owner an amount equal to the cost of such repair and replacement in lieu of doing such work- All decisions regarding maintenance and repair shall be determined by the Board. (iii) Lot Landscaping. The maintaining of all exterior landscaping on the property. (iv) Casualty Repair. Repair of any damage which is covered by insurance required to be carried by the Association (including damage which is below the amount of any deductible.) I Optional Obligations. The Association shall perform any maintenance, repair or replacement that this Declaration imposes upon the owners as their DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 14 of 46 I.DATAU)UBHDWBartels, 3onathantPlatlDeclaretion 07-01-10awp� g individual responsibility, if the owners have elected by a vote or consent of at least fifty-one percent (51 %) of the total voting power (not just a quorum) to delegate such responsibility to the Association. 4. Right to Perform Maintenance Neglected by an owner. In the event any owner fails to perform any obligation required under this Declaration including, after reasonable written notice to the owner, the Association may enter upon the Lot to perform the required obligation, All costs related to the performance of such obligation shall be specially assessed to such owner, plus an administrative fee equal to twenty percent (201/1o) of such cost. 5. Insurance Proceeds. In the event any repair or replacement of either the roof of any exterior or interior portion of the building or residence that is due to casualty or any other incident for which there is insurance coverage under the casualty insurance policy carried by the owner and said insurance proceeds shall be available and paid to the Association to perform such repair work that if there is such insurance coverage for such repairs, it will be paid for from the insurance and not from Association funds. Section Four: Extraordinary Use Expenses. In the event that one or more Lot owners should by their use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damage those common areas or any improvements located thereon or therein, the individual subjecting the common area to such use shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Five: Street Repair,. Maintenance and Cleaning. All owners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the street as a result of any construction activities and the owners shall at all times remain responsible for keeping the street clean of any such debris, dirt and material. In addition, all owners shall use due diligence to avoid causing any damage to the street or sidewalks and all streets and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. The owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the owner to abide by the terms and provisions of this Declaration. In the event any owner does not pay the same upon request, then the Declarant shall have a lien against the property of said owner to secure payment of said reimbursement. In the event it cannot be determined which owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pae 15 of 46 1 \DATA\U1BF0&i\Bane1s, 7onachanlPlac\peclamuon 07-01-10 wpd g incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Dee]aratibn. Section Six: Street Trees. As a condition of plat approval, the Declarant may have had to install certain trees either within the street right of way or on Lots as a condition for obtaining final plat approval. The Homeowners Association is responsible to maintain said trees and in the event any tree is removed for any reason, the Homeowners Association shall immediately replace the tree and if necessary shall reimburse the Declarant for the cost of replacing said tree. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten (10) years after recording of this Declaration. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in a easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every Lot subject to the following provisions: The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards. 2. The right of the Declarant during the development period or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid for a period not to exceed sixty days, and for any and each separate infraction of its prohibited rules and regulations. I The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members as applicable may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the Lots that have been recorded. 4. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas which will increase the rate of insurance on the common areas or other Lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will DECLARATION OR PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Y,DATMU,5KDW\BRi16s,lonaihanlPlaltUeclaratton 07-01-10wpd Page 16 of 46 result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas. Nothing shall be altered or constructed in, or removed from any common areas except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section Ten: Dumping in Common Areas or Easements_ No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping: and Fencing_ No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the Plat except as deemed appropriate by the Board. This prohibition shall not apply to the landscaping and any improvements in the common areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private Lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of Lots extending to the edge of the curb or sidewalk. Section Twelve: Mana eg ment. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1.1DATA0\BHMM1Banels, Sonathan\PlattiDeclaration 67-61-10 wpd Page 17 of 46 cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. Section Thirteen. Parking Area. There has been designated an area for parking of members, guests and invitees which is situated on the Plat and the Association Board of Directors shall have the authority to adopt such rules and regulations relative to such parking as they deem appropriate and necessary. ARTICLE SIX: ASSESSMENTS Section One: Covenants for Maintenance Assessments. Each owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any deed or other conveyance, is deemed to pay to the Association annual or other regular assessments as set forth in this Declaration. 2. The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the owner's successors -in -interest unless expressly assumed by them. The new owner shall be personally liable for assessments which become due on and after the date of sale or transfer. 4. Unless otherwise provided for in this Declaration, no Lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments; The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the real property, including the improvement, repair and maintenance of the common areas and the services and facilities related to the use and enjoyment of said areas, for DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1.1DATA1D\BHDV45Bart6a, Jowhan\PlaiOeclaraaon 0-01-10 _pd Page 18 of 46 the payment of insurance premiums on the common areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Reyular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (3 0) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those common areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the By - Laws of the Association which are incorporated herein as though fully set forth. Section Four: Special Assessments. In addition to the assessments authorized above., the Association by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the common areas. However, the Declarant shall not be obligated to pay any special assessments on Lots owned by the Declarant_ Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require the approval as set forth in the By -Laws. Section Five: Assessments of Budgeted -Common Expenses Against Lots. The annual expenditures contained in the budget, net of budgeted income, shall be assessed in equal shares against each Lot. Each owner of a Lot, for himself or herself, and for his or her heirs, personal representatives, successors and assigns, hereby covenants and agrees, and each subsequent owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in the deed, is deemed to covenant and agree, to pay the Association, for each Lot owned, any and all assessments charged by the Association pursuant to this Declaration. Section Six: Initial Assessment. The initial assessment which shall be paid by any owner who acquires a Lot from the Declarant shall pay at time of closing the sum of Three Hundred Dollars ($300.00) which amount shall be paid to and held by the Association for Association expenses under the terms of this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 19 of 46 S. 1➢A7A\MBHDN\3artels, JonathanTlatlDeclaralion 07-01-10.wpd g Section Seven: Annual Assessment. The annual assessment shall be determined by the Declarant prior to the sale of the first Lot and each Lot owner; upon purchasing from a Declarant, shall pay the prorata portion of said assessment. Said annual assessment shall be due on or before the first of each month. The above referenced annual assessment shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the Declarant shall pay the difference to the Association or pay for said expenses and at such time as there have been sufficient assessments collected by the Association, the Declarant shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any Lot owned by the Declarant. The annual assessment as set forth above may be increased during the development period to reflect (1) maintenance costs; (2) repair costs; or (3) plat management costs. All increases during the development period must directly reflect increase in the above cited costs. During the development period, the Declarant shall have the authority to reduce the annual assessments if economic data support such a reduction because of reduced maintenance costs or other anticipated association expenses_ Section Eight: Certificate of Paymcnt. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE SEVEN: COLLECTION OF ASSESSMENT Section One: Lien - Personal Obligation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the Lot at the time the assessment was due. No owner may waive or otherwise avoid liability for assessments by non-use of the common areas or abandonment of the Lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 2Q of 46 [:0ATAID\BKD\M\Barte1s, lonathm7atZeclarationa97-01-10.wyd g Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at an annual rate of eighteen (18%) percent. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three. Recovery of Attorneys' Fees and Costs. The Association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not those collection activities result in suit being commenced or prosecuted to judgement. In addition, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees on appeal and in the enforcement of a judgement, whether in the State of Washington or a sister state. Section hour: Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Association, or the Manager, or another authorized agent of the Association if neither the president nor treasurer nor Manager is available, stating the indebtedness, if any, for Assessments secured by the Association's lien upon any Lot shall be conclusive upon the Association as to the amount of indebtedness on the date of the certificate in favor of all persons who rely thereon in good faith. A certificate of Assessments, in recordable form, shall be furnished to any Member, Owner or any Mortgagee within a reasonable time after request at a reasonable fee to be set by the Board. Unless otherwise prohibited by law, any Mortgage may pay any unpaid Assessments payable with respect to that Lot and upon payment that Mortgage shall have a lien on the Lot for the amounts paid of the same rank as the lien of its Mortgage. Section Five: Non -Judicial Foreclosure of Assessment Lien. The Owners by approval of this Declaration each hereby bargain, sell and convey to Chicago Title Insurance Co., a Washington corporation (the "Trustee"), in Trust, for the benefit of the Association, as beneficiary, with power of sale, the real property which is subject to this Declaration, which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any way appertaining, and the rents, issues and profits thereof. This grant is made by each Owner for the purposes of securing performance of the payment of all Assessments due hereunder DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 21 of 46 I,\DATA0THDMBarteis, JomthanTlat\Declaration 07-05-30awpd g against each Owner's respective Lot. Upon default by any Owner in the payment of any Assessment, upon the written request of the Association, the Trustee shall sell the Lot subject to the lien for Assessments, in accordance with the Deed of Trust Act and the State of Washington at public auction to the highest bidder. Any person except the Trustee may bid at a Trustee's Sale. The Trustee shall apply the proceeds of the sale as follows: (1) the expense of sale, including a reasonable Trustee's fee and any attorney's fee; (2) to the obligation secured by this grant in trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. The Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which the Owner had or had the power to convey at the time of adoption of this Amendment, and such as he or she may have acquired thereafter. The Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and the Declaration, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchase and encumbrancers for value. The beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the real property records of the county in which this Declaration is recorded, the successor trustee shall be vested with all powers of the original trustee. Section Five: Judicial Foreclosure of Assessment Lien_ The Association may foreclose the lien on any assessment by appropriate action in court in the manner that a mortgage is foreclosed or in any other manner provided by the laws of the State of Washington as they may from time to time be changed or amended. In any action to foreclose a lien against any Lot for nonpayment of delinquent assessments, any judgment rendered against the owner of a Lot in favor of the Association shall include a reasonable sum for attorney fees and all costs and expenses reasonably incurred in preparation for or int he prosecution of the action in addition to taxable costs permitted by law. The Association shall have the power to bid in at any resulting sale and to purchase, acquire, lease, hold, mortgage and convey any Lot. Section Six: Records. The Board shall cause to be kept complete, detailed and accurate records of all receipts and expenditures of the Association, specifying and itemizing each expense incurred. Except to the extent exempted from disclosure under applicable law, the books and records of the Association, including the records and resolutions authorizing payments by the Association and all contracts, documents, minutes, resolutions, papers and other records of the Association, shall be available for examination and copying upon prior request by any member, owner, mortgagee, prospective purchaser of a Lot, or prospective mortgagee, personally or by an authorized representative, during normal business hours at the place at which the records are normally kept or at another reasonable time and location established by the Board. The Association may assess reasonable charges against a member DECLARATION OR PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 22 of 46 I',DATAIDIBHD1M 6zrte1s, )onathanWiat\Declaration 07-01-10.wpd g or owner, as a special assessment, to cover the direct and indirect costs of examination and copying of Association records by an owner or member or their representatives and may require any other requesting party to pay a like charge. ARTICLE EIGHT: BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section One: Condominium Excluded. All Condominium Units created in Lots I and 24 are hereby excluded from the provisions dealing with building, use, and architectural restrictions as more particularly set forth in this Declaration. Section Two: Residential Restrictions. All Lots within the property shall be used solely for private single-family residential purposes. Private single-family residences shall consist of no less than one Lot. No garages shall be converted into living space. No single residence shall be altered to provide a residence for more than one family. Section Three: Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with any owner's right to use and enjoy their respective Lots or common areas. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use by an owner unreasonably interferes with those rights. Such determinations shall be conclusive. Section Four: Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or common area, nor shall anything be done or maintained on the Property which may be or becomes an activity or condition which unreasonably interferes with the right of other owners to use and enjoy any part of the Property. No activity or condition shall be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. Section Five: Fences, Walls & Shrubs. Fences, walls and shrubs are permitted to delineate the Lot lines of each Lot, subject to (1) approval of the Board and (2) determination whether such fences, wall or shrubs would interfere with utility easements, reflected on the face of the Binding Site Plans and other easements elsewhere recorded are actually known. All fences constructed on the Property must be of the same type, style and material as constructed by the Declarant, unless otherwise authorized by the Declarant or the Board. Section Six: Temporary Structures. No structure of a temporary character or trailer, recreational vehicle or other out buildings shall be used on any Lot at any time as a residence, either temporarily or permanently for residential purposes, except for such structure or trailer used by Declarant during the construction or sale of Residences. All such structures shall be removed at the expense of the owner of the Lot on which the structure is located. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I`\DATA\D1BHDWBaAels,)onathanlPlaMedaration07-01-10.wpd Page 23 of 46 Section Seven: S__i . No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot; except one sign not to exceed six (6) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs also be used by the Declarant to advertise the Property during the construction and initial sale period. All such signs shall be of a quality equivalent to those used by Declarant One sign will be allowed at the entry of the Plat, unless otherwise authorized and approved by the Declarant or the Board. Political yard signs not more than six (6) square feet, of a temporary nature, will be allowed on Lots during political campaign. periods. Section Eight: Animals. No animals other than dogs, cats, caged birds and tanked fish, may be kept on any Lot. No more than two (2) mammalian pets may be kept on any Lot. Dogs shall not be allowed to run at large, and no dog runs shall be permitted. Leashed animals arc permitted within the common areas. Efforts should be made by the person accompanying the animal to remove animal waste deposited on lawns and right-of-ways_ All exterior pens and enclosures must be approved by the Board prior to construction and shall be kept clean and odor free at all times, If, upon investigation by the Board, it is indicated that an animal or animals are being kept in violation of this section, the Board will give the owner ten (110) days' written notice of the violation_ Such violations must be remedied by the owner within said ten (10) days. Failure to comply with the written notice will result in a fine of twenty-five dollars ($25-00) per day during any period of non-compliance. The Association shall be entitled to reimbursement of all attorneys' fees and associated costs for any action taken to collect such fines. If a Lot owner violates provisions of this section regarding pens and enclosures on more than two (2) occasions, the Board may required the Lot owner to remove such structure. Persistent disturbances caused by a Lot owners barking dog may be considered an unreasonable interference with the right of other owners to use and enjoy their property_ The Board may require the Lot owners to keep a barking dog indoors_ Section Nine: Radio and Television Antennas and Satellite Dishes. No television or radio aerial or satellite receiving dishes or similar devices shall be erected or placed so that it is visible from the entry to the property or the entry areas of any of the other homes. No more than one satellite or receiving device shall be installed on any Lot and the maximum diameter of any such device skull be eighteen (18't) inches. Section Ten: Protection of Trees. Homeowners shall not cut down trees located on Lots within the Plat unless such trees are dead. It shall be necessary- for homeowners to obtain the permission of the Board before cutting or pruning such trees. This provision only applies to trees in the Plat as developed by the Declarant and trees planted prior to Declarant's development and shall not apply to trees which owners plant on their Lots. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 24 of 46 LMAT.AODBHDV&Bartels, JonathariTial0mlaration 07-M-10 pd Section Eleven: Trash Containers and Debris. All owners shall place their trash in the trash containers situated on each Lot which shall be scaled from the view of any other Lots together with yard waste recycled materials containers, which containers may be placed on the driveway or roadway only for purposes of collection and upon the termination of collection must be removed and located on the Lot in accordance with the provisions of this Declaration. Section Twelve: Noise and Offensive Activity. owners, or any Occupant of the Property, shall refrain from making Ioud noises or playing musical instruments, radios, televisions, electronic music or using amplifiers at noise levels that may disturb other owners or Occupants of the Property. No owner shall mount any speakers or equipment containing speakers on any Party Wall; provided that owners may mount flat screen televisions with stock speakers on Party Walls. Any disputes regarding such matters may, at the request of any owner, be resolved by the Board in the same manner as provided in this Declaration above for resolution of disputes concerning Lot maintenance. owners are advised that living in a town home necessarily involves some compromise in acoustical privacy. Certain of the Lots are adjacent to an Interstate Highway, which also could create some noise issues. In no event shall the Association or the Declarant have any liability to any owner with respect to noise issues. Section Thirteen. Damage. Any damage to common areas by owners, their children, contractors, agents, visitors, friends, relatives, or service personnel shall be repaired and restored by the Association and any associated expense shall be assessed against the owner(s) causing such damage as a type of assessment, Section Fourteen: Vehicle Parking and Storage. Vehicles may only be parked on designated and approved driveways or parking areas, which shall be hard surfaced, or within garages. No storage of vehicles, boats, trailers, multi axle trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. This provision shall not exclude the parking of up to a combination of two (2) automobiles and regular sized pick up trucks on the designated driveway or parking areas on the Lot as set forth above. A Lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. Section Fifteen: Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the real property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Sixteen: Dirt bikes and/or ATV. No unlicenced motor vehicles, including motorcycles, motor scooters, ATV's etc., shall be permitted on any street within the Plat, nor DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 25 of 46 IADATA1b RMW18anels, lonashanTlazoeclaration 07-01-1 O.w on any common areas. That bicycles and dirt bikes also shall not be permitted on any common areas unless operated in areas specifically approved by the Association. Section Seventeen: Entry for Inspection. Any agent or member of the Declarant may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential Lots for the purpose of snaking and carrying out such inspections. Section Eighteen: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the real property, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Nineteen: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take an action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.3 8, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 54.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article 10, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE NINE: PARTY WALLS This Article shall apply to party walls between adjoining Residences. (the Condominium Units contained in Lots 1 and 24 are excluded from this provision) A "Party Wall" is any wall of a Building which is shared by two Residences and which runs along the Lot line of the two Lots upon which the Residences sharing the wall are located. For purposes of this Section, the term Party Wall includes everything, if anything, located within such wall (such as studs, framing, insulation, soundproofing material, pipes, wires, joints, junction boxes and other materials or equipment related to utilities) and below the wall (such as the surface of the ground and footing and/or foundations location on the ground). DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 25 of 46 1ADATA1D\B14D\M\Ba.-te1s, Jonath-TiatOeclaralfon 07-01-10.wpd g Section One: Maintenance. The ownership of each Party Wall shall be divided between the adjoining owners so that each owns to the center of the wall, irrespective of whether the center of the wall is located exactly on the boundary line of that owner's Lot and each owner shall maintain and repair such owner's portion of the Party Wall except as otherwise provided below. Section Two: Damage to Pa Wall Without Significant Damage to Dwelling Units - A. If a Party Wallis damaged and (1) the damage was not caused by the fault or negligence of either of the adjoining owners of the wall, and (2) neither Residence has suffered Substantial Damage (defined below) other than that to the Party Wall, and (3) the damage is not insured by the Association's property insurance policy, then the owners of the adjoining Residences shall each pay one-half (112) of the cost of repairing or rebuilding the Party Wall. The wall shall be repaired or rebuilt to substantially the same condition and in the same location as the Party Wall was in immediately before the damage. "Substantial Damage" shall mean damage which is estimated to coat more than $5,000,00 to repair, B. If a Party Wall is damaged and (1) the damages was caused by the fault or negligence of one (but not both) of the adjoining owners of the wall, and (2) neither Residence has suffered Substantial Damage other than that to the Party Wall, then the owner that caused the damages shall at his/her Sole cost and expense repair or rebuild the Party Wall to as nearly as practicable the same condition and in the same location as the Party Wall was in immediately before the damage and shall repair the resultant damage, if any, to the other Residence. Each owner of the adjoining Residences shall the right to full use of the Party Wall as repaired or rebuilt. Section Three: Damage to Party Wall with Other Damage to a Residence. If a Party Wall is damaged and either or both of the adjoining Residences suffers Substantial Damage, the Party Wall will be repaired and rebuilt with costs shared as provided in this Section and the Cost of repairing the other damage to each Residence shall be paid by the owner of each such Residence. Section Four: Access to Party Wall Interior. Each owner shall have the right, at its sole expense, to drill into, cut into or otherwise gain access to the interior of a Party Wall for the purpose of maintaining, repairing or restoring and, if consent if first obtained pursuant to this Section, remodeling or altering, water, utility, soundproofing or other services or amenities to the owner's Residence subject to(l) the obligation to restore the Party Wall to the same DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 27 of 46 I. TATAkOIBHDW'Marlds, Jonathan\Plaft)ecluation07-01-10.wpd condition it was in immediately before the act and (2) responsibility to the owner of the adjoining Residence for any damages caused thereby. Section Five: No Alteration. No owner may make any changes or alterations to a Party Wall which effect the adjoining Residence without the prior written consent of the owner of the adjoining Residence and proper approvals from the City of Lakewood. Section Six: Easement for Inadvertent Encroachment. Each owner shall have an easement over the adjacent Lot for the following reasons: A. Top have the Party Wall remain and be rebuilt in its same location as when originally built; B. To use, for Party Wall purposes, that portion of the adjoining Residence upon which the Party Wall is built; and C. For access through, in, or upon any portion the adjoining Residence reasonable necessary to effect repairs to, maintenance or reconstruction of the Party Wall, or repair or maintenance to that portion of any foundation, exterior wall or roof of the structure which meets with, adjoins or is connected to the Party Wall. Section Seven: Protection of Party Wall. Each owner shall take all steps reasonably required to, upon or in the owner's Residence to protect the Party Wall from infestation of, damage from or exposure to: rain, snow, hail, wind and other weather condition, moisture, dry rot; rodents; termites and other damaging or dangerous vermin or insects; and deterioration or other injury, whether sudden or cumulative, from any use of or condition in the owner's Residence except wear and tear incident to ordinary and prudent use of the Residence. Section Eight: Rights in the Event of Default. If an owner fails to perforin any actor make any payment required by this Section, and such failure continues after five days' prior written demand from adjoining owner(s), then the adjoining owner(s) may cure the default and charge the defaulting owner for the cost of the cure, which shall be due upon demand, with interest on all sums due at the rate of twelve percent (12%) per annum until repaid. Further, the curing owner(s) shall have a lien upon the defaulting owner's property, which may be recorded and, if recorded, shall contain the information required in a mechanic's lien. The lien may be foreclosed in the manner as provided and with the priority with respect to mechanic's liens, In addition, the curing owner(s) shall have the right of access to, through, in or upon and use of the Residence and Lot of the defaulting owner for the purpose of performing the act. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 28 of 46 10ATA\DIBHDVv1ZarWs, lonathanlPlatlbeclaration 07-01-10.wpd ARTICLE TEN: ALTERATIONS TO OR REBUILDING OF A RESIDENCE. Section One: Uniformity of Appearance. Declarant has built or is building a series of single family on the Property as a unified development. One of the purposes of this Declaration is to assure purchasers that Residences in this project will maintain a uniformity of use and appearance of the exterior of the Residences, including with regard to paint colors and exterior finishes. Section Two: Uniformity of Dcs n. Following the construction of the initial Residences by Declarant, no Residence shall be altered (including rebuilding of a damaged Residence) unless the alteration is designed and constructed to match the design and construction of the previous Residence and other Residences on the Property. If an owner wishes to alter the exterior appearance or design of a Residence (including without limitation, paint color), the owner must submit to the Association a detailed information regarding the proposed design and appearance of the alteration. The owner shall be permitted to make the alternation(s) only if the owners of a majority of the Lots, including the owner(s) whose Party Walls adjoin the altered Residence, approve the design and detailing of the alteration. owners acknowledge that in rebuilding or modifying the Residence on their Lot, there might be clear demarcation or breaks in materials or surfaces between their Residences and that adjoining Residence, and that it is the rebuilding owner's obligation (at such owner's sole cost) to construct or reconstruct the Residences such that surface materials, textures, colors and finishes flow from one Residence to the adjoining Residences without disruption. ARTICLE ELEVEN: COMPLIANCE WITH GOVERNING DOCUMENTS Section One: Strict Compliance. Each person who occupies a Lot within the Development as an owner or Occupant, shall comply strictly with the provisions of the Governing Documents and with all decisions of the Board (referred to in the Declaration as "Board Decision ") adopted pursuant to the Governing Documents, including a decision shade after a hearing required under the Declaration. The acceptance of a deed, conveyance, or lease, or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Governing Documents, are accepted and ratified by the owner or Occupant and that all provisions of the Governing Documents shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the Lot, as though the provisions were recited and stipulated at length in each and every deed, conveyance or lease of the Lot. Section Two. Failure to Insist on Strict Performance No Waiver. The Board shall exercise its business judgment in determining what actions to take in the enforcement of the Governing Documents. The failure of the Board to insist upon the strict performance of any DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS �77^L 4b IIDATAIDIBEMWBanels. fonathanTial0eclaration 07 -0] -IO. wpd Page L9 of of the terms, covenants, conditions or restrictions of the Governing Documents, or to exercise any right or option contained In the Governing Documents, or to serve any notice or to institute any action, shall not be constructed as a waiver or relinquishment for the future of that term, covenant, condition or restriction, but the term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Board of any Assessment from an owner with knowledge of any breach shall not be deemed a waiver of a breach, and no waiver by the Board of any provision of the Governing Documents shall be deemed to have been made unless expressed in writing and signed by the appropriate officers on behalf of the Board. Section Three: Enforcement Procedures. In the event of any violation by an owner or Occupant, the Association and any aggrieved owner shall have all of the rights and remedies which may be provided for in the Governing Documents, or which maybe available at law or in equity. Section Four: Internal Enforcement Procedures. A. Complaint Review Panel. Except as hereinafter provided, the Board, or a committee appointed by the Board, shall serve as the Complaint Review Panel ("Panel") and shall investigate, hear and determine all complaints concerning violations by any owner or Occupant pursuant to procedures set forth in reasonable policies adopted by the Board from time to time. The Panel is authorized to order compliance with the applicable provision(s) of the Governing Documents or a Board Decision. Any member of the Panel who is incapable of impartial, disinterested and objective consideration of a particular complaintlease shall disclose this to the Panel and shall remove himself or herself from participation in the proceedings and have it so recorded in the minutes. B. Informal Dispute Resolution Procedure. The Association and owners intend that an informal process be followed prior to the initiation of a formal hearing process against any party subject to the Governing Documents. To that end, any member, employee or agent of the Association has the authority to request that an owner or Occupant of any Lot cease and correct any act or perform any omission which appears to be in violation of the Governing Documents or of any Board Decision. The informal request must be made, in writing, prior to initiation of the formal hearing process. No formal hearing process shall be initiated unless the owner or Occupant against whom the complaint has been lodged has been provided ten (10) days DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I-IDATAID\DHD%MSzAdA7onalhan\PlaODedaration 07-C]-]O._pd Page 30 of 46 after the informal notice has been given to correct the condition or perform the act which was the subject of the informal notice. Section Five: Judicial Enforcement. Failure to comply with a provision of the Governing Documents, or a decision of the Board or Complaint Review Panel shall be grounds for an action to recover sums due for damages, fines or costs incurred by the Association in connection with the proceedings before the Panel, including reasonable attorneys' fees incurred by the Association. Such action shall be maintainable by the Association (acting through the Board) on behalf of the owners. Such violation shall further be sufficient grounds for the granting of injunctive relief to such an action and a showing of irreparable harm shall not be a prerequisite to issuance of such injunctive relief. Nothing contained in this Declaration shall be deemed or construed as a waiver of the Association's right to bring a judicial action without first exhausting the Association's internal enforcement procedures in cases where the Board deems immediate judicial action to be necessary or appropriate. In the event that the Board fails or refuses, after demand by an aggrieved owner or Occupant, to take appropriate action to enforce compliance with any provision of the Governing Documents or any Board or Panel decision, an aggrieved owner or Occupant on his or her own may maintain an action for damages or injunctive relief against the part failing to comply. In an judicial action to enforce compliance with the Governing Documents, or a decision of the Board or Panel, the prevailing party, including the Association, shall be entitled to recover from the non -prevailing party, whether or not the action proceeds to Judgment, its costs and a reasonable sum for attorneys' fees incurred in connection with the action, in addition to actual costs. Section Six: Enforcement Against Occupants. The occupancy of a Lot by a tenant and every lease shall be subject to the Governing Documents of the Association. By entering into occupancy of a Lot under a lease or rental agreement, a tenant becomes an Occupant of the Lot and agrees to be bound by the Governing Documents. A breach of the Governing Documents by a tenant shall be deemed to be a breach of his or her lease. In the event that a Violation by a tenant or other Occupant, the Board may notify the owner, and the tenant or other Occupant, of the violation and demand that the violation be remedied through the owner's efforts within twenty (20) days after the notice. The owner shall, within five (5) days of such notice, serve upon the tenant or other Occupant in the manner provided by law, a notice to comply or quit the premises. If the Violation is not remedied within the twenty (20) day period, then the owner shall immediately thereafter, at his or her cost and expense, institute and diligently prosecute an unlawful detainer action against the tenant or other Occupant. The unlawful detainer action shall not be compromised or settled without the prior written approval of the Board. If the owner fails to fulfill the foregoing obligation, then the Board shall have the right, but not the duty, to institute and prosecute an unlawful detainer action as attorney-in-fact for the owner and at the owner's sole cost and expense, including all legal fees incurred. The costs and expenses of the action shall be deemed to constitute Assessments secured by a lien on the Lot DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS t\DATA1D1$HDW\Bartels, JonwharTia[\Declaration 07 -01 -IQ, wpd Page 31 of 46 involved as well as the personal obligation of the owner, and collection thereof may be enforced by the Board in the same mariner as any other Assessment. Each and every owner does hereby automatically and irrevocably name, constitute, appoint and confirm the Association as his or her attorney-in-fact for the purposes described in this Section. ARTICLE TWELVE: LIMITATION OF LIABILITY So long as a Director, Officer, Association member, Manager or Declarant, acting on behalf of the Association, has acted in good faith, without willful or intention misconduct, upon a basis of such actual information as is then possessed by such Person, then no such Person shall be personally liable to any owner, or to any other Person, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of such Person_ ARTICLE THIRTEEN: INDEMNIFICATION Each Officer, Director, Manager, or Association member action on behalf of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except in such cases wherein such Officer, Director, Manager or Association member adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of settlement, the indemnification shall apply only when the Association approves such settlement and reimbursement as being for the best interests of the Association. ARTICLE FOURTEEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the common areas are subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the real property or shorn by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under, and on the common areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 32 of 46 I:TATAT\BHD2% Bartels, JonaftnTiatDeciaration 07-01-10.wpd or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the owner of such Lot, except those improvements far which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any common area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the common areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the owner is required to do but has failed or refused to do; (e) cleaning, maintenance, repair and restoration work, which the Association is obligated to perform under the terms of this Declaration; and (f) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an casement across all common areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the real property. ARTICLE FIFTEEN: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Amendment of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given forthe purpose of obtaining funds for the construction or purchase of a housing unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagees's Rights During, Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the owner of the mortgaged Lot, including but not limited DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 33 of 46 I \DATA D,1314 WBanaels, lnnathanl?Iaiotrlaration 07-0]-10.wpd g to the right to vote as a Member of the Association to the exclusion of the owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any Provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a housing unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or housing unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Eight: Limitation on Abandonment of Common Areas, The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the common areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. if such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any housing unit or any part of the common areas or facilities; (b) any condemnation or eminent domain proceedings involving any housing units or any portion of common areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an owner of any housing unit on which it holds the mortgage which is not cured DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOATKDIBFID1M1Sartels,]onaihanTW\Mclaration 07-01-IO.wpd Page 34 of 46 within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any housing unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE SIXTEEN: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the real property, or any other contract providing for services by the Declarant must provide for termination by either parry without cause after reasonable notice. ARTICLE SEVENTEEN: INSURANCE Section One: Coverage. The Association may purchase as a common areas expense and shall have authority to and may obtain insurance for the common areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the common areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration_ All insurance if required shall meet the specific requirements of any federal mortgage agency regarding qualifications of insurance carriers. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction of the common areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the common areas to as DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 3S of 46 1ADATA%MBHMNi�Barcels, fonathen\Pla[1Dedarmion 07-01-10.wpd g good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the common areas shall require the approval of two-thirds (213) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the common areas. Section Three: Responsibility of Owner. Each Lot Owner (specifically excluding the Condominiums Units created in Lots I and 24) shall maintain a policy of property insurance insuring all building and improvements within said Lot and shall be at a minimum and subject to deductible amounts consistent with the Fannie Mae requirements, provided all risk and special cost of loss coverage is in an amount equal to the full replacement cost of said residence shall be provided. In addition, the Association shall be named as an additional insured on said policies so as to provide that in the event of a loss occasioned by casualty insured against those proceeds shall be available to the Association to repair and restore the damaged portion of the building and residence which is covered under said insurance policy_ The owner of said building or residence of the Lot upon which is it is located shall have the obligation to rebuilt and restore in the event of fire or other casualty insured against. Section Four: Liability Insurance. The policy of public liability insurance shall insure the Board, the Association, the owners, and the managing agent, and cover all of the common in the Plat with a "severability of interest endorsement" or equivalent coverage which would preclude the insurer from denying the claim of an owner because of the negligent acts of the Association or of another owner, and shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the common, liability in connection with employment contracts of the Association, host liquor liability, employers' liability (stop gap) insurance, non -owned and hired automobile liability insurance, and such other risks as are customarily covered with respect to projects of similar construction, location and use. The limits of liability shall be in amounts generally required by mortgagees for projects of similar construction, location and use but shall be at least $1,000,000.00 bodily injury and property damage per occurrence and $2,000,000.00 general aggregate. Section Give: Insurance Trustee: Power of Attornev. The additional insured under the policies referred to above which shall be maintained by the owner shall be the Association, as trustee for each of the owners. The insurance proceeds may be made payable to any trustee with which the Association enters into an insurance trust agreement, or any successor trustee, who shall have exclusive authority to negotiate losses under the policies. The proceeds must be disbursed first for the repair of restoration of the damaged property, and Lot owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired and restored. Each owner appoints the Association, or any insurance trustee or successor trustee designated by the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 36 of 46 I:OATAZb BHDVNMartds, SonathW.PIaffle laratian 07-01-10.wpd g Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability, the execution of all documents and the performance of all other acts necessary to accomplish such purposes. In the event the insurance proceeds are insufficient to repair or restore the building in which the residential units are located, then each residential unit owner shall be assessed by the association equally the difference and said residential unit shall pay the same to the Association as a special assessment. ARTICLE EIGHTEEN: DAMAGE OR DESTRUCTION: RECONSTRUCTION Section One: Obligation to Rebuild. If all or any portion of any common areas is damaged, the Association shall repair the same, and any uninsured portion of such cost shall be a common expense. If any residence is damaged or destroyed by fire or other casualty which shall be the duty of the Association to rebuild, repair or reconstruct the residence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty, acting with all reasonable diligence and as soon as reasonably possible, Except as provided by statute, hazard insurance proceeds received by the Board shall be used exclusively for repair, replacement or reconstruction unless the Board and seventy-five (75%) percent of the owners, including the owner of any unit which has been damaged or destroyed have given their prior written approval to another use. Section Two: Liability for Uninsured Amounts. Notwithstanding any other provision of this Declaration, and except to the extent that a lack of insurance results from the negligence or breach of a duty to insure the Board: (a) Liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be the responsibility of an individual Owner where the damage results from a negligent or intentional action or omission by an Owner, or that Owner's Tenant, or the family, servants, employees, agents, visitors or licensees of that Owner or Tenant, or from the failure of or failure to maintain any portion of the Unit, including any applicable, equipment, or fixture in a Unit, which that Owner is responsible to maintain in good working order and condition. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. (b) Except as provided in Paragraph (a) above, or where the damage is a result of the sole fault of the Association, the liability for the amount of damage within the limits of any applicable insurance deductible on a policy of insurance issued to the Association shall be the responsibility of an individual Owner where the damage involved is limited solely DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS P page 37 of 4b I \DATA1b1SHDW%genets, JumtharAPIatZedWAion 07-01-10.w d to damage to that Owner's Unit. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. (c) Except as provided in Paragraphs(a) and (b) above, or where the damage is a result of the sole fault of the Association, liability for the amount of damage within the limits of any applicable insurance deductible on a policy of insurance issued to the Association shall be pro -rated between the Association and any involved Owners in proportion to the relative amounts of damage to the Common Areas and to each of the affected Units, including the Limited Common Areas assigned to such Unit or Units where the damage involves both the Common Areas and/or one or more Units or the Limited Common Areas assigned to a Unit or Units. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. ARTICLE NINETEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the real property and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE TWENTY: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 38 of 46 I OATA1DsBHDN\Havids. ]onathsn'TlatWeclaration 07-01-10.wpd Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE TWENTY-ONE: CONDEMNATION In the event of a partial condemnation of the common areas, the proceeds shall be used to restore the remaining common areas, and any balance remaining shall be distributed to the Association. In the event that the entire common areas is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE TWENTY-TWO: GENERAL PROVISIONS 1. Binding Effect. All present and future owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Enforcement by Court Action. The Association, the Declarant, ACC, or any Lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. 3. Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1.1DATA\D\BHI7UTBartels,Jo athm\Plat\Deckaration47-01-I0.wpd Page 39 of 46 Declaration, provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending Lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a line upon such Lot, enforceable as other liens herein. 6. Owner Objection. Should a Lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. In the event of egal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this Declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. Itis the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions; reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS /� c IIDATAODBKDWBanDels,Jonathan\Plat�edaration07-01-10.wpd Page 40 of 46 14. Interpretation. In interpreting this Declaration, the term "Person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the real property by providing a common plan for the development of Galloway at the Highlands. 11. Term. This Declaration shall be effective for an initial term of 34 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the Lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (2 1) years after the death of the last surviving incorporator of the Association, or twenty-one (21 ) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of Notice- Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the owners. ARTICLE TWENTY-THREE: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the Lots have been sold. That all Lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 41 of 46 I W ATA1MBHD\,VABartels, lonathan\PlaMedaruim 07-01 -1wpd Section Three: Certain Rights of Declarant. For such time as the Declarant shall own Lots, there shall be no amendments to the Declaration, Articles of Incorporation, By -Laws, or any rules or regulations of the Association which (a) discriminate or tend to discriminate against Declarant's rights as an owner; (h) amend any provisions of the Declaration, Articles of Incorporation or By -Laws which in any manner alters Deelarant's rights or status; (c) alter the character and rights of membership or the rights of the Declarant under this Declaration; (d) alter previously recorded or written agreements with public or quasi -public agencies regarding easements and rights of way, (e) alter its rights relating to architectural controls; (f) alter the basis for assessments; (i) alter the provisions of the use restrictions as set forth in this Declaration-, or (g) alter the number or selection of directors as established in the By -Laws. Section Four: Prior Approval by FHA/HUD. Regardless of whether or not 75% of the Lots have been sold, in the event any loan with respect to any Lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot owners: a) Annexation of additional real property b) Dedication of any real property C) Amendment to this Declaration Section Five: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the owners vote for such amendment, or without such meeting if all owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of common areas; 4. Insurance or fidelity bonds; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pd page 42 of 46 11DATA\D1BKDW1Banels, 7anathanTtatlDeclaraiian 07-01-10.w 5. Responsibility for maintenance and repair; b. Contraction of the project or the withdrawal of property from the real property; 7. The boundaries of any Lot; 8. Leasing of housing units other than as set forth herein; 9. Imposition of any restrictions on the right of an owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the legal status of the real property after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Six: Effective Date. Amendments shall take effect only upon recording with the Pierce County Auditor. Section Seven: Protection of Declarant. For such time as Declarant shall own Lots located in the real property there shall be no amendments to the Declaration, the Articles of Amendment of Incorporation, the By -Laws of the Association, or any rules and regulations adopted by the Association which: Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration relating to architectural controls. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 43 of 46 I \DATA1DBHDMd3aneis, JomthacTlat\Dxlaration 07-01-10.wpd g Alter the basis for assessments, or the Declarant's exemption from certain assessments_ G. Alter the number or selection of Directors as established in the By -Laws. Alter the Declarant's rights as they appear under this Declaration. Section Eight: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Pierce County Assessor's tax records and to the street address of the Lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or benholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of, 2010. Galloway at the Highlands I, LLC, a Washington limited liability company Jonat 'n Bartels, Man ' STATE OF WASHINGTON ) A COUNTY OF PIERCE ) On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jonathan Bartels, to me known to be Manager of Galloway at the Highlands 1, LLC, the Washington limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 44 of 4b I TATA\MBH 1M�Bartels, ;•pnalhan\Plat\Oeclama on 07-01-10.wp6 b written. WITNESS my hand and official seal hereto affixed the day and year first above Printed Nar{ie: .•`�,M�NIIQ�'% NOTARY PUBLI in for �►� ............10 � Washington, residing at: _ My Commission Expires � OTARY =: P �r, DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 45 of 46 11DATAM\HJ+D\MBarte1s, ]onath--tat Dalaratior.07-A-IQ.wpd g Exhibit "A" Legal Description (PER STEWART TITLE GUARANTY CO. SUBDIVISION GUARANTEE NO.: G-2631- 12471 / ORD. NO.: 984676, DATED 20 APR. 2010) THE SOUTH 165 FEET OF THE NORTH 495 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT THE WEST 206 FEET THEREOF. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 46 of 46 1.\DAiAVD BI- WBartels, ]om1hanT1a1\Dedara6on 07-01-I0.wpd CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 13, 2010 TO: Gregg Zimmerman, Administrator FROM: Arneta Henninger, Development Services Itk. . SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT FP 07-128 I am submitting the attached original final plat mylars for your signature. Fire has signed off, Technical Services has signed off and the Planning issues are completed to the satisfaction of staff. I am both the plan reviewer and the Project Manager and I recommend that this plat be approved for recording. The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K R91M&VA CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 13, 2010 TO: Gregg Zimmerman., Administrator FROM: Arneta Henninger, Development Services fk� g SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT FP 07-128 I am submitting the attached original final plat mylars for your signature. Fire has signed off, Technical Services has signed off and the Planning issues are completed to the satisfaction of staff. I am both the plan reviewer and the Project Manager and I recommend that this plat be approved for recording_ The yellow file is attached for your use. If you have any questions please call me at X7298. Thank you. cc: Kayren K Neil NV. DEPARTMENT OF COMMUNITY0woi AND ECONOMIC DEVELOPMENT D �� M E M Q R A N D U M DATE: September 13, 2010 TO: Linda M. CC: Kayren Kittrick L FROM: Arneta x7298 SUBJECT: GALLOWWAY AT THE HIGHLANDS I, LLC 343 UNION AVE NE U070023 & U070169 DRAW #RSTW3369 Attached please find: * Five separate Assignment of Funds from US Trust Bank of America totaling $103,703 Please apply this to the deferral granted to Galloway at the Highlands I, LLC final plat. A copy of the letter granting the deferral is attached for reference. Also for reference I have issued a deferral permit DEF10-004. Thank you! iAmcmo.doc Y Denis Law, Mayor August 30, 2010 Arneta Henninger Development Services Division City of Renton Re: Galloway At The Highlands Final Plat FP -07-128 Dear Ms. Henninger: This office has reviewed the proposed Final Plat. CITY IF RENTON Hearing Examiner Fred J. Kaufman In addition, this office circulated the proposed Final Plat to the original parties of record_ No additional comments from any of those parties were submitted. It appears that the Final Plat satisfies all required criteria. It appears that the applicant has complied with the conditions imposed on the Preliminary Plat as well as the conditions imposed by the ERC. 'There are dedications associated with this plat and those will have to be appropriately finalized or executed. The Final Plat is approved subject to the following conditions: 1. All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2. All fees shall be paid prior to the recording of the plat. Sincerely, Fred J. Kaufman Hearing Examiner cc: Neil Watts, Development Services Director Chip Vincent, Planning Director Larry Warren, City Attorney 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 9 This paper coota!ns 5D/,, recycled matenal, 30% post consumer RE o 16��f �7�=�l�l[7�=HNSi9a Denis Law Mayor June 8, 2010 Cites- o f/1 J � Public Works Department- Gregg Zimmerman, P.E., Administrator Mr. Jonathan Bartels Galloway at the Highlands. Post Office Box 1204 Puyallup; Washington 98371 RE: Galloway at the Highlands 343 Union Avenue NE Renton, WA 98056 Dear Mr. Bartels;. On June 8, 2010, the. Development Services Director granted your request to defer the. installation of the final lift of asphalt, landscaping, mailboxes and monuments until October 31, 2011. Please note all mailboxes must be installed prior to the final building inspection of the first unit. These items are deferred based upon the receipt of a check, Assignment of Funds; or Letter or Credit in the amount of $103,742.13, representing 150 percent of the estimated cost of the improvements. The security device must be in place with the City prior to recording of the short plat. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in writing, with the City Clerk and require a filing fee in the amount of $250.00, Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need -additional information, please contact Jan Illian, Engineering Specialist at (425) 430-72.16. Sincerely, Linda Moschetti Administrative Assistant cc: Nell Watts, Development Services Director Jan Illlan, Pian Reviewgr Arneta Henninger, Plan Reviewer Carrie Olson, Engineering specialist File Renton City Hall • 1455 South Grady Way • Renton, Washington 98057 • rentonwa.gov CITY OF RENTON Public Works Deferral Deferral Number: DEN 0-004 Deferred Items Description: INSTALL FINIL LIFT, MAILBOX & SURVEY MONS Job Address: 343 UNION AVE NE NE 3RD PL Owner: Applicant: GALLOWAY AT THE HIGHLANDS I, L GALLOWAY AT THE HIGHLANDS I, L PO BOX 1204 PO BOX 1204 PUYALLUP, WA 98371-0123 PUYALLUP, WA 98371-0231 Deferred Items: Cost Estimate: Other Deferred Items: Cost Estimate: 2nd Lift 0 0 Monuments 0 0 Street Lights 0 0 Sidewalks 0 0 Other Information: Project Information: Date of Issue 5 �/� � .� / Project Name: GALLOWAY AT THE HIGHLANDS Date of Expiration C) ((-t 3 �� ' 1 % ( Security Holder: Plan Reviewer ARNETA HENNINGER Parcel Number: 162305-9098 Reviewer Phone #: This Deferral is granted for a specified amount of time. This is not a permit to complete the work at a later date. A separate permit will be required for completion of the listed items. X �• Appl cant DEFERRAL01 2105 bh 7 X 1✓ Public Works Rep CITY OF RENTON . 1055 S. Grady Way Renton, WA 98055 Printed: 09-10-2010 Payment Made Land Use Actions RECEIPT Permit#: LUA07-128 09/10/2010 01:43 PM Total Payment: 16170.76 f, LLC Current Payment Made to the Fallowing Items: Receipt Number: 81004053 Payee: GALLOWAY AT THE HIGHLANDS Trans Account Code Description Amount 3021 303.000000.020.345 Park Mitigation Fee 8,862.75 5044 304.000000.009.345 Fire Mitigation -MF 1,940.00 5045 304.000000.009.345 Fire Mitigation -SFR 5,368.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 1045 16,170.75 Account Balances Trans Account Code Description Balance Due ------ 3021 ------------------ 303.000000.020.345 ------------------------------ Park Mitigation Fee --------------- .00 5006 000.000000.007.345 Annexation Fees .00 5007 000.000000.011.345 Appeals/waivers _00 5008 000.000000.007.345 Binding Site/Short Plat .00 5009 000.000000.007.345 Conditional Use Fees .00 5010 000.000000.007.345 Environmental Review .00 5011 000.000000.007.345 Prelim/Tentative Plat .00 5012 000.000000.007.345 Final Plat .00 5013 000.000000.007.345 PUD .00 5014 000.000000.007.345 Grading & Filling Fees _00 5015 000.000000.007.345 Lot Line Adjustment .00 5016 000.000000.007.345 Mobile Home Parks .00 5017 000.000000.007.345 Rezone .00 5018 000.000000.007.345 Routine Vegetation Mgmt .00 5019 000.000000.007.345 Shoreline Subst Dev .00 5020 000.000000.007.345 Site Plan Approval .00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence .00 5022 000.000000.007.345 Variance Fees .00 5024 000.000000.007.345 Conditional Approval Fee .00 5036 000.000000.007.345 Comprehensive Plan Amend .00 5044 304.000000.009.345 Fire Mitigation -MF .00 5045 304.000000.009.345 Fire Mitigation -SFR .00 5909 000.000000.002.341 Booklets/EIS/Copies .00 5941 000.000000.007.341 Maps (Taxable) .00 5954 650.237.00.00.0000 DO NOT USE - USE 3954 .00 5955 000.05.519.90.42.1 Postage .00 5998 000.000000.000.231 Tax .00 Arneta I Henninger From: Zanetta Fontes Sent: Tuesday, July 27, 2010 12:30 PM To: Arneta J. Henninger Subject: Galloway Arneta: I've reviewed the Covenants and the language relating to the HEX requirements is acceptable to me. So, I'll drop by your office on my way to Mayor's staff meeting and drop off my handwritten note to that effect. Zanetta Zaae a .e.:t cue i Senior- Assister�t City Attorney City of Renton P.O. Box 626 Renton, WA 88057 100 South 2nd St. Renton, WA 98055 Phone: (425) 430-6486 1 Fax: (425) 255-5474 e-mail: zfontesCD.rentonwa.aov ..................... CONFIDENTIALITY NOTICE: This email is covered by the Electronic Communications Privacy Act, 18 USC 2510-2521 and is legally privileged. The information contained in this electronic message is intended only for the use of the recipient named above. If you are not the intended recipient, be advised that any disclosure, printing, copying, distribution or retransmission, or other use of the contents of this transmission is prohibited. If you have received this electronic message transmission in error, please notify the sender at (425) 430-6486 or reply e- mail and delete the original message. Thank you. Advisory: Please be advised the City of Renton is required to comply with the Public Records Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City via email, including personal information, may ultimately be subject to disclosure as a public record. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: September 10, 2010 TO: Iwen Wang, Finance and IS Administrator FROM: Arneta Henninger X7298 SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT FP 07-128 The above plat is ready for recording. Please sign the attached mylars. I put both of the sheets for your signature on top for your convenience. If you have any questions please call me. Thank you! cc: Kayren K. 1 ATemplates\F&1 S MEMO.dm%cor Y "+ - "' + R - (wg N Denis Law, Mayor August 2, 2010 Johnathan Kurth 1201 Monster Rd SW, Ste. 320 Renton, WA 98057 Don Maletta 345 Union Ave NE Renton, WA 98059 CITY )F REN TON Darrell Offe 13932 SE 159`h PI Renton, WA 98058 Pharn Ming Van & Dan My Du 1618 S Lane Street Seattle, WA 98144 Re: Galloway At The Highlands Final Plat FP07-128 Dear Parties of Record: Hearing Examiner Fred J. Kaufman Mike Davis 1201 Monster Rd SW, Ste, 320 Renton, WA 98057 Stephen Northcraft 4209 SE 3rd Place Renton, WA 98059 The above referenced Final Plat has been referred to the Hearing Examiner for Review. A copy of the Staff Report and Recommendations is attached to this letter for your review. If you have any comments, please respond in writing to the Hearing Examiner by 5:00 p.m. on August 16, 2010. If this office can provide any further assistance, please feel free to write. Sincerely, Fred J. Kaufman Hearing Examiner cc: Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 eThis paper contains 501 recycled material, 30% past consumer RENTON :SII F- A 1) 0 F TF1 E C U R V E DEPARTMENT OF COMMUNITY C11V of' ; AND ECONOMIC DEVELOPMENT M E M a R A N D U M DATE: July 28, 2010 TO: Fred Kaufman, Hearing Examiner CC: Kayren Kittrick FROM: Arneta Henninger, Plan Review x7298 SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT FP07-128 Per City Code 4-7-110 Final Plat Procedures I am sending the attached Final Plat for review. If further information or materials are required please contact Arneta. i Amcmo.doc 001 DEPARTMENT OF COMMUNITY� �Y;,r�f�� f�.� AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: July 28, 2010 TO: Fred Kaufman, Hearing Examiner CC: Kayren Kittrick FROM: Arneta Henninger, Plan ge , a Review x7298 SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT FP07-128 Per City Code 4-7-110 Final Plat Procedures I am sending the attached final Plat for review. If further information or materials are required please contact Arneta. i_Imemo.doc DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: CITY OF RENTON Galloway At The Highlands I LLC Galloway At The Highlands Final Plat (Preliminary Plat LUA 06-138PP) File: LUA 07-128FP NE 3rd PI adjacent to and west of Union Acre NE all in Section 16, Twp. 23 N. Rng. 5 E. Final Plat for 22 single family lots and 2 mixed use lots. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. 2. 3. 4. S. 6. 7. 8. The applicant, Galloway At The Highlands I LLC, filed a request for approval of a 24 lot Final Plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Nan -Significance -Mitigated on January 23, 2007. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at NE 3rd PI adjacent to and west of Union Ave NE. The new plat is located in Section 16, Twp. 23 N. Rng. 5 E. The subject site is a 1.61 acre parcel. The Preliminary Plat received City of Renton Council approval on April 9, 2007. The property is located within the CA Zoning. 9. The Final Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review. The applicant shall be required to comply with recommendations included in the geotechnical report "Geotechnical Engineering Study, Proposed Highlands Square Townhome Development, 343 Union Ave SE, Renton, WA", doted September 27, 2006 as prepared by Earth Solutions NW, LLC. The applicant states to our knowledge, this has been done and will continue to be best management practices moving forward. 2. The applicant shall provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume 11 of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to issuance of building permits. This was included in the Civil Engineering Plans that have been submitted and approved. 3. A Transportation Mitigation Fee shall be assessed if the site plan indicates a net increase in average weekday peak hour trips generated from the project. The fee is $75.00 per trip and shall be paid prior to the recording of the final. Staff has determined a zero net increase; no fee is due. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees shall be assessed for the residential units prior to recording the Final Plot and for the commercial buildings prior to obtaining building permits. This fee will be paid prior to recording the final plat and prior to obtaining building permits. 5. All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers) prior to final inspection. This system shall be installed in each townhome and condominium unit. This requirement is also part of the Fire Mitigation and was included in the Hearing Examiner's Conclusion and Decision. b. The applicant shall pay the appropriate Parks Mitigation Fee based on $354.51 per new multi family unit prior to obtaining building permits. This fee will be paid prior to obtaining building permits. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. 1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on January 23, 1007. The project has complied with the conditions of ERC — see above. GALLOWAYATTHEHIGHLANDSFP. DOC! 2. Demolition permit shall be obtained and all inspections completed on the demolition of the existing building prior to recording of the final plat. Permit was issued and demolition was completed in August 2007. 3. A Homeowner's Association shall be created concurrently with the recording of the Final Plat in order to establish responsibilities for the landscaped open space tracts. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City attorney and the Property Services section prior to recording of the Final plot. The HOA and CC&R's have been submitted to the City Attorney's office for review and have been approved as to legal form. 4. A landscape plan shall be submitted, meeting the standards of RMC 4-4-070, "Landscaping". Approval by the Development Services Department of o Conceptual Landscape Plan shall be a condition of Site Plan Review. Submittal of a final landscape plan shall be required prior to Final Plat approval_ The landscape plan has been submitted, reviewed and approved. S. The areas labeled as open space shall not be used far residential development and covenants shall be required stating this limitation. Those restrictions were included in the draft of the HOA and CC & R's submitted July 14, 2010. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the Hearing Examiner. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 27TH DAY OF JULY, 2010 DEVELOPMENT SERVICES DIVISION GALLOWAYATTI [El1[GHLANDSFRDOG Galloway at the Highlands LEGAL DESCRIPTION: THE SOUTH 165 FEET OF TH E NORTH 495 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT THE WEST 206 FE ETTHERE OF. Galloway at the Highlands Neighborhood Detail Map 300 Feet = 1 inch I " I I 1 i I. I W I I I I h7 I I I--■ I I I ' I _ I I ' I I I I i I I I ! I I I I Q I I I i 1 _ I � f , I -TACOMA ! , Lo I I AVE. NE I -------zi1 I coi I I I � I I Y / z I ' :A! I fd S I D If p \. M r�• n7 I I I I w r I I I ;J i I i I I � I ! ! I ` I I rneoMA PL. NE I r I I ] I 11 I , I (I I I I I I � I • � � I r�- I I 'fit I r1 I I I 1 1 I } I i ! UNION AVE. N.E. LC132Np AVE, 9,E,) - J � W N N O TACOMA P4 HE I �O u9 co 2 6 WL �j y fire'.+ `Q 41%Q ARGHITEGNRAL 51TE PLAN/ PRO -Ml— A Gr4LLOV�! 4Y @THE HI GHLA, .� _, LLC, MNDMARK -- z d `r! f( I 549 UNION AVE NE- RENTON, Y+IA r G Lu ' hp J TA }OMA AVE. NE b N O TACOMA P4 HE I �O u9 co 2 6 WL L1�1� I+L't x� Z y fire'.+ `Q Ii 1il� ARGHITEGNRAL 51TE PLAN/ PRO -Ml— A Gr4LLOV�! 4Y @THE HI GHLA, .� _, LLC, MNDMARK -- z d `r! f( I 549 UNION AVE NE- RENTON, Y+IA r G wrw w ■w ' hp J II■r�� If.l'_■ will 4 U �l 712 -... _ _____ i __________ mm Iq::til�■a . \_ � rgj �U II I 4 I ---- z U1 � - UN#ON AV E/ N. 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E:. � i -r�mr-� 2ND Aw,Er* .) z sc i I � ggF � Q `Q Ii 1il� ARGHITEGNRAL 51TE PLAN/ PRO -Ml— A Gr4LLOV�! 4Y @THE HI GHLA, .� _, LLC, MNDMARK `r! f( i�Lj [ � 549 UNION AVE NE- RENTON, Y+IA wrw w ■w N *s ma_QA o o a a a r � r lit a Vfl: G kir R � 2 i z � r r a Galloway at the lands Conditions of Development (. niary) 1,11A06-138 PP, ECF, CC' -A Project Condition Source of When Compliance is Party Notes Condition Required Responsible Demolition permit shall be Hearing Prior to final piat Applicant obtained and all inspections Examiner approval. completed on the demolition of the Decision existing building. A Homeowners' Association shall Hearing Draft prior to final plat Applicant be created in order to establish Examiner recording. Final maintenance responsibilities for Decision concurrent with final the landscaped open space tracts. plat recording. A draft shall be submitted for review and approval by the City Attorney and Property Services. Submit a landscaping plan which Hearing Final landscaping pian Applicant meets the standards of RMC 4-4- Examiner prior to final plat 070. Approval of the conceptual Decision approval. landscaping plan by Development Services shall be a condition of the Site Plan Review. The areas labeled as open space Hearing Prior to final plat Applicant shall not be used for residential Examiner recording. development and covenants shall Decision be required stating this limitation. Comply with the recommendations ERC During project Applicant included in the geotechnical report Mitigation development "Geotechnical Engineering Study, Measure Proposed Highlands Square Townhome Development, 343 Union Ave SE, Renton, WA" dated Sept. 27, 2006 as prepared by Earth Solutions NW, LLC. Provide a Temporary Erasion and ERC Prior to obtaining Applicant Sedimentation Control Plan Mitigation building permits. (TESCP) designed pursuant to the Measure Department of Ecology's Erosion and Sediment Control Requirements, outlined in Voiume 11 of the 2001 Stormwater Management Manual and provide staff with a Construction Mitigation Plan. All residential units within the ERC Prior to final inspection. Applicant project shall be equipped with Mitigation automatic fire suppression Measure systems (sprinklers). Pay the Fire Mitigation Fee ERC Prior to obtaining Applicant ($388/unit) and the Parks Mitigation building J�ermits. Mitigation Fee ($354.51/unit) Measure 1 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: August 6, 2010 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use F°le Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Galloway at the Highlands Final Plat LUA (file) Number: LUA-07-128, FP Cross -References: LUA06-138 - Galloway at the Highlands Preliminary Plat AKA's: Project Manager: Arneta Henninger Acceptance Date: December 3, 2007 Applicant., C �� L�. . ` � f%tir. � '=, ,. C Owner: J J Contact: Jonathan Harkovich, Davis & Kurth PID Number: See attached List ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: 24 -Lot Final Plat in CA zone for 36 units and two retail spaces. Location: 3800-4000 Block of NE YJ Place Comments: Galloway at the Highlands Final Plat Parcel List: 1623059098 9997400010 9997400020 9997400030 9997400040 9997400050 9997400060 9997400070 9997400080 9997400090 9997400100 9997400110 9997400120 9997400130 9997400140 9997400150 9997400160 9997400170 9997400180 9997400190 9997400200 9997400210 9997400220 9997400230 9997400240 City of Renton Interoffice Memo AA- To: A To: Larry Warren, City Attorneys ,,, y_], From: Arneta Henninger, Date: July 21, 2010 Subject: Declaration of Protective Covenants, Conditions, Easements and Restrictions GALLOWAY AT THE HIGHLANDS FINAL PLAT LUA 07-128FP Please review the attached Declaration as to legal form. Per the Hearing Examiner's report under Recommendation item 3, the applicant shall create a Homeowner's Association in order to establish maintenance responsibilities for the landscaped open space tracts. The attached documentation discusses maintenance on page 8, Section Six (c) and on page 10 Article Five, Section one. This plat will ready for recording toward the end of July. If I may be of assistance in expediting this request please call me at 430-7298. CC: Kayren Kittrick Yellow File LUA 07-128FP rV-( ;1J L) t,3 i �C-LC.tYh � -7 S DEVELOPMENT SERVICES DIVISION BUILDING/PLANNING STAFF REPORT AND RECOMMENDATIONS APPLICANT: LOCATION: SUMMARY OF REQUEST: RECOMMENDATION: CITY OF RENTON Galloway At The Highlands I LLC Galloway At The Highlands Final Plat (Preliminary Plat LUA 06-138PP) File: LUA 07-128FP NE 3rd PI adjacent to and west of Union Ave NE all in Section 16, Twp. 23 N. Rng. 5 E. Final Plat for 22 single family lots and 2 mixed use lots. Approve With Conditions FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record documents in this matter, staff now makes and enters the following: FINDINGS: 1. 2. 3. 4. 5. 6. 7. 8. The applicant, Galloway At The Highlands I LLC, filed a request for approval of a 24 lot Final Plat. The yellow file containing all staff reports, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit No. 1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance -Mitigated on January 23, 2007. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at NE 3rd P1 adjacent to and west of Union Ave NE. The new plat is located in Section 16, Twp. 23 N. Rng. 5 E. The subject site is a 1.61 acre parcel. The Preliminary Plat received City of Renton Council approval on April 9, 2007. The property is located within the CA Zoning. 4. The f=inal Plat complies with both the Zoning Code and the Comprehensive Plan. 10. The Preliminary Plats were subject to a number of conditions as a result of both environmental review and plat review. 1. The applicant shall be required to comply with recommendations included in the geotechnical report, "Geotechnical Engineering Study, Proposed Highlands Square Townhome Development, 34.3 Union Ave SE, Renton, WA". dated September 27, 2006 as prepared by Earth Solutions NW, LLC. The applicant states to our knowledge, this has been done and will continue to be best management practices moving forward. 2. The applicant shall provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements, outlined in Volume 11 of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to issuance of building permits. This was included in the Civil Engineering Plans that have been submitted and approved. 3. A Transportation Mitigation Fee shall be assessed if the site plan indicates a net increase in average weekday peak hour trips generated from the project. The fee is $75.00 per trip and shall be paid prior to the recording of the final. Staff has determined a zero net increase, no fee is due. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $385.00 per new multi family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees shall be assessed for the residential units prior to recording the Final Plat and far the commercial buildings prior to obtaining building permits. This fee will be paid prior to recording the final plat and prior to obtaining building permits. S. All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers) prior to final inspection. This system shall be installed in each townhome and condominium unit. This requirement is also part of the Fire Mitigation and was included in the Hearing Examiner's Conclusion and Decision. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $354.51 per new multi family unit prior to obtaining building permits. This fee will be paid prior to obtaining building permits. 11. In addition, the applicant has complied with the conditions imposed as a result of Preliminary Plat. 1. The applicant shall comply with all requirements of the Determination of Non -Significance — Mitigated that was issued by the Environmental Review Committee on January 23, 2007. The project has complied with the conditions of ERC — see above. GA.LLO WAYATrHEHIGHLANDSFP.DOC/ 2. Demolition permit shall be obtained and all inspections completed on the demolition of the existing building prior to recording of the final plot. Permit was issued and demolition was completed in August 2007. 3. A Homeowner's Association shall be created concurrently with the recording of the Final Plat in order to establish responsibilities for the landscaped open space tracts. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City attorney and the Property Services section prior to recording of the Final plat. The HOA and CC&R's have been submitted to the City Attorney's office for review and have been approved as to legal form. 4. A landscape plan shall be submitted, meeting the standards of RMC 4-4-070, "Landscaping". Approval by the Development Services Department of a Conceptual Landscape Plan shall be a condition of Site Plan Review. Submittal of a final landscape plan shall be required prior to Final Plat approval. The landscape plan has been submitted, reviewed and approved. 5. The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. Those restrictions were included in the draft of the HOA and CC & R's submitted July 14, 2010. The Final Plat generally appears to satisfy the conditions imposed by the preliminary plat process and therefore should be approved by the Hearing Examiner. RECOMMENDATION: The Hearing Examiner should approve the Final Plat with the following conditions: 1) All plat improvements shall be either constructed or deferred to the satisfaction of City staff prior to the recording of the plat. 2) All fees shall be paid prior to the recording of the plat. SUBMITTED THIS 27TH DAY OF JULY, 2010 DEVELOPMENT SERVICES DIVISION GALI.GWAYATTHEHIGHLANDSFP.DOC/ Galloway at the Highlands LEGAL DESCRIPTION; THE SOUTH 165 FEET OF THE NORTH 455 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT THE WEST 206 FEET THEREOF. Galloway at the Highlands Nofghboiftood Detall Map 300 Feet = I Inch I I I _ E I I I r l I _ I I I I I I I I 1 i li f --TACOMA I I I AVE. NE co r � I I1-s , C13 I I rt ! + i I ' - ' CDm 1 I Ila f � I 1 1 N L w 11I I N i f _ I I I TACOMAI' I I PL. NE I I f I I { I I I I � I 1 I I i t I I r--- I , I i I I � I UNION AVE. N.E. L- (132ND AVE. CITY OF RPENTON PLANNING/BUILIIING/PUBL.IC WORKS MEMORANDUM DATE: July 23, 2010 TO: Bob Mae Onie Sonja Fesser, Technical Services FROM: Arneta Henninger, X7298 k SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT LUA 07-128FP FINAL REVIEW & APPROVAL FORM If all concerns have been addressed and you recommend recording of the mylar, please sign this memo below and return to me. Thank you. Approval: 21�� Name Title Date Approval: Name Date cc: Yellow File Arneta J. Henninger From: Rocale Timmons Sent: Thursday, July 22, 2010 1:13 PM To: Arneta J. Henninger Subject: FW: Galloway Final Plat Comment I am sorry, yes everything looks good for recording. Rocale T From: Rocale Timmons Sent: Friday, June 18, 2010 11:39 AM To: Arneta J. Henninger Subject: Galloway Final Plat Comment Hello Arneta, 1. A Homeowner's Association shall be created concurrently with the recording of the Final Plat in order to establish maintenance responsibilities for the landscaped open space tracts. a draft of the documents shall be submitted to the City of Renton Planning Division for review and approval by the City Attorney, Property Services, and Planning prior to the recording of the Final Plat. 2. The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. Rocale Timmons City of Renton - Current Planning Associate Planner 1055 South Grady Way Renton, WA 98057 Tel: (425) 430-7219 Fax: (425) 430-7300 rtimmans@rentonwa.gov Arneta J. Henninger From: Corey W Thomas Sent: Tuesday, July 20, 2010 4:28 PM To: Arneta J. Henninger Subject: Galloway The Renton Fire Department is ok with approving the final plat of Galloway. BYLAWS OF GALLOWAY AT THE HIGHLAND HOMEOWNERS ASSOCIATION ARTICLE I Background ECEIVED JUL 1 1 2010 PLAN REVIEW The following are Bylaws of Galloway at the Highlands Homeowners Association ("Galloway at the Highlands Townhoines"), a nonprofit corporation organized under the Washington Nonprofit Corporation Act (RCW Chapter 24.03 the "Nonprofit Corporation Act") and the Washington Homeowners Association Act (RCW Chapter 64.38 the "Homeowners Association Act"). These Bylaws provide for operation of Galloway at the Highlands Homeowners Association (the "Association") located in Renton, King County, Washington, created pursuant to Chapter 64.38 RCW, and applies to the Association and its Members. Each Lot owner ("Owner") automatically, by virtue of such ownership, becomes a Member of the Association. All present and future Owners, mortgagees and other emcumbrancing parties, lessees, tenants, licensees, occupants of the Lots, and their guests and employees, are subject to these Bylaws and the Declaration of Covenants, Conditions and Restrictions for Galloway at the Highlands as it exists now and as it may from time to time be amended (the "Declaration"), and any and all other governing documents pertaining to Galloway at the Highlands Townhomes, ARTICLE II Name and Location The name of the nonprofit corporation is Galloway at the Highlands Homeowners Association. Theprincipal office and mailing address of the Association will be located at suchplace as the Board of Directors designates. Meetings of Members and Directors maybe held at such places within the State of Washington as may be designated by the Board of Directors. ARTICLE III Definitions Section 3.1 Original Declaration Definitions. Unless otherwise indicated herein, the capitalized terms used in these Bylaws shall have the same meaning as those used in the Declaration. Section 3.2 "Common Areas" will mean all real property and iinpxovements; (a) owned or leased by the Association; (b) in which the Association has an easement (excepting easements for maintaining Lots) for the use, enj oyment or benefit of the Members; or (c) in which Members of the Association have an undivided interest. By -Laws pa66e 1 of 16 f ADATAWIMHMMVBEAels, ]onathEMPluLS$ylaws.wpd b Section 3.3 "Development Period" means the time from recording of the Declaration until the earlier of the following events: (a) the date on which the Declarant has transferred title to the last Lot then owned by Declarant to an Owner other than a Builder Owner; or (b) the date on which the Declarant relinquishes its Declarant rights in writing. Section 3.4 "Lot" shall mean each of Lots as designated on any plat of land shown on the recorded subdivision maps of the property, but excluding the lettered tracts, and Lot shall also include a Condominium Unit after the same has been established in either Lot 1 or 24 by the recording a Condominium Declaration and Survey Map and Plans. Therefore, for an example, if Condominium is created on Lot 1 whereby 7 Condominium Units are created, then that will mean that there will now be 7 Lots in place and in substitution of Lot 1 and each of those Condominium Emits which are now identified by Lots shall be subject to the terms and provisions of this Declaration, except as the saiue are specifically excluded from the terms and provisions hereof. Section 3.5 "Member" will mean any Owner of a Lot. The number of votes of each Member is specified in the Articles of Incorporation. Section 3.6 "Governing Documents" will mean the Declaration, the Articles of Incorporation of Galloway at the Highlands Homeowners Association and these Bylaws of Galloway at the Highlands Homeowners Association, Section 3.7 "Owner" means every person or entity, including the Declarant, which is an Owner of record of the fee simple title to any Lot, or if any Lot is sold under real estate contract, the vendee or vendees under the contract, provided, however, that the term "Owner" shall not include those having such interest merely as security for the performance of an obligation. An Owner may include officers, Directors, partners and trustees of Owners of any Lot. ARTICLE IV Meetings of Members Section 4.1 Annual Meetings. There shall be an annual meeting of the owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the owners no less than fourteen (14) days and no more than sixty (60) days prior to the date fixed for such meeting. At the annual meeting, there shall be presented a report on the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each owner, and the estimated expenses, if any, for the Association for the coming fiscal year. If the day for the annual meeting of the Members is a Saturday, Sunday, or legal holiday, the meeting shall be held at the same hour on the first day following which is not a Saturday, Sunday, or legal holiday. Section 4.2 Special Meetings. Special meetings of the owners may be called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the owners, or for any other reasonable purpose. Such meeting shall be called by written notice of one third or more owners, which notice shall be delivered not less than fourteen By -Laws Page 2 of 16 1ADATND\BE DVkMrWs. JanaihanTWWylaws.,wnd g (14) days and no more than sixty (60) days prior to the date fixed for such meeting. The notice shall specify the date, time and place of the meeting, and in general the matters to be considered. Section 4.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting, by hand delivery or by mailing a copy of such notice, postage prepaid, at least fourteen (14) days before but not more than sixty (60) days before such meeting to each Member entitled to vote at the meeting, addressed to the Member's address last appearing on the books of the Association, or supplied in writing by such Member to the Association for the purpose of notice, unless waived in writing. Such notice shall specify the time and place of the meeting, and the items on the agenda to be voted on by the Members, including the general nature of any proposed amendment to the Declaration, Articles of Incorporation, or Bylaws; changes of a previously approved budget that result in assessment obligations and any proposal to remove a Director or Officer. Notice of meeting may be waived before or after meetings. All meetings shall be held at such place as is convenient for the Members as determined by the Board of Directors. Section 4.4 Quorum. At a meeting of the owners, twenty-five percent (25%) of the voting owners present in person or by proxy shall constitute a quorum. A majority of owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting, and the required quorum at the subsequent meeting shall be one-half ('/z) of the required quorum for the preceding meeting. In the absence of a quorum at an owner's meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. Section 4.5 Action of the Members. Unless the Governing Documents or the Nonprofit Corporation Act, when the Governing Documents are silent, express differently, the affirmative vote of the Members then present, in person or proxy, at a properly called meeting of the Members at which a quorum is present shall constitute a valid action and decision of the Members. Section 4,6 Manner of Voting. At all meetings of Members, each Member may vote in person, by mail, or by proxy. Proxies may be made by any person entitled to vote. Such voting agent shall be designated by the Owner or Owners of a Lot by written notice sighed by each party with an ownership interest, which notice shall be filed with the Secretary of the Board of Directors. The voting agent need not be an Owner. Any designation of voting agent may be revoked at any time by any one of the parties with an ownership interest in the Lot on written notice filed with the Secretary of the Board of Directors. Such designation shall be deemed revolted when the Secretary receives actual notice of the death or judicially declared incompetence of the Owner of the Lot, or of the conveyance of such ownership interest. When no designation is made, or where designation has been made and revoked and no new designation has been made, the voting agent shall be the. person or Page 3 of 16 group composed of all Owners of that Lot who attend any meeting of the Association; however, votes may not be split by multiple Owners of a Lot. Thus, if multiple Owners cannot agree on a vote, their vote will not be counted on a vote of the Association Membership, even though those Owners may be counted for purposes of a quorum (as if abstaining). A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven (11) months after its date of issuance, Section 4.7 Ratification ofthe Budget. Within thirty (3 0) days after adoption by the Board of Directors of any proposed regular or special budget of the Association, pursuant the Declaration, the Board shall set a date for meeting of the Members to consider ratification of the budget. Written notice of any such meeting shall be sent to all Members not less than fourteen (14) days nor more than sixty (60) days in advance of the meeting and shall include a statement of the purpose for which the meeting is to be held. The Members shall adopt the proposed regular or special budget unless a majority of the voters, without quorum and whether or not cast in person or by proxy, in the Association reject such budget. In the event the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Members shall be continued until such time as the Members ratify a subsequent budget proposed by the Board, Section 4.8 Election of the Directors. At the annual meeting of the Members or any other meeting of the Members where Director(s) are to be elected, and a quorum is present, each Member shall be entitled to vote the number of votes held by such Member for each Board of Director position being voted upon by the Members, without cumulative voting rights. The person receiving the most affirmative votes shall be elected to that position on the Board of Directors. Section 4.9 Waiver of Notice. Any Member of the Association may at any time waive notice of any meeting of the Members in writing and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Member of the Association at any meeting of the Members shall constitute a waiver of notice by him or her of the time and place thereof. ARTICLE V Board of Directors; Selection; Term of Office Section 5.1 Board of Directors During the Development Period. The initial Board of Directors shall consist of two (2) Directors or any other number of Directors the Declarant duly appoints, During the Development Period, the Declarant shall have the right to appoint all Directors to the Board of Directors. Directors during the Development Period need not be Owners. Upon termination of the Development Period, the Declarant shall provide written notice to all Members advising that the Development Period has expired and establishing a time and place for a Members' meeting to elect a replacement Board of Directors. Section 5.2 Board of Directors After Termination of the Development Period. The Board of Directors after the Development Period shall be composed of no less than two (2) Members and no more than nine (9) Members of the Association. The number of Directors may be increased, up to nine (9) Directors, or decreased, but not less than two (2) Directors, by the affirmative vote of a Page 4 of 16 quorum of the Members. Any Member action to increase the number of Directors shall require an immediate vote of the Members to elect a Director to such position. Under no circumstances may a Director position be retired by the Members while such position is currently occupied. Section 5.3 Initial Election of Directors by Members, At such time as the Declarant shall no longer be able to act or appoint the Board of Directors as provided for in the Declaration, the Declarant shall appoint a nominating committee consisting of the Declarant and three (3) other Members who are not presently Members of the Board of Directors who shall make as many nominations for election to the Board of Directors as it shall in its discretion determine but not less than the number of Directors previously been appointed by the Declarant. Once the nominating committee has made its nominations, then a list of the nominations together with a ballot shall be sent to all Members by regular mail and shall then vote by mail as to who shall constitute the initial Board of Directors to be elected by the Members, Said ballots by mail shall be returned to such person or entity as may be designated by the nominating committee at such time but in any event no longer than two (2) weeks from the date of mailing. Those persons receiving the largest number of votes shall be elected to the vacant Director positions. They shall then constitute the initial elected Board of Directors until the next annual meeting of the Members. Section 5.4 Compensation. No Director shall receive compensation for any service rendered to the Association. Section 5.5 Term of Office, The Members of the first Board of Directors elected entirely by the Members after the termination of the Development Period shall be elected to terms of office in the following order; the first Director elected shall serve for a term of one (1) year; the second Director elected shall serve for a term of two (2) years; and the third Director elected shall serve for a term of three (3) years. This one, two, three year sequence shall be repeated for any Directors appointed in excess of three (3). For example, if the Members approve a seven (7) Member Board of Directors, three (3) Directors will serve a one (1) year term, two (2) Directors will serve a two (2) year term, and two (2) Directors will serve a three (3) year term. At each annual meeting after the initial Board is elected, the Members shall elect to a three (3) year term, one (1) new Director for each Director whose term has expired that year. Section 5.6 Removal. Any Director may be removed, with or without cause, upon a two-thirds (2/3rds) affirmative vote of the Members present, in person or by proxy, at a properly called meeting of the Members at which a quorum is present. Any vacancy on the B oard of Directors created by a vote of the Members will require such vacancy to be immediately filled by a Member receiving a two -third (2/3rd) affirmative vote of the Members present, in proxy or by person, at a properly called meeting of the Members at which a quorum is present unless such Director position is retired by the Members pursuant to Section 5.2 of this Agreement. No Director shall continue to serve on the Board if, during his term of office, he ceases to be an Owner; provided however, if a Lot is owned by a corporation, partnership, limited liability company, or other entity, then the entity may appoint an agent on its behalf and that agent may serve as a Director even though that Director does not own a Lot personally. Page 5 of 16 Section 5.7 Vacancies. Vacancies on the Board of Directors caused by any reason other than the removal of a Director by the vote of the Members (which would then be replaced by a vote of the Members pursuant Section 5.5 of this Agreement) or the creation of an additional Director position (which would require a vote of the Members pursuant to Section 5.2 of this Agreement), shall be filled by a vote of a majority of the remaining Directors. A Director so elected to fill a vacancy in the Board of Directors will be a Director for the remainder of the unexpired term of the vacancy he or she filled until a successor Director is elected by a vote of the Members. ARTICLE VI Meetings of Directors Section 6.1 Regular Meetings. Regular meetings of the Board of Directors shall be held no less than one (1) time a year at such place and hour as may be fixed by the Board of Directors. Notice shall be given annually to the Members of next year's meetings times. Section 6.2 Special Meetings. Special meetings of the Board of Directors shall be held when called by the President of the Association, or by any Director, after not less than three (3) days notice to each Director. The meeting shall be held at the same place as the regular meetings, unless unavailable, in which event the President shall designate the place of the special meeting. Section 6.3 Quorum. A quorum is deemed present throughout any meeting of the Board of Directors if a majority of the Board of Directors is present at the beginning of the meeting. Members present through use of telephone shall be deemed present for purposes of a quorum, and may vote by telephone. Section 6.4 Action of the Directors. Unless the Governing Documents or the Nonprofit Corporation Act, when the Governing Documents are silent, express differently, the affirmative vote of a majority of the Directors then present, in person or proxy, at a duly held meeting at which a quorum is present shall be regarded as an act and valid decision of the Board. Section 6.5 Action Taken Without a Meetin . The Directors have the right to take any action in the absence of a meeting that they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved will have the same effect as though taken at a meeting of the Directors. Section 6.6 Waiver of Notice. Any Member of the Board of Directors may at any time waive notice of any meeting of the Board of Directors in writing and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Member of the Board of Directors at any meeting of the Board shall constitute a waiver of notice by him of the time and place thereof If all the Members of the Board of Directors are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting Section 6.7 Order of Business. The order of business at annual meetings and as far as practical at all other meetings, shall be: Page 6 of 16 (1) Calling of the roll and certifying of proxies; (2) Proof of due notice of meeting or waiver of notice; (3) Reading and disposal of any unapproved minutes; (4) Reports of officers; (5) Reports of committees; (6) Election of inspectors of election; (7) Election of Directors (if necessary); (8) Unfinished business; (9) New business; and (10) Adjournment. Section 6.8 Oen Meetings. Except as provided in this subsection, all meetings of the Board of Directors shall be open for observation by all Owners on record and their authorized agents. The Board of Directors shall peep minutes of all actions taken bythe Board, which shall be available to all Members and Owners. Upon the affirmative vote in open meeting to assemble in closed session, the Board of Directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; or discuss likely or pending litigation, matters involving possible violations of the governing documents of the Association, and matters involving the possible liability of an Owner or Member of the Association. The motion shall state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session shall be included in the minutes. The Board of Directors shall restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion, or other action adopted, passed, or agreed to in closed session may become effective unless the Board of Directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection shall not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. ARTICLE VII Powers and Duties of Board of Directors Section 7.1 Powers. The Board of Directors shall have the power to do the following: (a) The Board will have the authority to exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the Membership by other provisions of these Bylaws, the Articles of Incorporation, or the Declaration or as set forth in the Homeowners Association Act, as currently enacted or hereafter amended. (b) The Board shall have the authority to determine and make such changes and improvements in the Common Areas as the Board may decide, from time to time by action of the Board of Directors, Page 7of16 (c) The Board shall have the authority to determine and charge assessments as described in the Declaration and to take any action permitted by the Declaration or Iaw to enforce Member assessments. (d) The Board will have the authority, as necessary to pursue the Association responsibilities, employ an independent contractor or such other employees as the Board deems necessary, and to prescribe their duties. (e) The Board will have; the authority to enforce all covenants, restrictions, and conditions of the Declaration and as amended (this power does not in any way reduce the power of any Member to enforce such covenant, nor does it require enforcement unless the Board of Directors deems such enforcement necessary). Section 7.2 Absence of Board Authority_. The Board of Directors shall not have the power to act on behalf of the Association to: (a) Amend the Declaration in any manner that requires the vote or approval of the Members. (b) Amend the Articles of Incorporation or Bylaws in any manner that requires the vote or approval of the Members, (c) Take any other action that requires the vote or approval of the Members. (d) Terminate the Association. (e) Elect Members of the Board of Directors or detennine the qualifications, powers, and duties, or terms of office of Members ofthe Board of Directors; provided, however, that the Board of Directors may fill vacancies in its Membership for the unexpired portion of any term. Section 7.3 Duties. It shall be the duty of the Board of Directors to do, in their discretion, as follows: (a) Keep a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by any one of the Members who is entitled to vote; (b) Supervisc all officers, agents and employees of this Association, and see that their duties are properly performed; (c) As more fully provided in the Declaration, to do as follows: Page 8 of 16 each fiscal year; (i) Fix the annual budget at least forty-five (45) days in advance of (ii) Fix any special budget; (iii) Send written notice of, and call a meeting of the Members to ratify the annual or any special budget, not less than fourteen (14) nor more than sixty (60) days in advance of the meeting; (iv) File a lien if an Assessment is not paid within sixty (60) days; and, (v) When deemed necessary, may foreclose on the lien after sixty (60) days but prior to ten (10) years from date of Assessment; (d) Issue, or to cause an appropriate officer to issue, on demand by any person, a certificate signed by the treasurer setting forth whether or not any Assessment has been paid. The Board may make a reasonable charge for the issuance of such certificate. Such certificate shall be conclusive evidence of such payment or nonpayment of any Assessment; (e) Enforce covenants as provided in the Declaration when deemed necessary by a vote of a majority of the Directors (this power of enforcement is in addition to the powers of the enforcement of any individual Owner); (fl With respect to Common Areas, procure and maintain adequate liability and hazard insurance on property owned by the Association. If available at a reasonable cost, maintain earthquake insurance on all Common Areas that could be damaged in the event of an earthquake. Procure and maintain adequate liability insurance for the Directors of the Board of Directors; (g) Maintain all Common Areas and fulfill all other obligations as set forth in the Declaration; (h) Maintain and enforce all casements and fulfill all other obligations as set forth in the Declaration; and (i) Perform any and all other functions that are necessary for maintenance and continuance of the Association. Section 7.4 Delegation to _ Manage. The Board of Directors may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation, provided that any management agreement for the project shall be terminable by the Association for cause upon thirty (30) days written notice, and without cause upon ninety (90) days written notice. The term of any such agreement may not exceed one (1) year and shall be renewable by agreement of the parties for successive one (1) year periods. The Members of the Board of Directors shall not be liable for any Page 9 of 16 omission. or improper exercise by the manager of any duty, power or function so delegated by written instrument executed by a majority of the Board of Directors. ARTICLE VIII Standard of Care for Directors Section 8.1 Standard. A Director shall perform the duties of a Director, including the duties as a Member of any committee of the Board upon which the Director may serve, in good faith, in a manner such Director believes to be in the best interests of the Association, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. In performing the duties of a Director, a Director shall be entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by: (a) One or more officers or employees of the Association whom the Director believes to be reliable and competent in the matter presented; (b) Counsel, public accountants, or other persons as to matters which the Director believes to be within such person's professional or expert competence; or, (c) A committee of the Board upon which the Director does not serve, duly designated in accordance with a provision in the Articles of Incorporation or Bylaws, as to matters within its designated authority, which committee the Director believes to merit confidence; so long as, in any such case, the Director acts in good faith, after reasonable inquiry when the need therefore is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. Section 8.2 Amendment. However, if the statutory standard of care is, at any time, different from the standard of care set forth in these Bylaws, the Bylaws shall be deemed amended so that the standard of care shall be that standard set forth statutorily for nonprofit corporations in the State of Washington. This section shall not apply where the consequences of an act, omission, error, or negligence are covered by the insurance obtained by the Board. ARTICLE IX Officers and Their Duties Section 9.1 Enumeration of Officers. The officers of this Association shall be a president, vice president, secretary, and treasurer, and such other officers as the Board may from time to time by resolution create. Page 10 of 16 Section 9.2 Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 9.3 Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year, or until that officer's successor is elected, unless the officer sooner resigns, or shall be removed, or otherwise is disqualified to serve. An officer may be removed, without or without cause, upon a majority vote by the Board. Section 9.4 Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section. 9.5 Resignation and Removal. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the president, or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 9.6 Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer who is replaced. Section 9.7 Multiple Offices. Any two offices may be held by the same person but in no event shall the President also be Secretary. Section 9.8 Duties. The duties of the officers are as follows; (a) President. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and shall sign all written instruments and promissory notes. (b) Vice President. The vice president shall act in the place and stead of the president in the event of absence, inability, or refusal to act, and shall exercise and discharge such other duties as may be required by the Board. (c) Secretary. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; serve notice of meetings of the Board and of the Members; keep appropriate current records showing the Members of the Association together with their addresses; prepare, execute, certify and record Amendments to the Declaration on behalf of the Association; and perform such other duties as required by the Board. (d) Treasurer. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; sign all checks and promissory notes of the Association; keep proper books of accounts; Page 11 of 16 cause an annual audit of the Association books to be made by a public accountant whenever the annual assessment exceeds $50,000, unless waived by sixty-seven percent (67%) of the Members; and prepare an annual budget and a statement of income and expenditures as set forth above. The desired time for preparation shall be prior to the regular annual meeting so that the budget and statement can be presented to the Membership at its regular annual meeting. ARTICLE X Committees The Board of Directors shall appoint such committee or committees as it deems appropriate in carrying out its purpose. The Board shall establish and maintain an Architectural Control Committee ("ACC"). The ACC shall have the powers and responsibilities set forth in the Declaration. ARTICLE XI Assessments Section 11.1 Each Member is deemed to covenant and agree to pay the Association: (a) An annual assessment or charge which shall be the sum of $ per year per lot, payable on the first of January of each year. (b) Special assessments for capital improvements. In addition to the assessments authorized above, the Association may levy a special assessment applicable only to the year in which the assessment is made for the purpose of defraying in whole or in part the cost of any unexpected repair or replacement of capital improvements upon the common areas including necessary fixtures and personal property located therein. That any special assessment for the construction of new facilities or the acquisition of new equipment and which is not for the upgrade, repair, or replacement of existing construction of equipment shall require the approval of the vote of sixty six and two thirds (66 2/3rds) percent of the I,ot Owners at a meeting called for that purpose. Sectionl 1.2 Purposes of Assessments. The Assessments shall be used exclusively for the purposes as set forth in the Covenants and Restrictions for Galloway at the Highlands Townhomes. Section 11.3 Annual Assessment. Within thirty (30) days after the adoption by the Board of Directors of any proposed regular or special budget of the Association, the Board shall set a date for a meeting of the Owners to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting the Owners of a majority of the votes in the Association reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the Owners ratify a subsequent budget proposed by the Board of Directors. Page 12 of 16 Section 11.4 Special Assessments for Capital improvements, In addition to the assessments authorized above, the Association may levy special assessments for capital improvements. Any such levy by the Association shall be for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, or replacement of a described capital improvement upon the common areas as defined in the Covenants and Restrictions of Galloway at the Highlands Townhomes, provided that any such assessment shall have the assent of sixty six percent (66%) of the votes of all Lot Owners, written notice of which shall be sent to all Members not less than thirty (30) days nor more than sixty (6 0) days in advance of the meeting setting for the purpose of the meeting. Section 11.5 Uniform Rate. All Assessments shall be fixed at a uniform rate for those Lots that are effected by that specific assessment. Section 11.6 Date of Commencement of Annual Asscssment; Due Dates. As to each particular lot involved, the liability for the annual assessment shall begin on I" day of January of each year and shall be payable on or before the 1st day of January so long as the assessment is in effect. In the event the annual assessment is increased or decreased as provided for in these By - Laws, then the new assessment rate shall begin on the first day of January following the meeting at which the annual assessment rate was changed. The due date of any special assessment as provided in herein shall be fixed by the resolution authorizing such assessment. Section 11.7 Effect of Non_ a ment of Assessments., If any assessment is not paid within thirty (30) days after it was first due and payable, the assessment shall bear interest from the date on which it was due at the rate of twelve per cent (12%) per annum, and the Association may bring an action at law against the one personally obligated to pay the same and/or foreclose the lien against the property; and interest, costs, and reasonable attorney's fees of any such action shall be included in any judgment or decree entered in such suit. ARTICLE XII Boobs and Records The books, records, and papers of the Association shall at all times, during normal business hours as determined by the Board, be subject to inspection by any Member, holder of a mortgage on a Lot, and their respective agents on reasonable advance notice. The Declaration, the Articles of Incorporation, and the Bylaws of the Association, shall be available for inspection by any Member at the office of the Secretary of the Association. Copies may be purchased by any Member at reasonable cost. ARTICLE XIII Amendments Section 13.1 Bylaws, These Bylaws may be amended in the following manner: Page 13 of 16 (a) Amendment by Declarant. Declarant may without the consent of any Member, at any time prior to the time it has sold and closed one hundred percent (100%) of the Lots, amend these Bylaws. (b) Amendment by Members. After the Declarant has sold and closed one hundred percent (100%) of the Lots, these Bylaws can be amended only by: (i) proper notice prior to any meeting at which a proposed amendment is considered; (ii) a resolution adopting a proposed amendment by the affirmative two-thirds (2/3rds) vote of the Board of Directors, without quorum; and (iii) the affirmative vote of seventy-five percent (75%) of the votes of the Association, without quorum, to adopt the proposed amendments to these Bylaws. After the amendment has been duly passed, copies of the amendment certified by the President and Secretary of the Association, shall be delivered to all Members within thirty (30) days of adoption. No amendment to these Bylaws shall be passed which materially impairs the substantial rights of a Lot Owner as established in the Declaration unless the impacted Lot Owner(s) consents in writing. The amendment shall be effective once passed by the Members. Section 13.2 Conflict. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration shall control. ARTICLE XIV Indemnification of Directors and Officers Section 14.1 Right of Indemnification. The Association shall indemnify its. Directors and Officers against all liability, damage, or expense resulting from the fact that such person is or was a Director or Officer, to the maximum extent and under all circumstances permitted by law. Section 14,2 Effect on Other Rights. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, Bylaws, agreement, vote of shareholders or disinterested Directors, or otherwise. Section 14.3 Insurance, The Association may maintain insurance, at its expense, to protect itself and any Director, officer, employee, or agent of the Association or another association, partnership, joint venture, trust, or other enterprise against any expense, liability, or Ioss, whether or not the Association would have the power to indemnify such person against such expense, liability, or loss under the Washington Nonprofit Corporation Act. The Association may enter into contracts with any Director or officer of the Association in furtherance of the provisions of this Article and may create a trust fund, grant a security interest, or use other means (including, without limitation, a letter of credit) to ensure the payment of such amounts as may be necessary to effect indemnification as provided in this Article. Page 14 of 16 Section 14A Advance Pa anent . The Association may, by action of its Board of Directors from time to time, provide indemnification and pay expenses in advance of the final disposition of a proceeding to employees and agents of the Association with the same scope and effect as the provisions of this Article with respect to the indemnification and advancement of expenses of Directors and officers of the Association or pursuant to rights granted pursuant to, or provided by, the Washington Nonprofit Corporation Act or otherwise. ARTICLE XV Transactions Involving Directors Section 15.1 Transactions. No contracts or other transactions between this Association and any other corporation, and no act of this Association shall in any way be affected or invalidated by the fact that any Director of this Association is pecuniarily or otherwise interested in, or is a trustee, Director, or officer of, such other corporation. Section 15.2 Disclosure. Any Director, individually, or any firm of which any Director may be a Member, may be a party to, or may be pecuniarily or otherwise interested in, any contracts or transactions or the Association; provided, that the fact that such Director or such firm is so interested shall be disclosed to or shall have been known by the Board. of Directors or a majority thereof. ARTICLE XVI Attorney Fees Should any dispute arise regarding the terms of these Bylaws, the Declaration, or the Articles of Incorporation of the Association, the prevailing party shall recover reasonable attorney fees and costs, including those for appeals. ARTICLE XVII Venue Venue, for purposes of these Bylaws, shall be King County, Washington. ARTICLE XVIII Fiscal Year The fiscal year of the Association shall be a calendar year, unless determined otherwise by the Board of Directors. Page 15 of 16 These Bylaws have been adopted by the Board of Directors of Galloway at the Highlands Homeowners Association this day of, 2010. APPROVED: 7onatrartels, getreta Page 16 of 16 RECEIVED JUL. 13 2010 PLAN REVIEW ARTICLES OF INCORPORATION OF GALLOWAY AT THE HIGHLANDS HOMEOWNERS ASSOCIATION THE UNDERSIGNED, acting as the incorporator of the non-profit corporation under the provisions of the Washington Nonprofit Corporation Act (Revised Code of Washington Section 24.03 et, seq.), hereby adopts the following Articles of incorporation: ARTICLE I. NAME AND DURATION The name of this nonprofit corporation shall be Galloway at the Highlands Homeowners Association (the "Association") and its duration shall be perpetual. ARTICLE II. NON -INUREMENT OF BENEFIT The Association is formed exclusively for purposes for which a corporation may be formed under the nonprofit corporation laws of the State of Washington and is not formed for pecuniary profit or financial gain, No part of the assets, income or profit of the Association shall be distributed to or shall inure to the benefit of its individual members, officers or directors, except to the extent permitted under the nonprofit corporations laws. ARTICLE IIL PURPOSES I. To provide for the administration, management, maintenance, preservation and care of the real property described in the Galloway at the Highlands Declaration of Covenants and Conditions (hereinafter the "Declaration") and any additions thereto which may be hereinafter brought within the jurisdiction of the Association; and 2. To have and to exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as it now exists or as the same may be amended from time to time hereafter as therein provided; and 3, To do everything necessary, proper, convenient or incidental to the accomplishment of the purposes and objects of the Association to the extent consistent with the Declaration; and Articles of Incorporation Page 1 of 5 1:14A7A1D%BX 'M0m,h,k¢oidmti!'ImVSri�l�r o: ln.wFeretion ��d 4. To have and to exercise any and all powers, rights and privileges which a corporation organized and existing under the Rrashington Nonprofit Corporation Act (Ch. 24.03 RCW) by law may now or hereafter have or exercise to the extent consistent with the provisions of the Declaration. ARTICLE IV. SCOPE OF ACTIVITY The Association shall have the power, either directly or indirectly, either along or in conjunction or cooperation with others, to do any and all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable or proper for the furtherance, accomplishment or attainment of any or all of the purposes for which the Association is organized. Notwithstanding any provision herein to the contrary, however, the Association shall exercise only such powers which are consistent with the exempt purposes of organizations set forth in Section 528 of the Internal Revenue Code of 1986 ("IRC"), and the regulations thereunder as the same now exist or as they may hereafter be amended from time to time. ARTICLE V. POWERS The Association shall carry on any activity permitted to be carried on by a corporation exempt from federal income tax under IRC §528 (or the corresponding provision of any future United States Internal Revenue law). Subject to Article IV and to the restrictions and limitations imposed on nonprofit corporations by the laws of the State of Washington dealing with exempt organizations, the Association shall have the powers specified in Chapter 24.03 RCW. ARTICLE VI. DISTRIBUTION ON DISSOLUTION OR LIQUIDATION The Association may be dissolved in a manner not inconsistent with the Declaration or RCW Ch. 24.03 as they are now written or as they may hereafter be amended from time to time. Any such dissolution shall require the majority vote of the members entitled to vote, Upon the dissolution of the Association, the assets of the Association shall be applied and distributed in accordance with RCW 24.03.225 and a plan of distribution adopted pursuant to RCW 24.03.230. The assets will be distributed to another like non-profit corporation or organization.. ARTICLE VII. PLACE OF OPERATION The operations of the Association are to be conducted principally within the Plat of Galloway at the Highlands, King County, State of Washington. Articles of Incorporation Page 2 of 5 LUATAU7S)FNV.iaMlon.th..\PloclUlw—rf—ponim-Td ARTICLE VIII. REGISTERED OFFICE AND REGISTERED AGENT The registered office of the Association shall be Jonathan Bartels, and the initial registered agent shall be 2302 Tacoma Road East, Puyallup, WA 98371. ARTICLE IX. MEMBERS The membership of the Association shall be defined in the Declaration. ARTICLE X. DIRECTORS The fimetions of this Association shall be administered by a Board of Directors. The initial number of Directors of the Association shall be two (2). The qualifications, terms of office and manner of selection of which, together with a time and place of the meeting, shall be prescribed by the Bylaws of the Association. ARTICLE XI. BYLAWS The Board of Directors of the Association (hereinafter the "Board") shall adopt Bylaws for the Association to provide for the administration, regulation and management of the Association in a manner consistent with these Articles, the Declaration and TRC § 528, as now enacted or as the same may be hereafter amended from time to time. The Board shall at all times manage the affairs of the Association so as to qualify as an exempt association under IRC § 528. The Board may, from time to time, by vote of a majority of its members, alter, amend or repeal the Bylaws of the Association to the extent provided for, by and consistent with the Declaration. ARTICLE XII. INDEMNIFICATION Any present or future director, officer or employee, or the executor, administrator or other legal representative of any such director, officer or employee, shall be indemnified by the Association against reasonable costs, expenses, counsel fees, judgments, fines and amounts paid in settlement, paid or incurred in connection with any action, suit or proceeding (whether civil, criminal, administrative or otherwise) to which any such director, officer or employee or his executor, administrator or other legal representative may hereafter be made a patty by reason of his being or having been such director, officer or employee of the Association, or at the request of the Association, the holder of an equivalent position in or a member of another enterprise. The foregoing indemnification shall be subject to the following conditions: (1) that said action, suit or proceeding shall be prosecuted against such director, officer or employee, or his executor, administrator or other legal representative to final determination, and it shall not be finally adjudged in said action, suit or proceeding that he or she had been derelict in the performance of his duties as such director, officer or employee, or (2) that said action, suit or proceeding shall be settled or otherwise terminated as against such director, officer or employee, or his Articles of Incorporation page 3 of 5 S:�DATAlD'�H'mWN3nncls,7nmihaMl'1e�lgHicles of lncmgmatim.��7rJ p r� executor, administrator or other legal representative without a final determination on the merits, and it shall be determined that such director, officer or employee had not been derelict in the performance of his duties in matters related to such action, suit or proceeding, such determination to be made by a majority of the directors, if disinterested. If a majority of the directors is not disinterested, then such determination shall be made by any one or more disinterested persons selected by the disinterested directors, or the membership, at any annual or specific meeting. The foregoing right of indemnification shall be exclusive of any other rights to which any director, officer or employee may be entitled as a matter of law or which may be lawfully granted to him or her; and the indemnification hereby granted by the Association shall be in addition to and not in restriction or limitation of any other privilege or power which the Association may lawfully exercise with respect to the indemnification or reimbursement of directors, officers of employees. ARTICLE XIII. AMENDMENT ARTICLES The Association may amend these Articles of Incorporation from time to time in any and as many respects as may be desired so long as said Articles of Incorporation, as amended, contain only such provisions as are consistent which the Declaration and as are lawful under RCW Ch. 24.03, as now enacted or as hereafter amended. Where there are members having voting rights, the Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or special meeting. Written or printed notice setting forth the proposed amendment and a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in the Declaration for the giving of notice of a meeting of members. Amendment to these Articles of Incorporation shall require the assent of a majority of the Association members then entitled to vote. Where there are no members of the Association, or no members having voting rights, an amendment shall be adopted at a meeting of the Board upon receiving the vote of a majority of the Directors in office. Any number of amendments may be voted on at any one meeting. ARTICLE XIV. NAME OF INITIAL DIRECTOR The first directors of the Association shall be: Jonathan Bartels, whose address is 2302 Tacoma Road East, Puyallup, WA 98371, and Greg Heath, whose address is 2302 Tacoma Road East, Puyallup, WA 98371. Articles of Incorporation Page 4 of 5 isll]A7A�D7HFI�Vvh➢mlrl�!onuih�¢IPfnMnicky o[J—,i .6w wpd p ARTICLE XV. NAME OF INCORPORATOR The name and address of the incorporator of the Association is: Jonathan Bartels, 2302 Tacoma Road East, Puyallup, WA 98371, IN WITNESS WHEREOF, for purposes of forming this Association under the laws of the State of Washington, the undersigned, constituting the sole incorporator of this Association, has executed these Articles of Incorporation this day of 2410, J 014lux". JonathaOf3artels Incorporator CONSENT TO SERVE AS REGISTERED AGENT 1, Jonathan Bartels, hereby consent to serve as Registered Agent, in the State of Washington, for the following corporation, Galloway at the Highlands Homeowners Association. I understand that as agent for said corporation, it will be my responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the office of the Secretary of State in the event of my resignation, or of any changes in the registered office address of the corporation for which I am agent, Date:�'� , 2010 Jonath artels, kegpteredAgent Registered Office Address: 2302 'Tacoma Road East Puyallup, WA 98371 Articles of Incorporation Page 5 of 5 I1DATAV0HP41W,rUD, )onW�onlPlr4lsticln afl.,a ,,timwo g After Recording Return to: Bryce H. Dille of Campbell, Dille, Barnett, Smith & Wiley, PLLC 317 South Meridian Puyallup, WA 98371 SUL 13 WD PLAN REE! DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR GALLOWAY AT THE HIGHLANDS Grantor: Galloway at the Highlands 1, LLC, a Washington limited liability company Grantee: Galloway at the Highlands Reference Numbers of Documents Assigned or Released: Legal Description (abbreviated): The N.E. 1/4 of the N.E. 114, Section 16, Township 23 North, Range 5 EAst, W.M., City of Renton, King County, Washington. Complete Legal Description is located on Exhibit "A" of document Assessor's Tax Parcel Number: 162345-9098-04 Survey Map and Plans Recorded Under Recording Number: DECLARA'T'ION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1 ADX1 A1MHD\MBartels, SonathanTinADedaration 07-01-10.wpd TABLE. OF CONTENTS Article Pa e One: Definitions 1 Two: Management of Common Areas and Enforcement of Declaration 5 Three: Homeowners Association 6 Four: Common Areas 10 Five: Maintenance and Common Expenses 10 Six: Assessments 18 Seven: Collection of Assessment 20 Eight: Building, Use and Architectural Restrictions 23 Nine: Party Walls 26 Ten: Alterations to or Rebuilding of a Residence 29 Eleven: Compliance with Governing Documents 29 Twelve: Limitation of Liability 32 Thirteen: Indemnification 32 Fourteen: Easements 32 Fifteen: Mortgagee Protection 33 Sixteen: Management Contracts 35 SeventeenAnsurance 35 Eighteen: Damage or Destruction; Reconstruction 37 Nineteen: Rules and Regulations 38 Twenty: Remedies and Waiver 38 Twenty -One: Condemnation 39 Twenty -Two: General Provisions 39 Twenl -Three: Amendment and Revocation 41 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1ADATAZ\B6B7 Wartels, lonalhanTIMDeclaraion 0701-10.wgd DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR GALLOWAY AT THE HIGHLANDS TOWNSHOMES The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the real property and housing units constructed on the real property are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the real property for the benefit of all the real property and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitudes, and shall be binding upon the real property and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any Lot on the real property and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Amendment of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1, "Allocated Interest" with respect to each Lot shall mean the percentage dervived by dividing 100 by the number of Lots in the Property. 2. "Areas Reserved to Declarant". The Declarant does hereby reserve until itself and convey to the Association a perpetual, non-exclusive easement, if necessary, for the placement and maintenance of any entry and signage monumentation and lighting and for all utilities necessary incident to the same, over and across portions of the property which are actively constructed upon concerning any entry or signage monumentation if constructed by the Declarant. Said easement shall authorize those benefitted by the terms thereof to enter onto and across said property at all reasonable times in order to effectuate the terms of the above grant and reservation. 3. "Articles" shall mean the Association's Articles of Amendment of Incorporation and any amendments. 4. "Assessment(s)" shall mean all assessments imposed pursuant to this Declaration. 5. "Association" shall mean the Galloway at the Highlands Homeowners Association formed as a nonprofit corporation for the purpose of administering this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 1 of 46 F: rDATATUbFD\Martels, JonatIPAPIat0mlarntian 07-01-10,vpd g 6. "Association Lien" shall mean a lien in favor of the Association imposed pursuant to this Declaration. 7. "Board" or `Board of Directors" shall mean the Board of Directors of the Association. For purposes of exercising the powers and duties assigned in this Declaration to the Board during the development period, this term shall also mean the "Temporary Board" or "Declarant" as provided in this Declaration unless the language or content clearly indicates otherwise. 8, "Budget" shall mean the operating budget for the Association adopted pursuant to this Declaration. 9. "Building" shall mean any of the detached buildings on the property. Each building may contain multiple residences. 10. `Bylaws" shall mean the Association's Bylaws and any amendments. 11. "Condominium" shall mean the condominium regime established on either or both of the Condominium Parcels. 12. "Condominium Association" shall mean a non-profit corporation formed to administer one or more of the Condominiums. 13. "Condominium Parcels" shall mean Lots 1 and 24 as shown on the Plat of Galloway at the Highlands. 14. "Condominium Unit" shall mean an individual Unit within a Condominium. 15. "Common Areas" shall include but not be limited to what is identified as Tracts A, B, C and D. Common areas shall also mean the property both real and personal in which any of the Association(s) and/or all of the Lot owners has beon granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the Plat map recorded as referred to above or any other recorded document. 16. "Common Expenses" shall mean all costs and expenses incurred by the Association, including, but not limited to, the following: (a) expenses of administration, maintenance, and operation, including, but not limited to, reasonable compensation to employees of the Association, (b) costs of repair or replacement of the common areas or any required or permitted Improvements thereon, (c) premiums or deductibles for all insurance policies and bonds required or permitted by this Declaration, (d) all real property and other DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONSpage 2 of 46 1:1DATA\DT1fDVWnrtek, JanhihanUlatWedamlion 07-01-10.w taxes and assessments on the common areas, (c) utility and service charges, (f) funding of reserves for anticipated operational shortfalls or for replacement of capital items, (g) funding of reserves for the replacement of the common areas and any improvements and community facilities therein, and start-up expenses and operating contingencies of a nonrecurring nature, (h) legal fees and costs, (1) the costs of recovering unpaid Assessments, including legal fees and other costs of foreclosure of an Association Lien, 0) fees for professional services, (k) expenses of administration, maintenance, operation, repair or replacement of landscaping performed by the Association or the Association's agent on the owners Lots, (1) costs of maintaining any portions of the Buildings which the Association is required or permitted to maintain pursuant to this Declaration, (m) the cost of maintaining or repairing any store water drainage system, and (n) any other costs and expenses determined from time to time as reasonably necessary by the Board, or as otherwise incurred by the Association pursuant to this Declaration. 17. "Declaration" shall mean this Declaration of Protective Covenants, Conditions, Easements and Restrictions. 18. "Declarant" The Declarant shall mean Galloway at the Highlands I, LLC, a Washington limited liability company, or any other person or entity to whom the Declarant assigns by written instrument its rights as a Declarant under the terms of this Declaration. 19. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the Lots have been sold by the Declarant or any shorter period, as determined by the Declarant. A partial delegation of authority by the Declarant of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the Lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (.FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all of the Lots have been closed and sold to other than builders. 20. "Governing Documents" means this Declaration, and rales and regulations promulgated under the authority granted hereby, and the Articles and Bylaws of the Association, all as amended from time to time. 21, "Improvement" shall mean all structures and appurtenances thereof of every kind, whether above or below the land surface, including, but not limited to, buildings (including residences), garages, utility systems, walkways, driveways, parking areas, loading areas, landscaping areas, fences, walls, decks, stairs, poles, landscaping vegetation, irrigation systems, streets, signs, exterior fixtures, recreational facilities, play structures, lighting, paving, striping, curbs, picnic structures and any other structure of any kind. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 3 of 4b 1:TATA1D\BHDV,1\aartels, Jptatl�gnlPla�lpeclantinn a7-�I-10"pd g 22. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first note or deed of trust against a Lot or housing unit thereon. 23. "Lot" shall mean each of Lots as designated on any plat of land shown ont he recorded subdivision maps of the property, but excluding the lettered tracts, and Lot shall also include a Condominium Unit after the same has been established in either Lot 1 or 24 by the recording a Condominium Declaration and Survey Map and Plans, Therefore, for an example, if a Condominium is created on Lot 1 whereby 9 Condominium Units are created, then that will mean that there will now be 9 Lots in place and in substitution of Lot 1 and each of those Condominium Units which are now identified by Lots shall be subject to the terms and provisions of this Declaration, except as the same are specifically excluded from the terms and provisions hereof. 24. "Majority Vote" shall mean a vote of the holders of more than 50% of the total ntunber of votes allocated to the Lots in accordance with the provisions of this Declaration, 25. "Member" shall mean every person or entity that holds a membership in the Association. 26. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the real property. 27. "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, or a portion of a Lot, with the permission of the owner. 28, "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. A real estate contract purchaser shall be deemed the owner. 29. "party Wall" shall have the meaning as ascribed to it in this Declaration. 30. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity, DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 4 of 46 J:\DATMMBHDIN"wtels, JonathanTla6Dedaration 07-01-10.upd g 31. "Property" shall mean and refer to the real property described with particularity in "Exhibit A" and such additions to that property which may hereafter be brought within the jurisdiction of the Association. 32. "Residence" shall mean and refer to a detached structure occupying any Lot situated within a building. 33. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. 34. "Structure" shall mean any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailboxes, rockery, or the like. 35. "Tracts shall mean Tracts A, B, C and D, inclusive, as shown on the Plat. ARTICLE TWO. MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion, The Declarant shall also appoint members to the Architectural Control Committee, At such time as the Declarant has sold and conveyed all Lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all Lots, then the Board of Directors, as elected by the Members, shall appoint one or more members to the Architectural Control Committee. Section Two: Purpose of Development Period. The Declarant's control of the Association during the Development Period is established in order to ensure that the real property and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Declarant's completion of construction of housing units. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RES'T'RICTIONS [ADATAIDIBHMI'Marlels, lonalllanlPla[1Declaralion 07-01-10.wIld Page 5 of 46 Section Three: Authority of Association After Development Period. At the expiration of Declarant's management authority the Association shall have the authority and obligation to manage and administer the common areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. Section Four: Delegation of Authority. The Board of Directors, Declarant may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board, Declarant shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors. Section Five: Termination of Development. Upon termination of the development period, the Declarant, in accordance with the by-laws, shall conduct by mail an election of a Board of Directors who shall then act in accordance and in connection with the terms and provisions of the Articles of Amendment of Incorporation, By -Laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, may give written notice of termination of the development period to the owner of each Lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation, By -Laws and this Declaration. ARTICLE THREE: HOMEOWNERS ASSOCIATION Section One: Non -Profit Corporation. The Association shall be incorporated as a non- profit corporation in accordance with RCW 24.03. Section Two: Membership. Every person which is an owner of any Lot (and the term Lot shall also paean any Condominium Unit once it has been established in accordance with the Washington Condominium Act) shall be a member of the Association. Membership shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon the transfer of title to said Lot and then only to the transferee of title to the Lot. All owners shall have the right and duties specified in the Government Documents. Section Three: Voting. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 6 of 46 1 DATMD\BHD'kN mrL0s.lona11:anT1atV)cctan6on07-a1-10i%?d g I . One Vote. owners, including the Declarant, shall be entitled to one vote for each Lot owned. When more than one person owns an interest in any Lot, the vote for that Lot shall be exercised as the owners decide to exercise that vote, but in no event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The voting rights of any owner may be suspended as provided for in the Governing Documents. 2. Voting Representative. There shall be one voting representative of each Lot. Declarant shall be considered an "owner" and shall be the voting representative with respect to any Lot owned by Declarant. If a person (including Declarant) owns more than one Lot, such person shall have the votes for each Lot owned. The voting representative shall be designated by the owner but need not be an owner. 3. Joint owner Disputes. The vote of a Lot must be cast as a single vote, and fractional votes shall not be allowed. In the event that joint owners are unable to agree among themselves as to how their vote shall be cast, they shall lose their right to vote on the matter in question. In the event more than one vote is cast for a particular Lot, none of such votes shall be counted and such votes shall be deemed void. Section Four: Meetings. I. Annual Meetings, Audits. There shall be an annual meeting of the owners in the first quarter of each calendar year, or such other fiscal year as may be adopted by the Association, at such reasonable place and time as may be designated by written notice of the Association delivered to the owners no less than fourteen (14) days and no more than sixty (60) days prior to the date fixed for such meeting. At the annual meeting, there shall be presented a report on the itemized receipts and disbursements for the preceding fiscal year, and allocation thereof to each owner, and the estimated expenses, if any, for the Association for the coming fiscal year. A Lot owner, at his expense, may at any reasonable time make an audit of the books of the Association. 2, Special Meetings, Special meetings of the owners maybe called at any time for the purpose of considering matters which by the terms of this Declaration require the approval of all or some of the owners, or for any other reasonable purpose, Such meeting shall be called by written notice of one third or more owners, which notice shall be delivered not less than fourteen (14) days and no more than sixty (60) days prior to the date fixed for such meeting. The notice shall specify the date, time and place of the meeting, and in general the matters to be considered. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS MATA1MBRDWWonds, JonathanUU\Declaraticn 07-01.10.wPage r age 7 of 46 3. Quorum Requirements for Association Meeting. At a meeting of the owners, twenty-five percent (25%) of the voting owners present in person or by proxy shall constitute a quorum. A majority of owners present and entitled to vote, either in person or by proxy, shall be sufficient for the passage of any motion or the adoption of any resolution, except in connection with amendment or repeal of this Declaration. If the required quorum is not present, another meeting may be called subject to the requirement of written notice sent to all members at least ten (10) days in advance of such meeting, and the required quorum at the subsequent meeting shall be one-half (!2) of the required quorum for the preceding mecting. In the absence of a quorum at an owner's meeting, a majority of those present in person or by proxy may adjourn the meeting to another time but may not transact any other business. An adjournment for lack of a quorum shall be to a date not less than five (5) nor more than thirty (3 D) days from the original meeting date. Section Five; Bylaws of Association. Bylaws for administration of the Association and the property, and for other purposes not inconsistent with the intent of this Declaration, may be adopted and amended by the Board. The bylaws may contain provisions which are supplementary to, and consistent with the Declaration. In particular, but without limitation, the Board may establish provisions for the giving of notice (including electronic notice) of the time and place of meetings, and the like. Section Six; Power of the Association. The Association shall have the powers enumerated below, any powers reasonably implied from the grant of enumerated powers, and any power reasonably necessary to the effective administration of the common areas, and for effectuation of the purposes of this Declaration. (a) Purchase policies of liability and property insurance on the common areas and the buildings, and such other insurance as the Board deems advisable, and take all actions which may be necessary or convenient in dealing with any insurance recovery or any insurance company. (b) Purchase legal and accounting services, if necessary, for the administration of Association affairs, administration of the common areas, or the enforcement of this Declaration, (c) Arrange for the maintenance, repair and replacement of the common areas. (d) If necessary, maintain any Lot if such maintenance is reasonably necessary in the judgment of the Board to (1) to protect common areas; or (2) to preserve the DECLARATION OF PROTECTIVF, COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS :DATA%MHDVA%HKrtrls, 07.01-10,rvpd Page 8 of 46 appearance and value of the property as a whole, The Board may authorize such maintenance activities if the owner or owners of the Lot have failed or refused to perform maintenance within a reasonable time after written notice of the necessity of such maintenance within a reasonable time after written notice of the necessity of such maintenance has been delivered by the Board to th owner or owners of such Lot, provided that the Board shall levy a special assessment against the owner or owners of such Lot for the cost of such maintenance. (e) Pay any amount necessary to discharge any lien or encumbrance levied against the entire property or any part thereof which is claimed or may, in the opinion of the Board, constitute a lien against the property or a portion thereof and/or against the common areas. Where one or more owners are responsible for the existence of such liens, they shall be jointly and severally liable for the cost of discharging it and any costs or expenses, including reasonable attorney's fees and costs of title search incurred by the Board by reason of such lien or liens, Such fees and costs shall be assessed against the owner or owners and the Lot responsible to the extent of their responsibility. (f) Pay all utility charges attributable to common areas. (g) Pay all costs deemed appropriate by the Board to ensure adequate security for the Lots and common areas. (h) Improve common areas with new capital improvements; provided that for those capital improvements exceeding $5,000.00, fifty-one (51 %) percent of the owners (not just a quorum) must approve the addition of such capital improvements to the common areas. (i) Enter any Lot or residence, when reasonably necessary, in the event of emergencies or in connection with any maintenance, landscaping or construction for which the Board is responsible. Except in cases of emergencies, the board, its agents, or employees shall attempt to give notice to the owner or occupant of any Lot or residence twenty-four (24) hours prior to such entry. Such entry must be made with as little inconvenience to the owners as practicable, and any damage caused thereby shall be repaired by the Board if the entry was due to any emergency (unless the emergency was caused by the owner of the Lot entered, in which case the cost shall be specially assessed to the Lot). If the work, repairs or maintenance activities were necessitated by the owner's neglect of the Lot or the owner's violation of the restrictions or duties set out in this Declaration, the bylaws or the articles, the cost of such repair or maintenance activity shall be specially assessed to that Lot. If the emergency or the need for maintenance or repair was caused by another owner of another Lot, the cost thereof shall be specially assessed against hte owner of the other Lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1ADATAWD BHD\"3nrte1s, JonathanTla(Ordl tiun07-01,10wpd Page 9 of 46 0) Adopt and publish reasonable rules and regulations consistent with this Declaration governing the members and their guests and establish reasonable penalties for any infraction thereof. (k) Employ a property manager to keep the books for the Association and take such other action as the Association may deem appropriate. (1) Impose annual and special assessments to pay for common expenses. (m) Open a bank account on behalf of the Association and designate the signatories required. (n) Exercise all powers, duties and authority vested in or delegated to the Association and not reserved to the membership by other provisions of the governing documents. ARTICLE FOUR: COMMON AREAS Section One: Dedication of Common Areas: Upon recording of this Declaration, the managem ent and control of all common areas shall be conveyed and vested in the Association; however, each Lot owner for tax purposes shall have an undivided equal interest in said common area as delineated on the Plat map. However, the Declarant however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. The common areas shall include, but not be limited to, those identified in Article One of this Declaration. Section Two: PropeLiLty Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas in a manner consistent with this plat, this Declaration, the Articles and the By - Laws of the Association, and subject to Washington law, municipal ordinance, and any rules and regulations adopted by any governmental authority having jurisdiction over the same. Section Three: No Residential Development. None of the common areas can be used or improved for any type of residential development as required by the City of Renton. ARTICLE FIVE: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance - Common Areas. The Association shall maintain the common areas in a manner consistent with good building and nursery practices, DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 10 of 46 1ADAT*D\B 3D%1+Mar1a1s, loneihanlPfatU7eclaration 07-01-10_wpd and in compliance with all applicable codes and regulations. The common areas shall include but not be limited as defined below together with all casements which are for the benefit of all Lot owners. These common areas include but are not limited to the following: 1. 'Tracts A, B, C and D, as identified on the Plat of Galloway at the Highlands. Tract A, B, C and D is hereby granted and conveyed to the Galloway at the Highlands Homeowners Association. In the event the Galloway at the Highlands Homeowners Association is dissolved or otherwise fails to meet its property tax obligation as evidenced by non-payment of property taxes for a period of eighteen (18) months, then each Lot in this plat shall assume and have an equal and undivided ownership interest in the tracts previously owned by the Galloway at the Highlands Homeowners Association and have the attendant financial and maintenance responsibility. 2. The round -a -bout island, including landscaping thereon, located in the roadway between Tracts A and D. 3. All landscape planters owned and controlled which were constructed and located by the Declarant. 4. All casements which have been established for the benefit of Lot owners or the Association or reserved to the Declarant, which may be delineated on the Plat of Galloway at the Highlands, or which easements are reserved on any other recorded document as well as casements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas or any common areas as defined above, Section Two: Common Expenses. The Association shall perforin such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot owners and shall be referred to as common expenses. The common expenses shall be paid by the Association from funds collected from assessments paid by Lot owners. The common expenses shall include, but shall not be limited to, the following: The cost of maintaining all required insurance coverage and fidelity bonds on any common areas, and for directors and officers of the Association; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Ipage I 1 of 46 ,IDATAT\BHDV.f0ands, +r lonaihanlPlxtUkclsrslinn o7-QI-IO 2. The cost of maintaining, repairing and replacing all common area improvements, including but not limited to, (provided the same have been installed by the Declarant or the Association) playground equipment, paved pedestrian pathways and sidewalks not within the road right-of-way, lights constructed and installed by Declarant to illuminate any pedestrian pathways, and any street lights which are not otherwise maintained by a public utility or public authority, speed limit, no parking and street address advisory signs constructed and installed by Declarant. The cost of maintaining, repairing and replacing street trees which have been planted as a requirement in order to obtain plat approval. 4. The cost of maintenance of those portions of the Lot and the building situated thereon as more particularly set forth in this Declaration and/or have been installed by Declarant. Any other expense which shall be designated as a common expense in the Declaration, orwhich shall be designated as ahomeowners association expense as a requirement for plat approval, or may be designated as a common expense from time to time by the Association. Section Three: Maintenance of Lots. The condominiums created in Lots 1 and 24 are excluded from this provision, Maintenance by owner. Except where the obligation is imposed on the Association by the provisions of this Declaration, each Lot and Residence shall be maintained by the owner in a lawful, neat, clean and attractive condition at all times, Without limiting the generality of the foregoing, each owner's obligations include the following - (a) Exterior Maintenance. Each owner shall maintain, repair and replace the gutters, exterior siding, windows, doors, lighting (including relamping) and other weather protection and related improvements on such owner's Lot in good condition and repair. All repairs, replacements, or reconstruction shall be completed with materials as near as possible to the quality, type and color of the original improvements. (b) Refuse. Each Lot shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. All refuse shall be kept in a sanitary containers situated on the each Lot sealed DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 12 of 46 LTATM)WIWHarteSS, loealhanV�let�Ueclaralion 07.01-1a0.,pd g from view of any other Lot. The containers shall be emptied regularly and their contents disposed off of the Property. No grass cuttings, leaves, limbs, branches or other debris from vegetation shall be dumped or allowed to accumulate on any part of the Property, except that a regularly tended compost device shall not be prohibited in any back yard. (c) Storage and Parking. No storage of goods, vehicles, boats, trailers, trucks, campers, and recreational vehicles, or any other equipment or device shall be permitted except in parking spaces designated by the Association and subject to such rules and regulations regarding such storage and parking shall be promulgated by the Association from time to time. There shall be no parking on vehicles in an easement area, without prior written permission of the Association and subject to any applicable laws. (d) Shared Fence. Each owner shall share equally the responsibility of maintaining any fence between such owner's Lot and any other owner's Lot. If the owners disagree on any aspect of such fence maintenance, any one of them may request that the Association perform reasonable fence maintenance or replacement; provided that the Association shall make a special assessment against the owner's of the effected Lots in such manner and proportion as the Association shall, in its sole discretion, determine. In the case where the owners located in a single Building have any disagreement with respect to the maintenance of their respective portions of such Building, any such owner shall have the right to have such dispute resolved by the Board, by written notice to the Secretary and President of the Association, with copies to all other owners located in such Building. Each affected owner shall have the right to submit such written materials to the B oard as the owner desires, subj ect to such time and page limits as the Board may wish to impose. The Board shall within forty-five (45) days after such notice hold a meeting for the purpose of resolving the issue, at which meeting each of the owners shall be entitled to present the owner's position, subject to such procedural limitations as the Board may impose. The Board may resolve the issue at such time, or later in executive session. The resolution of the Board shall be in writing, and shall be final and binding on the parties. The Board may engage the services of legal counsel in connection therewith, and the fees of such counsel may be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pe 13 of 4G IADATA1 S1 M\A7U3aHa els, lonathan"atTeclamlion 07.01-10.wpd g (but are not required to be) specially assessed against any owner who is found to be substantially in the wrong. Any resolution by the Board may include having the Board cause any work to be done, with the cost of the work specially assessed against the owners of the improvements in question, together with a twenty percent (20%) administrative fee. 2. Lot Maintenance by the Association. (a) Basic Obligations. The Association shall be responsible for the repairs and maintenance set forth below; however, the cost of any repairs, replacement, recaulking or any work of a similar nature shall be assessed against the Lot owners situated in the building structure in which the residential structure of the Lot owner is located; (i) Exterior Paint and Weather Sealing, Painting, sealing, flashing and caulking of exterior Building surfaces. (ii) Roof Maintenance and Replacement. Repairing and replacing roofs, gutters, and down spouts. The Association shall also be responsible for repair and replacement of interior damage caused by leaks through portions of the exterior of Buildings that the Association is responsible for maintaining, but excluding damage to improvements and betterments installed in the Residence by an owner. The Association may either repair or replace damaged portions of the Building, including finishes and fixtures, with materials and workmanship of like kind, quality and condition as was originally installed by the Declarant or may pay the owner an amount equal to the cost of such repair and replacement in lieu of doing such work. All decisions regarding maintenance and repair shall be determined by the Board. (iii) Lot Landscaping, The maintaining of all exterior landscaping on the property. (iv) Casualty Repair. Repair of any damage which is covered by insurance required to be carried by the Association (including damage which is below the amount of any deductible.) Optional Obligations. The Association shall perform any maintenance, repair or replacement that this Declaration imposes upon the owners as their DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page l4 of 46 LTATAUBP MNMartels, JonathanTWI%Dcclarallon G7-01-10 "pd individual responsibility, if the owners have elected by a vote or consent of at least fifty-one percent (51 %) of the total voting power (not just a quorum) to delegate such responsibility to the Association. 4. Right to Perform Maintenance Neglected by an owner. In the event any owner fails to perform any obligation required under this Declaration including, after reasonable written notice to the owner, the Association may enter upon the Lot to perform the required obligation, All costs related to the performance of such obligation shall be specially assessed to such owner, plus an administrative fee equal to twenty percent (20%) of such cost. Insurance Proceeds. In the event any repair or replacement of either the roof of any exterior or interior portion of the building or residence that is due to casualty or any other incident for which there is insurance coverage under the casualty insurance policy carried by the owner and said insurance proceeds shall be available and paid to the Association to perforin such repair work that if there is such insurance coverage for such repairs, it will be paid for from the insurance and not from Association funds. Section Four: Extraordinary Use Expenses, In the event that one or more Lot owners should by their use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damage those common areas or any improvements located thereon or therein, the individual subjecting the common area to such use shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Five: Street Repair, Maintenance and Cleaning. All owners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the street as a result of any construction activities and the owners shall at all times remain responsible for beeping the street clean of any such debris, dirt and material. In addition, all owners shall use due diligence to avoid causing any damage to the street or sidewalks and all streets and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. The owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the owner to abide by the terms and provisions of this Declaration. In the event any owner does not pay the same upon request, then the Declarant shall have a lien against the property of said owner to secure payment of said reimbursement. In the event it cannot be determined which owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses DECLARATION OF PROTECTIVE; COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS I.-DA7A01 HM1, Radels,lnnalh.API.dD.I.rarion07-01-10.ivpd Page 15 of 46 incurred by the Declarant, Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Section Six: Street Trees. As a condition of plat approval, the Declarant may have had to install certain trees either within the street right of way or on Lots as a condition for obtaining final plat approval. The Homeowners Association is responsible to maintain said trees and in the event any tree is removed for any reason, the Homeowners Association shall immediately replace the tree and if necessary shall reimburse the Declarant for the cost of replacing said tree. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten (10) years after recording of this Declaration. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in a easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every Lot subject to the following provisions: The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards, The right of the Declarant during the development period or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid for a period not to exceed sixty days, and for any and each separate infraction of its prohibited rules and regulations, The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any pall of the common areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Members as applicable may deem appropriate. After the development period, no such dedication or transfer shall he effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the Lots that have been recorded. 4. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance, Nothing shall be done or kept in any common areas which will increase the rate of insurance on the common areas or other Lots or improvements without the prior written consent of the board. Nothing shall be kept in any common area which will DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 16 of 46 1.1UATMMBHMMn Uands,JonatlianSPlatlDeclaralionR7-01-10.wapd g result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: AIteration of Common Areas. Nothing shall be altered or constructed in, or removed from any common areas except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section Ten: Dumping in Common Areas or Easements. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landsca in and Fencin . No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the Plat except as deemed appropriate by the Board. This prohibition shall not apply to the landscaping and any improvements in the common areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private Lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of Lots extending to the edge of the curb or sidewalk. Section Twelve: Management. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pae 17 of 46 1,QATAVAB[-ET1MBarids. Jo alhanlPlat\➢eelsraliun 07-0I-10 %vpd g cause upon not more than ninety (90) days written notice thereof (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each, Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. Section Thirteen. Parking _Are a. There has been designated an area for parking of members, guests and invitees which is situated on the Plat and the Association Board of Directors shall have the authority to adopt such rules and regulations relative to such parking as they deem appropriate and necessary. ARTICLE SIX: ASSESSMENTS Section One: Covenants for Maintenance Assessments. Each owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any deed or other conveyance, is deemed to pay to the Association annual or other regular assessments as set forth in this Declaration. 2. The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. 3. Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the owner's successors -in -interest runless expressly assumed by them. The new owner shall be personally liable for assessments which become due on and after the date of sale or transfer. 4. Unless otherwise provided for in this Declaration, no Lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose ofpromoting the recreation, health, safety and welfare of the residents of the real property, including the improvement, repair and maintenance of the common areas and the services and facilities related to the use and enjoyment of said areas, for DECLARATION OR PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1ADATATIS}ID1Mands, 07-OE-10wgd Page 18 of 46 the payment of insurance premiums on the common areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (3 0) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every owner, In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the amivally or regular assessment for the prior year shall automatically be continued unti 1 such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those common areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the By- Laws of the Association which are incorporated herein as though fully set forth. Section Four: Special Assessments. In addition to the assessments authorized above, the Association by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the common areas. However, the Declarant shall not be obligated to pay any special assessments on Lots owned by the Declarant. Assessments may be made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require the approval as set forth in the By-Laws. Section Five: Assessments of Budgeted Common Expenses Against Lots. The annual expenditures contained in the budget, net of budgeted income, shall be assessed in equal shares against each Lot. Each owner of a Lot, for himself or herself, and for his or her heirs, personal representatives, successors and assigns, hereby covenants and agrees, and each subsequent owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in the deed, is deemed to covenant and agree, to pay the Association, for each Lot owned, any and all assessments charged by the Association pursuant to this Declaration. Section Six: Initial Assessment. The initial assessment which shall be paid by any owner who acquires a Lot from the Declarant shall pay at time of closing the sutra of Three Hundred Dollars ($300.00) which amount shall be paid to and held by the Association for Association expenses under the terms of this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS VDATAW) BHDWU3anch, Janaihanl21atWeclaralien 07.01-10.wpd Page 19 of 46 Section Seven; Annual Assessment. The annual assessment shall be determined by the Declarant prior to the sale of the first Lot and each Lot owner, upon purchasing from a Declarant, shall pay the prorata portion of said assessment. Said annual assessment shall be due on or before the first of each month. The above referenced annual assessment shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declaration, In the event the expenses of the Association are in excess of the assessments collected, then the Declarant shall pay the difference to the Association orpay for said expenses and at such time as there have been sufficient assessments collected by the Association, the Declarant shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any Lot owned by the Declarant. The annual assessment as set forth above may be increased during the development period to reflect (1) maintenance costs; (2) repair costs; or (3) plat management costs. All increases during the development period must directly reflect increase in the above cited costs. During the development period, the Declarant shall have the authority to reduce the annual assessments if economic data support such a reduction because of reduced maintenance costs or other anticipated association expenses. Section Eight: Certificate of Pam. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid, A reasonable charge may be made for the issuance of the certificate, Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Ninc: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64,38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE SEVEN: COLLECTION OF ASSESSMENT Section One: Lien - Personal Obli ag tion. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the owner of the Lot at the time the assessment was due. No owner may waive or otherwise avoid liability for assessments by non-use of the common areas or abandonment of the Lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 20 of 46 ITATA1M91 \NTU3nrtels, Ianatban\MaMedinlion U-01-10 "pd p Section Two; Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at an annual rate of eighteen (18%) percent. A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Recover,, of Attorneys' Fees and Costs. The Association shall be entitled to recover any costs and reasonable attorneys' fees incurred in connection with the collection of delinquent Assessments, whether or not those collection activities result in suit being commenced or prosecuted to judgement. In addition, the prevailing party shall be entitled to recover costs and reasonable attorneys' fees on appeal and in the enforcement of a judgement, whether in the State of Washington or a sister state. Section Four: Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Association, or the Manager, or another authorized agent of the Association if neither the president nor treasurer nor Manager is available, stating the indebtedness, if any, for Assessments secured by the Association's lien upon any Lot shall be conclusive upon the Association as to the amount of indebtedness on the date of the certificate in favor of all persons who rely thereon in good faith. A certificate of Assessments, in recordable four►, shall be furnished to any Member, Owner or any Moilgagee within a reasonable time after request at a reasonable fee to be set by the Board. Unless otherwise prohibited by law, any Mortgage may pay any unpaid Assessments payable with respect to that Lot and upon payment that Mortgage shall have a lien on the Lot for the amounts paid of the same rank as the lien of its Mortgage. Section Five: Non -Judicial Foreclosure of Assessment Lien. The Owners by approval of this Declaration each hereby bargain, sell and convey to Chicago Title Insurance Co., a Washington corporation (the "Trustee"), in Trust, for the benefit of the Association, as beneficiary, with power of sale, the real property which is subject to this Declaration, which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any way appertaining, and the rents, issues and profits thereof This grant is made by each Owner for the purposes of securing performance of the payment of all Assessments due hereunder DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 2l of 46 [:�DATA1iiOIMN4R8andas,Jonathan\PIafWedar&6ono7-UI-IQ Ypd g against each Owner's respective Lot. Upon default by any Owner in the payment of any Assessment, upon the written request of the Association, the Trustee shall sell the Lot subject to the lien for Assessments, in accordance with. the Deed of Trust Act and the State of Washington at publ is auction to the highest bidder. Any person except the Trustee may bid at a Trustee's Sale. The Trustee shall apply the proceeds of the sale as follows: (1) the expense of sale, including a reasonable Trustee's fee and any attorney's fee; (2) to the obligation secured by this grant in trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. The Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which the Owner had or had the power to convey at the time of adoption of this Amendment, and such as he or she may have acquired thereafter. The Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and the Declaration, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchase and encumbrancers for value. The beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the real property records of the county in which this Declaration is recorded, the successor trustee shall be vested with all powers of the original trustee. Section Five: Judicial Foreclosure of Assessment Lien. The Association may foreclose the lien on any assessment by appropriate action in court in the manner that a mortgage is foreclosed or in any other manner provided by the laws of the State of Washington as they may from time to time be changed or amended. In any action to foreclose a lien against any Lot for nonpayment of delinquent assessments, any judgment rendered against the owner of a Lot in favor of the Association shall include a reasonable sum for attorney fees and all costs and expenses reasonably incurred in preparation for or int he prosecution of the action in addition to taxable costs permitted by law. The Association shall have the power to bid in at any resulting sale and to purchase, acquire, lease, hold, mortgage and convey any Lot. Section Six; Records. The Board shall cause to be kept complete, detailed and accurate records of all receipts and expenditures of the Association, specifying and itemizing each expense incurred. Except to the extent exempted from disclosure under applicable law, the books and records of the Association, including the records and resolutions authorizing payments by the Association and all contracts, documents, minutes, resolutions, papers and other records of the Association, shall be available for examination and copying upon prior request by any member, owner, mortgagee, prospective purchaser of a Lot, or prospective mortgagee, personally or by an authorized representative, during normal business hours at the place at which the records are normally kept or at another reasonable time and location established by the Board. The Association may assess reasonable charges against a member DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 22 of X16 1. DATA%DIBHD\NDBsrnels, Ion9lhsnlPlpl�eclsselion 07 -Di -10 wpd or owner, as a special assessment, to cover the direct and indirect costs of examination and copying of Association records by an owner or member or their representatives and may require any other requesting party to pay a like charge. ARTICLE EIGHT: BUILDING, USE, AND ARCHITECTURAL RESTRICTIONS Section One; Condominium Excluded. All Condominium Units created in Dots 1 and 24 are hereby excluded frons the provisions dealing with building, use, and architectural restrictions as more particularly set forth in this Declaration. Section Two: Residential Restrictions. All Lots within the property shall be used solely for private single-family residential purposes. Private single-family residences shall consist of no less than one Lot. No garages shall be converted into living space. No single residence shall be altered to provide a residence for more than one family. Section Three: Property Use Restrictions. No Lot shall be used in a fashion which unreasonably interferes with any owner's right to use and enjoy their respective Lots or common areas. The Board, the Committee designated by it, or the Declarant during the Development Period, shall determine whether any given use by an owner unreasonably interferes with those rights. Such determinations shall be conclusive. Section Four: Prohibition of Nuisances and Untidy Conditions. No noxious or offensive activity shall be conducted on any Lot or common area, nor shall anything be done or maintained on the Property which may be or becomes an activity or condition which unreasonably interferes with the right of other owners to use and enjoy any park of the Property. No activity or condition shall be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. Section five: Fences, Walls & Shrubs. Fences, walls and shrubs are permitted to delineate the Lot lines of each Lot, subject to (1) approval of the Board and (2) determination whether such fences, wall or shrubs would interfere with utility easements, reflected on the face of the Binding Site Plans and other easements elsewhere recorded are actually known. All fences constructed on the Property must be of the same type, style and material as constructed by the Declarant, unless otherwise authorized by the Declarant or the Board, Section Six: Temporary Structures. No structure of a temporary character or trailer, recreational vehicle or other out buildings shall be used on any Lot at any time as a residence, either temporarily or permanently for residential purposes, except for such structure or trailer used by Declarant during the construction or sale of Residences. All such structures shall be removed at the expense of the owner of the Lot on which the structure is located. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 23 of 46 LMATATSHDWABaatels, ]onathanl im0edaration 07.CI.14 wpd Section Seven: S. inns. No signs, billboards, or other advertising structure or device shall be displayed to the public view on any Lot, except one sign not to exceed six (6) square feet in area, may be placed on a Lot to offer the Lot for sale or rent. Signs also be used by the Declarant to advertise the Property during the construction and initial sale period. All such signs shall be of a quality equivalent to those used by Declarant. One sign will be allowed at the entry of the Plat, unless otherwise authorized and approved by the Declarant or the Board. Political yard signs not more than six (6) square feet, of a temporary nature, will be allowed on Lots during political campaign periods. Section Ei ht: Animals. No animals other than dogs, cats, caged birds and tanked fish, may be kept on any Lot. No more than two (2) mammalian pets may be kept on any Lot. Dogs shall not be allowed to run at large, and no dog runs shall be permitted. Leashed animals are permitted within the common areas. Efforts should be made by the person accompanying the animal to remove animal waste deposited on lawns and right-of-ways. All exterior pens and enclosures must be approved by the Board prior to construction and shall be kept clean and odor free at all times, If, upon investigation by the Board, it is indicated that an animal or animals are being kept in violation of this section, the Board will give the owner ten (I 10) days' written notice of the violation. Such violations must be remedied by the owner within said ten (10) days. Failure to comply with the written notice will result in a fine of twenty-five dollars ($25-00) per day during any period of non-compliance. The Association shall be entitled to reimbursement of all attorneys' fees and associated costs for any action taken to collect such fines. If a Lot owner violates provisions of this section regarding pens and enclosures on more than two (2) occasions, the Board may required the Lot owner to remove such structure. Persistent disturbances caused by a Lot owners barking dog may be considered an unreasonable interference with the right of other owners to use and enjoy their property. The Board may require the Lot owners to keep a barking dog indoors. Section Nine: Radio and Television Antennas and Satellite Dishes. No television or radio aerial or satellite receiving dishes or similar devices shall be erected or placed so that it is visible from the entry to the property or the entry areas of any of the other homes. No more than one satellite or receiving device shall be installed on any Lot and the maximum diameter of any such device shall be eighteen (18 ") inches. Section Ten: Protection of Trees. Homeowners shall not cut down trees located on Lots within the Plat unless such trees are dead. It shall be necessary for homeowners to obtain the permission of the Board before cutting or pruning such trees. This provision only applies to trees in the Plat as developed by the Declarant and trees planted prior to Declarant's development and shall not apply to trees which owners plant on their Lots. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONSPa e 24 of �6 1:MATH'�DT11DWRBar(ds,lonethanli'SattUcclarasiono7-oi-io,wpd g Section Eleven: Trash Containers and Debris. All owners shall place their trash in the trash containers situated on each Lot which shall be sealed from the view of any other Lots together with yard waste recycled materials containers, which containers may be placed on the driveway or roadway only for purposes of collection and upon the termination of collection must be removed and located on the Lot in accordance with the provisions of this Declaration, Section Twelve: Noise and Offensive Activit . owners, or any Occupant of the Property, shall refrain from making loud noises or playing musical instruments, radios, televisions, electronic music or using amplifiers at noise levels that may disturb other owners or Occupants of the Property. No owner shall mount any speakers or equipment containing speakers on any Party Wall; provided that owners may mount flat screen televisions with stock speakers on Party Walls. Any disputes regarding such matters may, at the request of any owner, be resolved by the Board in the same manner as provided in this Declaration above for resolution of disputes concerning Lot maintenance. owners are advised that living in a town home necessarily involves some compromise in acoustical privacy. Certain of the Lots are adjacent to an Interstate Highway, which also could create some noise issues. In no event shall the Association or the Declarant have any liability to any owner with respect to noise issues. Section Thirteen: Damage. Any damage to common areas by owners, their children, contractors, agents, visitors, friends, relatives, or service personnel shall be repaired and restored by the Association and any associated expense shall be assessed against the owner(s) causing such damage as a type of assessment, Section Fourteen: Vehicle Parking and_Storage. Vehicles may only be parked on designated and approved driveways or parking areas, which shall be hard surfaced, or within garages. No storage of vehicles, boats, trailers, multi axle trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. This provision shall not exclude the parking of up to a combination of two (2) automobiles and regular sized pick tip trucks on the designated driveway or parking areas on the Lot as set forth above. A Lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. Section Fifteen: Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the real property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Sixteen: Dirt bikes and/or ATV. No unlicenced motor vehicles, including motorcycles, motor scooters, ATV's etc,, shall be permitted on any street within the Plat, nor DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 25 of 46 LTATAtiD%BHDWt 3arlels, fonaftae la Weclaratlon 07-0I-IOmpd g on any common areas. That bicycles and dirt bikes also shall not be permitted on any common areas unless operated in areas specifically approved by the Association. Section Seventeen; Ent for Ins ection. Any agent or member of the Declarant may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been compliance with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential Lots for the purpose of malting and carrying out such inspections. Section Ei h_p, teen: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the real property, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Nineteen: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take an action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article 10, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE NINE: PARTY WALLS This Article shall apply to party walls between adjoining Residences. (The Condominium Units contained in Lots 1 and 24 are excluded from this provision) A "Party Wall" is any wall of a Building which is shared by two Residences and which runs along the Lot line of the two Lots upon which the Residences sharing the wall are located. For purposes of this Section, the term Party Wall includes everything, if anything, located within such wall (such as studs, framing, insulation, soundproofing material, pipes, wires, joints, junction boxes and other materials or equipment related to utilities) and below the wall (such as the surface of the ground and footing and/or foundations location on the ground), DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS page 26 of 4G IADATAOTHDll1Mnlels, lanaihanTlatlDeclaralian 07-01-10,wpd Section One: Maintenance, The ownership of each Party Wall shall be divided between the adjoining owners so that each owns to the center of the wall, irrespective of whether the center of the wall is located exactly on the boundary line of that owner's Lot and each owner shall maintain and repair such owner's portion of the Party Wall except as otherwise provided below. Section Two; Damage to Party Wall Without Significant Dama e to Dwelling Units. A. If a Party Wallis damaged and (1) the damage was not caused by the fault or negligence of either of the adjoining owners of the wall, and (2) neither Residence has suffered Substantial Damage (defined below) other than that to the Panty Wall, and (3) the damage is not insured by the Association's property insurance policy, then the owners of the adjoining Residences shall each pay one-half (1 /2) of the cost of repairing or. rebuilding the Party Wall. The wall shall be repaired or rebuilt to substantially the same condition and in the same location as the Party Wall was in immediately before the damage. "Substantial Damage" shall mean damage which is estimated to coat more than $5,000,00 to repair, B. If a Party Wall is damaged and (1) the damages was caused by the fault or negligence of one (but not both) of the adjoining owners of the wall, and (2) neither Residence has suffered Substantial Damage other than that to the Party Wall, then the owner that caused the damages shall at his/her Sole cost and expense repair or rebuild the Party Wall to as nearly as practicable the same condition and in the same location as the Party Wall was in immediately before the damage and shall repair the resultant damage, if any, to the other Residence. Each owner of the adjoining Residences shall the right to full use of the Party Wall as repaired or rebuilt. Section Three: Damaye to Party Wall with Other Damage to a Residence, If a Party Wall is damaged and either or both of the adjoining Residences suffers Substantial Damage, the Party Wall will be repaired and rebuilt with costs shared as provided in this Section and the cost of repairing the other damage to each Residence shall be paid by the owner of each such Residence, Section Four: Access to Party Wall Interior. Each owner shall have the right, at its sole expense, to drill into, cut into or otherwise gain access to the interior of a Party Wall for the purpose of maintaining, repairing or restoring and, if consent if first obtained pursuant to this Section, remodeling or altering, water, utility, soundproofing or other services or amenities to the owner's Residence subject to(1) the obligation to restore the Party Wall to the same DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1ADATAVDWiU\ 1Bartels, lonalhatTlatTedanlim 07-01-10.wpd Page 27 of 46 condition it was in immediately before the act and (2) responsibility to the owner of the adjoining Residence for any damages caused thereby. Section rive: No Alteration. No owner may make any changes or alterations to a Party Wall which effect the adjoining Residence without the prior written consent of the owner of the adjoining Residence and proper approvals from the City of Lakewood. Section Six: Easement for Inadvertent Encroachment. Each owner shall have an easement over the adjacent Lot for the following reasons: A. Top have the Party Wall remain and be rebuilt in its same location as when originally built; B. To use, for Party Wall purposes, that portion of the adjoining Residence upon which the Party Wall is built; and C. For access through, in, or upon any portion the adjoining Residence reasonable necessary to effect repairs to, maintenance or reconstruction of the Pavy Wall, or repair or maintenance to that portion of any foundation, exterior wall or roof of the structure which meets with, adjoins or is connected to the Party Wall. Section Seven: Protection of Part,, Each owner shall take all steps reasonably required to, upon or in the owner's Residence to protect the Party Wall from infestation of, damage from or exposure to: rain, snow, hail, wind and other weather condition; moisture; dry rot; rodents; termites and other damaging or dangerous vermin or insects; and deterioration or other injury, whether sudden or cumulative, from any use of or condition in the owner's Residence except wear and tear incident to ordinary and prudent use of the Residence. Section Eight: Rights in the Event of Default, If an owner fails to perform any actor make any payment required by this Section, and such failure continues after five days' prior written demand from adjoining owner(s), then the adjoining owner(s) may cure the default and charge the defaulting owner for the cost of the cure, which shall be due upon demand, with interest on all sums due at the rate of twelve percent (12%) per annum until repaid. Further, the curing owner(s) shall have a lien upon the defaulting owner's property, which may be recorded and, if recorded, shall contain the information required in a mechanic's lien, The lien may be foreclosed in the manner as provided and with the priority with respect to mechanic's liens, In addition, the curing owner(s) shall have the right of access to, through, in or upon and use of the Residence and Lot of the defaulting owner for the purpose of performing the act. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS LDATA%MIMWBx,tela, Page 28 of 46 Jannthanlptat5l)cclaretinn07-Ui-lO.�vpd g ARTICLE TEN: ALTERATIONS TO OR REBUILDING OF A RESIDENCE. Section One: Uniformity of Appearance. Declarant has built or is building a series of single family onthe Property as a unified development. One of the purposes of this Declaration is to assure purchasers that Residences in this project will maintain a uniformity of use and appearance of the exterior of the Residences, including with regard to paint colors and exterior finishes. Section Two: Uniformity of Desi. Following the construction of the initial Residences by Declarant, no Residence shall be altered (including rebuilding of a damaged Residence) unless the alteration is designed and constructed to match the design and construction of the previous Residence and other Residences on the Property. If an owner wishes to alter the exterior appearance or design of a Residence (including without limitation, paint color), the owner must submit to the Association a detailed information regarding the proposed design and appearance of the alteration. The owner shall be permitted to make the alternation(s) only if the owners of a majority of the Lots, including the owner(s) whose Party Wal is adjoin the altered Residence, approve the design and detailing of the alteration, owners acknowledge that in rebuilding or modifying the Residence on their Lot, there might be clear demarcation or breaks in materials or surfaces between their Residences and that adjoining Residence, and that it is the rebuilding owner's obligation (at such owner's sole cost) to construct or reconstruct the Residences such that surface materials, textures, colors and finishes flow from one Residence to the adjoining Residences without disruption. ARTICLE ELEVEN; COMPLIANCE WITH GOVERNING DOCUMENTS Section One: Strict Compliance. Each person who occupies a Lot within the Development as an owner or Occupant, shall comply strictly with the provisions of the Governing Documents and with all decisions of the Board (referred to in the Declaration as "Board Decision ") adopted pursuant to the Governing Documents, including a decision made after a hearing required under the Declaration. The acceptance of a deed, conveyance, or lease, or the entering into occupancy of any Lot shall constitute an agreement that the provisions of the Governing Documents, are accepted and ratified by the owner or Occupant and that all provisions of the Governing Documents shall be deemed and taken to be covenants running with the land and shall bind any person having at any time any interest or estate in the Lot, as though the provisions were recited and stipulated at length in each and every deed, conveyance or lease of the Lot. Section Two: Failure to Insist on Strict Performance No Waiver. The Board shall exercise its business judgment in determining what actions to take in the enforcement of the Governing Documents. The failure of the Board to insist upon the strict performance of any DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 29 of 46 1ADATAWTHPV\11Bntte1s,fonathaMPIzADeclantion 07-01-I0.wpd g of the terms, covenants, conditions or restrictions of the Governing Documents, or to exercise any right or option contained In the Governing Documents, or to serve any notice or to institute any action, shall not be constructed as a waiver or relinquishment for the future of that term, covenant, condition or restriction, but the term, covenant, condition or restriction shall remain in full force and effect. The receipt by the Board of any Assessment from an owner with knowledge of any breach shall not be deemed a waiver of a breach, and no waiver by the Board of any provision of the Governing Documents shall be deemed to have been made unless expressed in writing and signed by the appropriate officers on behalf of the Board. Section Three: Enforcement Procedures. In the event of any violation by an owner or Occupant, the Association and any aggrieved owner shall have all of the rights and remedies which may be provided for in the Governing Documents, or which maybe available at law or in equity. Section Four: Internal Enforcement Procedures. A. Complaint Review Panel, Except as hereinafter provided, the Board, or a committee appointed by the Board, shall serve as the Complaint Review Panel ("Panel") and shall investigate, hear and determine all complaints concerning violations by any owner or Occupant pursuant to procedures set forth in reasonable policies adopted by the Board from time to time. The Panel is authorized to order compliance with the applicable provision(s) of the Governing Documents or a Board Decision. Any member of the Panel who is incapable of impartial, disinterested and objective consideration of a particular complaint/case shall disclose this to the Panel and shall remove himself or herself from participation in the proceedings and have it so recorded in the minutes. B. Informal Dispute Resolution Procedure, The Association and owners intend that an informal process be followed prior to the initiation of a formal hearing process against any party subj eet to the Governing Documents. To that end, any member, employee or agent of the Association has the authority to request that an owner or Occupant of any Lot cease and correct any act or perform any omission which appears to be in violation of the Governing Documents or of any Board Decision. The informal request must be made, in writing, prior to initiation of the formal hearing process, No formal hearing process shall be initiated unless the owner or Occupant against whom the complaint has been lodged has been provided ten (10) days DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 34 of 46 LOATAVARKI1M1Ramis, JomihanlPlnilDe Iaratinn 07-01-10.tivpd g after the informal notice has been given to correct the condition or perform the act which was the subject of the informal notice, Section Five: Judicial Enforcement. Failure to comply with a provision of the Governing Documents, or a decision of the Board or Complaint Review Panel shall be grounds for an action to recover sums due for damages, fines or costs incurred by the Association in connection with the proceedings before the Panel, including reasonable attorneys' fees incurred by the Association. Such action shall be maintainable by the Association (acting through the Board) on behalf of the owners. Such violation shall further be sufficient grounds for the granting of injunctive relief to such an action and a showing of irreparable harm shall not be a prerequisite to issuance of such injunctive relief. Nothing contained in this Declaration shall be deemed or construed as a waiver of the Association's right to bring a judicial action without first exhausting the Association's internal enforcement procedures in cases where the Board deems immediate judicial action to be necessary or appropriate. In the event that the Board fails or refuses, after demand by an aggrieved owner or Occupant, to take appropriate action to enforce compliance with any provision of the Governing Documents or any Board or Panel decision, an aggrieved owner or Occupant on his or her own may maintain an action for damages or injunctive relief against the part failing to comply. In an judicial action to enforce compliance with the Governing Documents, or a decision of the Board or Panel, the prevailing party, including the Association, shall be entitled to recover from the non -prevailing party, whether or not the action proceeds to Judgment, its costs and a reasonable sum for attorneys' fees incurred in connection with the action, in addition to actual costs. Section Six: Enforcement Against Occupants. The occupancy of a Lot by a tenant and every lease shall be subject to the Governing Documents of the Association. By entering into occupancy of a Lot under a lease or rental agreement, a tenant becomes an Occupant of the Lot and agrees to be bound by the Governing Documents. A breach of the Governing Documents by a tenant shall be deemed to be a breach of his or her lease. In the event that a Violation by a tenant or other Occupant, the Board may notify the owner, and the tenant or other Occupant, of the violation and demand that the violation be remedied through the owner's efforts within twenty (20) days after the notice. The owner shall, within five (5) days of such notice, serve upon the tenant or other Occupant in the manner provided by law, a notice to comply or quit the premises. If the Violation is not remedied within the twenty (20) day period, then the owner shall immediately thereafter, at his or her cost and expense, institute and diligently prosecute an unlawful detainer action against the tenant or other Occupant. The unlawful detainer action shall not be compromised or settled without the prior written approval of the Board. If the owner fails to fulfill the foregoing obligation, then the Board shall have the right, but not the duty, to institute and prosecute an unlawful detainer action as attorney-in-fact for the owner and at the owner's sole cost and expense, including all legal fees incurred. The costs and expenses of the action shall be deemed to constitute Assessments secured by a lien on the Lot DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, FASEMENTS & RESTRICTIONS papc 31 of 46 ETATAUMM)W13artela, lonmhaiiTiaMedaralion 07-01-10.wpd p involved as well as the personal obligation of the owner, and collection thereof may be enforced by the Board in the same mariner as any other Assessment, Each and every owner does hereby automatically and irrevocably name, constitute, appoint and confirm the Association as his or her attorney-in-fact for the purposes described in this Section. ARTICLE TWELVE: LIMITATION OF LIABILITY So long as a Director, Officer, Association member, Manager or Declarant, acting on behalf of the Association, has acted in good faith, without willful or intention misconduct, upon a basis of such actual information as is then possessed by such Person, then no such Person shall be personally Iiable to any owner, or to any other Person, including the Association, for any damage, loss, or prejudice suffered or claimed on account of any act, omission, error, or negligence of such Person. ARTICLE THIRTEEN: INDEMNIFICATION Each Officer, Director, Manager, or Association member action on behalf of the Association shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred, except in such cases wherein such Officer, Director, Manager or Association member adjudged guilty of willful misfeasance in the performance of his or her duties; provided, that in the event of a settlement, the indemnification shall apply only when the Association approves such settlement and reimbursement as being for the best interests of the Association. ARTICLE FOURTEEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the common areas are subject to an casement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines, In addition to easements reserved on any plat of the real property or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over a five-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under, and on the common areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage DECLARATION OF PROTECTIVE COVENANT'S, CONDITIONS, EASEMENTS & RESTRICTIONS Page 32 of 46 1ADATAMT1iDMBmte1e, Jona+hnnlPlnADcclaration 07-�I-IO,wpd or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements, The easement area of each Lot and all improvements within it shall be maintained continuously by the owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access, The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any common area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the common areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the owner is required to do but has failed or refused to do; (e) cleaning, maintenance, repair and restoration work, which the Association is obligated to perform under the terms of this Declaration; and (f) all acts necessary to enforce these Covenants, Section Four: Easement for Declarant. Declarant shall have an easement across all common areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the real property. ARTICLE FIFTEEN: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Amendment of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a housing unit on any Lot or the improvement of any Lot. Section Two: Liability Limited, The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortpagees's Rights Durinp? Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the owner of the mortgaged Lot, including but not limited DECLARATION Or PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 33 of 46 1:1AATAIAIHFDV"-,1dn, 7unathanlPlatWD Iaratinn 07-0L-10nrpd g to the right to vote as a Member of the Association to the exclusion of the owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. if it is deemed necessary by the Association, any unpaid assessment against a housing unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or housing unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Fight; Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the common areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any housing unit or any part of the common areas or facilities; (b) any condemnation or eminent domain proceedings involving any housing units or any portion of common areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an owner of any housing unit on which it holds the mortgage which is not cured DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 34 of �6 [ADATMMBHWAWartels. hm1banTIRMeclaralion 07-01-10 "pd g within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the owner of any housing unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE SIXTEEN: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the real property, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE SEVENTEEN: INSURANCE Section One: Coverage, The Association may purchase as a common areas expense and shall have authority to and may obtain insurance for the common areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the common areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. All insurance if required shall meet the specific requirements of any federal mortgage agency regarding qualifications of insurance carriers. Following the Development Period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including owners and Institutional first Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction of the common areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the common areas to as DECLARATION OF PRO'T'ECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS 1:\DATAWIBKMf1 Bands, Joaathan%Nalll]edaralion 07-Ok-10 pd Page 35 of 46 good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the common areas shall require the approval of two-thirds (213) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the common areas. Section Three: Responsibility of Owner. Each Lot Owner (specifically excluding the Condominiums Units created in Lots 1 and 24) shall maintain a policy of property insurance insuring all building and improvements within said Lot and shall be at a minimum and subject to deductible amounts consistent with the Fannie Mae requirements, provided all risk and special cost of loss coverage is in an amount equal to the full replacement cost of said residence shall be provided. In addition, the Association shall be named as an additional insured on said policies so as to provide that in the event of a loss occasioned by casualty insured against those proceeds shall be available to the Association to repair and restore the damaged portion of the building and residence which is covered under said insurance policy. The owner of said building or residence of the Lot upon which is it is located shall have the obligation to rebuilt and restore in the event of fire or other casualty insured against, Section Four: Liability Insurance. The policy of public liability insurance shall insure the Board, the Association, the owners, and the managing agent, and cover all of the common in the Plat with a "severability of interest endorsement" or equivalent coverage which would preclude the insurer from denying the claim of an owner because of the negligent acts of the Association or of another owner, and shall cover liability of the insureds for property damage and bodily injury and death of persons arising out of the operation, maintenance, and use of the common, liability in connection with employment contracts of the Association, host liquor liability, employers' liability (stop gap) insurance, non -owned and hired automobile liability insurance, and such other risks as are customarily covered with respect to projects of similar construction, location and use. The limits of liability shall be in amounts generally required by mortgagees for projects of similar construction, location and use but shall be at least $1,000,000.00 bodily injury and property damage per occurrence and $2,000,000.00 general aggregate. Section Give; Insurance Trustee, Power of Attorney. The additional insured under the policies referred to above which shall be maintained by the owner shall be the Association, as trustee for each of the owners. The insurance proceeds may be made payable to any trustee with which the Association enters into an insurance trust agreement, or any successor trustee, who shall have exclusive authority to negotiate losses under the policies. The proceeds must be disbursed first for the repair of restoration of the damaged property, and Lot owners and lienholders are not entitled to receive payment of any portion of the proceeds unless there is a surplus of proceeds after the property has been completely repaired and restored. Each owner appoints the Association, or any insurance trustee or successor trustee designated by the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 36 of 46 IADA7A0\B1HY,M%E3ar1e1s.JonatNnlPlntD7 Jaradon07-61-10.wpd g Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability, the execution of all documents and the performance of all other acts necessary to accomplish such purposes. In the event the insurance proceeds are insufficient to repair or restore the building in which the residential units are located, then each residential unit owner shall be assessed by the association equally the difference and said residential unit shall pay the same to the Association as a special assessment. ARTICLE EIGHTEEN; DAMAGE OR DESTRUCTION, RECONSTRUCTION Section One: Obligation to Rebuild. If all or any portion of any common areas is damaged, the Association shall repair the same, and any uninsured portion of such cost shall be a common expense. If any residence is damaged or destroyed by fire or other casualty which shall be the duty of the Association to rebuild, repair or reconstruct the residence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty, acting with all reasonable diligence and as soon as reasonably possible. Except as provided by statute, hazard insurance proceeds received by the Board shall be used exclusively for repair, replacement or reconstruction unless the Board and seventy-five (75%) percent of the owners, including the owner of any unit which has been damaged or destroyed have given their prior written approval to another use, Section Two: Liabilitv for Uninsured Amounts. Notwithstanding any other provision of this Declaration, and except to the extent that a lack of insurance results from the negligence or breach of duty to insure the Board: (a) Liability for the amount of damage within the limits of any applicable insurance deductible or otherwise uninsured shall be the responsibility of an individual Owner where the damage results from a negligent or intentional action or omission by an Owner, or that Owner's Tenant, or the family, servants, employees, agents, visitors or licensees of that Owner or Tenant, or from the failure of or failure to maintain any portion of the Unit, including any applicable, equipment, or fixture in a Unit, which that Owner is responsible to maintain in good working order and condition. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. (b) Except as provided in Paragraph (a) above, or where the damage is a result of the sole fault of the Association, the liability for the amount of damage within the limits of any applicable insurance deductible on a policy of insurance issued to the Association shall be the responsibility of an individual Owner where the damage involved is limited solely DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 37 of X16 IADATAWUKD'N�Birlels,Jmathm%Plat1DcclaraNan 07-01-10 ivpd g to damage to that Owner's Unit. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. (c) Except as provided. in Paragraphs(a) and (b) above, or where the damage is a result of the sole fault of the Association, liability for the amount of damage within the limits of any applicable insurance deductible on a policy of insurance issued to the Association shall be pro -rated between the Association and any involved Owners in proportion to the relative amounts of damage to the Common Areas and to each of the affected Units, including the Limited Common Areas assigned to such Unit or Units where the damage involves both the Common Areas and/or one or more Units or the Limited Common Areas assigned to a Unit or Units. The amount to be paid by the Unit Owner shall be a special Assessment allocated that Owner. ARTICLE NINETEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the real property and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE TWENTY: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law, Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 38 of 46 [ADATAIT]1HSi�lialSISarlels, foraihanl 1MDe0ain6on 07-01-10.rvVd g Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE TWENTY-ONE: CONDEMNATION In the event of a partial condemnation of the common areas, the proceeds shall be used to restore the remaining common areas, and any balance remaining shall be distributed to the Association. In the event that the entire common areas is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE TWENTY-TWO: GENERAL PROVISIONS I . Binding Effect. All present and future owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Enforcement by Court Action. The Association, the Declarant, ACC, or any Lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. 3, Enforcement by Self Help. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 39 of 46 f: DATA1� HD5Mt wins, ]ona�hanSPlatU7eclarn�ion 07.0140.wpd Declaration, provided, this provision shall not be construed as a permission to breach the peace, 4, Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending Lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. S. Expenses of Action. The expenses of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a line upon such Lot, enforceable as other liens herein, 6. Owner Objection. Should a Lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees, In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees, For the purposes of this Declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 4. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall rernain in full force and effect. DECLARATION OF PROTECTIVE COVENAN,rs, CONDITIONS, EASEMENTS & RESTRICTIONS Page 40 of 46 1ADA'rAW\B11L 1AflBartels, Jamdian\V1z4\Dec1ara1ion 07-01-10.wapd g 10, Interpretation. In interpreting this Declaration, the terra, "Person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the real property by providing a common plan for the development of Galloway at the Highlands. 11. Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the Lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. 12, Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as of twenty-one (2 1) years after the death of the last surviving incorporator of the Association, or twenty-one (21 ) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later, 13. Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile, 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the owners. ARTICLE TWENTY-THREE: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the Lots have been sold. That all Lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration, DECLARA'T'ION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONSpa e 41 of 46 Ir\DATAMkRHDkNManels,3oaalhan5P1a0Declamtioa07-01-10,pd p Section Three: Certain Rights of Declarant. For such time as the Declarant shall own Lots, there shall be no amendments to the Declaration, Articles of Incorporation, By -Laws, or any rules or regulations of the Association which (a) discriminate or tend to discriminate against Declarant's rights as an owner; (b) amend any provisions of the Declaration, Articles of Incorporation or By -Laws which in any manner alters Declarant's rights or status; (c) alter the character and rights of membership or the rights of the Declarant under this Declaration; (d) alter previously recorded or written agreements with public or quasi -public agencies regarding easements and rights of way; (e) alter its rights relating to architectural controls; (f) alter the basis for assessments; (f) alter the provisions of the use restrictions as set forth in this Declaration; or (g) alter the number or selection of directors as established in the By -Laws. Section four: Prior Apairoval by FHA/HUD. Regardless of whether or not 75% of the Lots have been sold, in the event any loan with respect to any Lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot owners: a) Annexation of additional real property b) Dedication of any real property C) Amendment to this Declaration Section Five: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the owners vote for such amendment, or without such meeting if all owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of common areas; 4. Insurance or fidelity bonds; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, F'.ASEMENTS & RESTRICTIONS Pae 42 of 46 1DATffiMBH0\M%Haab;.Jonuhan\?iat\Dedwation07-DI-10ivpd g 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the real property; 7. The boundaries of any Lot; 8. Leasing of housing units other than as set forth herein; ). Imposition of any restrictions on the right of an owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the legal status of the real property after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees, Section Six: Effective Date. Amendments shall take effect only upon recording with the Pierce County Auditor. Section Seven: Protection of Declarant. For such time as Declarant shall own Lots located in the real property there shall be no amendments to the Declaration, the Articles of Amendment of Incorporation, the By -Laws of the Association, or any rules and regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration relating to architectural controls. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 43 of 46 IDATAV\BFD\M1Ra06e,SomthaMPlat\Dealeratioa07-01-I0.wpd g Alter the basis for assessments, or the Declarant's exemption from certain assessments. 6. Alter the number or selection of Directors as established in the By -Laws. Alter the Declarant's rights as they appear under this Declaration. Section Eight: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Pierce County Assessor's tax records and to the street address of the Lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of , 2010 Galloway at the Highlands I, LLC, a Washington limited liability company By: Jona* n Bartels, Man r STATE OF WASHINGTON A COUNTY OF PIERCE ) On this % day of, 2010, before me, the undersigned, a Notary Public in and for the State of �Washtnggton. duly commissioned and sworn, personally appeared Jonathan Bartels, to rrre known to be Manager of Galloway at the Highlands 1, LLC, the Washington limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the limited liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 44 of 46 I:IDATMABRO61SlBailels, )onW)..\P1at\Dec1ara1ian 07-01-10 ,pd gy WITNESS my hand and official seal hereto affixed the day and year first above written. �— AA A t J A , . , _ A . _ . , . , �rt��i��►►+►►►++ PrintedNathe: •.•``� `ONO,, NOTARY PUBLi i' for ,•�. ��.+ �+ '•, Washington, residing at; # �yQTARY ' »My Commission Expires Z R � PUBI 0.1 % ��r1u�5�af�� •�� t DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 45 of 46 1:WATMMBWAMT skis, 7onn1han1P1�111?ecleraiion 07-01.10 pd g Exhibit "A" Legal Description (PER STEWART TITLE GUARANTY CO. SUBDIVISION GUARANTEE NO.: G -263I- 12471 1 ORD. NO.: 984676, DATED 20 APR. 2010) THE SOUTH 165 FEET OF THE NORTH 495 FEET OF THE EAST' 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE S EAST, W.M., IN DING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT THE WEST 206 FEET THEREOF. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Page 46 of 46 L:1HA7A%D%HD MlBanela, JonathanTlatWedaraLion 07-01-10.wpd S# 729 A TRANSPORTATION MITIGATION FEE Project Name: Galloway at the Highlands Project Address• 343 Union Avenue NE Contact Person: Permit Number: LUA-06-138, U07023 Project Description• Retail, Office, Townhome, Apartments Land Use Type: Method of Calculation: X Residential X ITE Trip Generation Manual, 8t" Edition X Retail ❑ Traffic Study X Non -retail ❑ Other (710) Office 11.01 (814) Retail 44.32 Calculation: (230) Residential Townhome 5.86 (220) Apartment 6.72 Office: 18 ADT Retail: 169 ADT RTH: 129 ADT Apt: 87 ADT 403 ADT C 637 ADT credit from Thift Store No fee owing. Transportation Mitigation Fee: Den is yaw �1 of, �y Y I U g *s Department of Commune an June 28; 20.10 . p Community d Economic Development , Alex Pietsch,Administrator' Michael Bauer REO Services, LLC-. 1002 39th Ave SW, Suite 304 Puyallup, WA 98373 . Dear Mr., Bauer'. SUBJECT: 'GALLOWAY AT THE HIGHLANDS FINAL PLAT LUA 07-1ZBFP NE 3RD PL AND UNION AVE NE ' PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS U070023, U0070169 RSTW 3369 The purpose of this.letter i$ to provide you with additional information on the fees due. Fees: As stated in my letter onJune'18, 2010, the applicant shall pay the Fire. Mitigation Fee, the Transportation Mitigation Fee and'the Parks Mitigation Fee prior to the recording of the final plata Here is the break down. Fire Mitigation --11 at the single family rate of $488 per and 5 at the multi family rate of $388 per. Parks Mitigation -- 25 at $354.51 per. . Traffic Mitigation -- the project had several credits which calculated to $0.00 due. Please note that the above. amounts include all the fees that you.had previously paid under your . building permits. Thus the above figures are only those outstanding. recommend that you bring a copy of this letter when you pay. if you. have any questions, please contact me at 425-430-7298. Thank you for your cooperation. Sincerely, Arneta Henninger Engineering Specialist 'cc: Kayren Kittrick Jan Conklin Renton City Hall • 1055 South Grady Way 0 Renton, Washington 98057 9 rentonwa.gov Arneta J. Henninger From: Mike Bauer [mike@thereoservices.corn] Sent: Wednesday, June 23, 2010 2:51 PM To: Arneta J. Henninger Cc: heatheng@comcast.net,-'Jonathan Bartels' Subject: Galloway Mitigation fees Attachments: Site Map.pdf; Mitigation F'ees.pdf Arneta, Attached is a site map with permit numbers, lot numbers and addresses. We have received copies of issued permits on lots 13-24. Impact and mitigation fees should have already been paid on those lots. Those permit numbers are: CP 07298, CP 07306, CP07307, CP07299, CP07296, CP07304, CP07305, CP07297, CP07379, CP07378, CP07377 and B070401. The other attachment references traffic mitigation fees and that they don't apply to this project. The remaining units that don't have issued permits are on lots 1-12 for a total of 18 units. Park Fee 18 remaining @ $354.51 Fire 18 remaining @ $388 Please advise if this is your understanding. Thank you. Nike Bauer Cell: 425-495-6112 Office: 253-881-3034 QLATUM I ,q; T T $6381 $6984 /l. S�IQ� Oyu Denis Law Mayor June , Michael Bauer REO Services, LLC 100239 th Ave SW, Suite 304 Puyallup, WA 98373 Dear Mr. Bauer: C1� O .W 1 1. /AIM Department of Community and Economic Development Alex Pietsch, Administrator SUBJECT: GALLOWAY AT THE HIGHLANDS FINAL PLAT LUA 07-128FP NE 3R° PL AND UNION AVE NE PLAT COMPLETION AND ACCEPTANCE OF UTILITIES REQUIREMENTS U070023, U0070169 RSTW 3369 The purpose of this letter is to highlight the subject areas in the final plat process and a review of the final plat drawing. All of these items discussed below need to be completed prior to Public Works acceptance of the above -subject project. Please use this letter as a project close-out check list to keep your project moving smoothly through the City procedures. Final Plat Recording Concerns: Under the City of Renton "APPROVALS" block (Sheet 1 of 5) remove "PLANNING/BUILDING/". Retain only "PUBLIC WORKS DEPARTMENT". Include the name of the plat on the lots shown to the south of the subject property on Sheet 5 of 5. Add a legal description to the "Exhibit A" page of the "DECLARATION OF COVENANTS AND RESTRICTIONS FOR THE GALLOWAY AT THE HIGHLANDS HOMEOWNERS' ASSOCIATION" document, if it is not already shown. See the attachment for circled items that need to be corrected on Sheet 2 of 5. See the "SECTION SUBDIVISION" map an Sheet 3 of 5 for a comment. A monument should be placed at the center of the bulb along the street right of way between the west line of the plat and the intersection with the center line of Union Ave NE. A distance is needed along the center line to the radius point from at least one -end. If you have any questions regarding specific comments on the final plat drawing review please contact Bob Mac Onie at 425-430-7369. Construction Concerns: You will want to continue working with the contractor on the punch list items. This includes the punchlist items 1 forwarded from Fire Prev. which are: Project has no street sign, no final paving, no hydrant reflectors, and no street signage/fire lane striping. The appropriate markings on the street: For public streets it would be the "No. Parking — Any Time" signs, white with red letters, 12 x 18 inch size, installed at maximum 50 -foot intervals on all sides of the road in the entire development. These would be on posts mounted 5 to 7 feet maximum above grade. The City Maintenance Division is working on a punch list and I will get that to you as soon as it becomes available. Per City of Renton all improvements shall be installed or deferred by the Board of Public Works with a security deposit in place, prior to recording the plat. Renton CityHall 0 1055 South Grady Way • Renton, Wash ington 98057 • rentonwa.gov Galloway Final Plat Page 2 Fire Prevention Concerns: All roadway and street signage work (including "No Parking") needs to be completed prior to recording as noted above. Planning Comments: Planning has submitted the following two comments. 1)A Homeowner's Association shall be created concurrently with the recording of the Final Plat in order to establish maintenance responsibilities for the landscaped open space tracts. a draft of the documents shall be submitted to the City of Renton Planning Division for review and approval by the City Attorney,) Property Services, and Planning prior to the recording of the Final Plat. 2)The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. I have an additional comment on the HOA -- I need some information from you. I located a copy in the file that the project was sent in to the Secretary of State and did get a Certificate of Incorporation for the HOA. That is taken care of. However, I found two separate documents for the Declaration of Covenants, Easements & Restrictions. Since 1 need to get them reviewed by the City Attorney i need to know which one or did you prepared another one when you took over the project? Please get this information directly to meas soon as possible. Fees: The applicant shall pay the Fire Mitigation Fee, the Transportation Mitigation Fee and the Parks Mitigation Fee prior to the recording of the final plat. . Declaration of Covenants, Conditions, and Restrictions See comment above. General When you resubmit please prepare and email directly to me your response letterto the plat conditions from the Hearing Examiner and the Mitigation measures. Once I receive that email I will start on your report for the City Council. This is also one of the steps required to get to final recording. If you have any questions on the format please call me. The conditions and responses need to be full complete sentences. Please include a neighborhood detail map.and the lot layout (both 8 1/2" X 11") with the next submittal. I need a clean copy to attach to the report to the Council It is a team effort of all of the above City divisions your engineer and your surveyor to get your plat to final plat approval. When you resubmit, submit all plans and documents to my office. If you have any questions, please contact me at 425-430-7298. Thank you for your cooperation. Sincerely, Arneta Henninger Engineering Specialist ec: Kayren Kittrick 1:%ProjectslGALL0WAYFP.docicor Denis Law r City of .Mayor Public Works Department -Gregg Zimmerman, P.E.,Administrator June 8, 2010 Mr. Jonathan Bartels Gallowayat the Highlands. Post Office Box 1204 Puyallup; Washington 98371 RE: Galloway at the Highlands 343 Union Avenue NE Renton, WA 98056 Dear Mr. Bartels:. On June 8, 2010, the. Development Services Director granted your request to defer the installation of the final lift of asphalt, landscaping, mailboxes and monuments until. October 31, 2011. Please note all mailboxes must be installed prior to the final building inspection. of the first unit. These items are deferred based upon the receipt of a check, Assignment of Funds, or Letter or Credit in the amount of $103,702.13, representing 1.50 percent of the estimated cost of the improvements. The security device must be in place with the City prior to recording of the short plat. According to City code, you have 15 days from today's date to appeal the administrative determination. Appeals are to be filed in -writing, with the City Clerk and require a filing fee in the amount of $250.00. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office by calling (425) 430-6510. If you have any questions or need additional information, please contact Jan Illian, Engineering Specialist at (425) 430-7216. Sincerely, .Linda Moschetti Administrative Assistant cc: Nell Watts, development Services Director Jan IIIIan, Plan Reviewer Ameta Henninger, Plan Reviewer Carrie Olson, Engineering Specialist File Renton City Hall • 1055 South Grady Way • Renton, Washington, 9E057 • rentonwa.gov 001 DEPARTMENT OF COMMUNITY City of AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE: June 1, 20100 TO: Sonja Rocale Jan C. CC: Kayren Kittrick FROM: Arneta x7298 i SUBJECT: GALLOWAY AT THE HIGHLANDS FP 07-128 UNION AVE NE & NE 3R° PL 23 LOTS & 4 TRACTS The applicant/surveyor has resubmitted the attached final plat prints. The surveyor has also prepared a response letter to Technical Services along with a title report and closure talcs. Rocale, I did find an approved landscape plan in the white file signed by Elizabeth, if you don't have access to one. Please review and comment. Upon completion please send your comments to me (email preferred) and I will compile them along with my comments in a letter to the applicant. Thank you! i:%nzemo.doc Rentonnet City Clerk Card File I m. jjL=1 Record 1 of 1 Page l of 1 Title: PRELIMINARY PLAT, GALLOWAY AT THE HIGHLANDS I UNION AVE NE 2006 Effective Date: Oct 27, 2006 Date Entered: Apr 4, 2007 by User: LJohnson Last Modified: Jan 13, 2010 by User: sweir Scheduled Destruction Date: Destroyed Date: Narrative: ■ 10/27/2006 -Application for Preliminary Plat, Site Plan and Conditional Use Permit approval, and Environmental (SEPA) Review by Jonathan Kurth, Davis -Kurth Consulting, LLC on behalf of Minh Van Pham and Dan My Du, owners, for a subdivision of a 1.61 acre site for future development of a mixed-use building and townhomes, located at 343 Union Avenue NE, known as the Galloway at the Highlands Preliminary Plat. ■ PID:1623059098 ■ 1/23/2007 - ECR Review: Determination of Non -Significance (Mitigated) ■ 2/20/2007 - Public Hearing ■ 3/8/2007 - Hearing Examiner's Recommendation: Approve with Conditions ■ 4/9/2007 - Council approval Keywords: ■ LUA-06-138 (SEE PP) ■ PP -06-138 ■ SA -06-138 (SEE PP) ■ CU -06-138 (SEE PP) ■ ECF -06-138 (SEE PP) ■ GALLOWAY AT THE HIGHLANDS PRELIMINARY PLAT 2006 ■ UNION AV NE 2006 ■ DAVIS-KURTH CONSULTING LLC 2006 ■ KURTH JONATHAN 2006 ■ PHAM MINH VAN 2006 ■ DU DAN MY 2006 Location: BANK 3 Category: http:l/rentonnet.org/intranctICityClerkDeptICardFilelindex.cfm?fuseaction=showdetail&... 07/26/2010 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes APPLICANT/CONTACT. OWNERS: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Johnathan Kurth Davis -Kurth Consulting 1201 Monster Rd SW, Ste. 320 Renton, WA 98057 Minh Van Pham and Dan My Du Rainier Pacific Development 1618 S Lane Street Seattle, WA 98144 March 8, 2007 DEYF-LOp"- NT R ` NNING CfTy n t; -N-r0N "AR - S 2007 RECEIVED Galloway at the Highlands File No.: LUA 06-138, PP, CU -A, SA -A, ECF 343 Union Avenue NE Approval to subdivide a 1.61 -acre site zoned Commercial Arterial, into individual lots for future development of mixed- use building and townhouses. Development Services Recommendation: Approve subject to conditions The Development Services Report was received by the Examiner on February 13, 2007. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows. MINUTES The following minutes are a summary of the February 20, 2007 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, February 20, 2007, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Zoning Ma Exhibit No. 4: Site Plan Galloway at the Highlands Pri nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 2 The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, I055 S Grady Way, Renton, Washington 98055. The request today is for preliminary plat approval, site plan approval, and conditional use permit. The project was originally submitted without the preliminary plat request, which is why it was assigned to be an administrative site plan approval. The preliminary plat raised it to Hearing Examiner review. The project is located on Union Avenue NE and is about 1.5 acres, which was developed in 1970 with a one- story grocery store and an asphalt parking lot. Subsequent uses to the grocery store included a discount food store and a succession of thrift stores. The site has been the same since its development with the building and the parking. The building is currently vacant. The uses surrounding the property are commercial to the north and east, and multi -family residential to the west and single-family townhomes to the south. There is a new City of Renton park, Heather Downs that is located to the south. The area of the property is zoned Commercial Arterial (CA) with the exception of the park which becomes residential zoning. This property is located within the NE 4th Business District, there are specific limitations related to use and would limit on-site services on the property to Video Stores, Financial and Real Estate Services and Repair Services, excluding any automobile repair. The project was originally submitted as an all residential use, the applicant was requested to re -design to include a mixed-use development on the east end of the property. The project now includes commercial and residential at the east end of the property and two mixed-use buildings on each side of the new street and a stand-alone residential at the back of the property. Townhouses would be built on the west end and apartment style condominiums over the commercial and parking areas. The access to all of the units would be via a new public street that would terminate in a hammerhead at the west end. Approval of the project would result in the subdivision of the property into 22 townhouse lots, 2 lots for the mixed use, 5 open space tracts located at the center of the property on each side of the road and at the ends of the hammerhead, and a new public street coming off Union Avenue NE. The applicant requested and received approval for a 24 -foot wide public street, which was approved as long as curbs were rolled for emergency vehicle accommodation. The 22 -townhouse lots meet zoning requirements, they would be developed into 3 and 4 consecutively attached dwellings in six buildings. Each townhouse unit would have approximately 200 square feet of ground related outdoor space at the rear of the unit. The landscape tracts would provide almost 5000 square feet of open space Exhibit No. 5: Preliminary Plat Map Exhibit No. 6: water feature View of NE 3 Street frontage with Exhibit No. 7: and Union View of commercial space at NAE 3r Exhibit No. 8: Building Cluster Plan Exhibit No. 9: Front Elevations Exhibit No. 10: Right and Left Elevations Exhibit No. 11: Rear Elevation Exhibit No. 12: Aerial Photograph of Area Exhibit No. 13: Colored Rendering The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, I055 S Grady Way, Renton, Washington 98055. The request today is for preliminary plat approval, site plan approval, and conditional use permit. The project was originally submitted without the preliminary plat request, which is why it was assigned to be an administrative site plan approval. The preliminary plat raised it to Hearing Examiner review. The project is located on Union Avenue NE and is about 1.5 acres, which was developed in 1970 with a one- story grocery store and an asphalt parking lot. Subsequent uses to the grocery store included a discount food store and a succession of thrift stores. The site has been the same since its development with the building and the parking. The building is currently vacant. The uses surrounding the property are commercial to the north and east, and multi -family residential to the west and single-family townhomes to the south. There is a new City of Renton park, Heather Downs that is located to the south. The area of the property is zoned Commercial Arterial (CA) with the exception of the park which becomes residential zoning. This property is located within the NE 4th Business District, there are specific limitations related to use and would limit on-site services on the property to Video Stores, Financial and Real Estate Services and Repair Services, excluding any automobile repair. The project was originally submitted as an all residential use, the applicant was requested to re -design to include a mixed-use development on the east end of the property. The project now includes commercial and residential at the east end of the property and two mixed-use buildings on each side of the new street and a stand-alone residential at the back of the property. Townhouses would be built on the west end and apartment style condominiums over the commercial and parking areas. The access to all of the units would be via a new public street that would terminate in a hammerhead at the west end. Approval of the project would result in the subdivision of the property into 22 townhouse lots, 2 lots for the mixed use, 5 open space tracts located at the center of the property on each side of the road and at the ends of the hammerhead, and a new public street coming off Union Avenue NE. The applicant requested and received approval for a 24 -foot wide public street, which was approved as long as curbs were rolled for emergency vehicle accommodation. The 22 -townhouse lots meet zoning requirements, they would be developed into 3 and 4 consecutively attached dwellings in six buildings. Each townhouse unit would have approximately 200 square feet of ground related outdoor space at the rear of the unit. The landscape tracts would provide almost 5000 square feet of open space Galloway at the Highlands Pr inary Plat File No.: LUA-06-138, PP, CU -A, SA -A, 1CF March 8, 2007 Page 3 to the project. The 22 proposed townhouse units would have five different floor plans and be three stories in height, which meets size and height requirements for this zone. The two commercial projects would front on Union Avenue NE and be located in two 3 -story buildings, one on each side north and south of the access street. Parking is located in the hack of each building and is shared with the condominium units. All pervious areas of the site would be landscaped. The Environmental Review Committee issued a Determination of Non -significance — Mitigated for the project, which included six mitigation measures. No appeals of the determination were filed. Fire, Traffic and Park Mitigation fees were imposed on this project. The project is consistent with the Comprehensive Plan criteria for commercial corridor designations. It meets the requirements of the Community Design Element Policies and complies with the underlining Zoning Designation requirements. The density is 31.06 du/ac, which is within the allowed range for the Business District. Parking for the Townhouses would provide more than required by the zoning regulations. Guests will most likely have to park on the driveway aprons or on Union Avenue NE. No parking would be allowed on the new 24 -foot wide street. If the commercial use is daytime only, there should be no parking issues. The commercial/mixed-use is a requirement of the City, the applicant did not originally request it, in fact, questioned the economic feasibility of commercial on what is essentially a dead-end street. In addition there is minimum setback along Union so that there is no opportunity to have parking for a commercial use that is just a "drive up, run in get a latte situation." There will be landscaping, however it has been requested that a homeowner's association be established to be sure that the landscaping is maintained for the common areas and street trees. If trees were damaged for any reason, the homeowner's association would be responsible for replacing them. The site is located within the Renton School District. The School District has indicated that they can accommodate the approximately 16 additional students. Public services can be provided readily, utilities are to the property and will be brought onto the property by the applicant. The proposed townhouses will provide housing to an area that still is seeing a lot of demand. It is located to the rear of a property that is configured in a long narrow manner that would reduce the visibility of commercial uses from Union Avenue NE, it is debatable whether or not the feasibility of the commercial that is actually located on Union Avenue will be sufficient to support the various uses that are allowed. The stand-alone residential at the rear of the property increases the likelihood of economic viability. The newer project that abuts this site to the south is townhomes of basically the same configuration as these, there is no commercial on that property and the property to the west is all residential. The pedestrian connections are required to all abutting properties. There is a possibility for a connection to the west, which is a parking area for the multi -family use, there can be connections to the south although the abutting property is fenced along its north property line. They were not required to have connections. The streets are access easements on private property and again they are fenced at the ends of driveways that access the townhomes. Galloway at the Highlands Pr nary Plat File No.: LUA-06-138, PP, CU-rA, SA -A, ECF March 8, 2007 Page 4 The project is subject to the urban design regulations and must meet the intent of various elements of the regulations. This does meet the intent of site design and street pattern, building location and orientation, building entries that are to be from streets, transition to surrounding development, and a service element location and design which would be private for the townhouses and located in the parking garages for the commercial uses. This project does meet all required minimum standards required. One of the commercial buildings appears to be right along the property line, there does not seem to be room for a service lane in back of either building. There will be a fence between the rear open space and the property line except where the common open space is located. Johnathan Kurth, 1201 Monster Road SW, Ste. 320, Renton, WA 98057 stated that they agree with the planning department, there were some challenges in trying to make a long narrow site work and become economically viable. They have been pleased with the development of a good design. Mike Davis, 1201 Monster Road SW, Ste. 320, Renton, WA 98057 stated that he appreciated the fact that Tracts A and D should possibly be classified as open space. They had the same issues with the Cottages Plat in the same sense that open space was not technically required but they labeled them as such, then it was very hard to get the use changed. They were hoping that they could put something that stated the area as being "non residential". Upon questioning by the Examiner, he stated that they would have preferred this site to be all residential. Kayren K_ ittrick, Development Services stated that all services are there, water, sewer and storm have been handled. This has been scrutinized so far that there have not been any problems. They are tending to go more in favor of public streets rather than private driveways. There is enough activity and the tendency is to go towards public streets so the City has more control. If it is a private road, the Renton Police do not have the jurisdiction or authority to go in and support no parking rules. Fire and Maintenance have been concerned about that. Darrell Offe, 13932 SE 1591h Place, Renton, WA 98058 stated that he wanted to try to answer the question regarding back of house services for the buildings to the north. Exhibits 4 and 5 show the survey of the actual edge of buildings to the northwest and northeast on the property line. The buildings are within feet of the property line. The building on the east comes in on the upper part and that you can see on the cover sheet of the Staff Report. There are no back of house services to the building on Union. On the building that comes off of 4th, this is basically a strip mall of food services, little shops and there is a circle parking lot coming in off of 4" with no access to Union or into the subject property here today. There is no activity occurring at the back of these buildings, all activity is to the front of the buildings. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:56 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I _ The applicant, Johnathan Kurth, filed a request for a series of approvals for a mixed-use complex. The approvals sought are for a Preliminary Plat, Conditional Use and Site Plan. Galloway at the Highlands Pri. nary Plat Pile No.; LUA-06-138, PP, CU -A, SA -A, FCF March 8, 2007 Page 5 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #l. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter_ The subject site is located at 343 Union Avenue NE. The subject site is located on the west side of Union Avenue a few parcels south of NE 4th Street. 6. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of Commercial Corridor uses, but does not mandate such development without consideration of other policies of the Plan. The subject site is currently zoned CA (Commercial Arterial). 8. The subject site was annexed to the City with the adoption of Ordinance 2249 enacted in June 1966. 9. The subject site is approximately 1.61 acres or 69,959 square feet. The rectangular parcel is 165 feet wide (north to south) along Union and 424 feet deep. 10. The site is flat. It contains no critical or sensitive areas and no significant trees. 11. A vacant, 17,640 square foot building and surrounding parking lot are located on the subject site. It had been used as a grocery store and thrift shop at one time. 12. The applicant proposes developing a mixed-use complex consisting of freestanding attached townhomes and condominium units over retail or commercial spaces. The buildings would flank an east -west street that runs through the center of the site. The building facades would more or less mirror each other across the new roadway. There would be two buildings located along Union with one north and one south of the new street. These two buildings would contain commercial spaces on the ground floor at Union and seven (7) condominiums above the commercial spaces and three townhomes west of the commercial/condommium section. Interior parking would be located between the mixed-use component and the townhomes. To the rear or west of those buildings would be six buildings, with three north and three south of the new street. These buildings would be townhomes in 3 -attached and 4 - attached arrangements. 13. The applicant proposes dividing the subject site into 24 lots and 5 tracts. Twelve lots would be located along the north side of the new access road and twelve lots would be located on the south side of the roadway. One tract would be a decorative, circular, traffic island in the center of the road about halfway in from Union Avenue_ Two open space tracts would be located north and south of the traffic island. Two additional open space tracts would be located at the extreme northwest and southwest corners of the plat, adjacent to what will be a hammerhead turnaround. 14. Twenty-two (22) lots for townhomes will range in size from 1,275 square feet to 1,477 square feet. The townhomes would be three stories and contain a variety of floor plans ranging in size from 2,017 square feet to 2,125 square feet. They would each have 200 square feet of outdoor space at the rear of each building. They would each also contain garages. Galloway at the Highlands Prg nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 6 15. The corner lots, the ones containing the mixed-use commercial and residential uses, would be 8,220 square feet (north of the street) and 8,270 square feet (south of the street). Fourteen units or seven in each corner building will consist of two and three bedroom condominiums that would be located above the corner commercial uses. There would be shared parking for the residential and commercial uses located to the rear (west) of the ground floor commercial uses. 16. As noted above, the buildings on the north will generally mirror the buildings on the south side of the street. Running east to west, on each side of the street the commercial building will be attached to a triplex of townhomes. Then there will be open space (north and south of the traffic circle) followed by a fourplex of townhomes, a narrow yard and another fourplex of townhomes. The buildings will vary in height but all buildings will be 3 -stories high with peaked roof and gable treatments. There will be modulation and entrance porches and decks along the facades. The commercial facades will be located along the street frontage. 17. Access to the site will be from a new east to west roadway. A modification has been granted to allow the access road to be 24 feet wide and have rolled curbs. The rolled curbs are intended to allow emergency vehicles to maneuver in and around the traffic island or temporarily stopped vehicles. The road will end in a hammerhead turnaround. Curbs and 6 -foot wide sidewalks with tree grates would be located in easements in the front yard of each lot. The roadway could be extended to the west depending on development proposals west of the subject site. 18. The proposed layout of this mixed-use complex makes use of various exceptions, district overlays and conditional use permit approvals. Apartments, whether rental or condominium ownership are permitted in mixed use buildings when the ground floor commercial space is at least 30 feet deep. A Conditional Use Permit is required for standalone townhome units constructed in the commercial corridor along Union Avenue if they do not contain commercial space. A Conditional Use Permit showing that they meet that permit's criteria is required. The District Overlay for NE 4th Street requires certain design features including modulation and facade treatment. While the CA zone permits a wide range of commercial uses, the NE 4th Street Business District overlay restricts uses to things such as entertainment rental, financial and real estate services and small-scale repair businesses but not automobile repair. 19. The density for the NE 4th Street Business District and the CA zone permits a minimum density of 10 units per acre to a maximum of 60 units per acre when in a mixed-use project. This development would be 31.06 dwelling units per acre after subtracting approximately 19,471 square feet for roadways. The density is calculated for the number of dwelling units (36) and not the number of proposed lots (24). 20. The subject site is located within the Renton School District. The project is expected to generate approximately 16 school age children. These students would be spread across the grades and would be assigned on a space available basis. 21. The development will generate increased traffic over the current vacant property. 22. The existing lot has more open space but will have less impermeable area after redevelopment. An analysis found that the proposal is exempt from detention and water quality treatment. 23 Sewer and domestic water will be provided by the City and services are available along Union Avenue. These services will have to be extended into the project site. Galloway at the Highlands Pr nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 7 CONCLUSIONS: Preliminary Plat The proposed Preliminary Plat appears to serve the public use and interest. The proposed plat will permit a mix of uses on a commercially zoned parcel. The plat would divide the subject site to allow individual ownership of smaller townhome lots on the interior of the site while creating two larger lots for mixed-use commercial and residential uses along Union Avenue NE. This division will meet the goals and policies of the comprehensive plan for commercial and urban mixed-use developments along and adjacent to NE 4th Street. 2. The plat will provide an opportunity to own homes with individually owned ground floor open space but smaller, limited yards for those who do not want large yards and extensive maintenance responsibilities. The larger lots will provide both commercial services immediately adjacent to the residential component, hopefully providing needed urban services that reduce the need for extra vehicle trips, and residential condominium ownership opportunities, again, providing ownership opportunities rather than rental opportunities for housing. The redevelopment of this underutilized site will add to the tax base of the City. The ERC imposed mitigation fees to help offset the impacts of this additional development on existing City services. The additional impacts such as noise and traffic were anticipated when the property was designated for commercial and potential mixed use in the comprehensive plan and when zoning was applied allowing such uses. 4. The lots are rectangular and will be served by a public street. The plat provides open space components providing breaks in the building facades and relief from buildings that are otherwise very close to the street. The plat appears to have reasonable access for residents and a hammerhead turnaround for emergency vehicles. The traffic circle provides an element of additional visual interest as well as providing a limitation to excessive speed on a narrow roadway. There are suitable facilities to serve the site with water and sewer utilities. Conditional Use Permit 6. Normally, residential buildings located along Union Avenue in the NE 4th District must be attached to or included within buildings containing a commercial component. "Standalone" residential buildings may be permitted by conditional use permit along Union Avenue NE. The intent is to make sure that residential uses do not displace the favored commercial uses in the CA zone. In this case, the applicant and staff agree that the lack of commercial exposure for portions of the lot interior to Union Avenue would be unsuitable for commercial use. 7. The applicant for a Conditional Use Permit must demonstrate that the use is in the public interest, will not impair the health, safety or welfare of the general public and is in compliance with the criteria found in Section 4-31-36 (C), which provides in part that: The proposal generally conforms to the Comprehensive Plan; b. There is a general community need for the proposed use at the proposed location; There will be no undue impacts on adjacent property; Galloway at the Highlands Pr+ nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 8 d. The proposed use is compatible in scale with the adjacent residential uses, if any; C. Parking, unless otherwise permitted, will not occur in the required yards; f. Traffic and pedestrian circulation will be safe and adequate for the proposed project; g. Noise, light and glare will not cause an adverse affect on neighboring property; h. Landscaping shall be sufficient to buffer the use from rights-of-way and neighboring property where appropriate; and i. Adequate public services are available to serve the proposal. The requested conditional use appears justified. The mixed-use project appears to comply with the goals and policies of the Commercial Corridor designation in the comprehensive plan. The proposal will contain commercial uses along Union but develop them in conjunction with both attached residential uses above and west of the commercial uses. The interior of the site of this narrow site was considered unsuitable for additional commercial uses and urban goals suggest a mix of commercial and residential uses to provide convenience for the residents and a built-in clientele for the commercial uses. 9. The CA zoning permits residential uses in consort with commercial uses and permits standalone residential units in the CA zone. The proposed townhomes appear suitable and are permitted by the underlying zoning. 10. The applicant has described a demand for this type of housing and the City's policies appear to support such uses. The site is somewhat removed from the heavily traveled NE 4th corridor and Union itself is not a through street, limiting the passersby on that street. 11. There are a variety of uses adjacent to the subject site. The proposal will provide a transition between the higher intensity commercial uses along NE 4th and the single-family and other residential uses adjacent to the site. The buildings are scaled similarly to single-family uses and commercial uses could actually be taller in some cases. The modulations in facades and rooflines as well as the setbacks provided by the included rear yard open space would also aid in the transition between commercial, larger buildings and these residential uses and the less intense nearby residential uses. 12. Parking will be contained in individual garages as well as common garages and will not encroach into yard space. The narrow street will not support parking and will be kept clear for general and emergency access. Sidewalks will separate pedestrians from vehicles. 13. Aside from the short-lived construction noise, there will be the normal hubbub associated with residential development and low -scale, low intensity commercial uses. There will be additional traffic but local streets should be able to handle the additional load and the applicant will be contributing mitigation fees to help offset some traffic impacts. 14. The project appears to be well landscaped and Code requires compliance with certain criteria making sure that the proposal will fit in with the community. Galloway at the Ilighiands Pr inary Plat File No.. LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 9 15. As noted, the site is served by City infrastructure for water and sewer service. 16. In addition, Section 4-9-030(x) provides additional criteria for standalone uses. These criteria in summary contain the following guidance: Stand-alone residential use may not be located within 150 feet of an adjacent or abutting arterial street. This includes Sunset Boulevard, Duvall Avenue, Anacortes Avenue, or Union Avenue in the Sunset Business District; NE 4h Street, Union Avenue, or Duvall Avenue in the NE 4th Street Business District; and Puget Drive or South Benson Road in the Puget Drive Business District, as shown on the Business District Maps in RMC 4-3-040. A mix of commercial, service, and residential uses exist within a 150 -foot radius of the proposed residential use. Commercial use of the property is not feasible for reasons including, but not limited to: lack of commercial frontage, lack of access, critical areas and/or critical area buffers, or property configuration. Residential use will augment the primary purpose of the commercial arterial zone by adding a pedestrian oriented land use that provides a physical connection between residential and commercial uses. The use provides a transition between commercial and lower density R-10 and R-8 zoned areas and provides a visual, pedestrian, and vehicular connection from the residential zoned areas to the Commercial Arterial zoned areas. Development standards from RMC 4-3-04OF ["Development Standards for Uses Located Within the Northeast Fourth Street... Business District"] are met unless the applicant opts for a planned urban development, subject to RMC 4-9-150. Pedestrian connection standards from this section must be met without modification. 17. The standalone uses are approximately 230 feet from Union and fall outside of the 150 -foot prohibited area. This allows commercial uses to be located along Union while the less exposed internal portion of the site will be providing housing. There are commercial uses within 150 feet of the proposed residential uses. As noted, the applicant did not believe commercial uses would be viable in this location and cited the failed prior uses of the site, the lack of commercial exposure and the limited traffic along Union south of NE 4's Street. The applicant did, although reluctantly, add commercial uses along Union. The residents could prove to be customers of the commercial uses at the site and along NE 4ffi, north of the site. The residential uses do provide a reasonable transition between more intense commercial uses and the arterial traffic carried along NE 4`h and the less intense residential uses south of the site. Abrupt transitions between commercial uses and single family residential uses do not always prove popular due to noise and other nuisance issues. Site Plan 18. In addition to the proposed plat and the fact that the proposed use requires a Conditional Use Permit the subject site is also subject to Site Plan Review although in some cases the criteria mirror some of those already considered in the other reviews. The site plan ordinance provides a number of specific criteria for reviewing a site plan. Those criteria are generally represented in part by the following enumeration: a. Conformance with the Comprehensive Plan; b. Conformance with the Building and Zoning Codes; Mitigation of impacts on surrounding properties and uses; Galloway at the Highlands Pry nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 10 d. Mitigation of the impacts of the proposal on the subject site itself; e. Conservation of property values; £ Provision for safe and efficient vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Adequacy of public services to accommodate the proposed use; The proposed use satisfies these and other particulars of the ordinance. 19. The proposal conforms to both the goals and policies of the comprehensive plan as well as the CA Zoning regulations. The mixed-use commercial component as well as the interior townhomes are permitted since the buildings feature the appropriate design features and are appropriately located in juxtaposition to Union and NE 4th Street and its other commercial uses. 20. The buildings are appropriately scaled for the CA zone and for their locations on the subject site. The commercial components comply with the 50 -foot height limits while the residential buildings comply with the 35 -foot height limits imposed in the CA zone. 21. The proposal contains buildings that close on the street but contain modulations and design features such as peaked roofs, decks and porches that provide visual interest. There is open space included in the lots as well as common open space near the center of the project as well as open space near the end of the roadway. There should be sufficient Iight and air although the narrow street will be somewhat limiting. 22. The confined nature of the project on a narrow lot should not adversely affect neighboring properties. There will be rear yard setbacks created by the open space providing separation from adjacent uses. 23. The road and sidewalks provide reasonable circulation for residents both in vehicles and on foot. Emergency access has been accommodated on the narrow street with rolled curbs and the hammerhead turnaround. Pedestrian connections to adjacent property are limited by existing development patterns in those areas. Code limits parking to 1.75 stalls per unit while the applicant has proposed 1.78 stalls. The additional parking is anticipated to provide shared parking for the residential units and the commercial units in the two mixed use commercial -residential buildings and due to the fact that on -street parking will be limited due to the narrow street. 24. As noted, the site is served by City utilities, which are available along Union. They would be extended into the new street to serve the properties interior to Union. District B Urban Center Design Criteria 25. Again, many of these criteria mirror those already reviewed but there are some specific criteria. In summary, the criteria are: Galloway at the Highlands Pr inary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page I 1 I . create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses; maintain existing grid street pattern. 2. provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street; orient Buildings to the street with clear connections to the sidewalk. 3. ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district; primary entrance of each building shall be located on the fagade facing a street. 4. redevelopment projects respect the character and value of Renton's long-established, existing neighborhoods are preserved; achieve a compatible transition where new buildings differ from surrounding development 5. reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. 6, incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided 7. maintain a contiguous, uninterrupted sidewalk by minimizing, consolidating and/or eliminating vehicular access off streets within pedestrian environments and/or designated pedestrian - oriented streets; parking lots and garages shall he accessed from alleys when available. 8. have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 9. landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community; street trees are required and shall be between the curb and buildings. 10. recreation areas and common open space be provided; equal to 150 square feet per unit of which 100 square feet are contiguous. Such space may include porches, balconies, yards, and decks. 11, ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting; facades shall include modulation or articulation; untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited; use materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. 26. The proposal would provide a new right-angle street intersecting Union but due to existing development currently there would be no continuation of a street grid pattern. The new street could be continued west at some point in the future. Similarly, constraints on the site prevent the use of alleys. The lot is too narrow to provide alleys and even the main street has been reduced in width due to that constraint. Pedestrians will be accommodated on sidewalks and parking will occur in garages and not in front of either the residential or commercial buildings. Pedestrians will be able to circulate within the complex, to the proposal's commercial spaces and to the NE 4th Street corridor. 27. Landscaping and building design features will be used to reduce the apparent bulk of the buildings and avoid a "looming" affect over the streetscape. Landscaping will be provided along the street and in the open space areas. The complex provides a mix of public and private open spaces. Open space areas will provide recreational opportunities as well as providing landscape relief. The buildings have porches and other articulations and modulations as well as varied rooftines to improve appearance. The exterior treatment will provide definition and the facades of opposing units will mirror one another providing some symmetry coupled with the articulation and modulation differences. Galloway at the Highlands Prk, nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, ECF March 8, 2007 Page 12 28. In conclusion, the proposal is modest in size but contains a number of complex elements including commercial spaces, shared parking, condominium and townhome ownership opportunities, narrow streets, open space and traffic island. The project should appeal to those seeking urban living and residential ownership. RECOMMENDATION AND DECISIONS: The City Council should approve the Preliminary Plat and this office approves the Site Plan and Conditional Use Permits subject to the following conditions: 1. The applicant shall comply with all requirements of the Determination of Non -Significance - Mitigated that was issued by the Environmental Review Committee on January 23, 2007. 2. Demolition permit shall be obtained and all inspections completed on the demolition of the existing building prior to Final Plat approval. A Homeowners' Association shall be created concurrently with the recording of the Final Plat in order to establish maintenance responsibilities for the landscaped open space tracts. A draft of the document(s) shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property Services section prior to the recording of the Final Plat. 4. A landscape plan shall be submitted, meeting the standards of RMC 44-070, "Landscaping." Approval by the Development Services Department of a conceptual landscape plan shall be a condition of Site Plan Review. Submittal of a final landscape plan shall be required prior to Final Plat approval. The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. ORDERED THIS 8th day of March 2007, TRANSMITTED THIS 8`h day of March 2007 to the parties of record: Elizabeth Higgins 1055 S Grady Way Renton, WA 98055 Johnathan Kurth 1201 Monster Road SW, Ste. 320 Renton, WA 98057 Darrell Offe 13932 SE 159th Place Renton, WA 98058 Kayren Kittrick Mike Davis Don Maletta 1055 S Grady Way 1201 Monster Road SW, Ste. 320 345 Union Avenue NE Renton, WA 98055 Renton, WA 98057 Renton, WA 98059 FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 8`h day of March 2007 to the parties of record: Elizabeth Higgins 1055 S Grady Way Renton, WA 98055 Johnathan Kurth 1201 Monster Road SW, Ste. 320 Renton, WA 98057 Darrell Offe 13932 SE 159th Place Renton, WA 98058 Kayren Kittrick Mike Davis Don Maletta 1055 S Grady Way 1201 Monster Road SW, Ste. 320 345 Union Avenue NE Renton, WA 98055 Renton, WA 98057 Renton, WA 98059 Galloway at the Highlands Pre nary Plat File No.: LUA-06-138, PP, CU -A, SA -A, FCF March 8, 2007 Page 13 Pham Ming Van & Dan My Du Stephen Northcraft 1618 S Lane Street 4209 SE P Place Seattle, WA 98144 Renton, WA 98059 TRANSMITTED THIS 8t` day of March 2007 to the following: Mayor Kathy Keolker Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietseh, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services King County Journal Larry Rude, Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section 100Gof the City's Code, request for reconsideration must be filed in writing on or before 5:00 .m. March 22 2007. Any aggrieved person feeling that the decision of the Examiner is ambiguous or 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 a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered 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, Chapter 8, Section 110, 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. An anneal must be filed in writing on or before 5:00 p.m., March 22, 2007^ If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required -prior to approval by Ci Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private ane -on -ane) communications may occur concerning pending 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 public communication 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. a� l- �i C E5 - 9 TZ3N RSE E 1/2 CACA 4th. St. .� .th St. CAC A CA CA CA R-8 CA CA R-10 a - CA R -10(P) R — 8 NE 2nd Si. R 1.0 CD . - IL(P).. RMH z RMH � RA y z `"� R=8 • _.. _ - H R-�f0 .RMH- 7 ......... --� R-8 RMH RC(P) CN '= 4 " RUP) ,. r 1 G5 - 21 T23N RSE E 1/2 ZONING ---- Ri� city faaw EXHIBIT IM7W aVul"# 'SAI, SUVicm 16 T23N R5E __ 3 =;. y« a.l CoranO2d J -HIV I.SH-"IVH-d-x,LXnx-STAV(I jib IE M !.x,11 ,i #1 J� a�lrr�azrd r+ot�� x�vtf �.� ' ��`i "�y qty ii Ia 1 v.LvO 173[-O'aw JNc`1d X115 .�LlvNw4rlgNd _ �' 6 i�� S EE t�` �j]•7pJ Y P4 Q _ L ('3'S 'AAV (INZ£L) *�W N -3AV NOIN(1 q �S "J!�7 s �{ 3N I,arro�vi i 1 ' o 1 .I * n , F 1 , 1 co L I 1 , o a 1 I , � � 1 , 1 I I ly i I , I 1 I om on m 1'� ll11 li9L�l11 No x 3- COMPLIANCE WITH ERC MITIGATION MEASURES Based on an analysis of probable impacts from the proposal, the Environmental Review Committee (ERC) issued the following mitigation measures with the Determination of Non -Significance — Mitigated: 1. The applicant shall be required to comply with the recommendations included in the geotechnical report, "Geotechnical Engineering Study, Proposed Highlands Square Townhome Development, 343 Union Avenue Southeast [sic], Renton, Washington," dated September 27, 2006, as prepared by Earth Solutions NW, LLC. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume 11 of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. 3. A Transportation Mitigation Fee shall be assessed if the site plan indicates a net increase in average weekday peak hour trips generated from the project. The fee is $75.00 per trip and shall be paid prior to recording the Final Plat. 4. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi -family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees shall be assessed for the residential units prior to recording the Final Plat and for the commercial buildings prior to obtaining building permits. 5. All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers) prior to final inspection. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $354-51 per new multi -family unit prior to obtaining building permits. N�t d A'1'h,` tate of a i,on9t • �C pp ` cid, °fipN�, Secretary Of ,Mate ON Q cr-2 6 200 IVB Y, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to GALLOWAY AT THE HIGHLANDS HOMEOWNERS ASSOCIATION aian WA Non -Profit Corporation. Charter documents are el'lective ofl the date indicated below. Date: 10/4/2007 UBI Number: 602-768-798 APPID: <<AppiDlnternal» Given under Illy hand and the Seal of the; State of Washington at Olympia, the State Clipital Sam Reed, Secretary of State State of Washington Secretary of State CORPORATIONS DIVISION .lames M. Dolliver Building 801 Capitol Way South Po Box 40234 Olympia WA 98504-0234 360.753.7115 Application for NonProfit Corporation Application ID 970969 Tracking ID 1376946 Validation ID I ] 47268-001 Date Submitted for Filing: 10/4/2007 FILED SECRETARY OF STATE SAM REED 1010412007 STATE OF WASHINGTON ubi 602 768 798 Office Information Contact Information Contact Name Mike. Davis Contact ,address 1201 Mnnsicr Incl '�-,W #320 Reooli WA 98057 Contact Email miked(c�davis-kurth.com Contact Phone 425-228-5959 Articles of Incorporation Preferred Name GALLOWAY AT THE HIGHLANDS HOMEOWNERS ASSOCIATION Purpose Provide maintenance and preservation of the common areas of the subdivision I as Galloway at the Highlands. Duration Perpetual Incorporation Date Effective Upon Filing by the Secretary of State Expiration Date 10/31/2008 Distribution of Assets Will be divided equally between all members of the organization, the Galloway Highlands Homeowners Association Registered Agent Information Agent is Individual Agent Name Mike Davis Agent Street Address 1201 Monster Rd SW #320 Renton WA 98057 Agent Mailing Address Same as Street Address Agent Email Address miked(a)davis-kurth.com Submitter/Agent Submitter is Registered Agent Relationship Initial Directors Information Director 41 Director Name Mike Davis Title Director Director Address 27062 10th Ave S Des Moines WA 98198 1 ncorpon,itors In format)(M Incorporator#1 Incorporator Nance Mike Davis Incorporator Address 1201 Monster Rd SW #320 Renton WA 98057 Signature Information Signed By Mike Davis 7 Kathy Keolker, Mayor October 12, 2007 Jonathan M. Harkovich Davis & Kurth 1201 Monster Road 4320 Renton, WA 98057 CIT7WbF REN -FON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Galloway at the Highlands Preliminary Plat LUA06-138, PP, SA -H, ECF - Modifications / Clarifications Dear Mr. Markovich: The letter is sent to verify that certain modifications of Renton Municipal Code have been approved for the above -referenced project. Specifically, these include modifications of RMC 4-6-050F, "Public Street and Sidewalk Design Standards" and RMC 4-7-150E, "Street Pattern." In addition, due to the fact that this project is the first to occur utilizing the Bonus Density offered for mixed-use development in the NE 4t1' Corridor Business District, interpretation ol"certain sections of RMC 4-2-120A, "Development Standards for Commercial Zoning Designations and RMC 4-3-040F, "Development Standards for Uses Located within the Northeast Fourth Street ... Business District(s)" are necessary. RMC 4-6-050F, "Public Street and Sidewalk Design Standards" Due to the narrow configuration of the undivided property, a modification of the standard pavement width fora public street (32 feet) was approved by the Fire Prevention Fureaii and Director of Development Services. This results in a public street having a pavement width of 24 feet. There would be no on -street parking within the project. Two parking spaces per unit would be provided, rather than the required 1.75 spaces per unit and additional off-street spaces for guest parking would be provided. The plan, with the modification, was approved by the Hearing Examiner with the following condition: All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers). 1055 South Grady Way - Renton, Washington 98057 MThk nano+Mnlninc Snl! -tam mm—i-i AM 0 firm ci r RENTON AHEAD OF THE CURVE tonathan M. Barkovicn October 12, 2007 Page 2 of 3 In addition, a landscaped traffic circle, with a water feature, was approved by the Fire Prevention Bureau with the requirement that rolled curbs that would be "mountable" by emergency vehicles would be provided and adjacent open space remain undeveloped. The plan, with the traffic circle, was approved by the Hearing Examiner with the following condition: The areas labeled as open space shall not be used for residential development and covenants shall be required stating this.limitation. RMC 4-7-150E, "Street Pattern" Linkages are required (RMC 4-7-150E2) between neighborhoods, including pedestrian walkways. Opportunities for pedestrian connections have been provided to the north, west, and south of the Galloway project (it abuts a'public street to the east). The project to the south, however, did not allow for linkage to the north, to the Galloway site, and a fence was constructed along the joint property line. In addition, access from the existing residential development, terminating at the fence, is by access easements across lots, and is not dedicated as public rights-of-way. Therefore, there will not be connection to the residential subdivision on the south. Alleys are preferred (RMC 4-7-150E5) and if not feasible, a determination must be made to that effect. Again, due to the long, narrow configuration of the undivided parcel, alleys would only be single -loaded with one side abutting the north and south property limes. This would have resulted in paved roadways on both sides of the residential units (side yards are limited due to the structures being attached), reduced the usable open space per unit, and resulted in smaller living units in favor of unnecessary paving. For these reasons, alleys were deemed not feasible. RMC 4-3-120A, "Development Standards for Commercial Zoning Designations Density: A pr-oj ect iii the NE 4`r Corridor Business District, without mixed-use, would have a maximum residential density of 20 units per acre. A project with mixed commercial and residential use in the same building is eligible for a bonus density of 60 dwelling units per acre. The development standards table RMC 4-3-120A, however, does not speak to maximum density allowed for projects within the NE 4th Corridor that have both mixed-use buildings with commercial on the ground floor with residential use on upper stories and townhouse units. The maximum density for the Commercial Neighborhood zone is expressed as density per structure. The maximum densities for the Center Village and Commercial Arterial zones are both expressed as density per acre. The interpretation was made that, if the bonus density was only applicable to the mixed-use building, and not the remainder of Jonathan M. Harkovicn October 12, 2007 Page 3 of 3 the project, it would have been expressed in terms of units per structure, as was done with the Commercial Neighborhood zone, and not units per acre. Therefore, the project, with an overall density of 31.06 du/a was deemed to be below the maximum allowable density of.60 du/a. RMC 4-9-030K, "Special Decision Criteria for Stand Alone Residential Uses in the NE 4Ih... Business District(s)" The Special Decision Criteria prohibits "stand alone residential" within 150 feet of Union Ave NE in the NE 4`h Street Corridor Business District (RMC 4-9-030K1). The proposed project has stand alone residential (townhouses) within '139 feet of the west pavement edge of the Union Ave NE. This is 11 feet closer to Union Ave NE than allowed by the Special Decision Criteria. There being no reason given in the code for requiring "150 feet' of the frontage of parcels that would typically consist of various land areas in a multitude of configurations, a determination was made that the intent of the code requirement was met by the project. This decision was based on the fact that the mixed-use building occupied one-third of the total land area (32.55 percent), provided more than the minimum amount of commercial area (35 foot depth provided), provided 3 levels of multi -family residential above the ground floor, and met the parking requirements for the commercial and associated residential uses within the 138 feet of the mixed-use area o f the project_ No modification of the requirement for pedestrian connections was granted (RMC 4-9- 030K6), although such connections cannot be made to the south (see above). Please contact Elizabeth Higgins at (425) 430-7382 if you have any questions. Sincerely, !U �� Neil Watts, Director Development Services Division cc: file + R + -.,7),' IN Kathy Keolker, Mayor December 3, 2007 Jonathan Harkovich Davis & Kurth 1201 Monster Road SW #320 Renton, WA 98057 CIT OF RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Subject: Galloway at the Highlands Final Plat LUA07-128, FP Dear Mr. Harkovich: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 434-7304 if you have any questions. Sincerely, Michael Dotson Project Manager cc: Pham Property, LLC / Owner (:� 31 �1DI� 1055 South Grady Way -Renton, Washington 98057 R E Lr T O lr E CURVE AHEAD QE TH This peper conans 500/. recycled maeal, 30h postconsumer -e City of Renton LAND USE PERMIT �Y G1TY OF RSWOo ,hIrSG gCj 2 6 2097 MASTER APPLICATION FECENEO PROPERTY OWNER(S) NAME: Pham Property, LLC ADDRESS: 1201 Monster Rd. SW ste. 320 CITY: Renton ZIP: 95057 TELEPHONE NUMBER: 425.228.5959 APPLICANT (if other than owner) NAME: Jonathan M. Harkovich COMPANY (if applicable): Davis & Kurth ADDRESS: 1201 Monster Rd. SW Ste. 329 CITY: Renton ZIP:98057 TELEPHONE NUMBER O 253.315.3170 (0) 425.264.1964 CONTACT PERSON NAME: Jonathan M. Harkovich COMPANY (if applicable): Davis & Kurth ADDRESS: 1291 Monster Rd. SW Ste. 320 CITY: Renton ZIP:98057 Q:web/pw/devserv/forms/planning/masterapp.doe TELEPHONE NUMBER AND E-MAIL ADDRESS: 0253.315.3170; jonathanh@davis-kurth.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Galloway at the Highlands bAlte PROJECTIADDRESS(S)/LOCATION AND ZIP CODE: 343 Union Ave. N. E. Renton, WA cj�?!�5 n KING COUNTY ASSESSOR'S ACCOUNT `� NUM BER(S):1623059098 EXISTING LAND USE(S): Speciality Retail- Building was demolished on 7.11-7.17 2007 PROPOSED LAND USE(S): Preliminary Plat EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Commercial Corridor PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A EXISTING ZONING: CA) Commercial Arterial PROPOSED ZONING (if applicable): Townhome/Retail/Condos SITE AREA (in square feet): 69,960 sq. ft. SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 'r ( (, SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: N/A PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable):-24vrrifapor wre Oji , f 1 NUMBER OF PROPOSED LOTS (if applicable):. 3�,, NUMBER OF NEW DWELLING UNITS (if applicable) 09126.107 P JECT INFORNIAT NUMBER OF EXISTING DWELLING UNITS (if applicable): NIA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): 72,368 sq. ft_ (total all levels) SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 24,148 sq. ft. (2 buildings) SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NIA ION (cont ed PROJECT VALUE: 10 Million IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): ❑ AQUIFER PROTECTION AREA ONE NIA ❑ AQUIFER PROTECTION AREA TWO NIA ❑ FLOOD HAZARD AREA NIA sq. ft. ❑ GEOLOGIC HAZARD NIA sq. ft. ❑ HABITAT CONSERVATION NIA sq. ft_ ❑ SHORELINE STREAMS AND LAKES NIA sq_ ft. ❑ WETLANDS NIA sq_ ft_ LEGAL DESCRIPTION OF PROPERTY I (Attach legal description on separate sheet with the following information included) SITUATE IN THE ME QUARTER OF SECTION 16, TOWNSHIP 23, RANGE 5, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: f 1. C` 2. elite raa iy Plat A':4 (- .� 2. 3. Staff will calculate applicable fees and postage: $ 000--, I AFFIDAVIT OF OWNERSHIP I I, (Print NameJs)Nffrrrryle-6i�f/t7 declare that I am (please check one) _the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein con 'ned and the information herewith are in all respects true and correct to the best of my knowledge and belief. I,, I certify that I know or have satisfactory evidence that -)CL0 f 1 a0 qc r l Lu � �- v � signed this instrument and acknowledged it to be his/her/their tree and voIdMNUVpjt for the uses and purposes mentioned in the instrument. Signature of Own /Re entative) G- $ Q• . . u _ 7Notary'4b n and for the State of Washington * 0,,� pUk3�-� : AZ 1 (Signature of Owner/Representative) r S >F Wig Notary (Print) I1 1II)��i�1 My appointment expires: s Q:web/pw/devsery!forms/planning/masterapp.doc 2 09/2h/07 �'�" OF'RE 0� DENSITY "'' s 2007 WORKSHEET RECEIVED City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 69,960 square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets" Private access easements"* Critical Areas' Total excluded area: 3. Subtract line 2 from line 1 for net area 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: __19,560 square feet n/a square feet __n/a_. square feet 2. 19,560_ square feet 3. ...--50,400— square feet 4. 1.157 acres 5. 36 units units/lots 6. 31.115 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ;' Alleys (public or private) do not have to be excluded. SAprojectsU006 Projects106-050 Davis -Galloway 11 DocurneatsUliensity WS107-10-8 density.doc t Last update( DEVELOPMENT SERVICES DIVISIO. WAIVER OF SUBMITTAL REQUIr<EMENTS FOR LAND USE APPLICATIONS Legal Description 4 Mailing Labels for Property Owners 4 1 f 1 1 -his requirement may be waived by: Property Services Section Public Works Plan Review Section Building Section Development Planning Section PROJECT NAME: ` j Gl C L C illi C%_ -C O LOPMENT PLANNING �TYOF RENTON DATE:' ri 2 6 2007 }ECEIVED 0:IWEBIPVADEVSERV%FormslPlanninglwaiverofsubmittalregs_9-06.xls 09/06 DEVELOPMENT SERVICES DIVISION WAIVE )F SUBMITTAL REQUIR TENTS FOR LAND USE APPLICATIONS Wetlands Mitigation Plan, Preliminary 4 I 't I I I Map of Existing Site Conditions 2AND3 I I I I Photosimulations 2ANO 3 Phis requirement may be waived by: Property Services Section PROJECT NAME: !. Public Works Plan Review Section i. Building Section DATE: k—�3 4 Development Planning Section 0.1WEBNPVV\DEVSERV1FormslPlanninglwaiverofsubmittalregs_9-06.xis 09/06 LY r, �—' Kathy Keolker, Mayor October 12, 2007 Jonathan M. Harkovich Davis & Kurth 1201 Monster Road 4320 Renton, WA 98057 CITE. _�)F RENTON PIanning/Building/PublieWorks Department Gregg Zimmerman P.E., Administrator Subject: Galloway at the Highlands Preliminary Plat LUA06-138, PP, SA -H, ECF — Modifications / Clarifications Dear Mr. Harkovich: The letter is sent to verify that certain modifications of Renton Municipal Code have been approved for the above -referenced project. Specifically, these include modifications of RMC 4-6-050F, "Public Street and Sidewalk Design Standards" and RMC 4-7-150E, "Street Pattern." In addition, due to the fact that this project is the first to occur utilizing the Bonus Density offered for nixed -rise development in the NF 4`" Corridor Business District, interpretation of certain sections of RMC 4-2-120A, "Development Standards .for Commercial Zoning Designations and RMC 4-3-040F, "Development Standards for Uses Located within the Northeast Fourth Street... Business Distriet(s)" are necessary. RMC 4-6-050F, "Public Street and Sidewalk Design Standards" Due to the narrow configuration of the undivided property, a modification of the standard pavement width for a public street (32 feet) was approved by the Fire Prevention Bureau and Director of Development Services. This results in a public street having a pavement width of 24 feet. There would be no on -street parking within the project_ Two parking spaces per unit would be provided, rather than the required 1.75 spaces per unit and additional off-street spaces for guest parking would be provided. The plan, with the modification, was approved by the Hearing Examiner with the following condition: All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers). 1055 South Grady Way - Renton, Washington 98057 RE TN RE Jonathan M. Harkovich October 12, 2007 Page 2of3 In addition, a landscaped traffic circle, with a water feature, was approved by the Fire Prevention Bureau with the requirement that rolled curbs that would be "mountable" by emergency vehicles would be provided and adjacent open space remain undeveloped. The plan, with the traffic circle, was approved by the Hearing Examiner with the following condition: The areas labeled as open space shall not be used for residential development and covenants shall be required stating this limitation. RMC 4-7-150E, "Street Pattern" Linkages are required (RMC 4-7-150E2) between neighborhoods, including pedestrian walkways. Opportunities for pedestrian connections have been provided to the north, west, and south of the Galloway project (it abuts a public street to the east). The project to the south, however, did not allow for linkage to the north, to the Galloway site, and a fence was constructed along the joint property line. In addition, access from the existing residential development, terminating at the fence, is by access easements across lots, and is not dedicated as public rights-of-way. Therefore, there will not be connection to the residential subdivision on the south. Alleys are preferred (RMC 4-7-150E5) and if not feasible, a determination must be made to that effect_ Again, due to the long, narrow configuration of the undivided parcel, alleys would only be single -loaded with one side abutting the north and south property tines. This would have resulted in paved roadways on both sides of the residential units (side yards are limited due to the structures being attached), reduced the usable open space per unit, and resulted in smaller living units in favor of unnecessary paving. For these reasons, alleys were deemed not. feasible. RMC 4-3-120A, "Development Standards for Commercial Zoning Designations Density: A project hi the NE 4`h Corridor Business District, without mixed-use, would have a maximum residential density of 20 units per acre. A project with mixed commercial and residential use in the same building is eligible for a bonus density of 60 dwelling units per acre. The development standards table. RMC 4-3-120A, however, does not speak to maximum density allowed for projects within the NE 4`h Corridor that have both mixed-use buildings with commercial on the ground floor with residential use on upper stories and townhouse units. The maximum density for the Commercial Neighborhood zone is expressed as density per structure. The maximum densities for the Center Village and Commercial Arterial zones are both expressed as density per acre. The interpretation was made that, if the bonus density was only applicable to the mixed-use building, and not the remainder of Jonathan M. Harkovicn October 12, 2007 Page 3 of 3 the project, it would have been expressed in terms of units per structure,.as was done with the Commercial Neighborhood zone, and not units per acre. Therefore, the project, with an overall density of 31.06 du/a was deemed to be below the maximum allowable density of 60 du/a. RMC 4-9-030K, "Special Decision Criteria for Stand Alone Residential Uses in the NE 4'h ... Business District(s)" The Special Decision Criteria prohibits "stand alone residential" within 150 feet of Union Ave NE in the NE 4th Street Corridor Business District (RMC 4-9-030K1). The proposed project has stand -alone residential (townhouses) within 139 feet of the west Pavement edge of the Union Ave NE. This is 11 feet closer to Union Ave NE than allowed by the Special Decision. Criteria. There being no reason given in the code for requiring `.`150 feet" of the frontage of parcels that would typically consist of various land areas in a multitude of configurations, a determination was made that the intent of the code requirement was met by the project. This decision was based on the fact that the mixed-use building occupied one-third of the total land area (32.55 percent), provided more than the minimum amount of commercial area (35 foot depth provided), provided 3 levels of multi -family residential above the ground floor, and met the parking requirements for the commercial and associated residential uses within the 138 feet of the mixed-use area of the project. No modification of the requirement for pedestrian connections was granted (RMC 4-9- 030K6), although such connections cannot be made to the south (see above). Please contact Elizabeth Higgins at (425) 430-7382 if you have any questions. Sincerely, C Neil Watts, Director Development Services Division cc; file KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. August 13, 2007 SUBJECT. GALLOWAY, LOT CLOSURE CALCULATIONS Parcel name: Boundary North: 180738.3992 East: 1311361.1644 Line Course: S 00-57-26 W Length: 165.00 North: 180573.4223 East: 1311358.4080 Line Course: N 89-06-06 W Length: 424.00 North: 180580.0698 East: 1310934.4601 Line Course: N 00-57-26 E Length: 165.00 North: 180745.0468 East: 1310937.2166 Line Course: S 89-06-06 E Length: 424.00 North: 180738.3992 East: 1311361.1644 Perimeter. 1178.00 Area: 69,960.037 SQ. FT. 1.606 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0,0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:1,178,000,000.00 Parcel name: Lot 01 North: 180738.3992 East: 1311361.1644 Line Course: S 00-57-26 W Length: 48.56 North: 180689.8460 East: 1311360.3532 Curve Length: 25.48 Radius: 18.00 Delta: 81-07-04 Tangent: 15.41 Chord: 23.41 Course: S 50-20-22 W Course In: N80 -13-10W Course Out: S 00-53-54 W RP North: 180692.9038 East: 1311342.6148 End North: 180674.9060 East: 1311342.3326 Line Course: N 89-06-06 W Length: 114.30 North: 180676.6980 East: 1311228.0467 Line Course: N 00-53-54 E Length: 63.78 North: 180740.4702 East: 1311229.0466 Line Course: S 89-06-06 E Length: 132.14 North: 180738.3984 East: 1311361.1704 Perimeter 384.27 Area: 8,360SQ. FT. 0.192 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0060 Course: S 82-20-24 E Error North: -0.00080 East: 0.00594 Precision 1:64,043.33 DEVELOPMENT PLANNING CITY OF RENTON OCT 2 6 2007 RECEIVED 1720 SO, 341ST PL., SUITE C-4• FEDERAL WAY, WASHINGTON • 98023 DES MOINES: 253/838-1199 • TACOMA: 253/272-9858 • TOLL FREE: 1-888-838-1199 • FAX: 253/838-8164 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 02 North: 180740.4709 East: 1311229.0436 Line Course: S 00-53-54 W Length: 63.78 North: 180676.6987 East: 1311228.0436 Line Course: N 89-06-06 W Length: 20.00 North: 180677.0123 East: 1311208.0461 Line Course: N 00-53-54 E Length: 63.78 North: 180740.7845 East: 1311209.0460 Line Course: S 89-06-06 E Length: 20.00 North: 180740.4709 East: 1311229.0436 Perimeter: 167.56 Area: 1,276 SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 167,560,000.00 Parcel name: Lot 03 North. 180740.7845 East: 1311209.0460 Line Course: S 00-53-54 W Length: 63.78 North: 180677.0123 East: 1311208.0461 Line Course: N 89-06-06 W Length: 18.02 North: 180677.2948 East: 1311190.0283 Curve Length: 1.99 Radius: 18.50 Delta: 6-09-23 Tangent: 0.99 Chord. 1.99 Course: N 86-01-25 W Course In: N 00-53-54 E Course Out: S 07-03-17 W RP North: 180695.7926 East: 1311190.3183 End North: 180677.4326 East: 1311188.0462 Line Course: N 00-53-54 E Length: 63.68 North: 180741.1048 East: 1311189.0446 Line Course: S 89-06-06 E Length: 20.00 North: 180740.7912 East: 1311209.0422 Perimeter: 167.46 Area: 1,276 SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0078 Course: N 29-53-52 W Error North: 0.00675 East: -0.00388 Precision 1:21,470.51 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 04 North: 180741.0980 East: 1311189.0485 Line Course: S 00-53-54 W Length: 63.68 North: 180677.4259 East. 1311188.0501 Curve Length: 13.86 Radius: 18.50 Delta., 42-56-02 Tangent: 7.28 Chord: 13.54 Course: N 61-28-42 W Course In: N 07-03-17 E Course Out: S 49-59-19 W RP North: 180695.7858 East: 1311190.3222 End North: 180683.8914 East: 1311176.1528 Curve Length: 15.25 Radius: 38.00 Delta: 22-59-38 Tangent: 7.73 Chord: 15.15 Course: N 51-30-30 W Course In: S 49-59-19 W Course Out: N 26-59-41 E RP North: 180659.4597 East: 1311147.0479 End North: 180693.3195 East. 1311164.2965 Line Course: N 00-53-54 E Length: 48.16 North: 180741.4736 East., 1311165.0515 Line Course: S 89-06-06 E Length: 24.00 North: 180741.0973 East: 1311189.0486 Perimeter. 164.94 Area: 1,364 SQ. FT. 0.031 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0007 Course: S 05-55-36 E Error North: -0.00069 East: 0.00007 Precision 1:235,642.86 KENNETH R. ANDERSON AND ASSOCIATES, INC., P . S . Parcel name: Lot 05 North: 180742.0004 East: 1311131.4976 Line Course: S 00-53-54 W Length: 48.22 North: 180693.7864 East: 1311130.7416 Curve Length. 15.11 Radius: 38.00 Delta: 22-46-51 Tangent: 7.66 Chord: 15.01 Course: S 53-11-54 W Course In: S 25-24-40 E Course Out: N 48-11-31 W RP North: 180659.4628 East: 1311147.0478 End North: 180684.7950 East: 1311118.7233 Curve Length: 13.99 Radius: 18.50 Delta: 43-19-44 Tangent: 7.35 Chord: 13.66 Course: S 63-28-21 W Course In: N 48-11-31 W Course Out: S 04-51-47 E RP North: 180697.1278 East: 1311104.9337 End North: 180678.6944 East: 1311106.5020 Line Course: N 00-53-54 E Length: 63.69 North: 180742.3766 East: 1311107.5006 Line Course: S 89-06-06 E Length: 24.00 North: 180742.0003 East: 1311131.4976 Perimeter: 165.01 Area: 1,366SQ. FT. 0.031 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0002 Course: S 04-38-25 E Error North: -0.00016 East: 0.00001 Precision 1:825,050.00 Parcel name: Lot 06 North: 180742.3767 East : 1311107.5006 Line Course: S 00-53-54 W Length: 63.69 North: 180678.6945 East: 1311106.5020 Curve Length: 1.86 Radius: 18.50 Delta: 5-45-41 Tangent: 0.93 Chord: 1.86 Course: S 88-01-03 W Course In: N04 -51-47W Course Out: S 00-53-54 W RP North: 180697.1279 East: 1311104.9337 End North: 180678.6302 East: 1311104.6436 Line Course: N 89-06-06 W Length: 18.14 North: 180678.9146 East: 1311086.5059 Line Course: N 00-53-54 E Length: 63.78 North: 180742.6868 East: 1311087.5058 Line Course: S 89-06-06 E Length: 20.00 North: 180742.3732 East: 1311107.5034 Perimeter. 167.47 Area: 1,276SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0045 Course: S 38-46-14 E Error North: -0.00350 East: 0.00281 Precision 1:37,215.56 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 07 North: 180742.6903 East: 1311087.5030 Line Course: S 00-53-54 W Length: $3.78 North: 180678.9181 East: 1311086.5031 Line Course: N 89-06-06 W Length: 20.00 North: 180679.2317 East. 1311066.5055 Line Course: N 00-53-54 E Length: 63.78 North: 180743.0038 East: 1311067.5055 Line Course: S 89-06-06 E Length: 20.00 North: 180742.6903 East: 1311087.5030 Perimeter: 167.56 Area: 1,276 SQ. Fr. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East. 0.00000 Precision 1: 167,560,000.00 Parcel name: Lot 08 North: 180743.0038 East: 1311067.5055 Line Course: S 00-53-54 W Length: 63.78 North: 180679.2317 East: 1311066.5055 Line Course: N 89-06-06 W Length: 23.00 North: 180679.5923 East: 1311043.5083 Line Course: N 00-53-54 E Length: 63.78 North: 180743.3644 East: 1311044.5083 Line Course: S 89-06-06 E Length: 23.00 North: 180743.0038 East: 1311067.5055 Perimeter: 173.56 Area: 1,467 SQ, FT. 0.034 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 173,560,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 09 North: 180743.3644 East: 1311044.5083 Line Course: S 00-53-54 W Length: 63.78 North: 180679.5923 East: 1311043.5083 Line Course: N 89-06-06 W Length: 23.00 North: 180679.9529 East: 1311020.5112 Line Course: N 00-53-54 E Length: 63.78 North: 180743.7250 East: 1311021.5111 Line Course: S 89-06-06 E Length: 23.00 North: 180743.3644 East. 1311044.5083 Perimeter: 173.56 Area: 1,467 SQ. FT. 0.034 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 173,560,000.00 ----------------------------------- --------------------------------------- Parcel name: Lot 10 North: 180743.7250 East: 1311021.5111 Line Course: S 00-53-54 W Length: 63.78 North: 180679.9529 East: 1311020.5112 Line Course: N 89-06-06 W Length: 20.00 North: 180680.2664 East: 1311000.5136 Line Course: N 00-53-54 E Length: 63.78 North: 180744.0386 East: 1311001.5136 Line Course: S 89-06-06 E Length: 20.00 North: 180743.7250 East: 1311021.5111 Perimeter: 167.56 Area: 1,276 SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:167,560,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 11 North, 180744.0386 East: 1311001.5136 Line Course: S 00-53-54 W Length: 63.78 North: 180680.2664 East: 1311000.5136 Line Course: N 89-06-06 W Length: 20.00 North: 180680.5800 East: 1310980.5161 Line Course: N 00-53-54 E Length: 63.78 North: 180744.3522 East: 1310981.5160 Line Course: S 89-06-06 E Length: 20.00 North: 180744.0386 East: 1311001.5136 Perimeter. 167.56 Area: 1,276 SO. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 167,560,000.00 Parcel name: Lot 12 North: 180744.3522 East: 1310981.5160 Line Course. S 00-53-54 W Length: 63.78 North: 180680.5800 East: 1310980.5161 Line Course: N 89-06-06 W Length. 12.94 North: 180680.7829 East: 1310967.5777 Curve Length: 20.95 Radius: 24.50 Delta: 49-00-01 Tangent. 11.17 Chord: 20.32 Course: N 23-02-35 W Course In: N 41-57-25 E Course Out: N 89-02-34 W RP North: 180699.0022 East: 1310983.9577 End North: 180699.4115 East: 1310959.4611 Line Course: N 00-57-26 E Length: 13.50 North: 180712.9097 East: 1310959.6866 Line Course: N 89-06-06 W Length: 2.00 North: 180712.9410 East: 1310957.6869 Line Course: N 00-57-26 E Length: 31.78 North: 180744.7166 East: 1310958.2178 Line Course: S 89-06-06 E Length: 23.31 North: 180744.3511 East: 1310981.5249 Perimeter: 168.27 Area: 1,377 SO. FT. 0.032 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0090 Course: S 83-15-58 E Error North: -0.00105 East: 0.00889 Precision 1:18,695.56 KENNETH R. ANDERSON AND ASSOCIATES, INC., E.S. Parcel name: Lot 13 North: 180643.5827 East: 1310979.9360 Line Course: S 00-53-54 W Length: 64.22 North: 180579.3706 East: 1310978.9291 Line Course: N 89-06-06 W Length: 23.47 North: 180579.7385 East: 1310955,4620 Line Course: N 00-57-26 E Length: 32.22 North: 180611.9540 East: 1310956.0003 Line Course: S 89-06-06 E Length: 2.00 North: 180611.9227 East: 1310958.0000 Line Course: N 00-57-26 E Length: 13.50 North: 180625.4208 East: 1310958.2255 Curve Length: 20.98 Radius: 24.50 Delta: 49-03-56 Tangent: 11.18 Chord: 20.35 Course: N 25-29-24 E Course In: S 89-02-34 E Course Out: N 39-58-38 W RP North: 180625.0115 East: 1310982.7221 End North: 180643.7858 East: 1310966.9813 Line Course: S 89-06-06 E Length: 12.96 North: 180643.5827 East: 1310979.9397 Perimeter: 169.35 Area: 1,394 SQ. FT. 0.032 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0037 Course: S 89-49-07 E Error North: -0.00001 East: 0.00373 Precision 1:45,770.27 Parcel name: Lot 14 North: 180643.2691 East: 1310999.9335 Line Course: S 00-53-54 W Length: 64.22 North: 180579.0570 East: 1310998.9266 Line Course: N 89-06-06 W Length: 20.00 North: 180579.3706 East: 1310978.9291 Line Course: N 00-53-54 E Length: 64.22 North! 180643.5827 East: 1310979.9360 Line Course: S 89-06-06 E Length: 20.00 North: 180643.2691 East. 1310999.9335 Perimeter. 168.44 Area: 1,285SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:168,440,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. --------------------------- ----------------------------------------------- Parcel name: Lot 15 North: 180642.9555 East: 1311019.9310 Line Course: S 00-53-54 W Length: 64.22 North: 180578.7434 East: 1311018.9242 Line Course: N 89-06-06 W Length: 20.00 North: 180579.0570 East: 1310998.9266 Line Course: N 00-53-54 E Length: 64.22 North: 180643.2691 East: 1310999.9335 Line Course: S 89-06-06 E Length: 20.00 North: 180642.9555 East: 1311019.9310 Perimeter. 168.44 Area: 1,284SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:168,440,000.00 Parcel name: Lot 16 North: 180642.5949 East: 1311042.9282 Line Course: S 00-53-54 W Length: 64.22 North: 180578.3828 East: 1311041.9214 Line Course: N 89-06-06 W Length: 23.00 North: 180578.7434 East: 1311018.9242 Line Course: N 00-53-54 E Length: 64.22 North: 180642.9555 East: 1311019.9310 Line Course: S 89-06-06 E Length: 23.00 North: 180642.5949 East: 1311042.9282 Perimeter. 174.44 Area: 1,477SQ. FT. 0.034 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1:174,440,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC,, P.S. Parcel name: Lot 17 North: 180642.2343 East: 1311065.9254 Line Course: S 00-53-54 W Length: 64.22 North: 180578.0222 East: 1311064.9185 Line Course: N 89-06-06 W Length: 23.00 North: 180578.3828 East: 1311041.9214 Line Course: N 00-53-54 E Length: 64.22 North: 180642.5949 East: 1311042.9282 Line Course: S 89-06-06 E Length: 23.00 North: 180642.2343 East: 1311065.9254 Perimeter. 174.44 Area: 1,477SQ. FT 0.034 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:174,440,000.00 Parcel name: Lot 18 North: 180641.9208 East: 1311085.9229 Line Course: S 00-53-54 W Length: 64.22 North: 180577.7087 East: 1311084.9161 Line Course: N 89-06-06 W Length: 20.00 North: 180578.0222 East: 1311064.9185 Line Course: N 00-53-54 E Length: 64.22 North: 180642.2343 East: 1311065.9254 Line Course: S 89-06-06 E Length: 20.00 North: 180641.9208 East: 1311085.9229 Perimeter. 168.44 Area: 1,284SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:168,440,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 19 North: 180641.5138 East: 1311105.9190 Line Course: S 00-53-54 W Length: 64.12 North: 180577.4017 East: 1311104.9137 Line Course: N 89-06-06 W Length: 20.00 North: 180577.7152 East, 1311084.9162 Line Course: N 00-53-54 E Length: 64.22 North: 180641.9273 East: 1311085.9230 Line Course: S 89-06-06 E Length: 18.14 North: 180641.6429 East: 1311104.0608 Curve Length: 1.86 Radius: 18.50 Delta: 5-45-41 Tangent., 0.93 Chord: 1.86 Course: S 86-13-16 E Course in: S 00-53-54 W Course Out., N 06-39-35 E RP North: 180623.1452 East: 1311103.7708 End North: 180641.5204 East: 1311105.9162 Perimeter. 168.35 Area: 1,284SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0071 Course: N 22-42-32 W Error North: 0.00659 East: -0.00276 Precision 1:23,709.86 Parcel name: Lot 20 North: 180625.6692 East. 1311129.6735 Line Course: S 00-53-54 W Length: 48.65 North., 180577.0252 East: 1311128.9108 Line Course: N 89-06-06 W Length: 24.00 North: 180577.4014 East: 1311104.9137 Line Course: N 00-53-54 E Length: 64.12 North: 180641.5136 East: 1311105.9190 Curve Length: 13.99 Radius: 18.50 Delta: 43-19-44 Tangent: 7.35 Chord: 13.66 Course: S 61-40-03 E Course In: S 06-39-35 W Course Out: N 49-59-19 E RP North: 180623.1384 East: 1311103.7735 End North: 180635.0328 East: 1311117.9430 Curve Length: 15.11 Radius: 38.00 Delta: 22-06-51 Tangent: 7.66 Chord: 15.01 Course: S 51-24-06 E Course In: N 49-59-19 E Course Out: S 27-12-28 W RP North: 180659.4645 East: 1311147.0478 End North: 180625.6690 East: 1311129.6735 Perimeter: 165.88 Area: 1,376 SO. FT. 0.032 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure. 0.0002 Course: S 06-26-13 W Error North: -0.00016 East: -0.00002 Precision 1:829,350.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 21 North: 180640.2219 East: 1311187.4667 Line Course: S 00-53-54 W Length: 64.11 North: 180576.1197 East., 1311186.4616 Line Course: N 89-06-06 W Length: 24.00 North. 180576.4960 East: 1311162.4646 Line Course: N 00-53-54 E Length: 48.59 North: 180625.0800 East: 1311163.2264 Curve Length: 15.25 Radius: 38.00 Delta: 22-59-39 Tangent: 7.73 Chord: 15.15 Course: N 53-18-18 E Course In: N 25-11-53 W Course Out. S 48-11-32 E RP North: 180659.4640 East: 1311147.0479 End North: 180634.1319 East. 1311175.3726 Curve Length: 13.86 Radius: 18.50 Delta: 42-56-03 Tangent: 7.28 Chord: 13.54 Course: N 63-16-30 E Course In: S48-11-32 E Course Out: N 05-15-29W RP North: 180621.7992 East: 1311189.1622 End North: 180640.2214 East: 1311187.4668 Perimeter. 165.82 Area: 1,374 SQ. FT. 0.032 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0005 Course: S 10-21-15 E Error North: -0.00049 East: 0.00009 Precision 1:331,620.00 Parcel name: Lot 22 North: 180640.0150 East: 1311207.4660 Line Course: S 00-53-54 W Length: 64.22 North: 180575.8029 East: 1311206.4591 Line Course: N 89-06-06 W Length: 20.00 North: 180576.1164 East: 1311186.4616 Line Course: N 00-53-54 E Length: 64.11 North: 180640.2186 East: 1311187.4667 Curve Length: 1.99 Radius: 18.50 Delta: 6-09-23 Tangent: 0.99 Chord: 1.99 Course: N 87-49-13 E Course In: S 05-15-29 E Course Out: N 00-53-54 E RP North: 180621.7964 East: 1311189.1621 End North: 180640.2941 East: 1311189.4521 Line Course: S 89-06-06 E Length: 18.02 North: 180640.0116 East: 1311207.4699 Perimeter: 168.33 Area: 1,284 SQ, FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0052 Course: S 49-25-38 E Error North: -0.00337 East: 0.00394 Precision 1:32,373.08 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Lot 23 North: 180639.7014 East: 1311227.4635 Line Course: S 00-53-54 W Length: 64.22 North: 180575.4893 East: 1311226.4566 Line Course: N 89-06-06 W Length: 20.00 North: 180575.8029 East: 1311206.4591 Line Course: N 00-53-54 E Length: 64.22 North: 180640.0150 East: 1311207.4660 Line Course: S 89-06-06 E Length: 20.00 North: 180639.7014 East: 1311227.4635 Perimeter: 168.44 Area: 1,284 SQ. FT. 0.029 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:168,440,000.00 Parcel name: Lot 24 North: 180621.4673 East: 1311359.2106 Line Course: S 00-57-26 W Length. 48.05 North: 180573.4240 East: 1311358.4079 Line Course: N 89-06-06 W Length: 131.97 North: 180575.4931 East: 1311226.4541 Line Course: N 00-53-54 E Length: 64.22 North: 180639.7052 East: 1311227.4610 Line Course: S 89-06-06 E Length: 114.11 North: 180637.9161 East: 1311341.5570 Curve Length: 26.44 Radius: 18.00 Delta: 84-09-11 Tangent: 16.25 Chord: 24.12 Course: S 47-01-31 E Course In: S 00-53-54 W Course Out: N 85-03-05 E RP North: 180619.9184 East: 1311341.2748 End North: 180621.4711 East: 1311359.2077 Perimeter: 384.79 Area: 8,409 SQ. FT. 0.193 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0048 Course: N 38-19-57 W Error North: 0.00376 East: -0.00297 Precision 1: 80,164.58 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Tract "A" North: 180741.4743 East: 1311165.0514 Line Course: S 00-53-54 W Length: 48.16 North: 180693.3202 East: 1311164.2964 Curve Length: 34.76 Radius: 38.00 Delta: 52-24-21 Tangent: 18.70 Chord: 33.56 Course: N 89-12-30 W Course In: S 26-59-41 W Course Out: N 25-24-40 W RP North: 180659.4604 East: 1311147.0479 End North: 180693.7840 East: 1311130.7417 Line Course: N 00-53-54 E Length: 48.22 North: 180741.9980 East: 1311131.4977 Line Course: S 89-06-06 E Length, 33.56 North: 180741.4719 East: 1311165.0535 Perimeter: 164.69 Area: 1,529 SQ. FT. 0.035 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0032 Course: S 40-56-03 E Error North: -0.00243 East. 0.00210 Precision 1: 51,468.75 Parcel name: Tract "B" North: 180744.7175 East: 1310958.2138 Line Course: S 00-57-26 W Length: 31.78 North: 180712.9420 East: 1310957.6829 Line Course: N 89-06-06 W Length: 21.00 North: 180713.2712 East: 1310936.6854 Line Course: N 00-57-26 E Length: 31.78 North: 180745.0468 East: 1310937.2163 Line Course: S 89-06-06 E Length: 21.00 North: 180744.7175 East: 1310958.2138 Perimeter: 105.56 Area: 667 SQ. FT. 0.015 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 9000-00 E Error North: 0.00000 East: 0.00000 Precision 1: 105,560,000.00 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Tract 'C" North: 180611.9541 East: 1310955.9954 Line Course: S 00-57-26 W Length: 32.22 North: 180579.7386 East: 1310955.4572 Line Course: N 89-06-06 W Length: 21.00 North: 180580.0679 East: 1310934.4597 Line Course: N 00-57-26 E Length: 32.22 North: 180612.2834 East: 1310934.9980 Line Course: S 89-06-06 E Length: 21.00 North: 180611.9541 East: 1310955.9954 Perimeter: 106.44 Area: 677 SQ. FT. 0.016 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1: 106,440,000.00 Parcel name: Tract "D" North: 180625.0807 East: 1311163.2264 Line Course: S 00-53-54 W Length: 48.59 North: 180576.4966 East: 1311162.4646 Line Course: N 89-06-06 W Length: 33.56 North: 180577.0228 East: 1311128.9087 Line Course: N 00-53-54 E Length: 48.65 North: 180625.6668 East: 1311129.6714 Curve Length: 34.76 Radius: 38.00 Delta: 52-24-21 Tangent: 18.70 Chord: 33.56 Course: S 88-59-42 E Course In: N 27-12-28 E Course Out: S 25-11-53 E RP North: 180659.4623 East: 1311147.0458 End North: 180625.0783 East: 1311163.2242 Perimeter: 165.56 Area: 1,543 SO. FT. 0.035 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0032 Course: S 42-03-51 W Error North: -0.00236 East: -0.00218 Precision 1: 51,737.50 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Parcel name: Tract "E" North: 180689.8448 East: 1311360.3532 Line Course: S 00-57-26 W Length: 33.72 North: 180656.1295 East: 1311359.7898 Line Course: N 89-06-06 W Length: 203.77 North: 180659.3242 East: 1311156.0449 Curve Length: 28.27 Radius: 9.00 Delta. 180-00-00 Tangent: 392301679.81 Chord: 18.00 Course: N 89-06-06 W Course In: N89 -06-06W Course Out: N 89-06-06 W RP North: 180659.4654 East: 1311147.0460 End North: 180659.6065 East: 1311138.0471 Curve Length: 28.27 Radius: 9.00 Delta: 180-00-00 Tangent: 392301681.90 Chord: 18.00 Course: S 89-06-06 E Course In: S 89-06-06 E Course Out: S 89-06-06 E RP North: 180659.4654 East: 1311147.0460 End North: 180659.3242 East: 1311156.0449 Line Course. S 89-06-06 E Length: 203.77 North: 180656.1295 East: 1311359.7898 Line Course: S 00-57-26 W Length: 34.67 North: 180621.4643 East: 1311359.2106 Curve Length: 26.44 Radius: 18.00 Delta: 84-09-11 Tangent: 16.25 Chord. 24.12 Course: N 47-01-31 W Course In: S 85-03-05 W Course Out: N 00-53-54 E RP North: 180619.9116 East: 1311341.2777 End North: 180637.9094 East: 1311341.5599 Line Course: N 89-06-06 W Length: 152.13 North: 180640.2945 East: 1311189.4486 Curve Length: 15.85 Radius: 18.50 Delta: 49-05-26 Tangent: 8.45 Chord: 15.37 Course: S 66-21-11 W Course In: S 00-53-54 W Course Out: N 48-11-32 W RP North: 180621.7968 East: 1311189.1586 End North: 180634.1295 East: 1311175.3690 Curve Length: 65.12 Radius: 38.00 Delta: 98-10-51 Tangent: 43.85 Chord. 57.44 Course: N 89-06-06 W Course In: N48 -11-32W Course Out: S 49-59-19W RP North: 180659.4616 East: 1311147.0443 End North: 180635.0299 East: 1311117.9395 Curve Length: 15.85 Radius: 18.50 Delta: 49-05-25 Tangent: 8.45 Chord: 15.37 Course: N 64-03-23 W Course In: S 49-59-19 W Course Out: N 00-53-54 E RP North: 180623.1355 East: 1311103.7700 End North: 180641.6332 East: 1311104.0601 Line Course: N 89-06-06 W Length: 137.10 North: 180643.7827 East: 1310966.9769 Curve Length: 20.98 Radius: 24.50 Delta: 49-03-56 Tangent: 11.18 Chord: 20.35 Course: S 25-29-23 W Course In: S 39-58-39 E Course Out: N 89-02-35 W RP North: 180625.0084 East: 1310982.7178 End North: 180625.4176 East: 1310958.2213 KENNETH R. ANDERSON AND ASSOCIATES, INC., P.S. Line Course: S 00-57-26 W Length: 13.50 North: 180611.9195 East: 1310957.9957 Line Course: N 89-06-06 W Length: 23.00 North: 180612.2801 East: 1310934.9986 Line Course: N 00-57-26 E Length: 101.00 North: 180713.2660 East: 1310936.6858 Line Course: S 89-06-06 E Length: 23.00 North: 180712.9054 East. 1310959.6830 Line Course: S 00-57-26 W Length: 13.50 North: 180699.4073 East: 1310959.4575 Curve Length: 20.95 Radius: 24.50 Delta: 49-00-01 Tangent: 11.17 Chord: 20.32 Course: S 23-32-35 E Course In: S B9-02-34 E Course Out: S 41-57-25 W RP North: 180698.9980 East: 1310983.9541 End North: 180660.7786 East: 1310967.5741 Line Course: S 89-06-06 E Length: 137.09 North: 180678.6293 East: 1311104.6472 Curve Length: 15.85 Radius. 18.50 Delta: 49-05-25 Tangent: 8.45 Chord: 15.37 Course: N 66-21-11 E Course In: N 00-53-54 E Course Out: S 48-11-01 E RP North: 180697.1270 East: 1311104.9373 End North: 180684.7942 East : 1311118.7268 Curve Length: 65.12 Radius: 38.00 Delta: 98-10-50 Tangent: 43.85 Chord: 57.44 Course: S 89-06-06 E Course In: S 48-11-01 E Course Out: N 49-59-19 E RP North: 180659.4620 East: 1311147.0514 End North: 180683.8937 East: 1311176.1562 Curve Length: 15.85 Radius: 18.50 Delta: 49-05-25 Tangent: 8.45 Chord: 15.37 Course: S 64-03-23 E Course In: N49-59-19 E Course Out: S 00-53-54W RP North: 180695.7881 East: 1311190.3256 End North: 180677.2904 East: 1311190.0356 Line Course: S 89-06-06 E Length: 152.32 North: 180674.9023 East: 1311342.3369 Curve Length: 25.48 Radius: 18.00 Delta: 81-07-04 Tangent: 15.41 Chord: 23.41 Course: N 50-20-22 E Course In: N 00-53-54 E Course Out: S 80-13-10 E RP North: 180692.9001 East: 1311342.6191 End North: 180689.8423 East: 1311360.3575 Perimeter: 1572.60 Area: 19,023 SO. FT. 0.437 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0050 Course: S 60-20-58 E Error North: -0.00246 East: 0.00432 Precision 1:314,520.00 KENNETH R. ANDERSON AND ASSOCIATES, INC . , P . S . Parcel name: Tract "F" North: 180659.3235 East: 1311156.0468 Curve Length: 28.27 Radius: 9.00 Delta: 180-00-00 Tangent: 392274035.97 Chord: 18.00 Course: N 89-06-06 W Course In: N 89-06-06 W Course Out: N 89-06-06 W RP North: 180659.4646 East: 1311147.0479 End North: 180659.6057 East: 1311138.0490 Curve Length: 28.27 Radius: 9.00 Delta: 180-00-00 Tangent: 392274038.06 Chord: 18.00 Course: S 89-06-06 E Course In: S 89-06-06 E Course Out: S 89-06-06 E RP North: 180659.4646 East: 1311147.0479 End North: 180659.3235 East: 1311156.0468 Perimeter: 56.55 Area: 254 SO. FT. 0.006 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East: 0.00000 Precision 1:56,540,000.00 S:Iprojects12006 Projects106-050 Davis-Townhomes-Renton\lots106-050 Plat Lot Calcs.doc - S i'EWART T11 GUARANTY COMPANY Subdivision Guarantee Guarantee No.: SG -2631-12159 Effective Date: July 23. 2007 at 12:00 AN! EL)EVELOPMENT PLANNING CITY OF RENTON 00 2 6 2007 RECEIVED Fee: $300.00 Order Number: 2071503' 2 The County of KING and any City within which said subdivision is located in a sum not exceeding $1,000.00 That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary of said Subdivision Guarantee, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Esteawart title guaranty company 5. 1-41. t5t FW -W Che ixana of t►a rd: �t*_ fd:� Ptssideat rcx i►+ Countersigned: jR\ Authorized Signatory STEWART TITLE SEATAC, Washington Guarantee Serial No. SG -2631-12159 In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Guarantee No.: SG -2631-12159 Order Number: 207156392 Subdivision $300.00 Guarantee: Reference Number: PHAM PROPERTY, LLC Sales Tax: $26.70 Effective Date. July 23, 2007 at Total: $ 326.70 OWNERS: PHAM PROPERTY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY LEGAL DESCRIPTION: THE SOUTH 165 FEET OF THE NORTH 495 FEET OF THE EAST 660 FEET OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 30 FEET THEREOF; AND EXCEPT THE WEST 206 FEET THEREOF. SUBJECT TO: 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS AND EGRESS AREA AFFECTED: THE LEGAL DESCRIPTION CONTAINED IN SAID EASEMENT IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION WITHIN SAID PREMISES DISCLOSED BY: INSTRUMENT RECORDED UNDER RECORDING NO. 6647627 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: MAY 7, 1970 RECORDING NO.: 6647627 FOR: UTILITIES AFFECTS: NORTH 5 FEET 3. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JUNE 18, 1970 RECORDING NO.: 6662916 IN FAVOR OF: CITY OF RENTON FOR: SEWAGE PIPE AND ANY OTHER PUBLIC UTILITIES AND SERVICES AFFECTS: THE NORTH 15 FEET OF THE SOUTH 103 FEET OF THE EAST 53 FEET Guarantee No: SQ -2631-121 59 E�q� trNe guaranty company SUBDIVISION GUARANTEE 4. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 28, 2005 RECORDING NO.: 20050728000683 IN FAVOR OF: PUGET SOUNDS ENERGY, INC FOR: TO CONSTRUCT AND MAINTAIN UTILITY SYSTEMS 5. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED. APRIL 4, 2007 RECORDING NO.: 20070404000771 IN FAVOR OF: PHAM PROPERTY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY FOR: WATER LINE EASEMENT AGREEMENT AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 6. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30TH THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 sr YEAR: 2007 AMOUNT BILLED: $10,673.62 AMOUNT PAID: $ 5,336.81 AMOUNT DUE: $ 5,336.81, PLUS INTEREST AND PENALTY, JUNE 13, 2007 IF DELINQUENT LEVY CODE: 2100 TAX ACCOUNT NO.: 162305-9098-04 ASSESSED VALUATION: LAND: $772,400.00 IMPROVEMENTS: $202,200.00 7. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR SEWER FACILITIES OF CITY O FRENTON AS DISCLOSED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 9606210966. 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PHAM PROPERTY, LLC TRUSTEE: STEWART TITLE BENEFICIARY: WASHINGTON FIRST INTERNATIONAL BANK AMOUNT: $10,000,000.00 DATED: JUNE 13, 2007 RECORDED: JUNE 15, 2007 RECORDING NO.: 20070615001866 Guarantee No: SG -2631-12159 ��qw title guaranty company SUBDIVISION GUARANTEE 9. ASSIGNMENT OF LEASES AND/OR RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: PHAM PROPERTY, LLC ASSIGNEE: WASHINGTON FIRST INTERNATIONAL BANK DATED: JUNE 13, 2007 RECORDED: JUNE 15, 2007 RECORDING NO.: 20070615001867 Guarantee Na: SG -2631-12159 E�ewa ft title guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Don Peters :dc Guarantee No: SG -2631-12159 Eq!q title guaranty company L.Mtewart ORDER NO:. 207156392 N This sketch is provided without charge for information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. a _ • �� . Y mom dL t MIS•.-we i. r��'St L �� • r, '. t, rF � Tx•�� ,� tkft �K ` •n • W Do" I� �M *,4 • µVI M cwr [os 11II"= 3�. MYaRMfA11 as�d SOSWAU 11r MW, h" rile m k Ii ekt Y wifkYtia M T= IOUAN amd gas* "Im"1e *am 1"MVIM r mm", ,r�e rrl +rune Y �Oi6>1T =. �01A1L i47d ! =i7a N. Y6l' , r . y de i�aia••e Y S. i T. Cowin ` ,=:I &MWW MA wry. rhr�d b M LIwy mf KLoi South 166 feet of the mcu ifs fa•t of the east 660 fest of the am4lee•t qquarter of the aertheaat Quarter of Sectiop 10. =graehi !i Nomth. Rang a Zest, M.M.k in umtro Mashia6toas ZXGEP! p the oast 30 !a•s thersoKin! 0 f A= ZX=n the rest 206 feet thereof. ISMVM Onto Grantors an san_e� nt over said pr md"s for in�,es Aad �r�oto the wont 200 feet theraaf, and ALSO r as sages. for utilities over and across the north i feet of rain ynasigs. Snr e..a-rn ' 9 0. Q 0 ER MVPM ................. 0 u 4) r 26th &.4 'srxes os r�xGtaar, "Novo MT.i►V �s4 /+.wl �..kd IRfwsr INrvin >}. Tflh{'aaY 0 Kose�arir Mehrnan41 ' r a• hmm a it u. i+.w..} �auea.0 is we MW sow sr Ism ae/ wWw yNmftml ai , rd " ft EM ON their Nw ad %"M" as Mi OWL IN f Yd eM Oft w ed +Ik AID sq d J-:W7—WO—aoo u w,r.Yas,,,ti,r,,�Al ",!"IPM J F1 yF3.e^1::��[,�'�C''.,_.,,_ tir3�.r._-.•:•+r�x��,as�.=�A-•"a�'s'� r.i�`q �.��:�,'aYF! y'.• .. T fir. �. � �` 4 .M�NI�F•wFrl�nr_-d.�ii+ _+.IMS +� P9w9vA NOW .} 5 :fi ALL Mlfl IT DM fME3Elif3 -11 - s ii suattoom i of i i Y CaspMnr . e,Y.eic >w YO�t► ha i e! Balli _.r-.-......i��,..i -<wd a� M hsreilrafter Warred to /s ' et to" first • EE pesRti cart• tae ant in sensiderattoa of 111E CO L1�M sed other eoei a40 Valwbli ceesiderptian. rrcefvt of idlicil is spy acbipirt*dged. ds Mreblr ilrea{, 4'�,IA" a�_cowvq lute the CITY 4F llfllT�s a ' r 01 :Scioal Corporation of the State of 14shio#toe. as Tartsi of LM second part., ae. sasesuwt appertanaet and perpetual over. on, asd t! the to miss daserlbed pri Mi"j r i to Esta 13' of the tach 1031.0! the soot 531 of ek. 1. uVing des"Ood ptoparey -- Thi-s"CIL 163-- of tm anrrti' 4!3tAo i Isat nae• of the fn:thr.ae 9wA4tK of tin.'ftr"w"C gairt r a! ^ �' pCtton U. Tai. my 23 fret, RON" 3 a<sse. VAI.. n " C. t7, il.ahl.tt.r, O-Owt th. I..e Sa, ane loos no v.se Y04 tbormf. Fit NING DEN, �fTf o� Aod tM psrq of the second part to have for RAW purposes of omtrretion. repair, nnice, and nrlstasaaes of sego pipe lion NW am ether public utllitlas and services. IM VITKU ietEWW the s410 parties have heraulte set their hands and seal# this r1 Pt.eith er deur Qay 6f �40i . >i. �.. A.sa ll.o factor. , STATE OF isWO MiM ss Conwtr of King j �r 1. the aMdfrlfWM Notary Public is and Tea ita skits ns 1n Tracts. fe. ltuhington, do hereby cortify that an On 15th personalis AWSMd EKore mfWb.Ak Aann Ir. sr tt....,. am 1.1 ..,* c�nnn.i his rife. to m Z1 Mm to be t+l—i i v s a Rod w,o 11-m�i�fhMZW #s their free and voluntary act and deed for the afas and purposes herein eentionod. Gwen W40P ap hand and official seal this_ jq day of i" G.i�rw- 4 lilt.'..,.r i__ idlnp 1a 11N&WjLs..etfa. r lull*ate' r 3 Oranch :STK,User :8763 Order: 207156392 Title Officer: 41 Comment: Station Id :BXRI REEMADDRESS: Puget Sound Energy, Inc. Attn: ROW Department PO Bax 90888, GE"3E Bellevue, WA 98009.9809 1- 20050728000603.001 ORIGINAL EASEMENT EX IBE TAX NGSRE@100 REFERENCE k IftRe o on GRANTOR: PHAM and DU r GRANTEE PUGET SOUND ENERGY, INC. SHOF;rr LEGAL: NE 'A Sec. 16, Twp. 23N, RA. 5E, W.M. ASSESSOR'S PROPERTYTAX PARCELS: 1828069098 For and ih conskierallon of One Dollar (;1.00) and other valuable consideration 4t hand paid, MINH VAN PRAM and DAN MY DU, husband and wife, (%kwfte hareln), hereby conveys and warrants to PUGET BOUND ENERGY, INC., a Washington Corporation ("Grantee" heroin), for dta purposes hereinafter eat forth, a nonw cfusive perpehral easernant over, under, along across and through the Ibnowing described real property ('Property herein) in LONG County, Wad*Wton: THE SOUTH 165 FEET OF THE MOM 498 FEET OF THE EAST No FEET OF THE NORTHEAST'/. OF THE MORTHEABT % OF SECTION 10, TOWNSHIP 23 NORTH, RANGES EAST W.M.; EXCEPT THE.EAST 30 F8lr't' THEREOF; AND, EXCEPT THE WEST 308 FEET THEREOF; WMATE IN THE CITY OF RENTON, COUNTY OF RING, STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee'srights shall be exercised upon that portion of ire Property ('Easement area' heran) described as follows: AA lisseamentAmo_ lost Mm4Ahhw*V_ but agelichvAd1h cm each aide of a worlinedsBcOed as EASEM]ENT NO. 1 THE NORTH 5 FEET OF THE EAST 434 FEET OF THE HEREIN DESCRIBED PROPERTY; EXCEPT THE WEST 2d FEET THEREOF; AND EASEMENT NO. 2 ' THE NORTH 10 FEET OF THE WEST 25 FEET OF LAST 434 FEET OF THE HEREIN DESCRIBED PROPERTY. 1. Purpose. Grantee shat have tie rk;ht-to construct. operate, --mein, repair, repiaea, Improve. remove, enlarge, and use tha easement gree for ar)e, or -mors. uiifty systems for purposes of transmission. disc butlon and sale of elecbtcity. Such systems may include, but are not BnPoed to: Underground fadlftles. Conduits, Ines, dsbloi vaults, aatAm end trs wkmws for elecClO , mbar optic cable and mtwr Knee, cables and fe6n a nor omunmib uniodons; seuried or ground m0~ f§rnt hra and Peds, manhole, meters, lbltrtrpe, attachments and any and all otter>ediltas ar appurtenances neosesery or epnverhfent to any or al of the fpra8chg. Fotdwing Ira lnftl construction of an.or a portion of its systema, [cremes may. from time to time, mnsinx:t such addiKmnal fadOles ask may require for ouch sysionm Grantee shall hew the right of access to the Easement Area over and across the Property to enable Grantee to exercise Its rights harewder. Grantee shall wMpemsals Granter for any damage to the Property caused by Ore exercise of such right of acus by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cud, remove and dispose d any and an bn,eh, trees or other vageiaton In the Easement Area:. Grantee aha11 oleo nee dw right to conso4 on a continuing be* and by any prudent end reeaonabie m wvk the t and growth at brush, meas or opw vegetation in the IEsssmad Prue. S. Grantor's Use of Essament Are&. Grantor reserves the right to use the Easement Area for any purpose root Inconsistent otic the rights herein granted, provided. however, Grantor shat not construct of maintain any huilderys, sh"res or other objects on the Easement Area and Grantor shell do no b[asOnp wMM 300 fest of Grantee's fediffes mV*Ld Grantee's prior wrWan convent. a. Indemnity. Grantee agrees to Indemnify Grantor 4om and against liabRty Incurrrad by Grantor as a result Of Grantee's negliganoe In tWexercfea of the rights heraln granted to Grantee, but nothing herein shell require Grantee to Indemnify Grantor for that'pDNon of.any'such KabR[!y atlr@utatis to the negligence of Grantor or Oce regtgence of othsro. Pegs 1 *(2 UG Electric 11Mtt88 WOO 104140038 r REDTO 9x311 I1.MaP230SE081 nes Q(~ VEL M G'1 0� � NTlq� TING OCT u 2007 ' EC fNEID KiNG,WA Page 1 of 2 Printed on 7/2612007 3:21:25 PM Document: EAS 2005.0728000683 - 'Branch :STK,User :8763 Order: 207156392 Title Officer: 41 C—iment: Station Id :BM 20050728 OOM.002 u - PHW & DU WOrf 109190058/ REDTa 5W11 S. Abandonment. The rights twain granted shop continue until such time es Grantee ceases to use Use Easement Area for a period of ffva (5) suocesalve years, In which event, this easement shelf terminate and elf rights hereunder. and any improvements remaining in the Easement Area, shall revolt to or otherwise hecame Use property of Grantor, provided, however, that no sbandonment shall he deamed to have oxuned by reason of Grentee's failure to Initally inetall Its systems an the F.assmenlArea within any period of time From the data hereof. 0. Successors and Assigns. Grantee shall have the right to assign, apportion of atherwlse ftns r any or all of Ito rights, banefRs, PrWeges and interssts arkft in and under this easement. Without IkMng the generality of the foregoing, the rights and abllgadons of IN pardso shell Inure to the benefit of and be bindtsg upon their respeoll" aaoc®asors and assigns. DATED lflis day of 2005. GRANTOR: BY.- A4fnh Van Pham syY Dan My STATE OF WASHINGTON ) ) 88 COUNiYOFKING } On this _ RC1 day of = 20D5, before me. a Notary Public In and for the State of W ashhoon. duly coalxnisadoned and perso appeared Mlf#i VAN PFtA14t nre lohosm tb be the sl who azacuted the within and foregoing Inst ahem, and adtnowladged � signed the same free and volurftry act Bad deed for the uses and purpoeed twain OWEN under my hand and official asel data hmeto sffirted the day qnd Yew in this certificate first above written. IETTsgu/4yy�� 3 'OTAAY zw orslamprwrneof ) o r PB4tG = NOTARY Plf9t1C in snd N1 S Washington, reatding at �t �1i! �� '�•'" r�� aPPolntnent a>rpiree rases rrt, horn w"fstrOnm��6�11`� , • ._..._ STATE OF WASNINGTON ) )S8 COUNTY OF kiwi } On two day of ___;_� 2Q05, bpfcn me, ,, in and kF the State of Weeti Owh day wrnrrYFetarisd acrd swom,.persgnagy:appsand;E7Alj !? 33ii"°fb mi f;a'wrm to be the Individual(a) who amtod ft wtthin and trapping tnsturirent, and &*na Neat slQned the same as nd tory W and 'deed for she aero and purposed therein m ign d. GIVEN under my hand and offW91 seal this hereto elibad the day and yaw In this eartpcale ikst above written (Print or stamp nems of Notary) NOTARY PUBLIC in and for ft $tate of Washington, residing at W spPoN 80 s ties xwryar4 ut.ner �cr.awa.mrsy rerso� 1' � KING,WA Page 2 of 2 Printed on 7/26/2007 3:21:26 PM Document: EAS 2005.0728000683 DEVEEITY OF MEVrP or r 2 6 2007 1Vhen:Recorded, Return to. RECE, VED JOHNS-MUNROE MITSUNAGA PI LC _ Attention~~Uuaha Kolouskova 160.1 1 14th.Avenue S. E., Suite 110 Bellevue,, WA 38004......,. . 20070404000771 PAGE001 OF 014 EAS 45.00 04/04/2007 12:53 .KING COUNTY, IJA WATERUNE &; SEMENT AGREEMENT (Maplewood Apartments) Grantor:.. MAPLEWOOD-I,LC, a 1Vashington,lifilitod liabillfy company Gran'fee: PHA -M PROPERTY, LLC, a. Washing*Aimited liability company Legal Description .:' Lot 1, Poitras Plat, Vo. 126, Pg. 51-52' (Gratikor Property): .: Official legal description on Exhibit A Legal Description'... Ptn_ of the'NE %, NE 1/4, See, 16, Twp. 23 N, Rge. 5 F, (Grantee Property):= ::...: W.. ;Official legal description on Exhibit B 'Fax Parcel ID " 683840-€]01 Q (Grantor Property): Tax Parcel ID 162305-9%098..: (Grantee Property): ORIGINAL 5:1-Mo7i .„ Page,7 of.14 EXCISE TAX NOT REQUIRED ISI- WATER LINE EASEMENT AGREEMENT (Maplewood Apartments) THIS V -LINE EASEMENT AGREEMENT (this "Agreement") is entered into this :'��day of , 2007, by and between MAPLEWOOD LLC, a Washingt..on limited lialsility:co pany ( grantor"), and PHA1V1 PROPERTY, LLC, a Washington linZited liability conipaiiy ("Grantee".�. `'REPREISENTATIONS A. Grantor is' the. bwn,6 o.f a parcel of real property located in King County, Washington, lcgaf y described on Exhibit:`. xhibitA attached hereto Etre "Grantor Property"). B. Grantee is.'the owner of a.'parc�,Ipf real property located in King County, Washington, legally described oh Exhibit B.attaAed;her to'(.the "Grantee Property"). ' C. It is the intent of Grantoi, as"orrer of the Ger Properly, to establish an easernent'ouer, under and across a portion of the Grantor Property for the::-'iristallation, repair and maintenance of a water line and tithe `appurtenances (the "Water :Line" ). .IVOW, THEREFORE, based upon the above represeniations ,and considetation stated herein the,:adegiiacy�`of which is hereby acknowledged, Grantor and Gra-ritee hceeby agree as follows: 1. Gramt and .Location of Easement. Grantor hereby grants and -conveys to Grantee, its successors and :assigns, a noti-exclusive easement, fifteen (1 S) feet in width, for the purposes set forth fii�fein and reasoriable:ingress and egress over the Grantor Property for said purposes, as legally described, --on Ex4it.:C: attaq.hpd Hereto and shown on Exhibit D attached hereto (the "Easement Area").%., 2. Relocation of:�as�ment Area; Grantor'hlay, at Grantor's sole expense, relocate the Easement Area at any time, subject to'Gr ntee.'s appr0al which shall not be unreasonably withheld. Grantor shall provide:thjr(y.:(39) days' written notice jo. Grantee of Grantor's intent to relocate the Easement Area. Grantee shall provide its .dpproval or_ denial of the relocation, in writing, to Grantor within twenty (20) days of.receipi of Gr, 6t tar's notice; Any relocation of the Easement Area shall be performed subject to -any. necessary permits or...approvals from King County or the applicable health district. 3. Use of Easement Area. The Easement Area shall'be.for the'use,and benefit pf the Grantee Property and any present or future improvements loeafed thereon, sc&l' for the:puirtose of the installation, operation, repair, maintenance or replacemerii of'tl e 'Vater .Litie. ' Gxaritor may make such use of the surface and subsurface of the Easernent Area as ddes not: materially interfere with the rights granted herein; provided that, no trees, buildings, retair<ing malls; or,: stinilq permanent structures Area r shall be planted or erected within the boundaries of the Easement 4. Work Pcrfortned within Easement Area. All work related to the installation, oiler- tion[,'repair maintenance or replacement of the Water Line shall be the responsibility of Grantee at its sole .coat- -and expense. All work to be performed by or for Grantee within the E✓ sement :Area shall be }.et'fotrned 'ih- a: careful and workmanlike manner in accordance with applicable laves; codes; I-egulatioeis, and:=ardinances. Following the commencement of any work by` Grai*tee,:Gt•antee shall pl`ogecute tie work--w:completion promptly and in due course, so as to minimize gisraption Arid inoo6yenienee:t9`Grantbr,:or its successors or assigns. 5. kestoration of Easement Are` and%�urroundin Proport . If, in the exercise of any right to use the"Easement Area; jr the,,property adjacent to or above or below the Easement Area, the Easement Area or any improvements.;'or adjacent property is disturbed or damaged, then the party responsible'-Jor the damage or" disruption, shall. at that party's sole cost and expense, restore the same to its condition } rior.'to its darn age- or disruption. If such restoration is %not completed within a reasonabli,. period .of.:Iime' afit�r the d'a'mage or disruption, the party harmed by such damage or disruption may, -but shall not be•bbligated to, perform the restoration. In such event,: the party causing the damage or disxuption shall pay.tt the"party performing the restoration tete fiilt.cost thereof, upon demand. 5.1;=..Rest6.ration of Parking Lot. Notwithstanding anything herein to t13e contrary, all restor..ation work related to the parking lot shall be.eotrrplet� w think `thirty (30) days of completion ofihe Water Line installation. tic Maitatenance -of Improvements in_. Easement Area. ' :Grantee shall be solely responsible; at its'cast, for maintenance and repair of all improvements installed in the basement Area' -pursuant ta'tljts l�'aserrient... 7. Parry meirt far. Eastz tcnts. Grantee shall pay the total sum of Ten Thousand Dollars (S 10,000) to Grai3;or as cotisiderati�ari: for :this .Agreement. Grantee shall pay Five Thousand Dollars ($5,000) of tl�e tine of execution of. this.Agreement. Grantee shall pay the balance of Five Thousand Dollars {$5,000) upon completion of all...work to install the Water Line. Grantee shall pay any real estate excise taxes due in:�orknection with:the making of this Agreement. 8. Relocation of Waterline by Grantee. iii the event that Grantee is required by an agency with jurisdiction to relocate the 'Water`tine. ' th Grantor Preperty in order to comply with applicable rules and regulations, Grantee;shal.l be: perriiitted to relocate the Water Line and the Easement Area, provided Grantee shall pra,vide prompt written notice: of such relocation to Grantor. Such notice shall include information regarding the requesting agericy;'the reason for the relocation and the new proposed Easement Area.` .Grantor shall.`'havetwenty-one. days after receipt of such notice to object in writing to the relocation:. .Gran'tosr may, pbiect :to .such relocation only on the grounds that the relocation will adversely impact the value or utility pf-the Grantor Property. Any such relocation by Grantee shall be at Grantee's sole':expense�'. Water Litre Easement — Page 3 of 14 9. Amendment of Agreement in the Event of Relocation. in the event that the Fater Line or Easement Area is relocated pursuant to the terms of this Agreement after the completion of initial construction thereof, this Agreement shall be amended to include the legal description al'.the ne •as-built location of the Water Line or Easement Area. :10.: Right, of Access_ Grantee and authorized agents of Grantee shall have the right, at reasonable-4imes. and with 'reasonable'prior notice to Grantor, to enter upon the Grantor Property and make inspe�tiogs or tesis fot;purpoOs of determining feasibility and/or designing the Water Line, or for. o:fher.:purposes as set .f'or'th �ierein. Such work shall be done at Grantee's sole expense and in acoordaitce with the t4"m of thi%`Agreenient. 11. 1-t ns. In the evert that: a lien is 01lo(Y against the Grantor Property as the result of Grantee's activities ' Grantee shall immedi*,�Iy`toke all reasonable steps necessary to remove such lien and to protect Qfantot against liability r..esulting from such lien. 12. Assignment and Dedication of Easement. '-Grantee ay assign its rights and responsibilities to any public agerkcy wO j irisdicti•on. ': Grantee- lrpay dedicate the Water Line therein, or the Easement Area as a -whole, to the City of 'Renton or another agency with jurisdiction, :-Poth parties agree to execute any and. all documehts,,,ftecessary to coFnplete the dedication 0r oth-er transfer of responsibility for rnaintcttance aro- repair..of the ilnprove;dents in the Easement Area to a public agency with jurisdiction': Iri the event that grantee is required to assign or dedicate any portion of the Easement Area created by this Agreeinerit to a public agency;: the :.parties ; hall execute such documentation n may be reasonably necessary to complete such as or dedication. 13'. Duration,-S'dogessors and Assigns. The provisions of this. Ag-reelnent as set forth iheiein sha14-•continue in frill force and effect in perpetuity from the date of recordation hereof, unless terminated by thr-la tual agreement of the owner of the Grantor Property and the owner of the Grmtee'Property pursuant to, a-- ritten instrument recorded in the official records of King County, Washington. ..,Alj`telris. and conditions provided herein shall run with the land and shall inure to the benefit of, and be:tiindirig'_upon, the successors, assigns, personal representatives or heirs of the Parties herein. 14. Insurance Regi irertiehLt�, Granue shall maintain and/or cause its Contractor and subcontractors to maintain liability insurance covering .grantee's activities on the Grantor Property and insuring Grantor again-,f any injury or damage arising out of the Grantee's activities on the Grantor Property, including commercW' general :habi.lity coverage with limits of at least One Million Dollars ($1,000,000) per oc.currence- which. insurance shall name Grantor as an additional insured. Prior to commencing the u.ork, Grantee shall deliver to Grantor a certificate of insurance evidencing that the foregoing insurance.:is in effect. 15. Indemnification. Grantee agrees to indeTnnify, deferkd .`and told Grattto.r, its agents, employees and contractors harmless from and against any :arid all .causes of action, claims, liability and costs (including but not limited to reasonable" attorney 's, fecs acrd eosts);'and for any and all claims for injuries and/or damages suffered by any person, aril .for :any. W. all damage to property which may be caused by Grantee in the exercise af,its rights, duties. and. Water Line Easemera -- Paige Q of 14 obligaEions under this Agreement, including, without limitation, occurring as a result of: (i) the occul3atian and use easement Area, and (ii) work performed within the Easement Area by the Granteo, A8 agents, contractors, successors and assigns, provided that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person or property caused solely by Grantor'.s negligence. 16.� ;NLiscetlaneous. ' Attorne!'s Fees.' If a-ny suit or other proceeding is instituted by any of the *irties.'to this Agre6m6t arisi�g.out of o'r pertaining to this Agreement, including but not limited .to f ling suit or req*ting ao /arbitration or other alternative dispute resolution process,`�and appeals apd collateral; actrons' relative to such suit or proceeding, the substantial/y'Prevailing, party;-sha l .,kie.. entitled to recover its reasonable attorneys' fees and all costs and expenses film the stibstantially.non-prevailipg party, in addition to such other available relief:` 16.2. Notices. Afty, notice,.request.;''approval, ,consent or other communication required or permitted to be given. by any party to airy otherbereunder shall be in writing and shall be deemed to have been-duly_givep.,when de.livered.: 'ersonally or by. ----overnight courier; or. received following deposit a's prepaid. -certified mail::.�return`receipt`requested) with the United States Postal Service; and addressed to.the aprprapri.ate party.;at its address set forth :belo\&, or at such other address as such party shall have last desigpated'by notice to the: other, GRANTOR: Maplewood LLC 500 Elliot Avenue West, Suite A Seattle, WA 98119 Attn: Chris Rhodes GRANTED:: ., Pham Property, LLC t~id a -U_ Attn: 16.3. Entire Agreement, This-.Agrcem' etit represents. the entire agreement of the parties on the subject matter hereof and supersedes all prior negotiations and agreements related thereto. This Agreement may be modified; supplemented pr amended only by a written instrument signed by the current `6ners of the" Grantee Property-an.o the Grantor Property and recorded in the real property records of King County; Washington_ 16.4. Captions. The captions set forth in this - Agrcement..,are included: for convenience of reference only and shall not in any way-4im.it or affect"the.,meaning or interpretation of any terms or provisions of this.Agreement. Water Line Easerneni — Page 5: of 1 16.5. Governing -Law. This Agreement shall be interpreted and construed under a�1d governed by the internal laves of the State of Washington without regard to choice of lav<s provisions. 16.6. Exhibits. The exhibits attached to this Agreement are deemed incgVorated.•herein as though set forth in full. IV.-' "_Waiv6i,' Neeither the waiver by any party of any breach of any provision ttereflf,:-nor%Ahe fa1*I4c.'of any party in --seek redress for violation of or insist upon strict performance of,any�such provis-iq i, shal}'be.considered a waiver of such provision or any subsequent b each.'thefoof..: 16. S. Couhte!parts. ;This..A-ireement may be executed in counterparts, and each counterpart hereof shall be :deem:"ed to b6 an original instrument, but such counterparts together shall constitute but ane. agre'empnt.. [Remainder of page interidioq ally left: hlank:-s4gqtune pages follow] Water Line Easement - Page G of 14 IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be [Acknovvledafnent of Grantor] STATE OFWASHINGTON ) ... ) ss. COUNTY-OF KING } I oertify,that .0ow or have satisfactory evidence that C"'V'is the person who appeared before mand said person..acknowledged that r.,,\cek.,�n signed this instrument, on-oatlstaferi`that .vas a;-fhPi:#cd to execute the instrument and acknowledged ;t as'the _ ;ate 'o'fMaplewood Manager LLC, a Washington limited liability`Company, the Manager. and a `[nerirtbr of MAPLEWOOD LLC, a Washington limited liability coirhpany, to be:the Free andl.vi tturitary act of such party for the uses and purposes mentioned in the instrumOht. DATED:µ 3 1 z Dl (Print Name) Notary Public, Residing"at. , `: C ��• My appgJ.Btineht expires _ NotWry Public state of Washington OICR 10EHF:SCHUILE-1 :my Crjp M155ioREa(PIIRE$ Water Line Easement:— Pdke 8:of' 14" Mcknovvledgment of Gr•aweel STATE OF WASHINGTON) • } ss. COUNTY. -OF KING ) I certifY lilt I knoikf :or havq. satisfactory evidence that Johnathan Kurth is the person who appeared :bef6re. me and. -said persph acknowledged that he signed this instrument, on oath stated thkt%he was authorized to ex�c.0te the:'in-gtru'ment:and acknowledged it as the Managing Member of PHAM. PROPERTY: LLC,"4 Wasl- ngt4n lin3rted.hability company, to be the free and voluntary act of such party for the:use and p66ps'es. ilentioned in the instrument. DATED: fl. `X�� AM Bp��ti� •v` dpi• . 1 ++� 1, (Print Name) Qfary Publte, k�csidi�g at tp My appointment cxpires: C�ez�� k trIk 2-oo g WWA$&II�0 Water Line Easement Page 9 of 14 EXHIBIT C Legal Description of Easement Area :ice ��sc��rao3•F: :ITV n F- *,. bN,-. Aljk `,ft b` T 1�opxiov Ok' -Lo'T L Off 51 M PER PLAT R=,RDED IN 370LUlkE 1. 66: of Vias, 'A S 5x.,A D 52r•„RECODDS OF KING COUNTY, WASHTNQTO*, ; SCRIB£Ej:y, s: }4 5TH POP' LANT; .IH`iVIAG 15.00X'$ i IN.-MOTH,':St'I "ii 5.00 .FEET oy SucP WIDTH TO THE ZdGfo:- 00 FEF'£ CSF S TCH WIDTia 110 TFE LEFT OF A 61�TFRL.TNE„ D%SckT'SEk7 AS AT THE MST &15T-r1RLY NORTKNi+T CCfMUR:'OF SiiID AwrlG TfiE EMT L-199 OF SArD LOT 1 SQi]�f�` Qfl°57r 26" �$f, .; 9�. 5C FEET TO -MS TAUS POINT OF f3ECaI1�IIif^z.: p� SAID ITEI Tfr�NCE h014�'I� 89,06, C6" WMT, 139.'G'q,,: }^1rEi.: To E 1 IIN[1S pfi SF rD CENT rE.RLlK ,. ME SIDE I,1t ES €1F SAID STRIP, .0F �L7., ` 17 R7, �: E*E DP,1} OR Si oRT�NED TO MELZ AT ANGLE POINTS AND PERIAETIR UNE$ OF SAID I . 5iTUATE - 1-N..TBE COUNTY OF KING, S'TA3k ciF Wma-twT'oN.;, Exhibit c V EXHIBIT D: Location of Easement Area EXHIBIT A YEA TERL INE EA SEMEN T A POR770N OF M.E.4,`..N.F..114, :'SEC77ON 16, T. 23 At, R. 05 E., W. M., } KfNr COUNTY, WASHINGTON. r. � E 128TH STREET) i N.E.: 4TH: AVENUE `j' W LLJ W, SEE DETAIL ' ++r C/% f d (i) `r' EXISTING.15' WATER ` SHEET 2 OF 2 I Q W EASEMENT ':r --`� ------ _ o r n PARCEL A �RCEC B rLLJ PARCEL IR :, .,, p, R -CEL ID Q I Q� X3840-001 j 2 F r r EXISTING 15'- 'i— EASEiAENT00 -- - — - -i PR4pOSFD 15'. WATER Irgp CSI i EASEMENT ' EARCEL � » O LOT 1.:�OF'.-#OITRAS PLAT. AS PER PLAT RECORDED IN VOLOME ,126 OF PLATS, PAGES 51 AMD 52, RECORDS OF ICING: COUNTY. . 'STUATE IN. THE CITY OF RENTON. COUNTY OF KING, 67 STATE OF WASHMGTON, t Ltd EXPIRES: 9/24/07 THE: -.SOUTH 165:FM'OF VE NORTH 485 FEET OF THE EAST'66Q.:,-F'EET; OF. THE NORTHEAST: QWTER OF THE LIE-CENIN-4ETHETH R. ANDERSON NORTHEAST-'QUARTtR OF SECTION 1'6, TOWNSHIP 23 ;.. �>sNORTH. RANGE 5::EAST;W.M., IN DING COUNTY~, AlopWASHINGTON: EXCFE.T. THE EAST 30 FEET THEREOF; .4f$t .>� SVffE-c AND EXCeT THE NEST 206 F'E'ET THEREOF'.a .173z�"r`ara foga Graphic:Scale11 2�2-sesa O :. 125 250. DAMS—KURTH, INC. soN LVL n MM. tl 1" r :250' . TAX PARCEL NO. iszsoa—soca SHEET 1 OF � 11 EXHIBIT "A" DETAIL A A PORTION OF Nit. 114; )��t 114,:' 5FC,770N 16, r 23 N., R. 05 E., W.M., o, EXISTING 15' WATER,. N8.9*06'60"W ?0.$:28' EASEMENT 174 -0 -SPM J41vt PIAX 5[lr-C PM OX 417 nAVM--KUM, INC. 31.3 MON 191E N& IKM, 1!i PATI PARCEL NO. 162305-9M R EXPIRES. 9124/ MOST EASTERN HE CORNER OF LOT 1 rn 0 rn Lo La, 04 CL- Q E. LIME. LOT 1 ,ACING WASHINGTON. EXISTING FiR&YDRANT i I, N89t6`60"W 107.00' I .� EXIST]NG 15 WATER 1 I 1 I EASEMENT � - � S I I G7 I t-71 G r7 Li Eki$T:I ¢ i0" � QP�LVcc J. � � I 1 wATERL1M111= .. . .. Wecr.. r ---j 1 ��t . CO I !.6' P 1I_ 1 N89'05 06"W 139 Op' -----_ -- ----------------------- -b o:—TPQ$-�_ I I I I PROPOSED15' �s } I. WATER EASEMENT ,VREHYDRANTS:" _---- - _ o, EXISTING 15' WATER,. N8.9*06'60"W ?0.$:28' EASEMENT 174 -0 -SPM J41vt PIAX 5[lr-C PM OX 417 nAVM--KUM, INC. 31.3 MON 191E N& IKM, 1!i PATI PARCEL NO. 162305-9M R EXPIRES. 9124/ MOST EASTERN HE CORNER OF LOT 1 rn 0 rn Lo La, 04 CL- Q E. LIME. LOT 1 Printed: 10-26-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 9$055 Land Use Actions RECEIPT Permit#: LUA07-128 10/26/2007 02:20 PM Total Payment: 1,000.00 Current Payment Made to the Following Items: OEVELOPMe rr C'7y OF RplPV76PV ING OCT 2 6 2007 RECEIVED Receipt Number: Payee: PHAM PROPERTY LLC Trans Account Code Description Amount ---------------------------------------------------------------------- 5012 000.345.81.00.0009 Final Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 1#5382 1,000.00 Account Balances Trans Account Code Description Balance Due ------ 3021 ------------------ 303.000.00.345.85 ------------------------------ Park Mitigation Fee --------------- .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345-81.00.0008 Prelim/Tentative Plat -00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PUD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000-345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend 00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 Special Deposits .00 5955 000.05.519.90.42.1 Postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00 R0705792 I" 3 P, V W WV urs FT I w V• T NOT-r,S-. - GROUNDCOVER SHALL EXTEND INSIDE DECIDUOUS TREE CANOPIES - 00 NOT PLANT GROUNDCOVEP INSIDE DRIPLINE OF SHRUBS OR EVO. TREES - PLACE ONE (1) AGRIFORM PLANT TABLET CURS flu OR ALONGSIDE THE ROOTBALL PER EDGE.7 aED MANUFACTURER'S RECOMMENDATIONS JI .:xX. % e.. Gr'l-Oln'dr,over Spacing Detail N Sc le NOTES.. - TREE PIT SHALL BE EXCAVATED TO A MINIMUM OF TWO TIMES THE DIAMETER OF R007SALL OR CONTAINER - TREE CROYM SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS IT DID IN CONTAINER OR NURSERY - PLACE AGRIFORM PLANT TABLETS ALONGSIDE THE ROOTBALL PER MANUFACTURER'S RECOMMENDATIONS (1) 2X2XB' WOOD STAKE, 12 GAGE WIRE AND 3/4' RUMER HOSE TO NOTES: r. PLANT PIT SHALL BE EXCAVATED TO P, V W WV urs FT I w V• T NOT-r,S-. - GROUNDCOVER SHALL EXTEND INSIDE DECIDUOUS TREE CANOPIES - 00 NOT PLANT GROUNDCOVEP INSIDE DRIPLINE OF SHRUBS OR EVO. TREES - PLACE ONE (1) AGRIFORM PLANT TABLET CURS flu OR ALONGSIDE THE ROOTBALL PER EDGE.7 aED MANUFACTURER'S RECOMMENDATIONS JI .:xX. % e.. Gr'l-Oln'dr,over Spacing Detail N Sc le NOTES.. - TREE PIT SHALL BE EXCAVATED TO A MINIMUM OF TWO TIMES THE DIAMETER OF R007SALL OR CONTAINER - TREE CROYM SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS IT DID IN CONTAINER OR NURSERY - PLACE AGRIFORM PLANT TABLETS ALONGSIDE THE ROOTBALL PER MANUFACTURER'S RECOMMENDATIONS (1) 2X2XB' WOOD STAKE, 12 GAGE WIRE AND 3/4' RUMER HOSE TO NOTES.. TREE PIT SHALL BE EXCAVATED TO TWICE 1HE DIAMETER OF ROOTBALL OR CONTAINER, TREE CROWN SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS IT DID IN CONTAINER OR NURSERY. PLACE AGRIFOM PLANT TABLETS ALONGSIDE THE 9007BALL M MANUFACTURER'S RECOMMENDATIONS. 2X2XV WOOD AKES, 12 GAGE VARE AND 21 �I.ANfi L 6 NO SYM, POfANICAI NAME COMMON, NAME QV slz� spAtING frees , Acer circinatum Vine Maple, Ht, Lorcidiph4lum japonicum Katsura 6 2°Cal. Lharnae6uoarj5 w4. '(Arplom ArrnAl' Al L r -1 /d Teen raw as C1 C; 9:11' 6 -� hl, {�hama�c�parls obt�sa 'Ciracili!5 Compacta' Hooke Cqprc5'!5 I � � H�, `fhuja occ. T merald Green'� _ emerald 6reen Arborvi� 1 Ht, �0-1 0 C, qru5 Cal leruana 11 r 'Chanticleer1") -.,i 1)9 ��rub5 (areK /viorrowi! Var, Japanese sedq e 6� 1 qallon o,C, lrica x darlegensis ' Kramer' 5 red' Heather: 1 gallon o,C, ljoi5canfhU5 51n, Morninq light' Silver Grass .11 2 gallon CQ l`�andina domestica 'Gulf Stream' Gulf Stream Nandina�22 gallon Of, Thorium tenax '5undowner'Now Zeland flax gallon ierif5 japonica ilT of the Valleqq12 2-5 anon (D F, inns muclo 'Pum it io compact Mugo pine 17 2 gallon 09 rhododendron TJM Compacta' PJM Fhododendron 14 &2l If Ht, (0 ckimmia japonica 5kimmia 16 .2 gallon Magiccarpet Viraea japonica 'Maqic Carpet'2 ciallon 5piraea Viburnum davidiiPavid'5 Viburnum 2 2 gallon 05 Viburnum t&5 '5prinq bouquet' Pa�quet, Viburnum 28 2 gallon ��,,roundcaver Q,Cl fortune moral J H 601d �merald In' 6old �uonwU5 l anon 6 Ac,-Lo5taphqlo!5 uva-urs Kinnikjnnick 012 Ig allon 24'' O.0 , Not 5: Subgrade t{� b� ct q- -5carified and qraJed 5o that &eq are 4 below finis rade in all p Irrigation to Abe installed to irriclate all street tree5 and open spaces. roPO!5 areas A minimum o!" 41, depth of Pacific for5oll #,-211 5 ��-waq mix in all rropo!5ed land5ca e are or approved equal Minimum of depth bark mulch in allpropo5ed land5care beds Agriform3 [36-' i5t, or equivalent plant tab5 in plt5 hlantinq / �'takjnq per detail AIllastpmaterial 15 to conform to 11 /American Standard for NurserU Stock" Install free ("d-rate5per manufactures recommendations Install plant material per cit Of Penton 5 requirements Flan i5 diaramatic and field adustn�ent5 maq appy Column water feature to be vanish -in q water C no pool or Aand Ing Water) CALL BE-OREYOU DIG (I .800=424-5555) STATE OF WASHINGTON DF-VELOPMF REGJSTt�REU NT PLANNING CITY OP RENTON LANDSCAPE CNTECT OCT 2 6 2007 1TM*01j0"Ns0N PROTECT TRUNK awaM HOSE TO Oft lyr)),,� nT*VAM NO. 9W i . � PROTECT TRUNK MULCH LAYER: DEPTH RECEIVED 10 AS SPECIFIED (2* MIN.) MULCH LAYER; DEPTH FEATHER FROM CR WN AS SPEQFIED (2m W.) FERT TABS REMOVE BURLAP FROM TABS REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL, Top 1/3 OF ROOTBALL, CUT WIRE BASKETS CUT WRE BASKETS BACKFILL MIX; BACKFILL 'NX' . 509 SPECIFIED IMPORT 309 SPECIFIED IMPORT $OIL & BOX ON S17E SOIL & 50% ON SITE SOIL, WELL MIXED SOIL. WELL hOXED . . W.. t MAKE SURE BOTTOM OF MAKE SUREBOTTOM OF PLANT PIT IS WELL PLANT PIT IS YAUAPPROV19b 0Y; COMPACTED TO AVOID COMPACTED TO AVOID 0RAWNBY - SETTLING De No -':.c a I e No Scale 7— Coniferous Tree Staking Detail ciduous Tree - Staking Deto ..... .. . . . . 011 NOTES: PLANT PIT SHALL BE EXCAVATED TO TMCE THE DIAMETER OF ROOTBALL OR CONTAINER. PLANT CROWN SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS IT DID IN THE CONTAINER OR NURSERY. PLACE AGRIFORM PLANT TABLETS ALONGSIDE THE ROOTBALL PER 0 MANUF'ACTURER'S RECOMMENDATIONS. M La MULCH LAYER: DEPTH AS SPECIFIED (2- MIN.) 0 FERT. TABS REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL (REMOVE NON ORGANIC BURLAP COMPLETELY) & SCARIFY SIDES 0 BACKFILL MIX: SOIL WELL MIXED Shrub Planting Detail No Scale NOTES.. TREE PIT SHALL BE EXCAVATED TO TWICE 1HE DIAMETER OF ROOTBALL OR CONTAINER, TREE CROWN SHALL BEAR THE SAME RELATIONSHIP TO FINISHED GRADE AS IT DID IN CONTAINER OR NURSERY. PLACE AGRIFOM PLANT TABLETS ALONGSIDE THE 9007BALL M MANUFACTURER'S RECOMMENDATIONS. 2X2XV WOOD AKES, 12 GAGE VARE AND 21 �I.ANfi L 6 NO SYM, POfANICAI NAME COMMON, NAME QV slz� spAtING frees , Acer circinatum Vine Maple, Ht, Lorcidiph4lum japonicum Katsura 6 2°Cal. Lharnae6uoarj5 w4. '(Arplom ArrnAl' Al L r -1 /d Teen raw as C1 C; 9:11' 6 -� hl, {�hama�c�parls obt�sa 'Ciracili!5 Compacta' Hooke Cqprc5'!5 I � � H�, `fhuja occ. T merald Green'� _ emerald 6reen Arborvi� 1 Ht, �0-1 0 C, qru5 Cal leruana 11 r 'Chanticleer1") -.,i 1)9 ��rub5 (areK /viorrowi! Var, Japanese sedq e 6� 1 qallon o,C, lrica x darlegensis ' Kramer' 5 red' Heather: 1 gallon o,C, ljoi5canfhU5 51n, Morninq light' Silver Grass .11 2 gallon CQ l`�andina domestica 'Gulf Stream' Gulf Stream Nandina�22 gallon Of, Thorium tenax '5undowner'Now Zeland flax gallon ierif5 japonica ilT of the Valleqq12 2-5 anon (D F, inns muclo 'Pum it io compact Mugo pine 17 2 gallon 09 rhododendron TJM Compacta' PJM Fhododendron 14 &2l If Ht, (0 ckimmia japonica 5kimmia 16 .2 gallon Magiccarpet Viraea japonica 'Maqic Carpet'2 ciallon 5piraea Viburnum davidiiPavid'5 Viburnum 2 2 gallon 05 Viburnum t&5 '5prinq bouquet' Pa�quet, Viburnum 28 2 gallon ��,,roundcaver Q,Cl fortune moral J H 601d �merald In' 6old �uonwU5 l anon 6 Ac,-Lo5taphqlo!5 uva-urs Kinnikjnnick 012 Ig allon 24'' O.0 , Not 5: Subgrade t{� b� ct q- -5carified and qraJed 5o that &eq are 4 below finis rade in all p Irrigation to Abe installed to irriclate all street tree5 and open spaces. roPO!5 areas A minimum o!" 41, depth of Pacific for5oll #,-211 5 ��-waq mix in all rropo!5ed land5ca e are or approved equal Minimum of depth bark mulch in allpropo5ed land5care beds Agriform3 [36-' i5t, or equivalent plant tab5 in plt5 hlantinq / �'takjnq per detail AIllastpmaterial 15 to conform to 11 /American Standard for NurserU Stock" Install free ("d-rate5per manufactures recommendations Install plant material per cit Of Penton 5 requirements Flan i5 diaramatic and field adustn�ent5 maq appy Column water feature to be vanish -in q water C no pool or Aand Ing Water) CALL BE-OREYOU DIG (I .800=424-5555) STATE OF WASHINGTON DF-VELOPMF REGJSTt�REU NT PLANNING CITY OP RENTON LANDSCAPE CNTECT OCT 2 6 2007 1TM*01j0"Ns0N PROTECT TRUNK awaM HOSE TO Oft lyr)),,� nT*VAM NO. 9W i . � PROTECT TRUNK MULCH LAYER: DEPTH RECEIVED 10 AS SPECIFIED (2* MIN.) MULCH LAYER; DEPTH FEATHER FROM CR WN AS SPEQFIED (2m W.) FERT TABS REMOVE BURLAP FROM TABS REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL, Top 1/3 OF ROOTBALL, CUT WIRE BASKETS CUT WRE BASKETS BACKFILL MIX; BACKFILL 'NX' . 509 SPECIFIED IMPORT 309 SPECIFIED IMPORT $OIL & BOX ON S17E SOIL & 50% ON SITE SOIL, WELL MIXED SOIL. WELL hOXED . . W.. t MAKE SURE BOTTOM OF MAKE SUREBOTTOM OF PLANT PIT IS WELL PLANT PIT IS YAUAPPROV19b 0Y; COMPACTED TO AVOID COMPACTED TO AVOID 0RAWNBY - SETTLING De No -':.c a I e No Scale 7— Coniferous Tree Staking Detail ciduous Tree - Staking Deto ..... .. . . . . 011 ., � � 'F ` 'l/-A`'i`• ,/ L. � i T- .jtt""—tai Ma.r.- SANITARY SEWER 4 0 MIN WIDE SIDEWALK -�. .-- o o ) i : L .. ROJECT D'ATA Iwo, 4 a Q 4 T \REC, N0. 6662916 0 '�`n �,f `'c.r�. -- — �- — — �' NOTE: SEE SHEET SP --1A FOR ADDITIONAL DATA, --� � _ --- � �. � ! T0,_ BE REMOVED � � � I � �' SS: 343 UNION AVE NE o.SITE ADDRESS REN TON, WAO "1» h - _ N PARCEL NUMBER: 1 523059098 LO , � �.. �i 69,960 SQ.FT, ..� SI TE AREA: z :U CD s ririfler 1 c0 V _J L—,., ; : w �, ZONING: CA COMMERCIAL ARTERIAL � i. room ... T CORRIDOR DIST tu 20 - D �:. I �: I N _�� E 4th.ST � PROJECT APPROVED PER CITY of RENTON PUBLIC HEARINGFul 15 J L.RETAILma _..PLAT APPROVAL SITE PLAN APPROVAL L_ .J � � � � � � --� AIN � �- I USE PERMIT. APPROVAL SEPA �'` � -� �-- .� a gX1.6—r� t f I / r L ___1::�, p� �Nx_.LEVI CONDITIONAL N D I.TI ON A L I . �.. z. r� .n. _ K ��ECF _ _ w s_ _ _ .yk _. __- QUA --.:O6 138 P , ---" i I k 5:22 o I �� i a ��` I .PARKIN � . S B O VE - MIN'. 7 U NIT A n0E A i. .:z �, Planning Division �, A16 y o 5 7 9D 01(aWr=0 ... J - - By ------ Q I p J f 7 t F w �ti � C7 N 89 06 06 42 4.0 0 01 HEET �N X PA I otl5u1 Lot;) I N6 UIQ I NS 1�CIVIL ==- i SEE CIVIL ENGINEERING INDEX 'D x IARCHITECTURAL 2&S(5 ar z o I 11 1 17)� � P-1 TITLE SHEET, SITE PLAN, VICINITY 6 MAP REALTY ADVISORS HORIZON !, W —1 A PROJECT DATA 3811 N. E.. 3RD CT, 162305 9124[ CD 1 1/8 MAIN FLOOR PLAN 4 PARTIAL MAIN �1A 1 UPPER FLOOR PLAN / / 1. HOME FLOOR PLANS Q UNIT 7 6 y!f 1 B 1 /4 TOWN 3O,— -710 1 /4 TOWNHOME FLOOR PLANS UNIT 8 fit �- 12--6 -1 F 1/4 TOWNHOME FLOOR PLANS UNIT 5/4/3/2/1. 12 „ „ 12 —6 drive one MI drive n A—fi EXTERIOR ELEVATIONS NOT ALS A-7 EXTERIOR ELEVATIONS WEST SIDE OF UNION AVE h FROM 3RD PL TO 3RD CTL 0' I 01 LANDSCAPE proppo ed SEE NDSCAPE DESIGN INDEX V X -.., Y � rpar ki n I a n e---.� v Y � LLJ 2 :, e sten A L� d I �- 5i �eYJq€ i 1 c r or builder >x l _ I }}� � I � 1. Contra to must verify all dimensions. I before proceeding with i }}} WEST Bc. EAST SIDE OF UNION AVE r � � t � CURB. CUTS � ,construction; ' 8 1 9 EXCEPT 5f 1 2 � 161 7 PLUMBING 15_'; ` j 2, 'l'hie plan was designed w ---�� /��- r e ed throu hout Z BIDDER U ES l T �- to be markt I Cp many municipalities. The purchaser must verify MECHANICAL Q I 04 compliance with all local 14 CD UBIDDER DESIGN-- UNDER SEPARATE PERMIT applicable building nodes where the home is to be I < constructed. ELECTRICAL �- 3. Purchaser should. have BIDDER DESIGN-- UNDER SEPARATE PERMIT plans reviewed by a lio- / ensed builder and struct-ural engineer for compli-- ance to specific site con - BIDDER DESIGN UNDER SEPARATE PERMIT ditpne. I 1-- PROVIDE MONITORED FIRE ALARM SYSTEM FOR SPRINKLER SYSTEM 4, These plans should not ,� „ . 2— PROVIDE SEPARATE WATER TAP FOR SPRINKLER SYSTEM be altered by other than a Archi „ ectorde€true ural engineer: , 3— SEPARATEI PERMITS REQ. FOR UNDERGROUND FIRE MAIN, IV I V TV N OTE; FIRE SPRINKLER SYSTEM, AND FIRE ALARM SYSTEM .. �� PLArd i�� I[ SS SEE CIVIL DRAWINGS FOR SITE RE UIREMENTS SS SS of .� Ptanring LDMLT-10U 1AN_ R 0 T T U A L�m KOWNERZDE'VELODIER: _- 5U I L� I NG r=NCL0!5URr= �IQT� GALLOWAY @ THE HIGH LANDS, LLCoil . I � - MAY � , L 1�� THS3U1LD N 05/12/10 ALL MULTIUNIT RESIDENTIAL WILDING5 51, AL_ U E R SITEFLAFAR-cTo DURING CONSTRUCTIONTACT. M! KE BA D . ENCLOSURE 1NSP�CT�D �Y ,4 G2U�LI�II�U NS�� R DCON � � ?aI UI MENTS OF 1 THROUGH I E1.51a48 AND REO SERVICES LLCED f, � �, ,4Ni7 MEET REQ R� , � . _; NEW C� SCALE. 1 -� 20 -0 R CW 64,55.030 1002 39th AVE SW -- SUITE 304 03/2&/201 OWNt=tui LDIN PUYALLUP, WA .98373VI5IONS p.. (253) 881 --.-3034 SP