The URL can be used to link to this page

Home My WebLink AboutReport 1~1,t,--{ ' LAND USE HEARING SIGN-IN SHEET Mission Healthcare at Renton/LUAlS-000736, ECF, SA-H, CU-A December 8, 2015, 11:00 AM PLEASE PRINT LEGIBLY ADDRESS Phone# with area code Email NAME (including City & Zip} (optianal} (aptianal} c~ -1-"-\-I \ 'Pf \l='o;.,,.D,c.~ '\:)o,v'i? %1.A~?D3 26 3 <ts~ '+-tS1 r:::., G. 1--l-.A.D AD(( ,rA. <'\'(3':",~ 0 o .. i O,c ii :c,. ! ~= 111 !l!e !20 w . ' z n z hi j .... ... ~ w t: "' i8 18 ,,-, _ • .:?1__ __ 7Etf-i ,,._ ____ : '-'"'\,';.",~'""""_ M',i"""o•¥Mm....., ·-!;~~-- ;~;.;"•QOR SECTION AT ROOFTOP MECHANICAL EQUIPMENT SCREENED BY MANSARD I ,,.,, _______ _ ~"'=-11u1 1 __ 1 j;.lli}"-'l.'19!!. ;:s~R--' -{f,"'U~ ,it.?&.":~~\'.,'~~i.,:,'tl.'!.i, SE 174TH STREET (NORTH) BUILDING ELEJATIO~ or-.o,NC,-o£,N ... TAl""""""• ... '"''-=" ...... "IGHT"'Ol'ID"' ..... , .• Anrnt,EOFl6ES,CEME••S101NG,cc,ao",oo'"'"COF'""-""'"' 1oan\ PL SE (WEST} BUILDING ELEVATION ,_________r SOUTlt BUILDING ELEVATIO~ EAST BUILDING ELEVATIO~ -HDI ~··~'""'" M:~~~AAE BUILDING ELEVATIONS SA2 ~ i' a: ~ ,' ~ J'i Ii: I ~ ~ ,, ' ,, IE) ROOF PLAN c5 nnn,------i THIRD FLOOR eJ.A.r-.! c5 ~-,-,-I,.., -HDI- ""'.;.,'::-;::'" M~~~~~A~AAE THIRD FLOOR AND ROOF PLANS SA4 Ii ' (/J _ ! ffi iii ~ (D ' -! ,__ _____ c_A_R_E_A_G_E _____ _, EEID f!l.16:,HJ.~l.ll"i'im, 1•1 MISSION HEALTHCARE AT RENTON SITE PLAN ' !l ~!, jJ i ,. 1' n ,, SE 1/4 OF THE SW 1/4 OF SECTION 29, T, 23 N., R. 5 E., W.M., KING COUNTY, WASHINGTON r~=-~~- ,tl 1) ~\J-!Jt lU Gt-,RAL l'-'[S >OR fhE •CAR 20\5 l"-" l>CCOUNT NO 29,JO; S04' 06 NOT ASU""!'W.lTlR l) SUBJ~ST TO r.c,u, ce~•C[S """''" elCOSJl>fG "U~B[S '20<020522 S(IT ~ SUOMY "'-""f[O FlENTvHS>0fITP...AT.LUA1'!-<JDD1l'E nECoru>ffi_..,,.,,.,,~=00012 ri ,, ~i !I~ H ""' ·~·" "' -. ··-·::\\,v~( ,_N Ir\~·-" ----=o• <>om,::,;,;::,:,;"~·· c,oo,,,"<;;::~~Nsm, ~····;::.,-"' I ----it--~s~:.,,-·t,,_ ... ,,, . .-·-0111 = 0 = ~ ·--···· .,_:,.=--··· ... •,:; .. ····-· ---..,,. I' ' "----·.I: ., ·-··~--·-"' "·•··-· . \i:°~='I --"·-.. =~.,, -i>il' :::;-:;:.,;;:;:;:,.,.,.,,= "" '"' ,;,:~· ... _ -., ---------. i n t !1:~·~:t[~:;~;t;:~:;~:;;~: :t;f ~;,~~'."~~~~::E:--~= c-=,., SURVEY _R_EF_ER_eNc,~ 0) SUSJ[CT TO Til'.1 E>SE~E"<T .....0 fl<[ TEOl<S mo CON[l(TJ(INS PARCEL C OI' OOUNDAAY UN, """""'Me.NO N~ a~,couo• REC1l'1D£D-L 2(i 1091 UNDE• REOOROl'IG NO 910-<2~1~02 IN "'"C COVKIY W•SHl<<;TQN R1-R!:=E<:'.J~"'-""UNE>OJUS1-JNOW4L0060 R<ro<tOCOI.INOCROU:ND.910-<l6160l rHt•t0ttEt'tG<JN"EINIC"11flN["'IC£SPER·NSmuMENTRCCOOOED UNJ[' O[CORCi"G "0 •41;,;o.068 YJ0 l.OS(~[NT IS D£f'1Cf£D HEREON @ ~~,ru- =<~fN'a.SOESCRrnm SDITT1CULrTOcm:RM<N[DACTUX,,T!ON""0 JH[ lOC,.11()" ~l<c""" H[R[ON IS 5LJSJ(CI TO INT[RPR£TAT<ON ,.W IN$fR'.JMcl<l JS> R[-R(CORO OF 0£C0R(Jl"G N~ 201>0.1'002615. e,coaorn scP":~orn 1:i 10,:i BASIS OF HORIZONTAL DATUM ··---·--··-S<A<E.•'-""",O,,,•..._TFSYSTFU,NJWl!.J/-11 CIT"r or RENTON "1:RTICJ.a. CONTROL ... O!M.IENTlfO l91~ ,oc,urnAT;HE IKTE/!S(COONOrBENSDNOO.S""O EUV•IION • Ja086H.U • lH(l<;OR..,.T!OffCi)H!-'JN(OlNWISSUOV(YIST•,:EN ffiOU'1Wl00Wi\/ATIOM5"'l><H!OMJ>NU....r1S-2J.201> R2 RE>ITONS>!Oa!PU.IHOLU,1J-0061SRECOROSDUNOEI< BASIS OF BEARINGS· " """'""' , o,-...0:N FOLINO r,QNUtoEIITS ~T THE SOIJJ"""'S1CORNto.,.DSOU!HQU<R'IERCORNfROFSECTK)!,J ,.,.,.,,~<ST~[,w;,SOFBtAANG>Oi<l>OSSURvfl mis -COORECT\.Y R[PRESC'll'S A Sl,/R\l[Y U<OE B'fMl o• UN<lf;N .... OIRECTlONIN 1 CON;()".....:;CMTHTt<tOEO!J>OEt.1EffTS0Flh[>PP•Ol'R'"l£ ··~----------------------------------------------------------~ !!U fl !. i1 tl ! ,I ,J. fi 'f ii ! - tl ~ ml u z ! 0 ! 1-z w C: WI~~ ('J C: c <( <( ~ w O 8 c: I~ <( I-z 0 ;i! ~ w~ I z 0 U) en ~ i EX"Ot "'" .... """"""--.''\"" ......... ,-.,.,~, ""'"'''1'1"'' ,,~ ,,,. .... ,.-....... o'~ •~ .~ ii ·, ~ I ~ ~-:: 1-------c_A_R_E_A_G_E _____ -1 IEII !!!.£J~-:l!l" .... 1o1'T~r.1.1 MISSION HEALTHCARE AT RENTON •••-•""~· ,,.-"'"'-"',: CONCEPTUAl GRADING Pl.AN W.ISHt!GTOff ~,~•·.r:"" I :::,. '"'.;Q....., I :::::.::.,-:__. G\ ' ;l h PLANT LEGEND rn. ,..,r,~ l"I.A>ff erec1~&. DT • D~ TOLE'""'1if l"L.'NT l>l"ECIE&i i w,~"=•- .( ~~"-··-···~· , ,.,,,.. ... ll-)!""'"'"\=""J-Toc:1<4Tl'LP'P"-- C,~id ..... l .... J•P"""'" J KATOIA'. TIOl'E ~:,c~=.o,--, -"''""""""/Vf>E,.,.,.,_i; ~.6t£t1H_'"'-. ~,,........_...,..~, .. ,..._!>C>!! .... >«X/C.,.,.,..,!6 _,,_,,,,"V...._._,11'o"!f•Mld/VAND~PT]'<,\1'11P (j ="-···-···-~·--0 ~.;;.:;-~---,~-~--0 -~ ..... ,~~--,-= 0 0 ·~··,.·-····-=·---°" ~-~.,-.. -·~,-·~oo•oc•=c 0~ 0p, ..... ,_...,. ... ~.i"""-"'-"~,>.,---,16T ... J ...... ,> 0: ::::·::::;;::••';-=co 0 0 -----·,=·~~--® '"90 .............. ._,,_,,,,.,"'-"""""""" .......... ""'"_,,. 0 --.. --"-~-0 ::;--~-~·-·-·,--, D=··~~~··--· o~;.."":',..,:;-:::--·,-= =--·---.. ···-·-~·,,..,_ .• , •• oc.i:,&I". G]J;::;],_,, •. , •• ~·- Iii] . 0 -~ ~ . ,{_ ~~::.-:~':'::.~-,.=-·- ,/[£ [ill]::;:.~:,;::7,;.-~ FlRR1 c,_,,,_ ~-~~, ·~-,- W::Qill •""'-• "'"ClC.l:,e/" ~---,-,,~-o~-~-"'°_" __ u ~IG,0,/..•WOC",..- o~.:Jt:;:;;:-~,;.-U-·- ,I_ [m.-:::~:~-,~-~·-· FE~~;~J"AIL 1·~· --·;, ~~~~~""""" DECIDUOUS TREE P~T~TING &_~_T!'\KIN9,Q_ETAIL -~~'r" -l">.a•, .. ct<1l•EAIED ~.41..L-e,JIO!.M'AND ........:""""1AU."'--""'<T&ANC .... ,,,,.....,,......,_ ......... ......,.,,,,rnr•=~• )"6ETTLEC>t>EPT>+Hl'OI\J'11=-~,,:'-~~~,.;;t ~~~'1,;~,.,,,.,,~ :::j':~~ CONIFEROUS TREE PL.ANTING & STAKING DETAIL ~~-\ ==== GROUNDCOVER SPACING DETAIL u i p i!3 l1 H "=---::-::--~_:______-----=--==-- m,-.,.·oc,---· ·-·-=-o-,{_ ~~.,-.. -,~.-~,~~-~='°- ::::::::r:-,=~,-- i ~;1 ! -u ! $ ill rl! i "' l, ,j . ~ -'I 'I ;i !i ~ ~~li !i ! - m )· ,I !] ' z i o I f-z w a: ~~ f (') a: C <( <( • W () C ~ ~ ~ () _J ~ <( a w~ I• z 0 U) (J) ~ ! ' LA-02 ! ! I ! ! \ ! ! i l ! • ' ! l j ! I , ' ! l,j Ill! l l! F i I, i! u i! l :·1 :-Tli r· va5 ---... ~~ .. :/n'll "_,,,_ C~;~ __ _ PA'll~ENl ~- --~-=:~ ·n .. ' """·-~1 ---· \_,a':::~, _"!fO•L_____ / •-- ~~:.~'~' 106TH PLAC~ii B·B ROADWA::::;~~; . SE 174TH STREET !'!OAl;l~rJ~~!!.Q!i.M T ~- ~------ ' z i 0 ! 1-z w rr ~ UJ I w. C, cc: Q ,=:: <(ti UJ O ~ CC I~ ~ ~ ~ <( 0 w I z 0 iii (/) :E ! " DT-01 5c;6sa,c,s Denis Law Mayor December 23, 2015 George Stephan Careage, Inc. 4411 Point Fosdick Dr, Suite 203 Gig Harbor, WA 98335 Subject: Hearing Examiner's Final Decision RE: Mission Healthcare, LUA-lS-000736 Dear Mr. Stephan: City Clerk -Jason A. Seth, CMC The City of Renton's Hearing Examiner has issued a Final Decision dated December 22, 2015. This document is immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov); • To be viewed at the City Clerk's office on the ?'h floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $2.10, plus a handling and postage cost (this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of 1055 South Grady Way• Renton, Washington 98057 • (425) 43Q-6510 / Fax (425) 430-6516 • rentonwa.gov • Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, .j[JJ cc: Hearing Examiner Roca le Timmons, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Ed Prince, City Councilmember Julia Medzegian, City Council Liaison Parties of Record (1) Denis Law Mayor December 23, 2015 George Stephan Careage, Inc. 4411 Point Fosdick Dr, Suite 203 Gig Harbor, WA 98335 Subject: Hearing Examiner's Final Decision RE: Mission Healthcare, LUA-15-000736 Dear Mr. Stephan: City Clerk -Jason A. Seth, CMC The City of Renton's Hearing Examiner has issued a Final Decision dated December 22, 2015. This document is immediately available: • Electronically on line at the City of Renton website (www.rentonwa.gov); • To be viewed at the City Clerk's office on the 7'h floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $2.10, plus a handling and postage cost (this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 1DO(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of 1055 South Grady Way• Renton,Washington 98057 • (425) 43o-6510 / Fax (425) 430-6516 • rentonwa.gov • Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, cc: Hearing Examiner Rocale Timmons, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Ed Prince, City Councilmember Julia Medzegian, City Council Liaison Parties of Record (1) December 23, 2015 STATE OF WASHINGTON COUNTY OF KING CERTIFICATE OF MAILING ) ) § ) JASON A. SETH, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that he is a citizen oft he United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 23rd day of December, 2015, at the hour of 4:30 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail the Hearing Examiner's Final Decision RE: Mission Healthcare (LUA-15-000736) to the attached parties of record. SUBSCRIBED AND SWORN TO BEFORE me this 23rd day of December, 2015. Easy Peel® Labels Use Avery® Template 5160® George Stephan Careage, Inc 4411 Point Fosdick Or, 203 Gig Harbor, WA 98335 Kelly Callahan 4411 Point Fosdick Dr Suite 203 Gig Harbor, WA 98335 ttlquettes fadles ii peler Utilisez le gabarit AVERv® 516o® I I I ' & - Bend along llne to I expose Pop-up Edge™ j FeedPape,- ... Sens de charaement Repllez A la hadiure afin de I reveler le rebord Pop-up"' J I' AVERY® 5160® 11 ' www.avery.com 1-800-GO-AVERY 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: Mission Healthcare FINAL DECISION Conditional Use and Site Plan LUAl5-000736, ECF, SA-H, CU-A Summary The applicant has applied for a conditional use permit and site plan approval for the construction of a new 55,400 square foot, three story convalescent center containing 60 beds to be used for short term rehabilitation services to be located at the southeast comer of SE 174th St and I 061h Place SE. The site plan and conditional use permit applications are approved subject to conditions. Testimony Rocale Timmons, senior planner for City of Renton, summarized the proposal. Laura Bartenhagen, project engineer, noted that the applicant is limited to eight foot retaining walls while the adjoining McDonalds has much taller retaining walls. The applicant is proposing thirteen foot retaining walls. Ms. Timmons noted that retaining walls are necessary for the project because there's a grade change of 30 feet from east to west. There is a very large 20-25 foot retaining wall along Benson as asserted by the applicant. Since the construction of that retaining wall, the City has adopted standards limiting CONDITIONAL USE and SITE PLAN -1 2 3 4 5 6 7 8 9 IO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 retaining wall height to eight feet. Staff is recommending that the applicant comply with the eight foot standard. The standard can be met by terracing in this case. Exhibits The December 8, 2015 Staff Report Exhibits 1-16 identified at Page 2 of the staff report were admitted into the record during the hearing .. FINDINGS OF FACT Procedural: I. Applicant. Careage Inc .. 2. Hearing. A hearing was held on the application on December 8, 2015 at 11 :00 am in the City of Renton Council Chambers. 3. Project Description. The applicant has applied for a conditional use permit and site plan approval for the construction of a new 55,400 square foot, three story convalescent center containing 60 beds to be used for short term rehabilitation services to be located at the southeast corner of SE 174'h St and I 061h Place SE. The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The project site is 76,615 square feet in area. The existing site is relatively flat with a slope from the east to the west sides of the project site. The pervious portion of the parcel is generally pasture with an existing coffee stand and access road. The topography of the site slopes from approximately 380 feet on the east side of the property to approximately 350 feet on the west side of the site. The steepest slope on the site is approximately I 0% along the eastern half of the property. The applicant is proposing several retaining walls ranging in height from 2 to 13 feet in order to support grade changes on the east and west sides of the building primarily for parking. RMC 4-4-040(E)(I) limits the maximum height of retaining walls to 8-feet. At the hearing, the applicant argued for retaining wall heights that exceed 8 feet on the basis that an adjoining property has higher retaining walls. However, RMC 4-4-040(E)(1) was adopted in early 2015 and there was no 8 foot height limit in place when the retaining wall on the adjoining property was constructed. The examiner has no authority to waive the requirements of RMC 4-4-040(E)(I) absent the application for a variance. Therefore, as recommended by staff, a condition of approval requires the applicant to revise the site and grading plans in order to comply with the maximum retaining wall heights. CONDITIONAL USE and SITE PLAN -2 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4. Adeguacy of Infrastructure/Public Services. The project will be served by adequate infrastructure and public services as follows: A. Water and Sewer Service. Water and sewer service will be provided by Soos Creek Water and Sewer District. Sewer and water certificates of availability will be required prior to the issuance of any construction permits. B. Fire and Police. The City of Renton will provide fire and police service. Fire and police department staff have determined that existing facilities are adequate to serve the development as conditioned with the payment of fire impact fees. C. Drainage. Public works staff have determined that the preliminary design and technical drainage review submitted by the applicant is consistent with adopted city standards. The drainage review is entitled "Technical Information Report," ("TIR") prepared by ESM Civil, dated October 7, 2015 (Exhibit 6). The project is required to comply with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapter 1 and 2. Stormwater detention and water quality treatment would be provided within a combined detention/water quality vault under the parking lot located in the southwest corner of the site. The combined detention/water quality vault would discharge west to the existing stormwater conveyance system in the intersection of SE 17 4th Street and 106th Place SE in the project's northwest corner frontage. The stormwater drainage conveyance system will be sized as part of the final TIR to convey the 25 year design storm event and to contain the 100 year design storm event. The approximate vault footprint is 40 feet wide by 125 feet long. Additional water quality treatment would be provided by modular wetlands/stormwater biofiltration systems for any flow that bypasses the primary water quality vault. D. Parks/Open Space. As conditioned, the proposal complies with applicable open space requirements and is therefore considered to provide for adequate open space. The project site is located within Design District "D" and is therefore subject to the District "D" open space requirements of RMC 4-3-IOO(E). As discussed in the staff report, those standards require a total amount of open space of at least I% of the site area and I% of building area. The combined site and building area for the proposal is 132,015 square feet, which results in a minimum open space requirement of 1,320 square feet. The proposed development includes approximately 1,575 square feet of pedestrian-oriented exterior recreation areas and common open space within the courtyard for resident use and approximately 1,000 square feet of landscaped common open space along the pedestrian approaches to the building entrances. These recreation and common open spaces are proposed to be provided with concrete paths, path lighting and seating areas. CONDITIONAL USE and SITE PLAN -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 E. In terms of serving as distinctive project focal points and providing for adequate areas for passive and active recreation by the occupants/users of the site, the applicant needs to provide additional information. The primary southern entrance would be sheltered by a connector canopy to a covered vehicle drop-off for use by the skilled nursing residents and their families. The elevations submitted by the applicant do not include details for the urban amenities such as seating areas, lighting fixtures, public art, or vertical landscaping. While the plans do indicate color stamped concrete in this area, additional details are needed to ensure the proposal establishes a quality pedestrian experience along the street and at the entrances for the building. Therefore, as recommended by staff, a condition of approval requires the applicant to submit a detailed common open space/plaza plan which includes specifications for pedestrian amenities that add to the pedestrian experience and the human scale intended for the development. Any applicable park impact fees would be assessed during building permit review. Compliance with the City's park impact fee ordinance sets the standard for adequate provision for parks. Transportation. Public works staff have determined that the preliminary design for traffic circulation and improvements satisfies applicable city standards. The applicant submitted a Traffic Impact Analysis ("TIA") prepared by Concord Engineering, dated October 21, 2015 (Exhibit 8). The provided TIA was found by staff to meet the intent of the TIA guidelines and is generally acceptable for preliminary review with recommendations for minor revisions which are not anticipated to change the likelihood of significant adverse impacts. It is anticipated that the proposed development would generate approximately 422 average daily trips with 31 AM peak-hour trips and 41 PM peak-hour trips. The TIA established to the satisfaction of staff that the level of service of potentially affected intersections will not be lowered as a result of the project. Access is proposed via 106th Place SE with an additional connection to the neighboring commercial property to the east. The project will utilize the three existing driveways as access points to the surrounding street network. No additional access points are proposed as a part of the project. As conditioned, public works staff have also determined that the proposal promotes safe and efficient pedestrian and vehicular circulation through the shared access points and also provides desirable transitions and linkages between uses, streets, walkways and adjacent properties. The proposed pedestrian circulation system helps to promote a walkable, pedestrian oriented, community and would provide eventual linkages to SE Carr Rd and 108th Ave SE. Existing vehicular connections to abutting uses are established. However, it appears the site plan does not provide code required connections to neighboring properties (specifically to the east) or to the sidewalk proposed along SE 17 4t St. As recommended by staff, a condition of approval requires the applicant to provide additional pedestrian connections to the circulation system. CONDITIONAL USE and SITE PLAN -4 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 F. Schools. As a senior care facility, it is not anticipated that the proposal will create any increased demand for school services or facilities. G. Refuse and Recycling. RMC 4-4-090 sets the standard for adequate refuse and recycling facilities. Under this standard, a minimum of 2 square feet per 1,000 square feet of building gross floor area is required for recyclable deposit areas and a minimum of 4 square feet per 1,000 square feet of building gross floor area is required for refuse deposit areas for a total of 324 feet for the project. The applicant is proposing to locate the refuse and recycle utility along the southern fa~ade of the structure with an area totaling 388 square feet, which complies with the requirements of the code. However, the proposed elevations do not specify the proposed materials for the refuse and recycle enclosure. Therefore as recommended by staff a condition of approval requires the applicant to submit revised elevations notating proposed materials for the refuse and recycle enclosure. The enclosure shall be made of masonry, ornamental metal or wood and shall be compatible the primary materials of the structure. H. Parking. The City's parking standards set the standard for adequacy of parking. As noted at p. 7 of the staff report, RMC 4-4-080 requires a minimum of 56 parking spaces for the proposal. The proposal includes 56 parking spaces as required. Per RMC 4-4-080F.11 the number of bicycle parking spaces shall be 10% of the number of required off-street parking spaces. Based on the proposal which requires a minimum 56 vehicle parking stalls, 6 bicycle parking stalls are required to be provided. The applicant is proposing bicycle rack, with 6 bicycle parking stalls, near the service/staff entrance. 5. Adverse Impacts. There are no significant adverse impacts associated with the proposal. Adequate infrastructure serves the site as determined in Finding of Fact No. 4. Impacts are more specifically addressed as follows: A. Aesthetics. According to the staff report, the proposal will not adversely affect view corridors to shorelines and Mount Rainer. As noted previously, the project is subject to Design District "D" design guidelines, which provide detailed standards as to project design, including building materials, site configuration and transitions to adjoining uses. As detailed in the staff report, with recommended conditions adopted into this decision staff have found the proposal to be consistent with these design guidelines. Similarly, the staff report also finds consistency with the City's landscaping standards. Since the proposal will not adversely affect view corridors and is consistent with the City's detailed design and landscaping standards, it is determined that the proposal will not create any significant aesthetic impacts. Roof-mounted mechanical equipment is located behind pitched mansard roof forms in order to prevent visibility from the street. The applicant did not provide details for surface CONDITIONAL USE and SITE PLAN -5 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 equipment and/or screening identified for such equipment. As such, as recommended by staff: a condition of approval requires the applicant to provide a detailed screening plan identifying the location and screening provided for surface and roof mounted equipment. The staff report does not identify whether loading areas will be located at the facility and it is unclear whether any are proposed. The conditions of approval will require that loading areas be located, designed and screened to minimize views from surrounding properties. B. Compatibility. The proposed use is compatible with the scale and character of the neighborhood. Surrounding uses are composed of a storage and dental office, a McDonald's, a chiropractor office and multi-family housing. The proposed use is of less intensity than these uses and will not involve any buildings that are significantly out of scale with these uses. C. Light and glare. The application narrative indicates that building lighting will be utilized to complement the architecture of the building and to provide for safe vehicular and pedestrian circulation. Light and glare from the site would primarily consist of street lighting, security lighting, exterior lighting and headlights from vehicles entering or leaving the site. However, a lighting plan was not provided with the application. The conditions of approval require a lighting plan that demonstrates compliance with City lighting standards, which include avoiding unnecessary light spillage onto adjoining properties. D. Noise. The City's noise regulations, Chapter 8-7 RMC, sets the legislative standard for noise impacts and will adequately regulate noise when construction is completed. It is anticipated that most of the noise impacts would occur during the construction phase of the project. The applicant has submitted a Construction Mitigation Plan that provides measures to reduce construction impacts such as noise, control of dust, traffic controls, etc. In addition, the project would be required to comply with the City's noise ordinance regarding construction hours. Incidental noise may be generated by ambulances arriving and departing, and deliveries, when the trucks' /vans' backup signals sound. However, the drop off/pick-up area has been located on the structures southern fa~ade, which is located approximately 250 feet from the neighboring multi-family units. E. Critical Areas and Natural Features. The proposed development is within 50 feet of a coal mine hazard. There are no other critical areas located on site. According to a Coal Mine Hazard Study submitted by the applicant, prepared by Golder Associates, dated February 24, 2015, the subject site is located in a medium coal mine hazard zone as defined by RMC 4-3-050 (Exhibit 7). Medium coal mine hazards are defined as areas where mining workings are deeper than two-hundred feet for steeply dipping seams, or deeper than 15 times the thickness of the seam or workings for gently dipping seams. The site is not underlain by any mapped or known coal mine workings. However, due to the proximity of the adjacent coal seam, development on the site CONDITIONAL USE and SITE PLAN -6 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 may potentially be affected by mining related subsidence. Given the age of the mine workings and other factors it is likely that any subsidence that occurred as a result of the abandoned mines would have already occurred and a low risk of regional or trough subsidence exists on the site. The report however recommends potential measures in order to mitigate the low risk, which include: the avoidance of settlement of sensitive exterior building finishes (stucco); the increase of the fall of gravity utilities; and the increase of stiffness of foundation element. Therefore, the Environmental Review Committee ("ERC") imposed a mitigation measure requiring a narrative within the final geotechnical report, discussing any measures employed in the final site/building design which serve to mitigate the low coal mine subsidence risk. If no measures are employed, the applicant shall provide justification for the exclusion of additional measures. As mitigated by the ERC, it is determined that potential coal mine hazards are sufficiently addressed to avoid significant adverse impacts. Conclusions of Law I. Authority. RMC 4-9-200(8)(2) requires site plan review for all development in the CA zone. RMC 4-9-200(D)(b) requires site plan review by the hearing examiner for this project because it involves over 25,000 square feet of building area in the CA zone. RMC 4-2-060 provides that convalescent centers may be authorized in CA zones by administrative conditional use permit. RMC 4-3-100 grants approval authority for design review to staff unless hearing examiner review is required. All three of the aforementioned permits/approvals have been consolidated. RMC 4-8- 080(C)(2) requires consolidated permits to each be processed under "the highest-number procedure". Site Plan Review (Hearing Examiner) is a Type III permit (RMC 4-8-080(0)) with approval authority granted to the Hearing Examiner. The site plan Type III review is the "highest-number procedure" and therefore must be employed for the design review, conditional use and site plan approval. 2. Zoning/Comprehensive Plan Designations. The subject property is within the Commercial Mixed Use (CMU) Comprehensive Plan land use designation, the CA zoning classification, and Design District 'A'. 3. Review Criteria. Conditional use criteria are governed by RMC 4-9-030(0) and site plan 20 review standards are governed by RMC 4-9-200(E)(3). Applicable standards are quoted below in italics and applied through corresponding conclusions of law. Design D review criteria are addressed through the conditional use and site plan criteria requiring compliance with City development standards 21 22 23 Conditional Use 24 The Administrator or designee or the Hearing Examiner shall consider, as applicable, the following factors for all applications: 25 26 CONDITIONAL USE and SITE PLAN -7 RMC 4-9-030(C)(l): Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the 2 zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 3 4 5 6 7 4. As conditioned, the proposal is consistent with all applicable comprehensive plan policies and development and design standards as outlined in Findings of Fact No. 17,18, 19 and 22 of the staff report, adopted by this reference as if set forth in full. As noted in Finding of Fact No. 3 of this decision, the applicant proposes a 13 foot high retaining wall, which is not compliant with the eight foot retaining wall height limit of RMC 4-4-040(E)(l). The conditions of approval require the applicant to revise its proposal in order to conform to RMC 4-4-040(E)( 1 ). RMC 4-9-030(C)(2): Appropriate Location: The proposed location shall not result in the 8 detrimental overconcentration of a particular use within the City or within the immediate area of the 9 proposed use. The proposed location shall be suited for the proposed use. IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5. Staff noted in the staff report that the proposed location would not result in the overconcentration of convalescent services in the project area and there is nothing in the record to suggest anything to the contrary. RMC 4-9-030(C)(3): Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. 6. As determined in Finding of Fact No. 5, as conditioned, there are no adverse impacts associated with the proposal, so it will not result in substantial or undue adverse effects on adjacent property. RMC 4-9-030(C)(4): Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 7. As determined in Finding of Fact No. 5, the proposed use is compatible with the scale and character of the neighborhood. RMC 4-9-030(C)(5): Parking: Adequate parking is, or will be made, available. 8. As determined in Finding of Fact No. 4(H), the proposal includes parking that is consistent with applicable parking standards, which sets a legislative standard for adequate parking. RMC 4-9-030(C)(6): Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 9. As determined in Finding of Fact No. 4(E), the proposed pedestrian and vehicular circulation improvements provide for safe and efficient vehicular and pedestrian circulation. As further detailed in Finding No. 4(E), the proposal will not lower level of service below adopted levels, so no adverse circulation impacts to the surrounding area are anticipated. CONDITIONAL USE and SITE PLAN -8 RMC 4-9-030(C)(7): Noise, Light and Glare: Potential noise, light and glare impacts from the 2 proposed use shall be evaluated and mitigated. 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I 0. As conditioned, as determined in Finding of Fact No. 5, the proposal will not result in any adverse light, noise or glare impacts. RMC 4-9-030(C)(8): Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. 11. As shown in the site plans for the proposal, Ex. 1-3, all undeveloped portions of the site are landscaped. Further, as shown in Ex. 1-3 the proposal incorporates significant perimeter landscaping in order to buffer adjacent properties. The criterion is met. Site Plan RMC 4-9-200(E)(3): Criteria: The Administrator or designee must find a proposed project to be in compliance with the following: a. Compliance and Consistency: Conformance with plans, policies, regulations and approvals, including: i. Comprehensive Plan: The Comprehensive Plan, its elements, goals, objectives, and policies, especially those of the applicable land use designation; the Community Design Element; and any applicable adopted Neighborhood Plan; ii. Applicable land use regulations; iii. Relevant Planned Action Ordinance and Development Agreements; and iv. Design Regulations: Intent and guidelines of the design regulations located in RMC 4- 3-100. 12. As concluded in Conclusion of Law No. 4 and as conditioned, the proposal is consistent with the City's comprehensive plan, development regulations and design standards. RMC 4-9-200(E)(3)(b): Off-Site Impacts: Mitigation of impacts to surrounding properties and uses, including: i. Structures: Restricting overscale structures and overconcentration of development on a particular portion of the site; ii. Circulation: Providing desirable transitions and linkages between uses, streets, walkways and adjacent properties; CONDITIONAL USE and SITE PLAN -9 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 iii. Loading and Storage Area.,·: Locating. designing and screening storage areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to minimize views from surrounding properties; iv. Views: Recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features; v. Landscaping: Using landscaping to provide transitions between development and surrounding properties to reduce noise and glare, maintain privacy, and generally enhance the appearance of the project; and vi. Lighting: Designing and/or placing exterior lighting and glazing in order to avoid excessive brightness or glare to adjacent properties and streets. 13. As conditioned, the criteria quoted above are met. While the proposed structure is concentrated in one area, the northwest portion of the site, the scale and bulk of the structure is intended to articulate at varying widths and depths. The applicant is also proposing canopies, enhanced landscaping and street furniture which enhance the pedestrian experience. While the applicant has incorporated design elements to reduce the apparent bulk of the building, additional elements should be incorporated into the design in order to break the monotony of the street facing fayades and comply with the intent of this standard. Therefore, as recommended by staff a condition of design approval requires the applicant to submit revised elevations depicting additional design elements. As determined in Finding of Fact No. 4(E), the proposal provides for desirable transitions and linkages between uses, streets, walkways and adjacent properties. As determined in Findings of Fact No. 4 and 5, proper screening and/or design location will be implemented to conceal refuse and recyclable areas and equipment. It is unclear if loading areas are proposed or what will be done to conceal them from view, so the conditions of approval will require the issue to be addressed during construction review. As determined in Finding of Fact No. 5, the proposal will not adversely impact any views of significant natural features. As determined in Finding of Fact No. 5(A), the City's landscaping standards assure that the proposal will minimize the aesthetic impacts of the project, which includes providing transitions between development and surrounding properties to reduce light and glare, maintain privacy, and generally enhance the appearance of the project. The proposal is also of a type to not create any significant noise impacts and any such impacts will be adequately mitigated by the City's noise regulations as determined in Finding of Fact No. 5. Lighting impacts are also addressed by the conditions of approval to ensure no significant adverse light impacts. CONDITIONAL USE and SITE PLAN -I 0 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RMC 4-9-200(E)(J)(c): On-Site Impact~·: Mitigation of impacts to the site, including: i. Structure Placement: Provisions for privacy and noise reduction by building placement, spacing and orientation; ii. Structure Scale: Consideration of the scale ofproposed structures in relation to natural characteristics, views and vistas, site amenities, sunlight, prevailing winds, and pedestrian and vehicle needs; iii. Natural Features: Protection of the natural landscape by retaining existing vegetation and soils, using topography to reduce undue cutting and filling, and limiting impervious surfaces; and iv. Landscaping: Use of landscaping to soften the appearance of parking areas, to provide shade and privacy where needed, to define and enhance open spaces, and generally to enhance the appearance of the project. Landscaping also includes the design and protection of planting areas so that they are less susceptible to damage from vehicles or pedestrian movements. 14. The criterion quoted above are met. As determined in Finding of Fact No. 5, the proposal has been well designed to provide for privacy and noise reduction. There is nothing in the record to reasonably suggest that the scale, spacing and orientation of the project could be modified to provide for more privacy and noise reduction without unreasonably interfering with the utility of the project. As determined in Finding of Fact No. 5, the proposal does not create any adverse aesthetic impacts and is fully compatible with adjoining uses. As determined in Finding of Fact No. 4, the proposal provides for safe and efficient vehicular and pedestrian circulation and is well integrated into adjoining vehicular and pedestrian improvements, thus providing for a well-integrated project scale and design with vehicular and pedestrian needs. As further determined in Finding of Fact No. 5, as conditioned, the landscaping for the proposal provides for better aesthetics and helps define parking areas and open spaces. There is nothing in the record to reasonably suggest that the scale of the project is incompatible with sunlight, prevailing winds or natural characteristics. RMC 4-9-200(E)(J)(d): Access and Circulation: Safe and efficient access and circulation for all users, including: i. Location and Consolidation: Providing access points on side streets or frontage streets rather than directly onto arterial streets and consolidation of ingress and egress points on the site and, when feasible, with adjacent properties; ii. Internal Circulation: Promoting safety and efficiency of the internal circulation system, including the location, design and dimensions of vehicular and pedestrian access points, drives, parking, turnarounds, walkways, bikeways, and emergency access ways; iii. Loading and Delivery: Separating loading and delivery areas from parking and pedestrian areas; CONDITIONAL USE and SITE PLAN -11 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 iv. Transit and Bicycles: Providing transit, carpools and bicycle facilities and access; and v. Pedestrian.,·: Providing safe and attractive pedestrian connections between parking areas, buildings, public sidewalks and adjacent properties. 15. The proposal provides for adequate access and circulation as required by the criterion above for the reasons identified in Finding of Fact No. 4. The staff report does not address loading and delivery, so that issue will be addressed by the conditions of approval. The conditions of approval require the applicant to consider the integration of a transit shelter in the project design. The applicant is proposing bicycle parking facilities (a bike rack) that complies with the City's bicycle parking standards. RMC 4-9-200(E)(3)(e): Open Space: Incorporating open spaces lo serve as distinctive project focal points and to provide adequate areas for passive and active recreation by the occupants/users of the site. 16. As conditioned, the proposal provides for open space focal points and adequate areas for passive and active recreation areas as determined in Finding of Fact No. 4(E). RMC 4-9-200(E)(3)(f): Views and Public Access: When possible, providing view corridors to shorelines and Mt. Rainier, and incorporating public access to shorelines. 17. There are no view corridors to shorelines or Mt. Rainier affected by the proposal as determined in Finding of Fact No. 5(A). RMC 4-9-200(E)(3)(g): Natural Systems: Arranging project elements to protect existing natural systems where applicable. l 8. There are no natural systems at the site or that would be affected by the proposal. RMC 4-9-200(E)(3)(h): Services and Infrastructure: Making available public services and facilities to accommodate the proposed use. 19. The project is served by adequate services and facilities as determined in Finding of Fact No. 4. RMC 4-9-200(E)(3)(i): Phasing: Including a detailed sequencing plan with development phases and estimated time frames, for phased projects. 20. The project is not phased. DECISION CONDITIONAL USE and SITE PLAN -12 2 3 4 5 6 7 8 9 JO II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 As conditioned below, the site plan and conditional use permit applications as depicted in Exhibit 2 satisfy all applicable permitting criteria for the reasons identified in the findings and conclusions of this decision. The site plan and conditional use permit are subject to the following conditions: 1. The applicant shall comply with the mitigation measures issued as part of the Determination of Non-Significance Mitigated, dated November 2, 2015. 2. The applicant shall revise the landscape plan to include additional interior parking lot landscaping to break continuous parking aisles and reflect compliance with the retaining wall requirements of the code. The revised landscape plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 3. The applicant shall provide a detailed screening plan identifying the location and screening provided for surface and roof mounted equipment. The screening plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 4. The applicant shall be required to revise the site and grading plans in order to comply with the maximum retaining wall heights. The revised site and grading plans shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 5. The applicant shall submit a detailed common open space/plaza plan which includes specifications for pedestrian amenities that add to the pedestrian experience and the human scale intended for the development. The plan shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 6. The applicant shall submit revised elevations notating proposed materials for the refuse and recycle enclosure. The enclosure shall be made of masonry, ornamental metal or wood and shall be compatible the primary materials of the structure. The revised elevations shall be submitted to, and approved by, the Current Planning Project Manager prior to building permit approval. 7. The applicant shall submit a revised site plan connecting the interior pedestrian network to SE 174th St sidewalk. The revised site plan shall be submitted to, and approved by, the Current Planning Project Manager prior to construction permit approval. 8. The applicant shall revise the site plan to depict a differentiation in materials for all pedestrian connections within parking areas and/or drive aisles on site. The revised site plan shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. 9. The applicant shall submit revised elevations depicting added architectural detailing elements including lighting fixtures, contrasting materials, or special detailing along the northern and western facades (amenities such as outdoor group seating, benches, transit shelters, fountains, or public art shall be provided). The revised elevations shall be submitted to and approved by the Current Planning Project Manager prior to building permit approval. CONDITIONAL USE and SITE PLAN -13 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 10. The applicant shall submit a materials board subject to the approval of the Current Planning Project Manager prior to building permit approval. Acceptable materials include a combination of brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass, cast-in-place concrete, or other high quality material. 11. The applicant shall be required to submit a conceptual sign package which indicates the approximate location of all exterior building signage. Proposed signage shall be compatible with the building's architecture and exterior finishes and contributes to the character of the development. The conceptual sign package shall be submitted to, and approved by, the Current Planning Project Manager prior to sign permit approval. 12. The applicant shall provide a lighting plan that adequately provides for public safety without casting excessive glare on adjacent properties; at the time of building permit review. 13. All proposed loading areas shall be separated from parking and pedestrian areas and shall be located, designed and screened to minimize views from surrounding properties. DATED this 22nd day of December, 2015. City of Renton Hearing Examiner Appeal Right and Valuation Notices RMC 4-8-080(0) provides that the final decision of the hearing examiner is subject to appeal to the Renton City Council. RMC 4-8-l lO(E)(l4) requires appeals of the hearing examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. A request for reconsideration to the hearing examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-l lO(E)(13) and RMC 4-8-100(0)(9). A new fourteen (14) day appeal period shall commence upon the issuance of the reconsideration. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th floor, ( 425) 430-6510. Affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. CONDITIONAL USE and SITE PLAN -14 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: December 2, 2015 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Mission Healthcare at Renton LUA (file) Number: LUA-15-000736, ECF, SA-H, CU-A Cross-References: AKA's: Project Manager: Rocale Timmons Acceptance Date: October 15, 2015 Applicant: Careage Inc., George Stephan Owner: Contact: PIO Number: 2923059042 ERC Determination: DNS-M Date: November 2, 2015 Aooeal Period Ends: November 16 2015 Administrative Decision: Date: Aooeal Period Ends: Public Hearing Date: December 8, 2015 Date Appealed to HEX: By Whom: / HEX Decision: ~ L\--. ~Qj._,, n/1?' \; Date: Appeal Period Ends: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1. 76 acres feet and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within SO feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subiect application. Location: 10635 SE 174th St I c~ment,, ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. ADVISORY NOTES TO APPLICANT LUA15-000736 Version 1 I Standy power is required as follows per city ordinance. Standy power shall be provided to power all heating and refrigeration, communication and alarms stems, ventilations stems, emer enc atient care related circuits and at least one elevator. Recommendations: EXISTING CONDITIONS WATER Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate will be required to be submitted to the City with the site plan application. SEWER Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate will be required to be submitted to the City with the site plan application. STORM There is an existing 18 inch storm water conveyance system 106thAve SE and a 12 inch storm water conveyance system in SE 17 4th Street. CODE REQUIREMENTS SURFACE WATER 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 2. A drainage report dated October 7, 2015 was submitted by ESM Engineers with the site plan application. The development project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and City and The City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. All core and special requirements have been discussed in the report. The site is located within the Black River Drainage Basin, is outside the 100 year flood plain and outside the Aquifer Protection Zone. The existing 1.76 acre site is 95% pervious, generally pasture. The site slopes gently from the east to west from 7% 15%. The site drains to the northwest corner where it flows to through a series of catch basins and storm pipe at the intersection of SE 174th Street and 106th Ave SE. Flows are captured in a 18 inch storm pipe in SE 174th and flows continues in a piped system west in 103rd Ave SE and connects to an 24 -inch storm pipe where flows outfall into a wetland to the west. No downstream or flooding issues were identified by city staff. The developed site will create 1.3 acres of impervious surface area and .46 acres will remain for the purpose of providing landscaping. The project is subject to a Level 1 downstream analysis and Enhanced Basic Water quality is required for the new parking lot and driving surfaces in accordance with Core Requirement #8. The engineer has proposed a combined detention and water quality vault to be located under the parking lot near the southwest corner of the site. 3. Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 4. A geotechnical report dated August 17, 2015 was prepared and submitted by Golder Associates. Eight test pits up to 14 feet deep and soils were excavated and tested. Two to seven feet of fill was discovered at the top layer. Fill material was generally loose to compact silty sand with some gravel and cobbles. Underlying soils were found to be Ablation Till and Lodgement Till which is typical. For the purpose of drainage review, the soils are not suitable for infiltration. TRANSPORTATION /STREET 1. Existing right of way width in 106th Place SE is 80 feet. This street has been identified as a neighborhood collector. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. No dedication of additional right of way is required. 2. Existing right of way width in SE 174th Street is 60 feet. This street has been identified as a neighborhood collector. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. Improvements shall match the frontage improvements recently built by CVS Pharmacy in SE 174th Street. No dedication of additional right of way is required. 3. The lot corner at SE 174th Street and 106 Ave SE is required to dedicate a 25 foot radius. The dedication is shown on the plan. 4. Installation of LED street lighting may be required fronting the site if lighting levels do not meet city code. A lighting level analysis was not provided with the site plan application. 5. A traffic impact analysis dated October 23, 2015 was provided by Concord Transportation Engineering for review with the site plan application. The proposed Mission Healthcare project is estimated to generate 410 average daily vehicle trips. Weekday peak hour AM trips would generate 30 vehicle trips, with 9 vehicles leaving and 21 vehicles entering the site. Weekday peak hour PM trips would generate 40 vehicle trips, with 20 vehicles entering and 20 vehicles existing the site. The studied intersections and stop controlled movements at the site driveway currently operate at LOS D or better in the AM peak hour, and are expected to continue to operate at LOS D Ran: December 02, 2015 Page 2 of3 ADVISORY NOTES TO APPLICANT LUA 15-000736 or better in 2017 without or with the proposed project. The project is not expected to result in an increase of 5% in peak hour volumes at any of the surrounding studied intersections. There are no significant traffic impacts as a result of this development project. City staff has reviewed the TIA and finds it acceptable. 6. Increased traffic created by the development will be mitigated by payment of transportation impact fees of $21,966.69 (2015 rate) per Ordinance 5670. Traffic im act fees are a able at buildin ermit issuance. Im act fee will increase to$ 27,994.89 Janua , 1st 2016. Ran: December 02, 2015 Page 3 of3 City of Renton Department of Com MISSION HEALTHCARE AT RENTON y & Economic Development Hearing Examiner Recommendation LUAlS-000736, ECF, SA-H, CU-A Report of December 8, 2015 II 8. EXHIBITS: Exhibit 1-10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: Environmental Review Exhibits HEX Recommendation Report Rendering (Southern Fa~ade) SEPA Determination Transportation Concurrency Floor Plans Utility Plans I C. GENERAL INFORMATION: 1. Owner(s) of Record: 2. Zoning Classification: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics: Careage Inc. 4411 Point Fosdick Dr. NW #203 Gig Harbor, WA 98335 Commercial Arterial (CA) Commercial Mixed Use ((MU) Espresso Stand a. North: Storage and Dental Office (CA Zone} b. East: McDonald's (CA Zone} c. South: Chiropractor Office (CA Zone} d. West: Multi-Family (RMF Zone} 6. Site Area: 76,615 SF I o. HISTORICAL/BACKGROUND: Action Comprehensive Plan Zoning Annexation II E. PUBLIC SERVICES: 1. Existing Utilities Land Use File No. N/A N/A N/A Ordinance No. 5758 5758 5327 a. Water: Water service will be provided by Soos Creek Water and Sewer District. b. Sewer: Sewer service will be provided by Soos Creek Water and Sewer District. Page 2 of 30 06/22/2015 06/22/2015 03/01/2008 c. Surface/Storm Water: There is an existing 18-inch storm water conveyance system 106th Ave SE and a 12-inch storm water conveyance system in SE 174th Street. 2. Streets: There are partial street improvements along 106th Ave SE and SE 174th Street. 3. Fire Protection: City of Renton Fire Department HEX Report City of Renton Deportment of Comrr"oity & Economic Development MISSION HEALTHCARE AT RENTO Report of December 8, 2015 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations a. Section 4-3-050: Critical Area Regulations b. Section 4-3-100: Urban Design Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Permits -Specific a. Section 4-9-030: Conditional Use Permits b. Section 4-9-200: Master Plan and Site Plan Review 6. Chapter 11 Definitions 7. Chapter 9 G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element ~ H. FINDINGS OF FACT {FOF}: Hearing Examiner Recommendation LUA15-000736, ECF, SA-H, CU-A Page 3 of 30 1. The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center. The new facility would serve as a rehabilitation center which provides 24-hour skilled nursing service to help people recover from disabilities. The completed facility would have 60 beds and approximately 72 employees. 2. The Planning Division of the City of Renton accepted the above master application for review on October 7, 2015 and determined the application complete on October 15, 2015. The project complies with the 120-day review period. 3. The project site is located on the southeast corner of SE 174th St and 106th Place SE at 10635 SE 174th St. 4. The site is primarily vacant with a small coffee stand and existing access road on the south side of the site. The existing coffee stand is proposed to be removed. 5. Access to the site would be provided via a curb cut along 106th Pl SE with an additional connection to the neighboring commercial property to the east. 6. The property is located within the Commercial Mixed Use (CMU) Comprehensive Plan land use designation. 7. The site is located within the Commercial Arterial (CA) zoning designation and within Design District 'D'. 8. The tallest point of the structure would be approximately 48 feet above grade. The proposed building materials would be a combination of a fiber-cement siding in two patterns and cement plaster finishes on all sides with trim banding (Exhibit 4). HEX Report 0 ' EXHIBITS Project Name: Project Number: Mission Healthcare at Renton LUA15-000736, ECF, SA-H, CU-A Date of Hearing Staff Contact Project Contact/Applicant 12/8/2015 Rocale Timmons Careage Inc. Senior Planner 4411 Point Fosdick Dr. NW Gig Harbor, WA 98335 The following exhibits were entered into the record: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Exhibit 11: Exhibit 12: Exhibit 13: Exhibit 14: Exhibit 15: Exhibit 16: ERC Report Site Plan Landscape Plan Elevations Geotechnical Report (August 17, 2015) Technical Information Report (October 7, 2015) Coal Mine Hazard Critical Area Study (dated February 24, 2015) Grading Plan Neighborhood Detail Map Traffic Report (October 21, 2015) HEX Recommendation Rendering (Southern Fa~ade) SEPA Determination Transportation Concurrency Floor Plans Utility Plans Project Location 10635 SE 174'" St, Renton, WA ------~ItentOll ® DEPARTMENT OF COMMUI\. ... AND ECONOMIC DEVELOPMENT _______ lrlfenton () ENVIRONMENTAL REVIEW COMMITTEE REPORT Entire Document Available Upon Request ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner/Applicant: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: November 2, 2015 Mission Healthcare at Renton LUA15-000736, ECF, SA-H, CU-A Rocale Timmons, Senior Planner Careage Inc.; 4411 Point Fosdick Dr. NW #203; Gig Harbor, WA 98335 10635 SE 1741h St The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. 76,615 SF Proposed New Bldg. Area (gross}: 54,400 SF Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance-Mitigated (DNS-M). Project Location Map EXHIBIT 1 I • ,. ..... .l. '1 ij / I /~I L Ii ' . J. Jf / r . i 11\ "'""'"""''"'• I U,)>V-,W'<-J'1wc,r,-"' N t; UI .... ::c >< w ., / / / Ul'-Mnffllm>_1'Q ____ ._ _ _, --f~C'"I=••E-- ---:::_ SE 17.ffll STREET (NOFfflf) Butl.DINQ El!,'!~~ ----------N."l:10------·-- 1omt PL 81! (W!S1) 8UILDfNG I!'.!,'!~~ r==~-!~==~-i;-?4,6 ;;;:;; sc ,~~--~~ SOUTH BUILDING E!:£.Y,~ TI ~-r.cc:c·.:·: :.:_:----O!LT -!_,_,/;{=. rl."9'! o,;;.,......, ... _ - .... - -- ~~;:. & .. ·"- i1 =- ~ .;;· rr= ,u,~a~, B!CTION AT ROOFTOP MECHANfCAL EQUIPMENT SCRl!ENED BY ~ EXHIBIT4 EASTBULDIHQ E~ HDI -.=- ...... ,..,... l~i:I:..~:r:rFT BUILDING ELEVATIONS SA2 Entire Document Available Upon Request GEOTECHNICAL REPORT Proposed Development SE 174th Street Site Renton, Washington Submitted To: Careaga Development 4411 Point Fosdick Drive, Suite 203 PO Box 1969 Gig Harbor, WA 98335 Submitted By: Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 USA August 17, 2015 Rev.1 EXHIBIT 5 Gofder, Golder Associates and the GA globe design are trademar1<s of Golder Associates Corporation Project No. 1523372-01 :,e-• l!J:,,,.f, Golder \Z7 Associates Entire Document Available Upon Request Mission Healthcare at Renton Preliminary Technical Information Report October 7, 2015 Prepared for Careage Inc. 4411 Point Fosdick Drive, Suite 203 Gig Harbor, WA 98335 (253) 853-4457 EXHIBIT6 Submitted by ESM Consulting Engineers, LLC 33400 8th Avenue S, Suite 205 Federal Way, WA 98003 253.838.6113 tel 253.838.7104 fax I, •• ' ... , 1 . .. .. ! J www.esmcivil.com ~-Golder Associates February 24, 2015 Mr. George Stephan Careaga Development 4411 Point Fosdick Drive, Suite 203 PO Box 1969 Gig Harbor, WA 98335 RE: MINE HAZARD CRITICAL AREA STUDY SE 174TH STEET SITE RENTON, WASHINGTON Dear George: Entire Document Available Upon Request Project No. 1523372 Golder Associates Inc. (Golder) is pleased to submit to Careaga Development (Careaga) this letter report documenting the results of our underground coal mine hazard assessment for the property you are considering for development in Renton. Washington (Site). We understand you are still in the process of feasibility assessments for the development and have received comments from the City of Renton (City) stating that the Site was adjacent to a mapped coal mine hazard zone and therefore a geotechnical coal mine hazard study is required. This report is intended to fulfill the City requirement for a coal mine hazard study. Depending on the depth of the mined seams. access slopes. and other factors, abandoned mines can present a potential hazard to surface structures due to regional ground or trough settlement, differential settlement, and sinkhole formation. Based on our assessment of the existing mine maps, publications and geologic conditions present, we conclude that the subject site is located in a medium coal mine hazard zone as strictly defined by the City Municipal Code 4-3-050. The Site is not underlain by any mapped or known coal mine workings, but due to the orientation of the adjacent coal seam the Site may be potentially affected by future mining-related subsidence. Due to the steep dip and orientation of the mined coal seams {dipping down to the south) there is a low risk of regional or trough subsidence that may extend onto the Careaga Site. We believe the risk of subsidence at the Site is low and that modest engineering mitigations can be incorporated into the project design to mitigate this risk. Please find accompanying this letter report a map of the subject site with an overlay of the nearest underground mine map (Figure 1 ), and a cross section (Figure 2) providing our conceptual interpretation of the subsurface geologic and mining conditions present adjacent to the Site. 1.0 BACKGROUND Portions of the City are underlain by shallow bedrock that contains several coal seams that were commercially mined below ground from the late 1800s until the 1950s. The approximate location of abandoned coal mines in Renton was researched and mapped in the 1960s and 1970s using historical mine maps. A comprehensive inventory report of the mines was completed in 1985 (Morrison Knudsen 1985). The information from those earlier studies, along with additional information on the overburden thickness (thickness of soil/rock cover over the mine working}, was used by the City to create coal mine hazard map folios. The maps indicate areas underlain by coal mines and provide a relative hazard designation (low, moderate, and severe}. A fourth term is used only on the City map folio ('unclassified"). In discussions with City staff. we understand the term "unclassified" means that abandoned mines are m<>nm,rl hut no investiqation was completed to rank the hazard designation. In simplified terms. the EXHIBIT 7 Golder AssociatH Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 9a052 USA 1 8a3-0n7 Fax: (425) 882-5498 www.golder.com Golder Assoc1.itas: upernuun::, in Africa, Asia, Australasia, Europe. North Am~r1c.:i and South AmNica Golder. Golder Assaciales and the GA olabe dasian are tradf!!m:utu1 ffl G~ld11r Aunei.11tRJ1 Cnmnr;::itinn 0\ t; m 1-t ::c >< w Entire Document Available Upon Request Careage -Mission Healthcare at Renton Traffic Impact Analysis Final Report Prepared by _concord f ;,: • ,', [' C ',! Xiaoping Zhang Tel: 206.682.0567 Email: xpz@cetransportation.com Concord Engineering 705 2nd Ave, Suite 700 Seattle, WA 98104 October 21, 2015 EXHIBIT 10 N ""' f:j m .... :c >< w Denis Law Mayor Entire Document r City of I Available Upon Request r ~ r r l -_...; __ ., . .....,~..;;,, ~ November 6, 2015 Community & Economic Development Department Washington State Department of Ecology Environmental Review Section PO Box47703 Olympia, WA 98504-7703 C.E. "Chip"Vincent, Administrator Subject: ENVIRONMENTAL {SEPAi THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee {ERC) on November 2, 2015: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: Mission Healthcare at Renton PROJECT NUMBER: LUAlS-000736, ECF, SA-H, CU-A Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, {425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at {425) 430-7219. For the Environmental Review Committee, Roca le Timmons Senior Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter1 Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSOOT, NW Region Larry Fisher, WOFW Duwamish Tribal Office US Army Corp. of Engineers EXHIBIT 13 Renton City Hall • 1055 South Grady Way , Renton, Washingto, Entire Document Available Upon Request DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT - DATE: TO: FROM: SUBJECT: MEMORANDUM October 30, 2015 Rocale Timmons, Senior Planner Brianne Bannwarth, Development Engineering Manage~ Traffic Concurrency Test -Mission Healthcare at Renton; File No. LUA15000736, ECF, SA-H, CU-A The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center. The new facility would serve as a rehabilitation center which provides a 24-hour skilled nursing service to help people recover from disabilities. The completed facility would have 60 beds and approximately 72 employees. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1. 76 acres and is zoned Commercial Arterial (CA) and is located in the Commercial Mixed Use (CMU) Comprehensive Plan Land Use Designation. The site is currently vacant with a coffee stand and existing access road on the south side of the site. The existing coffee stand is proposed to be removed. Access is proposed via 106th Place SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The Traffic Impact Analysis was completed by Concord Engineering (dated October 21, 2015). The report included information that the proposed project is estimated to generate a total of 422 new weekday daily trips (211 entering, 211 exiting), 41 new trips occurring during the weekday PM peak hour {21 entering, 20 existing), and 31 new trips occurring during the weekday PM peak hour (22 entering, 9 existing). The provided report analyzed five locations: EXHIBIT 14 Entire Document Available Upon Request 'c o· SECOND FLOOR PLAN c5 ~•,'7,-.-------1.,m FIRST ELOQR p_yft cs~--· EXHIBIT 16 -HDI ....... .:.:-· ....,~- MISSION o\RE 1003~!t+h4.NJ"m ARSTAND SECOND FLOOR PLANS SA3 • •· CITY OF RENTON ---- DEPARTMENT OF cdilllrv1uN1ryt i:c:9Norv11c DEV~LOPMENT -PLANNING 01v1s1dill AFFIDJ\~rr oF SERVICE sv. MAILING -- On the 5th day of November, 2015, I deposited in the mails of the United States, a sealed envelope containing SEPA Notice and Determination documents. This information was sent to: Agencies See Attached George Stephan, Careage Inc. Owner Applicant (Signature of Sender): STATE OF WASHINGTON ) ) ss ,,,,"\\\\\1t ,, ) ~,'~Q\..l Y P~1'1, : ~ ... ~-~--"'ii;/ -;!"" ,,, ~'l I certify that I know or have satisfactory evidence that Sabrina Mirante :ff fc; ,.or-f., ~\ 1; 1 signed this instrument and acknowledged it to be his/her/their free and voluntary ac1qite ~E!S·antf Jji~\l's~s mentioned in the instrument. ~ ';i \~ c,•L1e 7 :. 't, 0 ,,,,,,<9. f7 ., -if, = \ ;(',, ~·1·"'"""~;"'\o.; COUNTY OF KING Notary (Print): ____ e-l...:o-'\k"-I-_X..._D"'•-"W"-'t6"-'--_------------- My appointment expires: U d-()l :j ~Vs-t ;)<fl Mission Healthcare at Renton LUAlS-000736, ECF, SA-H, CU-A template -affidavit of service by mailing Dept. of Ecology** Environmental Review Section PO Box47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers * Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers.,... Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Timothy C. Croll, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** Muckleshoot Indian Tribe Fisheries Dept.** Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box47703 39015 -172"' Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 Duwamish Tribal Office* Muckleshoot Cultural Resources Program ** 4717 W Marginal Way SW Attn: Laura Murphy Seattle, WA 98106-1514 39015 172"' Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division * Muckleshoot Cultural Resources Program •• Environmental Planning Supervisor Attn: Erin Slaten Ms. Shirley Marroquin 3901S 172"' Avenue SE 201 S. Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98104-38S5 WDFW -Larry Fisher• Office of Archaeology & Historic Preservation* 1775 12th Ave. NW Suite 201 Attn: Gretchen Kaehler Issaquah, WA 98027 PO Box48343 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECD Director of Community Development 220 Fourth Avenue South 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 980S6 Puget Sound Energy City of Tukwila Wendy Weiker1 Community Svcs. Mgr. Jack Pace, Responsible Official 355 110" Ave NE 6200 Southcenter Blvd. Mailstop EST llW Tukwila, WA 98188 Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal Liaison Mgr. 6905 South 228" St Kent, WA 98032 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov •• Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us / e ri n.slate n@muckleshoot.nsn.us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of seivice by mailing George Stephan Careage, Inc 4411 Point Fosdick Dr, 203 Gig Harbor, WA 98335 TRANSPORTATION MITIGATION FEE Project Name: Mission Healthcare at Renton Project Address: 10635 SE 174th Street Contact Person: Permit Number: LUAlS-000736 Project Description: The site currently contains an espresso stand which is proposed for removal. Proposal includes a new 55,400 SF, three story, convalescent center containing 60 beds to be used For short term rehabilitation services. Land Use Type: Method of Calculation: ~ Ordinance 5670 D Residential D Retail ~ Non-retail ~ ITE Trip Generation Manual, g'h Edition D Traffic Study D Other Calculation: Existing: Espresso (-100 SF) 100 SF x 1 PM Peak Trip/1000 SF (!TE Manual 938) x $7,517.08/Trip (Ordinance)= $751.71 Proposed: 60 Bed Convalescent Center 60 bed x $479.11/bed (Ordinance -Nursing Home 2016) = $28,746.60 TOTAL= Proposed-Existing= $28,746.60-$751.71 = $27,994.89 Transportation Mitigation Fee: Calculated by: Date of Payment: $27,994.89 B. Bannwarth H:\CED\Developmen: Services\DevcloprTent Engineering\lmpact Fees updated 10/23/2015 __ D.:e:'.:::.;,aw----~--12rr illJJ November 6, 2015 Community & Economic Development Department Washington State Department of Ecology Environmental Review Section PO Box47703 Olympia, WA 98504-7703 C.E. "Chip"Vincent, Administrator Subject: ENVIRONMENTAL (SEPAi THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on November 2, 2015: SEPA DETERMINATION: Determination of Non-Significance Mitigated (DNSM) PROJECT NAME: Mission Healthcare at Renton PROJECT NUMBER: LUAlS-000736, ECF, SA-H, CU-A Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7219. For the Environmental Review Committee, Rocale Timmons Senior Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers Renton City Hall .. 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMML1uTY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL (SEPA} DETERMINATION OF NON-SIGNIFICANCE PROJECT NUMBER: APPLICANT: PROJECT NAME: -MITIGATED (DNS-M) LUAlS-000736, ECF, SA-H, CU-A Careage Inc; 4411 Point Fosdick Dr. NW #203; Gig Harbor, WA 98335 Mission Healthcare at Renton PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. PROJECT LOCATION: 10635 SE 174'" St LEAD AGENCY: City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-9-0700 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. DEPARTMENT OF COMMu1,ilTY AND ECONOMIC DEVELOPMENT PUBLICATION DATE: DATE OF DECISION: SIGNATURES: Terry Higashiyama, Administrator Community Services Department November 6, 2015 NOVEMBER 2, 2015 Date Date Fire & Emergency Services '-- e-.z L,L * C.E. "Chip" Vincent, Administrator Department of Commuoity & Economic Development II /z/;< I I Date \ I (z (1f Date DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ---------·Ifenton ® DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNSM) MITIGATION MEASURES AND ADVISORY NOTES PROJECT NUMBER: APPLICANT: PROJECT NAME: LUA15-000736, ECF, SA-H, CU-A Careage, Inc.; 4411 Point Fosdick Dr. NW, #203; Gig Harbor, WA 98335 Mission Healthcare at Renton PROJECT DESCRIPTION: The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new S5,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. PROJECT LOCATION: LEAD AGENCY: MITIGATION MEASURES: 10635 SE 174th St The City of Renton Department of Community & Economic Development Planning Division 1. A narrative shall be included in the final geotechnical report, discussing any measures employed in the final site/building design which serve to mitigate the low coal mine subsidence risk identified. If no measures are employed, the applicant shall provide justification for the exclusion of additional measures. The final geotechnical report shall be submitted to, and reviewed by the City, prior to building permit issuance. ADIVISORY NOTES: The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. PLAN -Planning Review -Land Use Version 1 I Police Plan Review Comments Contact: Holly Trader I 425-430-7519 I htrader@rentonwa.gov Recommendations: 88 Police Calls for Service Estimated Annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site should have security lighting, and any construction or storage trailers should be completely fenced in with portable chain link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy duty deadbolts with a minimum 11/2" throw when bolted. Any construction material that contains copper should be removed from the construction site at the end of each working day. Glass windows in construction trailers should be shatter resistant. Toolboxes and storage containers should be secured with heavy duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs allow officers, upon contact, to provide a verbal warning to trespassers that should they be contacted on the property again, they could be cited and/or arrested. COMPLETED COMPLEX All exterior doors should be made of solid metal or metal over wood, with heavy duty deadbolt locks, latch guards or pry resistant cylinders around the locks, and peepholes. All strikeplates should have 2 1/2 to 3" wood screws. If glass doors are used, they should be fitted with the hardware described above and additionally be fitted with a layer of security film. Security film can increase the strength of the glass by up to 300%, greatly reducing the likelihood of breaking glass to gain entry. Access to the back of the buildings should be limited, preferably with security fencing or gates, as these areas could be vulnerable to crime due to the lack of natural surveillance by patients or staff. All areas of this project need to have adequate lighting. This will assist in the deterrent of theft from motor vehicle (one of the most common crimes in Renton) as well as provide safe pedestrian travel for both patients and staff. Landscaping should be installed with the objective of allowing visibility-not too dense and not too high. Too much landscaping will make patients and staff feel isolated and will provide criminals with concealment to commit crimes such as burglary, theft, malicious mischief, etc. I highly recommend that the developer have a Renton Police Crime Prevention Representative conduct a security survey of the premises once construction is complete. Fire Review-Building Comments Contac;t: Corey Thomas I 425-430-7024 I cthomas@rentonwa.gov Recommendations: Environmental Impact Comments: Code Related Comments: 1. The preliminary fire flow is 2,000 gpm. A minimum of two fire hydrants are required. One within 150 feet and one within 300 feet of the building. Maximum hydrant spacing of 300 feet on center shall also be met. One hydrant is required within 50 feet of the fire department connection. Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5 inch storz fittings, which they don't appear to have. A water availability certificate is required from Soos Creek Water and Sewer District. 2. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Kitchen hood fire suppression systems required. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire ERC Mitigation Measures and Advisory Notes Page 2 of 4 alarm system. 3. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25 feet inside and 45 feet outside. Roadways shall be a minimum of 20 feet wide. Roadways shall support a minimum of a 30 ton vehicle and 75 psi point loading. 4. An electronic site plan is required prior to occupancy for pre fire planning purposes. 5. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40 inch by 84 inch stretcher. 6. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. 7. Standy power is required as follows per city ordinance. Standy power shall be provided to power all heating and refrigeration, communication and alarm systems, ventilation systems, emergency lighting, patient care related circuits and at least one elevator. Engineering Review Comments Contact: ian Illian I 425·436'7216 I jlllian@rentonwa.gov Recommendations: EXISTING CONDITIONS WATER Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate will be required to be submitted to the City with the site plan application. SEWER Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate will be required to be submitted to the City with the site plan application. STORM There is an existing 18 inch storm water conveyance system 106th Ave SE and a 12 inch storm water conveyance system in SE 174th Street. CODE REQUIREMENTS SURFACE WATER 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 2. A drainage report dated October 7, 2015 was submitted by ESM Engineers with the site plan application. The development project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and City and The City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. All core and special requirements have been discussed in the report. The site is located within the Black River Drainage Basin, is outside the 100 year flood plain and outside the Aquifer Protection Zone. The existing 1. 76 acre site is 95% pervious, generally pasture. The site slopes gently from the east to west from 7% 15%. The site drains to the northwest corner where it flows to through a series of catch basins and storm pipe at the intersection of SE 174th Street and 106th Ave SE. Flows are captured in a 18 inch storm pipe in SE 174th and flows continues in a piped system west in 103rd Ave SE and connects to an 24 -inch storm pipe where flows outfall into a wetland to the west. No downstream or flooding issues were identified by city staff. The developed site will create 1.3 acres of impervious surface area and .46 acres will remain for the purpose of providing landscaping. The project is subject to a Level 1 downstream analysis and Enhanced ERC Mitigation Measures and Advisory Notes Page 3 of4 Basic Water quality is required for the new parking lot and driving surfaces in accordance with Core Requirement #8. The engineer has proposed a combined detention and water quality vault to be located under the parking lot near the southwest corner of the site. 3. Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 4. A geotechnical report dated August 17, 2015 was prepared and submitted by Golder Associates. Eight test pits up to 14 feet deep and soils were excavated and tested. Two to seven feet of fill was discovered at the top layer. Fill material was generally loose to compact silty sand with some gravel and cobbles. Underlying soils were found to be Ablation Till and Lodgement Till which is typical. For the purpose of drainage review, the soils are not suitable for infiltration. TRANSPORTATION/STREET 1. Existing right of way width in 106th Place SE is 80 feet. This street has been identified as a neighborhood collector. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. No dedication of additional right of way is required. 2. Existing right of way width in SE 174th Street is 60 feet. This street has been identified as a neighborhood collector. To meet the City's new complete street standards, frontage improvements will include construction of an 8 foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. Improvements shall match the frontage improvements recently built by CVS Pharmacy in SE 174th Street. No dedication of additional right of way is required. 3. The lot corner at SE 174th Street and 106 Ave SE is required to dedicate a 25 foot radius. The dedication is shown on the plan. 4. Installation of LED street lighting may be required fronting the site if lighting levels do not meet city code. A lighting level analysis was not provided with the site plan application. 5. A traffic impact analysis dated October 23, 2015 was provided by Concord Transportation Engineering for review with the site plan application. The proposed Mission Healthcare project is estimated to generate 410 average daily vehicle trips. Weekday peak hour AM trips would generate 30 vehicle trips, with 9 vehicles leaving and 21 vehicles entering the site. Weekday peak hour PM trips would generate 40 vehicle trips, with 20 vehicles entering and 20 vehicles existing the site. The studied intersections and stop controlled movements at the site driveway currently operate at LOS Dor better in the AM peak hour, and are expected to continue to operate at LOS D or better in 2017 without or with the proposed project. The project is not expected to result in an increase of 5% in peak hour volumes at any of the surrounding studied intersections. There are no significant traffic impacts as a result of this development project. City staff has reviewed the TIA and finds it acceptable. 6. Increased traffic created by the development will be mitigated by payment of transportation impact fees of $21,966.69 (2015 rate) per Ordinance 5670. Traffic impact fees are payable at building permit issuance. Impact fee will increase to$ 27,994.89 January, 1st 2016. ERC Mitigation Measures and Advisory Notes Page4of4 -----------Rrn tOil €) NOTICE OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: LOCATION: Mission Healthcare at Renton LUA15-000736, ECF, SA-H, CU-A 10635 SE 174'" St Description: The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA}. The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within SO feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON DECEMBER 8, 2015 AT 11:00 AM TO CONSIDER THE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. __ .. ----w~iteiitOll NOTICE OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: PROJECT NUMBER: LOCATION: Mission Healthcare at Renton LUAlS-000736, ECF, SA-H, CU-A 10635 SE 174" St Description: The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental {SEPA) Review for the construction of a new 55,400 square foot, threeMstory, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east ofthe building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS OETERMINED THAT THE PROPOSED ACTION HAS PROBABLE SIGNIFICANT IMPACTS THAT CAN BE MITIGATED THROUGH MITIGATION MEASURES. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON DECEMBER 8, 2015 AT 11:00 AM TO CONSIDER THE CONDITIONAL USE PERMIT AND SITE PLAN REVIEW IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. -----~·~----Denis Law C' f Mayor ,di r"'\ J 1ty O /l _.::....---~1-~lC®Lfil November 6, 2015 George Stephan Careage, Inc 4411 Point Fosdick Dr, Ste. 203 Gig Harbor, WA 98335 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: ENVIRONMENTAL {SEPA) THRESHOLD DETERMINATION Mission Healthcare at Renton, LUAlS-000736, ECF, SA-H, CU-A Dear Mr. Stephan: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance-Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report, for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 20, 2015, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. Also, a public hearing has been scheduled by the Hearing Examiner in the Council Chambers on the seventh floor of City Hall on December 8, 2015 at 11:00 am to consider the Site Plan Review and Conditional Use Permit. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff recommendation will be mailed to you prior to the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. If you have any further questions, please call me at (425) 430-7219. For the Environmental Review Committee, Rocale Timmons Senior Planner Enclosure Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMl Y -----·--~1tenton 0 AND ECONOMIC DEVELOPMENT ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner/Applicant: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: November 2, 2015 Mission Healthcare at Renton LUAlS-000736, ECF, SA-H, CU-A Rocale Timmons, Senior Planner Careage Inc.; 4411 Point Fosdick Dr. NW #203; Gig Harbor, WA 98335 10635 SE 174'" St The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center containing 60 beds to be used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. 76,615 SF Proposed New Bldg. Area (gross): 54,400 SF Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance-Mitigated (DNS-M). Project Location Mop ERC Report City of Renton Department of Community MISSION HEALTHCARE AT RENTON momic Development Report of November 2, 2015Error! Reference source not found. PART ONE: PROJECT DESCRIPTION/ BACKGROUND Environmental Review Committee Report WA15-DDD736, ECF, SA-H, CU-A Page 2 of 7 The applicant is requesting Hearing Examiner Site Plan Review, Conditional Use Permit, and Environmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center. The new facility would serve as a rehabilitation center which provides 24-hour skilled nursing service to help people recover from disabilities. The completed facility would have 60 beds and approximately 72 employees. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres and is zoned Commercial Arterial (CA) and is located in the Commercial Mixed Use (CMU) Comprehensive Plan Land Use Designation. The site is currently vacant with a coffee stand and existing access road on the south side of the site. The existing coffee stand is proposed to be removed. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The tallest point of the structure would be approximately 48 feet above grade. The proposed building materials would be a combination of a fiber-cement siding in two patterns and cement plaster finishes on all sides with trim banding (Exhibit 4). The majority of the site is covered in grasses and brush. There are no significant trees on site. The proposed development is within 50 feet of a coal mine hazard. There are no other critical areas located on site. The site is served by King County Metro Routes 169 and 906. The nearest stop is approximately 300 feet to the south of the site on SE Carr Rd. Construction is anticipated to commence in April of 2016 with substantial completion scheduled for May 2017. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. No public or agency comments have been received. ! PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS-M with a 14-day Appeal Period. B. Mitigation Measures 1. A narrative shall be included in the final geotechnical report, discussing any measures employed in the final site/building design which serve to mitigate the low coal mine subsidence risk identified. If no measures are employed, the applicant shall provide justification for the ERC Report City of Renton Department of Community onom;c Development Environmental Review Committee Report LUA15-DDD736, ECF, SA-H, CU-A MISSION HEALTHCARE AT RENTON Report of November 2, 2015Error! Reference source not found. Page 3 of7 c. exclusion of additional measures. The final geotechnical report shall be submitted to, and reviewed by the City, prior to building permit issuance. Exhibits Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9: Exhibit 10: Environmental Review Committee Report Site Plan Landscape Plan Elevations Geotechnical Report (August 17, 2015) Technical Information Report (October 7, 2015) Coal Mine Hazard Critical Area Study (dated February 24, 2015) Grading Plan Neighborhood Detail Map Traffic Report (October 21, 2015) D. Environmental Impacts The Proposal wos circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The existing site is relatively flat with a slope from the east to the west sides of the project site. The pervious portion of the parcel is generally pasture with an existing coffee stand and access road. The topography of the site slopes from approximately 380 feet on the east side of the property to approximately 350 feet on the west side of the site. The steepest slope on the site is approximately 10% along the eastern half of the property. The applicant is proposing several retaining walls ranging in height from 2 to 13 feet in order to support grade changes on the east and west sides of the building primarily for parking. The existing site includes approximately 26,000 square feet of impervious area. Following development, impervious surface coverage would be approximately 75 percent. According to the Geotechnical Engineering Report prepared by the Golder Associates dated August 17, 2015, the soils encountered during field exploration include native ablation and lodgement till (Exhibit 5). According to the report, a groundwater seepage was encountered at depths of about 9.5 to 12.2 feet below grade. The depths would depend on the season and precipitation. The report states that standard construction methods and spread footings appear feasible from a geotechnical standpoint. Structural fill placement of up to about 8 feet would be required on the west side of the proposed pad. According to the Coal Mine Hazard Study, also prepared by Golder Associates, dated February 24, 2015, the subject site is located in a medium coal mine hazard zone as defined by RMC 4-3-050 (Exhibit 7). Medium coal mine hazards are defined as areas where mining workings are deeper than two-hundred feet for steeply dipping seams, or deeper than 15 times the thickness of the seam or workings for gently dipping seams. The site is not underlain by any mapped or known coal mine workings. However, due to the proximity of the adjacent coal seam, development on the site ERCReport City of Renton Department of Community MISSION HEALTHCARE AT RENTON momic Development Report of November 2, 2015Error! Reference source not found. Environmental Review Committee Report LUAlS-000736, ECF, SA-H, CU-A Page4of7 may potentially be affected mining related subsidence. Given the age of the mine workings and other factors it is likely the any subsidence that occurred as a result of the abandoned mines would have already occurred and a low risk of regional or trough subsidence exists on the site. The report however recommends potential measures in order to mitigate the low risk which include: the avoidance of settlement of sensitive exterior building finishes (stucco); the increase of the fall of gravity utilities; and the increase of stiffness of foundation element. Therefore, staff recommends a mitigation measure requiring a narrative, included in the final geotechnical report, discussing any measures employed in the final site/building design which serve to mitigate the low coal mine subsidence risk. If no measures are employed, the applicant shall provide justification for the exclusion of additional measures. There would be an estimated 6,400 CY of cut and 6,170 CY of fill associated with the proposed project. Removal of the existing impervious cover during construction would leave soils susceptible to erosion. The applicant will be required to design a Temporary Erosion and Sedimentation Control Plan (TESCP) pursuant to the 2009 King County Surface Water Design Manual Erosion and Sediment Control Requirements. Mitigation Measures: A narrative shall be included in the final geotechnical report, discussing any measures employed in the final site/building design which serve to mitigate the low coal mine subsidence risk identified. If no measures are employed, the applicant shall provide justification for the exclusion of additional measures. The final geotechnical report shall be submitted to, and reviewed by the City, prior to building permit issuance. Nexus: Not Applicable 2. Water a. Storm Water Impacts: The project site is located in the Black River basin. In the existing conditions, the site drains to the northwest and enter the existing storm drain system at the intersection of SE 174th Street and 106'h Place SE. Flows are captured in a 18-inch storm pipe in SE 174th and continues in a piped system west in 103'd Ave SE and connects to a 24 -inch storm pipe where flows outfall into a wetland to the west. No downstream or flooding issues were identified by City staff. This project is required to comply with the 2009 King County Surface Water Manual and the City of Renton Amendments to the KCSWM, Chapter 1 and 2. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Conditions. This project is subject to full drainage review. The applicant submitted a "Technical Information Report," prepared by ESM Civil, dated October 7, 2015 (Exhibit 6). The submitted drainage report includes the 8 core requirements, but only includes Special Requirement #2. All special requirements (six) must be included in the drainage report submitted with the utility construction permit. The report also includes a detailed summary of the pre and post developed conditions. The stormwater detention and water quality treatment would be provided within a combined detention/water quality vault under the parking lot located in the southwest corner of the site. The combined detention/water quality vault would discharge west to the existing stormwater conveyance system in the intersection of SE 174th Street and 1061h Place SE in the project's northwest corner frontage. The stormwater drainage conveyance system will be sized as part ofthe final TIR to convey the 25 year design storm event and to contain the 100 year design storm event. ERC Report City of Renton Department of Community MISSION HEALTHCARE AT RENTON 1nomic Development Report of November 2, 2015Error! Reference source not found. Environmental Review Committee Report LUAlS-000736, ECF, SA-H, CU-A Page 5 of 7 The approximate vault footprint is 40 feet wide by 125 feet long. Additional water quality treatment would be provided by modular wetlands/stormwater biofiltration systems for any flow that bypasses the primary water quality vault. Mitigation Measures: No further mitigation recommended. Nexus: Not Applicable 3. Transportation Impacts: Access is proposed via 106'h Place SE with an additional connection to the neighboring commercial property to the east. The project will utilize the three existing driveways as access points to the surrounding street network. No additional access points are proposed as a part of the project. The applicant submitted a Traffic Impact Analysis (TIA) prepared by Concord Engineering, dated October 21, 2015 (Exhibit 8). The provided TIA was found to meet the intent of the TIA guidelines and is generally acceptable for preliminary review with recommendations for minor revisions which are not anticipated to change the likelihood of significant adverse impacts. Level of Service: It is anticipated that the proposed development would generate approximately 422 average daily trips with 31 AM peak-hour trips and 41 PM peak-hour trips. The provided report analyzed five locations (Exhibit 8): Intersection 1: Benson Drive S / SE 174th St Intersection 2: 108'h Place SE/ SE Petrovitsky Rd Intersection 3: SE Carr Rd/ 1061h Place SE Intersection 4: Benson Drive S / Benson Rd S Intersection 5: SE 174th St/ 106'h Place SE The provided analysis notes that all intersections will operate at the same LOS (E or better) with or without the project with no more than a second delay. Therefore the proposal would not be required to mitigate at any intersection. Site Distance: The site distance was evaluated at the intersection of 1061h Place SE and S 174th St and it appears that the stopping distance is in excess of 500 feet which exceeds minimum standards. Impact Fees: Increased traffic created by the development on the remainder of the transportation system would be mitigated by payment of transportation impact fees. Currently this fee would be assessed at $21,966.69 per Ordinance #S670. The fee is expected to increase in 2016, to $27,994.89, and is determined by the Renton Municipal Code at the time of building permit issuance. Mitigation Measures: No further mitigation recommended. Nexus: Not Applicable 4. Fire & Police Impacts: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides Code required improvements and fees. ERCReport City of Renton Department of Community MISSION HEALTHCARE AT RENTON momic Development Report of November 2, 2015Error! Reference source not found. Mitigation Measures: No further mitigation recommended. Nexus: Not Applicable E. Comments of Reviewing Departments Environmental Review Committee Report LUA!S-000736, ECF, SA-H, CU-A Page6of7 The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ./ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on November 20, 2015. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7'h Floor, (425) 430-6510. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these nates are provided as information only, they are not subject to the appeal process for the land use actions. Planning: 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. 3. Commercial, multi-family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. 4. All landscaping shall be irrigated by an approved irrigation system prior to final occupancy permits Water: 1. Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate will be required to be submitted to the City with the site plan application. Sewer. 1. Sewer service will be provided by Soos Creek Water and Sewer District. A sewer availability certificate will be required to be submitted to the City with the site plan application. Surface Water: 1. A surface water system development fee of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the utility construction permit. 2. The development project is subject to Full Drainage Review in accordance with the 2009 King County Surface Water Manual and City and The City of Renton Amendments to the KCSWM, Chapters 1 and 2. Based on the City's flow control ERCReport City of Renton Department of Community & Economic Development MISSION HEALTHCARE AT RENTON Environmental Review Committee Report LUA15-000736, ECF, SA-H, CU-A Report of November 2, 2015Error! Referen .. i:: so1.1rce not fo1.1nd. Page 7 of 7 map, this site falls within the Flow Control Duration Standard, Forested Conditions. All core and special requirements have been discussed in the report. 3. The site drains to the northwest corner where it flows to through a series of catch basins and storm pipe at the intersection of SE 174th Street and 106th Ave SE. Flows are captured in a 18-inch storm pipe in SE 174th and flows continues in a piped system west in 103rd Ave SE and connects to an 24 -inch storm pipe where flows outfall into a wetland to the west. No downstream or flooding issues were identified by city staff. 4. The developed site will create 1.3 acres of impervious surface area and .46 acres will remain for the purpose of providing landscaping. The project is subject to a Level 1 downstream analysis and Enhanced Basic Water quality is required for the new parking lot and driving surfaces in accordance with Core Requirement #8. The engineer has proposed a combined detention and water quality vault to be located under the parking lot near the southwest corner of the site. 5. Construction Stormwater General Permit from Department of Ecology will be required if grading and clearing of the site exceeds one acre. A Stormwater Pollution Prevention Plan (SWPPP) is required for this site. 6. For the purpose of drainage review, the soils are not suitable for infiltration. Transportation: 1. Transportation impact fee that is current at the time of building permit application will be applicable on the project. Payment of the transportation impact fee is due at the time of issuance of the building permit. 2. No dedication of additional right of way is required. Street improvements are required. 3. If street cuts are unavoidable for water or gas service, a minimum pavement restoration of full concrete panel replacement will be required. 4. Traffic control will also be applicable. Fire: 1. Fire impact fees are applicable at the rate of $3.88 per square foot of space. This fee is paid at time of building permit issuance. 2. The preliminary fire flow is 2,000 gpm. A minimum of two fire hydrants are required. One within 150 feet and one within 300 feet of the building. Maximum hydrant spacing of 300 feet on center shall also be met. One hydrant is required within 50 feet of the fire department connection. Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5 inch storz fittings, which they don't appear to have. A water availability certificate is required from Soos Creek Water and Sewer District. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Kitchen hood fire suppression systems required. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150 feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25 feet inside and 45 feet outside. Roadways shall be a minimum of 20 feet wide. 5. Roadways shall support a minimum of a 30 ton vehicle and 75 psi point loading. 6. An electronic site plan is required prior to occupancy for pre fire planning purposes. 7. Standby power is required as follows per city ordinance. Standby power shall be provided to power all heating and refrige ration, communication and alarm systems, ventilation systems, emergency lighting, patient care related circuits and at leas t one elevator General: 1. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. 2. All plans shall be tied to a minimum of two horizontal and vertical controls per the City's current horizontal and vertical control network. fRCReport ...... 111 ii @ ,1, ! J J I f f ~ ;ii ~ ie ri· '' 1,,· 1 ...• '.i;i J 0 ii i ,.. ~ 11\ ! c( .. I i en 5 I • •• .. ii l!t I l 'I' I! .,,, !111 ., ~ ::'. ~; .. c,z C'II zo O"'·' r,: ~ ,; ~~ er: ::r: 1 fil l• I r ::>w -1 • r/) ~u ,(~ ...... i I , I w ! i ,1!,i ' r1'0 i!!l ,I i !,!i!!M! z, 11 ;: I!' i'i'. it :l11!11m q ! l ;~ : ~ i :l!!IM!l ~i 1! ~i ~ ~ ~ ~i ,,. ~~ !lia\alaii !;ii ~ i ~ j ! i?i; ! w il ·111 I pi ! !i! ii !i! I a 1 ! I !i i5 I! I I 8 di .. ! ! iii ii .. .. f 1111 i I. ;!; i s ! ~ I ~ ii 11! 0 i' 1j Ii I lil i 1 1 1, ill ii! I i ~ ! ~ !! ' f ~ ' ,Ii,, II Ii I , I t--. g \: I \ ill "11:1" I- 1-1 i:a 1-1 ::c >< w !: j: ( ; h Id, il I, L 'fi I!' o, J, !! i jil ,.i !;; ,~• ~I Iii ltU /,!! z w I' : llj ffi iYi I ! !~ ! j ! ! i !!, il 1:h 11 I! 11, .. !~---~...-------1 i !\ ~ Ji i,; i I ! f;! "' h:~ ~ !I Ii I li a: le i'i fl ill Entire Document Available Upon Request GEOTECHNICAL REPORT Proposed Development SE 174th Street Site Renton, Washington Submitted To: Careaga Development 4411 Point Fosdick Drive, Suite 203 PO Box 1969 Gig Harbor, WA 98335 Submitted By: Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 USA August 17, 2015 Rev.1 EXHIBIT 5 Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation Project No. 1523372-01 Entire Document Available Upon Request Mission Healthcare at Renton Preliminary Technical Information Report October 7, 2015 Prepared for Careage Inc. 4411 Point Fosdick Drive, Suite 203 Gig Harbor, WA 98335 (253) 853-4457 EXHI8IT6 Submitted by ESM Consulting Engineers, LLC 33400 81h Avenue S, Suite 205 Federal Way, WA 98003 253.838.6113 tel 253.838.7104 fax www.esmcivil.com Golder ssociates February 24, 2015 Mr. George Stephan Careage Development 4411 Point Fosdick Drive, Suite 203 PO Box 1969 Gig Harbor, WA 98335 RE: MINE HAZARD CRITICAL AREA STUDY SE 174TH STEET SITE RENTON, WASHINGTON Dear George: Entire Document Available Upon Request Project No. 1523372 Golder Associates Inc. (Golder) is pleased to submit to Careage Development (Careaga) this letter report documenting the results of our underground coal mine hazard assessment for the property you are considering for development in Renton, Washington (Site). We understand you are still in the process of feasibility assessments for the development and have received comments from the City of Renton (City) stating that the Site was adjacent to a mapped coal mine hazard zone and therefore a geotechnical coal mine hazard study is required. This report is intended to fulfill the City requirement for a coal mine hazard study. Depending on the depth of the mined seams, access slopes, and other factors, abandoned mines can present a potential hazard to surface structures due to regional ground or trough settlement, differential settlement, and sinkhole formation. Based on our assessment of the existing mine maps, publications and geologic conditions present, we conclude that the subject site is located in a medium coal mine hazard zone as strictly defined by the City Municipal Code 4-3-050. The Site is not underlain by any mapped or known coal mine workings, but due to the orientation of the adjacent coal seam the Site may be potentially affected by future mining-related subsidence. Due to the steep dip and orientation of the mined coal seams (dipping down to the south) there is a low risk of regional or trough subsidence that may extend onto the Careaga Site. We believe the risk of subsidence at the Site is low and that modest engineering mitigations can be incorporated into the project design to mitigate this risk. Please find accompanying this letter report a map of the subject site with an overlay of the nearest underground mine map (Figure 1 ), and a cross section (Figure 2) providing our conceptual interpretation of the subsurface geologic and mining conditions present adjacent to the Site. 1.0 BACKGROUND Portions of the City are underlain by shallow bedrock that contains several coal seams that were commercially mined below ground from the late 1800s until the 1950s. The approximate location of abandoned coal mines in Renton was researched and mapped in the 1960s and 1970s using historical mine maps. A comprehensive inventory report of the mines was completed in 1985 (Morrison Knudsen 1985). The information from those earlier studies, along with additional information on the overburden thickness (thickness of soil/rock cover over the mine working), was used by the City to create coal mine hazard map folios. The maps indicate areas underlain by coal mines and provide a relative hazard designation (low, moderate, and severe). A fourth term is used only on the City map folio ("unclassified"). In discussions with City staff, we understand the term "unclassified" means that abandoned mines are m"nn<>rl hut no investiqation was completed to rank the hazard designation. In simplified terms, the EXHIBIT 7 Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 USA 1883-0777 Fax: (425) 882-5498 www.golder.com Golder Associates: vperan,;,ro'll, in AfrJea, Asia, Australasia, Europe, North Ame-rlea and South Americ,1 Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporatwn '-1:) -'::.,::::::; I ~~ I """::~:....~ N~· NY'ld ~Nl(MIO 1Vl1.1.d30NOO ~ ;: : ! ~ ii ~ ",,. = _.,,., .•. _. N0.1N3tl .lV 3~ UlV3H NOISSll'II I , , j ~ ; t: ~,Ll'l~:iiliii 111&'1!!1 3 _ -_!,IVQ : l Ii j , i1 "' ~ ~ 1: .e ~ g g • • I co 1-.... a:i .... :c >< w .... --""-......... ,,_ ii Cl ! " i g ... I ! :z:~ ...... 11i 11 i!~ ~u §= Cl .~!! ii :i:! ::i::: !js I ri· ~Cl I z i -I _, -§ t _j.t ;1 ---1 IE) Entire Document Available Upon Request Careage -Mission Healthcare at Renton Traffic Impact Analysis Final Report Prepared by Xiaoping Zhang Tel: 206.682.0567 Email: xpz@cetransportation.com Concord Engineering 705 2nd Ave, Suite 700 Seattle, WA 98104 October 21, 2015 EXHIBIT 10 '3-11te ;;rn !' O E,t:x 19,~9 MISSION HEALTHCARE AT RENTON CONDITIONAL USE PERMIT JUSTIFICATION The following Conditional Use Permit Justification is provided in order to meet the submittal requirements of the Site Plan Review application: Consistency with Plans and Regulations: The proposed t1se shall be compatible with the general purpose. goals, objectives and standards of the comprehensive plan, the zoning ordinance and any other plans, programs, maps or ordinances of the City of Renton. The proposed use, convalescent center, is an Administrative Conditional Use compliant with the City of Renton zoning of Commercial Arterial (CA) and the comprehensive plan designation of Commercial Mixed Use (CMU). Additionally, the project will be developed in accordance with all applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application Furthermore, the proposed project's architectural elements have been designed to create visual interest in compliance with the Urban Design District D criteria. • Appropriate Location: The proposed location shall not result in the detrimental overconcentra/ion of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. The proposed facility, providing short term rehabilitative care, is complementary to the Valley Medical Center acute-care facility located within close proximity to the west. The proposed location of the short term rehabilitation facility is not expected to result in the detrimental overconcentration of this type of use within the City or within the immediate area. Most nearby convalescent center facilities are long term care while Mission Healthcare at Renton is specifically a short term rehabilitation facility. Effect on Adjacent Properties: The proposed use at the proposed location s/Ja/1 not result in substantial or t1ndue adverse effects on adjacent property. Convalescent centers are not generators of significant traffic; staff and service trip volume would be lower than the average for the permitted uses within Commercial Arterial zoning. It is in the interest of the patients at the proposed convalescent center to maintain a calm and quiet atmosphere that will not adversely impact the adjacent retail, commercial, and resident multi-family developments. The adjacent businesses will benefit from the addition of a skilled nursing facility to the neighborhood. Compatibility: The proposed use shall be compatible with /he scale and character of the neighborhood. Mission Healthcare at Renton is a very good fit for the neighborhood with visually attractive building components and landscaping. The proposed use of a short term rehabilitation facility is compatible with the scale and character of the neighborhood, having within close proximity a chiropractor's office, a pharmacy, and the Valley Medical Center, all complementary businesses. Parking: Adequate parking is, or will be made. available. The number of parking spaces required by code has been provided, as based on number of employees and number of beds. The proposed project provides 60 beds and one parking space is required per 3 beds, so 20 parking spaces are provided based on the 60 beds. Furthermore, the proposed project estimates a maximum of 72 employees, and one parking space is required for every 2 employees, so 36 parking spaces are provided based on the 72 employees. 20 + 36 = 56 parking spaces required, and 56 parking spaces are provided. out of which 4 will be ADA accessible and 16 will be compact. The proposed short term rehabilitation facility will operate 24 hours per day in three shifts, therefore, the greatest onsite parking demand is estimated for the 4-6pm shift change. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. The proposed project will include development in the street frontages to add new curb, gutter and public sidewalks per City standards. Proposed on-site development includes parking, internal pedestrian walks and lighting to provide for safe pedestrian and vehicle movement. The applicant will pay all necessary transportation impact fees in order to mitigate any impacts that would result from the project's completion. Frontage improvements will be undertaken along SE 174th Street and 106th Place SE to further reduce impacts. As concluded in the Traffic Impact Analysis included with this submittal. no additional mitigation measures are recommended for this development. • Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. The Proiect's bwldmg and site lighting will be designed to prevent glare or light intrusion onto adjacent property. Specifically the site lighting will be designed to feature indirect down lighting that is dark sky compliant The very nature of rehabilitation facilities is to maintain a calm and quiet atmosphere for the patients that will not impact the adjacent retail, commercial and multi-family developments. Given that the proposed project is in an urban environment and the proximity to Valley Medical Center, the noise, light and glare impacts from the proposed development are estimated to be minor, In summary, it is not anticipated that the proposed development will require noise, light or glare mitigation. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The facility landscaping will enhance the building's visual appeal and provide an attractive aesthetic for the patients and the surrounding neighborhood. Landscaping has been provided as required by City of Renton for all pervious areas, i.e. all areas not occupied by building or parking areas, including parking lot interior landscaping, parking lot perimeter landscaping, street frontage landscaping, as well as City approved street trees and ground cover in public right-of-way. 1\esm8\engr\esm-jobs\845\020\015\document\rprt-003 doc 4-1-~1 P~ ;::-OS·~,ckJr1\e :=i,,1te ~"03 1--farcor WA 98:J35 (253) 8S3-5280 rnore '.:?.JJ1 0i,:J•<l4)l MISSION HEALTHCARE AT RENTON CONDITIONAL USE PERMIT JUSTIFICATION The following Conditional Use Permit Justification is provided in order to meet the submittal requirements of the Site Plan Review application: • Consistency with Plans and Regulations: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning ordinance and any other plans, programs, maps or ordinances of the City of Renton. The proposed use. convalescent center, is an Administrative Conditional Use compliant with the City of Renton zoning of Commercial Arterial (CA) and the comprehensive plan designation of Commercial Mixed Use (CMU). Additionally, the project will be developed in accordance with all applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application. Furthermore. the proposed project's architectural elements have been designed to create visual interest in compliance with the Urban Design District D criteria. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. The proposed facility, providing short term rehabilitative care, is complementary to the Valley Medical Center acute-care facility located within close proximity to the west. The proposed location of the short term rehabilitation facility is not expected to result in the detrimental overconcentration of this type of use within the City or within the immediate area. Most nearby convalescent center facilities are long term care while Mission Healthcare at Renton is specifically a short term rehabilitation facility. Effect on Adjacent Properties: The proposed use at the proposed location shall not resu/1 in substantial or undue adverse effects on adjacent property. Convalescent centers are not generators of significant traffic; staff and service trip volume would be lower than the average for the permitted uses within Commercial Arterial zoning. It is in the interest of the patients at the proposed convalescent center to maintain a calm and quiet atmosphere that will not adversely impact the adjacent retail, commercial, and resident multi-family developments. The adjacent businesses will benefit from the addition of a skilled nursing facility to the neighborhood. • Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Mission Healthcare at Renton is a very good fit for the neighborhood with visually attractive building components and landscaping. The proposed use of a short term rehabilitation facility is compatible with the scale and character of the neighborhood, having within close proximity a chiropractor's office. a pharmacy. and the Valley Medical Center. all complementary businesses. Parking: Adequate parking is, or will be made. available. The number of parking spaces required by code has been provided, as based on number of employees and number of beds. The proposed project provides 60 beds and one parking space is required per 3 beds, so 20 parking spaces are provided based on the 60 beds. Furthermore, the proposed project estimates a maximum of 72 employees, and one parking space is required for every 2 employees. so 36 parking spaces are provided based on the 72 employees. 20 + 36 = 56 parking spaces required, and 56 parking spaces are provided, out of which 4 will be ADA accessible and 16 will be compact. The proposed short term rehabilitation facility will operate 24 hours per day in three shifts, therefore. the greatest onsite parking demand is estimated for the 4-6pm shift change. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. The proposed project will include development in the street frontages to add new curb, gutter and public sidewalks per City standards. Proposed on-site development includes parking, internal pedestrian walks and lighting to provide for safe pedestrian and vehicle movement. The applicant will pay all necessary transportation impact fees in order to mitigate any impacts that would result from the project's completion. Frontage improvements will be undertaken along SE 17 4th Street and 106th Place SE to further reduce impacts. As concluded in the Traffic Impact Analysis included with this submittal. no additional mitigation measures are recommended for this development. • Noise, Light and Glare: Potential noise. light and glare impacts from the proposed use shall be evaluated and mitigated. The PraJect's building and site lighting will be designed to prevent glare or light intrusion onto adjacent property. Spec1flcally the site lighting will be designed to feature indirect down lighting that is dark sky compliant. The very nature of rehabilitation facilities is to maintain a calm and quiet atmosphere for the patients that will not impact the adjacent retail. commercial and multi-family developments. Given that the proposed project is in an urban environment and the proximity to Valley Medical Center, the noise. light and glare impacts from the proposed development are estimated to be minor. In summary, it is not anticipated that the proposed development will require noise, light or glare mitigation. Landscaping: Landscaping shall be provided in all areas not occupied by buildings. paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The facility landscaping will enhance the building's visual appeal and provide an attractive aesthetic for the patients and the surrounding neighborhood. Landscaping has been provided as required by City of Renton for all pervious areas, i.e. all areas not occupied by building or parking areas. including parking lot interior landscaping, parking lot perimeter landscaping, street frontage landscaping, as well as City approved street trees and ground cover in public right-of-way. \\esm8\engr\esm-Jobs\845\020\015\document\rprt-003.doc MISSION HEALTHCARE AT RENTON CONDITIONAL USE PERMIT JUSTIFICATION The following Conditional Use Permit Justification is provided in order to meet the submittal requirements of the Site Plan Review application: • Consistency with Plans and Regulations: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning ordinance and any other plans, programs, maps or ordinances of the City of Renton. The proposed use. convalescent center, is an Admirnstrative Condit1onal Use compliant with the City of Renton zoning of Commercial Arterial (CA) and the comprehensive plan designation of Commercial Mixed Use (CMU). Additionally, the project will be developed in accordance with all applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application. Furthermore. the proposed project's architectural elements have been designed to create visual interest in compliance with the Urban Design District D criteria. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. The proposed facility, providing short term rehabilitative care, is complementary to the Valley Medical Center acute-care facility located within close proximity to the west. The proposed location of the short term rehabilitation facility is not expected to result in the detrimental overconcentration of this type of use within the City or within the immediate area. Most nearby convalescent center facilities are long term care while Mission Healthcare at Renton is specifically a short term rehabilitation facility. • Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Convalescent centers are not generators of significant traffic: staff and service trip volume would be lower than the average for the permitted uses within Commercial Arterial zoning. It is in the interest of the patients at the proposed convalescent center to maintain a calm and quiet atmosphere that will not adversely impact the adjacent retail. commercial, and resident multi-family developments. The adjacent businesses will benefit from the addition of a skilled nursing facility to the neighborhood. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood Mission Healthcare at Renton is a very good fit for the neighborhood with visually attractive building components and landscaping. The proposed use of a short term rehabilitation facility is compatible with the scale and character of the neighborhood, having within close proximity a chiropractor's office, a pharmacy. and the Valley Medical Center. all complementary businesses. Parking: Adequate parking is, or will be made. available. The number of parking spaces required by code has been provided, as based on number of employees and number of beds. The proposed project provides 60 beds and one parking space is required per 3 beds, so 20 parking spaces are provided based on the 60 beds. Furthermore. the proposed project estimates a maximum of 72 employees, and one parking space is required for every 2 employees. so 36 parking spaces are provided based on the 72 employees. 20 + 36 = 56 parking spaces required, and 56 parking spaces are provided, out of which 4 will be ADA accessible and 16 will be compact. The proposed short term rehabilitation facility will operate 24 hours per day in three shifts, therefore. the greatest onsite parking demand is estimated for the 4-6pm shift change. • Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. The proposed project will include development in the street frontages to add new curb, gutter and public sidewalks per City standards. Proposed on-site development includes parking, internal pedestrian walks and lighting to provide for safe pedestrian and vehicle movement. The applicant will pay all necessary transportation impact fees in order to mitigate any impacts that would result from the project's completion Frontage improvements will be undertaken along SE 174th Street and 106th Place SE to further reduce impacts. As concluded in the Traffic Impact Analysis included with this submittal, no additional mitigation measures are recommended for this development. • Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. The Projects building and site lighting will be designed to prevent glare or light intrusion onto adjacent property. Spec1t1cally the site lighting will be designed to feature indirect down lighting that is dark sky compliant. The very nature of rehabilitation facilities is to maintain a calm and quiet atmosphere for the patients that will not impact the adjacent retail, commercial and multi-family developments. Given that the proposed proJect is in an urban environment and the proximity to Valley Medical Center, the noise, light and glare impacts from the proposed development are estimated to be minor In summary, it is not anticipated that the proposed development will require noise, light or glare mitigation. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The facility landscaping will enhance the building's visual appeal and provide an attractive aesthetic for the patients and the surrounding neighborhood. Landscaping has been provided as required by City of Renton for all pervious areas, i.e. all areas not occupied by building or parking areas, including parking lot interior landscaping. parking lot perimeter landscaping, street frontage landscaping. as well as City approved street trees and ground cover in public right-of-way. \\esm8\engr\esm~Jobs\845\020,015\document\rprt-003,doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Itenton® AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov STATE OF WASHINGTON ) ) ss COUNTY OF KING ) ebaJ~ 0VZ.h duly sworn on oath, deposes and says: being first l. On the _LL day of OcJowr-, 2o__l_2__, I installed ___4_ public information sign(s) and plastic flyer box on the property located at ~I_D~(.~3~S~~~f~l~7~4~1>1_5~,f.~-----for the following project: Project Name Wrt!¥ Owner Name 2. have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal Code and the City's "Public Information Signs Installation" handout package. U-~re SUBSCRIBED AND SWORN to before me this lb._ day of ~ 20__.lS__. ~~~ NOTARY PUBLIC in and for the State of Washington, residing at b-..~.,.\w-w II,. My commission expires on ............,"i \, '2.11 \J H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\pubsign.doc Rev: 08/2015 Terry Flatley Plan Review Routing Slip ~S,CS; Mission Healthcare at Renfeo{11t~1 ./ f) :v~D Plan Number: LUAlS-000736 Name: ~U,11: "-" <'O!,f Site Address: 10635 SE 174TH ST ~1).fr~~" Description: The applicant Is requesting Hearing Examiner Site Plan Review, Conditional Use Permif~~nvironmental (SEPA) Review for the construction of a new 55,400 square foot, three-story, convalescent center contairnng 60 b;d;'i~e used for short term rehabilitation services. The subject property is located on the southeast corner of SE 174th St and 106th Place SE. The project work area totals 1.76 acres feet and is zoned Commercial Arterial (CA). The site currently contains an espresso stand which is proposed for removal. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. The proposal includes 56 surface parking stalls to the south and east of the building. The proposed development is within 50 feet of a coal mine hazard. The applicant has submitted a Drainage Report, Traffic Impact Analysis, Parking Analysis, Geotechnical Engineering study, and Coal Mine Hazard Report with the subject application. Review Type: Community Services Review-Version 1 Date Assigned: 10/15/2015 Date Due: 10/29/2015 Project Manager: Rocale Timmons Environmental Impact Earth Animals Air Environmental Health Water Energy/Natural Resources Plants Housing Land/Shoreline Use Aesthetics Where to enter your comments: Manage My Reviews Which types of comments should be entered: U•ht/Glare Historic/Cultural Preservation Recreation Airport Environmental Utilities 10,000 Feet Transportation 14,000 Feet Public Service Recommendation -Comments that Impact the project including any of the Enlvornmental Impacts above. see below Correction -Corrections to the project that need to be made before the review can be completed and /or requesting submittal of additional documentation and/or resubmittal of existing documentation. What statuses should be used: Reviewed· 1 have reviewed the project and have no comments. Reviewed with Comments -I have reviewed the project and and I have comments entered in Recommendations. Correction/Resubmit -I have reviewed the project and the applicant needs to submit and/or resubmit documentation and I have added corrections in Corrections. Street Trees On 174 Street -must be small maturing species due to overhead electric wires in/near the planting strip {not shown). Spacing shall be 30-feet on-center (as shown). Examples include fapanese tree lilac and Summer Sprite Linden. On 106 Place -street tree shall be a minimum distance of 40 feet to the stop sign at the SE corner of 106/174. Street trees shall be large-maturing species planted 50 feet on-center. Spacing currently shown as 30 feet on-center. Space trees -minimum distance to fire hydrant, gas valve, private water line, private sewer line 6 feet; minimum distance to street light 30 feet "'"''':~:;~7~ sAector or Authorized Representative J) -a:z-15 Date TRANSPORTATION MITIGATION FEE Project Name: Mission Healthcare at Renton Project Address: 10635 SE 17 4th Street Contact Person: Permit Number: LUA15-000736 Project Description: The site currently contains an espresso stand which is proposed for removal. Proposal includes a new 55,400 SF, three story, convalescent center containing 60 beds to be used For short term rehabilitation services. Land Use Type: Method of Calculation: ~ Ordinance 5670 o Residential D Retail ~ Non-retail ~ ITE Trip Generation Manual, 9th Edition o Traffic Study o Other Calculation: Existing: Espresso (-100 SF) 100 SF x 1 PM Peak Trip/1000 SF (ITE Manual 938) x $7,517.08/Trip (Ordinance)= $751.71 Proposed: 60 Bed Convalescent Center 60 bed x $479.11/bed (Ordinance -Nursing Home 2016) = $28,746.60 TOTAL= Proposed -Existing= $28,746.60-$751.71 = $27,994.89 Transportation Mitigation Fee: $27,994.89 Calculated by: _B_._B_a_n_nw_a_rt_h _________ Date: 10/28/2015 Date of Payment: H:\CED\Development Services\Development Engineering\lmpact Fees updated 10/23/2015 Agencies See Attached George Stephan Contact/Owner 300' Surrounding Property Owners See Attached (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING '''"'"""'' ::f,.:---:,~~ ?Ol~~~;,,'1, :: ? ::: _o1141f1-~ I certify that I know or have satisfactory evidence that Sabrina Mirante ; f. "' _ ~ signed this instrument and acknowledged it to be his/her/their free and voluntary act for,~he ilfes a.iiJ.~po f mentioned in the instrument ; ~""" a.29,'\~ S" _--,~,,,..,_.'#-?-~ Dated: ,-_'.,.J.,Jk~ /5, ;)O('f ,,; , ' O,: w,._s I ary Public in and for the State of Washington Notary (Print): ___ _,,BJ.lc ... ,l ... ~.~-..Jr ... , .. ZJ ... N .. ' '"'J!.:,.~-------------- My appointment expires: \ 1--\ir·" 1 'J. '\ ,:ion Mission Healthcare at Renton LUAlS-000736, ECF, SA-H, template· affidavit of service by mailing Dept. of Ecology * * Environmental Review Section PO Box47703 Olympia, WA 98504-7703 WSDOT Northwest Region ' Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers *** Depart. of Natural Resources PO Box47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Timothy C. Croll, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology ** Muckleshoot Indian Tribe Fisheries Dept.** Attn: Misty Blair Attn: Karen Walter or SEPA Reviewer PO Box 47703 39015-172"d Avenue SE Olympia, WA 98504-7703 Auburn, WA 98092 Duwamish Tribal Office "' Muckleshoot Cultural Resources Program•• 4717 W Marginal Way SW Attn: Laura Murphy Seattle, WA 98106-1514 39015 172"' Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division * Muckleshoot Cultural Resources Program•• Environmental Planning Supervisor Attn: Erin Slaten Ms. Shirley Marroquin 39015 172"' Avenue SE 201 S. Jackson ST, MS KSC-NR-050 Auburn, WA 98092-9763 Seattle, WA 98104-3855 WOFW -Larry Fisher* Office of Archaeology & Historic Preservation"' 1775 12th Ave. NW Suite 201 Aitn: Gretchen Kaehler Issaquah, WA 98027 PO Box48343 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Tim McHarg Attn: Charlene Anderson, AICP, ECD Director of Community Development 220 Fourth Avenue South 12835 Newcastle Way, Ste 200 Kent, WA 98032-5895 Newcastle, WA 98056 Puget Sound Energy City of Tukwila Wendy Weiker, Community Svcs. Mgr. Jack Pace 1 Responsible Official 355 1101h Ave NE 6200 Southcenter Blvd. Mailstop EST llW Tukwila, WA 98188 Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal liaison Mgr. 6905 South 228'" St Kent, WA 98032 •Note: If the Notice of Application states that it Is an "Optional DNS"1 the marked agencies and cities will need to be sent a copy of the Environmental Checklist1 Site Plan PMT, and the Notice of Application. 0 Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ~Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L erin.slaten@muckleshoot.nsn.us .,.,.Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing 2923059012 2923059125 2923059134 PARTNERS PREFERRED YIELD II TANKLAGE FAMILY PARTNERSHIP GRE SUNSET VISTA LLC PO BOX 25025 1025 TANKLAGE RD 2801 ALASKAN WAY STE 310 GLENDALE, CA 91201 SAN CARLOS, CA 94070 SEATTLE,WA 98121 2923059135 2923059134 2923059134 GRE SUNSET VISTA LLC Current Resident Current Resident 10404 SE 174th St 10400 SE 174th St 10402 SE 174th St Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2923059134 2923059134 2923059151 Current Resident Current Resident Current Resident 10406 SE 174th St 10408 SE 174th St 10407 SE 174th St Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2923059151 2923059151 2923059151 Current Resident Current Resident Current Resident 10409 SE 174th St 10415 SE 174th St 10411 SE 174th St Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2923059151 2923059158 2923059158 Current Resident Current Tenant Current Tenant 10413 SE 174th St 10622 SE CARR RD STE A 10622 SE CARR RD STE C Renton, WA 98055 RENTON, WA 98055 RENTON, WA 98055 2923059158 2923059160 2923059160 Current Tenant Current Tenant Current Tenant 10622 SE CARR RD STE B 10700 SE 174th St Suite 101 10700 SE 174th St Suite 106 RENTON, WA 98055 Renton, WA 98055 Renton, WA 98055 2923059160 2923059160 2923059160 Current Tenant Current Tenant Current Tenant 10700 SE 174th St Suite 104 10700 SE 174th Suite 202 10700 SE 174th St Suite 204 Renton, WA 98055 Renton, WA 98055 Renton, WA 98055 2923059160 2923059160 3223059053 Current Tenant Current Tenant WAISS G STEVEN+ROBERTA 10700 SE 174th St Suite 102 10700 SE 174th St Suite 201 20702 SE 162ND WY Renton, WA 98055 Renton, WA 98055 RENTON, WA 98059 2923059178 2923059198 BENSON ROAD MINI LLC TVC RENTON CO WA LLC 133 EAST LAKE SAMMAMISH SHORE 5757 W MAPLE ROAD #800 SAMMAMISH, WA 98074 WEST BLOOMFIELD, Ml 48322 George Stephan Careage, Inc 4411 Point Fosdick Dr, 203 Gig Harbor. WA 98335 R¢J Y --~ITYOF ® -----------enton _t;~·, PUBLIC HEARING: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Proposed Mitigation Measures: Public hearing is tentatively scheduled for December 8 2015 before the Renton Hearing Examiner in Renton Cguncil Chambers at 11:00 am on the 7th floor of Renton City Hall located at 1055 South Grady Way. The subject site is designated COMP-CMU on the City of Renton Comprehensive Land Use Map and CA on the City's Zoning Map. Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC 4-2-120A and other applicable codes and regulations as appropriate. The following Mitigatiorl Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. • The applicant would be required ta comply with those recommendations included In the provided Geotechnical Report. Comments on the above application must be submitted In writing to Rocale Timmons, Senior Planner, CED -Planning Division, 1055 South Grady Way, Renton., WA 98057, by 5:00 PM on October 29, 2015. This matter is also tentatively scheduled for a public hearing on December 8, 2015, at 11:00 am, Councll Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (425) 430-6578. Following the issuance of the SEPA Determination, you may still appear at the hearing and present your comments regarding the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Rocale Timmons, Senior Planner; Tel: (42S) 430-7219; Eml: rtimmons@rentonwa.gov DEPARTMENT OF COMMU AND ECONOMIC DEVELOPMENT ---------rtenton ® Planning Division LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: Careage Inc. PROJECT OR DEVELOPMENT NAME: Mission Healthcare at Renton ADDRESS: 4411 Point Fosdick Dr. NW #203 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: Currently 10635 Southeast 1741h Street, 98055 Proposed XXXXX 106'" Place CITY: ZIP: Giq Harbor WA TELEPHONE NUMBER: 98335 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 2923059042 APPLICANT (if other than owner) EXISTING LAND USE(S): Vacant Land -conditional use NAME: Espresso Stand PROPOSED LAND USE(S): Short Term Rehabilation COMPANY (if applicable): Facility EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: CMU PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: ZIP: (if applicable) TELEPHONE NUMBER: EXISTING ZONING: CA CONT ACT PERSON PROPOSED ZONING (if applicable): NAME: SITE AREA (in square feet): 76,615 Georqe Stephan SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: Careaae Inc. SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 4411 Point Fosdick Dr. #203 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable) Giq Harbor 98335 TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) NA 253-853-4457 gstephan@careage.com NUMBER OF NEW DWELLING UNITS (if applicable): NA C:\Users\gstephan\Desktop\Renton -masterapp (1) -22SEPT2015.docRev: 08/2015 P. __ JECT INFORMAT_IO_N~(c_o_n_t._ .. _.Je_d~I) _______ ~ t NUMBER OF EXISTING DWELLING UNITS (if applicable): I NA PR.Jl!ECT VALUE: ~ i\,100 ooei.~ SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): $NA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 54,400 SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 72 but initially less until census stabilized 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA D GEOLOGIC HAZARD D HABITAT CONSERVATION D SHORELINE STREAMS & LAKES D WETLANDS LEGAL DESCRIPTION OF PROPERTY __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. __ sq.ft. (Attach legal description on separate sheet with the following information included) SITUATE IN THE SW QUARTER OF SECTION 29, TOWNSHIP 23, RANGE~. IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) George Stephan, declare under penalty of perjury under the laws of the State of Washington that I am (please check one) D the current owner of the property involved in this application or IZI the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative Date STATEOFWASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Ge•:""\€. ~~ j' ~ signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. Notary Public in and for the State of Washington ~(.~O., M. ~ ... ..,:.\ Notary (Print): My appointment expires: C:\Users\gstephan\Desktop\Renton -masterapp (1) -22SEPT2D15.docRev: 08/2015 -0 ..... .._--------~-~---·-----------··---·-···•••'o,•• ... 10.00 2.00 26.00 ~ ... - Soattle, 11A 98111 · 292-313.5·. •1602 I) ..... 38.00 Tal•U -·-= , &,.,.U~· :fht.;:,,." .... A IZ5 IID.58 C..oc.ocle =:. ~.l,HI.H 1--4-----i----~~---..-i:::..~-~.f.i;;JI': Let e 158 WDS8 CHcocl.• .... _ 'i "" '.. • .... ¥,k~ 11---1-----1-----1-----1-. ,.., o"'ii;;iiiiiiw Loi C 42 IIP58 Canada tN... 'IHIN SE SW ... __ _ LolA SH Attlchacl :;-. -~~ -.. ~ .-::.;t -----------------------------. --------------..... --/;> Sea Attached Lotc See Attaeb1d , ... , .. 15 RECEIVED HAR 2 B 1991 SUBDIVISIONS er.,ited 8y: ICM Kar• .. Printed: 1/l/20U 3!04:08 PM PIT ·- -.. ~ 0 •.if .. " .... I> ... I Rlilli i.~'· I "l"'i;;, I I / I <.. ::,,. j l I 1 -t ti ~ ... I N !/ 0 ~ o-4 :-1 ) ~ N .,,. 0 " a) ..... ~ .;;, / ' /1 !a1"1ijl! \ *ij;i!i! : , // ; '! 1 Iii r 0 / =1~ y -I / i ~ GD" > ,,. g . !rtr,h bamulary UN ad:fUtaHt HquHt: ...! =1f:f:%0:0 ~ :=1:!ttC:-:r.1;•:;1:=.1:;!fa:~0~ti. 0!r,:.Ct:'t=~ty ~ Cft a:: ::ltf:!: f: «:'1::.~•t tha 111nrl~ aadlgued laf(I) HJI DoH 11Dt QUall.t.1 fO&: an. axamptlDQ du.• to; '1..09111 • Dau Order: No•-Ofller 1 .. n:11 Do""1 KC:1"1 U0,2'1802 Page 2ol 6 created By: Kea Karwiu Printed: 1/5/2015 3:04:08 PM PST n- 'I e,58.0l ftAILLET • MUIR ASSOCIATES OLD LEGAL OESCRIPTIOM FOR PARCEL Az • 0 • - ( J JAN 1991 That parUon cf tho Southeut qnrter o'f the-South111Ht quiJrtu af S.ction Z9, ToMMhiP 2'l North, R,uuae , Eut, w.11., in Kino County, Wnhin9ton 1 h'in11 N111t of tho W11t11r\1 ftUQin of S. R. 515, n con11eyed to the •t•llt af W,n.hinvton b)" inti\.ru111enl. ncorded Ufldl'r rec:ordin9 No. 741031 .. 0279, WHt af th• UHhrly 111.r9in of 108th. Avenue S.E.(Bens.on RDADJt H conve)'ed to Kin9 Count)' by fo'ltrul!'ll'ht recorded 1,1,n11hn· .-uordb9 No, 528i11BS6 North of the, hlorthtr"l)' ,i,ar9ln of Sautheut 176th SlrHt u conv1yed to Khi; County by instruaent recorded under rl!'card:ln9 No. 5294956, Sauth o1 the Southtol"ly 1Hr-9tn of EautheHt 17'4th Btrfft, n conve1ed to K:lnt;1 Count)' b)' fo1truaent re,card1td uneler recordinq No. 1,997es. tnd Ent cf • line · de,scriLed n fol10•11 Bi.GINNING o1,t tbw Sguth quuhr corner ot Hi.el Seclicn; THEN:E South S6· .iia· 01" Wnt •lon9 t.~• South UJlie of uid Section, •.dhtance o1 369.01 hetf THENCE North OJ• 11' ~9"' West • dish.nu of so.00 feet to th• Northu1)' •o1r9in o1 s.Aid SouthHs.t l76tn StrHtt uf.d po:f.nt be:f.no • point of curve1 THENCE WHt•r1Y '1on9 sdd Norther"ly ,narqtn c:;n ,1 curve to the d9"1 havin9 • r'&diu.s of 308.17 fit1tt. 'for ~ dht&nn of 4!Sl.2B fnt 1.nd to thr-TRUE POINT OF' !t!GINNIMI of Hid Un• clHcriptian1 THENCE'. Notlh 01• 43' 16" Ent, dhllnc1 184.·&B feet1 THENCE Nor"th ea• lo' 44 11 Wnt, • 'd:ishnce ot 8.34 fHtf THENCE North OP 43' 16" Ent, • diU,1nce of 229.60 1Ht to tM Southarly Hr"Q:in 01' uid Southe•st 174TH Str"H\ and TERl1lN1JS of '5aJd line-descripUon; (tALsO Mown n lot A of K:in11 C:ountr Lot Lfoe AdjustHnt No. 118400 EJCCEPT •11 build:int;s, fiHurn and equip•eont and illnJ' olhr rioht, t1tle and !ntuHt u canveye,d b)' :lnt.tru•~t r'•cordicd dnd•r rircorclinQ No. aqoJ3011461 an.d EXCEPT a.ll coal .nd 11iner,i,l~ and the ri9ht to explor't fot i1nd 1111ina lhe 11••• H rnerved b)" deoed r.corded under" ncord:lnq No. 2813921. All silu<'lt~ :in the-County of fCing 1 State of Wuhin9ton. Re,'fe,reoncH PU"cel A, Fir1l American Title ln1ur1nce Co11p1n1'• Pht CerH1ici1t, Ord•,. No. 1973511-5 NEW LEGAL DESCRIPTION FOA PARCEL tu U•11t portion of the Southust quarter of lhe SoulhWHl quitter of Socl:lon 2'9. Township 23 Nor-th, R•nqe 5 Ent, w.n., in IUn9 Count)', Wi1sh:lni;it11n, beinq 1110"• pad:i cullrly dHtr1bNI u folloNSI BEDJP.NIN0 At \hi' South qu•rter corner cif Hid Section; THENCE south a,• ~u· 01" We.t .ion11 th• S011th lin. 01' Hid Section, 368,01 feet; lHENCE Narth 03" ll' 59" W•U 50,00 fHt ta the Nortnorly •u9in of uid Southent lil'Uh Strret , THE TRUE POINT Dr 8EGlt,1,1JNG ,1nd o\ point on • non· t,1n9enl ct.1tve fro111 which th• cenlel' bHr!I Nor"th o:s• 11' 59"' West 308.11 ftel distt1nt; THENCE W!!'stl!'rl)' .ton9 said Nar"Ul•rlr 111.rqin alono ,. curve t11 the rlqht h1v:ln9 a centrll an9h of 091 32" 14" and "' arc hnqth af :it.JO ,··.1, .• 1 Ordar: No••Or4er SNrc:11 Doc: KC11'P18J.0411Mli02 Pap3of6 c, .... d ay: Ken ... ,.... Printed: 1./5/2915 3:04:0I PM PfT " ...... 0 • - ( feeti TNE;NCE Norlh 01• 43' l6"' E•1ot J9ip.z5 fut1 THENCE alonq • CUNI!' tD the left hAvin9 a ,,..dh11 of 25..00 fHl, t1 untral 1n9le cif 24• 59• 11" o1nd • •re Jrn9th Df 10.90 -feeh TH£ti1CE No,.th 01' 43" 16~ £,nt 204.04 feel Hrl!' or' hu lo the S0utt'l•rl1 111,1;,-1;1fn of Southust 174th Street, 11, ccnYl')'ed to kin9 Count)' b)I inatrua~nt rtcoreled undl'r ncordinq No. IS9818SJ THl'NCI South 79' 51 • 09 .. t•~t 303.40 fut 111ore, or 1'H tD the lllet.ttrl)' ,a.arqtn af s. A. )U, u conY111yvd to thv tt•tt, af Washin9tan by indrua.nt reco,.dwd under r'HDrCl.it19 No. 7410Jl ... 0279 1,nd • paint an • non-hnqf'nt curv& troll which 1.hw un\el'" be,1,n South 65' 04'12 .. IIH'l 7,5.00 fel't dittant1 tnence, .iono a cul'"Ve to the r{Qht h1vinq • unlr•l .t.n9le-cf 20• ,,2·47" and • ,.,., ll!'nqth oi 264.U iel'\1 lHEtCE Sc,uth 01• 42' ~2 .. West dam~ Hid H.r9in 69.40 feet THENCE South 42' 21' 02" NHt 21.60 1Ht to th Northerly m•r9Sn of Southent 176th Str-ut H «:onv•r•d to Uni;: Count,-b)" :lnstr111111nt r•c-arda,d under ncord:l:n9 No. '-2848'56, THENCE South B6" 4B' 01" Wnt ..1oa.01 'foot to THE TRU( POINT Of B(GINIIING . Contdnhq 131,l3f 5Qu•r• F'Hl •an or le••• Subject \o ll'He,111•nt, restd.ctioM,, 1,nd re,sH·vi1tion of recaP"d. OLD LEGAL DESCRIPTION roR PARCEL U: That portion of the Southent qu•rt•r of th'!' Sc:n1ttlwe•t Qu..-te,r of Sl'C"tion 2,. TCMi1n1hh 23 North, Ru-9• ,. £at. W.M., in Hing c,untr, Wnhin9tun, de1icdbtd •• fol low,: BEGINNING U the . Sauth qu111rter corner of •uid SHtion; THENCE South 96' ~e· OJ'" Wet.t •lon9 thir, S01.1th lin• a1 said SecUor,1 • dist•nc:• of 369,0J ferh THENCE Norlh 03' 11' 59" llestJ • dht .. nce of ~.oo ft!et ta the Nodhtrly ma.rr,in o1 Sout~ut 1,6th Str-eet, H conveyed to Kinq County b)' in1tr,,1111e,nl re,ca,.dt!d under rMordinl} No, 52848~t THEt..lCE llnhflr alonq uid Northerly 1Hl'tin an • 1:1.1rye to thir riqht h1Yin11 • r1diu1, of 3011.17 feeot, for I dist.nee of ~,.H feet to thv TAIJE POJNT OF BEGINN'lNG1 THENCE North 01" qJ· .... E,nt, • dhhn"e of 1B4.6B fH\J THEt.CE Narth es• 16' .aHI'" Wa~l 263.78 fee,t to the Northeorly 1urqt:n of J.G. Cur Road (106th Phce Southvul). H conver1td ta Kinq County by in1,truent rtcordtd under r-ecordf.nq No. ,ze49'-6; THENC£ Sautheuterl1 dong ,atd 1111r9in :338.82 feet to th1t TRUE POINT OF BEGINNING. EXCEPT 1111 builtlinqs. fhturH .a.nd aquip1111mt i&nd .,n,. other' ri9ht, UU• and interHt n convvyed b)' in1\ru11ent rHordird 1,1nder re,,ordin9 Ng. 8403301146i ..nd EXCEPl .i l coal and min!'rills and the right to l!'1;plarl!' for •nd 11in• lhe laffle as reserve,d b)' dee,d l"l!'Corded under recordin9 Na. 2813921. Al 1 ,-:I \u•h· in lhP Count)' uf King. STATE of WHMn9tor, .. Re11!ort•nc1t1 Puul u, Finl A•Priun Uth lMttnnt• Cainp•ny's Plat Cediiiut~ DrDer No. 1B73S9-, NCW LEGAL DESCRJPTJON FOR PARCEL Bi Thc\t pQrtion of the Souttieu,t ciurter-of the 9outhwe,s,t qu•l'tl!'r of Section 29. lown!!iMP :?J North, Ran9e, $ £ul1 w.n., in KincJ County, Wa1ihin9ton; beinq more particulArJ)' dHcribed .n 'fo1J1n,11~1 ·.~_,.·,. .·,.'.'!;,.!.·~t.· Order: Non•OrderSeerc:11 Doc: KC:1H1 •1N:Zf1f0:Z P•tte•ol6 CJe11ted ly: Ken Ku•... Printed: 1/5/2015 3:04:08 PM PIT , .... -· 0 • - Z,EGJNNlNG U ttie Sen.1th q1.1Mht corner' of Uid Sectiorq THENCE Sauth e,• 48' 01 .. WH1. ollofl9 the Soutn line o1 uid Section, 368.01 feet; THENCE Nor'lh OJ• U' 5911 Wnt :t0,00 fpel to lhl! No,-therly 111,1,-91n of HUI S0utt1u1t 176th Stre1tl 41hd .i pciinl on • non-t .. nqent cur\le froll'I "'hich the center bu.re North OJ" 11' 59" lilt!'!i.l 309,17 feet dht.anl1 fHE:NCE Westerly ,1,lcno Hid Narthrl"l)' ••rqln dohq • cur"'e lo the dol'll h•vinq • centr•l anqle of 09• 32' 14• and • •re Jenqlt, of :it.JO faet ta THE TRUE POINT OF B£DIN!-:INti1 THENCE North oi• 43' 1,• £&st. 199.2~ feet:; lHENCE donq • cu.n,11 tt:1 the h·fl h,11vin'i1 • r•diut of 2S,00 fee,t, • centt•l anole of 89'"' s9· 56~ M,d I\ !tT~ ;_.i,iHh o'f i-1.27 1Ht; TH£NC€ Natth ee· 16 · 441" WHt 2S.S.94 feet 111ol'e or l.s.s to tu Northu1.terl)' 11,11,.-qin of J.C. C•rr Ro•d t 106th Pl•ce Sou U1eA'!i l 1, .as convey rd to K~ nq Caun ty b)' ins trunarnt re,cc;rded undi,,,- r1ttordJn9 No. 5284856, THENCE South 2'6• ,o• 0'" East .tanq said 111rq!n ,J.63 feel; THENCE •Jonq • curve to the left ha¥inq • rdiuw o'f 308.17 'fee,t, • c•ntul ,1nqle of 56' 46' 16• .and "' .ar-c hntJlh of JO~.:S$ 1Ht to THE TRUE PD1Ni OF B1i:U1NNJNG~ Con1.-inin9 43,8l1 Squ•r• F'Ht iaore o, lHt.. Subject la ro11ie111ent, re1tricliD11s, and retiiervo1hon of record. OLD LEGAL DESCRIPTION FOR PARCEL Cs THAT port:ior. of the Sollthust qu,al"'ler at the S01.1thw1!!9,l quart~, of SecUcin 2f, Township 23 North, fh,nig• !> t:Ht, W .. M., in k:f.nq County, Wnhinqton, d•scribed •• follows1 BEGU,NING at the Sallth qu.arter col'ner of Hid Section; THENCE South 86• q9· 01• Wnt donq the South line ot u.icl Section, • distance of 368,0l feetj THENCE" Nodh OP 11' 59• West, • df'!il•nce of 50,00 feel to the Nodherl)' fllarqitt of SolltheHt 176th Street. u conveyed to HinQ Cauntr br instrument recorded und•r' recording Wo. 52B4B~6 1 Hid point be:i.nQ • poil'lt of curv•: TtlENC[ We!olerly alol'l,q said NorU,erly a.argin on • curye t.o u,e- riQht havinQ A radiu• o1 308.11 fa•t, for A dht1nce Df 45.28 fut; THENCE North 01• '43' 14" Ent, • dU.hnc11 of 184.68 teoeh THENCE Nortl\ ee· u· .tl4" WHlt • disU,nc:e Df 9.;:54 fte\ to \hi!' TRUE POINT OF' BEGINdNG: THENCE conlinuin; Nof'\h ea-16' 44" west. • C:istancl! of 2,,.12 feet to the Ea!:ilrr))" 1r1.argfo of 106th Phe:e Southe.u,'t., •s c.onvl')'~ to tCi.nq Count)' by instr"u•l'nl l"ecorded undel" re-cordinq No. 52848,6; THENCE North 211,• so· .tl9" Wetl "long Hicl £0.,trrly Hr9in 2::u.,4 fret ta~ peint "P1 curye; THENCE NorthwHhrly alon9 Hicl E11llrl,r ••r;fo o1 • CUNO \D th• LC'fh h,vtnq • r,diu'I of IIIJ2,04 feet 'far' • di1oUnu of 124,91 'feat to ltlw Soulhtrly "'"'r9Sn af 60\lthtat 174th Street, u conveyed to Kine~ County br instru111rnt recorded under l'"e-cordJn9 ND. 1'9078,t THEJ.ICE South 79• ,1 · 09" Ent 11JonQ s•id So1.1lherly 11,ugin, " disl•nc• o1 44B.l2 feet; THE:NC£ South 01• qJ· U" West, ii di5\ilnce of 229.60 tvel to OIi' TRU£ POJNT or EG 1 C!!_LSD known u Lot C of Kill~ Countr Let Lin• AdJue\ .. wnt No. 1164009 1 EXC£PT •11 bui.ld;;q:-:-;aNxturiR~ ,1nd rq11ip.ent o1.nd ill'I)' otnQ,'~ r"T;ti.t., tiUe •nd 1nterHl H COl'IVP.yed by 1nslr1.1111ent recorded und•r ,-e,ordinq No, 84033011116; and EXCEPT •ll coal ,1nd ,dne!".als o1nd the riqht to e•;:lore tor •nd lflin<> th• i&t'IIH .s reseorvt"d by deed recorded under r•cordinq No. 2813921 • ..... <A ... , ........ u._ ... w.tB.4SW¥ .... &,1..4J &fs ., .. , 1. ONler. lloa-Order lurch Doc: KC:19'111104:ZHH:Z P1ge5ofl Cre1ted By;: llH lllrNH Prtnted; 1/5/2015 3:04:08 PM PST , . ..... -• • - ( All •HY•te in \hi' Caamtr of Kinlh Sh,l• gf WHhUUjlton. Rehnnc.•: Pucel C, First AHriun TiU• Jn1u1·41nce CD11p,1ny·, Plat Cl'rUfi c1 le 0..-der No. 1873:&f .. ~ NEW LEGAL IESCRJPTION roR PARCEL c, Ttlilt portion of th• S011thH,lt Qunter of the Sou.thNeU q11i1rbr of S•cUan 29, Townt.hip 23 North, ff1.n91 ~ £Ht, .i .. h., in Kin9 Cauntr, Wuhin9ton1 beinlJ •or~ pu-Ucuhrly dHcribed H follCKi1111 BEOIMIIING at the Souih quarter cornel" of ~&id SecUon1 TH£NCE South 86• 48' 01• Wes.t 1.lon9 th• South Une of Hid s~cUon, 369 .. 01 fret1 THENCE North Ol' U • ,,• Wnt ,o.oo fe,et to lhe Northerly •.aroin of Hid Soulhea•t 176th -Stneot and • poi,.t on .a non-bn9•nt c1u•ve fro• which the nntu bur, North OJ' 11' H" WHt 30B,17 fett di•t•nt1 THEHCE WHtltrlf dong Hid North•r""l)' Hrtin &lon9 • cnv• to th• r"i9ht hvin9 • c•ntro11 i11n9J& of 0,. 32" 14• 1nd a •l'c len;th af 5J.l0 f•et1 THENCE Nr:arth 01• 43' 16" Ent 199.25 fert; THEN::E 1lon1J & cu.rve to the ll•ft ti..Yin9 • r•dh15 of 25.00 feet, .. c1u1tnl •n9le of 24• 59' ti-•nd • •re len;th of 10.90 'feet to THE TRUE POINT OF IEGl~lNGJ THENCE North os· 43' 1,11 E..ist 204.04 1eet .111on or lest to ttw Southerl:, •1r9in-of Southl!'Ht 174th StrHt, ,.,. c:onYe)'ed to Un9 Caunt:, by inttruatnt rec:ord•d under reicord:lnlJ Na. U9B785; 1HENC£ North ,e· H • OP Nett .alOMIJ Hid ..... ,,n 4148.n fHl aora or ln&-to the NDt'thHsterb" ••r,:fn af I.G, C•rr Ro•d (106th Plue So1.1thHsl)• u conyey•d to K:i.n9 Count)' by in~truHnt rtCOT'dlfd under rll!'cordh19 No. ~2B4SS6, i1nd a point on • non-bnqent r:urve from which thit center burs South 4&• 34" 25"' WPSt 432.04 fHt dist.anti thence .iont • cur\illl' to thr r:f9ht lia\il:lng ,1 c•ntr11l .n9le of 16• 34 • 46• 1,nd • arc len;th of 125.02 fHtl THEtiiCE Sou th H• 50' 49"' EHt 186 .. 00 'feet; THENCE South 8B• 16' 44• Eut 255.94 1-ret THEt«:IE: alon9 1 cul'"VI! to the d9ht t,1\ilfo9 • rtdi.UI 01 25.00 f•et, • cent.rd An91t o1 H• oo· 4S-.. na a •1"c ler.Qth Df "ZB.37 faat to THI;: TRUE POINT OF BEOINNINO Cnnlain:Ln1,;1 76 1 615 Square r~et more or le5'1i• Subit1tt to u1•1111nt. rintrfclian•, 1n!S 1"esrr\ili1Uon of recard. Onlen rton-Onler INrcll DDC; KC:1911910426160:Z Pa1e& Dlli Creabld By: Ken Kio.-••• Prl11111N111/S/2015 3:041DI PM PST '\ RESOLUTION OF CAREAGE, INC. CAREAGE, INC 4411 Pt. Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 FAX (253) 853-5280 Phone (253) 853-4457 Careage, Inc., a Washington corporation, (the "Company"), does hereby adopt the following resolutions: WHEREAS, the Company owns the unencumbered fee title to the real property in King County, Washington described on Exhibit A hereto (the "Property"); and WHEREAS the Company has filed a Land Use Application for the Property with the City of Renton, a copy of which is attached hereto as Exhibit B; NOW THEREFORE BE IT RESOLVED, that the Company, at all times through its Director of Construction, George Stephan, shall execute all such documents as may be necessary or appropriate to complete all aspects of the Application and be it FURTHER RESOLVED that the Company, through its Director of Construction, George Stephan, be and hereby is authorized and directed to make all such arrangements and to do and perform all such acts and to execute and deliver all such instruments, agreements, and documents as may be deemed necessary or appropriate in order to fully effectuate the purpose of the foregoing resolution and to do all things necessary and helpful to carry out the purposes of the foregoing resolution (hereby ratifying, approving, adopting, and confirming any and all actions taken heretofore and hereafter that are consistent with purposes and intent of the above resolution); and be it FURTHER RESOLVED that this resolution shall continue in full force and effect and that George Stephan continue his authorization as set forth in this resolution until the Land Use Application for the Property is completed and approved. I certify that this resolution was passed at a special meeting ofCareage, Inc. held on September 30, 2015. uc: (j ', EXHIBIT A {Legal Description of Property) PARCEL C OF KING COUNTY LOT LINE ADJUSTMENT NO. S91L0069, RECORDED APRIL 26, 1991 UNDER RECORDING NO. 9104261602, IN KING COUNTY, WASHINGTON. Also known as: That portion of the Southeast quarter of the Southwest quarter of Section 29, Township 23 North, Range 5 East, W.M., in King County, Washington; being more particularly described as follows: BEGINNING at the South quarter comer of said Section; THENCE South 86° 48' O l" West along the South line of said Section, 368.01 feet; THENCE North 03° 11' 59" West 50.00 feet to the Northerly margin of said Southeast 176"' Street and a point on a non-tangent curve from which the center bears North 03° 11' 59" West 308.17 feet distant; THENCE Westerly along said Northerly margin along a curve to the right having a central angle of09° 32' 14" and an arc length of 51.30 feet; THENCE North 01 ° 43' 16" East 199.25 feet; THENCE along a curve to the left having a radius of25.00 feet, a central angle of24° 59' 11" and an arc length of 10.90 feet to THE TRUE POINT OF BEGINNING; THENCE North 01°43' 16" East 204.04 feet more or less to the Southerly margin of Southeast 174th Street, as conveyed to King County by instrument recorded under recording No. 1598785; THENCE North 78° 51' 09" West along said margin 448.32 feet more or less to the Northeasterly margin ofl.G. Carr Road (106" Place Southeast), as conveyed to King County by instrument recorded under recording No. 5284856, and a point on a non-tangent curve from which the center bears South 46° 34' 25" West 432.04 feet distant; THENCE along a curve to the right having a central angle of 16° 34' 46" and an arc length of 125.02 feet; THENCE South 26° 50' 49" East 186.00 feet; THENCE South 88° 16' 44" East 255.94 feet; THENCE along a curve to the right having a radius of25.00 feet, a central angle of65° 00' 45" and an arc length of28.37 feet to THE TRUE POINT OF BEGINNING DEPARTMENT OF COMMUl''•TY ' AND ECONOMIC DEVELOP. ____ ~T WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 FaK: 425-430-7231 LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED BY: BY: Arborist Report 4 }t?r-- Architectural Elevations •••o• ./ Biological Assessment 4 Calculations, Colored Maps for Display 4 Construction Mitigation Description , AND• Deed of Right-of-Way Dedication 1 Density Worksheet• ' J;:;,:;;i, Drainage Control Plan, ( ) Drainage Report 2 Elevations, Architectural •AND• Environmental Checklist• Existing Covenants (Recorded Copy), ••o• histing Easements {Recorded Copy) 1AN0• Flood Hazard Data• j }I' -Floor Plans 3AND, Geotechnlcal Report, .. o, Grading Elevations & Plan, Conceptual 2 Grading Elevations & Plan, Detailed 2 Habitat Data Report , Improvement Deferral , Irrigation Plan 4 COMMENTS: PROJECT NAME: ___ ';_.,_,_._, -'('-------- / _>_ I DATE: ---'-''-c-----+-'-'J."'5,'------ H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 02/2015 , LAND USE PERMIT SUBMITTAL REQUIREMENTS: WAIVED MODIFIED COMMENTS: BY: BY: King County Assessor's Map Indicating Site• Landscape Plan, Conceptual• Landscape Plan, Detailed, Legal Description 4 Letter of Understanding of Geological Risk• Map of Existing Site Conditions 4 Master Application Fonn 4 Monument Cards (one per monument) 1 Neighborhood Detail Map 4 Overall Plat Plan• Parking, Lot Coverage & Landscaping Analysis 4 Plan Reductions (PMTs) 4 Post Office Approval 2 Plat Name Reservation 4 Plat Plan• Preapplication Meeting Summary 4 Public Works Approval Letter, Rehabilitation Plan 4 Screening Detail 4 Shoreline Tracking Worksheet 4 Site Plan 2••0• Stream or Lake Study, Standard• .A.';··· Stream or Lake Study, Supplemental 4 I Stream or Lake Mitigation Plan 4 LY Street Profiles 2 Title Report or Plat Certificate u•o• Topography Map, Traffic Study 2 Tree Cutting/Land Clearing Plan• .0- ~--· Urban Design Regulations Analysis• Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 ;?,?-, Wetlands Mitigation Plan, Preliminary 4 ,), H:\CED\Data\Forms·Templates\Se~-Help Handouts\Planning\Waiversubmittalreqs.docx Rev: 02/2015 LAND USE PERMIT SUBMITIAL R IIREMENTS: Wetlands Report/Delineation• Wireless: Applicant Agreement Statement 2AN0, Inventory of Existing Sites, AND, Lease Agreement, Draft 2AN0, Map of Existing Site Conditions ,..o, Map of View Area 2AND, Photosimulations , AND, This Requirement may be waived by: 1. Property Services 2 Development Engineering Plan Review 3 Building 4 Planning WAIVED MODIFIED BY: BY: H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Walversubmittalreqs.docx COMMENTS: Rev: 02/2015 CITY OF RENTON ENVIRONMENTAL AND HEARING EXAMINER REVIEW PROCESS Environmental Decision Published Hearing Examiner Total Processing Time Approximately 12 weeks Receipt of Application Determination of Complete Application & Notice of Application, Optional DNS* and Tentative Public Hearing Date Mailed and Posted Public Comment Period Ends Environmental Mailed and Threshold Posted Appeal Period Ends Hearing Examiner Decision I ----~""-------- Approx. 7-14 Days l4Days Determination Staff Report Due 7 Days Before Environmental Determination 7Days City staff or other agencies may request additional information during the review and decision making process. It is important that the applicant submit the requested material quickly to avoid delays in the process. Any time spent gathering data and/or additional city review period is not included In the above chart and will increase the time required to process the application. forms/pw/ds/procedure/0033.abc/bh 09/2000 l Appeal Period** 14 Days•• Public Hearing Appeal Period Appeal Period Ends 4,c..,'(P-,c:C:.....,V,r--4;.--,')Ac-lt..L,: --~:-, 7-14 Days JO Working Days • For projects not requiring an environmental impact statement 14 Days If the Threshold Environmental Determination contains different mitigation conditions than those included In the optional DNS notice, this time is increased to 29 days to accommodate an additional 15-day period in advance of the appeal period. PREAPPLICATION MEETING FOR Careage Nursing Facility PRE 15-000011 CITY OF RENTON Department of Community & Economic Development Planning Division January 29, 2015 Contact Information: Planner: Rocale Timmons, 425.430.7219 Public Works Plan Reviewer: Jan Illian, 425.430.7216 Fire Prevention Reviewer: Corey Thomas, 425.430. 7024 Building Department Reviewer: Craig Burnell, 425.430.7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre-application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies In effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Planning Director, Development Services Director, Department of Community & Economic Development Administrator, Public Works Administrator and City Council). FIRE & EMERGENCY SERVICES DEPARTMENT ------•-·"t~ity of ------MEMORANDUM DATE: January 29, 2015 TO: Roca le Timmons, Senior Planner FROM: Corey Thomas, Plans Review Inspector Careage Nursing Facility SUBJECT: 1. The preliminary fire flow Is 2,000 gpm. A minimum of two fire hydrants are required. One within 150-feet and one within 300-feet~e building. Maximum hydrant spacing of 300-feet on center shall also be met. One hydrant Is required within SO-feet of the fire department connection. Existing hydrants may be counted towards the requirements as long as they meet current codes and distance requirements, including 5-inch storz fittings, which they don't appear to have. A water availability certificate is required from Soos Creek Water and Sewer District. 2. Fire impact fees are applicable at the rate of S3.88 per square foot of space. This fee is paid at time of building permit Issuance. 3. Approved fire sprinkler and fire alarm systems are required throughout the building. Dry standpipes are required in all stairways. Kitchen hood fire suppression systems required. Separate plans and permits required by the fire department. Direct outside access is required to the fire sprinkler riser room. Fully addressable and full detection is required for the fire alarm system. 4. Fire department apparatus access roadways are required within 150- feet of all points on the building. Fire lane signage required for the on site roadway. Required turning radius are 25-feet inside and 45-feet outside. Roadways shall be a minimum of 20-feet wide. Roadways shall support a minimum of a 30-ton vehicle and 75-psi point loading. 5. An electronic site plan is required prior to occupancy for pre-fire planning purposes. 6. All buildings equipped with an elevator in the City of Renton are required to have at least one elevator meet the size requirements for a bariatric size stretcher. Car size shall accommodate a minimum of a 40-inch by 84-inch stretcher. Careage Nursing Facility Page 2 of 2 January 29, 2015 7. The building shall comply with the City of Renton Emergency Radio Coverage ordinance. Testing shall verify both incoming and outgoing minimum emergency radio signal coverage. If inadequate, the building shall be enhanced with amplification equipment in order to meet minimum coverage. Separate plans and permits are required for any proposed amplification systems. 8. Standy power is required as follows per city ordinance. Standy power shall be provided to power all heating and refrigeration, communication and alarm systems, ventilation systems, emergency lighting, patient care related circuits and at least one elevator. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: MEMORANDUM January 29, 2015 Rocale Timmons, Planner Jan Illian, Plan Review ~ careage Skilled Nursing 10635 -SE 174"' Street PRE 15-000011 NOTE: The applicant is cautioned that information contained in this summary is preliminary and non- binding and may be subject to modification and/or concurrence by official city decision-makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. I have completed a preliminary review for the above-referenced proposal. The following comments are based on the pre-application submittal made to the City of Renton by the applicant. WATER 1. Water service will be provided by Soos Creek Water and Sewer District. A water availability certificate wlll be required to be submitted to the City with the site plan application. 2. Existing hydrants counted, as fire protection will be required to be retrofitted with a quick disconnect storz fitting if not already installed. SANITARY SEWER 1. Sewer service will be provided by Soos Creek Water and S~wer District. A sewer availability certificate will be required to be submitted to the City with the site plan application. SURFACE WATER 1. There is an existing 18-inch storm water conveyance system 106'" Ave SE and a 12-inch storm water conveyance system in SE 174th Street. 2. A drainage plan and drainage report will be required with the site plan application. The report shall comply with the 2009 King County Surface Water Manual and the 2009 City of Renton Amendments to the KCSWM, Chapter 1 and 2. All core and any special requirements shall be contained in the report. Based on the City's flow control map, this site falls within the Flow Control Duration Standard, Forested Careage Skllled Nursing PRE 15-000011 Page2cf3 January 21, 2014 Site Conditions. The drainage report will need to follow the area specific flow control requirements under Core Requirement #3. 3. A geotechnical report for the site is required. Information on the water table and soil permeability with recommendations of appropriate flow control BMP options with typical designs for the site from the geotechnlcal engineer shall be submitted with the application. 4. Surface Water System Development fees of $0.540 per square foot of new impervious surface will apply. This is payable prior to issuance of the construction permit. 5. Separate structural plans will be required to be submitted for review and approval under a building permit for detention and or/water quality vault. Special inspection from the building department is required. 6. A Construction Stormwater General Permit from Department of Ecology is required if clearing and grading of the site exceeds one acre. The application is included with the pre-application packet. TRANSPORTATION 1. Existing right-of-way width in 106th Place SE is 80 feet. This street has been identified as a commercial mixed use. To meet the City's new complete street standards, frontage improvements will include construction of an 8-foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. 2. Existing right-of-way width in SE 174th Street is 60 feet. This street has been identified as a neighborhood collector. To meet the City's new complete street standards, frontage improvements will include construction of an 8-foot planter strip, 6 foot sidewalk curb, gutter, and approximately 16 feet of pavement from centerline to the front of curb. Improvements shall match the frontage improvements recently built by CVS Pharmacy in SE 174th Street. 3. A traffic study will be required for this project. The study shall include the following elements: Site generated trips (traffic volumes) for daily, AM peak hour, and PM peak hour Site generated traffic distribution to the existing street network Site generated traffic assignment to the existing street network Existing and projected horizon year traffic volumes with and without the proposed development. Projected traffic volumes should include horizon year background volumes and any traffic volumes generated by other proposed developments approximately this development site. If the proposed development is to be phased, projected traffic volumes should be developed for the horizon year of each phase. LOS analysis for the horizon year traffic volume projections at full development (and each phase, if applicable) conducted at the following street intersections: SE Carr Road and Benson Drive South (Note that Benson Road SE Is called out on the Conceptual Site Plan); SE 174th Street and Benson Drive South; SE Carr Road and 106th Place SE; SE 174th Street and 106th Place SE; and the site access locations: SE Carr Road site access; SE 174th Street site access; SE Carr Road shared access on the adjacent property to the west. Careage Skilled Nursing PRE 15-00( __ _ Page3of3 January 21, 2014 Safety analysis to include: accident history on streets and street intersections abutting and in the vicinity of the development site; sight distance analysis at the proposed site access locations and the off-site shared access location; and, an evaluation of the Impact of the proposed access locations and turning movements at these locations on existing traffic safety issues and potential new safety issues. Mitigation measures to address any LOS deficiencies, circulation issues, and safety issues generated by the proposed development. Traffic study guidelines are included with the pre- application packet. 4. At this time no dedication of right of way in 106th Ave SE is needed. However, the traffic study will determine what if any additional right of way may be needed at that time. ,. '\!:-/ J 'J,;> tu '\'\, ~ , ... 5. Traffic impact fees will apply to this project. The current rate for this use is S*.!1.!!I per bed. 3'1 I -/ b...J 6. Street lighting meeting the City of Renton standards will be required along SE 174'" and 1061h Ave SE. 7. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Any new services shall be installed underground. GENERAL COMMENTS 1. Any proposed rockeries or retaining walls greater than 4 feet in height will be require a separate building permit, structural plans and special inspection. h:\ced\plannlng\current planning\preapps\2015 preapps\15-000011\plan review.doc DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M January 29, 2015 Pre-Application File No. 15-000011 Rocale Timmons, Senior Planner Careage Skilled Nursing 10635 SE 1741h St General: We have completed a preliminary review of the pre-application for the above- referenced development proposal. The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant and the codes In effect on the date of review. The applicant is cautioned that Information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Public Works Administrator, Planning Director, Development Services Director, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on line at www.rentonwa.gov Project Proposal: The subject property consists of one parcel located at the intersection of SE 1741h St and 1061h Place SE. The project site totals 76,615 square feet in area and is zoned Commercial Arterial (CA). The proposal is to develop the site with a three story, approximately 55,000 square foot, post-operative rehabilitation center containing 60 beds. Parking is provided within surface parking areas containing a total of 63 parking spaces. Access is proposed via 106th Pl SE with an additional connection to the neighboring commercial property to the east. There are no critical areas located on site. Current Use: Currently the site is vacant. Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA Standards" herein). Zoning: The property is located within the Commercial Corridor (CC) land use designation and the Commercial Arterial (CA) zoning classification. Per RMC 4-11, a Convalescent Center is defined as a facility licensed by the State for patients who are recovering health and strength after illness or injury, or receiving long-term care for chronic conditions, disabilities, or terminal illnesses. Facilities provide twenty-four (24) hour supervised nursing care and feature extended treatment that is administered by a skilled nursing staff. Typically, residents do not live in H :\CE D\Planning\Current Planning\ PREAPPS\2015 Preapps\15-000011\ 15-000011 I CA·Ca1 e'!fltl'acility) (Zl.doci,\r<~~~~·,priegglea).aeE Careage Skilled Nursing Page 2 of 6 January 29, 2015 individual units and the facilities provide personal care, room, board, laundry service, and organized activities. This definition does not include adult family homes, assisted living, group homes 11, medical institutions, and/or secure community transition facilities. Convalescent Centers are permitted through an Administrative Conditional Use Permit In to CA zone. The Conditional use Permit would be heard by the City's Hearing Examiner if any other land use entitlement requires a public hearing. The following criteria would be considered when making a decision on the Conditional Use Permit: 1. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. 2. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed 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. 4. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. 5. Parking: Adequate parking is, or will be made, available. 6. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. 7. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. 8. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The property is also located within Urban Design District 'D', and therefore subject to additional design elements. Proposals should have unique, identifiable design treatment in terms of landscaping, building design, slgnage and street furniture. Minimum Lot Size. Width and Depth -There are no minimum requirements for lot size, lot width or depth within the CA zone at this location. Lot Coverage -The CA zone allows a maximum building coverage of 65 percent, or 75 percent if parking is provided within a building or within an on-site parking garage. The applicant did not provide calculations for the footprint of the structure on site, therefore staff could not confirm compliance with the lot coverage requirements of the zone. The applicant wauld be required, at the time of formal land use application, ta provide a lat coverage analysis. Setbacks -Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet minimum for the front yard but may be reduced to zero feet through the Site Plan Review process provided blank walls are not located within the reduced setback; a 15 foot maximum front yard setback; and no rear or side yard setbacks unless the property abuts a residential zoned property. I H:\CED\Planning\Cunent Plannir,g\PREAPPS\2015 PreaRps\15-000011\15·000011 {.<;;&Carea.oe Faulity) Careage Skilled Nursing Page 3 of 6 January 29, 2015 While the front yard can be assessed from SE 174th St the Design District 'D' standards preclude the placement of parking in between the street and the structure. The proposal would be required to re-site the building remove parking between the building and all street frontages which in tum would 1/ke/y require the applicant ta substantially reduce the setback from the side yard along the street. Gross Floor Area -There is no minimum requirements for gross floor area within the CA zone. Building Height -The maximum building height that would be allowed in the CA zone is 50 feet and 60 feet for mixed use structures. It appears the proposal would meet the height requirements of the zone. Screening -Screening must be provided for all surface-mounted and roof top utility and mechanical equipment. The site plan application will need to Include elevations and details for the proposed methods of screening. Refuse and Recycling Areas-Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). For non-residential developments a minimum of 3 square feet per dwelling unit is required for recyclable deposit areas and a minimum of6 square feet per dwelling unit is required for refuse deposit areas. Properties: Outdoor refuse and recyclables deposit areas and collection points shall not be located within fifty feet (50') of a property zoned RC, R-1, R-4, R-8, R-10, R-14, or RM. Landscaping -All portions of the development area not covered by structures, required parking, access, circulation or service areas, must be landscaped with native, drought-resistant vegetative cover. The minimum on-site landscape width required along street frontages is 10 feet, except where reduced through the site plan development review process. Surface parking lots with 51-99 parking stalls shall be landscaped with an additional 25 square feet of landscaping per parking space. Surface parking lots with mare than 50 stalls shall provide o minimum af 25 square feet of landscaping per parking space. Based on the total number of surface parking stalls the applicant would be required to provide interior landscaping in the amount of 1,575 square feet of landscaping .in order to buffer the parking. Please refer to landscape regulations (RMC 4-4- 070 and RMC 4-4-0BOF.7} for further general and specific landscape requirements (enclosed). Tree Preservation -A Tree Retention/ Land Clearing ( Tree Inventory) Plan along with a tree retention worksheet shall be provided with the formal land use application. The tree retention plan must show preservation of at least 10 percent (10 %) of significant trees, and indicate how proposed building footprints would be sited to accommodate preservation of significant trees that would be retained. The Administrator may authorize the planting of replacement trees on the site if it can be demonstrated to the Administrator' s satisfaction that an insufficient number of trees can be retained. Significant trees shall be retained in the following priority order: Priority One: Landmark trees; significant trees that form a continuous canopy; significant trees on slopes greater than twenty percent (20%); Significant trees adjacent to critical areas and their associated buffers; and Significant trees over sixty feet (60') in height or greater than eighteen inches ( 18") caliper. H \CED\Planning\Ccr.rent Planning\PREAPPS\2015~1\15-000011\15-000Ull {CA-Care<Jge Facilityi (1Jdoci:\rtifflmOAs~pr~->-~69-t€~~d&t Careage Skilled Nursing Page 4 of 6 January 29, 2015 Priority Two: Healthy tree groupings whose associated undergrowth can be preserved; Other significant native evergreen or deciduous trees; and Other significant non-native trees. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained, unless the alders and/ or cottonwoods are used as part of an approved enhancement project within a critical area or its buffer. The Administrator may require independent review of any land use application that involves tree removal and land clearing at the City's discretion. Fences -If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. Parking-The following ratios would be applicable to the site: Convalescent Center I 60 beds I ! Ratio A minimum and maximum of 1 for every 2 employees plus 1 for every 3 beds. 20+ Unknown The proposal includes a total of 63 surface parking stalls. It is unclear the number of employees anticipated for the focl/lty. The applicant would be required to provide this information at the time of formal land use application in order to calculate the number af stalls required for the project. Where practical difficulties exist in meeting parking requirements, the applicant may request a modification from these standards. The applicant will be required at the time of formal land use application ta provide detailed parking information (i.e. stall and drive aisle dimensions) and calculations of the subject site and the overall campus use. It should be noted that the parking regulations specify standard stall dimensions. Surface parking stalls must be a minimum of 9 feet x 20 feet, compact dimensions of 8}S feet x 16 feet, and parallel stall dimensions of 9 feet x 23 feet; compact surface parking spaces shall not account for more than 30 percent of the spaces in the surface parking lots. ADA accessible stalls must be a minimum of 8 feet in width by 20 feet in length, with an adjacent access aisle of 8 feet in width for van accessible spaces. The appropriate amount of ADA accessible stalls based on the total number of spaces must be provided. Addltlonally, the proposal would need to be revised In order to provide bicycle parking based on 10 % of the required number of parking stalls. Where practical difficulties exist in meeting bicycle parking requirements, the applicant may request a modification from these standards. Access -Driveway widths are limited by the driveway standards, in RMC 4-4080!. Pedestrian Access -A pedestrian connection shall be provided from all public entrances to the street, in order to provide direct, clear and separate pedestrian walks from sidewalks to building entries and internally from buildings to abutting properties. Building Design Standards -Compliance with Urban Design Regulations, District 'D', is required. See the attached checklist and Renton Municipal Code section 4-3-100. The following bullets are a few of the standards outlined in the regulations. I !:!:\CED\Planning\Current Planning\PREAPPS\2015 Preapps\15·000011\15-000011 iCA·Careage Facility) Careage Skilled Nursing Page 5 of 6 January 29, 2015 * A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements: Parking shall be located so that no surfut:e parking is located between a building and the front property line, or the building and side property line, on the street side of a earner lot. The number of driveways and curb cuts shall be minimized, so that pedestrian circulation along the sidewalk is minimally impeded. Amenities such as outdoor group seating, benches, transit shelters, fountains, and public art shall be provided. All buildings and developments with over thirty thousand (30.000) square feet of nonresident/al uses shall provide pedestrian-oriented space. The pedestrian-oriented space shol/ be provided according to the fol/owing formula: 1% of the site area+ 1% of the gross building area, at minimum. All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Modulations shall be a minimum of two feet (2') deep, sixteen feet (16') in height, and eight feet (8') in width. On any facade visible to the pub/le. transporent windows ond/or doors ore required to comprise at least fifty percent (5°'6/ of the portion of the around Roar facade that Is between four feet (4'} and eight feet (B'} above around fas measured on the true elevation/. • Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4·3· 100.ISf): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. • Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Critical Areas There appears to be no critical areas on site. If there is any indication of critical areas on the site, this must be disclosed to the City prior to development and appropriate studies must be undertaken. It appears Coal Mines are in th!! vicinity of the site. Whenever proposed development is abutting or adjacent sites within fifty feet (50'} of the subject site, special geotet:hnlcol studies by qualified professionals shall be required, including a cool mine assessment. The applicant would be required to demonstrate the proposal will not increase the threat of the geological hazard to adjacent or abutting properties beyond pre-development conditions; the proposal will not adversely Impact other critical areas; and the development ca·n be safely accommodated on the site. Environmental Review Environmental (SEPA) Review is required for projects nine residential units or greater, or on sites that contain critical areas. Therefore SEPA would be required. Permit Requirements H:\CED\Planning\Current Planning\PREAPPS\2015 Preapps\15-000011\15-000011 (CA-Careage Facility) l1).dori:\rt:Fflmeas\preapps'.13 ~9 (ca i,se .-~rieg glea).ae, Careage Skilled Nursing Page 6 of 6 January 29, 2015 Given the proposal exceeds 25,000 square feet of gross floor area (nonresidential) in the CA zone a Hearing Examiner Site Plan approval would be required. Additionally, the proposal would require a Conditional Use Permit and Environmental (SEPA) Review. There all may be modifications required (parking, bicycle parking, etc.). All land use permits would be processed within an estimated time frame of 12 weeks. The application fee for SEPA Review (Environmental Checklist) is $1,000 and the Hearing Examiner Site Plan Review Fee is $2,500 and the Conditional Use Permit fee is $1,500. All modifications are going to be $150 each. A 3% technology fee would also be assessed at the time of land use application. Detailed information regarding the land use application submittal is provided in the attached handouts. In addition to the required land use permits, separate construction and building permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. Impact Mitigation Fees: In addition to the applicable building and construction fees, the following impact fees would be required prior to the issuance of building permits: • A Fire Mitigation fee currently assessed at $3.88 per new square foot of medical care facility. This rate would increase to $5.56 on January 1, 2016. • A Transportation Mitigation Fee currently assessed at $3,.91.14 per bed and would increase to $494.92 per bed on January l, 2016. Alternatively, the fee would be calculated per the ITE manual. A handout listing all of the City's Development related fees is attached for your review. Note: When formal application materials are complete, the applicant must make an appointment with the project manager, Racale Timmons, to have one copy of the application materials pre-screened at the 6th floor public counter prior to submitting the complete application package. Rocale Timmons may be contacted at {425} 430- 7219 or rtlmmans@rentanwa.gov. I H:\CED\Planning\Current Planning\PREAPPS\2015 Preapps\15-000011\15-000011 (CA-Careage FacJ!iM 1=3W'I CONSULTING ENGINEERS, LLC _::::!=J f!_ l@d@I ~ I October 7. 2015 Job No. 845-020-015 Ms. Rocale Timmons City of Renton -Current Planning 1055 South Grady Way Renton. WA 98057 RE: Mission Healthcare at Renton Site Plan Review Dear Rocale: With this letter and accompanying materials. ESM Consulting Engineers. LLC on behalf of Careage, Inc. is submitting applications for a Site Plan review for the Mission Healthcare at Renton project in the City of Renton. Mission Healthcare at Renton is comprised of King County tax parcel number 2923059042. which has a 76.615 square feet (1.76 acres) area and is zoned Commercial Arterial (CA) property in the City, at the intersection of SE 17 4th Street and 106th Place SE. The project is proposing to develop the site with a three story. approximately 54.400 square foo~ short term rehabilitation facility containing 60 beds. Parking is provided within surface parking areas containing a total of 56 parking spaces. Access is proposed via 1 06th place SE. On-site stormwater runoff will primarily be generated from rooftops. driveways, parking areas and the proposed roads. Stormwater will be collected and routed to a stormwater detention and water quality vault under the parking lot. The following Project Narrative is provided in order to meet the submittal requirements of the Site Plan Review application: • Project name, size and location of site: Mission Healthcare at Renton is 1.76 acres in size and located at the intersection of SE 17 4th Street and 106th Place SE. Land use pennits required for proposed project: The project requires approval of Site Plan Review, Administrative Conditional Use Permi~ SEPA Review, Site DevelopmenVRoad and Storm Drainage Approval. Construction Stormwater General Permit, Building Permit. • Zoning designation of the site and adjacent properties: ESMFederatWay 334008thAveS,Ste205 Federal Way, WA 98003 253.838.6113tel 80D.345.5694tollfree 253.838.7104fax The site is zoned Commercial Arterial (CA). CA-zoned properties surround the project on the north, south. and east and Residential Multi-Family (RM- F) zoning is located across 106th Place SE to the west ESMEverett 10105EEverettMallWay,Ste210 Everett, WA 98208 425.297.9900tel 800.345.5694tollfree 425.297.9901fax C1v11Engineering L~nd ~urvey1rg 1D I awr St,,11rn11~ GIS wv.wesr1c1~il corn Ms. Rocale Timmons October 7, 2015 Page 2 Current use of the site and any existing improvements: The site is currently vacant land with the exception of utilities a coffee stand along the south side and an existing access road. The coffee stand is proposed to be demolished and the access road will remain. • Special site features (I.e. wetlands, water bodies, steep slopes): No special site features are known on the site. • Statement addressing soil type and drainage conditions: The Geotechnical Report prepared by Golder Associates, Inc. on August 17, 2015 discovered several soil types throughout the site. There is clear evidence of fill soils present on the site. These fill soils generally consisted of loose to medium dense silty fine to coarse sand with gravel. Soils indicative of Ablation Till and Lodgment Till were also found. Lodgment till is defined as a soil unit deposited directly beneath a glacier and at our site was typically dense to very dense owing to consolidation from the mass of the overlying ice sheet The till was dense to very dense, non-stratified and contained a heterogeneous mixture of sand, gravel, silt and clay. As the glacier melted, soil within the ice was deposited over the till (ablation till). This soil unit was found above the till in our test pits and is visually similar in texture (generally more sandy) but less dense than the lodgment till. The steepest slope on the site is approximately 1 0% along the eastern half of the property. Storm water runoff will match existing drainage patterns for the proposed development flowing to 106'h Place SE, after being collected and conveyed to the proposed stormwater detention and water quality vault in conformance with the City of Renton standards. The proposal does not alter or otherwise affect the drainage patterns in the vicinity of the site. • Proposed use of the property and scope of the proposed development: The project is proposing to develop the site with a three story, approximately 54,400 square foot short term rehabilitation facility containing 60 beds. Parking is provided within surface parking areas containing a total of 56 parking spaces. • For plats indicate the proposed number, net density and range of sizes (net lot area) of the new lots: Not applicable. • Access: Access is proposed via 106'h place SE. • Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.): Frontage improvements will be provided along both SE 17 4th Street and 106th Place SE. This will include a pavement cut and repaving, then curb, gutter, and sidewalk with a landscape strip with street trees. Total estimated construction cost and estimated fair market value of the proposed project: The total estimate construction cost is approximately $11.7 Million. • Estimated quantities and type of materials Involved if any fill or excavation is proposed: Rocale Timmons October 7, 2015 Page 3 The purpose of proposed grading/filling will be to accommodate the construction of proposed building and parking area. Final fill/grade quantities will be prepared as part of the clearing and grading permit Preliminary estimates are as follows: Cut: 6,400 CY Fill: 6,170 CY Net cut (neat line): 230 CY • Number, type and size of any trees to be removed: No trees are present on the project site. • Explanation of any land to be dedicated to the City: No land is proposed to be dedicated to the City. • Any proposed Job shacks, sales trailers, and/or model homes: The job trailer is proposed to be located at the south east comer of the site. • Any proposed modifications being requested (include written justification): Not applicable. Project is not located within 100 feet of stream or wetland, or 200 feet of Black River, Cedar River, Springbrook Creek, May Creek, and Lake Washington. The following Site Plan Review application materials are included with this cover letter and narrative: 1. Pre-Application Meeting Summary (5 copies) 2. Waiver Form (5 copies) 3. Title Report (double sided, 5 copies) 4. Land Use Permit Master Application Form (original and 11 copies) 5. SEPA Environmental Checklist (12 copies) 6. Project Narrative (with this letter, 12 copies) 7. Conditional Use Justification (5 copies) 8. Urban Center Design Overlay District Report (5 copies) 9. Construction Mitigation Description (5 copies) 10. Fees -$4,120.00 11. Neighborhood Detail Map (HDI Architects P.S., 12 copies) 12. Site Plan (Sheet SA 1, HDI Architects P.S., 12 copies) 13. Landscape Plan, Conceptual (Sheets LA-01 -LA-03, ESM, 5 copies) 14. Architectural Elevations (Sheet SA-2 HDI Architects, P.S., 5 copies) 15. Floor Plans (Sheets SA-3 and SA-4, HDI Architects, P.S., 5 copies) 1 6. Landscape Analysis (5 copies) 17. Utilities Plan, Generalized (Sheet UT-01, ESM, 5 copies) 18. Geotechnical Reports (Golder Associates, 5 copies) 19. Grading Plan, Conceptual (Sheet GR-01, ESM, 12 copies) 20. Drainage Control Plan (Sheet UT-01, ESM, 4 copies) 21. Drainage Report (Preliminary Technical Information Report, 4 copies) 22. Traffic Study (Concord Engineering, 5 copies) 23. Plan Reductions (8 1 /2" x 11 ") 24. Digital Copy (CD) 25. Colored Maps for Display Rocale Timmons October 7, 2015 Page4 We understand that these items represent a complete list of required materials and the applications will be deemed complete for processing upon intake. We look forward to working with you through the City's review and approval process. Should you have any questions, or require additional information, please contact me directly at 253-838-6113. Sincerely, ESM CONSULTING ENGINEERS, LLC. ;!{ ~ . bl?lec-. LAURA BARTENHAGEN, P.E., LEED® AP Principal Enclosures cc: George Stephan, Careage, Inc. (w/enc.) i:lesm-jobs\8451020\015\documentlletter-001.doc i\U ~A-\0, ODU71t{) MISSION HEALTHCARE AT RENTON CONDITIONAL USE PERMIT JUSTIFICATION The following Conditional Use Permit Justification is provided in order to meet the submittal requirements of the Site Plan Review application: • Consistency with Plans and Regulations: The proposed use shall be compatible with the general purpose, goals, objectives and standards of the comprehensive plan, the zoning ordinance and any other plans, programs, maps or ordinances of the City of Renton. The proposed use, convalescent center, is an Administrative Conditional Use compliant with the City of Renton zoning of Commercial Arterial (CA) and the comprehensive plan designation of Commercial Mixed Use (CMU). Additionally, the project will be developed in accordance with all applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application. Furthermore, the proposed project's architectural elements have been designed to create visual interest in compliance with the Urban Design District D criteria. • Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. The proposed facility, providing short term rehabilitative care, is complementary to the Valley Medical Center acute-care facility located within close proximity to the west. The proposed location of the short term rehabilitation facility is not expected to result in the detrimental overconcentration of this type of use within the City or within the immediate area. Most nearby convalescent center facilities are long term care while Mission Healthcare at Renton is specifically a short term rehabilitation facility. Effect on Adjacent Properties: The proposed use at the proposed location s/Ja/1 not result in substantial or undue adverse effects on adjacent property. Convalescent centers are not generators of significant traffic: staff and service trip volume would be lower than the average for the permitted uses within Commercial Arterial zoning. It is in the interest of the patients at the proposed convalescent center to maintain a calm and quiet atmosphere that will not adversely impact the adjacent retail, commercial. and resident multi-family developments. The adjacent businesses will benefit from the addition of a skilled nursing facility to the neighborhood. • Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Mission Healthcare at Renton is a very good fit for the neighborhood with visually attractive building components and landscaping. The proposed use of a short term rehabilitation facility is compatible with the scale and character of the neighborhood, having within close proximity a chiropractor's office, a pharmacy. and the Valley Medical Center, all complementary businesses. • Parking: Adequate parking is, orwil/ be made. available. The number of parking spaces required by code has been provided, as based on number of employees and number of beds. The proposed project provides 60 beds and one parking space is required per 3 beds. so 20 parking spaces are provided based on the 60 beds. Furthermore, the proposed project estimates a maximum of 72 employees, and one parking space is required for every 2 employees. so 36 parking spaces are provided based on the 72 employees. 20 + 36 = 56 parking spaces required, and 56 parking spaces are provided, out of which 4 will be ADA accessible and 16 will be compact. The proposed short term rehabilitation facility will operate 24 hours per day in three shifts, therefore, the greatest onsite parking demand is estimated for the 4-6pm shift change. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. The proposed project will include development in the street frontages to add new curb, gutter and public sidewalks per City standards. Proposed on-site development includes parking, internal pedestrian walks and lighting to provide for safe pedestrian and vehicle movement. The applicant will pay all necessary transportation impact fees in order to mitigate any impacts that would result from the project's completion. Frontage improvements will be undertaken along SE 174th Street and 106th Place SE to further reduce impacts. As concluded in the Traffic Impact Analysis included with this submittal, no additional mitigation measures are recommended for this development. • · Noise, Light and Glare: Potential noise. light and glare impacts from the proposed use shall be evalt1ated and mitigated. The Project's building and site lighting will be designed to prevent glare or light intrusion onto adjacent property Specifically the site lighting will be designed to feature indirect down lighting that is dark sky compliant. The very nature of rehabilitation facilities is to maintain a calm and quiet atmosphere for the patients that will not impact the adjacent retail, commercial and multi-family developments. Given that the proposed project is in an urban environment and. the proximity to Valley Medical Center, the noise, light and glare impacts from the proposed development are estimated to be minor. In summary, it is not anticipated that the proposed development will require noise, light or glare mitigation. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving. or critical areas. Additional /andscapmg may be required to buffer adjacent properties from potentially adverse effects of the proposed use. The facility landscaping will enhance the building's visual appeal and provide an attractive aesthetic for the patients and the surrounding neighborhood. Landscaping has been provided as required by City of Renton for all pervious areas, i.e. all areas not occupied by building or parking areas. including parking lot interior landscaping, parking lot perimeter landscaping, street frontage landscaping, as well as City approved street trees and ground cover in public right-of-way 1\esm8\engr\esm~1obs\845\020\015\document\rprt-003. doc Mission Healthcare at Renton Urban Center Design Overlay District Report Building Location and Orientation: The proposed project is at xxxxx 106th Place SE, an existing irregularly-shaped 1. 76 acre lot fronting on SE 174th Place to the north and 106th Place SE to the west. The proposed three- story skilled nursing facility structure fronts on 106th Place SE, with a walk leading to an entrance on the west end of the south facade. Building Entries: The south entrance will be sheltered by a connector canopy to a covered vehicle drop-off for use by skilled nursing residents and their families, as required by the Washington Administrative Code. Two other entrances are provided to the building: a pedestrian entrance on the north facade along SE 174th Place near the point at which the existing sloping topography meets the elevation of the building's first floor, visually-emphasized by a one-story entry canopy; and a service entrance, not fronting on either street side, with a covered overhang at the door approximately 6' deep. Pedestrian paths will be provided from the sidewalk along SE 174th Pl to the pedestrian entrance and from the sidewalk along 106th Pl SE to the south entrance and the system of walks leading to the on-site parking areas. Transition to Surrounding Development: The topography of this sloping site and layout of the building will result in broad separation of the proposed structure from adjoining properties and neighboring structures. The building plan will include one or more small step-backs on upper levels, extensive articulation and a hipped mansard roof geometry. Service Element Location and Design: The service areas of the proposed building are located on an interior frontage along an edge of the proposed on-site parking lot, close to the staff/service entrance of the building, fully-screened from view from the street frontages and with garbage, recycling and utility areas enclosed on all sides by walls and roof. Where the service area is adjacent to the pedestrian path connecting the service/staff entrance. A clearly-defined axial pedestrian path located near the center of the width of the approximately 130 foot wide terraced surface parking lot continues toward both the service and resident entrances to the building. The pedestrian path will be differentiated by stamped or textured concrete and increase in width as it approaches the building entrances. Pedestrian Amenities: Site topography (significant slopes) and the building's proposed use (skilled nursing facility) preclude proximity of the pedestrian path to the building facades over much of the building's length. Where the path approaches the building, exterior roof canopies are proposed at all entrances and at the resident vehicle drop-off. Site furniture will be provided in common-use exterior spaces which shall be of durable and easily-maintained, vandal-and weather-resistant materials. A bicycle rack will be provided near the service/staff entrance. Terraced landscaping will be provided in steeper areas on the street frontages. Recreation Areas and Open Space: Mission Healthcare at Renton -Urban Center Design Overlay District Report 1 of2 The proposed development (76,664sf lot with approximately 55,400sf structure) includes approximately 1, 575sf of pedestrian-oriented exterior recreation areas and common open space within the courtyard for resident use and approximately 1,000 sf of landscaped common open space along the pedestrian approaches to the building entrances. These recreation and common open spaces shall be provided with concrete paths, path lighting and seating areas. Building Character and Massing: The proposed structure provides building articulation at least 2' deep, 8' wide and 16' high of varying width and depth at maximum intervals of 40 feet, to reduce the bulk and scale of the building. Ground-Level Details: The proposed building includes transparent windows and doors between 4' and 8' above the ground floor level along that portion of the facade which relates to the public street frontage (limited by significant site slopes). Upper story windows will have clear (untinted) glazing. The proposed building does not include tinted glazing and does not have blank walls, providing windows, doors and building modulation at varying but continuous intervals on all facades. Building Roof Lines: The proposed building roofline incorporates a combination of 4V:12H minimum pitched roof surfaces and parapets with projected cornices. Roof-mounted mechanical equipment is located behind pitched mansard roof forms so that it will not be visible to pedestrians from street level. Building materials: The proposed building will use a combination of fiber-cement siding in three different patterns, stone, and cement plaster finishes on all sides, with prominent trim banding, and standing-seam metal roofing. Signage: Proposed building signage will comply with the City's standard sign regulations and the additional restrictions of RMC 4-4-100G. Lighting: The proposed project will include pedestrian-scale downlighting at primary and secondary building entrances, accent lighting at appropriate facade or site features. Mission Healthcare at Renton -Urban Center Design Overlay District Report 2 of 2 PLANNING DIVISION DESIGN DISTRICT "D" CHECKLIST City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: Ensure compliance with design review regulations located in the Renton Municipal Code in order to: a. Maintain and protect property values; b. Enhance the general appearance of the City; c. Encourage creativity in building and site design; d. Achieve predictability, balanced with flexibility; and e. Consider the individual merits of proposals. INSTRUCTIONS FOR APPLICANTS: This design district checklist asks you to describe some basic information about your proposal. The City will use this checklist to determine whether the your proposal complies with the Urban Design Regulations in the Renton Municipal Code (RMC 4-3-100). Answer the questions briefly, with the most precise information known, or give the best description you can. There are two categories that have been established: (a) "minimum standards" that must be met, and (b) "guidelines" that, while not mandatory, are considered by the Planning Director in determining if the proposed action meets the intent of the design guidelines. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. A. SITE DESIGN AND BUILDING 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: Provide a network of public and/or private local streets in addition to public arterials. Page 1 of27 Minimum Standard: Maintain a hierarchy of streets to provide organized circulation that promotes use by multiple transportation modes and to avoid overburdening the roadway system. The hierarchy shall consist of (from greatest in size to smallest): (a) High Visibility Street. A highly visible arterial street that warrants special design treatment to improve its appearance and maintain its transportation function. (b) Arterial Street. A street classified as a principal arterial on the City's Arterial Street Plan. (c) Pedestrian-Oriented Streets. Streets that are intended to feature a concentration of pedestrian activity. Such streets feature slow moving traffic, narrow travel lanes, on-street parking, and wide sidewalks. (d) Internal or local roads (public or private). The proposed project is on a parcel fronting on existing developed streets (SE 17 4th Place to the north and 106th Place SE to the west). 2. Building Location and Orientation: Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks 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. Minimum Standard: The front entry of a building shall not be oriented to a drive aisle, but instead a public or private street or landscaped pedestrian-only courtyard. Guideline: Ground floor residential uses located near the street should be raised above street level for residents' privacy. The south entrance will be sheltered by a connector canopy to a covered vehicle drop-off for use by skilled nursing residents and their families, as required by the Washington Administrative Code. Two other entrances are provided to the building: a pedestrian entrance on the north facade along SE 174th Place near the point at which the existing sloping topography meets the elevation of the building's first floor, visually-emphasized by a one-story entry canopy; and a service entrance, not fronting on either street side. Page 2 of27 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 fronting sidewalk and the urban character of the district. Minimum Standard: A primary entrance of each building shall be located on the facade facing a street, shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human-scale elements. Minimum Standard: Multiple buildings on the same site shall provide a continuous network of pedestrian paths and open spaces that incorporate landscaping to provide a directed view to building entries. Minimum Standard: Ground floor units shall be directly accessible from the street or an open space such as a courtyard or garden that is accessible from the street. Minimum Standard: Secondary access (not fronting on a street) shall have weather protection at least 4-1/2 feet wide over the entrance or other similar indicator of access. Minimum Standard: Pedestrian access shall be provided to the building from property edges, adjacent lots, abutting street intersections, crosswalks, and transit stops. Guideline Standard: For projects that include residential uses, entries should provide transition space between the public street and the private residence such as a porch, landscaped area, terrace, common area, lobby, or similar feature. Guideline Standard: Features such as entries, lobbies, and display windows should be oriented to a street; otherwise, screening or art features such as trellises, artwork, murals, landscaping, or combinations thereof should be incorporated into the street-oriented facade. Guideline Standard: Entries from the street should be clearly marked with canopies, architectural elements, ornamental lighting, or landscaping. Entries from parking lots should be subordinate to those related to the street for buildings within District 'A'. Page 3 of27 The south entrance will be sheltered by a connector canopy to a covered vehicle drop-off for use by skilled nursing residents and their families, as required by the Washington Administrative Code. The pedestrian entrance on the north facade along SE 17 4th Place is sheltered and visually emphasized by a one-story entry canopy. The service entrance is provided with a covered overhang at the door approximately 6' deep. Pedestrian paths will be provided from the sidewalk along SE 17 4th Pl to the pedestrian entrance on the north facade and from the sidewalk along 106th Pl SE to the south entrance and the system of walks leading to the on-site parking areas. 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 are 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 may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; b. Building proportions, including step-backs on upper levels; c. Building articulation to divide a larger architectural element into smaller increments; or d. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. The topography of this sloping site and layout of the building will result in broad separation of the proposed structure from adjoining properties and neighboring structures. The building plan will include one or more small step-backs on upper levels, extensive articulation and a hipped mansard roof geometry. 5. 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. Page 4 of27 Minimum Standard: Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use (see illustration, RMC 4-3-100E7e). Minimum Standard: Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4-090, Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location Limitations. Minimum Standard: In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self-closing doors (see illustration, RMC 4-3-100E7f). Minimum Standard: The use of chain link, plastic, or wire fencing is prohibited. Minimum Standard: If the service area is adjacent to a street, pathway, or pedestrian- oriented space, a landscaped planting strip, minimum 3 feet wide, shall be located on 3 sides of such facility. Guideline: Service enclosure fences should be made of masonry, ornamental metal or wood, or some combination of the three. The service areas of the proposed building are located on an interior frontage along an edge of the proposed on-site parking lot, close to the staff/service entrance of the building, fully-screened from view from the street frontages and with garbage, recycling and utility areas enclosed on all sides by walls and roof. 6. Gateways: Intent: To distinguish gateways as primary entrances to districts or to the City; provide special design features and architectural elements at gateways; and ensure that gateways, while they are distinctive within the context of the district, are compatible with the district in form and scale. Minimum Standard: Developments located at district gateways shall be marked with visually prominent features (see illustration, subsection RMC 4-3-100.E7g). Page 5 of27 Minimum Standard: Gateway elements shall be oriented toward and scaled for both pedestrians and vehicles (see illustration, subsection RMC 4-3-100.Elh). Minimum Standard: Visual prominence shall be distinguished by two or more of the following: a. Public art; b. Monuments; c. Special landscape treatment; d. Open space/plaza; e. Identifying building form; f. Special paving, unique pedestrian scale lighting, or bollards; g. Prominent architectural features (trellis, arbor, pergola, or gazebo); h. Signage, displaying neighborhood or district entry identification (commercial signs are not allowed). (The project site is not located at a district gateway.) B. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center and the Center Village; 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, 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: 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 street side of a corner lot. Guideline: In areas of mixed use development, shared parking is recommended. The proposed surface parking is not located between the building and its front or side property lines. 2. Design of Surface Parking: Page 6 of27 Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standard: Parking lot lighting shall not spill onto adjacent or abutting properties (see illustration, subsection RMC 4-3-100.FSb). Minimum Standard: All surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4-080F7, Landscape Requirements). Guideline: Wherever possible, parking should be configured into small units, connected by landscaped areas to provide on-site buffering from visual impacts. Guideline: Access to parking modules should be provided by public or private local streets with sidewalks on both sides where possible, rather than internal drive aisles. Guideline: Where multiple driveways cannot be avoided, provide landscaping to separate and minimize their impact on the streetscape. The proposed surface parking is naturally separated into smaller areas by terracing into the existing site slope, with perimeter and internal landscaping. Lighting is configured to prevent intrusion onto adjacent properties. Access to the parking area is from the driveway in the existing ingress/egress easement along the south (internal side) property line. 3. Structured Parking Garages: Intent: To more efficiently use land needed for vehicle parking; encourage the use of structured parking throughout the Urban Center and the Center Village; physically and visually integrate parking garages with other uses; and reduce the overall impact of parking garages when they are located in proximity to the designated pedestrian environment. Minimum Standard: Parking Structures Fronting Designated Pedestrian-Oriented Streets: (a) Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75% of the frontage width (see illustration, subsection RMC 4-3-100.FSc). (b) The entire facade must feature a pedestrian-oriented facade. Minimum Standard: Parking Structures Fronting Non-Pedestrian-Oriented Streets: Page 7 of27 (a) Parking structures fronting non-pedestrian-oriented streets and not featuring a pedestrian-oriented facade shall be set back at least 6 feet from the sidewalk and feature substantial landscaping. This includes a combination of evergreen and deciduous trees, shrubs, and ground cover. This setback shall be increased to 10 feet adjacent to high visibility streets. (b) The Director may allow a reduced setback where the applicant can successfully demonstrate that the landscaped area and/or other design treatment meets the intent of these standards and guidelines. Possible treatments to reduce the setback include landscaping components plus one or more of the following integrated with the architectural design of the building: (1) Ornamental grillwork (other than vertical bars); (2) Decorative artwork; (3) Display windows; (4) Brick, tile, or stone; (5) Pre-cast decorative panels; (6) Vine-covered trellis; (7) Raised landscaping beds with decorative materials; or (8) Other treatments that meet the intent of this standard. (c) Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.F5d). Minimum Standard: Parking structures shall provide space for ground floor commercial uses along street frontages at a minimum of 75 percent of the frontage width (see illustration, subsection RMC 4-3-100.FSc). Minimum Standard: The entire facade must feature a pedestrian-oriented facade. Minimum Standard: Facades shall be articulated architecturally, so as to maintain a human scale and to avoid a solid wall. Vehicular entrances to nonresidential or mixed use parking structures shall be articulated by arches, lintels, masonry trim, or other architectural elements and/or materials (see illustration, subsection RMC 4-3-100.FSd). Guideline: Parking garage entries should be designed and sited to complement, not subordinate, the pedestrian entry. If possible, locate the parking entry away from the primary street, to either the side or rear of the building. Page 8 of27 Guideline: Parking garage entries should not dominate the streetscape. Guideline: The design of structured parking at finished grade under a building should minimize the apparent width of garage entries. Guideline: Parking within the building should be enclosed or screened through any combination of walls, decorative grilles, or trellis work with landscaping. Guideline: Parking garages should be designed to be complementary with adjacent buildings. Use similar forms, materials, and/or details to enhance garages. Guideline: Parking service and storage functions should be located away from the street edge and generally not be visible from the street or sidewalks. (The proposed project includes no structured parking.) 4. 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. Guideline: Parking lots and garages should be accessed from alleys or side streets. Guideline: Driveways should be located to be visible from the right-of-way, but not impede pedestrian circulation on-site or to adjoining properties. Where possible, minimize the number of driveways and curb cuts. Access to the parking area is from a driveway from 106th Pl SE within an existing ingress/egress easement along the south (internal side) property line. C. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center and the Center Village by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through Page 9 of27 parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic. 1. Pathways through Parking Lots: Intent: To provide safe and attractive pedestrian connections to buildings, parking garages, and parking lots. Minimum Standard: Clearly delineated pedestrian pathways and/or private streets shall be provided throughout parking areas. Minimum Standard: Within parking areas, pedestrian pathways shall be provided perpendicular to the applicable building facade, at a maximum distance of 150 feet apart (see illustration, subsection RMC 4-3-100.G4a). 2. Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Minimum Standard: Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties (see illustration, subsection RMC 4-3-100.G4b). Minimum Standard: Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. Minimum Standard: Pedestrian pathways within parking lots or parking modules shall be differentiated by material or texture from adjacent paving materials (see illustration, subsection RMC 4-3-100.G4c). Minimum Standard: Sidewalks and pathways along the facades of buildings shall be of sufficient width to accommodate anticipated numbers of users. Specifically: (a) Sidewalks and pathways along the facades of mixed use and retail buildings 100 or more feet in width (measured along the facade) shall provide sidewalks at least 12 feet in width. The walkway shall include an 8 foot minimum unobstructed walking surface and street trees (see illustration, subsection RMC-4-3-100.G4d). (b) To increase business visibility and accessibility, breaks in the tree coverage adjacent to major building entries shall be allowed. (c) For all other interior pathways, the proposed walkway shall be of sufficient width to accommodate the anticipated number of users. A 10 -12 foot pathway, for example, can Page 10 of27 accommodate groups of persons walking four abreast, or two couples passing one another. An 8 foot pathway will accommodate three individuals walking abreast, whereas a smaller 5 -6 foot pathway will accommodate two individuals. Minimum Standard: Locate pathways with clear sight lines to increase safety. Landscaping shall not obstruct visibility of walkway or sight lines to building entries. Minimum Standard: All pedestrian walkways shall provide an all-weather walking surface unless the applicant can demonstrate that the proposed surface is appropriate for the anticipated number of users and complementary to the design of the development. Guideline: Delineation of pathways may be through the use of architectural features, such as trellises, railings, low seat walls, or similar treatment. Guideline: Mid-block connections are desirable where a strong linkage between uses can be established. Guideline: Decorative fences, with the exception of chain link fences, may be allowed when appropriate to the situation. Site topography (significant slopes) and the building's proposed use (skilled nursing facility) preclude proximity of the pedestrian path to the building facades over much of the building's length. Where the path approaches the building, exterior roof canopies are proposed at all entrances and at the resident vehicle drop-off. Site furniture will be provided in common-use exterior spaces which shall be of durable and easily-maintained, vandal-and weather-resistant materials. A bicycle rack will be provided near the service/staff entrance. Terraced landscaping will be provided in steeper areas on the street frontages. 3. Pedestrian Amenities: Intent: To create attractive spaces that unify the building and street environments and are inviting and comfortable for pedestrians; and provide publicly accessible areas that function for a variety of activities, at all times of the year, and under typical seasonal weather conditions. Minimum Standard: Provide pedestrian overhead weather protection in the form of awnings, marquees, canopies, or building overhangs. These elements shall be a minimum Page 11 of27 of 4-1/2 feet wide along at least 75 percent of the length of the building facade, a maximum height of 15 feet above the ground elevation, and no lower than 8 feet above ground level. Minimum Standard: Site furniture provided in public spaces shall be made of durable, vandal-and weather-resistant materials that do not retain rainwater and can be reasonably maintained over an extended period of time. Minimum Standard: Site furniture and amenities shall not impede or block pedestrian access to public spaces or building entrances. Guideline: Transit shelters, bicycle racks, benches, trash receptacles, and other street furniture should be provided. Guideline: Street amenities such as outdoor group seating, kiosks, fountains, and public art should be provided. Guideline: Architectural elements that incorporate plants, such as facade-mounted planting boxes or trellises or ground-related or hanging containers are encouraged, particularly at building entrances, in publicly accessible spaces, and at facades along pedestrian-oriented streets (see illustration, subsection RMC 4-3-100.G4f). Site topography (significant slopes) and the building's proposed use (skilled nursing facility) preclude proximity of the pedestrian path to the building facades over much of the building's length. Where the path approaches the building, exterior roof canopies are proposed at all entrances and at the resident vehicle drop-off. Site furniture will be provided in common-use exterior spaces which shall be of durable and easily-maintained, vandal-and weather-resistant materials. A bicycle rack will be provided near the service/staff entrance. Terraced landscaping will be provided in steeper areas on the street frontages. D. LANDSCAPING/RECREATION 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 both passive and active recreation by residents, workers, Page 12 of27 and visitors; provide these areas in sufficient amounts and in safe and convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. 1. Landscaping: Intent: 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. Minimum Standard: All pervious areas shall be landscaped (see RMC 4-4-070. Landscaping). Minimum Standard: Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Minimum Standard: On designated pedestrian-oriented streets, street trees shall be installed with tree grates. For all other streets. street tree treatment shall be as determined by the City of Renton (see illustration, subsection RMC 4-3-100.H3a). Minimum Standard: The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. Minimum Standard: The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and nonvegetative elements, reinforces the architecture or concept of the development. Minimum Standard: Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscape Requirements). Such landscaping shall be at least 10 feet in width as measured from the sidewalk (see illustration, subsection RMC 4-3-100.H3b). Minimum Standard: Trees at an average minimum rate of one tree per 30 lineal feet of street frontage. Permitted tree species are those that reach a mature height of at least 35 feet. Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. Minimum Standard: Shrubs at the minimum rate of one per 20 square feet of landscaped area. Shrubs shall be at least 12 inches tall at planting and have a mature height between three and four feet. Page 13 of27 Minimum Standard: Ground cover shall be planted in sufficient quantities to provide at least 90 percent coverage of the landscaped area within three years of installation. Minimum Standard: The applicant shall provide a maintenance assurance device, prior to occupancy, for a period of not less than three years and in sufficient amount to ensure required landscape standards have been met by the third year following installation. Minimum Standard: Surface parking with more than 14 stalls shall be landscaped as follows: (1) Required Amount: Total Number of Spaces Minimum Required Landscape Area* 15 to 50 15 square feet/parking space 51 to 99 25 square feet/parking space lOOormore 35 square feet/parking space * Landscape area calculations above and planting requirements below exclude perimeter parking lot landscaping areas. (2) Provide trees, shrubs, and ground cover in the required interior parking lot landscape areas. (3) Plant at least one tree for every six parking spaces. Permitted tree species are those that reach a mature height of at least 35 feet . Minimum height or caliper at planting shall be eight feet or two inch caliper (as measured four feet from the top of the root ball) respectively. (4) Plant shrubs at a rate of five per 100 square feet of landscape area. Shrubs shall be at least 16 inches tall at planting and have a mature height between three and four feet. (5) Up to 50 percent of shrubs may be deciduous. (6) Select and plant ground cover so as to provide 90 percent coverage within three years of planting; provided, that mulch is applied until plant coverage is complete. (7) Do not locate a parking stall more than 50 feet from a landscape area. Page 14 of27 Minimum Standard: Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced. Minimum Standard: Underground, automatic irrigation systems are required in all landscape areas. Guideline: Landscaping should be used to soften and integrate the bulk of buildings. Guideline: Landscaping should be provided that appropriately provides either screening of unwanted views or focuses attention to preferred views. Guideline: Use of low maintenance, drought-resistant landscape material is encouraged. Guideline: Choice of materials should reflect the level of maintenance that will be available. Guideline: Seasonal landscaping and container plantings are encouraged, particularly at building entries and in publicly accessible spaces. Guideline: Window boxes, containers for plantings, hanging baskets, or other planting feature elements should be made of weather-resistant materials that can be reasonably maintained. Guideline: Landscaping should be used to screen parking lots from adjacent or neighboring properties. All pervious areas are shown with landscaping. Street trees are shown in the planting strip along both public rights-of-way. The building program, site and use are healthcare. The proposed landscaping utilizes a simple plant palette of hardy, low maintenance species appropriate for commercial landscapes in the Pacific Northwest. The proposed landscaping softens and integrates the bulk of the building and provides human scale to the built environment. The architecture and concept for the development center on accessibility to the building and visibility from the public rights-of-way. Page 15 of27 The landscape design supports these objectives by utilizing more decorative and textural plant material at building entrances to focus attention and lower growing shrubs along the building facades for good visibility. Taller plant material is placed to frame the views to the building from the arterials. A ten foot (10') width landscape buffer, per RMC 4-4-080F7, is proposed along the entry road adjacent to the parking lot. The parking area has been calculated to determine the number of square feet of landscaping required and landscaped per the requirement at 25 square feet I parking space. A note on the face of the plans specifies a minimum of 90 percent coverage of the landscaped area within three years of installation. Trees, shrubs and groundcover are proposed within the interior parking lot landscape areas. Two inch caliper sized street trees spaced at an average rate of one tree per 30 lineal feet of street frontage are proposed. At least one tree is proposed for every six parking spaces. Two inch caliper sized tree species were selected per the City of Renton Approved Tree list and each selection will reach a mature height of at least 35 feet. The landscaped area has been calculated and the number of shrubs required determined and shown in the landscape plans. Shrubs are proposed at a rate of five per 100 square feet of landscape area, at least 16 inches tall and within areas to have visibility shall have a mature height between three and four feet or may be maintained at that height. Each of the shrub species proposed within areas to have visibility shall have a mature height between three and four feet or may be maintained at that height. Deciduous species do not exceed 50% of the total number of shrubs proposed. Groundcover species are depicted on the landscape plans as either/or a symbol pattern or notation and species are shown on sheet LA-02 in the plant legend. Planting details and Landscape Notes specify mulch coverage for all planting bed areas. Landscape Notes specify maintenance of all plant materials during the one year plant warranty period and replacement of dead / dying plant materials within same period. No parking stalls are shown more than 50 feet from a landscaped area. Per the City of Renton Municipal Code (RMC) 4-4-070(1)(2): Exceptions for Drought Tolerant Plants: Landscape plans featuring one hundred Page 16 of27 percent (100%) drought-tolerant plants or landscaping already established without irrigation systems are exempt from installation of a permanent irrigation system, but drought tolerant proposals must provide supplemental moisture by means of a City-approved temporary irrigation system for a period not less than two (2) years. The Administrator shall have the option of conditioning the approval (i.e., requiring a screening fence, etc.). An inspection will be required one year after final inspection to ensure that the landscaping has become established. An inspection fee, paid at the time of permit application, will be required and the fee amount will be determined by the Administrator. (Ord. 5676, 12-3-2012} This project proposes the use of 100% drought tolerant landscape plant species for exemption from the permanent irrigation system requirement. The Applicant shall determine the method of temporary irrigation for the two year establishment period. 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 accessible to the public; and promote pedestrian activity on pedestrian-oriented streets particularly at street corners. Minimum Standard: Mixed use residential and attached housing developments of ten or more dwelling units shall provide a minimum area of common space or recreation area equal to 50 square feet per unit. The common space area shall be aggregated to provide usable area(s) for residents. The location, layout, and proposed type of common space or recreation area shall be subject to approval by the Director. The required common open space shall be satisfied with one or more of the elements listed below. The Director may require more than one of the following elements for developments having more than 100 units. (a) Courtyards, plazas, or multi-purpose open spaces; (b) Upper level common decks, patios, terraces, or roof gardens. Such spaces above the street level must feature views or amenities that are unique to the site and are provided as an asset to the development; (c) Pedestrian corridors dedicated to passive recreation and separate from the public street system; (d) Recreation facilities including, but not limited to, tennis/sports courts, swimming pools, exercise areas, game rooms, or other similar facilities; or (e) Children's play spaces. Minimum Standard: In mixed use residential and attached residential projects, required landscaping, driveways, parking, or other vehicular use areas shall not be counted toward Page 17 of27 the common space requirement or be located in dedicated outdoor recreation or common use areas. Minimum Standard: In mixed use residential and attached residential projects required yard setback areas shall not count toward outdoor recreation and common space unless such areas are developed as private or semi-private (from abutting or adjacent properties) courtyards, plazas or passive use areas containing landscaping and fencing sufficient to create a fully usable area accessible to all residents of the development (see illustration, subsection RMC 4-3-100.H3c). Minimum Standard: Private decks, balconies, and private ground floor open space shall not count toward the common space/recreation area requirement. Minimum Standard: In mixed use residential and attached residential projects, other required landscaping and sensitive area buffers without common access links, such as pedestrian trails, shall not be included toward the required recreation and common space requirement. Minimum Standard: All buildings and developments with over 30,000 square feet of nonresidential uses (excludes parking garage floorplate areas) shall provide pedestrian- oriented space (see illustration, subsection RMC 4-3-100.H3d) according to the following formula: 1% of the lot area+ 1% of the building area= Minimum amount of pedestrian- oriented space Minimum Standard: To qualify as pedestrian-oriented space, the following must be included: (a) Visual and pedestrian access (including barrier-free access) to the abutting structures from the public right-of-way or a nonvehicular courtyard; (b) Paved walking surfaces of either concrete or approved unit paving; (c) On-site or building-mounted lighting providing at least four foot-candles (average) on the ground; and (d) At least three feet of seating area (bench, ledge, etc.) or one individual seat per 60 square feet of plaza area or open space. Page 18 of27 Minimum Standard: The following features are encouraged in pedestrian-oriented space (see illustration, subsection RMC 4-3-100.H3e) and may be required by the Director: (a) Provide pedestrian-oriented uses on the building facade facing the pedestrian- oriented space. (b) Spaces should be positioned in areas with significant pedestrian traffic to provide interest and security-such as adjacent to a building entry. (c) Provide pedestrian-oriented facades on some or all buildings facing the space. (d) Provide movable public seating. Minimum Standard: The following are prohibited within pedestrian-oriented space: (a) Adjacent unscreened parking lots; (b) Adjacent chain link fences; (c) Adjacent blank walls; (d) Adjacent dumpsters or service areas; and (e) Outdoor storage (shopping carts, potting soil bags, firewood, etc.) that do not contribute to the pedestrian environment. Minimum Standard: The minimum required walkway areas shall not count as pedestrian- oriented space. However, where walkways are widened or enhanced beyond minimum requirements, the area may count as pedestrian-oriented space if the Director determines such space meets the definition of pedestrian-oriented space. Minimum Standard: Commercial Arterial Zone Public Plazas. At each corner of the intersections listed below, there shall be provision of a public plaza of no less than 1,000 square feet with a minimum dimension of 20 feet on one side abutting the sidewalk. The public plaza must be landscaped consistent with RMC 4-4-070, including at minimum street trees, decorative paving, pedestrian-scaled lighting, and seating. These public plazas are to be provided at all of the following intersections: i. Benson Area: Benson Drive S./108th Avenue S.E. and S.E. 176th. ii. Bronson Area: Intersections with Bronson Way North at: (a) Factory Avenue N. / Houser Way S.; (b) Garden Avenue N.; and (c) Park Avenue N. and N. First Street. iii. Cascade Area: Intersection of 116th Avenue S.E. and S.E. 168th Street. iv. Northeast Fourth Area: Intersections with N.E. Fourth at: (a) Duvall Avenue N.E.; (b) Monroe Avenue N.E.; and (c) Union Avenue N.E. v. Grady Area: Intersections with Grady Way at: (a) Lind Avenue S.W.; (b) Rainier Avenue S.; (c) Shattuck Avenue S.; and (d) Talbot Road S. vi. Puget Area: Intersection of S. Puget Drive and Benson Road S. Page 19 of27 vii. Rainier Avenue Area: Intersections with Rainier Avenue S. at: (a) Airport Way/ Renton Avenue S.; (b) s. Second Street; (c) S. Third Street/ S.W. Sunset Boulevard; (d) S. Fourth Street; and (e) S. Seventh Street. viii. North Renton Area: Intersections with Park Avenue N. at: (a) N. Fourth Street; and (b) N. Fifth Street. ix. Northeast Sunset Area: Intersections with N.E. Sunset Boulevard at: (a) Duvall Avenue N.E.; and (b) Union Avenue N.E. Guideline: Common space areas in mixed use residential and attached residential projects should be centrally located so they are near a majority of dwelling units, accessible and usable to residents, and visible from surrounding units. Guideline: Common space areas should be located to take advantage of surrounding features such as building entrances, significant landscaping, unique topography or architecture, and solar exposure. Guideline: In mixed use residential and attached residential projects children's play space should be centrally located, visible from the dwellings, and away from hazardous areas like garbage dumpsters, drainage facilities, streets, and parking areas. The proposed development (non-residential use; 76,664sf lot with approximately 55,400sf structure) includes approximately 1,575sf of pedestrian-oriented exterior recreation areas and common open space within the courtyard for resident use and approximately 1,000 sf of landscaped common open space along the pedestrian approaches to the building entrances. These recreation and common open spaces shall be provided with concrete paths, path lighting and seating areas. E. 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: Page 20 of27 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 forty feet (40'). Guideline: 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. Guideline: Articulation, modulation, and their intervals should create a sense of scale important to residential buildings. Guideline: A variety of modulations and articulations should be employed to add visual interest and to reduce the bulk and scale of large projects. Guideline: Building modulations should be a minimum of two feet deep, 16 feet in height, and eight feet in width. Guideline: Alternative methods to shape a building such as angled or curved facade elements, off-set planes, wing walls, and terracing will be considered; provided, that the intent of this Section is met. The proposed structure provides building articulation at least 2' deep, 8' wide and 16' high of varying width and depth at maximum intervals of 40 feet, to reduce the bulk and scale of the building. 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 all 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 (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over six feet in height, has a horizontal length greater than 15 feet, and does not include a window, door, building modulation or other architectural detailing; or Page 21 of27 (b) Any portion of a ground floor wall having a surface area of 400 square feet or greater and does not include a window, door, building modulation or other architectural detailing. Minimum Standard: Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following (see illustration, subsection RMC 4-3-100.ISd): (a) A planting bed at least five feet in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or (e) Seating area with special paving and seasonal planting. Minimum Standard: Treatment of blank walls shall be proportional to the wall. Minimum Standard: Provide human-scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. Minimum Standard: Facades on designated pedestrian-oriented streets shall have at least 75 percent of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian-oriented street) comprised of transparent windows and/or doors. Minimum Standard: Other facade window requirements include the following: (a) Building facades must have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be SOpercent. (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. (c) Where windows or storefronts occur, they must principally contain clear glazing. (d) Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. Page 22 of27 Guideline: The primary building entrance should be made visibly prominent by incorporating a minimum of one of the following architectural features from each category listed (see illustration, subsection RMC 4-3-100.15e): (a) Facade Features: (1) Recess; (2) Overhang; (3) Canopy; (4)Trellis; (5) Portico; (6) Porch; (7) Clerestory. (b) Doorway Features: (1) Transom windows; (2) Glass windows flanking door; (3) Large entry doors; (4) Ornamental lighting; (5) Lighted displays. (c) Detail Features: (1) Decorative entry paving; (2) Ornamental building name and address; (3) Planted containers; (4) Street furniture (benches, etc.). Guideline: Artwork or building ornamentation (such as mosaics, murals, grillwork, sculptures, relief, etc.) should be used to provide ground-level detail. Guideline: Elevated or terraced planting beds between the walkway and long building walls are encouraged. The proposed building includes transparent windows and doors between 4' and 8' above the ground floor level along that portion of the facade which relates to the public street frontage (limited by significant site slopes). Upper story windows will have clear (untinted) glazing. The proposed building does not include tinted glazing and does not have blank walls, providing windows, doors and building modulation at varying but continuous intervals on all facades. 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. Page23 of27 Minimum Standard: Buildings shall use at least one of the following elements to create varied and interesting roof profiles (see illustration, subsection RMC 4-3-100.ISf): (a) Extended parapets; (b) Feature elements projecting above parapets; (c) Projected cornices; (d) Pitched or sloped roofs. Minimum Standard: Locate and screen roof-mounted mechanical equipment so that the equipment is not visible within 150 feet of the structure when viewed from ground level. Minimum Standard: Screening features shall blend with the architectural character of the building, consistent with RMC 4-4-095E, Roof-Top Equipment. Minimum Standard: Match color of roof-mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. The proposed building roofline of varying heights incorporates a combination of 4V:12H minimum pitched roof surfaces and parapets with projected cornices. Roof-mounted mechanical equipment is located behind pitched mansard roof forms so that it will not be visible to pedestrians from street level. 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. Minimum Standard: All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. Minimum Standard: Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. Minimum Standard: Materials shall be durable, high quality, and reasonably maintained. Page 24 of27 Minimum Standard: Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. Guideline: Building materials should be attractive, durable, and consistent with more traditional urban development. Appropriate examples would include brick, integrally colored concrete masonry, pre-finished metal, stone, steel, glass, and cast-in-place concrete. Guideline: Concrete walls should be enhanced by texturing, reveals, snap-tie patterns, coloring with a concrete coating or admixture, or by incorporating embossed or sculpted surfaces, mosaics, or artwork. Guideline: Concrete block walls should be enhanced with integral color, textured blocks and colored mortar, decorative bond pattern and/or incorporate other masonry materials. Guideline: Stucco and similar troweled finishes should be used in combination with other more highly textured finishes or accents. They should not be used at the base of buildings between the finished floor elevation and four feet (4') above. The proposed building will use a combination of fiber-cement siding in three different patterns, stone, and cement plaster finishes on all sides, with prominent trim banding, and standing-seam metal roofing. F.SIGNAGE: Intent: To provide a means of identifying and advertising businesses; provide directional assistance; encourage signs that are both clear and of appropriate scale for the project; encourage quality signage that contributes to the character of the Urban Center and the Center Village; and create color and interest. Minimum Standard: Signage shall be an integral part of the design approach to the building. Minimum Standard: Corporate logos and signs shall be sized appropriately for their location. Minimum Standard: Prohibited signs include (see illustration, subsection RMC 4-3- 100.Ba): Page 25 of27 i. Pole signs; ii. Roof signs; iii. Back-lit signs with letters or graphics on a plastic sheet (can signs or illuminated cabinet signs). Exceptions: Back-lit logo signs less than ten (10) square feet are permitted as are signs with only the individual letters back-lit. Minimum Standard: In mixed use and multi-use buildings, signage shall be coordinated with the overall building design. Minimum Standard: Freestanding ground-related monument signs, with the exception of primary entry signs, shall be limited to five feet above finished grade, including support structure. All such signs shall include decorative landscaping (ground cover and/or shrubs) to provide seasonal interest in the area surrounding the sign. Alternately, signage may incorporate stone, brick, or other decorative materials as approved by the Director. Minimum Standard: Entry signs shall be limited to the name of the larger development. Guideline: Alteration of trademarks notwithstanding, corporate signage should not be garish in color nor overly lit, although creative design, strong accent colors, and interesting surface materials and lighting techniques are encouraged. Guideline: Front-lit, ground-mounted monument signs are the preferred type of freestanding sign. Guideline: Blade type signs, proportional to the building facade on which they are mounted, are encouraged on pedestrian-oriented streets. The proposed project includes a free-standing ground-related monument sign 5 feet high, with decorative seasonal landscaping. G. LIGHTING: Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Minimum Standard: Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, Lighting, Exterior On-Site. Page 26 of27 Minimum Standard: Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. Minimum Standard: Pedestrian-scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian-oriented spaces. Guideline: Accent lighting should be provided at focal points such as gateways, public art, and significant landscape features such as specimen trees. Guideline: Additional lighting to provide interest in the pedestrian environment may include sconces on building facades, awnings with down-lighting, decorative street lighting, etc. Proposed site lighting is provided at street frontages and building entrances, and configured to prevent intrusion onto adjacent properties. All lighting shall conform to applicable local standards. All lighting shall have fully shielded lamps and be directed toward the ground with no direct light projecting more than 90 degrees from vertical. Adequate pathway and parking lighting is provided to ensure on-site security. Fixtures shall include cut off optics or house shields as required to ensure no light is directed off site. Pedestrian scale pole mounted lighting (10' poles) and bollards (4') are provided along pathways, drives and pedestrian oriented spaces, with additional sconces or downlighting at entrances. Accent lighting shall be included at significant landscape features as determined by the Landscape designer. Sconces at building facades along with pendant and downlighting in entry canopies shall be provided to enhance the building features and overall site lighting. Page 27 of27 LANDSCAPE ANALYSIS, LOT COVERAGE, AND PARKING ANALYSIS The following Landscape Analysis, Lot Coverage, and Parking Analysis information is provided in order to meet the submittal requirements of the Site Plan Review application: • Total square footage of the site and the footprints of all buildings The total square footage of the site is 76,615 and the proposed footprint of the building is 18,133 square feet • Total square footage of existing and proposed impervious surface area{s) The total square footage of existing impervious area is 17,248. The total square footage of proposed impervious area, including the existing access road to remain, and frontage improvements is 70,614. • Square footage {by floor and overall total) of each individual building and/or use The total square footage of the proposed building is 54,400 with three floors at 18,133 square feet each. • Percentage of lot covered by buildings or structures The percentage of the lot covered by the building is 24. • Number of parking spaces required by City code The number of parking spaces required by code is based on number of employees and number of beds. The proposed project provides 60 beds and one parking space is required per 3 beds, so 20 parking spaces are provided based on the 60 beds. Furthermore, the proposed project estimates a maximum of 72 employees, and one parking space is required for every 2 employees, so 36 parking spaces are provided based on the 72 employees. 20 + 36 = 56 parking spaces required, and 56 parking spaces are provided, out of which 4 will be ADA accessible and 16 will be compact The proposed short term rehabilitation facility will operate 24 hours per day in three shifts, therefore, the greatest onsite parking demand is estimated for the 4-6pm shift change. • Number and dimensions of standard, compact, and ADA accessible spaces provided. 56 parking spaces are proposed, out of which 4 will be ADA accessible spaces and 16 will be compact The 36 standard spaces have 9 x 20 feet dimensions. The 4 ADA accessible spaces have 8 x 20feet dimensions with two loading areas that are 5 feet and 8 feet wide between them. The compact spaces have 8.5 x 16 feet dimensions. For more information, see the Site Plan by HDI Architects, P.S. • Square footage of parking lot landscaping {perimeter and interior) The square footage of perimeter frontage landscaping is 11,959 and interior parking lot landscaping is 20,037 for a total of 31,996 square feet \\esm8\engr\esm-jobs\845\0201015\documentlrprt-001.doc (IJGotder Associates Date: September 28, 2015 To: Mr. George Stephan TECHNICAL MEMORANDUM Project No.: 1523372-01 Company: Careage Development From: James G. Johnson, LEG, Golder Associates Inc. RE: REPORT ADDENDUM -ABANDONED COAL MINE HAZARD REVIEW We understand that the City of Renton has requested that Golder Associates Inc. (Golder) provide documentation that we have reviewed the current development plans for the Mission Healthcare at Renton facility proposed by Careage Development at 10635 Southeast 1741h Street and confirm that the conclusions stated in our Mine Hazard Critical Areas Study (Golder 2015a 1) are still valid. Golder was provided with sheets 1 through 8 by the Civil Engineer ESM Consulting Engineers dated September 24, 2015 to illustrate the current development plans. The sheets included a site plan illustrating the building layout, conceptual grading and storm and utility plan and other details. The ESM development plans are consistent with our understanding of the project and the conclusions and recommendations in our geotechnical (Golder 2015b2) and mine hazard report are valid. If you have any questions, please contact us. GOLDER ASSOCIATES INC. /:.::Jo~ Principal JGJ/AJW/ks 1 Golder Associates Inc. (Golder). 2015a. Mine Hazard Critical Areas Study SE 1741h Street Site, Renton, WA. February 24. 2 Golder. 2015b. Geotechnical Report Proposed Development SE 1741h Street, Renton, WA. August 17, Rev.1 092815j9j1 Garea9e Mine Hazards Tech Memo.Docx Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 USA Tel: (425) 883-0777 Fax: (425) 882-5498 www.golder.com Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation (!}fGotder Associates February 24, 2015 Mr. George Stephan Careage Development 4411 Point Fosdick Drive, Suite 203 PO Box 1969 Gig Harbor, WA 98335 RE: MINE HAZARD CRITICAL AREA STUDY SE 174TH STEET SITE RENTON, WASHINGTON Dear George: Project No. 1523372 Golder Associates Inc. (Golder) is pleased to submit to Careage Development (Careage) this letter report documenting the results of our underground coal mine hazard assessment for the property you are considering for development in Renton, Washington (Site). We understand you are still in the process of feasibility assessments for the development and have received comments from the City of Renton (City) stating that the Site was adjacent to a mapped coal mine hazard zone and therefore a geotechnical coal mine hazard study is required. This report is intended to fulfill the City requirement for a coal mine hazard study. Depending on the depth of the mined seams, access slopes, and other factors, abandoned mines can present a potential hazard to surface structures due to regional ground or trough settlement, differential settlement, and sinkhole formation. Based on our assessment of the existing mine maps, publications and geologic conditions present, we conclude that the subject site is located in a medium coal mine hazard zone as strictly defined by the City Municipal Code 4-3-050. The Site is not underlain by any mapped or known coal mine workings, but due to the orientation of the adjacent coal seam the Site may be potentially affected by future mining-related subsidence. Due to the steep dip and orientation of the mined coal seams (dipping down to the south) there is a low risk of regional or trough subsidence that may extend onto the Careage Site. We believe the risk of subsidence at the Site is low and that modest engineering mitigations can be incorporated into the project design to mitigate this risk. Please find accompanying this letter report a map of the subject site with an overlay of the nearest underground mine map (Figure 1 ), and a cross section (Figure 2) providing our conceptual interpretation of the subsurface geologic and mining conditions present adjacent to the Site. 1.0 BACKGROUND Portions of the City are underlain by shallow bedrock that contains several coal seams that were commercially mined below ground from the late 1800s until the 1950s. The approximate location of abandoned coal mines in Renton was researched and mapped in the 1960s and 1970s using historical mine maps. A comprehensive inventory report of the mines was completed in 1985 (Morrison Knudsen 1985). The information from those earlier studies, along with additional information on the overburden thickness (thickness of soil/rock cover over the mine working), was used by the City to create coal mine hazard map folios. The maps indicate areas underlain by coal mines and provide a relative hazard designation (low, moderate, and severe). A fourth term is used only on the City map folio ("unclassified"). In discussions with City staff, we understand the term "unclassified" means that abandoned mines are mapped but no investigation was completed to rank the hazard designation. In simplified terms, the 022415Jgj1 careage subsidence hazard assessment.docx Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 USA Tel: (425) 883-0777 Fax: (425) 882-5498 www.golder.com Golder Associates: Operations in Africa, Asia, Australasia, Europe, North America and South America Golder, Golder Associates and the GA globe design are trademarks of Golder Associates Corporation Mr. George Stephan Careage Development 2 February 24, 2015 1523372 shallower the coal mine workings, the higher the risk of potential damage due to ground settlement or collapse. The coal mine hazard map folio in the Renton Municipal code shows a linear shaped hazard zone about 1 mile wide (E to W) and 1/8 mile (N to S) roughly parallel to the north side of SE 174th Street. This zone is designated as "Unclassified." Based on maps available in Golder's reference library, the zone appears to correspond to at least three coal mines named the Spring Brook 1, 2, and 3. Golder was provided with page 5 of 6 of City project review comments dated January 29, 2015. Under the section titled "Critical Areas," City staff cited wording from the Municipal Code 4-3-050 J.2 "Special Studies Required," which describes the requirement for a geotechnical coal mine assessment report. This is based on the subject site's proximity (within 50 feet) to a mapped coal mine hazard area. The City's definitions for coal mine hazard areas as defined in the Municipal Code (4-3-050 Critical Areas) are as follows: • Low Coal Mine Hazards (CL): Areas with no known mine workings and no predicted subsidence. While no mines are known in these areas, undocumented mining is known to have occurred. • Medium Coal Mine Hazards (CM): Areas where mine workings are deeper than two hundred feet (200') for steeply dipping seams, or deeper than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by subsidence. • High Coal Mine Hazard (CH): Areas with abandoned and improperly sealed mine openings and areas underlain by mine workings shallower than two hundred feet (200') in depth for steeply dipping seams, or shallower than fifteen (15) times the thickness of the seam or workings for gently dipping seams. These areas may be affected by collapse or other subsidence. 2.0 GEOLOGY AND UNDERGROUND MINE DEVELOPMENT The Site considered by Careage for development is underlain by Eocene age sedimentary bedrock of the Puget Group. The rocks are largely composed of sandstone and shale with coal beds ranging in thickness from 11 to 17 feet thick (Evans 1912). The bedrock underneath the subject site is dipping steeply to the south at an angle of about 64 degrees below horizontal. The rock is cut by several faults which tended to restrict mine development. The bedrock is covered by a variable thickness of glacial sediments deposited during the last ice age (Mullineaux 1965). There were three commercially mined coal seams in the Renton area (#1, #2, #3) of which the #3 (lowermost seam) was the most extensively mined. The #3 bed was approximately 11.5 feet thick (Evans 1912). Available mine maps of the Spring Brook mines were obtained from the Washington Department of Natural Resources and reviewed for this study. Selected maps were plotted on a site map using map section coordinates common to the mine map and the present day property boundaries using GIS. Figure 1 illustrates the location of the Spring Brook mine (mine map overlay) relative to the subject site. The map of the Spring Brook mine indicates the location of mine slopes, gangways, elevation of mine workings, and the dip/dip direction of the coal seam. 3.0 SUBSIDENCE HAZARD RISK Surface disturbance from abandoned underground mines (subsidence and collapse) is caused by collapse of mine workings such as slopes, rock tunnels, air and timber chutes or mined out portions of the coal seam. The most dangerous type of subsidence is a collapse or sinkhole depression which can cause severe damage to structures and utilities. The ground above an area of collapse in a mine gradually bulks as the void approaches the ground surface. The likelihood of a void reaching the surface 022415Jgj1 _ careage_ subsidence_ hazard_ assessment.docx Mr. George Stephan Careage Development 3 February 24, 2015 1523372 and causing a surface collapse are influenced by the strength and character of the mine roof rock, the depth and size of the original opening and the dip of the coal seam. In general, abandoned coal mines in the Pacific Northwest have not caused surface collapse in cases where the workings are at least 150 to 200 feet in depth which guides the depth of hazard classification for most critical areas ordinances. In practical experience where collapse features have been investigated they typically form around partially or improperly abandoned air and timber shafts, main slopes, and areas where workings were mined close to (within about 50 feet) the ground surface (Gray & Bruhn 1984). Regional or trough subsidence can form over a large area that extends laterally beyond the vertically projected surface limits of shallow or deep mine workings. Trough subsidence can result in settlement of several inches or feet at the ground surface. This type of settlement does not typically result in significant structural damage but can cause foundation and structure cracks and induce tilt and strain on utilities. Typically, trough subsidence occurs when mine workings are at a depth greater than 50 feet (Gray and Bruhn 1984). Mine maps showing the location of underground mine workings of the Spring Brook mine indicate that mining occurred, at its closest, a horizontal distance of approximately 200 feet to the north of the subject site (Figure 1 ). The reported maximum depth of mining on the coal seam (WSDNR 1945), at this closest horizontal location to the subject site, is about 400 feet below the surface (Figure 2). Based solely on the reported depth and location of the mined coal seam in relation to the Site it would be classified as a Low Coal Mine Hazard -except that the low hazard designation excludes the risk of subsidence which can extend laterally beyond the vertical projection of the coal seam along a zone bounded by the theoretical angle of draw (Figure 2). The angle of draw is variable but published maxium values range from about 40 to 60 degrees for coal seams dipping at 60 degrees (Whittaker and Reddish 1989). Figure 2 illustrates the possible lateral extent of trough subsidence at the surface for each of the ranges of the angle of draw. The mine maps for the Spring Brook Mine also indicate that mining of multiple coal seams may have occurred at the Spring Brook mine, though there were no reported depths for the mining on this second coal seam on the mine maps reviewed by Golder. Coal mining in the Renton area more commonly occurred in the #2 and #3 coal seams. Morrison Knudsen (1985) indicates that the #2 coal seam is located about 80 feet above the #3 coal seam on which most of the Spring Brook mines are thought to have been developed. Based on the assumed location of additional mine workings shown on the Spring Brook mine maps, and the stratigraphic position of the #2 coal seam relative to the #3 coal seam, we illustrated the location of mining that may have occurred in the #2 seam (Figure 2). Although there is significant uncertainty in this interpretation we feel it is conservative from a subsidence risk and protection standpoint. 4.0 DISCUSSION AND RECOMMENDATIONS The Site is not underlain by any known and mapped abandoned underground coal mine workings. Adjacent abandoned mine workings to the north of the Site due to their orientation and depth present a low risk of regional or trough subsidence on the Site. Due to the age of the mine workings and other factors it is likely that any subsidence that occurred as a result of the abandoned mines would have already occurred. However, in the absence of verification of collapse of the abandoned workings it may be prudent for Careage to provide some mitigation in the design and construction of the facility to mitigate the low risk of potential future subsidence. The risks are not considered life safety issues and the decision to employ the mitigation should be a cost/risk decision by the owner. Typical mitigation measures include the following which can typically be implemented without significant project cost or design modifications. • Avoid settlement sensitive exterior building finishes such as stucco • Increase the fall of gravity utilities such as sewer and storm lines • Increase the stiffness of foundation elements by using additional reinforcing steel or concrete additives 022415jgj1 _ careage _subsidence_ hazard_ assessment.docx AJIGolder \ZVAssociates Mr. George Stephan Careage Development 5.0 CLOSING 4 February 24, 2015 1523372 We trust this report meets your needs. We appreciate the opportunity to support Careage Development with this project. If you have questions please contact Jim Johnson at 425-883-0777. Sincerely, GOLDER ASSOCIATES INC. A- Clay Johnson Staff Geologist Attachments: Figure 1 Figure 2 CPJ/JGJ/sb Site Map Conceptual Subsurtace Cross Secion A-A' 022415)gj1 _careage_subsiclence_hazard_a.s&&S&ment DOCX James G. Johnson, LG, LEG Principal Engineering Geologist Mr. George Stephan Careage Development 6.0 REFERENCES 5 February 24, 2015 1523372 Evans, George Watkins. 1912. "The Coal Fields of King County" Washington Geological Survey Bulletin No. 3., May. Gray, Richard E., and Robert W. Bruhn. 1984. "Coal mine subsidence-eastern United States." Man- induced land subsidence 6: 35-66. Morrison Knudsen. 1985. "Engineering Investigation for the Renton Washington Area, Office of Surface Mines HML Program", Morrison Knudsen Associates, January. Mullineaux, Donal Ray. 1965. Geologic Map of the Renton Quadrangle, King County, Washington. US Geological Survey. Washington State Department of Natural Resources (WSDNR). 1945. Mine Map K35B. Scale 1:360. Spring Brook property. Wittaker BN, Reddish DJ. 1989. Subsidence: occurrence, prediction and control. Develop Geotech Eng, 56, Elsevier, 528 p. 022415jgj1_careage_subsidence_hazard_assessment.docx "1\Golder \ZVAssociates FIGURES f ~,. ·.\'··'''.. ~.,';'-- .._; h ,f 1 t A' 0 250 VICINITY MAP 't:J ~ 0.25 0.5 Miles I. COORDINATE SYSTEM: NA0_ 1 H3 _ STATEPLANE_W1.SH1NGTON_ NORTH_FIPS_ 4f;01 _FEET 2. PRO..ECION: LAMBERT _CONFORMAL_ CONIC UNOElltGl'IOUNO M1HE MAP: WASlilNGTON STATE DEPARTMENT OF NATURAL RESOURCES (WSDN!lt), 1NI. MINE MAP K35D. SCALE 1:1200. SPRING BROOK PROPERTY SEll!VICE lAYeR CREDITS· SO~ES: ESRI. HERE. DELORME, TOM TOM. INTER MAP, INCREMENT P CORP .. GHCO, USGS. FAO, NPS, NRCAN. GEO BASE. ION. KADASTER NL, ORDNANCE SUfitYEY. ESR:1 JAPAN. METI. ESFl:1 CHINA (HONG KONG). SWISS TO PO, MAPMYINOIA. O OPENSTl'tEETMAP CONTFl:l81JTORS. AND THE GIS USER COMMUNITY SOURCES. ESFII. DELO~E. NAVTEQ, USGS, INTERMAP, IPC. NRCAN. ESRt JAPAN. METI ESRI CHINA(HONG KONG). ESRI (THAil.ANO), TOMTOM,2013 LEGEND c:::J SUBJECT SITE CROSS SECTION A-A' SPRINGBROOK MINE MAP (WSDNR) CLIENT CAREAGE DEVELOPMENT PROJECT MINE HAZARD CRITICALAREASTUDY TITLE SITE MAP CONSULTANT YYYY-MM-DD 02/24/2015 •~o14er PREPARED CPJ DESIGN CPJ ociates REVIEW JJ APPROVED JJ 500 , ,· , , 0 ·l PROJECTN, Feet"-·. 1s23312 Ra, FIGURE 0 1 Palh iredmo"d'\i<omali~omalo;slCo,~oge<;:•«•,;,.M1"1"g H•••rd•'.99_PROJECT$'15-lJJ72C••eageP,ope,ty'02_PRODUCTI0"''0VV(S\ I Fi•"•'"• 1S2J112=~0001lltlwp NORTH A 35, '" _,, MAXIMUM--........ DEPTH OF MINING I #2 COAL SEAM (COAL 'w\ORKINGS NOT CONFIRMED) I=& a: <( wo 0. z o:::i a: 0 0. a:, j:: & a: <( wo 0. z o:::i a: 0 0. a:, SOUTH A' -~so ,00 ->fJOftBELOWGRADE f =~---f-1,o DEPTH OF REGULATED HIGH MINE HAZl.RD ZONE --·-----------f-100 50 NOTES APPROXIMATE LOCATIONS OF UNDERGROUND MINING BASED ON MINE MAPS COURTESY OF WASHINGTON STATE DEPARTMENT Of NATURAL RESOURCES 2. ANGLESOFDRAWARE PRELIMINARY AND HAVE NOT BEEN CALCULATED. REFERENCE SURFACE ELEVATION DATA COURTESY OF PUGET SOUND UDAR CONSORTIUM {PSLC) 2000. 2. WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES (WSONR). 1945. MINE MAP K358. SCALE 1 360. SPRING BROOK PROPERTY -1 1~ 0 ,0 """' HOO 2•00 ,.00 - LEGEND CLIENT 6S§SSS§§SSS9 ~oS:6~:i~~l:6iNAL MINE 'v'A'.)RKINGS CAREAGEDEVELOPMENT HIGH HAZARD ZONE CONSULTANT YYYY-MM-DD M 89$8 2Q< ii MINED COAL SEAM UNMINED COAL SEAM ~---J POTENTIAL ZONE FOR ANGLE OF DRAW 4~ DESIGN REVIEW ..., 2015--02-23 REDMOND CJ JJ -.. ,, ~ SCALE FEET HORIZONTAL= VERTICAL PROJECT MINE HAZARD CRITICAL AREA STUDY TITLE CONCEPTUAL SUBSURFACE CROSS SECTION A-A' PROJECT No 1523372 PHASE 001 A FIGURE 2 DEPARTMENT OF COl9UNITY AND ECONOMIC DEVElr>PMENT ENVIRONMENTAL CHECKLIST PURPOSE OF CHECKLIST: Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: Ibg!Q] This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects ofthe proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. \\Esm8\engr\ESM-J0BS\845\020\015\docu ment\Environmental Checklist -Ca re age. d ocx Rev; 02/2015 USE OF CHECKLIST FOR NONPROJECT PROPOSALS:~ For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B even though questions may be answered "does not apply". In addition the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent", and "affected geographic area" respectively. The lead agency may exclude (for non-projects) questions in Part B -Environmental Elements -that do not contribute meaningfully to the analysis ofthe proposal. For help go to: http://www.ecy.wa.gov/programs/sea/sepa/e-review.html A. BACKGROUND~ 1. Name of proposed project, if applicable:~ Mission Healthcare at Renton 2. Name of applicant: ~ Careage, Inc. -Attn: George Stephan 3. Address and phone number of applicant and contact person:~ Applicant: Contact: George Stephan Careage, Inc. 4411 Point Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 gstephan@careage.com 253-853-4457 -Office George Stephan Careage, Inc. 4411 Point Fosdick Drive, Suite 203 P.O. Box 1969 Gig Harbor, WA 98335 gstephan@careage.com 253-853-4457 -Office \\Esm8\engr\ESM-JOBS\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 4. Date checklist prepared: [bru October 7, 2015 5. Agency requesting checklist: I!:@Q] City of Renton 6. Proposed timing or schedule (including phasing, if applicable): I!:@Q] It is anticipated that the project will take approximately 3-6 months to obtain approval for the Administrative Conditional Use Permit (ACUP). The Applicant proposes to develop the project in a single phase. Assuming the City of Renton approves the ACUP by the 1st Quarter of 2016, construction plans will be submitted with the goal of constructing the project between April 2016 and May 2017. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. ~ There are no plans for future additions, expansions, or other activities related to this proposal. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. I!:@Q] Mine Hazard Critical Area Study, by Golder Associates, Inc., dated February 24, 2015 Geotechnical Report, by Golder Associates Inc., dated August 17, 2015 Traffic Impact Analysis, by Concord Engineering, dated September 15, 2015 Addendum to Abandoned Coal Mine Hazard Review, by Golder Associates, Inc., dated September 28, 2015 Preliminary Technical Information Report, by ESM Consulting Engineers, LLC, dated October 7, 2015 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. I!:@Q] There are no known applications pending government approval of other proposals affecting this property. 10. List any government approvals or permits that will be needed for your proposal, if known. I!:@Q] Site Plan Approval, Administrative Conditional Use Permit, SEPA Review, Site Development/Road and Storm Drainage Approval, Construction Stormwater General Permit, Building Permit. \\EsmB\engr\ESM-JOBS\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 11. 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 may modify this form to include additional specific information on project description.)~ The subject property consists of one parcel located at the intersection of SE 174th St and 106th Place SE. The project site totals 76,615 square feet in area and is zoned Commercial Arterial (CA). The proposal is to develop the site with a three story, approximately 54,400 square feet, short term rehabilitation facility containing 60 beds. Parking is provided within surface parking areas containing a total of 56 parking spaces. Access is proposed via 106th Pl SE. There are no critical areas located on site. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. ~ The street address for the site will be located from 106th Place SE, and the parcel number is 2923059042. The proposal is located in the City of Renton near the Benson Hill Neighborhood. The closest intersection is SE 174th St and 106th Place SE. The closest large intersection is at Hwy 515 and Petrovitsky Road. The legal description is as follows: Parcel C of Boundary Line Adjustment No S91L0069 recorded April 26, 1991 under recording No. 9104261602 in Kind County, Washington. 8. ENVIRONMENTAL ELEMENTS~ 1. EARTH a. General description of the site~ (check or circle one): Flat, rolling, hilly, steep slopes, mountainous, ~loping from east to west at approximately 8%. b. What is the steepest slope on the site (approximate percent slope)?~ The steepest slope on the site is approximately 10% along the eastern half of the property. \\Esm8\engr\ESM-JOB5\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 c. What general types of soils 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 agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. lllitl21 The Geotechnical Report prepared by Golder Associates, Inc. discovered several soil types throughout the site. There is clear evidence of fill soils present on the site. These fill soils generally consisted of loose to medium dense silty fine to coarse sand with gravel. Golder Associates also found soils indicative of Ablation Till and Lodgment Till. Lodgment till is defined as a soil unit deposited directly beneath a glacier and at our site was typically dense to very dense owing to consolidation from the mass of the overlying ice sheet. The till was dense to very dense, non-stratified and contained a heterogeneous mixture of sand, gravel, silt, and clay. As the glacier melted, soil within the ice was deposited over the till (ablation till). This soil unit was found above the till in our test pits and is visually similar in texture (generally more sandy) but less dense than the lodgment till. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. lilfilQ} There are no surface indications or history of unstable soils on the site or in the immediate vicinity. The geotechnical report did identify any unstable soils on the site. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. lilfilQJ The purpose of proposed grading/filling will be to accommodate the construction of proposed building and parking areas. Final fill/grade quantities will be prepared as part of the clearing and grading permit. Preliminary estimates are as follows: Cut: 6,400 CY Fill: 6,170 CY Net Cut( neat line) : 230 CY f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. lilfilQl Some erosion could occur on-site as a result of construction activities; however, temporary erosion and sedimentation control measures to be approved by the City of Renton will be employed during construction to reduce erosion impacts. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? lllitl21 The final impervious surface area proposed will be determined during final engineering. Currently it is estimated that approximately 75% of the site will be covered in impervious surfaces. \ \Esm8\e ngr\ESM-JOBS\845\020\015\document\Environmental Checklist -Ca reage. docx Rev: 02/2015 h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: ~ During construction, the contractor will follow an approved temporary erosion and sedimentation control plan meeting City of Renton standards. Typical measures, which may be employed, include the use of silt fences, straw bales, and temporary storm drainage features. Hydroseeding exposed soils and cleared areas after construction will also reduce the potential for erosion. 2. AIR a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. ~ Some heavy machinery exhaust and dust particulates generated primarily by construction equipment will be produced during the construction phase of this project. The amount of emissions to the air will be minimal and will occur during the actual construction of the development. After construction any emissions would be that of a typical office or medical facility. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. ~ None are anticipated at this time. c. Proposed measures to reduce or control emissions or other impacts to air, if any: ~ All construction equipment will be in proper working order and regulated for emissions by the manufacturer and local emission laws. Vehicles entering and leaving the site will also be regulated for emissions by state and local emission laws. During construction the site will be watered as necessary to keep any dust from impacting surrounding air quality. 3. WATER a. Surface Water: ~ 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, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. ~ There are no surface water bodies on or in the immediate vicinity of the site. The nearest surface water is approximately 600-feet south of this site. No impacts are anticipated. \ \Esm8\engr\ESM-J0BS\845\020\015\document\Envi ronme ntal Checklist -Ca reage. docx Rev; 02/2015 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. lb&!Ql The project will not require work in, or adjacent to any waters. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. lb&1Q) None anticipated. 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. lb&!Ql No the proposal will not require surface water withdrawals or diversions. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. lb&1Q) No the proposal does not lie within the 100-year floodplain. 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. lb&!Ql The project is not proposing to discharge any waste material into surface waters. The proposed sewer infrastructure will ensure that any and all waste materials are properly disposed of in order to avoid such a discharge. b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. [b.filQ] No ground water will be withdrawn nor will any material be discharged to ground water. 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 the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. [b.filQ] None are anticipated. No on-site septic or treatment is proposed. \\Esm8\engr\ESM-JOB5\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 c. Water runoff (including stormwater): 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? If so, describe.~ On-site stormwater runoff will primarily be generated from rooftops, driveways, parking areas and the proposed roads. Stormwater will be collected and routed to a stormwater detention and water quality vault under the parking lot. The water will be treated, detained, and released at pre-developed rates into the existing City of Renton Storm system found in 106th Pl SE. Please see the Preliminary Utility Plan and Preliminary Technical Information Report for more details. 2) Could waste materials enter ground or surface waters? If so, generally describe.~ It is not anticipated that any waste material will enter ground or surface waters. All proposed sewer and stormwater infrastructure will be built to the standards set forth by the City of Renton in order to ensure that any such risks will be minimized or eliminated. 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. The proposal does not alter or otherwise affect the drainage patterns in the vicinity of the site. Storm drainage from this site currently runs to 106th Pl SE and will continue to flow that direction. d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: The storm water runoff will be collected and conveyed to the proposed stormwater detention and water quality vault in conformance with the City of Renton standards. Please see the Preliminary Technical Information Report and Preliminary Utility Plan. 4. PLANTS~ a. Check the types of vegetation found on the site:~ __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other _X_shrubs _X_grass __ pasture __ crop or grain \ \Esm8\engr\ESM-J0BS\845\020\015\docu ment\Environmental Checklist -Ca reage. docx Rev: 02/2015 __ orchards, vineyards or other permanent crops. __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? lllim2] There are no significant trees of 6" at DBH or larger on the site. The majority of the site is covered in grasses and brush. This includes scotch broom, blackberries, and other shrubs. It is proposed that all vegetation on the site will be removed and a formal landscape plan will be provided to include trees, shrubs, and grasses. c. List threatened and endangered species known to be on or near the site. lllim2) None are known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: lllim2) A comprehensive preliminary landscape plan that incorporates the use of a variety of desirable native vegetation has been prepared. This landscape plan includes street trees as necessary with undercover plantings, and planting for all tracts and spaces to enhance the overall vegetation on the site. e. List all noxious weeds and invasive species known to be on or near the site. Himalayan Blackberry is known to be on the site. No other noxious weeds or invasive species are known to be on the site. 5. ANIMALS a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. Examples include: lllim2) Birds: hawk, heron, eagle~other: ------------ Mammals: deer, bear, elk, beaver, other: _....,F..,,ie"'l"'d--'M=ic'""e'-------- Fish: bass, salmon, trout, herring, shellfish, other---------- b. List any threatened and endangered species known to be on or near the site. lllim2) None are known to be on or near the site. c. Is the site part of a migration route? If so, explain. lllim2] 9 \ \Esm8\engr\ESM-J0BS\845\020\015\docu ment\Environmental Checklist -Ca reage. docx Rev: 02/2015 This entire region is known to be part of the Pacific Flyway. The Pacific Flyway includes Alaska and the Aleutian Islands and the Rocky Mountain and Pacific coast regions of Canada, the United States and Mexico, south to where it becomes blended with other flyways in Central and South America. However, the site is not known to be used by migratory fowl. d. Proposed measures to preserve or enhance wildlife, if any: Ib.@!Q] The implementation of a landscape plan with trees and groundcover will support any and all small, urban-tolerant wildlife that reside therein. No other measure are proposed. e. List any invasive animal species known to be on or near the site. None are known to be on or near the site. 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Ib.@!Q] Electrical energy will be the primary source of power serving the needs of the project and natural gas will be made available for the purpose of heating and other needs associated with the short term rehabilitation facility. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. Ib.@!Q] No impacts are anticipated. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: Ib.@!Q] The structure will meet or exceed the applicable energy conservation consumption requirements of the City of Renton and the Uniform Building Code in effect at the time of construction. 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 of this proposal? If so, describe. Ib.@!Q] There are no environmental health hazards anticipated. 10 \ \Esm8\engr\ESM-JOBS\84S\020\015\document\Environmental Checklist -Ca reage. d ocx Rev: 02/2015 1) Describe any known or possible contamination at the site from present or past uses. None anticipated. 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None anticipated. 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None anticipated. 4) Describe special emergency services that might be required. None anticipated. 5) Proposed measures to reduce or control environmental health hazards, if any: State regulations regarding safety and the handling of hazardous materials will be followed during the construction process. Equipment refueling areas would be located in areas where a spill could be quickly contained and where the risk of hazardous materials entering surface water is minimized. Any chemicals related to the operation of the short term rehabilitation facility will be controlled and handled per all health industry regulations to prevent any risk of environmental health hazards. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? lllitlQ) The primary noise source near the project site is from vehicular traffic on SE 174th St, 106'h PL SE and SE Carr Road. The traffic noise along these roadways is not project related or generated, and is not anticipated to greatly affect the proposed project. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. lllitlQ) Short-term impacts would result from the use of construction equipment during site development. Construction would occur during permitted construction hours and always in 11 \ \EsmS\engr\ESM-JOBS\845\020\015\document\Environmental Checklist -Ca reage. d ocx Rev: 02/2015 compliance with the City of Renton noise regulations. Long-term impacts would be those associated with the increase in vehicular traffic from patrons entering and leaving the facility. 3) Proposed measures to reduce or control noise impacts, if any:~ Construction activity will be limited to permitted construction hours and construction equipment will not be allowed to idle for continuous periods of time, which will help to mitigate the impacts of potential construction noise. All vehicles entering and leaving the site are regulated for noise by state law and regulations. 8. LANO ANO SHORELINE USE a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe.~ Site: Vacant land with a coffee stand and an existing access road on the south side. North: The site is bordered on its northern edge first by SE 174th St, then by a self storage facility. South: The site is bordered to the south by commercial uses. East: The site is bordered to the east by ne commercial uses including fast food restaurant uses. West: The site is bordered to the west by the Summerhill Apartment complex, a multi-family development. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? lllli!Q] The site has not been used for farmlands or working forest lands. 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: The proposal will not affect or be affected by working farms or forest businesses. c. Describe any structures on the site. lllli!Q) A coffee stand is present on the project site. 12 \ \Esm8\engr\ESM-JOBS\84S\020\015\document\Environmenta I Checklist -Ca re age. d OCX Rev: 02/2015 d. Will any structures be demolished? If so, what? 1b_rn The existing coffee stand will be demolished. e. What is the current zoning classification of the site? 1b_rn The site is currently zoned Commercial Arterial (CA). f. What is the current comprehensive plan designation of the site? 1b_rn The current comprehensive plan designation of the site is Commercial Mixed Use (CMU). g. If applicable, what is the current shoreline master program designation of the site? 1b_rn Not applicable. h. Has any part of the site been classified as a critical area by the city or county? If so, specify.1b_rn No part of the site has been dassified as a critical area. i. Approximately how many people would reside or work in the completed project? 1b_rn The completed facility will have 60 beds and approximately 72 employees. j. Approximately how many people would the completed project displace? 1b_rn None anticipated. k. Proposed measures to avoid or reduce displacement impacts, if any: 1b_rn None anticipated. I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: ~ The project will be developed in accordance with applicable City of Renton development and land use codes to ensure the project is consistent with the goals and policies of the Comprehensive Plan and applicable Development Regulations in effect at the time of the application. 13 \\Esm8\engr\ESM-JOB5\845\020\015\document\Environmenta1 Checklist -Careage.docx Rev: 02/2015 m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: None proposed. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. {llitlQ] Not applicable. However the facility will have approximately 60 beds for temporary occupancy related to short term rehabilitation facility. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. lllitlQ] Not applicable. c. Proposed measures to reduce or control housing impacts, if any: lllitlQ] None proposed. 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? lllitlQ] The estimated tallest height of the proposed structure is approximately 48 feet. The proposed building materials will have a combination of fiber-cement siding in two different patterns and cement plaster finishes on all sides, with prominent trim banding. b. What views in the immediate vicinity would be altered or obstructed? lllitlQ] No views in the immediate vicinity will be altered or obstructed. c. Proposed measures to reduce or control aesthetic impacts, if any: lllitlQ] The structure will be designed in such a way to ensure that the project adequately blends in with existing uses in the surrounding area. It will meet all design standards required by the City of Renton. In addition, a complete landscape plan has been submitted along with this proposal. The proposed landscaping should aid in the mitigation of visual impacts. 14 \\Esm8\engr\ESM-J0BS\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? !!:@Q} Light and glare produced from this project will be typical of a commercial development in an urban environment. Light and glare from the site would primarily consist of street lighting, security lighting, exterior lighting, and vehicle headlights entering and leaving the property. b. Could light or glare from the finished project be a safety hazard or interfere with views? !!:@Q} No the light from this site will not be safety hazard or interfere with views. c. What existing off-site sources of light or glare may affect your proposal? !!:@Q} It is not anticipated that any existing off-site sources of light and/or glare would negatively affect our proposal. d. Proposed measures to reduce or control light and glare impacts, if any: !!:@Q} Providing the required setbacks of the proposed structure from the property lines and installation of landscaping will help to alleviate some of the light and glare created by the new development from the adjacent properties and roadways. The proposed project and subsequent lighting is consistent with the land use regulations and compatible to the existing adjacent land uses. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? !!:@Q} There are no designated or informal recreation opportunities in the immediate vicinity of the site. The nearest park is Thomas Teasdale Park to the north approximately one mile. b. Would the proposed project displace any existing recreational uses? If so, describe. !!:@Q} No existing recreation uses will be displaced. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: !!:@Q} No measures are proposed. However, the facility will include rehabilitation courtyard that will act as an informal passive recreation space for the tenants, staff, and visitors. 15 \ \Esm8\engr\ESM-J OBS\845\020\015\docu ment\Environmenta I Checklist -Ca re age. docx Rev: 02/2015 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers located on or near the site? If so, specifically describe. ~ There are no currently known places or objects listed or proposed for national, state, or local preservation registers on or next to the site. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Is there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. ~ There are no currently known landmarks or evidence of any significant artifacts on or next to the site. No professional studies have been prepared that we are aware of. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. ~ The methods used to assess the potential impacts included GIS data analysis, WISAARD GIS data review, and confirmation with the Washington State Department of Archaeology and Historic Preservation. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. As no impacts are anticipated to any historically significant landmarks, no measures are proposed to control for such impacts. However, in the event items of possible cultural or historic significance are encountered during site construction activities, work shall be halted, an area perimeter around the items will be established to preserve its integrity and the contractor will immediately contact the City of Renton and the Washington Department of Archaeology & Historic Preservation. 14. TRANSPORTATION a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. Ihfill2j The site is accessed locally by SE 174th Street and 106th Place SE. Regionally the site can be accessed via Highway 515 also known as Benson Drive. 16 \ \Esm8\engr\ESM-JOBS\845\020\015\document\E nvironmental Check I ist -Ca reage. docx Rev: 02/2015 b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?~ The site is served by King County Metro Routes 169 and 906. The nearest stop is approximately 300 feet to the south of the site on SE Carr Road. c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate?~ The completed project is anticipated to have 56 parking spaces. No parking spaces will be removed as part of this proposal. d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). ~ Frontage improvements will be provided along both SE 174th Street and 106th Place SE. This will include a pavement cut and repaving, then curb, gutter, and sidewalk with a landscape strip with street trees. e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. l.h!tlQ.J None of the aforementioned transportation modes are available in the immediate vicinity of the site. As such, it is not anticipated that the project will access any of them directly. f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates?~ The Traffic Impact Analysis completed by Concord Engineering on September 15, 2015 and included with this submittal describes the vehicular trips per day and associated peak flow volumes. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. The proposal will not interfere with, affect or be affected by movement of agricultural or forest products. h. Proposed measures to reduce or control transportation impacts, if any:~ The applicant will pay all necessary Transportation impact fees in order to mitigate any impacts that would result from the project's completion. Frontage improvements will be undertaken along SE 174th Street and 1061H Place SE to further reduce impacts. As concluded in 17 \\Esm8\engr\ESM-JOB5\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 the Traffic Impact Analysis included with this submittal, no additional mitigation measures are recommended for this development. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other}? If so, generally describe. ll@Q] The project would result in an increased need for public services to include fire protection, police protection, health care, and schools. The additional need would be commensurate with the additional taxes collected by the City of Renton associated the new facility. Any additional impact fees as determined through the land use process will be paid as necessary to offset any impacts. b. Proposed measures to reduce or control direct impacts on public services, if any.~ This increase in demand will be offset by fees, levies, and taxes required to be paid by the applicant as part of this development. Also the proposal has been designed in a manner that will provide adequate access for fire, medic, and police vehicles. 16. UTILITIES a. Check or circle utilities currently available at the site:~ (electricity, natural gas, water, refuse service, telephone, sanitary sewer septic system, other All utilities are currentlv available at or near the site. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. ll@Q] Electricity: Puget Sound Energy Water: Soos Creek Water and Sewer District Sanitary Sewer: Soos Creek Water and Sewer District Telephone: Centurylink Fire: City of Renton FireSchools: Renton School District #403 Water and sewer service connections will be extended to serve the completed structure on- site. Construction will be coordinated with the City of Renton. Natural Gas and Electricity will be extended by Puget Sound Energy. They typically manage their own construction projects. 18 \\Esm8\engr\ESM-J0BS\845\020\015\document\Environmental Checklist -Careage.docx Rev: 02/2015 C. SIGNATURE :C ,.~ · The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. { 0 '. Proponent Signature: --;~-.,1-,·.,.µ=-·=~~,,....,{~,.,.;.)l_.,_· ... J:.,.~.,1.,.lv---=>==--c=·--------- Name of Signee (printed): "'G"'e-"o""rg,,e...,S""t"-ep"'h"'a"'n"'--------------- Position and Agency/Organization: ~Ca~r~e~agae~,~'~n'~·------------ Date Submitted: Cm·. 1 2..C> L5 I 19 \ \EsmB\engr\ESM-JOBS\845\020\015\document\E nviro nmental Check I ist -Ca re age. docx Rev: 02/2015 ~l1,~7Zi _:17-0'/6 2.D5 2-Z-- - DIMlUlPER EX'l'llNSIOO RE~c<:W/Pl'a CASCN:lll . Sf.W&R DISTRICT IA'l'ECXM!R .l\ll1\1!Bllim' N0, __ 46 __ \ IBIS llGREE>IElll' ula<lo and enten,d into by and bethl,en CA~ SEWER DISTRIC'I', a Washingta, lllllicipa1. oorporaUon, hereinafter refer.n,d ·to·as District, . and R.M,H,. COll?AilY/lim«N 74 .IISSCCIATES __ ,. llorel.naftor X111W'9CI to u Qfflac/Develcper, WI TN.ES SETH, l'll!lmlAS, the ownar/l)evelopa,: haB installed Md/or &gRes to install a sewer main and,lot f~llty to serve c:ertain property in Caeoade sewer District, and hu agreed upcn o::riplet:1.t,,.1. of sarra to tender to the Diet.riot a bill of sale, and WHEREAS, the District.has heretofore by and through its Camtlssiooors odopted a resolution providing for the execution of a contract to teinb\lrlle the O,,mer/J)awloper pursuant to the proviaions hereinafter set .1.:'ortlu and WHERFJ\S, tne Ccmllissioners ha\re deteJ:minecl. that specific pn,peey will ba bal1afited by the utili.._tion of this ~t. NC"'f, nmR&A:m, IT IS AGREE 1 l. '11lat •11 _u •• directly oonnected to the iJ1t,rovem,nt anW<>< property ownus allcM3d to connect by use of laterals or branchce, shall pay a tair pm-nt.a "'1a<e ot the ooat of the ca,atruct.ion of Hid llrp<\:IYrlDent. Said ~ 'is du<:rlbod u foll.O<s, a11 ~ Main together with n\'illhOlds am appUrtenBneea, wlvu Nd oootrols foU-1 . ,1NOO~ \)NI~ SNOl1Jn;1 ? SUHo:m JO l'H"'""''ldG 11H J..8 ,o, ilci ;i I I ""I , "J·.a :,ffi ~ J iu~u,:.•:fti Sea Attecl"trent ''A" :u .,o,i, t ~ Rf8!') r. (.!:.):,:.,~~-· !) .Jt,J':i2:? a ~ ......... 6.00 n •• 'lbot the ONnar/l)ewlqler •hall be enUtle4 b:> i:-l,w -t f-Nid t..fitecl pi.q,ortise for a period of rm--.,a .....,.ing tma tho data of thill _, ~. Nid -is -jct b:>.t11e.pmy1 .. iclnl heNl.a,af---· 3, 'l'hat the aromt of n,iai,uraarent that the °"'8r/ll0Yalq>ar ohall t,a ont.ltlad t,o •hall t,a a -1e olJII do-by.oarpetitiw =ts of like oon- 1l:l:llct.i.clna within tile """" 111<1 within tile tiJoa pariodi that ~ Qwnor/lloWlq,er -bl Jl&V'lid9 w Ille Dl.ttrict • Olllpleta --and .Ilia oi.la b' t:otAl ): =,~~~Jfi ··-'--- . '.: ·'··:· . . -~ ..;. ._. . ,, .. . . ~,~:" LA'l'EC0MBR ·AGM£MEtr1'-NO, 46 . : · -· . ·:: . · ~It of QCffli,_t:~ctiOn:i1t:h~n thit~y · (lO) days of his 8xecution of the b·il.1 of aale .. ~· .... tor-. the· t111Praire111ent to the District; The· OWner/Devaloper agrees· that hh ftiilt1re to prCIYide nai'1 total ooi!:t raaoJ'd •nd total eo"st of conet~Ction withill the ·ti~e pedOd _afQr11111011tio~ed, (JO day• frOfl the date of the bi;1 ·of eate), 1hall result in hie ~ol'Llntai')' waiver qf any claim ar. right to reimbursetwent· pursuant to ttaie cont.tac:st~ tt{at tbc:l OWner/Devalopor a()rees t'1at ·the o~isaionore a~all h_ave tha ri9ht to deteniina the faii;-v&l'!,e of the illlprov8J118nt, and tbat. add reimhl.Jnement "hall be b11111S Upon t)lat val\!,.· and not the actual conetruction ooet incw:ted br Hid OWner/OeWloper, provided, that· eaid determino.tion ahAll !le purauant to JlHtilution No, 669, 4. 'l'ha~ the Djntr.i.ot: eh.all have the right to provide tor i::ina aeqregatlon for each property owner within the effacted~axea of the improvement, provided, aait1 segregation ~hall bi, limited to a ain9la family dnlling and/or reaident, and eha.11 contain i,ut leH than loo feet of frontage. 5. That all sums received by the Oil)triat put:euant to this reilnbureemrml. t, contract ehall be subject to the reasonable administrative charge of fifteen percent-. (15\), and upon the Diatriot' 11! cClle(;ltion of any funda from a benefited red property ovmir tM Diet.dot alull have the right to deduct said 1SI at ita sole option. PROVIDED, that if for· an)' tua.son the OWner/Devel~er anti/or tho bont!fic- i.H'iH of thb contract expreH a de.eire to waive JN-1.fTiltmt by any and/or all proporU1•11 affacrte4 hltebt, th• Dittriat •hall be entitled to colleot the 1$1 at its &c1lc option. 6. The duty of the Dietrict to reimb\.trae the owner/Developer shall terminate on we ..L!J!l:__day of ~ • 19!/.J_, and all reilllbur•emanta eollectr,1 thereafter llhall be the sole and exo-lusive property of saiC, District, it be~nq under- stood th•t after auch period of time the District 111ainte,,ance and operation of &aid faoility and/or aewr main over said extended period of tilae would entitle th• DistrJ,·1 to th• \IHI'• contribution to eaid main and/or faci.Uty. 7. The owner/Developer agrees that the District•• duty to el'lforee the reimbur&Olelnt r.nntraot will be limited to actual utilization of taoilitba by real property ownen and that any non-util!ntir:HJ resulting frOl!I a real property c;wner'a deei9n of a •Y•te11 and/or re-daeign of the system contemplated pureuant to this cor1•truation co11tr11,;,.1t ahall not be aubjeat to tbis reirlburHaiient. Jl'rovided further, that any oo•t• of tlM enforcement of thia reimbursement contraqt, .U\Cllu,Ung but not 1J.111J.ted to actom1y f1H, •hill be c:iha:rgeable to tba Owner/Developer and 1hall be dedue1ttd ftcn Ptiyrient• received by the District from benefited property owne.rs, prim to the Dbtrht. having any duty to pay over to the OWner./J)eveloper, that in the evtml Seicond P•rty hie hairs, and/or auJ.gns, desire to waive their right• of reimbuT11UM!18nt hareund.r, then in t"hat event, l:b1 'list.riot ahall be entitl~ to a paYJllent of 10\ on •ny reilllburaemenl:. and/or portion of reinburaement waived by "the Second Party. a. That '!It the time and u part of t"he awn.r/Deve.laper'• extenaion 19n11t1ent, tbe Ownet"/DSV11loper •ball notify the t>iatrict of his 4Hin for reillburec- Mnt of aonattuotion co•ts1 that if the awnar/Daveloper fall• to r.-n ~J..abu:rs11- 1Mmt thin •U hb d9ht• an4 cldm.1 for ~imhlll'•erne"t flra thereby valved and 1aid :ra~t: •hall thereafter lMlcaH the aol• and exaluli,q ,=pei:ty of the Diltdc:t. free ot ear crlatN or n1111Nr1-nt bf the OwPer/Devtlo,e.r'. -2- I I I :I ,I . 1~-~a~.-~ ''" .· , ·~ , i l j ., ... '"" .. ~ .. · .•. ·1· ' .1· •. ) .. , ,l9.i2,_, · , By . . I i 0 . ,· I rpt.,.J- ·N ~· R clii~mliai~,._,.,=4"1. co STA'IE OF WMHmn'CN ) ca.tll"l ~ ICING )ss signod, ~':i_1; ~ tlaY of _____ , 19 ___ , befon ne, the \lllCler -------------------=--------t,:, ne k1,:lwn t,:, be tho President and Sea9tatj, reep>CtiW>l\', 0 , the c:orporati.Q'l that e>cecuted the for( 1-· going lnstriiiient, ond adaiii,i,,&,iec! tbs .... a insb:ulent It> i:,,, tho free ond W>luntllty /lat and doell of Nill =i:oratial tor the usea and pw:pooes th8m.n nant:ioned, and on oath 1tal'Al<I that authcrlllOd to e>l8C\lte tho •aid imtr\l>Ollt and that the NAl affiJood ia tho corporata ...i of Nill cmporation. III'l1ii:SS av hm! and official Nol bmltotore affilold the day and year fint-writt.n, ·I ;J ! i ... ;,. ,-' . -SPRING GLEN PROFESSIONAL BUILDING NUMBER 46 -LATECOMER'S LEGAi. DESCRIPTION November 19, 1981 The Southerly 150.00 feet of the following: That portion of the Southeast quarter of the Southwes_t quarter Section 29, Township 23 North, Range 5 East, W,H., 1.Yfng Northerly of S,E, 174th Street, LE,S West 405,00 feet measured at right angle to West 1 Ina of said sub- dfvis1on; , LESS East 450,00 feet me_asured at right angle to· East ltne said subdivi- sion; LESS North 150,00 feet; and LESS State ff1 ghway MD The Northerly 150.00 feet of the following: That portion of the Southeast quarter of the Southwest quarter Of Section 29, Township 23 North, R,nge S East, W.M., lying Southerly of S.£. 174th Street an" Easter1)' of I.G. C.:rr Road Rev. No. 3; . -. LESS the East 450,00 feet as measured at right angles to the East line of · said subdlv1S1on. Front Foot Rate: Tax Lot 12 Tax Lot 42 $16.44 per Foot $7,726.80 $5,096.40 Portion Tax Lot 125: $ 822,00 I .. --1 ._.)f~{ _:hidrtt¥ffi: :.iih ····-. Yt~- v~_; · .. ,~~~~r::i:·~~~~~~~~~~ .. i..:;~-~ ;;: t··) p ,. / .... \ '"1 'i / \7/ ' l'AIVD OJ' DAM fld. P•b U 191£ 4•1 c:9 l:CI' , .. tn "ll• aattu ot eetlllllialml..nt ot 1 1 Jlenoon r4 pJtiUonod tor by 1 JI llenHn 'l'o tho Kon Tiewero of •d propond roll4 -.1:l... . lfo rthwoahrn l'IDJll'OTCAlllt Ccnapany a corp of" St o t · J hw Zoree7 hby co>1a•nta to the 1atablhbme11t ot a r4 eo tt · ) in •1dth bdng 30 tt •14• an uob al ot the oen 11 thot u ~••:v•d acroaa the BYi or ll".l!lt Bit or JRJi and JI i or Birt or .. c 211 1ntp 23 II or R 5 :Saat or the I' Prino1pa1 K K c I' lll wit whit 1t haa ood th.septa t.o be a1gno~ by 1te Yoe:lena lond agent &t Tacoma W'allh on lloT 22 1911 »orthw~at<rn ~ro·re,aent Company l wH by G H PlUlatf") 'l"utern Land Agent {!'ld by Otto A Caa" Co Aud (l'(Jl l II 114 1eb 13 1Vl2 1•2 DU l'eb 7 1912 t10 I J '11111&8 Otto 'i'iet.J•n• and Poulin• 'liotJ ena hwf' of S to 1'1ll1Ul :aralldt or l: c ,r J'p ffl !11111. wu-~ •P ~at"'ole r11t 'lfat Lot 16 c,nd Lho & t of" lot l'I in blk 65 <l11"1an p,.,;. ,.it 1n KC'f Ji, 1t'tt• Otto 1'il.ltJ•n• p.,..un~ l'i.atJ on• >:CY P•b 7 1912 by Otto 'lbt,jen• ""d P&1l1n• Ti.tJena hwt b•c ft. t>l!llaU• r.. p roe ,m r~• ~t.. 5 '.i S • •. u 2' 191:._1 I wc.J,=Q_ -:ff r ':::J -t,'Cl 7q/5 bc11ca i:.a~ 1"I,,J hby conaenta to the eatablish.mebt of the I G Carr 8-T4eion rrJ&d 11s n.ow euvctea an4 loot1ted ov~·t' and 1. cross 1!>• -o~ .Sfft or soc 29, 1.n i'wp 23, lf of a 5 Eut or !'ii.:. Xow, 114 ·'r~i b•t11g 60 ft wih, l. e,, :lO ti in wiUh on oooh side o! the :tol f..,-f.· 4oacT1.lle4 oen,e" 11De: '"; · .. JICll J.8•22 ttiilt·lj-n _ . ·liaoqwibde Palla 1,umbe.-... D.ne; County, !!iosh1.ngton, • 11111Dl< ,pal corpi, Wll!BIU8, ~ tP, h"s h•reaofon oxeu1toa an4 deJ.: verod to the sp a q-o U fo'r a r/w for ,11e l(ea4owllrooll: brit,-:r<>od, dU ond .sok ,!oh 17•11. •Mh '!!se :r?:! 1n ~&e4 &.Quk 1135 pg .t: .. a, Qf rklle of Kew. snd t!le tesorH•ti<>o o:r wlloh 11,ere ,.. ... oertatn •nors, and Ute ,7., upon wmoh ""' roa4 ""·' oor.atruot@( -,..rtu allghtl:, fro10 tna description IIIIIDilo::aa.a. \he.rein; aa4 w.bal"eae nos Cou.nt7, 4euire& 1.1 oor.:re1.:ted 44 4e•or1'bln• Ill• ~/• a.1>oa .rhoh \be :roe& Ma l>~eu cona1..r-ac.:tc!l i.lD4 ia .,.,. in u• all6 ltag •irreed to ... o,.te tnt plD of tltt ol4 r/w elloll la 1lOI lDOi114et 1.D \ha .... l&•o.-OUon, an4 tllo f? 06a ;~re6d tit~; JICl·,TBL'IK:PORF.. t..n ~,n :>.t' A. wntl the oan41,ton.a ,.nn G/"l'r.o~·nt 't" Tao:i.~• a• n.•relnbef3:re 8f!'\ t.:,ri.,. fr. ••-tM•f'p-'1e11-.-t•, 11.'b7 c7a rel. uut q:o 1io 2r. toT u.se a: 'tt!III p.itt!: rore"t r. au t. public r.,)~d 1~,1..S. & hl,ri'lway, ell ot 1t• .t~, 1: und !•Jt 1,; 1.nd to t!le tol thti!.J '!'""l ••1. Qlt; 1n .to,,: '-• .. ~ ..... + ...... •:,.... •:... ........... 'I.-~ ---·----·---- • • Lot 00 jjlk l• Jei"I'erson )'llrk ... dd ul v . B to t,1e c or ti lillbl to all enrcts leY aget ad prop -··-sm uo 2615"21 --- Th1e d•ee1 ia 1ssuai: purcu"!lt to c.:nt or Hale made by gtore to .l!ld1th L."1.\111.ru, <>s h,'.•l' sap eet ltd oot 2e-27 -·- Ge O, lu 8Jill'l108r Gertrude L • ;,peno er k• 3Un 17-63 by Geo. ,.,.bpaneer and oert1-u,e L.opanoer, h>·.w ber Relm 11:,llcin°tosh np· tor rm rea at a m ,.ug :!-36 (l&l 11P 308 ).I'd nk :'llYd, 01 ty) l) .run 19-~ Mar l:S-30 fl O , r.oo Leonard uownie, a b•oh to Sd.11:ll L, lilll:l&la -,P 07 alll wrr to sp the 1'd.t't, L<>t "" llllt 25 woutblll'll ,.(Id to tbll c of b L8 IXIU'd jio,m 18 1<• Y>r 13-60 b7 Leonazd uownie, " baah be1' .i • .e:.snyll..,r llp tor n :res at s ns .Ten 2~:!15 (~_Ul'•. B,V•it1ll1,.m•, 30B i!'rmlc Bl~Y) . Walwr of lJll.1111gea J\111 10-:s:s /bb~ ,, ~,l;~uer ot the -,etabl1stnent ~ • or I,G, c.arr Hoed lieY1s1on No, :S: 'fht tbll lfortblleatarn Ivipr«-nt co a Jfsw Jerse7 ocrp hby oon•nta to the establiallment o.t 1.0.aerr road Revision No. 5 ot width or 60 n, or so much tbot as ey be wilh1D the Sill~ 01' t1wt ot """ 29 'fp 23 ni-5 ew ... kow •d road being ~O :rt wide III eaah s1 l!e o:r tlla center ln t11e>r aa t:he a 1 a new eatab over and aero ss the :i,remi n:oeptlag ~•• ti. 1-e.• t:t ln ad dl!t of t1n-l oyed to ... a.ilaatcm br deed dtd Fell 1, ... and the ad llorthwest:e:rn Impri Co ,ihr WB1...,s n l cl aims for d.-pa tht. u7 \u, sustain1'4 b7 it by reBson or the oonat.JI of •4 rood aoroa• 8Cl des ld ---- IWW 11: Ilsa aatt•d ea p19 s to Ila a1FB4 117 1 ta weatern Land ;,.gt: o.t .,;-~ llortlPl'Ht:8l'n Iiuprov ... ent uo11pn w l!J' G,B.PlWlllllSr, i¥eatern Land ,.gt: 1 wit (no I ncked) ( tl4 b7 Co 1'110') (Ii) .. ' _J ,... .. . --··---··-~---.. ~ ~ .... u" lU-J& .;U1 l&,.:i. i'IC•O, /1, 1 :,:,c !'lortlHe•lera I .lJl"l)'ftJJ19nt 1!:)mpi;:11', h .r .ll.Allbril/Jl\, fllC' • 1,ar WIit• bJ' • 0011t in llll"1t1ate entd. in"tD on :;..,p 6--3:S \.hta ;i:t:>r a31t;raot• e4 ta Nll. ·,14 art~ t v aon h1M1't,r expre:.<>nd the 11-.m bino:t'I• ::;1.:: ~u: :;:~;.:zio!:'!{ ~-;:;.:rpi.~d and ~-·c gtue ~ 'oeaar1e '?lll'IR'• t, I II • aa4 07 ,.., Sf/ J,ia I>• tbe tdrv sit 11> ko w .11i,:a,ndin""'-"!rn1ti<G<>f Tan dOllitY--.:~---------. ,::.~ib.·llil;t"~1 ainWJ-;a~·~amin1, to· lie.;~d c • .Ericbe1l and ia.idred. A. ir~.Ckseri 1 . 'id',; wlte., · ~~ tellowillt dt.'CrllJNI rf'al l!''lta1t'. 'Rlualtd in 1hf Cnunry ,11 · :ting , Statt of WaaiJaclon;: Portion of the S .: -;;· or the S W ·t· ot Seo 211, Twp. 23 li,R 5 1.,~•"• ibad as tollowaJ · in.: a<; the :s ~ aorner Qt said suhdivis1on:. said corner J@1l)g tho eieection ot $be o"nter lines or Banaon Ed, and I, G, Carr lld.; thence 8$ -01 '-l! along the center lin& or :t,G. Carr Rd, 11.distanoe or 208 tt,, thenoe 11"-0 -54 '-30! .it a Ustance or 30,ll tt. to th,e nol"theray lill& or so.id ·r,G, Cair Rd,;· and "true 'point .ot 1>eginning1 thence s·-ee -01• W alone said northnly lina a t.J;etanoe ot 163,17 ft, tdpo1nt a olirn;.:tllenoe al<>11£ the ere or " our;ve to the ri!,lht havins " uniform_ re~lu..e ,11.f_._HB.17', a dbtenoe ot 319, 7!I ft, to point or tangency:. thence N ag:-4.0~·ZO" 11 · · aloll£·s111d tan.gent, a distance of 126,64 tt,: thenoe S 79 -41' • a· 1Uste.nce or M6,67 tt.; 'thence 5 o0 -541 -30w W e distance of 17.;';ag"tt, to true point ot he&inntng, · Statutory Warranty Deed J. Ii • .Ulbrigiit and '"9.thrina i.. T~n doll~:&.5-------------- lh(" tolk.wtfll( <Jr~rilW"II rral .-,1..,1~ •1'<11114"11 m ·tu, 1·,.1.1n") ,ll \\:uiuntVrut St.a1.P .. r •. Portion o: t:1e b.:. 4, :::-:-t'.,a.;:; \1 • ot ~ec ig,, 1\,,~. 23 -1,-rt ~ &,~••-• 4:eiscrit,e<l. as foi.lol'i6; Segim:ir.: ~-:. t·.e S 3. oc.::,;;.e:-o~ ~-a!i .:..u..L.dlvi.sia:.1: sa:1 corr:..e..:· ~!..:-,_: '.. .. e inteE. °7iy 't!.:-u c-:." tb-e-ce1;t~r li!!es of uenson Rd. ar.d I. G. Carr M. i t'.,d:..·~-:: S.-63 -Cl t_8 e.lo:.-::. .. _.e Ge::.. >.;!r line .:>f I.G. Ce..rr :'td .. !.. d! _ tanoe of zoe ~·: . 1 t:.e1:c: ! o_-~'-30~ £. e d!.ctanae of 30.11 .ft., to f.!1e nor\tti,r!; ll.ie cf ~aid. i.•"'• ... arr-M., e.:1d trL..e ;,oint of beg1:i:.itg: t1'.'3noe s 86 -01• ha"'-~. said :-;.ort':.erl.: : i r,e a d.1'~ ~e..r:ce ot 113 .17 rt. to' po!.z~ t e. curve; the nee ~l,::,nc t:'l.e ._.. .. co:"~: ourv~ t:, t!:.g t1;[;t ::~e·,!.u !: ..lr.1fonr. radius of 52B.i"1 , "!. -1.!~t.~.:c~ '.'f 37f.79 r1:.. t.c ;:io=..:.t of tan.:ency: t.te;;.~-9 K 2.t-40 1 -50 11 fl ~"..Jn# ~~,:: :e:~ ~n":., o ,:;,istc.:.~e of 126.34 !"t .. ; t'..ence s 79 -41' ~ a '!~!:ts::e9 c': 543.157 t"t,,; t::.e:lce 5 0°-54'-.30" '* e di~tenae of 177.8':I ft. Baaerrillg a.ii easement rcrr the purpose of tnstalling water pipes as needed ror th• adJacent property on tbs ncn-th • .nc~r:-~G mineral rights nnt. re~e.rvatim.s no?. of record tor all · u.lnersls of any neture ~hatsoever •. incl..uiin.,,.-coal, iron, neture.l gas and oil.I refer Deed recordad in, Vol. 15~3 ot ~se~s. page 460, reooN\s or Aing-County, State o! lla&J;.._ · 4'1'b -~ .t.ll.bi'igb.t and 1'11.tllrU. Ill, J.llor:t.;ht, ' ,., ""'' ""'"'•od d>, ·'""" '""" -,._ ,~-""' 1r r, .. ...i .....;_.,._.~_,...,.ror"" Y~. r·". ,!"~~ .,. - ce '<!I I,, "' ~ ~ o-i .;-C') -9. (/) ai ± < ~ c~M..~i-- df qoo I \"lO'f'f-8 0 • cc; ;:,.,,,· 0=--? CD ••• "J ~ :.::::~ :=,. For and in c:onsiderauon of TEN AND W/100 DOLLARS ($10.00) in hand paid, the benefits derived and to be derived by the Gra.ntor herein, an:l other geed an:I valuable consideration, receipt whereof ls hereby acJcno,Jledged, Grantor, Malllet*».lir Associates a Washington general partnership hereby conveys and warrants to Grantee, First Interstate Bank of Washington, N.A. 1 a national banking association, its successors and assigns, a perpetual, non-exclusive easenent uocier, over, through and l\CIDSS a portion of the property described in Exhibit A., attached hereto and by this reference incorporated herein, and she.Mn on the Exhibit Drawing in Exhibit A, for the inprovanent, use and mintenance of said property for ingress an:t egress to and fran Grantee's adjacent ~y described in Exhibit A and sh<:Mn on the Exhibit Drawing. IN WI'fflf.SS \iHERWF this easement is executed as of this 14th date of September,. 1990. 0 ~0/09/ 17 #0448 J A A:NARC!JJ.COC:JH::24 9/14/90 RECD F U.OO RECFEE 2, 00 CASHSL "'*'*13. 00 EXCISE TAX NOT REQUIRED KiogCO-_D_ Bl ,J,µ1t4ua. Deputy ~ ... -.. ______ ~---··· .,..., --~--·-····----... ., .. \''./. .. --------. ,-,,,,.. l I n r. 0 • 0 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUM.TER CORNER OF SAID SECTION; THENCE SOUTH B 6' 4 B 1 O 1" WEST ALONG THE SOUTH LINE OF SAID SECTION, A DISTA.i"iCE OF J68.0l FEET; THENCE NORTH J. 11 '5 9" WEST, A DISTANCE OF 5 0. 0 0 FEET TO THE NORTHERLY MARGIN OF SOUTHEAST 176TH STREET, AS colWEYED TO KING COUNT\.' BY INSTRUMENT :RECORDED UNDER RECORDING NO. 5284856, SAID POINT BEING A POINT OF CURVE; T~HCE WESTERLY ALONG SAID NORTHERLY MARGIN ON A CURVE TO THE RIGHT HAVING A RADIUS OF 308.17 FEET, FOR A DISTANCE OF 45.28 FEET; THENCE NORTH 1'43 1 16" EAST, A DISTANC£ OF 184.68 FEET; THENCE NORTH 88"115'44" WEST, A DISTANCE OF B • .34 FEET TO THE TRUE POINT OF BEGINKING; THENCE CO?ITINUING NORTH ee·U 1 44" WEST, A DISTANCE or 256.B2 FEET TO THE EASTERLY MARGIN OF l06TH PLACE SOUTHEAST, AS CONVEYED TO KIHG COUNTY BY INSTRUMENT RECORDED UtlDER RECORDING NO. 5284856: THENCE NORTH 26 '50 1 4911 WEST ALONG SAID EASTERLY MARGIN 231,54 FEET TO A POINT OF CURVE; THENCE NORTHWESTERLY ALONG SAID EASTERLY MARGIN or A CURVE TO THE LEFT, HAVING -A RADIUS OF 432. 04 FEET FOR A DISTANCE OF 124.91 FEET TO THE SOUTHERLY MARGIN OF SOUTHEAST 174TH STREET, AS CO}IVE'iEO TO KING COUNTY' B'i INSTRUMENT RECORDED UNDER RECORDING NO. 1598785; THENCE SOUTH 78 '51' 09" EAST ALONG SAID SOUTHERLY MARGIN, A DISTANCE or 448.32 FEET: THENCE SOUTH l '4 3 ' 16 11 WEST, A DISTANCE OF 2 2 51. 6 D FEET TO THE TRUE POINT OF BEGINNING; (ALSO KNOWN AS LOT C OF KING COUNTY LOT LINE ADJUSTMENT NO. 1184008); BOTH SITUATE IN THE COUNTY or KING, STATE OF WASHINGTON. fmi11v- ,,,j1'!r,._ j j '] j I I.an ____ .. ·:·-._, /I V T 0 • ::~:..'!' Po:r:::·:or; iJ:" '!':-::: so:..'"!'~'.:' OU~':!:il o: '!'fil: so:.."'::-::-,.,::s:- Q~;: . .R~.::R OF SE=::or, 2~. '!'Ol't"J~Sr::? :J 1','0R~. F..JJU2 = !Jo~::'.'. u 1-.. r.., !K 1-:::r:1;;:; :ot.i~r, "1.J.SF.:1;;-:::u:. :.r:r.:; "-""!:S':' o: ':':-~ ;;z:!:EF.:.r }JU\G:J; OF S. R. :;:_5, ;.s COl~YE~ '!'O :':::: S':'1-..':'E O:" K:.SE:N~O!: E.':."" :N~to/.Et~ P..E:ORDED Ul.OER ?..!.::o~:::1-<v r;c. ,~ic:;::.-c:-:-~. \..~s:-- C':' ~ K~S':;:?.:.".:." m-.RG:J: OF lOE":.'E ;.,•v;:1~ s. !:. [BEJ.'501: RO;.:l), ;..s :::om"'!r;:n -:o i::nc :::o::n;--:r ::::: :ns:':'Rur.:!lr!' R=::::nw;::::, t.."'1;:i:::F. ?.3COR!l:NG HC. 526.;esc, IHJR'.:'E CF ':'"':-:!: NOr:.~..:.r ?-r;...:::~:1: ~: S.!. : 7 E~E ST?.::~'!' ;..s :::oN·,..::r:::.} ':'0 i::1;:; c::rtm'!'Y =-1: !!!S':'?.:JY.=:l:: ?..ECORDED Ul;DE?. p.2:::0?.~:1;:; 1:c. 5:264.!!56, SOC"!':: o: ~3 so~~?.:.~ !,:;..-q;:;;:N O? S.E. :7{'!':: S:':'.!Z:, ;,.s CON\"'E':.""l:~ '.:'O ;::m; com:-:-: BY :t:S:"RIDZJ;'.:' ?.E:oRD::::i ur:n~ ?.!:CO?.!E?iG ].0. :.59C:7.e5, ;J;:i !1.S:' o: ;, :.::i,-::; DES:::F..:~D ;,.s :o:.r..ows: 3~..:;:mGi:;;; ;_'!' ~:! 50:::'P. O~.t'..F.'!'E?. CO?J-!R c: s;..::, SE:::::::m,; :-s:En::::: SO:-'!'"i. 6€'"Z 'Cl" w:::s: ;._~:m.; :-:::.:: SOt'":'?.. :.:1~ a: s;..:::i S!::',!OK, ;.. ~=s:::;.i1=:2 OY 36s.o: :==~~= ••. _u.__ hOR:::-: .;"--'::9" 1-.::::s •• .r •... _.s_ ... J,,..;. C. :,C.00 • .:..:. __ .... ::...:. !IOF::z::~.:.1· y..;,.;:~:J; C·? sr.:D s. ::::.. :. ; €':'?: 5"-:?..::::!::', s;._::, P::::li'.:' ~::::1;.::; ;.._ ?:.::::-c: ;:-,..-:;::\13: .::-l,._..:. Y,..:..!_..:...~-~ ,. __ :),,.., Sr.-~ ),C•,.::...::..:--: ?-:.....--.'-"-'' Oh .-.... wr,,;. .O :-:-::;: ?.:c;::-:-~v:r{r; ;._ FJ..:i:"Js o: 30~.: ~ :~'1' :or . .: .. z::·:.s:;.1;:::: er ..:.5.2E ~!~ ;J;:i '!'O '.::~ ~::-z ?o:?~ ::-: :::::r;:KK:J;;; o:: sr-=:: :.:1~ ~Es=::.:::::?':!Oll; '.:':'ZN:'£ J.'OE:7:; :::.·..;3•:t" ~: • .i:. o:.s:-n1;:::: :o.:.60 ~~; ___ J;.__ l-10h2:.. Sc,".C'--." ..,.:.S., r • ..,_.S':',.JI,.._ 0. ~ . .J~ ----· ':'?:n::::::: No?.~ ;:.·.;1·:f" ::;;s:, ;._ ;:s:-n11~::: Ci"f :::?~.oo :~-:-~ ':.':-::::: s:rc:::""~I y.;.,.~.::;:z: c·: s;..:: s.:::. :. -; -. :-:: s:P.E:::-.~..:;o ':'!?Y.:1.:-s o: sr.::J :.:1~ ~~s=;;.:F::ot,.·: ; ;..:so ru:o;.n: ;..s :..::::-;. c:: ::;i;,,; .:o:.--:::-~· :.::-:..::2 ;.:...,-.,;is':!'-:::::t~ t-c. :.:.c.;00£). t,1)/11., ,l'\.,_,(, .... '! In ] J i :! ;J ,1 II ij r STATE OF WASHING1'0N1 coomOF~ 00 THIS ~ DAY OF _s_EPT_EMB_•_• __ , 19~, BEFORE Me, THE UNDERSIGNED, A NOI'ARY PUBLIC IN AND FOR THE STATE OF WASHINGI'ON, DULY CCMISSIOOED AND !MJRN, PERSOO'ALLY APPE:ARED J(H,,I W. M.I\ILLET' JQAt,NE C. AAILLET~ [XNI\LO M. M.IIR AND MA.RY LOU N. "1.IIR 'I'O ME KNQlilN 1'0 BE THE INDIVIDUAL~ OE'.SCRISED IN AND WHO BXECl.rl'ED THE r-,JIR ASSOC(A"JES, A WASHJt-&TON GENERAL PAATNERSHIP AND ACKNCmf,EDGE:D TO ME THAT ~HE~ SIGNED AND SEALED THIS SAID INSTRU- THEIR C·lcl·lI' i\S FREE AHO VOLUNTAR\'. ACT AND DEED FOR THE use:s ANC PURPOSES THE:REnl MENTIOOEO, AND ON OATH STATED THAT T_HE2° WAS/WeRB AUTHORI2:60 TO £XECUTE THE SAID INSTRUMENT. GIVEN UNDE:R MY NAO AND OFFICIAL Si::AL THIS d DAY OF SEPTEMBER , 19 ~. ~' RESIDING AT ,-~L= MY COWl!SSIOO EXPIRES, s-: / -;?/ n C State of Washington COWlty of King 0 • On this /·"/ d4y of _),-·,;!,, L~, 1990, before rre, the undersigned1 a Notary Publlc in and for the State of Washington, duly ccmnissioned and sworn, personally appeamd John W. Maillet, Joanne C. Maillet, Donald M. Muir and. Mary Lou N. Muir to me k:na.m to be the irxlivlduals described. in and wild executed the foregoing inst.rurrent, an:j ackno,l'ledged to me t.hilt they signed and sealed the said instrument as their free clJld voluntary act and deed for the uses am. puqx:ises therein mgntioned.. WI'iNF.SS my hand and official seal hereto affixed the day and year in Ws cecti_ficate above written., C3.)--... _-.. ~,,<_~---:~-;·---~----~-~-) ' a:narc:132.doc: jh:24 9/H/90 No~·Public in and f~~ Washington ._____./ , / resieling in.~/.,,- My c:armlssion expires: r,--c7> I l 1 / l ?t;.vln ;o . JJ \ ]> is z G) w "· r• 0 • =··· t --.. In 0 • :--.:::=... -· ·---· IOG-i:'i""~~R. v,.ltT~: THAT POr.TION OF SOUTHEAST OUA'F.~ OP TJ,!'.E SOUTHWtsT QUA!::TI.R OF SE CTI Qt,; 29, TOWNSHJP:l3 NORTH. RJ..NGE.SE.A..$7, W.M .• lKK1NGCDU1'T'l'. W A.SHINGi'OK DESCRlBED 1.SFOLt.Ov.'S: !IEUINt..1HG AT TP...E SOUTri QUA.RT SR CORJ,,,'ER Of S.ATD SUBDIVlSl ON; TP.~NGE. SOt:'TH 8~" is· o:· WEST A!.ONG THE.SOLT::: l..lP..E. m= SAID SE...~ON, 36t.Ol FE=--r: JME:NC£ NOR7t! :·· 11' 59· wmsor=..E:T701F.E J,.'ORTI-1.3..l.Y M.i.'R.CilNOF SD\.,"T!·rn.AS'j" li6TI! STE-J, AS CON'."Z':.~ iO Kl.NG C0l1h'T'Y BY lNSTRUMENT R!COP..P~ 1.lN'D::.R RE:OF.DlNO NO. ;.2S..:?Sli; :"'r!ENCE WESTE:?.1...Y Oh' SAID NO:RTR M.4.RGJ.N Al.ONG A ,::"t,"R~ TO THE PJG'n'i WIT"rl;. i.ADIUS OF:;OE.17, ?r::;T (~.2SFE!;Ttl"::N:E NDRTri lt ~5· :;3· E.AST 160:.6£ :=I; ':'HEN:'.:E NORTE sg0 ll':7· W""':S'f 6.00 FS!: TO l:-:"ETR\.."E:PD11'J o:= EEGJNt,.,1NG. lri;N:::: 1..0R!.r:i sell }.l' :;· \\"E:."'7, :.59.19 F~r: l:-!E.N::::!; NDKTH U,0 Si' ::· WEST ~!.56 ?EZ"f; 7f!~t-:~S0l"'J"H se" 1.::· :-;-· W:ES'r ~S!i.O':" r=-r•o•n= POif\l 0~ ~Lii:\"!, l:":Et-..::: A.!.ONG ;.. =',,.,-;:.n: TO THE R1GH7, i\'Trri;.. F.AD;tJS O? :S.00 ~~l. ~s.:: ::=E::::-To T!":Z :!"·:1::1''7 o::= '.:'ANO:SKT, TEN:E SO'.,JT:-! -:~ (5' !'.:" W::S:-!5.00 EST TQ ::-;~ TRt::: PO:S'i O? EEulNNl!>:G. £:'X,:_~'/)/1.JG-: Tri A 7 POi~7lOt,.' 0? so:.-:-:{~ .. :..sT OUM:.:.·=.i'. OF 7?'.Z so:;THW~ Q;.;;J:."!1m O:'" :s::::r.::,K 29, TOWNS~::;; l>:OF..'!1-:, F.At,,,'U! 5 £AS-:-. W.h~ .• JN i:JNG COUJ,,,7YW >-S::i:JJ.;~ot.:. ::·~=r~ED ;,S:=-:;:.r..ows: i:":::O'JNh1NG ;.;;Jr.."E SOi.=7ri OUAr.~R CORf.."EROF SAD S;JE!)i\'!Sl:::>t,:: 7HES::£S0:.7.:i se ~r· o:· \i357 .:.!..ONG n:::: !.!:li.T."': LIN!: 0~ SA.I:) SE:71:n..:. 55E..01 ~; 7:~N::E NORTE Jt; ;· 5;· v:=-::--r 50 ~Tor= N0r'.T.-3R!,.Y MhRGl)I.' O? 50~:TH.E .... S"i 170.f. ST?~:; AS C:>N"1"E:'::: 'jQ l:WG CQU,,"i")' S';' ms,;r.u~s~:r i::.==nr~:::D UK~::P. F:.E::'OR!>l~G NO. ;~~'E5C, T:-:EN:::: V,~='.J'.!..Y OKs~ N:m:rH 1,1.ARCiIJ\' J.l.01"G ;._ :'.:iJRVE TO Tr.= ;JG:,-. WZ7i A RA.:>IJS 0~ 30~. i7 E=.l, (!.2E ?=::;-JOT~ "i"ll.l.JE r::m,1 OF' =~GINl'\1NC; i:SN:E ,'10i:::-'i. !".ff;;· EAST l~.6E ~-T:-:::'.N::E NOi:.T:-i sec W :'7" V.31 G.00 ~; l.rGK::: !:0::7'"i ~c ~5· ;;3· W~. l~.:25 F.:ET 70 S,!JD NORTE MA.RGTh'. OF ~Oi..'TF.SA.S7 ii61r.! !.'TI'.;=T; i:-3.t.:::Z ~STEF'.:..Y 01\ S.ID NQF.7F. MJ..RCi!N A.!..ONG A ::VF.\~ 'iO 1:-:E L.~~ ··~-:Tr: A l:.ADfJ5 0? 30E.;-; :=-'~. 6.00F'~JO T:-!.E TRUE PDU~'7 OF ;:;;:;;tNJ-!l}:G. -· c,·;vJ/J L. c:;:'RA>.>TtE.'~ l\t,,-~U..,, 'i'~'C'f 1e{.11·r--- £,,~1llff A p4G-&4 l I ?'>x In ...... N Q CD ""' CD N "" 0 ""' C7l ~ " ... · .. , :;; 0 ---~-----~~---~----·--·-·------·--·····---..... " LolA LolB ............... .Associates .... .... P.O. Box 72 Firlit Inte'r8tate IUk 999 Third Ava. .... Cty ;,,, ta WA 8057 11602 I) 10.00 2.00 26.00 tft1111t138.00 en., 2:lp Phone Seattle, WA 98111 · 292-3l3S· . . :Op ,.. ..... --1-!::=~......i-=-:::::"'="":::"'=-i.:-==-=='-1:,::Z' ~&w,i·· WDS8 Cascade :="tr •1aacr~1VJ"I.....Mli-.• ,N .. ...__.._ __ _, ____ .,__ ___ __, ,..,..,. ... 7.A/b-11,S • V 1'- CIOCntlla ~ Lot •7ronnn .... 12S Loll IS8 WD58 Ca.scade ::::;-·-~-~ ll---1----.;_---.....J-----l lcnow1edg,I, , Loi C Slgnalura LotC 42 11'4.S. ms.o SE SW .., ........ _. LoU See Attachod ~...:.. LolB SH Att4ched LolC See Attached IIDS8 Cascade RECEIVED MAR 2 81991 SUBDIVISIONS Ord,n; Non-Order Se11rch Dex:: KC:111P1 91042616(12 Page lof6 Crt!atff By: KIin Karman Printed; 1/5/2015 3:04:08 PM PST , ···- ·--~· •th • • roo I I I I ,,. / ,,. 1'bb hcnmdalC'y lia.. •djuataent 1:oqu•1t: _l::: aua,Uf!H tor u HHption wu:lu !•aticm U.2Ei.03C(r) of th• Kira; Comity ~~!:!·;: g=:t~t!':!1::.::;!~. 0 :b::· t:v;::ty c~r:u::~hf:U:f· CIID b4I built ar aulxlividlld in th• f\ltur•. Dou Rat 9Uallt.y for an 1:itamption du.e to: Order: Non-Order Seuch Doc: KC: 1991 9104261602 Page 2 ol 6 Cniated By: Ken Kar•a• Printed: 1/5/2015 3:04:08 PM PST \ \ l j l I 8758,01 nAILLET • MUIR ASSOCIATES OLD LEGAL DESCRIPTION FOR PARCE:L A; • 0 • - ( J JAN 1991 That por-Uon cf the Southea.,t quarter of the Southwest qu,1.rter Df Section 29, Tciwnship 23 North. R.anqe 5 £a'!lit, w.n., in King County, Wuhin,;iton, lying Wost of the Westerl)' 11u9in cf s. R. 51:S, u con'1eyl!'d to thrr 'it.ti' of lilo1.flhin9ton t,)' inttrument recorded undrrr recanling No. 741031-0279, West of the Wes.terly 111ar9in o'f 108th Avenue S.E.(Denson ROAD>t as conveyed to King County by ln!itrur.ier.t recorded under recording No. S284t:IS6 North of the Northerly a;u·gin of Southeast 176th Street as ccifl,..!'yed to Kin9 County by instl"ument l"ecarded 1.inder record1n9 No. ~2849~6, South of the Scuttntrly 11.ar-9:in of Southeast 11.qth Stl"'eelt ,15 c;:gnveye-d to IUnq Countr by insi.P"uineont P"ecardeod undl!',. recaP"ding No. 15VB7BS. •nd E•"St o1 " l:ine · descriLed H fol low! 1 BE.GINNING at the South quarter" cDrner of said St:ction; THENCE South 86· 48' 01" Wes.t alon!J the South line of uid Section, a.distance of 368.01 'feet; THENCE North 03• 11' ~9" ~es\ a distance of 5-0.00 feet to the Northerly ir.arg:ih of said SoutheHt 176th Street, said point being a point of curve; THENCE Westerly along said Northe,.ly margin en a curve to th,e right having a l"Adiu-s of 308.17 feel for ~ dbtance of 4S.2B feeol And ta the-TRUE POINT OF BEGINNING of '5,dd line d~scdpti.on1 lHENCE North 01 • 43· 16'' East, dhtance 184.68 feet; lHENCE Nol"\h 88• 16" 44" We5,t, • distance of 8.34 feet; lHENCE North OP 43· lb'" East, a distance of 229.60 feet to t.he Southerly mal"qin o"f s.aid Southeas.t 1741H Street. and TERl'IINUS of !aid line des.cdpt.ion; (fA.LSO known as lot A of Kfoq Countr Lot Line l'\djust11ent No. 1184008 EXCEPT all buildinqs, fi1turn and equipment •nd an; other right, U tle and interHt u canYe)'ed by instru111ent l"ecorded Unde!" nc.ol"dinq Na. 8403301146; •nd EXCEPT a1 l coal and miner.ah and the right to explore for oillnd mine \ha saee a5 reurved by deed rl'Corded under recording No. 281392'1. All situ-'tl' in the County oi ICinq. Sta.le of Washingtcm. References Parcel A, Firs\ A1111,ric•n Titlci Insur.ance Comp,iny's Plat Certific•\e Order No, 187JS9 .. ~ NtW LE.GAL DESCRIPTION FOR PttRCEL A: Th111. per \ion of the Southea!.l quarlel" of \he Southwest qt.1•rter of 5c,clic:m 29, Township 23 Nor\h 1 Range ~ E,H,t, 111.11., in King Coun\)', W,nhingtonf beinq more p"rticul,.r'ly descnbed "'~ follows1 SEGINNrNG at the South QUa,.ter corner of Solid Section; THENCE Soulh 86'" '18' 01" West along the South line of s.,a,id Section. 368.01 feet; THENCE North OJ.'" 11' ~9" West S0.00 feet to the Northt'dy 111arqin of said Southeas.t J76\h Street , THE TRUE POJNT OF BEGINNING .1na: a point on a non- t•ngen\ curve iro11 111hich the cenler beus North OJ• 11' 59" West 308.17 feet dist,mt; THENCE Westerly atonq said Northerly ma.rqin a.long J. curve to the dght havinq • central an1Jle of 09• 3'2" 11\" and " a.re hnqlh of !>1.:50 Onh1r: Non-Ordtir Seard, Doc: KC:1991 9104261602 Page3of6 Crealtld By: Ktin Ka,maa Printed: 1/5/2015 3:04:08 PM PST ..... 0 • - ( feet; THENC.E North OP 43' 16" E,H,t J99.25 feet; THENCE .ilcnq a cur-ve to the leH havin~ a radius of 25.00 feet, a central Angle of 24'"' 59· ll" and a .u·c length of J0.90 fee1.; THENCE Nol"lh 01" ,q3· 16" East 204.M feet more or less to the Southerly 11.ir,gin of Southeast 174th Stl"eet, AS conveyed to l<ing Count)" by instl"Ull!l'!'nl rl'corded undf!!'I"' recording No. 1S9Bi'8Si THl:NCE South 7B• 51 • 09'" tut JOJ.~0 feet 111oreo OI" leu. to the we,.terly margin of s. R. ~U, u conveyed to the? st,Ue of Wnhington b)" instru1111mt recorded under recording No. 7~1031-0279 and a point on • non-U.ngent curve from ~hith the center beo\rs South 65" Otl'l2" West 7S5.00 feet di!itant; thence •long iii curve to the right ha,..in,g "' central anqle of 20• •J2'47" And "' .arc length of 264,15 1eeti THENCE South 01• 42' ~2 .. We,t a.long said Hrqin 69.40 feet THENCE South ,n• 21 · 02" West 21.60 -feet to ttle Northerly margin o1 Southea5t 1?6th Strel!'t as can11eyed to Kint; County by instru•ent recorded under recording No. $2848$6, THENCE Sou.th 86• 48" 01" Wos.t 308.01 ft!'et to THE TRUE POINT OF SEGINIIIING . ContaininQ 1.Jl 1 339 Squ.iire Feet more or les5. Subject to ea5e111ent 1 restrictions., and reservation of l"ecor-d. OLD LEGAL DESCRIPTION FOR PARCEL lh Tha.t portion of the Southeast quader of thP. Southwest quarter of Section 29, Town!.hip 2:3 North, RanQe ~ Eat.t 1 W.M., in Kinq Cpunty, WuhinQtc1n 1 described as fr.ii low1: BEGINNING at the . South qu~rter of said Section; THENCE South 86• 413· 01" Wl?~t alonq the South line of silid Section, a distance of 368.01 iee-t; THENCE North OJ.• 11 · 59" West, a distance of M.00 feet to the Northerly mar-i;iln of Southeast 176th Sll'"eet, a, conveyed to KinQ County br instrument t"'ecordcd uflder recording No. 52848!.61 THENCE l:!Ht!!rly a.long said Northerly 11.'!ll'gin on a turve ta the riQht having " r.adius of 308.17 feet 1 ior a dhtance o-f 45.28 f..-et to the TRUE POINT OF BEGINNING; THENCE North OP q.;s· 16 .. Eo\st, .a dist•nc:e oi 1B4.68 feet; THENC:E North ea• 16" 44'" Weor.t 26J.78 feet to the Northerly marqin of I.G. Carr Ro,11.d (106th Plac:e Southeast). a'5 conveyed tD King County by in~trument recorded 1,1nder re-cording No. ~284856i lME:NCE Southeaster!)' dong said margin 3:lB.82 feet to the TRUE POINT OF' BEGINNING. EXCEPT illl buildin~s. fiJtures and cioqu.ipnent .and anr other ri9ht, t.itle •nd inter-t-is.1. n conveyed by instrument rocorded under-recordinQ No. 840JJ011'1b; and EXCEPT all coal and 11r1iner-als and the dghl to explore for-•rid ll!ine the same a-.. resl'r-ved by deed recorded under recording No. 291::5921. Al 1 situate in the County <if King, SlATE o'f Washingtan. Ref~r-enti!'I Farcel 8 1 First A,.eriun Title Insurance Coaipany·s Plat Certi'fic:ate Order-No. l873S9·S NCW LEGAL DESCAJPi lON FDR PARCEL 9: That portion of the S.:mthea-st quar-te,. of the Southwes.t quar"ter of Section 29. Townstilp 23 North, Range ::i East, W.M., in f(ing County, Washington; beinc;i more pal"'ticula.rly de$cribed a~ 'follcw-s1 Order. Non·Onler Search Doc: KC::1P91 P104161602 Page4 of6 Creah!d By. Ken Karman Printed: 1/5/2015 3:04:08 PM PST 1,..., C - BEGINNING •t the South qu"rhr cornet of 5.i.id Set\ior,; THENCE South 86• '19' 01'" WeGt along the South line of S.9id Section, 368.01 'feet; THENCE North 03• ll' 59" West 50.00 fee\ to the Northerly Hrqrn of said S0ulhe41,t 176th Street dnl:~ a point on ,i non-t.,.nqent curve from ,,,.hich \he center bears North oJ• 11· 59" We'!>l 300.17 feet di'!otanl; THENCE Westerly .alonq !.aid Nodher"ly 11141.rqin o1lonq a curve to \he riqhl ha.vinq • centr<1l angle gf 09• 32' 14" And a i1rc: lenqlh of Sl.30 fctet lo THE TRUE POINT OF BEGlNNlNG1 THENCE North 01• 413' 16" East 199.25 Teet; THENCE o1lonig • C:Ul"\le to \hi left h.1Yin9 ii radius of 25.00 feett • centul angle of 09• 59· 56'" ·"'·" ,:i ,lri: ii!'i,t1i.n ;;.j Zil,27 1el!'ti TH[NC£ North 00• 16' .q.q" Wefit 255.9.:S feet ITIOl'i!' DI" less to the No!'"lhea.sterly lflar-gin of 1,G. Carr" Ro.ad 1106th Place Southl?'M,t), ,n, c:onveyed lo Kinq County by inst,-u.-iienl r'ecc-rded under rE"tOl'din9 No. 52B48S6, THENCE South 26• ~o· 49" East alcnq s.aid marQin 73,63 'fE"ett THENCE along a cul"ve to the left having a .-adiu'!I of JOB.17 feeit, a c~n\l'al ""9h of S6• 46" 16" and c1 Ar"t hnqth cf 30S.JS feet tci THE TRUE POINT OF BEIHNNlNO. C:cmUininq 4J,8:H Squ,u·e Feet Aore or les~. Subject to easemt>nt, restl'ichons, and resel'valion of record, OLD LEGAL DESCRIPTION FOR PARCEL C: THAT portion of the Southeast quartel' ot the Southwe!.t quartc-t' of SectiCon 29, Township 23 North, Range ~ E•st, 14.M •• in ICinq County, WM,hington, dHcribed u "follows, BEGINNING .;i,t U1e South ,quut.er of '5..iid Section; THENCE South B6• 48' 01" West along the South line o1 said Section. a disOnce of 36B.01 feet; lHENCE North 01• 11' 59" LilE>st, a distance of !>0.00 fet!'t to the Nol"therly tih!ll"gin 1J1 Southe-c15t 176th St.l"l!'l!'l, as conveyed to King County by instrument l"ec:orded under recol"ding No. 52848S6 1 uid paint being ,a point. of c.urve; THENCE Westerl)' along said Northel"lr 111•rg1n on a cur,,,.e to the dqhl having a radiu'Jii o1 JOB.17 feet, for a dishnce af 45.29 feel; THENCE North 01• 43" 16~ East, • dis.hncll' of 184.69 feet; THENCE North Ba• 16' 44" West, a dist.a.nc:e of e.Jq feet. to thl! TRUE POlNl OF' BEGINNING; THENCE Continuin; North '809 16. 44" ble5t 0 a i:i5tance of 2~,.e2 feet lo the Ea!itiedy m.a..-gin of 106th Pl.lee Southe~~t. ,15 conYeyed to Ki.nq County br instrument recorded under rec:ord.inq No. 52848~.6; THENCE North Z6• 50' 1119" West along said E:a.stetly 11ar1Jin 231 .S4 feel to ,. point ta1 curve; THENCE Nor\hwe,terl)' &long said £,sterly mar9:in of • <;urva to \hi' Le'fl. havinq a 1"4di1.1s of '132,0q feet for a di~hni;e of 12-1.91 feet to ttu!1 So~thl?'rl)' 111.1rqin of Southust 1711th Street, as con\•eyed to ICing County by in5trumt>nt r"ecorded under recording No. 1598785; THENCE South 78" 51' O<;I" E.ut .'llono said Souther!)' 111,arqin, a distancie of .:148.32 feet; THENCE South 01" '13' 16" lile,s.t, a distance of 229.60 feet to lhei TRUE POINT OF BEG1NN1NG ~SO known aft L~:__:~~-Kinq. County Lot.Line_AdJu,tmenl N~. 118.!1009)1 EXCEPT .ill builthnq~, flxlu!"es and eq1.1ipll',ent o!.nd •H'IY other ,'~h\, title .and 1nle1"1!'5\ ,\S conve,rla'd by lM,lrumenl r'ecorded undf;'r recordinq No. 8qO:S3011"6; .:ind E>iCEPT o!.ll coal "nd ,:iin£>ral,s. and the right to ex;lorE" for and lflinC' lh£> 5 .-me ,15, resel"ved by deed recorded under l"ecotdinq No. 2'8139:'1. . "41.\ Order. Non·Order Seiln:h o-: KC:19919104261602 P1ge 5of6 Cre.ted By: Ken KarnulP Printed: 1/5/2015 3:~08 PM PST '\ r ...... ...... = • • - ( All situate in lhlf Co111l1.)' of King, $tale cf Wii!!iihin9tcn. Reference: Porcel C. Fir!il Ainerict\n Title Insui·•nce CC'111pany·s Ph,t Cerlificale Order No. 197359-S NE.W LEGAL DESCRIPTION FO:R PARCEL C: That portion of the S011theut quarle,. o1 the SouthwHt quJrti,r of Sl!'ct.ion 29, lown-..hip 23 North, Ranqv :; Ea'!lit, W.M., in King C1;11~nty, w .. shinQlon; being more par1.ic;;ul,u·ly des.cdbed u follow~: BEGINNING at the South quarter cornrr of said Section; THENCE South 86· 48' 01" West •long the South line of !idd SecUcn, J6B.OJ feeti THENCE Nor"th OJ• 1J • st• West :50.00 feet to the Nol"therly urgin of said Sou.theut l76th -Street and " ocint on a non-tangent curve 1ront 1i1hlch lhl!' center bHrt. Norttl OJ· 11 • $9'' Wnt 308.17 fHl di-1Unt1 THENCE WHterl)' alonq uiel Nadher'ly 111 .. r9in •loru; " cur-ve 1.o the r-ight h .. \ling • Cl!tnlrAl •ngle of 09• 32' 14" and a arc length of s1.:SO feet1 THENCE Nor-th 01• 43' 16" East 199.25 feet; THENCE alonQ a curve to the left h.t.vin9 a r•diu!ii of 25.00 feet, 4 centr"Al aingle-of 24• 59• 11• and ,. arc length of 10.90 feet to TH£ TRUE POINT OF BEGJNNlNG; THENCE Nc.,rth 01• 43" 16" Ea'5t 204.04 'feet ,nare or-]e!!li!!li to the Southerly eaargin ,of Southent 17'1th 5trHt, as can1,1eyed tc, f<ing Caunty by instrument recorded under recordin9 Na. 15:98i8S; lHENCE North 79• S1' 09" Wed •long uid 11ar9in q4e.32 'feet a11~ra or less to the NQrthe-uterly" 111.arqin of l,G, c .. l"r RD•d (106th Place So1.1thust), as conve)'ed to King County b)' instrument rticol"ded undel" recol"ding No. ~284B56. "nd a point on i1. non-hn9ent curve fl"om which the center bean, South 46• 3'1' 25" West '132.0~ feet dist,u,t; thence d1Jn9 .t. curve to the right having a centril angle of 16• :5'1' 46"' and a arc length o1 12~.02 feet; THENCE South 26• 50' 49" East !86.00 f~et; THENCE Sauth ea• 16· 44n Ent 255.9q 1e-et THENCE along a cu,.v~ to thr riqht having • ,.•diu, of 25,00 'feet, a r:ent,..al .t.ngle af 65· 00' 4S" •nd a arc leii9th Cf 28.37 feet 1.g THE TRUE POINT 1JF BEGINNING Containin(] 76,615 Square Feet more or le5$, Subj~ct to ease111en!, r~striction,s, and reservation of record. Order: Non-Order Search Doc: KC:199191042151602 Page tS of 6 Cre;1ted By: Ken Kinman Printed: 1/5/2015 3;04:08 PM PST :t-10 Jl-ID i,. " ., a1tu1111<11neountyol King S1attd WASHINGTON Gral'IIIH lh.U h11i11 lh, rl11hi of lngrlt!la and 1111m over and acrm, ilii C.:nc1 ofthediimorLi ind fl'Ofll, uii ibcivia111c1&a pivparty and Iha rfQhl to dear and kHP clearsd •OU011 and othor QbstNCUOna. Grlnt• WI bl nisponabla fur aa d1ma11• calWKI 10 Gran1ot1llalng liom Orant!M'1 exa,clae ol tho rights Ind prlYnesin herein granted. ~ ~ gr~c:.:i:::a ::::i~ to occupy, Ulla and culliVata said E~111111111t tor an pu,pcMO nol lnco111l:.1ort1 wllh, nor Interfering .,. ~ ~ ... .,. a, • IQ) } .. whodlcluyhtlahlll...._ ______ _ Notary Public In and for lhl Stai. al ....... MycomrnfsllonupM ______ _ aac, .. , . r-Pt( A '!<Gc!~r ~~1 -±1-;;?D131co1ccoy-,s • WHBN RECORDED RETURN TO! BEN DORER TVC REN'TOfl CO, WA, L,L.C. ns, WEST HM't.E RD, SUITE BO· WEST BLOOMFISLD, HI 4834:2 IIIIUIIHIIIIHlll~IHI 20131001000418 CHICAGO TITL£ EAS 184. H PAGli:-NI OF eJ3 19/li!lt/2fl13 89:23 KING COt.tlTY, UA 20130913002675 =If!!~, PS 112.N l!'1'&\~J· EXCISE TAX NOT REQUIRED ~WI~ Ooputy. ® CHICAGO TITLE INSURANCE COMP ANY DOCUMENT TITLB (BJ 1 RECIPROCAL l!ASEMENT AGREEMENT 2 OrderNv.mber. 001340943-"' , • REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASEO: Cl Additional referem:e n\ll!lbers on page __ or do,;ument GRANTOR I a) ; 1 MA.lLLE'I~MUIR ASSOCIATES 2 TVC RENTON CO. WA, L.L.C. 3 WMHJ:NGTON CVS PKMMACY, L.L.C. Cl Additional names on pa9e __ of document GRANTEE{&): 1 MP.ILLET•MUIR ASSOCIATES 2 TVC RENTON CO. WA, L.L.C. 3 WASHINGTON CVS P~. L.L.C. CJ 11.dditiOll&l names on pa!Je __ of doc:uaent ABBJlEVIATBD LECAL PIS9t;IP'fJON; Lot-Unit A " C Block: VdUflle: Paga: ~' Section: 29 Township: 23N Range: OSE PttrHon: PTN SE 1/4 OF SW 1/4 Piel Name; KING COUNTY 81.11. S!llLOOO (tl-91042'1602.) D complete legal de:lilc:ription. is en page 11.:..ll oC documenc ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBZR(s) 1 292l0S-912S-06 292305-9042-06 Additional Tax Accounts are en pa9e __ of docwnl!lnC 201310010CXl418.001 bmCIPROCAL EASEMENT AGRl'.EMJ001 1l!IS RECIPROCAL EASEMENT AGREEMENT (this • Ammm!') ;. made as of !he J.:!,_ da~Z...... , 2013 by and betweon MaUlet*Mulr Associate,, a Wuhingt<>• general ip (~. TVC Renton Co. WA, LL.C., a Michipn limited liability company ('~ and'Wasblnl(ton CVS Pharmacy, LLC.. a Washington limited. liability company n=;ysj (MaiD*Muir, TVC and CVS BM rcfmm to herein collectively as the "l!Ilm" and individually as a .. l!ln':i- WITNESSE'lll· WHEREAS, Maillei-Muir is 1he Owner (u hereinafter defined) of a tract of land consisting of approxUDl,tely 1.76+/-acres located on SE 174th Street in the municipality of Renton, King County, Stale of Washington (the .. ~. H leg,a]ly described on~ attached hado, and depicted and labeled as lhc "'Seller's Adjaccnl Property .. on Im plan attached ...., to u &!!il!i1..!l (!ho '1ilo..ll!n"), bod, oxlubi14 boing hereby ;noo,porated by reference herein; and WHEREAS, IVC is the Owner ofa certain bBct of land consisting of approximately 1.67 +/-acm; b.lated adjacent to the MM T!act In the HmC intcrseet:ion, aa shown and depicted as the "Retail Pbannac::y Pa.reel" on the Sile Plan ahown on Exhibil B and legally dcsm'bed on E!l!mi1 ~ attached llCrclo and incorporated by reference be.rein (the "lY.~.Imf'); and WHEREAS, TVC is a1so the Owner of a certain tract of land consisting of approximately 1.1 +/-acres located adjacent to the lVC Tract and MM Tract in the same intersection. as shown and depicted as the ''Bxccss Parcel" on the Site Plm and legally deKn'bed on li!him1Jl attached hereto and incorporated by reference herein (the 'TIC Excess Parcel'1 (the MM Tract, the TVC Tract and the lVC Excess Parcel are rc&::aed to hemn eo11ectivoly as the ~ and individually as a "Iw:f'); md WHERE.AS, 1VC is planning; to construc:t a building on the TVC Tract for the opm.lion of a retail phannaoy with a drive lhrough, and related uses (the .. ~ together with adjacent paved parking and drivn-ay areasi WHEREAS, CVS is plaiming to lease the TVC Tract from 1VC (die·~·?, whereby CVS shall be the tenant and TVC shall be the landlord, and CVS &hall have the right to oporak:: a retail pharmacy with a drive through on said property; and #51 ~87405 v2 (Rcdpn,c:al :i::-mmt Agreement) 20131001000418.002 WHEREAS, the Parties desire lhat the TVC Tnict, the TVC &cen Paroc1 and the MM Tract (hereinafter sometimes referred lo collectively as the~ be subject to certain easements, rights, and :rmricticms as hereinafter set forth. NOW, nmREFoRE, for and in oonsidenition of the premises, easements, reslrictions and encumbrance.s contained hcrffll, and Ten Dollars ($10.00) and oebcr good and valuab1e consideration, the sufficiency of which is hereby acknowledged, Ille parties hereto do hereby 88ffl8U follows: 1. DEFINFJJQNS A. ~: "'Owner" shall mean the reeord owner from time to time (whether one or more persons) of title to any Tract, or portion the:cof, but exeluding those boIWng seeurity inlcm.ts for the performancci of an obligation. Notwilhstanding the foregoing. in the event an entire Tract i& ground leased or otherwise teased for a term of at least twenty (20) years, the ground lcascc or le.see shall be deemed the Owner in lieu of such record owner. Notwithstanding anything contained herein to 1hc conlmy: (i) CVS, as tenant under lhe CVS Lease, shall have the right but not the obligation 10 enforce the terms contained in this Agreement and (ii) this Agreement is not Ul.tended to and shall not be construed to alter any of thetomisoftJusCVS Lease. B. TVC Tpct Attm Easement Area: ''TVC Ttaet Access Easement Arca" shall mean the areas of tM lVC Tract shown u ''Proposed Ingress/Egress Basement Over Retail Phannacy Parcel To Benefit Seller's Adjacent Property" on the Site Plan shown on Exhibit B, and lcgaUy described on B3h.ihitJi attached hereto and incorporated by ref'ercncc bemio. C. TVC Eu;eg brcel AcEW l!HJIIODt Area: ''TVC EKcess Pan:el Access Easement Arca" ahall niean the areas of the TVC Excess Parcel shown as ''Proposed Ingress/Egress Easement Over Excess Paroel To Benefit Seller's Adjacent Property" on the plan attached heieto as~ and legally described on~ attadled hereto and incorporated by rcrm:ence herein. D. MM Tract Accas Easement Area: ''MM Tract Access Easement Area .. shall me.an the areu of the MM Tract shown as "'Proposed lngtqs/Epess Easement Over Seller's Adjacent Property To Benefit Retail Phannacy Paree]" on the plan attached hereto as Eah.ibiUl, and legalJy dcscn'bed on~ attached hcmo and jncorporatcd by reference hCRin. E. A.cces1 FadHtles: "Aa:css Facilities" shall mean all roadW'8)'11, access drives, driveways, entrances, walkways, IUldscaped areas, Cllming, curb cuts, lighting, markings, directional signs, paVffl'lenl and any other structures or improvelllCllts used for access and located Ut987405 Y2 2013100100041&003 in the TVC Tract Acccsa Easement Area. the TVC Excess Parcel Acce.ss Eaaemcnt Area Ind the MM Tmct Access Ea.scmcnt Arca. F. Easement Areas: .. Eascmi:nt Areu" sball mean all areas of the Development on, over, under and across which casement rights bave been granted pursuant to this Agreement, . including the TVC Excess Parcel Actess Ea&erncnt Area and the MM Tmct Ac.cess Easement Area. 0. Easement F'aclllfles. .. Easement Facilities'" means the Access Faci1ities. H. bmi "Laws" shall mean Ill laws, OTdinanccs. requirements, onl~ codes. directives, rules and regulations of the federal, state, county and mmriclpal gow:mments and of all other govemmenta1 authorities affecting lht Development or 1M appurtcnaucos thereto or any part thereof whether the same an: in fOtCe at the recording of this Agreement or in lhe futllfe passed, enacted or direeted. 1. I!:!£!.: "'Tract'' shall mear:i any parcel of land within lhc Dnclopment, legally existing on this date, and as crcatd from time to time,. together with tlx buildings and improvements locatod 1hCROD, from time lO time. 'l. GRANTOFEASEMENTS, A. TVC Tract Access Egcmeot: lVC, u lhc Owner of du: TVC Tract, hereby grants to Maitlet•Muir, as the Owner of the MM Tmct. a permanent and non-exclusive right and easement for pedestrian and vehicular (both t:ommen:ial and non-oommeroial) passage in, on, over and across the TVC Tract Acceaa Easement Alea, for the puflX* of providing ingress to and egr~ from the MM Tm:t to SE Carr Road (the •,:vc Tract Access Easernen_tj. The TVC Tract Access Easement shalt be transferable with the MM Tract, and neither the 'IVC Tract Access Easement Arca nor its points of connection with SE Carr Road shaU be modified without the prior writtert consent of lhe Owner of the. MM Tract and the current holder(s) of any mortgage or deed of UU&l upoo the MM Traot, which such conmrt may be withheld for any reason. and in any such case the modified location must 0011tinue to provicl~ adequate access to and from the MM Tract lhat is of substantially 1he wne grade, widlh and visibility. and affords substantially the same, convenience of aocoss. as the former }oQtfon. B. TVC Exgg r,M Access Easwcut: TVC, ll&-the Owner of the TVC Exee:&s Pe~l. hereby gmntz. to Maillc~Muir, as the Owner of the MM Ttaet, a pcnnanent and non~ excluaivc: right and eascnu:nt for pedc$trian and vchleutar (both commercial and non- commerciel) paasaga in, on, over and across the TVC Excess Parcel Access Easement Am.. for lhc purpose of'providing ingress to and egress from the MM Tract to the TVC Tm.ct (the "I'.'lC. Bxcess parcel Acses Rasemenr). The TVC Excess Parc,el Accesa Easement shall be 2013100100041&004 transferable with the MM Tract. and neither lhe TVC Excess Pared Ac(;e.sa Easement Ma nor its pointi of connection with 'IVC Traot: shall be modified wilhout the prior wri~ QOIISent of the Owner of the MM Tract end the current bolder(s) of any mortgage or deed of trust upon the MM Traer. which such consent may be withheld for any reason, and in any such C8$C the modified loeadon mnst continue to provide •dcQuate accc:ss to and fi-om lhc MM Tract that is of subseantially the same grade. width and viS1DJ.lity, and affords substantially the same eonvenienct of &CCCII, u the fonn~ location. TVC. as lhe Owner of tb TVC Bxce11 Pan:cl, also hereby grants to tb!Cl Owner of the TVC Trac.I, a pennancnt and nOD-CGlusivo right and casement for pcdcatrian and vehicular (both commercial and non-commercial) passage in. on, over and aerosa the lVC Excess Parcel Access Easement for the purpose of providing ingress to and egress from the 1VC Parcel to the MM Tract Acass Easement (as hereinafter defined). The TVC Exl.css Parcel A(:CCSS Easement slw.ll be lnlllBfemblc with the 'IVC Tnct, and neither the TVC BxC8SS Parc:cl Access Easement Area nor its poillts of connection with 1VC Tract and the MM Tract Access Basement (es hereinafter defined) shall be modified without the prior written consent oftbc Owner of the TVC Tract and lhe cunent holdct(s) of any mortgage or deed of trust upon 1be TVC Tract,, which aucb consent may be 'Withheld for any R:asort. and in any such case the: modified location must continue to provide adequate access to and from the 'IVC Tract that is of substantiaRy dtc same grade, width and vist'bility, and affords substantiaRy the same convcnicm:c of access, as the former location. C. MM Tract A«ep Easement: Mailler'Muir, as the Owner of the MM Tract. hereby gnints to lVC, as the Owner of the 1VC Tract and the lVC Bxcoss Paree), a permanent and nOJH:Xclusive right and easement for pedestrian and vehicular (both commercial and non- commmiaf) pusage in, on. onr and across lhe MM Traot Access Easement Arca, for lhe pwposo of providing ingress ta and egress from the TVC Tract and the TVC ~to 106th Place (the ''MM Tract Access Easement''), The MM Tract Access Easement shall be transferable with lbe TVC Tract and the TVC Excess Parcel, and neither the MM Tract Access Basement~ nor its points of connection with 106th Place shell be modified without the prior written consent of the Owner of tM 1VC Tract and the 1VC Excess Parcel and Che CWTent holder(s) of any mortgage or deed of lrust upon the TVC Tract and tbc TVC Excess Pan:cl, which such consent may be wicbhcld for any mason, and in any such case the modified location must continue to provide adequate access to and &om the TVC Tract and the TVC Excess Parcel that is of substantially the same grade, width and visibility, 11nd afford$ substantially the same convenicnt:c of access, as the fonncr location. Notwithstanding the foregoing, however, the owner of the MM Tract shall have the right, at its sole cost and expense, to ielocalc the MM Tmct Access Easement Aiea and/or ita points of conn«tion with 106111 Place up ta twenfy-four (24) fut in a northerly diMction without the prior written conscn! of the Owner of the TVC Tract or the TVC Ex<lCSS Parocl, PROVIDED that such modified location: has been approved by the applicable m11mCipat. state ot county authorities, #S 198740S v2 20131001000418005 continues to Jl"Mdc adequate access IO and from tho TVC Tract and lhe TVC EXCCIS Partel lhal is substantially of the same gqde, width and visiln1ity, and affords substantially the same convcnicacc of acceas as lhc fbnncr location, and PROVIDED FURTHER that ICCCSI to and from the TVC Tract and the TVC Bx«sa PatqJ ill not impaired or impeded during lho process of relocating the MM Tratit Aocen. Arca and sueb relocation is memorializm. and in reconlablc form in an ar:c:ess eamnent a.gteemrat or modific::ation of the existina ac.eess agreemont of rcconl in form and substenc;c -reasonably satisfactory to the Owner of lhc TVC Tnct and the TVC Excess Parcel and their rcspcctive litl11 insuranct!I company repmsentatives.. If die Owner of the MM Tmct elects to move thii MM Tract Access Easement Area pursuatlf: to thia provi1iou, lhen that Owner shall provide to lhe Owner of the TVC Tract nd tho TVC Bxccaa Parcel written notice at least 30 days beforo relocating the MM Tract Access Area. For purposes of providing notice, the Owner of the MM Tract shall 8ffld notic;c to tho lVC address set forth in this Agreement wilh rc.spccl lo the TVC "Ii'a<:t and shall send notice to Ille 'IVC addn:ss set forth in this Agreement widl respect to Ibo 'IVC Excess Parcel, or if a new addres1 is provided in writing by lhe Owner of the 'IVC Tract or the TVC Excess Parcel, then tD such address. If no current llddress for dte Owner of the lVC Tract or the TVC Excess Parcel bu been provided to the Owner ofthcMM Tract, then the OWncroflhc MM Tnct shall send notice 10 the then aJm:nl Owner's address as refJi:c:tcd in the records of the King County Tax Assessor. D. permitted Usen. An Owner may gram the benefit oftbc easemimt(s) descnlJcd in this Agrccment to ib: tenants hereafter occupying any building or my portion lhclcof ou its Tract, for Ille duration of such tenancy and co the apnts, V(lndors, licensees, c:ustomen, employees and invitees of such Owner or tenant (collccti'vcly, lhc '*Pennitted (Jpj. Notwithstanding the roregoing. nothing in this Section 2(D) shall rcloase an Owner from its obligations and respons,"'bilities contained. herein. B. Damage or DestrncHon by Owner, Any Owner (or such owner's Pcnnitk:d Users) who disturbs or damages another Owmr's Tract,. or any portion thereof, in the exercise of •ny rights or ob1igationa hereunder, shall, in a prompt and workmanlike manner, repair and JCStorc such damage or disturbaneo as nearly u praetieab1e to the oondibOD that existed. prior to such damage or disturbance. NJ.y grading whK:h materially alma the flow of surface water IO, or materially 1ltors the drainage of, another Owner's Tia« or the TVC T?&Ct Aceess Easement Ma, the TVC Excess Pan:eI Accesa &sement .AICa or the MM Tract Access Easement Area shall likewise be rcpai~ and restored as nearly as practi~ble to die condition that existed prior to aueh grading. 3. PA.RKJNG A.REA§. Nothing in this Agn:emmt shalt be constnled or deemed to convey any rights to an Owner that would peanit parking on another Owner's Traci. All future development of any other Tract, or any portion thcreo~ ahall include the on-site construction of parking sufficicnl. to #Sl987405v2 20131001000418.006 satisfy the demands of its intended use as well as Laws pertaining to parking areas and porldng requirements. No casements or agreements Tdated to parking arcas aha.II be granted or cntm:d into by the OWDcra tQ third parties, which may invoke the application of Laws requiring cross panting within lhc Development. 4. USEVSJJlICTION 'Thc:·MM Tract, or llll)' land imtnediataly adjacent to lhe TVC Tnct or the 'TVC &cess Parcel or at the smnc inb:rscctiGn as the 1VC Tract or lhe TVC Excess Pan:cl (whether accomplished directly by direet ownership or indiMctly through the use of lca&ea, cross-easement agreements or similar documents) to whicb Maillet"'Muir (or any of its offiecrs, directors. individual ~ or partners) holds or acquires title, thall not be leased or used for lhe purpose. of a mail health center; health aod beauty lids sllorc., a vitamin .store, a dollar store. a photo~ &cility, a gn:eting c:atd and gift store; ,11. candy stom; convenicncc store; printing and/or mailing services,. a pharmacy mail order facility, a drug score, andfor a pharmacy pie&mptioo dq,artmtnt or for lbt sale of the following: (a) alcoholic bcvengcs for off"--pmnises consumption: (b) greeting cards and/or party good8; (c) photo printing or processing, including, without limitation, onc-mK!r or less photo procffling; (d) hcallh and beauty aids; (c) vitamins and health supplemcnh; or (f) phBrmM:cutical products requiring the services ofa rcgistcmt pb.tnucis:t. including. a pharmacy mail order facility. Aa used bcrcDlt ''Dollar Store .. sball mean a "dollar store" or similar type store or UJ'j other variety stem. gcnC181 tnCICbandise store. off-brand general merchandise stotc, discount variety store. "cJosc.out'' store. or any similar operation such as, by way of example and not in limitation, ~s such as "'Fred's", "'Big Lots", "'99 Cent Only", "Dollar Store", "'Dollar General", '"family Doll.u", "Maxway" or '"Allied Stores". Al used in this agrecma:it: the tcnn ,.pharmacy presrsipl:ion department" shaR include the dispensing of prescription dnlp by physicians. dentists, other health care practitionms, or ai.titie.s such as hc;olth mainteoaocc organimliomr, a "drug atore" shall mean a store wluch sells picscription drugs which arc required by law to be dispensed by a licensed phannac:ist; a "dollar store" shall mean any so-called "dollar ,rtore" or similar type of store or any other variety s&ore, general merchandise: store, off•bnnd merchandise store, discount variety &1tlte, "close-out" store, or any similu operation. The reslrictive covenants sec: forth herein sllall not, however, restrict Maille~ from allowing the premises on any such land to be used for commereial office space fur mcdkat, denial or other health professionals and. if so used, shall not mitrict Maillct*Muir from allowing such medical, dental or other beallh professionals &om selling. prescribing or dispcn.,ing vitanrlns, hea!lh aids, health supplements, phannaocutica1 ptOducts, or medication as. an am:illary part of lbe medic:lll #51987405v2 2013100100041&007 professiona1's pmctice. PROVIDED lhat such selling, pmaiption or dispcmsina docs notcom:dMe !Im prima,y busmosoofllm provider. Notwidisblnding tbe dianeterization of 1M ttmictive oovenants dcacnbcd hcmio u permanent. the covenants sliall automatically expi:m and be of no further effect it;, for any period of five (5) fbU eonseculivo calendar years,. no business or entt:rprise such as is cleacn'"bed above exists or is opcnting on the lVC Tract · s. PRQRIBITED USES, Except as otherwise set fonh hereffli. a Tract shall be used for 1hosc uses penniUcd under the Laws provided, however, that no part of the Dcve1opmmt sbaU be used or occupied for the operation of any of lhe following: a cinema. video ston1 or bookslom selling, mrting. or exhi"biting primarily matcriaJ of a pornographic: or adult natl.Im; a firearms i5hootmg mogc; or a ps 5tatioJL 6. MAJNUNANCEANDTAXES. A.~ (I) Gencnd Sbndards. Each Owner shall be responSID1e for Main1mance, at its own cost, of its respective Tract in accordance with Laws and otherwise in a _good~ clean and sanilal)' ordar, fteo from infestation from insects,. rodenbi, vermin and other pests and otherwise ia a condition comparable to other "first-class" c:onunen::ial/maJ1 properties located in Renton, Washington. For purposes of Ibis Scetion 6(A)(i), "Maintenance" include! (but is not limited to) sweeping, washing and ranova1 of lrash, litter aad refuse, removal of mow and ice from pavement, parldng areas and walkways, painting and striping of parking areas,. tep1ir and rcpllCCDIClll of paving as ncccssuy, repair and replacement of utilities and drainap exclusively &ening such Tract, maintenance of landscaped areas (including rcplacement and rcplan.lina), and maintenance and repair of lighting, fixtuu:a, mgnagc. dircclional aigns, lines and mukclS. Paved &ICIIS shall be maintained in a level, smooth and evenly-covered condition wilh the type of surfuina material originally installed or such substitute as shall be comparable in quali1y. us~ and durability. Garbage, tmah, rubbish and other refuse, will be stored in covored containers or compactors and removed at regular intervals, not 1eu than weekly, at auch Owner's expense. (2) Easement Maintenance.. Notwithstanding anything to 1he contrazy hetcin, lhc Owner of the 1VC Traci shall be rc&ponSlOlc, at its sole cost and expense; for tbc operation, Maintenance and repair of the TVC Tract Access Easement ARill in lhe coodi~on described in subpananph 6(A)(l) above; the Owner of the TVC Ex..,. P"""I shall be responsible, at its sole cost Ind expense. for 1he operation,. Maintenance and 20131001000418008 repair of the 'JVC Exccs.s ~ Acecss Easement Arca in lhe condition described in subparagraph 6(AXI) above; and the Owner of lhc MM Tn.ct shall be n:sponsiblllll, at ilB sole C05t and expense, for the operation, Maintenance and repair of tho MM Traci Access l!a,cm<nt ARa in tho oondition dCS<lnl>cd in ,ubparagn,ph 6(A)(I) above. For purpo,cs of this sec:tion 6(A)(2), "'Mainlcnancc'" 1hall fflQD, wilhout limitation, the nuintcnanco of the applicable Easemc,nt Facilities in a fully aperation111 condition and in a condition oompan.ble with other first class commm:ial/retail properties in the Renton, Washington area. Wilh respect to maintmance of Ac«:SS Facilities. the tmn ''Maintenance." ahall include, without limitation,, aw«ping. washing and removal of trash, littct and iefuse, removal of snow and ice from pavernen4 painting and striping of any applicable m=s, repair and replacement of paving a, necessuy, maintenance of any 1andseaped areas. and fflllintenance and repair of any lighting. fixtures., signage, dmi:tianal aip, lines and ~ with pa"Ying being maintairted in a level, .smooth and evenly-covered condition with the type of surfacing material originally installed or such substitute as &haD be: comparable in quality, use, and durability. 7. CONSTRUCTION ACIO'DJES. Construction activities pcd'ormed on the Development, or any portions them>£: (a) ahall be pcrfonncd in a good and workmAnlike manner ao as not to urueasonably disturb the opmtion of any b~ conducted upon any Tract, or interfi:rc: with the Owner or Permitted Users of any Owner, and once commenced, such work will be diligenlly pllI!IUcd lo completion; and (b) any grading which materially alters the Dow of surface water or materially modifies the grading or cbinage of any of the Easement Areas or an adjoining Tract (as eunentiy consttucted) shall be repaired and ~ as neatly u pni.cticable to its prior existing condition in a prompt and worbnanh"ke manner; and (c) once constructed, the Easement Areas, Easement Fadlitica, and any portion(s) thctcof sha11 not be matmiatly obstructed during the normal business hours of any Owner except u may be rasonably n~ to perform maintenance,. repair and ropllCCOlCRt or as may be rcaaon11bly necesauy to prevent the dedication oflhe Euement Areas or Easement Facilities to public use. 8. INDEMNIFICAT(ONIINSURANCE, A. Indemnification. Ba.ch Owner (the ''lndemnifviDS Owner'') shall indemnify and &ave hannless the other Owncl{s) (ihe "Indemnified Owner'') from and against any and all liabilities, damages, pmallic.s or judgments, any and all actions, suits, proceedings. claims, #SISIS7405 v2 20131001000418.009 dcmandl, uacssme:nts, costs and expenses, including, without limilldon, reasonable lc&a] tees and cxpcnsca. iDCU?Ted in enforcing lhis indemnity, arising fi'Ol'n injury to pcnon or propcrty swllined by anyone in and about lhe lndmmificd Owner'• Tract resulting from any act or omission of tho Indemnifying Owner or its Pcnnittcd Users. Tue lndcD1Difying Owner shal~ at its own eost and expense, defend any and an suits or ac.tions, jlllt or unjust, which may be brought against the Indemnified ~ or in which lhe Indemnified Owner may be implctded with othen upon any such above-men1loned made&', claim or claim,, oitcept for those arising: from the affirmative aclB, omissions, bad failh or negligence of !he Indemnified Owner or the affinnative acts, omis,ions, bad faith or negligence of the Indemnified Owner's Permitted Usera. B. Insuronee. (I) Bach Owner at its own expense shall bo required to procure and maintain in filll f'on:o and effect a policy or policiea of oommcn.ial gc:ncial liability insurance against any liability or claim for personal liability, wrongful dea'lh. pn;,pcrty damage or liability for which such party is responct.1,le under this Agreement or under lhc Laws, with finaneially responsible ins~rs authorized to bansaCI business in the State of Washington with a commercially R:Bsonablc combined single limit of not les8 Ihm $1,000,000.00 per occurrence (such amount to be increased ovu-time so as to maintain comparable coverage am01.U1b as dollar values erode with infladon or if reasonably required under then-prevailing industry standards for mail shopping centers}. (2) Policies of insurance required under this paragraph lhall name the other Owner(s) (and their mortgagees and/or Jeuo:rs, if required) u addilional named insureds. Each Owner shall provide lhc olhcr Owmr(s) with eertifieales of such insurance &om time 10 time upon writteD request to cvi1icncc that ncb insunmce: is in force. Such insurance policies shall provide an obligation requiring tho insurer to provide thirty (30) days written notice to 1he olher Owncr(s) and additional named insureds prior to cancellation or 1mnination of tho policy (10 days in the: case: of non-payment). (3) An Owner or its parent or affiliated entity having a net worth of ()Qc: Hundred Million Dollars (Sl00,000,000) or more, or a market capitalization of One Billion Dollars (Sl,000,000,000) or more. may self-insure the obligations under this Section 8. Should an Owner elect to self•insure. BUCh Owner shaJI, upon wrlUon request by another Owner, provide current audited financial statements (including a balance shod). 9. EMINENT DOMAIN A. OWll§Qj Rieht tg AWJrcl. In the event of the exercise of eminent domain or tmnsfcr in lieu thereof ofa Traet or any portion thcRof(wbcthc:r or not such laking includl:8 any 15198740S v.2 20131001000418.010 Easement Areas, Basement Facilities, or any portion(s) lhe:reof)(the "Cgndemped Tract"), lhc award attn"bullblc to the Condemned TillCI shall be payable ooly to lhe Owmr lheteof. No other Owner shall have an interest in any award or payrmmt made in eonncction with the exercise of eminent domain or transfer in lieu thcMof of lhe Condemned Tract, provided, however, that !he other Owner(s} may file collateral claims with the condemning authority for their losses and may receive payment if awarded. separately and apart ftom the awani made to the Owner of the Condemned Tract. including any separate award for substantial impairment lo the benefits hereunder such as parking, signago, or access. B. RR19JJliqn pf Aecm Ease,nent Facilities:. If the 1VC Tract Access Euement Area. the 1VC Excess Parcel Easement Area and/or the MM Trsct Access Easement Area, or any portions thereof, m so eondemncd or transferred, the Owner of the applicable Tract sha11 promptly repair and ICS10rC the remaining portion of lhe affecled Easement Arca(s) as nearly as practicable to the condition which existed immediately prior to such condemnation or transfer IO the extent that the entire proceeds of such award are &ufficicnt to pay the cost of suc:b restoration and repair and wilhout oontribution from the other Owners. Norwilhstanding the (OR:goin& in the event dmt lheprocecds of such an award are insufficient to pay the costoftbe restoration and repair of the affected Eascmcnc Area(s), 1be other Owners may, al its sole and absolute discretion, contn1,ute any additional amounls necessary to n::store and repair the Basemen! Fac:ilities. as contemplated herein. 10. RIGHTS OF MORTGAGEES· No provision of this Agreement shall in any way defeat or render invalid the lien of any mortgage or other security inatl\lment entered into in good faith and for valuable consideration, whether presently in existence or hcmtifter recorded againsl any part of the Development, but any such lien shall be subordinate and subject to the provisions of this A~t but nol to any liens created by this Agreement; providedt however, lhat if any portion of lhe Development is putc:hased in connection with a foreclosure of such mortgage or security insbUmcnt or ie conveyed to the party so secured in lieu of foreelo$ure, any person so aequiring or purc:hasing and bia: sucasaors and assigns Ghall bold any arid all niaJ propmy so purdiased or acquired subject to the provisions of this Agreement. The Parties shall, upon written request, undertake best effolla: to obtain, within ten (10) business days, an agn:emcnt fiom the existing boldm of suc:h mortgage or other security instrument on their respective Tracts subordinating the tcnns thereof to the tcrms of this Agn:cment 1 t. BINDING EFFECT- A. Coyenp.pts Run With 4nd. Trus Agreement shall be perpetual in nature, shall run with the: land &11d shall benefit and be binding upon the Owners, their hcin, administrators, repr=<lntative.s, successors and ass:igns. This Agr"'11cnl shall be recoided with the King County· 15JH7405v2 10 Rcconlcr'a Office. Airy transfcrcc of any Tract. or any part thereof, shall automadcally be deemed, by acceptance of a died, a leascbotd iutm:st satisfying lhc conditions set fonh in Section l(A) above, or any ownership inlercst in and to a Tract. or portion thereof. to have assum.cd all obligations set forth herein, and to havo agreed to comply with tho provisiom hereof. The transferor of any such Traot 1hall, upon the ~lction of the tramfer, be n:Jieved of all liability hereunder except that which arose dmi:ng the uansfeJor's period of ownenhip ind which remains unsatisfied on the date tranaf'cr. B. No Dedicatiru, tp Public· No ImeHed E•IIMJV'iDW. Nothing contained in this Agreement aball be deemed to be a gift or dedication of any portion of any Tract to the general public or for any public wc or puq,ose whatsoever, it being the intention of lhc partic:11 hereto that this Agreement be for~ exclusive benefit of the Owners and the Permitted Users and that oothins herein. express or implied. shall confer upon any person. other than the Ownen and !heir bein. administrators. legal rcprcsentativca, aucccssms and assigns. any rights or remedies under or by reason of thi6 A~nt. No casements, except those expressly set forth herein shall be implied by this A-l C. Hsl..lYAim-No delay or omission of an Owner in the exercise of any rigbt accruing upon default by another Owner shall impair any &U()h right or be oonstrued to be a waiver thereof. A waiver on o~ occasion by an Owner of a breach or a default of any of the terms SDd conditions of this Agreement by anotber Owner shall not be construed to be a wtiver of subsequent breaches or ddil.ults or-Of any other provisions hereof. 12. REMEDIES AND EN)i'()RCEMENT. A. All LegaJ apd Equitable RsnussUsi Available. In the event of a breach or lhreatened bnach by an Owner of a Ttaet and/or its Pcmrittcd Uaem (coUec.tively, joindy and severally, lbe "'De.f'apltjpg Owner") of any of the terms, covenants, restrictions or conditions hereof, the othet Owner(a) shall be entitled !t'.lcthwith to full and adequate relief by injunction amVor all such other available 1epJ and equitable remedies from the consequences of such breach &om lhc De!aulting Owner. B. ~-In addition to all other remedies ava11able at law or in equity, upon lbe failure of a Defaultina Owner to eute a broach of this A~t within lhirty (30) days following written notice thereof by an Owner or its tenants (unless,. wilb respect to any such breach 1hr: nature of which camot reasonably be cured within such 30-day period, the Defaulting Owner commences such ~ within auch 31)..day period md lhereafter diligently pursues such cure to completion), aoy Owner or its tenanl!I shall have the right to perf'onn such obligations contained in Ibis Agrument on behalf of such Defaulting Owner and be rcimbuned by ~h D~fau1ting Owner upon demand fm lhe reasonable costs thereof togedlcr wilh inlcre:st at the Prime RAtc d,arged from time lo time by Bank of Amcrice. (its sueeessors or assigns) as ll 20131001000418.012 published in the Wall Sb'Cet Journal plus three percent (3%) per annum (not to exceed the maxillTllm rete of interest allowed by Jaw). Notwilhstanding the foregoing, in the c~ of (i) an ezncrsency (e.g. tbe failure to timely remove snow, iee, !alien trees, disabled vehicles or other obstructions which impair lhc use of the Access Easement Ala), (ii) material impairment or the cascmcnt right&. and/or (in) the unauthorized perking of vehicles on a Ttae~ an OWner or ils lenants may immediatdy am: the same, without notice, and be reimburaed by the Dofaulting Owner upon demand for the masonabto eosl thcrcof togcchcr with inlcrcst at the Prime Rate, plus threa percent (3%), as above descn"bed. ln the event the Defaulting Owner f'a11s CD py or reimburse another Owner for any 5Uffil due and owing under this Sec:tion 12. within Urirty (30) days of demand ftom such Owner (the: ''Delinquent Payment"), the amount of such Delinquent Payment shall automatically become a Hen upon the Delinquent 0wner•1 Tm~ which such lien shall be enforced (with intcrett at the rate set rorth herein) in the same manner as a mortgage. Such lien shall automatically attach and take effect upon the n:conling of a claim of lien in the appropriate recording offico in King County, Washington setting forth &he name of the Defaulting Owner, the amount of the Delinquent Payment. the date of lhe ncm-paym~ a description of the nae, or portion !hereof IO whic:b the lien shall attach, and a statement that 1be lien is claimed pursuant to lhe provisions of this Agreement C. Attpmeys' fee,. In any legal or equitable proceeding lo dctermu\t: lhe rights of lhe Owners CO enforce or restrain lhe btcach of this Agreement. the losing party or parties, as determined by 1ha court, hearing officer, other tnbunal, or arbiter utilized for Ibis pwpose. shall pay dtc reasonable attomcys' tcc:s, lcgal costs and e,;penses of the prevailing pany or parties. D. Rgngtje3 Cumglatjvc. The remedies speci:fic:d herein shall be cumulative and in addition to all other remedies permitted at law or in equity. E.. No Imninarion for Breach. Notwithstanding the forqoing to the contrary, no breach hereunder shaJI entitle any Owner lo c:anccl, m:cind, or otherwise tmninate Ibis Agreement 13. groPPEL CERTIFICATE. Each Owner. within. fifteen (15) business days ofwriuen request from anothet OW11er, shill execute. acknowledge and deliver an cstoppcl certificate, in a mutually acceptable form, certifying to such requestins; Owner or any prospective purchaser, assignee. lessee or mortgagee desipalcd by such requesting Owner, without charge, that (a) Ibis Agreement is in full force and effect, without modif1CBtion (or if then: have been modificaliona, identifying the modifications); (b) there arc PO existing defaults nor does any set of facts exist whieh with the passage of time or the giving of notice or bolh would constitute a default (or if so, specifying lhe nature and extent lhereof); (c) lhcre exist no disputes relative to amDW1:ts payable by or to :such Owner or any unpaid expenses (or if so, setting f'or1h 1hc: nature and amo,mt of the dispute); and (d) such other ,m,8740h2 12 2013100100G41B013 information concerning the &tatus of dus Agreement or the: performance of tho Ownm of their rcspcc.tivc obligations hereunder as may be rasonably requested. 14. l!Yl!.il!Qt!. Unkss othffWise eancoled or terminated. all of lhe ASements and rights granted in this Agreement., and die obligations herein (except as otherwise pravided herein). sbaO eontmuc in pcrpetulty. provided, however, that if any lcrm or provision hereof would otherwise be unlawful and void or voidable for violation of the rule against perpetuities or any other common law or statutory JU le pertaining to the duration of such easemenli and rights, then such 1erm or provision shall be effective only unt11 the date which is twenty-one (21) yean after the death of du: Wit surviving descendant. eurrcnt]y Jiving, of the fomMr Presidents of the Unitod. States alive on the date ofdiia Agreement The restrictions set fodh in Sections 4 and S shall continue in pctpetuity. provided, however, that if~ duration would violate any common law or statulOry mlc pertaining lo the duRtion of rcstrictiODB1 then such restrictions shall be limited to the shorter of (•) thirty (JO) year,, and (b) tho lonae,t period allowed by law. If the filmg of any ,ecorded extensions may prolong the dumtion of such restrictions, then auch extensio~ shall be recorded at the appropriate time. 15. IIOCUMENTMODII/ICATION.ANDCANCU.L..lTION. This Apeement (i~luding exhibits) may be modified or (:a.QC:eled only by mutual agreement of all of the Owners as set forth in • written docummt and which sha11 be cffcccivc upon reconUng with the appropriate recording office. 16. FORCE MAJEtJRE. Any Owner shall be cxCIUCd from performing any obliplion or undertaking provided m tma Agreement, except any obligation to pay any sums of money under the applicable provisions hefeof, in the event that, and only for as long as, the perfonnallQC of any s\l'Cb obligation ia prevenlod, delayed, rctuded or hindered by Act of God, fire, earthquake, flood, "'Plosion. extraordinary action of the elements, war, invasion, insurrection, mrorism. riot. mob violence, sebotagc, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market, fiiihae of transportation, strike. lockout, action of labor unions. condcmnalion, requisition, Laws, order of government or civil, military or naval authorities, or any other cause, whether similar or dissimilar lo the foregoing. not wilhin the reasonable conbol of suth Owner, (the "Foree Maimre Evenf'). Such Owner shall provide notice IO lbe other Owner(s) within five (S) business days tonowing the onset of the Poree Majeure Event, specifying the ea11se which prevents such Owner's perfonnsncc: and estimating the period or exp<cted delay. f51917405v2 13 20131001000418014 17. MISCELLANEOUS. A. ~ If any provision of this Asreement or the application thereof to any person or circumstances aball, to any exteflt, be held invalid. inopcmtivc or unenforoeable,, dte teDWndcr of dH5 Agrccmcrrt. or lhe application of sueh provision, to any oOler person or circumstam:e shall not be affecled 1heiebyj the remainder of this Apemcnt shall be given effcet as if such invalid or inoperative portion had not bceo included. B. AppljqahJe 1.pw. This Agreement shaU be construed ill accordance wilh the laws of the state of Washington. C. No Partnership 9t Joipt Vgnb.ln;. Nothing in lhi8 Agreement shall be eonslnled to make the Parties bueto partner& or joint Vcn&uronl or Roder any of &aid Parties liable for the debts or obligations of1hc olhen. D. ~. All noticca, approvals. consents or req11est1 given or made pursuant lo this Agriement shall be made in writing and 11hall be deemed given upon receipt by personal delivery; or United States certified mail, return receipt requi,stcd. with postage prepaid; or one (1) day after deposit with a recognized overnight carricrt charges prepaid. NotiQCS shall be addressed aa follows until I new address for notices shall be designated by notice in the manner provided in this pamgraph lo all other Owncm: lflDMM: with a copy to: #51987405v2 Maillet•Muir Asaoeiates Attn: John W. Maillet 12819 Sil 38111 Street. #32S Bellevue, WA 98006 Phone: (206) 369-2082 Fax: (42S) 641-SI 12 Joshua D. Sundt, Esq. Sound Legal Center P0Box3737 La"'}', WA 98S09 Phonc: (360) .513-3338 Fax: (888) 817-2910 " lftoTYC: With a copy to! lftoCVS: with a copy to: TVC Renton Co. WA, L.L.C. 5757 West Maple Road Suito800 Wert Bloomfield, Michipn 48322 AHn.:StevenSi1k Phnne: (248) 539.7997 John D. Gaber, Esquire. Williams et. al, P.C. 380 North Old Woodward Avenue, Suite 300 Birmingham, Mi-.bigan 48009 Phnne: (248) 64Z--0333 Fax: (248) 64Z--0856 And TVC R-nCo. WA, !.L.C. 57S7 West Maple Road. Suite 800 West Bloomfield,, Mfohipn 48322 Altn.: Stephen 1. Bock, !!squin: Washington CVS Pharmacy, L.L.C. o/o CVS Cu""1Arlt Cnrpon,tion On11CVSI>riw Woon,ncla,~ RI 02195 Attn: Property Administration. Store No. 10285 Hinckley, Allen & Snydc, LLP 50KennedyPlaza, Slrito 1500 Providence, RI 02903 Attn: David I. Lough, Esquire. Phone: (401) 457-5198 Fax: (401) 277-9600 E. ~ Wherever herein the singular nwnbcr is used, the same shall include the plural, and the masculine gender shall in<:lude 1ho feminine and neuter genders. and vice versa, as lhc context shall require. The section headings used herein are for refcrcn.ce and convenience only, lllld shalt not enter into 1hc inlerpmttion hem>f. Thia Agreement ffll)' be executed in several counterparts. each of which shall be an original, but all of which shall constituto one and the same in!llrument #!i l937405 v1 " 20131001000418016 F. Egtjr; Agmement This Apcmcnt and the Exhibits altaaled herero set forth the entire agreement between the Parties governing Ote: Dcvdopmcnt. Then:: uc no statements, promises. repMSmtatiOllB or undcmalldinga. oral or written, not herein expressed. [REMA]NDER OF PAGE INTENTIONALLY LEFT BLANK] #S198740S v2 16 IN WITNESS WHEREOF. the parties have gccutcd this Agreement lhc: day and year first wriltcn above. STATEOFWASHINOTON COUNTY OF KINO MAILLET•MUIR ASSOCIATES, a Washington general partnership @~# itle: Managing Partner @er&H#m. J14w, Name: Donald M. Muir Tide: Mon,gins Partner ss. I certify thal I know or have satisfadol)' evidence that JOHN W. MAILLET is the person who appelffli before me, and Aid penon acb,owlcdgcd that he signed this instrument. on oath stated he was au.lhorizcd to cucute the instnJmffl.t and Kknowledged it as a managing partner of MAILLET•MUIR ASSOCIATES, a Wa,hinalon ~ partncrshlp, to be the free and voluntary ad. of such party for th8 uses and purposes mentioned in this instnuncnt. NOW)'Pullk St111rg!W1sllln;ton CHAISllAN!SPfEPfR Mr AppDlntaien1 ExpJm Marz. 2015 20131001000418.018 ,I, ) . ss. STATEOFW~ON ) COUNn'O ~ l c:crtify lhat I know or have satisfadory evidence that DONALD M. MUIR is the pcnon who appcand before me, and said person acknowlodgcd that he signed this instrumcnl, on oath Slud he WU aulboriiod lo execute the inscrwncnt and aclmowledgcd it as I managing partner of MAII.LET'MUIR ASSOCIATES, a Washington general partnership, to be lhc &ce and voluntary act of such pany for the uses aod purposes mentioned in this instnlmel'IL 111.51911405 v2 18 20131001000418019 IN WITNESS WHEREOF, lhe parties have executed this Agreement lhl!l day and year firsc written above. ST A TE OF MICHIGAN COUNTY OF OAKLAND I cenify that I know or have satisfactory evidence that StcVCn Silk is lhe persoo who appeared be(orc me, and said person acknowledged tha1 he signed this instrumenc, on oath stated he was authorized to execute the ins1rument and acknowledged it as the Manager ofTVC Renton Co. WA, L.L.C., a Michigan limited liability company, to be the free and voluntal)' act of such party for the uses and purposes mentioned in 1his instrumeni. Oiven under my hand and official seal this the lfll' 198740, (Signature Page) 20131D010C041.S020 fN WITIJESS WHEREOF, the parties have executed this Agreement 1he day and year first written above. CVS LEGAi APPROVAf: Hinckley, Allen & Snyder LLP David I. Lough, Esq. In on lhis _ day of , 20I3, before me personally appeared Person], [Title) of Washington CVS PhlllTTlacy, L.L.C., a Washing1on h ·1ed liabill:3 company, who proved to me lhrough f:~::; ;e~:~~r ~~~;:i:~=~t: ~g h ;~ or tJh:=t~c~=~~!i;1~;'~~:~:; to be the party exeeuting 1hc foregoing in$tru and he/she acknowledged said instrumenc, by himlhc:r exe<:Uted to be his/her free acl and deed, • er frc:e act and deed in said capacity and 1he free act and deed of Washington CVS Pharmacy, .C. #5193740S(Sig.MturePage) 20131001000418021 ,;1':'lff15ll7t1;l1 who pnM!dlome<Wllhe-ol-~evldenc:elo be lhe_.(s)whooename(s) ls/are subsaibed lo the wllhln Instrument and acknowlec!ged lo me that he/alleAhey exeeul<d the same In--· •utnoitz,ad capaclly(las), and that by hl-lthelr lllgna1in(s) on the lnstMnenttheponon(s),orlhilentilyuponbehalralwhlchtheponan(s)acted,exacutedthe Instrument I oertily under PENAL TY OF PERJURY under the laws of the state of California that the foregoing paragraph is 1Neand....-t-::a,;;~-- ---------OP110NAI.INFORMAT10N --------- :(Hllc•r."1'•tl!l.~1;onm1.'lis !'!~~~r.~~?:l.-e:f!:-,1.-a·!. /l.:::n.·.~.~ .. emi,ei~l!.~t@1'!:r.-Di!!r.c··o.,!i:1.;l;:,;e1t!=! lh:$ ,~'cn:i:;,,tid:,,,is,,1 :O.er.una:.1,),:W~dX'llfltf11/ t:tflmr_; prou:, :,s,M~ ,;ms::1s ,a:y/!19 on r., a/fso:,,'lo;fdocr.•r.W1!. · Deocription of Allac:hed Document 'The precedingCeltiti::ld1ofAdlnowledpllniaaltadlecltoa dacumenlliUedlrcrlheJQJIMl!lof _____ _ mntarn.g_smgn. and dated _____ _ Theslgner(a)c:epadty•8UltlmflyiSl'llre• 0-) D-o.._-., ____ ~~---:...,,) o- DPlltm-~ 0-) o------------- -~.__,,-,-•• -----.--.,-,&c".,"',•"'"•·=.,-,.,,._.,,,,..,,,.="""'"--, - ...._ _____ .,___,tllllllli!n:B. Qlllffllla)lllf .......... 0 ...... ~B) ................. ....,....,.._ ...... _e., .. _ -------- o,......._.a.....,~ D--------- 20131001000418~2 EXBIIIITA (Legal Dacrlp6on of~e MM Tract) Lot C, King County Boundaay Line Adjustment Number S91L0069, Recorded Under R.ccording Numl= 9014261602, in King County, Washingmn. #S191740S 20131001000418.023 r.,,..fi'I. 110•ao•8fH EXHIBITB (SltePlau) ' .....____ sE CARR ROAD ':::::::,.._:~_c::-_-,... ___ ------ NIFE&8'Ei:naal EASSoENr 'JO-BEU.&18 ,\OJACl!NT"- WU,9' PETAL l'tW'MMJ'I' atCIAT PLAT #51987405 SITTS& HILL ENGINEERS, INC. CNIL • !i"TRUCTUR.41. • $Ult'IIEYINC '481$ CDf'1ER STRE£T TACOMA. WA. 111409 PHONE: (:t53l 4-74-9448 20131001000418.024 EXHIIIITC (Legal DescrlptloP oftlae TVC Tract) THAT PORTION OF LOT A, KING COUNTY BOUNDARY IJNEADJUSTMENT NUMBER S91UI069,RECORDED UNDER RECORDING NUMBER 9104261602, IN KING COUNTY, WASHINGTON, LYING SOUTH OF THI! FOLLOWING DESCRIBED LINE: COMMENCING AT TIIB NORTIIWEST CORNER OF SAID LOT A:, THBNCE SOUTH Ot•4S'I.S" WEST, Al.ONO ll!EWBSTLINEOF SAID LOT A, A DISTANCE OP 193.22 FEET TO THE POINT OF BEOINNINO; THENCE NORTH 87'13'56" EAST,346.91 Fl!ETTOTHEBASTLINEOFSAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. #5"1Sl8740S 20131001000418025 EXRIB1TD (Legal Deserlptloo of Che TVC Euess Par<d) THAT PORTION OF LOT A, KING COUNTY BOUNDARY LlNll ADJUSTMENT NUMBERS91L0069,Rl!CORDEDUNDERRl!CORDINGNUMBER9!04261602,!NKING COUNTY, WASHINGTON, LYING NORlH OF 1HB FOLLOWING DBSCRIBl!D LlNB: COMMENCING AT 1llE NORlHWBST CORNER OF SAID WT A; TIIENCB SOUlH 0l 04S'l5"WEST, ALONG 1llE WBSTL!NB OF SAID LOT A,A DISTANCE OF 193.22 FEET TO 1llE POINT OF BEGINNING; TIIENCB NORTH 87°13'S6" EAST, 346.91 FEET TO THE EAST LINE OF SAID WT A AND THE TERMINUS OF TIUS DBSCRIBED LINE. J5198740S 20131001000413.026 EXHIJIITE (Legal Description of tbe TVC Tract Acnss Euement Aru) THE WEST 24.00 FEET OF lOT A. KING COONTY BOU<DARY UNEADJUSTMEIIT NUMeER S91LDDGt. RECORDED UNDER REOORDING NLMIER 9104261602, IN KING COUNTY, WASHINGTON, LYING SOUTI1 OF nEFOU.OWING DESCRIBED UNE: COMMENCING AT THE NORTlfNEST CORNER OF SAID lOT A:. THENCE SOUTH 01•45'15"WEST, ALONG THE WEST LINE OF SAID LOT A. A DlSTANCE OF 193.22 FEET TO THE POlNT OF BEGINNING; THENCE NORTH 8M3'56"' EAST, 346.91 FEET TO THI; EAST LINE OF SAfO LOT A ANO THE TERMINUS OF THIS DESCRIBED LINE. 111.519874(15 20131001000418027 I l5l9B740S EXBJBITI' (Plan Showlos tbe TVC lbcm Parcel Acass Eastmeat Area) F,.N. 12•,-off1tfa• LOJ' A. 80UMJAIIY LIIIE AO.nRJrMBl'r ..... tee.I ~~--se_~-~R~----- 20131001Cl0041S.028 a•.,,.• EXHIBITG (Legal Description oftbe TVC Eictss Parcel Access Ea&emeot Area) THE WEST 26.00 FEET OF THE SOUTH 28.00 FEET OF THE fOLLOlMNG DESmlBED PROPfRlY, THAT PORTION OF LOT A. KING COUNTY BOUNDARY UNE ADJUSTMENT NUMBER S91l.0069. RECORDED UNDER RECORDSNG NJMBER 9104261602. IN KJNG COUNTY, WASHINGTON, LYING NORTH CF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER Of SAID LOT k, THENCE SOUTH Or45'15' WEST, Al.ONG THEWeS"f LINE Of SAID LOT A, A DISTANCE OF 193.22 FEET TO THE POINTOF BEGINNING; lHENCf NORTH 8?-13"56" EAST, 346.91 FEET TO THE EAST L1Nc. OF SAID LOT A AND TI-IETERMINUS OF THS DESCRIBED LINE. #Sl9S740S 20131001000418.029 EXIIDIITB (Plan Showing Ole MM Tract Access 'Easemeat Area) IIIOIE89/l!Qlle- 10 IIBGFII' fEl'AL -·-\IEIJIERJEl'M. ~ alOfff !It.AT #$1987405 • NOIIIH SITTS&HILL ENGINEERS, INC. T.11'.fM.- ae..a•IPM§ Cl'wll.. • STRUCTURA • 51.M\IF;"l'INC '4a15 CDl1Elt Sl1UET 'TACOMA, WA. HCOt PHONE: 2$3 474-94+9 20131001000418030 --·· .. -.. EXRill1TI (Legal Description of the MM Tnct Accen Easunent Ana) THE SOU1tl 24.W FEET OF LOT C, l<lNG COlMY BOUNDARY UNEADJUSTMENT NUMBERS911..00&9. RECORDED UNDER RECORDING NUMBER 9104261602, lN l<lNG COUNTY, WASHINGTON. #S191740S 20131001000418031 STATE OF W..\SHJXGTOX} CoumyofK.iog The Direc1orofRt'<'ord,i & Ll<-Pn,:;ini. King Coun1y. StRtf' of \\' a.shiogton and e:roffiC'io Rt"C:Ol'tllPr of DN'tl:i and 01he1• mstrumPnt~. do hen>lir t'ert i(\· tllf' fore~olng co11~-hn~ be,pn compared with the oni:-inal in~u11mem iv, 1lte sa1nP nppear.s on file and of record in 1hP uffkc> lllld that lbE" !'lUUE' i,; R true ,, ~I ,a,~,,, Hml 11erfec1 1r11nsi:-n111 of ;;aid oriii11al aml ofthP wholP thE'a'f'Uf. ,,,g0 ~:.~ .-!~·~"-'_. ~~irness !P:11~t~n~OI3fal ~r;~ thi.~ __ da~· l'e~·--Y\~f[··.~~\ ~~:· ~~:'f·j :~t '"!. •• King Co11ritti ; ~ ~ • •. 2,11 .•· ;-: ',.,_t-f.iH;~;o~\\~ . ... l'fl:J~III; Diret1or of RL•t'ords & Lkensi11g .,:t. ~ ""'l;,,.,,.,. . . . Leroy U1i10W1Ck 20131001000418032 .. ~. ... CONSENT AND SUBORDINATION OF THE PRIVATE BANK AND TRUST COMPANY 20131001000418,033 THE PRIVATEBANK AND TRUST COMPANY, an Illinois state chartered bank ("Bank"), hereby consents to that certain Reciprocal Easement Agreement between MAILLET•MUIR ASSOCIATES, a Washington general partnership, TVC RENTON CO. WA, L.L.C., a Michigan limited liability company ("TVC") and WASHINGTON CVS PHARMACY, L.L.C., a Washington limited liability company, dated September 13, 2013, and recorded in Instrument No. 20130913002675, King County, Washington ("REA"), and subordinates that certain Construction Deed of Trust granted by TVC to Bank, dated September 13, 2013, and recorded in Instrument No. 20130913002677, King County, Washington ("Deed of Trust") against the real property legally described in the Deed of Trust, to the REA. THE PRJV ATEBANK AND TRUST COMPANY, ~ymig~z:bank Nam; i-r-'~~ ~"""'fi/,,/4,_ Its: A,,,,oc ,-J.._ M"''il')' V,-,.j,/ STATE OF MICHIGAN ) )ss. COUNTY OF OAKLAND ) The foregoing instrumen was cknowledged before m~s~4fn<IJl::Septem!Jei:, 2013, -~[.J..Lr.LJ.._.c.~mt:'.=3!"1-<CLUW... __ ___, the ~itiJe. lUatt/{JI 112...b.raf,yof D TRUST COMPANY, an Illinois state chartered bank, on'iieiraif of the ~ 64 /c /Cl _ C9JU1ty, MI Acting in cx::<..E~ County, MI My Commission Expires: /( · 2. I · 20 ( 'f: 831271 KG'.!tp. ~~E:::M~ --if._ 2o L 30q [ 3cO z_C,, 7 '5 20130913002675.001 • • WHEN RECORDED RETURN TO: BEN DORER TVC RENTON CO. WA, L.L.C. 5757 WEST MAPLE RD, SUITE 800 WEST BLOOMFIELD, MI 48322 1111111111111111111 20130913002675 == iJTLf 1 EAS 112.N 18/13/Dl3 Ta: 18 KING COIIITY, UA EXCISE TAX NOT REQUIRED ~am~-Depu1y · • CHICAGO TITLE INSURANCE COMPANY DOCUMENT TITLE(sl 1 RECIPROCAL EASEMENT AGREEMENT 2 3 4 OrderNumber: 001340943-C. ;,I~~ REFERENCE NUMBER(s) OF DOCUMENT ASSIGNED OR RELEASED: D Additional reference numbers on page __ of GRANTOR(s): 1 MAILLET*MUIR ASSOCIATES 2 TVC RENTON CO. WA, L.L.C. 3 WASHINGTON CVS PHARMACY , L . L . C . c:I Additional names on page ___ of document GRANTEE(s): 1 MAILLET*MUIR ASSOCIATES 2 TVC RENTON CO. WA, L.L.C. 3 WASHINGTON CVS PHARMACY, L L. C. CJ Additional names on page --of document ABBREVIATED LEGAL DESCRIPTION: Lot-Unit: A & c Block: Volume: Page: document Section: 29 Township: 23N Range: osE Portion: PTN SE 1/4 OF SW 1/4 Plat Name: KING COUNTY BLA S91L0069 (#9104261602) foiJ Complete legal description is on page 23-31 of document. ASSESSOR'S PROPERTY TAX PARCE~ ACCOUNT NUMBER(s): 292305-9125-06 292305-9042-06 Additional Tax Accounts are on page __ of document Note: This cover sheet is prepared to conform to the requirements of Chapter 143, Laws of 1996. Nothing on this sheet alters the names, legal description or other information In the attached document. The only purpose of this cover sheet Is to assist the auditor in indexing the document In conformance with statute. The Recorder will rely on the Information rrovlded on this form. The stall will not read the document to verify the accuracy or completeness o the Indexing Information provided herein. =•tRDAfOOnm !RECIPROCAL EASEMENT AGREEMEN] T!IlS RECIPROCAL EASEMENT AGREEMENT (this "Agreement") is made as of the 1..3L day of 21,,...,-, 2013 by and between Maillet*Muir Associates, a Washington general partneip("Maillet•Muir"), TVC Renton Co. WA, LLC., a Michigan limited liability company ('']YQ'), and Washington CVS Pharmacy, L.L.C., a Washington limited liability company ("CVS") (Maillet•Muir, 1VC and CVS are referred to herein collectively as the "Parties" and individually as a "£!!:!y"). WITNESSETH: WHEREAS, Maillet*Muir is the Owner (as hereinafter defined) of a tract of land consisting of approximately 1.76+/-acres located on SE 174th Street in the municipality of Renton, King County, State of Washington (the "MM Tract''), as legally described on Exhibit A attached hereto, and depicted and labeled as the "Seller's Adjacent Property" on the plan attached here to as Exhibit B (the "Site Plan"), both exluoits being hereby inco!J)Orated by reference herein; and WHEREAS, 1VC is the Owner of a certain tract ofland consisting ofapproximately 1.67 +/-acres located adjacent to the MM Tract in the same intersection, as shown and depicted as the "Retail Pharmacy Parcel" on the Site Plan shown on Exhibit B and legally descnoed on Exhibit s;; attached hereto and incorporated by reference herein (the "TVC Tract''); and WHEREAS, TVC is also the Owner of a certain tract of land consisting of approximately 1.1 +I-acres located adjacent to the TVC Tract and MM Tract in the same intersection, as shown and depicted as the "Excess Parcel'' on the Site Plan and legally described on Exhibit D attached hereto and incorporated by reference herein (the ''TVC Excess Parcel") (the MM Tract, the TVC Tract and the 1VC Excess Parcel are referred to herein collectively as the "Tracts" and individually as a ''Im!1!''); and WHEREAS, TVC is planning to construct a building on the 1VC Tract for the operation of a retail pharmacy with a drive through, and related uses (the "TVC Building"), together with adjacent paved parking and driveway areas; WHEREAS, CVS is planning to lease the TVC Tract from 1VC (the "CVS Lease"), whereby CVS shall be the tenant and 1VC shall be the landlord, and CVS shall have the right to operate a retail pharmacy with a drive through on said property; and #51987405 v2 (Reciprocal Easement Agreement) 20130913002675.002 WHEREAS, the Parties desire that the TVC Tract, the TVC Excess Parcel and the MM Tract (hereinafter sometimes referred lo collectively as the "Development'') be subject to certain easements, rights, and restrictions as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises, easements, restrictions and encumbrances contained herein, and Ten Dollars ($10.00) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. DEFINITIONS. A. !h!!!!J:: "Owner" shall mean the record owner from time lo time (whether one or more persons) of title lo any Tract, or portion thereof, but excluding those holding security interests for the performance of an obligation. Notwithstanding the foregoing, in the event an entire Tract is ground leased or otherwise leased for a term of at least twenty (20) years, the ground lessee or lessee shall be deemed the Owner in lieu of such record owner. Notwithstanding anything contained herein to the contrary: (i) CVS, as tenant under the CVS Lease, shalt have the right but not the obligation to enforce the terms contained in this Agreement and (ii) this Agreement is not intended to and shall not be construed to alter any of the terms of the CVS Lease. B. TVC Tract Access Easement Area: "TVC Tract Access Easement Area" shall mean the areas of the TVC Tract shown as "Proposed Ingress/Egress Easement Over Retail Pharmacy Parcel To Benefit Seller's Adjacent Property" on the Site Plan shown on Exhibit B, and legally described on Exhibit E attached hereto and incorporated by reference herein. C. TVC Excess Parcel Access Easement Area: ''TVC Excess Parcel Access Easement Area" shall niean the areas of the TVC Excess Parcel shown as "Proposed Ingress/Egress Easement Over Excess Parcel To Benefit Seller's Adjacent Property" on the plan attached hereto as Exhibit F, and legally described on Exhibit G attached hereto and incorporated by reference herein. D. MM Tract Access Easement Area: ''MM Tract Access Easement Area" shall mean the areas of the MM Tract shown as "Proposed Ingress/Egress Easement Over Seller's Adjacent Property To Benefit Retail Pharmacy Parcel" on the plan attached hereto as Exhibit H. and legally described on Exhibit I attached hereto and incorporated hy reference herein. E. Access Facilities: "Access Facilities" shall mean all roadways, access drives. driveways, entrances, walkways. landscaped areas, curbing, curb cuts, lighting, markings, directional signs, pavement and any other structures or improvements used for access and located #51987405 v2 2 20130913002675.003 in the TVC Tract Access Easement Area, the TVC Excess Parcel Access Easement Area and the MM Tract Access Easement Area. F. Easement Areas: "Easement Areas" shall mean all areas of the Development on, over, under and across which easement rights have been granted pursuant to this Agreement, including the TVC Excess Parcel Access Easement Area and the MM Tract Access Easement Area. G. Easement Facilities. "Easement Facilities" means the Access Facilities. H. ~ "Laws" shall mean all laws, ordinances, requirements, orders, codes, directives, rules and regulations of the federal, state, county and municipal governments and of all other govenunental authorities affecting the Development or the appurtenances thereto or any part thereof whether the same are in force at the recording of this Agreement or in the future passed, enacted or directed. I. Tract: "Tract'' shall mean any parcel of land within the Development, legally existing on this date, and as created from time to time, together with the buildings and improvements located thereon, from time to time. 2. GRANT OF EASEMENTS. A. TVC Tract Access Easement: TVC, as the Owner of the TVC Tract, hereby grants to Maillet*Muir, as the Owner of the MM Tract, a permanent and non-exclusive right and easement for pedestrian and vehicular (both commercial and non--0ommercial) passage in, on, over and across the TVC Tract Access Easement Area, for the purpose of providing ingress to and egress from the MM Tract to SE Carr Road (the ''TVC Tract Access Easement''). The TVC Tract Access Easement shall be transferable with the MM Tract, and neither the TVC Tract Access Easement Area nor its points of connection with SE Carr Road shall be modified without the prior written consent of the Owner of the MM Tract and the current holder(s) of any mortgage or deed of trust upon the MM Tract, which such consent may be withheld for any reason, and in any such case the modified location must continue to provide adequate access to and from the MM Tract that is of substantially the same grade, width and visibility, and affords substantially the same convenience of access, as the former location. B. TVC Excess Parcel Access Easement: TVC, as the Owner of the TVC Excess Parcel, hereby grants to Maillet*Muir, as the Owner of the MM Tract, a permanent and non• exclusive right and easement for pedestrian and vehicular (both commercial and non- commercial) passage in, on, over and across the TVC Excess Parcel Access Easement Area, for the purpose of providing ingress to and egress from the MM Tract to the TVC Tract (the "TVC Excess Parcel Access Easement"). The TVC Excess Parcel Access Easement shall be #51987405 v2 20130913002675.004 transferable with the MM Tract, and neither the TVC Excess Parcel Access Easement Area nor its points of connection with TVC Tract shall be modified without the prior written consent of the Owner of the MM Tract and the current holder(s) of any mortgage or deed of trust upon the MM Tract, which such consent may be withheld for any reason, and in any such case the modified location must continue to provide adequate access to and from the MM Tract that is of substantially the same grade, width and visibility, and affilrds substantially the same convenience of access, as the former location. TVC, as the Owner of the TVC Excess Parcel, also hereby grants to the Owner of the TVC Tract, a permanent and non-exclusive right and easement for pedestrian and vehicular (both commercial and non-commercial) passage in, on, over and across the TVC Excess Parcel Access Easement for the purpose of providing ingress to and egress from the TVC Parcel to the MM Tract Access Easement (as hereinafter defined). The TVC Excess Parcel Access Easement shall be transferable with the TVC Tract, and neither the TVC Excess Parcel Access Easement Area ncr its points of connection with TVC Tract and the MM Tract Access Easement (as hereinafter defined) shall be modified without the prior written consent of the Owner of the TVC Tract and the current holder(s) of any mortgage or deed of trust upon the TVC Tract, which such consent may be withheld for any reason, and in any such case the modified location must continue to provide adequate access to and from the TVC Tract that is of substantially the same grade, width and visibility, and affords substantially the same convenience of access, as the former location. C. MM Tract Access Easement: Maillet•Muir, as the Owner of the MM Tract, hereby grants to TVC, as the Owner of the TVC Tract and the TVC Excess Parcel, a permanent and non-exclusive right and easement for pedestrian and vehicular (both commercial and non- commercial) passage in, on, over and across the MM Tract Access Easement Area, for the purpose of providing ingress to and egress from the TVC Tract and the TVC Excess Parcel to J 06th Place (the "MM Tract Access Easement''). The MM Tract Access Easement shall be transferable with the TVC Tract and the TVC Excess Parcel, and neither the MM Tract Access Easement Area nor its points of connection with I 06th Place shall be modified without the prior written consent of the Owner of the TVC Tract and the TVC Excess Parcel and the current holder(s) of any mortgage or deed of trust upon the TVC Tract and the TVC Excess Parcel, which such consent may be withheld for any reason, and in any such case the modified location must continue to provide adequate access to and from the TVC Tract and the TVC Excess Parcel that is of substantially the same grade, width and visibility, and affords substantially the same convenience of access, as the former location. Notwithstanding the foregoing, however, the owner of the MM Tract shall have the right, at its sole cost and expense, to relocate the MM Tract Access Easement Area and/or its points of connection with 106"' Place up to twenty-four (24) feet in a northerly direction without the prior written consent of the Owner of the TVC Tract or the TVC Excess Parcel, PROVIDED that such modified location: has been approved by the applicable municipal, state or county authorities, #51987405 v2 4 20130913002675.005 continues to provide adequate access to and from the TVC Tract and the TVC Excess Parcel that is substantially of the same grade, width and visibility, and affords substantially the same convenience of access as the former location, and PROVIDED FURTIIER that access to and from the TVC Tract and the TVC Excess Parcel is not impaired or impeded during the process of relocating the MM Tract Access Area and such relocation is memorialized and in recordable form in an access easement agreement or modification of the existing access agreement of record in form and substance reasonably satisfactory to the Owner of the TVC Tract and the TVC Excess Parcel and their respective title insurance company representatives. If the Owner of the MM Tract elects to move the MM Tract Access Easement Area pursuant to this provision, then that Owner shall provide to the Owner of the TVC Tract and the TVC Excess Parcel written notice at least 30 days before relocating the MM Tract Access Area. For purposes of providing notice, the Owner of the MM Tract shall send notice to the TVC address set forth in this Agreement with respect to the TVC Tract and shall send notice to the TVC address set forth in this Agreement with respect to the TVC Excess Parcel, or if a new address is provided in writing by the Owner of the TVC Tract or the TVC Excess Parcel, then to such address. If no current address for the Owner of the TVC Tract or the TVC Excess Parcel has been provided to the Owner of the MM Tract, then the Owner of the MM Tract shall send notice to the then current Owner's address as reflected in the records of the King County Tax Assessor. D. Permitted Users. An Owner may grant the benefit of the easement(s) described in this Agreement to its tenants hereafter occupying any building or any portion thereof on its Tract, for the duration of such tenancy and to the agents, vendors, 1icensees, customers, employees and invitees of such Owner or tenant (collectively, the "Permitted Users"). Notwithstanding the foregoing, nothing in this Section 2(0) shall release an Owner from its obligations and responsibilities contained herein. E. Damage or Destruction by Owner. Any Owner (or such owner's Permitted Users) who disturbs or damages another Owner's Tract, or any portion thereof, in the exercise of any rights or obligations hereunder, shall, in a prompt and workmanlike manner, repair and restore such damage or disturbance as nearly as practicable lo the condition that existed prior to such damage or disturbance. Any grading which materially alters the flow of surface water to, or materially alters the drainage of, another Owner's Tract or the TVC Tract Access Easement Area, the TVC Excess Parcel Access Easement Area or the MM Tract Access Easement Area shall likewise be repaired and restored as nearly as practicable to the condition that existed prior to such grading. 3. PARKING AREAS. Nothing in this Agreement shall be construed or deemed to convey any rights to an Owner that would permit parking on another Owner's Tract. All future development of any other Tract, or any portion thereof, shall include the on-site construction of parking sufficient to #S1987405 v2 20130913002675.006 satisfy the demands of its intended use as well as Laws pertaining to parking areas and parking requirements. No easements or agreements related to parking areas shall be granted or entered into by the Owners to third parties, which may invoke the application of Laws requiring cross parking within the Development. 4. USE RESTRICTION. The MM Tract, or any land immediately adjacent to the TVC Tract or the TVC Excess Parcel or at the same intersection as the TVC Tract or the TVC Excess Parcel (whether accomplished directly by direct ownership or indirectly through the use of leases, cross- agreements or similar documents) to which Maillet•Muir (or any of its officers, directors, individual members, or partners) bolds or acquires title, shall not be leased or used for the pmpose of a retail health center; health and beauty aids store, a vitamin store, a dollar store, a photo processing facility, a greeting card and gift store; a candy store; convenience store; printing and/or mailing services, a pharmacy mail order facility, a drug store, and/or a pharmacy prescription department or for the sale of the following: (a) alcoholic beverages for off-premises consumption; (b) greeting cards and/or party goods; (c) photo printing or processing, including, without limitation, one-hour or less photo processing; (d) health and beauty aids; (e) vitamins and health supplements; or (f) pharmaceutical products requiring the services of a registered pharmacis~ including, a pharmacy mail order facility. As used herein, "Dollar Store" shall mean a "dollar store" or similar type store or any other variety store, general merchandise store, off-brand general merchandise store, discount variety store, "close-out'' store, or any similar operation such as, by way of example and not in limitation, stores such as "Fred's", ''Big Lots", "99 Cent Only", "Dollar Store", "Dollar General'', ''Family Dollar", "Maxway" or "Allied Stores". As used in this agreement: the term "phannacy prescription department'' shall include the dispensing of prescription drugs by physicians, dentists, other health care practitioners, or entities such as health maintenance organizations; a "drug store" shall mean a store which sells prescription drugs which are required by law to be dispensed by a licensed pharmacist; a "dollar store" shall mean any so-called "dollar store" or similar type of store or any other variety store, general merchandise store, off-brand merchandise store, discount variety store, '"c]ose-out'• store* or any similar operation. The restrictive covenants set forth herein shall not, however, restrict Maillet*Muir from allowing the premises on any such land to be used for commercial office space for medical, dental or other health professionals and, if so used, shall not restrict Maillet•Muir from allowing such medical, dental or other health professionals from selling, prescribing or dispensing vitamins, health aids, health supplements, pharmaceutical products, or medication as an ancillary part of the medical #51987405 v2 20130913002675.007 professional's practice, PROVIDED that such selling, prescription or dispensing does not constitute the primary business of the provider. Notwithstanding the characterization of the restrictive covenants descnbed herein as pennanent, the covenants shall automatically expire and be of no further effect if, for any period of five (5) full consecutive calendar years, no business or enteq,rise such as is described above exists or is operating on the TVC Tract. 5. PROIDBITED USES. Except as otherwise set forth herein, a Tract shall be used for those uses permitted under the Laws provided, however, that no part of the Development shall be used or occupied for the operation of any of the following: a cinema, video store or bookstore selling, renting, or exhibitiog primarily material of a pornographic or adult nature; a fireanns shooting range; or a gas station. 6. MAINTENANCE AND TAXES. A. Maintenance {I) General Standards. Each Owner shall be responsible for Maintenance, at its own cost, of its respective Tract in accordance with Laws and otherwise in a good, clean and sanitary order, free from infestation from insects, rodents, vermin and other pests and otherwise in a condition comparable to other "first-class" comm.ercial/retai] properties located in Renton, Washington. For purposes of this Section 6(A)(i), "Maintenance" includes {but is not limited to) sweeping, washing and removal of trash, litter and refuse, removal of snow and ice from pavement, parking areas and walkways, painting and striping of parking areas, repair and replacement of paving as necessary, repair and replacement of utilities and drainage exclusively serving such Tract, maintenance of landscaped areas (including replacement and replanting), and maintenance and repair of lighting, fixtures, signage, directional signs, lines and markers. Paved areas shall be maintained in a level, smooth and evenly-covered condition with the type of surfacing material originally installed or such substitute as shall be comparable in quality, use, and durability. Garbage, trash, rubbish and other refuse, will be stored in covered containers or compactors and removed at regular intervals, not less than weekly, at such Owner's expense. {2) Easement Maintenance. Notwithstanding anything to the contrary herein, the Owner of the TVC Tract shall be responsible, at its sole cost and expense, for the operation, Maintenance and repair of the TVC Tract Access Easement Area in the condition described in subparagraph 6(A)(l) above; the Owner of the TVC Excess Parcel shall be responsible, at its sole cost and expense, for the operation, Maintenance and #5 t 987405 v2 20130913002675.008 repair of the TVC Excess Parcel Access Easement Area in the condition descnbed in subparagraph 6(A)(l) above; and the Owner of the MM Tract shall be responsible, at its sole cost and expense, for the operation, Maintenance and repair of the MM Tract Access Easement Area in the condition described in subparagraph 6(A)(l) above. For purposes of this section 6(A)(2), ''Maintenance" shall mean, without limitation, the maintenance of the applicable Easement Facilities in a fully operational condition and in a condition comparable with other first class commercial/retail properties in the Renton, Washington area. With respect to maintenance of Access Facilities, the tenn "Maintenance" shall include, without limitation, sweeping, washing and removal of trash, litter and refuse, removal of snow and ice from pavement, painting and striping of any applicable areas, repair and replacement of paving as necessary, maintenance of any landscaped areas, and maintenance and repair of any lighting, fixtures, signage, directional signs, lines and markers, with paving being maintained in a level, smooth and evenly-covered condition with the type of surfucing material originally installed or such substitute as shall be comparable in quality, use, and durability. 7. CONSTRUCTION ACTMTIES. Construction activities perfonned on the Development, or any portions thereof: 8. (a) shall be perfonned in a good and workmanlike manner so as not to unreasonably disturb the operation of any business conducted upon any Tract, or interfere with the Owner or Pennitted Users of any Owner, and once commenced, such work will be diligently pursued to completion; and (b) any grading which materially alters the flow of surface water or materially modifies the grading or drainage of any of the Easement Areas or an adjoining Tract (as currently constructed) shall be repaired and restored as nearly as practicable to its prior existing condition in a prompt and workmanlike manner; and (c) once constructed, the Easement Areas, Easement Facilities, and any portion(s) thereof shall not be materially obstructed during the normal business hours of any Owner except as may be reasonably necessary to perform maintenance, repair and replacement or as may be reasonably necessary lo prevent the dedication of the Easement Areas or Easement Facilities to public use. INDEMNIFICATION/INSURANCE. A. Indemnification. Each Owner (the "Indemnifying Owner") shal1 indemnify and save harmless the other Owner(s) (the "Indemnified Owner") from and against any and all liabilities, damages, penalties or judgments, any and all actions, suits, proceedings, claims, #51987405 v2 20130913002675.009 demands, assessments, costs and expenses, including, without limitation, reasonable legal fees and expenses, incurred in enforcing this indemnity, arising from injury to pen;on or property sustained by anyone in and about the Indemnified Owner's Tract resulting from any act or omission of the Indemnifying Owner or its Permitted Users. The Indemnifying Owner shall, at its own cost and expense, defend any and all suits or actions, just or unjust, which may be brought against the Indemnified Owner or in which the Indemnified Owner may be impleaded with others upon any such above-mentioned matter, claim or claims, except for those arising from the affirmative acts, omissions, bad faith or negligence of the Indemnified Owner or the affirmative acts, omissions, bad faith or negligence of the Indemnified Owner's Permitted Users. B. Insurance. ( 1) Each Owner at its own expense shalt be required to procure and maintain in full force and effect a policy or policies of commercial general liability insurance against any liability or claim for personal liability, wrongful death, property damage or liability for which such party is responsible under this Agreement or under the Laws, with financially responsible insurers authorized to transact business in the State of Washington with a commercially reasonable combined single limit of not less than $1,000,000.00 per occurrence (such amount to be increased over time so as to maintain comparable coverage amounts as dollar values erode with inflation or if reasonably required under then-prevailing industry standards for retail shopping centers). (2) Policies of insurance required under this paragraph shall name the other Owner(s) (and their mortgagees and/or lessors, if required) as additional named insureds. Each Owner shall provide the other Owner(s) with certificates of such insurance from time to time upon written request to evidence that such insurance is in force. Such insurance policies shall provide an obligation requiring the insurer to provide thirty (30) days written notice to the other Owner(s) and additional named insureds prior to cancellation or termination of the policy (10 days in the case of non-payment). (3) An Owner or its parent or affiliated entity having a net worth of One Hundred Million Dollars ($100,000,000) or more, or a market capitalization of One Billion Dollars ($1,000,000,000) or more, may self-insure the obligations under this Section 8. Should an Owner elect to self-insure, such Owner shall, upon written request by another Owner, provide current audited financial statements (including a balance sheet). 9. EMINENT DOMAIN. A. Owner's Right to Award. In the event of the exercise of eminent domain or transfer in lieu thereof of a Tract or any portion thereof (whether or not such taking includes any #51987405 v2 20130913002675.010 Easement Areas, Easement Facilities, or any portion(s) thereof)(the "Condemned Tract''), the award attributable to the Condemned Tract shall be payable only to the Owner thereof. No other Owner shall have an interest in any award or payment made in connection with the exercise of eminent domain or transfer in lieu thereof of the Condemned Tract, provided, however, that the other Owner(s) may file collateral claims with the condemning authority for their losses and may receive payment if awarded separately and apart from the award made to the Owner of the Condemned Tract, including any separate award for substantial impairment to the benefits hereunder such as parking, signage, or access. B. Restoration of Access Easement Facilities. If the 1VC Tract Access Easement Area, the 1VC Excess Parcel Easement Area and/or the MM Tract Access Easement Area, or any portions thereof, are so condemned or transferred, the Owner of the applicable Tract shall promptly repair and restore the remaining portion of the affected Easement Area(s) as nearly as practicable to the condition which existed immediately prior to such condemnation or transfer to the extent that the entire proceeds of such award are sufficient to pay the cost of such restoration and repair and without contribution from the other Owners. Notwithstanding the foregoing, in the event that the proceeds of such an award are insufficient to pay the cost of the restoration and repair of the affected Easement Area(s), the other Owners may, at its sole and absolute discretion, contribute any additional amounts necessary to restore and repair the Easement Facilities, as contemplated herein. IO. RIGHTS OF MORTGAGEES. No provision of this Agreement shall in any way defeat or render invalid the lien of any mortgage or other security instrument entered into in good faith and for valuable consideration, whether presently in existence or hereafter recorded against any part of the Development, but any such lien shall be subordinate and subject to the provisions of this Agreement but not to any liens created by this Agreement; provided, however, that if any portion of the Development is purchased in connection with a foreclosure of such mortgage or security instrument or is conveyed to the party so secured in lieu of foreclosure, any person so acquiring or purchasing and his successors and assigns shall hold any and all real property so purchased or acquired subject to the provisions of this Agreement. The Parties shall, upon written request, undertake best efforts to obtain, within ten (IO) business days, an agreement from the existing holders of such mortgage or other security instrument on their respective Tracts subordinating the terms thereof to the terms of this Agreement. 11. BINDING EFFECT. A. Covenants Run Wjth Land. This Agreement shall be perpetual in nature, shall run with the land and shall benefit and be binding upon the Owners, their heirs, administrators, representatives, successors and assigns. This Agreement shall be recorded with the King County #Sl98740S v2 10 20130913002675 011 Recorder's Office. Any transferee of any Tract, or any part thereof, shall automatically be deemed, by acceptance of a deed, a leasehold interest satisfying the conditions set forth in Section l(A) above, or any ownership interest in and to a Tract, or portion thereof, to have assumed all obligations set forth herein, and to have agreed to comply with the provisions hereof. The transferor of any such Tract shall, upon the completion of the transfer, be relieved of all liability hereunder except that which arose during the transferor's period of ownership and which remains unsatisfied on the date transfer. B. No Dedication to Public: No Implied Easements. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of any Tract to the general public or for any public use or purpose whatsoever, it being the intention of the parties hereto that this Agreement be for the exclusive benefit of the Owners and the Permitted Users and that nothing herein, express or implied, shall confer upon any person, other than the Owners and their heirs, administrators, legal representatives, successors and assigns, any rights or remedies under or by reason of this Agreement. No easements, except those expressly set forth herein shall be implied by this Agreement. C. No Waiver. No delay or omission of an Owner in the exercise of any right accruing upon default by another Owner shall impair any such right or be construed to be a waiver thereof. A waiver on one occasion by an Owner of a breach or a default of any of the terms and conditions of this Agreement by another Owner shall not be construed to be a waiver of subsequent breaches or defaults or of any other provisions hereof. 12. REMEDIBS AND ENFORCEMENT. A. All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by an Owner of a Tract and/or its Permitted Users (collectively, jointly and severally, the "Defaulting Owner'') of any of the terms, covenants, restrictions or conditions hereof, the other Owner(s) shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach from the Defaulting Owner. B. ~-In addition to all other remedies available at law or in equity, upon the failure of a Defaulting Owner to cure a breach of this Agreement within thirty (30) days following written notice thereof by an Owner or its tenants (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the Defaulting Owner commences such cure within such 30-day period and thereafter diligently pursues such cure to completion), any Owner or its tenants shall have the right to perform such obligations contained in this Agreement on behalf of such Defaulting Owner and be reimbursed by such Defaulting Owner upon demand for the reasonable costs thereof together with interest at the Prime Rate charged from time to time by Bank of America (its successors or assigns) as #5191!7405 v2 11 20130913002675.012 published in the Wall Street Journal plus three percent (3%) per annum (not to exceed the maximum rate of interest allowed by Jaw). Notwithstanding the foregoing, in the event of (i) an emergency (e.g. the failure to timely remove snow, ice, fallen trees, disabled vehicles or other obstructions which impair the use of the Access Easement Area), (ii) material impairment of the easement rights, and/or (iii) the unauthorized parking of vehicles on a Tract, an Owner or its tenants may immediately cure the same, without notice, and be reimbursed by the Defaulting Owner upon demand for the reasonable cost thereof together with interest at the Prime Rate, plus three percent (3%), as above described. In the event the Defaulting Owner fails to pay or reimburse another Owner for any sums due and owing under this Section 12 within thirty (30) days of demand from such Owner (the "Delinquent Payment''), the amount of such Delinquent Payment shall automatically become a lien upon the Delinquent Owner's Tract, which such lien shall be enforced (with interest at the rate set forth herein) in the same manner as a mortgage. Such lien shall automatically attach and take effect upon the recording of a claim of lien in the appropriate recording office in King County, Washington setting forth the name of the Defaulting Owner, the amount of the Delinquent Payment, the date of the non-payment, a description of the tract or portion thereof to which the lien shall attach, and a statement that the lien is claimed pursuant to the provisions of this Agreement. C. Attorneys' Fees. In any legal or equitable proceeding to detennine the rights of the Owners to enforce or restrain the breach of this Agreement, the losing party or parties, as detennined by the court, hearing officer, other tn"bunal, or arbiter utilized for this purpose, shall pay the reasonable attorneys' fees, legal costs and expenses of the prevailing party or parties. D. Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. E. No Termination for Breach. Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner to cancel, rescind, or otherwise terminate this Agreement 13. ESTOPPEL CERTIFICATE. Each Owner, within fifteen (15) business days of written request from another Owner, shall execute, acknowledge and deliver an estoppel certificate, in a mutually acceptable fonn, certifying to such requesting Owner or any prospective purchaser, assignee, lessee or mortgagee designated by such requesting Owner, without charge, that: (a) this Agreement is in full force and effect, without modification (or if there have been modifications, identifying the modifications); (b) there are no existing defaults nor does any set of facts exist which with the passage of time or the giving of notice or both would constitute a default (or if so, specifying the nature and extent thereof); ( c) there exist no disputes relative to amounts payable by or to such Owner or any unpaid expenses (or ifso, setting forth the nature and amount of the dispute); and (d) such other #51987405 v2 12 20130913002675.013 infonnation coru:eming the status of this Agreement or the perfonnance of the Owners of their respective obligations hereunder as may be reasonably requested. 14. DURATION. Unless otherwise canceled or tenninated, all of the easements and rights granted in this Agreement, and the obligations herein ( except as otherwise provided herein), shall continue in perpetuity; provided, however, that if any term or provision hereof would otherwise be unlawful and void or voidable for violation of the rule against perpetuities or any other common law or statutory rule pertaining to the duration of such easements and rights, then such tenn or provision shall be effective only until the date which is twenty-one (21) years after the death of the last surviving descendant, currently living, of the fonner Presidents of the United States alive on the date of this Agreement. The restrictions set forth in Sections 4 and 5 shall continue in perpetuity; provided, however, that if such duration would violate any common law or statutory rule pertaining to the duration of restrictions, then such restrictions shall be limited to the shorter of (a) thirty (30) years, and (b) the longest period allowed by law. If the filing of any recorded extensions may prolong the duration of such restrictions, then such extensions shall be recorded at the appropriate time. 15. DOCUMENT MODIFICATION AND CANCELLATION. This Agreement (including exhibits) may be modified or canceled only by mutual agreement of all of the Owners as set forth in a written document and which shall be effective upon recording with the appropriate recording office. 16. FORCE MAJEURE. Any Owner shall be excused from perfonning any obligation or undertaking provided in this Agreernen~ except any obligation to pay any sums of money under the applicable provisions hereof, in the event that, and only for as long as, the perfonnance of any such obligation is prevented, delayed, retarded or hindered by Act of God, fire, earthquake, flood, explosion, extraordinary action of the elements, war, invasion, insurrection, terrorism, riot, mob violence, sabotage, inability to procure or general shortage of labor, equipment, facilities, materials or supplies in the open market, failure of transportation, strike, lockou~ action of labor unions, condemnation, requisition, Laws1 order of government or civil, military or naval authorities, or any other cause, whether similar or dissimilar to the foregoing, not within the reasonable control of such Owner, (the "Force Majeure Event"). Such Owner shall provide notice to the other Owner(s) within five (5) business days following the onset of the Force Majeure Even~ specifying the cause which prevents such Owner's perfonnance and estimating the period of expected delay. #51987405 v2 13 20130913002675.014 17. MISCELLANEOUS. A. Seyerability. If any provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be held invalid, inoperative or unenforceable, the remainder of this Agreement, or the application of such provision, to any other person or circumstance shall not be affected thereby; the remainder of this Agreement shall be given effect as if such invalid or inoperative portion had not been included. B. App)icable Law. This Agreement shall be construed in accordance with the laws of the state of Washington. C. No Partnership or Joint Venture. Nothing in this Agreement shall be construed to make the Parties hereto partners or joint venturers or render any of said Parties liable for the debts or obligations of the others. D. Notices. All notices, approvals, consents or requests given or made pursuant to this Agreement shall be made in writing and shall be deemed given upon receipt by personal delivery; or United States certified mail, return receipt requested, with postage prepaid; or one (I) day after deposit with a recognized overnight carrier, charges prepaid. Notices shall be addressed as follows until a new address for notices shall be designated by notice in the manner provided in this paragraph to all other Owners: IftoMM: with a copy to: #51987405 v2 Maillet*Muir Associates Attn: John W. Maillet 12819 SE 38th Street, #325 Bellevue, WA 98006 Phone: (206) 369-2082 Fax: (425) 641-5112 Joshua D. Sundt, Esq. Sound Legal Center PO Box3737 Lacey, WA 98S09 Phone: (360) 513-3338 Fax: (888) 817-2910 14 20130913002675.015 Ifto TVC: With a copy to: IftoCVS: with a copy to: TVC Renton Co. WA, L.L.C. 5757 West Maple Road Suite 800 West Bloomfield, Michigan 48322 Attn.: Steven Silk Phone: (248) 539-7997 John D. Gaber, Esquire. Williams et. al, P.C. 380 North Old Woodward Avenue, Suite 300 Birmingham, Michigan 48009 Phone: (248) 642-0333 Fax: (248) 642-0856 And TVC Renton Co. WA, L.L.C. 5757 West Maple Road, Suite 800 West Bloomfield, Michigan 48322 Attn.: Stephen J. Bock, Esquire Washington CVS Pharmacy, L.L.C. c/o CVS Caremark Corporation One CVS Drive Woonsocket, RI 02895 Attn: Property Administration, Store No. I 0285 Hinckley, Allen & Snyder LLP 50 Kennedy Plaza, Suite 1500 Providence, RI 02903 Attn: David I. Lough, Esquire. Phone: (401) 457-5198 Fax: (401) 277-9600 E. Interpretation. Wherever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders, and vice versa, as the context shall require. The section headings used herein are for reference and convenience only, and shall not enter into the interpretation hereof. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. #51987405 v2 15 20130913002675.016 F. Entire Agreement. This Agreement and the Exhibits attached hereto set forth the entire agreement between the Parties governing the Development. There are no statements, promises, representations or understandings, oral or written, not herein expressed. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] #51987405 v2 16 20130913002675.017 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. STA TE OF W ASH!NGTON COUNTY OF KING MAILLET*MUIR ASSOCIATES, a Washington general partnership @~-~ '/M:_ N -~~~let ::anaging Partner @By:&~JT. ~ Name: Donald M. Muir Title: Managing Partner ss. 20130913002675.018 I certify that I know or have satisfactory evidence that JOHN W. MAILLET is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated he was authorized lo execute the instrument and acknowledged it as a managing partner of MAILLET'MUIR ASSOCIATES, a Washington general partnership, to be the free and voluntary act of such party for the uses and pwposes mentioned in this instrument No!ary Public Stale of WashJngton CMRISTIANE S PIEPER My Appointment fxplres Mar 2. 2015 #51987405 (Signature Pose) I. 20130913002675.019 STATEOF:~N ) ) -ss. COUNTYO _ -M(Jj~ I certify that I know or have satisfactory evidence that DONALD M. MUIR is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated he was authorized to execute the instnunent and aclcnowledged it as a managing partner of MAILLET*MUIR ASSOCIATES, a Washington general partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. #51987405 v2 18 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. STATE OF MICHIGAN COUNTY OF OAKLAND 20130913002675.020 I certify that I know or have satisfactory evidence that Steven Silk is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated he was authorized to execute the instrument and acknowledged it as the Manager ofTVC Renton Co. WA, L.L.C., a Michigan limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Given under my hand and official seal this theM_ day of /k,lt;,uS /-, 2013. ~J~F~ Notary Public h, My commission expires: o,~:;/.wfg #51987405 (Signature Page) IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written above. By: Nam-e~:d--!.__~....:::,::::.,~=-!::lil:i<::...,=:~ Title: __ ..,A ... ss,.;s1 .. -....... Scctt1a1:y..,.,....-__ _ CVS LEGAL APPROVAL: Hinckley, Allen & Snyder LlP David l. Lough, Esq. 20130913002675.021 In on this __ day of , 2013, before me personally appeared [Person], (Title] of Washington CVS Phannacy, LLC., a Washington h ·ted liabil~ company, who proved to me through satisfactory evidence of identification, w · h was U photographic identification with signature issued by a federal or state governmental ag cy, or O personal knowledge of the undersigned, to be the party executing the foregoing instrum t and he/she acknowledged said instrumen~ by him/her executed to be his/her free act and deed, · her free act and deed in said capacity and the free act and deed of Washington CVS Pharmacy, . .C. (Affix Notary Seal] #51987405 (Signature Page) Califomia All-Purpose Acknowledgment ·.s.s. State of California County of tlvl.J'f=" onJplr,5t!MIQ beforeme.L l8(£5i ~«et1£r .. /tMc. persona11y appeared ik.1ttcb.)1 L , l/!m1f i:.a:t.!,::· S•;.. ,~· 1'· .:,<t:cl: ...... ,:. 20130913002675.022~ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsaibed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ,-~;o,----==-'---fl WITNESS my hand and official seal. ~-'"""""'·~-"' I OPTIONAi.iNFORMATiON ----------- .1...imo~~:, na .'1;,:.,·1:e,;on rri r.,,is ~~;;l=':;:1.~ :::.: rs-:;!:l:-'1~' t:1 :~· 1. !t..:=.•c,:.;; .:::-~•,en, f,G;:·::!,l'3N 1'3::-;:,·;si ;:;:e:· •:.s1s.::J;.~e,:'. ~, this u:J<no'.·.tfedgms,,t :o e~ 1.,'fia!.1,~o,iz~C: d3cvme,~! G,1d m.:;; p:0~"3 :J!i3i'L!,1 tu p91-s:;·~s ra,'yf.'lQ o.i U-.; ai:s,;i1e:I (ia.;:wa~ni. · Description of Attached Document The precedmg Certificale al Acl<noWledgment i& attached lo a doaJment tilled/for the pu,pose of ________ _ containing __ pages, and dated--------· The signer(s) capacity or aulhorily is/me as: 0 1.-..r(s) 0~ 0 CcrpmdeOllizr(s) ___________ _ 0~ o---OTrusleo(s) :~,s·, 0 Olller. ______________ _ representing: --,--------cc--~----•1a..71e;:.1 :t?e..-U.-"i.t~ Et:'.1t/f,!d 0 Si;i:-,...-;~P.~~mr~"..;: ~ 201 O Notary Leaming Cen:er-A.It Rights Reserved ~of~igne<ldenlilica ---- Pruwad 1D n1'I on the tasis ot 11811da;tgry~: o-"')"'-o..--es) Natarial ellB1I. is detllled in nalalJ junal 00: -·---·--...... .......,, ________ _ 0--0-1-1) o _________ _ EXHIBITA (Legal Description of the MM Tract} Lot C, King County Boundary Line Adjustment Number S91L0069, Recorded Under Reconling Number 9014261602, in King County, Washington. #S1987405 20130913002675.023 'V'-~:-.. !==~§ f s Iii T.fii'.INJ. !!R@!!R8@6@1/SS ..... I EXHIBITB (Site Plan) EXCESS PARCEL • NORTl-1 'V'.l!J.IM. a•aao,s@i:us 8.0l" A. /IJOUNDA.IJIJ'lf !.1/JiJ/E ADJU3VBMl!!IM'if' 11»10,/Jfff®02 RETAIL PHARMACY PAAC£l AA<IPOSEO INGRESS/EGRESS &.sEMEtlT O't[R RETlill PHARMACY PJ.Ra::t.. 1l) BENErll 'S£U.ER'!i mJ.\CEtfT PAi>PERTY ~ _ -.,,---~ __ s_e-~RR~ _ ---- I atcn11u----------..--, SITTS& HILL ENGINEERS, INC. INl3FESB/ECIREI EA8B,,EN1" TO BalB"n" BEU.ER"B Ao.JACEHr PACPERTY VB.MER AEJAL l'HAllMAO't atOffT PLAT #51987405 CIVIL • SlRUCTURAL • SURV£YING 4815 CtN1ER ST'RrET TACOMA, WA. 98-409 PHON(; (253) 47-1-94.f.9 20130913002675.024 EXBIBITC (Legal Description of the TVC Tract) THAT PORTION OF LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER S91L0069, RECORDED UNDER RECORDING NUMBER 9104261602, IN KING COUNTY, WASHINGTON, LYING SOUTH OF TIIB FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; TI:IENCE SOUTH 01 °45'15" WEST, ALONG TIIE WEST LINE OF SAID LOT A, A DISTANCE OF 193.22 FEET TO THE POINT OF BEGINN!NG; THENCE NORTH 87°13'56" EAST, 346.91 FEET TO THE EAST LINE OF SAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. #51987405 20130913002675.025 EXIDBITD (Legal Description of the TVC Excess Parcel) THAT PORTION OF LOT A, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER S9IL0069, RECORDED UNDER RECORDING NUMBER 9104261602, IN KING COUNTY, WASHINGTON, LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE SOUTii 01°45' 15" WEST, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 193.22 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87°13'56" EAST, 346.91 FEET TO THE EAST LINE OF SAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. #51987405 20130913002675.026 EXHIBITE (Legal Description of the TVC Tract Access Easemeot Area) THE WEST 24.00 FEET OF LOT A, KING COUNIY BOUNDARY LINE ADJUSTMENT NUMBER S91L0069, RECORDED UNDER RECORDING NUMBER 9104261602. IN KJNG COUNTY, WASHINGTON, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; lHENCE SOUTH 01'45'15"WEST, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 193.22 FEET TO THE POINT OF BEGINNING; lHENCE NORTI-187"13'56" EAST. 346.91 FEET TO THE EAST LINE OF SAID LOT A AND THE TERMINUS OF THIS DESCRIBED LINE. #51987405 20130913002675.027 EXHIBITF (Plan Showing the TVC Excess Parcel Access Easement Area) 11',(l>.fl'!, ll#JR-(}'10"1:tl. SEUER"S AOJ,,'iC[NT PRQrERT'I • NORTH PROPOSF:l> lt,IQ1ESSJEGRESS EAsBIENT OVER EXCrS'S PARCO. TO SENEFIT SOJ.ER'S #OJA.C0,11 PROf'ERTY T.P.114. JillPti#IG51H//16 LOT A, /1601/ilDARlf Lll/6E AD.IUl!JTllf/f!nT •rC4'flfflG>81 SE CARR ROAD ~~~----~ ----- I INCllFE88/EaREBS EASSENT TO IIBIIB'lr 8EU..ER8 ADJACENT PflCf'ERTY YEI.MERfETAL l'tW'MACY alOflT PLAT #5198740~ SITTS &HILL ENGINEERS, INC. CIVIL • S1RUCTURAL • SURVEYINC 4815 CEH1ER S1R£ET TACOMA, \VA. 98409 PttONE: (253) 474-9449 20130913002675.028 EXHIBITG (Legal Description of the TVC Excess Parcel Access Easement Area) THE WEST 26.00 FEET OF THE SOUTH 28.00 FEET OF THE FOi.LOWiNG DESCRIBED PROPERTY: THAT PORTION OF LOT A. KING COUNTY BOUNDARY LINE AOJUSTh1ENT NUMBER S91L0069, RECORDED UNDER RECORDING NUMBER 9104261602, IN KING COUNTY, WASHINGTON, LYING NORTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT A; THENCE SOUTH 01'45'1S'WEST, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 193.22 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87'13'f6' EAST, 346.91 FEET TO THE EAST LINE OF SAID LOT A ANO THE TERMINUS OF THIS DESCRIBED LINE. #51987405 20130913002675.029 ! t I I I I EXHIBITH (Plan Showing the MM Tract Access Easement Area) T.11>.INJ • .i!llllal#rt111111111IIIS • NORTH SCALE 1 • -100' £XCESS PAACEL T.fll>.lfli1..- 1!2@!:131@1lillll1Silti RCTAD.. PHARMACY PARCEL SE CARR ROAD ~~----- ..... ,-----------.--.. ---,,,,,....,...--,,-----...... --~--1 INOIRESS/EQRE!BS EASEMENr SITTS & HILL TOaeia=trAETAL ENGINEERS, INC. PHARMACY PARCEL CIVIL • S'IR\JCTURAL • SURVEYING VB.&EII flEl"M. PHAfNAC'I' atoRr PLAT 4815 co:.1r~~~~~)i~~~~4 ... iA. 98409 #S1987405 20130913002675.030 EXHIBITI (Legal D .. crlption oftbe MM Tract Access Easement Area) THE SOUTH 24.00 FEEf OF LOT C, KING COUNTY BOUNDARY LINE ADJUSTMENT NUMBER S91L0069, RECORDED UNDER RECORDING NUMBER 9104261602. IN KING COUNTY. WASHINGTON. #S1987405 20130913002675.031 - 0 '--BLA -:tf;-?{ -)f d-0 L (p 6 2-- ----~ .. -.:....I'-........-.-...-----~-~-......,. ... ----.---,----·-·-... -.-.-.~-····--··· .. ' ~ru~C.-::: . .:."~\O !·:!A!L'i.'~J 1 .. ,~lt •. ~.~"! 7 «;,~l·;.;.®;~~c,,;;,; ·-·-· ' ,t,-,1 ll:in<;1 Count:y .,."tJ:,Qi.. ... c,, Parka, Planning ahd. a.oaow:011111 Depart111ent .:.;i4~ ,..,, ,,,,,; .7 .ta; Buil4in<;1 and LllJld Davalopmant: Division '.. · fGo:s .11111 3600 136th. Ple.ce Southeast .. Bellewe, Wuhington 98006-1400, . --·91,._04~ Ml602 D -~ ,., -· .. , " ~ "' RECD I" 10,00 BOUNDARY LINE ADJUSTMENT :~FE~ APPLICATION cRsHSL 2,00 26,00 tk,111113e.oo ...... ....... :. -- Lota Offl'llt'tttaffll' Asacciates CMaer'tHama Addrns City Zlp, P.O. llox 7261 ian"on WA 93011i7 -Cl!)' Zip F!r111t Inte.'riitate Bank 999 Third Ava~ Seattle, WA .98111- Pllono 292-3135·. "11C Oiwltr'IN&rnl LDIC 42 SE 1 ,,. ... SW ....... ....,_, ..... See Att4c:hed ~...:. .. "" ~ ::;:·:; .. ---. IID58 ........ Qi), •. Zlp Cascade -----------------------------. -------------...... --1" See AttAC:hed Lare See Attached RECEIVED MAR 2 81991 SUBDIVISIONS ~------.-. ...........,...___. order. No•-Order searcll Doc: KC:111919104261602 Page 1of6 Cre11ted By: Kea Kan"an Pri"ted: 1/5/20153:04:08 PH PST , ·-· r 0 . i l l ----·~...,----..-.,--~-~-~-~~!~"i?Jrr~~~":!'-:.~ ". ··- ' "' '\ ' ---~ s.~ 174th sr. i!I. - \ ~: s;~:;~r -"' l .. JOS.JS' .,~.:--------\ SLOG. LOT A @ t.o 69.40' ~ ~VI ..... , .... w • --~AUtCR£TE ~ N "i?1~2.· E _!!86'~°01"'_~ .)08.0t· 'b : .H 0311'59• W I W> .....--so.oo· s 86"4£0'~? L----368.01' / . Z09T9?.t>OT6 SOUlH UNi L SOUTHEAST OUMlER Of TrtE SOUll-lWEST CUAP. TIR OF SECTlOrl 29 'i.1 e. !!! \ --~-- i 6 ,Jit; ~11~ ;~gg :}Wt.JO ~,ejei)I ~:, 'l(Oi...1>. laJC/100 . !I ... j ! j_! ··~ :~ ~i: ;:i ~il ;:; .. .... ~ oo• . .. ~ ... ~=-!:"fl ah D .. .. .a ........... DO a :, • •&. ,, --:~a! s !II :: ,=~ .. :;: i t a!:! r g II ::Ii~ • ! : 1-::r: Q ! ="'~~ ~ ,II ...... > 11\t . .. .. i ~iii E • tuu. '; .!! -.ig~t QI pt ..... .a ..... ,tJ ;.. ............ 0 St -...:. ..... z ,# o.i-lO::t g "'11"1;1,Q : .x &14:::z a . a~ "' Form WA-5 (6/76) Commitment Face Page COMMITMENT FOR TITLE INSURANCE Issued by File No.: NCS-751199-WAl FIRST AMERICAN TITLE INSURANCE COMPANY First American 1itle Insurance Company, herein called the Company, for valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagor of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of the Commitment or by subsequent endorsement. This Commitment if preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. This Commitment shall not be valid or binding until countersigned by an authorized officer or agent. IN WITNESS WHEREOF, the Company has caused this commitment to be signed, to become valid when countersigned by an authorized officer or agent of the Company, all in accordance with its By- laws. This Commitment is effective as of the date shown in Schedule A as "Effective Date." First American Tille Insurance Company ?:.:-£4'~ Prtlidenl ~,J~ Jefhy S. Robinson Sec:retery First American Title Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-7S1199-WA1 Page No. 1 818 Stewart Street, Suite 800, Seattle, WA 98101 (206)728-0400 -(800)526-7544 FAX (206)448-6348 To: G. Paul Brown (206)615-3050 GB@firstam.com Careage, Inc. PO Box 1968 Gig Harbor , WA 98335 Attn: George Stephan SCHEDULE A 1. Commitment Date: August 31, 2015 at 7:30 A.M. 2. Policy or Policies to be issued: Reorganization Rate AMOUNT Pamela Callahan (206)615-3267 pacallahan@firstam.com File No.: NCS-7S1199-WA1 Your Ref No.: 10635 Southeast 174th, Renton, WA PREMIUM TAX Extended Mortgagee's Coverage $ To Be $ To Be Detennined $ To Be Determined Determined Proposed Insured: To Be Detennined 3. The estate or interest in the land described on Page 2 herein is Fee Simple, and title thereto is at the effective date hereof vested in: careage, Inc., a Washington corporation 4. The land referred to in this Commitment is described as follows: The land referred to in this report is described in Exhibit "A" attached hereto. First American Title Insurance Company Form WA-5 (6/76) Commitment EXHIBIT 'A' LEGAL DESCRIPTION: File No.: NCS-751199-WAl Page No. 2 PARCEL C OF BOUNDARY LINE ADJUSTMENT NO. S91L0069 RECORDED APRIL 26, 1991 UNDER RECORDING NOJ9i0426il6P,l IN KING COUNTY, WASHINGTON. -::11 1 First American Title Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 1 REQUIREMENTS The following are the Requirements to be complied with: File No.: NCS-751199-WAI Page No. 3 Item (A) Payment to or for the account of the Grantors or Mortgagors of the full consideration for the estate or interest to be insured. Item (B) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Item (C) Pay us the premiums, fees and charges for the policy. Item (D) You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions SCHEDULE B -SECTION 2 GENERAL EXCEPTIONS The Policy or Policies to be issued will contain Exceptions to the following unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of person in possession thereof. C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. E. (1) Unpatented mining claims; (2) reservations or exceptions in patents or in acts authorizing the issuance thereof; (3) Water rights, claims or title to water; whether or not the matters excepted under (1), (2) or (3) are shown by the public records; (4) Indian Tribal Codes or Regulations, Indian Treaty or Aboriginal Rights, including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor, materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown by the public records. G. Any service, installation, connection, maintenance, construction, tap or reimbursement charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgages thereon covered by this Commitment. First American 77tle Insurance Company Form WA-5 (6/76) Commitment SCHEDULE B -SECTION 2 ( continued) SPECIAL EXCEPTIONS 1. General Taxes for the year 2015. Tax Account No.: 292305-9042-06 Amount Billed: $ 19,812.22 Amount Paid: $ 9,906.11 Amount Due: $ 9,906.11 Assessed Land Value: $ 1,532,300.00 Assessed Improvement Value: $ o.oo )JO, ti 5 vR.V5"<1 f,11.At,J;lt File No.: NCS-751199-WAl Page No. 4 2. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for water or sewer facilities of Cascade Sewer District and R.M.H. Company as disclosed by instrument recorded April 02, 1982 under Recording No{·$2040205'~,., ~ IJOTSUl!JI&( ~ ~ ?-- 3. Potential charges, for the King County Sewage Treatment Capacity Charge, as authorized under RON 35.58 and King County Code 28.84.050. Said charges could apply for any property that connected to the King County Sewer Service area on or after February 1, 1990. /.JO, A.Svi!.•E"' M~ Note: Properties located in Snohomish County and Pierce County may be subject to the King County Sewage Treatment Capacity Charges. To verify charges contact: (206) 296-1450 or CapChargeEscrow@kingcounty.gov. 4. A waiver of any claims for damages by reason of location, construction, landscaping or maintenance of a contiguous freeway, highway, roadway or transit facility as contained in the document recorded February 13, 1912, March 18, 1922 and June 19, 1933 as Recording Nos. &l'!UJ.6)1 fli~J and ~)014l'of Official Records. 1)(11 A Su RIAS'</ ~~ .Jf-'3 ,:t:14-~s 5. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Northwestern Improvement Company, a New Jersey corporation Recorded: August 10, 1934 Recording Information: '',?,f!al92t .,# 0 r,.,fff" A .svevi:;-y Ml.TIER 6. Easement, including tenns and provisions contained therein: Recording Information: ··~629l.'H #7 For: Water pipeline Affects: as described therein [) E p (CTI, I) 7. Terms, covenants, conditions and restrictions as contained in unrecorded Lot Line Adjustment (Boundary Line Revision) 1184008 : tJEED Dated: November 26, 1984 8. Easement, including terms and provisions contained therein: Recording Information: September 17, 1990 under Recording No,_90P9J,70448~ lll:PIC'rEI> =11:" B Rrst American 7itle Insurance Company Form WA-5 (6/76) Commitment File No.: NCS-751199-WA! Page No. 5 In Favor of: First Interstate Bank of Washington, N.A., a national banking association For: Affects: Ingress and egress as described therein. 9. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revision) S91L0069 : Recorded: April 26, 1991 Recording Information: f!l.-042:61602 '.f -;tf Cf 10. Easement, including terms and provisions contained therein: Recording Information: December 22, 1994 under Recording No.t~ll'J:222046.81 --±I /0 In Favor of: U.S. West Communications, Inc., a Colorado corporation For: Telecommunications Affects: as described therein. 11. The terms, provisions and easement(s) contained in the document entitled "Reciprocal Easement Agreement" recorded October 01, 2013 as Recording No.l'l0,Nt00100041iifof Official Records. -:tt, II A Said instrument is a re-record of Recording No. !f2iH<I09l3"0b267,lit Recorded September 13, 2013. di-tt .B 12. Any facts, rights, interests or claims that may exist or arise by reason of the following matters disclosed by an ALTA/ACSM survey made by ESM Consulting Engineers LLC on January 19, 2015, last revised January 26, 2015, designated Job Number 845-020-015: No survey matters 13. Evidence of the authority of the officers of Careage, Inc., a Washington corporation, to execute the forthcoming instrument, copies of the current Articles of Incorporation, By-Laws and certified copies of appropriate resolutions should be submitted prior to closing. 14. Unrecorded leaseholds, if any, rights of vendors and security agreement on personal property and rights of tenants, and secured parties to remove trade fixtures at the expiration of the term. 15. Prior to issuance of an extended coverage policy, the Company will require an Owner's Affidavit be completed and submitted to the Company for approval prior to closing. The Company reserves the right to make any additional requirement as warranted. First American Title Insurance Company Form WA·S (6/76) Commitment INFORMATIONAL NOTES File No.: NCS-751199-WA! Page No. 6 A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Parcel C, BLA No. S91L0069, Rec.tflii.M-26160:tt' -# /1-- APN: 292305-9042-06 D. A fee will be charged upon the cancellation of this Commitment pursuant to the Washington State Insurance Code and the filed Rate Schedule of the Company. END OF SCHEDULE B cc: Will Advise Rrst American 7itfe Insurance Company Form WA-5 (6/76) Commitment First American Title Insurance Company National Commercial Services COMMITMENT Conditions and Stipulations File No.: NCS-751199-WAl Page No. 7 1. The term "mortgage" when used herein shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of a defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment, other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act or reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclosure such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option, may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of Policy or Policies committed for, and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or ( c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the Policy or Policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage, and the Conditions and Stipulations of the form of Policy or Policies committed for in favor of the proposed Insured which are hereby incorporated by references, and are made a part of this Commitment except as expressly modified herein. 4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest or the lien of the Insured mortgage covered hereby or any action asserting such claim, shall be restricted to the provisions and Conditions and Stipulations of this Commitment. Rrst American lltle Insurance Company Form WA-5 (6/76) Commitment The First American Corporation First American Title Insurance Company National Commercial Services PRIVACY POLICY We Are Committed to Safeguarding Customer Information File No.: NCS-751199-WAl Page No. 8 In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our setvices you are utilizing1 the types of nonpublic personal information that we may collect include: Use of Information Information we receive from you on applications, fonns and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and· Information we receive from a consumer reporting agency. We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: {1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal infonnation listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escroo companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. c 2001 The First American Corporation -All Rights Reserved Rrst American Title Insurance Company RECEIPT EG00044303 BILLING CONTACT George Stephan Careage, Inc 4411 Point Fosdick Dr , 203 Gig Harbor, WA 98335 REFERENCE NUMBER FEE NAME LUA 15-000736 PLAN -Admin Conditional Use PLAN -Environmental Review PLAN -Site Plan Review· HEX Technology Fee Printed On: October 13, 2015 Prepared By: Rocale Timmons TRANSACTION TYPE Fee Payment Fee Payment Fee Payment Fee Payment PAYMENT METHOD Check #038328 Check #038328 Check #038328 Check #038328 SUB TOTAL TOTAL AMOUNT PAID $485.00 $1,000.00 $2,500.00 $135.00 $4,120.00 $4,120.00 Page 1 of1