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HomeMy WebLinkAboutShort Plat File No 035-77~ BEGINNING OF FILE nvm SHP-F7-O35 , Ci2-8- 38. Amends Ordinance WN "She oro wot “Aa Keeo this Vere Wn dice mC anit sy es Mh, Lh 1 Ss Via DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, FAMILY LIMITED PARTNE : a Washington limited partnership, is the owner of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit 'A! attached hereto. WHEREAS, the owner of said described property desires to impose the following restrictive covenants running with the land as to use, present and future, £ the above described real property. NOW, THEREFORE , the a\foresaid owner hereby establishes, grants, and imposes restrictlons and covenants running with the land hereinabove described |\with respect to the use by the undersigned, its successors, heirs 777 assians as follows: (= The owner of the above successors, heirs and covenants to maintain all la Site Landscape and Circula hereto, and maintain said l City of Renton) any and all been so severely damaged by improper maintenance (e.g.: P- : es pruning) as to destroy or . jlo. Cb. Ar landscaping's original aesthe ESTABLISHMENT OF LANDSCAPE EASEMENT The west 11 feet of the east 25 feet of the landscape easement shown on the Helberg short plat recorded under King County Recording No. 7704130774 is released. The east 14 feet of the east 25-foot landscape easement is retained. ENFORCEMENT Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of 10 4 2 6 1 2 8 7 9a WHEN RECORDED RETURN TO: Office of the City Clerk Amends Ordinance No. Renton Municipal Building ‘200 Mill Avenue South Renton, WA 98055 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, HEATH FAMILY LIMITED PARTNERSHIP, a Washington limited partnership, is the owner of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit 'A' attached hereto. WHEREAS, the owner of said described property desires to impose the following restrictive covenants running with the land as to use, present and future, of the above described real property. NOW, THEREFORE , the aforesaid owner hereby establishes, grants, and imposes restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, its successors, heirs and assigns as follows: LANDSCAPE MAINTENANCE AND REPLACEMENT PROVISIONS The owner of the above described property, its successors, heirs and assigns, hereby agrees and covenants to maintain all landscape materials as shown on Site Landscape and Circulation Plan (2/19/93), attached hereto, and maintain said landscaping in accordance with accepted landscape principles. This covenant requires the current landowner or future purchasers, assignees or heirs to replace (within sixty days upon notice from the City of Renton) any and all landscaping that has died or been so severely damaged by natural causes or through improper maintenance (e.g.: improper or excessive pruning) as to destroy or significantly reduce said landscaping's original aesthetics. ESTABLISHMENT OF LANDSCAPE EASEMENT The west 11 feet of the east 25 feet of the landscape easement shown on the Helberg short plat recorded under King County Recording No. 7704130774 is released. The east 14 feet of the east 25-foot landscape easement is retained. ENFORCEMENT Any violation or breach of these restrictive covenants may be enforced by proper legal procedures ir the Superior Court of King County by either the City of 1926 1 0 4 2 6 1 2 8 7 3 a Renton or any property owners adjoining subject property who are adversely affected by said breach. Declarant/Property Owner HEATH FAMILY LIMITED PARTNERSHIP we Coe uutif Yb Clement H. Heath, General Partner By Alp hv Loe. Dorothy Heafh, General Partner oy Soucard Jy pleerh Howard W. Héath, Géneral Partner Approved by City of Renton By Loaner Meriter — Its \“ City Attorné/ Filed by County of Records & Elections Date 4/14/93 Date 9 3 0 4 2 6 1 2 8 0 STATE OF WASHINGTON ) COUNTY OF KING ) fl) ; my od on this Fat £ day of April , 1993 _, before me personally appeared Clement H. Heath, Dorothy Heath, and Howard W. Heath, to me known to be the general partners of the Heath Family Limited Partnership, the partnership that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and that they are authorized to execute said instrument on behalf of the partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 4 ‘e — ~ eg Letty et Lok Cy Notary PubYic ir/and for the State of Washington, reSiding at A_cnry Die ale a Y My appointment expires: _4- /-73 Doc ID: S-91346 Ver: 1 1759-4 04/05/93 LSB 93 0 4 2 6 1 2 8 7 EXHIBIT A LEGAL DESCRIPTION: LOT 2 AND THE NORTH 85 FEET OF LOT 3 IN BLOCK 2 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN, DIVISION NO. 7, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 18, RECORDS OF KING COUNTY, STATE OF WASHINGTON. ALSO KNOWN AS LOT 2 AND THE NORTH 85 FEET OF LOT 3 OF CITY OF RENTON SHORT PLAT NO. 77-035, AS RECORDED UNDER KING COUNTY RECORDING NO. 7704130774, RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO AN EASEMENT FOR LANDSCAPE PURPOSES OVER THE EAST 14 FEET OF THE ABOVE DESCRIBED PROPERTY, ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. 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WHEREAS, on December 12, 1961 the Renton City Council adopted Ordinance No. 1926 which rezoned certain property from General Classification District (G) to Business Parking (BP) subject to certain conditions and terms; and WHEREAS, pursuant to Ordinance No. 1926 the Renton City Council imposed on the owner/petitioner to properly landscape the east 25 feet of certain property described in that ordinance with trees, shrubs and other natural growth to be maintained thereafter continuously at the sole cost and expense of owner/petitioner; and WHEREAS, it is now the desire of the City Council to amend that condition. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The existing condition imposed on the subject property, filed under King County Auditor's File No. 7704130774, Helberg Short Plat, shall be amended by restrictive covenants filed under King County Auditor's File No. 9304261287 to read as follows: Owner must properly landscape the east fourteen feet of the subject property and such landscaping shall include trees, shrubs, and other natural growth to be completed forthwith and to be maintained thereafter at the sole cost and expense of the owner; ORDINANCE NO. 4402 this agreement and covenant shall run with the land and be binding on the successors and assigns of the owner and such landscaping and maintenance shall be subject to the approval by the City of Renton. SECTION III. The subject property is described as follows: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Property is located at 4308 Jones Avenue N.E.) SECTION IV. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this l0tn day of May F 1993). aN Marilyn(&®. Petersen, City Clerk Y APPROVED BY THE MAYOR this 10th _ = of _ May , 1993. — <> ok cn AAA Earl Clymer, Mayor. a) Approved as to form: A112 —- Lawrence J. War&én, City Attorney Date of Publication: May 14, 1993 ORD. 304:4/27/93. EXHIBIT A LEGAL DESCRIPTION; LOT 2 AND THE NORTH 85 FEET OF LOT 3 IN BLOCK 2 OF C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN, DIVISION NO. 7, AS PER PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE 18, RECORDS OF KING COUNTY, STATE OF WASHINGTON. ALSO KNOWN AS LOT 2 AND THE NORTH 85 FEET OF LOT 3 OF CITY OF RENTON SHORT PLAT NO. 77-035, AS RECORDED UNDER KING COUNTY RECORDING NO. 7704130774, RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO AN EASEMENT FOR LANDSCAPE PURPOSES OVER THE EAST 14 FEET OF THE ABOVE DESCRIBED PROPERTY, ALL SITUATE IN THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 24 NORTH, RANGE 5 EAST, W.M. NW *eE* sec. 32 TWe Z4N.., RSE. WM. UO W E S AV E N U E NE NE 4447H. spReer B4 4 . 16 ’ 296.73! REN 11904130774 N ’ 2GAT.0OG 34 6 . 9 0 © FRLOCI @, CLIO. HILL MAN LAKE WASH. GARDEN OF EDEN Div. NG.7;, VObL.ie-i& WAIVER OF OFF-SITE IMPROVEMENTS: BRUCE HELBERG; THE PRODUCTION CO.; App]. W-006-77; waiver of off-site improvements for a two lot short plat; property located on Jones Avenue N.E. and N.E. 44th Street. APPLICANT BRUCE HELBERG (THE PRODUCTION CO.) toTaAL AREA + 3.5 Acres PRINCIPAL ACCESS Jones Avenue N.E. EXISTING ZONING B~ 1 EXISTING USE Business PROPOSED USE Business COMPREHENSIVE LAND USE PLAN Commercial COMMENTS RECEIVED CITY OF RENTON Ce ok a 4 HEARING EXAMINER - JAN 3 11977 AM PM 78 Dl M21 121314156 B-| LI N C O L N AV E —_ JO N E S AV E NE CITY Limits ad RS-39600 r Seate — |’2 200! SvagEcT SITE BRUCE HEBER SHORT PLAT Wo, 35-77 WAIVER ~ NO, W- G0 -77 LI Z Av e se WAIVER OF OFF-SITE IMPROVEMENTS: BRUCE HELBERG; THE PRODUCTION CO.; Appl. W-006-77; waiver of off-site improvements for a two lot short plat; property located on Jones Avenue N.E. and N.E. 44th Street. APPLICANT BRUCE HELBERG (THE PRODUCTION CO.) -totaL areA + 3.5 Acres PRINCIPAL ACCESS Jones Avenue N.E. EX™TS1ING ZONING Bed EXISTING USE Business PROPOSED USE Business COMPREHENSIVE LAND USE PLAN Commercial COMMENTS LI N C O L N AV E NE = 4 w 2 oO ») ScALE — [2 200! GvEsecT SITE BRUCE HELBERG SHORT PLAT Wo, 35-77 WAIVER ~ NO, W- O0lo-77 Crkibet 2 CITY Limits AV E S2 8 pl RECEIVED CITY OF RENTON HEARING EXAMINER JAN 3 11977 PM Zi 8 GlOd 2,1 1213141516 f STOP STOP STOP’ STOP STOP! DOCUMENTS UNDER THIS NOTICE HAVE BEEN MICROFILMED. DO NOT REMOVE NOTICE FROM FILE. NEW FILING SHOULD BE ADDED ON TOP OF NOTICE. PAGES REMOVED UNDER THE NOTICE FOR COPYING MUST BE RETURNED TO THE SAME PLACE UNDER THE NOTICE. STOP" STOP STOP STOP STOP BEGINNING OF FILE “<Dust Plyp MICROFILMED —O85-T7 os Oe ee * ox ate? Invoice No. biU CITY OF RENTON 200 MILL AVENUE SOUTH RENTON, WASHINGTON @8055 — CITY CLERK Department or Division Date April 25, 1977 Mr. Bruce Helberg Please make checks The Production Co. payable to 4232 Jones Ave. N.E. Finance Department Renton, Wash. 98055 City of Renton Recording of SHORT PLAT #35-77 ( Recording Fees ) $7.00 Recording #7704130774 copy attached Short Plat - copy attached Total Due 37.00 CITY OF RENTON 200 MILL AVENUE SOUTH Invoice No 995. RENTON, WASHINGTON 88055 City CLERK Department or Division Date March 8, 1977 The Production Co. 4232 Jones Ave. N. E. Renton, Wash. 98055 L. Please make checks payable toa Finance Department City of Renton Declaration of Restrictive Covenants recording No. 7702240754 project No. SP-35-77 copies enclosed ( short Plat ) Total Due ( recording fees ) $4.00 $4.00 77 0 2 2 4 0 7 5 4 DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, THE PRODUCTION COMPANY > 3 bd is AXKK the owners’ of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit ‘A’ attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described real property. NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The owner(s) of tne above described property, their suc- cessors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or city initia- ted proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improve- ments shall include but may not be limited to the installa- tion of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrounding of utilities, and Street lighting. These covenants are imposed in lieu of Section 9-1105(6) of Title IX of Ordinance #1628 of the City of Renton. 1 1U Z 2 4 U 1 9 D 4 - = DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. » _ THE PRODUCTION COMPANY ay: rec.ce (elicrg, Bruce Helberg STATE OF WASHINGTON) COUNTY OF KING ) On this 7th day of December » 19 76, before me personally appeared —_ Bruce Helberg ’ : ’ the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person(s) for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and Tor the State of Washington, residing at _ Medina Recorder's Note: Notarial seal not af fixed. 77 0 2 2 4 0 7 5 4 Legal Description: EXHIBIT "A" Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.D. Hilliman's Lake Washington Garden of Eden Addition to Seattle, Div. No.7, as per plat recorded in Volume 16 of Plats, on page 18, records of King County; Situate in the City of Renton, County of King, State of Washington. te, ah ha Ne rt ad i . 4 ! Le) \\ j Ves) kf We ig non a F el ae z © my. = ; : = a! : C3 hey co eel &@ ay C a bnue Lo fee et Samed rae $2086 ‘HSV M ‘NOLNAY HL : 00 wre a ‘Oa 1d TVdIOINIW NOLIN O 2 AHL JO ADIAO "eal, 0 FoOrGY Je PACoeY 46} GIL ? Ny a 4 oy of Oo h LO R Z Z O L L tt s 0 0 ? THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENT! , MAYOR @® LAND USE HEARING EXAMINER JAMES L. MAGSTADT, 235-2593 February 233 L977 Mr. Bruce Helberg RE: File No. W-006-77 The Production Company #35-77 Short Plat 4232 Jones Avenue N.E. Renton, Washington 98055 Dear Mr. Helberg: This is to notify you that the above referenced requests, which were approved subject to conditions as noted on the Examiner's report of February 7, 1977, have not been appealed within the time period set by ordinance, and therefore, this application is considered final and is being submitted to the City Clerk effective this date for permanent filing. Restrictive Covenants will be filed by the City Clerk with King County. Sincerely, . Magstadt g Examiner JLM:mg cc: Del Mead, City Clerk keoruary. 7, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION. APPLICANT: Bruce Helberg/The Production FILE NO. #35-77 Company Short Plat W-006-77 Waiver LOCATION: Located directly southeast of the May Creek Freeway interchange at the southeast corner of Jones Avenue N.E. and N.E. 44th Street. SUMMARY OF REQUEST: Applicant requests a two-lot short plat. The northerly lot to be 344' x 297' or 2.4+ acres with the northerly existing building. The southerly lot to be 170' x 297' or 1.1+ acres with the southerly existing building. The applicant also requests a waiver of off- site improvements because no similar improvements exist in the general area. SUMMARY OF Planning Department: Recommend approval subject RECOMMENDATION : to conditions. Hearing Examiner: Recommend approval subject to conditions. PLANNING DEPARTMENT The Planning Department staff report was received REPORT: by the Examiner on January 24, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on January 31, 1977, at 1:50 p.m. in the Council Chambers of the Renton Municipal Building. Neither the applicant nor his representative was in attendance. The Planning Department staff report was entered into the record by reference. Gordon Y. Ericksen, Planning Director, summarized the Planning Department preliminary report and entered the following exhibits: Exhibit 1: Zoning Map. Exhibit 2: Land Use Site Map. Exhibit 3: Helberg Short Plat Map, received on January 14, 1977. Exhibit 4: Letter from Public Works Director, dated January 28, 1977, re Waiver Application. Letter was read into the record by the Hearing Administrative Assistant. In regard to the application for waiver, the Planning Director indicated that the applicant is not opposed to signing restrictive covenants for off-site improvements. The Examiner requested additional information from the Public Works Director, Warren C. Gonnason, regarding his letter recommending denial of the request for waiver. Mr. Gonnason reported on the status of improvements in the general area and indicated that there are no existing curbs, gutters, sidewalks or drainage facilities in the surrounding area. In order for the applicant to proceed with #35-77 - Short Plat Paye Two W-006-77 - Waiver the installation of off-site improvements consistent with the other areas, it would require the setting of pavement widths, grades where curbs and gutters would be installed, and a detailed design for drainage. The city does not have plans detailing these matters sufficiently for the applicant to proceed with the development. If it is the desire of the Hearing Examiner or the city to require off- site improvements, it would be necessary to have those plans so that the applicant could accomplish the work. The Examiner asked the Public Works Director if those plans would be part of the department's work schedule for 1977, and he responded that they would not. The hearing on Item #35-77 and Item W-006-77 was closed by the Examiner at 2:00 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The property was posted and advertised according to law and there were no representatives speaking for or against the application. 2. The Planning Department report accurately sets forth the issues, findings of fact, applicable policies and provisions, and department recommendations in this matter. This report, being uncontested, is incorporated by reference into the Examiner's final findings. 3. The property has been zoned B-1 since 1963 with covenants establishing easterly 25 feet as a landscape buffer. A 5-foot utility easement was also granted to the city along the easterly property line. The property is occupied by two commercial buildings connected by a breezeway exit. Each building has an adjacent parking area. 4. It has been determined that the short plat and waiver will not have any negative impact on natural, social or environmental systems. CONCLUSIONS : Short Plat: 1. The proposed property division does not significantly detract or alter the existing character of the site. 2. The boundary was requested to facilitate the separation of the two buildings to accommodate potential resales. Waiver: 1. The Public Works Director, Warren C. Gonnason, noted the absence in the general area of curbs, gutters, sidewalks or drainage facilities. Therefore, to provide the applicant with established grade lines for the installation of off-site improvements consistent with the area would be difficult because the city does not have sufficient detailed plans to enable the applicant to proceed with the development. The — Public Works Department work schedule will not be able to make provision for such plans in 1977. Mr. Gonnason and the Planning Department recommend that the requested waiver be denied, and in lieu, recommend the approval of an indefinite deferral of the off-site improvements subject to the signing and filing of restrictive covenants in which the owner agrees to participate in a Local Improvement District for such improvements at a future date. #35-77 - Short Plat Page Three W-006-77 - Waiver Waiver: 2. A declaration of off-site improvements and the future participation in an L.I.D. has been signed by Bruce Helberg and will be recorded in due procedure in King County. RECOMMENDATION: Short Plat: Approval. Waiver: Approval of the waiver subject to the recording of the Declaration of Restrictive Covenant document. ORDERED THIS 7th day of February, 1977. Hgaring Examiner TRANSMITTED THIS 7th day of February, 1977 by certified mail to the party of record: Bruce Helberg TRANSMITTED THIS 7th day of February, 1977, to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Don J. Smith, Renton Record-Chronicle Pursuant to Ordinance No. 3071, Section 4-3015, request for reconsideration or notice of appeal must be filed in writing on or before February 14, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days of the conclusion of the hearing. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. PLANNING DLPARITMENI PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING JANUARY 31, 1977 APPLICANT: BRUCE HELBERG/THE PRODUCTION COMPANY FILE NO.: SHORT PLAT APPLICATION-#35-77; WAIVER APPLICATION-#W-006-77 A, SUMMARY OF REQUEST: Applicant requests a two-lot short plat. The northerly lot to be 344' x 297' or 2.44 acres with the northerly existing boi 1diue. The southerly lot to be 170! x 297' or 1.14 acres with the south- erly existing building. The applicant also requests a waiver of off-site improvements because no similar improvements exist in the general area. B, GENERAL INFORMATION: 1. Owner of Record: BRUCE HELBERG: THE PRODUCTION COMPANY 2. Applicant: Bruce Helberg 3. Location: Located directly southeast of the May Creek Freeway interchange at the southeast corner of Jones Avenue N.E. and N.E. 44th Street. 4. Legal Description: Lot 2 and north 85' of Lot 3 in Block 2 of C. D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Division No. 7. Size of Property: 3.5 acres Access: Provided from both N.E. 44th Street and Jones Avenue N.E. 7. Existing Zone: B-1 (Business District) and G-9600 8. Exisiting Zoning in Area: The site lies primarily within a B-1 (Business) zone with G-9600, G-7200 (General Suburban District) and H-1 (Heavy Industrial) classifi- cations in close proximity. 9. Comprehensive Land Use Plan: Commercial 10. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in three places on or near the site. C. PURPOSE OF REQUEST: To sell northerly existing building together with +2.4 acres of property. D. HISTORY/BACKGROUND : A portion of the site was originally rezoned B-1 on May 24, 1960 (Ordinance No. 1833). Subsequent rezones occurred in 1961 and 1963, (Ordinance Nos. 1926 and 2063 respectively). The original rezone request was conditioned upon conforming to the residential setbacks, and providing adequate parking and landscaping. Covenants also established the easterly 25 feet as a landscape buffer. A five foot utility easement was also granted to the city along the easterly property line. PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31, 1977 PAGE TWO RE: BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS; SHORT PLAT Appli. #35-773; WAIVER Appli. #W-006-77 E. PHYSICAL/BACKGROUND : he Topography: The property site is relatively level. The computed slope is minimal between one and two percent. Soils: The Norma series is made up of poorly drained soils that formed in alluvium. Permeability is moderately rapid. The seasonal water table is at or near the surface. The available water capacity is moderately high to high. Runoff is slow, and the erosion hazard is slight. Slopes 0-2 per- cent. Severe limitations for foundations, shallow excavations, and septic tank fields due to seasonal high water table and flood hazard. Vegetation: Predominate ground cover is in the form of grass with shrubs and brush in concentrated pockets. Red Cedar and Red Birch align the eastern edge of the property with a limited number of alder situated on the north and western edges. Wildlife: N/A Water: A surface drainage ditch exists along the easterly property line. Land Use: Two commercial buildings connected by a narrow breezeway exist on the site. The southerly building is presently used by Production Company. The northerly building was last used by Northwest Photo Typography. There is an existing parking area along the east side of the northerly building (Northwest Photo Typography) and a parking area on the west side of the Production Company (northerly build- ing). The property to the east is single family residential, a U-Storage facility exists to the south of the subject site. The area north of the subject site and on the west side of Jones Avenue N.E. is presently undeveloped. F, NEIGHBORHOOD CHARACTERISTICS: A mixture of business, single family residential and undeveloped land. Standard curbs, gutters, and sidewalks do not exist in the general area. G, PUBLIC SERVICES: Li Water and Sewer: An eight inch water main presently exists along Jones Avenue N.E. There are no existing sewers although an LID is currently pending. Fire Protection: To be provided by the City of Renton Fire Department according to ordinance requirements, Transit: Available on nearby interchange. Schools: N/A Parks: The site is near the proposed King County May Creek Park. PLANNING DEPARIMENI PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31, 1977 PAGE THREE RE: H. 0, BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS; SHORT PLAT Appli. #35-77; WAIVER Appli. #W-006-77 APPLICABLE SECTIONS OF THE ZONING CODE: 1. 4-711; B-1 BUSINESS DISTRICT APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS; 1. Subdivision Ordinance; 9-1105; plat requirements for short subdivisions. IMPACTS OF NATURAL SYSTEM: The proposed short plat and waiver request will have minimal impacts to the natural system. SOCIAL IMPACTS: No appreciable social impacts will be created by the proposal. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION ; Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971 as amended (RCW 43.21C) , this proposed action is exempt from the threshold determination and EIS requirements of SEPA. ADDITIONAL INFORMATION: A vicinity map is attached. AGENCIES/DEPARTMENTS CONTACTED: 1. City of Renton Building Division 2. Dity of Renton Engineering Division 3. City of Renton Traffic Engineering Division 4. City of Renton Utilities Division 5. Dity of Renton Fire Department All departments contacted regarding the applications expressed no specific concerns. DEPARTMENT ANALYSTS: 1. Proposed plat conforms to subdivision and zoning ordi- nance requirements. 2. The short plat is legally necessary to sell the northerly building. 3. The existing 25' landscape buffer and utility easement along the east property line, the existing parking on site, and the residential setbacks shall be retained as per previous covenant, rezone, and ordinance requirements. 4. No off-site improvements presently exist in the general area. PY ALI EHO DEAL EME TCI PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING OF JANUARY 31, 1977 PAGE FOUR RE: BRUCE HELBERG/THE PRODUCTION COMPANY APPLICATIONS; SHORT PLAT Appli. #35-773; Waiver Appli. #W-006-77 P, PLANNING DEPARTMENT RECOMMENDATIONS ; 1. Short Plat: Recommend approval of the short plat subject to retention of the 25' landscape buffer and 5' utility easement along the easterly property line, provision of proper parking for each separate building, and mainten- ance of the residential setback as per rezone approval. This would necessitate removal of a portion of the breezeway connecting the two buildings. 2. Waiver Request: Recommend approval of an indefinite deferral of the off-site improvements subject to the Signing and filing of restrictive covenants in which the Owner agrees to participate in an LID for such improvements. Attachments RECEIVED CITY OF RENTON HEARING EXAHK". 4 JAN 2 4 1977 AM . VS DlO M2, r - > A - Er % PUBLIC WORKS DEPARTMENT 2 Po Ft < = at <2, 3 BUILDING DIVISION 235-2540 2, meme bs: “EP oe MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 "4 ?, we E, € ss = O sept January li, 1977 CHARLES J. DELAURENTI MAYOR TO: Planning Department FROM: Jim Hanson SUBJECT: Helberg Short Plat Existing buildings should be shown on plan to insure proper setbacks or fire walls and parking for each building. JCH/mp ee 192 | 1 - de t e e Se SO G Q 8 E " 7 an ar Os al a e ! 5 WAIVER OF OFF-SITE IMPROVEMENTS: Avenue N.E. and N.E. 44th Street. BRUCE HELBERG; THE PRODUCTION CO.; Appl. W-006-77; waiver of off-site improvements for a two lot short plat; property located on Jones APPLICANT BRUCE HELBERG (THE PRODUCTION CO.) totTaL AREA ' 3.5 Acres PRINCIPAL ACCESS Jones Avenue N.E. EXISTING ZONING Bel EXISTING USE Business PROPOSED USE Business COMPREHENSIVE LAND USE PLAN Commercial COMMENTS 0 Li z Av e <e BRUCE HELBERG at SWORT PLAT ww, 35 WAIVER ~ NO, W- 006-77 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENT|, MAYOR @ PLANNING DEPARTMENT 235-2550 January 24, 1977 Bruce Helberg The Production Company 4232 Jones Avenue N.E. Renton, Washington 98055 REGARDING: APPLICATION FOR; WAIVER--#W-006-77 Ab SHORT PLAT #35-77+— Dear Mr. Helberg: Attached for your information is a copy of the Planning Department Staf* Report regarding the abovementioned application. If you have any questions, please contact this department. Very truly yours, Gordon Y. Ericksen Planning Directon- - ~~ y Pi “ a: Pai 5 eh Shee 0 Michael L. Smith ‘Associate Planner MLS:ms Attachment CITY OF RENTON PLAT APPLICATION A OF RE > KS alflty “2006-99 —- LJarver FILE NO. 25-47% (Sher 4%} DATE REC'D 4-/4-/76 X SHORT PLAT MAJOR PLAT TENTATIVE FEE $$ 30 PRELIMINARY P RECEIPT NO. /O2Y¢I9G FINAL \ oe SM NO. mies % PUD NO. : Ve —~, CC D tt (Lines! -ftk. JO Ke<pef Po yogi) L 7 - Q) A P 4 _ o¢ bet” pol 7b Pte ~ (ret \ Lt = APPLICANT TO COMPLETE ITEMS 1 THROUGH 7: l. Plat Name & Location Lots 2 and 3, Block 2 of Hillman's Lake Washinaton Garden of Eden Addition to Seattle, Div. No. 7, Renton, Washington 2. No. Lots 2 Total Acreage 3.5 Zoning B-1 3. Owner_ The Production Company Phone 255-1777 Address 4232 Jones Ave. N.E., Rentons Washinaton 4. Engineer Phone Address 5. Underground Utilities: Yes No Not Installed Telephone XX _ Electric X __ _ Street Lights — _X Natural Gas __ __ -_ TV Cable _ _ = a 6. Sanitation & Water: /X/ City Water /_/ Sanitary Sewers /_/ Water District No. /_/ Dry Sewers /X/ Septic Tanks 7. \Vicinity and plat maps as required by Subdivision Ordinance 8. DATE REFERRED TO: ENGINEERING frola2 PARKS BUILDING idler HEALTH TRAFFIC ene! flofr7 STATE HIGHWAY FIRE Z (of 20 COUNTY PLANNING BD. PUBLIC WORKS OTHER 9. STAFF ACTION: _4 SHORT PLAT APPROVED f of(Hfr7 DENIED TENTATIVE PLAT APPEALED f EXPIRED " FEARING Seer ny ACTION: ___ PRELIMINARY PLAT APPROVED DENIED ___FINAL PLAT APPEALED EXPIRED » CITY COUNCIL ACTION: ____ PRELIMINARY PLAT APPROVED DENIED ___ FINAL PLAT APPEALED EXPIRED DEFERRED IMPROVEMENTS: DATE DATE BOND NO. & TYPE GRANTED EXPIRES AMOUNT Planning Dept. Rev. 12/71 AFFIDAVIT We XK, THE PRODUCTION COMPANY , being duly sworn, declare that ry are a the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this /th day of December , 19 76; Notary Public in and for the State of Washington, residing at Medina ‘ THE PRODUCTION COMPANY Name of Notary blic) (Signature of Owner) Cc’ Bruce Helberg 10116 N.E. 8th St., Bellevue 10112 N.E. 10th St. (Address) (Address) Bellevue Washington (City) (State) 455-2222 (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department ch application. governing the filing _o ate Received VERN Renton Planning Dept. 2=<7'3 Aurea Sree ose teenie? NOLECL OF PUB TO HEARING RENTON LAND USE HLARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER Al WLS REGULAR MELTING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON JANUARY 31 » 1977. , Al 9:00 A.M. TO CONSTDER iil FOLLOWING PETITIONS: 1. REZONE FROM R-2 TO B-1; file No. R-001-773; property located on Sunset Boulevard between N.E. 12th Street and Monroe Avenue N.E. 2. EXCEPTION TO SUBDIVISION ORDINANCE; file No. E-002-77; property located in the vicinity of 3702 Lake Washington Boulevard N. ¥ 3. | WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT PLAT; file No. W-003-77; property located in the vicinity of 3702 Lake Washington Boulevard N. 4, REZONE FROM S-1 TO SR-1; file No. R-004-77; property located at 807 Union Avenue N.E. 5. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO. LOT SHORT PLAT; file No. W-006-77; property located on Jones Avenue N.E. and N.E. 44th Street. Legal descriptions of all applications noted above on file in the Renton Planning Department. MLE INTERESTED PERSONS 10 SAID PETITIONS ARE TNVETED Toa Bl PRESENT AI PME PUBLIC HLARING ON JANUARY SL, L977 AL 8:00 ALB. LO L7VRESS THEIR OPINIONS. ; _ GORDON Y, ERICKSEN UBLISHED January. 21,.1977._. RENTON PLANNING DIRECTOR CERTIFICATION iT ‘MICHAEL L. SMITH —,:-~CHEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn to before me, a Notary Public, on the (@ _ a of “Sanuacy 19 = . . 4 at uevall aie my ALS 4 a . - P « é THE CITY OF RENTON bg 84> Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 zZ (=) re) a s CHARLES J. DELAURENT!, MAYOR @ PLANNING DEPARTMENT *% ef 235-2550 January 18, 1977 Bruce Helberg The Production Company 4232 Jones Ave. N.E. Renton, WA 98055 RE: NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR Waiver of Off-site Improvements Application, File No. W-006-77 Gentlemen: The Renton Planning Department formally accepted the above mentioned application on January 13, 1977_ . A public hearing before the City of Renton Hearing Examiner has been set for January 31, 1977 Representatives of the applicant are asked to be pre- sent. All interested persons are invited to attend the hearing. If you have any further questions, please call the Renton Planning Department, 235-2550. Very truly yours, Gordon Y. Ericksen Planning Director By: Associate Planner wr i a 5 ¥ = z PUBLIC WORKS DEPARTMENT 2 of 3 BUILDING DIVISION 235-2540 %, — a MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 (8) ae "ED sepre™ January 11, 1977 CHARLES J. DELAURENTI “ MAYOR TO: Planning Department FROM: Jim Hanson SUBJECT: Helberg Short Plat Existing buildings should be shown on plan to insure proper setbacks or fire walls and parking for each building. JCH/mp INTERDEPARTMENTAL REVIEW REQUEST TO: PUBLIC WORKS DIRECTOR BUILDING DIVISION ENGINEERING DIVISION TRAFFIC ENGINEERING DIVISION UTILITIES DIVISION e k e FIRE DEPARTMENT HEALTH DEPARTMENT FROM: PLANNING DEPARTMENT AY/CHAED Ati TH Contact Person RE: EL UC oT bo, 35-77 alt? And! LIA. {Vig (Mi D« W-peb-77_) — Please review the attached information regarding the subject proposal and return it to the Planning Department by TTAw). JS /977 with your written recommendation.” Your response will be included as part of the staff report to the Hearing Examiner. Thank you, PLANNING DEPARTMENT We lZ LA Date Nhe 77 / t DECLARATION OF RESTRICTIVE COVENANTS WHEREAS, — THE PRODUCTION COMPANY, , 3) ’ 3 > is raxkxk the ownerX of the following real property in the City of Renton, County of King, State of Washington, described as Exhibit '‘'A' attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described real property. NOW, THEREFORE, the aforesaid owner(s) hereby establish, grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The owner(s) of the above described property, their suc- cessors, heirs and assigns, hereby agree and covenant to participate in, sign a petition in support of, and accept any future Local Improvement District (LID) or city initia- ted proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improve- ments shall include but may not be limited to the installa- tion of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrounding of utilities, and Street lighting. These covenants are imposed in lieu of Section 9-1105(6) of Title IX of Ordinance #1628 of the City of Renton. DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. > _ THE PRODUCTION COMPANY BY: ae C Le ([ fel (ee x Bruce Helberg STATE OF WASHINGTON) COUNTY OF KING ) On this 7th day of December » 19 76, before me personally appeared — Bruce Helberg ’ . ’ the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person(s) for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and Yor the State of Washington, residing at _ Medina ; a EXHIBIT "A" Legal Description: Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Div. No.7, as per plat recorded in Volume 16 of Plats, on page 18, records of King County; Situate in the City of Renton, County of King, State of Washington. KENNETH J. OYLER CIVIL ENGINEER & LAND SURVEYOR P.O. Box 2258 e Renton, Wa 98055 255-5050 ~ a THs ieG@e lo, TP7> = Basen zm wk Fas Ce per eB 5 anil Planning Sommission, Ciuy of tenton SA el oe as Te mee = s, - . . Re; Proposed Short Plat s7 ". Helberg Te a ws fons San Sas ‘se 4 ws at mn wet ’ + = 3 es, LEh bee SuUbNLSSisa of BNLS Sort plat, a waiver THD Sere Ty * ® same 9 ) amieaimeeciaikcnee arlene eS) belneg recuested,. 7/6 Fb ae re 2 i ra x 7 STOP STOP STOP_ STOP STOP! DOCUMENTS UNDER THIS NOTICE HAVE BEEN MICROFILMED. DO NOT REMOVE NOTICE FROM FILE. NEW FILING SHOULD BE ADDED ON TOP OF NOTICE. PAGES REMOVED UNDER THE NOTICE FOR COPYING MUST BE RETURNED 10 THE SAME PLACE UNDER THE NOTICE. i ccomasuaamineaaisacsemteaeemenate eae oT OP! STOP STOP STOP’ STOP - a Aftida vit of Publication Aes ose WASE {I Yon - a “Oe NTY - 38 oath, deposes and says that ......2:.. is the 2 : ‘ THE RENTON RECORD-CHRONICLE, a newspaper published four (4) times a week. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published in the English language continually as a news- paper published four (4) times a week in Kent, King County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. That the Renton Record-Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published, to-wit, King County, é..& 2 ewe y Washington. That the annexedisa.......: rdteeie rleivsus emer orn eas URGE! Be a iesenseseteoneie TSI mdse Cauri nr xaniine atitions saat Re ee OE Oa iin ies ARRON AECE as it was published inregular issues (and not in supplement form of said newspaper) once each issue for a period ea ae a ee consecutive issues, commencing onthe } > re mene Uh... MRT ocirw Somnath ~asenetnuncarannmni 19..........,and ending the bocce eeees GAVE semernnsnneinsion/eaesGEQtR Hae naman siemens ciennsemreey Lh Onageeresy, DOtMGAates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee 4 charged for the foregoing publication is the sum of $.: cts @...4, which has been paid infullattherateof per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. alko$ Ce he OE ye, bee FOG oe a, Vv v Subscribed and sworn to before me this............. Seine Bpscasmenmmmnney day of cette reece eee e teen eee e renee , 194 Mas SI? ie Lf a a an Me id ME cheep. residing at Kent, King County. 4 — Passed by the Legislature, 1955, known as Senate Bill 281, effective June 9th, 1955. — Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON JANUARY 31, 1977, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1. REZONE FROM R-2 TO B-1; file No. R- 001-77; property located on Sunset Boulevard between N.E. 12th Street and Monroe Avenue N.E. 2. EXCEPTION TO SUBDIVISION ORDINANCE; file No. £-002-77; property located in the vicinity of 3702 Lake Washington Boulevard N. 3. WAIVER OF OFF- SITE IMPROVE- MENTS FOR A TWO LOT SHORT PLAT; file No. W-003-77; property located in the vicinity of 3702 Lake Washington Boulevard N. 4. REZONE FROM S-1 TO SR-1; file No. R- 004-77; property located at 807 Union Avenue N.E. 5. WAIVER OF OFF- SITE IMPROVE- MENTS FOR A Two property—tocate Jones Avenue N.E. and N.E. 44th Street. Legal descriptions of all applications noted above on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON JANUARY 31, 1977, AT 9:00 A.M. TO EXPRESS THEIR OPINIONS. GORDON Y. ERICKSEN RENTON PLANNING DIRECTOR Published in The Renton Record-Chronicle January 21, 1977. R4142 aO0rvary 7, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION. APPLICANT: Bruce Helberg/The Production FILE NO. #35-77 Company Short Plat W-006-77 Waiver LOCATION: Located directly southeast of the May Creek Freeway interchange at the southeast corner of Jones Avenue N.E. and N.E. 44th Street, SUMMARY OF REQUEST: Applicant requests a two-lot short plat. The northerly lot to be 344' x 297' or 2.4+ acres with the northerly existing building. The southerly lot to be 170° x 297" or lal+ acres with the southerly existing building. The applicant also requests a waiver of off- site improvements because no similar improvements exist in the general area. SUMMARY OF Planning Department: Recommend approval subject RECOMMENDATION: to conditions. Hearing Examiner: Recommend approval subject to conditions. PLANNING DEPARTMENT The Planning Department staff report was received REPORT: by the Examiner on January 24, 1977. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on January 31, 1977, at 1:50 p.m. in the Council Chambers of the Renton Municipal Building. Neither the applicant nor his representative was in attendance. The Planning Department staff report was entered into the record by reference. Gordon Y. Ericksen, Planning Director, summarized the Planning Department preliminary report and entered the following exhibits: Exhibit 1: Zoning Map. Exhibit 2: Land Use Site Map. Exhibit 3: Helberg Short Plat Map, received on January 14, 1977. Exhibit 4: Letter from Public Works Director, dated January 28, 1977, re Waiver Application. Letter was read into the record by the Hearing Administrative Assistant. In regard to the application for waiver, the Planning Director indicated that the applicant is not opposed to signing restrictive covenants for off-site improvements. The Examiner requested additional information from the Public Works Director, Warren C. Gonnason, regarding his letter recommending denial of the request for waiver. Mr. Gonnason reported on the status of improvements in the general area and indicated that there are no existing curbs, gutters, sidewalks or drainage facilities in the surrounding area. In order for the applicant to proceed with / #35-7/ - Short Plat Page Two W-006-77 - Waiver the installation of off-site improvements consistent with the other areas, it would require the setting of pavement widths, grades where curbs and gutters would be installed, and a detailed design for drainage. The city does not have plans detailing these matters sufficiently for the applicant to proceed with the development. If it is the desire of the Hearing Examiner or the city to require off- site improvements, it would be necessary to have those plans so that the applicant could accomplish the work. The Examiner asked the Public Works Director if those plans would be part of the department's work schedule for 1977, and he responded that they would not. The hearing on Item #35-77 and Item W-006-77 was closed by the Examiner at 2:00 p.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The property was posted and advertised according to law and there were no representatives speaking for or against the application. 2. The Planning Department report accurately sets forth the issues, findings of fact, applicable policies and provisions, and department recommendations in this matter. This report, being uncontested, is incorporated by reference into the Examiner's final findings. 3. The property has been zoned B-1l since 1963 with covenants establishing easterly 25 feet as a landscape buffer. A 5-foot utility easement was also granted to the city along the easterly property line. The property is occupied by two commercial buildings connected by a breezeway exit. Each building has an adjacent parking area. 4. It has been determined that the short plat and waiver will not have any negative impact on natural, social or environmental systems. CONCLUSIONS: Short Plat: 1. The proposed property division does not significantly detract or alter the existing character of the site. 2. The boundary was requested to facilitate the separation of the two buildings to accommodate potential resales. Waiver: 1. The Public Works Director, Warren C. Gonnason, noted the absence in the general area of curbs, gutters, sidewalks or drainage facilities. Therefore, to provide the applicant with established grade lines for the installation of off-site improvements consistent with the area would be difficult because the city does not have sufficient detailed plans to enable the applicant to proceed with the development. The Public Works Department work schedule will not be able to make provision for such plans in 1977. Mr. Gonnason and the Planning Department recommend that the requested waiver be denied, and in lieu, recommend the approval of an indefinite deferral of the off-site improvements subject to the signing and filing of restrictive covenants in which the owner agrees to participate in a Local Improvement District for such improvements at a future date. #35-77 - Shoic Plat Page Three W-006-77 - Waiver Waiver: 2. A declaration of off-site improvements and the future participation in an L.I.D. has been signed by Bruce Helberg and will be recorded in due procedure in King County. RECOMMENDATION: Short Plat: Approval. Waiver: Approval of the waiver subject to the recording of the Declaration of Restrictive Covenant document. ORDERED THIS 7th day of February, 1977. TRANSMITTED THIS 7th day of February, 1977 by certified mail to the party of record: Bruce Helberg TRANSMITTED THIS 7th day of February, 1977, to the following: Mayor Charles J. Delaurenti Councilman George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Don J. Smith, Renton Record-Chronicle Pursuant to Ordinance No. 3071, Section 4-3015, request for reconsideration or notice of appeal must be filed in writing on or before February 14, 1977. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedures, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days of the conclusion of the hearing. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 CHARLES J. DELAURENT!, MAYOR @ PLANNING DEPARTMENT a 235-2550 2 <C “A » we "ED cept January 24, 1977 Bruce Helberg The Production Company 4232 Jones Avenue N.E. Renton, Washington 98055 REGARDING: APPLICATION FOR; WAIVER--#W- -— 006-77 AND SHORT PLAT #35-77 Dear Mr. Helberg: Attached for your inforination is a copy of the Planning Department Staft Report regarding the abovementioned application. If you have any questions, please contact this department. Very truly yours, Gordon Y. Ericksen Planning Directon ~ ? , ; a is" 7 — Of * enti eect 7 Michael L. Smith Associate Planner MLS:ms Attachment Ay > & og 3 PUBLIC WORKS DEPARTMENT 2 = 3 WARREN C. GONNASON, P.E. © DIRECTOR pe came 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 - 206 235-2569 By © °, CHARLES J. DELAURENTI MAYOR January 28, 1977 1G: JAMES L. MAGSTADT Hearing Examiner FROM: WARREN C. GONNASON Public Works Director RES WAIVER APPLICATION #W-006-77 Bruce Helberg/The Production Company It is the recommendation of the Public Works Department that the request for waiver of off-site improvements be denied. In lieu thereof, we recommend the approval of an indefinite deferral of the off-site improvements subject to the signing and filing of restrictive covenants in which the owner agrees to participate in an LID for such improvements at a future date. vA Lyf A Ci Pritt teat WCG:cah cc: Planning Department Building Division Engineering Division RECEIVED CITY OF RENTON HEARING EXAMINER be JAN 3 11977 , 1,:2:3:4:516 CA Sg ae ZB Dili: (213141516 Cy perk t 4 ‘ . ee e "% oe ae i al a re s i ai e ‘ ‘ 8 F : ‘ z “¢ ; . A 2 A ; ‘, ; . We s i - < 7 F ; : : " - _ - i < * - Pe a t bf : ’ - E 7 es l “ ; ; i ~ 5 . 7 : - Z - a 3 So he ea s 7 . 7 * a, HG ‘ be ri ; 2 a - aa y “ im ‘ : - - ao - nl er n % Sa p : Be . Be we e aa y ® 5 i ‘ - cs 7 co n e i iS . * 2 : : 2 +x * * = a fe . hd . ¥ - rs . ‘ . 7 ae - 6 . $ \ € : : 7 7 ey i - i Lo s in PS a . He w gt Ee ss : - “5 ee n = * or o - sy we a l iS 2 ‘ S = “a d 2 ‘ ‘ - ; co + i z sa t _ ' mo e 7 ~ ¢ i : x 2 $ a to 7 “4 a & oO 3 2 PUBLIC WORKS DEPARTMENT 2 - WARREN C. GONNASON, P.E. * DIRECTOR 3 oa a MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 - 206 235-2569 A o) & ®, ep sepre™ CHARLES J. DELAURENTI MAYOR January 28, 1977 TO: JAMES L. MAGSTADT Hearing Examiner FROM: WARREN C. GONNASON Public Works Director RE; WAIVER APPLICATION #W-006-77 Bruce Helberg/The Production Company It is the recommendation of the Public Works Department that the request for waiver of off-site improvements be denied. In lieu thereof, we recommend the approval of an indefinite deferral of the off-site improvements subject to the signing and filing of restrictive covenants in which the owner agrees to participate in an LID for such improvements at a future date. WCG:cah cc: Planning Department Building Division Engineering Division Helberg NOTICE OF PURE TOC HEARTNG RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER Al WIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON JANUARY 31, 1977, AT 9:00 A.M. TO CONSIDER iHLE FOLLOWING PETITIONS: 1. REZONE FROM R-2 TO B-1; file No. R-001-77; property located on Sunset Boulevard between N.E. 12th Street and Monroe Avenue N.E. 2. EXCEPTION TO SUBDIVISION ORDINANCE; file No. E-002-77,; property located in the vicinity of 3/702 Lake Washington Boulevard N. 3. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT PLAT; file No. W-003-77; property located in the vicinity of 3702 Lake Washington Boulevard N. “4. REZONE FROM S-1 TO SR-1; file No. R-004-77; property located at 807 Union Avenue N.E. ¥ 5. | WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT PLAT; file No. W-006-77; property located on Jones Avenue N.E. and N.E. 44th Street. Legal descriptions of all applications noted above on file in the Renton Planning Department. All INTERESTED PERSONS TO SAID PETITIONS ARE INVETED TO BE PRESENT AI Ht PUBLIC HEARING ON JANUARY 31, 1977 Ai 9:00 ALM. 10 LAPRESS THEIR OPINIONS. GORDON Y. ERICKSEN PUBLISHED _ January 21, 1977 RENTON PLANNING DIRECTOR CERTIFICATION 1, MICHAEL L. SMITH —,:-CHEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn to before me, a Notary Public, on the \@ day of Sanussy stcneo A 19 “C7 py f ZA { MA a ciecsh ot =—, \\ \ AUN Ta X. \\\ ‘i Ja ie a] - Sane Taam eat as +. Yangt Dlanning vommission, Tloy of (anton — | Sint Se : 263; Proposed Short Plat 7 2. Halvere ‘4a the of this s’\.ort plat, a waiver of Cree eT ae te ade — Lov veweell is being requested. sre ave no similar improvements in the immediate KENNETH J. OYLER CIVIL ENGINEER & LAND SURVEYOR P.O. Box 2258 «* Renton, Wa 98055 255-5050 HS 75 _ X SHORT PLAT ___ MAJOR PLAT ___ TENTATIVE ____ PRELIMINARY ___ FINAL ce Lapt * iit =~ bay tt ) CITY OF RENTON PLAT APPLICATION SY QV SS DEPRE vz ie. 26 eo FILE NO. 35° LO Lb 1 ee ee tt (Sherk thf | DATE REC'D 4£-y7-/G.. JS FEE S SP ce RECEIPT NO. /O“YC SM NO. PUD NO. ce = ( _ r fe ex D0 he. Ko = Ll oF di SPE ) £. APPLICANT TO COMPLETE ITEMS 1 THROUGH 7: Z 1. Plat Name & Location_Lots 2 and 3, Block 2 of Hillman's Lake Washincton Garden _ of tden Addition to Seattle, Div. No. 7, Renton, Washington 2. No. Lots 2 Total Acreage 3.5 Zoning B-] - Owner_ The Production Company Phone 255-1777 Address _ 4232 Jones Ave. N.E., Rentons Washington 4. Engineer Phone Address 5. Underground Utilities: Yes No Not Installed Telephone a — Electric —X __ _ Street Lights OL _ a Natural Gas _ _ _X TV Cable _ _ _X 6. Sanitation & Water: 7G City Water / / Sanitary Sewers /_/ Water District No. /_/ Dry Sewers /X/ Septic Tanks 7. Vicinity and plat maps as required by Subdivision Ordinance 8. DATE REFERRED TO: ENGINEERING WE a ML PARKS BUILDING e227 HEALTH TRAFFIC ENG. /@ol77 STATE HIGHWAY FIRE 'fO/27 a? COUNTY PLANNING BD. PUBLIC WORKS OTHER 9, STAFF ACTION: "/ snone PLAT APPROVED S oly DENIED __. TENVATIVE PLAT APPEALED # EXPIRED 0. we ee N ACTION: ____ PRELIMINARY PLAT APPROVED DENIED ___FINAL PLAT APPEALED EXPIRED ll. CITY COUNCIL ACTION: ____ PRELIMINARY PLAT APPROVED DENIED ___ FINAL PLAT APPEALED EXPIRED 12. DEFERRED IMPROVEMENTS: DATE DATE BOND NO. & TYPE GRANTED EXPIRES AMOUNT Planning Dept. Rev. 12/71 AFFIDAVIT x, THE PRODUCTION COMPANY , being duly sworn, declare that a ere am the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. Subscribed and sworn before me this /thday of December » 19 76» Notary Public in and for the State of Washington, residing at Medina - THE PRODUCTION COMP b sw COMPANY Nu p Bre Mecberg (Name of Notary blic) (Signature of Owner) a Bruce Helberg 1UITS NE. 8th St., Bellevue 10112 N.E. 10th St. (Address) (Address) Bellevue Washington (City) (State) 455-2222 (Telephone) (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Pianning Department governing the filing ch application. —- = a i 2 now A O: CLA aes / < ia “SY 5 H PR aE POS rw Date Received /<—> ¢ ch tah, 19 By: [s) = oe a 3 : | es, Renton Planning Dept. a, 2-73 DECLARATION GF RESTRICTIVE COVENANTS WHEREAS, | THE PRODUCTION COMPANY, = wXKK the ownerk of the following veal property in the City of Renton, County of King, State of Washington, describec as Exhibit ‘A’ attached hereto. WHEREAS, the owner(s) of said described property desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described reai property. NOW, THEREFORE, the aforesaid owner(s) hereby establish, Grant and impose restrictions and covenants running with the land hereinabove described with respect to the use by the undersigned, their successors, heirs, and assigns as follows: INSTALLATION OF OFF-SITE IMPROVEMENTS The owner(s) of the above described property, their suc- cessors, heirs and assigns, heredy agree and covenant to participate in, siqn a petition in support of, and accept any future Local Improvement District (LID) or city initia- ted proposal, and pay their fair share therefore, for the purposes of providing the necessary off-site improvements required by the Renton Subdivision Ordinance. Said improve- ments shall include but may not be limited to the installa- tion of curbs, gutters, sidewalks, street paving, sanitary sewers, storm sewers, undergrounding of utilities, and Sireet lighting. These covenants are imposed in lieu of Section 9-1105(6) of Ti cte IX of Ordinance #1628 of the City of Renton. cL DURATION These covenants shall run with the land and expire on December 31, 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improve- ments as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by said breach. > _ THE PRODUCTION COMPANY > _ BY: ywcce (rellers, Bruce Helberg STATE OF WASHINGTON) COUNTY OF KING ) On this 7th day of December » 19 76, before me personally appeared — Bruce Helberg > ’ > the person(s) who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said person(s) for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \) Notary Public in and ¥or the State of Washington, residing at Medina __- EXHIBIT "A" Legal Description: Lot 2 AND the North 85 feet of Lot 3 in Block 2 of C.D. Hillman's Lake Washington Garden of Eden Addition to Seattle, Div. No.7, as per plat recorded in Volume 16 of Plats, on page 18, records of King County; Situate in the City of Renton, County of King, State of Washington. Pace AT RRO OT NL AM NOPICE OF PURE TC TE ARTNG RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON \ PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER Al HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON JANUARY 31. 5 1977, AT 9:00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1. REZONE FROM R-2 TO B-1; file No. R-001-773; property located on Sunset Boulevard between N.E. 12th Street and Monroe Avenue N.E. 2. EXCEPTION TO SUBDIVISION ORDINANCE; file No. E-002-77; property located in the vicinity of 3702 Lake Washington Boulevard N. 3. WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT PLAT; file No. W-003-77; property located in the vicinity of 3702 Lake Washington Boulevard N. “4. REZONE FROM S-1 TO SR-1; file No. R-004-77; property - located at 807 Union Avenue N.E. 3 5. | WAIVER OF OFF-SITE IMPROVEMENTS FOR A TWO LOT SHORT PLAT; file No. W-006-77; property located on Jones Avenue N.E. and N.E. 44th Street. . Legal descriptions of all applications noted above on file in the Renton Planning Department. Alt INTERESTED PERSONS TO SAID PLEITIIONS ARE TNVETED TO bE PRESENT AY HHL PUBLIC HEARING ON JANUARY 31, 1977 Al 9:00 ALM. 10 LAPRESS THEIR OPINIONS. GORDON Y. ERICKSEN PUBLISHED January 21, 1977 RENTON PLANNING DIRECTOR CERTIFICATION 1, MICHAEL L. SMITH —S——,:-«CHEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn to before me, a Notary Public, on the \@_ day of Senwane! _» DA 19 (t_.. J SIGNED fe 4 i ‘ ({ 7 Lvaarh Sy. \ AB rol ra A ~ w& Ta yy GY 8A > z 54 wh -. § oO = ~ % © Op & \e) ep sepre™ CHARLES J. DELAURENTI . # MAYOR PUBLIC WORKS DEPARTMENT BUILDING DIVISION 235°2540 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 January 11, 1977 TO: Planning Department FROM: Jim Hanson SUBJECT: Helberg Short Plat Existing buildings should be shown on plan to insure proper setbacks or fire walls and parking for each building. afi jie JCH/mp ef f a a ee etn Se e ee ee ea te b u g r e se t e Us ON Aa s ar m Oe ee ar e Fo o a SR na e tr e PR L S PA R O L E TR E W E SH OY Re ms sey ; THE CITY OF RENTON & 4 Py + fe 4, > ps ¥ = Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 rs (= 6 wall 2 CHARLES J. DELAURENTI, MAYOR @ PLANNING DEPARTMENT % ny 235-2550 & January 18, 1977 Bruce Helberg The Production Company 4232 Jones Ave. N.E. Renton, WA 98055 NOTICE OF APPLICATION ACCEPTANCE AND PUBLIC HEARING DATE FOR Waiver of Off-site Improvements Application, File No. W-006-77 RE 3 Gentlemen: The Renton Planning Department formally accepted the above mentioned application on _ January 13, 1977 . A public hearing before the City of Renton Hearing Examiner has been set for January 31, 1977 __. Representatives of the applicant are asked to be pre- sent. All interested persons are invited to attend the hearing. If you have any further questions, please call Renton Planning Department, 235-2550. Very truly yours, the Gordon Y. Ericksen Planning Director fi > fo gfe 2 By: Lt 2 (ee Mee Mychae . Smyth OO Associate Planner wr , ENDING OF FILE 035-77