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HomeMy WebLinkAboutLUA82-026-fix color pgsBEGINNING F FILE Mit 20Fli El FILE TI li,,f , ,,, 1 1 a.— D 8 a. qi i Applicant E & B DEVELOPERS, INC. i R-026-82FileNo. Project Name SAME I South side of: S .W. Grady !'Jay and Property Location north side of S.W. ' 12th :S'treet between Seneca Avenue S.W. I and Kaymond Avenue ,S.tl.. HEARING EXAMINER: Date . 5-24-82. x 1 Recommendation Approval with restrictive covenants i 44),AiOn- s310 ,110 a./ 6-7-82 Date Response 6-10-82 Req./Rec. Date Received 1 I Appeal - Date Received Council Approval - Date o,.. ,.:.., i u Date l'. Ordinance 3 l 5 o'. Mylar to County for Recording Mylar Recording # I Remarks: i. b . 44 ' I I I. jpio.,.:...,,,,,„•,, . 4, f,;::>r 'i s ;:it y 1.JPI'fi y"i 1't.tk•:'d1ii irc. 1.e r Fin (. .'' au,: akJ ti_ -- , ,;.-.• r{Ui•...: .),,, na. , .A ,,h'F` "',,, rt„a''.",,,,, t ttEfi' y..,! 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' • e..'`i +t, w'...• a+ y!N`.j„.......J'.' • dam 4,.• .. ,,,,,.*..3'',,.w. ... . .,c.- .,w-.**•'i :,,,..,,,Y :2',e' , r'.' t4r`4.,'" ., ,,,-* F••:.- a'/....,2.ok.`t Y. k..n+.r`•4 w r F.x:;:..,.. `,t`7,.. •lfi;X r"k?;p'T+.cA a.ti x`r "*f, rarat 1uc -aovv ar I tary, was recognized 6 00- Wednesday as"Princip- 7:05I al of the Year"an annu- Wed.7:00—B al award sponsored by 8:05. IAidavitofPublication theHighlineAssocation PastorWall of Washington School WHERE.1 Principals. ` JFSTATEOFWASHINGTON ss TWo students also iCOONYOFKING7wnrero.'...,.iiV(br((N C iv -cav—v... DAIN AS FOLLOWS: SECTION I:The following described property in the Audre. De Jai e being first duly sworn on CityrezonedbyfRentonoBunessDistricte B-1) as hereinbelow oath,deposes an. says that S-130' is the chief clerk of specified: The Building & Zoning Director is herebyTHEDAILYREIORDCHRONICLE,a new,published six(6)times a authorized and directed toweek.That said ewspaper is a legal newspaper and it is now and has been CITY OF RENTON , change the maps of theformorethansxmonthspriortothedateofpublicationreferredto, WASHINGTON Zoning Ordinance, asprintedandpublshedintheEnglishlanguagecontinuallyasanewspaper ORDINANCE NO.3652 amended, to evidence saidpublishedfour(41 times a week in Kent,King County,Washington,and it is now and during .II of said time was printed in an office maintained at the An Ordinance of the City rezoning, subject to the re aforesaid place if publication of said newspaper.That the Daily Record of Renton, Washington port of the Hearing Examiner Chronicle has be•n approved as a legal newspaper by order of the Superior I changing the zoning classifi; as amended by the City Court of the Cou ty in which it is published,to-wit,King County, cation of certain properties Council,to-wit: within the City of Renton Parcel A from General Classification Lots 1 through 5, Block Washington.Tha the annexed is a... . 3652 G-1) and Light Industrial 28, C.D. Hillman's`E°1 3]f31 E' !4 ffi Ear- District (L-1) to Business lington Gardens Addition District(B-1) (R-026-82 E& to the.-City of Seattle n*6254 B Developers, Inc) Division:No.1,according . WHEREAS under Chap- to the, plit„thereof as. ter 7,Title ly(Building Regu- recoiled in Volume 17 of as it was published in regular issues(and , lotions) of Ordinance' No. Plais;'page74,-,Records not in suppleme t form of said newspaper) once each issue for a period 1628 known as the"Code of o f K i n g C o'u n t y, I General Ordinances of the Washington. I City of Renton",as amend- v Parcel,B ed, and the maps and re- Lots 26 through 28, of 1 'consecutive issues,commencing on the i ports adopted in conjunction Block-28,C.D. Hillman's ' therewith, the property Earlingion Gardens Ad- hereinbelow described has dition to the City of Seat-1.5-th.day of o3C.i:obex' 19 6?and ending the . heretofore been zoned as tle,•Division No. 1, ac- t General Classification(G-1) cording,to:the plat there- and Light Industrial District of as recdrded:.in Volume dayof T 19....R.' both dates ( L-1);and 17 ;of;Plgts,5•page..74; irtc5u r e, and the t suc P per was regularly distribu e`d to its sub- WHEREAS a proper peti- Records ofirtg Coun , ,;,J g ytion for change,of zone' Washin ton. ty scribers during :11 of said period. That the full amount of the fee g g ^ ' 'Y classification of said proper- (Said property being lo- . ty has been filed with the ,cated at the South;si'de'of charged for'the foregoing publication i the sum of $.63.e.QQwhich Building & Zoning Depart- S.W: Grady'Way arid has been paid in ull at the rate of per folio of one hundred words for the ment on or about March 26, north side of S.W. 12th first insertion an• per folio of one hundred words for each subsequent 1982, which petition was Street betuveenilSeneca insertion. I duly referred to the Hearing - A v e n u e S.E.,': a n d Examiner for investigation, Raymond;Avenue S.W.) C study and.public hearing, AND SUBJECT FURTHERehzandapublichearinghavingtothatcertambeclarationof been held thereon on or Restridtive'i, ovenants ,ex- I about May 11, 1982, and ecuted bk 'Petitioner-Own- ny•e f 1. rk said matter having been duly ers on or'aboiit`Sept'14,' considered by the Hearing 1982 and recorded, in the Examiner and the conditions office of the;Director'.•of Re- Subscribed and s urn to before me this j•5,;h day of having been appealed to the cords and Elections,Receiv- I City Council of the City of ing No.' 82101 10321 and Renton and the City Council which said Covenants are , I having modified the Hearing hereby incorporated and 1 Examiner Decision and said made a part hereof as if fully i zoning request being in con- set forth. , i Notary Public in d for the State of Washington, I formity with the City's Corn- - SECTION II: This Ordi- residing a t,King County. i Prehensive Plan,as amend- lance shall be effective up- t ed, and the City Council on its passage,approval and Passed by the egislature,1955,known as Senate Bill 281,effective June 9th, 1955. Western Unio I Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. VN#87 Revised 5/82 I DECLARATION OF RESTRICTIVE COVEN{AN;' ' WHEREAS, E & B Developers, Inc. , a Washington Corporation, is the owner of Parcel A of the following described real property, 1 and James W. Dalpay ,• as his rtypseparateroe Cl p p GP Bruce L. Gould and Doris E. Gould, husband and wife, and Gary 0.Ti 0 Budd and Karmen J. Budd, husband and wife, are the owners of OD Parcel B of the following described real property, said real property all being located in the city of Renton, county of King, state of Washington, and being described as follows : PARCEL A: Lots 1 through 5, Block 28, C.D. Hillman' s EarlingtonGarden' s Addition to the City of Seattle, Division No. 1, according to the plat recorded in Volume 17 of Plats page 74 , in King County, Washington PARCEL B: Lots 26 through 28 inclusive, Block 28 , C.D. Hillman' s Earlington Garden' s Addition to the City of Seattle, Division No. 1, according to the plat recorded in Volume 17 of Plats, page 74, King County, Washington. WHEREAS , the owners of the above described properties set forth as Parcel A and Parcel B desire to impose the following restrictive covenants running with the land as to use, present and future, of the above described real properties; and WHEREAS , the restrictive covenants hereinafter described shall cancel, remove and supersede those certain restrictive covenants imposed on Parcel B hereinabove described under that certain document signed on April 6 , 1979, and recorded on April 16 , 1979 , under King County Auditor' s File No. 7904160606; NOW THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of the land hereinabove described with respect to the use by the undersigned their successors, heirs and assigns, as follows : 7 rl rh T 1— ; 4 pi X CITY CUP1< R W1On' MtikreAL 11LDI r LANDSCAPED AREAS 1) Ls to Parcel A: A minimum 5 foot landscape strip shall be provided adjacent to and along the Northerly property line adjacent to South est Grady Way. A minimum 5 foot landscape strip shall be provided adjacent to and along the Westerly property line. 1 ) A minimum 5 foot landscape strip shall be provided adjacent to and along the Easterly property line adjacent to 1; Seneca Avenue Southwest. 2) •,s to Parcel B: 4 ) A minimum 10 foot landscape strip shall be provided adj'ac-nt to and along the Southerly property line adjacent to South est 12th Street. A minimum 5 foot landscape strip shall be provided adjacent to and along the Northerly property line. A minimum 5 foot landscape strip shall be provided adjac-nt to and along the Westerly property line. A minimum 5 foot landscape strip shall be provided adjac-nt to and along the Easterly property line. The landscape setback requirements along the westerly and/o easterly property lines of Parcel B may be removed provided that the adjacent property or properties is owned by th- same owner as Parcel B and provided, further, that said adjacent property is zoned and utilized for the same or a campa 'ble use as is Parcel B. DURATION hese covenants shall run with the land and expire on Decem.er 31, 2025. If at any time improvements are installed pursu.nt to these covenants , the portion of the covenants pertaining to th- specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further docu entation. 2- 1 A y 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 subjecu property who are adversely affected by said breach. Reas,on.:ble attorney' s fees incurred during an enforcement proceeding shall be borne by the parties whom the court determines are 'in error and shall be entered as a judgment in such action. E & B DEV .-= 'ERS . r4 By I' i. Spro t, P esident C Jame-E W. ..Dalpay fir NMI I Bruce L. Gould Doris E. Gould 1(151 Gary Budde J 042.4—) Karmen J. Budd J STATE OF WASHINGTON ) ss . COUNT OF KING on this /4 day of p. ,A, n, , 1982 , before me, the undersigned, a Notary. Public in and for the State of Washington, duly commissioned and sworn personally appeared EUGENE C. SPROUT to m- known to be the President of the corporation that executed the foregoing instrument, and acknowledged the said instrument to be t e free and voluntary act and deed of said corpcir.60on# folr the ses and purposes therein mentioned, and on oat `'st4ted: thiat he i- authorized to execute the said instrument. WITNESS my hand and official seal r to aff c$d' the .clay, and year in this certificate above writte NOTARY PU LI in and for the ,State of Washington, residing at 3- 1 ST' TE OF WASHINGTON ) ss. CO NTY OF KING On this day personally appeared before me JAMES W. DALPAY awe]-gikirPIDrii to me known to be the individuals described in andwhoexecutedthewithinandforegoinginstrument, and acknowledgedth. t they signed the same as their free and voluntary-'adt ,'arid deedFlfogtheusesandpurposesthereinmentioned.CI wmf GIVEN under my hand and official seal is A4Alt` .01 1982.d's+Y °f ttit NOTA UBLIC in and 'fo .Y.the '. tate o f Washington, residing at STATE OF WASHINGTON ) ss. CO TY OF KING I On this day personally appeared before me GX1i2• . 0;,•.BUDD-•,andia lKA-' EN J. 13UD,D, to me known to be the individuals descritbed in andWhoexecutedthewithinandforegoinginstrument, and,,a k'riowedgedthattheysignedthesameastheirfreeandvoluntary. act' acid 'deedfortheusesandpurposesthereinmentioned. GIVEN under my hand and official seal this ozla` day, of1982. NOTARY PUBLIC in and for the State„of Washington, residing at Serittle . • STATE OF WASHINGTON ) ss. COU TY OF KING On this day personally appeared before me 'BRUCE .1,: 'GOULIDCandDORIS' E:'..GOULD, to me known to be the individuals described in andwhoexecutedthewithinandforegoinginstrument, and acknowledgedthatheysignedthesameastheirfreeandvoluntaryactanddeedfortheusesandpurposesthereinmentioned. GIVE under my hand and official se hi r day ofSo1982 , NOT P BL C in and di- ph- ate _ofWh• n on, residing= 4t. , r'r ' ' 13C1 4- I OF THE CITY OF RENTONOIo MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 9 055 o o BARBARA Y. SHINPOCH, MAYOR • CITY CLERK • (206) 2 5-2500 0 CO- 004, gTE0 SEPS Q October 13 , 1982 lAnderson and Jackson, Attorneys at Law 111 Williams Ave. S. IP. 0. .Box 454 ae ton, WA 98057 lAt ention: Robert L. Anderson ISu•ject : Rezone 026-82 E. & B. Devlopers , Inc . 1De:r Mr. Anderson: MTh Renton City Council at its regular meeting of September 16 1982 adopted Ordinance No. 3652 rezoning the property. from General Classification (G-1) and Light Industrial Di. trict (L-1) to Business District (B-1) . ITh- Restrictive Covenants were received, approved by the Ci y Officials and recorded with King Co . Records and Elections irefeiving Recording No. 8210110321 . A recorded copy will be Iseft when we receive the orignal from King Co . A , ovy of the O dinance is enclosed. ye y truly yours , CI Y OF RENTON Ma ine E. Motor Aciing City. Clerk ME 1 :db EN : 1 cc; Eugene Sprout Hearing Examiner Dr. Frank J. Fall 1 L 2l r CITY OF RENTON, WASHINGTON ORDINANCE NO . 3652 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTOM FROM GENERAL CLASSIFICATION (G-1) AND LIGHT INDUSTRIAL DISTRICT (L-1) TO BUSINESS DISTRICT (B-1) R-026-82 E & B DEVELOPERS , INC WHEREAS under Chapter 7 , Title IV (Building Regulations) of Ordnance No . 1628 known as the "Code of General Ordinances of the City of Renton" , as amended , and the maps and reports adopted in conjunction therewith, the property hereinbelow described has here'to , ore been zoned as General Classification (G-1) and Light Industrial District (L-1) ; and WHEREAS a proper petition for change of zone classificati of s,aio property h s been filed with the Building & Zoning Department on or .bout March 26 , 1982 , which petition was duly referred to the Heariin;• Examiner for investigation , study and public '-rearing , and a public hearing having been held thereon on or about May 11 , 1982 , and :said matter having been duly considered by the Hearing Examiner and th- conditions having been appealed to the City Council of the City o Renton and the City Council having modified the Hearing Examine Decision and said zoning request being in conformity with the City ' s Compre ensive Plan , as amended, and the City Council having duly consid-red all matters relevant thereto , and all parties having been heard appearing in support thereof or in opposition thereto , NOW THEREF$RE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : The following described property in the City o Renton is hereby rezoned to Business District (B-1) as herein- 1 belowbelow pecified : The Building & Zoning Director is hereby authorized and di ected to change the maps of the Zoning Ordinance , as amended , D evidence said rezoning , subject to the report of the Hearing Examiner as ame ded by the City Council , to-wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein . Said property being located at the South side of S .W. Grady Way and north side of S .W. 12th Street between Seneca Avenue S . E. and Raymond Avenue S .W. ) AND SUBJECT FURTHER to that certain Declaration of Restrictive Covenants executed by Petitioner-Owners on or about Sept . 14 , 1982 and recorded in the office of the Director of Records and Elections , Receiving No . 8210110321 and which said Covenants are hereby incorporated and made a part hereof as if fully set forth . SECTION II : This Ordinance shall be effective upon its passage , approval and five days after its publication . PASSED BY THE CITY COUNCIL this 16thday of ,August , 1982 . Maxine ,Iotor , ' cting City ClerT: APPROVED BY THE MAYOR thisl6th day of August , 1982 . Earl J . Clymer, ayor Profte:l Approved as to form: Lcrenc z ` W ren , Ciity Attorney Date of Publication : October 15 , 1982 I Ordinance No . 3652 > _ 1 EXHIBIT "A" Rezone No. R-026-82 1 E & B Developers, Inc.) Parcel'iA Lots 1Ith,ough 5, Block 28, C.D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1, according to the plat thereof as recorded in Volumel7 of Plats, page 74, Records of King County, Washington. Parcel]B Lots 26 trough 28, Block 28, C.D. Hillman's Earlington Gardens Addition to the City of Seattle, Division No. 1, according to the plat thereof as recorded in Volume 17 of Plats, page 74, Records of King County, Washington. li it it II i I OF, OFFICE OF THE CITY ATTORNEY. RENTON,WASHINGTON O V ` POST OFFICE 80x 626 100 S 2nd STREET • RENTON,WASHINGTON 98057 255-867e I\ - 1-1 ° ILL j LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 4 9 43. DAVID M. DEAN, ASSIS kNT CITY ATTORNEY AO,9 P MARK E. BARBER, Asslsrl Nr CITY ATTORNEY 9TED 'SEP September 28, 1982 ZANETTA L.FONTES, ASSISTANT CITY ATTORNEY I TO : Maxine Motor , Acting City Clerk FRO : Daniel Kellogg, Assistant City Attorney RE : Restrictive Covenants - E & B Developers Rezone Dea Maxine : The Covenants filed on behalf of E & B Develo ers are approved as o legal form. Daniel Kellogg DK:nd cc : Mayor Dave Clemens I I. I I 1 I OF R4,ti OFFICE OF THE CITY ATTORNEY • RENTON,WASHING' q O Z rosT OFFICE wx G24 lOO s 2nd STRUT • RENTON. r..sl...prON 9 057 235-E47S Nil LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, AsslsrAZ T CITY AT" DAVID M. DEAN, ASSISTANT CITY AT* t1P, FG SEPZ September MARK E. BARBER, Ass+sTA,.T CITY Ar September 7 , 1982 ZANETTA L. FONTES, AsslsrANT CITY AT 0: Billie Dunphey, Council Secretary I ROM: Daniel! Kellogg, Assistant City Attorney P : E & B Developers , Inc. Rezone R-026-82 Dear Billie : he Developer has drawn to my attention a discrepancy in the eport of the Planning and Development Committee relating to he above-mentioned appeal. he report of the Planning and Development Committee indicated 1 that there was to be a five foot landscape setback on all four sides of parcel A which fronts on Grady Way. However, the searing Examiner' s report had included no landscape setback on he south side of Parcel A. he developer is preparing for submittal to the City a Declaratio f Restrictive Covenants which corrects the oversight olf the Planning and Development Committee. It would be my recommendatio hat the Waysland Means Committee present a report to the City ouncil upon consideration of adoption of the rezone ordinance specifically correcting the discrepancy in the Planning and Development Committee report , and specifically approving the Declaration of Restrictive Covenants submitted by the developer. lease call me if you have any questions . Daniel -Kellogg • N - IK:nd cc: Robert Anderson it INTER-OFFICE MEMO TO: Dave lemens , Policy and Development DATE 9/27/82 FROM: Max ne Motor, City Clerk Ac RE: Restrictive Covenants for E&B Developers R-026-82 Ple, se advise if covenants prepared by developer meet requirements . NO, a-eiGhe de.,40/ 7-771 te\)3 6‘)'‘' /' / CITY OF RENTON SEP 201982 POLICY DFvFLOFM`-M1 T nFPT, I i ILATER-OFFICE MEMO TO: Lawr-nce Warren, City Attorney DATE 9/27/82 FROM: Maxine Motor, Acting City Clerk RE: iE & B Developers Rezone R-026-82 Restrictive Covenants Restrict ve Covenants for the above rezone have just been filed with this off ce. Please advise if the Developer has reflected the intent and mete ' your approval . The ordnance was adopted 8/16 and found to need covenants . The second page i;s ' ow revised to reflect the covenants . The ordinance has not been signed! aid therefore not published awaiting filing of covenants . Please see thie .attached letter from Dan Kellogg to Billie dated 9/7/82. Please advise if the ordinance can be now signed and published, upon the recordin:, of restrictive covenants . i i OF R4, 44.4 OFFICE OF THE CITY ATTORNEY . RENTON,WASHINGTON ftfto 0 O POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON.WASHINGTON 98055 255-8678 n ® 'LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY CO' 0. 0 DAVID M. DEAN, ASSISTANT CITY ATTORNEY 9gTDii SE August 18 , 1982 MARK E. BARBER, ASSISTANT CITY ATTORNEY TO Maxine Motor, Acting City Clerk FROM: Lawrence J. Warren, City Attorney IRe Rezone Ordinance - E & B Developers , Inc . De.r Maxine : Fe have re-written the second page of the above ordinance providing for the Restrictive Covenants . The Developer should draft the Restrictive Covenants and then be forwarded to our iof ice for approval . Lawrence . Warren Ito :nd jEn 1 . PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT AUGUST 2, 1982 APPEAL FILED BY E & B DEVELOPERS , INC. - R-026-82 (Referred 7-12-82) The Planning and Deve opment Committee has considered the appeal of E & B Developers , Inc. from the Land Use Hearing Examiner' s Decision dated May124, 19812 and, finding that the Hearing Examiner is in error in Conclusion 4 in his reliance upon the standards set forth in the Green River Valley Comprehensive Plan instead of the provisions of the Zoning Code, the Committee recommends that thei City Council modify the conditions imposed upon the reclassification to proivide for a landscaped five foot setback from Grady Way and all of the property lines, except for Southwest 12th Street which should be a landscaped ten foot setback by stipulation of the appellant. The: Committee further recommends that upon the recording of Restrictive Covenants setIting forth the above-mentioned setbacks , that the Restrictive Covenants pre- viously recorded in relation to Parcel B be removed. x Randy Rockhill , Chairman I John Reed Robert Hughes I i Renton City Council October A, 982 Page 4 1 OLD BUSINESS continued Sign Councilman Rockhill reported that the Planning and Development Ordinance/ Committee had discussed the sign ordinance and fee schedule, but Fee Schedul - would have no committee report this evening. Both topics are being investigated further by staff and would be discussed again at the Planning and Development Committee meeting of 10/14/82. Parking $pace Councilman Hughes commended the job done on extending the stipes Extensions that designate parking spaces in the downtown area to the tor) of the curb. He reported he has heard many favorable comments as to ease of parking now on the left-hand side of the street. ORDINANCES AND RESOLUTIONS Ways and, M-ans The Ways and Means Committee recommended the following ordinance Committee for second and final reading: Ordinance • 3664 An ordinance was read amending Ordinance 1628 relating to Applicatio Business Licenses and Returns - Public Reacord. MOVED BY STREDICKE, SECOND BY ROCKHIL Public Dis•losure COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED First Reading The Ways and Means Committee recommended the following ordinance for first reading: Cumulative An ordinance was read creating a special fund known as "Cumulative ReservelFu d Reserve Fund No. for the purpose of segregating monies re- ceived from the Special Utilities Connection Charges as authorized by Ordinance 3659. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL SUSPEND THE RULES AND ADVANCE THIS ITEM TO SECOND AND FINAL READ- ING. CARRIED. Ordinance 3665 An ordinance was read creating a special fund known as "Cumulative Cumulative Reserve Fund No. 3665" for the purpose of segregating monies re- ReservejFu d ceived from the Special Utilities Connection Charges as authorized by Ordnance 3659. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCI ADOPT THE RESOLUTION AS PRESENTED. ROLL CALL: ALL AYES. The Ways and Means Committee recommended the following resolution for reading and adoption: Resolution #2476 A resolution was read recommending that the Legislature of the tricter State of Washington repeal provisions of legislation adopted by Fireworks the 47th State Legislature liberalizing fireworks control within Controll the State and re-enact "safe and sane" fireworks regulations. MOVED BY HUGHES, SECONDED BY STREDICKE, COUNCIL ADOPT THE RESOLUTIOI AS PRESENTED. CARRIED. E&B Dev,el .pers Councilman Stredicke announced the restrictive covenants for the Rezone E&B Developers Rezone on SW Grady Way and SW 12th Street have been R-026-82 signed land the ordinance is ready for publication. NEW BUSIN:SS South Kin. County Transportation Committee Chairman Trimm invited Council input for Task Fcirc=the newly-formed South King County Task Force. The Task Force was formed to gain support for road improvements. Councilma Councilman Trimm said thank-you for the "happy retirement" cards Trimm he received tonight. Mayor Shinpoch announced that Councilman Retirement Trimm was retiring from Puget Power Company after 36 years of service, wished him well and called attention to refreshments provided by Council Secretary Billie Dunphy and Councilwoman Mathews which would be served following the meeting. Councilman Trimm will remain active with the City Council . Renton City Council Oc tober 4, 1982 Page 3 CORRESPONDENCE AND CURRENT BUSINESS Req est for Letter from Waldemar F. Wiemann and Bernard L. Wiemann, Rez ne 14720 SE 224th Street, Kent, requested an extension of Rezone Ord nance Ordinance 3370 which authorized the rezone of Lot 18, Block 2, Ext nsion Renton Farm Plat (110 Pelly North) from R-2 to R-3 to build an office/residence building. City Attorney Warren advised that Wie ann Council is not legally entitled to grant a rezone extension. Rez ne MOVED BY ROCKHILL, SECONDED BY HUGHES, THIS CORRESPONDENCE BE R-3 4"79 REFERRED TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Wan, Word Letter from Finance Director Michael Mulcahy recommended the Processing award of installment purchase financing to People's National System Bank for their low bid of 75% of prime adjusted quarterly. Installment Mulcahy requested Council concurrence and authorization to Pu chase execute necessary political subdivision financing agreement to Fi ancing acquire a Wang Word Processing System. MOVED BY HUGHES, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE RECOMMENDATION OF THE FINANCE DIRECTOR. CARRIED. OLI BUSINESS Ut lities Utilities Committee Chairwoman Mathews submitted a report recom- Co mittee mending the City enter into the King County Water District #14/ Ki g County City of Renton Interagency Agreement allowing the City to own and Wa er District 14 operate a 16" watermain along Rainier Avenue within Water District In eragency 14. Committee requested an ordinance authorizing the Mayor and Ag eement City Clerk to sign the agreement. Properties receiving fireflow protection from the city system have signed annexation covenants An exation to agree to annex in the future. The Utilities Committee recom- Po' icy mended that the City encourage annexation of these parcels. MOVED BY MATHEWS, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE UTILITIES COMMITTEE RECOMMENDATION. CARRIED. Gr up W Cable MOVED BY STREDICKE, SECONDED BY HUGHES, THE MATTER OF THE ORDINANCE Re Increase TABLED AT THE PREVIOUS MEETING BE REMOVED FROM THE TABLE. CARRIED. Relquest Marshal Nelson, Attorney for Group W, 4200 Seattle-First National Bank Building, Seattle, and Lewis Belcher, Jr. , Group W Community Communications Manager, 15241 Pacific Highway South, Seattle, addressed Council regarding the rate of return to be realized on both a rate increase of $9.95 (including city tax) and $10.55 ($9. plus 6% city tax) , the methods of computing that rate of return including and not including premium services income) , and completi dates of the construction schedule. Questions were raised regardin Renton cable rates being comparable to surrounding areas and whethe'a rate increase for Renton would bring a rate increase for those communities. Following discussion, an ordinance was read approving an increase in the basic service charge for cable TV services for Group W Cable, Inc. , at the rate of $9.95 per month, including any pass through of franchise or utility tax to the customers. A list of connection, installation, and additional service rates was read and incorporated into the ordinance by amendment of 9/27/82. MOVED BY STREDICKE, SECONDED BY REED, COUNCIL ADOPT THE ORDINANCE AS PRE- SENTED. ROLL CALL: 3 AYES: STREDICKE, REED, MATHEWS. 3 NOS: HUGHES, ROCKHILL, TRIMM. Ordinance not adopted; failed. MOVED BY STREDICKE, SECONDED BY REED, SUBJECT MATTER BE LAID ON THE TABLL CARRIED. Board of Councilman Stredicke inquired regarding the Administration's aact1er adjustment on a letter received from Mr. and Mrs. Dale Frank, 475 nd appeal Inquiry Avenue NE, Renton, concerning application to the Board of Adjust- ment for variance (File #V-453-82). Councilman Stredicke asked whether the Frank's had been advised of appeal procedures. Mayor Shinpoch reported that the letter was being handled by the Buildinc; Department at the present time, and there would be a report back at the next Council meeting, noting that Mr. and Mrs. Frank would be well-advised of their alternatives. I., Renton Ci 'y Council September 13, 1982 Page 7 Ordinance 3657 • An ordinance was read vacating a portion of SE 18th Street SE 1 :th S reet VAC 5781 - Rolling Hills Village Homes Association, Inc.) . Vacation MOVED BY STREDICKE, SECONDED BY REED, COUNCIL ADOPT THE ORDI- VAC 5-81 NANCE AS READ. ROLL CALL: 6 AYES (Councilman Trimm having left the chambers.) CARRIED. Ordinance 3658 An ordinance was read amending Section 4-3016 of Title IV of Hearing E aminer Ordinance 1628 entitled "Code of General Ordinances" relating AppealPr•cess to appeals from Hearing Examiner' s decisions or recommendations. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE ORDI- NANCE AS READ. ROLL CALL: 6 AYES. CARRIED. 1 The Ways and Means Committee recommended the following resolutions for reeding and adoption: Resolutio 2466 A resolution was read authorizing disposition of surplus cilty Surplu's E.uipment equipment and police evidence items. MOVED BY STREDICKE, SECONDED Public, Au tion BY ROCKHILL, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolutio 2467 A resolution was read authorizing the Mayor to enter into an Monroe, Av-nue NE/ Interlocal Cooperative Agreement with King County to develop NE Second Street Monroe Avenue NE and NE Second Street and appurtenant road improve- Cooperiative ments. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ADOPT THE Agreelen RESOLUTION AS PRESENTED. Councilman Reed inquired regarding any it funding commitment for this project. City Attorney Warren responded 1 that it will be a negotiated arrangement to share costs. ARRIED. I E&B Developers Ways and Means Committee Chairman Stredicke reported that the Rezone ordinance for the E&B Developers, Inc. , Rezone (R-026-82) from R-026782 G-1 to L-1 and B-1 requires the developer to provide restrictive covenants to the City of Renton. The matter is being held in I. Committee pending receipt of those restrictive covenants. 1 GM Assoc ates Ways and Means Committee Chairman Stredicke also reported that Rezone item o of the Consent Agenda, Request for Rezone File R-019-82 R-0191i82 GM Associates) had been withdrawn from the agenda becaus the required covenants for the rezone request had been signed by someone other than the registered applicant. Until proof of authorization to sign has been provided to the city, this matter will be held from recommendation. Voucher Ways and Means Committee recommended approval of Vouchers 41523 Approval through 41804 in the amount of $2,224,736.93 having received departmental certification that merchandise and/or services have been received or rendered. Vouchers 41517 through 41522 machine voided. MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL CONCUR 1 IN AP!ROVAL OF THE VOUCHERS. CARRIED. Councilman Stredicke noted that this is the largest voucher approval to date. NEW BUSINESS 1. Govern ent Councilman Stredicke announced that a "Government Speaks" program Speaks Program will be taped in the Tacoma City Council Chambers on Wednesday, 9/22/82, at 7:00 p.m. , and invited all interested CouncilMembers to participate. Councilman Stredicke suggested Lake Washington Beach Park as a topic for the program. The initial program, held last month, will be aired Tuesday, 9/28/82, at 7:30 p.m. on Channel 18 on cable. Opposition to Councilman Stredicke voiced his opposition to Senate Bill 2172 Senate : ill 2172 which severely limits a city's ability to regulate cable tele- il vision. Stredicke stated that, at a time when the federal govern- 1 ment is talking about eliminating federal controls and returning contfol to local government, this bill appears to do the opposite. MOVED BY STREDICKE, SECONDEDTO SENATE BILL 2172 AND THAT THE SENATE B T THE Y OF R O N GO ON RECORD AS BEING OPPOSED DELEGATION FROM THE STATE OF WASHINGTON AND OTHER APPROPRIATE SENATORS BE NOTIFIED OF THAT ACTION. CARRIED. Renton City Council Sept-mber 13, 1982 Page!8 NEW :USINESS continued Salt':tion Army Councilman Hughes announced construction beginning on the new Salvation Army building. Hughes noted the substantial increase of citizens using the food bank and other Salvation Army facilities and stressed that all contributions are greatly needed and would be gratefully accepted. Par ling Space Councilman Hughes requested that the traffic engineer study the Mar in possiblity of extending the markings of the parking slots in theExtJ9nsionsdowntownareatothetopofthecurbingontheleft-hand side of the street to facilitate ease of parking. ADM NISTRATIVE REPORT Pol tical Signs Mayor Pro tem Clymer reported that the city street crews had picked up over 400 illegally placed political signs. AUDENCE COMMENT Lt. Donald Persson, Renton City Police, announced that a two- Ren.on month old infant had been kidnapped earlier this evening, but Kid 'apping had been recovered and was safe at home. ADJ''DURNMENT MOVED BY STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADJOURN. CARRIED. 11 : 5 p.m. MAXINE E. MOTOR, Acting City Clerk I I I WAYS AND MEANS COMMITTEE COMMITTEE REPORT SEPTEMBER 13, 1982 ORDINANCE AND RESOLUTIONS The Ways nd Means Committee recommends the following ordinances for second and final r-ea ing: I Streget Vacation - S. E. 18th Street HearLing Examiner Appeal Process 1 The Ways nd Means Committee recommends the following resolutions for reading and adopt on: Sur.lus Equipment and Police Evidence Auction Int: rlocal Cooperative Agreement between City of Renton and King County to Jointly Develop Roads MISCELLAN:OUS I E & B Dev=lopers , Inc. Rezone (R-026-82) The ordin-nce regarding the subject rezone from G-1 to L-1 and B-1 requires the devel .per to provide Restrictive Covenants to the City of Renton. The matter , is being held in the Ways and Means Committee pending receipt of the Restri et i e Covenants. 1 APPROVAL OF VOUCHERS 1 The Ways and Means Committee recommends approval of Vouchers No. 41523 through No. 41804 in the amount of $2,224,736.93. r L' 9 l!d f?A17:24-1 Richard Stredicke, Chairman Rob Hughes fR dye Ro 1 f I i I I 0A.THE CITY OF RENTON 0 `$ MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON. WASH. 98055 n co BARBARA Y. SHINPOCH, MAYOR • CITY CLERK • (206) 235-2500 0, 90 r0 O, 9gTS0 SEI _,: Q August 20, 1982 Anderson and Jackson, Attorneys at Law 111 Wi liams Ave. S. P.O. B x 454 Renton, WA 98057 Attent on: Robert L. Anderson Subjec : Appeal of Rezone R-026-82 E & B Developers, Inc. G-1 and L-1 to B-1 , Located at 1200 Block Seneca SW1. Dear M . Anderson: The Re ton City Council at its regular meeting of August 2, 1982, concur ed in the Planning and Development Committee Report attached hereto approving your appeal of the subject rezone. Restrictive Covenants are require as a condition. Our City Attorney has reouested you prepare the Restrictive Covenants in accordance with tie attached committee report . Please forward the covenants to thi . office. Upon approval by our City Attorney, the approving ordina ce will be published and in effect within five days . If you have any further questions , do not hesitate to contact this office Yours ery truly, CITY 0 RENTON e.?2-2.ete-lc- Maxine E. Motor Acting City Clerk M/m cc: E & B Developers, Inc. 381 SW Grady Way R nton, WA 98055 Attn: Mr. Eugene C. Sprout , President Renton City Counci August 16, 19821 Page 4 Old Business coati ued (Committee of the Whole Report) I s Community ommittee of the Whole Chairman Clymer presented a committee report Opinion - ecommending the;Administration be authorized to proceed with the design Survey hose of the. Community Opinion Survey in lieu of the "1983 City Report". ost of the survey shall not exceed $2,000. MOVED BY STREDICKE, SECONDED Y HUGHES, COUNCIL CONCUR IN THE COMMITTEE OF THE WHOLE RECOMMENDATION. ARRIED. ORDINANCES AND !RES'LUTIONS Ways and Means days and Means Committee Chairman Stredicke recommended second and final Committee reading of the following ordinance: Ordinance#3652'i n ordinance was , read changing the zoning classification of certain E&B Developers roperties within the City of Renton from General Classification (G-1 ) illezone I nd Light Industrial District (L-1 ) to Business District (B-1 ) . MOVED R-026-82)Y STREDICKE, SECONDED BY ROCKHILL, COUNCIL ADOPT THE ORDINANCE AS READ. OLL CALL: 6 AYES: CLYMER, HUGHES, ROCKHILL, REED, MATHEWS, TRIMM; ONE 0: STREDICKE. CARRIED. First Reading he Ways and Means Committee recommended first reading of the following rdinance: Outside n ordinance waslread amending portions of Chapter 7 and Chapter 22, Storage itle IV (Building Regulations) of Ordinance 1628 entitled "Code of Generaleneral Facilities rdinances of the City of Renton" relating to outside storage facilities. OVED BY STREDICKE, SECONDED BY HUGHES, MATTER BE REFERRED BACK TO COMMITTEE OR ONE WEEK. CARRIED. Resolution #246 resolution was read approving the final plat of property located on the Mike Mastro outh side of NE ,Fourth Street approximately 600 feet west of Union Avenue W. R. Poitras) E known as MikelMastro (W. R. Poitras) Final Plat #FP 093-81 . MOVED BY Final Plat TREDICKE, SECONDED BY ROCKHILL, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. FP 093-81 ARRIED. Board of ays and Means Committee Chairman Stredicke presented a committee report Adjustment ecommending concurrence in the Mayor's reappointment of Francis A. Holman, Reappointment o position #3 (practicing professional engineer) on the Board of Adjustment or a four-year term effective to. September 6, 1986. MOVED BY STREDICKE, ECONDED BY HUGHES, COUNCIL CONCUR IN THE REAPPOINTMENT OF MR. HOLMAN TO HE BOARD OF ADJUSTMENT. CARRIED. LID 314 ays and Means Committee Chairman Stredicke presented a committee report Interim ecommending concurrence in the Finance Director's recommendation to accept Financing he low bid of Peoples National Bank to provide interim financing for LID 14 in the amount of $4,886.538.56. MOVED BY STREDICKE, SECONDED BY ROCKHILL, OUNCIL CONCUR IN THE COMMITTEE REPORT AND REFER MATTER TO WAYS AND MEANS OMMITTEE FOR ORDINANCE. CARRIED. Municipal ays and Means Committee Chairman Stredicke presented a committee repoort Court ecommending approval of the Administrative request for additional funding Appropriation of $11 ,500 for Municipal Court to provide for overtime and operational costs or the remainder of 1982. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL ONCUR IN THE COMMITTEE REPORT, REFER TO WAYS AND MEANS COMMITTEE. CARRIED. Cooks Street ays and Means Committee Chairman Stredick.e presented a committee report Vacation ecommending extending the time period for completion of the Cooks Street VAC 05-82 location (VAC 05-82) located at the intersection of SW Sunset Blvd. and ardie Avenue SW for an additional 60 days. Councilman Stredicke noted that he applicant islin the process of working on the legal descriptions. MOVED Y STREDICKE, SECONDED BY ROCKHILL, COUNCIL CONCUR IN THE COMMITTEE R;ECOM- MENDATION. CARRIED. I i 1 1 Renton City Council August 16, 982 Page 5 NEW BUSINES HOV Lanes a d Councilman Hughes reported that the target date for completion of 1 -405 Ramp Meteri , g HOV (High Occupancy Vehicles) lanes from Southcenter to Bellevue is 1985 Devices on according to a report given at Puget Sound Council of Governments meeting. I-405 Councilman Hughes stressed the need for close coordination between the state and the City of Renton due to the possibility of ramp metering device usage on on-ramps within the city limits, noting need for city input on use of metering devices and traffic corridor selection. Councilman Trimm stated the Transportation Committee had gone on record as being against ramp metering devices and the Washington State Department of Transportation had been so notified. Chamber of Councilman Stredicke reported that six Council Members and the Mayor had Commerce attended .a workshop session with the Renton Chamber of Commerce on 8/11/82! Workshop Stredicke commended the Chamber on its very beneficial presentation, noting he looked forward to similar future sessions. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY REED, MEETING. ADJOURN. CARRIED. 8:47 P.M. MAXINE E. MOTOR, Acting City Clerk III COMMITTEE REPORT AUGUST 16, 1982 ORDINANCES A D RESOLUTIONS AThe Ways and Means Committee recommends the following ordinance for second and final reading: E, & : Developers , Inc. Rezone (R 026-82) The Ways and Means Committee recommends the following ordinance for first reading: Amen ing Code re Outside Storage Facilities The Ways 'and Means Committee' recommends the following resolution for reading and adoption :, Mike Mastro (W.R. Poitras) Final Plat (FP 093-81 ) BOARD OF ADJ STMENT REAPPOINTMENT - FRANCIS A. HOLMAN (Referred 8-9-82) The Ways and !leans Committee recommends concurrence in the Mayor's reappointment of Mr. Francis A . Holman to position #3 (practicing professional engineer) on the Board of Adjustment for a four-year term effective to September 6 , 1986. LID #314 INTERIM FINANCING (Referred 8-9-82) The Ways and Means Committee recommends concurrence in the Finance Director' s recommendation to accept the low bid of Peoples National Bank to provide interim financing, for LID #314 in the amount of $4,886,538.56. MUNICIPAL COURT APPROPRIATION (Referred 8-9-82) The Ways 'and Means Committee recommends approval of the Administrative request for the additional funding of $11 ,500.00 for Municipal Court to provide for overtime and operati.nal costs for the remainder of 1982. COOKS STREE VACATION - VAC 05-82 (Referred 2-22-82) The Ways ,an. Means Committee recommends extending the time period for completion of the street acation for an additional 60 days. Richard Str-dicke, Chairman Robe Hug es 1 e 1 Ra dy 'o MEMORANDUM TO Maxin E. Motor, Acting_ City Clerk DATE 9 August 1982 FROM d o En neerin S ecialist SUBJECT B Develo.ers Inc. - Rezone No. R-026-82 Per yourire•uest, attached please find the legal description presented as Exhibit "A" for the ordinance of the subject rezone. Very truly yours, 1 Abdoul Gafour 1 AG/dar . I Attachment i II EXHIBIT "A" Rezone No. R-026-82 E & B Developers, Inc.) 4 Parcel A Lots 1 t rough 5, Block 28, C.D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1, according to the plat thereof as recorded in Volume 17 of Plats, page 74, Records of King County, Washington. Parcel B I Lots 26 t rough 28, Block 28, C.D. Hillman's Earlington Gardens Addition to the City •f Seattle, Division No. 1, according to the plat thereof as recorded in Volume 17 of Plats, page 74, Records of King County, Washington. v PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT AUGUST 2, 1982 APPEAL FILED BY E & B DEVELOPERS , INC. - R-026-82 (Referred 7-12-82) The Pla ning and Development Committee has considered the appeal of E & B Develop- rs , Inc. from the Land Use Hearing Examiner's Decision dated May 241, 1982 an. , finding that the Hearing Examiner is in error in Conclusion 4 in his reliance upon the standards set forth in the Green River Valley Comprehensive Plan' in. tead of the provisions of the Zoning Code, the Committee recommends that the cit Council modify the conditions imposed upon the reclassification to, provide for a landscaped five foot setback from Grady Way and all of the property lines, -xcept for Southwest 12th Street which should be a landscaped ten foot setback by stipulation of the appellant. The Com ittee further recommends that upon the recording of Restrictive Covenants setting forth the above-mentioned setbacks, that the Restrictive Covenants pre- viously recorded in relation to Parcel B be removed. Randy oe i , Chairman John R-ed IOW Robe ''' Hughes Rentop City Council August 2, 1982 Page`2 Consent Agenda c•ntinued Claim for Claim for damages in the amount of $989.73 filed by Mark C. Brewer Damages for injuries sustained in a diving accident at Coulon Park 5/31/82 CL 41-82 alleging no warning signs, supervision or lifeguards. Refer to City Attorney and insurance carrier. Claim for Claim for damages in the amount of $20 filed by Rhonda M. Whitten for Damages loosened tooth sustained while playing ball at Tiffany Softball Field CL 43-82 7/13/82. Refer to City Attorney and insurance carrier. Claim for Claim for damages in the amount of $286.54 filed by Cecil H. Evoy for Damages water damage to basement ceiling on 7/14/82 alleging water pressure CL 42-82 surge caused by Renton Water Works crew. Refer to City Attorney and insurance carrier. Consent Agenda MOVED BY CLYMER, SECOND BY TRIMM, COUNCIL ADOPT THE CONSENT AGENDA AS Approved PRESENTED. CARRIED. CORRESPONDENCE A D CURRENT BUSINESS Planning/Letter from John B. Rabel , President, Star Machinery Company, 241 South Engineering Lander Street, Seattle, commended the attitudes of the Planning and Commendation I Engineering Departments of the City of Renton. OLD BUSINESS Planning and 'r' Planning and Development Committee Chairman Rockhill presented committee Development i report finding the Hearing Examiner in error in Conclusion 4 in his Committee decision of 5/24/82 with his reliance upon the standards of the Green E&B Developers ),k, River Valley Comprehensive Plan rather than the provisions of the Zoning R 026-82 Code regarding landscaped setbacks. Committee report (unsigned by Coun- Appeal t cilman Reed) recommended Council modify conditions imposed upon the re- classification, to provide for a landscaped five-foot setback from Grady Way and all of the property lines except for Southwest 12th Street which should be a landscaped ten-foot setback by stipulation of the appellant. Committee further recommended that, upon recording of Restrictive Covenant setting forth the setbacks, the Restrictive Covenants previously recorded yin relation to Parcel B be removed. MOVED BY ROCKHILL, SECOND BY HUG ES , 3:ICOUNCIL CONCUR IN THE RECOMMENDATIONS OF THEE „ , P ' I0014trIftrl Councilmen Reed and Stredicke questioned variance from the YdGreen River Valley Comprehensive Plan. Councilman Rockhill explained that this property was zoned single-family originally, but the five-foot setback would now conform to almost every other property in this area on Grady Way. MOTION CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Stredicke recommended second and final Committee readings of the following ordinances: Ordinance 3650 An ordinance was read vacating a portion of streets and alleys in an Earlington Woods area south of Southwest Sunset Boulevard and north of Milwaukie Railroad Street Vacation line within Earlington Addition including portions of Maple Avenue SW, VAC 1-79 Southwest Fifth Street and Stevens Avenue SW (VAC 1-79). MOVED BY CF/CHG, Int' l . STREDICKE, SECOND BY CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: Sunpointe ALL AYES. CARRIED. Ordinance 3651 An ordinance was read changing the zoning classification of certain McWilliams properties within the City of Renton from General Classification (G) to ttezurie Residence District (R-3) (McWilliams Rezone R 030-82) . MOVED BY HUGHES, R 030-82 SECOND BY CLYMER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: 5 AYES: CLYMER, HUGHES, ROCKHILL, REED, TRIMM; 1 NO: STREDICKE. CARRIEI Stredicke opposed extension of multiple-family on Union Avenue, claiming single-family area. I Renton CityI:Council August 9, 19,82 Page 4 ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Stredicke recommended first reading 1. Committee of the following ordinance: l Rezone An ordinance was read changing the zoning classification of certain Ordinance - properties within the city of Renton from General Classification MOVED1) ict to ict 2 BY E&B Develo and Light IECONDEDIBYrHUGHES,IMATTERuBEnREFERREDrBACK(TOICOMM!ITTEE 2 BY STREDICKE S; FOR ONE WEEK; CARRIED. Resolution #24.4 A resolution was read directing the transfer ofto$ 20, be0000 frorom C mulative Honey Creek Reserve Fund #3421 to Water Works Utility Fund Fund Transfer work for the' Honey Creek SanitaryRESOLUTION ASOPRESENTEDREDCARRIEDSECONDED BY ROCKHILL,' COUNCIL ADOPT Utility Bill The Ways and' Mntheirmutility reviewed collectionestfeeff om Bartell to 25tDrug and Collection 'Fe, Company toraise Increase requested staff to negotiate with Bartell . The staff has negotiated for a 20C per item collection fee and the Committee recommends the contractwithBartellDrugCompanybeamendedtoreflectthefeechangefrom13Cto 20 effective September 1 , 1982. Following discussion, it was MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATION OF THE WAYS AND MEANS COMMITTEE AND ACCEPT THE 20t RENEGOTIATED FEE WITH BARTELL DRUG COMPANY. CARRIED. l Voucher . The Ways and Means Committee recommended approvalroyal having of rVuiher Vouchers 41106 departmental Approval through 41333 in the amount of $1 ,077,211 .69 that merchandise and/or services have been received or rendered. Vouchers 41101 through 41105 machine voided. MOVED BY STREDICKE, SECONDED BY HUGHES, COUNCIL APPROVE VOUCHERS. CARRIED. NEW BUSINESS Committee of Mayor Shinpoch inquired as to the genda order dent Clymerf espondedr the 1th8e2orderlwouldttee the Whole ', of the Whole meeting. Council Pres Agenda be: Hearing Examiner Appeal Process; Boards and Commissions; Community Opinion Sur1vey. Mayor Shinpoch distributed Boards and Commissions infor- mation and noted members were invited to attend. Firearms fro Councilman iStredicke inquired regarding the presentation to the Renton Port of Seat le Police Department of automaticanautomatc rifle was tair the receivedfon Seattle. five-yearMayor SeaTac Airport) Shinpoch responded th loan program. Lt. Persson, Renton Police Department, stated the firearm was part of the Mutual Aid Agreement with the Port of Seattle and wouldbeusedintheeventofterroristorsimilaremergencysituations. ADMINISTRATI E Mayor Shinpoch reported that the city will pursue policing of political REPORT signs on public right-of-way, that letters will be sent to candidattY es Political! si.ns advising them of our laws. Although thisisplacefment politicalighpriorisigns will m on Public' Ri •ht- due to thelcity s financial position, of-Way be monitored. Mayor ShinpochlsannouncedthevisitofacharmingyoungmanfromNishiwaki , Jappann or Japan, Reniton, s Sister-City.Vii fro yYoshiuki Hashimoto, an exchange visitor staying with a family in Renton, presented the Mayor with a beautiful vase and stilk wallet. Renton Mayor Shinpoch noted that the Puget Sound Council of Government 1990. Projected G owth projected Igrowth for the City of Renton to reach 33,1 37 by i Renton' s population reached that figure last year. Engineering Mayor Shinpoch reported that the effective date for reclassification of Supervisor the Engineering Supervisor position had been nchabged ffroml7/0d/ 82 to Reclassification 7/16/82 because the probationary period bad I l 1 I Renton City Council August 9, 1982 Page 5 AUDIENCE COMMENT Delores Newlands, 1668 Lake Youngs Way, complimented Mayor Shinpoch on her governing of the City of Renton, urged Council to utilize the city' s department heads more to be well-informed on Council issues, and spoke in favor of the one-half percent sales tax. EXECUTIVE MOVED BY CLYMER, SECONDED OF LEGAOLCMATTERS COUNCILPENDINGHOLDBEFOREEXECUTIVECITYSESSION SESSION TO DISCUSS DISPOSITION CARRIED. 9:25 P.M. ADJOURNMENT Council Members reconvened in regular session. Roll was called; all 9:45 P.M.Council Members were present. MOVED BY CLYMER, SECONDED BY STREDICKE, MEETING ADJOURN. CARRIED. 7,?•4_,e_e„ti MAXIMAXINt E. MOTOR, Acting City Clerk BID TABULATION SHEET PRO JECT • Installation of Signage System - Coulon Park DATE = August 3, 1982 BIDDER BID Gary Merlin Construction BB $27,176.00 A A 9125 Tenth Avenue South EEO MBE Seattle, WA 98108 N _- Signs (.01401 III ICJ APO;(VP(7 32 466,so— 4447 tiL,c..r Cif*r rk'(14IArLo) , Engineer's Estimate 122.000.00 WAYS AND MEANS COMMITTEE COMMITTEE REPORT AUGUST 9, 1982 ORDINA\ICES AND RESOLUTIONS The Ways and Means Committee recommends the following ordinance for first readin• : E & B Developers Rezone R-026-82 The W-ys and Means Committee recommends the following resolution for reading and a.option: Haney Creek Sanitary Sewer Fund Transfer MISCE LANEOUS The W ys and Means Committee reviewed the request from Bartell Drug Company to ra se their utility bill collection fee from . 13t to .25 and requested the staff to negotiate with Bartell . The staff has negotiated for a .20 collection fee. The Committee recommends the contract with Bartell Drug Company be amended to reflect the fee change from . 13 to .20t effective September 1 , 1932. APPRO AL OF VOUCHERS . The W-ys and Means Committee recommends approval of Vouchers No. 41106 throu•h No. 41333 in the amount of $1 ,077,211 .69. L"l SrYger-Vic l Richard Stredicke, Chairman Robe Hughes Raynd Rockhill Renton City Council August 2, 1982 Page 2 Consent Agenda c ntinued Claim for i Claim for damages in the amount of $585.73 filed by Mark C. Brewer Damages l for injuries sustained in a diving accident at Coulon Park 5/31/82 CL 41-82 I alleging no warning signs, supervision or lifeguards. Refer to City Attorney and insurance carrier. Claim for Claim for damages in the amount of $20 filed by Rhonda M. Whitten for Damages j loosened tooth ,sustained while playing ball at Tiffany Softball Field CL 43-82 j 7/13/82. Refer, to City Attorney and insurance carrier. Claim for Claim for damages in the amount of $286.54 filed by Cecil H. Evoy for Damages water damage to basement ceiling on 7/14/82 alleging water pressure. CL 42-82 surge caused by Renton Water Works crew. Refer to City Attorney and insurance carrier. Consent Agenda MOVED BY CLYMER, SECOND BY TRIMM, COUNCIL ADOPT THE CONSENT AGENDA AS Approved PRESENTED. CARRIED. CORRESPONDENCE .ND CURRENT BUSINESS Planning/Letter from John B. Rabel , President, Star Machinery Company, 241 South Engineering Lander Street,! Seattle, commended the attitudes of the Planning and Commendation Engineering Departments of the City of Renton. OLD BUSINESS Planning and Planning and Development Committee Chairman Rockhill presented committee Development report finding the Hearing Examiner in error in Conclusion 4 in his Committee decision of 5/24/82 with his reliance upon the standards of the Green E&B Developers River Valley Comprehensive Plan rather than the provisions of the Zoning R 026-82 Code regarding landscaped setbacks. Committee report (unsigned by Coun- Appeal cilman Reed) recommended Council modify conditions imposed upon the re- classification to provide for a landscaped five-foot setback from Grady Way and all of the property lines except for Southwest 12th Street which should be a landscaped ten-foot setback by stipulation of the appellant. Committee furlther recommended that, upon recording of Restrictive Covenant setting forth the setbacks, the Restrictive Covenants previously recorded in relation to Parcel B be removed. MOVED BY ROCKHILL, SECOND BY HUGHES, COUNCIL CONCUR IN THE RECOMMENDATIONS OF THE PLANNING AND DEVELOPMENT COMMITTEE. Councilmen Reed and Stredicke questioned variance from the Green River Valley Comprehensive Plan. Councilman Rockhill explained that this property was zoned single-family originally, but the five-foot setback would now conform to almost every other property in this area on Grady Way. MOTION CARRIED. ORDINANCES AND RESOLUTIONS Wa s and Means Ways and Means Committee Chairman Stredicke recommended second and final Committee readings of the following ordinances: Ordinance 3650 An ordinance; was read vacating a portion of streets and alleys in an Earlington ,Wo ids area south off Southwest Sunset Boulevard and north of Milwaukie Railroad Street Vaca'ti n line within Earlington Addition including portions of Maple Avenue SW, VAC 1-79 I Southwest Fifth Street and Stevens Avenue SW (VAC 1-79). MOVED BY CF/CHG, Int' 1 . STREDICKE, SECOND BY CLYMER, ADOPT_ THE ORDINANCE AS READ. ROLL CALL: Sunpointe ALL AYES. CARRIED. Ordinance 3651 An ordinance was read changing the zoning classification of certain McWilliams ! properties within the City of Renton from General Classification (G) to Rezone Residence District (R-3) (McWilliams Rezone R 030-82) . MOVED BY HUGHES, R 030-82 I SECOND BY CLYMER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: 5 AYES: CLYMER, HUGHES, ROCKHILL, REED, TRIMM; 1 NO: STREDICKE. CARRIED Stredicke opposed extension of multiple-family on Union Avenue, claiming single-family area. 110 RENTON CITY COUNCIL Regular Meeting August A , 1982 Municipal Building Monday , 18 : 00 P . M . Council Chambers MINUTES CALL TO • 'DER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CAL I OF EARL CLYMER, Council President; ROBERT J. HUGHES, RANDALL ROCKHILL, COUNCIL MBERS RICHARD M. STREDICKE, JOHN W. REED AND THOMAS M. TRIMM. MOVED BY CLYMER, SECOND BY HUGHES, COUNCILWOMAN MATHEWS BE EXCUSED. CARRIED. CITY STA'BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; MICHAEL IN ATTEN' .NCE PARNESS, Administrative Assistant; MAXINE E. MOTOR, Acting City Clerk; ALAN WALLIS, Chief of Police; JOHN WEBLEY, Parks and Recreation Director. PRESS GREG ANDERSON, Renton Record Chronicle MINUTE A"ROVAL MOVED BY CLYMER, SECOND BY ROCKHILL, APPROVE COUNCIL MINUTES OF JULY 26, 1982 AS PRESENTED. CARRIED. AUDIENCE OMMENT Alain Bourdoiseau, 1915 NE 27th, addressed the Council regarding signing confusion at Gene Coulon Memorial Beach Park. Mr. Bourdoiseau praised the beauty of the park, but questioned what he felt to be complicated sign/parking systems.Director WebleyParksandRecreation explainedlained that a bid opening for new park signs would take place 8/03/82 which will replace present signs with a more desirable sign system, needed to control parking and prevent possible ticketing and/or towing of illegally parked vehicles. Parking at the boat launch area of Coulon Park was ex- plained: In stalls 1-100, any vehicle/boat trailer may park by paying the $2 fee or by displaying a City of Renton Resident sticker. Stalls 101-122 are reserved for City of Renton Resident sticker holders only. Parks Director Webley stated that this system was devised to provide citi - zens of Renton, paying taxes for this park, additional access to parking. To obtain a Resident Sticker, citizens of Renton pay an annual fee of $5 3 for senior citizens) . Mr. Bourdoiseau was invited to attend the next meeting of the Park Board and to meet with Parks Director Webley regarding his ideas for the park. CONSENT ENDA The following items are adopted by one motion which follows the items included: Appeal - An appeal has been filed by Richard U. Chapin, Attorney at Law, for of the HearingExaminer's Decision of 6/25/82Montereyerrace/ Monterey Terrace/ERADCO ERADCO for approval of a Preliminary Planned Unit Development of 425 single- PPUD 021 :0 family attached and multiple-family housing units east and north of AAD 037-:+ SR 169, south of Monterey Terrace and Mt. Olivet Cemetery and west of the Bonneville Power right of way (PPUD 021-80/AAD 037-82) . Refer to Planning and Development Committee. Hillcres 'Housing Authority of the City of Renton submitted a petition signed by Terrace 52 residents of Hillcrest Terrace requesting speed limit reduction to Petition 15 mph on one block of Hillcrest Lane NE, bordered by Harrington Avenue NE and Kirkland Avenue NE. Refer to Traffic Engineering Department and Transportation Committee (as requested by Councilman Stredicke) . Court Case - A court case has been filed by Gary and Judy Torgerson seeking reversal Gary and of the denial by the Board of Adjustment of their appeal regarding con- Judy Torgerson struction of a deck and hot tub at their home at 1320 Lake Youngs Way SE. Refer to City Attorney. 1 OF R o THE CITY OF RENTON POLICY DEVELOPMENT DEPARTMENT • 235-2552 Z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 O44P rFD SEP ` se BARBARA Y. SHINPOCH MAYOR MEMORANDUM DATE: July 29, 1982 TO: Planning and Development Committee 1 FROM: David R. Clemens, Policy Development Director I SUBJEC : APPEAL OF E & B DEVELOPERS, R-026-82 The Poli y Development DI partment has reviewed the appeal in the above referenced case ian' has the following observation. The applicant requests relief from the twenty-f'ot landscaped setback. along Grady Way and the ten foot landscaped setback along! Se eca Avenue for Parcel A and elimination of the restrictive covenants for Parcel B A. T e appellant argues that the Examiner erroneously used the Green River Valley Comprehensive Plan as the sole basis for imposing landscape setbacks. In reviewing the Examiner's report,. Findings 7, 1 , and 12 discuss other issues b:sides the Valley Comprehensive Plan. Further, clusions 2, 3 and 4 discuss pr or policy action b'y the City Council. B. T e appellant argues that the Examiner erroneously finds the subject site in an ar-a suitable for manufacturing type development. T e appellant's arguements to the contrary, the Examiner's finding is correct. In fact, the emphasis in Finding 7 is not that the area is suitable for m-nufacturing park but that the standards for development,should be consistent w th the manufacturing park regardless of the zoning. C. T e appellant argues that Finding 11 is in error in that the rezones mentioned b the Examiner ar i not comparable. T e Policy Development Department has reviewed each of the rezones Thustrated in the Examiner's decision. We believe that each and every rezone application illustrated is consistent with the subject site. If any inconsistency e ists, that incons stency would relate to the Examiner's finding that the s bject site should !be properly zoned to B-1. This department would disagree w th that finding. In fact, every rezone located between Raymond Avenue on t e west and Lind Avenue on the east within this general area, has been from si gle family to L!1. Further, every rezone adopted since the Green River Valley Comprehensive Plan has required landscaped setbacks from all streets. I Planning nd Development Committee July 29, 1982 Page Two D. The appellant argues that Finding 12 is in error in that the restrictive co l enants were applied as a result of the L-1 zoning. We believe that the Examiner's Finding 12 is in fact correct. The Examiner's emphasis in Finding 12. is not that the property was zoned to a particular cl ssification but that the City Council, in its wisdom, appropriately required certain setbacks from the subject property to protect adjoining uses. E. Thp appellant argues that Conclusion No. 4 is erroneous and not supported by the landscaping requirements of adjoining uses. The Policy Development Department would agree with the appellants argument insofar as it relates to the twenty foot setback from arterial streets. In reviewing the existing restrictions on development along Grady Way between R ymond Avenue and Lind Avenue, each and every parcel zoned since the ad ption of the Valley Comprehensive Plan has required a ten foot landscaped bu fer between the street right-of-way and any use. The Examiner's finding I th t a twenty foot setback would be appropriate is not consistent with these previous actions. RECOMMENDATION A. ' The applicant requests removal of the restrictive covenant requiring a twenty foot landscaped setback from Grady Way. Based upon the inconsistency of the Examiner's requirement of a twenty foot sef tback, the Policy Development Department recommends that the setback re uirement from Grady Way be established at ten feet. B. , T e appellant requests removal of the restrictive covenant requiring a ten foot la dscaping setback from Seneca Avenue. W find no error in fact or law which would justify the removal of this restriction. C. ' The appellant requests removal of the restrictive covenants on Parcel B. The restrictive covenants established for Parcel B were established to protect t e substantial property rights of both property owners and the City in the s bject area. Removal of the restrictions as proposed does not insure the long t rm preservation of these property rights. Since these covenants run not only t9 the City but affected property owners, the Policy Development Department r commends that this request for modification of the restrictive covenants not b approved. Attachm-nts: Zoning map for the subject area. IY f I, 11tt ZI [t Lr iC 1 ( O __ ,__,I 11n ZC 2 r T 2 C ps 6Z 1 la t IC LZ r I J. _ i-,--;:ti----'1- - - 4 pi K 12 L..., D r Zt M s . Itl II I I 1 1 1 1?I I t 6i tf 1 24:1M r a I111IIIIII ttttlttllittr •1' t ---- Mill. NI I I 1111 111 C 11.111ZM24 11.11111.1119...• i te-tirr moms 11.,-.. Jkr I .,. - , 11 Smf4'°-/' 417 -01 _ 4 . / I-, 11115111Cli 11111Xtd • •• • __ I. 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I to m a D Fl1Anell I _ 1 Renton City Council July 12, 1982 Page 4 Consent Agenda zontinued Honey Creek Letter from Public Works Department requested transfer of $20,000 from Sanitary Sewers Honey Creek/May Creek Sewers Cumulative Reserve Fund #3421 to Current Land Surveying Water Works Utility Fund #401 in the amount of $20,000 to obtain pro- fessional land surveying services for Honey Creek Sewer interceptor to begin preliminary work for Honey Creek Santiary Sewers. Refer to Utilities Committee. Public Meeting Letter from Policy Development Department requested public meeting be Jackson set for July 19, 1982 regarding 10% Notice of Intent Petition - Jackson Annexation Annexation, a portion of proposed Cypress Point multiple-family develop- ment northeasterly of Spring Glen Elementary. Council concur. Public Hearing Letter from Policy Development Department requested public hearing be West Hill Pump set for July 26, 1982 regarding West Hill Pump Station Annexation Station located between Renton Avenue and Renton Avenue Extension, adjacent to city boundary. Council concur. 1983-1989 Letter from Policy Development Department submitted 19 projects for the Capital 1983-1989 Capital Improvement Program. Three projects are related to Improvement Airport, six to Water Utility and ten to Sewer Utility. Refer three Program airport projects to Airport Committee and six water utility and ten sewer utility to Utility Committee for recommendation on priority order. Port Quendall Misty Cove Condominium Association Board of Directors requested Council Approval Reques record to indicate their support for approval of the Port Quendall project. Refer to Planning and Development Committee for information only. - State Highway Letter from State of Washington, Department of Transportation, presented Route certification of state highway routes within the city limits as of Certification July 1 , 1982. Refer to Public Works Department. Bid Opening - Letter from City Clerk' s Office presented summary of bid opening of Wisconsin July 8, 1982 for sale of surplus 1957 Wisconsin Screening Plant. Six Screening Plant bids received, high bid of $7,600 from Dulin Construction, Centralia , Sale Washington. Accept high bid. Sanford Webb, Court case was filed by Sanford E. Webb contesting the Hearing Examiner' s Court Case decision to uphold Public Works Department recommendation to deny his application for permit to construct a staircase on Mill Avenue South public right-of-way median (File #AAD 034-82) . Refer to City Attorney and insurance carrier. Claim for Claim for damages was filed by Jeffrey Bell for damages caused to rental Damages home in the amount of $477 due to alleged city sewer drainage back-up. CL 39-82 Refer to City .Attorney and insurance carrier. Holvick deRegt Land Use Hearing Examiner recommended approval with conditions of Final Koering Final Plat 096-81 located west of Powell Avenue Southwest, north of the exten- Plat FP 96-81 sion of Southwest Tenth Avenue, east of the proposed P-1 Channel , and south of the Milwaukee Railroad property; Holvick deRegt Koering. Refer to Ways and Means Committee. Appeal of E&B Appeal has been filed by Robert L. Anderson, attorney for EBB Developers, Developers Inc. , of Hearing Examiner' s decision of May 24, 1982, regarding rezone Rezone by EBB Developers of south side of SW Grady Way and north side of SW R 026-82 12th Street between Seneca Avenue SW and Raymond Avenue SW. Refer to Planning and Development Committee. Consent Agenda MOVED BY CLYMER, SECOND BY HUGHES, ADOPT THE CONSENT AGENDA AS PRESENTED. Approved CARRIED. ForU city Clerk's Office Only AGENDA ITEM . RENTON CITY COUNCIL MEETING SUBMITTING s Office For Agenda Of July 12, 1982 Staff Contact Del Mead., City Clerk Meeting Date) Old Business NeW Business Exhibits: (Legal A. 6/82 Other B^ An eal Approval : C. CY-~y rl~rk/ s | ~ttp-r' - 1;/95/R7 Legal Dept' Yes No' N/A COUNCIL ACTION Refe to pl.anning Finance Dept. Yas` No. N/A , Other Clearancei& Development Committee i FISCAL |MPALT: Amount Approprlat|on- E pan6ytura u red $ Budgeted Transfer Requlre SUMMARY (Background information, ' lor action and effect of implementation) Atta6h 'dd| tYona' l pages /f necessary.) R-*26-82 E & B DeValopers, Inc. South -side of'S.W Grady Way and i No th side of S.W. 112th Straet6atwaen Seneca Ave. S.W. and Raymond Av nue S.W.3.W. nPARTIES F R RD/|NTERE TED C|T|ENS TO '8[ CONTACTED: SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. r Altar t a H l I j 0 M H Jr AP ... 0 IA lif• 4 Elasip td 44..2am1I IR li. IV 1, OP AI ya \\ Ati'• r rrM IfJp r r'I. A yt1 T h II 0 1 --------7- j I 3, ,.. ill 1 to OM _1 us igiou' lliiii.111111111111114-- 1 K J LP......41111111' Iv 111 1-. 4101b. 1 I S k 41, t '. 4 i -, i li t w• - - ?:-; .- - If r 6.......it' e s Ij di!1 rairial. 1' i 47 IrP ifair1P t; s r a 1 11 4.1"t ` K y,py t 1 I r e e e if I 11..- ter. ,_...<.- 4r H E & B DEVELOPERS, INC. FILE NO. R-026-82 THE ATTACHED WAS SUBMITTED WITH THE APPLICANTS REQUEST FOR RECONSIDERATION. g. 0 T 1.4 PARCEL A 00 CrJ Q- - LoT 5" CD LGf 4 . 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NeT0 - i 7i11co 4-css 4183 j NEB 37G0 I I I 1?PxnJ 4 nTIC°" ' 78 1975 1 i v p a— J' I1 14& 1811 IS 3S s. . d G ALL e7_ PAR74,..,: y. 1.,:,..., 15, IT.:.: 0,4.......p.,,:..:: G 7------. a wr swu+ Ir I i pvv1GYsz= cos+o 7xn 114a't'wb' G1rEs47.}1 1,2/ C•o srr-,.1ariOrl -NM. v Il 0 I ti ti dNTCNUPPERSITE 1r¢,ol-d.HANsEN HANSEN & ® . __0 n WEST GRADY WAY RENTDN WA. JOHNSON I DRAW x By_r-s E /( ie/ 17b2. E & B DEVELOPERS, INC. FILE .NO. R-026-82 THE ATTACHED WAS SUBMITTED WITH THE APPLICANT"S REQUEST FOR RECONSIDERATION. NEEL - COPIES TO: SENT n . CITY ATTORNEY' S OFFICE RECORD CHRONICLE (PRESS) X . MAYOR'S OFFICE . X CITY COUNCIL I0 FINANCE DEPARTMENT x HEARING EXAMINER TOL(01 'fie . X LNG DEPARTMENT PUBLIC WORKS ' DIRECTOR UTIL'ITY ENOTNIERING 1< PETITIONER/APPLICANT COD-. INSURANCE CARRIER. STREET .DEPARTMENT Qe, ¢/sc X • BUILD DEPARTMENT JC 7 ( ina X OF ;R AN o THE CITY OF REN.TON U ,b 0. Z j MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 n P.BARBARA Y. SHINPOCH, MAYOR DELORES A. MEAD C.M.C. 094 l co' CITY CLERK • (206) 235-2500 0, 94T€ D S *, 1 li June 25, 1982 I CERTIFICATE OF MAILING STAT OF WASHINGTON) ss. - C,OUN Y OF KING I v i DELORES A. MEAD, City -Clerk of the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United Sta es and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. P That onithe 25th day of June, 1982, at the hour of 5:00 p.m. ,11 your affiant duly mailed and placed in the United States Post Office at Ren#on, King County Washington, by first class mail , to all parties of rec rd, a true and correct NOTICE OF APPEAL OF THE HEARING EXAMINER' S DECISION FILED BY ROBERT L. ANDERSON, ATTORNEY FOR E & B DEVELOPERS, INC. . IR-0 6-82. i 11 1 l Pi frTres A. Mead, Ci;t lerkISCRIBEDANDSWORNTOBEFOREmethis25thdayofJune, 1982. Hi tqX)k C-(\ i , Utue No ary• Public in and for the State II ofItWashington, residing. in King C un ty F iss I i i 1 i I, Il IOF 4 40$ o z THE. CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o ins q o) BARBARA Y. SHINPOCH, MAYOR DELORES A. MEAD C.M.C. 9,o Ii tr CITY CLERK •' (206) 235-2500 O94TFD SEP P it June 5, 1982 APPEAL FILED BY ROBERT L. ANDERSON, ATTORNEY FOR E & B DEVELOPERS, INC. RE': ppeal of Land Use Examiner's Decision Dated May 24, 1982 - R-026-82ij To Parties of Record:) Pars ant to Title 4, (Chapter 30, City Code, written appeal of Land Use Heari'ng. Examiner' s decision has ' been filed with the City Clerk, along with the proper fee oilf $25.00. NOTIE IS HEREBY GIVEN that the written appeal and other pertinent documents will . be reviewed by the Council 's Planning and Development Comm' ttee and will be considered by' the City Council when the matter is reported out of Committee. Plealse contact the Council Secretary 235-2586, for date and time of the ommittee and council meetings, should you desire to attend. Your very truly, CITY OF RENTON Delores A. Mead, C.M.C. Cfi t') Clerk dAM/ss i I, If I iI i I I I1 i I ANDERSON 8C c.J.ACKSON ATTORNEYS AT LAW ROBERT L.ANDERSON PHONE: RICHARD A.JACKSON III WILLIAMS AVENUE SOUTH-P.O.BOX 454 206) 228-1880 MICHAEL B.GOLDENKRANZ RENTON,WASHINGTON 98057 rr ry,1N25/62/4 oL June 23 , 1982 GG' To the Members of the c `' © OFF C)il Renton City Council s` G\\ iRc`t Municipal Building Renton, WA 98055 Re: 1. Appeal from Hearing Examiner' s Report and Recommendation Dated 'May 24 , 1982 , and Hearing Examiner's Letter dated June 10 , 1982, and Response to Request for Reconsideration: 2. Applicant E & B Developers, Inc. , and Philip F. Irwin, DVM, Frank J. Fall, DVM, and Eugene C. Sprout, and 3 . File No. R-026-82 . Dear Members of Renton City Council: Pursuant to Title 4 , Section 3016 , Renton Municipal Code, applicant, E & B 'Developers , Inc. , and Philip F. Irwin, DVM, Frank J. Fall, DVM, and Eugene. C. Sprout, appeals from the Hearing Examiner ' s decisions dated May 24 , 1982 , and June 10 , 1982 . Robert L. Anderson, of Anderson & Jackson, represents . applicants . I. BACKGROUND INFORMATION: The Hearing Examiner recommended a rezone of Parcel A and Parcel B to B-1 for the purpose of constructing a combination office building and veterinary clinic on Parcel A, and a parking lot on Parcel B, subject.,to . certain conditions. Applicant appeals from the conditions imposed and the failure to recommend removal of an existing restrictive covenant on Parcel B. II . ':APPLICANT REQUESTS THE FOLLOWING RELIEF: A. Removal ' of restrictive covenant requiring a land- scape setback of . 20 ' from. the north property line on Parcel A. .Applicant requests the landscape setback be in accordance with Zoning Ordinance 4-716 (Arterial Street Setbacks) and the Policies Element of the Comprehensive Land. Plan adopted February 23 , 1981, by the City of Renton. IN Renton City Council June 23 , 1982 Page 2 B. Removal 'of restrictive covenant requiring a land- scape setback of ,10 ' from the east and west property lines of !Parcel A. Applicant tequests that the landscape setback be l5' on the east and west property lines, in accordance Wit Zoning Ordinance 4-711 (B-1 Business District) and the Policies. Element ; of the 1981 Comprehensive Plan. C. Removal . of the existing restrictive covenants on Pa cel B. Applicant request A 10 ' landscape setback on the so th side and al5' landscape setback on the east and west sides of Parcel B, as indicated in the parking lot site plan for Parcel B and, in accordance with Zoning Ordinance 4-2204 Landscaping for' Parking Lots) and the Policies Element of the 1981 Comprehensive Plan. III . THE APPLICANT SUBMITS THAT THE HEARING EXAMINER MADE SUBSTANTIALIERRORS IN HIS FINDINGS AND CONCLUSIONS AS HEREINAFTER SET FORTH: A. In Finding 7 the Hearing Examiner erroneously Used the 1976 Green River Valley Comprehensive Plan as his so]re basis for imposing M-P (Manufacturing Park) type landscape setbacks. To properly1plan land use, one must consider not only th Green River Valley Comprehensive Plan, but must also co sider the Policies Element of the City's Comprehensive Plan, and the existing landscape setback ordinances which refine these policies, goals and objectives . The Green River Valley Comprehensive Plan was adopted iby the City of Renton on June 14 , 1976 . The City thereafter refined its landscape goals and policies in the Policies Element of the Comprehensive Plan dated February 23, 1981. The landscape objective and policies of the City, as set forth in the Policies Element of the 1981 Comprehensive Pl-n are as follows: 3 .C. LANDSCAPE OBJECTIVE: Landscaping should be used for buffering, screening less attractive activities, and minimizing detrimental impact between uses. POLICIES: I l 1. ' Landscaping which enhances the primary design should be placed around all structures, in the interior of parking lots, and along the periphery of the site. 1* Renton City Council June 23 , 1982 Page 3 I 3 . Landscaping which is suitable for screening and buffering should be provided between use areas. 5. To provide continuity adjacent owners should lie encouraged to landscape and maintain planting strips and (sic) portions of unimproved public rights-of-way. 6. Areas with a common theme or design should be encouraged to adopt a landscape theme. " Emphasis added) The City implemented these goals and policies by adopting the following ordinances : 1. 4-716 -- Arterial Street Setback - requires 10 ' landscape setback from the property line or 20 ' from the back of ' the sidewalk, whichever is less. 1 2 . 4-711 -- B-1 Business District - no landscape setback. . 3 . 4-712 -- L-1 Light Industry -- no landscape setback. 4 . 4-730 .030 -- Manufacturing Park -- requires a 10 ' landscape setback from the property line. 5. 4-2202 -- Landscaping for Parking Lots -- 5 ' of landscaping required on those sides of the park- ing lot which are adjacent to properties used and/or zoned for residential purposes. The setback requirements imposed on Parcel A are in direct conflict With the City' s policy that landscaping sholuld provide 'that "areas with a. common theme or design shoiuld be encouraged to adopt .a 1,ands.cape theme". (_Policy 3. , Ex . n,e.r.. 6) . The 1andscape 'setbacks 'suggested by the 'Hearing i result in Parcel A being the only property in this area of Grady Way with 'such a setback requirement and destroy uniformity or continuity in landscaping along Grady I4y' between Rainier Avenue Southland Springbrook Creek. (See Exhibits A and B; attached). B. • Finding 7 erroneously finds that' 'the subject site is in a,n area :suit:able for, Manufacturing Park. typedevelop- men,t or. use, .as proposed- by the Green 'River Comprehensive Plan. The area between Grady Way and I-4.0.5 bounded by. Rainier Avenue SL on the east, and Springbrook Creek on the Renton City Council June 23 , 1982 Pa e 4 we t is not suitable for development as a manufacturing pa9k district. Examples of suitable manufacturing park districts are the areas north of Grady Way and the areas south of I-405 . Even in an M-P district, the landscape setback is only 10 ' from the property line (Ordinance 4.730 . 030).. In conclusion No. 3, the Examiner states that B-1 is mo e realistic:: for this area in terms of the lot size. This is a small, ; unique area made up of 30 ' x 100 ' lots en umbered by utility easements and divided by alleys. It is error and inconsistent to apply manufacturing park con- cepts, standards; and landscape requirements to an area that hasp been, and islcontinuing to be, developed as a B-1 zone. Conclusion 3 of the Hearing Examiner's Report and Recommendations dated May 24, 1982, stated, in part, that: reclassification of the subject parcels to 1 B-1 . . . is more realistic in terms of the lot area of the subject properties. " The Hearing1Examiner by letter dated June 10, 1982, acknowledged that the subject parcels are not suitable for Manufacturing park development. He stated: While the property is in 'separate parcels not -siiitabl;e for development of manufacturing park type 'uses under the strict provisions of Section 4'-730, the property is amenable to pro- viding development somewhat in conformance with the goals and policies which provide for develop- ment with greater setbacks and landscaping. " Emphasis added) . Notwithstanding his recognition that the property is not suitable for manufacturing park development, primarily because of the i}ot size, and his recommendation that the subject parcels !be 'reclassif.ied from G-1 and L-1 to B-i, the nevertheless ;recommends landscaping setbacks far more re trictive than that required for an M-P classification. 1T'he pertinent provisions of Section 4-730 M-P Manufacturing Park District, provide: 4-730 .0301.Limitations on Permitted Uses . Every use permitted shall be subject to the following conditions 'and limitations: 1 1 i I Renton. City Council, June '23; .1982 Pa 5 I 2... . . .a ten. (14 €oot. .strip adjacent to such property line shall be appropriately land- soaped and maintained . . . " . I Se tion 4-711, B-1 Business District, does not require any la dscape setback. Section 4-716, Arterial Street. Setback, re wires a ten (10) foot landscape 'setback from the 'propertysineortwenty (20) feet from the back of the sidewalk, wh1chever is less. The effect of the recommendation of the Hearing Exaniiner! would be to require a landscape setback of thirty-six (36) feet from the back of the sidewalk on Grady Way• In view .of the above referenced zoning requirements , the recommendation of the Hearing Examiner that the reclassi- fi .a.ti.on of the subject properties from G-1 and L-1 to B-1, subject to the execution of restrictive covenants requiring a andscaped 20 feet setback from Grady Way, and a landscaped 10 foot setback along the east and west property lines, is u easonable, rIrkabitraryandcapricious. . I Further, such recommendation is an invasion by the He Examineriof the legislative powers of the Renton City Council. The 'City Council alone has the power and duty to carry to fruition the objectives of the Comprehensive Plans th. oughh .the medium of zoning regulations. The Hearing xaiminer should not be allowed to frustrate the collective wisdom and judgment of the City Council by usurping the legislative powers of this City Council.1 1 The 1976 Green River Comprehensive Plan, as to manufacturing park districts, was a well conceived plan at one time but, asitime passes, the usage has changed. This is indicated by. the B-1 zoning presently existing in the M-P areas of the 'Gre6n River Valley Comprehensive Plan (GRVCP) along Grady Way,and S.W. 43rd St. The 'GRVCP is now outdated of . this unique .area bounded by Grady Way, .I-405, Rainier Solith. and Springbrook Creek. Attached are Exhibits A and B showing the B-1 zoning and landscape 'setbacks presently existing along Grady Way in the subject area. The Green River Plan, ,at page '2, states: The 'Plan i.s; of necessity general in its proposals. It must be 'glexibl'e, since it is impossible to predict all; future events which may af.fedt the ' conul}unity.i i The Plan was adopted, June 14, 1976 . The Plan canno.tr_be used as a basis 'for' establishing landscape setbacks in a 11 1 Renton City Council June '23; .1982 Pa ie 6 developed and developing B-1 zone in 1982. As stated at page 6 of the Green River Valley:..Comprehensive Plan, the landscaping area should be established to create a favorable image and, as between areas of incompatible landI se, should be used to minimize difference. The landscape setbacks proposed by the Examiner are not consistent with the subject area! and would not create a favorable image. See Exhibits A and B and 4-716. The project of the applicant is compatible with the present B-1 zoning and withtheusesthatnowexistinthearea. C. Finding. II is in error in that the rezones men- tioned •by the Hearing Examiner are not comparable' to the subject property;. The Hearing Examiner, in his letter of June 10, 1982, admits that the various reclassifications he cited in his . Report and Recommendation dated .May' 24, 1982, are not all located adjacent! to the subject site, but he states they are located within the areas covered by the Green River Valley Comprehensive Plan. It is pointed out that the GRVCP is bordered on the 'north by Sunset Boulevard, on the east by ith Valley Freeway, on the south by S.W. 43rd Street, and on the west by the 'Green River. It would again be pointed out it* the subject rezone is in a small, unique area of 30 ' x 100,' lots, divided by alleys, which make it virtually imbossible to develop manufacturing park uses. If the Hearing Examiner is going to use landscape setback require- zne$ts required ih other rezones as a basis for establishing a landscape setback requirement in the 'subject rezone, he sh(!puld at least 'use adjacent properties' or properties within this smallrunique area ofntheCity. He should further cosider the 'City' s own objectives and policies' which seek to provide continuity of landscaping between adjacent lowers and which seek to provide a common theme or design in the landscaping. What may be 'appropriate for manufacturing park areas south of I-405 or north of Grady Way are not necessarily appropriate for the small area between Grady Way an 1-405, ,since 'such Parcels are not truly comparable. • In or. .ex to support the Hearing Examiner' s conclusion that ma ufacturing park type setbacks were necessary for the su ject property, he cited the following rezones . A review of these 'rezones will show that they are not truly com- iparable to the subject property and do not support the conclusion reached by the Hearing Examiner: 1. O'Brien Rezone (R885-761 . This is not a B-FL zoning but an L-1 zoning where more restrictive set-ba, ks may be appropriate. 1 Renton City Council June 23 , 1982 Pag 7 I 2. Divelbiss (R-016-77); . This property does not fro t on Grady Way and does not abutt Parcel B. This is an -1 rezone where more restrictive covenants may be indicated. The setback requirements at this site are certainly not consistent with M-P landscape requirements and the landscaping is minimal. 3 . Thomas Dahlby (R-044-80) . This is an L-1 zoning of property on the south side of I-405 east of Lind. The, landscape setback was 10 feet along the northern property line which. would be adjacent to I-405. This property is nether comparable nor in the 'same 'area::3as as the applicant' s property. 4 .. Olga M. Lewis (R-080-80) . This property is soMth of S.W. 12th and east of Seneca. The restrictive covenants establish no landscape setbacks except that prior to development the Hearing Examiner shall review all site pl ns. 5 . Vehicle Test Technology, Inc. (R-004-81) . Th'.s is L-1 zoned property located north of Grady Way in an ar a identifiable and more suitable for M-P purposes. The ra9tri,ctive covenants require only a 10 ' landscape setback adjacent to S.W. 10th Street and S.W. Grady Way. 6 . LeRoy Bowen (R-030-81) . This is L-1 zoned property. It is located on the north side of Grady Way, ad acent to the Vehicle Test property. The landscape buffer required in the restrictive 'covenants was 10 ' of landscaping adjacent to S.W. 10th and S .W. Grady Way. , D. FindingH '12' 'is in error. The Restrictive Covenant on Parcel B` was placed on this- parcel as the result of a reclassification, arid rezone of this area to 'L=1 'in April of 19 9-. 'Such restrictive covenants are consistent and and re sonable for .:an =1 zone. However, they are not consistent nor reasonable as -to the ,B--1 zoning granted and the appli- cant' s planned parking lot use' 'of parcel' B. I j Parcel B has been L-1 since April of 1979. The land- sc pe .restricti;ve. covenants were reasonable in 1979 because of the; .property' s. potential use as a junkyard, manufacturing buiiness, lumber:, coal and fuel yard, or truck hauling company. However, it is now B-1 zoned in an area that is. in transition to, B-1. The aforementioned uses underoL-1 are 11107- a threat. This parcel is to be developed as a parking lot for the proposed building on Parcel A. The entire area As j-J1 'a transition to. B-1. The Hearing Bxariner' s Conclusion No. 3 'indicatesj'that B-1 is more .realistic in terms of the llot, .areas found in this small area between Grady Way and I- 405. The. Hearing Examiner acknowledges in Conclusion No. 2 I 1 i 1 Renton City Council June 23 , 1982 1 Page 8 th t the area is ; undergoing the later stages of transition from single family use to commercial uses. The Hearing Examiner erred in his Conclusion No. 4 that the applicant ha not demonstrated that conditions have changed since Parcel B was rezoned to L-1 in 1979. The area has changed in its makeup. , The applicant' s suggested landscaping shc?uld be more than adequate and suitable in order to meet al4 of the goals and objectives of the City' s Comprehensive Plan together with its appropriate ordinances regarding landscaping. I E. Conclusion A regarding: Parcel- A is erroneous in that it la :not :supported by the Findings. : The existing uses in the area are not observing landscape setback requirements nearly as restrictive ,a;s; the Hearing- Examiner has imposed upon applicant.' •(-S-ee Exhibits.-`A.,and: B') .• I The applicant can find no restrictive covenants as to ilandscaping setbacks along Grady Way South between Rainier Avenue South and Springbrook Creek similar to those being recommended for 'the subject site. 1 1. The site plan of the existing Boeing building to the west of the subject property and located on the south si _e of Grady Way provides for a 5 ' landscape setback from Grady Way and a !3 ' landscape setback on the east property line. J2. The Site Plan for the new building being nstructedc immediately west of the Boeing building provides a 5 ' landscape setback from the property line along Grady Way and a. 5 ' landscape setback on the west boundary and a 10 ' landscape setback on the south boundary. 3 . The restrictive covenants for Duane Wells on Ian office building located on the NW corner of Lind and Grady Way merely require that the landscape plan shall be approved by thel City of Renton Planning Department and should be prepared in accordance with the applicable City io Renton ordinances and City Council Resolution 1923 . 4 . The restrictive covenants of David A. Sabey 2-387-79) on property where Boeing is located only require that the setback and landscape requirements be inaccord- ance with _a Manufacturing park district, under Section 4730.. This requires only a 10 ' landscape setback from the property line on Grady Way. I 1\I Ren-on City Council June 23 , 1982 PagS 9 IV. THE CITY'S PROFESSIONAL STAFF HAS REVIEWED THE APPLICANT'S SITE !PLANS AND HAS APPROVED THE LANDSCAPING SETBACKS AS PROPOSED BY APPLICANT. • 1 1, Don Monahan, the City Engineer, has located on the applicant' s Site •Plan where the improvements on Grady Way Will be located and has established the future location of th sidewalk. 1 2. Jerry Lind, the City Landscape Architect, has in pected the applicant' s preliminary Site Plans and approved th landscaping setback requirements along Grady Way, based on Ordinance 4-716 (Arterial Street Setbacks) . It should be no ed that Mr. Lind has established the landscape setback as 201 from the back of the sidewalk, in accordance with the ordinance. I V. CONCLUSION: 1 On behalf Of the applicant, the undersigned respect- fully requests that the City Council overrule the Hearing Exjminer' s recommendations that Parcel A should have restrict- iive covenants requiring a landscaped 20' setback from Grady Way and 10 ' landscape setback along the east and west property lines and that Parcel B should continue to be encumbered by a restrictive covenant established in 1979 requiring land- scape setbacks of 10 ' on the southerly property line and 5 ' or1 the east and 'west property lines. The applicant respectfully requests : 1 I A. That the landscape setback requirements for Parcel A be in accordance with B-1 zoning and City Ordinance 4-716 and the Policies Element of the City' s Comprehensive Plan dated February 23, 1981. This would require a 20 ' landscape setback from the back edge of the sidewalk along Grady Way and . a 5' landscape setback from the east and west property Hines. B. That the restrictive covenant on Parcel B imposed as the result of an L-1 rezone in 1979 be removed. That the landscape setback be established as 10' on the southerly property line and 5 ' on the east and west property lines, according to City Ordinance 4-2204 and in accordance with the Policies Element of the Comprehensive Plan dated - Fl br-uary 23, 1981. I Respectfully submitted, ANDERSON Y fey L. Anderson JJ c: Clients i I ir1,.‘ • e2, 71 P; X27 , 1-' 1, C.; 1..--",.--•--.., 7 1 t:: ,---.ki. 11, 1 0;zC 1; L' A s'f. i dl''' 0 0.-..,, ii, ',;;____-* ----_..; -----_, 1,` ifil f;' d' il " ------------- 1— ,‘.. .. i , 7 //// 11" ce Ey_ 0LL. .._ 1 4. .. P.;;:...;•- 40 K 4- 1/..: r------------- i- i- 11/ 1//'''- ------_-:-------------::-------- 1 ' 1 11.''''''-: ' ,,,-, 7-, X7 . 1-'\' 4 2. ,, , d, e,e- :///<-','. 1 e'-' 4'-'• -'• 1 r"." ' - . il cif 77- f- o. fre, 4'(•-; . . r_...,. ..„.„:„.,-• ;;:,---;•-, 1 n. 44'...::!') re. r...-- 7-, 7- • IF_--..,-,__—• 0 > - HPq 1 H 1 ,...• .. W.rx1 f1 Zid R ` EXHIBIT B On File in the, City Clerk' s Office CIT OF REP `ow • No 23257 FINANCE DEPARTMENT RENTO , WASHINGTON 98055 94 19 RECEIVED OF 6 4-d63 -6Q41-ll.C3 Z.QIn l l l I j 1 1 TOTAL. AS __ GWEN E. MARSHALL, FIN CE DIRECTOR BY lam 1 I 1 1 1 Ili 11 1 I iI II 1 1. I / i OF R4, A II O THE CITY OF RENTON o 4$ 0 z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 co BARBARA Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER o' 9,c o-FRED J. KAUFMAN. 235-2593 09 Q June 10, 1982 1TFO SE IlesMr. Robert L. Anderson , Attorney at Law P.O. Bo\x 454 Renton, WA 98057 RE: File No. R-026-82; E & B Developers , Inc. ; Request for Reconsideration. Dear Mr. Anderson: I have Reviewed your request for reconsideration in the above entitled matter and rriy response follows . The imposition of setbacks not dissimilar to those required in the M-P Manufac\turing Park) zone are an attempt to provide some fidelity to the goals and policies set forth within those documents. While the property is in separatelparcels not suitable for the development of manufacturing park type uses under the strict provisions of Section 4-730, the property is amenable to providing development somewhat in conformance with the goals and policies which provide for development with greater setbacks and landscaping. There has been no direct or indirect refutation of the goals and policies of the Green River Valley Comprehensive Plan. The various reclassifications cited, while not all located adjacent to the subject site, are located within the area covered by the Green River Comprehensive Plan. With respect to their individual characteristics , they do provide some measure of compatibility to that plan. Further, It he applicant has the burden of demonstrating that circumstances have so changed that the prior' existing zoning should be changed. The setbacks for property zoned L-1 (Light ' Industry) are the same as those of the B-1 zone Section )+-712 (C) ) , and therefore the applicant has not demonstrated that the covenants \ imposed by the City Council in 1.979 should be modified. The site plan with the exception of the required setbacks appears to provide an acceptable development plan, and therefore the condition requiring site plan approval i\s eliminated. The findings will be modified to reflect that all buildings will be located on Parcel A and only parking will be provided on Parcel B. A new appeal period has now been established for this matter to expire on June 24', 1982. For further information, please feel free to call . Sincerely , F w Fred J . Kaufman Hearing Examiner cc: Parties of Record I ANDERSON & JACKSON" ATTORNEYS AT LAW ROBERT L.ANDERSON PHONE. RICHARD A.JACKSON III WILLIAMS AVENUE SOUTH•P.O.BOX 464 206) 2213-1880 RENTON,WASHINGTON 98057 MICHAEL B.GOLDENKRANZ June 7 , 1982 REC Ciry EI-ED R,OG RE EONR Fred J. Kauffman JUT,' r (1 AM J(.11 r b 7932 Land Use Hearing Examiner City of Renton 7'8'9rlO,fl 121I i2 31 ` PM 200 Mill Avenue 'S . 1 16 Renton, WA 98055' Re: Request for Reconsideration Applicant: E & B Developers , Inc. File No. R-026-82 Hearing Date : May 13, 1982 Report ; and Recommendation dated May 24 , 1982 Dear Mr. Kauffman: IPlease accept this letter as the above applicant' s request for a reconsideration of portions of your Report and Recommendation dated May 24 , 1982 . I . APPLICANT REQUESTS RECONSIDERATION AND THE FOLLOWING: A. Removal of restrictive covenant requiring a land- scaped setback of'' 20 ' from the north property line on Parcel A. \It is requested that ::.,:, landscape setback be in accord- ance with Zoning Ordinance 4-716 (Arterial Street Setbacks) . B. Removal of restrictive covenant requiring a land- scaped setback of 10 ' from the east and west property lines of Parcel A. It is requested that the landscape setback be five feet on the east and west property lines. C. Removal of the existing restrictive covenants on Parcel B. It is requested that there be a 10 ' landscape setback on the south side and 5 ' landscape setback on the east \ and west sides of Parcel B, as indicated in the park- ing lot Site Plan for Parcel B and in accordance with Zoning Ordinance 4-2204 (Landscaping for Parking Lots) . D. Waiver of; the requirement for Site Plan approval by the Hearing Examiner. It is requested that the Site Plan \(Exhibits B, C, D and E) be approved at this time or delegate approval to the City' s professional staff. This approach is consistent with the regular building permit process where all of the city departments review the Site Plan. 1 r Fred J. Kauffman June 7 , 1982 Page 2 II . THE APPLICANT RESPECTFULLY SUBMITS THAT THE DECISION OF THE HEARING EXAMINER AS SET FORTH IN THE REPORT AND RECOMMENDATION SHOULD BE CHANGED IN THE FOLLOWING PARTICULARS : A. Finding 7 should show that the area is not suitable for manufacturing park type development or use, as proposed by the Green River Comprehensive Plan. The area between Grady Way and I-405 (which is bounded by Rainier Avenue South on the east, and Springbrook Creek on the west) is not suitable for development as a manu- facturing park district. This is a small, unique area which is made up of 30 ' x 100' lots encumbered by utility easements and divided by alleys. It would be all but impossible to acquire sufficient lots to develop a manufacturing parkdistrictanditisinconsistenttoapplymanufacturing park concepts and standards to an area that has been, and is continuing to be, developed as a B-1 zone. An example of a suitable manufacturing park district would be the area north of Grady Way. Even in an M-P district, the landscape setback would be only 10' from the property line (Ordinance 4-730 .030) . In Conclusion No. 3, the Examiner acknowledges that B-1 is more realistic for this area in terms of the lot size. However, it is then inconsistent to apply landscape require- ments suitable for a manufacturing park or light industry L-1) to B-1. The Green River Comprehensive Plan (GRCP) , as to manufacturing park districts, was a well conceived plan at one time but, as time passes, the usage has changed. This is indicated by the B-1 zoning presently existing in the M-PareasoftheGreenRiverComprehensivePlanalongGradyWay.The GRCP is now outdated for this unique area bounded by Grady Way, I-405, Rainier South and Springbrook Creek. Attached as Exhibit A is a map showing the B-1 zoning andlandscapesetbackspresentlyexistingalongGradyWayin the subject area. The Green River Plan, at page 2 states: The Plan is of necessity general in its proposals. It must be flexible, since it is impossible to predict all future events which may affect the community. " The Plan was adopted June 14 , 1976 . It should not be used as a basis for establishing landscape setbacks in a developed and developing B-1 zone in 1982. As stated at page 6 of the Green River Comprehensive Plan, the landscaping area should iI 1 Fred J. Kauffman June 7 , 1982 Page 3 Ibe established to create a favorable image and, as between areas of incompatible land use, should be used to minimize differences. The landscape setbacks proposed by the Examiner jarie not consistent with the subject area. See Exhibit A and I4-1716 . The project of the applicant is compatible with the 4present B-1 zoning and with the uses that now exist in the area. I B. Finding, 11 should show that the rezones mentioned kare not comparable to the subject property. IIThelandscapingsetbackexamplescitedbytheHearing Examiner are asfollows: j i 1. O'Brien Rezone (R885-76) . This is not a B-1 zoning but an L-1 zoning where more restrictive setbacks may be appropriate. 1 2. Dilelbiss (R-016-77) . This property does not fro t on Grady Way and does not abutt Parcel B. This is an L-1 rezone where more restrictive covenants may be indicated. Thelsetback requirements at this site are certainly not consistent with M-P landscape requirements and the landscaping us minimal. i 3 . Thomas Dahlby (R-044-80) . This is an L-1 zoning of property on the south side of I-405 east of Lind. The \ landscape setback was 10 feet along the northern property line which would be adjacent to I-405 . This property is neither comparable nor in the same area as the applicant' s property. I I 4. Olga M. Lewis (R-080-80) . This property is south of S.W. 12th and east of Seneca. The restrictive covenants establish no landscape setbacks except that prior to development the Hearing Examiner shall review all site pianls. i, 5. Vehicle Test Technology, Inc. (R-004-81) . This is L-1 zonedlproperty located north of Grady Way in an area identifiable '\and more suitable for M-P purposes. The restrictive covenants require only a 10' landscape setback adjacent to S.W. 10th Street and S.W. Grady Way. 1 I 6 . LeRdy Bowen (R-030-81) . This is L-1 zoned property. It is located on the north side of Grady Way, adjacent to the Vehicle Test property. The landscape-.,, buffer required inLthe restrictive covenants was 10' of landscaping adjacent to S.W. 10th and S.W. Grady Way. I I r Fred J. Kauffman June 7, 1982 Page 4 C. Finding 12 is inconsistent. The restrictive covenant establishing setbacks on Parcel B were conditions of the L-1 reclassification in April of 1979 . At that time such restrictive covenants may have been consistent and reasonable for L-1. However, at the present time they are not consistent or reasonable as to B-1 zoning and the appli- cant' s planned parking lot use of Parcel B. D. Finding 8 is incorrect. Parcel B is for parking, not a veterinary clinic. E. Finding 10 is incorrect. Applicant plans to improve the existing minimal storm drainage system -- not merely utilize it. F. Conclusion 4 is not supported by the Findings. The general area is not governed solely by the Green River Valley Comprehensive Plan, but is refined by the following City of Renton Ordinances : 1. 4-716 -- Arterial street setback - requires 10 ' landscape setback from the property line or 20' from the back of the sidewalk, whichever is less. 2 . 4-711 -- B-1 Business District - no landscape setback. 3. 4-712 -- L-1 Light Industry -- no landscape setback. 4 . 4-730 -- Manufacturing Park -- requires a 10' landscape setback from the property line. 5. 4-2204 -- Landscaping For Parking Lots -- 5 ' of landscaping required on those sides of the parking lot which are adjacent to properties used and/or zoned for residential purposes. G. Conclusion 4 regarding Parcel A is not supported by the Findings. The existing uses in the area are not observing landscape setback requirements nearly as restrictive as the Hearing Examiner has imposed upon applicant. (See Exhibit A) . The applicant can find no restrictive covenants as to landscaping setbacks along Grady Way South between Rainier Avenue South and Springbrook Creek similar to those being recommended for the subject site. I Fred J. Kauffman June 7 , 1982 Page 5 1. The site plan of the existing Boeing building to the west of the subject property and located on the south siide of Grady Way provides for a 5 ' landscape setback from Grady Way and a 3 ' landscape setback on the east property line. I2 . The Site Plan for the new building being constructed immediately west of the Boeing building provides a 5 ' landscape setback from the property line along Grady Way and a 5 ' landscape setback on the west boundary and a 10 ' landscape setback on the south boundary. 3 . The restrictive covenants for Duane Wells on an \office building located on the NW corner of Lind and Grady Way merely', requires that the landscape. plan shall be approved by the City of Renton Planning Department and should be prepared in accordance with the applicable City of Renton ordinances and City Council Resolution 1923 . 4 . The restrictive covenants of David A. Sabey R-387-79) on property where Boeing is located only requires that the setback 'and landscape requirements be in accordance with a manufacturing park district, under Section 4 .730. This requires only a 10' landscape setback from the property line on Grady Way,. IH. Conclusion 4 regarding Parcel B is not supported by the Findings . Conditions have changed since the re- strictive covenants were imposed on Parcel B in 1979 . In 1979 , Parcel B was rezoned to L-l. Under such a zoning, appropriate buffer areas were warranted. Such an L-1 zone would have allowed businesses such as junk yards, manuifacturing, lumber, coal and fuel yards , and truck haul- ing companies to operate. With such businesses a 20 ' landscape setback and a 10 ' landscape setback on the side yards may have been appropriate. However, applicant' s purpose for the B-1 zoning is to construct a parking lot for the new building planned for Parcel A. This will present no height or other intrusions upon the neighbors and the set- backlshould be appropriate for B-1 zoning which, in this case would be 5 ' 'on the east and west property lines and 10 ' on the south property line adjacent to SW 12th as per 4-2204 . III . NEW EVIDENCE. i The applicant\\ requests that the Hearing Examiner accept and approve its Site Plan at this time. (Exhibits B, 'C, D and E .. Fred J. Kauffman June 7 , 1982 Page 6 The Site Plan has been drawn and preliminarily approved by the City of Renton staff. The Site Plan' s landscaping setbacks for Parcel A are established in accordance with the City of Renton Traffic Department Official Plan for Grady Way, which calls for an improved roadway 56 ' curb to curb. The landscape setback as cited on the Plan is in accordance with Ordinance 4-716 , which requires a landscape setback of 10' from the property line or 20' from the back of the curb, whichever is less. The Site Plan' s landscaping setbacks for Parcel B are in accordance with Ordinance 4-2204 . At the hearing on May 13, 1982, the Site Plan was available; however, it only had some of the Department' s preliminary approval. Applicant was not aware Hearing Examiner wanted to see architect' s Site Plan. The last approval on the Site Plan is dated May 20, 1982 , which was after the hearing and before the Hearing Examiner' s Decision. IV. CONCLUSION. On behalf of the applicant, the undersigned respect- fully requests that the Hearing Examiner reconsider the Findings and Conclusions in his May 24 , 1982 , Report and that he enter Findings and Conclusions consistent with this request, and grant the B-1 rezone of applicant subject to the following conditions only: A. Recommend that the landscaping setback require- ments for Parcel A be in accordance with B-1 zoning and City Ordinance 4-716 . This would require a 10' landscape setback on the north property line or 20 ' from back edge of sidewalk and a 5 ' landscape setback from the east and west property lines . B. Recommend that the restrictive covenant on Parcel B, as the result of an L-1 rezone in 1979 , be removed. That the landscape setback be established as 10' on the southerly property line and 5' on the east and west property lines. according to City Ordinance 4-2204 . C. Approve the Site Plan submitted with this request or, in the alternative, delegate approval of the Site Plan to the City' s professional staff and, further, that the installation of landscaping be subject to a review of the City' s landscape architect. Respec .i .."submitted, dderson ttorney for B Developers RLA:jj Fncl S. I,,. . , _. . \ I I 1 F ed J. Kauffman 1J ne 7 , 1982 1 I P ge 7 I I E i.closures: IIE>hibit A - Exiting Brady Way B-1 zoning and setbacks. Ehibit B - Parlel B Site Plan. I IEx, ibit C - Parcel A Lower Site Plan. H; Exhibit D - Parel A Upper Site Plan ia. e. Ex ibit E - Blueprint of Parcel A Upper Site Plan as reviewed by City Departments . I k I I I 1 I I t . • ANDERSON & JACKSON ATTORNEYS AT LAW ROBERT L.ANDERSON PHONE: RICHARD A.JACKSON Ill WILLIAMS AVENUE SOUTH-P.O.BOX 454 206) 228-1880 RENTON,WASHINGTON 98057 MICHAEL B.GOLDEN RANZ June 7 , 1982 EC IVEDdiTyoF HEARING f"EONcivR Fred J. Kauffman AMJU 1982LandUseHearingExaminer 7o r9CityofRenton r101_4,111 r r r PM 200 Mill Avenue S . 6 Renton, WA 98055 Re: Request for Reconsideration Applicant: E & B Developers, Inc. File No: R-026-82 Hearing : Date: May 13 , 1982 Report and Recommendation dated May 24 1982 Dear Mr. Kauffman: Please accept this letter as the above applicant' s request for a reconsideration of portions of your Report and Reco mendation dated May 24 , 1982 . I . APPLICANT REQUESTS RECONSIDERATION AND THE FOLLOWING: A. Removal of restrictive covenant requiring a land- scaped setback of ' 20 ' from the north property line on Parcel A. It is requested that the landscape setback be in accord- ance with Zoning Ordinance 4716 (Arterial Street Setbacks) . B. Removal of restrictive covenant requiring a land- scaped setback of10 ' from the east and west property lines of Parcel A. It is requested that the landscape setback be five feet on the east and west property lines. C. Removal of the existing restrictive covenants on Parcel B. It is requested that there be a 10 ' landscape ' . setback on the south side and 5 ' landscape setback on the east and west sides..of Parcel B, as indicated in the park- ing lot Site Plan for Parcel B and in accordance with Zoni g Ordinance 4-2204 (Landscaping for Parking Lots) . D. Waiver of the requirement for Site Plan approval oy:.ti e' Hearing Examiner. It is requested that the Site Plan (Exhibits B, C, D and E) be approved at this time or delegate approval to the City' s professional staff. This approach is consistent with the regular building permit process where all .of the city departments review the Site Plan. 1 1 1 Fret J. Kauffman Jun 7 , 1982 1 Page 2 1 1 i. II. THE APPLICANT RESPECTFULLY SUBMITS THAT THE DECISION OF THE HEARING EXAMINER AS SET FORTH IN THE REPORT AND RECOMMENDATION SHOULD BE CHANGED IN THE FOLLOWING PAR ICULARS : A. Finding 7 should show that the area is not suitable for anufacturing!park type development or use, as proposed by the Green River Comprehensive Plan. The area between Grady Way and I-405 (which is bounded by Rainier AvenuelSouth on the east, and Springbrook Creek on the west) is not suitable for development as a manu- facturing park district. This is a small, unique area which is made up of 30 ' !x 100 ' lots encumbered by utility easements and divided by alleys. It would be all but impossible to acquire sufficient lots to develop a manufacturing park district and it is inconsistent to apply manufacturing park concepts and standards to an area that has been, and is continuing to be, developed as a B-1 zone. An example of a suit ble manufacturing park district would be the area north of Grady Way. Even in an M-Pdistrict, the landscape setback would be only 10' from the property line (Ordinance 4-730 . 030) . In Conclusion No. ;3, the Examiner acknowledges that B-1 is more realistic for this area in terms of the lot size. Howeer, it is then inconsistent to apply landscape require- ments suitable for a manufacturing park or light industry L-1) to B-1. The Green River Comprehensive Plan (GRCP) , as to menu acturing park districts, was a well conceived plan at one ime but, as time passes, the usage has changed. This is i dicated by the B-1 zoning presently existing in the M-P areas of the Green River Comprehensive Plan along Grady Way. The GRCP is now outdated for this unique area bounded by Grad&r Way, I-405, IRainier South and Springbrook Creek. Attached as Exhibit A is a map showing the B-1 zoning and landscape setbacks presently existing along Grady Way in the subject area. The Green River Plan, at page 2 states : The Plan is ,of necessity general in its proposals. I It must be flexible, since it is impossible to predict all future events which may affect the community. " The lan was adopted June 14 , 1976 . It should not be used as a basis for establishing landscape setbacks in a developed and developing B-1 zone in 1982. As stated at page 6 of the. Gree River Comprehensive Plan, the landscaping area should I Fred J. Kauffman Jun 7 , 1982 P ag 3 I be stablished to create a favorable image and, as between are s of incompatible land use, should be used to minimize dif erences. Theilandscape setbacks proposed by the Examiner are not consistent with the subject area. See Exhibit A and 4-716 . The project of the applicant is compatible with the present B-1 zoning and with the uses that now exist in the area. 1 B. Finding11 should show that the rezones mentioned are not comparable to the subject property. 1 The landscaping setback examples cited':.:by the .Hearing Exa finer are as follows: 1. O'Brien Rezone (R885-76) . This is not a B-1 zoning but an L-llzoning where more restrictive setbacks may be appropriate. 2. Divelbiss (R-016-77) . This property does not front on Grady Way and does not abutt Parcel B. This is an -1 rezone where more restrictive covenants may be indicated. The setback requirements at this site are cer ainly not consistent with M-P landscape requirements and the landscaping is minimal. 3 . Thomas Dahlby (R-044-80) . This is an L-1 zoning of property on the south side of I-405 east of Lind. The landscape setback was 10 feet along the northern property line which would be adjacent to I-405. This property is nei her comparable nor in the same area as the applicant' s pro erty. 4. Olga M. Lewis (R-080-80) . This property is soul). of S.W. 12th and east of Seneca. The restrictive covenants establish no landscape setbacks except that prior to development the Hearing Examiner shall review all site plans. 5. Vehicle Test Technology, Inc. (R-004-81) . This is L-1 zoned property located north of Grady Way in an are4 identifiable and more suitable for M-P purposes. The restrictive covenants require only a 10' landscaped. setback adjacent to S.W. 10th Street and S.W. Grady Way. 6 . LeRby Bowen (R-030-81) . This is L-1 zoned property. It is located on the north side of Grady Way, adjacent to the Vehicle Test property. The landscapes. buffer required in the restrictive covenants was 10 ' of landscaping adjacent to S.W. 10th and S.W. Grady Way. 1 I 1 Fre J. Kauffman June 7 , 1982 Pag 4 1 C. Finding 12 is inconsistent. The restrictive cov nant establishing setbacks on Parcel B were conditions of the L-1 reclassification in April of 1979 . At that time such restrictive covenants may have been consistent and reasonable for L-1. However, at the present time they are not consistent or !reasonable as to B-1 zoning and the appli- can-Ws planned parking lot use of Parcel B. I D. Finding 8 is incorrect. Parcel B is for parking, not a veterinary clinic. E. Finding 10 is incorrect. Applicant plans to improve the existing minimal storm 'drainage system -- not merely utilize it.; 1 F. Conclusion 4 is not supported by the Findings. The general area is not governed solely by the Green River Valley Comprehensiive Plan, but is refined by the following City of Renton Ordinances: 1. 4-71'6 -- Arterial street setback - requires 101' landscape setback from the property line or 20 ' from the back of the sidewalk, whichever is less. 2. 4-71i -- B-1 Business District - no landscape setb ck. 3 . 4-712 -- L-1 Light Industry -- no landscape setb ck. 1 4 . 4-730 -- Manufacturing Park -- requires a 10' landscape setback from the property line. 5. 4-2204 -- Landscaping For Parking Lots -- 5 ' of landscaping required on those sides of the parking lot which are adjacentito properties used and/or zoned for rest ential purposes. G. Conclusion 4 regarding Parcel A is not supported bylthe Findings. The existing uses in the area are not observing landscape setback requirements nearly as restrictive as the Hearing Examiner has imposed upon applicant.' ' (See Exhibit A) The applicant !can find no restrictive covenants as to landscaping setbacks along Grady Way South between Rainier Avenue South and Springbrook Creek (similar to those being recommended for the subject site. d I Fred J. Kauffman June 7 , 1982 Page 5 1. The ;site plan of the existing Boeing building to the west of the subject property and located on the south side of Grady Wayjprovides for a 5 ' landscape setback from Grady Way and a 3 ', landscape setback on the east property line. 2. The !site Plan for the new building being constructed immedi4ely west of the Boeing building provides a 5 ' landscape setback from the property line along Grady Way and a 5 ' lands1cape setback on the west boundary and a 101 _andscape setback on the south boundary. 3. The (restrictive covenants for Duane Wells on anioffice buildingjlocated on the NW corner of Lind and Grady Way merely requires that the landscape plan shall be approved by the City of Renton Planning Department and shoulld be preparedlin accordance with the applicable City of Renton ordinances and City Council Resolution 1923 . l 4 . The 'restrictive covenants of David A. Sabey R;387-79) on property where Boeing is located only requires that the setback and landscape requirements be in accordance with a manufacturing park district, under Section 4 .730. This requires only'; a 10' landscape setback from the property line on Grady Way. ; i 1 H: Conclusion 4 regarding Parcel B is not supported by thle Findings.' ' 'Conditions have 'changed' 'since the' re- strictive covenants were imposed on Parcel B. In 1979. En 1979, Parcel B was rezoned to L-l. Under such a zoning, appropriate buffer areas were warranted. Such an L-1 zone iould have allowed businesses such as junk yards, manufacturing, lumber, coal and fuel yards, and truck haul- ing companies to operate. With such businesses a 20 ' landscape setback and a 10 ' landscape setback on the side yards may have been appropriate. However, applicant' s purpose for the B-1 zoning is to construct a parking lot for the; new building planned for Parcel A. This will present no heigh or other intrusions upon the neighbors and the set- back should be appropriate for B-i zoning which, in this case, would be 5' o'n the east and west property lines and 10 '',1on the south property line adjacent to SW 12th.as per 4-21204 . II . NEW EVIDENCE. The applicant requests that the Hearing Examiner accept and a prove its Site Plan at this time. (Exhibits B, C, D and E . s I I r i 1I I I Fred J. Kauffman June 7, 1982 Page 6 1 The Site Plan has been drawn and preliminarily approved by the City of Renton staff. The Site Plan' s landscaping setb cks for Parcel A are established in accordance with the City of Renton Traffic Department Official Plan for Grady Way, which calls for an improved roadway 56 ' curb to curb. The andscape setback as cited on the Plan is in accordance with Ordinance 4-716, which requires a landscape setback of 10' rom the property line or 20 ' from the back of the curb, whichever is less.! The Site Plan' s landscaping setbacks for Parcel B are in accordance with Ordinance 4-2204 . At the hearing on May 13, 1982, the Site Plan was available; however, it only had some of the Department' s prleliminary approval. Applicant was not aware Hearing Examiner wanted to! see architect' s Site Plan. The last ap:prval on the Site Plan is dated May 20, 1982, which was after the hearing And before the Hearing Examiner' s Decision. j IV. CONCLUSION. 1 On behalf of the applicant, the undersigned respect- fully requests that the Hearing Examiner reconsider the Findings and Conclusions in his May 24 , 1982, Report and ' that he enter Findings and Conclusions consistent with this requ st, and grant! the B-1 rezone of applicant subject to the fo11 'wing conditions only: i A. Recommend that the landscaping setback require ment9 for Parcel A'lbe in accordance with B-1 zoning and City Ordinance 4-716 . This would require a 10 ' landscape setback on the north property line or 20 ' from back edge of sidewalk and a 5 ' landscape' setback from the 'east and west property line . I B. Recommend that the':restrictive covenant on Parc 1 B, as the result of an L-1 rezone in 1979 , be removed. That the landscapelsetback be established as 10 ' on the soot erly property : line and 5' on the east and west property lines. according to City Ordinance 4-2204 . . I C. Approve the Site Plan submitted with this request or, in theialternative, delegate approval of the Site Plan to the City' s professional staff and, further, that the installation of landscaping be subject to a review of , th- City' s landscape architect. Respe 111 submitted, f r/J f f, b ',,,'/ . A Berson P /httorney for &- B Developers RLA: j EncIls L Flre J. Kauffman Jun 7 , 1982 Page 7 Enclosures: Exhibit A - Existing Grady.Way B-1 zoning and setbacks. Exhibit B - Parcel B Site Plan. Exhibit C - Parcel A Lower Site Plan. Exhibit D - Parcel A Upper Site Plan Exhibit E - Blueprint of Parcel A Upper Site Plan as reviewed by City Departments . I I,I II li I 9 4 I AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King M rilyn J . Peterseh being first duly sworn, upon oath dipoes and states: 1 That on the 24th day of May 19 82, affiant depos.ted in the mails of the United States a sealed envelope containing a dec'sion or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. 1 I Subscribed and sworn this ;<`A day of 19 Q,Z o\Aff Notary Public in and for th.e State of 1 Washington, residing at V_Evstovi Application, Petition or Case: E & B Developers, Inc. ; R-026-82 The u.nutes contain la t izt o4 the panti,ez o4 rcecotd. ) K w May 24, 1982 OFFICE O' THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND R COMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: E & B Developers , Inc. FILE NO. R-026-82 ti LOCATION: South side of S.W. Grady Way and north side of S.W. 12th Street between Seneca Avenue S.W. and Raymond Avenue S.W. SUMMARY OF REQUEST: The applicant seeks a rezone of the subject site from G-1 and L-1 to B-1 for a combination office/retail building and1. veterinary clinic. SUMMARY OF Building & Zoning Department: Approval with restrictive RECOMMENDATION: covenants. 4 Hearing Examiner: Approval with restrictive covenants. BUILDING & ZONING The Building & Zoning Department preliminary report was DEPARTMENT REPORT: received by the Examiner on May 6, 1982. PUBLIC HEARING: After reviewing the Building & Zoning Department report, examining available information on file with the application, and field checking the property and surrounding area, the, Examiner conducted a public hearing on the subject as follows: The hearing was opened on May 13, 1982 at 9:05 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. Roger Blaylock, Zoning Administrator, presented the Building & Zoning Department report, and entered th- following exhibits into the record: n Exhibit #1 : Application File including Building & Zoning Department report and other pertinent documents Exhibit #2: King County Assessor's Map designating Parcels A and B Exhibit #3: Aerial Photograph, 1972 Exhibit #4: Aerial Photograph, March 22, 1982 Responding to he Examiner's irquiries, Mr. Blaylock advised that Parcel A, currently zoned G-1 , is he northernmost property located on Grady Way, and Parcel B, zoned Lrl , is located on S.W. 12th Street. Parcel B was rezoned in 1979, File No. R-143-78, approved through adoption of Ordinance I.o. 3308, and restrictive covenants had been executed to require certain setbacks on sitte. However, the applicant is requesting modification of the covenants for proposed development. Responding to the Examiner's concern regarding lack of setback requirements in the B-1 zone, and the fact that construction on site could be extended to property lines, Mr. Blaylock advised the staff recommendation that restrictive co enants be requirfed to limit the use of Parcel B to purposes of parking, specifically to serve Parcel A.I, Referencing departmental recommendation, Section M.2, requirement ,fo covenants to ensure participation in the Grady Way LID, he stated that due to a curre t backlog in the Engineering Division, the LID will not be formed until next year. Responding to he Examiner's inquiries regarding existing uses surrounding the two parcels, Mr. B aylock stated that single family residential uses exist to the west and east of Parcel B. To the north of Parcel A, the property is vacant and an office building ispr•posed across Grady Way; vacant property is located to the west; and a fenced recreat onal vehicle st¢rage facility is located to the east. He concluded his comments by in luding a requirement in Section M.2 for paving of the alley south of Grady Way and orth of S.W. 12th Street. The Examiner r quested testimony by the applicant. Responding was: I Eugene Sprout 301 S.W. Grady Way Renton, WA 98055 11 R-026-82 Page Two Mr. Sprout, representing E & B Developers, Inc. , advised that the proposal will be p developed under a partnership association, Grady Way Associates , which includes himself, Dr. Irwin and Dr. Faull , veterinarians. He submitted an architectural rendering of the proposal which was entered into the record as foi.iows: Exhibit #4: Architectural Rendering Mr. Sprout corrected earlier comments regarding uses surrounding Parcel B, noting that an bider, small house and trailer are located on the lot to the east, the property to the west is vacant, and the next parcel on the corner of Raymond and S.W. 12th Street is uti ized for the St. Charles Place facility. He described the proposal which will locate theI building, containing 13,000 square feet, on Parcel A, and will contain a veterinarian clinic on a portion of the main floor, and an engineering firm and other office uses on the second floor. Responding to the Examiner's inquiry, Mr. Sprout advised that both parcels will remain under the same ownership, Grady Way Associates. He discussed allmcation of parking spaces on the site, including 36 spaces proposed underneath the L building, 18 spaces on the adjoining parcel which will be fully improved and landscaped, and 15-16 spaces on the upper level which will include spaces designated for the handicapped. The Examiner asked if it would be possible to restrict access to S.W. 12th 11 Street rather than allowing access onto Grady Way, a collector arterial , to which the city desires minimal access points. Mr. Sprout noted that a very limited number of vehicles , those parking in front of the building, would require access to Grady Way, with the balance utilizing 12th and Seneca. He also envisioned improving to city standards the alley behind Parcel A connecting with Parcel B. Extension of utilities and location of fire hydrants was discussed, and it was noted that storm drainage plans have been submitted to the city. The Examiner inquired if there was any reason for rezoning Parcel B to B-1 other than charging setback requirements imposed as a condition of the rezone to L-1 since the same uses are permitted in both zones. Mr. Blaylock indicated that the proposal to rezone both parcels would provide the most consistent and compatible zoning to accommodate the, proposed commercial/retail use. Responding to the Examiner's inquiry regarding the existing zoning designation adjacent to Parcel B, Mr. Blaylock advised that the zoning is G-1 with R-4 zoning further south. The Examiner requested further comments. Mr. Blaylock revised the staff recommendation to delete the requirement for site approval , noting that restrictive covenants limiting design of the parking lot along with the requirement for building plan review and approval shold be sufficient since the area is in the latter stages of transition. Since no further comments were offered, the hearing regarding File No. R-026-82 was closed by the Examiner at 9:30 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1 . The applicant, E & B Developers, Inc. , filed a request fora reclassification of two parcels of property from G-1 (General ; Single. Family Residential ; Minimum lot size - 35,000 square feet) and L-1 (Light Industrial) to B-1 (Business/Commercial) . 2. The application file containing the application, SEPA documentation, the Building and Zoning Department report, and other pertinent documents was entered into the record as Exhibit #1 . 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971 , RCW 43.21C, as amended, a Declaration of Non-Significance has reen issued for the subject proposal by the Environmental Review Committee (ERC) , esponsible official . 4. Plans for the proposal have been reviewed. by all city departments affected by the impact of this development. 5. The subject parcels are both located between Seneca Avenue S.W. and Raymond Avenue S.W. The northerly parcel (Parcel A) is located on Grady Way S.W. while the southerly parcel (Parcel B) is located along S.W. 12th Street. An alley runs between the two parcels, which are not immediately north and south of each other but slightly askew ivith Parcel B slightly further west. 6. The subject properties, totaling approximately 24,340 square feet, are essentially level . Vegetation on the site consists of blackberries , scrub brush and some deciduous trees. The site is vacant. 7. The Comprehensive Plan designates the area in which the subject properties are I R-026-82 Page Three located as suitable for the development of manufacturing park type uses, consisting of uses simil r to light manuacturing, .office park and commercial' and warehouse uses. The. area also is covered by the Green River Valley Comprehensive Plan which requires landscaped setbacks nd screening of development in an aesthetic fashion. 1 8. General -office uses would generate approximately 12.3 trips per thousand feet of gross space. The approximately 13,000 square foot building proposed for Parcel A would generate about 160 tripls per day for office use and probably more for the retail uses. Additional trips would be generated by the veterinary clinic proposal for Parcel B. 9. While the applicant has proposed certain on-site improvements, namely the veterinary clinic and o fice/retail facility, no binding site plans were submitted. 10. Minimal storn drainage is available along Grady Way which the applicant plans to utilize. , 11 . A number of rezones have been approved for other former single family lots in the area including the O'Brien Rezone (R-885-76) and the Divelbiss Rezone (R-016-77) . Covenants requiring setbacks and landscaping were required in these rezones. The latter site :buts Parcel B. Other rezones in areas designated for manufacturing park have; be-n approved for B-1 and L-1 uses and similar covenants required. File No. R-044-80, Thomas Dehlby; File No. R-080-80, Olga M. Lewis; File No. R-004-81 , Vehicle Test Technology, Inc. ; File No. R-030-81 , LeRoy A. Bowen) 12. Parcel B was itself reclassified to L-1 in April of 1979. Restrictive covenants were recorded running with t e land requiring similar setbacks of 10 feet along the east and north property lines and 20 feet along the S.W. 12th Street frontage.11Thesecoven-nts were appealed to the City Council and the Council upheld the imposition if the covenants s consistent with the Comprehensive Plan for the area. Landscaping was required for these setback areas. 13. The subject parcels were annexed into the city by Ordinance No. 1928 in December', 1961 . CONCLUSIONS: ;, 1. The propone t of a rezone must demonstrate that the request is in the public interest and will 'not impair the public health, safety and welfare. In addition, the rezone must comply with at least one of the three criteria listed in Section 4-3014 which provides in part that: a. The subl'ect site has not been considered in a previous area rezone or land use ana ysis; or b. The subject site is potentially designated for the new classification per the Comp'reh nsive Plan; or c. There has been material and substantial .change .in the circumstances in the area in which the subject site is located since the last rezoning of the property or area'. I Subject ,Ito the conditions i dicated below, the City Council should approve the ' requested eclassification f the subject property. 2. The area i - in the latter stages of a transition from single family uses to light industrial and commercial uses. The area is just south and east of the Earlington flats whic are undergoing development of warehousing, office and light industrial as well ;as manufacturing park types of uses. 3. A number o reclassifications have occurred in the area and especially along Grady Way. The eclassificationof the subject parcels to B-1 while not entirely ' consistent with the Comprehensive Plan, is consistent with certain uses found ill, manufactur ng parks and is more realistic in terms of the lot area of the subject properties 4. Since the eneral area is governed by the Green River Valley Comprehensive Plan and many ofIth uses developin6 within the vicinity are observing the setback and landscapin; requirements of the manufacturing park zone, including the smaller ' parcels within the area, it is consistent with the area and more in line with the Comprehensive Plan to require both 20 foot setbacks along major arterials and 10 foot setbacks from property lines similar to those required by the M-P zone. 1 Further, the applicant has not demonstrated that conditions have changed since the City Council required the covenants in 1979 for Parcel B, and, in fact, further 1 r 1 R-026-82 Page Four rezones in the area have also consistently required setback and landscaping of even the smaller parcels to attempt to provide some, if not all , the amenities found in an M-P zone as designated in the Comprehensive Plan. REgbMMENDATION: The City Council should approve the reclassification from G-1 and L-1 to B-1 subject to the following: I . Execution of restrictive covenants requiring a landscaped 20-foot setback from Grady Way, and a landscaped 10-foot setback along the east and west property lines. 2. I Site plan approval by the Hearing Examiner. ORDERED THIS 24th day of May, 1982. 7.1;::1 X3Aft Fred J. Kau an 17...... nw'mww- Land Use Hea ina Examiner TRANSMITTED THIS 24th day of May, 1982 by Affidavit of Mailing to the party of record: Eugene Sprout 301 S.W. Grady Way Renton, WA 98055 TRANSMITTED THIS 24th day of May, 1982 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke 1 Richard Houghton, Public Works Director David Clemens , Policy Development Director Members, Renton Planning Commission Ron Nelson, Building & Zoning Director Roger Blaylock, Zoning Administrator Lawrence J. Warren, City Attorney Renton Record-Chronicle Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before June 7, 1982. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in udgment, or can prove the discovery of new evidence which could not be reasonably avaiilable at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall setlforth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that suc appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall . 1 N h. L • •d ro... • . . 1- ' ", 1 , r` '- ; ri.,.' e/ w •_ V S—I ?t ``', - ' • N i., . °"' ` I •y I 1!if.' 1 .. 1.;::• • .,,'' ..‘1 ,),: .:;" kr., Pi' • .. I I a L.a N l ti o L •. ten; 4 1 HLDior...: . l i 1•••• N C ii, r cr,:.- -;:aiglii ';-.lie ' . g..::44;-' - 0:5_,,.. A !. (.--'.,". ..;: i i._ f lifiiii L ,a 1'` l--5g.-.., gig _:_ a i a L—I hi G i A -_" i _ 4 sR-i'‘,`, •t? i\.: E & B DEVELOPERS , INC . R-026-82 APPLICANT E 24 , 340& B Developers , Inc . TOTAL AREA — . PRINCIPAL ACCESS S . W . Grady iW.ay , Seneca Ave . S .W. & S . W . 12th • Street EXISTING ZONING G-1 , General Classification District, L-1 , Light Industrial District with covenants EXISTING USE Vacant PROPOSED USE Veterinary Clinic & Office/Retail COMPREHENSIVE' LAND USE PLAN Manufacturing Park COMMENTS 1I I I a IC]f_DICII J AND ZONING DEPARTMENT PRE'LI 1 1JtW :"Y REPORT TO THE m E RINe EXAMINE PUBLIC HEARING MAY 11 , 1982 APPLICANT: E. & B. DEVELOPERS, INC. FILE NUMBER: R-026-82 A. Boom I%\N The applicant seeks a rezone of the subject site from G-1 & L-1 to B-1 for a combination office/retail building and veterinary clinic. B. GEHERArro IC)fyfFO'w°,TICON: 1 . OWner of Record: EUGENE C. SPROUT, JAMES W. DALPAY, BRUCE L. GOULD, DORIS G. GOULD, GARY O. BUDD, & KARMEN J. . BUDD. 2 . A plicant: E. & B. DEVELOPERS, INC. 3. L cation: icinity Map Attached) South side of S.W. Grady Way and north side of S.W. 12th Street between Seneca Avenue S.W. and Raymond Avenue S.W. 4 . L gal Description: A detailed legal description is available on file in the Renton Building & Zoning Department. 5 . Size of Property: 24 ,340 sq. ft. 6 . Access :Via Seneca Avenue S.W. and Via S.W. 12th Street. 7 . Existing . Zoning: G-1 , General Classification District; L-1 , Light Industry District. 8. . Existing Zoning in the Area : G-1 , L-1 . 9. Co prehensive Land Use Plan: Manufacturing Park. 10. 'No if is at ion: The applicant was notified ' in writing of the hearing date. Notice was properly , published in the Daily Record Chronicle on April 26, 1982, and posted in three places on or near the site as required by City Ordinance on April 23, 1982. PRELIMINARY REP--- TO THE HEARING EXAMINER E. & B. DEVELOP , INC. MAY 11 , 1982 PAGE TWO C. T]ISTOfe''/T KGr,OUND: The subject site was annexed into the City by Ordinance 1928 of December 22, 1961 and the L-1 portion was rezoned from G-6000 by Ordinance 3308 of April 20 , 1979 . D. PI SICK :: GROU1 D: 1 . Topography: The subject properties are essentially level. 2 . Soils : Urban land is soil that has been modified by disturbance of the natural layers with addition of fill material several feet thick to accommodate large industrial and housing installations. The erosion hazard is slightly moderate. 3. Vegetation: Most of the properties are composed of blackberries and scrub brush with some deciduous trees scattered around the perimeter on the parcel fronting S.W. Grady Way. 4 . Wildlife: The existing vegetation may provide some habitat for birds and small mammals . 5 . Water: No surface water was observed on the subject site. (April 23, 1982) 6. Land Use: The subject sites are undeveloped at this time. Single family residences are to the east and south with some warehousing uses to the west and north. E. m'Ll;mtvtOOD CHARACTERISTICS: The surrounding properties are in a. transition from single family residential to commercial and light industrial. F. i:1JIO SERVICES: 1 . Water and Sewer : A 4-inch water main extends east-west on S.W. 12th Street and an 8-inch main extends north-south on Seneca Avenue S.W. A 12-inch sanitary pipe also rund east-west on the coutherly border of the Grady Way section. 2 . Fire Protection: Provided by the City of Renton as per ordinance requirements. 3 . Transit: METRO Transit Route #161 operates along S.W. Grady Way adjacent to the subject site. 4 . Schools : Not applicable. 5 . Recreation: Not applicable. G. ;a ' LIC'\':LE SECTIONS OF THE ZONING CODE: 1 . Section 4-711 , B-1 ; Business District 2 . Section 4-712 , L-1 ; Light Industry District. 3. Section 4-729 , "G" ; General Classification District. H. APPLICABLE SECTIONS OF THE C lr I :)EIIS]IVE !LAN or OTHER OFFICIAL CITY DOCIV l lNT• 1 . Policies Element, Comprehensive Plan (1981 ) , Policies 5.A, 5.B. PRELIMINARY REPORT T- HE HEARING EXAMINER E. & B. DEV LOPERS, MAY 1 1 , 198, PAGE THREE h I. IMPACT ON THE T J OR i:i m i„i iv EVI 1'ON T: 1 . Natural System : Rezoning the property will not directly affec i the subject site. However, future development will remove the vegetation, disturb the soils, inciease storm water runoff and have an effect on traffic and noise levels in the area. Through proper development controls and procedures, however, these impacts can be mitigated. 2. f Population/Employment : Minor. 3. Schools : Not a• pplicable. 4 . Social : Minor. 5. ' Traffic : No specific traffic evaluation criteria is available fdr a veterinary clinic; therefore, the general oqice criteria of 12 . 3 vehicle trips per 1 ,000 square feet was used. The project should generate approximately 160 vehicle trips per day. J. ENV I *im iir NTAL ASSES i"iIi•iuT/ i i r S;:;OLO DETTT 1 i"i INATIO Pursuant to the Citl of Renton' s Environmental Ordinance and '',the State Envir nmental Policy Act of 1971, as amended, RCW 43-21C, a final declaration of non-significance was issued for the ubject proposal by the Environmental Review Committee on April 19 , 1982. K. GENC]C TS,/II EPARTMEN'7f'$ CONTACTED: 1 . City of Renton Building & Zoning Department. 2. +, City of Renton Design Engineering Division. 3. ' City of Renton Traffic Engineering Division. 4. City of Renton Utilities Division. 5 . ' City of Renton Fire Prevention Bureau 6. City of Renton Parks & Recreation Department 7. City of Renton Policy Development Department. L. DEPARTMENT ANALYSIS 1 . The proposed rezone to B-1 is not directly in conformance with the Comprehensive Plan designation of Manufacturing Park for the s bject property. Rezone in the area have been prin ipally to L-1 , Light Industrial. However, a num er of new buildings have been constructed in the vicinit reflecting something of a trend toward B-1 uses'. (See Page two of applicant's jistification. ) This would appear to address the criteria of Se tion 4-3014-1C (c) . 2 . i Research into ity records does not indicate that any area wide ezoning has occurred in the vicinity with the only pecific area review having been the Green Rive Comprehensive Plan of 1976. (Section 4-301 4C (a. ) 3. The subject properties are in an area which is i transition rom older single family residences t. commercial, office and light industrial uses. T e applicant proposes to construct on Parcel "A" a +1 3,000 square foot office/retail building and v-terinary clinic and associated parking on Parcel In addition, a request has been made to reduce t e required 10 foot landscape setback on Parcel restrictivle convenant of Ordinance 3308) on t' e north and louth property line to 5 feet. This 4 uh YI 1 PRELIMINARY REP TO THE HEARING EXAMINER E. & B. DEVELOPERS, INC. MAY 1 1 , 1982 PAGE FOUR would be a less intensive use than any structure on the property and would not significantly impact adjacent properties with only scattered residential uses to the north and a street (S.W. 12th) to the south. 4. Suitable utilities are available to the subject site. Community facilities connection charges for water and sewer will apply and approved water and sewer plans will be required. A fire flow analysis is necessary and hydrant locations are to be approved by the Fire Department. 5. Design Engineering indicate that there is only a minimumal storm drainage system in the area and that this deficiency will have to be addressed prior to development. Consult for details'. Also, off-site improvements will be required of all public rights-of-way. 6. Participation in the proportional cost of future roadway improvements on S.W. Grady Way will be necessary as per Traffic Engineering Division comment. There may also be some access limitations as specified by this division. 7 . The Police Department advises the following: a. Roadway improvements to be required on S.W. 12th Street, S.W. Grady Way and Seneca Avenue S.W. b. The building should be wired for a burglar alarm. c. All outside lighting should be on the perimeter of the parking lot so that it shines in on the building and does not shine out on to the roadway or blind people when they drive into the parking lot. d. A street cleaning bond (cash) should be posted for the hauling of any preload or fill material. M. DEPARTMENTAL Sfl'i„u::of wATION1S: Based upon the above analysis , it is recommended that the rezone request be approved subject to: 1 . Site plan approval. 2. Filing of restrictive covenants requiring participation in a L. I.D. for improvement of. S.W. Grady Way. R„,„. 9 F46-44-1- .ifirlf. ''' ' S'd \'' 1/4 ''.. -,c3 , • lit , fir.` 1, J ,, is h 6 r V\ a ii otiP 3 Y 1- r ;4.F, 0 ,, yJ SFrMt(„. r ..7;',, ,,,,i 4, r- .IT,,` ' • 0 in I 1' - ii. a rf' Q.I: ii.. n. a i rr,. i 1t 1 s• ar.+: a ,bic a C i •n f ui:FvtaF..I u Cy.la; T i WI i 6„,4.7 .. -'' Y h ..r !• s" iI i• •t4 r I it L—I I0 r tL. -,, H TNER 4-...iINi 1,, pit e. , r-nr11T,1, I. If•1 uE•r J(. ti fl b;Lai, o 1'Sit Tr 11 gr I - .. t'.. , li. ,..,.., r ,.i ter• Qy'l? 0, ink.?. r j ' i,„ ,.. L.. l' 0.11:—.;- ir,1 : - I.ii. ,„ f - . . \---,. iiti1/ 4. 1i. R-4 1L,' •W. ..., 1. , ., - - . . -:. t.- :1 : ' L-I• bk o .. . .. . .... . , : • ! V ~—I • +~-.- _ i i - "- - r 1 9•a u• AP. -A\ C-.' i-,---,' 12) 0ii„i 7 2, F sT 4. w kiR- i , - Ilia 1t. it .--_ __--ec MN• 1, B-I 1-7-1LaJGi ,. 1 r lir. i 1 h. n E & B DEVELOPERS , INC . R-026-82 •• E & B Developers , Inc .24 , 340 .APPLICANT p TOTAL AREA — . PRINCIPAL ACCESS S . W . Grady 1J,Lay , Seneca Ave . S . W . & S . W . 12th . Street I • EXISTING ZONING G-1 , Genera Classification District, L-1 , Lig •ht Industrial EXISTING USE Vacant District with. covenants PROPOSED USE , Veterinary Clinic & Office/Retail I COMPREHENSIVEILAID USE PLAN Manufacturing Park COMMENTS a RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-026-82) Location: Located on S.W. Grady Way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S.W. Applicant: E & B Developers, Inc. JQ P '® ublic Works Department ngineering Division SCHEDULED ERC DATE: 4-7-82 raffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Dire Department Parks Department Building Department Police Department Others: Policy Development Dept. COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P.M. REVIEWING DEPARTMENT/DIVISION: a`_A E-7I F _ Approved E0 Approved with Conditions ® Not Approved I C.is ` a_7.• < ,a l -- DATE: c.3/.., !/8/Z- Signature of Director or Authorized Representa ive I REVIEWING DEPARTMENT/DIVISION: Approved 0Approved with Conditions Not Approved . C.- G_ Cat-e..•.aN `_ J.•. -:f,.l G.G r i„'-ia- /<^/,,2..•-, C v_ l V'- ram. ,v C+•z-r.`--- -4 ,. u DATE: Signature of Director -Or A thorized !Re-r•esentative Revision i/ 198 I RENTON PLANNING DEPARTMENT . DEVELOPMENT APPLICATION REVIEW SHEET Application: "EZONE (R-026-82) Location: Located on S .W. Grady Way and S.W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S.W. Applicant: E & B Developers, Inc. IQ:public Works Depa tment ElEngineering Division SCHEDULED ERC DATE: 4-7-82 Traffic Eng. Division SCHEDULED HEARING DATE:Xptilities Eng. Division Fire Department Parks Department 0 Building Department 0 Police Department 0 Others: Polic De elo.ment Dept. COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P.M. ON ti REVIEWING DEPARTMENT/DIVISION: iF-f / D Approvec Q Approved with Conditions '® Not Approved . s 7 ice.. 01!4-9t S 6 G/%Y /i/ ' : cb,`.) M/J9 0e"u0/ij3'nIC S 4o ee 4 .... /r/e&/ /? /`,'vPi// -li- --16 JL J - 1 _L- DATE: 2/tea4eISignatu're of Director or Au on zed Representative REVIEWING DEPAR MENT/DIVISION• • Lr IILI1 1 0 Approived Approved with Conditions ONot Approved k I i nciii ,..DATE: /3a/?a Signature of 9rector or Authorize Representative r I UTILITY APPROVAL SUBJECT TO ( 3/4 D/ga- LATE COMERS AGREEMENT • WATER AID LATE COMERS AGREEMENT • SEWER A/D SYSTEM DEVEWPMENT CHARGE • WATER COM/n. FRIG. SYSTEM DEVELOPMENT CHARCE • SEWER CD/JA/• C/1 • SPECIAL ASSESSMENT AREA CHARGE - WATER MI SPECIAL ASSESS ERT PEA CORE • SEWER do APPROVED VU TER FLA I $ s APPROVED SEWER PLAN YE'S 1 APPROVED FIRE DYNAH, LOCAT;DHS BY FIRE DEPT. Ya5 FIRE FLOW ANALYSIS 4S 7/ I O I RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-026-82) Location: Located on S.W. Grady Way and S .W. 12th Street between Seneca Avenue S.W. and Raymond l venue S.W. Applicant: EI{ & B Developers , Inc. la:Public Works Department Engineering Division SCHEDULED ERC DATE: 41.7-82 Traffic Eng. Division SCHEDULED HEARING DATE:Utilities Erg. Division Fire Department Parks Departure t Building Department Police Department Others: Policy Development Dept. COMMENTS OR UGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED INWRITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 .P .M. (, REVIEWING DEPARTMENT/DIVISION: Pis D /ee- C Approved ® Approved with Conditions ® Not Approved II_PfRd Lrp S 7 "r1 p/ c r o F}/clCJ i g9-z Rfr!-o-A, F / I r/e s R A g,e2 -c- o rG/“6 ,e2 d‘. C tsrm /!i4, E7"7A I L --Cir4' el C OPIA, i /i2 ion-c)-- , .-/'/r s -pi/r6c `mac'e-,/ 4-,3- C 1' oAre-so R TA/. :c0 5 Ira/ j r F19ovR e,ga i (/5.s 6 1 p!t"RI- PAcit /ri u. DATE: 3 -2 - Y''a.Signature of Director o Author zed Representative REVIEWING DEPARTMENT/DIVISION: Approved [j Approved with Conditions ® Not Approved DATE:Signature of Dir:ctor or Authorized Representative RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-026-82) Location: Located on S .W. Grady Way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S.W. Applicant: E & B Developers, Inc. u is Public Works Department DEngineering Division SCHEDULED ERC DATE: 4-7-82 Traffic Eng. Division SCHEDULED HEARING DATE:D Utilities Eng. Division Fire Department Parks Department Building Department O Police Department Others: Policy Development Dept. COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED INWRITING. PLEASE PROVIDE COMMENTS TO THE ,PLANNING DEPARTMENT BY 5 :00 P.M. REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions 0 Not Approved DATE: 4,742 zSignaturrectororAuthorizeRepresentative' REVIEWING DEPARTMENT/DIVISION: Approved El Approved with Conditions ®Not Approved DATE: Signatureof Director or Authorized Representative RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET I Application: REZONE (R-026i 82) 1 Location : Located on S.W. Grady Way and S.W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. Applicant: E & B Developers , Inc. I IQ: Public Works Department Engineering Division SCHEDULED ERC DATE: 4-7-82 Traffic Eng. Division SCHEDULED HEARING DATE:D Utilities E g. Division qjFire DepartmentI Parks Department iEhBuildingDepartment Police Department EOthers: Policy Development Dept. COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED INWRITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 : 00 P .M. 0 REVIEWING 'DE ART'MENT/DIVISION : POLICE Appr ved xF Approved with Conditions El Not Approved 1) Imp ovements be put in on S.W. 12th, Grady Way, & Seneca S.W. 2) Bld . should be wired for burglar alarm 3) All outside lighting should be on the perimeter of the parking lot so that it shines inward on the bldg. & does not shine out onto the roadway or blind people when they drive into the parking lot. I L b, on DATE: 3/31%82 Signature of D'i`rector- or-Authorized Representative I 4) Stre t c;ening bond(cash) should be posted for the hauling of th pre-load or any fill material . I REVIEWING DEPARTMENT/DIVISION: i Approved ®Approved with Conditions ® Not Approved DATE: Signature of Di -ector or Authorized Re;,res- entutiv — _ ___ ___ -_ _ v vn w I vo l • RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: REZONE (R-026-82) location: Located on S .W. Grady Way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. pplicant: E & B Developers, Inc. Public Works Department Engineering Division SCHEDULED ERC DATE: 4-7-82 Traffic Eng. Division SCHEDULED HEARING DATE: Utilities Eng. Division Fire Department Parks Department L1 Building Department OPolice Department Others: Policy Development Dept. OMMENTS OR SUGGESTIONS REGARDING THIS APPLI CATION SHOULD BE PROVIDED IN RITING. PLEASE PROVIDE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :00 P.M. 0 RI VIEWING DEPARTMENT/DIVISION : 4 r/I Approved Approved with Conditions El Not Approved . , Re frdr 5b4/ ,lam/ 14e04,41/7e,d 147/1/e6/j/71 fo.f fidle/,'" a,d0/45 60").41 ii(L)L4 DATE: 46Sig . u e' of l i rector or Authorized Representative RE IEWING DEPARTMENT/DIVISION: Approved 0 Approved with Conditions D Not Approved DATE: Si;1nature of Director or Authorized Representative FINAL DECLARATION OF EON-SIGNIFICANCEE Application No (s) : R-026-82 Environmental Checklist No. : ECF-025-82 Description of Proposal : Application to rezone property currently G-1 & L-1 to B-1 for combination office/retail building and veterinary clinic . Proponent : E & B DEVELOPERS, INC. Location of Proposal:Located on S.W. Grady Way and S.W. 12th Street between Seneca Avenue S.W. and Raymond AVenue S.W. Lead Agency: BUILDING & ZONING DEPARTMENT This proposal was reviewed by the ERC on April 7, 1982, and April 14 , 1982, following a presentation by Jerry Lind oftheBuilding & Zoning Department. Oral comments were acceptedfrom: Roger Blaylock, Donald Persson, David Clemens, James Hanson, Jerry Lind, James Matthew, Gary Norris, Robert Bergstrom,Ronald Nelson and Richard Houghton. Incorporated by reference in the record of the proceedings of the ERC on application ECF-025-82 are the following: 1 ) Environmental Checklist Review Sheet, prepared by:Eugene C. Sprout DATED: March 3, 1982 2) Applications : Rezone (R-026-82) 3) Recommendations for declaration of non-significance:9 ce: Traffic Eng ineering, Utility Engineering, Policy DevelopmentDepartment, Building & Zoning D epartment, Police Department and Fire Department. More Information: Parks & Recreation Department. Acting as the Responsible Official, the ERC has determined this development has a non-significant adverse impact on the environment. An EIS is not required under RCW 43. 21C. 030 (2) (c):. This decision was made after review by the lead agency of a complete environmental checklist and other information on file with the lead agency. Reasons for declaration of environmental non-significance: Will not adversely impact adjacent properties and that the following requirement shall be complied with: The developers will provide on site storm retention and storm drainage facilities on adjoining streets in accordance with storm drainage planning for the Earlington Gardens neighborhood as developed by Renton Public Works. INAL DECLARATION OF NON-SIGNIFICANCE E & B DEVELOPERS, INC. APRIL 19, 1982 PAGE TWO Signatures : 44‘W.4,k9 7 4 (://t/(/4 Building & Zoning Director Policy Development Director Ri hard C. Houghton Public Works Director DATE OF PUBLICATION: April 19, 1982 EXPIRATION OF APPEAL PERIOD: May 3, 1982 f 9 • _e Date circulated : M _ Al 29, 1982 pi Comments due : April 6, 1982 ENVIRONMENTAL CHECitfl_ISI f3EVIEN SHEET ECF s 025 - 82 APPLICATION No (s ) . REZONE (R-026-82) PROPONENT : E & B DEVELOPERS, INC. PROJECT TITLE : E & B DEVELOPERS, INC. REZONE Brief Description of Project : Application to rezone property currently II G-1 & L-1 to B-1 ¶or combina and veterinary clinic . Located on S.W. GradyWayand S.W. 12th Street betweenLOCATION : Seneca Avenue S.W. and Raymond Avenue S.W. SITE AREA : 24 , 340 sq. ft. BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (% ) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes :X 2 ) ' Direct/Indirect air quality :X 3 ) Water & water courses : t . X ' 4 ) Plant life : X 5 Anima life : X 6 ) Noise : X 7 ) Light & glare :X 8 ) ' Land Use ; north : east : south : west : Land use conflicts : Minor 1 View obstruction : Minimal 9 ) Natural resources : 1 X. 10 ) Risk of upset :X 11 ) Population/Employment : X 12 ) Number of Dwellings :X 13 ) Trip ends ( ITE ) : traffic impacts : Potential increase. 14) Public services : l X 15 ) Energy : X 16 ) Utilities : X 17 ) Human health :X 18 ) Aesthetics :X 19 ) Recreation: X 20 ) Archeology/history : X COMMENTS : Signatures : Ronald G. Nelson David . ClemensBuildingOfficialPolicyDevelopment Director Ric and C. Houg ton;i/ Ptthl ir- W.,, ns LA OF R BUILDING & ZONING DEPARTMENT Z E, I RONALD G. NELSON - DIRECTOR o um. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • 235-2540 BARBARA Y. SHINPOCH M AYO- April 23, 1982 Mr. Eug-ne C. Sprout, President E & B Developers, Inc. 301 Sou Ihwest Grady Way Renton, WA 98055 I Re: AP' ICATION TO REZONE PROPERTY FROM G-1 & L-1 TO B-1 FOR COMBINATI.ON_ OFFICE/RETAIL BUILDING AND VETERINARY I, CLI IC _FILE R-026-827 LOCATED ON S.W. GRADY WAY AND S.W 12TH STREET BETWEEN SENECA AVENUE S.W. AND RAYMOND AVE I UE S.W. Dear Mr. Sprout: The Renton Building and Zoning Department formally accepted the above mentioned application on April 14 , 1982. A public hearing b-fore the City of Renton Hearing Examiner has been set for Me.y 11 , 1982, at 9 : 00 a.m. Represent.,tives of the applicant are asked to be present. All interested persons are invited to attend the hearing. If you ha e any further\ questions, please call the Renton Building .nd Zoning Department, 235-2550. Very truly yours, 4.116-4 Roger" J. B aylock Zoning Adm nistrator RJB:cl I I \ i NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Envi onmental Review Committee (ERC) has issued a final declarat on of non-significance subject to conditions for the following project: 13 IDEVEILoPERS, gmgo (0N) Appin at to rezone property from G-1 & L-1 to B-1 for combination office/retail building and veterinary clinic, file R-026-82; located on S.W. Grady Way and S.W. 12th Street between Seneca Avenue S.W. and Raymond Avenue S.W. The Envidonmental Review Committee (ERC) has issued a proposed declari t 'on of non-significance for the following project: DONALD E. McWILLIAMS (ECF-030-82) Application to rezone property from G-1 to R-3 , file R-030-82, and application of a preliminary plat for nine duplex lots on a 1 . 87 acre parcel, file PP-031-82; located on the east side of Union Avenue N.E. approximately 900 feet north of N.E. 4th Street. Further iiformation regarding this action is available in the Building and Zoning Department, Municipal Building, Renton, Washingtol , 235-2550. Any appeal of ERC action must be filed with the earing Examiner by May 3, 1982. Published: April 19, 1982 r ' r FINAL D1 CLA xATI ow OF NON-SIGNIFICANCE Applicat on No (s) : R-026-82 Environmental Checklist No. : ECF-025-82 Descript on of Proposal: Application to rezone property currently G-1 & L-1 to B-1 for combination office/retail building and veterinary clinic. Propon'en : E & B DEVELOPERS, INC. Location of Proposal: Located on S.W. Grady Way and S.W. 12th Street between Seneca Avenue S.W. and Raymond AVenue S.W. Lead Agetcy: BUILDING & ZONING DEPARTMENT l This proposal was reviewed by the ERC on April 7, 1982, and April 14 1982, following a presentation by Jerry Lind of the Building & Zoning Department. Oral comments were accepted from: ,Rover Blaylock, Donald Persson, David Clemens , James Hanson, lerry Lind, James Matthew, Gary Norris, Robert Bergstrom, Ronald Nt-lson and Richard Houghton. Incorporated by reference in the record of the proceedings of the E'C on application ECF-025-82 are the following: 1 ) Environmental Checklist Review Sheet, prepared by: Eug-ne C. Sprout DATED: March 3, 1982 2) Applications : Rezone (R-026-82) 3) Recommendations for a declaration of non-significance: Tra fic Engineering, Utility Engineering, Policy DevelopmentDepartment, Building & Zoning D epartment, Police Department and Fire Department. 1 Mor- Information: Parks & Recreation Department. Acting a- the Responsible Official, the ERC has determined this dev-lopment has a non-significant adverse impact on the erivifonment. An ES is not required under RCW 43. 21C. 030 (2) (c).. This decision was made after review by the lead agency of a comple e environmental checklist and other information on file ith the lead agency. Reasons ' or declaration of environmental non-significance: Will not adversely impact adjacent properties and that the f ollowin• requirement shall be complied with: The deve opers will provide on site storm retention and storm drainage facilities on adjoining streets in accordance with storm drainage planning for the Earlington Gardens neighborhood as developed by Renton Public Works. FINAL DECLARATION OF NON-SIGNIFICANCE E & B DEVELOPERS , INC. APRIL 19, 1982 PAGE TWO Signatures : riz> Ronald G. Nelson id R. Clemens Building & Zoning Director Policy Development Director Lam" Richard 2. Houghton Public Works Director DATE OF PUBLICATION: April 19, 1982 EXPIRATION OF APPEAL PERIOD: May 3 , 1982 Date c rculated : March 29, 1982 Comments due : April 6, 1982 EA4IBIRt 1EXIAL CHECECLIST REVIEW SHEETT ECF 025 - 82 APPLIC TION No (s ) . REZONE (R-026-82) PROP;ON: NT : E & B DEVELOPERS, INC. PROJEC TITLE : E & B DEVELOPERS, INC. REZONE Brief Description of Project : Application to rezone property currentlyG-1 , & 1 -1 to B-1 for combina andve erinary clinic. Located on S.W. Grady Way and S.W. 12th Street between LOCATION : Seneca Avenue S.W. and Raymond Avenue S.W. SITEA°EA : 24 ,340 sq. ft. BUILDING AREA (gross) DEVE;LO ^MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes :X 2 ) D rect/Indirect air quality :X 3 ) W. ter & water courses : X 4 ) ' P ant life : X 5 ) A imal life : X 6 ) Noise : X 7 ) L ght & glare : X 8 ) L ..nd Use ; north : east : south : west : L .nd use conflicts : Minor 1V , ew obstruction : Minimal 9) ' N. tural resources : X 10 ) R ' sk of upset : X 11 ) P pulation/Employment : X 12 ) N mber of Dwellings :X 13 ) Trip ends ( ITE ) : traffic impacts : Potential increase. 14 ) Public services :X r 15 ) Energy : X fr. 16 ) ' Utilities : X 17 ) ' Human health : X 18 ) Aesthetics : X 19 ) Recreation : X 20 ) Archeology/history : 1 X 1 COMMENTS : Signatures: 7.c4'2_,0 iel4&41.0 Ronald G. Nelson David . Clemens Building Official Policy Development Director 2. i 2 Ric and C. Houg ton, Public orks Director e .L-s_ Date circulated : March 29, 1982 Comments due : April 6, 19821 ERIVIROVIrEFN1i L ECHECL LT51 REVIItEVI SHEET- ECF - 025 - 82 APPLICATION No (s ) , REZONE (R-026-82) PROPONENT : E & B Developers , Inc. PROJECT TITLE : E & B Developers, Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 &L-1 to B-1 for combination office/retail building and veterinary clinic. LOCATION : Located on S .W. Grady way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE AREA : 24,340 sq. ft. BUILDING AREA (grosp ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) ' Direct/Indirect air quality : 3 ) Water & water courses : 4 ) ' Plant life : 5 ) Animal life :L/ 6) 1 Noise : 7 ) Light & glare .: I 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : v Lj9 ) Natural resources : 10 ) Risk of upset : 9 11 ) Population/Employment : y 12) Number of Dwellings : 13 ) Trip ends ( ITE ) : traffic impacts : 141) Public services :L 15 ) Energy : 16 ) Utilities : 17,) Human health : v----- 18 ) Aesthetics : 1 19) Recreation : ri` 20 ) Archeology/history : 4... f r 1COMMENTS : } t_6..e.,.... e,trio: t>,.,--r---zv-r.,r,r,si c--ter.( , S' Cam, ,r /.J r/ iv,.iy>te462,.--G'.,leho 4/ . .- FL 15 al V--G—e.'t(`-G 3) 0 -19 °F LS' mac. 7Y'etr‘" a_Y"'-e_et)1-:P%l`-fL( A w _411'-7 I O Recommendation : DNSI /‹ DOS More Information Reviewed byo E11 ?"' -cr L-- Title :CJ4/ Date : e'? ce " FORM: ERC-06 1 rAffiLi Date circulated : March 29, 1982 Comments due : April 6 1982 EINVIIR®E>J' [NTAL (CHEECEZLI[S1 REVIIIEEU SHEE [ ECF - 025 - 82 APPLICATION No (s ) 0 REZONE (R-026-82) PROPONENT : E & B Developers , Inc. PROJECT TITLE : E & B Developers, Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 &L-1 to .8-1 for combination office/retail building and veterinary clinic. LOCATION : Located on S.W. Grady way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE AREA : 24,340 sq. ft. BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3 ) Water & water courses : J 4 ) Plant life : a 5 ) Animal life : 6 ) Noise : t--- 7 ) ' Light & glare : e.------- 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : 9 ) Natural resources : j j______' 10 ) Risk of upset : 11 ) Population/Em loyment : G. ---- 12,) Number of Dwellings : L.------ 13 ) Trip ends ( ITE ) : traffic impacts : c f u-,71-i a._O 7`:T_ 4., /c-p o ':r :''24 !_-i_)7 i -i o %-, 14 ) Public services :1 15 ) Energy : Gj/ 16 ) Utilities : G- 1 17 ) Human health : 18 ) Aesthetics : j 19 ) Recreation : 4, 20 ) Archeology/history : 7 COMMENTS : Recommendation : DNSI DOS More Information Reviewed by :1 `Z Title : Ya y 5 ""c3/ Date : 2`/ 6 FORM: ERC-06 Date ' irculated : March 29, 1982 Comments due : April 6, 1982 EERVIE6 ONSIEERITAL CH[C CLII5T REVII[ED4 SHEET- ECF = 025 - 82 APPLIIATION No (s ) o REZONE (R-026-82) PROPO .ENT : E & B Developers , Inc. PROJEI T. TITLE : E & B Developers , Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 &L-1 to ,B-1 for combination office/retail building and veterinary clinic. LOCATION : Located on S .W. Grady way and S.W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE ' REA : 24,340 sq. ft. BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) opographic changes : r f2 ) direct/Indiret air quality :i/ 3 ) ater & water courses : 4 ) , Plant life : 5 ) Animal life : 1/ 6) Noise : 7) Light & glare 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : 9 ) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : 13 ) Trip ends ( ITi ) : traffic impacts : 14) Public services : 15 ) Energy : 16;) Utilities : 17;) Human health : 18 ) Aesthetics : 19) Recreation : 20) Archeology/history : COMMINTS : Reco mendation :DOS More Information Revi -wed by : l Titles Date :,5'/SDI FORM: ERC-06 FOLI'CO ( Date' c ' rculated : March 29, 1982 Comments due : April 6, 1982 EENVI REDINIPIE l'TAL (CHE(Cf INSIf CRIEVHEE1 5J EE1 ECF = 25 - 82 APPLIIC TION No (s ) o REZONE (R-026-82) PROPON NT : E & B Developers, Inc. PROJEC I TITLE : E & B Developers , Inc. Rezone Brief lescription of Project : Application to rezone property currently G-1 &L-1 to B-1 or combination office/retail building and veterinary clinic. L OCAIIJIN : Located on S .W. Grady way and S.W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE A"EA : 24,340 sq. ft. BUILDING AREA (gross ) DEVELO"MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : V 2 ) , D rect/Indirect air quality : V/ 3 ) W: ter & water courses :aV•" 4 ) P ant life : 5 ) , A imal life :1.7 6) Noise : 7) Light & glare : 8 ) L :nd Use ; north : east : south : west : L: nd use conflicts : NM' V ' ew obstruction : 0404c 9 ) N_ tural resource's : 10 ) ' Risk of upset : 11 ) P.pulation/Employment : l 12 ) , Number of Dwellings : 13 ) Trip ends ( ITE ) : Atop eAiad traffic impact : Yj //,Gj J 14 ) Public services : 15 ) Energy : 16 ) Utilities : 17 ) , Human health : 18 ) ' Aesthetics : 19 ) ' Recreation : 20 ) ' rcheolo gy/history : COMME TS : itee5 `104) ehl 4r/ Ale 4 44,E ai/A1, i ' * "Ore% Recom endation : / NSI DOS Mor Information Revie ed by . Title : di/4". Date : FORM: IRC-06 It( Date circulated : March 29, 1982 Comments due : April 6, 1982 ENVIRONMENTAL ERECULIST REVITE113 511-EUEIT ECF 1- 025 - 82 APPLICATION No (s ) , REZONE (R-026-82) PROPONENT : E & B Developers , Inc. PROJIEC- TITLE : E & B Developers, Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 (S.L-1 to Bt1 for combination office/retail building and veterinary clinic. LOCATION : Located on S .W. Grady way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE AREA : 24,340 sq. ft. BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE 06) : IMPACT REVIEW NONE MINOR MAJOR MORE INF0 1 ) iTopographic changes : 2 ) Direct/Indirect air quality : 1 3 ) Water & water courses : I 4 ) Pant life : 5 ) 1 Animal life : 6) I Noise : 7 ) L_ght & glare : 8 ) Land Use ; north: east : south : west : Land use conflicts : V• iew obstruction : r 9 ) N• atural resources : Q 4 10 ) Risk of upset : 11 ) ; Population/Employment : 12 ) Number of Dwellings : x 13 ) Trip ends ( ITE ) : traffic impacts : 14 ) Public services : 15 ) Energy : 16 ) Utilities : 17 ) H• uman health : 18 ) ' Aesthetics : s 19 ) , Recreation : 20 ) Archeology/history : lcCOMMENTS : Reco!mm- ndation : DNS'I DOS More Information Review- d by : /.. (/ Title : e G Date : G I{{ 1 FORM: E"C-06 1 re 4erM Date c rculated : March 29, 1982 Comments due : April 6, 1982 ENV IROMf ENTIAL CHE€CE LIT51 REVIIiEN SHEET' ECF 4125 - 82 APPLIC ' TION No (s ) o REZONE (R-026-82) PROPON7 NT : E & B Developers , Inc. PROJIEC TITLE : E & B Developers , Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 &L-1 to B71 or combination office/retail building and veterinary clinic. L OCATIUN : Located on S .W. Grady way and S.W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE A'EA : 24,340 sq. ft. BUILDING AREA (gross ) DEVEL0'MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) D rect/Indirect air quality : 3) ' Water & water courses : 4) P ant life : 5 ) A imal life : 6 ) Noise : 7) L ght & glare : 8 ) - ' Land Use ; north : east : south : west : L .: nd use conflicts : V ew obstruction : J • 9 ) N.: tural resources : 10 ) R sk of upset : 11 ) P )pulation/Employment : 12 ) N mber of Dwellings : 13 ) ' T ip ends ( ITE ) : t affic impacts :XXX 14 ) P blic services :XX 15 ) E ergy : 16 ) U , ilities : 17 ) H man health : 18 ) Aesthetics : 19 ) Recreation : 20 ) A theology/history : COMM'EN S : Recommendation : DNSIXXXXX DOS More Information - Revew- d by : RAP kTitle : Date : 3/31/82 FORM! E'C-06 Lrrit.riItZ Data circulated : March 29, 1982 Comments due : April 6, 1982 EHVERO 1LEN1TAE CHECNEJ[5IT RElTE1 SHEET ECF - 025 - 82 APP ICATION No (s ) . REZONE (R-026-82) PROPONENT : E & B Developers , Inc. PROJECT TITLE : E & IB Developers, Inc. Rezone Brief Description of Project : Application to rezone property currently G-1 &L-1 to B 1 for combination office/retail building and veterinary clinic.to LO1CA ION : Located on S.W. Grady way and S .W. 12th Street between Seneca Avenue S .W. and Raymond Avenue S .W. SITE AREA : 24,340 sq. ft. BUILDING AREA (gross) DEVE OPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) ; Topographic changes : N 2 ) tirect/Indirect air quality : 3 ) ater & water courses : i// 4 ) 'lant life : 1/ 5 ) ' nimal life : 6 ) oise : 7 ) ; ight & glare : I/ 8 ) ; and Use ; north : east : south : West : L-nd use conflicts : 1/View obstruction : z " j r 9 ) Natural resources : V 10 ) R sk of upset : 11 ) Population/Employment : 12 ) N tuber of Dwellings : 13 ) T ip ends ( ITE ) : t affic impactsl: 14 ) ' Public services : 15 ) Energy : 16 ) Ut ' lities : 17 ) Hu an health : j 18 ) :Ae . thetics :I 19 ) ,Recreation : 20 ) Ar, heology/history : COMMENT ' : Recommendation : NS i DOS More Information Reviewed by : Title : L. EA/ Date : FORM: ERC-06 II li II 11 il 11 11 II 11 I I 111 1, lj 11 II I II 11 II II 1I 11 11 II II II I I II I'I II 11 11 11 11 11 il il il UTILITY APPROVAL SUBJECT TO 30/SX. LATE COMERS AGREEMENT • WATER NO IATE COMERS AGREEMENT • SEWER NO I i SYSTEM DIVELI9PMENT CHARGE WATER 2 COA1 t. , c-. SYSTEM DEVELOPMENT CHARGE • SEWER T G'oA1A/• . SPECIAL ASSESSMENT AREA CHARGE - WATER Aft) II SPECIAL ESESSW; RT AREA CHARGE • SEWER iv VP ViVE2 BIER RAH XES E "Li tR ILAII 1IIAPPROVEDE 11 Y APPROVED FIRE HORN', LOCATIONS DV FIRE DEPT. YRS . FIRE FLOW ANALYSIS y,S II II 11 11 it11 11 11 11 li 11 I i 1 ii 1 II Date circulated : March 29, 1982 Comments due : April 6, 1982 ENVIRONMENTAL CHECKLIST R[JTE S-1EE1F ECF _ C25 - 82 APPLICATION No (s ) , REZONE (R-026-82) PROPONENT : E & B Developers , Inc. PROJECT TITLE : E & B D,levelopers , Inc. Rezone Brief Cescription or Project : Application to rezone propert currently G-1 &L-1 to B71 for combination Office/retail building and veterinary clinic. LOCATION : Located on S .W. Grady way and S.W. 12th Street between Seneca Avenue S .W. and Raymond ;Avenue S .W. SITE AF.EA : 24,340 sq. ft. BUILDING AREA (gross ) DEVELO 'MENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE 1 INFO 1 ) ' Topographic changes : 2 ) DIrect/Indirect air quality : 3 ) W. ter & water courses : 4 ) ' Plant life :I V 5 ) A imal life : 6) Noise : 7 ) L • ght & glare : 8 ) Lend Use ; north : east south : west : Land use conflicts : View obstruction : I - 9 ) Natural resources : 10 ) ' Risk of upset : 11 ) opulation/Emplloyment : 12 ) ' Number of Dwel?ings : 13 ) . Trip ends ( ITE :I) traffic impacts : 14 ) Public services : 15 )' Energy : 16 )' Utilities : 17 ) Human health : 18 ), Aesthetics : 19 )' Recreation : i/ U 1 20 ), Archeology/history : COMMENTS : 1'W //7P/Ll i d /G',/r'`s /e C L %/0/tf au '- du0 . , I/IJD /rvT-r,e,m1 7/a N i'4aPds S/2 Ls of /34- 0O=. of / YJLS O n/ .577-°/c'6r3- Recommendation : DNSI010 DOS More Information Reviewed by : title : FORM: ERC-06 teceipt # CITY, OF RENTON PLANNING DEPARTMENT 7- r i NAME ) • jr^ r DATE , PROJECT & _OCAT I ON Application Type Basic Fee Acreage Fee Total r/^) Environmental Checklist 5 Environmental Checklist Construction Valuation Fee ------ I TOTAL FEES Please take this receipt and your payment to the Finance Department on the fit's1t floor. Thank you. CITY OF RENTON V of rErvTeN P570NE APPLICATION id 1% n OR OFFICE USE ONLY D LAND USE HEARING BAR 2 6 19 2 PPLI CATION NO. g- D CO^0p EXAMINER 'S ACTION BU;LDAG/ZONING DEPT.:PPLICATION 'FEE $ APPEAL FILED_ ECEIPT NO. CITY COUNCIL ACTION I ILING DATE ' ORDINANCE NO. AND DATE FARING DATE PPLICANT TO COMPLETE ITEMS: 1 THROUGH 10 : I Name E & B DEVELOPERS, INC. Phone 271 5259 Address 3 1 S .W. Grady Way, Renton, WA 98055 I . pr nerty etit' oned for rezoning is located on S .W. Grady Way (Parcel A) an S .W 12th St. (Parcel B) between Seneca Ave. S.W. and Raymond Ave . S .W. . i .Square , fo tage or acreage of property 15 , 400 (Parcel A) and 8 , 940 (Parcel B Legal description of property (if more space is required , attach ai separate sheet) PARCEL A: Lots 1 through 5, Block 28, C.D. Hillman's Earlington Gardens Addition to the Ci't -y Seattle Division No. 1, according to the plat recorded in Volume 17 of Plats, pa 74, in King County, Washington. I PARCFT, 'B: Lots 26 through 28, Block 28, C.D. Hillman's Earlington Gardens Addition to the City f Seattle, Division No. 1, according to the plat recorded in Volume 17 of Plats, page 74, in King County, Washington. PARCEL A - G-1 I S . Existing Zoning PARCEL B - L-1 Zoning Requested B-1 for both parcels DOTE TO AUPLICANT : The following factors are considered in reclassifving property. Evidence or additional information to substantiatE your bequest may be attached to this sheet. (See Applicatior Procedure Sheet for specific requirements . ) Submit this forr in duplicate. n PARC'Fr, A: Combination office/retail buildingand veterinary7 . Propose. ' use of site nary clinic. PARCFr, B Additional offstreet parking for building located on Parcel A. 8 . List ,the measures to be taken to reduce impact on the surrounding area. On site .. king and landscaping. 9 . How soon after the rezone is granted do you intend to develop the site? Immediately. 0 . Two copies of plot plan and affidavit of ownership are required Planning Dept. 1-77 AFFIDAVIT I , Eugene C. Sprout, E & B Developers , Inc. being duly sworn, declare that I am the o ner. of the property involved in this application and that the foregoin• statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowl-dge and belief. Subscrib-d and sworn before me this 24- day of March 19 82 , , Notary P blic in and for the State of Washington, residing at Kent, Washington Frank D. oomos President Name of Notary Public) Sig ature Df Owner) E\ B Devel pers , Inc. 1111 West James Street, Kent, Wash. , 98031 301 Southwest Grady Way Address); Address) Renton, Washington 98055 City) State) 271-5259 Telephone) FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received 19 By : Renton Planning Dept . 2-73 I ' 4 AFFIDAVIT I, JAMES 4. DALPAY, as my separate estate, being duly sworn, declare that I am the o er 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 24th •ay of March 19 82 , Notary Public in and for the State of Washingt. - residing at Kent 41 ,IIIP WYI ame of Notary Public) gn ture,of Own 301 S .W. G ady Way Renton Wa hin:ton 98055 i g„,,k Z y 3 0 Address) Address) f I 11-4-- i,Ala-a City) State) Telephone) FOR OFFIC USE ONLY) CERTIFICATION This is Ito certify that the foregoing application has been inspected by me and has be n found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received 19 By : Renton Planning Dept . 2-73 AFFIDAVITRe=zo e L-1 to1B-1 j . j I, BRUCE L. GOULD and 'DORIS E. GOULD being duly sworn, declare that I am the ;ow er of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith •ubmitted are in all respects true and correct to the best of . my know'le.ge and belief. Subscribe. and 'sworn before me this 22,nd day of March 9 821 I Notary Pu.lic 'n and for the State of Washinglto• • esi. • g Kent 01 640a.ct.4.0' F.S.go-4.4.-e_.4 tom- o - z:ota.r' Pu• . i.c Signature of Owner) 1001 Rustic Road South Seattle, Washington 98178 Addres§) Address) City) State) It 772 2085 Office I Telephone) FOR OFFIIC USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has 'be -n found to be thorough and complete in every particular and to conformito the rules and regulations of the Renton Planning Departmlent governing : he filing of such application . Date Reclei ed 19 By: Renton Planning Dept . 2-73 AFF I DAV I TRezoneL-1 to, B-1 I, GARY 0. BUDD and KARMEN J. BUDD being duly sworn, declare that I am the ,owner of tfie property involved in this application and that the foregoing statements acid 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 ,22',ND day of March 1982, Notary IPublic in and for the State of Washinglto , residi at Kent 1 ame of Not i;y dub is I 6Si•nature o Owner 10601FRustic Road South Seattle, Washington 98178 Address) Address) City) State) 772-1692 772 2085 Office Telephone) FOR OFFICE USE ONLY) CERTIFICATION This is to certify thati the foregoing application has been inspected by me . and has been found to be . thorough and complete in every particular and to conform,1to the rules and regulations of the Renton Planning Department governing the filing ofl such application. Date Receiwed 19 By: Renton Planning Dept . 2-73 CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM l• CJ OF rEMTMoy 11 6 At FOR OFFICE USE ONLY ' MAR ,i` G 1982El Application No. R'_D,76 oa au:Loi,,, Environmental Checklist No. 21 N/NG DEPT PROPOSED, data: FINAL , date: Declaration of Significance' ElDeclaration of Significance 0 Declaration of Non-Significance El Declaration of Non-Significance COMMENTS: , Introduction The State Environmental Policy Act of 1971, Chapter 43.21C, RCW, requires all state; an local governmental agencies to consider environmental values both for their an dactions when licensing private proposals. The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose f this checklist ,is to help the agencies involved determine whether or not a proposal is uch a major action. Please answe the following questions as completely as you can with the information presently av ilable to you. Where explanations of your answers are required, or where you believe n explanation would be helpful to government decision makers , include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies ;invblved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should incl de the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agen ies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next questidn. ENVIRONMENTAL CHECKLIST FORM I. BACKGROUND E & B Developers, Inc. 1. Name of Proponent Eugene C. Sprout, President 2. ddress and phone number of Proponent: 301 Southwest Grady Way JRenton, Wachingtnn g2n55 Phone - 271-5259 3. Date Checklist submitted March 3, 1982 4. Agency requiring Checklist Renton Planning Department 5. Name of proposal , if applicable: ezone to B-1 6. Nature and brief description of the proposal (including but not limited to its size, general design elements, and other factors that will give an accurate understanding of its scope and nature) : 1. A r one of Parcel A from G--I 'to..B-i.,.,.:Ttp.s parcel:•is.15,400 sq. ft. and-the-'rezone is requested to permit.construction_of_._a-13-,:0.00 sq,- ft.. office/retaiVl builcling.,.and.•veterinary clinic, together appropriate site facilities and improvements'meeting 1_1 requiretent,.s J. of the B l zbne•classification. _ 2. A rizone of Parcel B fran L-1 to B-1, consisting of 8,940 sq. ft., to permit constructio of a parking lot which is an integral part of the building designed tor Parcel A. Said .imp ovements will Qt. all reqUirewbnts nf the B-1 znnP r-1 aGc i fi rafi nn_ 3. L , or sentl on Parcel B be reduced to provide a landscape setback of 5 feet on the northeast and south sides of the subject property. 1 2- f 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts , including any other information needed to give an accurate understanding of the environ- mental• setting d"f; the proposal ) : property is, on th:eSo. West corner of the intersection of Seneca Ave. So. West G'rady Way. Site is 100 ft. on Seneca Ave. So. West & 155 ft. on Grady Way t'n s consisting of 15,400 sq. ft. Also included is Parcel B consisting of 90 feet fronting on .S.W. 12th, being located approximately number of feet from L the S. W . airier of Seneca Awtiv ie 9 i 8. Estimated date for completion of the proposal : Nov. 1982 (six months after approval of rezoning request) 9. List of all permits , licenses or government approvals required for the proposal federal , state and local--including rezones) : Rezoning approval , Renton Building Permit, 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: Upon approval of rezone application, the construction of a office/retail store building including a veterinary clinic 11. Do you know of any plans by others which may affect the property covered by your proposal ? If yes, explain : No. 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: A building permit application as soon as possible. II . ENVIRONMENTAL IMPACTS Explanations of all "yes" and "maybe" answers are required) 1) Earth. Will the proposal result in: a) Unstable earth conditions or in changes in geologic X substructures? YES MATTE NO b) Disruptions, displacements , compaction or over- X covering of the soil? YES MAYBE NO c) Change in topography or ground surface relief X features? YE! MAYBE 1115— d) The destruction, covering or modification of any X unique geologic or physical features? YES MAYBE 0— e) Any increase in wind or water erosion of soils , X either on or off the site? YES MAYBE NO f) Changes in deposition or erosion of beach sands ,, or changes in siltation, deposition or erosion which X may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? Y MAYBE W Explanation: Some preload compaction might be required prior to construction of the plan ad huilrling and improvements. Planned development will require the regrading of the cite together with lan4 sca-ping and parking improvements. y " 3- 2) Air Will the proposal result in: i(a) Air emissions or deterioration of ambient air X quality? YES MAYBE NO b) The creation of objectionable odors? X YES MAYBE F c) Alteration of air movement, moisture or temperature, or any change in climate,. either locally or X regionally? YES MAYBE NO Explanation: 3) IWater. Will the proposal result in: i (a; Changes in currents, or the course of direction of X water movements, in either marine or fresh waters? YES MAYBE NO be Changes in absorption rates, drainage patterns , or X 1 the rate and amount of surface water runoff? YES MAYBE X c) Alterations to the course or flow of flood waters? YES MAYBE NO d) Change in the amount of surface 'water in any water body? X YES MAYBE NO e) Discharge into surface waters, or in any alteration surface water quality, including but not limited to X temperature, dissolved oxygen or turbidity? YES,MST Alteration of the direction or rate of flow of X i - ground waters? Y— RUNE NO s ) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? X YES MAYBE NO Deterioration in ground water quality, either through direct injection, or through the seepage of leachate, phosphates, detergents , waterborne virus or bacteria,X or other substances into the ground waters? YES MATTE NO i ) Reduction in the amount of water otherwise available X for public water supplies? YET— MA BE Explanation: Roof drainage & parking lot runoff will be controled by storm wate?retention system. i 4) lora. Will the proposal result in: a) Change in the diversity of species, or numbers of any species of flora (including_ trees , shrubs , grass, crops , X microflora and aquatic plants)? YES MAYBE NO b) Reduction of the numbers of any unique, rare or X endangered species of flora? YES WIFE No c) Introduction of new species of flora into an area, or in. a barrier to the normal replenishment of existing X species? 7 WATT 05— X d) Reduction in' acreage of any agricultural crop? . YET— MAYBE 110 Ex.lanation: 'Completion plans call' for land scaping in accordance with Renton City'Ordinance. 4 4- z ' -' ' 5) Fauna. Will the proposal result in : a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles, fish and shellfish, benthic organisms , X insects or microfauna)? YES MBE NO b) Reduction of the numbers of any unique, rare or X endangered species of fauna? YES MAYBE NO c) Introduction of new species of fauna into an area, Xorresultinabarriertothemigrationormovement of fauna? YES MAYBE NO d) Deterioration to existing fish or wildlife habitat? X YES MAYBE NO Explanation: X 6) Noise. Will the proposal increase existing noise levels? YES MAYBE NO Explanation: 7 Light and Glare. Will the proposal produce new light or X glare? YES MAYBE Explanation: The new building and parking lot will be lighted in accordance with building codes and Renton Cityordinances. 8) Land Use. Will the proposal result in the alteration of the X present or planned land use of an area? YES MAYBE NO Explanation: 9) Natural Resources. Will the proposal result in: X a) Increase in the rate of use of any natural resources? YES MAYBE NO b) Depletion of any nonrenewable natural resource? X YES MAYBE NO Explanation: 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides , chemicals or radiation) X in the event of an accident or upset conditions? YET— ( Explanation: 1i ) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population X of an area? RATITE WO-- Explanation: 5- 12) Housin . Will the proposal affect existing housing, or X create a' demand for additional housing? YES MAYBE NO Explanation: I 1 13) Transportation/Circulation. Will the proposal result in : X a) Generation of additional vehicular movement? YES MAYBE NO b) Effects on existing parking facilities , or demand X for new parking? YES MAYBE NO c) Impact upon existing transportation systems? X YES MAYBE NB d) Alterations to present patterns of circulation or X tovement of people and/or goods? YES MAYBE NO e). Alterations to waterborne, rail or air traffic? X YET- MAYBE NO f) ncrease in traffic hazards to motor vehicles , X bicyclists or pedestrians? YES MAYBE NO Explanation: The proposed building will comply with zoning ordinances lelat: ve to parking, driveway access, s t.J1 k _, a.t_ thPrP wi 11 be additional traffic to and from this commercial building and its tenants. 14) Public Services. Will the proposal have an effect upon , or result in a need for new or altered governmental services in ary of the following areas : X a) Fire protection? YES MAYBE NO X b) Police protection? YES MAYBE X c) Schools? YES MAYBE NO X d) Parks or other recreational facilities? YES MAYBE NO X e) Maintenance of public facilities , including roads? YES MAYBE NO X f) Other governmental services? YES MAYbE NO Explanation: This new commercial building and business tenants will increase the requirements upon fire protection, police protection, etc. , as will any new commercial building. 15) Eneir lgy. Will the proposal result in: X a) Use of substantial amounts of fuel or energy? YES MAYBE NO b) Demand upon existing sources of energy, or require X the development of new sources of energy? YES MAYBE NB Explanation: The proposed construction will be as energy sensitive as possible meeting all applicable energy and building codes. 16) iUtilities. Will the proposal result in a need for new systems, or alterations to the following utilities : X a) Power or natural gas? YES MAYBE NO X b) Communications systems? YES MAYBE NO X c' Water? YES MAYBE NO 6- d) Sewer or septic tanks?X YES MAYBE NO e) Storm water drainage? X YES MAYBE NN f) Solid waste and disposal? X YES MAYBE NO Existing storm water drainage systems will be improved. Additions Explanation: to existing sewer systems, water systems, telephone systems and electrical power systems will be made as part of the proposed construction. 17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding X mental health)? YES MAYBE NO Explanation: 18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive k site open to public view? YES MAYBE NO Explanation: The. proposal will improve the general appearance of the area. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X YES MAYBE NO Explanation: 20 ) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical X site, structure, object or building? YES MAYBE WO— Explanation: III. SIGNATURE I , the undersigned, state that to the best of my knowledge the above information i true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. eo-Proponent: dt '! isigned evelop l'~s. lc. Eacitekie 0 .Yp2odr , President name printed) T-- Es z a LLO z iT. 13 LD LOT X LOT LOT'd T ' K ^ BLuCu~ 128 b] to i as L.T L. = Zan' 2c zZi 1 t 9i a S•,FECO TITLE T ?StJR/t",CE COOP/\ Y Fourth & Vine Eui1dirg P. G. Pox 21987 S.oattle, Washington 98111 OF RENTON T; : FITTS ESCROW D l5 V o 301 Southwest Cray Way P. O. Pox 1102 MAR 2 61982 Renton; WA. 98055 A. tention: Eton BU LD'+NG/ZONING DEPT. Y .ur Ho.: 821024. Our Mo.: 457434 TITLE OFFICER: ARTHWR S. EIiSH Telephone: (206) 292-1316 I COMM-111E1ff FOR TITLE. INSURANCE SCi,EDULE A Your• No.: 821024 Our No.: 457434 1 . Effective Date: February 26, 19F32 at 8:00 2. Pol i cy or Policies to he i s su ed: X ALTA Owner's Policy Amount: 1,54,000.00 X Standard _ Extended Premium: 195.75 Tax: !12.g2 Rate Apnl i ed: Short Tem Proposed Insured: EU;E1 E C. SPROUT and DERI'ICE B. sr' 'oui, husband and wife ALTA Loan Policy Amount: $ Preriur:^: Proposed Insured: Tax: X WLTA, Standard Coverage Policy Amount: $44,000.00 Praiium: $ 12.50 Tax: S 3' Rate Applied: t',eneral Schedule Proposed Insured: 3. The estate or interest in the land described or referred to in the Con„i tment and covered herein is: A F e 4. Title to the fee estate or interest in said land is at the effe Live date hereof vested in: JAMES WW, DALPAV and GIA.NE G. PALPJY, husband and wife 5. The land referred to in this Commitment is in the state of Washington, County of King, and, is described as follows: Lots 25 through 28, Block 2%+, C. D. nil lr +n's Earlington Gardens Addiliion to the City of Seattle, Division No. 1 , according to the plat recorded in Volume 17, of Plats, Page 74, in King County, Washington. 1 1. COMMITMENT FOR TITLE INSURMCE t scimuir 11 r4 t. 4E7434 I. The following are the requi rements to be compl i ed wi th: A. :Instruments necessary to create the estate or interest to he insured must be properly executed, delivered and duly filed for record. I II Schedule r3 of the policy or policies to be, issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: A. 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 dote the proposed Insured acquires of record for value the estate or interest or mortgage thereon centered by this t7.,rnmi tqent. 1,3. Any policy issued pursuant hereto will contain under Schedule I.I the standard exceptions as set forth and identified as to 1 type of policy on the inside of the hack cover hereof. C. SPECIAL EXCEPTIONS: 1 . Regulatory control by the State Supervisor of Flood Control through he establi shment of a flood control zone Flo. 2 inclusive within the bou-'daries thereof these prmises and other property as lying within a flood basin. Control being exercised by issuance of regulatorY•orders ttl;rid ,pemits effecting the planning, construction, operation and maintenance of any structure of improvement, public or private, to be ere ted or built, or to be reconstructed or modified. (RCII F3M6.010. et sq. )1 2. Covenants, conditions and restrictions in decloratlon of rest-ictions, a copy of which is hereto attached; Peco ded: ' April 16, 1979 Pico ding Mo.: 7904160606 P.t.n:o7-ds of:King County, Washington Executed by: JPPEs w.• DALPAY and DIANE C. DALPAY, his wife 3 Contract of Sale, including the terms, covenants and provisions the.rof, and the effect of any failure to ccoply with such terms, cove' ants and provi sions. i Continued) 1 1 r o. 457434 Page 2 P 7 ted:April 18, 1979 R cordod: April 2,3, 1979 hl xcordi ng No.: 7904230773 Seller: JAME S W. Pa P/W and 'f h,A,N E' G. D L P1 W, his wife Purchaser: RODEPT S. VANDERFOPP and C.NNE pl. VAIWFRFOhP, his w i 'fie Excise Tax Receipt No.: E-05310D2 Affects: Lots 21 through 2P 4. Contract of Sale, incitiding the terns, covenants and provisions thereof, and the effect of any failure to cm ply with such terms, covenants and provisions. Pa ed:1anuary 14, 1981 Re ordc d: January 19, 1981 Re ording No.: 8101190043 Seller: ROt3ERT S. VN4PPERFOPT) and ANNE J. VA.^'PERF0f?h1, his wife Pu chaser: BRUCE 00ULt) and RORIS E. CCt!L0, hushand and wife, and CAP( ( J0P and KA N F{.i t UflP, husband and wife, each as to one-half undivided interest F.xc se Tax Receipt No.; E-0623355 Aff.cts: Lots 21 through 28 5. Assess rent of; Ar of nt: 3,693.61 Ord nance No.: 2768 Pis riots 278 Pay tie in: 10 annual installments, plus interest At: 79 per annum Fr . : November 19, 1973 ins al bent: 8, paid .. Instal /rent: 9 will become delinquent 0'ns November 19, 1982, if unpaid By: City or municipality of Renton For: Sanitary sewer Account o.: 18 Affe' ts: Lots 21 through 211 6. General taxes for the year 1982. The first half thereof must be paid on or before April 30, 191,120 otherwise the entire amount will he cons dered delinquent. Arou t: 1;328.43, plus a special tax in the amount. of 12.00 Affe ts: Lots 21 through 28 Tax ccount No.: 3'34040-480544 Continued) 1 1 1\ . • 457434 Page 3 7. Lien of real estate excise sales tax upon any sale of said pren- i esi, if unpaid. S. Right, Title and Interest of 9. G. COMPANY, as disclosed by the apilication for title insurance. c Q 3 I y I L'yu,, ' Ig`.yig- •' 1. rile No, R-1{1-76 1 e •3 1 v,`,'nt ,+fi I. Jame° N. Delpey i 1 i 1 I t. by `u}} 3" F :,r '!i h t tl 1 1 l DECLARATICCA OF RESTRICTIVE COVENANTS aFjr',;'.rYa' 4-. t 1 i,.! ' WHEREAS, Dalpay af"'7'46' ice; Jaaoa W.and hie wife Diana G. Delpay are the owners of the• Ig xsp`s;f tg3,y is'`,i?41gJ.yj 1" eu,' P"t j t E'1 1j/k i'. yi' f "a*' t 7,x,:; following real property in the City of Renton, County of King, State of Washington, 5 z, +' sqyi,f y F I doecribed as follows; V'„ '2 dr 4ll'i 1 b rtri g k Set, C' gl:I:: Lots 21 through 2H inclusive in Block 28 of C.D. Nlllman'e Earlin ton f•X Garden Addition to the City of Seattle, Division No. 1, as per plat I j a F, r rrr.Ff F. Y'y;i?= ',t3 recorded in Volume 17 of Plats, page 7{, racorde of King County. i >• t';!:,.',,;,"A',.., t 1 ar;" r p a;:4 1;•rr,-'•,i„,, i WHEREAS, the owners of maid described property, hereinafter "the property,"MT fi;Yi: I w• .^• '- I 1 d.oiro to Se ow Cho Following restrictive covsnan to running with the land na k'•'ki"'S µEA + Y 1I':}i',`,{F to use, pronent and future of the property; ii}* y;,t`5s c{"`.!-;,j',s i I pOrs, ygQ:R 0R2, the elorooud owner he,a..Ly aetablich, ;rnnr „d fmpoee r r rDK-`r'.l- . kF,r.k1'tNte 1 soatrictlon and oovonanta running with tM land as to the use of the land I j$t;+:,r ti`. • t ya tl''S heroinabove deccrl.bad with rospcct to the moo by the underoigned, their eucceosors, I yyi., fit'it' 4 ;.'r«'3d,' i, p i y.'.n•.m r' Ai I heir° and soaigne, ao.follows; riy'i S I zlp;f ,x y.,<;d.c,..• F ' 1 A minis= 20-foot setback atoll bo rotainod along S.w, 12th SLroat; a minimm+ 1 le-,.ti.'j .' p,,-,i;s' .,,l, 10-foot eatback shall be retained along the coat property line; and a minimum J..L':r L.. A.1"\' ai's Sri i 1 ii Tx'i" 10-foot setback ohall ba retained along the north property lino, I I? 0.i? t { 441 i'..y;,,fift/ LA2}DGCAPILx I f s ny'i, yt.y ";2rovided od scent to S.N. 12th Street;1 ,, Ftl'A eaiaic^+n 20-foot lendoee,?o strip Dhall bop S II y;, nor. f it I lJ-} 11 G:k -r.9" scent to the cant property i ,°x{!?>^' 4 q i.1,A, d minimum 10-foot land loop° strip shall bo provided adjacent 1 TAyK1f;', ".otri shall be provided adjacent to the 441t*' 'ym line; and a minim 10-foot landecopa p I a'-1r .V3''tiVA^J r. i y 1 y north progarty lino. A dotallad ldnflscapo plan °hall bd sutmutcod to and npprovsd 3, 31 i1.4W'L.,5 i i t+i=Aro-lc'„ r` i by the DcufttaF planning Dspartcsnt a° past oY the building permit application. f " ro—vN,4 a'ff'P; gj.Y,r s = 11 i:; 1; f A.':,` fi,,,F 1, OUTSIDE STORAGE AREAS 4;(a `, '' i. I I Outside star aka of c'afor isle, equipment, and contairu+ra way be pormi t[ad within Fti,1b l,?} i T.I:b'clz 1 t n J L ix,;+'".4z;; the"ifiii ldablo portion of the property when paid storage l properly acrwnod by a yr.ra s,+, k:iydY olght-obscuring feneo,not loon than mix foot in height nor more than 10 feet in ik'g ieil i 11,'',Y, t; height, together with a alni five-foot landscape °trip eub sct to rwlov and r )( i;•...'°-r: approval of the Denton Diann ing Dopartoont. i x`°.I"','i', i. 1 `:ill..sic. r' i, 1p 1' J,'y}•i 'ry .+ 1 DURATION i....; 3 n' '•1;' S with the land and aspire on December 31, 2025. If at i •use.,.;i4r4 G ': f#• 1 I Theme covenants shall run ri.:riq,;;fig;, k, t! ikY,.L''4i• any tls:o lvprovosnnta are lnatallod pursuant to Chess covenants, the portion of the illi ` L'i4••.;,'`. 11:;:frjlk 6ct i I covenants pertaining to the specific installed improvement° es required by the It 'L,p,?'y;:ii;'.;:',., 1 I i 7 1. n:..;.,,JA4 I I i A.; ';1"a pr dinancos of the Clty of Renton shall terminate wl thout naceealty of further wt"•, 1,,1>,°,. I 4-f i.,}v ,,r 1 yyy' A l el.ti'...4;i} 1 I 1 j?JXP1.'f -4A 1 y s i'• J IrLp i f _ n.Ts•ra ='a. .1.,!L,u'.Y•,^,.;s J spa.,gip 1tnilF F r . 1 0 1 1 ;1 G ' . gc e., .• f 1 • , tr.- 1,,,,. 1 i . Atigky. ';,,: .•t:c \gp.A, • 1 1 . 4 •'...c.-,:,.:1 . I 1 1 iteiltlf .:11 i 1 . cAanantati1on. I I I tt1 I Any viJlation or broach of theca reotrictive covonanto may be enforced by proper atri'•t-', • V 1 1 legal rocedureo in the Superior Court of King County by either the City of Renton iSti'i,004,4.; 1 .0 or any Iroperty owners adjoining subject property who are adversely affected by isaid b each. Reasonable attorneys fees incurred during an enforcement proceeding ON 1 — will b borno by the portico whom the court determines are in error and shall be enteredR as a judgment in ouch action. i balray pY.t,04,t4,WIA4141 :0P c Slift ,4T,:,..1.2i. c.t. Zf. „(9,0—e/07 rgypiqe,'0, 611.,sinTrNi4x1Y 1 oNatar.,gphlp 4 STATE .9kHINCTOdl OrUITT.g0' coucrrt 02, 1 RI= 1 11 i ALithic0 - day of ' N , .\ 1922_, before co personally ilt,",p,ttht#Att4 41 Villigi;At6.:',ItA941'. P.0-0:d -,••.‘,a,,, U.)• ? A ?s Y1 Is (1.• flii'lW 1 the pa acne who ouccet.cd the within and foregoing instrument, and acknowledged 411i16$ , App,,,,,i,. Isaidiistru=n t to Cothe froo end voluntary act and deed of said persona for the iptAA 21AliNWV lk t :7 14.3.00 d purpeaos therein mmntioned. 441'r kitik: In urn= Lo2rtgar, I have hereunto set my hand and affixed ry official i ' I seal the day and year first above written. IIs,1 .v'•nt'lltt,AVAIT w 1 ' . 441eir i kkIK 1s43- \- A.AL? A :01;•e,i/A'4:., 4 g•1'1.,. 1 Ltrtary Public in and for thoAtat, of Washington, residing0.,,..in Kf.A . t E.1?6Tir.4 CD OA 70*1 ZAI cDcr. zs l',4fliiibt,=''' i co • 1/4... t t 1 t sri f a I' (:: AVT4,117414 CI 1 41,,.4::, ,V i 1 : . A14,•tip1 o I 1 1.X441.4 1 i J-4'141 1 1 4g.''Agek 4,.„! i A1,-,i'' i"',' i.1 A$44f$V,i I 1iRk4144I I It.A1,,,, •1fr•ql•tr,wor-i i 1:4;.76,4 . 1 7.-075-guo4.,;?,Ezi.... .7.E.775777.7777-777-77 ';',,.„ : . -:- ,.. , • . •-• •• . .,..•.1 • :04,-, ' i ' L\ I r., ,,,.I.•,,,., I.•,„. . . II-L. ': 1I.-LI d;!IL ! I'. II,, CI:III:IF This sk-tch is not based upon a survey of the property described in Order No. i of saf CO Title Insurance Company of Washington. It is furnished without charge solely for the purpose 74_ of assi ting in locating the said premises. It does not purport to show all roads or easements. The Corn- pany as umIes no liability for inaccuracies therein. I 1I i I , Ay i oN I S 60 . • 1 N 1 /6 h Qi W 41.56 b ° o CIQ1 • r, cs, i I B L O C,lf . 2 8 I 1 I 1 INSERT YOUR NA .E & ADDRESS COPY TO l `'' Unit F,ASH - FITTS ESCROW COMPANY SticNo. $7&$#$ 457434 301 SW G• " 'T,,AY PO BOX 11 )2' Your No. 821024 RENTON 1 AI 98057 Dote March 22, 1982 TO SAFECO:TI LE INSURANCE COMPANY We enclose the following: Suppi. No. • CASH f 01. II ADVANCES 1. Deed from - GOULD/BUDD to E & B File No. t- Excise tax affidavi Check for payment h $540. 00 i/Excise No. j } • 2. Deed/Contract fro to File No. Excise tax affidavit I I Check for payment I I Excise No. E & ?B GOULD B DD 3 3. Ix (a) Deed of 1 ust from to File No. 1 ! i n (b) Mortgag- from to File No. I I (c) Financin• statement from to File No. I I (1) File with County Auditor ' n (2) File with Secretary of State Advanced $ Forwarded 4. I I (a) Reconve once of trust deed referred to in paragraph of Title Report I I (b) Release .f mortgage referred to in paragraph of Title Report 5. File No. I Paid 6. Tax receipt for 19 Treas. No. Date Amount Proceed as follows: I XJ Record above instruments I YI Send pencil supplemental report L YI Give verbalI I .YJAffix and can el stamps on Deed No.' 1 above. State fi54 , 00 Fed. l 1. IBill charges i. 1 I I You May Issu- Your E Purchaser's 0 Owner's Mortgagee's Order tax registration Type Policy showin. title in Subject to pa agraphs Additional instructions Please pay Real Estate Taxes . Our check for $330. 6g is enclosed. Please smiddeopies of recorded dndil !ddtP mxtga3Rm*Rx t7 474.x1ix9n* lrx sY Cathy i COMPANY FITTS ESCROW COMPANY We have complied with your within instructions I I Title premium amended (see below) I J There has been no oth9rIchange in the title to the property EXCEPT: A--------- i •_t__. j r/r v ' SgFECO TITLE INSURANCE COMPANY 7 G-} Dated Il, L' `' 19 at 8:=a.m. By IT-14 R5 11/78 rI eerelaern nrr•ma• ...n•• Cri"s'" i`?ti" t t 8t k t:e: f :L t ;?•?il F ;(::.t;i .o-• I l i. l {_ L 1' 'LTY,C; y: :e t illiil h"% 1 tt'1i i,! -,it' }{it •14,ej ••`dAfECO TITLE MdIIANCE COMPANY j • L..L : r : • 1S @. 01 r,QliA., k . -ri }. i4llTHISSPACERESERVEDFORRECORDER'S USE r 821024 Filed for Record at Reduot of 457434 STIC KING COUNTY t0 NAME FITTS ESCROW COMPANY EXCISE TAX PAID to AR 2 S 1982 .I:. po ADDRESS 314 SW GRAp.Y WAY E0670779f. et. PO BOX 1102 CITY AND STATE RENTON WA 98057 w Y.:,-41rJ/ —7 1: , jiii'' wl+µ`4J' ' t}itil 7 71 ! t,i:i. tv r / EE =( Q: i t i;g i4:{F•• ' i•4i4 i +F y i Y71! + 1 Fi; s. 1$..t; i :_,r"- I,I LS:: i)i3:1'tQ1iFF . i STATUTORY 7.-o i }ill H t 5 o WARRANTY DEED 7fiiS$SA7it T6 i0?t 1 41 1_E`!d::a..r, • , THEGRANTOR BRUCE GOULD and DORIS E. GOULD, husband and wife; andGARYBUDDDandKARMENBUDD, husband and wife lot end 16 cons,d.ril,on of TEN AND NO/100 ($10.00) DOLLARS is Inhand id,conn•yIendw.rrannto E & B DEVELOPERS, INC., a Washington Corporation,as nomineesl 'in interest the Iono ing described real estate,situbted in the County of KING Wmhmgt n. State of l.otl6 th ough 28 Block 28 C. D. HILLMAN'S EARLINCTON GARDENS ADDITION TO THE i•:CITY 'OF S TILE, DIVISION NO. 1, accordingto theplat recorded in Volume 17 of c•i ' ' t:::::;:•••?T'"'::*(;:::•% I Plats, pa e 74, in King County, Washingto . i. ':• '~i•, •• SUBJECT T That r ' ' ; i :;°5..;,i,:::'-:5.:,` .':,;it•••:.: certain Real Estate Contract dated April 18, 1979, recorded may• April, 23, 1979, under King County recording no. 7904230773 wherein.James W. Dalpay is the Sellers and Robert S. Vanderford and Anne J. Vanderford are thePurchaser , and which purchasers interest was assigned by instrument datedJanuary1 , 1981, recorded March 1, 1982, under King County recording no. 82030.1056 to Bruce Gould and Doris E. Gould; Gary Budd and Karmen Budd, ANDSUBJECTT : That certain Real Estate Contract dated January14, 1981, recorded7January1?, 1981, under King County recording no. 8101190043, wherein Robert S.Vanderford and Anne J. Vanderford are the Sellers and Bruce Gould and Doris E. Gould', Ga y Budd and Karmen Budd, are the Purchasers. The Grantors herein agreetocontinuetopaytheoutstandingRealEstateContracts, as described above, y 1 "' :`'' accordingto the original s:•. '•:(' T Tt ', : 'r':t:tT`terms and conditions thereof P ;l• •.•,i!fi:i i @i •.• i• Detect March 17 82 1 I °F 'j'i :t I•ii iq. j ji;'Ij: i ;.:iii i!i,IB 45310 OTC O(O.( [i 11111i! .i:::::::i.e!i!l ti!,f`7 :l I.. 1;.. :.: i;Lt,.•;• f ti t Lj e' Et t I Dorfsc. Goul 9yCaryulawIduaqarmenu lPrerident 25. 9y C, W • Seeretavl i.a i STATE O WASHINGEON STATE OF WASHINGTON t COUNTY F King COUNTY OF i t'• 8=: i y On ttn n d perwryll app@ar 1q7 mC On this day of f' p'i is liOU d IIn0 bOr 18 liODl— y :,,-rt • i'`'1 +'''.i,•,, ,:Y•4 Wi''41L-Irtrd Lary Udd and Karmen tsudzt 10,.Wfvr.me,tM und+nignw,a Notary Public in and @ i;t; th f. IR the sus.of e, Washington, f? t E :::;;{h.•:;;•' p i ': iid;l•+):iie}, .ngton,duly commiuioned end swan, t _'• i 9E•5•-• to me known to be Me U.dirldusl dewibed in end who 3 ;49L'.. :i?:;•:• t''•F= t 11 ) t• :.: i: tt• :?t 1 -e`•— exccuted the withinand for personally appeared @i• 7• .•:':t}i: l:: j:; ,t•' i going inavunanl,and ae4noYA• t•t rry+7.,yLt p'}, "{p'e,`p.ricked that ttt2p D b• ::eN7s27_ C" .•i0W:!;°•'their and a: _ ..boned the tams es S:=•, e- r_•:-•_r _ _ .._ to me known to be the President wv sr• ,'. I free end voluntary act and deed,1w the um and eurpoam • and SepeUry,rowaclireiy,of I• sfJl:i.:i`•:p'•.. ('v, tytu1;' t„ therein tionod. s the coroaatlon that executed the foregoing instrument;end t='GG II V Ep1 undo,my hand end official teal this I al day of March .19 C 7 • II.i - 7aa,. skli's f T rr••LL Jpya.Vr re ab: _ I I`: 'm l I 6TATE Oi u"" i'lF.. nVEya11CB_ i 7 I/ aS lll(JtSll a ' Tax— _ No[ery Pute in and la the State of aMirgtm,residing ! ..._Dtf:.tx'W=r77 %''/' '" Kent Ttr.nww._..S.11 et Il t_ i; Pea.''"' ' ll...,.l.l....11: tt. l_li-=::' tl—:II—I:_IYearlintoboe'written. Notery"Pudic In end lot tM State of Washington,residing al I. 1AR241982 8. . i1D v5TR w+w+...-+-amz,'ar.aJ!"im."', 4 N•r f'bi.' „.v`'' '(r( •. 'A)• -, V''j'W'''•r'a•,Yi W'uG' ? a ; o • i : iyy=ar.„13ot •!' •;.iiilat: 4:4: :;;I::;:iii!t.err..;. •CT= iptti°L7lt•1!t-P•K•SN;Ct • K• !t•a..t.eE!T°.aat :. , •:• .• i-j- r:•:•T.;rv ,:-;• t.,@{ L • '• i • :: ii?^?t • ::t:.i : !t '''1 ..ii ..11i1(B ':° higiVtib 14? 1 1P416 1/ttW L 1044 Et 9 rg,/ f1 iPkiPkip lI - „ i,•,,._ ,.'sir: „ ,i, ,:!'.-, 1lir ,,'IA:i, ; tle t{$4,•..;• : r 1 t. t: i; i-•••••..••••:i•••••••:•• .::•:,/•• '?• r ,a n1 ;; sue' . •-.iii', :}' 'i: ;i:::i :iii t r, W. h^, t' S'•''';S V "J•'(:,' I;t 1 ' iii t i :;': i;1ii:i:C Tt• t;i:: t•i'i7is i ?ii t. ii F i'is:•? ii : is iii Ett:t•t Q it y. ii: r. i;. t:; a d: 7• rt if1tiit7' 't iii i/•t i' ii• i t 1:i' i 7 1•f tit : :h: F' •f •t•i 1 't'':Fai1)': •trC t 1 rrril.• I. t.. .h,; i„F,_, ai:C @ r :.! ''•'• •it t .} 1• 1 '!• r' :t•• ct• fiii:: .1 is .(,. tt•: ;t,,t.s rtiss:: ih` •t• :. F•• @ is 1.ti;;t. !i i i e .Ir i 1 i•:ii;i:t i41 rlii tl' t t r 1• }{ry}`'31i =i' c. ' O •i i: td: iF j,iii•'3:,Ir ,F•t t,i}it .FilltilrtUn . ld•'d tiZ l ilt'liOi itti: 7F111.1:i;iir0.. +,i¢{ft 0WriF 04E;rl: in itil:i t tiD! ;' t, ;ri I: ._•,.'-..:..-. _ .r.. •.'' .t-". ..-".:-•f ti 4 r••:,e e • :. . :4.' t~ u;ifl;:,i; ei F• • • •it. _s,t.-•r •-f r,4•• . :r_•; r.l .;, •i' •. a lft• .a: 1 .F 1r.4i1: 7 ; 4 fl- {yyYJi :1 q,•,•u,. •ij _4,?ia•;::iS. :!;il l'i',io air.,..,4I,n _,)'. .,,4 i i1•i•',,,L I,, : 'S . . .,.i.., .- ANDERSON 8C cJACKSON ATTORNEYS AT LAW ROBERT L.ANDERSON PHONE: RICHARD A.JACtCSON III WILLIAMS AVENUE SOUTH-P.O.BOX 454 206) 228-1880 RENTON,WASHINGTON 98057 MICHAEL B.GOL•ENKRANZ March 23 , 1982 L13Q ONINOZ/ONIG IT IS Mr. Roger Blaylock Zoning Official Z86t 9 &VI Ciy of Renton 200 Mill Ave. S . I I /;\ fl Gj a Re ton, WA 98055 jJll j NJ NO1N311 AO AinJ Re: Rezone Justification by E & B Developers, Inc. Dea Mr. Blaylock: This letter sets forth the justification, appropri- ateness and timeliness of the above referenced rezone application. 1. Request ,by Applicant. a) Rezone Parcel A from G-1 to B-1. b) Rezone Parcel B from L-1 to B-1. c) Remove the restrictive covenant regarding setbacks' on Parcel B. II . Zoning History of Area. a) Last comprehensive plan amendment in the subject area was in June of 1976 . b) Parcel. A is zoned G=1 and has been so '. designated. since the City. annexed the area in December of 1961, under Ordinance No. 1928 . c) Parcel B was rezoned in 1978 from G-11.toLL-1, under Ordinanace No. 3308 . At the time of this rezone there was o request or ,consideration given to establishing the area as a B-1 zone. III . Significant and Material Changes Have' Occured in the Subject Area Since the Last'Comprehensive Plan Amend- ment in June of 1976 and the 'Rezone 'of Parcel B' in 'January 19'78 a) The subject property is located in a tran- siti nal area that has within the last .few years benefited in a pearance by the 'construction of numerous office/retail I 1 I I Mr. Roger Blaylock M rch 23, 1982 P ge 2 b ildings. Some examples of the office buildings are as fo lows: 1) Northeast corner of S.W. 12th and Maple Avenue S.W. (Ordinance No. 3270) . 2) Southwest corner of Lind Avenue S.W. and S .W. Grady Way (Ordinance No. 3053) . 3) Northwest corner of Lind Avenue S .W. and S.W. Grady W'ay (Ordinance 'No. 3083) . i 4) Cummins, Northwest Diesel located at 811 Grady Way. i 5) Boeing office buildings::_located on Lind Avenue P.W. and on S.W. Grady Way. In addition, ,Puget Western has a short plat approved for a c.mmercial development. on the 'old railroad right-of-waybeteenLindAvenue 'S.W, and Rainier Avenue S. 1 b) The subject area can no longer be considered 4 r s.idential area. 1 c) Properly designed office buildings will imp ove the appearance-of- the subject area. This is evi enced by. the office buildings now in the area. B-1 zon ng is a down One from L-1 and will encourage continued de,v lopment of the area to office type 'structures' and will a'ct as a natural and attractive buffer between the heavier i.nd strial uses. B-1 zoning should also be 'more compatible and sensitive 'to the needs of the few 'remaining single fam' ly residences' in this area. 1 I d) From a simple aesthetic standpoint, the are would be mucli better off with B-1 zoning which would all _. offices. The present L',-1 zone would allow such bus' eases' as junkyards,' manufacturing, lumber, coal and fuel yards, and truck. hauling companies,. I I e) B-1 zoning does not attract the heavy truck trafi.ic that one, ould find in an L-1 zone.' The proposed use , ould add 'ye y little automobile traffic to the area. f) A tastefully landscaped office' building will add to the _ne,ighbo:rhood. M . Roger Blaylock M rch 23, 1982 ' P ge 3 g) Each new office building constructed in the subject area has improved the public access to the area by reason of improvements to the streets, alleys and sidewalks. This will also be true of the planned project. h) Lind Avenue S.W. and S .W. Grady Way have both been significantly upgraded and are major arterials within the City of Renton. Both streets will be major means of access to the subject property, :together with Seneca Avenue S.W. and S .W. 12th.. I i i) 'the subject area is developing more towards offices than industrial use. IV. The Planned Facility is an Owner-User Building. 1,Th planned facility is an owner-user building. It is a re ocation of a veterinary clinic (Renton Village Veteri- na y) that has been in business in Renton since 1964 and a elocation of an engineering construction firm (The Sp out Group) that has been in business in Renton for 18 months and in' the South King County area for 15 years. No market analysis should be necessary. . i V. Parcel B Has Restrictive Covenants That Should Be Removed.Parcel B is an integral part of the office building and veterinary clinic planned for Parcel A and is needed for additional off.=street parking. When Parcel B Was rezoned to L--1, the city required a restrictive covenant calling for a 20 , foot landscape setback along S .W. 12th and a l0:rfoot landscape setback 'on the north and east sides of the property. The setback was a reasonable requirement at hat time because of the uses allowed under L-l. (Attached her to and incorporated herein by reference is the Declara- ton of Restrictive Covenant) . However, under the B-1 rezone req ested by applicant for Parcel B, the intent is to establish and construct an appropriately landscaped parking lot. The par ing of automo',biles within an appropriately landscapedparkinglotwillpresentnoheightorotherintrusionupon neighboring properties . Any setback should be as is reason- ably required under B-1 zoning. VI. The Proposed Rezone Meets the Policies Set Forth in the City;' s Comprehensive Plan adopted February 23, 1981. The proposed rezone meets the policies set forth in thelabove comprehensive plan. Examples of certain specific goals, objectives and policies are set forth as follows: I a Mr Roger Blaylock SMa ch 23, 1982 IPao e 4 A Goals and Objectives for Urban Land Development. I(P.ragraph 3) . Policies: 1. Vacant land surrounded by developed land should be given priority for development. (Paragraph 3 .A.3) 2. Land where adequate public utilities are avail- able shouldibe given priority for development. Paragraph 3 .A.4) 3. The upgrading and/or redevelopment of marginal areas should be encouraged. (;Paragraph .3.A.6) 4. Transitional areas should be converted from one us,e to another as soon as possible, with new uses designed tp. be 'compatible with existing uses. of the district. (Paragraph '3.B.4) 5. District should project a favorable image. Paragraph 31.B.5) B. Goals and; Objectives of Commercial Areas 'Sound co ercial areas ;should be created and/or Maintained and eclining areas- -revitalized. (paragraph 5 Policies 1. Sufficient access, circulation, walkways, and offstr.eet .parki:ng and loading should be provided by commercial developments. (Paragraph 5.A.5) 2. Commercial areas should be compatible with adjacent land, uses. (Paragraph 5.A.7) 1 3. A variety of goods and services should be available in, each_ commercial area. (Paragraph 5.A.9) On behalf ofithe applicant, the undersigned respectfully' reqests that the '' above referenced rezones and removal of res r.i,cti,.ye .covenants be granted. Very t y o /,/% e; t L.erste-- RLA: ij Ericl. cc: Clients t 1 0 .) v li a r„ J ft J Ll i cV' 1,...4q14 i 4 t. Y r r J rile no. R-143-75 i Z'a#' r' Janes 31. Dal pay i 1 i fi G r= }•, _ i 1 DOCLARATICM Or RESTRICTIVE COVGTJANTS i hil 01 h. 62 1 j t. + WHEREAS, Janes W. Dalpay and hie wife Diane G. L.elpay are the owners of the t ° `,',`, rti• 1 cae .. following real property in the City of Renton. County of King, State of Washington, i,' , ,A,. r Nf.• R•, I described as follows, i t r r t,,:: .,:f,.-,,:ii i I, r::,,,,,! Lots 21 through 2e inclusive in Block 29 of C.D. Nillmnn's Earlington Y. : r A",••'' I Garden Mdition to the City of Seattle, Division No. 1, as per plat grecordedinVolume17ofPlats, page 7•, records of King County. te,G B, y•I'}1J/ o err 1 i , le-+ 1YJ r I IReREAB, i^ 1a,,,the owners of said described property, herunattar 'the pr p Y, 1 r y i Jr 1. ,tip ,1 desire to impose the following restrictive covenants running with the Sand am 4 :5r, I i to use, preeent and future, of the property, tH41„..HP-t r '<i,!` 1[BWOW, TRIQORi, the aforesaid owners hwaeLj •stallleh. ;rent AM I..poee Ki 1' restrictions and oovenanta running with the land a to the use of the land p.J'• ii I i i .,. 4 l'{!y, hereinabovo described with respect to the use by the undersigned, their successors, 4) ci• 4: P' heirs and aaaigne, as follows, l i '' i .s; 8 V' I I Srr1IACKfJ i 'xµ•P4. 4 y J I A riniaue 20-foot setback shall be retained along 8.e. llch SLiset, a minimum 2} r i I, 10-foot (setback shall be retained along the east property line, and a minimal • I ri' 4.yi r ace- 1 i 10-foot setback shall be retained along the north property line. T t yx+ isa i'.r y„I i t yt ' Yy J114a¢7CJtr ING i ft iii„ A s,lnisam 20-loot Sandaospe strip (shall be provided adjacent to S.W. 12th ecr.ecr 4 1. f7 strl shall be provided adjacent to the eeat property t '• I ninla® LD-lr3ot landscape p x4'n R ., r°Y: i f i atrl shall be provided adjacent to the tkRv. 1 liner and • minimum 10-loot landscape p 1 ` kr: ,, , north property line. A deb,Ailed landdecape plan shall be sutm3tted to and approved j`k,• I 5 t7;. JS by the bantce Planning Department an pert of the building permit application. i 4i1q,1.ive i OUTSIDEIDS STORAGE ARIAS 0• .,, F,,1 I Outside stereos of materials, equipment, and containers nay be permitted within f ct,,, t i the tRiildable portion of the property when said storage is properly screened by • i A, eight-obecurinq fence not lens than six feet in height nor more than 10 feet in 4911} 41}r ,-;1r Pr— 1 height, together with a Witting, five-foot landscape strip subject to review and I.yi44 le- I pp,1t?rit approval of the Beaten Planning Department, i 1"r •f4'f,.. I iVi re-:::. I Ire-.;a re-;'; DURATION t re-}}•,',; i t rl,i These covenants shell run with the fond and o ire on December 3l, 2025. It at iV Kp5!:. , 4"1 any ties irprova enta are installed pursuant to these covenants, the portion of the 1{ V_ .•{', I ZSaw,•i 7 1 covenants pertaining to the specific installed improvements as required by the l; :e{i7t i'i err I 1 I Ordinances of the City of Roston shall terminate without necessity of further p; .'i,}' I I 3 ',ilkli:.r'Jra d d , • a n J r\f C 1.3 rksr jTT(( I A r( i k 1 1 IUs V. 1 i docununtation. r ' 1 l h t Any viol tion or breach of Chess restrictive covenants may be enforced by proper i M {.. rk legal pr edurme in the Superior Court of ring County by either the City of Renton f X1; Ti 1 , or any p operty owners adjoining subject property who are adversely affected by I 1 j,} ,6`3 said br ch. Roaoonable attorneys' fees incurred during an enforcement proceeding I 4 A,: ,;, 1 will ba rno by the parties whoa the court determines are in error and shell be Iantnrodas • judgment in each action. I 3 iano G. I t SffW"s y try"("yK r r.x ETATS W I o ceI) i ill. r COILPTf OT [I xp 1 I ',V ' Y I i` On s U day of N fY• e I t ,\ : 1921, before ma personally ti ; I i 4'4-; 3131 1' PPwerod ll1,,lrsn4 k/.1' An,• ,vre. Jt}1' r•1 the pereala who om•outed the within and foregoing instrument. and acknowledged cD said1inatrrarnt to ba tba free and voluntary act_and deed of onid persons for the i .y' qq S CI i '7 f l 4 T 1 uses pappoose therein mentioned. bclss1'g{ lu YITf7w-Sd VUZSZO7, I have hereunto oot my hand and affixed my official T; f`. ,F y I and year first above1 ( writton. d seal the Y g_ W l rr 1 j lire‘Notary Public in and for the qtn s _ o I of neshington, residing in K•tf Rr t:Y',k.S O l 4I{, ay r_' ii i . rty lrfl.i i 0 i 91 IP!h`d'.. m"4-'....A.010 z ill" fP 1\ - 42 i r3y 'y. 7', i I 1 N4k r t s 9 SAFE CF RENTON ALTA OWNER'S POLICY 11—'11 [1WFORB - 1970 vU DAMEDED10-17-70) MAR 2 G 1982 BULGING/ZONING DEPT. POLICY OF TITLE INSURANCE issued by S .•. EEC® TITLE INSURANCE COMPANY SUB ECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCH 'DULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, SAF CO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insur s, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the a'mo nt of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the ompany may become obligated to pay hereunder, sustained or incurred by the insured byteasnof: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; Any defect in or lien or encumbrance on such title: Lack of a right of access to and from the land; or 4. Unmarketability of such title. In Wit eels Whereof, SAFECO Title Insurance Company has caused this policy to be signed and s-aled by its duly authorized officers as of Date of Policy shown in Schedule A. i r4 a. Secretary President I TP 58 H1 2i79 PRINTED IN U.S.A. a SCHEDULE A Policy No. : 445222 Premium: $318.00 Amount of Insurance: $77,500.00 Date o Policy: June 12, 1981, at 8:00 a.m. 1. N me of Insured: E .& B EVELOPERS, INC:, a Washington corporation 2. e estate or interest in the land described herein and which is covere by this policy is: FEE SI PLE 3. a estate or interest referred to herein is at Date of Policy vested in: THEN D INSURED 4. The land referred to in this policy is in the State of Washington, County of King, and is described as follows : Lots 1 through 5, Block 28, C. D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1, according to the plat recorded in Volume 17 of Plats, page 74, in King County, Washington. y Poli ,y No. 445222 Page 2 SPECIAL EXCEPTIONS: 1 Deed of Trust to, secure an indebtedness of $15,000.00, and anyintoest, advances, or other obligations secured thereby;Date :April 17, 1978 Reco1ded: April 25, 1978 Reco ding No. : 7804250293 Reco ds of :King County, Washington Grantor: THOMAS M. BEVAN and MARGARET M. BEVAN, husband and wife, and CHRIS T. BEVAN and SUSAN R: BEVAN, husband and wife Trustee: PIONEER NATIONAL TITLE INSURANCE COMPANYBenefciary: RUSSELL W. SNIDER and MAXINE E. SNIDER Affec, s: Lots 1 and 2 NOTE: Beneficiary's interest now held by RUSSELL W. SNIDER. 2., eed of Trust to secure an indebtedness of $21,000.00, and anyinterst, advances, or other obligations secured thereby;Dated May 31, 1979 Recor ed: June 1, 1979 Recor ing No, : 7906010494 Recor s of :King County, Washington Granter: • THOMAS M. VEVAN and. MARGARET M. BEVAN, husband and wife, and CHRIS T. BEVAN and SUSAN R. BEVAN, husband and wife Trust e: PIONEER NATIONAL TITLE INSURANCE COMPANY, a corporation Belief ciary: ROBERT W. ARGENS and SHELBY M. ARGENS, husband and wife Affects: Lots 3, '4 and 5 3. eeneral taxes for the second half of the year 1981, which becomedelinquentafterOctober31, 1981. Amount : - 64.38 Affects: Lots 1 and 2 Tax Account No. : 334040-4705-05 neral taxes for the second half of the year 1981, which becomedelinqentafterOctober31, 1981. Amol'nt : 79.75 Affect : Lots 3, 4 and 5 Tax Ac ount No. : 334040-4715-03 Continued) I Policy No. 445222 Page 3 4,. Deed of Trust to secure an indebtedness of $55,095.00, and any interest, advances, or other obligations secured thereby; Date :June 5, 4981 Recorded: June 11, 1981 Recording No. : 8106110147 Records of :King County, Washington Grantor: • E & B DEVELOPERS, INC:, a Washington corporation, as nominees in interest Trustee: SAFECO TITLE INSURANCE COMPANY, a California corporation Beneficiary: THOMAS M. BEVAN and MARGARET M. BEVAN, husband and wife, and CHRIS T. BEVAN and SUSAN R. BEVAN, husband and wife CG/js j I 1 OWNER'S INFLATION PROTECTIVE INDORSEMENT NO. 3 The Com} any, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided bysaidPolicy, us stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the man• ner and to the extent hereinafter specified. Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached and on each succeeding January 1. t. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by. which the United States De• partm•nt of Commerce Composite Construction Cost Index (base period 1967) for the month of September immed ately preceding exceeds such Index for the month of September one year earlier; provided, however, that ti e maximum amount of insurance in force shall never exceed 175% of the amount of insurance dated in Schedule A of said Policy, less the amount of any claim paid under said Policy which under thetermsftheConditionsandStipulations, reduces the amount of insurance in force. There shall be no annual adjust:ent in the amount of 'insurance for years in which there is no increase in said Construction Cost Index. 1. In the settlement of any claim against the Company under said.Policy, the amount of insurance in force shall be' dee led to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first noticeofstallclaini, whichever shall first occur. Nothing h'rein contained shall be construed as extending or changing the effective date of said Policy. This i idor•ement is made a part of said,Policy and is subject to the schedules, conditions and stipulations there- in. except as m dified by the provisions hereof. , , Dated:J e 12, 1981 at 8:00 a.m. Policy No. 4,5222 SAFECO TITLE INSURANCE COMPANY 1iY Authorized Signature TP-55 11/74 3ThissketchisnotbaseduposurveyofthepropertydescribedinOrder 5 7 of ,S;,Ee• Title Insurance 1/4.ompany of Washington. Ic is furnished without charge solely for t a purpose 74. of assi'stin: in locating the said premises. It does not purport to show all roads or easements. The Com- pany ass ..es no liability for inaccuracies therein. a/ v‘'4C o. `— Ssc,Ol DP 60 uJ 1iiiIIiii'i esi BLOGx 28 i 1 INDORSEMENT Attached to Policy No. 445222 . 28. 75 Issued by SAFECO, TITLE INSURANCE • COMPANY The Company assures that, except as otherwise expresslypy provided herein, . there are no liens, ;ncumbrances or matters disclosed by the public records and an inspectionofthepremiise- , affecting said estate or interest, other than those shown in said policy, except SEE! ElHIBIT "I" ATTACHED HERETO AND MADE A PART HEREOF. The effetive date of the above—referenced policy is hereby extended to M. r h 23 i1982 the date of this Indorsement, subject, however, to the addition of It- . 5 herein to Schedule B thereof. The total liability of the Company under said policy and under this and anyotherpriorInd.rsements thereto shall not exceed, in the aggregate, the face amountofsaidpolicy =nd costs which the Company is obligated to pay under the ConditionsandStipulation- thereof. This Indor-ement is made a part of said policy and is subject to the schedules, conditions and tipulations therein, except as modified by ' the provisions hereof. DATED this 23rd day of March 1982 at 8 : 00 A. M. SAFECO. TITLE INSURANCE COMPANY Y• rJ AUTHORIZED SIGNATURE EXHIBIT "I" ATTACF HERETO AND MADE A PART H \ ;OF TO POLICY NO. 445222 . 5. ' G neral taxes for the year 1982 . Amount 4122 . 93 Affect : Lots 1 and 2 Tax Aceount No . : 334040-4705-05 G neral taxes for the year 1982 . AmountF •152 . 29 Affects : Lots 3, 4 and 5 Tax ;Account1No . : 334040-4715-03 1 Special exception numbered 4 is hereby amended to read as follows : 4 . D- linquent general taxes for the second half of the year 1$81 . Amount : 64 . 38 , plus interest Affect : Lots 1 and 2 Tax Ac ount ' No . : 334040-4705-05 D linquent general taxes for the second half of the year :1 81 . Amount : 79 . 75 , plus interest Affects : Lots 3, 4 and 5 Tax Ac ount ' No . : 334040-4715-05 i\\ 1111111 dbceipt # CITY OF RENTON PLANNING DEPARTMENT NAME DATE -. PROJECT & LOCATION Application Type Basic Fee Acreage Fee Total Environmental Checklist Environmental Checklist Construction Valuation Fee TOTAL FEES Please take this receipt and your payment to the Finance Department on the first floor. Thank you. LN Di NG oF ALE rt,., FILE TITLE ,' riezeid, fi 4,,,....- 0000.40 ......... eaii ' A) , „i! ' , . . i I , . 1 i 1i1 °