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HomeMy WebLinkAboutA 20001013000480 . t ,. � ,� , , : . . � ' WHEN RECORDED RETURN TO: Office of the City Cle�lc Rertton Ciq�Hali 20001013000480 1055 South(3redy Way CITY OF RENTON AG 18.00 Rer�tan,WA 96055 PACE 001 OF 011 10/13/200� 10:09 ---- KING COUNTY, WA G'�'q--°��°`� � -- DEVELOPMENT AGREEMENT PARTIES This Development Agreement (this "Agreement") is made and entered into this 14th � day of September, Z000, by and among the City of Renton ("City"), a municipal corporation <� of the state of Washington, T and E Investment, Inc., a Washington corporation, owner of the � parcel of property ��vithin the area covered by this Agreement ("Owner"), and AEG1S � CAPITAL INTERNATIONAL, a Nevada corporation, purchaser of the same parcel of m property within the area covered by this Agreement ("Purchaser"). � o RECITALS � o Vl�-�REAS, there is a vacant parcel of property located adjacent to and south of N.E. 0 3ra/4th Street, between Monroe Avenue N.E. and Edmonds Avenue N.E. in the City of' �, Renton; and WHEREAS, the vacant parcel of property is currently zoned R-10; and WHEREAS, the site has been proposed for self-storage and office uses; and WHERE�IS, such uses may not be established in the R-10 Zone under current City Ordinances; and WE-�REAS, the City Councii of the City of Renton has determined that such uses may be appropriate for the subject property under certain conditions; and WHEREAS, the City Council believes that such uses can be accommodated pursuant to a Comprehensive Plan Amendment and Rezone, Renton Municipal Code amendments, and a development agreement as authorized in RCW Chapter 36.70B.170 through 210; and WHEREAS, on May 3, 2000, the Planning Commission held a public hearing about �': the Comprehensive Plan Amendments and Rezone redesignating the property from ' °� DEVELOPMENT AGREEMENT- Page 1 ` y � t .. + . , ' $ ' ' ` � . , ' ` ' ,' ,r . Residential Options/R-10 to Employment Area - IndustriallLight Industrial, potential Municipal Code amendments, and an associated development agreement; and ' WHEREAS, the City Council adopted a Planning and Development Committee report � on August 7, 2000, which recommended (a) redesignation of the property to Employment Area - Industrial/Light Industrial and (b) amendment of the Light Industrial Zone to allow Of�ice uses city-wide; and WHEREAS, the adopted Committee report also includes recommendations for a development agreement that incorporates Environmental Review Committee mitigation measures; and WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and �� WI�REAS, this Agreement appears to be in the best interests of the citizens of the �''' City of Renton, Washington; ,.�.- c� � NOW, THEREFORE, the parties agree as follows: � � SECTION 1. AUTHORITY � �' Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real c� property are authorized to enter into a development agreement setting forth development � standards and any other provisions that shall apply to, govern, and vest the development, use, `� and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTY ', A. Legal Description and Illustrative Map: The subject property is legally described in � Exhibit A, attached hereto and incorporated by reference as if fully set forth herein, and graphically represented in the drawing attached as Exhibit B and incorporated herein as if fully set forth. B. King County Property Identification Number: The King County Property Identification Number for the subject property, applicable at the time of this Agreement, is 1623059062. SECTION 3. DEVELOPMENT STANDARDS A. Permitted and Prohibited Uses. Permitted uses of the subject property include, and are limited to, the following: 1. Office DEVELOPMENT AGREEMENT -Page 2 � � ' _ , � . ` . �' . 2. Self-stor�ge, including storage of vehicles, provided that no portion of any stored vehicle is visible from any adjacent, residentially-zoned property. B. Site Development St�ndards. The development standards of RMC Title 4 in effect at the time of this Agreement shail apply to the subject property, except as provided in subsections B.1 to B.3, below. l. Setbacks: Setbacks shall follow the requirements of the IL Zone, except that the minimum setback from the top of slopes (as identified by the 25% slope boundary line) along site boundaries adjacent to residential zones shall be 10 feet. Slopes may be measured foliowing approved grading on site. 2. Height: Self storage structures shall be limited to a maximum height of 2 stories or 30 feet. � 3. Special Requirements: � � � (a) No chain-link or other metallic fencing shall be visible from the � adjacent residential zoned properties to the south and west. � �..- (b) The gross floor area of uses on the site shall be limited such that �' aver•age daily vehicular trips generated shall not cumulatively exceed 680, as calculated by the 1997 Instit�rte of Trans�ortation Engineers �=� (I TI�')Munucrl. � ��� (c) Consistency with either of the Elevation and Site Plan alternatives, attached as Exhibits C and D and incorporated herein as if fully set forth, shall be a requirement for approval of development of the subject ' property. West farades shall reflect the fa�ade articulation and character represented in the north elevation in Exhibit C; however, as to the east facades, only the portion(s) thereof that will be visible when travelling westbound on NE3rd/4`�' Street shall be required to reflect the fa�2de articulation and character represented in the north elevation in Exhibit C. Minor modifications, such as may be required to meet City of Renton Codes, shall be allowed only with the approval of the Zoning Administrator or designee. Development proposals for the subject ' property that are determined to be significantly different in scale, layout, fa�ade articulation or visual character from both Elevations shown in Exhibit C or from both of the Site Plans shown in Exhibit D are prohibited without amendment to this Agreement. SECTION 4. EFFECT UF DEVELOPMENT AGREEMENT Unless amended or termi�iated, this Agreement shall be enforceable during its term by a party to this Agreement; provided, however, only the City may enforce the above-stated site DEVELOPMENT AGREEMENT - Pabe 3 ' . _ � , . , , ,� s ecific restrictions. Durin 7 the term of this A reement the sub'ect ro ert shall not be , P b g J P P Y subject to a new zoning ordinance or an amendment to a zoning ordinance or development standard adopted after the effective date of this Agreement unless (a) otherwise provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or to a development standard shall apply or (c) in the case of a new or amended development ' regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any permit or approval issued by the City for the subject property during the Agreement's term must be consistent with this Agreement. 5ECTION 5. EFrECT OF OTHER CITY REGULATIONS � A. Definitions: The definitions of RMC Title 4 in effect at the time of this Agreement shall apply to interpretation of permitted uses and site development standards provided in this Agreement. °� B P rkin : The Parkin and Loadin re ulations of RMC Title 4 in effect at the time of . a �, g g g g h i consistent -.� i A r m nt shall a 1 to develo ment of the sub'ect ro ert t at s th s ee e y g PP Y P J P P �' with this A reement. � g � `'' C. Environmental Review/Sensitive Areas: Where applicable, all development shall �"' comply with all environmental review and sensitive area regulations addressed in Title � 4 and Title 8 of the Renton Municipal Code which are in effect at the time of this __; Agreement. �. �-. ��; D. Signs: The Sign Code of RMC Title 4 in effect at the time of this Agreement shall apply to development of the subject property that is consistent with this Agreement. E. Other Develo ment Re ulations and Permits: Develo ment shall be sub'ect to any p g P J other applicable development standards or requirements not otherwise specified in this Agreement including, but not limited to, any applicable permit process requirements, impact fees, mitigation measures, development conditions, street and utility regulations and specifications, subdivision regulations, and health and sanitation regulations, which are in effect at the time of this Agreement. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public safety. SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the reai property records of King County. During the term of this Agreement, the Agreement shall be binding on the DEVELOPMENT AGREEMENT- Page 4 . ' , � , . . , � i � parties and their respective successors and assigns in interest with respect to the subject property. SECTION 8. TERM This A reement shall run with the sub�ect ro ert until amended or rescinded b the Cit g J P P Y Y Y Council in accordance wiih Section 9, below. With respect to any portion(s) of the property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. SECTION 9. AMENDIVIENT The provisions of tl�is Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutuai � written consent of the parties. After ten (10) years, the City may change the zoning and � development regulations pertinent to the subject property as part of its normal process of � alteration to its Comprehensive Plan, Zoning and Development Regulations. � � DATED this 14th day of September, 2000. �-- E� r-- CITY OF REN'I'ON �� � � By: Je . anner, Mayor „„�y�,;, �,��,.4,i„�i_ ,I•JfU ��`�`; �j�" '�'���}'y�//�O \�:�:;�,�;,�' ��4i� �'Y� ;�" � � '; Attest: ` � �= Marilyn J. et n, City Clerk =� ��.��� _ � �, � � ; : �-� � ,. %%, �.��..._ c�\,• `"�;i;;.`��ar�5�,��,��`` Approved as to Form: c.�, � `�,,`;y�_�;i i f{;!i�f i1111��C�\, ��— Lawrence J. Warren, City Attorney ' DEVELOPMENT AGREEMENT - Page 5 i , � t � � � ' , T AND E INVESTMENT, INC., a Washirigton corporation By: ?p,�G���.� �• ` --�� � ��T'�-�'..�n� I�lores Petterson Its: T��r� stc�2��? AEGIS CAPITAL INTERNATIONAL, a Nevada corporation By: � ichard ro � e-P �dent � � � � STATE OF WASHINGTUN ) � )ss ' � COUNTY OF K1NG ) � �.=• THIS IS TO CERTIFY that on the� day of � 2000, before me, � the undersigned, a notary public in and for the State of Was �ngton, duly commissioned and c•, sworn, personally appeared Jesse Tanner, to me known to be the Mayor of the City of Renton, a munic�pal corporation that executed the w�th�n and foregoing �nstrument and acknowledged the said instrument to be the free and voluntary act and deed of said City of the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said C'ity. IN WITNESS Wf-�REOF I have hereto set m hand and at�ixed m official seal th:; Y Y day and year first above written. ``�..������ � „ . _= �Cl �' �O��r� NOT Y PUBLIC in and for the State of Washington �. .,.,,,,, ; �i _;;�ss�oN''�,, 6� '� Notary: 1� , �--.zn- �� ; �:;��r pj �'�'',97� : My appointment expires: O 0 u , �v � '�� �, v , ; % '`�,'���V ' ; �r ,- �, , =' r . , �' �,, •G:...r� �r' O � "�,*�� n�,.,..�`' � ���i���F\1fd/QB���: DEVELOPMENT AGREEMENT - Page 6 • � ' � , . � i' . STATE OF WASHINGTON ) I )ss COUNTY OF K1NG ) I certify that I know or have satisfactory evidence that D�I.ORES PETTERSON is the person who appeared before me and acknowledged tl�at she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as Ti��f�SL[J�'�� of T AND E INVESTMENT, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: 9��y��� ��..���� �-Asz.�y 1� .� ��t,�,� ���� M. BRo�'� , � � Print � - i�.�,�SS�oNF�:� ���► �°� CL.�"ti� � :o NpTA�,�,`n� �i � Signature � �� �"`-` �� i �. " �i ' ��.�G '' � Title ��I��-9j���1*�.G�`•��' :� .�._l� � � . ..• _ c�� � � 1��ti����N= � My Appointment Expires �- � _-- c,� STATE OF WASHINGTON ) � )ss `~� COUNTY OF KING ) I certify that I know or have satisfactory evidence that RICHARD GILROY is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as vice-president of AEGIS CAPITAL INTERNATIONAL, a Nevada corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: Q �/��' 2�G� ��aY���c�, �� oa . � ei , r'-�K6' �� �;.�°�j;��Q,�� r� � C � �-S�e c. � a��. �,o� �oe� �. . ��; � .� �m P int �J S'�• � •td� � � ��L-�_ � C; �1���' � ���a��'a��.��o � � � o � ° " � � Si p�re ZCl1Li��-C-1�1 ` ���� . ��if�.��o. / � �O•.•.• •.���,, Tit ; �,��-z�. �/ �� j; "�`�5.��� �,�E����• Appointme t Expires DEVELOPMENT AGREEMENT- Page 7 ' ' - � � � " � . , , � , � . � �, , EXHIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST 'i QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., 1N KING Ii ' COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ii COMIlVIENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF I THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, ' W.M.; THENCE NORTH 89°12' 42" WEST ALONG THE NORTH LINE OF SAID SECTION 16 A II, DISTANCE OF 315.66 FEET; THENCE SOUTH 1°08'26" WEST ALONG A LINE 30 FEET EASTERLY OF AND I PARALLEL WITH THE EAST LINE OF THE STATE OF WASHINGTON TRACT (THE , DESCRIPTION OF WHICH IS RECORDED 1N VOLUME 2045 OF DEEDS AT PAGE 487, �I IN KING COLJNTY, WASHINGTON) A DISTANCE OF 660.30 FEET; i � � THENCE NORTH 89°12'42" WEST A DISTANCE OF 135.58 FEET; , �� THENCE SOUTH 1°08'26" WEST A DISTANCE OF 659.51 FEET, MORE OR LESS, TO � THE SOUT�-I LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER I � OF SECTION 16; I, �' � � �� 452.00 I THENCE SOUTH 89 06 38 EAST ALONG SAID SOUTH LINE A DISTANCE OF � FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE � NORTHWEST QUARTER OF SECTION 16; ' � THENCE NORTH 1°06'27" EAST A DISTANCE OF 1320.61 FEET, MORE OR LESS, TO � THE POINT OF BEGINNING. �� EXCEPT THAT PORTION THEREOF LY1NG NORTH OF THE SOUTH MARGIN OF 3RD AVENUE NORTH EXTENSION, NOW KNOWN AS NORTHEAST 3RD STREET, AS ESTABLISHED BY DEED RECORDED JUNE 15, 1964 UNDER RECORDiNG NO. 5748566. . . , . . , , , , . , ; . . EXHIBIT B I � Aegls Development Agreement � D < � z 5 m � ns � � D ¢� < � � z W NE 4th St. � °� � W � � � � o � 3CaS� _ ;4;- > � N ,�,:� _ Q � w n�e;*��y��:;'¢�Y?. a.� �L� : � o �-- ���-� ; �:,�.��, � y,��:� � �e ����- o � � � - � "'����" � � ;"�;�� �:;�� - o , I c� '�,_ `�:,;: �.���': �..��:.'_.. � jE�` »a�.:t�.'�"� v$�E � � 0 6�� 1 ,2�0 ������_� Subject property 1 :'7,200 Economic Development, Neighborhoods & Strategic Planning �� ♦ Sue Carlson, Adminiatrator O. Dennieon 23 Auguat 2000 �"� �i,;.�:�f�r;f "' +�.f;�ti��t � - � ,.v�.�, i�d�•,��:;.a; � ...o.r`•"�` �f ■Mi■ .�k.�,�.., iy�• 'il`;��:I,3:• ((�� iY �YM1Jbt K3X�� �NY4#Wf . �it�i�i t���� � �iint��.(�Y}j � qOnplYs iYY�/. +:1.I��i.".�i � My 9zr � W 1�..: ,..�. ,, '' ,�,i�? '.I� t. ��� � L {L - � '� �aaa�s '_ � ..: �t � � . . ._ �, . '� �, *���� � »� � NORTH ELEVATtON VEIRSIQIV g � � rara � o ao :o .m . � � ~ .,C y.�. .a+ ' �s.cna ti• � qy • I s,o.r.�-r-�c u.� ��i 1�`'c°a'�� �,c haw x�,:. 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' i , - �• �. -- - _. __ _ _._.. _._._.. _ ._ ._ . _ . -- ... _ . -- -- - - � ��� . - :,. ,. � .._ � $�� � z:� � T $n� ..SF�Z�� 1�. �� r.xe.m� . e b �a .o �` �—� � � =' s-t=-e � �`�0�0 � LOt ��t�G a ��. � / " • � + � � � _ .. � J eio..p x��r�°� EXHIBIT D ]4 MPAo � fi�a`r Q �a�� �FU � . � �� �. -� _ _ use.• _ , � XYAq �— S d�,P � - - - - - - �` � �f Y, b — — � ��� o � �dQ � ( s.�.o.�,.,�.a ° o �+a !� � . . . �. . . . i ��f' ��L. . F,� I . . . . . . . . . . . . g�'Q FF �°�. . �/ ..d��4 �4 � ��R ' � F�•jV, � 5 � o �:.�� V I (� . .� )��' / Y'� `� � � i �' � 'iR� o.me p g � �fa ��� ��g !��` .�d q{�_ 9� �' •� � V�V )ni � O I I��.. . ._ �� �e ����•��1��•••�•�•�, � � >]ee Y N �eCO Y� �\ P `rvT 1��r ' I_ .A�..�� t —_—1 —' r .�a . 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"�i � �'•�•'8 ' .-- —==—. �i � I �'�'•'•' ��:•a::g�:�::::: �e,,.o.�� �o.�0 1 , \y�� � Hoo e. ��om x 1. � ' 1 � j �.'�'�__ ...__...._. o-no..' . r uva.cu�ro .� . _. .ti-1 �iC k�F ri P � �9 i •, _9 - ': s YX� � _ ���� a�� ;A;�� b r ex k` � � ��c 6 i � �� 1�—"" Q Q �,�� -- � # idAP� x2° : :��d� �aP A full-size copy of this drawing is �� ;; C on file with the Renton City Clerk '� 5 d .:•� �,,"`•:••`••"•--�- SEi.F STORAGE PflO.ECT �� ^• — � _ e �; :j.�l.r�m.o..» eeowom�v¢�xrt[oo _ ~�? ' � � li � , eaze�ngw�Moa _�:i:�,%.� � (. .m ru vs - -_..»_ FltAIL'Y/ SiRICf�R ARG7tITHCIS • @0 LAKL'SmE AVE SUfiE 100 • SPA7'iIL' WAS}iIN07'ON 98122 • C20�321-4800•FAX(206)322-78T5 � � t � - ' 1 fi � � 1 1 � ' . "3. , • � T] n � � r ti WHEN RECORDED RETIJRN TO: � Office of the City Clerk Rertton City Hall 20001013000480 1055 South(3rady W8y CITY OF RENTON AG 18.00 Renton,�/A 9$Q55 PAGE 001 OF 011 10/13/2000 10:09 KING COUNTY, WA DEVELOPMENT AGREEMENT ' PARTIES This Development Agreement (this "Agreement") is made and entered into this 14th � day of September, 2000, by and among the City of Renton ("City"), a municipal corporation c� of the state of Washington, T and E Investment, Inc., a Washington corporation, owner of the Q, parcel of property within the area covered by this Agreement ("Owner"), and AEGIS Q CAPITAL INTERNATIONAL, a Nevada corporation, purchaser of the same parcel of M property within the area cc�vered by this Agreement ("Purchaser"). � o RECITALS � o Wf-�REAS, there is a vacant parcel of property located adjacent to and south of N.E. � 3`d/4th Street, between Monroe Avenue N.E. and Edmonds Avenue N.E. in the City of' � Renton; and WHEREAS, the vacant parcel of property is currently zoned R-l0; and � � WHEREAS, the site has been proposed for self-stora�e and office uses; and WHEREAS, such uses may not be established in the R-10 Zone under current City Ordinances; and WHEREAS, the City Council of the City of Renton has determined that such uses may be appropriate for the subject property under certain conditions; and WHEREAS, the City Council believes that suc11 uses can be accommodated pursuant to a Comprehensive I'lan Amendment and Rezone, Renton Municipal Code amendments, and a development agreement as authorized in RCW Chapter 36.70B.170 through 210; and =�.. WHEREAS, on May 3, 2000, the Planning Commission held a public hearing about ,{� the Comprehensive Plan Amendments and Rezone redesignating the property from ;Y DEVELOPMENT AGREEMENT -Page 1 '� 'Y. ' I _�c I � i � ;` � �• ' � ' ' , � � Residential Options/R-10 to Employment Area - Industrial/Light Industrial, potential Municipal Code amendments, and an associated development agreement; and � WI�REAS, the City Council adopted a Planning and Development Committee report on August 7, 2000, which recommended (a) redesignation of the property to Employment Area - Industrial/Light Industrial and (b) amendment of the Light Industrial Zone to allow Office uses city-wide; and WHEREAS, the adopted Committee report also includes recommendations for a development agreement that incorporates Environmental Review Committee mitigation measures; and WHEREAS, this Agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and �- WHEREAS, this Agreement appears to be in the best interests of the citizens of the �� City of Renton, Washington; � -,�• cz: � NOW, THEREFORE, the parties agree as follows: � �, SECTION 1. AUTHORITY o: � �' Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real c�. property are authorized to enter into a development agreement setting forth development �' standards and any other provisions that shall apply to, govern, and vest the development, use, � and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTY A. Legal Description and Illustrative Map: The subject property is legally described in Exhibit A, attached hereto and incorporated by reference as if fully set forth herein, and graphically represented in the drawing attached as Exhibit B and incorporated herein as if fully set forth. B. King County Property Identification Number: The King County Property Identification Number for the subject property, applicable at the time of this Agreement, is 1623059062. ' SECTION 3. DEVELOPMENT STANDARDS A. Permitted and Prohibited Uses. Permitted uses of the subject property include, and are limited to, the following: � 1. Office ; i u 4 DEVELOPMENT AGREEMENT - Page 2 , _ _�I � , i ' � , ' � i' ,1 , � � ' ' • ' I 2. Self-storage, inc(udina storage of vehicles, provided that no portion of any stored vehicle is visible from any adjacent, residentially-zoned property. B. Site Development Standards. The development standards of RMC Title 4 in effect at the time of this Agreement shall apply to the subject property, except as provided in subsections B.1 to B.3, below. 1. Setbacks: Setbacks shall follow the requirements of the IL Zone, except that the minimum setback from the top of slopes (as identified by the 25% slope boundary line) along site boundaries adjacent to residential zones shall be 10 feet. Slopes may be measured following approved gradinb on site. 2. Height: Self storage structures shall be limited to a maximum height of 2 stories or 30 feet. � 3. Special Requirements: � � �' (a) No chain-link or other metallic fencing shall be visible from the � adjacent residential zoned properties to the south and west. � �.- (b) The gross floor area of uses on the site shall be limited such that �' avei•age daily vehicular trips generated shall not cumulatively exceed 680, as calculated by the 1997 Irrstrl7.�te of 7ransportatian Engineers � (ITF,)ll�lur�ric�l. � � � (c) Consistency with either of the Elevation and Site Plan alternatives, attached as Exhibits C and D and incorporated herein as if fully set forth, shall be a requirement for approval of development of the subject property. West fa�ades shall reflect the fa�ade articulation and character represented in the north elevation in Exhibit C; however, as to the east facades, only the portion(s) thereof that will be visible when I travelling westbound on NE3rd/4`" Street shall be required to reflect the I fa��.de articulation and character represented in the north elevation in Exhibit C. Minor modifications, such as may be required to meet City of Renton Codes, shall be allowed only with the approval of the Zoning I Administrator or designee. Development proposals for the subject � � property that are determined to be significantly different in scale, layout, fa�ade articulation or visual character from both Elevations , shown in Exhibit C or from both of the Site Plans shown in Exhibit D are prohibited without amendment to this Agreement. SECTION 4. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, this Agreement shall be enforceable during its term by a pai-ty ` to this Agreement; provided, however, only the City may enforce the above-stated site DEVELOPMENT AGREEMENT - Page 3 � ., S I �, I q ; � �. , � , ` ,' . � specific restrictions. During the term of this Agreement the subject property shall not be subject to a new zoning ordinance or an amendment to a zoning ordinance or development standard adopted after the effective date of this Agreement unless (a) otherwise provided in this Development Agreement or (b) agreed to by the owner(s) of any of the portion(s) of the Property to which such new zoning ordinance or an amendment to a zoning ordinance or to a development standard shall apply or (c) in the case of a new or amended development regulation the regulation is one that the City was required to adopt or amend because of requirements of state or federal law. Any permit or approval issued by the City for the subject property during the Agreement's term must be consistent with this Agreement. SECTION 5. EFI'ECT OF OTNER CITY REGULATIONS A. Definitions: The definitions of RMC Title 4 in effect at the time of this Agreement '� shall apply to interpretation of permitted uses and site development standards provided in this Agreement. � B. Parking: The Parking and Loading regulations of RMC Title 4 in effect at the time of -� this Agreement shall apply to development of the subject property that is consistent � with this Agreement. � `Y' C. Environmental Review/Sensitive Areas: Where applicable, all development shall `-" comply with all environmental review and sensitive area regulations addressed in Title � 4 and Title 8 of the Renton Municipal Code which are in effect at the time of this �� Agreement. c_� �� t�7 D. Signs: The Sign Code of RMC Title 4 in effect at the time of this Agreement shall apply to development of the subject property that is consistent with this Agreement. E. Other Development Regulations and Permits: Development shall be subject to any other applicable development standards or requirements not otherwise specified in this Agreement including, but not limited to, any applicable permit process requirements, impact fees, mitigation measures, development conditions, street and utility regulations and specifications, subdivision regulations, and health and sanitation regulations, which are in effect at the time of this Agreement. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4), the City reserves its authority to impose new or different � ' regulations to the extent required by a serious threat to public safety. SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this Agreement shall be recorded with the reai property records i of King County. During the term of this Agreement, the Agreement shall be binding on the DEVELOPMENT AGREEMENT - Page 4 2 � � � � ,j� � � i , � ' ' • parties and their respective successors and assigns in interest with respect to the subject property. SECTION 8. TERM This Agreement shall run with the subject property until amended or rescinded by the City Council in accordance with Section 9, below. With respect to any portion(s) of the property that are not developed, the parties to this Agreement agree to evaluate the Agreement periodically, but not. less than every ten (10) years. Where appropriate, periodic review of the Agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan. � SECTION 9. AMENDMENT ' The provisions of tl�is Agreement, before the expiration of ten (10) years from the date of execution of this Agreement by all of the parties, may only be amended with the mutual � written consent of the parties. After ten (10) years, the City may change the zoning and � development regulations pertinent to the subject property as part of its normal process of � alteration to its Comprehensive Plan, Zoning and Development Regulations. � �� �— DATED this ]4th ciay of September, 2000. �� �--- CITY OF RENTON � � � �By: Je anner, Mayor � , ,�:���;a��c��r,�,��i�iio c.,/,�e��` �� ���i//���� J �\4q� .� �Y✓ �R \ v`�@' � % � _ Attest: '� ����� � Marilyn J. et n, City Clerk ; � � � � ', ���� � wi \ 6� � /��r���//J�'��7'"�S��\\\�Qa\�� ,;,, ��, Approved as to Form: �.;,;»vn;i n�f�iu�,r� Lawrence J. Warren, City Attorney DEVELOPMENT AGREEMENT - Page 5 � � t - � � � A � I ' ' ` • T AND E iNVESTMENT, INC., a Washirigton corporation By: �a-�� �- .� D�lores Petterson Its: 7'��r� s cc�2�-�- AEGIS CAPITAL INTERNATIONAL, a Nevada corporation �- By: «,. ichard ro ' e-P �dent � c� � �. STATE OF WASHINGTUN ) '� )ss � COUNTY OF K1NG ) � �:- THIS IS TO CERTTFY that on the�� day of 2000, before me, I'I a the undersigned, a notary public in and for the State of Was ington, duly commissioned and I � sworn, personaily appeared Jesse Tanner, to me known to be the Mayor of the City of Renton, a municipal corporation that executed the within and foregoing instniment and acknowledged the said instrument to be the free and voluntary act and deed of said City of the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said C:ity. IN WITNESS WHEREOF, I have hereto set my lland and affixed my official seal t�:; day and year first above written. `��..������, �o .=� �,ta �' �O�►�'�, NOT Y PUBLIC in and for the State of Washington . ;�'oi�-��i��'� � `'� Notary: 1� , f.—•1n- �o� � � � � �,�9� '� My appointment expires: � 0 � : a� :�a 4T�4,p . ; �r,' N� � � '% �'E 1, � % ',�`�'r,� '�, �'•��.�7� = 2 � ��w , ��11\�\�\����'`Q .� /,�I �F���3��0� 1���\\\��.���� DEVELOPMENT AGREEMENT - Page 6 , � i ' ' . ,� , i. • , , ' STATE OF WASHITIGTON ) )ss COUNTY OF KING ) I certify that I know or ha��e satisfactory evidence that D�C,ORES PETTERSON is the person who appeared before me and acknowledged tilat she signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as �ie�/�SC!��P of T AND E INVESTMENT, INC., a Washington corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instniment. Dated: �"��'�� ��.������ �aA c�tt-y 1� a� t�ze�,1� �Q��v M• 8Ro 1�� , � Print � �vQ.•�,�gS�OIyF.+:�,��l, (Lc� � �' i 'o NQT�f�y�s=, �� Signature i :c� �.�. �: s � -- � � �I+BL!C � ; Title � ��' � � & . ' � �._l�_ (��{ �h�����.°'0•N��'� � My Appointment Expires ,��'`�����' � � �--- c� STATE OF WASHINGTON ) � c� )ss `1'' COUNTY OF KING ) I certify that I know or have satisfactory evidence that RICHARD GILROY is th� person who ' appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as vice-president of AEGIS � CAPITAL INTERNATIONAL, a Nevada corporation, to be the free and voluntary act of such corporation for the uses and purposes mentioned in the instrument. Dated: �T �/��'2�� � �����yn�e�8oe �� �. $�� ��i /� c� � • �-�1G�r'�K� �,`�'��;.�%°��o����C���,. P mt ,�' , l� L�i1� .�' S���4Td�!!@�.���o��, I �1.. R.p:. .,,.., � a.�. � �. Si re ��-� " - ,/y.,�,� `g � l��-/e�-CiG1'1 c ��` " �tLtC' ,�a� � � �►. fi�2��if �C'� r,� Tit � �•��� ,••'�►�,� � F' i�l�g1�►��,� � �CCl�Zt OZ� �i��i�c��ot��� Appointme t Expires DEVELOPMENT AGREEMENT - Page 7 , . ' • . , ,� �� , � � , • EXAIBIT A LEGAL DESCRIPTION OF THE SUBJECT PROPERTY ALL THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., 1N K1NG COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: I COMN�NCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; THENCE NORTH 89°12' 42" WEST ALONG THE NORTH LINE OF SAID SECTION 16 A DISTANCE OF 315.66 FEET; THENCE SOUTH 1°08'26" WEST ALONG A LINE 30 FEET EASTERLY OF AND PARALLEL WITH THE EAST LINE OF THE STATE OF WASHINGTON TRACT (THE DESCRIl'TION OF WHICH IS RECORDED IN VOLUME 2045 OF DEEDS AT PAGE 487, IN KING COLTNTY, WASHINGTON) A DISTANCE OF 660.30 FEET; � THENCE NORTH 89°12'42" WEST A DISTANCE OF 135.58 FEET; �� THENCE SOUTH 1°08'26" WEST A DISTANCE OF 659.51 FEET, MORE OR LESS, TO • � THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER � OF SECTION 16; `Y' THENCE SOUTH 89°06'38" EAST ALONG SAID SOUTH LINE A DISTANCE OF 452.00 � FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE � r- NORTHWEST QUARTER OF SECTION 16; �, THENCE NORTH 1°Ob'27" EAST A DISTANCE OF 1320.61 FEET, MORE OR LESS, TO p THE POINT OF BEGINNING. � EXCEPT THAT PORTION THEREOF LYING NORTH OF THE SOUTH MARGIN OF 3RD AVENUE NORTH EXTENSION, NOW KNOWN AS NORTHEAST 3RD STREET, AS ESTABLISHED BY DEED RECORDED JUNE 15, 1964 LTNDER RECORDING NO. 5748566. 1 ' � � � . . , � 7� � 1f , � ' , EXHIBIT B Aegis Development Agreement � D ' < � z 5 r�, � ns � � D ¢� < c� � z w NE 4th St. � «� Q �: w �,, � �'. � d 5� � � � NE 3c Q � � � w � 0 � � � �, o � � 0 � � � � 6 0� 1 ,2�� Subject property 1 :'7,200 ti o Economic Development, Neighborhooda & Strategic Planning ♦O♦ Sue Carlson, Admfniatrator 0. 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'�'$�'p�';'�';' � °'"`��` f—' • 4! , \�� � �o�o � _� I. ; »mo e. s�mm r r -� �Xl �. .._ ..._...._ eimo..+e. e. .o�..-.e acce o� _ .L'".\ ' , `�.,», ] �9 b XX' t — , � as� ,A„�� { �BR� 4� a- �n � a ��� __ 'j�_ ��V6 Y ��� E � dAXP xY" i � Aj�a� �dP A full-size copy of this drawing is �i . � on file with the Renton City Clerk ,, i d r•� ,p'"�`•:••`••�-- - SE1F STOFiAGE PRO,ECT AEGIS ,_• ' -- � ); , h�f.rsmro..r _ ^�';�; !l0110M�VE IE 91f1E OO ;( 1� A , _=::' (1 t !BllNl�wAMoOs — �.�.�� � Y' FRALEY/ STRICIQ'R ARCfIIi'CCi'S • l20 LAIQSmE AVH SUfi'E 100 • SPA771-G WASHINd'I'ON 981I2 • (20�3bt-4800•FAX(20�J22-2875 —__ � - June 11,2001 Renton City Council Minutes Page 184 matter of how the mitigation money associated with the agreement will be used to the Transportation Committee. MOVED BY BRIERE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See page 182 for Transportation Committee report regarding usage of mitigation money.) Plannin�&Develoqment 1 Planning&Development Committee Chair Keolker-Wheeler presented a report Committee regarding the Aegis Development Agreement. In the 2000 Comprehensive Plan Planning: Development amendment cycle, a Land Use Map amendment and rezone were approved for Agreement Changes, Aegis one parcel, subject to the conditions of a Development Agreement between the Capital International&T and City,the property owner, and a developer. The Development Agreement E Investment specified allowed uses, self-storage and office, and special development � ��r�,;_;r �.J,�.�;�;�.,;; regulations applicable to development of the site. The Development Agreement also included a conceptual site design. Consistency with this conceptual site design is required for approval of site development proposals. The formal application for development diverged in several ways from the schematic designs included in the Development Agreement. After review of those proposed changes, the Committee found consistency between the current proposal and the Development Agreement approved by the Council. T'herefore, no Council action is necessary to amend the Development Agreement. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMTTTEE REPORT. CARRIED. � E ' Council:Pavilion Building& Councilwoman Keolker-Wheeler requested status reports on the following , Renton Western Wear Alley items: repairs to the pavilion building, and use of the alley by Dally Homes � , " Status Report Request adjacent to Renton Western Wear. 1 ORDINANCES AND The following resolutions were presented for reading and adoption: ' RESOLUTIONS Resolution#3508 A resolution was read authorizing temporary street closures at Houser Way S. Public Works: Eastside and Morris Ave. S.,Houser Way S. and Burnett Ave. S., and Morris Ave. S. at Interceptor Project, Street S. 7th St. for the installation of 72-inch diameter pipe for the King County Closures Eastside Interceptor Restoration project. MOVED BY PERSSON, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARR�D. Resolution#3509 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: SW 7th St& interlocal cooperative agreement with the Washington State Deparhnent of Lind Ave SW Traffic Signal Transportation(WSDOT) for grant funding to install a traffic signal at SW 7th Design&Construction, St. and Lind Ave. SW. MOVED BY PERSSON, SECONDED BY NELSON, WSDOT Grant COLTNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Resolution#3510 A resolution was read authorizing the Mayor and City Clerk to enter into a local Transportation: East Valley Rd agency agreement supplement with the Washington State Department of Rehabilitation,WSDOT Grant Transportation(WSDOT) for additional grant funding for the East Valley Rd. rehabilitation. MOVED BY PERSSON, SECONDED BY KEOLKER- WHEELER, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for second and final reading and adoption: June 4,2001 Renton City Council Minutes Page 172 Council President Clawson advised that if the vacation is approved,there will , be an opportunity for public comment during the site plan process. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Minutes of May 21, Approval of Council minutes of May 21, 2001. Council concur. 2001 Appeal: Service Linen City Clerk reported appeal of Hearing Examiner's decision on the Service Line Expansion, Service Linen expansion site approval(SA-00-131); appeal filed on 5/10/2001 by Jeff Weber, Supply(SA-00-131) Buck&Gordon,LLP,representing Service Linen Supply, Inc.,accompanied by the required fee. Refer to Plannin�&Development Committee. Plat: Stone Castle,Monterey Development Services Division recommended approval,with conditions, of the Ave NE(FP-01-049) Stone Castle final plat; 28 single-family lots on 4.35 acres located in the vicinity of Monterey Ave.NE,NE 23rd St. and Kennewick Pl.NE(FP-01-049). Council concur. (See page 173 for resolution.) � Planning: Development � Economic Development,Neighborhoods and Strategic Planning Department Agreement Changes,Aegis � recommended acceptance of proposed changes to the Development Agreement Capital International&T and ;with T and E Investment,Inc. and Aegis Capital International, approved by E Investment 'Council on 8/7/2001,which limited use of the site located south of NE 3rd St., h` �G�i v� ���� i�� between Edmonds and Monroe Avenues NE to Office and Self-Storage, and I . ;imposed specific development standards. Refer to Planning&Development �Committee. ' , � li . . Community Event: Renton Executive Deparhnent requested waiver of permit fees for 2001 Renton River River Days Fee Waivers& Days activities endorsed by Renton River Days Board of Directors. Staff u Banner Installations additionally sought authorization to install River Days banners on City light° � poles from June 25 through August 17. Council concur. Streets: Rename Portion of N Executive Deparhnent recommended renaming a portion of N.Riverside Dr. � Riverside Dr to Nishiwaki from the intersection of N. 6th St. and Logan Ave.N. continuing north along Lane the Cedar River Trail to the mouth of the river to Nishiwaki Lane,in honor of the Sister City relationship between Renton and Nishiwaki,Japan. Council concur. Human Services: 2002 CDBG Human Services Division recommended approval of an agreement with King Funds,King County County accepting an estimated$390,647 in Community Development Block Grant(CDBG) funds for 2002. Council concur. Acquisition: Right-of-Way, Technical Services Division recommended approval of the appraisal and the NE Sunset Blvd&Anacortes setting of compensation at$21,593 for the acquisition of right-of-way as part of Ave NE Intersection the NE Sunset Blvd. (SR-900) and Anacortes Ave.NE intersection Improvement Project improvement project. Council concur. Transportation: Maple Valley Transportation Systems Division recommended approval of a contract with Hwy(SR-169)HOV/Queue Perteet Engineering, Inc. in the amount of$600,318 for the design of the Maple Jump Project, Perteet Valley Highway(SR-169),HOV/Queue Jump Project. Council concur. Engineering, CAG-O 1-071 Transportation: SW 7th St& Transportation Systems Division recommended approval of an agreement with Lind Ave SW Traffic Signal WSDOT to receive grant funding in the amount of$270,000 for the design and Design&Construction, construction of a traffic signal at SW 7th St. and Lind Ave. SW. Refer to WSDOT Grant Transportation Committee. OR X cm 0 Z 19 d WOW o . . REGRADE 5LOE AT 2H TO IV, APPRO>C IMATE L` &0' OF 5L OPE PLUS 5' f5ENCH 20' REQU I BUILD SET5 REQUIRED 5UILDING 5ETE3ACK 0' REQUIRED 5U ILD INCi 5ET5C< PROP05E D 5' 5UILDING SET54C,< REGRADE A5 NECE55AR-r' TOTAL STORAGE AREA PHASE ONE: 9&,535 5F PHASE ONE 4 TWO: 110/000 5F 0 30, ro0' 120' jk REGRADE SLOPE AT 2H TO M APPROX 1MATE L r (oO' OF SLOPE PLUS 5' 5ENCH 20' REQUIRED 5UILDING SET5ACK 30' WIDE PROPOSED LANDSCAPE BUFFER 612 2 STORY OFFICE BUIL61NCs 157 FLOOR _.-rt;gE>O 6F 2ND FLOOR �o,(I5 TOTAL (Ofa e;F 135.5$' 6 20' REQUIRED 5UILDING 5ET5ACK .................. ...... 4. t '� w ..Y BUILDING IST FLOOR 23656 SF 2ND FLOOR 23086 TOTAL 41312 SF Ir24'-0' r03 PARKING 5TALL5 PROVIDED FOR OFFICE U5E, 4.5 PER 1000 5F w' . i ................,,._......'.. I I f _.__a.. OFFICE 15U I LD INC co , . STALL5 PROVIDED F0 STORAGE U&E 'IL'^ U I L Vl • I .i T.f�N Q 5TORAGE 4 L 5 i 1. _ J TA L, � ca IAI 1 j!" " I �APPRDXIMAR35 00 55p II I ACpITI,gN�4L srQREi .AR 2B' / 452.me` REQUIRED BUILDING SETBACK ITY ,"2 0' RE QU I RE D 5UILDING 5ET5C< PROP05ED 5' 5UILDING 5E T5AC< REGRADE A5 NECE55AR i TOTAL STORAGE AREA P'I4,45E ONE: 104,'=j'22 51= PHASE ONE 4 TUJO: 140,000 5F cz1v n w wIr- W Z(nQ�mO, < z r � �o aa�..�Nw� }o��� fL r N = w J-iWWI.J t-�tr��`" CL W < LL. ILAJ¢¢�w4Uwa.$?�O�(nOJ� oa_ OGWZp00((f)LLJ 0 M =tnIQcw-zt iZZNvW " wLAJ R D W U r Z(Y QW0Nw0U O o i F-- � Cy0 Z 0 u W Q za W � 4 � N 4ft 1 �•, W J �0 lu Z ,d W 0 0 s W don0 W i LL U W L� v m iF'RQJ. # PROJ 1°'fC�R. 2022 RAT" site plan options a OF 5HEET5 • s � F .,. t. e� i� •t C 1 '. �t ,� '�.L BU I L D f NCS A 555a 5F f A5PHALT PAVINrz L _1 Ft Q ZknLLzu. cc) �,u � s� z (J) Q Q � � m� :3 ca (� BUILDING IST FLOOR 23656 SF 2ND FLOOR 23086 TOTAL 41312 SF Ir24'-0' r03 PARKING 5TALL5 PROVIDED FOR OFFICE U5E, 4.5 PER 1000 5F w' . i ................,,._......'.. I I f _.__a.. OFFICE 15U I LD INC co , . STALL5 PROVIDED F0 STORAGE U&E 'IL'^ U I L Vl • I .i T.f�N Q 5TORAGE 4 L 5 i 1. _ J TA L, � ca IAI 1 j!" " I �APPRDXIMAR35 00 55p II I ACpITI,gN�4L srQREi .AR 2B' / 452.me` REQUIRED BUILDING SETBACK ITY ,"2 0' RE QU I RE D 5UILDING 5ET5C< PROP05ED 5' 5UILDING 5E T5AC< REGRADE A5 NECE55AR i TOTAL STORAGE AREA P'I4,45E ONE: 104,'=j'22 51= PHASE ONE 4 TUJO: 140,000 5F cz1v n w wIr- W Z(nQ�mO, < z r � �o aa�..�Nw� }o��� fL r N = w J-iWWI.J t-�tr��`" CL W < LL. ILAJ¢¢�w4Uwa.$?�O�(nOJ� oa_ OGWZp00((f)LLJ 0 M =tnIQcw-zt iZZNvW " wLAJ R D W U r Z(Y QW0Nw0U O o i F-- � Cy0 Z 0 u W Q za W � 4 � N 4ft 1 �•, W J �0 lu Z ,d W 0 0 s W don0 W i LL U W L� v m iF'RQJ. # PROJ 1°'fC�R. 2022 RAT" site plan options a OF 5HEET5