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HomeMy WebLinkAboutLUA98-005 _— I •.I le I lltl I_ a- .. IJI I _ I V 'I I /.J/ / �' • .�/., -- �� ----- • S.W. 38TH ST. I / / /r' Cr 1 m w / "° 5 /, c. J O � . • IZ D W , . '" 0j: 3 ac — O J r . \o J Z 7 r 0 _t I 7 y g W r'°° r r 8 L. g Y ! e a ----1---;''O / ><r :',,,,,,.,..7.w.l. .5-4. 39TH ST. ;s S-W! ,iii iARx I //� QI: : j r � o 693Ac 3608 -0�-- �w _ ue r Z =iR r.[n r.z4 I ..,..ot.� S b rj Ts 3 1i 1 S.P.i-,r.%SS .•.w w +-++-r.e/.v 2� ". A 6 " .-. N1�.c,.�t _ T R .- -. aa� W i r _.—.—•—•--.xwt—-----• b `—z:. .�._ n .7lwrii,�_._ ~- - -' JaII At- - II rr.--'.'-'''' S P 346-79 ,I I ---.� �_n l I Z518 Ac (2) - ® -- -_ -- s I m J II Z S7E uC�L D CO I t ° `t'I t'"`S - r- f 1 nfEpN STER •NCO LAND CO. �� I 3 S.W.'' 4IST '/- ' ST. r} Ci znn 1 945Ac 'I (()-_ ill ib ___,__,I , - TL N ,`; I( g ,c ==x to s<Ac 1 1 8 y TL.3I Ix I. a U GLACIER PARK CO __• ~'/ - I K� 0...t (/ I GEORGE JOAIENTZ , (� II 6.OAAc ✓fir ` W Y l� I t ` 32 i! 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TRACT D ya >�r �.�eJ F/N6_BFO ' I/Ira O \ ,✓"'s I M • cn _k__ P"„4, € �I J Sje i�1 PO se _ ' ''',Is 2.'.\\ .I SP T6- I , m ''' •.. .,tea. ,-fx .- "'y �.�,p�..r n• so .,�•� a 12 -- NEIGHBORHOOD DETAIL MAP I I H �� 04. <r Sr tC ( (I) Oaksdale Business Campus - Rezone El e "I �/ p .- A for Zelman Renton LLC January 14, 1998 'c o a I TRA ti C p R a P. x cD u �' j (J \ I \ I _- II 'w\I`V,�/]� — —�r�>- _ --_ ,,r— — — ---,—-,.--1— !__(" j_/._ / /7 ' \ f• 6_ 3_ \ e, __._�� wn-v-wlr..us�- L_ i i`ww -<sa s s ,1 ,�: __ _ N __ SCALE 1"• 100' L.G• ,t we%3/oe• se/sr o� �°u Rir I s -0 5o //5133 •2A, - /OOZ.L3 /00Z.63r t 0,11'' FSr 90 ioo, - r so 6Z9..1_ I I ASSESSORS MAP 1 5,• Oaksdale Business Campus Rezone I10 for Zelman Renton LLC January 14,1998 I 4f,e iN a, I4.. L 1 oi I 1 , :Iw I` ai> n we <J,W i1/3, e I . V \t. II. •1. II-os r" as P4q Aci r se,. c -' .. 10 a,1 G-r' �a j A �t A ,•�I - • ‘1 P. 11 \ 4x Z /m"� I. 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NEIGHBORHOOD DETAIL Oaksdale Business Campus �S -oos ,R,ECe Zv.� Sit of' 161s ** * * Prospecting Lis "* OLD REPUBLIC p g * TITLE AND ESCROW BARBER ASSOCIATES CASCADE FEDERAL CREDIT CITY OF KENT 7979 S 180th St UNION 220 4th Ave S Kent,WA 98032-1051 4035 23rd Ave W Kent,WA 98032-5838 Seattle,WA 98199-1208 CITY OF KENT CITY OF RENTON DRAINAGE DIST 1 220 4th Ave S 200 Mill Ave S PO Box 297 Kent, WA 98032-5838 Renton,WA 98055-2132 Kent,WA 98035-0297 MANNESMANN TALLY CORP MANNESMANN TALLY CORP RENTON BUILDING 1-7 8301 S 180th St 8301 S 180th St PO Box 565048 Kent,WA 98032-1000 Kent,WA 98032-1000 Dallas,TX 75356-5048 RENTON BUILDING 1-7 RENTON BUILDING 1-7 RENTON BUILDING 1-7 PO Box 565048 PO Box 565048 PO Box 565048 Dallas,TX 75356-5048 Dallas,TX 75356-5048 Dallas,TX 75356-5048 SEATTLE FIRST NATIONAL Bruce W & Nancy J Solly STERNCO INDUSTRIAL PROP BANK 8009 S 180th St#104 8512 172nd Ave NE 1301 5th Ave#3636 Kent,WA 98032-1042 Redmond,WA 98052-3216 Seattle,WA 98101-2637 STERNCO LAND CO STERNCO LAND CO STERNCO LAND CO 8512 172nd Ave NE 8512 172nd Ave NE 8512 172nd Ave NE Redmond, WA 98052-3216 Redmond,WA 98052-3216 Redmond,WA 98052-3216 STERNCO RENTON CENTER WACKER ASSOC 3c t'ti Cu rrpbe 8512 172nd Ave NE 415 Baker Blvd #200 !So 8 S•uu• 4 3 rd. St. Redmond, WA 98052-3216 Tukwila,WA 98188-2906 Rvrcro n. t /A. Stern co Laud Co S h. !� 1 lA/.4. 5eUok) w CITY OF RENTON, WASHINGTON ORDINANCE NO. 4728 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM I-M (MEDIUM INDUSTRIAL) TO CA (ARTERIAL COMMERCIAL) (OAKESDALE CAMPUS REZONE/ZELMAN RENTON L.L.C.; FILE NO. LUA-98-005, R). WHEREAS, under Chapter 7, Title IV (Building Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as I- M (Medium Industrial); and WHEREAS, a proper petition for change of zone classification of said property has been filed with the Development Planning Department on or about January 16, 1998, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about March 10, 1998, and said matter having been duly considered by the Hearing Examiner, and said zoning request having been recommended, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby rezoned to CA (Arterial Commercial) as hereinbelow specified, subject to the findings, conclusions, and decision of the Hearing Examiner dated March 26, 1998; the Development Services Director is hereby authorized 1 ORDINANCE NO. 4 7 2 8 ii and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to- wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property, approximately 14.0 acres, is located at the northwest corner of S.W. 43rd Street and Oakesdale Avenue S.W., south of Springbrook Creek) SECTION H. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 2 2ndday of June , 1998. ,Th Marilyn J. Pe sen, City Clerk APPROVED BY THE MAYOR this 22ndday of June , 1998. Jes Tanner, Mayor Ap ved as to form: oze, Lawrence J. War , City Attorney Date of Publication: June 2 6, 19 9 8 ORD.726:6/09/98:as. 2 II ,• Tom -- '-------.. 11 3------ a•�-Z Q Olscs•-wsS__ mill J sh x•a I k{I �w,a + Q I z . 7 •/'�e I S.W. 38TH ST. s �• ,. I' o 9 ,fflE o _ .o Cr.41 r (.9 In W • R 7 1 1 Z D V.: . us f••• ,o. vs.0 . ./ 3 • I i n _____,---, .p / f •' S.W. ' 39TH ST. !a S.V LEY I - Yf7 r� �;—_— vi i m / a 2 7 ARK I r t= SX uc • .I. I \ r • f.• .A .�:.....,-_-. v r 6 ,e_ -._._._-_:HY„rrw.t:n Ii a r:_- -.—._. ' '�_ :.—.—._._'= —+ � ��!. . .: .�. _ .r•a.;, o •15...� tf Z_`-- = tsi,�gc�ar_> '_ >, [!le+ s► s•e•711 •- ( .�m O Q lzl ® ; I , %J • j fr,r"f I SI ERNCO LAND Co. ..L S.1'1!„ 41$T ,• ST. /. , 3 •� II ^f lsr s. • I OII At l ] .. 0 CC ' I(� �•••'• I1$ GLACIER PARK CO 11 • ; I j' El f ,; LLOR4C JOAiENIL W.. 4l� ! IN ems_ o l Ivo M wC1-* 1 I �_ MP. 'y� y `\� cos c FSON I Z I• -+ ' 1 r,v I S6tA1• `� . 1 R 1 up 1W . -'. 1 f nA, L �a� 1 QT, I 6 a a 1 .1 : ir'n 11 S.W. 43RD t ST.. R KLQN pQRAT LIMN 4 I-43RD i •I`SI• , - ,r_.- 'ONC-1itr nn Od�Oc0G70000cco.G�oo0....75)C7o.0000r7r' 0•�ur-Juo000Go^0Q n aD ! - 1'MIT. ,•'•+'-' r.'- l -rr- + -o. n KENi '•+' C PORATE "f' LIMIT re � o N �RILLIA KE" I� / lr�j<• J. C 51NE75 PA . r, :[ a 'O 1Ji 5 F Jt 1 N•: II n O H • H I _ - '-- / 1' i iii K 1 o , J(� �URL NGT N'� ORe�HERN (`IO�PAC R r .--,, ARCNER BLOWER " z Q I -- 1 t PIPE CO INC •�I 1 a '",•a zz • Er I IN STR-I-+4 D TR I CT h_0. I D I V..2 y 1„ `f,.•' 5 /d/.ST:.r.Sr a l -%.tJ 1 N I k+ Ii. _ rr ' L2'.I E 111 2 �3 4 5 <� 6 g 7 i 8 i9 r 0 1E1 III /•,11 ^,1I ARCHER MOWN t I '� 1 ,4 z i • • • • �!y PIPE CO INC •'•" • y- ..-•ram ald I 1 z• - TR.' TRACT D �•r• t /1., O I12 = VS ...--"T:s\-\ . aA St 0!N i• 11CZN -----4' s I 76 . 03 -." NEIGHBORHOOD DETAIL MAP • „� sr Q :1 •I. °' > Oaksdale Busess Campu4s19Rezone 3 •I .� Y r for Zelman Renton LLCJanuary ,(� p a • f0.A LEGAL DESCRIPTION That portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in the City of Renton, King County, Washington, lying South of the Southerly right-of-way margin of Spring Brook Creek (Springbrook Slough Drainage Ditch No. 1) per King County Drainage District No. 1, and lying North of the Northerly right-of-way margin of S.W. 43rd Street, Project Name: April 24, 1998 Revised June 3, 1998 5911L.007 DJS/jss AFFIDAVIT OF PUBLICATION CITY OF RENTON NOTICE OF ORDINANCES ADOPTED BY RENTON CITY COUNCIL Kristina J. Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of Following are summaries of ordinances the adopted by the Renton City Council on June 22, 1998 ORDINANCE NO.4728 SOUTH COUNTY JOURNAL Wash Washington, changingAn ordinance of City Renton, 9 zoning 600 S. Washington Avenue, Kent, Washington 98032 on 10 acrOakes locatede Campus, rth est imately14 acres at the northwest corner of SW 43rd Street and Oakesdale a dailynewspaper seven (7) times a week. Said newspaper is a le al AvenuemI- (Medium south df Spial)to CAok Creek, publishedg from I-M Industrial)to CA(Arteri- newspaper of general publication and is now and has been for more than six months prior to the date of publication, referred to, printed and published in the English language al Commercial); Oakesdale Campus R- continuallyas a dailynewspaper in Kent, KingCounty, Washington. The South CountyRezone/Zelman Renton L.L.C. (File No.Y 9 98-005). Journal has been approved as a legal newspaper by order of the Superior Court of the Effective: July 1, 1998 • ton for KingCounty. ORDINANCE NO.4729 • State of Washington An ordinance of the City of Renton, The notice in the exact form attached, was published in the South County Washington, amending Chapter 12, Drug Journal (and not in supplemental form) which was regularly distributed to the subscribers Paraphernalia, Sales or Use, of Title VI (Police Regulations) of City Code by during the below stated period. The annexed notice, a adding a new section entitled "Drug Paraphernalia Infraction." Ordinance#4728 &#4729 Effective: July 25,1998Complete texts of these ordinances are posted at the Renton Municipal Building, as published on: 6/26/98 200 Mill Avenue South; and the Renton Public Library, 100 Mill Avenue South. Upon request to the City Clerk's office The full amount of the fee charged for said foregoing publication is the sum of$48.08 (235-2501)copies will also be mailed for a Legal Number 4830 fee.Marilyn J.Petersen City Clerk Published in the South County Journal M/bfiVA June 26, 1998.4830 eg erk, SoutH County Journal Subscribed and sworn before me on this•Z ay of , 19c-e . • .F . �°'��SSIONA4q % Notary Public of the State of Washington @;'ten �ppY �' y= residing in Renton _o_ • = King County, Washington 2 0,1 r)F RENTON City Clerk J Isse Danner,Mayor Marilyn J.Petersen June 24, 1998 Mr. Paul Casey The Zelman Companies 707 Wilshire Boulevard, #3036 Los Angeles, CA 90017 Subject: Oakesdale Campus Rezone File No. R-98-005 Dear Mr. Casey: Enclosed is a copy of Ordinance No. 4728, adopted by the Renton City Council on June 22, 1998,which finalizes the rezone of the subject matter. If additional assistance or information is required,please do not hesitate to call. Sincerely, - Marilyn J. e r en, CMC City Clerk Enc. • 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2501 /FAX(425)235-2513 ®This paper contains 50%recycled material,20%post consumer • CITY OF RENTON, WASHINGTON ORDINANCE NO. 4728 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM I-M (MEDIUM INDUSTRIAL) TO CA (ARTERIAL COMMERCIAL) (OAKESDALE CAMPUS REZONE/ZELMAN RENTON L.L.C.; FILE NO. LUA-98-005, R). WHEREAS, under Chapter 7, Title IV (Building Regulations), of Ordinance No. 4260 known as the "Code of General Ordinances of the City of Renton," as amended, and maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as I- M (Medium Industrial); and WHEREAS, a proper petition for change of zone classification of said property has been filed with the Development Planning Department on or about January 16, 1998, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about March 10, 1998, and said matter having been duly considered by the Hearing Examiner, and said zoning request having been recommended, and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described property in the City of Renton is hereby rezoned to CA (Arterial Commercial) as hereinbelow specified, subject to the findings, conclusions, and decision of the Hearing Examiner dated March 26, 1998; the Development Services Director is hereby authorized 1 Mil /311 U ORDINANCE NO, 4 7 2 8 i and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to- wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property, approximately 14.0 acres, is located at the northwest corner of S.W. 43rd Street and Oakesdale Avenue S.W., south of Springbrook Creek) SECTION II. This ordinance shall be effective upon its passage, approval, and five (5) days after publication. PASSED BY THE CITY COUNCIL this 2 2ndday of June , 1998. • Marilyn J. Pe sen, City Clerk APPROVED BY THE MAYOR this 22ndday of June , 1998. c7044%.-1,4.."--/ Jes Tanner, Mayor Ap vi as to form: o Lawrence J. War , City Attorney Date of Publication: June 2 6 , 19 9 8 ORD.726:6/09/98:as. 2 IF 11I 1.I ' yj1• - -----_—1 ■• --- 7• I __ Q ZaYL—»t1f _ r a 1{�ih I I 1 I 'S/I Q , • r' 111 S.W. 38TH ST. sCC 5 / 1I I 9 II AK I � 'll Y V .71.. I I 0 I Z '' r s : Q y g 39TH ST. s� S L I s4 - 1 /' �• / ARK I • r • so =x• a __p•=0_ •1.----1_,.....144_ ell 4 : rr 4 Is N. I r r....>•' .� �-�-"."` .� «..;- '° rl• : ` a. --rT. .itY�r+a,.aa.uv�.. a ,.�-- _. . . . ._. _= :.=._._._—_.—..�,. .—._„n,.---._ �.=. .IS.. :••t:�. � o fin. •;t6"N -4-Y.t. 5 P 3•4•72 ! =din Mr" • S/t 4C~I ♦0 Co I ' '___ �.'I•mo, _ • I .1 +'•.1 ji• -.„....r I NCO uno co.• ~ a S.W. 4f ST " NS' ST, r. • 3 - '`r 5 ti }3 • ),S�a Taj 11 �I 0 211 : : 1 (Iil,1, •..... CA PARK CO I 'Il ` u • ClOR4E JOa1CNT2 W Y Z II M : _ V Illoo M. `j • W :FSON ISI .. �` spli 1\ O C J ..1.. - C ors°i. . • ' i suw ■ ' ��IM „n ; I _ba; a.N L -, �„ a t'; A t N! 43R0t ST q KLQN eoR r Rt•ul r -43RD-� .! 'ST. r'— I r- —— o of r1N .. . n a r. ♦av t• .r w• RR od000er:�000 occo.a=•0000000,00 o,7cr�ao ur•.�uoo. -., arm o a•'? M 17. i•• rr^ , �-- - "- • -v.-- '�.r - xENi C PORa7E LIMIT _. _ - KEN '• C•.P 1• rr 1, _-_---_-- --- € t? ., t3RILLIA ; I� E, - p /t I N D R O O}� t u• r •o rZ5 YY c >< "' •o BURL NGTON"1 Of(13HERN NOaPAC I 't > - -- ARCH(It RaOw CR .. z J ' " .f PIP) CO •R` • "'7a i z 2 I I-NDUST•R-1-ALL D I TR I,CT NO. I D I V.I2 # _ �, lR •� S S le/sr.:-sr a I -W T i N I K 1 w .. -.^ • ��`�. I I :X'J 0 1 II 2 ^3 4 5 6 r 7 .i 8 e9 1T, III r•,P . ARCNER StOrltR t I -a. — — - 3 a Z 1 r,.. __r. n.r rlrt co lNt I O1 1 .°. £.d ' �` ,. SW rr I T 2 TR.i TRACT O /'°,� , r. T? I � 1a p I • : � yt S►�nr 12 '" NEIGHBORHOOD DETAIL MAP •t I � k• 7 , "`" _ > : ' • ,,, 6 Oaksdale Business Campus - Rezone (SST ''1_ ' I ;t A for Zelman Renton LLC January 14, 1998 7111 LEGAL DESCRIPTION That portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in the City of Renton, King County, Washington, lying South of the Southerly right-of-way margin of Spring Brook Creek (Springbrook Slough Drainage Ditch No. 1) per King County Drainage District No. 1, and lying North of the Northerly right-of-way margin of S.W. 43rd Street, Project Name: April24, 1998 Revised June 3, 1998 5911L.007 DJS/jss June 22, 1998 )Renton City Council Minutes • Page 223 amount of $3,234,444.39; approval of Payroll Vouchers #160340 - 160615; and 500 direct deposits in the total amount of $1,269,862.52. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3333 A resolution was read updating the City's Six-Year Transportation Transportation: Six-Year Improvement Program (TIP), 1999-2004. MOVED BY EDWARDS, TIP, 1999-2004 SECONDED BY PARKER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 7/06/98 for second and final reading: Budget: 1998 Amendments An ordinance was read providing for 1998 Budget adjustments in the amount for Transportation of $4,008,970 ($3,758,970 in Transportation Capital Funds and $250,000 in Projects (Six-Year TIP) General Funds) for transportation improvement projects. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 7/06/98. CARRIED. The following ordinances were presented for second and final reading: Ordinance #4728 An ordinance was read changing the zoning classification of approximately 14 Rezone: Oakesdale acres located at the northwest corner of SW 43rd St. and Oakesdale Ave. SW, Campus, SW south of Springbrook Creek, from Medium Industrial (IM) to Commercial 43rd/Oakesdale Ave SW, Arterial (CA) (Oakesdale Campus, R-98-005). MOVED BY EDWARDS, R-98-005 SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Ordinance #4729 An ordinance was read amending Chapter 12, Drug Paraphernalia, Sales or Legal: Drug Paraphernalia Use, of Title VI (Police Regulations) of City Code by adding a new section Sales & Distribution entitled "Drug Paraphernalia Infraction." MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. Councilman Parker suggested that the Administration alert businesses who sell drug paraphernalia items that this ordinance will soon take effect. Police Chief Garry Anderson agreed that the department will do its best to spread the word. ADJOURNMENT MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL ADJOURN. CARRIED. Time: 9:30 p.m. ))14.1;, / MARILYN/J. ERSEN, CMC, City Clerk Recorder: Brenda Fritsvold 6/22/98 June 15. 1998 Renton City Council Minutes Page 212 include interested business owners and others, to help resolve the various issues associated with this type of advertising. Councilman Schlitzer suggested that the City make one of its video cameras available to this committee for the purpose of documenting the existence of signs other than A-frames, the legality of which are questionable. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3331 A resolution was read approving the Scott Glen final plat; 12 single family lots Plat: Scott Glen, Final, on 1.97 acres in the vicinity of Hoquiam Ave. NE and NE 9th Street. Hoquaim Ave NE/NE 9th MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE St (FP-98-071) RESOLUTION AS PRESENTED. CARRIED. Resolution #3332 A resolution was read authorizing the Mayor and City Clerk to enter into an Transportation: Main Ave agreement with the Transportation Improvement Board for urban arterial trust S Improvements, TIB account funds for the Main Ave. S. project. MOVED BY KEOLKER- Grant, CAG-98- WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinances were presented for first reading and referred to the Council meeting of 6/22/98 for second and final reading: Rezone: Oakesdale An ordinance was read changing the zoning classification of approximately 14 Campus, SW acres located at the northwest corner of SW 43rd St. and Oakesdale Ave. SW, 43rd/Oakesdale Ave SW, south of Springbrook Creek, from Medium Industrial (IM) to Commercial R-98-005 Arterial (CA) (Oakesdale Campus, R-98-005). MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/22/98. CARRIED. Legal: Drug Paraphernalia An ordinance was read amending Chapter 12, Drug Paraphernalia, Sales or Sales & Distribution Use, of Title VI (Police Regulations) of City Code by adding a new section entitled "Drug Paraphernalia Infraction." MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 6/22/98. CARRIED. Ordinance #4727 An ordinance was read providing for 1998 Budget amendments in the amount EDNSP: Pavilion Building of $200,000 for capital improvement projects (expenditures related to the Improvements downtown park area known as the Piazza). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. MOTION CARRIED. ADJOURNMENT MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL ADJOURN. CARRIED. Time: 8:45 p.m. MARILYN J P RSEN, CMC, City Clerk Recorder: Brenda Fritsvold 6/15/98 1 Paae 210 June 15 1998 1...,aton Cit Council Minutes Councilman Cotmthe an replied High ands that perhaps in the interested ne t year or two.expan ding RUSH shuttle service o CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Appointment: Municipal Mayor Jesse Tanner appointed the following individuals to the Municipal Arts Arts Commission Commission to positions that are currently vacant Nancy Hobe n Cunio, 337 128th Ave. SE, Renton, 98058, term to expire 12/31/2000; EileStevens Ave. NW, Renton, 98055, and Rebecca Lloyd, 331 Smithers Ave. S., Re ton, , terms expire 1a Hagen, 14230 - 47th Pl. SE, Renton, 9059, termto expre12/31/1998. RefertoCommuty Services Committee. CAG: 98-073, Sale of City Clerk reported bid opening on 6/05/98 for CAG-98-073, Sale of Gravel Gravel from the Cedar from the CedarR'and ersubmitt d staff recommendation to award the contract ction 205 FF Control lood River Flood Control estimate $621,0O , Project, City Transfer to the high bidder, City Transfer, in the total amount of $718,117.50 (funds to be paid to the City for the material). Council concur. Parks: Recreation Director Community Services Department recommendedirector, the he apposintep Bnt of h Sylvia start Appointment Allen to the position of Recreation date of 7/12/1998. Council concur. Plat: Scott Glen, Final, Development Services Division recommended approval of the Scott Glen final St (FP-9 Ave NE/NE 9th plat NE and 12 e family lots on 1.97 acres located in NE 9th Street (FP 98-071). Council the vicinity concur. (Seef Hoquiam page 212 for St (FP-98-071) Ave.A resolution.) trat g Zoning: CD Zone Changes Economic Development,amendment Cen�erdDownandsownegic(CD)izonento Departmentaddres s re: Ground Floor, proposed to Streetfront Uses Comprehensive Plan policy language which states that the primary pedestrian area of the downtown should have ground-floor, streetfront uses that cater to walk-in customer traffic. Refer to Planning & Development Committee. Executive: 1% for Arts Executive Department submitted lde sgn pconstructionroposed contract and installation of artworkO 00 Contract w/T. Ellen Sollod with T. Ellen Sollod (Downtown Project) of Logan commissioned as a "1%S. 3rd Street,as recommended by ject for downtown Renton MunicipalA is vicinity of.Logan Ave. S. a Commission. Refer to Community Services Committee. Rezone: Oakesdale Hearing Examiner recommended rezoning the Oakesdale Campus site acres Campus, SW on the northwest corner of SW 43rd St. and Oakesdale Ave.R-9 SW) from Mil edium 43rd/Oakesdale Ave SW, Industrial (IM) to Commercial Arterial (CA), FileR-98-005 concur. (See page 212 for ordinance.) Legal: State Law Crimes Legal Department recommended approval of an ordinance adopting, by (Adoption by Reference) reference, the State law crimes of: dangerous weapons; possession of pistol by persons from 18 to 21 years of age; dangerous exhibitions; and weapons prohibited in certain places (court, jail, etc.). Refer to Public Safety Committee. 20 from Solid Waste: 1998 Business Solid Waste Utility Division recommendoedaccept tingie 31,6 a Special King Program Recycling/Special County for 1998 Business Recycling g a Recycling Events, King Recycling Event. Refer to Utilities Committee. County Funding, CAG- 98- CITY OF RENTON COUNCIL AGENDA BILL AI #: 0 SUBMITTING DATA: FOR AGENDA OF: Dept/Div/Board.. HEARING EXAMINER Staff Contact... Fred J. Kaufman, ext. 2593 AGENDA STATUS: Consent XX SUBJECT: Oaksdale Campus Rezone from Medium Industrial(IM)to Public Hearing.. Commercial Arterial(CA)Zone Correspondence.. NW corner of SW 43rd Street and Oakesdale Avenue SW Ordinance XX File No.LUA-98-005,R Resolution Old Business.... EXHIBITS: 1. Hearing Examiner's Report&Recommendation New Business.... 2. Ordinance Study Session... Other • RECOMMENDED ACTION: Approve Hearing Examiner's Recommendation I APPROVALS: and adopt ordinance. I Legal Dept Finance Dept.... 1 Other FISCAL IMPACT: N/A Expenditure Required... Transfer/Amendment.. Amount Budgeted Revenue Generated... SUMMARY OF ACTION: The recommendation of the Hearing Examiner for approval of the referenced rezone was published March 26, 1998. No requests for reconsideration or appeals were received during the appeal period which ended April 9, 1998. Neither the Environmental Review Committee (ERC) nor Hearing Examiner imposed conditions on this rezone. The Examiner recommends that City Council approve reclassification of the subject property from IM to CA. STAFF RECOMMENDATION: Approve. March 26, 1998 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R LOCATION: NW corner of SW 43rd Street and Oakesdale Avenue SW SUMMARY OF REQUEST: To rezone 14 acres from Medium Industrial to Arterial Commercial. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 3, 1998. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 10, 1998 hearing. The legal record is recorded on tape. The hearing opened on Tuesday, March 10, 1998,at 9:03 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Neighborhood map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No.3: Assessor's map The hearing opened with a presentation of the staff report by PETER ROSEN,Project Manager,Development Services, City of Renton,200 Mill Avenue South,Renton, Washington 98055. The applicant requests rezone of the subject site which is approximately 14 acres from Medium Industrial(IM)to Commercial-Arterial(CA). The remaining portion of the 43.4 acre site would remain zoned IM. The site is located south of Springbrook Creek at the intersection of Oakesdale and SW 43rd Street in the southwest corner of the City. This is considered a non-project rezone;there is no specific development proposed with this application. The rezone would allow for a different range of land uses to be developed on the subject property. The existing IM zoning allows primarily manufacturing, processing,assembling and warehouse uses. The commercial and office uses are limited under the IM zone. The proposed rezone to CA would allow for a wider range of commercial retail i !r Zelman Renton, L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 2 service uses and limited industrial uses that could be developed on the site. There is one parcel in the middle of the proposed rezone that is not owned by the applicant. It is included in the parcel for CA zoning. There is an existing single family residence on this site. The site is within the Employment Area-Valley(EAV)Comprehensive Plan(CP)designation which was adopted by the City Council in August 1996 and it replaced the Employment Area-Industrial designation. The EAV designation was specifically adopted with the intent of expanding the employment-based uses that could develop within the Valley. The subject proposal does not require a CP amendment and can go forward as a site specific rezone. The subject proposal went to the Environmental Review Committee(ERC)and received a Determination of Non-Significance(DNS)with no mitigation measures imposed. The last area land use analysis and rezoning was done as part of a City-wide rezone and interim zoning ordinance in June of 1993. At that time the subject site designation was changed from Manufacturing Park (MP)to Medium Industrial. There are a number of policies which support the subject rezone application. Policy LU-212.14 states that favorable consideration should be given to rezones to CA only when the proposed commercial use has access to SW 43rd Street. SW 43rd Street borders the subject site on the south and links Tukwila, and would provide a natural extension to the existing commercial development and would transition to the industrial area of south Renton. Commercial development is considered preferable on this site because it is a gateway into the City. Increased traffic volume was considered in the environmental analysis of this proposal and generally that was considered on a larger scale when the EAV designation was adopted by the City Council. There were traffic models that were run for considering commercial development which is a larger generator of traffic. That was considered on a larger scale,not on a site specific basis. The increase would largely be with the peak hour trips associated with commercial development. SW 43rd Street is a major arterial and Oakesdale is slated to be a major north-south connection through the Valley. There are other EAV policies for consideration of rezones which address compatibility with surrounding uses. The fact that Springbrook Creek borders this rezoned portion of the site to the north would provide some separation from the industrial development that would occur on the north portion of the property. To the south along 43rd is a commercial business use and to the east there are Boeing warehouses. Another one of the policies is to improve the efficiency in the use of land for sharing of on-site facilities such as parking, open spaces and services. The 14 acres is large enough to foster shared parking and a more intensive use of the site which is consistent with the policies. Also the policies direct that commercial rezones should achieve a balance of land uses to improve the City's economic base. This rezone to commercial would improve the City's economic base and provide a balance in land uses. The proposal to rezone the subject parcel is indicative of recent changes in land use patterns and development proposals in the Valley from predominantly industrial warehouse uses to more commercial type of uses. Currently IKEA is located east of the site on SW 43rd Street and other commercial projects have gone into the Valley such as a movie theater, hotels and other commercial uses. When the City Council established the EAV designation, it was with recognition of providing flexibility for various types of land uses and to allow for more market-driven development. There was recognition of a change in the long term land use patterns away from solely industrial warehousing that was envisioned with the CP in 1993. a Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 3 Staff recommends approval of the Oakesdale campus rezone with the following recommended findings: (1) That the rezone is consistent with the CP land use map EAV designation; (2) the rezone is consistent with CP policies of the EAV,specifically policy LU212.14 directly supporting the subject rezone application, identifying sites with access to SW 43rd Street as favorable for rezones to the CA zone; (3)the subject rezone is a non-project action under SEPA and is a legislative act which would not result in new development. Future development would be subject to separate land use and environmental approvals. Roland Colliander, 777 108th Avenue, Bellevue, Washington 98004,applicant representative,concurred with staff's recommendation. He stated that since the entire 43 acre parcel is bisected by Springbrook Creek,that warehouse-office spaces were not particularly appropriate and not marketable. The commercial use seems to be far more appropriate,and size of developments would be more appropriate for the size of the piece of property. Beth Campbell, 1508 SW 43rd, Renton, Washington 98055,whose property is in the middle of the proposed rezone,pointed out that the location of her driveway on the exhibit was incorrect. The driveway is actually on her property and not Sternco's,and it is shared by an easement. She is in favor of the rezone, but would like some type of green belt to divide her property from the adjoining uses. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 9:30 a.m. FINDINGS,CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Zelman Renton L.L.C., filed a request for approval of a reclassification of approximately 14 acres from IM(Medium Industrial)to CA(Commercial Arterial). 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA) documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of Non-Significance(DNS)for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the northwest corner of Oakesdale Avenue SW and SW 43rd Street. Springbrook Creek defines the north boundary of the subject site. 6. The subject site is currently zoned IM. It was classified IM with the adoption of Ordinance 4404 enacted in June 1993. 7. The subject site was annexed to the City with the adoption of Ordinance 1745, as amended by Ordinances 1764 and 1928, respectively, and Ordinance 4040. ,r Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 4 8. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses,but does not mandate such development without consideration of other policies of the Plan. 9. The site is generally triangular in shape with its northern boundary somewhat irregularly defined by Springbrook Creek. 10. The south property line,the SW 43rd frontage, is approximately 1350 feet. The east or Oakesdale frontage is approximately 800 feet long. The property line along Springbrook Creek is approximately 1600 feet long. 11. The subject site consists of a number of separate legal parcels. The applicant represents the ownership of a majority of the subject site. One of the westernmost parcels is separately owned,and the owner of that parcel did not object to the rezoning of the subject site, including her ownership. 12. An existing,occupied, single family home is located on one of the western parcels. This home was misidentified as vacant by the applicant and staff. Other buildings are scattered across the site. 13. The adjacent parcels north of the creek had been contaminated in the past. A cleanup and consent order have been executed. The subject site is not involved in that action. 14. Staff indicated that the potential traffic generation associated with rezoning the site to accommodate commercial or retail uses was analyzed using traffic modeling. Most traffic would be during the peak hours but staff indicated that the roads in the area were adequate to handle the anticipated load. 15. In August 1996, after the subject site received its IM zoning,the Comprehensive Plan designation was changed from industrial to open commercial, industrial or other employment generating land uses. 16. The zoning in the area generally reflects the Medium Industrial zoning attached to the subject site and surrounding parcels. There are commercial uses east of the site along the SW 43rd corridor as well as in neighboring Tukwila. 17. There were some questions raised about the location of the easement or access driveway serving the separate ownerships. Those are not particularly relevant issues for this consideration but could affect development potential between the parties in the future. 18. While not particularly relevant to the reclassification request,the north-south street immediately east of the subject site is spelled "Oakesdale" whereas development plans refer to "Oaksdale" Campus Rezone. Further,the map accompanying the proposal labeled the street as "Oakedale." These variant spellings could lead to confusion in handling the application and filing the matter at later stages of processing. CONCLUSIONS: 1. The proponent of a rezone must demonstrate that the request is in the public interest,that it will not impair the public health, safety and welfare and in addition,complies with at least one of the criteria found in Section 4-8-14, which provides in part that: a. The subject site has not been considered in a previous area-wide rezone or land use analysis; or i . +. , Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 5 b. The subject site is potentially designated for the new classification per the Comprehensive Plan;or c. There has been a material and substantial change in the area in which the subject site is located since the last rezoning of the property or area. The requested classification is justified and should be approved by the City Council. 2. Since the time the site was rezoned in an area-wide,actually, City-wide effort to reclassify all parcels in the City,the Comprehensive Plan as it applies to this site was modified. The Comprehensive Plan, looking for a diversity of uses in terms of both employment opportunities,as well as providing a range of services including industrial,office and commercial and retail uses,was amended to allow a range of uses including the commercial uses the CA zoning would permit. 3. While the site was involved in an area-wide rezoning in 1993, in 1996 the City adopted new provisions in its Comprehensive Plan that affect this site. Those changes opened the range of uses possible for the subject site and other sites located along the SW 43rd Street corridor. 4. It appears reasonable to change the zoning on the subject site to provide the type of diversity envisioned by the Planning Commission and the City Council when it modified the Comprehensive Plan elements that govern the subject site. 5. In conclusion,the City Council should reclassify the subject site from IM to CA. RECOMMENDATION: The City Council should reclassify the subject site from IM(Medium Industrial)to CA(Commercial Arterial). ORDERED THIS 26th day of March, 1998. FRED J.ICA AN 1 HEARING E MINER TRANSMITTED THIS 26th day of March, 1998 to the parties of record: Peter Rosen Roland Colliander Beth Campbell 200 Mill Avenue S 777 108th Ave.NE., #400 1508 SW 43rd Renton, WA 98055 Bellevue, WA 98004 Renton, WA 98055 John B. Wanamaker Zelman Renton L.L.C. c/o Trammell Crow Co. 707 Wilshire Boulevard,#3036 5601 S. 6th Avenue Los Angeles,CA 90017 Seattle, WA 98108 Zelman Renton, L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 6 TRANSMITTED THIS 26th day of March, 1998 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/B1dg/PW Administrator Members,Renton Planning Commission Jim Hanson, Development Services Director Art Larson, Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren, City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV,Chapter 8, Section 15 of the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m.,April 9, 1998. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department,first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. w Tom'+� sII I Q Zs,:r✓sxss --- Rsa J - RANI 1 k4 1 7•once r % a ~ •6. 7 / /,i I 1 ---- — ' -- — —•— �1 Z — O ;>1..._• S.W. 38TH ST. s I /.A. O F" 90 Nan w Ame l •` '•p' .;6 /! 3 R I- I— Z F i / 5 / .,t• , r' N 1\I , Q aZr • ra \ a ' nA � s SW S.W. 39 . - LEY S - ,- / 9' / ,., s arx `� —._ u CO i / 'I ARK I / r- ` A - snDt ra—. °�_—_NL_«e 6 txs — nns 6 5 2 .• .. sv 11/l ,A II I C w.a.a.J •^ .�'4- - ♦...wow F _ 6 '.� _—�� fLE� r.•ib.t.4 /- � ; N- -._._. .— \•_ _ I' _..R2PS_._. .—3.'. �_•_•—'—.,- In,,...,� _.—._._.„._.._._._. i' . ;.�K .....„.,. . ..,..ir ••._ n N1- t=.-- :sleA< S►. 14e•7912) \ I I ��� ' • SIL NC�L 0 CO I +- '' M+AAAs �� I A '1, ,,,,, I SI ERNCO LAND CO. `\ • + 1 S.W. 41 SY ST. — o f I. N s�snt ! �q\} 0�\ S qIN ___ W - 1 7EIT/,' , I „ ig GLACIER PARK Co (I K� 4l HORDE JOalENT2 F 1 � I• �_�tt\`1 z .1.. M . 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TRACT 0 ,./'i, di, ,I /la >D sreo n NEIGHBORHOOD DETAIL MAP ` 5 o CO "a ------:.--7,--5-;-: ,s5 •�` sr E Q ' ,I' .,a III , Oaksdale Business Campus - Rezone 3 ••-.� 18 for Zelman Renton LLC January 14, 1998 S ,e , g I. 1.„ I p fl Rr a' _ =1 ili 1 i III , LEGAL DESCRIPTION 1 hat portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in the City of Renton, King County, Washington, lying South of the Southerly right-of-way margin of spring Brook Creek (Springbrook Slough Drainage Ditch No. 1) per King County Drainage District No. 1, and lying North of the Northerly right-of-way margin of S.W. 43rd Street, Project Name: April24, 1998 Revised June 3, 1998 5911L.007 DJS/jss a (4 CIT' )F RENTON eel Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM To: Marilyn Moses, Hearing Examiner's Secretary From: Lawrence J. Warren, City Attorney, Date: June 10, 1998 Subject: Oakesdale Campus Rezone Ordinance File No. LUA-98-005,R I am enclosing a copy of the above-referenced ordinance. The original of this ordinance has been sent to the City Clerk. 0 Lawrence J. Warren LJW:as. Encl. cc: Jay Covington Marilyn J. Petersen A8:141.57. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 - (425)255-8678 ®This paper contains 50%recycled material,20%post consumer CITE ' OF RENTON Hearing Examiner Jesse Tanner,Mayor Fred J.Kaufman June 9, 1998 Mr. Paul Casey The Zelman Companies 707 Wilshire Boulevard, #3036 Los Angeles, CA 90017 Re: Oaksdale Campus Rezone File No. LUA98-005,R Dear Mr. Casey: The Hearing Examiner's Report and Recommendation in the above-referenced request has not been appealed within the time period established by ordinance. Therefore, this matter is being submitted to the City Clerk this date for transmittal to the City Council for review. You will receive notification of final approval, as well as a copy of the enacting ordinance, from the City Clerk upon adoption by the City Council. You will be notified of all action taken by the City Council upon approval of the request. Please feel free to contact this office if further assistance or information is required. Sincerely, Fred J. Kaufman Hearing Examiner FJK:mm cc: City Clerk Peter Rosen Sandi Seeger 200 Mill Avenue South - Renton, Washington 98055 - (425)235-2593 ®This paper contains 50%recycled material,20%post consumer %o )" CITY OF RENTON HEARING EXAMINER MEMQRAIiDUM Date: June 8, 1998 To: Larry Warren, City Attorney From: Marilyn Moses, Hearing Examiner's Secretary Re: Oaksdale Campus Rezone File No. LUA98-005,R The appeal period on the above application has expired with no appeals or requests for reconsideration received. Would you please prepare an Ordinance for submittal to the City Council. Thanks CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 9, 1998 TO: Marilyn Moses FROM: Bob Mac Onie SUBJECT: Oakesdale Campus Rezone,File No. LUA-98-005-R Legal Description Review The latest legal description submittal of the subject rezone revised 3 June 1998, (attached)is adequate. c e: Peter Rosen \1TS SERVER\SYS2:\COMMON\-II:\FTL.E.SYS\LND\30\0163\HE980609.I)OC\rtm LEGAL DESCRIPTION That portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in the City of Renton, King County, Washington, lying South of the Southerly right-of-way margin of Spring Brook Creek (Springbrook Slough Drainage Ditch No. 1) per King County Drainage District No. 1, and lying North of the Northerly right-of-way margin of S.W. 43rd Street. Project Name: April 24, 1998 Revised June 3, 1998 5911L_007 DJS/jss MAY - 7 1998 � CITY OF RENTON HEARING EXAMINER CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM • DATE: May 5, 1998 TO: Marilyn Moses FROM: Sonja J. Fesser SUBJECT: Oakesdale Campus Rezone, File No. LUA-98-005, R Legal Description Review The latest legal description submittal of the subject rezone requires several changes. The first sentence, the caption, should be modified to include "City of Renton." There are two problems with the following portion of the legal description; "lying South of Spring Brook Sough [sic] Drainage Ditch No. 1." First, the northern boundary is better described as the southerly right of way margin of said ditch. Second, the ditch is actually named "Springbrook Creek," with the location and extent of the portion adjoining the properties at issue being defined by King County Drainage District No. 1. Therefore please modify the language above to "lying south of the southerly right of way margin of Springbrook Creek per King County Drainage District No. In addition, it does not appear that the Superior Cause No. cited as the defining element of the south boundary line applies to all the parcels. The description of the southerly boundary line is better described as "lying North of the northerly right-of-way margin of S.W. 43rd Street." cc: Peter Rosen \\TS SERVER\SYS2:\COMMON\-H:\FILE.SYS\LND\30\0163\RV980505.DOC\sf PARCEL EXHIBIT A PORTION OF THE NW 1/4 OF THE NE 114 OF SECTION 30,TOWNSHP ON,RANGE 4E,W11. cm,(IF RFNTON. KING COUNTY,WASi-INC CN i 1 r" U Oil*KR 7O]CALF LINE TABLE 0Aufrxrpr or N.114 1(V1 xrrol u Pa rmao a tune a woolGm .0 Rcorofc Hs 1121r11211 , LINE LENCIN BEARING '� ; L1 97.11 N71't�]ST Ell % U ,611' 1N451]5T U u U 98SE w651 15'E iS C1R ar AF/I EON 1) M94 1V6G4'31'E PMLMt ANO PUQC VNLP16 0 1 EASEUO1f,faEG NO.71Oe1701r{ u 1127 1s,67e 15'C �� �� E,y 1136 1c11.1'11'E II 11 ' ET 7.}7 �Y14'S4T -1---- ------ ------- _ s 110 11.01- N54'1T.UE - 111 ,an1 tit rotIVE AI 1 ll LI7 9S]! 1nroe'15'E al: - 1 - °" °�OE"I� W. 9965 Fa'1}'17'E p y +.---.a.....- 11 .��' es4V U'x 791.tY Ill' 100.04 N7{'G4']4'E g---ii u. '�y�R / • 7 117 1Cu.31 N033614T 1 I �►.� _ i7 OrNl1 i L11 10271 NgYYf]bl I I. 611' r*Si1 ram- 14'x TT E11' 10t71 N51agr k i I i� O'i� OrT an FEMON t. tit 1Or.36 NSe�]}> — }1�1. / lI aa.pwAr MD 110- 101J1 Mle'Oe']a>r 1 - 1 I• f --�1-�'lEn LOT UIIIIrfS EASEV8II Ed 112 ID1,1e N{O'll']1'L —.� ' /� 1194E( J ROE Nn. 7467140512 o r UI t1A6 NIr1}'�7 f '' ' • �' J rasaaa►ac c AD J9TED (, US ras Ns•a+'WF ,/ �i� �w 1I n1��N'G vxt«E R 1 1PARCEL W 1 ({Q�f L2. ]5.00 rrdl'7}'}4T 1 IFASEUFMI Imo/ ��r1 .. I am, E23 Ie.SO Nlt']4'11T fE CIR Or 11EMOf/��rI( �,A �E1141P! 's 11T 05s W1•I i'i TE I / 1 .-_ - 7,7.1, x 1 14;1;.NQ71a{I50fa{ 1 _I PARCEL_ IS' E/14E1iNf ,=L• U, w36 Ne1Vs321 a Pam- r- nEa.ra 541747 ".' �� I J .4 {lar.117e]r C+ou} f (1.AA17 9f CA09S, ',() ' f+�.'' I,la7e sr 1a1 (111,1Y7 9r MII C'. 2= r arle u >01 p I _ f, --._ iJ _ Q 2 g��y-" I{Y1 o '' 6LC.w.Mal100194oi yy l- �' Q J 1 (, SLAPS wE1E Nr ji r --j `� SLOPE EASELExI \ 4RfANWE Nf uiaq P1AE0.I F. (6e,771 so k r L.I nrriCiflO PARCEL N toOItON Or 71DEAai CK•r CAM o ____. / 9UPEI,OR COURT CAM `O14�rG 11}I UNC NO.61-1-Oalli-7 / I I-- ND.BI-7-Oe11T-1 . w f. i i 1a + f �� 5 — A - - — �7 F�ag1s aa--4—Is e�]rsrteryr N Kum'x Dan'sw',w t11, . _ lrersrurr-111ur - �flO T �� - u.a '1 N se4a({.r Ir 1sum%II1e,,4l - OT Y1 WI NM,roan t Clt w 11 ivS sum6a N L. V S Y ryIC.1 iv c V•CU'it VW WY of CA1C if creE 1 Ell 4 74 1a xCO a1At.an ra SOME ��{ 4• .a1 W1 3cA1L 1'10Q IW c Ka °�"� !GN NW 111,NE 114 SEC.10.T,UN.,11.4E,'KM SHT ��1 1i1 tG Q,G G� 18215 72N0 AVENUE SOUTH w r1.1. 1 '``1+� _ P (� KEN7, NA 900J2 I i4/I 1EUTAN PROPERTIES COMPANY i Q7 �' I- Z (425)251-6122 ` 1' Ip1 MT WILSHIRE ELY°.BUIIE Sa35 7 t; jr ' (425)251-8782 MC .-rr, -0� L08 ANOElfS,CA 90017 OF 1` ^ PHONE:U1311f13.8100 % ii0 sd' ,. ,r Cent 0.71/4E1191C.lulu%}NNNC, Al 5111 - marl is cm OF claraN Nrwa c0U1111 WA hors GS-I4-t9 j J L -�1No".- •T,•_Ir.riwT;, ---- - J L.r...3 04/2i/98 15:02 FAX 425 251 87" BARGHAUSEN CZ002 LEGAL DESCRIPTION That portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King i:ounty, Washington, lying South of Spring Brook Sough Drainage Ditch No. 1, and lying North of •hat portion thereof condemned in King County Superior Court Cause Number 81-2-081 1 7-7 for Nidening of S.W. 43rd Street. Project Name: April 24. 199B 5911 LA07 DJS/j55 ! f .... CITY OF RENTON :::::::::::<:::»:: ;::::>::::::>::: DEVi_LOPMENTSERVICES DIVISION MASTED APPLICATION w PROPERTY OWNERS) PROJECT INFORMATION Note: If there is more than one legal owner, please attach an additional' notarized.Mas.er Application for each owner. PROJECT OR DEVELOPMENTg NAME: NAME: CJ`l O`er, ',5.A,.w., (Gtw,&, c'�::ez n4 PROPERTY/PROJECT ADDRcSS(S) LOCATION: J. ADDRESS: 1 0 CC Ski �� r��CI I . OS cw 443 r6--1 5 ' CITY: RI2 —'�p ZIP: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): TELEPHONE NUMBER: � EXISTING LAND USE(S): DEVELOPMENT PLAN�CI �S ' �, 16 CITY cp RENTON Re.5;S►A�;A MAY i�98 /,PPLICANT< (if other than owner) PROPOSED LAND USES: RECEIVED NAME: / �[ COMPANY(if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable) Vic c /\c(v\ .e 6:Sc.T c-s j. CITY: ZIP: EXISTING ZONING:�1 �1 TELEPHONE NUMBER: PROPOSED ZONING (if applicable): CONTACT PERSON Cc. w,.Qrt i 1-1s4 er;ckk (C: A) • SITE AREA (SQ. FT. OR ACREAGE): NAME: COMPANY (if applicable): PROJECT VALUE: DEVELOPMENT PLANNlta CITY OF RENTON ,I (F\ ADDRESS: MAY ;,. -x 1998 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? RECEIVED (\)e> CITY: ZIP: IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALL' SENSITIVE AREA? TELEPHONE NUMBER: n J o LEGAL DESGn,�TlOIV OF PROPERTY (Attach sp an+ sheet irf necessary)! TYPE OF: 1=EES Check all application types`fhat apply=-City.staff will determine fees ANNEXATION $ SUBDIVISION: • _ COMP. PLAN AMENDMENT $ REZONE $ _ LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ SHORT PLAT $ _TEMPORARY PERMIT $ _TENTATIVE PLAT $ _ CONDITIONAL USE PERMIT $ _ PRELIMINARY PLAT $ _ SITE PLAN APPROVAL $ _ FINAL PLAT $ _ GRADE & FILL PERMIT $ (NO. CU. YDS: ) PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: ) _ PRELIMINARY WAIVER $ _ FINAL _WETLAND PERMIT $ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ _ CONDITIONAL USE $ _ VARIANCE $ _ EXEMPTION $No Charge _ ENVIRONMENTAL REVIEW $ REVISION $ Qr AFEIDAV[T t)1= OWNERSHIP.. I, (Print Name) (, y 1 (�'(]�" e,(are that I am(please check one)_the owner of the property involved in this application,_the authorized representative to act for the property owner(please attach proof of authorization), and that the foregoing statements and answers herein contained and the i formation herewith submitted are in all respects true and correct to the best of my knowledge and belief. PI N� Subscribed and sworn to before me, a NotaryPublic, in and IS' (� ,� /"� 'f/ ./� . ATTEST: to of g for the State of residing at e 121t��'� , — on the_day of • / 19 ( .natur• of • NOV-r'epres: ative MIIIPPIV (Signature of Notary Public) tThls section to be completed by:City Stafifi ) City fills Number; A AAD BSP CAPS CAP U CPA CU A CU H ECf LLA MHP FPUD .'FP PP R RVMP SA=A SA H SHPL A> SHPL H . SP ..SM .SME TP V A V B V H W `TOTAL FEES � ' ` TOTAL P,OSTAG� PROV)DEC7 $ MASTERAP.DOC REVISED 8/97 AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) ss. County of King ) MARILYN MOSES , being first duly sworn, upon oath, deposes and states: That on the 26th day of March,1998, affiant deposited in the mail of the United States a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: 2 111/14 6 .-G4 SUBSCRIBED AND SWORN to before me this .2264 day of i IG4L1'l. , 1998. la7l'l/yl_ Notary Public ' and for the State of Washington, residing at , therein. Application, Petition, or Case No.: Oaksdale Campus Rezone LUA98-005, R The Decision or Recommendation contains a complete list of the Parties of Record. March 26, 1998 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REI ORT AND RECOMMENDATION APPLICANT: Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R LOCATION: NW corner of SW 43rd Street and Oakesdale Avenue SW SUMMARY OF REQUEST: To rezone 14 acres from Medium Industrial to Arterial Commercial. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on March 3, 1998. PUBLIC HEARING: After reviewing the Development Services Report,examining available information on file with the application,field checking the property and surrounding area;the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 10, 1998 hearing. The legal record is recorded on tape. The hearing opened on Tuesday,March 10, 1998,at 9:03 a.m. in the Council Chambers on the second floor of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original Exhibit No.2: Neighborhood map application,proof of posting,proof of publication and other documentation pertinent to this request. Exhibit No. 3: Assessor's map The hearing opened with a presentation of the staff report by PETER ROSEN,Project Manager,Development Services,City of Renton,200 Mill Avenue South,Renton,Washington 98055. The applicant requests rezone of the subject site which is approximately 14 acres from Medium Industrial(IM)to Commercial-Arterial(CA). The remaining portion of the 43.4 acre site would remain zoned IM. The site is located south of Springbrook Creek at the intersection of Oakesdale and SW 43rd Street in the southwest corner of the City. This is considered a non-project rezone;there is no specific development proposed with this application. The rezone would allow for a different range of land uses to be developed on the subject property. The existing IM zoning allows primarily manufacturing,processing,assembling and warehouse uses. The commercial and office uses are limited under the IM zone. The proposed rezone to CA would allow for a wider range of commercial retail Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 2 service uses and limited industrial uses that could be developed on the site. There is one parcel in the middle of the proposed rezone that is not owned by the applicant. It is included in the parcel for CA zoning. There is an existing single family residence on this site. The site is within the Employment Area-Valley(EAV)Comprehensive Plan(CP)designation which was adopted by the City Council in August 1996 and it replaced the Employment Area-Industrial designation. The EAV designation was specifically adopted with the intent of expanding the employment-based uses that could develop within the Valley. The subject proposal does not require a CP amendment and can go forward as a site specific rezone. The subject proposal went to the Environmental Review Committee(ERC)and received a Determination of Non-Significance(DNS)with no mitigation measures imposed. The last area land use analysis and rezoning was done as part of a City-wide rezone and interim zoning ordinance in June of 1993. At that time the subject site designation was changed from Manufacturing Park (MP)to Medium Industrial. There are a number of policies which support the subject rezone application. Policy LU-212.14 states that favorable consideration should be given to rezones to CA only when the proposed commercial use has access to SW 43rd Street. SW 43rd Street borders the subject site on the south and links Tukwila, and would provide a natural extension to the existing commercial development and would transition to the industrial area of south Renton. Commercial development is considered preferable on this site because it is a gateway into the City. Increased traffic volume was considered in the environmental analysis of this proposal and generally that was considered on a larger scale when the EAV designation was adopted by the City Council. There were traffic models that were run for considering commercial development which is a larger generator of traffic. That was considered on a larger scale,not on a site specific basis. The increase would largely be with the peak hour trips associated with commercial development. SW 43rd Street is a major arterial and Oakesdale is slated to be a major north-south connection through the Valley. There are other EAV policies for consideration of rezones which address compatibility with surrounding uses. The fact that Springbrook Creek borders this rezoned portion of the site to the north would provide some separation from the industrial development that would occur on the north portion of the property. To the south along 43rd is a commercial business use and to the east there are Boeing warehouses. Another one of the policies is to improve the efficiency in the use of land for sharing of on-site facilities such as parking,open spaces and services. The 14 acres is large enough to foster shared parking and a more intensive use of the site which is consistent with the policies. Also the policies direct that commercial rezones should achieve a balance of land uses to improve the City's economic base. This rezone to commercial would improve the City's economic base and provide a balance in land uses. The proposal to rezone the subject parcel is indicative of recent changes in land use patterns and development proposals in the Valley from predominantly industrial warehouse uses to more commercial type of uses. Currently IKEA is located east of the site on SW 43rd Street and other commercial projects have gone into the Valley such as a movie theater,hotels and other commercial uses. When the City Council established the EAV designation, it was with recognition of providing flexibility for various types of land uses and to allow for more market-driven development. There was recognition of a change in the long term land use patterns away from solely industrial warehousing that was envisioned with the CP in 1993. Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 3 Staff recommends approval of the Oakesdale campus rezone with the following recommended findings: (1) That the rezone is consistent with the CP land use map EAV designation; (2) the rezone is consistent with CP policies of the EAV, specifically policy LU212.14 directly supporting the subject rezone application, identifying sites with access to SW 43rd Street as favorable for rezones to the CA zone; (3)the subject rezone is a non-project action under SEPA and is a legislative act which would not result in new development. Future development would be subject to separate land use and environmental approvals. Roland Colliander, 777 108th Avenue,Bellevue,Washington 98004,applicant representative,concurred with staff's recommendation. He stated that since the entire 43 acre parcel is bisected by Springbrook Creek,that warehouse-office spaces were not particularly appropriate and not marketable. The commercial use seems to be far more appropriate, and size of developments would be more appropriate for the size of the piece of property. Beth Campbell, 1508 SW 43rd,Renton,Washington 98055,whose property is in the middle of the proposed rezone,pointed out that the location of her driveway on the exhibit was incorrect. The driveway is actually on her property and not Sternco's,and it is shared by an easement. She is in favor of the rezone,but would like some type of green belt to divide her property from the adjoining uses. The Examiner called for further testimony regarding this project. There was no one else wishing to speak,and no further comments from staff. The hearing closed at 9:30 a.m. FINDINGS,CONCLUSIONS&RECOMMENDATION Having reviewed the record in this matter,the Examiner now makes and enters the following: FINDINGS: 1. The applicant,Zelman Renton L.L.C.,filed a request for approval of a reclassification of approximately 14 acres from IM(Medium Industrial)to CA(Commercial Arterial). 2. The yellow file containing the staff report,the State Environmental Policy Act(SEPA)documentation and other pertinent materials was entered into the record as Exhibit#1. 3. The Environmental Review Committee(ERC),the City's responsible official, issued a Declaration of Non-Significance(DNS)for the subject proposal. 4. The subject proposal was reviewed by all departments with an interest in the matter. 5. The subject site is located at the northwest corner of Oakesdale Avenue SW and SW 43rd Street. Springbrook Creek defines the north boundary of the subject site. 6. The subject site is currently zoned IM. It was classified IM with the adoption of Ordinance 4404 enacted in June 1993. 7. The subject site was annexed to the City with the adoption of Ordinance 1745, as amended by Ordinances 1764 and 1928,respectively,and Ordinance 4040. Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 4 8. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of employment generating uses,but does not mandate such development without consideration of other policies of the Plan. 9. The site is generally triangular in shape with its northern boundary somewhat irregularly defined by Springbrook Creek. 10. The south property line,the SW 43rd frontage, is approximately 1350 feet. The east or Oakesdale frontage is approximately 800 feet long. The property line along Springbrook Creek is approximately 1600 feet long. 11. The subject site consists of a number of separate legal parcels. The applicant represents the ownership of a majority of the subject site. One of the westernmost parcels is separately owned,and the owner of that parcel did not object to the rezoning of the subject site, including her ownership. 12. An existing,occupied,single family home is located on one of the western parcels. This home was misidentified as vacant by the applicant and staff. Other buildings are scattered across the site. 13. The adjacent parcels north of the creek had been contaminated in the past. A cleanup and consent order have been executed. The subject site is not involved in that action. 14. Staff indicated that the potential traffic generation associated with rezoning the site to accommodate commercial or retail uses was analyzed using traffic modeling. Most traffic would be during the peak hours but staff indicated that the roads in the area were adequate to handle the anticipated load. 15. In August 1996,after the subject site received its IM zoning,the Comprehensive Plan designation was changed from industrial to open commercial, industrial or other employment generating land uses. 16. The zoning in the area generally reflects the Medium Industrial zoning attached to the subject site and surrounding parcels. There are commercial uses east of the site along the SW 43rd corridor as well as in neighboring Tukwila. 17. There were some questions raised about the location of the easement or access driveway serving the separate ownerships. Those are not particularly relevant issues for this consideration but could affect development potential between the parties in the future. 18. While not particularly relevant to the reclassification request,the north-south street immediately east of the subject site is spelled"Oakesdale"whereas development plans refer to "Oaksdale"Campus Rezone. Further,the map accompanying the proposal labeled the street as "Oakedale." These variant spellings could lead to confusion in handling the application and filing the matter at later stages of processing. CONCLUSIONS: 1. The proponent of a rezone must demonstrate that the request is in the public interest,that it will not impair the public health, safety and welfare and in addition,complies with at least one of the criteria found in Section 4-8-14,which provides in part that: a. The subject site has not been considered in a previous area-wide rezone or land use analysis; or Zelman Renton, L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 5 b. The subject site is potentially designated for the new classification per the Comprehensive Plan; or c. There has been a material and substantial change in the area in which the subject site is located since the last rezoning of the property or area. The requested classification is justified and should be approved by the City Council. 2. Since the time the site was rezoned in an area-wide, actually, City-wide effort to reclassify all parcels in the City,the Comprehensive Plan as it applies to this site was modified. The Comprehensive Plan, looking for a diversity of uses in terms of both employment opportunities, as well as providing a range of services including industrial, office and commercial and retail uses, was amended to allow a range of uses including the commercial uses the CA zoning would permit. 3. While the site was involved in an area-wide rezoning in 1993, in 1996 the City adopted new provisions in its Comprehensive Plan that affect this site. Those changes opened the range of uses possible for the subject site and other sites located along the SW 43rd Street corridor. 4. It appears reasonable to change the zoning on the subject site to provide the type of diversity envisioned by the Planning Commission and the City Council when it modified the Comprehensive Plan elements that govern the subject site. 5. In conclusion,the City Council should reclassify the subject site from IM to CA. RECOMMENDATION: The City Council should reclassify the subject site from IM(Medium Industrial)to CA(Commercial Arterial). ORDERED THIS 26th day of March, 1998. FRED J. KA AN 1 HEARING EXAMINER TRANSMITTED THIS 26th day of March, 1998 to the parties of record: Peter Rosen Roland Colliander Beth Campbell 200 Mill Avenue S 777 108th Ave.NE.,#400 1508 SW 43rd Renton, WA 98055 Bellevue, WA 98004 Renton, WA 98055 John B. Wanamaker Zelman Renton L.L.C. do Trammell Crow Co. 707 Wilshire Boulevard,#3036 5601 S. 6th Avenue Los Angeles,CA 90017 Seattle, WA 98108 Zelman Renton,L.L.0 Oaksdale Campus Rezone File No.: LUA-98-005,R March 26, 1998 Page 6 TRANSMIT"I'ED THIS 26th day of March, 1998 to the following: Mayor Jesse Tanner Gregg Zimmerman,Plan/Bldg/PW Administrator Members,Renton Planning Commission Jim Hanson,Development Services Director Art Larson,Fire Marshal Mike Kattermann,Technical Services Director Lawrence J. Warren,City Attorney Larry Meckling,Building Official Transportation Systems Division Jay Covington,Mayor's Executive Assistant Utilities System Division Councilperson Kathy Keolker-Wheeler South County Journal Pursuant to Title IV,Chapter 8, Section 15 of the City's Code, request for reconsideration must be Bled in writing on or before 5:00 p.m.,April 9. 1998. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure,errors of law or fact,error in judgment,or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen(14)days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant,and the Examiner may, after review of the record,take further action as he deems proper. An appeal to the City Council is governed by Title IV,Chapter 8, Section 16,which requires that such appeal be filed with the City Clerk,accompanying a filing fee of$75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants,the executed Covenants will be required prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte(private one-on-one)communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. a3 I1_z I Ouk-vEss__._ ... \• ROM I 4 1 7vs.' r a ~ I p 7x.i II' • O I— 9 y ,nS.W. 38TH ST. ssafe w .aoR yIX .L1 c7 w x O / 1�'� 1 7 , z 1\4 �" J Z7 j TLeC w /Z AI. di . 9m. — L • - .o / ' S.W. 39 T H ST.'\ /L Al, /' /� 4. 1NIt -j,\N/,+/ / yj I' ARKI �, a• b 5 ;____ ..'' u4� _ --—e6t�l elx.e.c.u-• `.•• _. } l.._._.___._..I_ T . .u� r • rj J i '7CAM i SIERNG0 LAND CO. S.W. • 41 ST '``� `�•ST. '`o r. 3 $ 1; ��. SssA� ,1 0 r) �\ $1I mn rcu ' (� 1 r ----- 1DN L/ ) r '\ a .m , L C.3T IUP•I I�� 'J H y GLACIER PARK CO 1 '' ` I E� GEORGE JOAIENTL `` '� (,r N. ....8L8 -___ �'. - u11 ` �li \ Illel L. ,.O 1 Z • N Y 0 v ✓ :FSON Icc ; �\ Q 11 rY E? - ¢ �` a - I • 0 0.aIdI dEll II • Is 9 $TmaYr ••1 �., a 9 y E 8 jR R•v S.w. 43RD° ST. / NTnN- A HATE LIMIT 0,,, i, O'ICE .17,g C]C1 r-{ 0 C O a=0G70 C=0 p CCO4-=.0 C70 JO�0,0 a coI L7C O.I�CI.GJ a 01=a CO^0 C CL O t-JO j j- n ram_' .,—....?r.-„y R D Q Q �dRILLIA KENT ;,iAI /MIT- .•,•t- f � 1 •PAft�fCnn -�rY I r`. c.q KENT ••u C PORATE LIMIT' � r s � ;�� ;.`, .o sdSFfi / N6f3R00K S1NEy r A _R�� URL NGTON51 0`rtHERN O�PAC i ,rARCHER BLOWER J� i '"CO INL , Q 1 s—Ielsr:.CO Sr a �' ;Z ' I I NDUS R-1-A6 D 1 T R I IC T NO. I D I V.I2 T.' III ,. 1 •W I` . j iP I y Nssr• :1[1 • ARCHER BLOWER t ;� • I I 2 a3 4 5 �I 6 e 7 8 �9] us o•E,✓` PIPE CO INC I 0 Z "1b - or,to y "� -4)f'~k'M L1011 ZTR1 TRACT 0 `./li J _ eroaw�•� r I ALA`=,J• ab i •J� . Se�B3�R.5 JH,_ ,�"' • <<l . 'i ' CO' Cr I ` Y "'• NEIGHBORHOOD DETAIL MAP sr E a ,i i e .11 'd E Oaksdale Business Campus - Rezone .e ,�. 3 • . - 1 ;� r p °:L o ;I 1 TR.A 1, c O ft ? n for Zelman Renton LLC January 14, 1998 15 �� c33 � o ,i ; zT N IA L. 0. i-•-- . x •, il is . N O 7 I I \\\ \ \ II CITY<OF RENTON CURRENT PLANNING DIVISION . AFFIDAVIT OF SERVICE BY MAILING On the 3 day of Y 0 d'\ , 1998, I deposited in the mails of the United States, a sealed envelope containing 4v 'rkrvC ttetAn I E t kcAr documents. This information was sent to: I Name Representing (\ r. "Ro 1 avtid Cot a v c e)r• CNN Fr Avt k ftec u v�°. Ze�vvwv� 'Revr'tovs LLC, Y&1/4,rr. Zoo h W a r\a vvNa k.av— 410-s.V%t vcito v‘ Oak:.tal Ma vv7, (Signature of Sender) is d -k STATE OF WASHINGTON ) ) SS COUNTY OF KING I certify that I know or have satisfactory evidence that �,q 1,c( R a 7 Pvv signed this instrument and acknowledged it to be his/her/their free and voluntary act for ttfe uses and purposes mentioned in the instrument. may, Dated: ''Y?AA. 5 /i0 % 'i-7 Notary Public i and for the State o shington Notary (Print) MARILYN KAMCHEFF My appointment; e._._S6 _ Project Name:` Q aksdale. C avv pus Re-tov.c. Project Number: LUPt .91�- SOS R. NOTARY.DOC Ar riuAVIT OF PUBL: AT:ON NOTICE OF ENVIRONMENTAL DETERMINATION Kristina Thompson, being first duly sworn on oath states that he/she is the Legal Clerk of ENVIRONMENTAL REVIEW COMMITTEE the RENTON,WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non- SOUTH COUNTY JOURNAL Signifigance for the following project under the authority of the Renton Municipal Code. 600 S. Washington Avenue, Kent, Washington 98032 OAKSDALE CAMPUS REZONE LUA-98-005,R,ECF a daily newspaper published seven (7) times a week. Said newspaper is a legal A non-project rezone of 14 acres from Mednewspaper ofgeneralpublication and is now and has been for more than six months Commercialm Industrial (IM) to Arterial (CA) prior to the date of publication, referred to, printed and published in the English language The 15 day comment and appeal period continuallyas a dailynewspaper in Kent, KingCount Washington. The South Countyfor this project will run concurrently and Y, 9 end at 5:00 PM on March 2, 1998. Journal has been approved as a legal newspaper by order of the Superior Court of the Following this, the City will finalize its State of Washington for King County. Determination unless comments received corn- The notice in the exact form attached, was published in the South Countyrequire a reequests for Writte ments and requests for reconsideration Journal (and not in supplemental form) which was regularly distributed to the subscribers shall be forwarded to the Development duringthe below statedperiod. The annexed notice, a Services Division Land Use Review Supervisor. Information on the project file is available at the Development Services Division, Third Floor, Municipal Building, Oaksdale Campus Rezone Renton, Washington 98055. Phone: 235- 2550. Appeal procedures are available in as published on: 2/16/98 the City Clerk's office,First Floor,Municipal Building. , — The full amount of the fee charged for said foregoing publication is the sum of$54.09 A Public Hearing will be held by the Legal Number 4236 Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, .� C 6' �� Washington,onrMarch 10, 1998 at Rent AM'`/ ,_ to consider the Rezone. If the gal Clerk, SOUL unt Jo rnal Environmental Determination is appealed, Y the appeal will be heard as part of this pub- lic hearing. " Published in the South County Journal Subscribed and sworn before me on this (()��day ofA(Laik19. li February 16, 1998.4236 0N11Irrrrrw 14 rA` ' lit-r1 .R.;- ci,;.:.. , Notary Public of the State of Washington `loTa�;y ;y= residing in Renton - —©— - King County, Washington . G ' i7-1 Washington State Northwest Region Department of Transportation 15700 Dayton Avenue North Sid Morrison P.O.Box 330310 Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 Elpfr C17%17-7'4-nLANNING Gi "`r Ur k JTON DATE: February 20, 1998 Mi„X U 1998 TO: Peter Rosen ,.- City of Renton,Project Manager 200 Mill Avenue South Renton WA 98055 Subject: SR 405 CS 1743 Determination of Nonsignificance- Oakesdale Campus Rezone proposal for a non-project rezone of 14 acres from Medium Industrial(IM)to Arterial Commercial (CA) 4fAlt-361, File No.LUA-98-005,R,ECF FROM: Robert A. Josephson, PE,Manager of Planning&Local Coordination Washington State Department of Transportation Northwest Region 15700 Dayton Avenue North,MS 122 P. O. Box 330310 Seattle,WA 98133-9710 Thank you for giving us the opportunity to review this rezone, which is located on northwest corner of southwest 43rd Street and Oakesdale Avenue SW, south of Springbrook Creek. Our response is below: We have reviewed the subject document and have no further comments. The project will have no significant impact on the state highway system. If you have any questions,please contact Don Hurter at 440-4664 or Vickie Erickson at 440-4915 of my Developer Services section VEE:vee File Name CITY OF RENTON HEARING EXAMINER PUBLIC HEARING MARCH 10, 1998 AGENDA . mlr O3OMMENCING AT 9:00 AM, ''.OUNCIL CHAMBERS, SECOND FLOOR, RENTON MUNICIPAL BUILDING Ehe application(s) listed Are in order of application number only and not necessa►il.t the:Order in which hey will be heard Items wilt be called for hearing at the discretion of the Hearing Ex finer PROJECT NAME: Oaksdale Campus Rezone PROJECT NUMBER: LUA-98-005,R PROJECT DESCRIPTION: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Location: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek. PROJECT NAME: APPEAL Seelig Appeal of Western Wireless PROJECT NUMBER: AAD-97-149 (LUA-97-092,CU-A) PROJECT DESCRIPTION: The appellant, Howard Seelig, appeals the issuance of a conditional use permit by the City of Renton for the Western Wireless project (File No. LUA-97-092,CU). Western Wireless proposes installation of a telecommunications monopole with a total of 12 panel antennas mounted at the top of the monopole which would have an overall height of 100 feet from the ground. Location: 1755 NE 48th Street. AGNDA.DOC PUBLIC City of Renton Department of Planning/Building/Public Works HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER 1 . SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: March 10, 1998 Project Name: Oaksdale Campus Rezone Applicant/ Zelman Renton L.L.C. Address: 707 Wilshire Boulevard, Suite 3036 Los Angeles, CA. 90017 Owner/ Zelman Renton L.L.C. Address: 707 Wilshire Boulevard, Suite 3036 Los Angeles, CA. 90017 File Number: LUA-098-005, R, ECF Project Manager: Peter Rosen Project Description: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out- buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Project Location: Northwest corner of SW 43rd Street and Oaksdale Avenue SW, south of Springbrook Creek. 1 `_ c�- IJ' _.t __ ______ G C 9 Sw MTH _ ST. ' T �N, C D. ¢ J O '� ��r o �1 J 2] i T Q' n Z �.//: li 1 '177 .1"1*1 MEI AMIE 761 M 1'• •i'• f,t.x[o u r. 43RP a ST R'r 77 P. .?',—.-o . .o.o ''' .tea-.gr NN!=, ,,,g,— o+f.-._ -___• �,_ jo�l fS. wiRILLIA - ._ 9a 1A'K 4 t . a.' — — — --„ �J e it 'g ea. ! L ' �� rgror.Z `� i5 $URL NG ° AVM I \,. s H,N,.•y^, - izz ` a ' I-, TRICT 0.1 01V2 �—a Wiz= ,6 -�- -I r II,,` NEIGHBORHOOD DETAIL MAP sr a I' R `a �' =e "' ATE Oaksdale Business Campus^Rezone City of Renton PANPW Department I inary Report to the Hearing Examiner OAKSDALE CAMPUS REZONE LUA-98-005, R, ECF PUBLIC HEARING DATE: MARCH 10, 1998 Page 2 of 7 B. GENERAL INFORMATION: 1. Owner of Record: Zelman Renton L.L.0 2. Zoning Designation: Medium Industrial (IM) 3. Comprehensive Plan Land Use Employment Area- Valley (EAV) Designation: 4. Existing Site Use: Unoccupied residence and outbuildings. 5. Neighborhood Characteristics: North: Railroad tracks, Burlington Northern terminal. East: Boeing warehouses, Ikea. South: Springbrook Business Park- Commercial, office, business uses. West: Railroad track corridor, back of commercial lots which front West Valley Road. 6. Access: SW 43rd Street, Oaksdale Avenue SW 7. Site Area: 14.0 acres 8. Project Data: area comments Existing Building Area: N/A New Building Area: N/A Total Building Area: N/A C. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 1745 4/14/59 Annexation N/A 1764 5/19/59 Annexation N/A 1928 2/19/61 Annexation N/A 4040 2/9/87 Comprehensive Plan, N/A 4496 2/20/95 Map, and Area-Wide Zoning Maps Adoption Interim Zoning Code N/A 4404 6/7/93 Adoption HEXRPT.DOC C`y of Renton PB/PW Department I (nary Report to the Hearing Examiner 0 1KSDALE CAMPUS REZONE LUA-98-005, R, ECF P JBLIC HEARING DATE: MARCH 10, 1998 Page 3 of 7 Comprehensive Plan N/A 4627 8/19/96 Amendment - Employment Area- Valley L►. PUBLIC SERVICES: 1. Utilities: Water: Available to site, not applicable to non-project action rezone Sewer: Available to site, not applicable to non-project action rezone Surface Water/Storm Water: Available to site, not applicable to non-project action rezone 2. Fire Protection: Available to site, not applicable to non-project action rezone 3. Transit: Not applicable to non-project action rezone 4. Schools: Not applicable to non-project action rezone 5. Recreation: Not applicable to non-project action rezone 1:. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Section 4-8-14.C.: Change of Zone Classification (Rezone) 2. Section 4-31-11.2: Medium Industrial Zone 3. Section 4-31-10.4: Commercial Arterial Zone APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: Employment Area Valley: Objective LU-EE.a: Provide for a mix of employment-based uses, including commercial, office and i idustrial development to support the economic development of the City of Renton. Policy LU-212.1 Develop the Renton Valley and the Black River Valley areas as a place for a range and 'ariety of commercial, office, and industrial uses. !'olicy LU-212.2 Compatible and related land uses should be encouraged to locate in proximity to one mother. 'olicy LU-212.3 Development standards should promote an increased intensity and quality of ievelopment. 'olicy LU-212.6 Developments should be encouraged to achieve greater efficiency in site utilization and esult in benefits to users with techniques including: a. shared facilities such as parking and site access, recreation facilities and amenities; iEXRPT.DOC Ci y of Renton PB/PW Department I inary Report to the Hearing Examiner O4KSDALE CAMPUS REZONE LUA-98-005, R, ECF P IBLIC HEARING DATE: MARCH 10, 1998 Page 4 of 7 b. an improved ability to serve development with transit by centralizing transit stops; and c. an opportunity to provide support services (e.g. copy center, coffee shop or lunch facilities, express mail services) for nearby development that otherwise might not exist. Policy LU-212.8 Recognize viable existing and new industrial uses in the Valley, while promoting the g•adual transition of uses on sites with good access and visibility to more intensive commercial and office u ie. Policy LU-212.9 Commercial uses may be located in proximity to existing industrial uses when reasonable buffering between the uses can be accomplished and when adequate accommodation of deliveries and loading to industrial areas can be maintained. Objective LU-EE.b: Provide flexibility in the regulatory processes by allowing for a variety of zone designations in the Employment Area-Valley designation. Policy LU-212.11 Changes in zoning from one commercial, office or industrial zone to another should be considered to achieve a balance of uses that substantially improves the City's economic base and e mployment base. Factors such as increasing the City's tax base, improving efficiency in the use of the kind, and the ability of a proposed land use to mitigate potential adverse land use impacts may be taken into ccount. F olicy LU-212.12 Favorable consideration should be given to rezones in which similar and/or compatible i ses are already located in the area. Policy LU-212.13 Favorable consideration should be given to rezones where there is an opportunity to create improved efficiencies of use through the joint use/sharing of on site facilities such as parking, open pace and supporting services. Policy LU-212.14 Favorable consideration should be given to rezones to Commercial Arterial (CA) only when the proposed commercial use has access to SW 43rd Street, and/or East Valley Road south of SW 7th Street or is located north of 1-405 and south of 10th Avenue SW and the area under consideration is hart of a designation totaling over 5 acres (acreage may be in separate ownerships).. Policy LU-212.15b Favorable consideration should be given to rezones for large scale commercial uses or i ses ancillary to large scale uses provided that the ancillary uses are built at the same time as or after the 13rge scale use and the rezone is sufficiently large so as to create improved efficiencies of use. 3. DEPARTMENT ANALYSIS: 1. PROJECT DESCRIPTION/BACKGROUND The subject proposal is for a non-project rezone of approximately 14 acres from Medium Industrial (IM) to Commercial Arterial (CA). There are no specific development plans proposed for the property with this application. The non-project rezone would allow for a different range of land uses to be developed on the subject property. The present Medium Industrial (IM) zoning allows primarily manufacturing, processing, assembling, and warehousing uses. Commercial retail and office uses are limited under the IM zone. The proposed rezone to Commercial Arterial (CA) would allow for a wider range of commercial retail and service uses while limiting industrial uses that could be developed. The subject site is within the Employment Area-Valley (EAV) Comprehensive Plan designation. This land use designation was adopted by the City Council in August 1996, replacing the Employment Area-Industrial (EAI) designation. The policies adopted for the EAV designation support a mix of employment-based uses in the Valley to improve the City's economic and employment base. Industrial, commercial, and commercial office zoning designations are all considered consistent with the EAV Comprehensive Plan -IEXRPT.DOC Cy of Renton PB/PW Department I ._.....inary Report to the Hearing Examiner 0 1KSDALE CAMPUS REZONE LUA-98-005, R, ECF P 18LIC HEARING DATE: MARCH 10, 1998 Page 5 of 7 designation. Therefore, the proposed rezone does not require a Comprehensive Plan Amendment in conjunction with the rezone application. Adopted policies for the EAV designation support a mix of employment-based uses in the Valley and favor consideration of rezones to commercial zoning specifically along SW 43rd Street. 2. ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), on February 10, 1998 the Environmental Review Committee issued a Determination of Non-Significance. The appeal period ended on March 2, 1998 and no appeals were filed. 3. COMPLIANCE WITH ERC MITIGATION MEASURES ERC issued a Determination of Non-Significance and did not impose mitigation measures for the non-project rezone. 4. STAFF REVIEW COMMENTS No substantive comments were received from other City staff reviewers because the proposed rezone is a non-project action. 5. CONSISTENCY WITH REZONE APPROVAL CRITERIA Section 4-8-14.C: In the case where a change of the zone classification of property is recommended, at least one of the following circumstances shall be found to apply: GENERAL CRITERIA: a. That substantial evidence was presented demonstrating the subject reclassification appears not to have been specifically considered at the time of the last area land use analysis and area zoning; or The subject site was rezoned from Manufactured Park (M-P) to Medium Industrial (IM) during the last area land use analysis and area rezoning in June, 1993. This was more representative of a zoning designation name change than a change to the types of uses and standards allowed under the zoning. The far east corner of the subject property, east of Springbrook Creek along SW 43rd Street, was zoned Business Use (B-1) before the 1993 area-wide rezone. This part of the property is not included in the subject rezone proposal, though it does indicate that commercial zoning has been considered appropriate along SW 43rd Street in the past. b. That the property is potentially classified for the proposed zone being requested pursuant to the policies set forth in the Comprehensive Plan and conditions have been met which would indicate that change is appropriate; or The Comprehensive Plan Land Use Element was amended in August, 1996 to establish one land use designation for the entire Valley, the Employment Area - Valley (EAV), which would allow for a mix of employment-based uses, including industrial, commercial, and office. One of the intents of the change was to allow for rezones within the EAV designation without need for a Comprehensive Plan amendment. Adopted policies specifically address the conditions or situations where rezone applications should receive favorable consideration. -IEXRPT.DOC C y of Renton P/B✓PW Department I ._.....inary Report to the Hearing Examiner 0 1KSDALE CAMPUS REZONE LUA-98-005, R, ECF P JBLIC HEARING DATE: MARCH 10, 1998 Page 6 of 7 Policy LU-212.14 is most direct in supporting the subject rezone application, identifying properties with access to SW 43rd Street as appropriate for Commercial Arterial (CA). SW 43rd Street is a major east-west arterial linking the City with extensive commercial development in nearby Tukwila. Commercial development of the site would provide a natural extension to the existing commercial development and a transition to the industrial area of south Renton. Commercial development would also be preferable on the site as a gateway location into Renton. Policy LU-212.8 promotes a transition from industrial uses to more intensive commercial uses on sites with good access and visibility. Policy LU-212.14 Favorable consideration should be given to rezones to Commercial Arterial(CA) only when the proposed commercial use has access to SW 43rd Street, and/or East Valley Road south of SW 27th Street or is located north of 1-405 and south of 10th Avenue SW and the area under consideration is part of a designation totaling over 5 acres (acreage may be in separate ownerships). Other EAV policies for consideration of rezones address the compatibility of surrounding uses, improving the efficiency in the use of the land for sharing of on-site facilities such as parking, open space, services, and achieving a balance of land uses to improve the City's economic base. The subject rezone application complies with all the EAV policies. The 14 acres proposed for rezoning to commercial uses is adjacent to approximately 30 acres which is presently proposed for industrial/warehouse development. Commercial development would balance the larger area devoted to industrial use and commercial use of the site would improve the City's economic base. The policies also encourage an increased intensity and quality of development. Commercial uses would be a higher intensity use of the site and would provide opportunities for more quality development than industrial/warehouse development. The north boundary of the rezone site is Springbrook Creek which would provide a visual and physical separation and buffer from the adjacent industrial development, thereby mitigating potential adverse impacts between the different land uses. The subject proposal does not include specific plans for commercial development on the site. However, the 14 acre site is located at the intersection of two arterials (Oaksdale Avenue SW and SW 43rd Street) and the site would foster large scale commercial uses with shared access, parking and infrastructure as encouraged in the Comprehensive Plan policies. c. That since the last previous land use analysis of the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. The proposal to rezone the subject parcel is indicative of recent changes in land use patterns and private development proposals in the Valley, from predominantly industrial/warehouse uses to more commercial type uses. In 1994, IKEA developed on SW 43rd Street to the east of the subject site. Commercial projects such as the movie theater, hotels, and other commercial uses have developed in the Valley along with light and medium industrial uses and warehouses. The City Council established the Employment Area-Valley (EAV) designation in 1996 recognizing the need to provide flexibility for development of various types of land uses and to allow for more market-driven development rather than solely the industrial/warehousing uses envisioned when the Comprehensive Plan and Area-Wide zoning was adopted in 1993. The long-term land use impacts associated with transitional changes of allowing a wider range of commercial uses and limiting industrial uses was evaluated for the Valley during the process of adopting the EAV Comprehensive Plan designation. The City is presently improving Oaksdale Avenue SW as a major north/south connection through the Valley. This is a significant public improvement that will change traffic patterns -1EXRPT.DOC c C ty of Renton PB/PW Department i ._....unary Report to the Hearing Examiner O 4KSDALE CAMPUS REZONE LUA-98-005, R, ECF P JBLIC HEARING DATE: MARCH 10, 1998 Page 7 of 7 in the immediate area and will make the subject site even more suitable and desirable for commercial development. if. RECOMMENDATION: Staff recommends approval of the Oaksdale Campus Rezone, Project File No. LUA-98-005, R, ECF for the following reasons: 1. The rezone is consistent with the Comprehensive Plan Land Use Map Employment Area- Valley (EAV) designation. 2. The rezone is consistent with Comprehensive Plan policies of the Employment Area Valley- (EAV) designation. Policy LU-212.14 directly supports the subject rezone application, identifying sites with access to SW 43rd Street as favorable for rezones to the Commercial Arterial (CA) zone. 3. The subject rezone is a non-project action under SEPA and is a legislative act which of and by itself will not result in new development. Future development would be subject to separate land use and environmental approvals. -EXRPT.DOC j _- 36-23-4 _ .. ._ - w 1tJ ' T LG• rsp• ,'' •''' ,. 5°\ —� •+ize!1= rr • i 1 a- ` ASSESSORS MAP j • + ,' Oaksdale Business Campus Rezone I • 7 00 for Zelman Renton LLC January 14,1998 I N f T • . 11: . .' I < oj; I :;Viel a I 'Ii� r® I ` 7:-; 36�' . /,.44 I T�T0 i , 2 Q, • • 1 ., `` ti�° • - 'i �� - ; .. vII `� • - e \ I Z 2 ,I ,e ' a 11 z I_ I t 11$c gi i e. 'e t�.,, hi' '�' iv y q "t I lA--�Tr q.T 1 y I Z. ?• I I i ' e.0.�a I •':r T. +ir+7�t.e..,ma. r ...III. SW.Z`.1443 A-D. St ! %, -S. vol''' ls• 4-3 .D. _5f i a_' ----. . 07--- < r:, ee - _ ... __... _ ..� �r CTI•TI . 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ST s i d a� r I _ > m A,. ::1 W i j I • ra:'J6 Y 1 ARCHER BIOWER& I ��s Z II 2 F3 4 5 0 6 V 7 0 8 I:!9] ' t21 UI Irr.A`.PIPE CO INC , 1'•Y +fie •,,.86 • i nrf q8 I .gyp c . { /� Z TR.I TRACT D /.;." ..,, oa,T� — r' II• 2 \\� r �" Peen • J ¢r•E sM p ."'"', —� 9 P T6- 5 14 al oy `4—�- ppw a br" 52 rt.°C I - NEIGHBORHOOD DETAIL MAP t }� �. 3 Al E Oaksdale Business Campus - Rezone 8' .1 j/ p D Rfor Zelman Renton LLC January 14, 1998 Y I It a { , • TR.A C F �, ;a18 1 S ° 1 5I. o -1- N I a V tIlil I... . < 5 N �N, I ,51.7L-D CITI JF RENTON ..u. I \ Planning/Building/Public Works Department Jess, Tanner,Mayor Gregg Zimmerman P.E.,Administrator March 3, 1998 Mr. Roland Colliander DNA Architecture 777 - 108th NE#400 Bellevue, WA 98004-5118 SUBJECT: Oaksdale Campus Rezone Project No. LUA-98-005,R,ECF Dear Mr. Colliander: This letter is to inform you that the comment and appeal periods have ended for the Environmental Review Committee's (ERC) Determination of Non-Significance for the above-referenced project. No appeals were filed. As you have previously been advised, a Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on March 10, 1998 at 9:00 AM to consider the Rezone. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. If you have any questions, please feel free to contact me at (425) 235-2719. For the Environmental Review Committee, 1j9; \ Peter Rosen Project Manager cc: Mr. John Wanamaker/Party of Record Zelman Renton L.L.C./Owners FINAL DOC 200 Mill Avenue South - Renton, Washington 98055 60 This pacer contains 50%recycled material,20%post consumer RFCEP/Fr, 16mmAdO 1998 Ut VtLUrivicki PLANNINl• RE NTON CITY OF WASHINGTON STATE DEPARTMENTOF Natural Resources JENNIFER M.BELCHER Commissioner of Public Lands DATE: February 20 , 1998 TO: Peter Rosen, Project Manager City of Renton Planning Department 200 Mill Avenue South Renton, WA 98055 FROM: David John Weiss Resource Protection Specialist South Puget Sound Region SUBJECT REVIEW OF: Oaksdale Campus Rezone ACTION SPONSOR: Roland C. Colliander PROJECT: Timber Harvest/Land Conversion [] We do not have an interest in the above project and have no comments on the proposal. [X] We do have an interest in the above project and wish to make the following comments: A *forest practices permit will be required for the harvest of timber associated with this project. cc: Dave Dietzman - SEPA Center - DNR SEPA#: 013045 SOUTH PUGET SOUND REGION 1950 FARMAN ST N I PO BOX 68 I ENUMCLAW, WA 98022-0068 FAX:(360)825-1672 I TTY:(360)825-6381 I TEL:(360)825-1631 `' -V33 Equal Opportunity/Affirmative Action Employer RECYCLED PAPER Ca CITY OF RENTON CURRENT PLANNING DIVISION I OF ERVICE BY MAILING On tie 11 ► day of "Fdertiz ni , 1997, I deposited in the mails of the United Status, a sealed envelope containing • delexw+Nnodhohs documents. This information was sent to: NamNarnLi Representing Deps rtment of Ecology Don -furter WSDOT KC V lastewater Treatment Division Larr'Fisher Washington Department of Fisheries Davi i F. Dietzman Department of Natural Resources Shir ey Lukhang Seattle Public Utilities Duw 3mish Indian Tribe Rod Malcom Muckleshoot Indian Tribe Joe Jainga Puget Sound Energy (Sic nature of Sender) 2...,w•Ck),A_IL ST/TE OF WASHINGTON ) SS COIJNTY OF KING ) I cE rtify that I know or have satisfactory evidence that SA*•a f1r� `k.. � ;F� signed this inst iument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: .44S.L.., (\ I eictY `—YYl 7T t Notary Public i and for the State of Washington Notary (Print) My appointment t OLYNICAPIAGHEFF— COMMISSION EXPIRES 6I20I110 Prcject Name: Qaksdate carer us ?eta," Prcject Number: LuA q 005, R, "`r NOT,iRY.DOC �;r CITE DF RENTON :.� A NS Planning/Building/Public Works Department Jess Tanner,Mayor Gregg Zimmerman P.E.,Administrator Februa y 11, 1998 Washir gton State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subjec : Environmental Determinations Transmitted herewith is a copy of the Environmental Determination and Environmental Checklist for the following project reviewed by the Environmental Review Committee (ERC) on February 10, 1998: DETERMINATION OF NON-SIGNIFICANCE OAKSDALE CAMPUS REZONE/LUA-98-005,R,ECF Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Location: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek. Appea Is of the environmental determination must be filed in writing on or before 5:00 PM March 2, 1998. Appeals must be fileli in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenu a South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)- 235-2`01. If you lave questions, please call me at (425) 235-2719. For tht, Environmental Review Committee, (:\ Peter iosen Project Manager cc: King County Water Pollution Control Division, Metro Larry Fisher, Department of Fisheries David F. Dietzman, Department of Natural Resources Don Hurter, Department of Transportation Shirley Lukhang, Seattle Public Utilities Duwamish Tribal Office Rod Malcom, Fisheries, Muckleshoot Indian Tribe (Ordinance) Joe Jainga, Puget Sound Energy AGNCSLTR.D©C\ 200 Mill Avenue South - Renton, Washington 98055 This paper contains 50%recycled material,20%post consumer %0 CIT` OF RENTON ha/ ' Planning/Building/Public Works Department J e Tanner,Mayor Gregg Zimmerman P.E.,Administrator February 11, 1998 Mr. Roland Colliander CNA A rchitecture 777- 108th NE#400 Bellev ie, WA 98004-5118 SUBJE:CT: Oaksdale Campus Rezone Project No. LUA-98-005,R,ECF Dear Mr. Colliander: This letter is written on behalf of the Environmental Review Committee (ERC) and is to inform you that they have comp)3ted their review of the environmental impacts of the above-referenced project. The Committee, on February 10 1998, lecided that your project will be issued a Determination of Non-Significance. The C ty of Renton ERC has determined that it does not have a probable significant adverse impact on the environment An En✓ironmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made by the ERC under the authority of Section 4-6-6, Renton Municipal Code, after review of a completed environmental checklist and o1 her information, on file with the lead agency. This information is available to the public on request. Appeals of the environmental determination must be filed in writing on or before 5:00 PM March 2, 1998. Appeals mug be filE d in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 MI' Avent e South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4 8-11B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425, 235-2 501. A Futile Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on th second floor of City Hall, Renton, Washington, on March 10, 1998 at 9:00 AM to consider the Rezone. If th Envirt)nmental Determination is appealed, the appeal will be heard as part of this public hearing. If you have any questions or desire clarification of the above, please call me at (206) 235-2719. For tr e Environmental Review Committee, Peter Rosen Project Manager cc: Zelman Renton L.L.C./Property Owners Mr. John Wanamaker/Party of Record DNSL R.DOC 200 Mill Avenue South - Renton, Washington 98055 EJ This paper contains 50%recycled material,20%post consumer CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE APPLICATION NUMBER: LUA-98-005,R,ECF APPLIC ANT: Zelman Renton. LLC PROJE.;T NAME: Oaksdale Campus Rezone DESCRIPTION OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for comme cial uses though no specific development plans are associated with this rezone application. LOCAT ON OF PROPOSAL: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek. LEAD A GENCY: City of Renton Department of Planning/Building/Public Works Development Planning Section This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fifteen (15) days. Appeal:; of the environmental determination must be filed in writing on or before 5:00 PM March 2, 1998. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4- 8-11 B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)- 235-25(1. PUBLICATION DATE: February 16, 1998 DATE CiF DECISION: February 10, 1998 SIGNATURES: 2_1(0(gq regg 2 i rri%erma , Administrator DATE Departniet of Planning/Building/Public Works L...r c 0 S -im ShE herd�or DAME P , � Facilities Department (.../d, 7, _{ L6-6-6 1- Fire Chief DATE Renton Fire Department DNSSIG.[)OC NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON, WASHINGTON The Environmental Review Committee (ERC) has issued a Determination of Non-Significance for the following project under the authority of the Renton Municipal Code. OAKSDALE CAMPUS REZONE LUA-98-005,R,ECF A non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). The 15 day comment and appeal period for this project will run concurrently and end at 5:00 PM on March 2, 1998. Following this, the City will finalize its Determination unless comments received require a reconsideration. Written comments and requests for reconsideration shall be forwarded to the Development Services Division Land Use Review Supervisor. Information on the project file is available at the Development Services Division, Third Floor, Municipal Building, Renton, Washington 98055. Phone: 235-2550. Appeal procedures are available in the City Clerk's office, First Floor, Municipal Building. A Public Hearing will be held by the Renton Hearing Examiner at his regular meeting in the Council Chambers on the second floor of City Hall, Renton, Washington, on March 10, 1998 at 9:00 AM to consider the Rezone. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. Publication Date: February 16, 1998 Account No. 51067 dnspub Noarricr4 ENVIRONMENTAL DETERMINATION POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: OAKSDALE CAMPUS REZONE PROJECT NUMBER: LUA-96-006,R,ECF Proposal for a non-project rezone of 14 acres from Medium Industrial(IM)to Arterial Commercial(CA). There Is an existing,unoccupied residence and several out-bulldings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Location:NW comer of SW 43rd Street and Oaksdale Avenue SW,South of Spdngbrook Creek. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed In writing on or before 6:00 PM March 2,1996. Appeals must be filed In writing together with the required$76.00 application fee with:Hearing Examiner,City of Renton,200 Mill Avenue South,Renton,WA 86055. Appeals to the Examiner are govemed by City of Renton Municipal Code Section 4-4-11B.Additional information regarding the appeal process army be obtained from the Renton City Clerk's Once,(425)-235-2501. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE SECOND FLOOR OF CITY HALL,RENTON,WASHINGTON,ON MARCH 10.1996 AT 9:00 AM TO CONSIDER THE REZONE, IF THE ENVIRONMENTAL DETERMINATION IS APPEALED,THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. II ..t a� / ` 0� /fir /:, _ f 1 y. I ��• if I IM f ( gig_ mar I _ I I ,rill ;, --• - �.ylt -. -Li NEIGHBORHOOD DETAIL MAP FOR FURTHER INFORMATION,PLEASE CONTACT THE CITY OF RENTON,DEVELOPMENT SERVICES DIVISION AT(425)235-2550. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. CERTIFICATION • I, �h n i lIV\0l,v) Y '-h , hereby certify that 3 copies of the above document were posted by me in 3 conspicuous places on or nearby the described property on Rbrytitaicly;, 1°i°t8 • Signed: e-in'1 Y►1 VV1l-h ATTEST: Subcribed and sworn before me, a Nortary public, in and for the State of Washington residing in` E n�t9� , on the 1 day of �. /4 5 P MARILYN KAMCHEFF COMMISSION EXPIRES 6/29/99 iliciinicE ENVIRONMENTAL DETERMINATION PO:,TED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJ ICT NAME: OAKSDALE CAMPUS REZONE PROJ=CT NUMBER: LUA-98-005,R,ECF Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Location: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of t.ie environmental determination must be filed in writing on or before 5:00 PM March 2, 1998. Appeals must be filed in writing together with the required$75.00 application fee with: Hearing Examiner,City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Co le Section 4-8-11B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office,(425)-235-2501. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CH>MBERS ON THE SECOND FLOOR OF CITY HALL, RENTON, WASHINGTON, ON MARCH 10, 1998 AT 9:00 AM TO CONSIDER THE REZONE. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. u a W� - rk -"T� , / 5, J O I i r� .h^P4 i- 1' � .,.__1 I 1 . G s AIM 4r 1 . 4,„ sT - iM} ,;.J i 1_-i a lay l:_ :1".^3A�r..` >.}AF. ".:1:£r, rw IIf"-'.m na.. ,10-• 1 v AURI NGT51.1 . „ ' F •N az2v• ;I I � ,t. d 'I8S J1L DI,,�STRI T '.1 elv.2 li II j ;I ,_ ?'". �� NEIGHBORHOOD DETAIL MAP«v srr. ` I r I �e T c Oaksdale Business Campus-Rezone �1 I rJ,,A MZe•nan Hanlon LLC January 1a,1998 i4!!..i 11 I i ... , .4 p FOR FUF;THER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT(425)235-2550. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION P13ase include the project NUMBER when calling for proper file identification. , t. STAFF City of Renton REPORT Department of Planning/Building/Public Works ENVIRONMENTAL REVIEW COMMITTEE A. BACKGROUND ER::MEETING DATE February 10, 1998 Pro ect Name Oaksdale Campus Rezone Apt licant Zelman Renton. LLC File Number LUA-098-005, R,ECF Pro ect Manager Peter Rosen Pro,ect Description Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Commercial (CA). There is an existing, unoccupied residence and several out- buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific development plans are associated with this rezone application. Prc iect Location NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek. Exi•;t. Bldg. Area gsf 1 unoccupied single-family Proposed New Bldg. Area gsf NA residence Sitl,Area 14.0 acres Total Building Area gsf NA RE COMMENDATION Staff recommends that the Environmental Review Committee issue a Determination of Non-Significance. / _ y- r► • 9 �� __�! K 1 1- L. Y \ 'f 1 in f [ m , .. t • 1 -' 9 fe a* • .rl O ..74.....o I� a� ,x f ..I. :. ~ . • _ Fr2 sr x i�'uu 'ir, �.a „u -f-- a.4r.r .4d�R'.a IL e�•t . : ; _ ,, .I!. tz•1 i s, •• or.TRI : '*.1 DIV2 i 1 N.... V rr Project Location Map I 1 :,4,! �y v' -' • "' ERCRPT.DOC kl NEIGHBORHOOD DETAIL MAP ::sr I ,I I • T E Oaksdale Business Campus-(Rezone ' If 1 .n•G .a i1.r.x ,.. City of Renton P/B/PW Department Environm Review Committee Staff Report OAKS DALE CAMPUS REZONE LUA-98-R, ECF REPOI'T OF FEBRUARY 10, 1998 Page 2 of 4 B. RECOMMENDATION Based on analysis of probable impacts from the proposal, staff recommend that the Responsible Officials make the following Environmental Determination: DETERMINATION OF DETERMINATION OF NON-SIGNIFICANCE NON- SIGNIFICANCE- MITIGATED. X Issue DNS with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with Concurrent 14 da A..eal Period. Issue DNS with 15 day Comment Period Issue DNS-M with 15 day Comment Period with Concurrent 14 day Appeal Period. followed by a 14 day Appeal Period. C. MITIGATION MEASURES No mitigation measures are recommended for the non-project rezone. D. ENVIRONMENTAL IMPACTS In compliance with RCW 43.21 C. 240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. Has the applicant adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development? Background The :ubject proposal is for a non-project rezone of approximately 14 acres from Medium Industrial (IM) to Corn nercial Arterial (CA). There are no specific development plans proposed for the property with this appli ration. Therefore, the following environmental analysis will not include a detailed discussion of those elem ants of the environment related to potential impacts associated with specific development plans and const ruction. A project-level environmental analysis will be required for future development proposals on the site. The Proposed non-project rezone would allow for a different range of land uses to be developed on the subject property. The present Medium Industrial (IM) zoning allows primarily manufacturing, processing, assembling, and Warehousing uses. Commercial retail and office uses are limited under the IM zone. The proposed rezone to Cc mmercial Arterial (CA) would allow for a wider range of commercial retail and service uses while limiting indu:trial uses. The potential impacts associated with the proposed rezone action are not easily quantified as with ,1 project level analysis. Therefore, the impacts are evaluated according to order of magnitude changes that coulc result with a change in the allowable land uses. There is also a temporal issue with evaluation of a non- project rezone. There are no construction impacts of a short-term nature associated with the proposal. Potential impacts of the proposed rezone would be due longer-term transitional changes of land use patterns. The :subject site is within the Employment Area-Valley (EAV) Comprehensive Plan designation. This land use desic nation was adopted by the City Council in the Fall of 1996, replacing the Employment Area-Industrial (EAI). desic nation. The process of evaluating the Comprehensive Plan amendment took into consideration resulting changes to the land use pattern. The potential long-term land use impacts of allowing a wider range of commercial uses and limiting industrial uses was evaluated during the process of adopting the EAV Com xehensive Plan designation. ERCF PT.DOC City a Renton P/B/PW Department Environm Review Committee Staff Report OAK DALE CAMPUS REZONE LUA-98-R, ECF REPOT?T OF FEBRUARY 10, 1998 Page 3 of 4 1. Earth Impel its: The proposed non-project rezone would not result in direct impacts to site topography or soils. This elemi ant will be evaluated when a specific development project is proposed on the site. Mitig(tion Measures: NA Nexus: NA 2. Air Impa:ts: The result of the proposed rezone would be to limit the range of allowable industrial uses while expai iding the range of commercial retail and service uses. This would result in a reduction of potential air impai;ts associated with industrial activities. Commercial uses would be likely to generate more auto trips than industrial uses (Refer to Transportation element below). Therefore, an increase in the level of auto emissions could be anticipated to be a result of the proposed rezone. The increase is not expected to be of an order of magr itude to be considered a significant impact. Mitigt rtion Measures: NA Nexus: NA 3. Water Impa;ts: The proposed non-project rezone would not result in direct impacts to water resources on the site or result in increased stormwater runoff. Potential impacts to this element will be evaluated when a specific deve opment project is proposed on the site. Mitiqition Measures: NA Nexus: NA 4. Transportation Irma;is: The proposed rezone would allow for a wider range of commercial retail and service uses while limiting indu:trial uses on the site. Commercial uses are expected to generate greater traffic volumes, both peak hour and verage daily trips. The magnitude of the increase would depend on the specific types of commercial uses that(evelop on the site. According to the ITE Manual, office uses could generate approximately 3 times the peak hour trips and retail uses approximately 9 times the peak hour trips compared to industrial warehouse use. How( ver, this estimate is based on a ratio of traffic trips per the square foot area of building. The developable floor area of commercial uses would be less than industrial development because of greater parking requi-ements. Therefore, it is difficult to accurately quantify the potential increase in traffic volumes that could resul with the proposed rezone. The impact of greater peak and daily traffic volumes is not anticipated to be a signil icant impact on the local circulation system. SW 43rd Street and Oaksdale Avenue SW are designated as princ pal arterials on the City of Renton Arterial Street Plan and the increased traffic volumes would be a relati rely minor contribution to the overall traffic volumes and cumulative effects of development in the area. The I)otential impacts of additional commercial development were evaluated with the Comprehensive Plan amersdment establishing the Employment Area-Valley (EAV) designation in the Valley. Adopted policies state that rezones to Commercial Arterial (CA) are appropriate particularly where a commercial use has access to SW 43rd Street. Mitiq 3tion Measures: NA Next s: NA ERCRQT.DOC City of Renton P/B/PW Department Environm( Review Committee Staff Report OAKS)ALE CAMPUS REZONE LUA-98-R, ECF REPOF T OF FEBRUARY 10, 1998 Page 4 of 4 5. Public Services Impac fs: The proposed non-project rezone would allow for development of commercial type uses over industrial uses. This is not expected to alter or increase the demand for public services or utilities serving the site. Potential impacts to public services and utilities will be evaluated when a specific development project is propo Jed on the site. Mitigation Measures: NA Nexu: NA 6. Land Use lmpac ts: The proposed rezone from Medium Industrial (IM) to Commercial Arterial (CA) would allow for a wider range of commercial retail and service uses while limiting industrial manufacturing, assembling and warehouse uses. The potential impacts of the proposed rezone would be related to transitional changes to land use patterns. The potential land use impacts of allowing a wider range of commercial uses and limiting industrial uses was evaluated during the process of adopting the Employment Area-Valley (EAV) Comprehensive Plan desig ration. The analysis included an evaluation of the land supply for industrial and commercial uses in the area. Mitigation Measures: NA Nexus: NA E. COMMENTS OF REVIEWING DEPARTMENTS The proposal has been circulated to City Departmental/Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/ar Notes to Applicant. X Copies of all Review Comments are contained in the Official File. Copies of all Review Comments are attached to this report. Env ronmental Determination Appeal Process Appeals of the environmental determination must be filed in writing on or before 5:00 PM March 2, 1998. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 200 Mill Avenue South, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Muni;ipal Code Section 4-8-11 B. Additional information regarding the appeal process may be obtained from the Rentm City Clerk's Office, (425)-235-2501. ERCF PT.DOC Trammell CrowCompany DEVELOPMENT PLANNING • February 4, 1998 C►iY OF RENTON Fib 06 1998 Mr. Peter Rosen, Project Manager RECEIVED Development Services Division 200 Mill Avenue South Renton WA 98055 RE: Oaksdale Campus Rezone Project LUA-98-005,R,ECF Dear Mr. Rosen: We have reviewed the proposal to rezone the 14 acres, identified as the Oaksdale Campus, from MI (Medium Industrial) to CA (Commercial, Arterial). We believe that this would allow the property to developed to its highest and best use. We also believe that the proposed zoning would be advantageous to the surrounding neighborhood. Please keep us informed of any future zoning action on this property. In addition to sending a notice to the registered property owner's address, please send an additional notice to the Property Manager. That address is as follows: Washington Capital Management c/o Trammell Crow Company 5601 South 6th Avenue Seattle, WA 98108 Sincerely, TRAMMELL CROW COMPANY 9)2_ John B. Wanamaker, CPM® Property Manager 5601 Sixth Avenue South P.O.Box 80326 Seattle,Washington 98108 206-762-4750 Fax 206-763-9871 Washington State Northwest.Region fl Department of Transportation 15700 Dayton Avenue North P.O. Box 330310 Sid Morrison Seattle,WA 98133-9710 Secretary of Transportation (206)440-4000 DEVELOPMENT TY OF REN ONE FEB 0 6 1998 RE:7, DATE: February 2, 1998 TO: Peter Rosen City of Renton, Project Manager 200 Mill Avenue South Renton WA 98055 Subject: SR 167 CS 1766 Notice of Application-Oakesdale Campus Rezone File No.LUA-98-005,R, ECF \W:P\V FROM: Robert A. Josephson, PE, Manager of Planning & Local Coordination Washington State Department of Transportation Northwest Region 15700 Dayton Avenue North, MS 122 P. O. Box 330310 Seattle, WA 98133-9710 Thank you for giving us the opportunity to review this project, which is located on the northwest corner of SW 43rd Street and Oakesdale Avenue SW, south of Springbrook Creek. Our response is below: We have reviewed this subject document and have no comments. The Project will have no significant impact on the state highway system. If you have any questions, please contact Don Hurter at 440-4664 or Vickie Erickson at 440-4915 of my Developer Services section VEE:vee File Name City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWI 4G DEPARTMENT: h61tCe COMMENTS DUE: FEBRUARY 2, 1998 APPLICATION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 1998 APPLICANT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek SITE AREA: 14 acres I BUILDING AREA(gross): one single family residence existing SUMMAFY OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific develops-ent plans are associated with this rezone application. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element c.t the Probable Probable More Element of the Probable Probable More Environm?nt Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation LancVShot dine Use Utilities Animals Transportation Environrrx nfal Health Public Services a� Energy/ HistoriciCultural Natural RI sources Preservation Airport Environment 10,000 Feet 14,000 Feet • J7d/ . Z', _ 7 2y.. '-71--24/24 impact zrn ).0 (-C2A B. PC LICY-RELATED COMMENTS C. C(IDE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to pr erly assess this proposal. 417c-4149, 1>4.-) & /D - `Jk Signfdture of Director or Authorized Representative Date DEVAPP.DOC Rev.10/9: City 'en ton Department of Planning/Building/F Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEV),ING DEPARTMENT: PS COMMENTS DUE: FEBRUARY 2, 1998 APPLICiTION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 1998 APPLICI.NT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek SITE AREA: 14 acres BUILDING AREA(gross): one single family residence existing SUMMARY OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require e Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developrient plans are associated with this rezone application. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element )f the Probable Probable More Element of the Probable Probable More Environs,ent Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shc-cline Use Utilities Animals Transportation Environrr?ntal Health Public Services Energy/ Historic/Cultural Natural Rasourres Preservation Airport Environment 10,000 Feet 14,000 Feet B. PC LICY-RELATED COMMENTS C. CODE-RELATED COMMENTS /? )1 7ic.)44 We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where ad iltional information is needed to ,yperly assess this proposal. _ (/011/7) • nat re of i ctor or Authorized Representative DEVAPP.DOC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEW NG DEPARTMENT: GANtleuchavk S v((j COMMENTS DUE: FEBRUARY 2, 1998 APPLIC,TION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 1998 APPLICP NT: Zelman Renton L.L.C. PROJECT MANAGER: Peter REO�' PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 �g�� LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek jf3 2 u SITE AREA: 14 acres I BUILDING AREA(gloss): one sin le fr Io,6i existing SUMMARY OF PROPOSAL: Proposal for a non project rezone of 14 acres from Medium Inds ��( Mri— )to Arterial Commercial (CA). TF ere is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developr lent plans are associated with this rezone application. A. EN/IRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element, f the Probable Probable More Element of the Probable Probable More Environn ent Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Sho eline Use Utilities Animals Transportation Environm?ntal Health Public Services Energy/ Historic/Cultural Natural R?sources Preservation Airport Environment 10,000 Feet 14,000 Feet B. PC LICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where a itional information is needed toproperly assess this proposal. e7.f7t //,/(7," gnature of Di for or Aut orized Represent we Date P DEVAPP.APP.DDC Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8, DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:"C 9 b fi Qv\ COMMENTS DUE: FEBRUARY 2, 1998 rt'ON APPLICATION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 19esr�O E�t:t1 APPLICANT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 Atsi LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek W.,'I,J�ILU11Vh UwIIS%Or1 SITE AREA: 14 acres BUILDING AREA(gross): one single family residence existing SUMMARY OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developer ent plans are associated with this rezone application. A. EN1/IRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element c f the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shor dine Use Utilities Animals Transportation Environmr ntal Health Public Services Energy/ Historic/Cultural Natural R(sources Preservation Airport Environment 10,000 Feet 14,000 Feet B. PO'ICY-RELATED COMMENTS C. CC DE-RELATED COMMENTS A) GD i ciiZ dr, ✓eZOkle , We have •eviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Ja ►/z I/R '. Signature of Director or Authorized Representative Date D EVAPP.DC)C Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ujo*uroty_ COMMENTS DUE: FEBRUARY 2, 1 3y APPLICATION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY,1098 APPLICANT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen , cl PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Cre `_�r ' V,�1���N SITE AREA: 14 acres I BUILDING AREA(gross): one single family residence existing SUMMARY OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). There is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developrr ent plans are associated with this rezone application. A. EN"/IRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element c f the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shot?line Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural R<sources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CC DE-RELATED COMMENTS �l; cowEwi2wt '711 ✓czahe . We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. /us ,./z i? Signature of Director or Authorized Representative Date DEVAPP.D(C Rev.10/93 City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL 8 DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: 1'‘a4vN Review _ watt_ COMMENTS DUE: FEBRUARY 2, 19O of c711/41TC'M APPLICATION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 1998 JAt '' 1998 APPLICANT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 BUli_v,.v.. ....iv rvS'..Jiv LOCATION: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek SITE AREA: 14 acres I BUILDING AREA(gross): one single family residence existing SUMMAF'Y OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). Thmre is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developer ent plans are associated with this rezone application. A. ENt'IRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element c I the Probable Probable More Element of the Probable Probable More Environm?nt Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shot aline Use Utilities Animals Transportation Environrm ntal Health Public Services Energy/ Historic/Cultural Natural Rt,sources Preservation Airport Environment 10,000 Feet 14,000 Feet B. PC LICY-RELATED COMMENTS C. CC DE-RELATED COMMENTS QUO Gciwlwl vvi VeOYIt We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where ac ditional information is needed o,�roperly assess this proposal. \)ej all Signature of Director or Authorized Representative Date I/2 0 8 DEVAPP.DDC Rev.10/93 RENTON FIRE DEPT City of Renton Department of Planning/Building/Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIE�WC H� T REVIEWING DEPARTMENT: 1 We rveUtAlhON COMMENTS DUE: FEBRUARY 2, 1998 ;ElVED APPLICATION NO: LUA-98-005,R,ECF DATE CIRCULATED: JANUARY 19, 1998 APPLICANT: Zelman Renton L.L.C. PROJECT MANAGER: Peter Rosen PROJECT TITLE: Oaksdale Campus Rezone WORK ORDER NO: 78329 LOCATICN: NW corner of SW 43rd Street and Oaksdale Avenue SW, South of Springbrook Creek SITE AREA: 14 acres I BUILDING AREA(gross): one single family residence existing SUMMARY OF PROPOSAL: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM)to Arterial Commercial (CA). Th!re is an existing, unoccupied residence and several out-buildings present on the site. The proposed rezone does not require a comprehensive Plan Amendment. Future development of the site would be for commercial uses though no specific developrr ent plans are associated with this rezone application. A. ENVIRONMENTAL IMPACT(e.g. Non-Code) COMMENTS Element o'the Probable Probable More Element of the Probable Probable More Environm)nt Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shot)line Use Utilities Animals Transportation Environnx ntal Health Public Services Energy/ HistoridCultural Natural Pr sources Preservation Airport Environment 10,000 Feet 14,000 Feet /V d /Q_I 0 6 -Y'^'`}4rr/ ). /VQ t , V / B. PC LICY-RELATED COMMENTS /tj I _____ C. CODE-RELATED COMMENTS 1 t 4 We ha e reviewed this a ication with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where dditional inform ' n is needed to properly assess this proposal. t '112� urnDirector or Autho' d Representative Date / Sin of p DEVAPP.0 DC Rev.10/95 !_ — $ © CITY OF RENTON 'NIL Planning/Building/Public Works f°}6' c �' � �—' 200 Mill Avenue South - Renton,Washington 98055 c CZ r JAM 2�'9 8 0 .2 9 5 ADDRESS SERVICE REQUESTED A tt # 41 .. N I '44 ;SO P�!�9' ATAGE : NOT DELIVERAB / NO SUCH# AS ADDRESSED urvAliLE U rux WARD _ ' t'crn cd `q nil c DINSUFFICIENT ADD SSPTED'NOT KNOWN_ REFUSED 14120 S.u,. 43 t-d. 5t. VACANT D UNCLAIMED MOV R CLOSED LEFT NO ADDRESS neA�n ivA. QQOGC NO RECEPTACLE OFWD I D J INITIALS `_1 i Jj L T i t t RETURN IC SENDER ,-'_; .3 WI ,C�J „r. i i i i i li; ° i i !i 1� ii i a -�, _. f 1 i;isii isiii:Win;;ii::i:;:i.:<<IIIi:iii:;:i t__._.__�.__.....�... , ..t1� Ii,l„!„I,il,,,,I,I„l,l„,li,i © CITY OF RENTON _ Planning/Building/Public Works 'cc E 200 Mill Avenue South - Renton, Washington 98055 JAN 2 1'9 b OW'% -co 0 ,2 9 v ' cc ADDRESS SERVICE REQUESTED Np4Piiz -1ft Nl I N404 #. p 7AGE * • • Bruce W&Nancy J Solly 8009 S 180th St#104 Kent, WA 9803 •?1J�..1,VV7�+ 7tJt/:.l C.1.1 T'•/lam .�./171J .J� �.!�l.! Cam)! �JtJ FORWARD TIME EXP RTN TO SEND SOLLY•' BRUCE W 415 BAKER oLvD #2O0 TUKWILA WA 98188-2906 RETURN Tf1 SFNTIPO AUTO •w,40# 0. I •= I I CITY OF RENTON DEVELOPMENT SERVICES DIVISION LIST OF SURROUNDING PROPERTY OWNERS within 300 feet of the subject site ... . PROJECT NAME: 014C5OM-E EUSINE-% CAMA)S- SOOTH OF SPRINCBROOK CREEK A'PLICATION NO: WA• 9 B. 005,'Q, e.t TIie following is a list of property owners within 300 feet of the subject site. The Development S arvices Division will notify these individuals of the proposed development. NAME ADDRESS ASSESSOR'S PARCEL (Gat-be,v- Assoc. 791 9 5 , l80 NUMBER �-F. 56 2.304 clop hoc Ke vt Ubfj . 98o3 2. 5;:a.i1lc F,;-s 1301 C'{-t, a,,e 4-3636> (Z5371o05-065 1\1 l. f3u•A e f t VJ c s c& Sewt�lt I��:-s� t3cI 5F4. A,,-t 3636 IlS3716olcjcJc, A[ bidvc l 'ck Sea0-1e. to,4 q2c, , ke,At 220 41q, lac S. tZ5371clocou 3 K e� Ac . 9 So 3 2- 5"�%er.nc..� Cctinc.A Co . 14412cD 5. O(1. 43rd. , 362304 90045v Re41,1. (�f{- �e Cc4-pbe(1 1.S02 5. '. 4 3tr.c1 St 362 304 C/0 42 0 Re-vtfa n .OU A y oT` 12eic - ' MO A0 e S S . 3 6 2. 364 lac> Zo G 2R- 1+6vt (J-.4 9$05 5 36 Z 304 4o? Io2 S•i'eArAco Qe. ,i Ce. 85(2- I1Z., d. .4.►. IU.E. 342364,103 Zoo eeolwa/Id dL'.,4 et2o5Z 362.3047o33oct IJC'ackw- Asroc c/o Ile tYlael.c3oP' Cn 36Z3detalooc) 415 I3 - 3tLid # Zod T�k cx (a ck'A . eta182 Coscadt Fe ta+4.l Cr c1;¢, F. o. 3eX SP4-5o 3 6 Z 30 4 q'd 9 6d 3 stetttrk W.a 4Bc38 Q<'KrM i{cL t—'� C�/o M cE(-rb}c c -4dc. 7E Z 30 4 a{oo to-7 P. o. 30c 5.65048 S31504- t(a X. TX Z 5 3 S o • J k 6e,heirey4 Co. Idol 44k Aue. # 4-7eo 62 1�4 03 Sea it. tJC1� a8cs� C !�,�e_r, (Attach additional sheets, if necessary) JAIL 1 ! j998 OEVELU#..h;:\Y t,L1�" lNG CITY OF RENTON (Continued) NAME ADDRESS ASSESSOR'S PARCEL NUMBER / Applicant Certification 1, 1,AiPiegc. 4-f-e),Y1,76 AI , hereby certify that the above list(s) of adjacent property (Print Name) owners and their addresses were obtained from: ❑ City of Renton Technical Services Records ❑ Title Company Records 0 King County Assessors Records Signed (a — Date "3 - 4QQ0•a-sMEh, .-7 . ( pplicant) �Q� NpTARY 9N NOTARY • ♦ i 1 ATTESTED: Subscribed and sworn before me, a Notary Public, in and for @�S{2{a ofi asjtgp1 esiding at Po'4AN.Q.UI_ , ( .)* on the ‘3'"` day of ':CV ilte,k0 hit t,k il 3igne• tiO¢t_x�Cty . l.LJ� °F Wuq,S11wo (Notary Public) I •+,.*For City of Renton Use++* CERTIFICATION OF MAILING I, IL,. *-, hereby certify that notices of the proposed application were mailed to {City Employee} etch listed property owner on 4 * • P gig, et' _., a* - -t. Date: 1' " ' NOTARY ATTEST: Subscribed Subscribed and sworn before me, a NotaryPublic, in and for the State of Washington iresiding at 1(0L4�5 5 e" /'/5 o n the a 1 day of C6rivi , 19 Signed 4..,'1"Y'1 `7 YV ,istprop.doc MARILYN KAMC" 'FFF REV 07/95 2 COMMISSION EXPIRES L/29/99 . OLD REPtBLIC TITLE t ESCROW ■ • Seattle Property Information 1201 3rd Ave #1410 Seattle, WA 98101 Phone (206)521-8530 Fax (206) 689-8548 ■ • ht_L L.) UN/ LAWRENCE HOUSTON CNA ARCHITECTURE INC. 777 108TH AVE NE#400 Jar 1 . ►�.,� BELLEVUE WA 98004 PROJECT: PROJ.NO: FI!-E Date 01/12/98 Prepared By : JEROLD Fax Number ( ) Number of Pages ********************* * SEARCH PARAMETERS * ********************* ********************************************************************* * ITEMS SELECTED INDEX USED ********************************************************************* * * * 362304 9045 Parcel Number * 362304 9002 * * 362304 9005 * * 362304 9004 * * 362304 9063 * * 362304 9091 * * 362304 9103 * * 362304 9101 * * 362304 9100 * * 362304 9096 * * 362304 9086 * * 362304 9071 * * 362304 9001 * * 362304 9033 * * 362304 9032 * * 125371 0010 * ********************************************************************* # of Parcels Found = 20 Property Sort Order = Site Address Comments : Lij,*(itz* * *, OLD REPUBLIC Prospecting List Ili ** TITLE AND ESCROW Parcel Number Owner Name Site Address Assess Val Phone Number 362304 9086 BARBER ASSOCIATES 7979 S 180th St Kent WA 98032 $1,589,200 362304 9096 CASCADE FEDERAL CREDIT U 18020 80th Ave S Kent WA 98032 $950,100 206-284-5156 362304 9004 CITY OF KENT 18201 80th P1 S Kent WA 98032 $3,859,900 362304 9103 CITY OF KENT *No Site Address* Kent WA $33,700 362304 9002 CITY OF RENTON 7400 SW 43rd St Renton WA $67,300 362304 9091 DRAINAGE DIST 1 18101 80th Ave NE Bothell WA 98011 $15,000 362304 9005 MANNESMANN TALLY CORP 8301 S 180th St Kent WA 98032 $5,036,000 253-251-5500 362304 9063 MANNESMANN TALLY CORP 8301 S 180th St Kent WA 98032 $965,200 253-251-5500 362304 9001 RENTON BUILDING 1-7 1001 SW 41st St Renton WA 98055 $38,242,800 362304 9001 RENTON BUILDING 1-7 1001 SW 41st St Renton WA 98055 $38,242,800 362304 9001 RENTON BUILDING 1-7 1001 SW 41st St Renton WA 98055 $38,242,800 362304 9001 RENTON BUILDING 1-7 1001 SW 41st St Renton WA 98055 $38,242,800 125371 0010 SEATTLE FIRST NATIONAL BA 7611 S 180th St Kent WA 98032 $3,732,800 362304 9101 Solly,Bruce W&Nancy J 8041 S 180th St Kent WA 98032 $788,900 425-251-5000 362304 9033 STERNCO INDUSTRIAL PROP 1600 SW 43rd St Renton WA 98055 $1,338,600 362304 9032 STERNCO LAND CO 1600 SW 43rd St Renton WA 98055 $653,200 362304 9045 STERNCO LAND CO 14120 43rd Ave S Seattle WA 98168 $2,446,800 362304 9045 STERNCO LAND CO 14120 43rd Ave S Seattle WA 98168 $2,446,800 362304 9071 STERNCO RENTON CENTER 1600 SW 43rd St Renton WA 98055 $1,417,600 362304 9100 WACKER ASSOC 8009 S 180th St Kent WA 98032 $1,878,000 Property Information Center, 1201 Third Ave#1410,Seattle,WA 98101 (206)521-8530 Fax: (206)689-8548 File Name: 20BURL The information provided is deemed reliable,but is not guaranteed. / CIT`_ OF RENTON Planning/Building/Public Works Department Jesse Tanner,Mayor Gregg Zimmerman P.E.,Administrator January 21, 1998 Mr. Roland Colliander CNA Architecture 777 - 108th NE#400 Bellevue, WA 98004-5118 SUBJECT: Oaksdale Campus Rezone Project No. LUA-98-005,R,ECF Dear Mr. Colliander: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on February 10, 1998. Prior to that review, you will be notified if any additional information is required to continue processing your application. The date of Tuesday, March 10, 1998, at 9:00 AM, has been set for a public hearing to review the above-referenced matter. The hearing, before Mr. Fred Kaufman, Renton Hearing Examiner, will be held in the Council Chambers on the second floor of City Hall, Renton, Washington. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. Please contact me, at (425) 235-2719, if you have any questions. Sincerely, ecf . Peter Rosen Project Manager cc: Zelman Renton L.L.C./Property Owners AcrRATR DO- 200 Mill Avenue South - Renton, Washington 98055 ica • NOTICE OF APPLICATION PLANNING/BUILDING/PUBLIC WORKS DATE: JANUARY 20,1998 A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NUMBER/NAME: LUA-98-005,R,ECF/OAKSDALE CAMPUS REZONE DESCRIPTION: Proposal for a non- Anenal Commercial(CA).There is an exist) paled rezoneresidence dseveralf 14 out-buildingsacres from present Industrial(IM)to proposed rezone does not require a Comprehensiv unoccupiedla Amendment. developmentFuture of t ent on wouldo side. to, commercial uses though no specific development plans are associated with this rezone application.of GENERAL LOCATION: NW comer of SW 43rd Street end Oekadale Avenue SW.South of Spring brook Creek STUDIES REQUIRED/OR AVAILABLE: N/A PUBUC APPROVALS: Environmental Review Rezone Comments on the above application must be submitted In wining to Peter Rosen,Project Manager,Development • Services Division,200 Mill Avenue South,Renton,WA 98055,by 5'00 PM on March 02,1998.This matter Is also scheduled for a public hearing on MARCH 10.1998 at 9:00 AM.Council Chambers,Second Floor Municipal Building, 200 Mill Ave.South.If you are Interested In attending the hearing,please contact the Development Services Division, (425)277-5582,to ensure that the hearing has not been rescheduled.If comments cannot be submitted In writing by the dale indicated above,you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner.If you have questions about this proposal.or wish lobe made a party of record and receive additional information by mall,contact Mr.Rosen at(425)235-2719.Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPUCATION: JANUARY 18,1998 NOTICE OF COMPLETE APPLICATION: JANUARY 20,1998 DATE OF NOTICE OF APPLICATION: JANUARY 20,1998 i �; •'' . SENANlOT.not. ``I • ,.; NEIGHBOR HOOD DETAIL MAP• OwMeN Bwma.Ca,,,pa.Reye„e CERTIFICATION • I, tre42 ( 1 , hereby certify that copies of the above document were poste by me in 3 conspicuous places on or nearby the described property on (It,, q-7V, /f . Signed: ATTEST: Subcribed and_sworn before me, a Nortary Public, m and for the State of Washington residing g on the tea- day ofG?,,) `" --77) 'ir--&'4-6.'ke MARILYN KAMCHFFF COMMISSION EXPIRES 6/29/99 &Ircile- e 'eP- Nrc NOTICE OF APPLICATION PLANNING/BUILDING/PUBLIC WORKS DATE: JANUARY 20, 1998 A Master App ication has been filed and accepted with the Development Services Division of the City of Renton. The following brief y describes the application and the necessary Public Approvals. PROJECT Nt.MBER/NAME: LUA-98-005,R,ECF / OAKSDALE CAMPUS REZONE DESCRIPTIO J: Proposal for a non-project rezone of 14 acres from Medium Industrial (IM) to Arterial Comrr ercial(CA). There is an existing,unoccupied residence and several out-buildings present on the site. The proposed rezc ne does not require a Comprehensive Plan Amendment. Future development of the site would be for commercial w es though no specific development plans are associated with this rezone application. GENERAL LC CATION: NW corner of SW 43rd Street and Oaksdale Avenue SW,South of Springbrook Creek STUDIES REQUIRED/OR AVAILABLE: N/A PUBLIC APPI{OVALS: Environmental Review Rezone Comments on the above application must be submitted in writing to Peter Rosen,Project Manager,Development Services Divi:ion,200 Mill Avenue South,Renton,WA 98055,by 5:00 PM on March 02,1998. This matter is also scheduled for a public hearing on MARCH 10,1998 at 9:00 AM,Council Chambers,Second Floor Municipal Building, 200 Mill Ave. South. If you are interested in attending the hearing,please contact the Development Services Division, (425)277-558?,to ensure that the hearing has not been rescheduled. If comments cannot be submitted in writing by the date indicated above,you may still appear at the hearing and present your comments on the proposal before the Hearing Examiner. If ou have questions about this proposal,or wish to be made a party of record and receive additional information by mail,contact Mr.Rosen at(425)235-2719. Anyone who submits written comments will automatically become a par y of record and will be notified of any decision on this project. PLEASE INC LUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DATE OF APPLICATION: JANUARY 16, 1998 NOTICE OF COMPLETE APPLICATION: JANUARY 20, 1998 DATE OF NOTICE OF APPLICATION: JANUARY 20, 1998 I •AA. i i m - t'b4Ft m , • t I ,., 111 a . /A 43R.l,.sr .. r ✓ � y 5r'•'a,r tr w7;4,.,,,.. 31K....M10 e .i e. • At!� ILLIA�� i I 2 o/�sr A.xen.'a ny p;�__��°1 • mr.e. , y 9URL N6TJN= Og7{�ryJ10 • f y I .mow a• . Iz 1 z ,INJUSWM D TRI:T VO.I DIV.2 I "::::77,:. '* , + ...„.77.-77- ''CI 1 _______..._......„ GENMALOT.DOC ;; li p`��� NEIGHBORHOOD DETAIL MAP sr I t r. Oaksdale Business Campus-Rezone r)clman Rnntonll[: 't! ,AA F 1 ItniTry n 1 P • CITY OF RENTON DEVELOPMENT SERVICES DIVISION: MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION Note: If there is: nora than one legal owner, please attach an additional notarized Master Application for each owner. PROJECT OR DEVELOPMENT NAME: NAME: ZELMPsN t.I44TON L.L..G. OM'CSON E E;ustNESS Cp'MPU5 I ZONE PROPERTY/PROJECT ADDRESS(S)/LOCATION: ADDRESS: 7C-1 WILSHIRE. BOULEVP,RD NORTH CV S.W. 43rd STRUT SOUTH c 5t'rre 303co SPRINe,3RicoK CREEK o. VVE;ST of oo.KSDP AVEMUE s.& CITY: LOS P.416ELE.5 CA ZIP: 9GOI? KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 3Co204-9045-O TELEPHONE NUMBER: (213) 553• 2I15 EXISTING LAND USE(S): RESIDENTIAL. (UNOCCUPIED) APPLICANT (if other than owner) PevR1C.ULTUR PROPOSED LAND USES: NAME: AKTERIPI. COMMERLIN- ( GP) PANY (if applicable): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: EMPLOYMENT ftRE - VN-1..e`f ADDRESS: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): NO C.>;-1PN&E PRCmser, CITY: ZIP: EXISTING ZONING: RFG NEA 1-M MEDIUM INDUST 4?L JAN 16 1998 TELEPHONE NUMBER: PROPOSED ZONING iif applicable): �E�CrrV N7 pow PRTEJri1PL C fr\MERGIPL ( 'J'teNrolvNiNG CONTACT PERSON SITE AREA (SQ. FT. OR ACREAGE): NAME: F4DLINND C . GDLLtP'NOel 12.3 P RES OWNCO 1,1 POKES P.OJAcGu4 14.o POKES TO RZZONE_ COMPANY (if applicable): C N A pR�CI411 C.T Oil PROJECT VALUE: PPvFoSAL coES NOT INCLUDE DES1644 P O CONSTRUCTION 1 ADDRESS: 1T1 108' NE *4c0 IS THE SITE LOCATED IN THE AQUIFER PROTECTION AREA? NO BELLE+lt)E, WA ZIP: 98004-5118 IS THE SITE LOCATED IN ANY OTHER TYPE OF ENVIRONMENTALLY SENSITIVE AREA? NO TELEPHONE NUMBER: 425- ib?;01-3355 I LEGAL DESCRIPTF OF PROPERTY (Attach separat feet if necessary) I prrpc 4eo HERE. Tb TYPE OF APPLICATION & FEES Check all application types that apply--City staff will determine fees. _ ANNEXATION $ SUBDIVISION: COMP. P_AN AMENDMENT $ rc REZONE $i00,CO LOT LINE ADJUSTMENT $ _ SPECIAL PERMIT $ _ SHORT PLAT $ _TEMPORARY PERMIT $ _ TENTATIVE PLAT $ _ CONDITI JNAL USE PERMIT S _ PRELIMINARY PLAT $ — SITE PLAN APPROVAL $ _ _ FINAL PLAT $ _ GRADE Ft. FILL PERMIT $ (NO CU. YDS: 1 PLANNED UNIT DEVELOPMENT: $ _ VARIANCE $ (FROM SECTION: 1 _ PRELIMINARY _ WAIVER $ _ FINAL _ WETLAND PERMIT $ _ ROUTINE VEGETATION MOBILE HOME PARKS: $ MANAGEMENT PERMIT $ _ BINDING SITE PLAN $ SHORELINE REVIEWS: _ SUBSTANTIAL DEVELOPMENT $ — CONDITIONAL USE $ _ VARIANCE $ _ EXEMPTION $No Charge ?ENVIRONMENTAL REVIEW $ 1. OU REVISION $ AFFIDAVIT OF OWNERSHIP I, (Print Name) K\CL5-1.f1` \-- )(r , declare that I am (please check one)X the owner of the property involved in this application, _the authorized rep esentative to act for the property owner (please attach proof of authorization), and that the foregoing stateme ieitill j r��s herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and b p M I/1// } 1 ATTEST: Subscribed and sworn to befog me/ aJ y li and Z .`v\c4 \ D� 1..0 fort Statef of (,JJ f} residing a • P . • : :ture :nerIRePreSe:tativeI , (.()A-a-t. ignature of Notary Public) ow ilivow'� (This secti to be co pleted by City Staff.) Cit'1 File Number: kVA qf'(, ECF SA SHPL CU LLA PP FP TP SP RVMP V AAD W FPU7�" SMI SME MHP BSP A CPA TOTAL FEES: $ ' •0{'el TOTAL POSTAGE PROVIDED: $ 7 , c1 MASTERAP.DO. REVISED 9/96 .TAN-15-1998 14:46 THE ZELMAN COMPANIES 213+533+8118 P.02 THE ZELMAN COMPANIES TC.'WLS.-I.PF, eCJLEVAP .SJITE:3r.rhi • !C)S.,NGELES. ^A 3C017 • -ELE,HCNE .5::.3•S+CC • FAX .2'n) January 14, 1998 VIA FAX NO. 425/277-4455 Ms. Jana Huerter City of Renton 200 Mill Avenue South Renton, Washington 98055 Re: Former Sterna) Site Renton. Washington Dear Ms. Huerter: This letter shall authorize Dick Burr to execute the zoning application on behalf of Zelman Renton, LLC. Sincerely, ZELMAN RENTON, LLC By ZELMAN INDUSTRIAL PARTNERS, INC. By: Brett M. Foy Vice President BRlam cc: Ben Reiling Paul T. Casey Dick Burr br ht rter renwe:0114 ZELMAN CE' ELOFMENT,^,O. ZEL'IIH.N,vC!.STRiAL,PA •T'N,ERS.INC. ZE_MAN PETAL,a.4F NE^S. INC. •:At FC""`: TOTAL P.02 Zelman Development Site Property Description: South of Springbrook Creek Parcel H: The West 85 Feet in width of the following described property: That portion of the Northwest quarter of the Northeast quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, described as Follows: BEGINNING at a point on the North side of S.W. 43rd Street which is 943. 04 Feet East of the Northeast corner of Henry Adams Donation Land Claim No. 43, in Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington; THENCE East 353. 04 Feet, along the North side of said street; THENCE North 562. 16 feet to Spring Brook Slough Drainage Ditch No. 1; THENCE Westerly, along the South side of said ditch, 334. 12 Feet to the East line of a 5-acre tract deeded to Winston as recorded in Volume 580 of Deeds, page 207, in King County, Washington; THENCE Southerly, along said line, 472. 1 Feet to the POINT OF BEGINNING; EXCEPT that portion thereof condemned in King County Superior Court Cause Number 81-2-08117-7 For widening of S.W. -43rd Street. Parcel I : That portion of the Northwest quarter of the Northeast quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, described as Follows: BEGINNING at a point on the North side of S.W. 43rd Street which is 943. 04 Feet East and 30 feet North of the Northeast corner of Henry Adams Donation Land Claim No. 43, in Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington; THENCE East 353. 04 feet, along the North side of said street; THENCE North 562. 12 feet to Spring Brook Slough Drainage Ditch No. 1; THENCE Westerly, along the South side of said ditch, 334. 12 Feet to the East line of a 5-acre tract deeded to Winston as recorded in Volume 580 of Deeds, page 207, in King County, Washington; THENCE Southerly, along said line, 472. 1 Feet to the POINT OF BEGINNING; EXCEPT the Westerly 85 feet thereof in width; and EXCEPT that portion thereof condemned in King County Superior Court Cause Number 81-2-08117-7 for widening of S.W. 43rd Street. Parcel J: The East 393-1/2 Feet of the Northwest quarter of the Northeast quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, lying south of Spring Brook Slough Drainage Ditch No. 1; EXCEPT that portion thereof For S.W. 43rd Street right-of-way; and EXCEPT the South 20 Feet of said premises conveyed to the City of Renton for widening of S.W. 43rd Street by deed recorded under Recording Number 5895689; and EXCEPT that portion thereof condemned in King County Superior Court Cause Number 81-2-08117-7 For widening of S.W. 43rd Street. Parcel Li That portion of the Northwest quarter of the Northeast quarter and of the Northeast quarter of the Northwest quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, described as follows, BEGINNING at a point which bears East 556 feet and North 30 feet From the Northeast corner of the Henry Adams Donation Land Claim No. 43 being parts of Sections 35 and 36 in Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington; THENCE North 308. 10 Feet to the centerline of Spring Brook Slough Drainage Ditch No. 1; THENCE, along said centerline of ditch, South 64' 45' 00' West 89 Feet; THENCE South 48' 45' 00' West 97 feet; THENCE South 37' 24' 50' West 259.9 feet to the point which is due West of the POINT ❑F BEGINNING; THENCE East, along the North margin of county road, 311 .14 Feet to the POINT OF BEGINNING EXCEPT right-of-way For said drainage ditch right-of-way; and EXCEPT that portion thereof condemned ;n King County Superior Court Cause Number 81-2-08117-7 For widening of S.W. 43rd Street. Parcel N, That portion of the Northwest quarter of the Northeast quarter of Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County, Washington, described as follows, BEGINNING on the North tine of the county road at a point which is 943.04 Feet East and 30 Feet North of the Northeast corner of Henry Adams Donation Land Claim No. 43 in said Township and Range; THENCE North 03' 49' 00' East 495.8 feet, more or less, to the centerline of the drainage ditch; THENCE, along said ditch line, South 66' 03' 00' West 209.93 Feet; THENCE South 409.46 Feet to the North line of said county road; THENCE East, along said road line, 158.85 feet to POINT OF BEGINNING; EXCEPT right-of-way For said drainage ditch; and EXCEPT that portion thereof condemned in King County Superior Court Cause Number 81-2-08117-7 For w den ;ng of S.W. 43rd Street. DEVELOPMEf "ANNING CITY OF RENTON JAN 16 1998 THE ZELMAN COMPANIES RECEIVED 707 WILSHIRE BOULEVARD, SUITE 3036 • LOS ANGELES, CA 90017 •TELEPHONE (213) 533-8100 • FAX (213) 533-8118 January 14, 1998 VIA FAX NO. 425/277-4455 Ms. Jana Huerter City of Renton 200 Mill Avenue South Renton, Washington 98055 Re: Former Sterna) Site Renton, Washington D ear Ms. Huerter: This letter shall authorize Dick Burr to execute the zoning application on behalf of Zelman Renton, LLC. Sincerely, ZELMAN RENTON, LLC By: ZELMAN INDUSTRIAL PARTNERS, INC. By: Brett M. Foy Vice President B R/am cc: Ben Reiling Paul T. Casey Dick Burr br huerter renton01 14 ZELMAN DEVELOPMENT CO. ZELMAN INDUSTRIAL PARTNERS,INC. ZELMAN RETAIL PARTNERS,INC. A CALIFORNIA CORPORATION A CALIFORNIA CORPORATION A CALIFORNIA CORPORATION January 14, 1998 MEMO RE: Oaksdale Business Campus- South of Springbrook Creek Rezone Application from I-M to CA (12.3 acres). Item 8. Project Narrative Proiect Narrative: The proposed Oaksdale Business Campus site is located in the southwest corner of the City of Renton. It is located within the Employment Area -Valley as described in the City of Renton Comprehensive Plan Land Use Map. The site lies north of SW 43rd Street which is a major east-west arterial street which crosses over state highway 167 on the east and extends to 1-5 to the west. The entire proposed Oaksdale Business Campus is located west of Oaksdale Avenue SW, north of SW 43`d Street on approximately 49 acres. Springbrook Creek crosses the site from southwest to northeast. This proposal is to rezone a portion of the Oaksdale Business Campus south of Springbrook Creek. There is a total of six parcels in the portion south of Springbrook Creek. Five parcels are included in this proposal. The area of the five parcels is approximately 12.3 acres. Parcel L is 1.1 acres and Parcels N, H, I, and J (contiguous parcels) is 11.2 acres. The site is currently unoccupied. There are no active businesses nor residents using the site. In the past the site has been used for grazing of cattle. Several small wood-frame buildings currently exist. One is an existing residence which is not occupied. The other structures include small sheds and out-buildings, fences. There are a few gravel paved access roads, and a line of utility poles and lines crossing the central portion of the area. No other significant structures exist on the site. The site is covered with a variety of trees, shrubs, and grasses. The site is relatively level. Both Oaksdale Avenue SW and SW 43`d Street are relatively flat. The site is slightly lower in elevation than the adjacent streets. Springbrook Creek along the north edge of the site is the lowest elevation on the site, and is about 8 to 12 feet below the average site elevation. There are no delineated wetlands on the south portion of the proposed Oaksdale Business Campus. There is no body of water on the site. Springbrook Creek is located along the north boundary lines of the parcels in the south portion. Springbrook Creek is not included in the south portion, and is not a part of this proposed rezone. Some small portions of the site are included in "slope easements" established by Superior Court Cause no. 81-2-08117-7. These areas are adjacent to the street right-of-way along SW 43rd Street. They vary in width by a maximum of 40 feet to a minimum of 3 feet. The proposed future use of the south portion of Oaksdale Business Campus is commercial. Commercial use is encouraged in the "Employment Area - Valley". The building and site design for the five parcels will be determined in the future. Q\Is January 14, 1998 805.04 MEMO RE: Oaksdale Business Campus Rezone Application from I-M to CA (12.3 acres) Rezone Justification Rezoning of this site to Arterial Commercial Zone (CA) is justified for the following reasons: 1. The site is located in Renton's "Employment Area-Valley". The objective of that area is to "Provide for a mix of employment-based uses, including commercial, office and industrial development..." Furthermore, SW 43rd Street is a major east-west arterial that is experiencing significant commercial development due to the changing character of the neighborhood. 2. A rezone is consistent with the following City of Renton Land Use Element Policies: • LU-21 2.1 Develop the Renton Valley...as a place for a range and variety of commercial, office and industrial uses. This site along with the adjacent 30 acre industrial development to the north are located at the southern boundary of Renton. SW 43rd Street is a major east-west arterial linking the City with the heavily commercial development nearby in Tukwila. this site is a natural extension of that commercial development and also provides a transition to the industrial area of south Renton. • LU-212.3 Development standards should promote and increase intensity and quality of development. The anticipated Retail and hotel development is a higher use than the warehouse structures in the immediate area. • LU-21 2.8 Recognize viable existing and new industrial uses in the Valley, while promoting the gradual transition of uses on sites with good access and visibility to more intensive commercial and office use. This site is a gateway to the City. It will provide a transition between the heavily retail and commercial development of Tukwila to the west and the predominantly light industrial uses of Renton's valley area. • LU-21 2.9 Commercial uses may be located in proximity to existing industrial uses when reasonable buffering between the uses can be accomplished and when adequate accommodation of deliveries and loading to industrial areas can be maintained. The site is separated from the new industrial development to the north by Springbrook Creek and its greenbelt buffers. Oaksdale Avenue separates it from the warehouse buildings to the east. • LU-212.10 Commercial uses should be encouraged as secondary uses in industrial and office designations. • LU-212.11 Changes in zoning from one commercial, office or industrial zone to another should be considered to achieve a balance of uses that substantially improve the City's economic base and employment base. Developing the site with commercial uses will achieve this goal. • LU-21 2.12 Favorable consideration should be given to rezones in which similar and/or compatible uses are already located in the area. Commercial development of this site will be consistent with and compatible with recent commercial development further east on SW 43rd Street and north on East Valley Highway. • LU-212.14 Favorable consideration should be given to rezones to Commercial Arterial (CA) only when the proposed commercial us�epS .1k'1to SW 43rd Street... This site fronts on SW 43rd Street. HH jp,4 1 6 1998 KANNINC' DEVECALUN►viOFtNR!NTON p:124:rezone/sp K 17 11'J/ti_ 4 ENVIRONMENTAL CHECKLIST Purpose of Checklist The State Environmental Policy Act (SEPA), chapter 43.21C RCW. requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the p gency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. Instructions for Applicants 1 his environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. l ou must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need t) hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or"does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be ignificant adverse impact. Use of Checklist for Nonproiect Proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not ipply". IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTION (part D). For nonproject actions, the references in the checklist to the words "project", "applicant", and "property or ite" should be read as "proposal", "proposer", and "affected geographic area" respectively. RECEIVFD JAN 6 1998 DEVELOPMENT PLANNING CITY OF RE'NTON :124/805SEPA-s:kp 1 4 A. BACKGROUND . Name of proposed project, if applicable: Oaksdale Business Campus - South of Springbrook Creek for Zelman Development Company Name of applicant: Zelman Renton LLC Address and phone number of applicant and contact person: Applicant: Zelman Renton LLC 707 Wilshire Boulevard, Suite 3036 Los Angeles, CA 90017 (213) 533-8120 Contact Person: Roland C. Colliander CNA Architecture 777 108th Avenue NE, Suite 400 Bellevue, Washington 98004 (425) 822-6700 (425) 828-9116 (FAX) Date checklist prepared: January 12, 1998 5. Agency requesting checklist: City of Renton ti. Proposed timing or schedule (including phasing, if applicable): Demolition of existing improvements February, 1998 Vegetation Management March, 1998 Rezoning February, 1998 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No, other than to complete work per A-6 above. Future development of property will be submitted in the future by others. p:124/805SEPA-s:kp 2 List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. There are existing wetlands on the north side of Springbrook Creek which will be cleaned up and relocated along the north shore of Springbrook Creek under the Consent Decree with the State of Washington Department of Ecology. The Creek will not be modified. The site has several abandoned buildings which will be demolished. f. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known. 10. List any government approvals or permits that will be needed for your proposal, if known. None known for the rezone. 11. Give brief, complete description of your proposal, including the proposed uses and the site of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The project site consists of 11.21 acres south of Springbrook Creek at the corner of SW 43rd Street and Oaksdale Avenue and 1.09 acres southeast of Springbrook Creek along S.W. 43rd Street. The property is currently zoned I-M, Medium Industrial. The proposal is to change to Commercial zone. This proposal does not include design and construction. It is for rezone only. ' 2. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project site consists of 11.21 acres south of Springbrook Creek at the corner of SW 43rd Street and Oaksdale Avenue and 1.09 acres southeast of Springbrook Creek along S.W. 43rd Street. Site is located in Section 36, Township 23 North, Range 4 East, Willamette Meridian, in King County. A site survey drawing, legal description and vicinity map are attached to this SEPA form. :124/805SEPA-s:kp 3 TD BE COMPLETED BY APPLICANT: B. ENVIRONMENTAL ELEMENTS 1 EARTH a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: The site topography is relatively flat ranging from elevation 20 to 24 feet except within Springbrook Creek channel which is at approximately at elevation 12 feet. b. What is the steepest slope on the site (approximate percent slope)? The banks of Springbrook Creek at approximately 2:1 slope. And steep slopes adjacent to S.W. 43rd Street near Springbrook Creek along the S.W 43rd property line. Refer to site survey drawing for location. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, mulch)? If you know the classification of agricultural soils, specify them and note any prime farmland. According to Earth Consultants Inc. December 8, 1987 Geotechnical Engineering Study, the site is typically underlain by thirty five (35) to forty (40) feet of interfingering and poorly stratified silty sands and sandy or clayey silts. Occasional lenticular peat interbeds four to five feet thick have also been noted at depths of ten (10)to fifteen (15) feet under certain parts of the site. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No. e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. This proposal does not include design and construction. Site grading and filling is not included in this proposal. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No, since the site is relatively flat. Provisions for temporary erosion control and interim storm water management will be installed and maintained during relocation of wetlands to the approved methods of City of Renton. This proposal does not include design and construction. :30/805/805SEPA-s:rc 5 g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? This proposal does not include design and construction. h. Proposed measures to reduce or control erosion, or other impacts to the earth if any: Provisions for temporary erosion control and interim storm water management will be installed and maintained during site preparation activities to the approved methods of City of Renton. 2 AIR a. What type of emissions to the air would result from the proposal (i.e. dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During Wetland Relocation and Vegetation Management: • Dust associated with earthwork • Construction vehicle emissions b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: During Wetland and Vegetation Management Relocation: • To sprinkle site to reduce dust particles. After Wetland Relocation: • None, except to meet any current regulations. 3. WATER a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Yes, Springbrook Creek flows diagonally to the northeast across the site from the southwest corner to the east side. Springbrook Creek is adjacent to the north property lines of the 5 parcels. p 30/805/805SEPA-s:rc 6 2. Will the project require any work over, in or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. Yes, there will be a 50 ft. setback for commercial uses from ordinary high water line of Springbrook Creek. Reference Preliminary Site Plan - South of Springbrook Creek. The Creek will not be changed. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. There are no delineated wetlands on this site, south of Springbrook Creek. Springbrook Creek will not be dredged nor filled. 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100 year floodplain? If so, note location on the site plan. The current FEMA map indicates that a small portion of the east side of the site is within the 100 year flood plain. However the recent land survey by Burghausen Consulting Engineers, Inc. indicates that that area has been filled. The area indicated to be within the 100 year flood plain is no longer within the 100 year flood plain. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. This proposal does not include design and construction. b. Ground: 1. Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. This proposal does not include design and construction. :30/805/805S E PA-s:rc 7 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) area expected to serve. None. This proposal does not include design and construction. c. Water Runoff(including storm water): 1. Describe the source(s) of runoff(including storm water) and method of collection, and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. This proposal does not include design and construction. 2. Could waste materials enter ground or surface waters? If so, generally describe. No, the new development is not expected to impact groundwater. This proposal does not include design and construction. d. Proposed measures to reduce or control surface, ground, or runoff water impacts, if any: This proposal does not include design and construction. Specific details of the stormwater detention system design and maximum storage volume will be developed and documented for agency review during permitting of construction documents. PLANTS: a. Check or circle types of vegetation found on the site: x deciduous tree: alder,maple,aspen,other x evergreen tree: fir,cedar,pine,other x shrubs x grass pasture crop or grain x wet soil plants: cattail,buttercup,bulrush,skunk cabbage,other unknown water plants: water lily,eelgrass,milfoil,other other types of vegetation(please list) b. What kind and amount of vegetation will be removed or altered? Trees, shrubs and grasses. ):30/805/805SEPA-s:rc 8 c. List threatened or endangered species known to be on or near the site. None are known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: Landscaping plans will be developed for agency review during permitting of design and construction documents. 5. ANIMALS: a. Circle any birds and animals that have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other: Mammals: deer, bear, elk, beaver, other: Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None are known. c. Is the site part of a migration route? If so, explain. None are known. d. Proposed measures to preserve or enhance wildlife, if any: Wetlands will be relocated and stormwater detention cells/ponds will be located along Springbrook Creek. . ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. This proposal does not include design and construction. Energy use will be determined at a future date. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. This proposal does not include design and construction, however there should be no impact form commercial structures on adjacent properties based upon height restrictions for commercial use. j:30/805/805S E PA-s:rc 9 c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: This proposal does not include design and construction. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. None 1. Describe special emergency services that might be required. None 2. Proposed measures to reduce or control environmental health hazards, if any: None b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment operation, other)? None. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from site. Noise associated from truck and vehicular traffic related to building demolition and vegetation clearing. 3. Proposed measures to reduce or control noise impacts, if any: During site preparation noise associated from truck traffic and demolition will occur only between the hours allowed or agreed with the City of Renton. r30/805/805SEPA-s:rc 1 0 8 LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? Current Site Use: • The site south of the Creek had been previously used for agriculture; unknown when last used for agriculture. The adjacent properties: • To the north is a vehicle storage/staging yard. • To the east is warehousing, manufacturing, offices. • To the south is warehousing and manufacturing. • To the west is railroad right of way and wetlands. b. Has the site been used for agriculture? If so, describe. The site south of the Creek has been previously used for agriculture, unknown when last used for agriculture. c. Describe any structures on the site. South of the Creek there are five small wood frame buildings, which appear to be associated with the original agricultural uses. None of the structures are currently occupied. d. Will any structures be demolished? If so, what? Yes all the existing structures will be demolished. e. What is the current zoning classification of the site? The property is zoned I-M Medium Industrial. f. What is the current comprehensive plan designation of the site? Employment Area - Valley. g. If applicable, what is the current shoreline master program designation of the site? Springbrook Creek requires a 50 ft. setback for commercial uses from ordinary high water line of Creek. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No. i. Approximately how many people would reside or work in the completed project? This proposal does not include design and construction. j. Approximately how many people would the completed project displace? This proposal does not include design and construction. There are no people residing nor working on the site presently. k. Proposed measures to avoid or reduce displacement impacts, if any: p 30/805/805SEPA-s:rc 11 None. I. Proposed measures to ensure the proposal is compatible with existing and project land uses and plans, if any: The site is designated as an employment area, which the proposed commercial development will provide. f. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? This proposal does not include design and construction, however housing is not allowed in a commercial zone. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low income housing? One single-family unoccupied residence will be removed. c. Proposed measures to reduce or control housing impacts, if any: None. ' O. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? 40 ft. b. What views in the immediate vicinity would be altered or obstructed? This proposal does not include design and construction c. Proposed measures to reduce or control aesthetic impacts, if any? This proposal does not include design and construction. 1. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? This proposal does not include design and construction. b. Could light or glare from the finished project be a safety hazard or interfere with views? This proposal does not include design and construction. c. What existing off-site sources of light or glare may affect your proposal? 1 :30/805/805SEPA-s:rc 12 None. d. Proposed measures to reduce or control light and glare impacts, if any: This proposal does not include design and construction. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? None. b. Would the proposed project displace any existing recreational uses? If so, describe. No. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None. ' 3. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national, state, or local preservation registers known to be on or next to the site? If so, generally, describe. None. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None. c. Proposed measures to reduce or control impacts, if any: This proposal does not include design and construction. 4. TRANSPORTATION a. Identify public streets and highways serving the site, and describe the proposed access to the existing street system. Show on site plans, if any. The site will be served by SW 43rd Street between West Valley Highway and State Route 167, and SW 41st Street from State Route 167 and eventually Oaksdale Avenue from the north when the extension is completed. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop. The site is served by bus service along SW 43rd Street. ):30/805/805S E PA-s:rc 13 c. How many parking spaces would the completed project have? How many would the project eliminate? This proposal does not include design and construction. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). None. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. There is freight rail transportation in the vicinity, but the project will not have access to it. f. How many vehicular trips (two-way) per day would be generated by the completed project? This proposal does not include design and construction. g. Proposed measures to reduce or control transportation impacts, if any. This proposal does not include design and construction. The Owner and tenants will implement any required transportation management program to encourage employees to use public transit and car pool to work. • 5. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. The additional buildings area will increase the need for fire and police protection. It is expected that most of the employees at the new facility will be local residents and will not increase the need or public services. This proposal does not include design and construction. b. Proposed measures to reduce or control direct impacts on public services, if any. None at this time. This proposal does not include design and construction. p:30/805/805SEPA-s.rc 14 16. UTILITIES a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Electrical: Puget Sound Energy Natural Gas: Puget Sound Energy Telephone: Sewer: King County/Metro Water: City of Renton C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand the lead agency is relying on them to make its decision. Signature: Olf*/4/44 Date Submitted: ! /4 /79g 30/805/805SEPA-s:rc 15 Jjan- 13-98 04 : 17P ZELMAN EXEC DEPT 213 533 8134 P . 01 0 CHICAGO TITLE INSURANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 Order No.: 445622 Unit: U-06 Property Address:As DESCRIBED IN COMMITMENT Your No.: STERNCO RENTON CENTER/BENAROYA 445622-SDS SEATTLE, WASHINGTON ZELMAN RENTON, LLC 707 WILSHIRE BLVD, SUITE 3036 LOS ANGELES, CALIFORNIA 90017 Attn: PAUL CASEY -:• Enclosed are your materials for the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. TITLE UNIT 6 PHONE 206-628-5610 TOLL FREE 800-627-0530 FAX 206-628-9717 DARYL SAVIDIS SENIOR TITLE OFFICER AND UNIT MANAGER ROGER TERRIERE SENIOR TITLE OFFICER BARBARA WAGNER SENIOR TITLE OFFICER PAUL STARIHA TITLE OFFICER FLORENCIA BESIN TITLE TECHNICIAN RECEIVE[, JAN 16 1998 DEVELOPMENT PLANNING CITY OF RENTON CHICAGO TITLE INSURANCE COMPANY TITLET/10 17•91/SC Jdn- 13-98 04: 17P ZELMAN EXEC DEPT 213 533 8134 P. O2 • /.. AMERICAN LAND TITLE ASSOCIATION I, ro OWNER'S POLICY N. la°1,g4 (10-17-92) r til N. OS CHICAGO TITLE INSURANCE COMPANY I i .44 lil N,' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE 4 !' CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE \ INSURANCE COMPANY,a Missouri corporation,herein called the Company,insures,as of Date of Policy shown in Schedule A,against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or !z! ‘Pi incurred by the insured by reason of: n TitleIw I. to the estate or interest described in Schedule A being vested other than as stated therein; ;� 2. Any defect in or lien or encumbrance on the title; gl3. Unmarketability of the title; 4. Lack of a right of access to and from the land. ti The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but iw i only to the extent provided in the Conditions and Stipulations. In Witness Whereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as 10' of Date of Policy shown in Schedule A.the policy to become valid when countersigned by an authorized signatory. 1'� IN: 15; IN r 1 Issued by: CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY By: A 1800 COLUMBIA CENTER S E FIFTH AVENUE rfr /��i�`�� SEATTLE, WASHINGTON 98104 iA •tt'__ (206) 628-5632 ) I..4 President' 1 lw0400", - r l 9� F 1"ti By: `� d I c Secretary ALTA Owner's Policy(10-17-92) Jan- 13-98 04 : 17P ZELMAN EXEC DEPT 213 533 8134 P . 03 ICAGO TITLE INSURANCE COMPA.. . 1800 COLUMBIA CENTER, 701 5TH AVE SEATTLE, WA 98104 PolicyNo.: 445622 EXTENDED OWNER POLICY SCHEDULE A Amount of Date of Policy: DECEMBER 29, 1997 at 4 :09 PM insurance: $3, 001, 000.00 I, Name of Ensured: ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY 2. The estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: ZELMAN RENTON, LLC, A DELAWARE LIMITED LIABILITY COMPANY 4. The land referred to in this policy is described as follows: SEE ATTACHED DESCRIPTION CI IIC:AGO Trrt.l?INSURANCE COMPANY Jan- 13-98 04 : 18P ZELMAN EXEC DEPT 213 533 8134 P . 04 __1ICAGO TITLE INSURANCE COMPA.. . Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST, 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649 .70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL B: THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 530.25 FEET NORTH OF AND 1, 000.27 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE NORTH 89°24' 30" WEST, ALONG SAID NORTH LINE, 252 . 9 FEET, MORE OR LESS, TO A POINT WHICH LIES 881.37 FEET WEST OF THE NORTHEAST QUARTER OF OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 03°40' 00" WEST 923 .69 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE ALONG SAID CENTERLINE OF THE SLOUGH, NORTH 64'32' 10" EAST 184 .71 FEET; THENCE NORTH 73°28' 00" EAST 70 FEET; THENCE NORTH 63°10' 00" EAST 30 . 52 FEET TO THE POINT OF BEGINNING. PARCEL C: CHICAGO TITLE 1NSU RANCI COMPANY Jan- 13-98 04 : 18P ZELMAN EXEC DEPT 213 533 8134 P . 05 ___ICAGO TITLE INSURANCE COMPA.._ Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THE NORTH 330 FEET OF THE FOLLOWING DESCRIBED TRACT: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1, 1, 000.27 FEET EAST AND 530.25 FEET NORTH LINE OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 03°49' 00" EAST 807.91 FEET, MORE OR LESS, TO THE NORTH LINE OF SAID SUBDIVISION; THENCE, ALONG THE SAID NORTH LINE, SOUTH 89°24' 30" EAST 628 .47 FEET TO THE EAST LINE OF SAID SUBDIVISION; THENCE, ALONG SAID EAST LINE, SOUTH 00°13' 30" EAST 290 FEET TO THE CENTERLINE OF SAID SLOUGH; THENCE, ALONG THE CENTERLINE OF SAID SLOUGH, SOUTH 21°34' 00" WEST 301.02 FEET; THENCE SOUTH 56°44' 30" WEST 246 .38 FEET; THENCE SOUTH 75°38' 00" WEST 370.3 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL D: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE EAST, ALONG THE CENTERLINE OF SOUTH 180TH STREET (FORMERLY A COUNTY ROAD) , 114 FEET; THENCE NORTH 674 .78 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY, ON A STRAIGHT LINE PARALLEL TO THE EAST LINE OF NORTHERN PACIFIC RAILWAY COMPANY RIGHT OF WAY, TO THE NORTH LINE OF SAID SECTION; THENCE EASTERLY, ALONG THE NORTH LINE OF SAID SECTION, TO A POINT THEREON WHICH IS 881.37 FEET WEST OF THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER THEREOF; THENCE SOUTH 03°40' 00" WEST 730.69 FEET; THENCE NORTH 84°34' 00" WEST 649.70 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF. PARCEL E: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHICAGO TITLE INSURANCE COMPANY Jan- 13-98 04 : 18P ZELMA^" EXEC DEPT 213 •33 8134 P . 06 .. rdICAGO TITLE INSURANCE COMPAN Y Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION THENCE SOUTH 75°38' 00" WEST 370 .3 FEET TO THE POINT OF BEGINNING; EXCEPT THE NORTH 330 FEET THEREOF; AND EXCEPT THAT PORTION OF SAID MAIN TRACT LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340 .95 FEET; THENCE SOUTH 01°47' 23" WEST 330 .03 FEET; THENCE SOUTH 87°31' 36" WEST 260 .0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; THENCE SOUTH 87°31' 36" WEST 460. 0 FEET; THENCE SOUTH 02°28'24" EAST 197. 0 FEET; THENCE NORTH 87°31' 36" EAST 460. 0 FEET; THENCE NORTH 02°28'24" WEST 197. 0 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION; AND EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL G: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 87°31' 36" EAST 1,340.95 FEET; THENCE SOUTH 01°47'23" WEST 330.03 FEET; THENCE SOUTH 87°31' 36" WEST 260. 0 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°31' 36" WEST 460.0 FEET; THENCE SOUTH 02°28'24" EAST 197 .0 FEET; THENCE NORTH 87°31' 36" EAST 460.00 FEET; THENCE NORTH 02°28' 24" WEST 197 .0 FEET TO THE TRUE POINT OF BEGINNING. PARCEL H: THE WEST 85 FEET IN WIDTH OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, CHICAGO'ffri.r,INSURANCI!COMPANY Jan- 13-98 04: 18P ZELMA" 7XEC DEPT 213 -33 8134 P . 07 CHICAGO TITLE INSURANCE COMPANY Polity No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH SIDE OF S.W. 43RD STREET WHICH IS 943. 04 FEET EAST OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43, IN SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE EAST 353 . 04 FEET, ALONG THE NORTH SIDE OF SAID STREET; THENCE NORTH 562 .16 FEET TO SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE WESTERLY, ALONG THE SOUTH SIDE OF SAID DITCH, 334 .12 FEET TO THE EAST LINE OF A 5-ACRE TRACT DEEDED TO WINSTON AS RECORDED IN VOLUME 580 OF DEEDS, PAGE 207, IN KING COUNTY, WASHINGTON; THENCE SOUTHERLY, ALONG SAID LINE, 472.1 FEET TO THE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL I: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTH SIDE OF S.W. 43RD STREET WHICH IS 943 .04 FEET EAST AND 30 FEET NORTH OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43, IN SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE EAST 353. 04 FEET, ALONG THE NORTH SIDE OF SAID STREET; THENCE NORTH 562. 12 FEET TO SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE WESTERLY, ALONG THE SOUTH SIDE OF SAID DITCH, 334 .12 FEET TO THE EAST LINE OF A 5-ACRE TRACT DEEDED TO WINSTON AS RECORDED IN VOLUME 580 OF DEEDS, PAGE 207, IN KING COUNTY, WASHINGTON; THENCE SOUTHERLY, ALONG SAID LINE, 472.1 FEET TO THE POINT OF BEGINNING; EXCEPT THE WESTERLY 85 FEET THEREOF IN WIDTH; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL J: THE EAST 393-1/2 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASINGTON, LYING SOUTH OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; EXCEPT THAT PORTION THEREOF FOR S.W. 43RD STREET RIGHT OF WAY; AND EXCEPT THE SOUTH 20 FEET OF SAID PREMISES CONVEYED TO THE CITY OF RENTON FOR WIDENING OF S.W. 43RD STREET BY DEED RECORDED UNDER RECORDING NUMBER 5895689; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. CHICAGC)'llllJ:LNsUHANCE COMPANY Jan- 13-98 04: 19P ZELMAN EXEC DEPT 213 533 8134 P. O8 iICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL K: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE SOUTHWESTERLY ALONG SAID CENTERLINE TO A POINT EAST OF THE POINT OF BEGINNING; THENCE WEST 130.86 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH NO. 1; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL L: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS EAST 556 FEET AND NORTH 30 FEET FROM THE NORTHEAST CORNER OF THE HENRY ADAMS DONATION LAND CLAIM NO. 43 BEING PARTS OF SECTIONS 35 AND 36 IN TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; THENCE NORTH 308 .10 FEET TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE, ALONG SAID CENTERLINE OF DITCH, SOUTH 64°45' 00" WEST 89 FEET; THENCE SOUTH 48°45' 00" WEST 97 FEET; THENCE SOUTH 37°24' 50" WEST 259.59 FEET TO A POINT WHICH IS DUE WEST OF THE POINT OF BEGINNING; THENCE EAST, ALONG THE NORTH MARGIN OF COUNTY ROAD, 311.14 FEET TO THE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH RIGHT OF WAY; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL M: THAT PORTION OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: CHICAGO'I'ITLI;INSURANCIi COMPANY Jan-13-98 04 : 19P ZELMAN EXEC DEPT 213 533 8134 P . 09 [ICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE A (Continued) LEGAL DESCRIPTION BEGINNING AT A POINT WHICH IS 114 FEET EAST AND 30 FEET NORTH FROM THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43; THENCE NORTH 644 .78 FEET; THENCE SOUTH 84°34' 00" EAST 649.70 FEET; THENCE SOUTH 04°37' 00" WEST 170 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 84°34' 00" WEST 470 FEET; THENCE SOUTH TO THE CENTERLINE OF SPRING BROOK SLOUGH DRAINAGE DITCH NO. 1; THENCE NORTHEASTERLY, ALONG SAID DRAINAGE DITCH CENTERLINE, TO A POINT WHICH BEARS SOUTH 04°37' 00" WEST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 04°37' 00" EAST 23 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH. PARCEL N: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTH LINE OF THE COUNTY ROAD AT A POINT WHICH IS 943 . 04 FEET EAST AND 30 FEET NORTH OF THE NORTHEAST CORNER OF HENRY ADAMS DONATION LAND CLAIM NO. 43 IN SAID TOWNSHIP AND RANGE; THENCE NORTH 03°49' 00" EAST 495.8 FEET, MORE OR LESS, TO THE CENTERLINE OF THE DRAINAGE DITCH; THENCE, ALONG SAID DITCH LINE, SOUTH 66°03' 00" WEST 209. 93 FEET; THENCE SOUTH 409.46 FEET TO THE NORTH LINE OF SAID COUNTY ROAD; THENCE EAST, ALONG SAID ROAD LINE, 158.85 FEET TO POINT OF BEGINNING; EXCEPT RIGHT OF WAY FOR SAID DRAINAGE DITCH; AND EXCEPT THAT PORTION THEREOF CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 81-2-08117-7 FOR WIDENING OF S.W. 43RD STREET. PARCEL 0: THE SOUTH 15 FEET OF THE WEST 1, 341 .56 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH 15 FEET OF THE EAST 196 .64 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, ALL IN SECTION 25, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. CIiic.:Ac )TITLE INSURANC:I;COMPANY Jan- 13-98 04 : 20P ZELMAN EXEC DEPT 213 533 8134 P . 10 HIC..AGO TITLE INSURANCE COMP„.. Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: CS A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. B. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE OR CONSTRUCTION CHARGES FOR SEWER, WATER, ELECTRICITY OR GARBAGE COLLECTION AND DISPOSAL. C. RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D. WATER RIGHTS, CLAIMS, OR TITLE TO WATER. DT E. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIALS RESULTING FROM CONTRACTS ENTERED INTO BY ZELMAN RENTON LLC BETWEEN DECEMBER 2, 1997 AND THE DATE OF THE POLICY. CI IMAGO 7TI'LL INSURANCE COMPANY owNEYrb/LIJAI/EK Jan- 13-98 04: 20P ZELMAN EXEC DEPT 213 533 8134 P . 12 [ICAGO TITLE INSURANCE COMPA.. Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190570 J 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 10 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON AN EASTERLY PORTION OF PARCEL J RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190572 CT 6. THE RIGHT OF THE TRACK OWNER TO THE SPUR TRACKS AND REMOVAL OF SAME, WHICH ARE LOCATED ON SAID PREMISES. L 7. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY, A MINNESOTA CORPORATION RECORDED: AUGUST 24, 1966 RECORDING NUMBER: 6073134 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL IRON, NATURAL GAS, COAL, OIL AND ALL MINERALS OF ANY NATURE WHATSOEVER UPON OR IN THE LANDS ABOVE DESCRIBED, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF THE SAME BY ANY MEANS OR METHODS SUITABLE TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT ENTERING UPON OR USING THE SURFACE OF SAID LANDS OR TO INTERFERE WITH THE USE THEREOF BY THE GRANTEES, THEIR HEIRS AND ASSIGNS. M AFFECTS: PARCELS A AND D V AFFECTS: PARCELS A, B, C, D, E, F, G, I AND J 5 8 . RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE 81-2-08117-7. CHICAC,OTim,:INSURANCE COMPANY Jan- 13-98 04 : 20P ZELMAN EXEC DEPT 213 533 8134 P . 11 IICAGO TITLE INSURANCE COMPA.. Policy No.: 4 4 5 6 2 2 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: DEED PURPOSE: RIGHT OF THE PUBLIC TO MAINTAIN DRAINAGE DITCH AFFECTS: NORTHERLY PORTION OF PARCELS L AND N; AND OTHER PROPERTY RECORDED: APRIL 10, 1907 RECORDING NUMBER: 479017 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) , WITH NECESSARY APPURTENANCES AREA AFFECTED: A 15 FOOT WIDE STRIP OF LAND AND A 25 FOOT STRIP OF LAND OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS B, E, G AND N RECORDED: APRIL 25, 1974 RECORDING NUMBER: 7404250404 H 3 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS D, E, F, J AND K RECORDED: JUNE 17, 1974 RECORDING NUMBER: 7406170474 4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON A NORTHWESTERLY PORTION OF PARCEL K CHICAriOTITLfi INSL'RANCI'COMPANY OWNEXTDS/2.13.91/EK Jan-13-98 04 : 21P ZELMAN EXEC DEPT 213 533 8134 P . 13 • UICAGO TITLE INSURANCE COMPA Policy No.: 4 4 5 6 2 2 • EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS AFFECTS: PARCELS H, I, J, K, L AND N U 9. ANY QUESTIONS RELATING TO THE TRUE LOCATION OF THE DRAINAGE DITCH AS IT PRESENTLY EXISTS IN RELATION TO THE RIGHT OF WAY BOUNDARIES ESTABLISHED BY DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 32912 . 8W 10. TERMS AND CONDITIONS OF CONSENT DECREE FILED IN KING COUNTY UNDER SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 REGARDING CLEANUP OF CONTAMINATION. CD 11 . THE EFFECT OF ANY VIOLATION OF LAWS, ORDINANCES OR REGULATIONS RELATING TO ENVIRONMNETAL PROTECTION AS DISCLOSED BY INFORMATION CONTAINED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 AND/OR OTHER COURT FILES RELATED THERETO. CG 12 . PENDING ACTION IN KING COUNTY SUPERIOR COURT: CAUSE NUMBER: 97-2-17988-2 FILED: JULY 18, 1997 BEING AN ACTION FOR: ENTER CONSENT DECREEE PLAINTIFF: STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY DEFENDANT: ZELMAN RENTON L.L.C. ATTORNEY FOR THE PLAINTIFF: MARK C. JOBSON CK 13 . MATTERS DISCLOSED BY A SURVEY OF THE PREMISES BY BARGHAUSEN CONSULTING ENGINEERS, INC. , DATED OCTOBER 22, 1996, JOB NO. 5911 : A. ENCROACHMENT BY CARPORT INTO AREA BETWEEN PARCELS L AND N. B. ENCROACHMENT BY SATELLITE DISH APPURTENANT TO HOUSE ON PARCEL L INTO AREA BETWEEN PARCELS L AND N. C. CHAIN LINK FENCE ALONG NORTH LINE MEANDERS ALONG EITHER SIDE OF LINE BY APPROXIMATELY 1 FOOT. D. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF (4) 72" CULVERTS LOCATED ALONG THE EAST LINE OF SAID PREMISES. E. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF A RAILROAD BUILDING LOCATED AT THE EAST END OF PARCEL O. DD 14 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY RECORDED: SEPTEMBER 8, 1978 CHICAGO TITLE INSU RANCF COMPANY Jan- 13-98 04 : 21P ZELMAN EXEC DEPT 213 533 8134 P . 14 [ICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS RECORDING NUMBER: 7809080987 AS FOLLOWS: SAVING AND RESERVING, HOWEVER, UNTO SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OF THE COAL, OIL, GAS, CASINGHEAD GAS AND ALL ORES AND MINERALS OF EVERY KIND AND NATURE UNDERLYING THE SURFACE OF THE PREMISES HEREIN CONVEYED, TOGETHER WITH THE FULL RIGHT, PRIVILEGE AND LICENSE AT ANY AND ALL TIMES TO EXPLORE, OR DRILL FOR AND TO PROTECT, CONSERVE, MINE, TAKE, REMOVE AND MARKET ANY AND ALL SUCH PRODUCTS IN ANY MANNER WHICH WILL NOT DAMAGE STRUCTURES NOR DISTURB THE SURFACE NOR INTERFERE WITH THE USE OF THE PREMISES HEREIN CONVEYED. DS AFFECTS: PARCEL 0 " DO OF SOW-NUB '* AUTHORIZED IGNATORY Loan Policy Endorsements : N/A Owner' s Policy Endorsements: 103.7; 116 .4; 100.29 CHICAGO TITLE INSURANCE COMPANY Jan- 13-98 04 : 22P ZELMAN EXEC DEPT 213 533 8134 P . 15 Your reference ENDORSEMENT Attached to and forming a part of Policy No. 445622 Issued By CHICAGO TITLE INSURANCE COMPANY Dated: December 29, 1997 ENDORSEMENT 100.29 (MODIFIED) The Company insures the Insured against loss which the Insured shall sustain by reason of: Damage to existing and future improvements, including lawns, shrubbery or trees, resulting from the exercise of any right to use the surface of said land for the extraction or development of the minerals excepted from the description of said land or shown as a reservation in Schedule 5. The total liability of the Company under said Policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of the policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Au r.rized Signatory Note: This endorsement shall not be valid or binding_ until countersigned by an authorized signatory 13NDUP/3•2142/SC Jan- 13-98 O4: 22P ZELMAN EXEC DEPT 213 533 8134 P . 16 Yuurrefercnce: RNCO RENTON CENTER/BENAROYA ENDORSEMENT Attached to and forming a part of Policy No. 445622 Issued By CHICAGO TITLE INSURANCE COMPANY Dated: December 29, 1997 ENDORSEMENT 116.4 THE COMPANY ASSURES THE INSURED THAT PARCELS H, I, J AND N DESCRIBED IN SCHEDULE A ARE CONTIGUOUS TO EACH OTHER ANC PARCELS A, B, C, D, E, F, G, K, M AND 0 DESCRIBED IN SCHEDULE A ARE CONTIGUOUS TO EACH OTHER. THE COMPANY HEREBY INSURES THE INSURED AGAINST LOSS WHICH SAID INSURED SHALL SUSTAIN IN THE EVENT THAT THE ASSURANCE HEREIN SHALL PROVE TO BE INCORRECT. This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. Au orized Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory EN DOPC:/3-21.92/CC .man- 13-98 O4 : 22P ZELMAN EXEC DEPT 213 533 8134 P . 17 Your rcfcrencc: r :0 RENTON CENTER/BENAROYA ENDORSEMENT Attached to and forming a part of Policy No. 445622 Issued By CHICAGO TITLE INSURANCE COMPANY Dated: December 29, 1997 ENDORSEMENT 103.7 The Company hereby assures the Insured that said land abuts upon physically open streets known as SOUTHWEST 43RD STREET AND OAKESDALE AVENUE S.W. and the Company hereby insures said Assured against loss which said Assured shall sustain in the event said assurances herein shall prove to be incorrect. The total liability of the Company under said policy and any endorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This endorsement is made a part of this policy and is subject to the Schedules and the Conditions and Stipulations therein, except as modified by the provisions hereof. Aut orized Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory ENDOPC/3.21.92/SC co © CHICAGO TITLE INSURANCE COMPANY H 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 0. IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated bereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. CO rs)0D _ It_' :.�. �. _ ____ 1 in 1 0 I ( l ( l th i II 0 \�/ t N ` c I i 1 i^ L 0if A I' 'u r I- II�� r® I 7/ iIlk g)0,0„, Lli t I f J .O I u N ? !.„, • r' •r, 1I i , • • W kf 4, • —...,(0- , i ;. :r/ ,,,,,---", LLJ y� I C I _I 000I _I0 N I I I ; ll I Ili; ail) N �' / / YØ. -;1 , • ill I .ss n br. a' ,ItW 4J 11Gtir ow �n. .. Jjin- 13-98 04 : 23P ZELMAN EXEC DEPT 213 533 8134 P . 19 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land;(lii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part;or(iv)environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed In writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of Policy;or (e) resulting In loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting In the Insured the estate or interest insured by this policy,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that is based on: (I) the transaction creating the estate or interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or (ii) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer;or (b) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. Jan- 13-98 04 : 23P ZELMAN EXEC DEPT 213 533 8134 P . 20 CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS (c)Whenever the Company shall have brought an action or interposed a The following terms when used in this policy mean: defense as required or permitted by the provisions of this policy,the Company (a)"insured" the insured named in Schedule A,and,subject to any rights may pursue any litigation to final determination by a court of competent juris- or defenses theCompany would have had against the named insured,those diction and expressly reserves the right,in its sole discretion,to appeal from who succeed tc the interest of the named insured by operation of law as any adverse judgment or order. distinguished fri:m purchase including,but not limited to,heirs,distributees, (d)In all cases where this policy permits or requires the Company to prose- devisees, survivors, personal representatives, next of kin, or corporate or shall securre to an e or provide Company e defense right to so prosecute or provide defense din the fiduciary sucCe!.sors. p y the g (b)"insured claimant":an insured claiming loss or damage. action or proceeding, and all appeals therein, and permit the Company to (c)"knowledge" or "known": actual knowledge, not constructive knowl- use, at its option, the name of the insured for this purpose. Whenever requested by the Company,the insured,at the Company's expense,shall give edge or notice which may be imputed to an insured by reason of the public records as defir ed in this policy or any other records which impart construc- the Company all reasonable aid (i) in any action or proceeding, securing five notice of matters affecting the land. evidence, obtaining witnesses, prosecuting or defending the action or pro- seeding,or effecting settlement, and(ii)in any other lawful act which in the (d)"land":the land described or referred to in Schedule A,and improve- opinion of the Company may be necessary or desirable to establish the title to ments affixed tt ereto which by law constitute real property.The term"land" the estate or interest as insured.If the Company is prejudiced by the failure of does not incluc a any property beyond the lines of the area described or the insured to furnish the required cooperation,the Company's obligations to referred to in St hedule A, nor any right.title,interest,estate or easement in the insured under the policy shall terminate,including any liability or obliga- abutting streets roads,avenues,alleys,lanes,ways or waterways,but noth- lion to defend,prosecute,or continue any litigation,with regard to the matter ing herein shall nodity or limit the extent to which a right of access to and from or matters requiring such cooperation. the lend is insu ed by this policy. (e)"mortgage": mortgage, deed of trust, trust deed, or other security 5. PROOF OF LOSS OR DAMAGE instrument. In addition to and after the notices required under Section 3 of these Condi- (f)"public records": records established under state statutes at Date of lions and Stipulations have been provided the Company, a proof of loss or Policy for the purpose of imparting constructive notice of matters relating to damage signed and sworn to by the insured claimant shall be furnished to the real property to purchasers for value and without knowledge.With respect to Company within 90 days after the insured claimant shall ascertain the facts Section 1(a)(iv)of the Exclusions From Coverage,"public records"shall also giving rise to the loss or damage.The proof of loss or damage shall describe include envirormental protection liens filed in the records of the clerk of the the defect in, or lien or encumbrance on the title, or other matter insured United States cistrict court for the district in which the land is located. against by this policy which constitutes the basis of foss or damage and shall (g)"unmarkefability of the title": an alleged or apparent matter affecting state,to the extent possible,the basis of calculating the amount of the loss or the title to the and, not excluded or excepted from coverage, which would damage.If the Company is prejudiced by the failure of the insured claimant to entitle a purchaser of the estate or interest described in Schedule A to be provide the required proof of loss or damage,the Company's obligations to released from the obligation to purchase by virtue of a contractual condition the insured under the policy shall terminate,including any liability or obliga- requiring the delivery of marketable title. lion to defend,prosecute,or continue any litigation,with regard to the matter or matters requiring such proof of loss or damage. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE In addition,the insured claimant may reasonably be required to submit to The coverage of this policy shall continue in force as of Date of Policy in examination under oath by any authorized representative of the Company favor of an inn red only so long as the insured retains an estate or interest in and shall produce for examination,inspection and copying,at such reason- the land,or holds an indebtedness secured by a purchase money mortgage able times and places as may be designated by any authorized representative given by a purchaser from the insured, or only so long as the insured shall of the Company, all records, books, ledgers, checks, correspondence and have liability b}'reason of covenants of warranty made by the insured in any memoranda, whether bearing a date before or after Date of Policy, which transfer or conveyance of the estate or interest.This policy shall not continue reasonably pertain to the loss or damage.Further,if requested by any autho- in force in favor of any purchaser from the insured of either(i)an estate or rized representative of the Company, the insured claimant shall grant its interest in the and, or(ii) an indebtedness secured by a purchase money permission, in writing, for any authorized representative of the Company to mortgage given to the insured. examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party,which reason- 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT ably pertain to the loss or damage.Ail information designated as confidential The insured shall notify the Company promptly in writing(i)in case of any by the insured claimant provided to the Company pursuant to this Section litigation as set forth in Section 4(a)below,(ii)in case knowledge shall come to shall not be disclosed to others unless, in the reasonable judgment of the an insured hereunder of any claim of title or interest which is adverse to the Company, it is necessary in the administration of the claim. Failure of the title to the estate or interest,as insured,and which might cause loss or dam- insured claimant to submit for examination under oath,produce other reason- age for which the Company may be liable by virtue of this policy.or(iii)if title to ably requested information or grant permission to secure reasonably neces- the estate or in erest,as insured,is rejected as unmarketable.If prompt notice sary information from third parties as required in this paragraph shall termr shell not be gi/en to the Company, then as to the insured all liability of the nate any liability of the Company under this policy as to that claim. Company shaf terminate with regard to the matter or matters for which prompt notice is required;provided.however,that failure to notify the Company shall 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION in no case preiudice the rights of any insured under this policy unless the OF LIABILITY Company shal be prejudiced by the failure and then only to the extent of the In case of a claim under this policy,the Company shall have the following prejudice. additional options: (a)To Pry or Tender Payment of the Amount of Insurance. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED To pay or tender payment of the amount of insurance under this policy CLAIMANT TO COOPERATE together with any costs,attorneys'fees and expenses incurred by the insured (a)Upon written request by the insured and subject to the options con- claimant,which were authorized by the Company,up to the time of payment or tained in Section 6 of these Conditions and Stipulations,the Company,at its tender of payment and which the Company is obligated to pay. own cost and without unreasonable delay,shall provide for the defense of an Upon the exercise by the Company of this option,all liability and obligations insured in litigation in which any third party asserts a claim adverse to the title or interest as i inured.but only as to those stated causes of action alleging a to the insured under this policy,other than to make the payment required,shall defect,lien or encumbrance or other matter insured against by this policy.The terminate, Including any liability or obligation to defend, prosecute, or con- Company sha I have the right to select counsel of its choice(subject to the time any litigation, and the policy shall be surrendered to the Company for right of the insured to object for reasonable cause)to represent the insured as cancellation. to those states causes of action and shall not be liable for and will not pay the (b)To Pay or Otherwise Settle With Parties Other than the Insured or tees of any other counsel. The Company will not pay any lees, costs or With the Insured Claimant. expenses incurred by the insured in the defense of those causes of action (i)to pay or otherwise settle with other parties for or in the name of an which allege natters not insured against by this policy. insured claimant any claim insured against under this policy,together with any (b)The Company shall have the right, at its own cost. to institute and costs,attorneys 'ees and expenses incurred by the insured claimant which prosecute any action or proceeding or to do any other act which in its opinion were authorized by the Company up to the time of payment and which the may be necessary or desirable to establish the title to the estate or interest,as Company is obligated to pay;or insured,or to prevent or reduce loss or damage to the insured.The Company (ii)to pay or otherwise settle with the insured claimant the loss or damage may take any appropriate action under the terms of this policy,whether or not provided for under this policy, together with any costs, attorneys' fees and it shalt be iiebl 3 hereunder.and shall not thereby concede liability or waive any expenses incurred by the insured claimant which were authorized by the provision of Iles policy. It the Company shall exercise its rights under this Company up to the time of payment and which the Company is obligated to paragraph.it!shall do so diligently. pay. Jti.n- 13-98 04 : 25P ZELMAN EXEC DEPT 213 533 8134 P . 21 Upon the exercise by the Company of either t options provided for in (b)When liability and .tent of loss or damage has been definitely fixed r paragraphs(t)(i)or(ii),the Company's obligations to the insured under this in accordance with these Conditions and Stipulations, the loss or damage policy for the claimed loss or damage,other than the payments required to be shall be payable within 30 days thereafter. made. shall terminate, including any liability or obligation to defend, prose- cute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE (a)The Company's Right of Subrogation. This policy s a contract of indemnity against actual monetary foss or dam- Whenever the Company shall have settled and paid a claim under this age sustained or incurred by the insured claimant who has suffered loss or Policy,all right of subrogation shall vest in the Company unaffected by any act damage by reason of matters insured against by this policy and only to the of the insured claimant. extent herein described. The Company shall be subrogated to and be entitled to ail rights and (a)The liability of the Company under this policy shall not exceed the least remedies which the insured claimant would have had against any person or of: property in respect to the claim had this policy not been issued.It requested by (i)the Amount of Insurance stated in Schedule A;or, the Company, the insured claimant shall transfer to the Company all rights (ii)the difference between the value of the insured estate or interest as and remedies against any person or property necessary in order to perfect insured and the value of the insured estate or interest subject to the defect, this right of subrogation.The insured claimant shall permit the Company to lien or encumbrance insured against by this policy. sue.compromise or settle in the name of the insured claimant and to use the (b)In the event the Amount of Insurance stated in Schedule A at the Date of name of the insured claimant in any transaction or litigation involving these Policy is less than 80 percent of the value of the insured estate or interest or rights or remedies. the full consideration paid for the land,whichever is less,or if subsequent to If a payment on account of a claim does not fully cover the loss of the the Date of Policy an improvement is erected on the land which increases the insured claimant,the Company shall be subrogated to these rights and reme- value of the insured estate or interest by at least 20 percent over the Amount of dies in the proportion which the Company's payment bears to the whole Insurance stated in Schedule A,then this Policy is subject to the following: amount of the loss. (i)where no subsequent improvement has been made, as to any partial If loss should result from any act of the insured claimant,as stated above. loss,the Company shall only pay the loss pro rata in the proportion that the that act shall not void this policy, but the Company, in that event, shall be amount of insurance at Date of Policy bears to the total value of the insured required to pay only that part of any losses insured against by this policy which estate or interest at Date of Policy;or shall exceed the amount,if any,lost to the Company by reason of the impair- (ii)where a subsequent improvement has been made, as to any partial ment by the insured claimant of the Company's right of subrogation_ loss.the Company shall only pay the loss pro rata in the proportion that 120 (b)The Company's Rights Against Non-insured Obligors. percent of the Amount of Insurance stated in Schedule A bears to the sum of The Company's right of subrogation against non-insured obligors shall the Amount of Insurance stated in Schedule A and the amount expended for exist and shall include,without limitation,the rights of the insured to indem- the improvement. nities.guaranties,other policies of insurance or bonds,notwithstanding any The provisions of this paragraph shall not apply to costs, attorneys' fees terms or conditions contained in those instruments which provide for subro a- and expenses for which the Company is liable under this policy,and shall only lion rights by reason of this policy. 9 apply to that portion of any loss which exceeds,in the aggregate,10 percent of the Amount of Insurance stated in Schedule A. 14. ARBITRATION (c)The Company will pay only those costs,attorneys' lees and expenses Unless prohibited byapplicable Company may incurred in accordance with Section 4 of these Conditions and Stipulations. P pP cable law,either the Coma or the insured demand arbitration pursuant to the Title Insurance Arbitration Rules of the B. APPORTIONMENT American Arbitration Association.Arbitrable matters may include,but are not If the land described in Schedule A consists of two or more parcels which limited to.any controversy or claim between the Company and the insured are not used as a single site,and a loss is established affecting one or more of arising out of or relating to this policy,any service of the Company in connec- the parcels but not all,the loss shall be computed and settled on a pro rata Lion with its issuance or the breach of a policy provision or Other obligation.All basis as if the amount of insurance under this policy was divided pro rata as to arbitrable matters when the Amount of Insurance is$1,000,000 or less shall the value on Cate of Policy of each separate parcel to the whole,exclusive of be arbitrated at the option of either the Company or the insured.All arbitrable any improvements made subsequent to Date of Policy, unless a liability or matters when the Amount of Insurance is in excess of$1,000,000 shall be value has oth4irwise been agreed upon as to each parcel by the Company and arbitrated only when agreed to by both the Company and the insured.Arbitra. the insured at the time of the issuance of this policy and shown by an express tion pursuant to this policy and under the Rules in effect on the date the statement or by an endorsement attached to this policy. demand for arbitration is made or,at the option of the insured,the Rules in 9. LIMITATIC N OF LIABILITY effect at Date of Policy shall be binding upon the parties. The award may (a)If the Company establishes the title,or removes the alleged defect,lien include attorneys'fees only it the laws of the state in which the land is located or encumbrance,or cures the lack of a right of access to or from the land,or permit a court to award attorneys'fees to a prevailing party.Judgment upon cures the claim of unmarketability of title. all as insured, in a reasonably the award rendered by the Arbitrator(s)may be entered in any court having diligent manner by any method,including litigation and the completion of any jurisdiction thereof. appeals therefrom,it shall have fully performed its obligations with respect to The law of the situs of the land shall apply to an arbitration under the Title that matter arcd shall not be liable for any loss or damage caused thereby. Insurance Arbitration Rules. (b)In the event of any litigation,including litigation by the Company or with A copy of the Rules may be obtained from the Company upon request. the Company s consent,the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent jurisdic- 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT lion,and disposition of all appeals therefrom,adverse to the title as insured. (a)This policy together with all endorsements,if any,attached hereto by the (c)The Company shall not be liable for loss or damage to any insured for Company is the entire policy and contract between the insured and the Corn- liability voluntarily assumed by the insured in settling any claim or suit without pany.In interpreting any provision of this policy,this policy shall be construed the prior written consent of the Company. as a whole. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF (b)Any claim of loss or damage,whether or not based on negligence,and LIABILITY which arises out of the status of the title to the estate or interest covered All payments under this policy,except payments made for costs,attorneys' hereby or by any action asserting such claim,shall be restricted to this policy. fees and expenses,shall reduce the amount of the insurance pro tanto. (c)No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President,a 11. LIABILITY NONCUMULATIVE Vice President.the Secretary,an Assistant Secretary,or validating officer or It is expressly understood that the amount of insurance under this policy authorized signatory of the Company. shall be reduced by any amount the Company may pay under arty policy insuring a mortgage to which exception is taken in Schedule B or to which the 16. SEVERABILITY insured has agreed, assumed, or taken subject, or which is hereafter ex- In the event any provision of the policy is held invalid or unenforceable ecuted by an insured and which is a charge or lien on the estate or interest under applicable law,the policy shall be deemed not to include that provision described or referred to in Schedule A, and the amount so paid shall be and all other provisions shall remain in full force and effect. deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS 17. NOTICES,WHERE SENT (a)No payment shall be made without producing this policy for endorse- All notices required to be given the Company and any statement in writing ment of the payment unless the policy has been lost or destroyed,in which required to be furnished the Company shall include the number of this policy case proof of loss or destruction shall be furnished to the satisfaction of the and shall be addressed to the Company at the issuing office or to: Company. Chicago Title Insurance Company Claims Department 171 North Clark Street Riordan.Pwm No.5256(Rrar.10-17-92) Chicago, Illinois 80601-3294 • January 14, 1998 MEMO RE: Oaksdale Business Campus - South of Springbrook Creek Rezone Application from I-M to CA (12.3 acres) Item 6. Of Plans and Attachments: Restrictive Covenants: There are no restrictive covenants on these parcels. Refer to the title report as issued by CHICAGE TITLE INSURANCE COMPANY, Order No. 445622, issued December 29, 1997, Schedule B copy attached hereto. Deeds to City for any reserve strips: There are no deeds to the City. See the title report as issued by CHICAGE TITLE INSURANCE COMPANY, Order No. 445622, issued December 29, 1997, Schedule B copy attached hereto. Easements: Easements to the City are listed in the title report as issued by CHICAGE TITLE INSURANCE COMPANY, Order No. 445622, issued December 29, 1997, Schedule B copy attached hereto. RECEIVE JAN 1 6 1998 uEVELOh'M N 1 PLANNING CITY OF RENTON P 124:805mem02.doc Jan- 13-98 04 : 20P ZELMAN EXEC DEPT 213 533 8134 P . 10 iICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses) which arise by reason of: GENERAL EXCEPTIONS: Cs A. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NCT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. B. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE OR CONSTRUCTION CHARGES FOR SEWER, WATER, ELECTRICITY OR GARBAGE COLLECTION AND DISPOSAL. C. RESERVATIONS OR EXCEPTIONS IN PATENTS OR :N ACTS AUTHORIZING THE ISSUANCE THEREOF; INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. D. WATER RIGHTS, CLAIMS, OR TITLE TO WATER. OT E. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIALS RESULTING FROM CONTRACTS ENTERED INTO BY ZELMAN RENTON LLC BETWEEN DECEMBER 2, 1997 AND THE DATE OF THE POLICY. CI IICAGO'ITI LL INSURANCE COMPANY owNEXTH/1u4I/EK Jan- 13-98 04 : 20P ZELMAN EXEC DEPT 213 533 8134 P . 12 'ICAGO TITLE INSURANCE COMP. _ Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190570 J 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 10 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON AN EASTERLY PORTION OF PARCEL J RECORDED: JULY 19, 1974 RECORDING NUMBER: 7407190572 CT 6. THE RIGHT OF THE TRACK OWNER TO THE SPUR TRACKS AND REMOVAL OF SAME, WHICH ARE LOCATED ON SAID ?REMISES. L 7. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY, A MINNESOTA CORPORATION RECORDED: AUGUST 24, 1966 RECORDING NUMBER: 6073134 AS FOLLOWS: EXCEPTING AND RESERVING UNTO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS FOREVER, ALL IRON. NATURAL GAS, COAL, OIL AND ALL MINERALS OF ANY NATURE WHATSOEVER UPON OR IN THE LANDS ABOVE DESCRIBED, TOGETHER WITH THE SOLE, EXCLUSIVE AND PERPETUAL RIGHT TO EXPLORE FOR, REMOVE AND DISPOSE OF THE SAME BY ANY MEANS OR METHODS SUITABLE TO THE GRANTOR, ITS SUCCESSORS AND ASSIGNS, BUT WITHOUT ENTERING UPON OR USING THE SURFACE OF SAID LANDS OR TO INTERFERE WITH THE USE THEREOF BY THE GRANTEES, THEIR HEIRS AND ASSIGNS. M AFFECTS: PARCELS A AND D Q AFFECTS: PARCELS A, 3, C, D, E, F, G, I AND J 5 8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE 81-2-08117-7. CHICAc oTM.I1 INSURANCE COMPANY Jan- 13-98 04: 20P ZELMAN EXEC DEPT 213 533 8134 P . 11 ICAGO TITLE INSURANCE COMPA• . Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS A 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: DEED PURPOSE: RIGHT OF THE PUBLIC TO MAINTAIN DRAINAGE DITCH AFFECTS: NORTHERLY PORTION OF PARCELS L AND N; AND OTHER PROPERTY RECORDED: APRIL 10, 1907 RECORDING NUMBER: 479017 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: PUBLIC UTILITIES (INCLUDING WATER AND SEWER) , WITH NECESSARY APPURTENANCES AREA AFFECTED: A 15 FOOT WIDE STRIP OF LAND AND A 25 FOOT STRIP OF LAND OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS B, E, G AND N RECORDED: APRIL 25, 1974 RECORDING NUMBER: 7404250404 H 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON PORTIONS OF PARCELS D, E, F, J AND K RECORDED: JUNE 17, 1974 RECORDING NUMBER: 7406170474 4 . EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF RENTON, A MUNICIPAL CORPORATION PURPOSE: ROADWAY AND PUBLIC UTILITIES (INCLUDING WATER AND SEWER) WITH NECESSARY APPURTENANCES AREA AFFECTED: A STRIP OF LAND 15 FEET IN WIDTH OVER, THROUGH, ACROSS AND UPON A NORTHWESTERLY PORTION OF PARCEL K CHICAC O'I'1TI,F INSLRANCI:COMP.\NY nwNExros/1-13-91/EX uexn- 13-yr1 U4 : Z11-* LtLMAN txtc DEPT 213 533 8134 P . 13 [ICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS T AFFECTS: PARCELS H, I, J, K, L AND N U 9. ANY QUESTIONS RELATING TO THE TRUE LOCATION OF THE DRAINAGE DITCH AS IT PRESENTLY EXISTS IN RELATION TO THE RIGHT OF WAY BOUNDARIES ESTABLISHED BY DECREE ENTERED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 32912. BW 10. TERMS AND CONDITIONS OF CONSENT DECREE FILED IN KING COUNTY UNDER SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 REGARDING CLEANUP OF CONTAMINATION. CD 11. THE EFFECT OF ANY VIOLATION OF LAWS, ORDINANCES OR REGULATIONS RELATING TO ENVIRONMNETAL PROTECTION AS DISCLOSED BY INFORMATION CONTAINED IN KING COUNTY SUPERIOR COURT CAUSE NUMBER 97-2-17988-2 AND/OR OTHER COURT FILES RELATED THERETO. CG 12 . PENDING ACTION IN KING COUNTY SUPERIOR COURT: CAUSE NUMBER: 97-2-17988-2 FILED: JULY 18, 1997 BEING AN ACTION FOR: ENTER CONSENT DECREEE PLAINTIFF: STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY DEFENDANT: ZELMAN RENTON L.L.C. ATTORNEY FOR THE PLAINTIFF: MARK C. JOBSON CX 13 . MATTERS DISCLOSED BY A SURVEY OF THE PREMISES BY BARGHAUSEN CONSULTING ENGINEERS, INC. , DATED OCTOBER 22, 1996, JOB NO. 5911 : A. ENCROACHMENT BY CARPORT INTO AREA BETWEEN PARCELS L AND N. B. ENCROACHMENT BY SATELLITE DISH APPURTENANT TO HOUSE ON PARCEL L INTO AREA BETWEEN PARCELS L AND N. C. CHAIN LINK FENCE ALONG NORTH LINE MEANDERS ALONG EITHER SIDE OF LINE BY APPROXIMATELY 1 FOOT. D. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF (4) 72" CULVERTS LOCATED ALONG THE EAST LINE OF SAID PREMISES. E. ANY ADVERSE RIGHTS RESULTING FROM THE EXISTENCE OF A RAILROAD BUILDING LOCATED AT THE EAST END OF PARCEL O. DD 14 . EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: GLACIER PARK COMPANY RECORDED: SEPTEMBER 9, 1978 CHICAGO llll.E 1NSURANC1:COMPANY Jan-13-98 04: 21P ZELMAN EXEC DEPT 213 533 8134 P. 14 [ICAGO TITLE INSURANCE COMPA Policy No.: 445622 EXTENDED OWNER POLICY SCHEDULE B (Continued) SPECIAL EXCEPTIONS RECORDING NUMBER: 7809080987 AS FOLLOWS: SAVING AND RESERVING, HOWEVER, UNTO SAID GRANTOR, ITS SUCCESSORS AND ASSIGNS, ALL OF THE COAL, OIL, GAS, CASINGHEAD GAS AND ALL ORES AND MINERALS OF EVERY KIND AND NATURE UNDERLYING THE SURFACE OF THE PREMISES HEREIN CONVEYED, TOGETHER WITH THE FULL RIGHT, PRIVILEGE AND LICENSE AT ANY AND ALL TIMES TO EXPLORE, OR DRILL FOR AND TO PROTECT, CONSERVE, MINE, TAKE, REMOVE AND MARKET ANY AND ALL SUCH PRODUCTS IN ANY MANNER WHICH WILL NOT DAMAGE STRUCTURES NOR DISTURB THE SURFACE NOR INTERFERE WITH THE USE OF THE PREMISES HEREIN CONVEYED. DS AFFECTS: PARCEL 0 .. DM CF SC DOLE s •* AUTHORIZED IGNATORY Loan Policy Endorsements: N/A Owner' s Policy Endorsements: 103.7; 116 .4; 100.29 CHICAGO TITLE INSURANCE COMPANY **************************************************************** City of Renton WA Reprinted: 01/16/98 12 : 07 Receipt **************************************************************** Receipt Number: R9800307 Amount : 3 , 000 . 00 01/16/98 12 : 07 Payment Method: CHECK Notation: #3012 ZELMAN Init : LMN Project #: LUA98-005 Type: LUA Land Use Actions Total Fees : 3 , 207. 04 This Payment 3 , 000 . 00 Total ALL Pmts: 3 , 207. 04 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0007 Environmental Review 200 . 00 000 . 345 . 81 . 00 . 0014 Rezone 2 , 800 . 00 **************************************************************** City of Renton WA Reprinted: 01/16/98 12 : 07 Receipt **************************************************************** Receipt Number: R9800308 Amount : 207. 04 01/16/98 12 : 07 Payment Method: CHECK Notation: #41810 CNA ARCH Init: LMN Project #: LUA98-005 Type: LUA Land Use Actions Total Fees : 3 , 207 . 04 This Payment 207. 04 Total ALL Pmts : 3 , 207. 04 Balance: . 00 **************************************************************** Account Code Description Amount 000 . 345 . 81 . 00 . 0014 Rezone 200 . 00 000 . 05 . 519 . 90 .42 . 1 Postage 7. 04