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Home My WebLink AboutLUA78-145 /erA OF R�� A �« THE CITY OF RENTON ,� © MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 n M a, BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT 94 co- 235- 2550 0 SEPS��O May 8 , 1980 Mr . James W. Dalpay P .O . Box 2436 Renton , Washington 98055 RE : R-145-78 ; JAMES W. DALPAY REZONE Dear Mr . Dalpay : After reviewing the above file and the decision of the City Council to remand the application back to the Hearing Examiner for reconsideration after the application was amended , it will be necessary for you to submit the amended application along with the appropriate environmental checklist to evaluate the amendment . The Planning Department has consulted with Mr . Larry Warren, the City Attorney , concerning the disposition of the application after a period of two years . He has concurred that the application will have to be resubmitted for the amendment showing specifically the less-intensive use on the southern portion of the parcel in order to provide buffering between the proposed B-1 zone on the northern portion and the single family residential zoning to the south . However , not all of the fees are applicable at this stage . Only the new environmental review fees will have to be paid to activate the application . Please find enclosed the necessary application forms , the environmental review forms and the affidavits of ownership . The file will be assigned a new number to show that it is an amendment to the original application. Public hearings will have to be held on the proposal by the Hearing Examiner as indicated in his letter of June 7 , 1978 . If you should have any further questions regarding this matter , please do not hesitate to contact this department . Very truly yours , Gordon Y. Ericksen, Planning Director (� I (1 Roger J . Blaylock , Associate Planner RJB ;sh File No. R-143-78 James W. Dalpay • DECLARATION OF RESTRICTIVE COVENANTS WHEREAS,_James W. Dalpay and his wife Diane G. Dalpay are the owners of the following real property in the City of Renton, County of King, State of Washington, described as follows: • Lots 21 through 28 inclusive in Block 28 of C.D. Hillman's Earlington Garden Addition to the City of'Seattle, Division No. 1, as per plat • CD recorded in Volume 17 of Plats, page 74, records of King County. O vD WHEREAS, the owners of said described property, hereinafter "the property," ct ON desire to impose the following restrictive covenants running with the land as to use, present and future, of the property; • NOW, THEREFORE, the aforesaid owners hereby establish, grant and impose restrictions and covenants running with the land as to the use of the land hereinabove described with respect to the use by the undersigned, their successors, • heirs and assigns, as follows: SETBACKS A minimum 20-foot setback.shall be retained along S.W. 12th Street; a minimum 10-foot setback shall be retained along the east property line; and a minimum 10-foot setback shall be retained along the north property line. LANDSCAPING . A minimum 20-foot landscape strip shall be provided adjacent to S.W. 12th Street; a minimum 10-foot landscape strip shall be provided adjacent to the east property line; and a minimum 10-foot landscape strip shall be provided adjacent to the north property line. A detailed landscape plan shall be submitted to and approved by the Renton Planning Department as part of the building permit application. OUTSIDE STORAGE AREAS • Outside storage of materials, equipment, and containers may be permitted within the-buildable portion of the property when said storage is properly screened by a sight-obscuring fence not less than six feet in height nor more than 10 feet in height, together with a minimum five-foot landscape strip subject to review and approval of the Renton Planning Department. DURATION These.covenants shall run with the land and expire on December 31,' 2025. If at any time improvements are installed pursuant to these covenants, the portion of the covenants pertaining to the specific installed improvements as required by the Ordinances of the City of Renton shall terminate without necessity of further documentation. . Any violation or breach of these restrictive covenants may be enforced by proper legal procedures in the Superior Court of King County by either the City of Renton or any property owners adjoining subject property who are adversely affected by 0 • 4p said breach. Reasonable attorneys' fees incurred during an enforcement proceeding O -D • will be borne by the parties whom the court determines are in error and shall be dT Oentered as a judgment in such action. r 7,"-7-----7---ze• , ..e,-47 /A .-- i Jaffe . Dalpay Le. _.>47 ( 4/2/2-1Paj Diane G. Dalpay . STATE OF WASHINGTON) COUNTY OF KING ) On this V - day of k pa'.\ , 19-1 , before me personally appeared -c- . `, �.l), w\ ?�� .)k \`Q, (A. . )2\ `a! , the persons who executed the within and foregoing instrument, and acknowledged • said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentioned. • IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. \\,qX6•( -'\'`(1 . \ ..kb),)I) Notary, Public in and for the Mate of Washington, residing in VA'..,AvrAl • ,tea ; -2- City Clerk's Office: Restrictive Covenants are being held in the Hearing Examiner's office pending outcome of appeal. 0-1/ : '''r' Marilyn iliI v N ;,i L, 1-17-79 Applicant will be submitting a revised application for reduction in density. As of this date, the application has not been submitted. Hearing Examiner's Office TICKLER TO • ' ' DATE DATE OF FROM MATERIAL— REFERRED SUBJECT ." ; TAKEN DATE -' BY - q TAKEN '--.1 r.' ' ' SIGNED REMARKS ,, t' rc,- .... ..? 4.4✓�•_,,, �f J 'r_•�'_/,-'!I�r. j, ., „,,,,,,, ,e, . ,- / , ,..S- ---- 7,-,- - , i'AI'P-7---ili y'/ CITY :CLERK' S OFFICE INTER-OFFICE MEMORANDUM T O: Hearing Examiner DATE : 6/6/78 _.,„ FROM: City Clerk's Office SUBJECT : Dalpay Rezone 145-78 The Renton City Council at its regular meeting of 6/5/78 remanded the above rezone file R-1.45-78 back to your office for reconsideration of this applica- tion as amended by the Planning and Development Committee. Report attached. The City Council also referred appeal petition of Nick Petruska, et al , of 5/25 to the Hearing Examiner for review during your reconsideration of the matter. Letter attached. . The entire Rezone file is forwarded for your reconsideration. . cc: Planning and Development Committee Chairman ' Planning Department Council President Mayor Finance Director City Attorney — RECEIVED • ' JUN'1 1978 May 25, 1978 t" .; CITY ;= COUNCIL . ::; - >..? RENTON, WA ,4, 3 , . "The Honorable Charles J. Delaurenti, Mayor , . Members of the Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 . - RE: JAMES W. DALPAY Appeal from Hearing Examiner' s Recommendation . • Hearing Examiner's File No,, R-145-78 • Dear Mayor Delaurenti and Members of the • ' Renton City Council : On April 2R, 1978, a letter was received by the City of Renton to appeal the decision rendered by the Hearing Examiner in the above referenced matter on April 17, 1978. The afore- • mentioned letter requested the City Council to review the Hearing Examiner',s denial of the rezone based on the fact that the Hearing Examiner's decision was totally in error. We feel this letter does not constitute an appeal in accordance with Title IV, Section 3016 of the City Code but is merely a general letter stating no specific errors of fact or law. We feel that the attached letter dated May 18, 1978, .submitted to the members of the City Council should • be considered invalid for use by the Planning and Development Committee as it was not timely filed, . This letter contains no • new evidence or information which was not already considered at the hearing of April 11, 1978, by the Hearing Examiner, We do not feel the subject property, which is now residential • annd. bordered to the west by long-term residential housing, would • be in .compliance with the Comprehensive Plan if. the B-i Rezone is !granted. We feel that adequate information was presented at the hearing • on April 11, 1978, and that the Hearing Examiner's decision should stand, Sincerely yours, . _.74._ 7g ac, . ' ',LA-4...ti--,ig- z'.�a-,,"e_�`2-4,,, N• 1',ck' P,ebxuska d. _ 1_..i.,‘(-__ . -•.L W" -^/ ,�„�•-.E--ep-' - `-- William G.. Fox a 3 ,--) J � `/j ,__ „..„.....„:,_ ,.,,. Betty `Bauer.! Sennie As Crookston RENTON CITY COUNCIL Regular Meeting June 5 , 1978 Council Chambers Monday , 8 : 00 P . M. Municipal Building MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance to the Flag and called the regular meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; GEORGE J. PERRY, PATRICIA M. COUNCIL SEYMOUR-THORPE, RICHARD M. STREDICKE, BARBARA Y. SHINPOCH, CHARLES F. SHANE AND THOMAS W. TRIMM. CITY OFFICIALS CHARLES J. DELAURENTI, Mayor; GWEN MARSHALL, Finance Director; IN ATTENDANCE DEL MEAD, City Clerk; LAWRENCE WARREN, Acting City Attorney; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; DONALD CUSTER, Administrative Assistant; JOHN BUFF, Police Representative; RICHARD GEISSLER, Fire Chief; SHARON GREEN, Personnel Director; JOHN WEBLEY, Parks and Recreation Director. PRESS GREG ANDERSON, Renton Record Chronicle ' MINUTE APPROVAL MOVED BY CLYMER, SECOND THORPE, COUNCIL APPROVE MINUTES OF MAY 22, 1978 AS PREPARED. CARRIED. AUDIENCE COMMENT James Van Osdell , 3030 NE 10th St. , Manager of Sunset View Apart- ments, requested Council reconsider Ordinance #3222 which requires Smoke Detector installation of smoke detectors in occupancies rented, leased or Ordinance let. Mr. Van Ausdal explained problems anticipated with require- ment that tenants furnish maintenance of the unit and asked for reconsideration in order to comply with RCW 59.18 Landlord Tenant Act. MOVED BY CLYMER, SECOND THORPE, MR. VAN AUSDAL'S REMARKS BE REFERRED TO THE WAYS AND MEANS COMMITTEE. MOTION CARRIED. Planning and Due to interested persons being present, Committee Chairman Perry Development 'Report presented Planning and Development Committee report re James W. James W. Dalpay Dalpay Appeal of Hearing Examiner's Decision of 4/17/78 Sunset Appeal of Examiner' s Rezone R145-78, noting review and consideration with applicant Decision Rezone and his attorney, Robert McBeth, present. The report noted the R-145-78 Union NE applicant agreed to amend his application to provide for a less between NE 12th and intensive use of the southern portion of the parcel to provide buf- NE Sunset Blvd. fering between proposed B-1 rezone on the northern portion and the Remanded Bank to single family residential zoning to the South. The committee Hearing Examiner recommended that the Council remand this matter to the Hearing Examiner for reconsideration of this application as amended. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR IN COMMITTEE RECOM- MENDATION. CARRIED. (See later action - Correspondence. ) • R. P. Ross 'Appeal 'The Planning and Development Committee Chairman Perry presented Examiner's the following report: The Planning and Development Committee has Reconsideration considered the record and the Hearing Examiner's written decision, Decision 12/9/77 findings and conclusions R.P. Ross Appeal of Examiner's reconsidera- Short Plat .088-77 tion decision of 12/9/77 re Short Plat 083-77 and Exception 089-77. and Except. 089-77 The Committee has considered the hardship imposed upon the appli- Area of cant by the provisions of the Short Plat Ordinance in that other 516 SW 3rd Place surrounding neighbors have been able to short plat their property without providing the access required by the present Short Plat Ordinance. Applicant has obtained alternative access to the property in accordance with the conditions imposed by the decis- sion of the Hearing Examiner. The Planning and Development Committee recommended that the City Council concur in the recommendation of the Hearing Examiner and recommended approval of the application for short plat and exception under the same conditions imposed by the Hearing Examiner, and further conditioned upon delivery to the City of deeds of dedication to the alternative access way. MOVED BY PERRY, SECOND CLYMER, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDA- TION. CARRIED. , Renton City Council 6/5/78 Page 2 OLD BUSINESS Transportation Transportation Committee Chairwoman Shinpoch presented report Committee Report regarding Parkwood South Sub-Division Plat and recommended that the Administration be directed to discuss with the Developer the Parkwood South feasibility of a direct route from Division #3 to 116th Ave. SE Access rather than the proposed connection to Edmonds Dr. SE. The report also requested the Administration report back to the Transporta- tion Committee. MOVED BY SHINPOCH, SECOND PERRY, COUNCIL CONCUR IN THE REPORT. CARRIED. Six-Year Street The committee report recommended that a public hearing be set for and Arterial June 19, on the Six-Year Street Program.. Chairwoman Shinpoch noted Program the plans and maps are available with the Public Works Department. Public Hearing MOVED BY SHINPOCH, SECOND CLYMER, COUNCIL CONCUR IN THE COMMITTEE 6/19/78 REPORT. CARRIED. Signalization The Transportation Committee report recommended acceptance of the Contract Award low bid by Signal Electric, Inc. in the amount of $101 ,945.50 for Federal Aid/FAM signalization of Duvall Ave. ME and NE Sunset Blvd along with Project NE 4th St. and Monroe Ave NE, as recommended by the Public Works Department. The report noted award will be contingent upon receipt cby the City of an "Authorization to Award" from the Federal and State agencies. MOVED BY SHINPOCH, SECOND CLYMER, COUNCIL CONCUR IN COMMITTEE REPORT. Councilwoman Thorpe inquired re inclusion of provisions for prevention of cost overruns, Public Works Director Gonnason noted precautions taken. MOTION CARRIED. Ways & Means Ways and Means Committee Chairman Stredicke presented committee re- Committee Report port recommending that the Mayor and City Clerk be authorized to Bond Sale sign an agreement with Seattle Northwest Securities for the sale LID #306 of $35,477.36 in bonds on LID #306 (Sanitary Sewers , area between Seattle Northwest Sunset Blvd. NE and FAI-405, north' of NE 7th Street) . MOVED BY Securities STREDICKE, SECOND CLYMER, COUNCIL CONCUR IN COMMITTEE REPORT APPROVING SALE OF BONDS FOR LID #306. CARRIED. Publication The Ways and Means Committee report recommended that the referral of Maps of 2/27/78 re publication of maps with legal descriptions requires no action by the Council as the Administration is studying the proposal . Legal Publications Councilman Stredicke called attention to legal publications stating Questioned building of condominiums and inquired as to location of 2020 Grant Ave. S. , being advised by Planning Director Ericksen of location, northeast corner of intersection of GrantiAve. S and Puget Drive, West of Rolling Hills with no access to the north. Stredicke ob- jected to legal publications by attorneys and builders which appeared as City. Community Services Community Services Committee Chairwoman Thorpe presented report Committed Report noting review of the proposed agreement for the Interurban Trail Proposed Agreement System and findings that it is consistent with present planning Interurban Trail within the City and Green River Valley. The report noted funding for the trail would be from a federal grant of $320,000; staff con- cern for clarification noted and committee recommended the contract be referred to the Ways and Means Committee for review and recom- mendation. MOVED BY PERRY, SECOND THORPE, COUNCIL CONCUR IN REPORT AND REFER AGREEMENT TO THE WAYS AND MEANS COMMITTEE. CARRIED. Riverside Drive The committee report noted review and meeting with residents of Proposed Closure Riverside Drive area adjacent to Cedar River Trail , Phase III , and reported the following: (1 ) Riverside Drive is City-owned property Public Meeting deed to City in 1956 by the Commercial Waterway District and is not 6/19/78 a dedicated street; (2) Only one residence has access solely to Riverside Drive, all other structures and properties have access to N. 1st St. ; (3) Per, City Attorney, rights of access have been established by the property owners through some years use as a street; (4) The City has the right to close or leave open as long as no property owner is landlocked, but decision should be made after public meeting for the purposes of allowing public comment. The report recommended referral back to Council for public meeting on agenda 6/19/78. MOVED STREDICKE, SECOND THORPE, CONCUR IN REPORT. CARRIED. - Renton. City Clerk 6/5/78 Page 5 CORRESPONDENCE AND CURRENT PUSINESS SR-515 Letter from Arlene M. Zanga, 1609 Talbot Rd. S, called attention Public Hearing 6/22 to Council 's commitment to SR-515 approval•. MOVED BY SHINPOCH, SECOND TRIMM, REFER THE LETTER TO THE PUBLIC HEARING JUNE 22, 1978. CARRIED. Withdrawal from Letter from the Renton Police Officers Guild, John Pavone, Presi- Social Security ent requested consideration of steps necessary to remove the Renton Police Department and Police Officers ' Guild from the United States Social Security System. Letter from Renton Manage- ' ment Association, W. Gonnason, President, stated that in view of the proposed rate increases for Social Security and the financial impact it will have on the City budget, consideration of withdrawal from the Social Security System is requested. The letter noted an annuity insurance program to provide coverage for those employ- ees now covered by Social Security and at the end of required two-year time limit for withdrawal ; the City's cost would be about 75% of cost of Social Security. Moved. by Stredicke, Second Thorpe, refer to City's Negotiating Team. Substitute Motion by Thorpe, Second Trimm, refer to Budget Committee. Failed. SUB- STITUTE MOTION BY PERRY, SECOND THORPE, REFER TO WAYS AND MEANS COMMITTEE TO REPORT BACK. CARRIED. Shoreline Master Letter from Quendall Terminals, Donald 0. Norman, provided material Plan Revision outlining steps taken re application by Barbee Mill Co. for develop- Requested by ment of permit under the Shoreline Management Act, re application Quendall Terminals for special grading permit regarding maintenance dredging at the mouth of the May Creek, re recommendation of the Planning Staff that permit be issued, re denial of permit by the Hearing Examiner upon opinion of the City Attorney. The letter further explains belief that error exists in the Master Program and asks correction of wording which would be consistent with conditions of dredging permits issued by the State Department of Fisheries and the EPA. MOVED BY THORPE, SECOND PERRY, THIS MATTER BE REFER- RED TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Dalp.ay Appeal MOVED BY PERRY, SECOND CLYMER, THE DALPAY APPEAL R-143-78 BE HELD Rezone 143-78 OVER UNTIL NEXT WEEK. (Rezone 143-78, 620 SW 12th St. , G-6000 1 Single Family to L-1 Light Industry had been requested. ) CARRIED. Dalpay Appeal Petition from Nick Petruska, William G. Fox, Betty Bauer and Rezone 145778 S. A. Crookston, expressed belief that appeal letter filed by (See Page 1) James W. Dalpay re Hearing Examiner's recommendation Rezone 145-78 did not constitute an appeal in accordance with City Code as it stated no specific errors of fact or law and no new evidence; therefore that Examiner' s decision of 4/11/78 should stand, noting belief that the residential property would not be in compliance with Comprehsive Plan if rezoned B-1 . Moved by Perry, Second Clymer, Refer communication to the Planning and Development pending receipt of Hearing Examiner' s report. MOVED BY THORPE, SECOND 1 STREDICKE, REFER COMMUNICATION TO THE HEARING EXAMINER FOR REVIEW IN THE RECONSIDERATION. SUBSTITUTE MOTION CARRIED. NEW BUSINESS Councilwoman Thorpe requested change in agenda preparation that Letters of letters of commendation for City personnel be placed under the Commendation Correspondence and Current Business portion of agenda rather than Consent Agenda. Public Works Councilwoman Thorpe noted her concern and requested the Administra- Contracts tion review the present procedure for drawing up contracts with Procedure regard to financial responsibility. Public Works Director Gonnason noted complex procedure with Federal and State funding. Citizen Award Councilman Stredicke requested reinstatement of procedure for Requested Citizen Awards for outstanding service to the community and sug- • . gested Erwin Fey, noting Mr. Fey's many years of maintaining high 1 quality, family films;also noting Mr. Fey had, sold the theaters. I , Renton City Council '';s , V �;.n9P 6/5/78 Page 6 • -`:; • New Business - Continued Senior Citizens' Councilman Shane inquired re adequate funding for the new Senior Center , Citizens' Center and relocation of water and telemetry shop, suggesting Utility funds could not be used for the relocation • • and suggesting placement of 2% tax on paramutel betting and elimination of 6% utility tax. AUDIENCE COMMENT Parks and Recreation Director Webley, presented metal box from the Old Earlington old Earlington School which had been found by the contractor dur- School Treasurers ing demolition. Webley also presented packet of papers from the box, noting the box and papers have been donated to the Renton Historical Society who will place the box and contents on display. Executive Session MOVED BY STREDICKE, SECOND SHINPOCH, COUNCIL CONVENE IN EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS. CARRIED. 10:05 P.M. All Council Members were present upon reconvening in regular ADJOURNMENT session. MOVED BY CLYMER, SECOND PERRY, COUNCIL MEETING ADJOURN. CARRIED. 11 :10 P.M. Delores A. Mead C.M.C. City Clerk ,. OF RA, iv U ;O t O OFFICE OF THE CITY ATTORNEY• RENTON,WASHINGTON ��.;�-�`� POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON. WASHINGTON 98055 255-8678 z L 0 ,.N', � LAWRENCE I.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY '00 June 2, 1978 9��E� SEPS°�� MEMORANDUM TO: COUNCIL MEMBERS FROM: PLANNING & DEVELOPMENT COMMITTEE RE: File No . R145-78 James W. Dalpay Appeal of Hearing Examiner ' s Decision dated April 17, 1978 "Sunset Rezone" The Planning and Development Committee has considered the record and the Hearing Examiner' s written decision, findings and conclusions in the above matter. The applicant was present at the Committee meeting with his attorney, Robert McBeth. At that time the applicant agreed to amend his application to provide for a 'less intensive use on the southern portion of the parcel in order to provide buffering between the proposed B-1 rezone on the northern portion and the single family residential zoning to the south. Therefore, the Committee recommends that the Council remand this matter to the Hearing Examiner for reconsideration of this application as amended. This reconsideration should be accomplished as quickly as possible, and after public notice is given of the nature of the amended application. George Perry, Chairman Barbara Shinpoch Patricia Seymour-Thorpe CITY CLERK' S OFFICE INTER-OFFICE MEMORANDUM TO: Hearing Examiner DATE : 6/6/78 FROM: City Clerk's Office SUBJECT : Dalpay Rezone 145-78 The Renton City Council at its regular meeting of 6/5/78 remanded the above rezone file R-145-78 back to your office for reconsideration of this applica- tion as amended by the Planning and Development Committee. Report attached. The City Council also referred appeal petition of Nick Petruska, et al , of 5/25 to the Hearing Examiner for review during your reconsideration of the matter. Letter attached. The entire Rezone file is forwarded for your reconsideration. cc: Planning and Development Committee Chairman Planning Department Council President Mayor Finance Director City Attorney „i-za RECEIVED CITY OF RENTON HEARING EXAMINER J U N 71978 AM PM 718e9110,11112i112s3I4I5i6 ®F4 R 'v 4 �, o THE CITY OF .RENTON • MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 I c pp ® - CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER L. RICK BEELER , 235-2593 O 'ED SEP1*7- June 7, 1978 James W. Dalpay P.O. Box 2436 Renton, WA 98055 RE: File No. R-145-78; James W. Dalpay Rezone. Dear Mr. Dalpay: Today I .received official notification that the City Council has remanded the referenced application back to me. It is my understanding that 'you have amended your application. Please submit your amended application to the Planning Department for their review, and for establishment of a public hearing date. Since the application has been amended, a public hearing is necessary for consideration of this new information. Sinc- ely �1t.. L. Rick Beeler Hearing Examiner cc: Planning Department t. v �, 0 THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON.WASH.98055 0 = CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER A- L. RICK BEELER . 235-2593 Oc®SEPit46 June 7, 1978 TO: Gordon Y. Ericksen, Planning Director FROM:. L. Rick Beeler, Hearing Examiner SUBJECT: File No. R-145-78; James W. Dalpay Rezone Per the attached memorandum of June 6, 1978 from the City Clerk, this matter has been remanded back to me by the City Council. Due to the fact that the application is being amended by the applicant, another public hearing is necessary. I have requested that Mr. Dalpay submit the amended application to your department for review and establishment of a hearing, date. There is nothing in the record to indicate specific amendments to the application. .016 r L. Rick Beeler cc: ; Mayor Charles J. Delaurenti Lawrence J. Warren, City Attorney CITY CLERK ' S OFFICE INTER-OFFICE MEMORANDUM TO: Hearing Examiner DATE : 6/6/78 FROM: , City Clerk's Office SUBJECT : Dalpay Rezone 145-78 The.I Renton City Council at its regular meeting of 6/5/78 remanded the above rezone file. ,R-1:45-78 back to your office for reconsideration of this applica- tionias amended by the Planning and Development Committee. Report attached. The. City, Council also referred appeal petition of Nick Petruska, et al , of 5/25 to the Hearing Examiner for review during your reconsideration of the matter. Letter•attached. . The entire Rezone file i.s forwarded for your reconsideration. cc: Planning and Development Committee Chairman Planning Department ;Council President Mayor Finance Director City. Attorney RECEIVED CITY OF..RENTON HEARING EXAMINER JUN 71978 PM AM 71819110111112111213141516 pF �� . U �` OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON ;t'3!; 'POST OFFICE BOX 626 100 2nd AVENUE BUILDING • RENTON,WASHINGTON 98055 255-8678 0 sum eel Et- • LAWRENCE J.WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY 094 0 • �P� June 2, 1978 i'Fo • MEMORANDUM TO: COUNCIL MEMBERS • FROM: PLANNING & DEVELOPMENT COMMITTEE RE: File No . R145-78 James W. Dalpay Appeal of Hearing Examiner ' s Decision dated April 17, 1978 "Sunset Rezone" • • The Planning and Development Committee has considered the record and the Hearing Examiner' s -written decision,. findings and conclusions in the above matter. The applicant was present at the 'Committee meeting with his attorney, Robert McBeth. . At that time the applicant agreed to -amend his application to provide for ,a less intensive use on the southern portion of the parcel in order to provide buffering between- the proposed B-1 rezone on the northern portion and the single ,family residential zoning, to . the south: Therefore, the Committee recommends that the Council remand this matter to the ' Hearing Examiner for reconsideration of this application as amended. This reconsideration should be accomplished as quickly- as possible, and after public notice is given of the nature of the amended application. • • G ge rry, C airman • • `, "-r Barbara Shinpoch• 4) Patricey&ThorPe • RENTON CITY COUNCIL Regular Meeting June 5 , 1978 Council Chambers Monday , 8 : 00 P . M . Municipal Building MINUTES CALL TO ORDER Mayor C. J. Delaurenti led the Pledge of Allegiance to the Flag and called the regular meeting of the Renton City Council to order. ROLL CALL OF EARL CLYMER, Council President; GEORGE J. PERRY, PATRICIA M. COUNCIL SEYMOUR-THORPE, RICHARD M. STREDICKE, BARBARA Y. SHINPOCH, CHARLES F. SHANE AND THOMAS W. TRIMM. CITY OFFICIALS CHARLES J. DELAURENTI, Mayor; GWEN MARSHALL, Finance Director; IN ATTENDANCE DEL MEAD, City Clerk; LAWRENCE WARREN, Acting City Attorney; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; DONALD CUSTER, Administrative Assistant; JOHN BUFF, Police Representative; RICHARD GEISSLER, Fire Chief; SHARON GREEN, Personnel Director; JOHN WEBLEY, Parks and Recreation Director. PRESS GREG ANDERSON, Renton Record Chronicle MINUTE APPROVAL MOVED BY CLYMER, SECOND THORPE, COUNCIL APPROVE MINUTES OF MAY 22, 1978 AS PREPARED. CARRIED. AUDIENCE COMMENT James Van Ausdal , 3030 NE 10th St. , Manager of Sunset View Apart- ments, requested Council reconsider Ordinance #3222 which requires Smoke Detector installation of smoke detectors in occupancies rented, leased or Ordinance ' let. Mr. Van Ausdal explained problems anticipated with require- ment that tenants furnish maintenance of the unit and asked for reconsideration in order to comply with RCW 59. 18 Landlord Tenant Act. MOVED BY CLYMER, SECOND THORPE, MR. VAN AUSDAL'S REMARKS BE REFERRED TO THE WAYS AND MEANS COMMITTEE. MOTION CARRIED. Planning and Due to interested persons being present, Committee Chairman Perry Develo•ment, Resort presented Planning and Development Committee report re James W. James W. Dalpay Dalpay Appeal of Hearing Examiner's Decision of 4/17/78 Sunset Appeal of Examine ' s Rezone R145-78, noting review and consideration with applicant Decision Rezone and his attorney, Robert McBeth, present. The report noted the R-145-78 Union NE applicant agreed to amend his application to provide for a less between NE 12th and intensive use of the southern portion of the parcel to provide buf- NE Sunset Blvd. . fering between proposed B-1 rezone on the northern portion and the Remanded Back to single family residential zoning to the South. The committee Hearing Examiner recommended that the Council remand this matter to the Hearing Examiner for reconsideration of this application as amended. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR IN COMMITTEE RECOM- MENDATION. CARRIED. (See later action - Correspondence. ) R. P. Ross Appeal The Planning and Development Committee Chairman Perry presented Examiner's the following report: The Planning and Development Committee has Reconsideration considered the record and the Hearing Examiner's written decision, Decision 12/9/77 findings and conclusions R.P. Ross Appeal of Examiner' s reconsidera- Short Plat-088-77 tion decision of 12/9/77 re Short Plat 088-77 and Exception 089-77. and Except.' 089-77 The Committee has considered the hardship imposed upon the appli- Area of cant by the provisions of the Short Plat Ordinance in that other 516 SW 3rd Place surrounding neighbors have been able to short plat their property without providing the access required by the present Short Plat Ordinance. Applicant has obtained alternative access to the property in accordance with the conditions imoosed _by the deci s- sion of the Hearing Examiner. The Planning and Development Committee recommended that the City Council concur in the recommendation of the Hearing Examiner and recommended approval of the application for short plat and exception under the same conditions imposed by the Hearing Examiner, and further conditioned upon delivery to the City of deeds of dedication to the alternative access way. MOVED / BY PERRY, SECOND CLYMER, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDA- TION. CARRIED. / • Yoe- 6 -s- May 25, 1978 ;c-,' R,, \_:: The Honorable Charles J. Delaurenti, Mayor �; T ^rr' Members of the Renton City Council ` � t Renton Municipal Building 200 Mill Avenue South, Renton, Washington 98055 RE: JAMES W. DALPAY Appeal from Hearing Examiner's Recommendation Hearing Examiner's File No, R-145-78 Dear Mayor Delaurenti and Members of the Renton City Council : On April 28, 1978, a letter was received by the City of Renton to appeal the decision rendered by the Hearing Examiner in the above referenced matter on April 17, 1978. The afore- mentioned letter requested the City Council to review the Hearing Examiner' s denial of the rezone based on the fact that the Hearing Examiner's decision was totally in error. We feel this letter does not constitute an appeal in accordance with Title IV, Section 3016 of the City Code but is merely a general letter stating no specific errors of fact or law. We feel that the attached letter dated May 18, 1978, submitted to the members of the City Council should be considered invalid for use by the Planning and Development Committee as it was not timely filed, . This letter contains no new evidence or information which was not already considered at the hearing of April 11, 1978, by the Hearing Examiner, We do not feel the subject property, which is now residential -and bordered to the west by long-term residential housing, would he in compliance with the Comprehensive Plan if the B-1 Rezone is granted. We feel that adequate information was presented at the hearing on April 11, 1978, and that the Hearing Examiner's decision should stand. Sincerely yours, szeelt_ N;c14 Petfuska t11‘,4P: 27 /4)41' fi G- zL 9i- , William G. Fox e-4) Betty ?Sauer Sennie A. Crookston - GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H. DONALD GOUGE P.O. BOX 26 ROBERT E. McBETH 505-B SOUTH THIRD STREET GARY F. FAULL RENTON,WASHINGTON 98055 ALPINE 5-5600 May 18 , 1978 • Members of the City Council • City of Renton Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 Re: James W. Dalpay Appeal from Hearing Examiner ' s Recommendation Hearing Examiner' s 'File No. R-145:78 Dear Council Members : On April 28 , 1978 , we filed our appeal from the recommenda- tion made by the Hearing Examiner in the above referenced matter. The appeal was filed at that time to meet your time deadline and was made before I had had a sufficient opportunity to review this matter and formulate a written statement in support of that appeal. I have now had an opportunity to review the matter more thoroughly and sub- mit that the Hearing Examiner' s recommendation should be rejected for the reasons set forth in this letter. The property involved in this rezone request is situated • at the corner of Union Avenue Northeast and Northeast • 12th Street, Renton, Washington. It is our understanding and position that this area has been designated as a "retail-commercial" use according to the Comprehensive Plan. The City Planning Department apparently disputes that contention , and the Hearing Examiner has accepted the Planning Department' s position in that regard. (Findings 6 and 7) . Unfortunately, the record relating to the adoption of the Comprehensive Plan, and amendments thereto, is not terribly clear, but we believe these findings to be incorrect and to constitute grounds for rejection on the Hearing Examiner' s recommendation. I am attaching herewith a copy of City Ordinance Nos . 2142 and 2439 . As we understand the record of prior Council. action in this regard, the original Comprehensive Plan was adopted by approval of a Comprehensive Land Use Map, rather than adoption of an ordinance setting forth speci- fic legal descriptions of the property effected. There- Members of the City Council City of Renton May 18 , 1978 - Page 2. after, the City Council has adopted several, amendments to the Comprehensive Plan, each time setting forth the legal descrip- tions of the properties involved. The two cited Ordinances enclosed herein modify the Comprehensive Plan as it effects this property. Under Ordinance No. 2142 , this area was designated "retail-commercial" (Finding No. 7) . The Hearing Examiner then states that this designation was revised to "medium-density multi-family" '.finder City Ordinance No. 2439 (Finding No. 7) . As I read Ordinance No. 2439 , that Finding is in error. Ordinance No. 2439 does not effect this property at all. It effects only property lying easterly of and southerly of our site. This Ordinance did not change the Comprehensive Plan designation for our property, and it should therefore remain "retail-commercial" . We believe that this is a. proper land use designation for this property and that the rezone requested should be approved as being in conformance with the Comprehen- sive Plan. Additionally, we feel that our proposal is consistent with the development which has occurred in the surrounding area and creates little conflict with the residential areas lying to the south and west of the subject site. The property lying to the north and east of the subject site has been developed into a rather intense retail-commercial use. Our proposal for a low-profile business use is compatible with adjacent uses , blends in well with the adjacent residential uses , and should be approved. Lastly, we do not agree that our proposal is in any way in- consistent with or incompatible with the goals and policies of the Comprehensive Plan. We dispute the inference that approval of our request would in any way contribute to a reduction in property values or contribute to a decay or obsolescence in adjacent residential areas. We feel that this proposal would encourage the development and utiliza- tion of the land to its highest and best use and would promote the best interest of the community and contribute to its over-all attractiveness and desirability as a place in which to work, shop, live and' play. We see no reason presented for denial of this rezone request and would ask that the same now be approved. Vztrl, ours,, , OBERT E. McBETH REMcB:mr I . , JV�-- � Renton City: Cou cif 5/22/78 Page 3 Old Business - Continued - Planning and Development Committee Report - Continued Resolution #2184 Ordinance, as amended, be placed on first reading and referred back Authorizes to the Ways and Means Committee. The resolution was read listing Ordinance re reasons and recommending that portions of the H-1 Zoning Ordinance H-1 Zoning, (Sections 4-713) and the Bulk Storage Ordinance (Sec. 4-702) be Prohibits amended to prohibit additional petroleum storage uses as the primary Additional Petrol use of the property in the H-1 zone when total storage capacity Storage. exceeds 50,000 gallons, except that expansion of existing uses sub- ject to requirements of City Code requirements. Committee report First Readin.3 recommended first reading of the ordinance. MOVED BY PERRY, SECOND Ordinance ., MORPE, RESOLUTIONS BE ADOPTED AS READ. Upon inquiry of Councilman H-1 Zoning and Stredicke, Committee Chairman Perry noted all interested members of Bulk Storage industry present at committee meetings. Councilwoman Thorpe called Facilities on P. Kelly, 1103 IBM Bldg,_ Seattle, who advised his client, Mobile Oil Corporati on's intent to comply with Ci-ty's Bulk Storage regula- -tions and all laws. Mr. Kelly discussed the requirements as concern h dro carbon control . MOTION CARRIED AND RESOLUTION ADOPTED. Following first reading of the ordinance 're' H-1 zoning and bulk storage facilities, it was MOVED BY PERRY, SECOND SHANE, REFER THE ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. Dalpay Appeal The Planning and Development Committee report recommended continua- Continued to tion of James W. Dalpay's appeal of Hearing Examiner's decision 6/5/78 to Conside' .regarding Rezone R-145-78 to June 5, 1978. Councilman Perry noted Rezone 145-78 meeting with Mr. Dalpay 6/1/78. MOVED BY PERRY, SECOND SHANE, CON- CUR IN RECOMMENDATION OF COMMITTEE AND SET APPEAL HEARING JUNE 5. CARRIED. ORDINANCES AND RESOLUTIONS Ways and Means Ways and Means Committee Chairman Stredicke presented report recom- Committee Report mending approval for payment of Vouchers No. 18221 through No. 18407 in the amount of $443,093.08 having received departmental. approval as to receipt of merchandise and/or services. Also in- Voucher Approval cludes LID #302 Warrants: Revenue #R-16 $11 ,194.68, Cash #C-26 $79.68, Cash C-27 $10,950 and Cash #C-28 $165. Vouchers No. 18216 through No. 18220 voided. MOVED BY STREDICKE, SECOND PERRY, CON- CUR IN COMMITTEE RECOMMENDATION APPROVING VOUCHERS FOR PAYMENT. CARRIED. Ordinance #3222 The committee report recommended second and final readings for an Smoke Detector ordinance relating to the installation and maintenance of smoke Requirements detectors in occupancies - rented, leased or' let. (First reading 5/15/78) Following reading, MOVED BY THORPE, SECOND SHANE, COUNCIL ADOPT THE ORDINANCE. ROLL CALL: ALL AYES. CARRIED. First Reading The committee report recommended first reading of an ordinance Stewart Rezone rezoning certain property located at NE Sunset Blvd. and Duval NE Ordinance (138th SE) from General (G) to Business District (B-1 ) ; known as the Jack Stewart rezone. Following reading, MOVED BY STREDICKE, SECOND SHANE, REFER ORDINANCE BACK TO THE WAYS AND MEANS COMMITTEE. CARRIED. First Reading ', The report recommended first reading of two ordinances authorizing Two Ordinances condemnation and acquisition of try Edwirds and Sumi-,_..rs properties Re: Right-of-Way for construction and improvement of Lind Ave. between SW 16th and Lind Ave. SW i SW 43rd St. ' Following readings and upon discussion and inquiry, Condemnation and Public Works Director Gonnason noted no protests to LID 302, Lind Acquisition I Ave. ; however, recalled protests at first hearing, resale of property and the present disagreement over price estimates for right-of-way. MOVED BY STREDICKE, SECOND SHANE, COUNCIL REFER BOTH ORDINANCES FOR CONDEMNATION AND ACQUISITION AND AUTHORIZING THE CITv ATTORNEY TO PROCEED, BE REFERRED BACK TO THE WAYS AND MEANS ,;JMMITTEE. CARRIED. CONSENT AGENDA The following items are adopted with one motion which follows items. Claim for Damages Claim filed in amount of $290.59 by The Shampoo Co. , 450 Park N.', by Stephen Sylvia, 16167 139th P1 . SE, for sewer damage; correction of line also requested. Refer to City Attorney and Insurance Carrier; also Public Works Director. Renton City Council r . 5/22/78 . Page 4 Consent Agenda - Continued Mutual Aid Letter from Fire Chief Geissler presented mutual aid agreements Response with Kent, Tukwila% Fire Districts 29 and 25., Refer to Ways and Means Committee for proper resolution. Transfer of Funds Letter from Planning Director Ericksen requested transfer of funds in amount of $41 ,966 to Senior Citizens' Activity Center. Consult- ants account from the 1976 Housing and Comnun•ity Development Grant. Refer to Ways and Means Committee. Cedar River Trail Letter from Planning Director Ericksen attached petition from prop- Phase III - erty owners adjacent to the Cedar River Trail requesting closure Riverside Drive of North Riverside Drive to through traffic, noted meeting with Proposed Closure owners and included sketches of existing roadway and proposed cul-de-sac. Refer to Community Services Committee for review and recommendation. Consultants ' Letter from Parks and Recreation Director Webley requested Council Gene Coulon concurrence in selection of consultants as requested by the Park Memorial Beach Board, for completion of the Gene Coulon Memorial. . Beach Park. Park The letter explained scope of activities and noted sufficient funds exist in the Lake Washington Beach Forward Thrust Fund 305 to complete project. Council concur. Bid Opening Two bids were presented at the 5/17/78 opening for signal and street Signal/Street improvements at Duval NE and NE Sunset Blvd and NE 4th and Monroe Project Ave. NE projects. See attached tabulation. Refer to Transportation Committee. Consent Agenda MOVED BY SHANE, SECOND PERRY, APPROVE THE CONSENT AGENDA. CARRIED. Approved MOVED BY STREDICKE, SECOND SHANE, COUNCIL RECESS. CARRIED. 9:30-p.m. Recess Council reconvened at 9:45 p.m. Roll Call : All present as previ- ously shown. CORRESPONDENCE . Letter from Public Works Director Gonnason explained King County preparation of preliminary budget for development of surface water May Creek Basin plan for the May Creek Basin, pursuant to agreement entered into Surface Water for the May Creek Surface Water Management which provides King Management County be responsible for 50% of the cost of plan preparation and Renton, DOE, Metro and Water District #107 supply. remaining 50%. The letter explained proposed budget requires $77,000 of which $57,600 is available available to County; Renton's share of the remaining $19,700 is $2,000. As the County requests commitment by the City for the $2,000 to carry out the development of the basin plan, the Public Works Director requested Council appropriate the $2,000 and refer the matter to the Ways and Means Committee for legislation. Moved by Perry, Second Shane, Council hold matter in abeyance until decision made by County on May Creek sewers. SUB- STITUTE MOTION BY STREDICKE, SECOND THORPE, REFER TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. - Comprehensive- Letter from, Planning Director Ericksen reported that at the semi- Plan CP-903-77 annual review of the Comprehensive Plan by the Planning Commission, Dean W. Bitney request for amendment reviewed for Dean W. Bitney from Single Fam- ily Residential to Low Density Multi-Family Residential for two parcels of property: Parcel 1 - 2.4 acres between existing Leisure Estates Mobile Home Park and Union Ave. SE. The letter noted the Commission determination that Parcel 1 was not a comprensive plan change, but zoning matter to be presented to Hearing Examiner. Parcel 2 - 10 acres between power lines and Union Ave. SE, south of Leisure Estates. Two public hearings .onParc-1 2 and recommenda- tion was made there be no change in the Comprehensive Plan. The letter recommended referral to the Council 's Planning and Develop- ment Committee for review and recommendation. Continued Letter from Dean W. Bitney, Owner, Leisure Estates Mobile Home Park, requested further consideration of request for change in Comprehen- sive Plan or rezone property to T and cited reasons concerning traffic, etc. , for re-evaluation. MOVED BY STREDICKE, SECOND TRIMM, CONCUR IN LETTER OF PLANNING DIRECTOR AND REFER TO COMMITTEE. CARRIED. PLANNING AND DEVELOPMENT COMMITTEE MAY 18 , 1978 H-1 ZONING AND BULK STORAGE FACILITIES ORDINANCE The Planning and Development Committee, after careful consideration and review, recommends that the attached Resolution dealing with oil storage facilities within the H-1 Zone be adopted. The Committee also recommends that the H-1 Zoning and Bulk Storage Facilities Ordinance, as amended, be placed on first reading and be referred to the Ways and Means Committee. JAMES W. DALPAY, FILE NO. R-145-78 APPEAL OF HEARING EXAMINER'S REPORT AND RECOMMENDATION The Planning and Development Committee and the appellant, James Dalpay, recommend that the appeal be continued to June 5, 1978. George Perry, Chairman Patricia Seymour-Thorpe Barbara Shinpoch ®' 7. THE CITY OF RENTON \e . Q' o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 64. CHARLES J. DELAURENTI � , MAYOR • DECOKES A. MEAD CITY CLERK � O4Te0 sur0-- � May 1 , 1978 APPEAL FILED BY Robert E. McBeth, Attorney, on behalf. of James W. Dalpay Re: . Appeal of Land Use Examiner's Decision, dated 4/17/78, R-145-78, James W. Dalpay, Rezone from G-7200 to B-1 To Parties of Record: Appeal of Land Use Hearing Examiner's decision has been filed with the City Clerk's Office on April 28, 1978, along with the proper fee of $25.00, pursuant to Title 4, Ch. 30, City Code, as amended. The City Code requires the appeal must be set forth in writing. The written appeal and all other pertinent documents will be reviewed by the Council 's Planning and Development Committee. Please contact the Council Secretary, 235-2586, for date and time of the committee meetings if so desired. NOTICE IS HEREBY GIVEN that the above-referenced appeal will be considered by the Renton City Council at its regular meet- ing of May 22, 1978 at 8:00 p.m. in the Council Chambers, Second Floor, Renton Municipal Building, 200 Mill Ave. S. Yours very truly, CITY OF RENTON Oda,,,,,)a il- iettsd-- Delores A. Mead City Clerk DAM:jt cc: Mayor Planning Director Planning & Development Committee and City Council Members Public Works Director Land Use Hearing Examiner Finance Director Building Division C rY OF RENTON - 4842 FINANCE DEPARTMENT RENTON, WASHINGTOI 98055 itJ 19 2 RECEIVED OF ez7%4 -P ��A� , 7` it _ea Akeelt-/ ry/ ci) TOTAL GWEN E. MARSH , FINANC DI CTOR BY / , ,_, , et - ____,, ,,,__,, / 0 ' GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H. DONALD GOUGE P. O. BOX 26 ROBERT E.McBETH 505-B SOUTH THIRD STREET GARY F. FAULLI RENTON,WASHINGTON 98055' I ALPINE 5-5600 April 28, 1978 The Honorable Charles J. Delaurenti, Mayor Members 'of the 'Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, 'Washington 98055 RE: JAMES W. DALPAY Appeal from Hearing Examiner's Recommendation Hearing Examiner's File No. R-1.45-78 • Dear1 Mayor Delaurenti' and Members of the . Renton City Council: I On behalf of. our client, JAMES W. DALPAY, we hereby file this appeal from the recommendation -and decision , rendered by. the Hearing Examiner in the 'above. referenced matter on Apirl 17, 1978 . We feel that the Hearing Examiner's recommendation .to deny the requested rezone is totally in error and, ask -that this matter ' be reviewed by the City Council as soon as practicable.' We would certainly appreciate an opportunity to present our side of this controversy to the City Council and would appreciate being notified of any meetings held: to consider this matter further. Very tru y rs, C - . JIB, \\ . ROBERT E. McBETH REM:Ij j Encl. ,�2 '�9303/ 7 `s •? j RE : IUD ,�3;� AzL€t E:.� 4►�� A rk 5s ; Rw l��x� �V �,.,•;''+`;� - CITY OF RENTON v :�y c ., c�� w MAYOR'S OFFICE 1> Qp� .,, r t ,u ,. . o--.) . 6lr�rc�irc� tc :eg,,„ , I , GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H.DONALD GOUGE P.O. BOX 26 ��1g�J�o�! ROBERT E.McOETH 49 505-B SOUTH THIRD STREET C GARY F. FAULL s �a RENTON.WASHINGTON 98055 (p� 1(<7 . ALPINE 5-5600 ,9), fJ May 18 , 1978 �'✓� 0� ?9>� F f v • e c� Members of the City Council City of Renton Renton Municipal Building 200 'Mill Avenue South Renton, Washington 98055 Re: James W. Dalpay Appeal from Hearing Examiner' s Recommendation Hearing Examiner' s File No. R-1457-78 Dear, Council Members : On April 28 , 1978 , we filed our appeal from the recommend,a= tionimade by the Hearing Examiner in the above referenced matter. The appeal was filed at that time to meet your time; deadline and was made before I had had a sufficient opportunity to review this matter and formulate a written statement in support of that appeal. I have now had an opportunity to review the matter more thoroughly and sub- mit that the Hearing Examiner' s recommendation should be rejected for the reasons set forth in this letter. The property involved in this rezone request is situated • at the corner of Union Avenue Northeast and Northeast 12thStreet, Renton, Washington. It is our understanding and position that this area has been designated as a "retail-commercial" use according to the Comprehensive Plan: The City Planning Department apparently disputes that contention, and the Hearing Examiner has accepted the Planning Department's position in that regard. (Findings 6 and 7) . Unfortunately, the record relating to the adoption of the Comprehensive Plan, and amendments thereto, is not terribly clear, but we believe these findings to be incorrect and to constitute grounds for rejection on the Hearing Examiner's recommendation. I am attaching herewith a copy of City Ordinance Nos. 2142 and 2439. As we understand the record of prior Council action in this regard, the original Comprehensive Plan was adopted by approval of a Comprehensive Land Use Map, rather than adoption of an ordinance setting forth speci- fic legal descriptions of the property effected. There- "' \ I . Members of the City Council City of Renton May, 18, 1978 - Page 2. after, the City Council has adopted several amendments to the Comprehensive Plan, each time setting forth the legal descrip- tions of the properties involved. The two cited Ordinances enclosed herein modify the Comprehensive Plan 'as it effects this property. Under Ordinance No. 2142 , this area was designated "retail-commercial" (Finding -No. 7) . The Hearing Examiner then states that this designation was revised to "medium-density multi-family" under City Ordinance No. 2439 (Finding No. 7) . As 2 read Ordinance No. 2439 , that Finding is in error. Ordinance No. 2439 does not effect this property at all. It effects only property lying easterly of and southerly of our site. This Ordinance did not change the Comprehensive Plan designation for our property, and it should therefore remain "retail-commercial" . We believe that this is a proper land use designation for this property and that the rezone requested should be approved as being in conformance with the Comprehen- sive Plan. Additionally, we feel that our proposal is consistent with the development which has occurred in the surrounding area and creates little conflict with the residential areas lying to the south and west of the subject site. The property lying to the north and east of the subject site has been developed into a rather intense retail-commercial use. Our proposal for a low-profile business use is compatible with adjacent uses, blends in well with the adjacent residential uses , and should be approved. Lastly, we do not agree that our proposal is in any way in- consistent with or incompatible with the goals and policies of the Comprehensive Plan. We dispute the inference that approval of our request would in any way contribute to a reduction in property values or contribute to a decay or obsolescence in adjacent residential areas. We feel that this' proposal would encourage the development and utiliza- tion of the land to its highest and best use and would promote thebest interest of the community and contribute to its over-all attractiveness and desirability as a place in which to work, shop, live and play. We see no reason presented for denial of this rezone request and would ask that the same now be approved. Very tr ly ours , 1 "OBERT E. McBETH REMcB:mr II 1 i . Of :i . . . A. 0 THE CITY OF RENTON U s". 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 • z 8 o/5 CHARLES J. DELAURENTI , MAYOR • LAND USE HEARING EXAMINER co- p �Q- L. RICK BEELER , 235-2593 ,94t •E0 SEP100 I May 1, 1978 Members., Renton City Council Renton, Washington RE: File No. R-145-78; James W. Dalpay; Appeal to the City Council. Dear Council Members: I Attached is the Examiner's Report and Recommendation, dated April 17, 1978; regarding the referenced application. Because the Examiner's recommendation was denial, the report was not forwarded to you for Council action. On April 28, 1978, an appeal was filed with the City Clerk within • the appeal period set by Ordinance. We' are transmitting the report . • to you at this time for review by the Planning and Development Committee prior to placement on the Council agenda on May 22, 1978. Sincer)ly, i ''e -) L"L. ick Beeler Hearing Examiner . 1 cc: (Planning Department City Clerk I • Mr. James W. Dalpay P. 0. Box 2436 Renton, WA 9805,5 Mr. Nick Petruska 1174 Shelton Ave. N.E. Renton, WA 98055 Mr. William G. Fox 1125 Shelton Ave. N.E. Renton, WA 98055 Ms. Betty Bauer' 1151 Shelton Ave. N.E. Renton, WA 98055 Mrs. Leroy Crookston 4010 N.E. 12th 'St. Renton, WA 98055 Q 6 02nc d3at,el, ,6 t Ge44,,-;6--4, �1 THE CITY OF RENTON . J S� MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 p CHARLES J. DELAURENTI I MAYOR DELORES A. MEAD /3 �. O �� CITY CLERK 41-ED SEP1 May 1 , 1978 APPEAL FILED BY Robert E. McBeth, Attorney, on behalf of James W. Dalpay Re: Appeal of Land Use Examiner's Decision, dated 4/17/78, R-145-78, James W. Dalpay, Rezone from G-7200 to B-1 To Parties of Record: Appeal of Land Use Hearing Examiner's decision has been filed with the City Clerk's Office on April 28, 1978, along with the proper fee of $25.00, pursuant to Title 4, Ch. 30, City Code, as amended. The City Code requires the appeal must be set forth in writing. The written appeal and all other pertinent documents will be reviewed by the Council 's Planning and Development Committee. Please contact the Council Secretary, 235-2586, for date and time of the committee meetings if so desired. NOTICE IS HEREBY GIVEN that the above-referenced appeal will be considered by the Renton City Council at its regular meet- ing of May 22, 1978 at 8:00 p.m. in the Council Chambers, Second Floor, Renton Municipal Building, 200 Mill Ave. S. Yours very truly, CITY OF RENTON ead odziot..e, a Delores A. Mead City Clerk DAM:j t cc: Mayor Planning Director Planning & Development Committee and City Council Members Public Works Director Land Use Hearing Examiner Finance Director Building Division 1 / GOUGE,•MCBETH & FAULL ATTORNEYS AT LAW H. DONALD GOUGE P.O. BOX 26 ROBERT E.McBETH 505-B SOUTH THIRD STREET GARY F. FAULL RENTON,WASH INGTON 98055 ALPINE 5-5600 April 28, 1978 The. Honorable Charles .J. •Delaurenti, Mayor Members 'of the Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 ' RE: JAMES W. DAL'Ay Appeal from Hearing Examiner's Recommendation Hearing Examiner's. File No. R-145-78 Dear, Mayor Delaurenti and Members of the Renton City Council: • On behalf of our. client, JAMES W. DALPAY, we hereby file this appeal from the recommendation and decision rendered by the Hearing Examiner in the above referenced matter on Aprrl 17, 1978. We feel that the Hearing Examiner's recommendation to deny the requested rezone is totally in error and ask that this matter- be reviewed by the City Council as soon as practicable. We would certainly appreciate an opportunity to present our side of this controversy to the City Council and would appreciate being notified of any meetings held to consider this matter further. Very y rs, . 1 . .t04-04. ' ,1/1E ,„efik-- . ROBERT E. McBETH REM:Ij j Encl. --47,1 ;.. �,60 3031'1� �- ,' RE NE T;,,V f / I PN31 `le .., APR 28 197E . CzCi ��'' = r `l %r;,,T.e.w `�w"`\ �'l CITY OF REN i OAI -. `y' - `' ,;,,�.', ....-vo. . MAYOR'S OFFICE i r '',- ,l.;ao/. -tom ',,- - 7"' f Ur•��J� , i> . . 247 o,�,. .. 1 AFFIDAVIT OF SERVICE BY MAILING • State of Washington) County of King • Marilyn J. Petersen , being first duly sworn, upon • oath disposes and states: • That on the 17th day of April , 19 78 , affiant deposited in the mails of the United States a sealed envelope . containing a decision or recommendation with postage .prepaid, addressed to the parties of record in the below-entitled application or petition. • i4 Subscribed and sworn this �� - day of Q v\\ 19 . 1 • Notary Public in and for the, 6tepIt y, • of Washington, residing at Rg4®c.-----_ oi Application, Petition or Case: James W. Dalpay, R-145-78 7 f�' (The m,i.rwtea contain a ti,bt of ,the pan eti.e o¢ itecand) ��1, ;�ao�SN -��,� • R-145-78 Page Two Mr. Dalpay resumed his testimony and objected to reference to the Luedke rezone in discussion of the subject request as being irrelevant since Mr. Luedke had withdrawn his application prior to rendering of a decision on the matter. The Examiner explained the purpose of the reference because of previous concerns related to sewer capacity during testimony in the hearing. Mr. Dalpay felt that less impact would occur with business uses, i.e. architecture and accounting offices, than with residential use because of sewage requirements for laundry and bathing necessary for the latter. He referred to several developments currently in progress in the immediate area and suggested that a moratorium restricting development be applied if the sewer system capacity is in critical condition. Mr. Dalpay submitted a page from Building Regulations, 1975, Chapter 14, Section 4-1403, which he read into the record. The ordinance stated that the subject property was designated as a retail-commercial use area according to the Comprehensive Plan. The excerpt was labeled Exhibit #4 by the Examiner. Mr. Dalpay reviewed history of zoning on the property, stating that contours and topography were developed subsequent to a prior rezone in 1965. . He related concerns of residents in the area for construction of a tavern or service station on the property and indicated his willingness to sign covenants precluding such use because he agreed they were undesirable in that location. The Examiner asked Mr. Dalpay to address the three specific findings as stated in Section 4-3014 of Chapter 30 as they applied to the specific request for rezone. Mr. Dalpay stated that Section 4-3014. (A) would apply to the request. The Examiner requested testimony in support of the application. There was no response. . The Examiner then requested testimony in opposition to the request. Responding was: Nick Petruska 1174 Shelton Avenue N.E. Renton, WA 98055 Mr. Petruska, respresenting several residents in the area, expressed opposition to rezone of the area on the north side of N.E. 12th Street from single family residential to commercial use because of insufficient sanitary sewer system, possible increase to already existing heavy traffic on N.E. 12th Street, and proximity of commercial use to existing single family residential areas. He indicated that he did not oppose commercial development on Sunset Boulevard N.E. at such time as the sewer system is • improved. Responding was: William G. Fox 1125 Shelton Avenue N.E. Renton, WA 98055 Mr.. Fox indicated concurrence with Mr. Petruska°s testimony, noting that residents had purchased homes with the understanding that the immediate area would be retained as single family residential zoning. Responding was: Betty Bauer 1151 Shelton Avenue N.E. Renton, WA 98055 Mrs. Bauer stated that she possessed a title policy for her home which contains. a provision in the covenants to preclude any rezone of her property from the existing_ single family residential designation. The Examiner explained that although properties located in the Brentwood subdivision are protected from rezoning by covenant, the subject property is located outside of the subdivision and is, therefore, exempt from the requirements of the covenants. Mrs. Bauer maintained that commercial designations do not normally abut single family residential areas. Mr. Smith made a point of clarification regarding Exhibit #4, excerpt from Building Regulations, and indicated that the section referred to by Mr. Dalpay had been initiated during public hearings held in 1964 and subsequently adopted in April, 1965. He noted, however, that the Comprehensive Plan for that area had subsequently been revised in 1967 and 1968 and the Comprehensive Plan Land Use Map displayed in the ' Council Chambers is updated and accurate. Responding to inquiries from the Examiner and the applicant, Mr. Smith reported that the subject area between 132nd and 138th had been revised on the 'map in December, 1976, and that although the Building Regulations document may not yet reflect the latest revisions because of delays, in codification, the Comprehensive Plan map had been revised. Mr. Dalpay reported attending public hearings on the subject and felt that the area between 132nd and Duvall Avenue N.E. had been deleted in the revisions, and noted that non-conforming commercial uses currently exist on the north side of N.E. 12th Street. • April 17, 1978 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON • REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: James W. Dalpay FILE NO. R-145-78 LOCATION: Northwest corner of Union Avenue N.E. and N.E. 12th Street. SUMMARY OF REQUEST: Applicant requests approval of a proposed 40,000 square foot rezone from G-7200 to B-1 to allow the conversion of present structures to a beauty and barber shop and business offices. • SUMMARY OF Planning Department: Recommend denial. RECOMMENDATION: • . Hearing Examiner: Recommend denial. PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on April 5, 1978. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application,' and, field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on April 11, 1978 at 9:45 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported, that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith,' Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: King County Assessor's Map ' • • Exhibit #3:. Plot Plan The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: • James W. Dalpay P.O. Box 2436 Renton, WA 98055 Mr. Dalpay indicated his nonconcurrence in the report. The Examiner referenced Section 4-3014 of Chapter 30, Title 'IV (Building Regulations) of Ordinance No. 1628, Code of General Ordinances of the City of Renton relating to the "Land Use Hearing Examiner," and asked the 'applicant if he was familiar with the three specific •findings required to allow recommendation for rezone. Because Mr. Dalpay was not familiar with the ordinance, the Examiner read Sections' 4-3014. (A) , (B) , and (C) , and asked the applicant to discuss the applicability of the findings to the rezone request in his testimony. The Examiner asked a representative from the Public Works Department to address concerns regarding sewer capacity in the area. Responding was: Don Monaghan • Office Engineer The Examiner reiterated concerns with sewer capacity in the subject vicinity previously discussed in the Donald L. Luedke rezone hearing; File No. R-041-77, and asked Mr. Monaghan if approval of the subject request would impact the existing problem. Mr. Monaghan advised that plans for elimination of .an existing lift station upon completion of May Creek sewer system had been delayed indefinitely and the• system is currently' exceeding its capacity during winter months due to infiltration of storm water. , He stated that he had recently' completed a report which outlines corrective action required to prevent sewage problems if continued development in the area were to occur. In response to the Examiner's. inquiry, Mr. Monaghan indicated that.because of unknown, factors' relating .to volume. of use by business' facilities' or single family residences, prediction of impact upon the sanitary sewer system was difficiul't, however; any additional ,use would increase risk of backup and,overflow in; the.:;sanitary� sewer s , ystem:, R-145-78 Page Four On the western boundary of the site exists a sliver (one lot width) of King County property zoned RS-7200 (single family) . South of the site and across N.E. 12th Street lies G-7200 zoned property (Brentwood) . 9. Approximately an average of five foot difference in elevation separates the northern portion of the site from the northerly, abutting B-1 zoned property (real estate office) . 'The southern portion of the site is approximately eight to ten feet higher than the northern portion of the site. A house exists on each of these two portions of the property. The southern portion of the site relates to the adjacent single family area of Brentwood, while the northern portion of the site relates predominantly to the adjacent northeasterly B-1 zoned property (service station) . 10. Evidence was not submitted demonstrating that the subject site was or was not specifically considered at the last area land use analysis (Section 4-3014. (A) ) . The applicant testified that such consideration had not been given. The staff testified that the 1968 revision of the Comprehensive Plan implied that some consideration was given to the topographical characteristics of the site relative to designation of Retail-Commercial. However,• no specific or substantial evidence was provided beyond this testimony. 11. Since any previous land use analysis of the area and the property, it was not demonstrated that significant public and/or private improvements had significantly affected the property (Section 4-3014. (C) ) . The area appears to be in transition from single family to more intensive land uses and slowly developing the underdeveloped portions of the existing B-1 properties. 12. An alternative zoning category was not proposed by the applicant. CONCLUSIONS: 1. Insufficent testimony was provided to substantiate that the proposal conforms to the Comprehensive Plan (Section 4-3014. (B) ) . However, it is apparent that this area encompassing the intersection of Union Avenue N.E. and N.E. 12th Street is in a state of transition. Some single family zoning persists. Most of the existing B-1 zoning is underdeveloped. The northern portion of the property seems to be most directly affected by the adjacent B-1 zoning. Topography has placed this portion between the B-1 zone and the southern portion of the property, thereby producing transition between the B-1 zone and the southern portion. But the abutting B-1 zone is underdeveloped, exerting negligible pressure to change the existing zoning, except that the adjacent B-1 zoning across Union Avenue N.E. is essentially fully developed (service station and auto repair shop) . It appears that this developed B-1 property exerts the most pressure for reclassification of at least the northern portion of the site. Since the northern portion of the site represents less than 20,000 square feet (one half of the total site) , difficulty exists in determining the appropriate zoning category for the property. The pressure to change the zoning has not become significant or sufficient at this time to necessitate changing the zoning for/ the 20,000 square feet of property. Once the abutting B-1 property (real estate office) is fully developed, the land use picture may change. However, the northerly approximate one-half of the site may not be sufficient to adequately accomplish the necessary transition between B-1 and single family. The southern approximate one-half of the site appears to be experiencing little pressure for reclassification. Topography places the property at a greater elevation than the adjacent B-1 zone (auto repair shop) and predominantly of orientation to the southerly single family area (Brentwood) . 2. Implicit in the existing Comprehensive Plan Land Use Map is an assumption that the redefinition of the perimeter of the Retail-Commercial in this area was in response to the topography of the site, in particular the northern border of the subject site. However, sufficient evidence was not submitted to substantiate that such specific consideration of the site was given during the past review of the Comprehensive Plan or area land use analysis or area zoning (Section 4-3014. (A)) . 3. Public or private improvements and circumstances were not shown to have significantly impacted the property since the last land use analysis and area zoning (Section 4-3014. (C) ) . Instead, it appears that the transitional .and underdeveloped nature of the area has yet to significantly affect the property to the extent to cause reclassification of the subject site. R-145-78 Page Three, The Examiner asked for further comments from parties of record. There was no response. Referencing Exhibit #3, Plot Plan, the Examiner asked Mr. Smith if the property contained a break which may divide potential multi-family residential designation from other uses. Mr. Smith referred to the Comprehensive Plan Land Use Map and explained the division on the property from medium density multi-family from the northwest corner of N.E. 12th Street and Union Avenue N.E. which extends northward to Sunset Boulevard N.E. and westward to the county line. The remainder of the property, he explained, opposite Shelton Avenue _ N.E. is designated low density multi-family zoning. The Examiner indicated that the goals and objectives of the Comprehensive Plan would' further determine zoning ' designations since the Comprehensive Plan Land Use Map was a general guide. Mr. Smith reported that if multi-family zoning were approved, professional office buildings are allowed by special permit in that designation accompanied by specific controls and provisions for development. The Examiner asked Mr. Smith for modifications, additions or revisions to Exhibit #1. Although Mr. Smith did not revise Exhibit #1, he stated that a possibility, exists for multi-family development near the corner of N.E. 12th Street and Union Avenue N.E. if the sewer system is improved. He noted that the property may be undesirable for single family residential use as commercial development progresses along Sunset Boulevard N.E. and construction of office buildings, may be a beneficial use to buffer commercial from single family residential areas in the future. The Examiner advised that medium density multi-family zoning allows 30 units to the acre and that a special permit application requires a public hearing which would allow testimony from adjacent residents. The Examiner asked for further comments. Since there were none, the hearing on File No. R-145-78 was closed by the Examiner at 11:00 a.m. • FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: • 1. The request is for reclassification of approximately 40,000 square feet from G-7200 to B-1. • • 2. The Planning Department report *accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached, as Exhibit #1 and incorporated in this' report by reference as set forth in full therein. 3. Pursuant to the City of Renton°s Environmental Ordinance.and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , a Declaration of Non-Significance has been issued for the Subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. The Public Works • Department testified that the existing sanitary sewer problems in the area will • not be significantly increased by conversion of the two existing homes to B-1 type . uses. 6. The Comprehensive Plan Land Use Map indicates that the property may potentially be • Medium Density Multi-family. The map also indicates in the area of the northern boundary of the property a potential for Retail-Commercial (Section 4-3014. (B) ) . 7. The applicant alleged that according to Chapter 14 (Exhibit #4- - in particular Section 4-1403.1(A) ) the Comprehensive Plan Land Use Map designation for the subject site is Retail-Commercial. This designation was adopted on April 5, 1965 .(Ordinance No. 2142) . In 1968, the designation for the property was revised to Medium Density Multi-family (Ordinance No. 2439 and the revised Land Use Map, King County Records No. 5031115) . However, the role of the Land Use Map is a general guide to land use decisions (Ordinance No. 2142) . The goals and objectives of the Comprehensive Plan prevail in these decisions. 8. On the northerly boundary of the site exists property zoned B-1 which is underdeveloped and Contains a house converted into a real estate office. Easterly of the site • and across Union Avenue N.E. is also B-1 zoned property. which' .contains a service , station and automobile' repair facility. • Northeasterly of the'!site (northeast corner ;of N:Ee„Sunset. Boulevard. and Union Avenue • N.E:) `is.an underdeveloped area, of G-7200 (single•, •family) One' single family 'residence ••is located;•directly,adjacent .to•this corner;of: the: intersection. :' • • R-145-78 Page Six Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before May 1, 1978. Any aggrieved person feeling that the decision of the Examiner is 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 review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. R-145-78 Page Five 4. The Comprehensive Plan Land Use Report, pages 17 and 18, provide these pertinent Objectives: "1. Prevent blight by protecting residential and other exclusive districts from the unwarranted infiltration of incompatible uses which would contribute to premature decay and obsolescence, and prevent the development of orderly growth patterns. 4. Protect property values within the community for the benefit of its residents • and property owners, through the effective control of land use and the enforcement and application of building and construction codes. 6. Encourage the development and utilization of land to its highest and best use in such a way as to promote the best interest of the community and ' contribute to its overall attractiveness and desirability as a place in • which to work, shop, live and play." A reclassification to B-1 of the southern half of the property would constitute ". . .unwarranted infiltration of incompatible uses. . . " into the single family . area of Brentwood. The northerly one-half of the property may also constitute such negative infiltration into the. abutting single family area westerly of :the property. This negative infiltration would probably. produce negative impacts upon property values in the adjacent single family areas (Objective No. 4) . These cumulative negative aspects of the proposal would not be in the ". . .best interest of the, community. . ." (Objective No. 6) . • 5. The transitional and developing character of the area indicates that the timing of the proposal is somewhat premature. Perhaps as the northerly abutting B-1 property (real estate office) is fully developed, the subject site may be appropriate for consideration of reclassification. Also_ the northerly portion of the site may .be potentially included in the development of this B-1 property. • • In any case, it appears that additional development of and in the area is necessary to substantiate the requested rezone. The land use picture of the area requires further definition. DECISION: Based upon the record, testimony, findings and conclusions, it is the decision of the Examiner that the requested reclassification be denied. ORDERED THIS 17th day of April, 1978. ' L. ' k Beeler ' Land Use Hearing Examiner • TRANSMITTED THIS 17th day of April, 1978 by Affidavit of Mailing to the parties of record: James W. Dalpay, P.O. Box 2436, .Renton, WA 98055 • Don Monaghan, Office Engineer, City Of Renton , Nick Petruska, 1174 Shelton Avenue N.E. , Renton, WA 98055 William G. Fox, 1125 Shelton Avenue N.E. , Renton, WA. 98055 . Betty Bauer, 1151 Shelton Avenue N.E., Renton, WA 98055 Mrs. Leroy Crookston, 4010 N.E. 12th, Renton, WA 98055 TRANSMITTED THIS 17th day of April, 1978 to the following: • Mayor Charles J. Delaurenti Councilman Richard M. Stredicke Councilwoman Patricia Seymour-Thorpe • Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director • Ron Nelson, Building Division . Lawrence J. Warren, City Attorney • ,�/ -, t j a-••' ` t - .. a., py)o"`'tI FiIL19 7'i'➢'I .t r.e e!•�? _... �•.:....__ ,. _ .<L.r.•t.a . /_$.•• , SAID I r; j x fi ❑ • ---� •Rs 1®® , l ® __ 1 �. ti ,, III I I ® 'J . —raj........Dif 1 .1 xa I �. 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PRINCIPAL ACCESS Via Union Avenue NE and NE 12th, Street EXISTING ZONING G-7200, Single Family Residential EXISTING USE Single Family Residence . PROPOSED USE Commercial • COMPREHENSIVE LAND USE PLAN Medium Density Multi-family COMMENTS .. 1 f , RECEIVED 1 PLANNING DEPARTMENT CITY OF RENTON NEARING EXAMINER PRELIMINARY REPORT TO HEARING EXAMINER APR 1 1 1978 PUBLIC HEARINGPM i 8,9010$11ot2t142d3,4 5a6 April 11 , 1978 it APPLICANT: JAMES W. DALPAY EXHIBIT NO.. , / " '?' FILE. NO: 1 R-145-78, Rezone ITEM NO. 1 A. SUMMARY OF REQUEST: . 1 .. The aplplicant requests the approval of a proposed 40,000 square foot rezone from G-7200 to B-1 to allow the conversion of present structures to a beauty I .. and barber shop and business offices. ! . I ' '- B. GENERAL INFORMATION: 1 . 1. Owner of Record: • JAMES W. DALPAY i! ' I •I 2. Applicant: JAMES W. DALPAY I. 3. Location: • Northwest corner of Union Avenue N.E. 1 and N.E. 12th Street. 4. Legal Description: . + A detailed legal description is , available on file in the Renton I Planning Department. i . 5. Size of Property: ± 40,000 square feet 6. Access: . Via Union Avenue Northeast and N.E. 12th Street. 7. Existing Zoning: G-7200, Single Family Residential , . minimum lot size 7200 square feet: 8. Existing Zoning in the Area: G-7200, Single Family Residence : District - B-1, Business Use. . , 9. Comprehensive Land Use Plan: Medium Density Multi-Family. 10. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in three places on or near the site, as required by City ordinance. C. PURPOSE 'OF REQUEST: To allow rezone of the subject site for future conversion of existing resi-\ dential ,uses to commercial uses. 1 1, II D. HISTORY/BACKGROUND: . The subject site was annexed into the City by Ordinance Number 2093 dated • if . in 1964. , 1 j . 1 . 1 I 1 PLANNING' DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING, JAMES W DALPAY, REZONE FILE NUMBER R-145-78 April 11 , 1978. Page Twoi E. PHYSICAL BACKGROUND: 1 . Topography: The bulk of the site is relatively level with severe downward slopes to the north and east toward Sunset Boulevard. I 2. Soils: Everett (EvC). Runoff is 'slow to medium and the erosion hazard is slight to moderate. This soil is used for timber and pasture and for urban development. 3. Vegetation: Grass cover makes up the bulk of the site with some medium-sized shrubs and several trees of the Douglas Fir species. 4. Wildlife: The existing vegetation of the site provides suitable habitat for birds and small mammals. 1 5. Water: There is no surface water evident on the site. 6. Land Use: The site presently contains two single-family residences and a garage. Uses in the vicinity are principally single-family reisident.ial with some commercial to the north and east. F. NEIGHBORHOOD CHARACTERISTICS: The area is a mixture of low-medium density multiple family and single family' residential along with some commercial . G. PUBLICSERVICES: 1 . Water and Sewer: An existing eight (8) inch water main runs along Northeast 12th Street and a twelve (12) inch main runs along Union Avenue Northeast. In addition, a thirty six (36) •inch City of Seattle . `, . transmission line parallels the Union Avenue line. An eight (8) inch sanitary sewer is also located along Union and 12th. 2. Fire Protection: Provided by the Renton Fire Department as per ordinance requirements. 3. Transit: Metro transit route 107 operates along Union and 12th adjacent to the site. P 4. Schools: The subject site is located approximately one-half CO mile to the north of the Honeydew Elementary School , one (1 ) mile to the east of McKnight Junior High, and approximately one-half CO mile to the west of Hazen High School . 5. Parks: Kiwanis Park is approximately 1/4 mile south of the subject site. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1 . Section 4-706 R1 Residence Single Family. 2. Section 4-711 B-1 Business Use. ', 1 I. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: Comprehensive Plan, 1965, Land Use Report, Objectives 1 - 6, pages 17 and 18.' it I r‘ . .,. . • . ., • -- ..e- , . l '6J • 1 -,' • - .\ . : ;-,•- • . .ROUTiNG FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS . ', . . • , . . . . . TO : Finance Department •. • , . • . ,, , • Fire Department • • ._ Library Department , . • • . . . . ..,, ,:.. ' Park Department • ' •• . . • ,:-. • • Police Department • . : • • ,•. . ) ' • • Public Works Department' • . ' • ). . • • Building Div. 4 Traffic Engineering Div . . ! :: .. Engineering Div. 46 Utilities Engineering Div. • . ,', • j • . • v ., FROM: Planning Department , (signed by responsible officialo his designee) •. . . . . . . - • MizAM.L.. &141114____. , - _ . • , . •• „ ' - • • i!, SUBJECT : Review of ECF- ILS.--73 : ., Application No . : • I'L • - . Action Name : AigsggfifteLgagegai.,c„likt.w.,s t4L--k7A\-1 H.L• / i!._ i • ..--- ,, • 1'120144 Q -1z-490 --ri, 6- i audi-kocifi.i 1! • • ; • . . - . . . . • , Please review the attached . . Review requested by (date) : ' 'J)4[..7 /471 ' ' - H • • • !: CITY DEPARTMENTS : 'REVIEW BY OTHER . ,, • t • . .. \ , . . '1 Department : -..r . f ; 1 Commen § :. . , .74, .....24...— • (3- /• • or,t- - : • i„ - i '6,. 69a_ • /zue ' i-c4,/-1 i er//e-e4-41/3* -- --64 .:-T,.: T.- - . - ‘ li. 41-ps. ,ib-f-A1-1"- • :'- :?' . ., .'6,2,4 „62.4e4j ,O...40; c a.,,,„:../2- o--r•—• ', ,--''. ' . • '. ,E. et.431 'e-- -4-d /7°Ict-7 , hetta- • •-•••`• )e • I . .' : . . . . . . ' o . • • •,' .. : i!:',.,' • ..j r q' . ' • — '. . • . 3•--2...-4 .Yi • . • I 1. -Signature of D° ec. or or Authorized Representative Date : ' _ • .1' . . . • . , -...-i', • --'1 ''' • • • ,,'•:1! , , ; • . • •. .. •• .. . .. • . .1-',',. .. - - ' REVIEW BY OTHER CITY DEPARTMENTS : .'- - • . - ' . , " . • , . , • . . .• 6 • Department: _ . 1 . - ;.; .e: !..:• ',n . Comments : 724 s- 7.1 :2•14--.1. ...571•47.44104-- r. \ i •• r :• • . . ; Al . ,• • • •. .„ . . .1,• • 1 ,.' ti• '• . - • . • . . . . . - • - - . 4 . .. - • . . . . . ,. . . • ,i• 1 . • . . . . .. • • • . -• P . • . . , .. • 2 ' • . , i • • • . • . . . , 1 - 4 • .i . . . 11. - . • 4' • i I -. fi•• . , • . • . !r I [ . TA , .. • . : . 1 1 -1:2 ,• • . 340.el r Pe' '. 1 . I . ; 1 - Signature of Director or Authorized Repres2ntative • Date • 1.., . v,, . . . . •, .. ' • . It. • • • [/ • • • .! . ' 1; • 1 .: • . - It . - . , . . • . . ., . .:t • • . . . • 0: • .. . , . t - . Ili;; * (;-76 — ' . • ;I ., i . . (0 V E Pi '1; !,I li , . . • • • ' :1 •' • . . .. . . . 1; • 1 . "' . : . . • . • . • III •I i• • 1 • . . . ,1 I: •. . . . .. . . . • . . • . . . . . . .. . . . • 1 i . 1. • • .. • •. . • .. • • .1 . . ,• . . ... • • .. . . • . • . . .. . " . . • . .' •... i I 1 REVIEW L ()TH E P CITY__DEPARTMENTS Department :_ > e `A--17eGltac' Y/, Comments : v /ci1j7`/'mo d 2 i _„ -�,2 /jI • Signature of Director or Authorized Repre. entative . ' Date • r . • • ' REVIEW BY '1OTHER CITY DEPARTMENTS : ' 7 Z�%� j . • (Department : I'' ,Comments : 4 ' • err ?":-/,:yr.,4_,L-.• II! . . • ,, � e ie 1 Signature of Director or Authorized ' Representative Date tI Sr^^w�_'T!-'-err �-.�- ,. r �� - r REVIEW BY OTHER CITY DEPARTMENTS : • ' , Department . :. , Comments : . s 1 is .. . . i: . • • it Signature'( of Director or ;A iuthorized Representa� ve . 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',..-ss..,-,4.1. . . • •Is t s . 1 _ .,, ' ..44::•-'1 L. .----- * I:"- -t- .1 inillerittr 4' '011""I ii - . . ..:,. -, i t.-: •-f.!:°_........--. -.i ..:•..... . . . . '.. . • ... . '''. ...-.. • !_,._ - ..II _ .....f... ._ . ' . _ .. / 1. .. 3 G r : ..1_,,._ , i. • . • . . . . . . • • , . REZONE: ! . • • , . , W.JAMES W j)ALPAY , APPLICATION FOR REZONE FROM G-7200 TO B- 1 ; - File No. . . R-145-78; property located on the northwest corner of Union Avenue .• • N. E.. and N. E. 12th Street. .. .. . 1 . • . . . • . . .. . . . . • . APPLICANT JAMES W. DALPAY TOTAL AREA ±40,000 sq , ft. . • I . PRINCIPAL ACCESS Via Union Avenue NE and NE 12th Street • . , . EXISTING ZONING G-7200, Single Family Residential ' ' • . . -. • EXISTING USE ' Single Family Residence • 1 ' :. •• ..i Commercial PROPOSED USE 7- , .• . . • • COMPREHENSIVE LAND USE PLAN Medium Density Multi-family : -.. . A , , . [ i . 1 , • • COMMENTS . „. . ; • ., 1 , , . • . _ .. ' . • . ; . • • ..._ • • . '. . . . ; . • . '' .. •. • li . • . ; • . 0 • 1 ,,,,,,n.n.ii iv, . . ./ 1 . (1'. . • • i x ®� )I — N ISS • J�•'� ',I `�,, IIBII t 0 . • (al FI-.1j WI. I 31 ED LI-J . • • / X41 J �� '/ . I/ 4-" - _ _ N.E. I T L_JI_I L. ' ""''--I `—' -- ( i- 4 4 I ' , ii," _1. , N � • X H I, \.. _� TREES • ... X 4 ID fi-riI_1 \ L._L-141 I ... - N. , ••• \ \ voci -., .. .., •'' ' .E1-1-N \ .e -- ,/• ___,. d ,. , \. . 0 ih < \-..... N..,,,,, -,...... : N\ • \ �Ij. .,.......!..,3q X 417 , ..____ , :._ „--:-. . . E.,_ -1 , „ .. ._ . .... --<•-,.._ - _ •• : , , , . . ; 1\ il----1 ( : .. \• \y\ • \ ..\ I II I 1 I � . . , ;. ._{•. .. \ \ \„.---,., , %‘ • N .\ N N..„, i •>ss"---....„\gi • • .\ , + N* ) - II X', . ! git411. '', N'... •••..,\,N )si • .._ .-7;2:4: . I II �~ TREES s N. \\ (.. "C'3-,t7443:1:5..,.' A tt / ��.��`� ' :` RADIO$TV ��. , ,n, ,,,..„ , . . . i / �`�s..QP °I mo • 1 *'SIM/P.4 . . ., ; , f14,....: �It I 4i4 \ �'' ,,�, I /:'� 'fir- • _ er— 11111. . I 10 .,..:.....,:T.\g';?!. lifin4 \ bi ••' D i 1 Ep . . .-,-,. LI ir.th,„,. A t -- E----Th '') II( 1 1 `• ,I r._.... ,. .,.�.�., I • l i C V Ih�13 N.E 11') liII\ •i II ; II { !' II.I Irt'. 0 1 ' - .. . yaw. -i i t c i I �: i,02 m • . '.0. .. . .. „..„ , 11 \ k n % . . \ (.5c1 _\. • ' % 1 II . 7a . ,, ,,,, .„ _. \, , . \- : ,, .c, a.,44(-.)• '11 i °ill\ „, . . j >- --1I i . • 1 U ,I �I r'1W,; J s... SCALE " Z DO `i .•.\.1:1-.,.-N. i5�8 EGT tt<T '.� t , �, . , %% o 1 • ,szI 4046 4, /45-78 ' - •=sT.==, 110/ • \ - t - , E, , • xi464, ..1) . .D .-1, .. .....41, ../ 3_, i.,.,. . _____:„.........,,, D, . , / , ,....,i ,..4 410 11 ' Utcyc):.11.--- II1 __L._ .• A Fri I :-T6'rH 0c, \t. JII TREES I ( i 7-1 . Tr---- , 1 id ' • • r o Ii 1 v'� .� I I / L7 C7 L a PROPOSED/FINAL D-.._ARATION OF SIGNIFICANCE -SIGNIFICANCE ` • Application No . R-145-78 0 PROPOSED Declaration Environmental Checklist No . ECF-325-78 0 FINAL Declaration Description of proposal Rezone from G-7200, Single Family Resi - dential to B-1 , Business . 1 Proponent JAMES W. DALPAY Location of Proposal Northwest corner of Union Avenue N.E. and No. 12th Street. Lead Agency City of Renton Planning Department This proposal has been determined to 0 have © not have a • significant adverse impact upon the environment . , An EIS ® is ®x is not required- under RCW 43 . 21C . 030 ( 2 ) (c ) . This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . Reasons fordeclaration of environmental significance : . I Measures , iif any , that could be taken to prevent or mitigate the environmental impacts to such-an extent that the lead agency would withdraw -it,s declaration of significance and issue a (proposed/final ) • declaration of non-significance : • • Responsible !Off ' cia Gordon Y . Ericksen Title Pl )j(n •/ire - r _ ' 1 Date April 4 , 1978 Ar �Signatu 4'/ ` I1I City of Renton de ! . Planning Department 5-76 .�r,. } RECEIVED CITY OF RENTON r HEARING EXAMINER APR 111978 I',` I • M 7,819,10111s1211,r2131415P6 CITY ® F RENTON EX IBI . ITEM .NO. { Building , , • ulations I.. a ..� t. ., 1 1 DALPAY & ASSOCIATES 4033 N. E. Sunset Blvd. 1 • P. O. Box 2436 , I: Renton, Washington. .98055 , i ; ' . ' CODE'OF GENERAL'ORDINANCES ' - I • TITLE IV, IIIIIIIMINIIIIIINORDINANCE'1628 : oft 'e CITY:OF RENTON, WASHINGTON `j; .I .' L^rL'?�l":r��,��•':< ��r.:,�e` ";:it'u.'%:a.:,1'.t!`,y:t.:..+.'c q[ '�' tOFFICE' OF' THE1CITY"j{+LERK I II . , • . • • . , . , • , • . . ,• ' . . • .1 • • . • . . • • 4-1401 \ . . , . . ' 4-1403. . , . . ' . . , . , . . . • .. . . . CHAPTER 14 . . . . . • • . . . , . , , ' , • . , . . . . , . • COMPREHENSIVE PLAN , . • . ......... , - . . . . . . , . . • . . . . . , • . . , . SECTION:. ., • ' , . • . . • . , • • • . . . . . . • ' • ,, ,. • . , , •. , 4-1401 : , . Adoption • i . , . • . . , ' 4-1402: Purpose . . 4-1403: Parts , . , • . . . . . 4-1404: ,. :IMplementation , '• , • , . . 4-1405: • Amendment . . , . . . , . . . . , ' . . , . . • ' , , . ; . . . . , . • , . . . , . 4-14(11: , AbOPTION: That certain Comprehensive Plan for the physical development of••the,,City of Renton, together with all Exhibits . , thereto as more particularly specified in Resolution No. 1240 passed and . • approved on May 4,i 1964, is hereby. re-adopted in all respects. . . . . 4-1402: i PURPOSE The primary ,purpose of this Comprehensive Plan • . . • is to define and establish the policy relating to the develop- ' • ment of the comMunity as a,,khole;.to indicate the principles and oblectives • . • which shall guide the establishment, development and Implementation of ' definite and precise plans, epublic, and private; to provide for the coordina- '•,_ tion of the many separate plans which govern the development of this corn- . munity, to officially adopt a program and guide which will enable the City . of Renton to attain the principles and objectives set forth in R. C. W. 35,63 -• , • • . of the Revised Code of Washingten In the mann.erprovided. • • . , . •. . . . . . . . . • , :4-1403: PARTS: This Comprehensive Plan is connposedof the "Text" ' which presents the existing conditions.,the problems,the objec- tives and thesproposedpolicies,andtheHMaps" which illustrate the program. . ' Additional supplementary parts developed in the future may include, but not . , be limited to, special studies,charts,graphs,additional general Maps, local- . •. . ized maps, including sPE.Jcific development of the down town business area, . . reports or Schedules which. when adopted will, become an integral part of ' - the Comprehensive Plan. • . . . . . . . • • . , • . , 1. The"Land Use Map".®. attached heretc:), labeled . Exhibit "A",and by re- • • ference thereby , Incorporated 'herein as if fully set forth, illustrates in broad and general terms,the foreseeable development of the '. City • of , • • . . Renton. The use areas shown thereon indicate the principles which are ',,, • • intended to giiide implementation of this development program. .Said . . . . "Land Use Map", however„, is hereby amended,pursuant to the recom- . . , . . . mendations of the Planning Commission and the public hearings held . , . . -thereon by the.Planning Commission and the City Council, in the follow- . • . . • • ' . . • ing respects: . . • • . . .. . . . . . • . • i!. • ., . •(A) The area generally westerly of 132nd Avenue S.E. and Sunset Blvd. , , - continuously to.an area easterly of 138th.Avenue S.E. and both sides of i'1, • . . 4, • Sunset Blvd. to.a depth of apppoximately five hundred feet (500 Ion each . . . • . sidee.thereof shall be . dgsignated as ci. .4retaI.1-.commercial use area. • . . . . , . t . • • ... . . • , . ,. . • , 6 , . 1 , • Affidavit of Publication STATE OF WASHINGTON • • COUNTY OF KING ss. NOTICE OF. `_:PUBLIC HEARING•• ' -'` RENTON LAND USE. Margaret Ha rb a ug h being first duly sworn on •',"HEARING EXAMINER" :RENTON,.WASHINGTON: • A PUBLIC HEARING oath,deposes and says that s he is the Chief Clerk ,of WILL•BE HELD'.BY THE' • RENTON' LAND USE, THE RENTON RECORD-CHRONICLE,a newspaper published four(4) HEARING EXAMINER AT-. times a week.That said newspaper is a legal newspaper and it is now and HIS-REGULAR MEETING has been for more than six months prior to the date of publication referred IN THE COUNCIL CHAM=- to,printed and published in the English language continually as a news- paper published four(4)times a week in Kent,King County,Washington, BERS,'`CITY:-HALL, .RE-.... and it is now and during all of said time was printed in an office maintained NTON,WASHINGTON, _.__ at the aforesaid place of publication of said newspaper.That the Renton_ ...___._ . - APRh_^..?;i978; AT 9 00 Record-Chronicle has been approved as a legal newspaper by order of the A. ."TO CONSIDER THE' Superior Court of the County in which it is published,to-wit,King County, FOLLOWING PETITIONS: • 1:'JAMES;WS•DALPAY i APPLICATION FOR RE= ^-`? Washington.That the annexed is a Notice of Public ZONE FROM G-6000 - r:TO L-t;Property located:1 HearingF' in vicinity of.620.S.W .i I 12th:Street between';_ ',Ramond'Avenue-S.W.tq a : 0 - as it was published in regular issues(and S W: not in supplement form of said newspaper)once each issue for a period .2.':JAMES'.W:'DALPAY ' 1--;;'APPLICATION FOR RE:4.. • 1 ,'..ZONE FROM• G-7200 ' of • 1 • consecutive issues,commencing on the • TO B-1;property located'; I on, Union`Avenue,N.E: .: •between N.E.12th Street:,;.„ ....31....dayof '.Max'.C.h.-.. ,19..7.8...,andendingthe •. and- N.E'. ,Sunset > 1 `- Boulevard -:- - . Legal descriptions of p.p-';.: :"plications•noted-above day of ,19 both dates on file in the:Renton inclusive, and that such newspaper was regularly distributed to its sub- .. Planning Department.. scribers during all of said period. That the full amount of the fee . N-Y•-.::ALL INTERESTED-PER. . SONS.TO SAID PETITIONS,a ARE INVITED TO BE PRE-. charged for the foregoing publication is the sum of $.2.. ••,which :SENT•AT THE •PUBLIC ' has been paid lin full at the rate of per folio of one hundred words for the HEARING ON APRIL 11; first insertion and per folio of one hundred words for each subsequent 1978 AT 9:00 A.M.TO EX- insertion. PRESS THEIR OPINIONS. i GORDON Y.'ERICKSEN. ,I,n(,�4r( i ( t 7 1 -,;RENTON PLANNING •DIRECTOR-' r'' Published in The Renton Chief Clerk ;' Record-Chronicle March3l;.< 1978.R4863 , • , Subscribed and sworn to before me this 31 day of March i , 19 78 • I Notary Public in nd for the State of Washing on, nL �/L residing at Kent, King Co ty. �� fl{�jEI��D �� • —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th;1955. APR 5 1978 —Western Union Telegraph Co. rules for counting words and figures, r --..". /` adopted by the newspapers of the State. q'PA �_ • ti�NG DEP AR6+ REEfl/F /1/ % CITY OF RENTON 0 REZONE APPLICATION b BAR `' /978 FOR OFFICE USE ONLY 9 LAND USE HEARING 2 .+•� �" '� APPLICATION NO. a /45-a EXAMINER 'S ACTION APPLICATION FEE $ /D©, 00 APPEAL FILED D. _ RECEIPT NO. 4,3, CITY COUNCIL ACTION FILING DATE i r /� , 191 ORDINANCE NO. AND DATE I HEARING DATE APPLICANT TO COMPLETE ITEMS 1 THROUGH 10 : 1 . Name ,more !.i n u PAV Phone 226-6363 Address p 0 BOX 2436 RENTON WASH I NGTON 980SS 3. Property petitioned for rezoning is locateck on 61wnM Mir Mr between noe 124.-.11 STRrcT and "1.E. SUNSET ELV®. 4 . Square footage or acreage of property Won() cgria+re feat app 5 . Legal description of property (if more space is required, attach a separate sheet) _ beginning at the southeast corner of said southeast quarter; thence north 87°59'56" west 30.01 ' al r _ .7 + e n t, ° 1 H' _ 1 said southeast quarter, to the point of beginning; thence north 87059'56" west 160.04' thence north 91°°M' ifi" pAci- i?c' • ;h4-,nea jistiP4;tPrly aflrlmj the north line of a tract of land conveyed to Leroy A. Crookston and wife, Ser ie A. Crookston, by deed recorded under auditor's file #545. 27! a i i w i n ` 1 • east along said west line to a point which bears north 64°34'5218 west from the true point of i\ beg-tr"it nn ; thence �03i''5" eat 274.,An' thence south 4958'S8u ea et along t o- east 1 i ne of said section to the true point of beginning. ' • 6 . Existing Zoning P.-7200 Zoning Requested Il-1 NOTE TO APPLICANT : The following factors are considered in reclassifying property. Evidence or additional information to substantiate your request may be attached to this sheet. (See Application` Procedure Sheet for specific requirements . ) Submit this form , in duplicate. 7. Proposed use of site concert the present saertrioroc to a beauty and barber shop and business offices. 8. List the measures to be taken to reduce impact on the surrounding area. „o Jateri ng actors as thoTe wi 11 ha arxpl,; "ff sheet parking • • • 9 . How soon after the rezone is granted do you intend to develop the site? cordversiGil wwo lac :meaatoa- • 10 . Two copies of plot plan and affidavit of ownership are required. Planning Dept. 1-77 s..,..\ AFFIDAVIT �� o -rv , R1� j9 z v .,, T8 2c DFpAR�M<' I, JA ES W. DAIPAY , being duly sworn, hat I am the owner of the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the. best of my knowledge and belief. Subscribed and sworn before me �/ this /S day of cv- � , 19 �'d , Notary Public in and for the State of Washington, residing at l p, r.2A✓ M ram�,,tary Public) Signa• re of Owner V'4,4) /3.a • P n. PDX 2436 14033 N,E. SUNSET BLVD.,. (Address) (Address ' 4-4 "\;=/. 01,bnY•.. ;' ' RFNTON, wASHR 1GTON 98055 -; .`; -ya •;.,t�ti VI.; * (City) State), (Telephone) • • t. (FOR OFFICE USE ONLY) { ' ;d CERTIFICATION }' This is to certify that the foregoing application has been inspected bymei and has been found to be thorough and complete in every particular and .t,o ,` conform to the rules and regulations of the Renton Planning Department governing the filing of such application . Date Received , 19 By: i ' Renton Planning Dept . 2-73 PROPOSED/FINAL DE...,_ARATION OF SIGNIFICANCE/N.,i -SIGNIFICANCE Application No . R-145-78 PROPOSED Declaration 1 Envi ronmen!tal Checklist No . ECF-325-78 a FINAL Declaration Description of proposal Rezone from G-7200, Single Family Resi - dential to B- 1 , Business . Proponent JAMES W. DALPAY 1 Location of Proposal Northwest corner of Union Avenue N.E. and No. 12th Street. Lead Agency City of Renton Planning Department This proposal has been determined to [] have © not have a significant adverse impact upon the environment . An EI;S 0 is x is not required urt-der RCW 43 . 21C . 030 (2 ) ( c ) . This decision was ma a after, review by the lead agency of a completed environmental checklist and other information on file with the lead agency . 'Reasons far declaration of environmental significance : • Measures_I_ Fif any , that could be taken to prevent or mitigate the environmental impacts to such -an- extent that the lead agency would withdraw its -declaration of significance and issue a (proposed/final ) declaration of non-significance : 1 Responsible Off ' cia Gordon Y . Ericksen • Title Pl •%� n•�ire , r ' Date April 4, 1978 Si7Ple gnatu ;� I1 ` der City of Renton Planning Department 5-76 -2- 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts, including any other information needed to give an accurate understanding of the environ- mental setting of the proposal) : / / (:-- 4 a •2 /l/i, 'n a pc)S 46¢S l .„1 "/te 0( Sr"), e e k t- c s f .(e..4, (i s E • 7" . -Prr�1= �� ,SA C, L 44c 6)0 ccN. be Co-»ve.6 c7 715 (>17,c`.p 1 .S2 7d 0 S fQ(. 42., 8. Estimated, � date for completion of the proposal : 144 t 174 o 3 9. List of all permits, licenses or government approvals required for the proposal (federal , state and local--including rezones) : C - e rA c9-»i /c )22®c 7s a— / 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: _ • 11. Do you know of any plans by others which may affect the property covered by your proposal? If yes , ,explain: /14 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: ap f 44 /19-4 ; /43 , 741 3% II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) (1) Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? YES MAYBE NB (b) Disruptions, displacements, compaction or over- covering of the soil? YES MAYBE NO (c) Change in topography or ground surface relief features? YES MAYBE NB (d) The destruction, covering or modification of any unique geologic or physical features? YES MAYBE NO (e) Any increase in wind or water erosion of soils, either on or off the site? YES MAYBE NO (f) Changes in deposition or erosion of beach sands , or ' changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? ` YES MAYBE W Explanation: CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM FOR OFFICE USE ONLY ` Application No. /C� 15'78 — — Environmental Checklist No. (gef- ,1,25-zs PROPOSED, date: FINAL , date': • Declaration of Significance � Declaration of Significance Declaration of Non-Significance - Declaration of Non-Significance COMMENTS : • Introduction The State Environmental Policy Act of 1971 , Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals . The Act also requires that an EIS be prepared for all major .actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the iriforniat-ion presently available to .you.: -Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers , include your explanation in the space provided , or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. • The following questions apply to your total proposal , not just to- the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE : This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals . Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM BACKGROUND • 1 . Name of Proponent 2. Address and phone number of Proponent : / 3. Date Checklist submitted w� 4. Agency requiring Checklist ^_Lg. _((9M- ,C —p1-1.11.-14 6) -to.42 les*, 5. Name of proposal , if applicable : 6. Nature and brief description of the proposal (including but not limited to its size, general design elements , and other factors that will give an accurate understanding of its scope and�naatture) : -- U e A_ e Sp.�7 k - 1_(L � c � a c—2._. -4- (5) Fauna. Will the proposal result in: (a) Changes in the diversity of. species , or numbers of any species of fauna (birds, land animals including reptiles , fish and shellfish, benthic organisms , W/ insects or microfauna)? YES MAYBE ' .NO (b) Reduction of the numbers of any unique, rare or ✓ endangered species of fauna? YES MAYBE NO (c) Introduction of new species of fauna into an area, or result in a barrier to the migration or movement of fauna? YES MAYBE NO (d) Deterioration to existing fish or wildlife habitat? V/ YES MAYBE NO Explanation: (6) Noise. Will the proposal increase existing noise levels? lY YES MAYBE NO Explanation: _ (7) Light and Glare. Will the proposal produce new light or J glare? YES • MAYBE NO Explanation: — ---- - -- -- -- -- - • (8) Land Use. Will the proposal result, in the alteration of the V present or planned land use. of an area? YES MAYBE NO Explanation: (9) Natural Resources. Will the proposal result in: (a) Increase in the rate of use of any natural resources? YES MAYBE` NO / (b) Depletion of any nonrenewable natural resource? ✓/ YES MAYBE NO Explanation: (10) Risk of Upset. Does the proposal involve a risk of an expTosion or the release of hazardous substances (tncluding, but hot limited to, oil , pesticides , chemicals or radiation)' in the event of an accident or upset conditions? YES MATET NO Explanation: • (11) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population of an area? VET— M YBE NO Explanation: -3- (2) Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? YES MAYBE NO (b) The creation of objectionable odors? YES miff NO (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? YES MAYBE NO Explanation: (3) Water. Will the proposal result in: (a) Changes in currents, or the course of direction of water movements , in either marine or fresh waters? YES MAYBE NO (b) Changes in absorption rates, drainage patterns , or the rate and amount of surface water runoff? YES MAYBE NO (c) Alterations to the course or flow of flood waters? YES MAYBE NO (d) Change in the amount of surface water in any water body? YES MAYBE NO (e) Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? YES M YBE NU— (f) Alteration of the direction or rate of flow of ground waters? _ YES MAYBE NO (g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? YES MAYBE NO (h) Deterioration in ground water quality, either through direct' injection , or through the seepage of leachate, phosphates, detergents , waterborne virus or bacteria, or other substances into the ground waters? YES MAYBE NO (i ) Reduction in the amount of water otherwise available yf for public water supplies? YES MAYBE NO Explanation: (4) Flora. Will the proposal result in: (a) Change in the diversity of species, or numbers of any species of flora (including trees, shrubs, grass , crops , microflora and aquatic plants)? 'TT— MAYBE NN (b) Reduction of the numbers of any unique, rare or ✓ endangered species of flora? YES RITE NO (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? YET- M YBE 77/N (d) Reduction in acreage of any agricultural crop? Yam- MAYBE NO Explanation: V. -6- (d) Sewer or septic tanks? YES MAYBE NO (e) Storm water drainage? YES RATET Ni (f) Solid waste and disposal? '.// , YES MAYBE NO Explanation: • (17) Human Health. Will the proposal result in the creation of - any health hazard or potential health hazard (excluding mental health)? YES MAYBE N Explanation: (18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the / proposal result in the creation of an aesthetically offensive ✓ site open to public view? YES MAYBE NO Explanation: ' (19) Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE NO Explanation: • (20) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? YES MAYBE Explanation: ^_ III . SIGNATURE I , the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or of full disclosure on my part. --i/�r / - 11 Proponent: // (sie eed (name printed) City of Renton Planning Department 5-76 -5- ( 12) Housing. Will the proposal affect existing housing, or create a demand for additional housing? YES MAYBE NO Explanation: ( 13) Transportation/Circulation. Will the proposal result in: / (a) Generation of additional vehicular movement? 1 YES MAYBE NO/ (b) Effects on existing parking facilities, or demand- for new parking? YES MAYBE NO / (c) Impact upon existing transportation systems? d YES MAYBE WU— (d) Alterations to present patterns of circulation or movement of people and/or goods? YES MAYBE NO/ (e) Alterations to waterborne, rail or air traffic? YES MAYBE NO(f) Increase in traffic hazards t.o motor vehicles , V/ bicyclists or pedestrians? YES iTME NO Explanation: (14) Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas : (a) Fire protection? V( YES MAYBE NO (b) Police protection? YES MAYBE NO / (c) Schools? _ YES MAYBE NO (d) Parks or other recreational facilities? - YES MAYBE NO (e) Maintenance of public facilities, including roads? fj YES MAYBE NO (f) Other governmental services? YES MAYBE NO Explanation: (15) Energy. Will the proposal result in : (a) Use of substantial amounts of fuel or energy? v YES MAYBE NO (b) Demand upon existing sources of energy, or require d the development of new sources of energy? YES UTTEN� Explanation: (16) Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: (a) Power or natural gas? YES MAYBE ' NO (b) Communications systems? j� YES MAYBE NO (c) Water? YES MAYBE te y {//0 ti NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC SHEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER IF AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS , CITY HALL, RENTON , WASHINGTON, ON APRIL 11 , 1978 , AT 9:00 A. M. TO CONSIDER THE FOLLOWING PETITIONS: 1. JAMES W. DALPAY, APPLICATION FOR REZONE FROM G-6000 TO L- 1 ; property located in vicinity of 620 S. W. 12th Street between Raymond Ave- nue S. W. and Seneca Avenue S. W. 2. JAMES W . DALPAY , APPLICATION FOR REZONE FROM G-7200 TO B- 1 ; property located on Union Avenue N. E. between N. E. 12th Street and N . E. Sunset Boulevard. Legal descriptions of applications noted above on file in the Renton Planning Department. • • i ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE •PRESENT 'AT , .1 THE PUBLIC' HEARING ON APRIL 11 , 1978 AT 9 :00 A.M. TO EXPRESS THEIR OPINIONS. GORDON Y. ERICKSEN PUBLISHED I March 31 , 1978 RENTON PLANNING DIRECTOR CERTIFICATION I , STEVE MUNSON , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ' � , . ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW. ATTEST: Subscribed and sworn to before me, a Notary public, on the a'4=1 day ofRat-ch , 19 ! SIGNED ,2t4,42114A.144.41-wt \A\0.*ULt LIY1 • LOCZ/ IF I , 46 THE CITY OF RENTON • = o MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • z14,� o) eel '''=° 'Y CHARLES J. DELAURENTI, MAYOR • PLANNING DEPARTMENT QO 235-2550 Tf®SE Pit.- ] March 28, 1978 James W. Dalpay P. 0. Box 2436 Renton, Washington 98055 RED: NOTICE OF APPLICATION ACCEPTANCE-----.-_. - J AND PUBLIC HEARING DATE FOR APPLICATION FOR REZONE FROM G-7200 TO B-1; File No. R-145-78; property located on Union Avenue N.E. between N.E. 12th Street and N.E. Sunset Boulevard Dear Mr. Dalpay: The, Renton Planning Department formally accepted the above mentioned application on March 22 , 1978 . A public hearing before the City of Renton Hearing Examiner has been s e t1 for April 11, 1978 at 9:00 a.m. . Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department, 235-2550. Very truly yours , Gordon Y. Ericksen Planning Director By : 11 ichae L. Smith Associate Planner wr i 1 ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED 3 ZZ17,S2 1 PLEASE REVIEW THIS APPLICATION FOR: ae Pb s REZON Jw Z - ( 5-J7V --1- . , 1 t3MAJOR PLAT SITE APPROVAL SHORT PLAT SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT PERMIT OR EXEMPTION 1 AND RETURN TO THE PLANNING DEPARTMENT i WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE 3 Z�/jy i SIGNATURE OR INITAL DEPARTMENT APPROVAL DENIAL DATE BUILDING74- -2.Z?y TRAFFIC . ENG _ 74__ 3 -,7- 29 / (4�1��`" - E N G I N E E R I N y .3)43 ?c - CHIEF GEISSLER RE. i X 3/28/78 I , HEALTH k REVIEWER °S COMMENTS OR APPROVAL CONDITIONS : 3 /((is w;// 44.ve th 6 .� cP tli fi Ser.�-P,✓ ,� sJN•,tt,., S o 'fic (F frr..1. gi o-Pe s•T0.- 1 l rvc.t'vli tie i: e- -h Le- Go ve "J . + 71 w1e_ , CI . , I PLEASE SIGN THE E . I ..W. : , 1 f #- 41. i r - _____ - -- - -- ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO : Finance Department Fire Department ' Library Department • ' Park Department • Police Department • . Public Works Department Building Div. 0 Traffic Engineering Div . Engineering Div .' li Utilities Engineering Div. FROM : Planning Department , (signed by responsible official or his designee ) My-t L• LPL( - . SUBJECT : Review of ECF- 32/J--78 ; Application No . : - ( 4g 7??, ' 1 Action Name :_ _ .. -��5 t714 -. / 0-7-eisit- -----12 Q -77-Dc.) g- I ((441 niece Please review the attached . Review 14equested by ( date) : 3 Z �ly . REVIEW BY OTHER CITY DEPARTMENTS : Department :_' ' �D� ' C o m m e njety �Q _,,;_ g-- 10 i ''<'`' . ' C /4/L -7:. 3 '--2---- -1 -Signature of V ector or Authorized Representative . Date ' REVIEW BY OTHER CITY DEPARTMENTS : ' • Department : ; 10% Comments : ' o S i.1 v..; _ 4. ::It- �"'`�`°"� ' ,i • • • : . " !_77K:04.7.11"--- 34.1si do- ._-_ Signature of Director or Authorized Repro cntative Date • • C 7G I (O,'ER ) , I i i • , . , . . r 1 . REVIEW Fr OTHER CIlY DEPARTMENTS : . . . • •_ . Department : Comments : . 4 /• . . . • . , . . . - . . . . . , . . , . , . . • . • N (1-2 • . . . . : • \ e:4772------/ , Signature of Director or Authorized Repre entative . Date • . . • , . . REVIEW BY OTHER CITY DEPARTMENTS :Department : 7---.- , • , . ; Comments : ) ._4 ifyip-,„4„ 4 _ P---4-1.-ec.-H A.A....44 1. I 7,-...,, . . . . . .. . . • . ., . . . • . • , . . . ,e .,_.........=....e_ . , Signature of Director or Authorized Representative Date , . . . . . . , , . . ' REVIEW BY OTHER CITY DEPARTMENTS : . ! •. t, Departmen :.. . . . , . . . , . . Comments : . . . . . , . ! I ' :• •• • . • ..! • • ' • . . • • . .,1 . . . . . ' . . , . ! - ! --7Signature of Director or Authorized Representative Date •- . . 1 , iiEVIEW BY OTHER CITY DEPARTMENTS : • ' ; , • • I ' Department : • • • i . . . Comments : . . • ; ' . , . . . . . . . . , 1 1 • , . . • . . . , . . . Signature of Director or (kuthorized Representative . D af-.fi--- . . , . , , , . • , . ._ • . . 1 ' 1 , . • . . • • . - 11 PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING April 11 , 1978 APPLICANT: JAMES W. DALPAY FILE NO: 1 R-145-78, Rezone � `. A. SUMMARY OF REQUEST: The applicant requests the approval of a proposed 40,000 square foot rezone from G-7200 to B-1 to allow the conversion of present structures to a beauty and barber shop and business offices. B. GENERAL INFORMATION: 1. Owner of Record: JAMES W. DALPAY 2. Applicant: JAMES W. DALPAY ' :. 3. Location: Northwest corner of Union Avenue N.E. and N.E. 12th Street. 4. Legal Description: 1 A detailed legal description is' available on file in the Renton ` Planning Department. , . !_ 5. Size of Property: ± 40,000 square feet i 6. Access: Via Union Avenue Northeast and N.E. 12th Street. 7. Exiisting Zoning: G-7200, Single Family Residential , . minimum lot size 7200 square feet: 8. Existing Zoning in the Area: G-7200, Single Family Residence District - B-1, Business Use. 9. Comprehensive Land Use Plan: Medium Density Multi-Family. 10. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle and posted in three places on or near the site, as required by City ordinance. C. PURPOSE 'OF REQUEST: To allow rezone of the subject site for future conversion of existing resi-it dential 'uses to commercial uses. D. HISTORY/BACKGROUND: The subject site was annexed into the City by Ordinance Number 2093 dated in 1964. ' PLANNING ,DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING, JAMES W DALPAY, REZONE FILE NUMBER R-145-78 April 11 , 1978 Page Two E. PHYSICAL BACKGROUND: 1 . Topography: The bulk of the site is relatively level with severe downward slopes to the north and east toward Sunset Boulevard. 2. Soils: Everett (EvC). Runoff is slow to medium and the erosion hazard is slight to moderate. This soil is used for timber and pasture and for urban development. 3. Vegetation: Grass cover makes up the bulk of the site with some medium-sized shrubs and several trees of the Douglas Fir species. 4. Wildlife: The existing vegetation of the site provides suitable habitat for birds and small mammals. 5. Water: There is no surface water evident on the site. 6. Land Use: The site presently contains two single-family residences and a garage. Uses in the vicinity are principally single-family ,� . residential with some commercial to the north and east. F. NEIGHBORHOOD CHARACTERISTICS: The area is a mixture of low-medium density multiple family and single family residential along with some commercial . G. PUBLIC SERVICES: 1 . Water and Sewer: An existing eight (8) inch water main runs along Northeast 12th Street and a twelve (12) inch main runs along Union 11 Avenue Northeast. In addition, a thirty six (36) inch City of Seattle transmission line parallels the Union Avenue line. An eight (8) inch sanitary sewer is also located along Union and 12th. 2. Fire Protection: Provided by the Renton Fire Department as per ordinance requirements. 3. Transit: Metro transit route 107 operates along Union and 12th adjacent to the site. 4. Schools: The subject site is located approximately one-half (1) mile to the north of the Honeydew Elementary School , one (1 ) mile to the east of McKnight Junior High, and approximately one-half (2) mile to the west of Hazen High School . 5. Parks: Kiwanis Park is approximately 1/4 mile south of the subject site. H. APPLICABLE SECTIONS OF THE ZONING CODE: 1 . Section 4-706 R1 Residence Single Family. 2. Section 4-711 B-1 Business Use. I. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN OR OTHER OFFICIAL CITY DOCUMENTS: Comprehensive Plan, 1965, Land Use Report, Objectives 1 - 6, pages 17 and 18. t { i - PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING, JAMES W. DALPAY, REZONE FILE R-145-78 April 11 , 1978 Page Three j Y I J. IMPACTS ON NATURAL SYSTEMS: is Minor. K. SOCIAL IMPACTS: Some impact will be felt due to increased intensity of land use. L. ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: . . Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended, RCW.43-21C, a declaration of non-significance has been issued for the subject proposal . M. ADDITIONAL INFORMATION: A vicinity map and site map are attached. • N. AGENCIES/DEPARTMENTS CONTACTED; 1 . City of Renton Engineering Division. �. 2. City of Renton Fire Department. ' 3. City of Renton Traffic Engineering Division . 4. City of Renton Utilities Division. 0. PLANNING DEPARTMENT ANALYSIS: , 1 . The proposed B-1 zone is not consistent with the Comprehensive Plan for the site and area. The existing B-1 . zoning adjacent to the northerly property line of the subject site represents the farthest southerly _,.. extension of business zoning as it relates to the Comprehensive Plan land use element. 2. It appears that the Comprehensive Plan took into account the existing prominent topographical difference between the subject site and the existing B-1 zoning in establishing the southerly extension of commercial uses in this area. Because of this topographical feature, the subject ,' site relates more to and has an impact on the residential area near Northeast 12th Street. 3. The ,subject site is adjacent to existing single family residential uses to the west and the existing Brentwood single family residence sub- division to the south across Northeast 12th Street. The Comprehensive Plan Objective #1 , page 17, states that land use incompatibilities and blight can be prevented ". . . . by protecting residential and other ex- clusive districts from the unwarranted infiltration of incompatible uses. . . . . " 4. B-1 zoning and uses exist across Union Avenue Northeast east of the subject site. However, this B-1 zoning was established many years ago with, the guidance of a previous comprehensive plan. This area has ' also, not reached full development capacity for the amount of B-1 zoning that exists. The topographic break is also farther south on the east side of Union Avenue Northeast. • II ,, I i. I' PLANNING DEPARTMENT PRELIMINARY REPORT TO HEARING EXAMINER PUBLIC HEARING, JAMES W. DALPAY, REZONE FILE 145-78 April 11,' 1978 A Page Four 5. The existing Comprehensive Plan designates the subject site for medium density multi-family land use. However, the applicant has applied for a B-1 zone classification and no rationale for multiple family residential zoning has been presented. (Section 4-3024(B)) 6. The Public Works Department has also discussed the sewer problems in the area. The sewer facilities in the area are presently at capacity. This aspect was presented in a previous rezone request for R-2 residential zoning on a parcel owned by Mr. Leudke approximately 300 feet west of the subject site (file number R-041-77). Water facilities appear to be adequate. P. STAFF RECOMMENDATION: I � Based onthe above analysis and the Comprehensive Plan, the existing single family use and zoning is appropriate at this time. However, low density'! multiple family may be a reasonable future use for the site based on pro; vision of proper sewer and specific site planning. • • 1 , 1 • I ` I; a , l i 1 I . is ' 4l I" { 1 t I � 1i { I I If y I �1 I 1 � i 'F?',Wier"..,.:.-..•.. '[:. .'. r,.r,, w' 'l'li.a.:' .Jli.w.i.g:w _"'°.r, 1 , 1 4,. ' ROUTE SCHEDULE PLANNING DEPARTMENT DATE ROUTED 3 Z•Z1 7(57 PLEASE REVIEW THIS APPLICATION FOR: ' James .2. (T. �_, � f (3-0 REZON <�•- 145-7V MAJOR PLAT SITE APPROVAL SHORT PLAT . SPECIAL PERMIT WAIVER SHORELINE MANAGEMENT • PERMIT OR EXEMPTION • AND •RETURN TO THE PLANNING DEPARTMENT i'fIi •• WITH ANY COMMENTS YOU MIGHT HAVE , BEFORE 3 Zq 7 ' S I GNATURE OR , I,NITAL DEPARTMENT APPROVAL DENIAL DATE ;l H . BUILDING .. 3-2:,2- 1 � • 1 iICENG'. 3 -,�' :a3 • C� . ENGINEERI • _ ::, - • •_ • •3/J • L3/ 7cH • CHIEF .GE IESLER Ii 4l X • 3/28/78 j HEALTH --r;,f_'� 5.- 7.7. 7 P R • EVIEWER 'S COMMENTS OR APPROVAL CONDITIONS : 3 ld�s cw;// 4,,ve 4 6 .. C�1. • .. '.� Se .,r aA.f4, S i'-+�� /,Ie.ti., ii o Ps,ee. . _ - i.: PLEASE SIGN THE E . I .W. : I i FI il• • ,k• , d t:.; • ,(} ±, ... —:, [...,•.• ... .• ',.• 1 _ • a .—.. ; . . • • — ti • ir r i • •,:5: 5 ! • • • fir ., '• f ! f • f •.11 , I, I . - , - ROUTING FOR REVIEW OF ENVIRONMENTAL CHECKLIST FORMS TO : Finance Department ' Fire Department , Library Department , I Park Department Police Department Public Works Department Building Div. 0 Traffic Engineering Div . Engineering Div . 11 Utilities Engineering Div. , i FROM: Planning Department , (signed by responsible official or his ' designee) kitatil‘L 1‘4,terl4 , . ' SUBJECT : Review of ECF- 2; 24'-73 ; Application No . : 12-145-7i • , Action Name :___Agg0Oble___50m3i_c)Aks tp4,_.rAy •. „ o4 Q -72,0o --r23 Ifs- i at-t,s poe_to ' Please review the att,ached . Review requested by (date) : :3 1.7 /671 REVIEW BY :OTHER CITY DEPARTMENTS : S Departmentv * Commens : p,. --c.v.' is- / 3 -#"`- .-1-- ct . .4 ,i740, e_l / 794_ 3 Af r z .42Ave_ ....pm,;(.4. 614 0-7,- Atz.-12- ,,...470,a.c... -.4-y -,0(.4. e- ,...z."7 -e:let-7 l' „ !-- "3 •"?.--`i--).)1 .44e_lf ..,f2 ,- e.,,,...-,. -- gnature of D' ec o idr or Authorized Representative Date ' 1 ' 1 , , REVIEW BY OTHER CITY DEPARTMENTS : . , . , Department :.. C....nein Comments : 124 s /111,Nd i 001.144,01.4414't l 'v , \ , 1' • , , ' • , i . I , , ,I 1r i • (7P_514i4w7,/% ..... 3 &PA'signature of of Director or Authorized Represntative Date l't, 11 , S . , I i • i, . 1 I la, ()-16 - (OVER) $ , ,, 1 , 0 i , • , . , 1 , . 1 .1 REVIEW BY, OTHE'T‘'. CITY DEPARTMENTS : /.. : . Department : -77•6174/e• L-. ..e., P p/Mer : 1 Comments : ; :i..1 r : ? 1 •• - .. 1 • . . i '-• • • • .1 ': •' • . 1 : • I . I • . !, :: ,.....0., :r..F. .,.....;...--, ) ‘-1./, 2/2& Signature of Director or Authorized Repre. entative . ' Date r i . • : ! i: is i . It I ' 1 .. REVIEW BY OTHER CITY DEPARTMENTS : 1 , . • Department : 7. ,•• . , . Comments : )4613,714/.. . (-4 7!)11,-f---44.. 4 : . •:.1 • . .ii • ;' 64 tiee 1 ,,e. 1: /3-) ( 142-4(4-f---4 ;,•_, ,..0_,. , : , , !!!, E ;.1 ! • • . ;: . . . '•:' I.: ,I I; . • i ,. .. . . 1 • , ! l• , . deg. -e_ • Signature of Director or Authorized Representative Datie, • • li ' ,, , . . . . :II),'' ' • ' REVIEW BY OTHER CITY DEPARTMENTS : : -. -. -...:,..=,..4..;.-, . Department : ., ,. . Comments : " 1 Hi • • .. • , • ..,L 1 ! :1'f • . „ . q , 0 . ,I , - - 1 ' Signature of Director or Authorized; Representative Date il . !I. • i 1 . . ! li _ ----- : 1 i4E.VIEW BY OTHER CITY DEPARTMENTS : t , 1 •Department: . • . . — • H -'..lr • . 1 .Comments 1 , V .. 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DALPAY , APPLICATION FOR REZONE FROM G-7200 TO 6-1; • File No. R-145-78;! property located on the northwest corner of Union Avenue N. E.- and N. E. 12th Street. ,; . - . i . , , . , . . , . . . . . . . . . APPLICANT JAMES W. DALPAY TOTAL AREA ±40,000 scii• ft. _ . . .. , . PRINCIPAL ACCESS Via Union Avenue NE and NE 12th Street 1 , EXISTING ZONING G-7200, Single Family Residential . ..1 . . . . . , . . • EXISTING USE Single Family Residence , . . . PROPOSED USE Commercial . . • , . I , COMPREHENSIVE LAND USE, PLAN Medium Density Multi-family . . . . '( COMMENTS . • II . q . . . , . . ...._ . , , • It - 0. 1 • • . , . II • . : . . . ' .-_ : ....,. - • - • • ' ' • 1 . . , : • II . . .' , II � ! • / ': 7... —...R.., - ,fi .r..r..-- .. ..,.. :ryi::7.77. , .�•� tt: P1 7;1 dx,,y,,..,,.A0RY.:.:....„.,..,1i.,..„....r .OtLL4.7 • 7 ( - ,/ [] 1 N I 11 ' I �I ES 1 • 4 ,..i... . Lill .:.„„ .. . . \e„ ., . , -..:1!, • . . 1 ( :_ _.... , . ...,, .ri ' sI! 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T: E ,, ' 1 'I= Zoo s ' , ' f'; El iEwiue a� /45-78 _ c\�� =sT.--;1 }1 • Z( ''//1 . 0 !.! 416 i. [::::]: .\... ..; \\ . .. -...c.3 i,.....___,,-.,...„,-:":.---, al j .1 I I L1 I = /, --,- ! . ( ,Y, •.,.,„.A• . Y/. ^;► is ildarH , v. _Jo TREES 1 _I ---- I m...: ¢ t . . u'►i I � i—I� Ii-- . �I. r--: r--t T- PROPOSED/FINAL DE .LARATION OF SIGNIFICANCE/NuN-SIGNIFICANCE Application No . • R-145-78 0 PROPOSED Declaration Environmental Checklist No . ECF-325-78 X FINAL Declaration Description of proposal Rezone from G-7200, Single Family Resi - dential to B- 1 , Business . Proponent JAMES W. DALPAY Location of Proposal Northwest corner of Union Avenue N.E. and No. 12th Street. Lead Agency City of Renton Planning Department This proposal has been determined to 0 have © not have a significant adverse impact upon the environment . An EIS 0 is is not required- under RCW 43 . 21C . 030 (2 ) (c ) . This decision was maae after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . Reasons for, declaration of environmental significance : • Measures , if any , that could be taken to prevent or mitigate the environmental impacts to such- an extent that the lead agency would withdraw its declaration of significance and issue a (proposed/final ) declaration of non-significance : Responsible Off ' cia Gordon Y . Ericksen Title Pl . ( n • ► ire . r ' Date April 4, 1978 et Signatu AdA I - City of Renton dr •/ Planning Department 5-76