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LUA72-693
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Mr •-•- . i . .-- _ 041,ritigit_.,41r. . OE- -6 .4fili. 0 „iiiiiN ...,„40460... MOBIL OIL CORPORATION 0, AEROLIST Inc. ,1a — �, wE 7-3500 Searrle,Wa. sans BEGINNING OF FILE FILE TITLE 1 , _ - (,- b ) . - - - 0 i ..... , or.. ......, ...nu... .me • ... . .. . .... -\4 1 r 1 7 a . -I SIVIO[NJ.sel lid V J,N V)VA 1\ 1/ ' x aNtil r "°"7171 -.Alln \ 1 d --__.q 1.----gt..Al 1 i 1-/A l\ k.5‘ . -----.------\--:----------____ --------------- __\ \ ' — , \ 0 \ ' ' CNVi `kk't \ \ v&\ ... _i_NVVA \ -.711-14...3Q.Nr?)-1 i \ > id 0 7 rn \ \ w \ \ \ P A i . \ _ _ \ \ _ \ \ \ — \ , 0 \ vA.L.Ggt . .2.' • -171 ____—• •_l_g \ \ \ \ /3 47 \ \ I In \ \ . , 1..... fil \ s ' c\ \ \\ ,`Y .p. \ \ PP 0 \ \ \ \ 0 (71), o o 06, \ , • i . \ , 'a ......___. o o a o o a N, -... . \ o o o .. , o \ liN \ % 0 — — — -- _ -- __ _ —— _- _ •••.•••••• ••••°''''. . `. ' RENTON CITY COUNCIL REGULAR MEETING November 13, 1972 Municipal Building 8:00 P.M. Council Chambers MINUTES FLAG SALUTE AND Mayor Avery Garrett led the Pledge of Allegiance and called the Renton CALL TO ORDER City Council meeting to order. ROLL CALL OF BRUCE, DELAURENTI, PERRY, STREDICKE, CLYMER and GRANT. MOVED BY BRUCE, COUNCIL MEMBERS SECONDED BY CLYMER., ABSENT COUNCILMAN BE EXCUSED. CARRIED. - MINUTE APPROVAL MOVED BY STREDICKE, SECONDED BY GRANT, TO CORRECT MINUTES OF NOVEMBER 6, 11/6/72 1972, PAGE 3 OLD BUSINESS "LANDSCAPING" TO PARKING AND LOADING" IN MOTION BY GRANT, SECONDED BY CLYMER. CARRIED. MOVED BY STREDICKE, SECONDED BY BRUCE, MINUTES BE APPROVED AS AMENDED. CARRIED. CITY OFFICIALS AVERY GARRETT, Mayor, DEL MEAD, City Clerk, G. M. SHELLAN, City Attorney, IN ATTENDANCE GORDON ERICKSEN, Planning Director, BERT McHENRY, Acting Director of Engineering, VERN CHURCH, Purchasing Agent, JACK LYNCH, Mayor's Administra- tive Assistant, DEL BENNETT, Public Works Administrator, HUGH DARBY, Police Chief, M. C. WALLS, Fire Chief, VIC. TeGANTVOORT, Street Superinten- dent and TED BENNETT, Accounting Supervisor. Mayor Garrett welcomed Councilman Perry back after absence due to auto ORDINANCES & accident. Councilman Delaurenti presented ordinances on behalf of Legis- RESOLUTIONS lation Committee Chairman Perry, placing change in zoning classification • Ordinance-Rezone from General Suburban to Single Family Residential for property located Jay E. Holmes N.E. corner between 10th N. and Monroe N.E. on first reading. Following Property reading by the Clerk, MOVED BY STREDICKE, SECONDED BY DELAURENTI, THE ORDINANCE BE REFERRED BACK TO LEGISLATION COMMITTEE FOR ONE WEEK. CARRIED. • Ordinance also presented was change in zoning classification for property Ordinance Rezone located south of S. 2nd St. and easterly of Safeway #335 from Residential Franklin Life Ins. District to Business District, placed on first reading. MOVED BY STREDICKE, Property SECONDED BY CLYMER, SUSPEND RULES AND HAVE CLERK READ ORDINANCES BY TITLE ONLY. CARRIED. Following first reading, MOVED BY STREDICKE, SECONDED BY DELAURENTI, ORDINANCE BE REFERRED BACK TO LEGISLATION COMMITTEE TO BE HELD FOR ONE WEEK. CARRIED. Ordinance 2749 Legislation Committee Member ➢elaurenti also presented for second and Restricting final reading an ordinance relating to parking restrictions on South side Parking S.3rd of S. 3rd St. from Mill Ave. S. to Cedar Ave. S. Following reading MOVED BY CLYMER, SECONDED BY STREDICKE, ORDINANCE BE ADOPTED AS READ. ROLL CALL VOTE RESULTED IN ALL AYES. ORDINANCE ADOPTED. Also presented for Ordinance 2750 second and final reading was an ordinance increasing speed limits on Increasing Speed Puget Drive S.E. from Edmonds S.E. to Benson Rd. S. from 30 M.P.H. to Limit Puget Dr. 40 M.P.H. Following reading MOVED BY CLYMER, SECONDED BY STREDICKE, THE ORDINANCE BE ADOPTED AS READ. ROLL CALL VOTE RESULTED IN 5 AYES WITH DELAURENTI GIVING DISSENTING VOTE. MOTION CARRIED. AUDIENCE COMMENT Mr. Mario Gotti requested correction in ordinance to restrict parking Mario Gotti on S. 3rd St. to include Main Ave. S. to Mill Ave. S. Mr. & Mrs. Mr. James W. Kennedy having previously written to Mayor and Council asked James W.Kennedy to have zoning ordinances for Puget Drive S. and Benson Rd. reviewed, and Urge return of questioned mode of notice to public when change in property use requested. Area to Single At Mayor's request, Planning Director Ericksen explained action on rezone Family Use and submitted Mr. & Mrs. Kennedy's letter for reading by the Clerk. Down- grade zoning done at property owner's request was explained by Stredicke. William File Mr. Bill File suggested notification of persons in area of proposed rezone Joe Sporcic by including notice in utility billing for area. OLD BUSINESS Councilman Grant reported results of parking survey for Municipal Building Parking Lot Survey are available at Council or Building Department Offices. Councilman Stredicke inquired as to implementation of two-way traffic on Houser Way Houser Way between Mill and Main S. as approved by Council on 9/11/72, being advised by Acting Engineering Director McHenry signal poles not available locally, with 4 to 16 week delay in obtaining delivery. Councilman Stredicke questioned delay, Councilman Clymer suggested use of different type poles. Councilman Grant urged compliance with downtown beautification plans. MINUTES - RENTON CITY COUNCIL MEETING 11/6/72 Page 2 OLD BUSINESS - Continued Garbage MOVED BY STREDICKE, SECONDED BY GRANT, THAT THE ORDINANCE RELATIVE TO REFUSE COLLECTION BE REFERRED TO THE PUBLIC WORKS COMMITTEE FOR REPORT • BACK. CARRIED. Upon Councilman Stredicke's inquiry, City Attorney advised the present garbage collection contract can be extended 30 to 60 days if Lead Time needed, present contract expiring in May, and the City cannot extend services outside the City, any newly annexed area can be served by prier contractor for five years. Councilman Stredicke called attention to • street sign hidden by shrubbery in area of N.E. 10th Ct. and Olympia N.E. NEW BUSINESS National League of Council President Bruce submitted request for authorization to attend Cities Meets - the National League of Cities 49th Annual Congress of Cities Convention Indianapolis November 26 through 30, 1972 in Indianapolis, Indiana. MOVED BY GRANT, SECONDED BY PERRY, TO CONCUR IN REQUEST OF COUNCIL PRESIDENT. CARRIED. Councilman Clymer asked Administration to look into matter of landscaping business at S.W. 13th St. using large trucks reported to be breaking street. Councilman Grant reported bike registration progranr is progress- • ing. MOVED BY GRANT, SECONDED BY BRUCE, TO REFER TO TRANSPORTATION COM- MITTEE INFORMATION GATHERED BY ENGINEERING AND PLANNING DEPARTMENTS ON LANDSCAPING RAINIER AVE. , AIRPORT WAY, AND SUNSET BLVD. " CARRIED. Trailer Used As Councilman Stredicke asked for report from Building or Planning Director Business Office on trailer on N.E. 4th St. Councilman Grant requested Council be notified of Human Relations Committee and Fair Housing Commission appointments and meetings. AUDIENCE COMMENT Charles Shane Mr. Charles Shane reported circulating a petition to be presented to the City at a later date requesting equalization of water rates between home owners and industry, dropping of fees for all permits, City employees be residents with no more than one City employee for any family, and sewer rates be no more than $1.00 per month. Mario Gotti Mr. Mario Gotti proposed safety zone for S. 3rd St. between Mill and No Parking Main Avenues S. with no parking allowed in front of dentist office. MOVED BY CLYMER, SECONDED BY GRANT, TO REFER MR. GOTTI'S COMMENTS TO THE TRANSPORTATION COMMITTEE. MOVED BY STREDICKE, SECONDED BY GRANT, PENDING MOTION BE TABLED. CARRIED. MOVED BY STREDICKE, SECONDED BY . GRANT, RECONSIDER ACTION BY WHICH ORDINANCE ADOPTED. (RELATING TO NO PARK- ING ON S. 3rd.) MOTION TO RECONSIDER CARRIED. MOVED BY STREDICKE, SECOND- ED BY PERRY, SUBJECT OF NO PARKING ON SOUTH THIRD STREET EAST AND WEST OF •MILL AVE. S. ,AND THE CODE ON PARKING RESTRICTIONS IN CITY BE REFERRED TO TRANSPORTATION COMMITTEE TO STUDY. MOVED BY PERRY, SECONDED BY GRANT TO AMEND MOTION DELETING PORTION REFERRING PENDING ORDINANCE TO TRANSPORTA- TION COMMITTEE. MOTION CARRIED. MOTION AS AMENDED CARRIED. MOVED BY CLYMER, SECONDED BY GRANT, TO ADOPT ORDINANCE RESTRICTING PARKING ON S.3RD Ordinance' 2749 AS PRESENTED. Roll Call Vote resulted in ALL AYES. MOTION CARRIED, ORDINANCE ADOPTED. Upon former Councilman Shane's inquiry, Acting Engineering Director Budget Inquiries McHenry explained water installation in Earlington Industrial Area with late comer's agreement for installation at tank farm. MOVED BY STREDICKE, SECONDED BY GRANT, SUBJECT OF ORDINANCE FOR CREATION OF HUMAN RIGHTS COMMISSION BE REFERRED TO LEGISLATION COMMITTEE. CARRIED. ADJOURNMENT MOVED BY GRANT, SECONDED BY BRUCE, MEETING BE ADJOURNED. CARRIED. 10:35 PM Meeting adjourned at 10:35 p.m. • • Del Mead, City Clerk m ©A TT--- • PLANNING DEPARTMENT o RENTON,WASHINGTON MUNICIPAL BUILDING 0 RENTON,WASHINGTON 98055 0 BA 8-3310 4t, 9yspCRT CAPiTA-CE�a� August 23 , 1972 General Securities Inc. 74 South Lucile Street Seattle, Washington 98108 Re: Rezone Application No. R-693-72 e Declaration of Restrictive Covenants Gentlemen: Attached is the original of the Declaration of Restrictive . Covenants executed by you in connection with the rezone of your property located on the northwest corner of Benson. Road South and South Puget Drive in Renton, Washington. Copies of this document have been made for city files. Very truly yours , Gordon Y. Ericksen Planning Director cc: City Clerk Enclosure ';T-2 ilh • DECLARATION OF RESTRICTIVE COVENATS WHEREAS Renton Properties , a joint venture, is the owner of real property in the City of Renton, County of King, State of Washington, described as follows : • That portion of the S. W. quarter of Sec. 20 , Twn.23N. , Range 5 E.W.M. , in King County, Washington described as follows: Commencing at the N. W. corner of said S. W. quarter; thence S. 2°06 ' 30" W. along the w. line thereof 494.94 feet to the southerly line of Puget. Sound Power & Light 0. Co. 120-foot right-of-way, as contained in instrument CD recorded under Auditor 's file No. 5687370 ; thence N. 74°32 '17" E. 297. 53 feet to a point on the Easterly CD CD margin of Puget Drive; thence S. 16°20 '40" East along CD said easterly margin 1047. 42 feet to the true point of CV beginning; thence N. 68°39 '20" E. 115.89 feet to the Westerly margin of Benson Road as said margin was es- • tablished by Judgment & Decree of Appropriation filed under Superior Court of Washington case No. 668210; thence S. . 21°19 '15" E. along said Westerly margin 316.03 feet; thence S. 17°51 '28" W. along the right of way-intersection of Benson Road and Puget Drive 17.13 feet to a point on the Easterly line of said Puget Drive, said point being on a 304.26 foot radius curve concave to the N. E. , a radial at said point bearing N. 17°51' 28"E; thence Northerly along said Easterly margin an arc distance of 296. 30 feet to a point of tangency; thence N.16°20140"W. along said Easterly margin 67.26 ft. to the true point of beginning. - . WHEREAS the owner of said described property desires to im- pose the following restrictive covenants running with the land as to use, present and future, thereof; NOW, THEREFORE, the aforesaid owner hereby establishes, grants, and imposes restrictions and covenants running with said land as to the use thereof by the undersigned, its successors, heirs, and assigns , as follows: I. LAND USE Uses and changes therein shall be subject to review and approval by the Planning Commission or other appropriate examining body of the City of Renton as provided for by the ordinances thereof as now existing or hereafter amended. II.. DEVELOPMENT PLANS Development or redevelopment of said land shall be in accordance with the plans approved by said Planning Commission as well as CLINTON, MOATS, ANDERSEN & FLECK THIRD&LENORA BUILDING SEATTLE. WASHINGTON 98121 MAIN 4-6831 -1- • • 7 • by the Building Department and Engineering Department of said City, and shall include but not be limited to the following items: Buildings or other structures; Height of structure; Filling and grading; el Landscaping; and CD Access O III. SETBACKS O CQ N- No building or structure shall be permitted or located within twenty (20) feet of any property line. IV. LANDSCAPING AND BONDING A performance bond in favor of said City shall be posted to assure conformity with landscape plans approved by its Plan- ning Commission. The amount of such bond shall, at the option of said City, be equal to one hundred fifty (150) percent of the cost of the installation of the approved landscaping plus maintenance thereof for a period of three (3) years thereafter. At the option of the grantor herein, a cash bond may be substi- tuted for said performance bond in a like amount. Areas land- scaped shall be maintained in their original or reasonably equivalent condition for the life of these covenants. V. TIME PERIOD These covenants shall run with the land and expire on December 31, 2020 , but if said land is not zoned B-1 ("Commercial")"on or before December 31, 1972 , said covenant shall be null and void. Any violation or breach of any of these restrictive covenants may be enforced by appropriate legal procedures in the Superior Court of King County or any other court or tribunal having jurisdiction thereover either by the City of Renton or any property owners ad- CLINTON. MOATS. ANDERSEN & FLECK THIRD&LENORA BUILDING SEATTLE. WASHINGTON SSW ' MAIN 4.6831 -2- �. • i,ti ,....+ , , joining said land who are adversely affected by said violation of breach. • • • M , RENTON PROPERTIES, a joint venture • amen H. hite ames M. en ���/ 0.c.1„�.�` �an . n h .. Susan E. White �_ IBIS If' C :..', - 12tial 0. 11414444,_ ) . i Nr Donald R. She herdson a single man (//';4!'rf.-elleii4 co Donn p , N - / e - in Fred �. Bell . STATE OF WASHINGTON ) ) ss COUNTY OF KING ) . On this 61.1- day of June, 1972, before me personally appeared • the individuals above signed, who executed the within and foregoing in- strument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned.' IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal on said day and year. NOTARY PUBLIC in and for the State of Washington residing !f 44), ,"%, at Seattle. - jf4çf1 y•410_1 ;gillat CLINTON. MOATS. ANDERSEN & FLECK THIRD&LENORA BUILDING • SEATTLE. WASHINGTON 96121 MAIN 4-6831 _3- , 1 1 • I• ....1 • • • ei z. ,,..-,!,;,• ;F.J r;?5 • • , : z. • • u• • RECORDED • OF •.....REQUEST ' ssos6 'YtRv CT 'R't'S.LN of T1J 10 z: ':;A 1 uur OC{"{£I 'I''.'.:IT.:a\i)L'': '•i:J.?.h::ICI G ' j(► .` 'nt it piolou Jo' 0 y '•! 1 DIRECTOR RECORDS i► {ONS .KINO CCUNTYELCT� WASH. • ;,,, • • • -- ,,. _ 1)(3 )11-7 ApA). Po- Juno 23, 1972 Mr.. Bruce Mahler , Land .& Tax Agent ' King County Dept .. of Assessments 708 King County Administration Bldg. Seattle , Washington 98104 Dear Sir: Enclosed is a certified copy of Ordinance No. . .7/ F- changing the zoning of certain properties within the City of Renton, as passed and approved on the2Srd day of June 1972 . Very truly yours, CITY OF RENTON • . Helmie W. Nelson City Clerk HWN/rlg Enclosure (1) cc: Planning Department. OFFICE OF TIIE CITY ATTORNEY • RENTON,WASHINGTON POST OFFICE BOX 626. 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 GERARD M. SHELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY May 23 , 1972 Mr. Gordon Ericksen Planning Director City Hall Renton, Washington Re : Proposed Restrictive Covenants - General Securities, Inc . Dear Gordon: This is to acknowledge receipt of your letter dated May 19, 1972 together with the proposed "Declaration of Restrictive Covenants". You invited our comments and they would be as follows : a. Re : "Land Use" - We would suggest that the following words be added at the end of said subparagraph "as provided for by the ordinancesof the City of Renton as now existing or as same may be hereafter amended" . 1 . In all fairness we would suggest that this type of restriction may be unreasonable if the intent thereof is to allow the Planning Commission or any other body_ of the City to approve or disapprove any change of use hereafter. This may betnduly restrictive since the prime determination by the Planning Commission should be whether this given piece of property, or any Other parcel of property is suitable for "business use" as the highest and best use in this given area and in compliance with ' the City' s Comprehensive Plan. Once rezoned to business use, a property owner should he allowed to utilize it for any purpose. permitted by our ordinances and subject thereto. Otherwise, a property owner would never know whether he would be permitted to have a business on said premises which is authorized by our code, without in each case again requesting the Planning Commission for permission. This appears contrary to normal, nondiscriminatory zoning procedures. b. Re: "Development Plans" - We are wondering whether the plans involved should also be approved by the Building and Engineering Departments in addition to the Planning Commission since these two departments undoubtedly also have jurisdiction 1 Copy • over building and construction generally. N _ :t c. Re: Paragraph IV - (Landscaping and Bonding) : In each gra P of these instances , it may be advisable to allow a cash bond to be posted instead of a regular performance bond. You should also inquire, before any such duty is imposed on a property owner, whether it is possible to secure a performance bond of this type from the insurance companies in this area that usually write such type of bonds . Our own experience has been that such companies are usually reluctant to provide such bond because the landscaping requirements are sometimes vague, indefinite , and difficult to enforce. It would therefore be advisable to spell them out very succinctly so as to minimize any subjective interpretation later on. d. Re: Paragraph V - (Time Period) : We would suggest that a date be inserted regarding the proposed rezoning to be one which may be 90 to 180 days from date or any other period you deem suitable. f . The last paragraph of the Covenants could possibly be worded so that after the word "King County" the following be added " or any other court or tribunal having jurisdiction thereover". The words "or violation" should be added at the end of said subparagraph after the word "breach" . We would also consider it a good idea if such proposed restrictive covenants be first examined and commented upon by the City Departments prior to their 'being released to others for their comments . This for the reason that it may be more difficult to agree on changes especially in a case where there has been some tentative agreement between your department and the petitioner as appare—n IY was done in this case. If we can beof any further assistance to you in this matter, please advise. We remain Very truly yours , Gerard M. Shellan • GMS:bjm be: Mayor, Council President , City Clerk , ,a q i . • .. . • • •. • . • . • . . . . .. ; L _ , • • . . . • . . . • • . . . . . . . . . - ....____ .. .. .. .... . . . • • . . . . . . ... . . . . _............ . .. . . ._ . . _ . .. . . • . . _ . . . . . , • ' ' • Original .y4 5/4 • 12-68 • R6R PRINTERY /t . ' CITY •TREASURER ' S RECEIPT NO 5421 � •�1. 7 RENTON,WASH. / � 7 RECEIVED OF - /' 7 �y�` -, DOLLARS • iLG Gu.� (�_ - ! t1r—G'' �7 mot/ le -7. ' � FOR 4 TOTAL `_� tiCI • ;: Or9•eea J u.a JUL — 7 1971 • DQROTHEA S. GOSSETT CITY 1 EASURER L . . • • . . • ., . . ... .... . . . • . . . . , . • • . ........ . . , • . . . . . . . • . . 4 L77(...._/_...?-7,/,._..., ,...„6_,•4--d.-4...ii U c� RE(FI/�D �\ - �P- • "�•.. 7 2 � . • • • CEP RC I f . • ram. 1 • MEMORANDUM DATE : June 25 , 1969 TO : PLANNING COMMISSION FROM: BOARD OF PUBLIC WORKS • RE : PROPOSED CON.STRUC.TION- -VICINITY OF BENSON ROAD SOUTH • AND SOUTH PUGET DRIVE • At its meeting of June 24 , the Board of Public Works • reviewed the plans for a proposed medical clinic for Dr . Thomas Maxwell submitted by Mr . Milton Stricker , architect , and an office building designed by Johnston-Campanella-Murakami $ Co . at the northwest corner of. Benson Road South and South Puget Drive . It is the recommendation of the Board of Public Works that access on Benson Road South be eliminated. due to the dangerous condition that exists from the heavy volume of traffic , existing channelization, and the difference in elevation between the existing Benson Road South and the proposed parking areas . It is further recommended that the owners dedicate the remaining piece of right-of-way, as shown in red on the attached plot plan , to the City of Renton. . p ,. „ +w� v._vr. ` - e Y'Sh'"6Mano...i'be. •.Yyn•b..r .r...hu v'Ta:nrr w DEL BENNETT • Vice Chairman DCB :cah • Attachment • r . • • • .S ti•`~ ! /1 d - � � r• ' • ORDINANCE NO. ," 7 / 2 �tx� �'cc AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, '� • CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM RESIDENCE 22 ' DISTRICT (R-3) TO BUSINESS DISTRICT (B-1) WHEREAS under Chapter VII , Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of General Ordinances of the City of Renton" , as amended , and the maps and reports adopted in conjunction therewith , the property hereinbelow described has heretofore been zoned as Residence District (R-3) ; and WHEREAS a proper petition for change of zone classification of said property has been filed with the City Clerk on or about April 5 , 1972 , which petition was duly referred to the Planning Commission for investigation, study and public hearing , and a public hearing having been held thereon on or about April 26 , 1972 , and said matter having been duly considered by the Planning Commission and said zoning request being in conformity with the City' s Comprehensive Plan, as amended , and the City Council having duly considered all matters relevant thereto , and all parties having been heard appearing in support thereof or in opposition thereto , and Petition-Owner having heretofore executed and delivered unto the City their "Declaration of Restrictive Covenants" and same being incorporated herein as if fully set forth. NOW THEREFORE , Qp LL gE Icy A p, QRAENTRWWAXMINONOWARxnailanx SECTION I : The following described property in the City of Renton is hereby rezoned to Business District (B-1) as hereinbelow specified; the City Engineer and the Planning Director are hereby authorized and directed to change the maps of the Zoning Ordinance , as amended , to evidence said rezoning , to-wit : As per Exhibit "A" attached hereto which is incorporated herein as if fully set forth. Said property being located on northwest corner of Benson Road and Puget Drive in Renton, Washington. - 1 - SECTION II : This Ordinance shall be in full force and effect from and after its passage,five and /l its publication., unless otherwise provided for hereinabove . PASSED BY THE CITY COUNCIL this/W7 day of June , 1972 . Helmie Nelson , City Clerk APPROVED BY THE MAYOR this /9.2 day of June , 197 2. Avery Garrett , Mayor Approved as to form: 7.53-,,r(14' (dWoit Gerard M. Shellan, City Attorney Date of Publication: JUN 23 19 - 2 - EXHIBIT "A" ORDINANCE # 2' -7/ g • • • LEGAL DESCRIPTION OF PROPERTY That portion of the S .W. quarter of Sec. 20 , Twp 73 N. , Range 5 E.W.M. . in King County, Washington described as follows: commencing at the N,W. corner of said S .W. quarter; thence -S•. . 2°06 ' 30" W. alone - tJ pT 1 i n,= .t-hprOof 494 . 94 feet to the southerly line of Puget Sound Power & Light Co 120 foo, ,right of way, as contained in -instrument" recorded under"-Auditor' s file Nc S613.7370: thence N. 74°32 ' 17" E. 297. 53 feet to a point on the Easterly margin of P�13Pt DriyA: thence S. 16°20 ' 40" East alone said easterly margin 1047: 42 feet to the true -point : of beginning; thence N. 68° 39 ' 20" E. 115. 89 feet to the Westerly maraiu of, Benson Road as said martin was established by Judgment & Decree of Anor� priation filed under Superior Court of Washington case No. 668210 ; thence S . 21°19 '15" E. along said Westerly margin 316 . 03 •feet; thence S . 17° 51 ' 28" W. alone the right of way intersection of Benson Road and Puget -Drive -17 .13 - feet to a point On the .Easterly line of said Puget Drive, said point beinq .•on a 304 .26 foot radiuE curve concave to the N.E. , a radial at said point bearing - N. . 17° 51.'28" E; thence Northerly along said Easterly margin an arc distance of 296 . 30 feet to a point of tangency; thence N. 16°20 ' 40 " W. along said Easterly margin 67 .26 ft to the true F~ of beginning • 1 INTER-OFFICE MEMO DATE: !sue — F-1` TO: Helmie Nelson, City Clerk FROM: Jackpwiilson, City_ Engineer Q,�, R E: /�h�� 02 �. ..,c� l�J ✓� fl I hereby certify that the legal description contained in the attached �c, of the -aJ. . .' -c property is correct. .J c Wilson, City Engineer INTER-OFFICE MEMO DATE - 7L TO : Helmie Nelson , City Clerk FROM: Gordon{ Y. Ericksen , pPlanning Director R E: � \ �a q 3- '7 - /J&i&i l -c C- I hereby Certify that the legal description contained in the attached CY- 04, Gt d-4 } CGti2cG�r�! C-i is correct . kk \ *, Asz. Y. Gordon Ericksen Planning Director iir Orr 17 PLANNING DEPARTMENT • RENTON,WASHINGTON = MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • BA 8-3310 v 9ysAo E�a� June 2 , 1972 Rj CAPITAL-0 - The Honorable Avery Garrett, Mayor • Members of the City Council Renton, Washington Re: Planning Commission Recommendations Rezone Applications Gentlemen: • The Planning Commission has completed its review of the applications ' listed below and forwards the following recommendations to the City Council: I/ GENERAL SECURITIES INC. , Appl. No. R-693-72; rezone from R-3 to B-1; property located on northwest corner of Benson Road S . and S. Puget Drive • Total Area--32 , 066 sq. ft. Principal Access--Benson Rd. S. and S: Puget Dr. Existing Zoning--R-3 Existing Use--undeveloped Proposed Use--service station Comprehensive Land Use Plan--commercial Upon completion of the public hearings on the subject matter the Planning Commission took the following action: "MOVED AND SECONDED THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE GENERAL SECURITIES APPLICATION FOR REZONE FROM R-3 TO B-1 WITH RESTRICTIVE COVENANTS AS REVISED IN THE HEARING DISCUSSION AND SUBJECT TO SIGN RELOCATION, LANDSCAPE REVISION AND ACCESS LIMITATION ON BENSON ROAD AS FOLLOWS: NORTHERNMOST ACCESS, INGRESS ONLY; SOUTHERNMOST ACCESS, EGRESS ONLY, THE REZONE REQUEST IS IN AGREEMENT WITH THE COMPREHENSIVE LAND USE PLAN" . The motion carried. A copy of the proposed restrictive covenants is attached. These covenants were submitted by the applicant after joint discussions held among the applicant, adjacent property owner and the Planning Commission. The covenants define development of the property with specific reference to land use, development plans, setbacks , landscaping and bonding. It is the Planning Commission' s opinion that said covenants are essential to insure the compatibility of proposed development with adjacent properties. Mayor and City Council June 2, 1972 Page 2 HOLMES, JAY E. , Appl. No. R-682-71; rezone from R-3 to B-1; property located east side of Jefferson Ave. NE, north of Sunset View Apartments Total Area--2/3 acre, approximately Principal Access--NE 10th St. and Sunset Blvd. NE Existing Zoning--R-3 Existing Use--undeveloped Proposed Use--commercial Comprehensive Land Use Plan--commercial Upon completion of the public hearings on the subject matter, the Planning Commission took the following action: "MOVED AND SECONDED THAT THE PLANNING COMMISSION CONCUR IN THE RECOMMENDATION OF THE ZONING COMMITTEE APPROVING THE HOLMES REZONE APPLICATION AND FORWARD TO THE CITY COU. CIL FOR ITS CONSIDERATION. " The motion carried. COLLMAN, EILEEN, Appl. No. R-695-72 ; rezone from R-2 to B-1; property located north of City Center Motel , front- ing on S. 2nd Street Total Area--0 . 91 acre, approximately Principal Access--S. 2nd Street Existing Zoning--R-2 Existing Use--mobile home park Proposed Use--retail store Comprehensive Land Use Plan--commercial Upon completion of the public hearing on the subject matter the Planning Commission took the following action: "MOVED AND SECONDED THAT THE PLANNING COMMISSION APPROVE THE COLL- MAN APPLICATION FOR REZONE FROM R-2 TO B-1 AS IT AGREES WITH THE COMPREHENSIVE LAND USE PLAN AND FORWARD TO THE CITY COUNCIL FOR ITS CONSIDERATION. " The motion carried unani- mously. Very truly yours, / / - Go don Y. Er 1cksen -Planning gl ctor ( , McbiI Oil:Corporation 1711-13TH AVENUE S.W. SEATTLE,WASHINGTON 98134 June 1, 1972 Planning Department City of Renton Renton, Washington 98055 Dear Sirs: - This is in reference to General Securities application for a zoning change at the Northwest Corner of Puget Drive and Benson Road. One of the con- ditions to approval imposed by the City of Renton Planning Commission is that a performance Bond be posted for certain landscape work. This is to advise you that we will post such a performance bond when we apply for and before receiving the necessary final building permits. Yours very truly, MOBIL OIL CORPORATION Fred Baker Project Engineer " cu � 71 \G ' • 0. DECLARATION OF RESTRICTIVE COVENANTS WHEREAS Renton Properties , a joint venture, is `the owner of real property in the City of Renton, County of King, State of Washington, described as follows : That portion of the S. W. quarter of Sec. 20 , Twn.23N. , Range 5 E.W.M. , in King County, Washington described as follows: Commencing at the N. W. corner of said S. W. quarter; thence S. 2°06 ' 30" W. along the w. line thereof 494.94 feet to the southerly line of Puget Sound Power& Light Co. 120-foot right-of-way, as contained in instrument recorded under Auditor 's file No. 5687370 ; thence N. . 74° 32 '17" E. 297. 53 feet to a point on the Easterly '' , margin of Puget Drive; thence S. 16°20 ' 40" East along said easterly margin 1047. 42 feet to the true point of beginning; thence N. 68°39 ' 20" E. 115. 89 feet to the Westerly margin of Benson Road as said margin was es- tablished by Judgment & Decree of Appropriation filed under Superior Court of Washington case No. 668210; thence S. 21°19 '15" E. along said Westerly margin 316.03 feet; thence S. 17°51'28" W. along the right of way intersection of Benson Road and Puget Drive 17. 13 • feet to a point on the Easterly line of said Puget Drive, said point being on a 304. 26 foot radius curve concave to the N. E. , a radial at said point bearing N. 17°51' 28"E ; thence Northerly along said Easterly margin an arc distance of 296. 30 feet to a point of tangency; thence N.16°20 ' 40"W. along said Easterly margin 67. 26 ft. to the true point of beginning. WHEREAS the owner of said described property desires to im- pose the following restrictive covenants running with the land as to use, present and future , thereof; NOW, THEREFORE, the aforesaid owner hereby establishes , grants , and imposes restrictions and covenants running with said land as to the use thereof by the undersigned, its successors , heirs , and assigns , as follows: .. "' I. LAND USE Uses and changes therein shall be subject to review and approval , by the Planning Commission or other appropriate examining body of the City of Renton as provided for by the ordinances thereof as now existing or hereafter amended. II. DEVELOPMENT PLANS Development or redevelopment of said land shall be in -accordance with the plans approved by said Planning Commission as well as CLINTON, MOATS, ANDERSEN & FLECK THIRD&LENORA BUILDING SEATTLE. WASHINGTON 98121 MAIN 4-6831 it -1- ' joining said land who are adversely affected by said violation of breach. . RENTON PROPERTIES, a joint venture ames H. White ames M. Rendahl • STATE OF WASHINGTON ) ss COUNTY OF KING ) On this dayof June, 1972, before me personallyappeared �•, .•:,k:,' /� the individuals above signed, who executed the within and foregoing in strument and acknowledged it to be their free and voluntary act for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal on said day and year. NOTARY PUBLIC in and for the State of Washington residing c. I,. at Seattle. ' to CLINTON, MOATS, ANDERSEN 8e FLECK THIRD 81 LENORA BUILDING ' SEATTLE, WASHINGTON 98121 MAIN 4-6831 -3- S BOARD OF PUBLIC WORKS • RENTON, WASHINGTON lii� 1 m��I o MUNICIPAL BUILDING . • 200 MILL AVENUE SOUTH • RENTON, WASHINGTON 98055 • BA 8-3310 4, o a tisAORT CAPITA\-°E May 26 , 1972 Members of the Planning Commission Renton, Washington GENERAL SECURITIES, INC. , REQUEST FOR REZONE FROM R-3 TO B-1; PROPERTY LOCATED ON NORTHWEST CORNER OF SOUTH PUGET DRIVE AND BENSON ROAD SOUTH As requested by the Planning Commission, the Board of Public Works reviewed the proposed access plan for development of property located on the northwest corner of South Puget Drive and Benson Road South, south of the Maxwell property. The Board recommends that the basic plan as proposed be accepted. However, it is recommended that the south driveway on Benson be revised to allow access for the southbound traffic movement only. If we can be of any further assistance to you, please let us know. gg7iENNETT ublic Works Administrator cah -� cc: Planning Director t r``\` Director of Engineering (;\- I \f • \ ;y G i r L f/ • RENTON PLANNING COMMISSION ' . PUBLIC HEARING MEETING ' MAY 24, 1972 • MINUTES COMMISSION MEMBERS PRESENT : James E. . Denzer, Don Humble, Anthone ; ,, Mola, Arthur D. Scholes, Norman L. Ross, Patricia Seymour, Clark Teegarden COMMISSION MEMBERS ABSENT : Gary-Moritz, Carla Yankeh CITY STAFF PRESENT : Gordon Y. Ericksen, Planning Director;. Harriet Hilder, Recording Secretary • ' r .The May 1972' public hearing meeting of the Rentoi Planning Commis- ;';. `'' sion was called to order by Chairman Teegarden at 8 : 05 p.m. ' 1 ROLL CALL was taken by Secretary Mola. All Commission members responded present except Moritz and Yankeh, both of whom had previously advised they would be unable to attend. • ACTION. : . MOVED BY,. ROSS, SECONDED BY DENZER, THAT THE ABSENT COMMISSIONERS BE EXCUSED. MOTION CARRIED. :'r,` is - .. • 2 . : APPROVAL OF MINUTES With reference to the minutes of the meeting of May 10 , 1972, Scholes requested that his comments in the first paragraph of ; ,}; , ' page 6 be amended to show that he opposed the granting of the General Securities rezone for the following reasons: l•: -"' '=.i. 1. There was not a reversionary clause in.. the rezone which he felt necessary to protect adjacent. property °i' owners in the event proposed construction was not completed. It was also felt the clause should be included because the rezone might be considered spot zoning 2.. There was not adequate consideration, in his opinion, '•,':;a, of a buffer zone to protect adjacent northerly owner. 3 Proposed use, in his opinion, was not the highest "" and best use in a commercial zone. As there were no other additions or corrections to the minutes of the meeting of May 10, 1972, the Chairman declared them approved as corrected by Scholes . 3..•• .CONTINUED '.PUBLIC. HEARING ITEM ,; REZONE APPLICATION (a) HOLMES, JAY E. , Appl. No. . R-682-71; rezone from R-3 to B-1; property located east side of Jefferson Ave. NE, north of . Sunset View Apartments The Chairman described the application, noting that the matter had 'been continued from the meeting of April 26 and referred •" to the Commission Zoning Committee for review and recommenda- tion. i r Y --�;, . 0 C,) vy 0F'Ie'I('m OF"PII14; CITY" ATTORNEY ® RENTON,WASHINGTON .56 POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 o 11,4 (p GERARD M. SI$ELLAN, CITY ATTORNEY 0 Q� JOPIN tR. PAIN, JFR., ASSISTANT CITY ATTORNEY �4rebSEP�E4�� May 23 , 1972 ..._ Sr A Mr. Gordon Ericksen Planning Director "'' ,fir,,, City Hall Renton Washington Re : Proposed Restrictive Covenants - General Securities , Inc ., Dear Gordon: This is to acknowledge receipt of your letter dated May 19, 1972 together with the proposed "Declaration of Restrictive Covenants" . You invited our comments and they would be as follows : a. Re : "Land Use" - We would suggest that the following words be added at the end -of said subparagraph "as provided' for by the ordinancesof the City of Renton as now existing or as same may be hereafter amended" . 1. In all fairness we would suggest that this type of restriction may be unreasonable if the intent thereof is to allow the Planning Commission or any other body of the City to approve or disapprove any change of use hereafter . This may betnduly restrictive since the prime determination by the Planning Commission ' should be whether this given piece of property, or any other parcel of property is suitable for "business use" as the highest and best use in this given area and in compliancew,ith the City' s ' Comprehensive Plan. Once rezoned to business use, a property owner should be allowed to utilize it for any purpose ' permitted by our ordinances and subject thereto . Otherwise, a property owner would never know whether he would be permitted' to have a business on said premises which is authorized by our code, without in each case again requesting the Planning Commission ; .. for permission. This appears contrary to normal, nondiscriminatory zoning procedures . b. Re: "Development Plans" - We are wondering whether the plans involved should also be' approved by the Building and Engineering Departments in addition to the Planning Commission since these two departments undoubtedly also have jurisdiction over building and- construction generally. ' • c. Re : Paragraph IV - (Landscaping and Bonding) : In each • of these instances , it may be advisable to allow a cash bond to ', be posted instead of a regular, performance bond. You should also inquire, before any such duty is imposed on a property owner; , whether it is possible to secure a performance bond of this type from the insurance companies in this area that usually write such type of bonds . Our own experience has been that such companies are usually reluctant to provide such bond because the landscaping requirements are sometimes vague, indefinite, and difficult to enforce . It would therefore be advisable to spell them out very succinctly so as to minimize any subjective interpretation later on. d. 'Re: Paragraph V - (Time Period) : We would suggest that a date be inserted regarding the proposed • rezoning to be one which may be 90 to 180 days from date or any other period you deem suitable . • f. The last paragraph of the Covenants could possibly ' be worded so that after the word "King County" the following be added " or any other::court or tribunal having jurisdiction therefver" . The words "or violation" should be added at the • . end of said subparagraph after the word "breach" . We would also consider it a good idea . if such proposed restrictive covenants be first examined' and commented upon by the City Departments prior to their being released to others for their comments . This for the reason that it may be more difficult to agree on changes especially in a case where there has been some tentative agreement . between your department and the petitioner as apparently was done • in this case . • If. we can beof any further assistance to you in this matter, please . advise. We remain /) Very truly yours , • Geer d M. Shell n � f GMS:bjm Li . BOARD OF PUBLI C W :S PAGE 2 MAY 23, 1972 4 . REFERRALS FROM CITY COUNCIL A. MAY 8 REQUEST BY SHAUGHNESSY & COMPANY, INC . , TO CONNECT RESIDENCE TO RENTON SEWER LINE, 13026 80TH AVENUE SOUTH, KING COUNTY--. Council Referral of 5/15/72 The Board reviewed Frank H. Shaughnessy ' s May 8 letter requesting that consideration be given to extending sewer service to a residence at 13026 80th Avenue South from a City of Renton sewer line approximately one block south of this location. (The City ' s line was originally extended into this area to provide service to Earlington Elementary School. ) Mr. Wilson had reviewed the request prior to the meeting. As a result of his review, he reported that it would be feasible to extend the sewer line northerly to serve the residence. After some discussion, it was moved by ZED BENNETT, seconded by JACK WILSON, that the Board of Public Works transmit a report to the City Council indicating that extension of the City 's sewer line to serve 13026 80th Avenue South would be a feasible extension since there are adequate facilities to provide this service, although the question of whether to serve an area outside the city limits of Renton would be a policy determination to be made by the City Council. MOTION CARRIED. B. REFERRALS FROM MAY 22 COUNCIL MEETING 1) CLOSURE OF PIPELINE RIGHT-OF-WAY 2) EXCESSIVE SPEED OF VEHICLES ON RENTON HILL 3) NUMBER AND SPEED OF TRAINS AT FOOT OF RENTON HILL The Board requested that Traffic Engineering provide background information (traffic counts, etc. ) for consideration of these items at the May 30 meeting of the Board of Public Works . 5. REFERRALS FROM DEPARTMENTS GENERAL SECURITIES, INC . , REQUEST FOR REZONE FROM R-3 TO B-l; PROPERTY LOCATED ON NORTHWEST CORNER OF SOUTH PUGET DRIVE AND BENSON ROAD SOUTH The Planning Commission, as part of its investigation of the above- referenced rezone application, requested review by the Board of Public Works. of the access from the Benson Highway. This request was made primarily because Doctor Maxwell, whose property is located to the north, was denied access to Benson at the time of his special permit application due to a recommendation by the Board of Public Works . The Board members reviewed the site development plan and proposed access , and Mr. Ericksen provided additional background information. The site is planned to be developed by Mobile Oil Corporation for a gas station facility. The proposed access would provide ingress on 1 the north ramp and egress on the south from Benson. Mr. Wilson reported that the Traffic Engineer reviewed the plan and feels it would be a workable scheme. However, it was Mr. Wilson ' s recommendation that access from Benson be allowed for the southbound movement only. In addition, it was suggested that the south driveway should accordingly be oriented more toward southbound traffic. The Board agreed that because of elevation and access to the property, there is no comparison between the two adjacent parcels and the Maxwell denial of access from Benson was a valid decision. Following discussion, it was moved by JACK WILSON, seconded by BARNEY RUPPERT, that the Board of Public Works recommend to the -2- 1 r' BOARD OF PUBLIC WORKS PAGE 3 MAY 23, 1972 Planning Commission that the access be basically as presented in the plan, with the possible revision of the south driveway on Benson to allow access for southbound traffic only. MOTION CARRIED. 6. ITEMS UNDER STUDY A. STOP SIGN ON EAGLE RIDGE DRIVE AND SPEED LIMIT ON PUGET DRIVE--Council Referral of 4/24/72 Mr. Wilson indicated that a written report will be presented on May 30 . B. BOARD OF PUBLIC WORKS RULES AND BYLAWS The Chairman submitted a copy of the policies adopted by the City of Seattle Board of Public Works and indicated that he would review the pertinent areas and forward copies to the Board members . In reviewing a draft of an ordinance establishing Renton' s Board of Public Works, it was agreed that reference to specific ordinances should be eliminated wherever possible. In addition, the Board felt that any new ordinance should include reference to public works contract review, opening of bids , and Capital Improvement Program. 7 . ANNOUNCEMENTS A. SURFACE MINING HEARING--Thursday, May 25, 7: 30 p. m. , Council Chambers Mr . Ericksen requested that a representative from the Engineering Department attend the hearing. B. DEMOLITION OF BURDULIS BUILDING, 239 WELLS AVENUE SOUTH Mr. Ruppert reported that the Burdulis building has been razed; and following final clean-up, a release of complaint will be issued. 8 . ADJOURNMENT As there was no further business to come before the Board, it was moved by BARNEY RUPPERT, seconded by JACK WILSON, that the meeting be adjourned. MOTION CARRIED. Time: ZZ : 30 a. m. DEL BENNETT, Chairman -3- TO: Board of Public Works DATE:. May 12, 1972 FROM: Gordon Y. Ericksen, Planning Director SUBJECT: General Securities Inc. , Request for Rezone from. R-3 to B-1; property located on northwest 'corner of S. Puget Drive and Benson Road S. The Planning Commission upon its review of the above noted rezone application requested review by the Board of Public Works of the matter of access from the Benson Highway. This request by the Planning Commission is based on the fact that Dr. Maxwell, whose property is located .to. the north, was denied access to Benson at the time of his special permit application due to a recommendation of the Board of Public Works (note copy of memo attached) . Attached is a copy of the site :.development plan and access. • Renton Planning Commission. Meeting May 10, 1972 Minutes - Page 3' ACTION: MOVED BY DENZER, SECONDED BY MOLA, THAT THE PLANNING COMMISSION APPROVE THE SITE PLAN APPLICATION OF GEO. J. MORTENSON SUBJECT TO THE FILING OF RESTRICTIVE COVENANTS GUARANTEEING PARKING AS WELL AS FURNISHING OF PERFORMANCE BOND INSURING INSTALLATION OF LANDSCAPING AND MAINTENANCE FOR A THREE-YEAR PERIOD. MOTION CARRIED. REZONE APPLICATION * (b) GENERAL SECURITIES INC. , Appl. No. R-693-72; rezone from R-3 to B-1; property, located on northwest corner of Benson Road S. and S. Puget Drive The Chairman opened the public hearing on this item, noting it had been continued from the meeting of April 26 . A study session was held on Wednesday, May 3, attended by Planning Commissioners as well as interested, parties both for and against the rezone. The Planning Director was asked to summarize dis- cussion held at the study session and advise of any new infor- mation that may have developed during the past week. The Planning Director reviewed discussion at the study session and advised that subsequent meetings were held with Dr. Thomas Maxwell, adjacent property owner, and with representatives of Mobil. Oil Corporation. The revised grading and landscape plans were displayed. The applicant desires to retain the northern- most access on 'Benson Road as he feels it to be essential to operation of the proposed facility. The applicant proposes to' fill the property so that the sidewalk on Benson will be at the same grade as the centerline of Benson. In relation- ship to the parking lot of the medical clinic abutting, it was noted subject site will vary in grade from eight to six- teen feet above the level of said parking lot. In order to permit the filling as proposed, a rockery will be installed along the northerly property line approximately four feet high with a landscaped area behind the rockery of approximately twenty feet. The landscape plan has been revised to include recommendations of the Planning Department' s landscape architect. With reference to the two driveways proposed from Benson to ' subject site, if approved it is recommended that the northern- most driveway be used for ingress only; the- southerly driveway for egress only--each access to accommodate southbound traffic only,. Installation of "C" curbing may be necessary to eliminate left turns on Benson from the proposed service station into the northbound traffic lanes. The Planning Director displayed a plan and photograph submitted by the applicant depicting the type of sign to be installed. The location of the sign is shown in the center of the southern- most island. In the interests of traffic safety and esthetics,, the location of the sign should be revised to the northerly ' edge of the' landscaped island. In addition, the black and white wrap-around reader board sign located midway on the sign pole indicating current gasoline prices should be eliminated. Lyman Houk of the Engineering Department' discussed the revised grading plan and matters of drainage away from properties and onto public streets, location of catch basins, determination of sidewalk grade. Some adjustments may be required during construction, but these are on-site problems handled at the time of submission of building and 'development plans . 1 . Renton Planning Commission Meeting May 10, 1972 Minutes - Page 4 Humble inquired as to whether a letter had been received from the Board of Public Works concerning its opinion of the proposed Benson accesses. The Planning Director replied that the Board Chairman as well as the Engineering Director are out of town and there has been no Board meeting due to their absence. The next meeting of the Board will be on May 16; therefore, the staff was unable to get the recommendation requested. Humble suggested that the Board' s letter regarding this matter be directed to the City Council so that it may be reviewed by Council with its consideration of the Planning Commission action • on subject application. Scholes inquired regarding traffic counts, both present and projected. The Planning Director reviewed general growth patterns and traffic flow, including projections for the area. The Planning Director stated that at the request of the Planning Commission, a preliminary draft of a declaration of restrictive covenants was prepared. Copies of this draft have been furnished Mr. Gordon Clinton, attorney representing the applicant, and all Commission members. The covenants provide that all uses and changes in land use shall be subject to review and approval of the Planning Commission; development shall be in accord with plans approved by the Planning. Commission relative to at least the following items: buildings or other structures, height of structures, filling and grading, landscaping, and access; the location of buildings and structures shall be no closer than twenty feet to any property line; provision for the furnishing of a performance bond equal to a minimum of 150% of the cost of both installation of approved landscaping and maintenance thereof for a three-year period; and providing that the covenants shall run with the land and expire on December 1, 2020 . The, Chairman noted that a letter from Mr. Roger Lewis , attorney representing the adjacent property owner Dr. Thomas Maxwell, had been sent to all Commission members with copies to the Planning Director and Mr. Gordon Clinton. In this letter, Mr. Lewis specifically requested that there be included in the Commission' s recommendation to the City Council a require- ment that the B-1 zone be limited to the use and design specified in the plans submitted and that any change in use be subject to review and approval of the Commission. Dr. Max- ) well strongly objects to the northernmost proposed access on Benson Highway but has no objection to the southernmost access on Benson or the two proposed on Puget Drive. The Chairman • noted that most of Mr. Lewis' points were covered in the draft of covenants reviewed. Ross noted that previously access from Benson had been denied both Dr. Maxwell and the firm of Johnston-Campanella. The Planning Director noted that with relationship to ingress and egress, it is always desirable to minimize the number of drive- ways on highly traveled facilities. The previous concern regarding the proposed Johnston-Campanella development was due to the difference in grade between the property and the road. In subject item under discussion, the applicant will fill the property, which means that the grade situation has changed. Also, the proposed development is for a service station; the Johnston-Campanella development concerned an office building with required parking stalls. The existing difference in grade made access from Benson at the point now proposed questionable; thusly, the Board of Public Works felt at that time that access should .be denied. Renton Planning Commission Meeting May 10, 1972 Minutes - Page 5 Comments from the applicant were invited. Mr. Gordon Clinton, representing the applicant, stated he had reviewed the draft of covenants and felt there was no problem with the conditions proposed. He did suggest, however, that a paragraph be inserted to the effect that the restrictive covenants would be - null and void if subject property were not zoned by the City of Renton to the B-1 District. Other than this suggestion, Mr. Clinton stated that his client had no objections to the covenants as prepared. • 1 Comments were invited from Mr. Roger Lewis , representing Dr. Maxwell. Mr. Lewis stated that noise and esthetics are the primary concern and suggested the covenants state that the landscaping buffer should be maintained in original or reasonable equivalent condition as shown on the approved 1 landscape plan for the life of the covenants. After discussion with his client, Mr. Clinton stated they could live with such requirement. The Chairman stated that the Commission tried to provide a buffer between the properties and feels that such buffer should be provided for the reasonable life of the two busi- nesses. As the applicant has indicated agreement to such 1 requirement, the covenants will be rewritten to provide that landscaping along the northerly portion of subject property f shall be maintained for the life of the covenants. Further comments were invited. Mr. Clinton thanked the Commis- sion for its ample and exhaustive efforts in this matter. t Dr. Thomas Maxwell stated he felt the Planning Commission had exceeded itself in studying the entire problem and affording both parties involved every possible consideration. There were further comments regarding minor revisions to the access design on Benson and sign relocation to be handled at 1 the staff level. Whereupon, it was MOVED BY MOLA, SECONDED BY DENZER, THAT THE HEARING BE CLOSED. MOTION CARRIED. ACTION: MOVED BY MOLA , SECONDED BY DENZER, THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL APPROVAL OF `THE GENERAL SECURITIES APPLICATION FOR REZONE FROM R-3 TO B-1 WITH RESTRICTIVE COVENANTS AS REVISED IN THE HEARING DISCUSSION AND SUBJECT TO SIGN RELOCA- TION, LANDSCAPE REVISION AND ACCESS LIMITATION ON BENSON ROAD AS FOLLOWS: NORTHERNMOST ACCESS, INGRESS ONLY; SOUTHERNMOST ACCESS, EGRESS ONLY. THE REZONE REQUEST IS IN AGREEMENT WITH THE COMPREHENSIVE LAND USE PLAN. Discussion on the motion ensued. Seymour stated that voting 1 on the motion involves a difficult decision in light of what will happen, and that the Planning Commission should do the best it can working within the framework of its jurisdiction. { Seymour further stated she would vote against the motion for 1 the following reasons: incompatibility of the use proposed with surrounding area; proposed facility is not necessary due to four other service stations located nearby within one mile; feels personal responsibility as a Commissioner to vote for the highest and best use and for good planning in view of Renton's continuing growth. Seymour also stated she feels present application constitutes spot zoning; that people in downtown Renton found themselves living in areas encroached ! upon by commercial uses and she feels the same situation may occur in this area; that the proposed rezone is inconsistent with good planning and is irresponsible. / Renton Planning Commission Meeting May 10, 1972. Minutes - Page 6 • Scholes stated he had mentioned during work session that a clause be included in the restrictive covenants reverting the zoning to R-3 should the proposed development not occur. He noted further that other Commissioners and the Planning Director felt that reversionary clauses were unworkable. Scholes stated that since no reversionary clause was written into the covenants he would vote against the rezone since considerable time was spent. in working out the best possible plan for protection of adjacent property owner. If the land is zoned B-1 and the service station proposed with approved plan and landscaping not constructed, there would be no protection for adjoining property owner and his land values. Reference was made to the Transamerica property across the street and the restrictive covenants filed with that property. On the motion, roll call vote was requested and taken with the following result: • Denzer - aye Humble - aye Mola - aye Moritz - aye Ross - aye Scholes - no Seymour - no MOTION CARRIED. The meeting was recessed at 10 :15 p.m. and reconvened at 10 : 30 p.m. Roll call was taken; all Commissioners previously listed responding present. 4. NEW PUBLIC HEARING ITEMS FOR PLANNING COMMISSION CONSIDERATION AT MEETING OF MAY 24, 1972 : REZONE APPLICATION - (a) COLLMAN, EILEEN, Appl. No. 'R-695-72; rezone from R-2 to B-1; property located north of City Center Motel, fronting on S. 2nd Street The Planning Director described the rezone application and pointed out property, location. Subject property is presently the site of a mobile home park. Safeway Stores is acquiring the property for the construction of a new supermarket. The rezone request is in agreement with the Comprehensive Land Use Plan. Discussion ensued concerning subject item with reference to the Seattle Pipeline Right-of-Way adjacent to the north. Lyman Houk noted adjacent owners have leases with the City of Seattle for parking on the pipeline right-of-way. Copies of the leases will be acquired for Planning Commission information.. Scholes inquired as to whether any part of S. 2nd Street is on the Seattle waterline property. Houk advised he would check into this matter. 5 . ADMINISTRATIVE CITY COUNCIL REFERRAL (a) Open Space Land Classification Application, Broadacres Inc. for property known as Longacres Race Track, located east of 4 • Roger 1. Lewis • ATTORNEY AT LAW P.O. BOX 273 O F. \� ' ,100 SOUTH SECOND STREET BUILDING /�� �\ RENTON, WASHINGTON 98055 RFGIL1I/Ff/J TELEPHONE BA 6-4660 0 May 8 , 1972 I MAY 1972 Z.,i Mr. Clark Teegarden , Chairman \ LG DEPPARiA Mr. Norman Ross , Vice Chairman Mr. Anthone Mola, Secretary Mr. James E . Denzer Mr . Don Humble Mr. Gary Moritz Mr. Arthur Scholes Mrs . Patricia Seymour Mrs . Carla "Yanke;i Re : Application of General Securities , Inc . for re-zone to B-1 for property located on N .W. corner of intersection of Benson Road South and Puget Drive South Gentlemen: This letter is written in anticipation of the continuation of the public hearing on General Securities , Inc . application • for re-zone slated for May 10 , 1972 . I am advised by Dr . Maxwell that he has been in contact with the planning staff and that some of the details of landscaping and set-back to be recommended by staff have been covered with Dr. Maxwell and generally appear to be acceptable to him. It is our . understanding that any formal recommendation to the council will, of course , be based upon a final form of acceptable plans including grading , building and landscape plans . The subjects for proposed covenants furnished to the Planning Commission by Attorney Clinton prior to the study session on May 3 are generally acceptable in form; and it is understood that final text of the covenants would be prepared by the staff and by the city attorney; and we would appreciate the opportunity to review and comment on the final form. On Dr . Maxwell 's behalf, I specifically request that there be included in the Commission 's recommendations to the City Council a requirement that the B-1 zone be limited to the use and design specified in the plans and that there be a requirement that any change of use be conditioned upon the matter going back to the Planning Commission for approval of the change in use . Dr. Maxwell 's primary concern is that the covenants contain a record , in a manner that will be clear and distinguishable at any 1?i>`d e r I. L t'.w i.5 ATTORNEY AT LAW P.O. BOX 273 . 100 SOUTH SECOND STREET BUILDING • RENTON, WASHINOTON 98055 TELEPHONE BA 6-4660 Planning Commission • page two . 5/8/72 • • time in the future, reflecting that the change in comprehensive plan was effected by the council because the property in question, because of 'its peculiar location and make-up could not be developed within the uses 'anticipated by .high density residential designation and that 'the council found , specifically, that a gasoline service station of the self-service type was a desirable . , use which could be made compatible with surrounding uses . There has been no indication in the findings c.i the Planning Commission or in the deliberations of the City Council indicating that either body would have approved any of the heavier or more intense uses that are. allowed generally under B-1 zoning; and Dr . Maxwell urges that as 'a matter of fairness and reasonable accommodation of his investment and his reliance on the original comprehensive plan, there must be preserved in the record of this re-zone the obvious reliance of commission and council on the representations of the present land owner that actual use would be the relatively innocuous one of a self-service station; and that there be preserved for the future the requirement that any change of use within B-1 zoning go back to the Planning Commission ; and it should be clear to any future commission that -Ma.xwell 's situation must be considered with reference to noise and esthetics and that those considerations must be a part of the limitations on any future .use which is otherwise acceptable under B-i zoning. Dr. Maxwell has made specific points to the Planning; Commission staff with reference to the noz'thermost- proposed access on Benson Highway. This letter is by way of formal. request that that particular access be denied . Dr . Maxwel l has no objection to the other access from Benson Highway or the two proposed access routes to Puget Drive . We have not attempted in this letter to specify the exact text of recommendation to the council or of restrictive covenants to encumber this property . We feel rather 'that it would be proper to have the commission resolve ,,Ih ?ther the requested limitations would be approved in principal . If they are, then I would be delighted to furnish requested form and text for review the same as drafted by the staff and the city attorney . . We plan to be present at the continuation of public hearing on May 10 . Very ??,Lvours cc : t7 1'O ,,'. 71,, inEs'?IS Gordon Erickson cc : Gordon Clinton • cc : Dr . Maxwell I . • May ,, 1972 TO: Files FROM: Dick Hansen and Joan Lankford SUBJECT: General Securities Rezone 10 :00 a.m. meeting with Dr. and Mrs. Maxwell At this mornings meeting Dr. and Mrs. Maxwell made the following recruests : . 1 . Elimination of the Northeast driveway. 2 . Extension of the North buffer area between the station and the clinic from 20' to 40 ' with dense landscaping including portugese laurel and cedrus deodoa. 3. Sign to, be non rotating with limited illumi- nation and height. 4 . Retaining wall adjacent the Maxwell ' s property to be exposed aggregate finish- and set back 1' from property line with a river cobble filled trench to allow for drainage. 5. Proper filling, compacting and trenching within the northern buffer area to prevent water runoff and soil erosion onto Dr. Maxwell 's property. Dr. Maxwell was quite adamant about the elimination of the Northeast driveway since his audio room, where hearing tests are given, is immediately adjacent to the proposal driveway. That driveway along with ,the Northwest driveway could become a shortcut route. between Benson Road and Puget Drive. He was also concerned about the possiblity, of .cars .jumping the north curb and rolling down the hill onto his property. We'. told him that we would request a one foot curb or other means of preventing such accidents. MEMORANDUM TO: Files DATE : May 4 , 1972 FROM: Dick Hansen and Joan Lankford SUBJECT: General Securities Rezone Meeting with C. H. Wuesthoff, H. B. Zalewski and F. Baker of Mobil Oil Corp. We met with these gentlemen and asked them for the following plans : 1. Grading plan. 2 . Landscape plan. 3. Elevations of all structures, including signs. 4. Sanitary and storm sewer connections. 5. Automatic sprinkler layout. These plans are to incorporate the following changes : 1. Elimination of northeast driveway. 2. Extension of north buffer area to approximately 40 ° . 3 . Four-foot retaining wall to be moved one foot south and french drain using river cobbles to be provided. 4 . Elimination of proposed fence. 5 . Screening of refuse area. 6 . One-foot high curb to be provided north of the station to prevent cars from jumping the curb. 7. Extension of interior plant beds to the driveways . 8. Landscaping of all boulevard strips . 9 . Relocation of sign and indication of illumination methods and levels proposed. 10 . Provision for pedestrian access at the corner. 11. Landscape plan to indicate plant location, spacing, size , botanical names , staking details and irrigation plan. Mr. Wuesthoff said that the plans would be in this office by the afternoon of Monday, May 8 , so that we could review them with other concerned departments prior to the Planning Commission meeting on Wednesday, May 10 , since he was anxious to get this matter to the City Council and out of the hands of the Planning Commission. NOTICE OF PUBLIC NEARING RENTON PLANNING COMMISSION RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON ON April 26 , 1972 , AT 8 : 00 P . M. TO CONSIDER THE FOLLOWING PETITIONS : REZONE FROM R-3 TO B-1; property located east side of Jefferson Ave.NE , north of Sunset View Apts. (legal description on file in Planning Dept. office) . REZONE FROM G-9600 TO P-l; property located north of Valley General Hospital between freeway and Talbot Rd. S. (legal description on file in Planning Dept. office) . Okev1ES-al ec`A--- Tl REZONE FROM R-3 TO B-1; property located on northwest corner of Benson Rd. S . and S. Puget Dr. (legal description on file in Planning Dept. office) . REZONE FROM G TO R-2; property located west side of Talbot Rd. S . approximately 650 feet south of S. 43rd St. (legal description on file in Planning Dept. office) . SITE PLAN APPROVAL FOR WAREHOUSE IN M-P ZONE; property located on Lind Ave. SW between SW Grady Way and SW 7th St. , Earlington Industrial Park. • ALL PERSONS INTERESTED OR OBJECTING TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PLANNING COMMISSION MEETING ON April 26 , 1972 AT 8 : 00 P .M . TO VOICE THEIR PROTESTS OR OBJECTIONS TO SAME . ANTHONE R. MOLA , SECRETARY PUBLISHED April 12 , 1972 RENTON PLANNING COMMISSION CERTIFICATION I , Richard B. Hansen , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS .PL . CES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW . ATTEST : Subscribed and sworn SIGN //,; L�-� to before me, a Notary Public , on the 14 day of April 1 97 2 --- ti CA_ (Tv . �- ,� _�__� "-: Renton Planning Commission Meeting April 26 , 1972 Minutes - Page 4 (c) GENERAL SECURITIES INC. , Appl. No. R-693-72; rezone from R-3 to B-1; property located on northwest corner of Benson Road S. and S. Puget Drive The Chairman described the application and noted this property was recently before the Planning Commission with reference to request for change in the land use plan. The Assistant Planning Director pointed out property location, displayed site plan, proposed development plan and landscaping plan submitted by the applicant. There is approximately 32 , 000 square feet in the site; proposed use is for a service station. The Comprehensive Land Use Plan indicates commercial use for the site . Slides were shown. Commission comments were invited. Scholes asked if an analysis from the Traffic Engineering Department regarding access and egress to this property was available. The Assistant Planning Director stated that such an analysis was not available at this time. Ross asked if the applicant had submitted restrictive covenants tying the proposed service station development plan to the property should the rezone be granted , or would the applicant be allowed to construct anything allowable in the B-1 zone re- gardless of the plan submitted. The Assistant Planning Director stated the applicant has submitted no covenants up to this time, noting that the applicant' s representative had previously indicated willingness to do so. Seymour asked about estimated future traffic counts with reference to the relocation of SR-515 . The Assistant Planning Director replied that the relocation of Benson Road (SR-515) may result in a decrease of traffic on Benson; however, traffic volume on Puget Drive should maintain its present level. Seymour noted presence of other gas stations in close proximity to subject site and possibility of failure of proposed gas station resulting in abandoned, unmaintained eyesore. Particu- lar concern was expressed by Seymour regarding compatibility of proposed use with existing medical complex adjacent to the north and residential uses surrounding. It was noted by Scholes that restrictive covenants had been imposed on business zoned property across the street from sub- ject site requiring Planning Commission approval of any devel- opment. Audience comments were invited. Mr. Gordon Clinton, attorney representing the applicant, spoke on behalf of the application for rezone. Mr. Clinton noted willingness on part of the appli- cant to comply with whatever development controls the Planning Commission determines desirable in terms of landscaping and site plans in order to achieve an attractive development. Mr. C. H. Wuesthoff , Real Estate Representative for Mobil Oil Corporation, stated the proposed service station would be a self-service type. With reference to access and egress , he noted that left turns from Puget or Benson into the proposed service station could be controlled by the city' s Traffic Engineering Department should they prove to be a problem. He further noted that Mobil Oil Company intends to fill the property to a level which would be 15 to 18 feet above the level of the clinic parking lot in order to provide access from Benson. Renton Planning Commission Meeting April 26 , 1972 Minutes - Page 5 4 Mr. Roger Lewis , attorney representing Dr. Thomas Maxwell , property owner immediately adjacent to subject site, stated that the doctor would have to live with the proposed develop- ment but was most concerned about the landscaping buffer to protect his building from detrimental effects generated by the service station operation. The Planning Director joined the meeting at this time, having completed his other meeting on the Northeast Renton Annexation. Upon query by Scholes, Dr. Maxwell stated he was not so much concerned with the noise factor generated by the service sta- tion, particularly in view of the proposed self-service type, as with the esthetic considerations . Dr. Maxwell stated further that had he known the city would grant commercial use on subject site he probably would not have developed his clinic in its present location. The landscaping plan presented by the applicant was reviewed in detail . It was noted that the plan called for a twenty- foot planted area on the northerly boundary of the property with trees to be installed from eight to ten feet in height. Other trees and landscaping around the perimeter of the site were also called out on the plan. Considerable discussion ensued among Commission members and the gentlemen representing the applicant concerning the pro- posed development, traffic circulation pattern, landscaping, development controls, property maintenance, and related items , and it was the consensus of the Commission that further study was necessary to insure protection of surrounding properties . It was MOVED BY ROSS , SECONDED BY SCHOLES , THAT THE GENERAL SECURITIES REZONE HEARING BE CONTINUED TO THE MEETING OF MAY 10 , 1972; THAT THE MATTER BE REFERRED TO THE COMMITTEE OF THE WHOLE FOR FURTHER STUDY; AND THAT THE APPLICANT AND ALL INTERESTED PARTIES BE INVITED TO PARTICIPATE IN THE STUDY SESSION TO BE HELD BY THE COMMITTEE OF THE WHOLE. On the question roll call vote was requested and taken with the following result: Denzer - no Humble - no Mola - yes Ross - yes Scholes - yes Seymour - yes Yankeh - yes MOTION CARRIED. The Chairman announced that the study session regarding the General Securities matter would be held on Wednesday, May 3 , 1972 , at 7 : 30 p.m. (d) MARGULLIS, LEON, Appl. No. R-694-72 ; rezone from G to R-2; property located west side of Talbot Road S. , approxi- mately 650 feet south of S. 43rd Street The Chairman described the application. The Assistant Planning Director pointed out property location and described surround- ing uses , noting the request is in agreement with the Compre- hensive Land Use Plan. Slides of the property were shown, together with blow-ups of the plot plan and vicinity map of the site. Renton Planning Commission Meeting April 12 , 1972 Minutes - Page 2 (b) UNBEDACHT, IVAN, Appl. No. R-692-72; rezone from G-9600 to P-1; property located north of Valley General Hospital between freeway and Talbot Rd. S. The Planning Director noted that at the time of rezone of the hospital property, the south 85 feet of subject property had inadvertently been rezoned to P-1 due to an error in the legal description furnished by the Hospital District. The applicant is requesting P-1 zoning for his entire property, the intent being to convert the existing residence to medical offices. The parcel encompasses over 7h acres . The Planning Commission is requested to review the Comprehensive Land Use Plan designa- tion in this area to determine whether the application for rezone is valid or if the applicant should initially request a change to the land use plan. (c) GENERAL SECURITIES INC. , Appl. No. R-693-72; rezone from R-3 to B-1; property located on northwest corner of Benson Road S. and S. Puget Drive The Chairman noted this property was recently before the Planning Commission as a request for change to the Comprehen- sive Land Use Plan designation from high density multi-family residential to commercial. After study and public hearing, the Planning Commission voted unanimously to deny the request. The Planning Commission decision was appealed to the City Council. Following its public hearing, the City Council over- turned the Planning Commission decision and granted the land use plan change as requested. Present application for business zoning is to permit construction of a service station on the d property. (d) MARGULLIS, LEON, Aptpl. No. R-694-72; rezone from G to R-2; property located west side of Talbot Road S. , approximately 650 feet south of S. 43rd Street The Planning Director noted this parcel, , in conjunction with two parcels located immediately to the north, came before the Planning Commission in May of 1968 as a rezone application. During the course of the Planning Commission' s deliberations on the application the matter of dedication of property for additional right-of-way on Talbot Road was discussed. Two of the applicants concerned deeded the property for right-of-way as requested; present applicant withdrew his request for rezone at that time. SITE PLAN APPROVAL APPLICATION • (e) MORTENSON, GEO. J. , Appl. No. SA-691-72 ; site plan approval for warehouse in M-P zone; property located on Lind Avenue SW between SW Grady Way and SW 7th Street, Earlinton Industrial Park The Planning Director noted that the Planning Commission had considered this matter in October of 1971 and after several problems had been resolved the application was approved. It was further noted that at that time the request was for an addition to an existing building. Subsequently, problems developed and the applicant now wishes to construct a separate building on subject property. • LAW OFFICES OF CLINTON, MOATS, ANDERSEN & FLECK THIRD & LENORA BUILDING • SEATTLE, WASHINGTON 98(21 AREA CODE GORDON S.CLINTON NEWTON PAUL MOATS (1965) 206 JAMES A.ANDERSEN 624-6831 DONALD K. FLECK April 10 , 1972 RICHARD J. GLEIN KENNETH O. EIKENBERRY STANLEY R. BYRD • RUSSELL R. PEARSON Mr. Gordon Ericksen Planning Director • City of Renton Municipal Building Renton, Washington RE: Notice of Appeal Rezoning - Property located at N. W. corner intersection of Benson Road South and South Puget Drive, Renton, Washington Dear Mr. Ericksen: It is the desire of our client, General Securities , Inc. , and the undersigned, that in connection with the petition for re- zoning being heard by your Planning Commission on April 26, 1972, that prior to that time, we have an opportunity to go over in• some detail to your satisfaction, the plans and ideas for the particular use of the property that is subject to the petition for rezone. ` I will call your office during this week and hopefully arrange a conference at a suitable time and place for this purpose. Sincerely yours, C N, ANDERSEN FLACK & GLEIN Gor n S. Clinton . GSC/wp cc: General Securities , Inc. • . ) t 1 i• s • F. • • by the Building Department and Engineering Department of said City, and shall include but not be limited to the following items: Buildings or other structures; Height of structure; ' Filling and grading; Landscaping; and Access III. SETBACKS No building or structure shall be permitted or located within twenty (20) feet of any property line. " .,. IV. .' LANDSCAPING AND BONDING A performance bond in favor of said City shall be posted to assure conformity with landscape plans approved by its Plan- ning Commission. The amount of such bond shall, at the option of said City, be equal to one hundred fifty (150) percent of the cost of the installation of the approved landscaping plus . maintenance thereof for a period of three (3) years thereafter. At the option of the grantor herein, a cash bond may be substi- tuted for said performance bond in a like amount. Areas land- scaped shall be maintained in their original or reasonably equivalent condition for the life of these covenants. ' V. TIME PERIOD ' These covenants shall run with the land and expire on December 31, 2020 , but if said land is not zoned B-1 ("Commercial") on or before December 31, 1972 , said covenant shall be null and void. Any violation or breach of any of these restrictive covenants may be enforced by appropriate legal procedures in the Superior Court of King County or any other court or tribunal having jurisdiction thereover either by the City of Renton or any property owners ad- ' CLINTON, MOATS, ANDERSEN & FLECK THIRD&LENORA BUILDING SEATTLE. WASHINGTON S8121 ' ' MAIN 4-6831 -' -2- • • • -- , APPLICATION FOR CHANGE OF ZONE IN THE CITY 'OF RENTON • , •• FOR OFFICE USE sONLY .-.. 4p1 . No . KsteCk3-1.2.d Plan . Com , Action 14pogel* S-l0-/Z k ' ceipt No . 5‘1.2A Appeal Filed, F .ling Date 4-5-22s City Council Action • Hearing Date tl.2401-2 Ordinance No . & Date , • , • .A.% t•iSktAck We. COler‘avArl • APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY : • • . . . . . - 74 South Lucile Street . • • flame General Securitles , Inc. Address Seattle, Washington • 98108 6: • TOenhone No , RO 7-4411 Property petitioned for rezoning is located on northwest corner of. Benson Road IMWSIPY . and PugeT-Tfilye in Renton, Washington Total square footage in property 32 ,066 S • • ' LEGAL DESCRIPTION OF -PROPERTY That portion of the S.W. quarter of Sec. 20 , Twn 2 IT, , Range 5 E.W.M. , in King County, Washington described as follows: Commencing at the• N.W. corner of said S.W. quarter; thence .S.. . 2°06130" W. along C E.....aineLthezeilf_j9A_a4_fatt_tQ_±he_zs2uth ______lvnneofptzaetSound Power & Light Co 1.2_a_fao.t . ' . ...._rigit_e_taLqz,. .scontained in instrument recorded under Auditors file Nc 5687370: thence N. 74°32 '17" E. 297. 53 feet to a point on the Easterly marain of pligpt Drive: thence S. 16°20 ° 40" East alona said easterly marain 1047. 42 feet to the true point': of beginning; thence N. 68° 39 ' 20" E. 115. 89 feet to the Westerly margin of Benson Road as said margin was established by Judgment & Decree of Apor: priation filed under Superior Court of Washington case No. 668210; thence S . 21°19 °15" E. along said Westerly margin 316 .03 feet; thence S. 17'51 ° 28" W. alona the right of way intersection of Benson Road and Puget-Drive 17.13 . feet to a poini pn the Easterly line of said Puget Drive, said point being ,on a 304.:26 foot radiu$ __________________curveconcavetotheN.E. , aradialatsaid point bearing N. 17°51.' 28" E; thence Northerly along said Easterly margia7r7a-F -T1=57TET-EinMT.77-0-7FEe--E-E6-T-TRiTiTIE-TE tangency; thence N. 16°20 ' 40" W. along said Easterly margin 0.26 ft to the true p • Exiasting Zoning R-3 Zoning Requested - E-1 of beginninc Kl.tat are the uses you propose to develop on this property?' Retail gasoline •and petroleum service station • lumber of permanent off-street parking spaces that will be provided on property? Number required • 8 • ' - NOTE TO APPLICANT: The following' factors are considered % in reclassifiiiii-property. Evidence or additional infor- mation you desire to submit to substantiate your request -may be attached to this sheet . - (See' Application Procedure sheet Item No. 2 for specific requirements) , L. . In what way is this proposed change in zoning in the public interest? The needs of the surrounding 'community will be better served in • the retail line above indicated. % On what basis is there a real need in this community for more zoning of the Ipe you request? The commercial necessity is indicated by the B-1 zoning accorded the parcei across ,enson oaci ror a supermarket (directly east of smbject- parcel? . . _ . . What provision will you make to protect adjacent and -surrounding properties rcm the detrimental effects of any uses permitted in the proposed zone? We shall provide lands:caping and a screening fence as required by the Renton Planning Department and other authorities . • - . . • - . . . - • Renton Planning Dept . . - , • -.. 1 r 'I !� , r AFFIDAVIT Renton Properties, a joint venture I � James H. White and James M. Rendahl. being duly sworn, declare that I am ArtiaWperty involved -in this application and that ' t'he 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 'day of • - , 19 ' • 6tt6 July . 71 . Notary Public in and for the State of • Washington.,?, residing at Seattle . . R , . - -<:-‘041---'---#'77..,----,---/•--/. i'3t' Micidtiati (Name of ry Public) ignature of Owner to ��-j� L�- /W6T (Address). ..:.,• (A ress ,;;'y pax ."'x •� o��, Rrrs (CRyon, inn_ • (State) h ���„� _ (TeFlephone) • • (FOR OFFICE USE. ONLY) . - ' I CERTIFICATION This is to certify that the foregoing application has been inspected by me . " - and has been found to be thorough and complete in every particular and to conform to the rules and regulations of the Renton Planning Department governing the f • pro uch 'application , j_____ )..,- • • .Date R e c e i v "'EC�II!�® ® 1 9 B _22a.i G . -o - �i,L��G DEP PR��� Renton Planning Dept. t. Revised May 1970