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Home My WebLink AboutLUA 07-125_Report 01Chris Cirillo Capital Homes LLC 20314 132nd Avenue NE Woodinville, WA 98072 tel: (206) 669-5413 eml: cmcirillo@yahoo.com (contact) Harold Deacy 407 Whitworth Avenue S Renton, WA 98057 (party of record) Wilma Kozai 415 Whitworth Avenue S Renton, WA 98057 (party of record) Alice Deacy 11002 SE 176th Street 201 Renton, WA 98055 tel: (425) 235-6967 (party of record) PARTIES OF RECORD 409 WHITWORTH LUA07-125, SA -H, ECF Capital Homes LLC 16603 107th Place NE Bothell, WA 98011 tel: (425) 354-8544 (applicant) Rosalie Higgins 417 Whitworth Avenue S Renton, WA 98057 tel: (425) 226-3370 (party of record) Pat & Theresa Deacy 14316 SE 184th Place Renton, WA 98058 (party of record) Philip Sheridan ste: #E- 2016 S Lucile Street Seattle, WA 98108 tel; (206) 767-3474 (party of record) Kayser Ole Willey 835 S 143rd Place Burien, WA 98168 tel: (206) 234-1781 (owner) Rick & Stephanie Clarey 419 Whitworth Avenue S Renton, WA 98057 (party of record) Kelly Higgins 417 Whitworth Avenue S Renton, WA 98057 tel: (425) 226-3370 (party of record) Trish Johanson McCarthy GMAC Real Estate 6161 NE 175th Street ste: #200 Kenmore, WA 98028 tel: (425) 269-1906 (party of record) Updated: 11/27/07 (Page 1 of 1) N I I i Bn'c BY D— "s 409 WHITWORTH CONDOMINIUMS — j ' 409 WHITWORTH AVE S RENTON, WA - DI=Y GITYOF EWONNINC OCT 19 2007 RECEI'VE`S Cc SHATTUCK AVE NUZ 5. 15-Av-ff A—LLEY FN -1 15,7 11 z OB tp z 77 prt ail F- ro tp + — ru —T r *N, ^HITNORTH AVENUE TSA�, 409 WHITWORTH CONDOMINIUMS 409 WHITWORTH AVE S RENTON. IMP i VELOFMENT !MG CITY OF RENTON OCT 1.- 9 2007 RECEIVED N O A 3L rn r rn O z rn k N A rn r rn { _A 0 z A i 0 A A TSA, r 409 WHITWORTH CONDOMINIUMS 409 WHITWORTH AYE S RENTON,WA - DEVELOPMENT PLANNING CITY OF RENTON OCT 1.9 2007 RECEIVED TSA, 409 WHITWORTH CONDOMINIUMS - ' " 409 WHITWORTH AVE S MENTON, WA DEVELOPMENT PLANNING CITY OF RENTON OCT 1:9 2007 RECEIVED r m m D D — A m m 2 m m m zig 0 m z SHATTUCK AVENUE S. 16' -WIDE ALLEY WHITWORTH AVENUE S. k WHITWORTH 409 Whkwofth Avenue Renton,WA a § C C N 2 O m � b t7 � w in N z m 0 m z SHATTUCK AVENUE S. 16' -WIDE ALLEY WHITWORTH AVENUE S. k WHITWORTH 409 Whkwofth Avenue Renton,WA J DEVELOPMENT PLANNNG CITY OF PENTON OCT 19 2007 RECEIVED w N u 409 WHITWORTH CONDOMINIUMS S; •n ¢nl�e +++�•+ 409 WMIflNORTH AYES RENTON, WA DEVELOPMENT PLANNING CITY OF RENTON OCT 19 2007 RECEIVED z" 409 WHITWORTH CONDOMINIUMS . . . . . . ... . . ..... 409 WHITWORTH AVE 5 RENTOWWA OEVELOPMENT PLANNING CITY OF RENTON OCT 19 2007 MOND 4l11 A N (P u tvi z A r r - TTI tvi I - - - - -- - - - -- - -- - -- - --------I------ - - --- -- TSA - 409 WHITWORTH CONDOMINIUMS � 'I' .- 104 WHITWORTH AVE S RENTON,WA DEVELOPNT w C oI REW OCT 19 2007 RECEIVED F 409 WHITWORTH CONDOMINIUMS 09 WHITWORTH AVE S RENTON. WA EVELOPMENT PLANNING CITY OF RENTON OCT 19 2007 RECEIVED F C i 'k i SHATTUCK AVENUE 5 4 � ` ` 15' -WIDE ALLE!'�''' ;RS A Z y rn Aga z p A I'll III o o 0 F w o �R y¢ R� r 3.I ➢� iii I S 8 d � C 0 6 YY l f � n m �R � ;€ �� 5 � a fi SHATTUCK AVENUE 5 4 � ` ` 15' -WIDE ALLE!'�''' ;RS A Z y rn Aga z p A I'll III o o 0 F w o �R y¢ R� r 3.I ➢� F O I I �11! ED L ■ WHITWCRTH AVENUE S. 409 WHITWORTH iii I All 5 � fi gg 3 M Pnlhnlrrry �ulyn F O I I �11! ED L ■ WHITWCRTH AVENUE S. 409 WHITWORTH DEVELOPMENT PLANNING CITY Of RENTON OCT 19 1007 RECEIVED TSA,,;,,,,,;,,, 409 WHITWORTH CONDOMINIUMS 4M WHITWORTH AVE S RENTOKWA DEVELOPMENT ONINGTYRNTN OCT 19 2007 RECEIVED x ti i Z r - 77' 4 T- T S A�, 409 WHITWORTH CONDOMINIUMS 409 WHITWORTH AVE S RENTON, WA Ip x ti i Z r - 77' 4 T- T S A�, 409 WHITWORTH CONDOMINIUMS 409 WHITWORTH AVE S RENTON, WA DEVELOPMENT PLANNING MNTON OCT 19 2041 RECEIVED ;i FA ir Tm A SITE PLAN MVEW SUBMITTAL: 2br-ID-1g -6 35 SHATTUC,K AVE. S. L - ID m A AHITNORTH AVE. S. Ep tp T1 moptitis AVE. S. SWITHERS AVE. S. Y - cn m 409 WHITWORTH CONDOMINIUMS 409 WHI�ORTH AVE F RENTON,WA - VELOPMENT PLANNING CITY Of RENTOR' OCT 19 K-7 RECEIVE .) 111 IIIA (33AGM LOOZ6t1N NO1N3W 30 ulO E)NiNNYId 1N�jWdO-BA30 rLSHATTUK AVENUE S. NS 14'E --q_, EN g• x _ • �e _ _ _e nor i z� I gW10 As tEY !•1 60.00 G E CAA 36 { ` cnA=oar 1 � I� En aim o 0 'z v - ° �FA Q M) � I n = >➢ r m K 3 c RT Z z s Fn 1y' � � � m aol _ 60.00 30 � QYC 40ETF SIp'_XALK � � � ko I p o 90 00 !120.9 -HITWOF�TH4 AVENUE 5. r I-IV rg m po^ :€> E U12 4PR P >9 0 W "_< .imp T ^'°n c^ �O y� _ m foam ac�r$�a e a K m ww^yam o $ ^m.�?^w i =m-= o ' . _ a v � � � 3 ® Lg G . w a fps..>g}�'_� W � ��?m < n o �' €^€T�mw� �, p e ~ o T AT v. Rem d ^ fR R `m RSR f°I �V n . m m m ^ n n r S . C fR 9 g � � "' m z m:oa�aFxu= --I T i�,_� � ^$# mi SE4 R4 4 gg ,� a € O Mq ^ R,�_ FYi gf 180 R�W S� R IE i� �6.m� Rpaac Z p 'o D o n��m.F R% :FiY w • w :J, �m ^ U "' T '" 9 u^p N 4 Re F g F r'"^F9',�'H�RR µ 6' m s q33 a r Z. S ^E^>R= --.a R' En u .t fk"C igpowl Y `.FoYnl S" ma y p ; W1 q n L DEVELOPMENT NING RNTON OCT 112007 RECEIVED "R + 4 Denis Law, Mayor CII TN OF RENTON Hearing Examiner Fred J. Kaufman Denis Law Ci �f Mayor «i� i• t June 3, 2010 r Department of Community and Economic Development Alex Pietsch, Administrator Fred Kaufman Hearing Examiner 1055 S. Grady Way Renton, WA 98057 SUBJECT: Time Extension Request for 409 Whitworth City of Renton File LUA07-125, SA -H, ECF Dear Mr. Kaufman: The City of Renton Planning Division received a request for a one year time extension on the above -captioned 16 -unit condominium project from Robert O. Willey (see attachment), the property owner of record. RMC 4-9-200L.2 states that a single two year extension may be granted by the approval body that approved the original site plan. On February 4, 2008 you approved the project subject to conditions. The project was subsequently appealed and the City Council moved to approve your decision with an amendment to remove Conditions 1, 2, and 3 on May 5, 2008. On October 21, 2008 you approved a site plan for the Whitworth Condominiums (LUA08-83, ECF, SA -H) which includes the parcels at 407 and 409 Whitworth Avenue S. The Whitworth Condominiums project is a mixed use development which would include 2,290 square feet of commercial space and 33 condominium units. While this is larger than the 16 -unit condominium project,'the Planning Division believes that it is better designed. Therefore, staff recommends denial of the time extension for the 409 Whitworth project (LUA07-125). If you have any questions, please feel free to contact me at (425) 430-7382. Sincerel 00 Gerald C. Wasser Associate Planner Attachment cc: City of Renton File No. LUA07-125 Chip Vincent, Planning Director Jennifer Henning, Current Planning ]Manager Renton City Hall . 1055 South Grady Way • Renton, Washington 98057 0 rentonwa.gov P.O. BOX 568 May 24, 2050 Chip Vincent, Planning Director City of Renton 1055 S. Grady Way Renton, Washington 98057 Re: Project # LUA 07-125 409 Whitworth, Renton Wa. Dear Mr. Vincent: REI . N, WASHINGTON 98057: am requesting a one year extension on the Site Plan Approval for the above referenced property. This project is a 16 unit, 5 story dwelling specifically on 409 Whitworth property (not to be confused with 407 and 409 Whitworth Site Plan Approval). Please be advised a duplicate of this letter is being sent via certified mail. If there are any problems with the one year extension please contact me at 206 234-1781. Since iy ypurs, Ce Robert 0. Willey a/k/a Kayser 0. Willey May 5, 2008 Renton City Council Minutes Page 148 APPEAL Planning & Development Committee Appeal: 409 Whitworth Condominiums Site Plan, Various, SA -07-125 located between Lake Washington Blvd. N. and the northern property line of the Virginia Mason Athletic Center (Seattle Seahawks' Headquarters and Training Facility). Economic Development Director Dale Estey reported that the Seattle Seahawks requested the renaming of the roadway, which is currently known as Ripley Lane, Hazelwood Lane, and Lake Washington Blvd. She pointed out that no other properties will be affected by the new street name except for potentially the Quendall Terminals property, depending on how the property redevelops in the future and where access points are located. Ms. Dale Estey indicated that if approved, dual signage will be installed so that drivers will be directed to the remaining portions of Ripley Lane N. via Seahawks Way_ Public comment was invited, Gilla Bachellerie (Renton) stated that although she does not object to the Seahawks Way renaming, she is concerned about the inaccuracies on various public and commercial maps. Ms. Bachellerie pointed out that Hazelwood Lane is blocked off, however, many maps show that it is connected to Ripley Lane, thus resulting in drivers using her driveway off of Ripley Lane to turn around. Eileen Halverson (Renton) stated that she lives in a Misty Cove condominium and objects to the street renaming_ She indicated that a split name for such a short section of roadway is confusing for people trying to ft.nd residences beyond Ripley Lane, Emphasizing that affected residents have already been and will be greatly impacted by the new facility, Ms. Halverson requested that the name "Ripley Lane" be retained for the entire road. Greg Fawcett (Fall City) pointed out that he owns two parcels of land in the subject area and voiced his favor for the name change. Vicente Farinas (Renton) stated that he is not opposed to the name change; however, he is concerned about the increase in traffic, flooding, and the lack of space for pedestrian and bicycle traffic. Public Works Administrator Zimmerman pointed out that the City just awarded the contract for the fixing of the drainage problems, and just entered into a contract with King County for a gravel walking surface on the east side of Ripley Lane. Gregg Smith (Renton) expressed his opposition to the name change. Since the lane will not only be used to access the Seahawks site but also homes further north on Ripley Lane, he stated that confusion will be created despite the dual signage. There being no further public comment, it was MOVED BY PERSSON, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 151 for Transportation (Aviation) Committee report.) Planning and Development Committee Vice Chair Zwicker presented a report regarding the 409 Whitworth (Condominiums) Site Plan appeals. The Committee heard the matter on 5/1/2008. Pursuant to City Code 4-8-11 OF, the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to the Hearing Examiner's report, the notice of appeal, and the submissions by the parties. There were three appellants to this appeal; Harold Deacy, Phyllis Webb, and the applicant, Capital Homes LLC/Chris Cirillo_ Mr. Deacy resides on 407 Whitworth Ave. S., which is located directly north and abuts the subject property. Ms. Webb resides at 249 Seneca Pl. NW. Ms. Webb did not appear in the hearing held before the Hearing Examiner, but became a party of record May 5, 2008 Renton City Council Minutes Page 149 thereafter. On 413012008, Appellant Deacy sent a letter to the City indicating that he had reached a settlement with Capital Homes to sell his property. He was thus, withdrawing his appeal and now supporting the development. The subject property is located at 409 Whitworth Ave. S., which is zoned Center Downtown (CD). The area surrounding the subject site is all zoned CD, and the CD zoning was put in place in 1992. This project is the first application to submit an application under this new CD zoning which permits a height limitation up to 95 feet. Applicant Capital Homes LLC applied for a site plan approval for construction of a five -story condominium building on a 7,199 square foot lot. The proposed height of the building would be 60 feet and 4 and one-half inches, The Hearing Examiner approved the site plan, but imposed several specific conditions including a requirement to reduce the height to four stories with a maximum height of 48 feet, and to eliminate the proposed rear parking in lieu of open space. Applicant Capital Homes LLC filed an appeal specifically raising error with the Hearing Examiner's conditions #1, 42, and #3, set out in the 2/4/2008 decision on page 15. The basis for Ms. Webb's appeal appeared to be regarding FAA (Federal Aviation Administration) regulations, and concerns regarding the safety of having a building such as this in the vicinity of the Renton Airport. The Committee opened the hearing and heard presentations and argument by Jennifer Henning (City's Current Planning Manager), Ms. Webb, and Justin Park, attorney for Capital Homes LLC. Having done so, the Committee found that there is a substantial error in both fact and law. The Committee further found that Appellant Webb lacks standing to bring this appeal. 1 With respect to Ms_ Webb, she does not reside anywhere near the vicinity of the 1 subject site. She did not appear in the open record site plan hearing before the Hearing Examiner. The FAA concerns and issues cited by Ms. Webb were not raised in the hearing, therefore there is no record of this issue. Furthermore, Ms. Webb fails the test set forth in Trepanier v, Everett, 64 Wn, App, 380, 382, 824 Ptd 524 (1992), in that she cannot articulate an "injury in fact" to show how she would be "specifically and perceptively harmed" by the proposed condominium project. As for the Applicant Capital Homes LLC, the proposed project will be consistent with the City's vision and Comprehensive Plan. The project is not out of scale and is reasonably within the confines of the CD zoning and will implement the vision of the City to create a more urban, dense, and higher intensity use in this area. The purpose of the CD zoning is to encourage higher density residential and commercial projects. The applicant should not be penalized for being the first developer to propose a project under this new zoning. To that end, they should not be penalized by being subject to a condition which prohibits them from making any modifications, however minor, without "additional public hearings or a new site plan review." For these reasons, the Committee makes the following recommendations to the i City Council: 1 • That the City Council find that the Hearing Examiner made a substantial error of fact in finding that the project was out of scale with the immediate community and therefore not compatible; and • That the City Council find that the Hearing Examiner made a substantial error of laws in that he overstepped his authority by imposing the restriction set forth in his decision #3 on page 15; and therefore, i May 5, 2008 Renton City Cauncil Minutes Page 150 • Move to approve the Hearing Examiner's decision to approve the site plan, but amend his decision to remove decision conditions #1, #2, and #3 (but otherwise affirm the remaining conditions #4 through #7). MOVED BY ZWICKER, SECONDED BY TAYLOR, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: • On May 19, the Washington State Department of Transportation plans to repair portions of SR -900, specifically along S. 3rd St. from Whitworth Ave. S. to Burnett Ave. S. in the eastbound, far left lane; and along Rainier Ave. S,, between S. 2nd St. and S. 3rd St., at the Pizza Hut in the southbound curb lane. • The City, in partnership with the American Red Cross and Renton Technical College, will present a Business Continuity Workshop on May 20. The workshop will provide participants with tools to evaluate risks and pre -plan strategies for economically surviving emergency events. AUDIENCE COMMENT Raymond A. Breeden, Sr. (King County) issued an invitation to an open house Citizen Comment: Breeden - at the Wonderland Estates Mobile Home Park on May 17_ He voiced his Wonderland Estates Mobile appreciation to the City for helping to save the mobile home park. Home Park CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 4/28/2008. Council concur. 4/28/2008 Court Case: Thomas McGurn Court Case filed on behalf of Thomas McGurn and Joan McGurn by Sheffield & Joan McGurn, CRT -08-005 & Associates, who seek compensation for injury and permanent disability sustained by Thomas McGurn on 4/19/2005 when a vehicle operated by a Police Department employee allegedly failed to stop at a stop sign and ran into the side of his vehicle. Refer to City Attorney and Insurance Services, Development Services: Barbee Development Services Division recommended acceptance of a deed of Mill Preliminary Plat, ROW dedication for additional right-of-way on N. 42nd PI. to fulfill a requirement of Dedication, N 42nd P1 the Barbee Mill Preliminary Plat (PP -02-040). Council concur. Finance: Signatures for Finance and Information Services Department recommended approval of a Banking Transactions resolution updating signature authorities for depositories and electronic fund transfers for the City, due to personnel changes. Council concur. (See page 152 for resolution.) Airport: 820 Building Transportation Systems Division recommended approval of a contract in the Demolition Design, WHPacific amount of $106,275 with WHPacific, Inc. for engineering services related to the demolition of the 820 Building at the Airport. Refer to Transportation (Aviation) Committee. Airport: Runway 15133 Transportation Systems Division recommended approval to accept a $73,102 Resurfacing Phase It Design, Federal Aviation Administration grant for the design of the Runway 15133 FAA Grant Resurfacing Phase li project at the Airport. Council concur. (See page 153 for resolution.) PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT May 5, 2008 APPROVED BY CITY COUNCIL Date 5504� 409. WHITWORTH AVE. (CONDOMINIUMS) SITE. PLAN APPEAL File LUA 07-125, SA -H, ECF (Referred April 7, 2008) The Planning and Development Committee ("Committee") heard this appeal on May 1, 2008. Pursuant to RMC 4-8-11 OF, the Committee's decision and recommendation is limited to the record, which consists of, but is not limited to the Hearing Examiner's Report, the Notice of Appeal and the Submissions by the Parties. There were three (3) appellants to this appeal: Harold Deacy, Phyllis Webb and the Applicant Capital Homes LLC/Chris Cirillo. Mr. Deacy resides on 407 Whitworth Ave. S., which is located directly north and abuts the subject property. Ms. Webb resides at 249 Seneca Pl, NW. Ms. Webb did not appear in the hearing held before the Hearing Examiner, but became a party of record thereafter. On April 30, 2008, Appellant Deacy sent a letter to the City indicating that he had reached a settlement with Capital Homes to sell his property. He was thus, withdrawing his appeal and now supporting the development. The subject property is.. located. at 409 Whitworth Ave. S., which is zoned Center Downtown (CD). The area surrounding the subject site is all zoned CD, and the CD zoning was put in place in 1992. This project is the first application to submit an application under this new CD zoning which permits a height limitation. up to 95 feet. Applicant Capital Homes LLC applied for a Site Plan approval for construction of a 5 - story condominium building on a 7, 199 square foot lot. The proposed height of the building would be 60 feet 4 12 inches. The Hearing Examiner approved the Site Plan, but imposed several specific conditions including a requirement to reduce the height to four stories with a maximum height of 48 feet and to eliminate the proposed rear parking in lieu of open space. Applicant Capital Homes filed an appeal, specifically raising error with the Hearing Examiner's condition #1, #2 and #3, set out in the February 4, 2008, decision on Page 15. The basis for Ms. Webb's appeal appeared to be regarding FAA regulations and concerns regarding the safety of having a building such as this in the vicinity of Renton Airport. They opened the hearing and heard the presentations and argument.by Jennifer Henning, Ms. Webb and Justin Park, attorney for Capital Homes. Having done so, the Committee hereby. finds that there is a substantial error in both fact and law. The Committee further finds that Appellant Phyllis Webb lacks standing to bring this appeal. With respect to Ms. Webb, she does not reside anywhere near the vicinity of the subject site. She did not appear in the open record Site Plan hearing before the Hearing Examiner. The FAA concerns and issues cited by Ms. Webb was not raised in the Whitworth Appeal ' Page 2 t Hearing below, therefore there is no record of this issue. Furthermore, Ms. Webb fails the test set forth in Trepanier v. Everett, 64 Wn. App. 380, 382, 824 P.2d 524 (1992), in that she cannot articulate an "injury in fact" to show how she would be "specifically and perceptively harmed" by the proposed condominium project. As the Applicant Capital Homes,. the proposed project will be consistent with the City's vision and comprehensive pian. The project is not out of scale -arid is reasonably within the confines of the CD zoning and will implement the vision of the City to create a more urban, dense and higher intensity uses in the area. The purpose of the .CD zoning is to encourage higher density residential and commercial projects. Applicant should not be penalized for being the first developer to propose a project under this new zoning. To that end, they should not be penalized by being subject to a condition which prohibits them from making any modifications, however, minor, without "additional public hearings or a new site plan review." For these reasons, the Committee makes the following recommendations to the City Council: That the City Council find that the Hearing Examiner made a substantial error of fact in finding that the project was out of scale with the immediate community and therefore not compatible; and That the City Council find that the Hearing Examiner made a substantial error Qf law in that he overstepped his authority by imposing the restriction set forth in his Decision #3 at pp. 15; and therefore, Move to approve the Hearing Examiner's 'Decision to approve the Site Plan, but amend his decision to remove Decision Conditions #1, #2, and #3 (but. otherwise affirm the remaining conditions #4 through #7.) `�KIlV R, Chair RICH ZWICKER, We Chair Cy �.. GREG TA OR, Member cc: Alex Pietsch Jennifer Henning Fred kaulman l A f ■ Y ��U7R Denis Law, Mayor CITY 'JF RENTON Renton City Council April 23, 2008 APPEAL FILED BY: Phyllis Webb, Harold Dency and Capital Homes, LLC/Chris Cirillo RE: Appeal of Hearing Examiner's Decision dated 2/24/2008 regarding the 409 Whitworth" (Condominiums) Site Approval application, located at 409 Whitworth Ave. S. (File No. LUA-07-125, SA -H, ECF) To Interested Parties: The Renton City Council's Planning & Development Committee will meet to deliberate the above - referenced item on the following date: Thursday, May 1, 2008 3:00 p.m: 7`h Floor/Council Chambers City of Renton 1055 South Grady Way Renton, Washington This Council: Committee meeting is open to the public, but it is not a .public hearing. Itis a working session of the Planning & Development Committee.. No new testimony or evidence will. be taken. However, the parties are expected to attend and be prepared to. explain why the Council Committee should uphold or overturn the decision of the Hearing,Examiner. If you have questions regarding these meetings, please phone Julia Mediegian, Council Uaison,,at 425-430-6555. Sincerely; 0 King Parker, Chair Planning & Development Committee Renton City Council' 1055 South Grady. Way - Renton, Washington 98057 - (425) 430-6501 This paper contains 501A recycled material, 30% post oonsumQr RENTaN . AHEAD OF THE CUFNE Elizabeth Higgins Development Services City of Renton Chris Cirillo Capital Homes LLC 20314 132ne Avenue NE Woodinville, WA 98072 Rick & Stephanie Clarey 419 Whitworth Ave S Renton, WA 98057 Alice Deacy 11002 SE 176`h St., Ste. E-201 Renton, WA 98055 Mr. & Mrs. Carl Nordstrom 409 Morris Ave S Renton, WA 98057 Kent Smutny TSA Architects 10800 NE 8'h Street, Ste. 300 Bellevue, WA 98004 Louis Barei 614 S 18`h Street Renton, WA 98055 Kayren Kittrick Development Services City of Renton Capital Homes LLC 16603 1071h Place NE Bothell, WA 98011 Rosalie Higgins 417 Whitworth Ave S Renton, WA 98057 Pat & Theresa Deacy 14316 SE 9 84'h Place Renton, WA 98058 Philip Sheridan 2016 S Lucile Street Seattle, WA 98108 Phyllis Webb 249 Seneca Place NW Renton, WA 98057 Amrik Kamoh 9423 NE 130"' Place Kirkland, WA 98034 Harold Deacy 407 Whitworth Ave S Renton, WA 98057 Kayser Olaf Willey 835 S 1434 Place Burien, WA 98168 Wilma Kozai 415 Whitworth Ave S Renton, WA 98057 Kelly Higgins 417 Whitworth Ave S Renton, WA 98057 Trish Johanson McCarthy GMAC Real Estate 6161 NE 175' St., Ste, 200 Kenmore, WA 98028 Jeff Wolfson PO Box 6602 Kent, WA 98064 N 409 Whitworth Condominiums Appeal Timeline Address: 409 Whitworth Avenue South Applicant/Contact Capital Homes LLC, Chris Cirillo File No, LUA-Proposal: LUA07-125, SA -H, ECF Time Line April 19, 2007 Pre -application meeting date October 19, 2007 Application submitted for Site Plan Review, Environmental Review October 24, 2007 Application deemed complete; comment period commences November 26, 2007 Environmental review (SEPA) threshold determination issued December 17, 2007 14 -day appeal period of environmental determination ends; no appeals filed January 8, 2008 Site plan review hearing before the Hearing Examiner February 4, 2008 Hearing Examiner approves the project subject to conditions February 18, 2008 Three appeals filed: 1) Cirillo (applicant); 2) Deacy (neighbor); and, 3) Webb (party of record). April 30, 2008 Deacy appeal withdrawn by appellant May 1, 2008 Appeal hearing before the City of Renton Planning & Development Committee of the Council to consider remaining appeals (Cirillo and Webb). E3 - 7,T23N RM E 1/2 [9A �\ \ I L (P) W rd P CA CA- IM(P) ............. Airport Way c CA 1 16, u �tPA C CA A b. A.n. i R 71 0 jrn CA' 0 S Ll CD(P) RS CIA S 2nd St, cQ C CA S 3r.d C.; S Ir C. - ma ED Ci Q R-10 Jr R -10(p) R-8 - D C c D CD 11 ll , -c- - 9 (s ZONING P/S/PW TEMUCAL URVIUS 0=9107" c A A G3 19 T23N Ra E 1/2 -- — — Renton dify U-1 cD QD D cl) CD(P) .,4 Col CD. C. - GD CD C D T M, D(P 0a SOS 0 L;"Qo 18 T23N ME EXHIBIT lk a ... nvinao �••• ••�•••••••.•••••••••• Of 90'k d RIY WI'RtA Ydi"M�IIN dM'�!`S'K T! 4Neuci .Rr -r r,rr�q,i°J VSl SWnIfJlWQQNOO Hl2lOhAIfHM 60V NR4 rnupmnr A5 i1 w U H w Q T 0 W Z — .. 0. '5 'SAY 5N9H1lYls Yk . . I 'S '3AY 5RIZIOYVE _ . Ila IL T - ... :—.. f di .9 'VAY H.LNOM11HM e s r L i 1 i i .�_ w�I'P LYH5 of NR4 rnupmnr A5 i1 w U H w Q T 0 W Z �� - .. 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AIRPORT AIRPORT COMPATIBLE LAND USE POLICIES Goal: Minimize risk associated with potential aviation incidents on the ground and for aircraft occupants. Discussion: In order to meet a mandate of the Growth Management Act, the City of Renton has developed a set of objectives and policies to address land use compatibility between the Renton Municipal Airport and an area of the City known as the Airport Influence Area (see RMC 4-3-020). Renton's approach to planning for minimization of risk associated with potential aviation incidents was to analyze four primary categories of aviation operations in relation to land use compatibility. The categories used are, l ) general aviation safety, 2) airspace protection, 3) aviation noise, and 4) overflight. A "compatibility objective" was developed for each, with strategies to meet the objective, and measurement criteria to ensure that the objective is met. The objectives and policies of the Comprehensive Plan, with the implementation included in the Development Regulations (RMC 4-3-020) meet the state requirement of GMA and the goal of this section. Responsibility for implementing the Airport Compatible Land Use objectives and policies is shared by the City of Renton, proponents of projects within the Airport Influence Area, and the aviation community. General Aviation Safety _4<C Objective LU -E: Minimize risk associated with potential aviation incidents. Policy LU -19. Adopt an airport compatible land use program for the Renton Airport ik Influence Area, including an Airport Influence Area Map. Policy LU -20. Develop performance-based criteria for land use compatibility with aviation activity. 7KPolicy LU -21. In the Airport Influence Area, adopt use restrictions, as appropriate, that meet or exceed basic aviation safety considerations. Airspace Protection Objective LU -F: Reduce obstacles to aviation in proximity to Renton Municipal Airport. Policy LU -22. Require that submittal requirements for proposed land use actions disclose potential conflicts with airspace. 1X-7 Amended 11/27/06 C Policy LU -23. Provide maximum protection to Renton airspace from obstructions to aviation. Policy LU -24. Prohibit buildings, structures, or other objects from being constructed or altered so as to project or otherwise penetrate the airspace surfaces, except as necessary and incidental to airport operations. Aviation Noise Objective LU -G: Address impacts of aviation noise that is at a level deemed to be a health hazard or disruptive of noise -sensitive activities. Policy LU -25. Prohibit the location of noise -sensitive land uses from areas of high noise levels, defined by the 65 DNL (or higher) noise contour of the Renton Municipal Airport. Policy LU -26. Within the Airport Influence Area require disclosure notice for potential negative impacts from aviation operation and noise, unless mitigated by other measures. Policy LU -27. Residential use and/or density of new structures should be limited, within the Runway Protection Zone and the Runway Sideline Zone to reduce negative impacts on residents from aviation operation noise. Implementing code will be put in place by November 2007. Policy LU -28. Non-residential use and/or intensity may be limited, if such uses are deemed to be noise sensitive, to reduce negative impacts on users from aviation operation noise. Policy LU -29. Approval of residential land use or other land uses where noise -sensitive activities may occur should require dedication of avigation easements and use of acoustic materials for structures. Policy LU -30. Require master planning of land to increase land use compatibility through sound attenuation in the environment and techniques such as: • Place uses with highest sensitivity to noise at greater distances, in consideration of the factor of distance from the source. • Consider creation of micro -climates to utilize mitigating meteorological conditions (i.e. air temperature, wind direction and velocity). • Create soft ground surfaces, such as vegetative ground cover, rather than hard surfaces. • Provide at appropriate heights, structures, terrain, or other barriers to provide attenuation of sound. Overflight Objective LU -H: In the Airport Influence Area, address impacts of overflight that are disruptive. IX -8 Amended 11/27/06 Policy LU -31. At the time of land use approval (i.e. subdivision of land) avigation easements should be granted to the City in areas of Renton subject to negative aircraft overflight impacts. Policy LU -32. At the time of land use approval (i.e. subdivision of land) deed notices should be recorded in areas of Renton subject to negative aircraft overflight impacts. Policy LU -33. The City should establish a presence on noise -abatement review committees, or similar forums, and request notification of noise -abatement procedures at nearby airports that may have aircraft that impact Renton. Policy LU -34. The City should provide information to Renton citizens of noise complaint procedures to follow for reporting negative impacts from overflights associated with not only Renton Airport, but also Seattle Tacoma International Airport and King County International Airport. Implementing code will be put in place within three years of the adoption date of GMA update. 1)C-9 Amended 11/27/06 Policy LU -150. Required setbacks should exclude public or private legal access areas, established through or to a lot, and to parking areas. Policy LU -151. Maximum height of structures should not exceed two (2) stories in single-family residential neighborhoods. Policy LU -152. Single-family lot size, lot width, setbacks, and impervious surface should be sufficient to allow private open space, landscaping to provide buffers/privacy without extensive fencing, and sufficient area for maintenance activities. Policy LU -152.1: Variances to standards in LU -152 should not be granted to facilitate additional density on an infill site. Policy LU -153. Interpret development standards to support plats designed to incorporate vehicular and pedestrian connections between plats and neighborhoods. Small projects composed of single parcels and/or multiple parcels of insufficient size to provide such connections, should include future street stubs. Future street connections should be clearly identified to notify residents of future roadway connections. Policy LU -154. Interpret development standards to support new plats and infill project designs incorporating street locations, lot configurations, and building envelopes that address privacy and quality of life for existing residents. Policy LU -155. New plats proposed at higher densities than adjacent neighborhood developments may be modified within the allowed density range to reduce conflicts between old and new development patterns. However, strict adherence to older standards is not required. Policy LU -156. Interpret development standards to support projects incorporating site features such as distinctive stands of trees and natural slopes that can be retained to enhance neighborhood character and preserve property values where possible. Replanting should occur where trees are not retained due to safety concerns. Retention of unique site features should be balanced with the objective of investing in neighborhoods within the overall context of the Vision Statement of this Comprehensive Plan. RESIDENTIAL MEDIUM DENSITY LAND USE DESIGNATION Purpose Statement: The Residential Medium Density designation is intended to create the opportunity for neighborhoods that offer a variety of lot sizes, housing, and ownership options. Residential Medium Density neighborhoods should include a variety of unit types designed to incorporate features from both single-family and multi -family developments, support cost-efficient housing, facilitate infill development, encourage use of transit service, and promote the efficient use of urban services and infrastructure. IX -28 Amended 11/27/06 Policy LU -162. Development densities in the Residential Medium Density designation area should range from seven (7) to eighteen (18) dwelling units per net acre, as specified by implementing zoning. Policy LU -163. For attached or semi -attached development in the R-14 zoned portions of the Residential Medium Density designation, a bonus density of four (4) additional dwelling units per acre should be available, subject to Density Bonus Review and other applicable development conditions. Policy LU -164. When a minimum density is applicable, the minimum development density in the Residential Medium Density designation Should be four (4) dwelling units per net acre. Objective LU -HH: Residential Medium Density designations should be areas where creative approaches to housing density can be implemented. Policy LU -165. Provision of small lot, single-family detached unit types, townhouses, and multi -family structures compatible with a single-family character should be allowed and encouraged in the Residential Medium Density designation, provided that density standards can be met (see also the Housing Element for housing types). Policy LU -166. Very small -lot, single-family housing, such as cottages, zero -lot line detached, semi-detached, townhouses, and small scale multi -family units should be allowed in the Residential Medium Density designation in order to provide a wide range of housing types. Implementing code will be put in place within three years of the adoption of the 2004 Update. Policy LU -167. A range and variety of lot sizes and building densities should be encouraged. Policy LU -168. Residential developments should include public amenities that function as a gathering place within the development and should include features such as a public square, open space, park, civic or commercial uses in the R-14 zone. The central place should include amenities for passive recreation such as benches and fountains and be unified by a design motif or common theme. Policy LU -169. Residential Medium Density site development pians having attached or semi -attached housing types should reflect the following criteria for projects: 1) Parking should be encouraged in the rear or side yards or under the structure; 2) Structures should be located on lots or arranged in a manner to appear like a platted development to ensure adequate light and air, and views (if any) are preserved between lots or structures; 3) Buildings should be massed in a manner that promotes a pedestrian scale with a small neighborhood feeling; 1X-30 1 2 3 4 5 6 7 8 9 10 11 12 13 BEFORE THE CITY OF RENTON CITY COUNCIL'"''''' CAPTIAL HOMES, LLC Appellant Hearing Date: May 1, 2008, 3:00pm Application Name: 409 Whitworth (Condominiums) Site Approval File No. LUA 07-125, SA -H, ECF CAPITAL HOMES' SUBMISSION IN SUPPORT OF ITS APPEAL 14 INTRODUCTION 15 Capital Homes' project at the 409 Whitworth Avenue site is in harmony with the 16 City's stated purposes for this area. Capital Homes has made a significant effort to 17 mitigate the impact of this structure on the area. For these reasons, it was error for the 18 hearing examiner to limit unreasonably the height of the structure, to require Capital 19 Homes to replace outdoor parking in the rear of the building with "open space", and to 20 require a full public hearing review for every change that may come up later. 21 Following the February 4`h, 2008 Hearing Examiner's decision, three appeals of that 22 decision were made. Other than Capital Homes, the decision was appealed by Harold 23 Deacyl, and Phyllis Webb, who does not reside in the area. 24 AUTHORITY 25 Several years ago, at least in part to encourage redevelopment of a core area 26 downtown, the area surrounding this project was rezoned to Center Downtown (CD). The 27 Code states the purpose of this zoning classification: 28 29 30 ` Mr. Deacy's appeal has been dismissed as of April 29''_ Mr. Deacy, whose home is neighboring to the project, has reached an agreement to sell his land, the corner lot on Whitworth Avenue, to Capital Homes. Capital Homes plans to develop the parcel in harmony with the 409 Whitworth project. RomERo PARK & WIGGINS P.S. CAPITAL HOMES' APPEAL SUBMISSION - 1 155-108` Avenue N.E., Suite 202 4arry ir/meo JenniPCr Pen171'4,y Bellevue, WA 98004-5901 ,film NIC Iser eliy dounG// Tel: (425) 450-5000 Fax: (425) 450-0728 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 The purpose of the Center Downtown Zone (CD) is to provide a mixed-use urban commercial center serving a regional market as well as high-density residential development. Uses include a wide variety of retail sales, services, multi -family residential dwellings, and recreation and entertainment uses. RMC §4-2- 020-M. The Comprehensive Plan states goals and policies for this zoning class. Those goals include relatively high density housing and redevelopment of these areas. LU-QQ; LU- 224,225,226. U - 224,225,226. Of course, these goals are to be mitigated against unnecessary and avoidable impacts to neighboring properties. The Code provides review criteria for this principle which state the goal clearly: Mitigation of undesireable impacts when an overscale structure, in terms of size, bulk, height and intensity, or site layout is permitted that violates the Zoning Code Standards and the policy direction adopted in the Comprehensive Plan and impairs the use, enjoyment or potential use of surrounding properties. RMC §4 -9 -200F -1-b. A. CAPITAL HOMES HAS MITIGATED THE IMPACT OF THIS PROJECT. A quick rundown of the particulars of this project shows that it is not only in compliance, but that significant efforts have been made to mitigate its impact in the neighborhood: • Height limit for structures in this zone is 95 feet, proposed height of this structure is only 60-61 feet. • Limit for lot coverage is 75%, this project uses its horizontal space to the maximum allowed with 74% coverage and 1-2 ft. front and side setbacks, where the code provides for no setback at all. • The hearing examiner noted that the project is "generally well designed", with step backs as height increases, and a variety of facade materials and varied rooflines in harmony with other recent downtown development. HE Finding no. 2. • Planning Dept. staff encouraged Capital Homes to up their density near the limitation of 100 du/acre, at 97. • In the rear of the structure, the setback is 15 feet, to allow for some open space and a little parking. CAPITAL HOMES' APPEAL SUBMISSION - 2 RomF,Ro PARK & WIGGINS P.S. 155-108" Avenue N.E., Suite 202 Bellevue, WA 98004-5401 Tel: (425) 450-5000 Fax. (425) 450-0728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 B. THE EXAMINER'S REQUIREMENT OF FULL SITE PLAN REVIEW FOR ALL CHANGES IS EXCESSIVE. The Hearing Examiner included a decision that is not in harmony with the applicable Municipal Code and Department guidelines. Decision 3 forbids any changes (no distinction being made between major and minor changes) without a full public hearing and Site Plan Review process. This decision exceeds the Examiner's authority. While certainly any major change (changes to scale, height, square footage or footprint) would have to be approved by a full Site Plan Review, the Planning Department staff should retain the right to approve minor changes in appearance, colors, etc. without the waste of time and effort that would accompany a full Review. SUMMARY This project has made all efforts to mitigate its impact, while at the same time fulfilling the goals of the comprehensive plan. If redevelopment of this downtown core area is to be encouraged, responsible, thoughtful design, like that of Capital Homes should be encouraged. Certainly if redevelopment of this area continues, Capital Homes' project could have the least impact of any project in this area if future projects approach the height and footprint limits put in place, but are allowed less stringent mitigation factors purely due to Capital Homes' project already being in place to change the form of this neighborhood. Capital Homes should not be punished for being the first developer in the neighborhood. Reasonable mitigation has occurred and the Examiner's decision on the Conclusions and Decisions named should be reversed. OBJECTION TO PHYLLIS WEBB APPEAL Ms. Phyllis Webb has also appealed the Examiner's February 4 Decision. The bases of Ms. Webb's appeal are in two categories: (1) Concerns based on the project's proximity to the Renton Airport, and (2) Concerns over a structure of this nature being placed in this previously residential neighborhood. Ms. Webb's aviation complaints are not applicable. Capital Homes' project is shorter, even at its proposed height, than other structures in the area. The building will not create any new obstruction for pilots to navigate, and no such showing has been made. Ms. Webb relies on Comprehensive plan policies LU -151 and 169 to argue that the Capital Homes' proposal is too tall for this residential neighborhood, but the policies she quotes are applicable to the ROMERO PARK & WIGGINS P.S. CAPITAL HOMES' APPEAL SUBMISSION - 3 155-108" Avenue N.E., Suite 202 Bellevue, WA 98004-5901 Tel: (425) 450-5000 Fax: (425) 450-0728 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 UR 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Residential Single Family Designation (R-8), while this area is zoned Center Downtown (CD), which changes these standards significantly. Capital Homes has made reasonable efforts to mitigate the structure's impact in the area. Sufficient tradeoffs have been made. Ms. Webb's enthusiasm for this neighborhood in which she attends church but does not reside is commendable, but her objections should not be upheld. PRAYER FOR RELIEF WHEREFORE, Capital Homes requests the following relief: 1. For the Council to find that the Hearing Examiner erred in his Conclusions nos. 4,10,11,12; 2. For the Council to find that the Hearing Examiner erred in his Decisions nos. 1, 2 and 3; 3. For the Council to approve the Site Plan for the 409 Whitworth Project as submitted by Capital Homes; and 4. For such other and further relief as the Council deems just and equitable. DATED this 29`' day of April, 2008. ROMERO PARK & WIGGINS, P.S. rJu i_i D. Park, WSBA #2830.6 108' Avenue NE, Suite 202 Bellevue, WA 98004 (425) 450-5000 (425) 450-0728 facsimile jpark@rpwfirm.com Attorneys for Capital Homes, LLC CAPITAL HOMES' APPEAL SUBMISSION - 4 ROMERO PARK & WIGGINS P.S. 155-108`h Avenue N.E., Suite 202 Bellevue, WA 98004-5901 Tel: (425) 450-5000 Fax: (425) 450-0728 Y 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 P11A 28 29 30 0 PROOF OF SERVICE BY U.S. MAIL I, Kathy Koback, certify and declare as follows: I am a citizen of the United States and a resident of the State of Washington. I am over the age of 18 years and not a party to the within -entitled cause. I am an employee with the law firm of Romero Park & Wiggins F.S., whose address is 155 — 1081x' Avenue NE, Suite 202, Bellevue, Washington 98004, which is located in the county where the mailing described below took place. I am readily familiar with the business practice at my place of business for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so collected and processed is deposited with the United States Postal Service that same day in the ordinary course of business. On April 29, 2008, at my place of business in Bellevue, Washington, a copy of the attached documents described as: Capital Homes' Submission in Support of its Appeal was placed for deposit in the United States Postal Service in a scaled envelope, with postage fully prepaid thereon, and addressed to: Phyllis Webb 249 Seneca Place NW Renton, WA 98057 and said envelope was placed for collection and mailing on that date following ordinary business practices. I certify and declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED this 29"' day of April, 2008. CAPITAL HOMES' APPEAL SUBMISSION - 5 P Kathy Koback, Legal Assistant ROMERO PARI{ & WIGGIN5 P.S. 155-108" Avenue N.E., Suite 202 Bellevue, WA 98004-5901 Tel: (425) 450-5000 Fax: (425) 450-0728 April 7, 2008 Renton City Council Minutes Page 106 *MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ADMINISTRATIVE Chief Administrative Officer Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2008 and beyond. Items noted included: The 6th Annual Piazza Renton Spring Festival will be held on April 19 at the Piazza, located on the corner of S. 3rd St. and Burnett Ave. S. Improvements to Burnett Linear Park located between S. 6th and S. 7th Streets will begin in mid-April and continue through mid-July 2008. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of 312412008_ Council concur. 3/24/2008 Appointment: Planning Mayor Law appointed Ed Prince to the Planning Commission for an unexpired Commission terrn expiring 6/30/2010 (position previously held by Casey Bui). Refer to Community Services Committee. Appointment: Airport Mayor Law reappointed the following individuals to the Airport Advisory Advisory Committee Committee, each for a three year term expiring on 51712011: Jennifer Ann Rutkowski (Talbot Hili neighborhood primary representative); Matthew Devine (Talbot Hill neighborhood alternate representative); Robert Moran (South Renton neighborhood primary representative); Michael Rice, Aerodyne, (Airport Leaseholders primary representative); and Jan Fedor (The Boeing Company representative). Council concur. CAG: 00-049, Valley Administrative, Judicial and Legal Services Department requested authorization Communications Center to ratify the first amendment to CAG -00-049, the Valley Communications Interlocal Agreement Center interlocal agreement, to extend the member city rate to Valley Regional Fire Authority and to acknowledge that King County Fire Protection District #39 is successor to the Federal Way Fire Department. Refer to Public Safety Committee. Human Resources: Administrative, Judicial and Legal Services Department recommended Administrator Appointment confirmation of the appointment of Nancy Carlson as the new Human (Nancy Carlson), Hire at Step Resources Administrator, effective 41712008; and approval of her salary at Step E. E of the salary range. Council concur. Court Case: State of Court Case filed by the State of Washington regarding the condemnation of Washington, CRT -08-003 property for public use relating to the improvement of I-405 and SR -167. Refer to City Attorney and Insurance Services. Appeal: 409 Whitworth City Clerk submitted three appeals of the Hearing Examiner's decision Condominiums Site Approval, 'regarding 409 Whitworth (Condominiums) Site Plan application (SA -07-125); Various. SA -07-125 i appeals filed on 2/15/2008 by Phyllis Webb and 2/18/2008 by Harold Deacy and by Chris Cirillo, Capital Homes, LLC, each accompanied by required fee. Refer to Planning and Development Committee. CED: 2008 Neighborhood Community and Economic Development Department reported submission of Program Grants grant applications for the 2008 Neighborhood Grant Program and recommended funding thirteen projects and ten newsletters totaling $68,053, and authorizing a second round of funding with a deadline of 10110x`2008. Refer to Community Services Committee. Cl. OF RENTON COUNCIL AGENDA LL Al 9: Submitting Data: For Agenda of: 4/7/2008 Dept/Div/Board., AJLSlCity Clerk Agenda Status Staff Contact...... Bonnie 1. Walton Consent .............. X Public Hearing.. Subject: Appeal of Hearing Examiner's decision dated 2/4/2008 Correspondence.. regarding the 409 Whitworth (Condominiums) Site Ordinance ............. Approval application. (File No. LUA-07-125, SA -H, Resolution............ ECF) Old Business........ New Business....... Exhibits: City Clerk's letter (312112008) Study Sessions...... Hearing Examiner's Response to Request for Information......... Reconsideration - (311312008) Appeal/Request for Reconsideration - Harold Deacy (211812008) Appeal - Capital Homes, LLC/Chris Cirillo (211812008) Appeal - Phyllis Webb (211512008) Hearing Examiner's Decision (21412008) Recommended Action: Approvals: Refer to Planning and Development Committee. Legal Dept......... Finance Dept. . ... . Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Appeal of the Hearing Examiner's decision on the 409 Whitworth (Condominiums) Site Approval application was filed on 2/15/2008 by Phyllis Webb and on 2/18/2008 by Harold Deacy and Capital Homes, LLC (Chris Cirillo), accompanied by the required $75 fees. STAFF RECOMMENDATION: Council to take action on the 409 Whitworth (Condominiums) Site Approval application appeals. cc: Jemiifer Henning Renoinnetlaanbilt! bh Y o CITY ]F RENTON ♦ City Clerk Denis Law, Mayor Bonnie I. Walton March 21,,.2008 APPEALS FILED BY: Phyllis Webb, Harold Deacy and Capital Homes; LLC/Chris Cirillo RE: Appeal of Hearing. Examiner's decision dated 214/2008'.regarding the 409Whitworth (Condorniniums) Site Approval application, located at 409 Whitworth AV S (File No. LUA-07-125, SA -H; ECF) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on' the RTC Short. Plat. application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-11 OF, the City Clerk shall notify all parties, of record' of the receipt of the appeal. Other parties of record may submit letters limited to support -of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal.. The deadline for submission of additional letters is, 5 00 }gym, March 31; 2008- NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents. will be reviewed by the Council's, Planning and Development Cominittee. The Council Liaison will notify all parties of record of the .date and time. of the Planning arid' Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council Liaison at 425-430-6501 for information. The recommendation of the 'Committee will be presented fot considerations by the full Council at a subsequent Council meeting: Attached are a dopy of the appeal and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or reco mendations. Please note that the City Councffwill be considering the merits of th''e appeal based upon the written record previously estalylished: Unless a showing can be made that additional, evidence could not reasonably have been available at the prior hearing held by the Hearing .Examiner, no further evidence or testimony : on this niatter, will be accepted by the -City Council. For additional information or assistance, please feel free to call me at 425.430-6502.. 10.55 South Grady Way - Renton, Washington 98057 - (425).430-65101 FAX (425) 430-6516 - .®.This paperwnlains50% recycled matLHal,30%postconsumer RENTON AHEAD OF THE CUR'V-"E City of Renton Municipal Cc, Title IV, Chapter. 8. Section 110 — Appee 4-8-11 OC4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council— Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or, testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant, In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4359, 1-25-1993) 6, Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F I, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) Denis Law, Mayor 13, 2008 Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth, LUA 07-125, SA -H, ECF Request for Reconsideration Dear Mr_ Deacy' OF RENTON Hearing Examiner Fred J. Kaufman This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the 'Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. If this office can provide any additional assistance, please feel free to write. Sincerely, Fred Kaufman Hearing Examiner City of Renton FKlnt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning, Development Services Larry Warren, City Attorney Neil Watts, Development Services All Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 This paper contains 50% recycled a iawiiel, 30 /, posi consumer, E PN T 0 . r1Hr;:a1 F 'rl,E _ C37Y 0� REN s ON FER � 8 2008 i RECEWED CITY CLERK'S OFFICE. 4t) q W.�•n- <m�l-�' L U A v-7- 1 z S sf-N, Ecr-. �x�.u> a „<w e�-, ;_� �,.s �;� �, -, r �.... a� _ ,�, e � � ,.n, e �. �� alp ,.<. <� mow, ,� tires � �� , � /, «, r , c>� t .i, y. ,fir-rl � ;�r�, � .,t, �V / l „C/.�,.�. ,�7.ra� ke.t ,.e' �-,,,.I.� ��..k..-"� ;max ,;�:�..�� ,�.:y�.�io fi/1�r �.�.�.� �a..�..� f..a„kid-�...em, c� -nom,-� <� aou„� �m�-he. J -aa ,cR.d-.�/.- .,-.� <.�� a{�.d Po,,e�y�� „ o-�Lth nL�,uk, o 0 l �. „� ,� ��`� �, .� j� �✓ r ,,,,..M t om' d,_Ne �, t7 APPEAL TO RENTON CITY COUNCIL OF HEAR EXAMINER'S DECISIONIREC( IENDATION ll V,, L)Ao7-125, APPLICATION NAME 4D� +. U IT j6K-1-4 FILE NO- SA -/��C- F The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated /0,2008 1. IDENTIFICATION OF PARTY APPELLANT. Name: k A r?OLD OeAC Address, -4-0_7 W(4 17�0o1�TN AUC -.SO _ 'Qe ; 6 n , WA 980 sa Phone Number: 4-Z �; — - -'29 "3(,:) 7 6 Email: CITYOFAENTON q.)3y r FEB 18 2008 REPRESENTATIVE (IF ANY): RECEIVED Name: CITY C:! FRWS OEEICE Address.- Phone ddress: Phone Number: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: I No_ 1 Error: /40-Zo 1-4 Correction: ru VdAL � o O k? I,-eez t jk I c. l-nuldr k ,} 44!21—o r_ d_e E b�cl� F� Si 4,. I" la 4 vl2 l v�Q h ve_ c fil u r' �lr h I s�i�r� yz X � r 1. . Error: ,G , h °�Q all" Correction: eA?_V'Z_Y3; 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the follo ng relief: (Attach explanation, if desired) _ err j UJ�f.ren Reverse the decision or recommendation and grant the following relief: (\4 VU"5 Modify the decision or recommendation as follows: rr04 �Lc6mrl Remand to the Examiner for further consideration as follows: Other: Appellant/Representative Q nature 0 NA�oLD QE-, 2--19- Zoos Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-84 ioF, for specific appeal procedures. APPEAL TO RENTON CITY COU L OF HEARING EXAMINER'S DECISIONIRECOMMENDATION CITY Di= KENYON FEB 18 2008C,$/ + RECEIVED APPLICATION NAME 409 Whitworth (Condominiums) Site Approval FME NO. Lffi YSA:t E The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated FebMM 4 , 2008 . I - IDENTIFICATION OF PARTY APPELLANT: Name: vital Homes, LLC / Chris Cirillo Address: 16603 - 107th Place NE Bothell, WA 98011 Phone Number: 206-669-5413 Email: �cmcHlo nhoo.com REPRESENTATIVE (IF ANY): Name: H- Troy Romero, Justin D. Park Address: 155 - 108th Ave. NE, Suite 202 WA 98004 Phone Number: (425) 450-5000 Email: tromero wfirm.eom ark(&wfirm.com 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based. see below and additional Sheets. FInding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: No. 4 Error: The Hearing Examiner erred in concluding that this moiect would require "tradeoffs" on the apylicanVs pgjjbgYoiid those almady made prior to the Heariny. Correction: The Applicant has already balanced the interests of Zoning, Site Plan Ordinance and Urban Design Regulations and has mitigated the impact of the pMect sufficiently that it should be app roved. Other: Decisions No. i Error. The Hearing examiner erred in requiring Applicant to reduce the height_of the pmpose_d structure from _ NN -112" to 48" and from five stories to four. Correction: The PmwArd structure's height is well under the Zoning limit of 95 LeA and the building has been designed to mitigate the impact of its height. The pnposed structure heit should be meed. 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) 0— 16 _ L '"aml Reverse the decision or reronunendation and grant the following relief.�",� XIX Modify the decision or recommendation as follows: See attached sheet. Remand to the Examiner for further consideration as follows:U Other Chris Cirillo, Manager February le, 2008 Appellant/Representative Signature TypelPrinted Name Date NOTE: Please refer to Title N, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures, ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION l RECOMMENDATION APPLICATION NAME: 409 Whitworth (Condominiums) Site Approval FILE NO. LUA 07-125, SA -H, ECF 2. SPECIFICATION OF ERRORS Conclusions: No. 10 Error: The Hearing Examiner erred in concluding that "the proposal is too out -of -scale with its immediate community" and in making statements that a height restriction should be required. Correction: The Applicant has taken all reasonable steps to mitigate the impact of the proposed structure and the structure is in compliance with all Zoning and other regulations. No. 11 Error: The Hearing Examiner erred in concluding that the exterior parking spots should be eliminated and replaced by a landscaped, "open space". Correction: The Applicant has provided sufficient open space in its Site Plan (See Findings of Fact no. 21) and is well within all requisite Zoning and Development Codes. No. 12 Error: The Hearing Examiner erred in concluding that no further modifications of the building would be permissible. Correction: The Applicant should be permitted to make necessary modifications to the plan as needed with only approval from Staff at Development Services so long as such modifications do not make major material changes to the footprint or impact of the proposed structure. Decisions: No. 1 Error: The Hearing Examiner erred in deciding that the Applicant would be required to reduce the height of the building to four stories and approximately 48 feet. Correction: The Site Plan elevations should be approved at the specified height of five stories and 60-61 feet. ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL Page 1 of 2 No. 2 Error: The Hearing Examiner erred in deciding that the Applicant would be required to eliminate the exterior parking spaces and create open space to the rear (west) of the proposed structure. Correction: The Site Plan should be approved with exterior parking to the rear (west) of the proposed structure. No. 3 Error: The Hearing Examiner erred in deciding that the Applicant may not make further modifications to the proposed Site Pian without additional public hearings or new site plan review. Correction: The Applicant may not make major modifications to the Site Plan (defined as those that would alter the scale, height, square footage or footprint) without new site plan review, but all other modifications, if necessary, may be approved through Development Services with no further public hearings or site plan review. SUMMARY OF ACTION REQUESTED, The City Council is requested to modify the decision of the Hearing Examiner as follows: Strike Decisions 1-3, and modify Conclusions 4, 10-12 as indicated above and approve the Site Plan as submitted with an instruction that further modifications may be approved without public hearings or site plan review as set out in the correction to Decision no. 3 above. ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL, Page 2 of 2 , 'PEAL TO RENI'ON CITY COUN CITY OF ttEN r t��' 01, OF HEARI..- EXAMINER'S DECISION/RECO_,�,VIENDATIONH 15 1008 yw APPLICATION NAN1E- `� R QUYED 1LEl�rq �5 The undersigned interested party hereby files its Notice of Appeal from the de tsion or recommendation of the Land Use Hearing Examiner, dated'4�— ca fi----- IDENTIFICATION OF PARTY APPELLANT.- Name: PPELLANT:Name: Address: `� —, A Phone Number:Z Email: REPRESENTATIVE (IF ANY): Name: Address: Phone Number: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: F'indina of Fact: (Please designate number as denoted in the Examiner's Report) No_ Error C G Correction: Conclusions: No. Error: Correction: Other: No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other: Appeliia&Representative Signature `%tom 5 /_1 U/,tEi�oa Type/Printed Name W 2 / 5-- cDF� Date NOTE: Please refer to Title IV, Chapter S, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal procedures. y Z., wABB A 7 /0A) L -z 5'rg�G'/ rbc lv1J 114, i,JTo iv It, ` a l ,�) A%]6�;/C 3'J 0�(S DIc,rd, P67L(cyIr �iL T �,cJ � � N� � � %U/Lp IVO //-) `T /,c� l � or � C SD.:_ W7-1 c1 ffomt:—:;: -51p 1,� 7 OF yc:�,CJ E Ov/T /v % -7- 'r ,--) ``i��il� /E�,="`�I f3,C-,f I mmms 0 1 CA - CA L CA 44 1 told E3 - 7 IM(P) Airport Way E 1/2 IL(P) cA I lcurn cA CA 7 r% Ob 111! s R. 8 P �u ti 73 CA CD(P) CIA S in ri Qf 11 )) c im xx ZONING P/B/PW TECHMCAL 9MVICES 02nAm, — CA.. 03 - 19 T23N R5E E 1/2 — — — — Rmtcxk ilty LJ=14 CD CD,P) R-1 c C D c OD Ic 0 , C A . oa r CDr A: 11 )) c im xx ZONING P/B/PW TECHMCAL 9MVICES 02nAm, — CA.. 03 - 19 T23N R5E E 1/2 — — — — Rmtcxk ilty LJ=14 C L; CD CD 'CD Fcv-, CD CD,P) R-1 C- P. CD OD OD Ic 0 TOY- oa Uc—ki .4m . ....... . R—IOCP) R-8 -tomj A. C L; CD CD 'CD Fcv-, CD CD,P) C- P. CD c C D D -4 J TOY- oa CD(P . .. . ....... . CLI %m5j;-;n240 1.4wo 18 T23N R5E EXHIBIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. ................................ ES t�S -A Mxal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............. ................................ ES t�S . . . . . . . . . . . . . . . . . . ........ Clarey 419 Whitworth ave, S. 'q Renton, WA 98057 Dear Mr. Kaufman, this letter is in regards to the proposed Condo Project at 409 Whitworth Ave. S. in the city of Renton. We are long time residents in the city of Renton. we reside at 419 Whitworth Ave. S.. this proposed Condo project is out of Character for the neighborhood. it is enormous in size as compared to the single family homes located there. Yes the city has Zoned this neighborhood for Urban Development, but did they take into consideration the existing Residents and their quality of life. Our neighborhood is one of the oldest and best maintained in the downtown area. We all have great pride in our neighborhood and trying to maintain a family orientated neighborhood. Adding a Complex of this size only takes away our quality of life and the wonderful attraction of being able to live in a single family residence within the city limits. Has anyone taken in to consideration our privacy? What about parking and traffic on a dead end street? We ask that you reconsider this proposed project and . March 21, 2008 CERTIFICATE OF MAILING STATE OF WASHINGTON ) COUNTY OF KING ) Michele Neumann, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 21 st day of March, 2008, at the hour of 5:00 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail to all parties of record, notice of appeal filed by Phylliss Webb, Harold Deacy and Capital Homes, LLC/Chris Cirillo of the Hearing Examiner's decision regarding the 409 Whitworth (Condominiums) Site Approval application. (File No. LUA-07-125, SA -H, ECF) Michele Neumann, Deputy City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 21st day of March, 2008. Jason . Seth "`' Notafy Public in and for the State of Washington, residing in Renton Elizabeth Higgins Kayren Kittrick Harold Deacy Development Services Development Services 407 Whitworth Ave S City of Renton City of Renton Renton, WA 98057 Chris Cirillo Capital Homes LLC 20314 132ne Avenue NE Woodinville, WA 98072 Rick & Stephanie Clarey 419 Whitworth Ave S Renton, WA 98057 Alice Deacy 11002 SE 176ts St., Ste. E-201 Renton, WA 98055 Mr. & Mrs. Carl Nordstrom 409 Morris Ave S Renton, WA 98057 Kent Smutny TSA Architects 10800 NE 8'h Street, Ste. 300 Bellevue, WA 98004 Louis Barei 614 S 18tE' Street Renton, WA 98055 Capital Homes LLC 16603 107°i Place NE Bothell, WA 98011 Rosalie Higgins 417 Whitworth Ave S Renton, WA 98057 Pat & Theresa Deacy 14316 SE 184"' Place Renton, WA 98058 Philip Sheridan 2016 S Lucile Street Seattle, WA 98108 Phyllis Webb 249 Seneca Place NW Renton, WA 98057 Amrik Kamoh 9423 NE 130`x' Place Kirkland, WA 98034 Kayser Olaf Willey 835S 143rd Place Burien, WA 98168 Wilma Kozai 415 Whitworth Ave S Renton, WA 98057 Kelly Higgins 417 Whitworth Ave S Renton, WA 98057 Trish Johanson McCarthy GMAC Real Estate 6161 NE 1751h St., Ste. 200 Kenmore, WA 98028 Jeff Wolfson PO Box 6602 Kent, WA 98064 Denis Law, Mayor March 21, 2008 CITY )F RENTON City Clerk Bonnie I. Walton APPEALS FILED BY: Phyllis Webb, Harold Deacy and Capital Homes, LLC/Chris Cirillo RE: Appeal of Hearing Examiner's decision dated 2/4/2008 regarding the 409 Whitworth (Condominiums) Site Approval application, located at 409 Whitworth Av S (File No. LUA-07-125, SA -H, ECF) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code of Ordinances, written appeal of the hearing examiner's decision on the RTC Short Plat application has been filed with the City Clerk. In accordance with Renton Municipal Code Section 4-8-11 OF, the City Clerk shall notify all parties of record of the receipt of the appeal. Other parties of record may submit letters limited to support of their positions within ten (10) days of the date of mailing of the notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, March 31, 2008, NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council's Planning and Development Committee. The Council Liaison will notify all parties of record of the date and time of the Planning and Development Committee meeting. If you are not listed in local telephone directories and wish to attend the meeting, please call the Council Liaison at 425-430-6501 for information. The recommendation of the Committee will be presented for consideration by the full Council at a subsequent Council meeting. Attached are a copy of the appeal and a copy of the Renton Municipal Code regarding appeals of Hearing Examiner decisions or recommendations. Please note that the City Council will be considering the merits of the appeal based upon the written record previously established. Unless a showing can be made that additional evidence could not reasonably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on this matter will be accepted by the City Council. For additional information or assistance, please feel free to call me at 425-430-6502. Sincerely, n Michele Neumann Deputy City Clerk Attachments cc: Council Liaison 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6510 1 FAX (425) 430-6516 This paper conta€ns 50% recycled matenal, 30% post consumer RENTON' AHP.A1) OF THI-, CL,R1V L City of Menton Municipal C( Title 1V Cha ter $ Section 1 10 - A e 4-8-11 OC4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-11 OF: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. if the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-05OF1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-05OF2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) Denis Law, Mayor 13, 2008 Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth, LUA 07-125, SA -H, ECF Request for Reconsideration Dear Mr. Deacy: Hearing Examiner Fired J. Kaufman This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. If this office can provide any additional assistance, please feel free to write. Sincerely, i Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning, Development Services Larry Warren, City Attorney Neil Watts, Development Services All Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 T`•-sa��er;,:pn;ain550'% recye4�7:::�nem�l, ;;9-4�.:nst r..unsainer mss - Denis Law, Mayor 13, 2008 Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth, LUA 07-125, SA -H, ECF Request for Reconsideration Dear Mr. Deacy: Hearing Examiner Fired J. Kaufman This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. If this office can provide any additional assistance, please feel free to write. Sincerely, i Fred Kaufman Hearing Examiner City of Renton FK/nt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning, Development Services Larry Warren, City Attorney Neil Watts, Development Services All Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 T`•-sa��er;,:pn;ain550'% recye4�7:::�nem�l, ;;9-4�.:nst r..unsainer PPEAL TO RE, NTON CITE' COU L OF HEAR ; EXAMINER'S DECISION/RECC IENDATION APPLICATION NAME `rt Oct Q U I T_�-1&,J / - — FILE NO:L++t7i /1 �hr�LG The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated •e t1� * I , 20 0 Rt7,N !"<)jj IDENTIFICATION OF PARTY APPELLANT: Name: k A r;�O LD DEAL Address: Q 7 A u g. Re o to �i 'W A 98c) 5B Phone Number, 4-2-5 Y 228 ( 76 Email: �krj i. 8 h)IJ.3 REPRESENTATIVE (IF ANY): �ECENED Name: ;'.IIV D ERRS nFi C,` Address: Phone Number: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: No. 1 Error: r eAe v c l ee•2 e f, ; Y+ S a Kelcl 7 Correction. `fo u I'e�,ao�l��-I o ►� cl 911 iy sn �ro�-e�f;�h 4_6 r� o i G=rte �f r rrtr� S ct/, (,- S� Y6 C, lzk ---k, d. c C ve f' D n 4' � j b }'�" Ji f1_ 1-12A4 4e_s 5 _ � � n lor4�` J -7-A,,-- 6 ` it �Error: %i�� a/f`C�/h��y!? v►, 1,f� Correction: 3. SUMMARY OF ACTION REQLTESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) �+ � err j U_)9L re,'1 Reverse the decision or recommendation and grant the following relief: 11 EA V,4_05 Modify the decision or recommendation as follows: Fre Ka"', Remand to the Examiner for further consideration as follows: Other: Appellant/Representative Q nature Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-1 10F, for specific appeal procedures. City of Renton Municipal C Title IV, Chapter 8, Section 110 -- Appe 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required. the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050FI, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050172 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10, Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) 2 - - Zc n Q7f(T RENiOK, FER A 8 na G�r ` rITY c ERK� s OFFICs 4v q , fes- L- t A 6-7- 1 2 - EC EG �� .,� fir•—r`-rrr too,- -u ;CAL'- - .- d � (J O- G IJ ��y`z" ��-a--GC-� yrs �w /yyt � GAN 6�=�✓ ��- ��- i + , ,tom- ��.�-<� ��,,.�-��,- c�.�✓ � - 9 - z a o Cry �) ,L�Y>"`l L:C�a-r C'-Ula-r/-r�>✓J 4'(tflzen' G�-�X-vxJ-�i�.�y �.�, Q' J�-� � I� V 0 ,�.�.,..� ,�,.v n ..�..� f.� �-C:v„pit.-�, ;nt�,<.,..G� :ani .h,i--.t,.�..» F,, r..».��.. �:t ti<a� ,¢z,L_ zb'r.-�' ,.f,� �,:/ �, �,„� d ,� jai %-�:�.;y u~<-� �',�.1.[�� M c/ yam., ,��,2 �«�., � �' T � � ,Oc �F mw /-�a-cf Ao , t3:rtX`.c� -„”- ".r `_'"`� �i �� x a�� ti.,�� ; ,,�j �,,�p ,T.a. mak., ,t,ca.. f-��ry,e� un, 0 4L A-ZC� J/� APPEAL TO RENTON CITY COLT OF HEARING EXAMINER'S DECISION/RECOM WNDATION APPLICATION NAME 409 Whitworth (Condorainiurnsj Site A FctC�I+/�� roval FILE NO, L14A16WIRR&A*P,9T The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated February 4 , 2008 . 1. IDENTIFICATION OF PARTY APPELLANT: Name: Capital _Homes, LLC / Chris Cirillo Address: 16603 - 107th Place NE Bothell. WA 98011 Phone Number: 206-669-5413 Email: �cmcirillo yahoo.com REPRESENTATIVE (IF ANY): Name: H. Troy Romero, Justin D. Park Address: 155 - 108th Ave. NE, Suite 202 Bellevue WA 98004 Phone Number: 0425) 450-5000 Email: tromeroArpwfi_rm.com, i��pwfrrm.cam --_ 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific effors or law or fact upon which this appeal is based: see below and additional sheets. Finding of Fact; (Please designate number as denoted in the Examiner's Report) No. Error: Correction: Conclusions: No. 4 Error: The Hearing Examiner erred in concluding that this project would require "tradeoffs" on the applicant's art beyond those already made prior to the Hearing. Correction: The Appl icant has already balanced the interests of Zoning, Site Plan Ordinance and Urban Design Regulations and has mitigated the impact of the proiect sufficiently that it should be approved. Other: Decisions No. 1 Error: The Hearing Examiner erred in requiring Applicant to reduce the height of the proposed structure from 50'4-112" to 48" and from five stories to four. Correction: The proposed structure's height is well under the Zoning limit of 95 feet, and the building has been designed to mitigate the impact of its height. The proposed structure height should be approved. 3. SUMMARY OF ACTION REOUESTED The City Council is requested to grant the following relief; (Attach explanation, if desired) cat� , 1 Reverse the decision or recorn ndation ar►d P ant the fhllnwing i mlief- �� vks'� xx Modify the decision or recommendation as follows: see attached sheet. (� Remand to the Examiner for further consideration as follows: Outer• �f7 , Fork t Chris Cirillo, Manager February It, 2008 Appellant/Representative Signature Type/Printed Name Date NOTE: Please refer to Title N, Chapter 8, of the Renton Municipal Code, and Section 4-8-11017, for specific appeal procedures. City of Renton Munich ode; Title IV, Chanter 8, Section 11 a — AM _ ... . 4-8-1 lOC4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-174, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council -- Procedures 1. Time for Appeal; Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of trailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the 13xaminer for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord, 4389,1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-05OP2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action kcal: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL OF HEARING EXAMINER'S DECISION / RECOMMENDATION APPLICATION NAME: 409 Whitworth (Condominiums) Site Approval FILE NO. LUA 47-125, SA -H, ECF 2. SPECIFICATION OF ERRORS Conclusions: No. 14 Error: The Hearing Examiner erred in concluding that "the proposal is too out -of -scale with its immediate community" and in making statements that a height restriction should be required. Correction: The Applicant has taken all reasonable steps to mitigate the impact of the proposed structure and the structure is in compliance with all Zoning and other regulations. No. 11 Error: The Hearing Examiner erred in concluding that the exterior parking spots should be eliminated and replaced by a landscaped, "open space". Correction: The Applicant has provided sufficient open space in its Site Plan (See Findings of Fact no. 21) and is well within all requisite Zoning and Development Codes. No. 12 Error: The Hearing Examiner erred in concluding that no further modifications of the building would be permissible. Correction: The Applicant should be permitted to make necessary modifications to the plan as needed with Only approval from Staff at Development Services so long as such modifications do not make major material changes to the footprint or impact of the proposed structure. Decisions: No. i Error: The Hearing Examiner erred in deciding that the Applicant would be required to reduce the height of the building to four stories and approximately 48 feet. Correction: The Site Plan elevations should be approved at the specified height of five stories and 60-61 feet. ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITY COUNCIL Page 1 of 2 No. 2 Error: The Hearing Examiner erred in deciding that the Applicant would be required to eliminate the exterior parking spaces and create open space to the rear (west) of the proposed structure. Correction: The Site Plan should be approved with exterior parking to the rear (west) of the proposed structure. No. 3 Error: The Hearing Examiner erred in deciding that the Applicant may not make further modifications to the proposed Site Plan without additional public hearings or new site plan review. Correction: The Applicant may not make major modifications to the Site Plan (defined as those that would alter the scale, height, square footage or footprint) without new site plan review, but all other modifications, if necessary, may be approved through Development Services with no further public hearings or site plan review. 3. SUMMARY OF ACTION REQUESTED. The City Council is requested to modify the decision of the Hearing Examiner as follows: Strike Decisions 1-3, and modify Conclusions 4, 10-12 as indicated above and approve the Site Plan as submitted with an instruction that further modifications may be approved without public hearings or site plan review as set out in the correction to Decision no. 3 above. ADDITIONAL SHEET ATTACHMENT TO APPEAL TO RENTON CITU COUNCIL Page 2 of 2 "PEAT_. TO RENTON CI'T'Y COU I OF HEARINv EXAMINER'S DECISION/RECONaMEN DATION. , i; r• in ICLctivCL. _ APPLICATION NAME, _ FILE I�O?'%�r! Z r The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated B 4� , 20 1. IDENTIFICATION OF PARTY APPELLANT: Name: t3 - -- Address: 2— j � - R4 . A REPRESENTATIVE (IF ANY): Name: Address: Phone Number: GZPhone Number: Email: Email: 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: Finding of Fact: (Please designate number as denoted in the Examiner's Report) No. Error: C Correction: Conclusions: No. Error: Correction: Other: No. Error: Correction: 3, SUMMARY OF ACTION REQUESTED The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: cc; �&fyI W` arc -Co - Modify the decision or recommendation as follows: '?1,z�1 W&kb Remand to the Examiner for further consideration as follows- KIXIA r Q -n Other: Appella epresentative Signature Type/Printed Name Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-5-110F, for specific appeal procedures. City of Renton Municipal .; Title N, Chapter 8, Section 1.10 — App 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord_ 3658, 9-13-82) 4-8-11017: Appeals to City Council — Procedures 1. Time for Appeal; Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to the City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiner's written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050171, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: If, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050172 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) 758 Lr� J� f'L� C�?/4�yf��I� !rJ To /�'�/✓TUGl� f-�1�� ,:-,I�Lc�. Z_ 33 7 -3/4 y c.y i� v4 r 69 /-- F>1 AJOT )2/14/2008 11:01 AM FAX To: All Home Owners! From: Chad Baldwin Re: New Loan Proaram ♦ Urgent * For Review * Please comme Don't get ca r *Please reply ght with your pan s down! 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If you have received this fax in error, or no longer wish to receive faxes, please call 1-866-395-8075 P. 1 of. 1 CITY OF RENTON &C, �City Clerk Division + 1055 South Grady Way '��,N�i� Renton, WA 98057 425-430-6510 ❑ Cash ❑ Copy Fee IA Check No. V-5 ❑ Appeal Fee Description:p WA - Q rj- I A r, Receipt ; ,` q 1044 Date ; i 5 D 5 ❑ Notary Service El Funds Received From: Amount $ Name Address 11 City/Zip vAA City Staff Signature '-Y o CITY OF RENTON U City Clerk Division 1055 South Grady Way ,�0 Renton, WA 98057 425-430-6510 ❑ Cash Xcheck No, Description: . . ❑ Copy Fee ❑ Appeal Fee 1- S -- -c Funds Received From: Name r Address ^ City/Zip Receipt -1048 Date ❑ Notary Service El City *y CITY OF RE NTON Receipt 1049 3 y C�*M City Clerk Division a + 7 + 1055 South Grady Way A Renton, WA 98057 rNV T 0 425-430-6510 Date El Cash 0 Copy Fee El Notary Service N&heck No. d5(Appeal Fee ❑ C Description: I yj Li Funds Received From: Name Address City/Zip Amount $ T5- -iA Xaff Signature T� Ct City Clerk's Office Distribution List '� " Appeal, 409 Whitworth (Condiminiums) Site Approval ,gyp LUA-07-125, SA -H, ECF March 1712008 I Renton Reporter 1 City Attomey Larry Warren 1 City Council * Julia Medze ian 8 Community and Economic Development Alex Pietsch Rebecca Lind Neil Watts Jennifer Henning Stacy Tucker Kayren Kittrick Janet Conklin Larry Mecklin 1 Fire Marshall Dave Par as 1 Fire & Emergency Services Bob Van Horne 7 Planning Commission Judith Subia 1@ Parties of Record see attached list 1 Public Works Department GreggZimmerman I PW/Trans ortation Services Peter Hahn 1 PW/Utilities & Tech Services Lys Hornsby 1 LUA-07-0125 *City Clerk's Letter & POR List only Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth, LUA 07-125, SA -H, EGF Request for Reconsideration Dear Mr. Deacy: CITY, 1" 4, t Hearing Examiner Fred J. Kaufman This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. If this office can provide any additional assistance, please feel free to write. Sincerely, Fred Kaufman kj Hearing Examiner City of Renton FK/nt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning, Development Services Larry Warren, City Attorney Neil Watts, Development Services All Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 -° ?hiap:ape!:r_rwtal::s5o'iore'�Yded rnet�rial.3C-'io pos-ccns;ui - l Denis Law, Mayor �r r March 13, 2008 Harold Deacy 407 Whitworth Ave S Renton, WA 98056 Re: 409 Whitworth, LUA 07-125, SA -H, EGF Request for Reconsideration Dear Mr. Deacy: CITY, 1" 4, t Hearing Examiner Fred J. Kaufman This office has reviewed your Request for Reconsideration and the response follows. This office has to reluctantly abide by its original decision. There needs to be a balancing of interests when the Zoning Code permits more intense uses to encourage changes the City wants in its basic character but elements of the Comprehensive Plan and the Site Plan Ordinances suggest toning down the disparities between older uses and newer uses. This office still believes that reducing the height of the building is a reasonable compromise but it is still a compromise and not all of the profound impacts of this larger scale building can be reduced while honoring the Zoning Code and the vision of a more dense downtown area. You may proceed with your appeal including this letter to the City Council. If this office can provide any additional assistance, please feel free to write. Sincerely, Fred Kaufman kj Hearing Examiner City of Renton FK/nt cc: Chris Cirillo, Capital Homes LLC Kayser Ole Willey, Owner Jennifer Henning, Development Services Larry Warren, City Attorney Neil Watts, Development Services All Parties of Record 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 -° ?hiap:ape!:r_rwtal::s5o'iore'�Yded rnet�rial.3C-'io pos-ccns;ui - l y a CITY 4 RENTON ♦ U7""R ♦ City Clerk , - Denis 1 aw, Mayor Bonnie !. Waltan February 22, 2008 Phyllis Webb 249 Seneca P1: NW Renton, WA 98057 Harold Deacy 407 Whitworth Ave. S. Renton, WA 98058 H. Troy Romero, Justin D. Park 155 108th Ave. NE, Suite 202 Bellevue, WA 98004 Re. Appeal of Hearing Examiner Decision - 409 Whitworth (Condominiums) Site Plan; File No. LUA-07-125, SA -H, ECF Dear Appellant/Representative, Please be advised that a Request for Reconsideration of the Hearing Examiner's decision dated February 4, 2008, was filed with the Hearing Examiner within the allowed time period. Your appeal as filed will remain "pending" in the City Clerk Office until after the Hearing Examiner has issued a response to, the Request for Reconsideration, and after any further appeal period, if so. designated in the response, has ended (estimated to occur 4-6 weeks from now), You will then be contacted by this office to confirm your intent to proceed with your Appeal to Council filing. If I can provide further information or assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk bw cc: Fred Kaufman; Hearing Examiner Larry Warren,.City Attorney Neil Watts, Development Services Director 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6510 / FAX (425) 430=6516 R E N T N AHEAD OF THE CURVE - 9 This paper conlains50% recycled material, 3Q%post consumer AFFIDAVIT OF SERVICE BY MAILING STATE OF WASHINGTON ) County of King ) ss. Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 4"' day of February 2008, affiant deposited via the United States Mail a sealed envelope(s) containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. Signature: OK Ldlej4el SUBSCRIBED AND SWORN to before me this * day of Yi Y r '2008. Application, Petition or Case No. Public in and fo he State of Washington g at e, therein. 409 Whitworth Site Approval LUA 07-125, SA -H, ECF The Decision or Recommendation contains a complete list of the Parties ofRecord. HEARING EXAMINER'S REPORT February 4, 2008 OFFICE OF THE HEARING EXAMINER CITY OF RENTON Minutes OWNER: APPLICANT/CONTACT.- LOCATION: PPLICANT/CONTACT: LOCATION: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Kayser Olaf Willey 835 S 143`d Place Burien, WA 98168 Capital Homes LLC Chris Cirillo 16603-107`h Place NE Woodinville, WA 98072 409 Whitworth (Condominiums) Site Approval File No.: LUA 07-125, SA -H, ECF 409 Whitworth Avenue S Applicant requested Site Plan approval for the construction of a 5 -story condominium building on a 7,199 square foot property. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on January 3, 2008 PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 8, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, January 8, 2008, at 9:01 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Vicinity Map Exhibit No. 3: Existing Conditions Plan Exhibit No. 4: Aerial Photograph of Neighborhood Exhibit No. 5: Zoning Map Exhibit No. 6: East Facade 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 2 Exhibit No. 7: East and South Building Elevations Exhibit No. 8: West and North Building Elevations Exhibit No. 9: Garage Plan Exhibit No. 10: Residential Level 1 Plan Exhibit No. 11: Residential Level 2 Plan Exhibit No. 12: Residential Level 3 Plan Exhibit No. 13: Residential Level 4 Plan Exhibit No. 14: Site Plan Exhibit No. 15: Roof Plan Exhibit No. 16: Landscape Design Exhibit No. 17: Photograph of Site from Whitworth South Property Stake Exhibit No. 18: Photograph of Site from Whitworth Showing North Property Stake -Showing Exhibit No. 19. Jeff Wolfson Letter in support of project by Mr. Exhibit No. 20: Mr. Olaf Wille Printed copy of Statement read by Exhibit No. 21: Seven letters faxed to Ms. Johanson in support of this project. The hearing opened with a presentation of the staff report by Elizabeth Higgins, Senior Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The project is a condominium project and is located in the Center Downtown zone. The zoning changes at the Burlington Northern/Santa Fe Railroad tracks and becomes residential. The property fronts on Whitworth Avenue South and is backed by an alley that runs north/south between Whitworth and Shattuck. It would be located on a single-family residential lot that is one lot south of 4`h Place. McClendon's is located to the west and St. Anthony's Catholic Church is located to the north, on the north side of 4 h Place. The neighborhood has been developed with single-family residential uses since the 1920's, there are some conversions of single-family properties into other uses including office space. The project would have parking on the ground level with four levels of residential units above that. Vehicles would access the parking garage via the alley, there is no access to the garage via Whitworth. There would be open space on the roof level for the residents' use. The building would be approximately 60 -feet tall with articulation on the front and rear facades. The north and south facades would be less articulated. The building would be built up to the north and south property lines to within two feet. There would be setbacks from the east and west property lines. A split rail fence would screen the refuse area and three surface parking areas outside the parking garage. The parking requirement is for 21 spaces, three of the required spaces would need to be outside of the building. The density of the project would be 97 du/acre, building area would be 22,542 square feet including the parking level. The alley would be improved from the southwest corner of the property to S 4'" Place at a width of 16 feet. Fire, Parks and Transportation Fees would be imposed on this project. An avigation easement would also be required from the applicant. 409 Whitworth Site Approval File No.: LUA-07-125 SA -1I, ECF February 4, 2008 Page 3 The Environmental Review Committee submitted a Determination of Non -Significance — Mitigated with 11 measures. No appeals were fled. The project is located in the Center Downtown Designation zone and meets the Land Use Element and Community Design Element of the Comprehensive Plan_ There are some conflicts between policies and development standards throughout this zone. There are requirements to preserve trees, however, there are no trees on the property. It has been asked that an expanded landscape plan be submitted showing the addition of trees and other landscaping. There are no applicable lot size, width or depth standards in this zone. The limitation of coverage on the property by a structure is 75% when parking is provided within the structure. The proposed structure would cover approximately 74% of the property. There are front and rear setbacks, the side setbacks are one foot eleven inches and one foot on the north and south sides. There would be parking and refuse collection in the rear setback, that does not seem to be in conflict with the project. Landscaping has been planned for, and it has been suggested that a trellis and some vines be planted along the side of the building. The front yard setback requirement is 10 feet from the property line for the first 25 feet of building height and above 25 feet the building is to be setback 15 feet from the property line. For this particular project the front setback for the first 25 feet is 10 feet, but it shows a setback of 13'8-112" and levels 2 through 5 would be setback 15'1 -1/2" from the east property line. The Examiner inquired if the front yard setback could be changed through a modification further down the process, as what happened with the project on Williams about a block from City Hall, where the building was redesigned after a public hearing, the public accepted the project and expected the design to be followed, and now the building has turned into something very different. Elizabeth Higgins stated that this project has had several minor modifications. They are required to adhere to the minimum setback requirements. They could request a variance. The criteria for site plan review includes mitigation of impacts to surrounding property uses. There are some conflicts between the criteria and what is allowed. This is the first significant impact on a neighborhood in this area. It will be a noticeable and visible impact. There definitely has been an attempt to have the face of the building compatible with the character of the neighborhood, it's not just a blank wall on the eastern side. People living on either side are most likely going to remain. Smaller lots probably could not be developed with a project of this size. They did meet with the project proponent and suggest they try to incorporate the abutting properties into the project, especially the property to the north. It appears that the property to the north could not be developed with a similar project due to the size. Photographs of the site showing the north and south property stakes were viewed showing how the proposed building would impact these adjacent properties. One of the criteria states that there should not be any blank walls, it is not clear if blank walls are permitted on sidewalls. The Environmental Review Committee was concerned about the increase in traffic in the neighborhood. This is a dead end street and alley. There would be a restriction on parking on S 4h Place, so that cars pulling out of the alley or out of Whitworth would have clear visibility on S 4a` Place. A homeowners association was recommended for the maintenance of the building and property. 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 4 Kent Smutny, TSA Architects, 10800 NE 8`h Street, Ste. 300, Bellevue, WA 98004 stated they are the architects for this project. He brought boards that show rough views of the project. They illustrate how the building is being stepped. The building steps back I' l l" from the north property line, further back on that same side the building is basically at the property line. A trellis could be constructed on the side of the building to help lessen the impact of that wall. Further to the west on the north side, reveals could be added to help minimize the. impact. Above the parking level the middle of the north wall is set back 5 feet from the property line. The northeast corner of the building is stepped back 12 feet from the north property line and the northwest corner is set back 9 feet from the north property line. At the southeast corner at ground level the set back is one foot and again a trellis and vine could be added to lessen the impact. Seven and a half feet back from the south property line in the front is the elevator shaft. The top floor on the southwest comer is set back 19 feet from the south property line. Above the 25 -foot level the areas projecting out from the building are bay windows and overhangs. Jeff Wolfson, PO Box 6602, Kent, WA 98064 stated that he is a landowner in the Benson Hill Community. The planned development meets all building criteria for the downtown corridor development and offers future homeowners easy access to downtown Renton and all basic needs and services. All necessary utilities are available to this project. The creation of affordable housing will bring new homeowners to the downtown area. Olaf Willey, 103 Logan Avenue S, Renton, WA 98057 stated that he is the owner of this property and read a statement in support of this development, which will make more affordable housing available. Five out of 14 properties on the street are owner occupied. Downtown living affords the residents access to all the City has to offer. Amrik Kamoh, 9423 NE 130'h Place, Kirkland, WA 98034 stated that he owns property at 109 Logan Avenue and supports the development of this property. He feels this improvement is important to the people in the downtown area, more people will revitalize the downtown businesses in the City of Renton. Wilma Kozai, 415 Whitworth Avenue S, Renton, WA 98057 stated that she lives in the house just south of this proposed condominium_ This large structure will be one foot away from her house, she will no longer have any privacy in her yard with the decks that will protrude from the building. The elevator will be located very close and she has no idea of the noise when that runs day and night. She was also concerned about the back alley and her access to her garage, there is very little room now for her to access her garage, but with the construction of this building, she may have even less access. She further questioned if this site was in the Downtown Core or the Mixed Use Zone, there seems to be a conflict in the staff report. No one ever talked to her about selling her property, or how this building would impact her, or anything else. She does not approve of this project. _Matt Deacy, was speaking for his parents Mr. and Mrs. Harold Deacy who reside at 407 Whitworth Avenue S, the house to the north of this project. There are several references in the report to the adverse impacts to their property. Harold Deacy has lived in this house his entire life, his father build the house in 1925. Harold Deacy's hobby for the last 50 years has been gardening, this construction will block the sun from his house and will eliminate the use and enjoyment of his property. They recognize that the zoning has changed and developments are allowed, they just didn't realize how great the negative impact would be on them. No one has made any offers to them nor have they been contacted by anyone. They had no idea that this project was even being considered. They request that the City not approve this project. Louis Barei, 614 S 18`' Street, Renton, WA 98055 stated that he owns the house at 417 Whitworth Avenue S, the house was built in 1926 by his grandfather. He understands that progress must be made in the City of 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 5 Renton, however his primary objection is that the very first development is an interior lot impacting everybody both north and south. Even trough he is two houses away, the impact will still be on his property. The property value is only part of the issue, the quality of life is very important. If you own property next to a condominium and people don't want to live next to it, that diminishes the value of the property. It seems reasonable that in the future people will not want to be living in his rental property_ The increase in property value will only increase property taxes. This project damages rather than enhances his property. The neighborhoods have to be thought about and protected, it is the duty of the City to do that and if the City does not do that, then they are all lost. What is allowed does not always turn out to be what is necessary. Elizabeth Higgins stated that the proposed set back from Ms. Kozai's property is about a foot and a half from the property line not from the house to the south. She does have a side yard of about four feet. If a building is constructed right on the property line, would there need to be a construction easement on the abutting properties in order for the forms to be put in for the pouring of concrete for foundations. The Examiner stated that he was not sure, one would presume that there were be various easements between property owners. There also has to be maintenance, anything built on that property, the construction crew cannot intrude into the neighboring property to the north or south to build this without the owner's permission. Elizabeth Higgins further stated that when she said she understood that other people in the neighborhood wanted to stay in their homes, that was from the calls and letters that were sent to her. She did not initiate any conversations with the neighbors_ It also was her understanding that the neighbors were approached and conversations had been had regarding this project. Rosalie Higgins, 417 Whitworth Avenue S., Renton, WA 98057 stated she has Iived there 16 years, she attends St. Anthony's Church and enjoy all her neighbors. Her daughter lives next door at 419 Whitworth and another daughter owns the house at 420 Whitworth. This project is way too huge for the neighborhood. It will impact the traffic and parking. Many times when she comes home from grocery shopping and there is no available parking on her street. Access to the alley is blocked with people picking up their children from school. Stephanie Clarey, 419 Whitworth Avenue S, Renton, WA 98057 commented on the statement made by Elizabeth Higgins regarding the project on Williams Ave and the fact that new zoning has gone through to prohibit future structures from protruding onto the sidewalk in that neighborhood. Ms. Higgins further stated that she sees that happening to this neighborhood. That would mean that once this project is built, the zoning could be changed and then even more so the property values would go down. Also in the Renton Magazine the last issue talked about the Historic Districts within the City of Renton, it listed the Renton High School, Uptown Glassworks, Old Milwaukee Station, and of the downtown Renton churches all which are within a one -mile radius of our neighborhood. Is there a way that the Washington State Historic District could have the neighborhood preserved as part of the original history of Renton. The Examiner stated he could not answer that, they would have to speak to someone else. Timing is a great issue, the applicant is working with the owner and they are entitled to develop at the current zoning, it is called vesting. In reviewing the project he may determine that it should be scaled back because it doesn't integrate well in the existing community or the project may be determined appropriate given the fact that the Comprehensive Plan does suggest change for this area and the first change is always very dramatic, he will consider the testimony along with the building form, its massing and scale and make a decision. The neighbors or applicant both have the right to ask for a reconsideration of the decision if they think there was an error made, or they may appeal to the Council and point out anything wrong with the project, the Council could overturn the Examiner's decision, and beyond that, people could take the whole matter to court. 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 6 Katherine Deacy, 407 Whitworth Avenue S, Renton, WA 98057 stated that she wonders what the City is thinking, they told the residents to fight this all the way. Then they told the developers to go higher, they started with three stories. Katon Kittrick, Development Services stated that discussions from the ERC showed concern about the sight distance coming off the alley. She was interested in hearing from Rosalie Higgins that the St. Anthony's parents are parking over there and that is not supposed to be happening. The alley would be paved out to 16 feet, but that does not allow parking, it is for access only. During construction, access is required to be maintained, however they will be allowed to have traffic control plans, during paving, etc. there will be times when the alley will have to be closed in order to work on it. Olaf Willey stated that on May 17, he had Trish Johanson, his realtor, submit an offer to Deacy's, they spoke with them and the offer was mailed, his mother went to the local retirement community and spoke with them and checked into an annuity so they not only could purchase the property outright for $500,000. There was an option of selling both properties at the same time which would have meant $450 plus another $100 in cash at closing, which would have been $550,000 plus they would have gotten an annuity and the money would have paid for retirement for 10 years and at the end of that period, there would have been a lump sum left. This was more than a simple purchase and sale agreement. He did not speak to the neighbors to the south, he was out of the loop at that point. Matt Deacy stated that his parents never got anything in the mail about an offer, they had talked to Trish with the understanding that there was a party that was interested in the house, but they did not realize that they were dealing with a developer. The original story was that this individual had bought the house so his parents could move up from Portland. They had no idea that a 5 -story building would be built next door to them. Trish Johanson, Realtor, 6161 NE 175"`, Ste. 200, Kenmore, WA 98028 stated that the person who purchased this property did want his parents who visited from Portland to stay there. Down the road things changed, there was an interested party in the property and that is where the developers came about. She further submitted faxed letters in support of this project. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 10:55 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The applicant, Capital Homes LLC, Chris Cirillo, filed a request for a Site Plan approval. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit #1. 3. The Environmental Review Committee (ERC), the City's responsible official issued a Determination of Non -Significance - Mitigated (DNS -M). 4. The subject proposal was reviewed by all departments with an interest in the matter. 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 7 5. A number of neighboring property owners opposed the project as too large and tall and introducing too much traffic into the neighborhood. They were particularly concerned about shadowing and shading of adjacent parcels as well as the loss of privacy from a tall building overlooking their homes and private yard space. There was concern that such a large building would make other properties on the block less hospitable, both owner -occupied homes and rental units for tenants. 6. The subject site is located at 409 Whitworth Avenue South. The property is located on the west side of Whitworth one lot south of S 4th Place. An alley runs along the rear or west side of the lot and Shattuck Avenue South is located west of the alley. Whitworth is a deadend street in this location with the railroad tracks located south of the block. The alley also deadends to the south. 7. Saint Anthony's church is located north of S 4th Place. A single family home with a large south yard and garden is located north of the subject site. Single-family homes are located east of the site across Whitworth and south of the subject site. West, across the alley, are additional single-family homes and an office. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of urban center - downtown uses, but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is currently zoned CD (Center Downtown). 10. The subject site was annexed to the City with the adoption of Ordinance 156 enacted in May 1909. 11. The subject site is approximately 7,199 square feet. The parcel is 60 feet wide along Whitworth by 119.99 feet deep. 12. The subject site is level. There is no significant vegetation on the site. An existing two-story, single family home is located on the subject site. The home would be removed if the proposal were approved_ 13. Access to the front of the property is along Whitworth on the cast and to the rear of the parcel along the alley on the west side of the parcel. The alley is a partially improved roadway 16 feet wide. 14. The applicant proposes erecting a condominium complex on the subject site. The building would contain 16 residential units in a five -story (5 -story) building. 15. The building would be 60 feet 4-112 inches tall. The CD zone permits buildings 95 feet tall (with provisions for taller buildings). 16. The proposed building would cover 74 percent of the site. The zone permits 75 percent coverage when structured parking is used. Most of the parking, 18 stalls, would be contained in a first -level garage, with three (3) surface parking stalls in the rear, outside of the building. 17. The front yard or east setback would be 13 feet 8-112 inches at ground level and 15 feet 1-112 inches above that. The front yard setback requirement in the CD zone is 10 feet from the property line for the first 25 feet of building height and above 25 feet the building is to be setback 15 feet from the property line. Projections of roofs and decks above ground would intrude into the setback approximately 2 to 4 feet. The proposed "projections" would require a variance, which has not been approved. 409 Whitworth Site Approval File No.: LUA-07-125 SA -II, ECF February 4, 2008 Page 8 18. The side yard setbacks would be one foot on the south side and 1 foot 11 inches on the north side, at ground level. The setbacks would increase above ground level and vary due to articulations or modulations in the facades above the ground level. No side yard setbacks are required unless it would be along a street. The CD zone permits zero setbacks and allows buildings to attach to one another. 19. The rear or west side setback would be 15 feet 2-112 inches. It would be used for three surface parking stalls and garbage collection. No rear yard is required unless it abuts a residential zone. 20. The entire structure would contain 22,542 gross square feet. 21. Open space is provided within the building envelope on the south side of the Sth floor, 311 square feet, and the east side of the roof, 1,594 square feet. 22. The density for the building would be 97 dwelling units per acre. The CD zone permits a maximum density of 100 dwelling units per acre (and up to 150 with a Conditional Use Permit). 23. The building's exterior treatment would consist of split -face, 8 inch by 16 inch, cement masonry units (CMU) on the lower levels and Hardie siding and Hardie panels with 2 by 2 battens on the upper levels. The roofs would be shed or pitched with asphalt shingles. Vinyl framed windows would be provided with more windows on the east and west facades facing the street and alley and fewer windows on the north and south where future adjacent development could potentially block views. Balconies would be located on the east and west facades, again, opening out to the street and alley, respectively. The building will be articulated and will be stepping in on its upper stories. 24. The main entrance and elevator bay would have architectural features along Whitworth but the parking garage would be the dominant ground level element. It would have metal louvers over parking garage wall openings and a built-in planter box will provide some landscape screening of the parking garage facade. 25. The applicant has proposed incorporating three trees in the front yard area that staff noted are very small in size and not suited to an urban, five -story building. They proposed no street trees although code and comprehensive plan provisions require street trees. The applicant suggested that trellis elements could be included along the north facade to introduce some landscaping materials in this area. 26. The project would generate approximately 80 new daily vehicles trips with 6 peak hour trips in the a.m. and 7 peak hour trips in the p.m. 27. The subject site is located in the Airport Influence Area (AIA) and below the flight path to and from Renton Municipal Airport. It will not intrude into the airspace but will be affected by flight noise. Therefore, avigation easements would be required for each residential unit. 28. In addition to the Site Plan approval criteria, the subject site is subject to the District 'A' Urban Design Regulations. The design regulations contain both discretionary guidelines and mandatory minimum standards. 29. The City has adopted a series of policies and goals in its Comprehensive Plan regarding development of urban and urban downtown areas. It also has adopted Urban Design Standards. Some of those policies and standards are shown below with particular emphasis supplied to those policies that address the type of development that is proposed in this case - a large-scale structure adjacent to older, small-scale homes: Policy LU -229. Encourage the most intensive development in the Downtown Pedestrian 409 Whitworth Site Approval File No.: LUA-07-125 SA -11, ECP February 4, 2008 Page 9 District and Downtown Core with a transition to lower -scale commercial and residential projects in areas surroundin the Downtown Core. Policy CD -13.1: Project design, including location of access and dimensions of yards and setbacks, should address privacy and quality of life on existing improved portions of sites. Rear and side yard setbacks should be maintained and not reduced to facilitate increased densit . Policy CD -17: Development should be designed (e.g. site layout, building orientation, setbacks, landscape areas and open space, parking, and outdoor activity areas) to result in a high quality development as a primary goal, rather than to maximize density as a first consideration Policy CD -18: Projects should only be approved at the upper end of density ranges when the following criteria are fully addressed in project level submission. i) Trees are retained, relocated, or planted to create sufficient vegetative cover to provide a landscape amenity, shade, and high quality -walking environment in an urban context. ii) Lot size/configuration and lot coverage is sufficient to provide private recreation/outdoor space for each resulting lot. ill) Structures can be sited so that entry, window, and door locations create and maintain privacy on adjoining yards and buildings. Architectural and landscape design should: C Prevent window and door openings looking directly into another structure Prevent over -reliance on fencing, or Prevent projections of building elements into reguiTed setbacks in a pattern that reduces provision of light, visual separation, and/or require variances or modification of standards. Densitv may be reduced within the allowed range to bring projects into compliance with these criteria. Policy CD -25: Site design should address the effects of light, glare, noise, vegetation removal, and traffic in residential areas. Overall development densities may be reduced within the allowed density range to mitigate potential adverse impacts. Policy CD -40: Structures should be designed (e.g. building height, orientation, materials color and bulk) to mitigate potential adverse impacts, such as glare or shadows on adjacent, less intense land uses and transportation corridors. 30. Similarly, the provisions of the Site Plan Ordinance and those sections pertinent to the context of this project and its surroundings and emphasized below: Section 4-9-200 (A) (2). Site Plan Review: Theup rpose of the Site Plan process is the detailed 409 Whitworth Site Approval Dile No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 10 arrangement of project elements so as to be compatible with the physical characteristics of a site and with the surroundin area. An additional purpose of Site Plan is to ensure quality development consistent with City goals and policies. For those developments that do not require Master Plan first, Site Plan Review should occur at an early stage in the development of a project, when the scale, intensity and layout of a project are known. The intent of the tiered site development plan review process is to provide an opportunity to review projects at broad levels for the Master Plan and with increased specificity as development plans becomes refined to the level of Site Plan. Intent statements below shall guide review of the plans at specificity appropriate to the level of review. 1. To promote the orderliness of community growth, protect and enhance property values and minimize discordant and undesirable impacts of development both on- and off-site; 2. To promote high quality design meeting criteria set forth in the City's Urban Center Design Overlay, where applicable; 3. To protect and enhance the desirable aspects of the natural landscape and environmental features of the City; 4. To ensure convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas, and ensure that road and pedestrian circulation systems implement land use objectives for the zone in which the project occurs; 5. To promote coordination of public or quasi -public elements, such as walkways, driveways, paths, and landscaping within segments of larger developments and between individual developments; 6. To protect neighborin-a owners and uses by assuring that reasonable provisions have been made for such matters as sound and sieht buffers, light and air, and those other aspects of site plans which may have substantial effects on neighboring land uses; 7. To minimize conflicts that might otherwise be created by a mix of uses within allowed zones; 8. To provide for quality, multiple family or clustered housing while minimizing the impacts of high density, heavy traffic generation, and intense demands on City utilities and recreational facilities; 9. To provide a mechanism to more effectively meet the purposes and intent of the State Environmental Policy Act; 10. To supplement other land use regulations by addressing site plan elements not adequately covered elsewhere in the City Code and to avoid violation of the purpose and intent of those codes. (Ord. 3981, 4- 7-1986; Amd. Ord. 4802, 10-25-1999; Ord. 5028, 11-24-2003) (E) DECISION CRITERIA FOR SITE PLAN AND MASTER PLANS: The Reviewing Official shall review and act upon plans based upon a finding that the proposal meets Comprehensive Plan objectives and policies and the criteria in this subsection and in subsection F of this Section, as applicable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to discourage creativity and innovation. Review criteria include the following: 1. General Review Criteria for Both Master Plans and Site Plan 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 11 Review: a_ Conformance with the Comprehensive Plan, its elements, goals, objectives, and policies. In determining compliance with the Comprehensive Plan, conformance to the objectives and policies of the specific land use designation shall be given consideration over citywide objectives and policies; b. Conformance with existing land use regulations; c. Miti-2ation of impacts to surrounding properties and uses; d. Mitigation of impacts of the proposed site plan to the site; e. Conservation of area -wide property values; f. Safety and efficiency of vehicle and pedestrian circulation; g. Provision of adequate light and air; h. Mitigation of noise, odors and other harmful or unhealthy conditions; i. Availability of public services and facilities to accommodate the proposed use; and j. Prevention of neighborhood deterioration and blight. Section RMC 4-9-200F: (F) ADDITIONAL REVIEW CRITERIA FOR SITE PLAN REVIEW: The interpretation of the following criteria, particularly references to the "intent of the zoning code," shall consider the purpose and intent of the applicable land use designation of the Land Use Element and the Objectives and Policies of the Community Design Element of the Comprehensive Plan. The Community Design Element is specifically intended to guide the interpretation of issues concerning the site planning, architectural fit, landscaping, and the context of the project relative to the existing neighborhood. Approval of plans subject to these criteria requires the additional finding that the project complies with the intent and policies of the Land Use and Community Design Element of the Comprehensive PIan. 1. Review of Impacts to Surrounding Properties and Uses: a. Mitization of undesirable impacts of proposed structures and site layouts that could impair the use or enjoyment or potential use of surrounding uses and structures and of the community; b. Mitization of undesirable impacts when an overscale structure, in terms of size, bulls, height, and intensity, or site layout is permitted that violates Zoning Code standards and the policy direction adopted in the Comprehensive Plan and impairs the use, enioymen_ t_ or_potential use of surrounding properties; c. Provision of a desirable transition and linkage between uses and to the street, utility, walkway, and trail systems in the surrounding area by the arrangement of landscaping, fencing and/or other buffering techniques, in order to prevent conflicts and to promote coordinated and planned benefit from, and access to, such elements; d. Consideration of placement and scale of proposed structures 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 12 in relation to the natural characteristics of a site in order to avoid over concentration of structures on a particular portion of a site such that they create a perception of greater height or bulk than intended under the spirit of the Zoning Code; e. Promotion of the efficient function of parking and service areas by effective location, design and screening, to provide integrated facilities between uses when beneficial, to promote urban layouts in appropriate zones, and to prevent unnecessary repetition and conflict between uses and service areas or facilities; f. Mitigation of the unnecessary and avoidable impacts of new construction on views from existing buildings and future developable sites, recognizing the public benefit and desirability of maintaining visual accessibility to attractive natural features and of promoting urban settings in appropriate zones; g. Provision of effective screening from public streets and residential uses for all permitted outdoor storage areas (except auto and truck sales), for surface -mounted utility equipment, for rooftop equipment, and for all refuse and garbage containers, in order to promote an urban setting where appropriate and to preserve the effect and intent of screening or buffering otherwise required by the Zoning Code; and h. Consideration of placement and design of exterior lighting in order to avoid excessive brightness or glare to adjacent properties and streets. 31. Staff found that: "Privacy and quality of life on abutting lots would be affected, as would solar access, a quality of life issue, to property adjacent to the east" (Staff Report, Bottom of Page 10). At Page 11 of the Staff Report is the following quote: "Site planning is the art and science of arranging structures, open space, and non-structural elements on land in a functional way so that the purpose of the development can be met, while keeping those elements in harmony with each other and with the context of the project." 32. Neighbors indicated that the proposal was initially not as tall but that some staff encouraged the applicant to increase the height of the proposal to achieve greater density. CONCLUSIONS: The subject proposal presents a quandary. An applicant is generally entitled to develop their property as it is zoned. This applicant was encouraged to develop it at maximum density. At the same time neighboring property owners and neighboring residents are also entitled to the continued enjoyment of their residences and these neighbors are entitled to the protections of regulations such as the Site Plan Ordinance and the Urban Design regulations that govern development. It is clear that the Zoning provisions for the CD zone permit the use, its bulk, its very narrow side yards and its height. If Zoning prevails and all else is for naught that would be the end of the review. But then what is the purpose of the Site Plan Review, permit and approval process? Why have Urban Design regulations? It is clear that other factors have to be considered before a use is permitted on property zoned CD. That is where factors such as height, scale, bulk, and impact on the neighboring property are to also be considered. That means balancing the applicant's right to develop the CD zoned site against the impacts that 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 13 development of the site will have on the site and its neighbors. 2. It seems appropriate at this juncture to note that the project appears to be generally well designed. It steps back as it increases in height, it has included an interesting mixture of facade materials, it includes modulations and articulated surfaces and has varied rooflines. If the project had been proposed for Burnett Avenue South in the vicinity of South 3rd and 4th Streets, it would immediately blend in. The project has not been proposed for that generic Burnett Avenue location. It has been proposed on an interior lot at the very edge of the urban core. It would be 60 feet tall while its neighbors are barely 30 feet tall. It would be sandwiched in between two low-rise single-family homes. It would have very small side yards. It would have blank wall elements facing its northerly and southerly neighbors. It would shade those homes and block light and would peer into the private yards of those adjacent homes. 2. The question is how does one encourage the redevelopment of an area, community or in the most intimate situation, like this block to meet the policies and goals enunciated in the comprehensive plan without ripping apart the fabric of the community. The answer is you can't redevelop an area while providing some protection to the adjacent properties unless you exercise the discretion afforded by the Site Plan Ordinance and Urban Design Standards. Staff seemed reluctant to do that given the sometimes conflicting goals set by the City in its policy documents. It is ironic that in the case of a Monopole 1 structure, the staff denied a permit on an administrative appeal and denied the monopole application on aesthetic reasons (File LUA-07-65, CU -A). In that case, the applicant was seeking to install an approximately 1-2 feet diameter pole that was 60 feet tall in place of a 40 -foot pole. The pole would have been approximately 30 feet taller than the surrounding single- family homes. Albeit, that proposal was located in an R-8, Single Family Residential zone, but nonetheless, the aesthetics are the central focus of the denial. Here we have a proposal to erect a five - story, 60 -foot tall condominium building that will span almost the width of the lot. It will leave side yards less than two feet wide immediately adjacent to one-story and two story homes. The aesthetic impacts of the current proposal on its neighbors are huge. So does the fact that the zoning for the area allows 95 -foot tall structures outweigh all other factors? This office has to conclude that the Zoning Code is tempered by the additional requirements and specifically the Site Plan and Urban Design Review criteria. There are a number of criteria that basically govern the melding of the new with the old. 4. The review of this project cannot be done without noting that tradeoffs are required. Some of the tradeoffs would have to be on the applicant's part. That is because of the intrusive nature of this much taller, much bulkier building and that it is the first such conversion in this area, thereby making it most intrusive. But some tradeoffs would have to be on the part of the neighbors who have to accept that change to their rezoned neighborhood is inevitable. Balancing those competing elements should be governed by the guiding principles of the Comprehensive Plan, which is cited as one of the first references in the Site Plan criteria. It is easy to see why staff believed that the provisions of the comprehensive plan were not specifically codified since there are hundreds of policies and objectives and including each in the Site Plan Ordinance would be impossible. Rather, the Site Plan Ordinance does contain the following provision: "compatible with the comprehensive plan." 6. One of the issues here is that the comprehensive plan provides what some might term contradictory elements. In this case for example those conflicts might be: to encourage change and redevelopment at an increased density and to transition to urban type uses, while at the same time, integrating new 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 14 development into an existing community and possibly not build out and completely diminish existing yards eliminating the separation between uses, avoid shadowing and shading. Also, the comprehensive plan suggests avoiding deterioration and blight. As noted by a number of neighbors, unless or until immediately abutting or nearby properties are redeveloped, this rather large, almost lot line to lot line complex will make the immediate neighborhood less desirable and may lead to fewer interested tenants or less desirable tenants. 7. If the Zoning Code's land use designation is the only binding criteria for reviewing a project, that is, CD zoning permits buildings 95 feet tall, and requires no side yard (or lot line to lot line), what, frankly, are the other criteria doing in the Site Plan Ordinance? What is the import of having provisions that asks about "mitigation of impacts on surrounding properties and uses", "conservation of property values", "provision of adequate light and air"? What discretion results from these review criteria? If none and they are merely to describe such impacts and then let them play out, then they are a waste of ink and time. It would appear that these criteria do have significance and that significance is that if a project is not compatible with the goals and policies of the comprehensive plan, if a project creates impacts on "surrounding properties and uses", if a project does not provide "adequate light and air" the project may be conditioned to relieve some of those impacts or lessen the shadows and shading and it may even be denied. It would seem that there is discretion to impose reasonable conditions on the project including reducing its overall size in order to reduce its impact on the community and more importantly on its immediate neighbors. The issue then is what can be done to reasonably mitigate the impacts of this over -scale building on its neighbors while allowing the applicant reasonable use of its CD -zoned property? Will reducing the height of the building one-story provide reasonable relief or is it merely a pacifier to the community? Attempting to reduce the width of the building and provide more spacious side yards might seen appropriate but would require a major, costly redesign. Any reduction in the building would probably reduce the number of units or the number of larger units. But a unit reduction might also reduce the necessary parking and could even free some ground floor space to the rear of the building and provide ground level open space to complement the open space on the upper floors in compliance with Policy CD -18. In addition, reducing the number of units will also reduce the amount of the traffic that the project will generate in the community and along the deadend alley that serves both the proposal and its single -family neighbors. Actually, as the transition of this area occurs, that very limited alley could very well be very taxed by traffic from much denser housing such as is now proposed. 9. The applicant has proposed projections into setback areas that would require a variance or variances and that is not appropriate given the directions of Policy CD -18: "Prevent projections of building elements into required setbacks in a pattern that reduces provision of light, visual separation, and/or require variances or modification of standards." 10. Redevelopment of the site and the area is inevitable. Given that conclusion, the proposal does accomplish many of the goals and policies of the comprehensive plan and satisfies many of the criteria provided by the Site Plan Ordinance, which provides additional criteria for District A housing and even many of the criteria of the Urban Design Guidelines including its mandatory elements. But, as noted above in the Findings and the highlighted criteria, the highlighted policies and previous Conclusions, the proposal is too out -of -scale with its immediate community. It is not compatible and does not blend in. It does not transition development. It ungracefully wedges itself into an existing block of single-family homes. The proposal would blend in better, although, never perfectly, if it were reduced in height as noted above. Again, it would be an even better fit if it had larger setbacks from its neighbors, but here, this office has to agree with staff - the applicant is entitled to develop the site at an increased density and bulk and not put to too much additional expenditure of time and money to drastically redesign the entire 409 Whitworth Site Approval File No.: LUA-07-125 SA -H, ECF February 4, 2008 Page 15 complex. Therefore, this office finds it reasonable to reduce the height of the building by one-story. The project will be approved as a four-story building, approximately 48 feet tall. 11. As shown above, reducing the height should reduce the need for the exterior parking. The applicant shall create a landscaped open space to the rear of the structure in place of its proposed exterior parking. The applicant shall also provide relief from its proposed blank walls along the north and south facades since blank walls are not permitted. The applicant shall also redesign those aspects of the building's projected elements that would have required a variance. As noted, variances to permit such features are not favored. There are other ways to reduce a building's apparent bulk that do not actually increase its bulk or intrusions into required setbacks. 12. Finally, the public has been shown a building plan with articulations, modulations and certain design elements and other than reducing the height of the building and blending those upper elements where the reduction occurs, providing trellis or landscape relief along the north and south facades, the applicant shall not modify the building further. This office has noted at the hearing that the project along Williams between South 4th and South 5th was presented at Public Hearing as an entirely different design and slowly transitioned into a building that addresses the streets and its neighbors with blank concrete parking garage walls rather than ground floor entries that had plantings, steps and graceful design elements that blended with its surroundings. Similar modifications should not be permitted for this project. DECISION: The Site Plan is approved subject to the following conditions: The applicant shall reduce the height of the building to four -stories and approximately 48 feet tall. 2. The applicant shall provide open space to the rear (west) of the building in place of the exterior parking. Other than reducing the height of the building and blending those upper elements where the reduction occurs, providing trellis or landscape relief along the north and south facades, the applicant shall not modify the building further with additional public hearings or a new site plan review. 4. An exterior lighting plan shall be submitted to the Development services Division for approval prior to the issuance of building permits. A "material board" shall be submitted, prior to issuance of a building permit, to the attention of the Development Services Department plan reviewer. This submittal shall include materials, finishes, and colors for all exterior building elements. 6. A detailed landscape plan shall be submitted, to the attention of the Development Services Department plan reviewer prior to issuance of a building permit, indicating the final landscaping of the project site. 7. A homeowners' association shall be created in order to establish maintenance responsibilities for all shared improvements. A draft of the document shall be submitted to the City of Renton Development Services Division for review and approval by the City Attorney and Property 409 Whitworth Site Approval File No.: LUA-07-125 SA -I -I, ECF February 4, 2008 Page 16 Services section prior to issuance of the building permit and shall be recorded prior to occupancy. ORDERED THIS 4'n day of February 2008. FRED J. KA AN HEARING EXAMINER TRANSMITTED THIS 4'h day of February 2008 to the parties of record: Elizabeth Higgins Development Services City of Renton Chris Cirillo Capital Homes LLC 20314 132ne Avenue NE Woodinville, WA 98072 Rick & Stephanie Clarey 419 Whitworth Ave S Renton, WA 98057 Alice Deacy 11002 SE 176'h St., Ste. E-201 Renton, WA 98055 Mr. & Mrs. Carl Nordstrom 409 Morris Ave S Renton, WA 98057 Kent Smutny TSA Architects 10800 NE 8'h Street, Ste. 300 Bellevue, WA 98004 Louis Barei 614 S 18'h Street Renton, WA 98055 Kayren Kittrick Development Services City of Renton Capital Homes LLC 16603 107'h Place NE Bothell, WA 98011 Rosalie Higgins 417 Whitworth Ave S Renton, WA 98057 Pat & Theresa Deacy 14316 SE 184'h Place Renton, WA 98058 Philip Sheridan 2016 S Lucile Street Seattle, WA 98108 Phyllis Webb 249 Seneca Place NW Renton, WA 98057 Amrik Kamoh 9423 NE 130'h Place Kirkland, WA 98034 TRANSMITTED THIS 4'' day of February 2008 to the following: Harold Deacy 407 Whitworth Ave S Renton, WA 98057 Kayser Olaf Willey 835 S 143r4 Place Burien, WA 98168 Wilma Kozai 415 Whitworth Ave S Renton, WA 98057 Kelly Higgins 417 Whitworth Ave S Renton, WA 98057 Trish Johanson McCarthy GMAC Real Estate 6161 NE 175h St., Ste. 200 Kenmore, WA 98028 Jeff Wolfson PO Box. 6602 Kent, WA 98064 Mayor Denis Law Robert Van Horne, Deputy Fire Chief Jay Covington, Chief Administrative Officer Larry Meckling, Building Official Julia Medzegian, Council Liaison Planning Commission Gregg Zimmerman, PBPW Administrator Transportation Division 409 Whitworth Site Approval File No.: LUA-07-125 SA -11, ECF February 4, 2008 Page 17 Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title N, Chapter 8, Section I QOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., February 18, 2008. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title N, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writinE on or before 5:00 .m. February 18 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be re aired prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private ane -on -one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. H w � a H w z M -Fl ' E3 - 7.1-23N R5E E 1/2 CA CA ,to CA nm c� A CA CA-' ! G3 19 T23N R5E E 1/2 ZONING — — — — ]Renwn dity Limit P/8/PW TECHNICAL MVWM OVUM "c D C C CD Lj CD C CD CD(P> cl) -,ID , F P- c C i lj�i / ...ca Z. c 0 2:4000 18 T23N R5E z N EXHIBIT 5 ON k'. Fred Kaufman - Re: 409 Whitworth page 1 From: Fred Kaufman To: Alexander Pietsch Subject: Re: 409 Whitworth All correspondence with this office regarding pending land use applications must be part of the public record. Your email and this response will be placed in the official file. Please refrain from replying to this email as that would generate another series of printouts and replies. >>> Alexander Pietsch 02/05/08 10:37 AM >>> Fred... thank you for your well reasoned decision on this project. Indeed, urban infill development is a balancing act and I appreciate your recognition of the importance of site plan review and the design guidelines as tools that should be utilized to assist in projects such as this. Fred Kaufman - 409 Whitworth From: Alexander Pietsch To: Fred Kaufman Date: 2!512008 10:37:03 AM Subject: 409 Whitworth Fred... thank you for your well reasoned decision on this project. Indeed, urban infill development is a balancing act and l appreciate your recognition of the importance of site plan review and the design guidelines as tools that should be utilized to assist in projects such as this. 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Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. Downtown Code Amendments Xonklina) LUA07-130, ECF Proposed changes include: • Eliminating the Downtown Core Overlay; • Amending the Parking Regulations; ■ Expanding the Pedestrian District Overlay; ■ Amending the boundary of the City Center Sign Regulations; ■ Minor changes made to correct scrivner's errors or clarify terminology or short phrases. cc: K. Keolker, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, EDNSP Director O C. Walls, Fire Prevention N. Watts, PlBIPW Development Services Director 0 F. Kaufman, Hearing Examiner B. Van Horne, Fire Prevention J. Medzegian, Council P. Hahn, P/B/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ENVIRONMENTAL REVIEW COMMITTEE MEETING NOTICE November 26, 2007 To: Gregg Zimmerman, Planning/Building/Public Works Administrator Terry Higashiyama, Community Services Administrator I. David Daniels, Fire Chief Alex Pietsch, EDNSP Administrator From: Jennifer Henning, Development Planning Meeting Date: Monday, November 26, 2007 Time: 3:00 PM Location: Sixth Floor Conference Room #620 Agenda listed below. 409 Whitworth (Hiaains) LUA07-925, SA -H, ECF A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. Downtown Code Amendments Xonklina) LUA07-130, ECF Proposed changes include: • Eliminating the Downtown Core Overlay; • Amending the Parking Regulations; ■ Expanding the Pedestrian District Overlay; ■ Amending the boundary of the City Center Sign Regulations; ■ Minor changes made to correct scrivner's errors or clarify terminology or short phrases. cc: K. Keolker, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, EDNSP Director O C. Walls, Fire Prevention N. Watts, PlBIPW Development Services Director 0 F. Kaufman, Hearing Examiner B. Van Horne, Fire Prevention J. Medzegian, Council P. Hahn, P/B/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney _ --- -- . Nancy Thompson - LUA07-125 (409 Whitw Page 1 From: Elizabeth Higgins To: Thompson, Nancy Date: 1/14/2008 9:25:45 AM Subject: LUA07-125 (409 Whitworth) These folks came in this morning, Jan 14th, looking for the public hearing for this project. They said the developers told them it was this date at the community meeting. 1 have not heard that from anyone else and no one else came in today - Please place their name and address on the Party of Record list so that the decision is sent to them. Thank you! Mr. and Mrs. Carl R. Nordstrom 409 Morris Ave S Renton, WA 98057 CC: Tucker, Stacy CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 28th day of December, 2007, 1 deposited in the mails of the United States, a sealed envelope containing Preliminary Report to the Hearing Examiner documents. This information was sent to: Name Representing Chris Cirillo Contact Capital Homes LLC Applicant Owner POR r POR POR FOR POR Kayser Ole Willey Harold Deacy Rosalie Higgins Rick & Stephanie Clarey Wilma Kozai Pat & Theresa Deacy Kelly Higgins FOR Alice Deacy POR Philip Sheridan POR Trish Johanson POR (Signature of Sender)- STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for thee� o+w4pit purposes mentioned in the instrument. Dated: J-9-0$ Notary Public in and f e State of W40119gton- ' Notary (Print): My appointment expires: ''011!\\\11`' Project Name: 409 Whitworth Project Number: LUA07-125, SA -H, ECF Nancy Thompson - LUA07-125 409 Whitwo,th Page 1 From: Elizabeth Higgins To: Kaufman, Fred Date: 1!412008 10:06:39 AM Subject: LUA07-125 - 409 Whitworth Greetings This project will have a hearing on Jan 8th. When the 2008 calendar was set up, however, the week of Jan 8th was inadvertently omitted. Therefore, when the hearing was scheduled, it was on Jan 15th (the first week of January on the calendar). We discovered the error after the Notices of Application were sent out to the property owners. The Parties of Record were notified that the date was changed to Jan 8th, but apparently people who received the notice, but did not request to become Parties of Record, intend to attend the hearing. I learned this morning of someone in this situation. The problem is, we do not know if there are more people who still think that the hearing is on the 15th, who also plan on attending. Additionally, the project was listed on the website as having a hearing on 1115 for quite a while because we did not realize it was on there, etc etc. I realize people are supposed to call and ask if the hearing is still scheduled for the date on the notice, but usually the date is moved back, not forward. If this was a non -controversial project it would be less of a concern, but the situation is such that I believe there could be an appearance of fairness issue. Should we open the hearing and continue it to January 15th? Thank you Elizabeth CC: Henning, Jennifer; Thompson, Nancy CITY OF RENTON HEARING EXAMINER PUBLIC HEARING January 8, 2008 I_[eTa► l COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard_ Items will be called for hearing at the discretion of the Hearing Examiner. 9:00AM: PROJECT NAME: 409 Whitworth [Condominiums] PROJECT NUMBER: LUA07-125, SA -H, ECF PROJECT DESCRIPTION: The proponent of the project, 409 Whitworth, is requesting Site Plan approval for construction of a 5 -story condominium building on a 7,199 square foot (sf) property. The building height would be 60 feet 4-112 inches. The 22,542 gsf proposed project would result in 16 residential condominium units. The property is in the Urban Center — Downtown Comprehensive Plan land use designation and Center Downtown Zone (CD). 1:30PM: PROJECT NAME: PSE Transmission Line Relocation PROJECT NUMBER: LUA07-074, V -H, V -H, ECF PROJECT DESCRIPTION: The applicant is requesting Environmental (SEPA) Review and two Hearing Examiner Variances from the Critical Areas Regulations for the relocation of 7 Puget Sound Energy (PSE) tranmission lines to allow for the widening of Interstate -405. The proposal would involve the removal of 31 PSE poles and replacement with 28 poles. In addition, access roads are proposed to be constructed to maintain the relocated poles_ The project site contains 5 wetlands, 4 streams and protected slopes. The proposed project would result in permanent and temporary impacts to protected slopes, wetlands, streams, and their associated buffer areas. 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I V� y 51TE Pl-RN PEVEYY 9119MIR1LL', 3W 1�1119 s ■ � R 1 zm�seo�o1 TSA .r5lrrrr,, Pu, 1olNUS sm s, sw.m ' 409 WHITWORTH CONDOMINIUMS =� 409 WHITWORTH AYES RENT41i, WA r■ FE ------------ ------ --� 409 WHITWORTH CONDOMINIUMS aYe.y Vi4Y f N .Yi 409 WNrtwORTR AYES RENT011, WA t� cry ►—� b� FE ------------ ------ --� 409 WHITWORTH CONDOMINIUMS aYe.y Vi4Y f N .Yi 409 WNrtwORTR AYES RENT011, WA r A S o y4 z O � w m ce � pr( „ N r € N ®00000101 L_ 0 4 mu m n O* a m m n SHATTUCK AVENUE S. k .`WHITWOR'TH AVENUE ! S. 409 WHITWORTH y4 � w a ce L_ 0 4 mu m n O* a m m n SHATTUCK AVENUE S. k .`WHITWOR'TH AVENUE ! S. 409 WHITWORTH � w a ce „ N r € L_ 0 4 mu m n O* a m m n SHATTUCK AVENUE S. k .`WHITWOR'TH AVENUE ! S. 409 WHITWORTH PROJECT NUMBER / NAME: LUA07-125, SA -H, ECF / 409 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROVE Yes o NAME: ADDRESS: fL�1�A-ey" l9s-�\ t J COMPANY: COMMENTS: A:0 E_"_ PROJECT NUMBER / NAME: LUA47-125, SA -H, ECF / 449 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPRO : Yes o NAME: '�s D IZ�-' t C A C ADDRESS: COMPANY: L-A V -I ALti�JN A �1 t COMMENTS: ;iwc�1G� �Lxie._. -kVX'LS Cc�-�{._.. �c' C e -D E C_ k A l(y S0vc� L�JV 'p S VtiA l VA PROJECT NUMBER I NAME: LUA07-125, SA -H, ECF / 409 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROV . Ye o NAME: ADDRESS: COMPANY: A 0,'u - U-CzFtLJ COMMENTS: PROJECT NUMBER / NAME: LUA47-125, SA -H, ECF / 449 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROVE: es 0 NAME: ADDRESS: COMPANY: COMMENTS: PROJECT NUMBER I NAME: LUA07-125, SA -H, ECF 1409 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROV :Yes o NAME: 7>44AEL L /WGr61i✓ ADDRESS: �?d& �5- x/19-2> .5T I4?E^117-dr1 COMPANY: :3L4&,t� C . COMMENTS: PROJECT NUMBER / NAME: LUA07-125, SA -H, ECF / 409 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROVE: Yes/No NAME: ADDRESS: COMPANY: COMMENTS: PROJECT NUMBER / NAME: LUA07-125, SA -H, ECF / 409 Whitworth • Description: The applicant has requested site plan approval for a proposed 5 - story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level {3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two-bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. APPROVE:(- PPROVE: cesfio .- I NAME: ADDRESS: COMPANY: I ey COMMENTS: V\ N..r , %2' . 'i k I'-- 1 6 ENVIRONMENTAL DETERMINATION & PUBLIC HEARING ISSUANCE OF A DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS -M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: 409 Whitworth PROJECT NUMBER: LUA07-125, SA -H, ECF LOCATION: 409 Whitworth Avenue S DESCRIPTION: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on December 17, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.8, Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON JANUARY 8, 2008 AT 9:00 AM TO CONSIDER THE SITE PLAN. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification. y `("R + Kathy Keolker, Mayor N November 28, 2007 Chris Cirillo Capital Homes LLC 20314 132nd Avenue NE Woodinville, WA 98072 SUBJECT: 409 Whitworth LUA07-125, SA -H, ECF Dear Mr. Cirillo: CITY IF RENTON PlanningiBuilding/Pub11cWorks Department Gregg Zimmerman P.E., Administrator This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non - Significance -Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Part 2, Section B for a list of the Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on December 17, 2007. Appeals must be fled in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A Public Hearing will be held by the Renton Hearing Examiner in the Council Chambers on the seventh floor of City Hall, 1055 South Grady Way, Renton, Washington, on January 8, 2008 at 9:00 AM to consider the Site Plan. The applicant or representative(s) of the applicant is required to be present at the public hearing. A copy of the staff report will be mailed to you one week before the hearing. If the Environmental Determination is appealed, the appeal will be heard as part of this public hearing. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7382. For the Environmental Review Committee, Elizabeth Higgins, AICP Senior Planner Enclosure cc: Kayser Ole Willey / Owner(s) Harold Deacy, Rosalie Higgins, stick & Stephanie Clarey, Wilma Kozai, Pat & Theresa Deacy, Kelly Higgins, Alice Deacy, Philip. Sheridan, Trish Johanson / Party(ies) of Record Capital Homes LLC / Avnlicant 1055 South Grady Way - Renton, Washington 98057 1 t E lr 1 O lel AHEAD OF THE CURVE This paperconlains5Q°/°recycledmaberiai,$0%postconsumer � - N Kathy Keolker, Mayor November 28, 2007 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: Environmental Determination CITY )F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on November 26, 2007: DETERMINATION OF NON -SIGNIFICANCE - MITIGATED PROJECT NAME: 409 Whitworth PROJECT NUMBER: LUA07-125, SA -H, ECF LOCATION: 409 Whitworth Avenue S DESCRIPTION: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on December 17, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11,O.B. Additional information regarding the appeal process.may be obtained from the Renton City Clerk's Office, (425) 430-6510. If you have questions, please call me at (425) 430-7382 For the Environmental Review Committee, Elizabeth Higgins, AICP Senior Planner Enclosure cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program US Army Corp. of Engineers Stephanie Kramer, Office of Archaeology & Historic Preservation. 1055 South Grady Way - Renton, Washington 98057 _ Thispaperowlains50%recycledmaterial,30%postconsumer RENTC?N AHEAD OF THE CURVE - CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA07-125, SA -H, ECF APPLICANT: Capital Homes LLC; Chris Cirillo PROJECT DAME: 409 Whitworth DESCRIPTION OF PROPOSAL: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. LOCATION OF PROPOSAL: 409 Whitworth Ave S LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental. Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be f116d in Writing on or before 5:00 PM on December 17, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA.98057. Appeals to 'tt e'Exaaminer are governed-by.City of Renton Municipal Code Section 4-8-110,6; Additional information regard ing;the Opeal`process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: December 1, 2007 DATE OF DECISION: November 26,.2007 SIGNATURES: Plann Ati ft1friistra to r ublic Works Terry Higashiyama; i Community Services 1W10 7 L6 Da I. David Daniels Fire Chief Da e Fire Department ,I/u/07 Date Nlex P etsch, Administra r Date EDNSP CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA07-125, SA -H, ECF APPLICANT: Capital Domes LLC; Chris Cirillo PROJECT NAME: 409 Whitworth DESCRIPTION OF PROPOSAL: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. LOCATION OF PROPOSAL: 409 Whitworth Ave S LEAD AGENCY: The City of Renton Department of PlanninglBuildinglPublic Works Development Planning Section MITIGATION MEASURES: 1. The report, "Preliminary Geotechnical Recommendations," by Robert M. Pride, LLC, Consulting Engineer, dated August 21, 2007, shallbe utilized in the design and construction of the proposed structure, 2. Due to the proximity of existing structures on properties abutting to the north and south of the project site, piles shall be auger cast as recommended by the.geotechnical report. 3. A temporary erosion control plan shall be. required. to be installed and maintained for the duration of construction of the project. The plan must `comply with the' Department of Ecology's Erosion and Sediment. Control Requirements as outline in Volume II of the most recent edition of the Stormwater Management Manual. The plan must be submitted and approved by the Development Services Division prior to issuance of the utility, construction permit_. 4. The applicant shall submit a "materials board" indicating the materials and finishes proposed for all exterior surfaces of the building. The proposed materials and finishes shall be approved by the Development Services Division prior to issuance of the; building permit. .5. The project shall be subject .to the Parks Mitigation Fee of $354.51 for each new multi -family residential unit. This amount is estimated to be $5,317.65, and shall be payable prior to issuance of the building permit: 6.. 7. 8. 0. The proposed project shall be subject to a Transportation Impact Fee of $75 per trip, estimated at $6,000.00_ This fee shall be payable prior to issuance of the building permit. The applicant shall follow the recommendations of the traffic study; "Trip Generation, Distribution, and Traffic Impact Feet Letter," prepared by Jake Traffic Engineering, Inc. dated October 12, 2007. The applicant shall install parking signage, prohibiting parking on S 4th within 30 feet of the intersection of S 4th St and the alley between Shattuck Ave S and Whitworth Ave S and the intersection of S 4th St and Whitworth Ave S. Such signage shall conforms to MUTCD standards, or as approved by the Development Services Division. To avoid traffic Hazards during construction; parking signage shall be installed prior to issuance of construction permits and shall remain in place following building occupancy. The alleyway between Shattuck Ave"S and Whitworth. Ave S shall be fully paved to 16 -feet wide from the south property line to S 4th St. and signed per the City of Renton fire lane regulations. ERC Mitigation Measures Page I of 2 10. The project shall be subject to the Fire Impact Fee, prior to issuance of the building permit. The fee, at $388.00 per new multi -family unit, has been estimated to be $5,820,00- 11. The project shall be subject to the Fire Impact Fee, prior to issuance of the building permit. The fee, at $388.00 per new multi -family unit, has been estimated to be $5,820.00. 12. Avigation easements shall be provided by the applicant, subject to the review and approval by the City Attorney, and recorded prior to issuance of occupancy permits. ERC Mitigation Measures Page 2 of 2 CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE -MITIGATED ADVISORY NOTES APPLICATION NO(S): LUA07-125, SA -H, ECF APPLICANT: Capital Homes LLC; Chris Cirillo PROJECT NAME: 409 Whitworth DESCRIPTION OF PROPOSAL: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97. dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. LOCATION OF PROPOSAL: 409 Whitworth Ave S LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant: The following notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Fire - 1 The preliminary fire flow is 2,000 gpm. One hydrant is required within 150 feet of the structure and one additional hydrant is required within 300 feet of the structure. 2: Separate plans and permits are. requiredfor the installation of fire sprinkler, fire alarm and standpipe systems. Water: 1. Water system Development Charges for multi -family uses are based on a rate of $0273 per gross square footage of the site and are payable at issuance of the utility construction permit. 2. Applicant will be required to connect to the 12 -inch main in.S 4th St and extend an 8 -inch water main to the south property line in Whitworth, tying into the existing 4 -inch water main. If fire flow exceeds 2,500 gpm., a 10 -inch looped water main would be required. 3. Hydrants capable of delivering a minimum of 1,000 gpm are required for this use. One hydrant is required for each 1,000 gpm fire flow. Existing hydrants, if present, are subject to verification .in meeting the requirements. 4, A fire sprinkler system is required by the Fire Prevention Bureau: 5. A backflow device would be required if the building height exceeds 30 feet. Sanitary Sewer: 1. Sanitary Sewer. System Development Charges for multi -family are based on a _rate of $0.142. per gross square footage of the site. Fees are payable when the utility construction permit is issued. Credit would be given for the existing system. ERC Advisory Notes Page 1 of 2 2. The parking garage would require floor drains and shall e connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15 -minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pip Inc., Utility Vault Inc., or approved equal. The interceptor shall be located in an area accessible for maintenance. 3. Minimum slope for side sewer shall be 2 percent. 4. Extension of a sewer main may be required. Surface Water: 1. Roof and footing drains shall be tightlined to the storm system 2. Extension of storm pipe in Whitworth or the alley may be required. Transportation: 1. The applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 2. A traffic control plan, approved by the City will be required for any construction impacting the City's right-of- way. 3. Existing right-of-way width in the alley is 16 feet. Applicant will need to provide 16 feet of paving in the alley from the south property boundary to S 4th Street. ERC Advisory Notes Page 2 of 2 CITY OF RENTON DETERMINATION OF NON -SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA07-125, SA -H, ECF APPLICANT: Capital Homes LLC; Chris Cirillo PROJECT NAME: 409 Whitworth DESCRIPTION OF PROPOSAL: A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation_ LOCATION OF PROPOSAL: 409 Whitworth Ave S LEAD AGENCY: The City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on December 17, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: Gregg er n, Atlrmnistral Planni / it a/Public Works December 1, 2007 November 26, 2007 d19[07 9A�OA __ Da I. David Daniels, Fire Chief Fire Department IkYLAQ, , V) Alex Pietsch, Administra r EDNSP , " k 26 o Terry Higashiyama, AdministrzWDr Date Community Services Da e Date 409 Whitworth (Hiaoins) LUA07-125, SA -H, ECF A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. Downtown Code Amendments (Conklina) LUA07-130, ECF Proposed changes include: ■ Eliminating the Downtown Core Overlay; ■ Amending the Parking Regulations; ■ Expanding the Pedestrian District Overlay; ■ Amending the boundary of the City Center Sign Regulations; ■ Minor changes made to correct scrivner's errors or clarify terminology or short phrases. cc: K. Keolker, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, EDNSP Director O C. Walls, Fire Prevention N. Watts, PIBIPW Development Services Director F. Kaufman, Hearing Examiner B. Van Horne, Fire Prevention J. Medzegian, Council P. Hahn, PIB/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ENVIRONMENTAL REVIEW COMMITTEE MEETING NOTICE November 26, 2007 To: Gregg Zimmerman, Planning/Building/Public Works Administrator Terry Higashiyama, Community Services Administrator I. David Daniels, Fire Chief Alex Pietsch, EDNSP Administrator From: Jennifer Henning, Development Planning Meeting Date: Monday, November 26, 2007 Time: 3:00 PM Location; Sixth Floor Conference Room #620 Agenda listed below. 409 Whitworth (Hiaoins) LUA07-125, SA -H, ECF A 5 -story condominium project with associated structured parking accessed from a public alley at the rear of the site. Sixteen condominium units with a density of 97 dwelling units per acre. Zoned Center Downtown within the Urban Center - Downtown Comprehensive Plan land use designation. Downtown Code Amendments (Conklina) LUA07-130, ECF Proposed changes include: ■ Eliminating the Downtown Core Overlay; ■ Amending the Parking Regulations; ■ Expanding the Pedestrian District Overlay; ■ Amending the boundary of the City Center Sign Regulations; ■ Minor changes made to correct scrivner's errors or clarify terminology or short phrases. cc: K. Keolker, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, EDNSP Director O C. Walls, Fire Prevention N. Watts, PIBIPW Development Services Director F. Kaufman, Hearing Examiner B. Van Horne, Fire Prevention J. Medzegian, Council P. Hahn, PIB/PW Transportation Systems Director R. Lind, Economic Development L. Warren, City Attorney ell, H.LWOM.LIHM t lu 2f I vm'Nn N-Ahl G 3AV H.L'dUMLIHM 600 0 CL C:) LU ?o T Ui CJ �: LU 9 Ulu C) cc JZ L ell, H.LWOM.LIHM t lu 2f I vm'Nn N-Ahl G 3AV H.L'dUMLIHM 600 swnINIWOGNOD Hi'dOMiIHM 60V ell, H.LWOM.LIHM t lu 2f I T 1 -- of: JZ L wrors AC i — — — — — — — — — — — --- — — — — — — — — — — — —yfLML IN City of menton Department of Planning / Building / Public ,Norks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:AMF COMMENTS DUE: NOVEMBER 7, 2007 APPLICATION NO: LUA07-125, SA -H, ECF DATE CIRCULATED: OCTOBER 24, 2007 APPLICANT: Capital Homes LLC PROJECT MAN s PROJECT TiTLE: 409 Whitworth Site Plan PLAN REIEW: Jan Illian e SITE AREA: 7,200 square feet BUILDING AREA ross : 17,674 square feet LOCATION: 409 Whitworth Avenue S WORK ORDER NO: 77832 SUMMARY OF PROPOSAL: The applicant has requested site pian approval for a proposed 5 -story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site_ Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two- bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Flan Review at a public hearing are required. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable Minor Major Impacts Impacts More Information Necessary Earth Aesthetics Air Recreation Water Utilities Plants Public Services Land/Shoreline Use HistoriclGuHural Preservation Animais Environmental Health Energy/ Natural Resources Element of the Environment Probable Probable More Minor Major Information Impacts impacts Necessary Housin Aesthetics Light/Glare Recreation Utilities Trans ortation Public Services HistoriclGuHural Preservation Airport Environment 10,000 Feet 94,000 Feet -2ma�le.d C,�mme�� B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative 1— Date RENTON POLICE DEPARTMENT 07-125, SA -H, ECF 409 Whitworth Site POLICE RELATED COMMENTS 13 Police calls for service estimated annually CONSTRUCTION PHASE Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site will need security lighting, and any construction trailer or storage area should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty deadbolts with a minimum 1-112" throw when bolted. Glass windows in construction trailers should be shatter -resistant. Toolboxes and storage containers should be secured with heavy- duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs will aid police in making contacts with unwanted individuals on the property if they are observed vandalizing or stealing building materials. COMPLETED COMPLEX Each residential unit should have solid core doors, preferably metal or solid wood, with peepholes. The doors should have heavy-duty deadbolt locks with a minimum 1-'/2" throw and installed with 3" screws. Any external storage areas should also have solid wood or metal doors, with deadbolts and latch guards installed. Sliding windows, including glass patio doors, should have secondary locks installed to restrict vertical movement. These secondary locks need to be placed into the top or bottom of the window frames to restrict vertical movement. Simply placing a sturdy, fitted dowel in the window tracks may be adequate. Alarm systems are recommended for each residential unit. Any stairways at the complex should be constructed of lattice, wood or metal railing so that visibility is possible through them. There should not be solid walls in any stairway that would limit visibility up and down the stairs, or provide a place for a criminal to hide while waiting for someone to target. Balcony construction should also be of lattice or railing — no solid walls, for the same reason. Security lighting should be installed along sidewalks, in stairways, foyers and pathways. Each residential unit should have individual unit numbers clearly posted with numbers at 409 Whitworth Site 1 07-125 least 6" in height and of a color contrasting with the building. snit numbers should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. It's important to provide confidential entry information (i.e., a "secret" law enforcement -only code) to both fire and police in case of emergencies if this building is secured. Proper lighting in parking locations and pathways are especially important. Illumination in this area will contribute to the security of residents traversing from their vehicles to their residences, and will help reduce property crimes associated with unattended vehicles. Garages built beneath multi -housing structures are especially susceptible to criminal activity due to the lack of visibility by residents and/or pedestrians in the area. l have concerns regarding the alley -access parking entrance. This area of Renton experiences high pedestrian traffic and secluding the entrance to the parking area is not advised. Latch guards should be installed on any and all doors leading from the outside in. And any lever -handled doorknob located on the outside is discouraged. These are easy to pry/damage to obtain access inside a building. Where egress might be an issue, bar - releases can be installed to meet Fire Code requirements. This would include any storage or maintenance shops, doors leading into the parking garage, etc. Any separate resident storage units should have latch guards and deadbolts installed. Dumpster locations should be secured within their own housing and well lit. If possible, creating a dumpster location that can be secured for resident's use, but accessible for waste management is recommended. Landscaping should be installed with the objective of allowing visibility: not too dense or too high. Too much landscaping will make residents feel isolated, and will provide criminals with concealment to commit crimes such as burglary and vandalism. 409 Whitworth Site 2 07-925 CITY OF RENTON MEMORANDUM DATE: November 9, 2007 TO: Elizabeth Higgins FROM: Jan lllian x 7216 SUBJECT: 409 WHITWORTH CONDOS LUA 07-125 409 — Whitworth Avenue South I have reviewed the application for the Whitworth Condos to be located 409 — Whitworth Ave South and have the following comments: WATER There is an existing 4 -inch water main in Whitworth Ave South. Preliminary fire flow required for the new proposed use is 2,000 gpm. Available fire flow from the 4 -inch main in Whitworth is approximately 800 gpm. The proposed project is located in the 196 -water pressure zone and is outside an Aquifer Protection Zone. Static pressure in the area is approximately 72 psi. SEWER There is an existing 8 -inch sewer main in the alley west of the site. STORM There is a drainage conveyance system S. 4`h Street_ It does not appear there are drainage facilities in Whitworth Ave South. STREET There is sidewalk, curb, and gutter fronting the site in Whitworth Ave South. CODE REQUIREMENTS WATER 1. The site is located in the CD zone_ Water System Development Charges (SDC) for multi -family is based on a rate of $0.273 times the gross square footage of the site. Fees are payable at the time the utility construction permit is issued. Credit will be given for existing water service. Extension of an 8 -inch water main in Whitworth will be required to provide a maximum of 2,500-gpm-fire flow. Applicant will be required to connect to the 12 -inch main in S. 4th Street and extend an 8 -inch water main to the south property line in Whitworth and tie into the existing 4 -inch water main. If fire flow exceeds 2,500 gpm, a 10 -inch looped water main will be required. 3. Hydrants capable of delivering a minimum of 1,000 gpm are required for this new use. One hydrant is required for each 1,000-gpm-fire flow. One hydrant must be located within 150 feet of the structure. One additional hydrant shall be located within 300 feet of the structure. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification in meeting the required distance. 4. Existing hydrants counted, as fire protection will require installation of a "storz" quick disconnect fitting if not already in place_ A fire sprinkler system is required by the fire department. A separate utility permit and separate plans will be required for the installation of all double detector check valve assemblies for fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention 409 Whitworth Condos Page 2 ot" 3 Nuvember 9, 20117 Devices. Location of device shall be shown on the civil plans and shall show note. "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". Interior or exterior installation of the DDCVA shall be in accordance with the City of Renton Standard Plans_ 6. The building exceeds 30 feet in height. A backflow device will be required on the domestic water meter(s). A separate plumbing permit will be required. SANITARY SEWER 1. The site is located in the CD zone. Sewer System Development Charges (SDC) for multi -family is based on a rate of $0.142 times the gross square footage of the site. Fees are payable at the time the utility construction permit is issued. Credit will be given for existing sewer service. 2. The underground parking garage will require floor drains and shall be connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15 -minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. The interceptor shall be located in area accessible for maintenance. 3. Minimum slope for side sewer shall be 2%. 4. Extension of a sewer main may be required. SURFACE WATER 1. The site is located in the CD zone. Surface Water System Development Charges (SDC) for multi -family is based on a rate of $0265 times the new impervious surface area. Fees are payable at the time the utility construction permit is issued. 2. Roof and footing drains shall be tightlined to the storm system_ 3. Extension of storm pipe in Whitworth or in the alley may be required. 4. A conceptual drainage report and narrative has been submitted. and reviewed. This project is exempt from detention and water quality per the 1990 KCSWM. 5. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project_ TRANSPORTATION 1. Applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements, 2. A traffic control plan, approved by the City will be required for any construction impacting the City's right of way. 3. Existing right of way width in the alley is 16 feet. Applicant will need to provide 16 feet of paving in the alley to S. 4'h Street. MISCELLANEOUS 1. Separate permits and fees for side sewers, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary public and/or private easements_ 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 409 Whitworth Condos Page 3 of 3 November 9, 2007 4. Separate pen -nits to cut and cap the water and sewer will be required with the demolition permit. 5. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance_ If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. Additional undergrounding requirements may be required by Puget Sound Energy. RECOMMENDED CONDITIONS Traffic mitigation fees are based on a rate of on $0 trips x $75. Total fees are $6,000.00. Credit will be given to the existing home This is payable prior to recording of the short plat. 2. Staff recommends a condition to require this project to design and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the current edition of the Stormwater Management Manual. cc: Kayren Kittrick Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: Residential ❑ Retail ❑ Non -retail Calculation: coq mquo-g -r I A kTw Dir Ate- S 4 LZI LVR D-1- I-,),< IkP --UNtr Wy CMIDQo tWQ Ourtr, Transportation 19 um. Mitigation Fee: Calculated by: Date of Payment: Method of Calculation: ❑ ITE Trip Generation Manual, 7th Edition 1_2rTraffic Study ❑ Other Date: City of Renton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: NOVEMBER 7, 2047 APPLICATION NO: LUA07-125, SA -H, ECF DATE CIRCULATED: OCTOBER 24, 2007 :, APPLICANT: Capital Homes LLC PROJECT MANAGER: Elizabeth HigginQ E C E i V E D PROJECT TITLE: 409 Whitworth Site Pian PLAN REVIEW: Jan Illian , SITE AREA: 7,200 square feet BUILDING AREA (gross): 17,674 square feet LOCATION: 409 Whitworth Avenue S WORK ORDER NO: 77832 iL � aItr'1510N SUMMARY OF PROPOSAL: The applicant has requested site plan approval for a proposed 5 -story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two- bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable Minor Major Impacts Impacts More Information Necessary Earth Aesthetics Air Recreation water utilities Piants Pubic Services Land/Shoreline Use Historic/Cuttural Preservation Animals Environmental Health Energy/ Natural Resources -TtAe Sufi" ;6 —k !' I n�a c- I B. POLICY -RELATED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Probable Probable More Minor Major Information impacts Impacts Necessary Houshi Aesthetics Li hUGlare Recreation utilities Transportation Pubic Services Historic/Cuttural Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date CITY OF RENTON FIRE PREVENTION BUREAU DATE: October 30, 2007 MEMORANDUM TO: Elizabeth Higgins, Senior Planner FROM: Corey Thomas, Plans Review Inspector SUBJECT: 409 Whitworth Avenue Multifamily MITIGATION ITEMS: 1. Fire mitigation fees are $388.00 per multi -family unit. FIRE CODE REQUIREMENTS: 1. The preliminary fire flow is 2,000 gpm. One hydrant is required within 150 -feet of the structure and one additional hydrant is required within 300 -feet of the structure. 2. Separate plans and permits are required for the installation of fire sprinkler, fire alarm and standpipe systems. 0 City of menton Department of Planning I Building f Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: F re COMMENTS DUE: NAVE 7 "20.07 APPLICATION NO: LUA07-125, SA -H, ECF DATE CIRCULATED: OCTOB R 24, 2TT007 APPLICANT: Capital Homes LLC PROJECT MANAGER: lizabeth itis? 5 2007 PROJECT TITLE: 409 Whitworth Site Plan PLAN REVIEW: Jan Illi n_.,.`_ SITE AREA: 7,200 square feet F r,r T. ._ BUILDING AREA (grossj: 17,674 s ua. rp-TQet, LOCATION: 409 Whitworth Avenue S WORK ORDER NO: 77832 SUMMARY OF PROPOSAL: The applicant has requested site plan approval for a proposed 5 -story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S), Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two- bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable More Major Information impacts Necessary Earth Air Water Piants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Airport Environment 10.000 Feet 14.000 Feet Element of the Environment Probable Probable Minor Maior Impacts Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation utilifies Transportation Public Services Historic/Cultural Preservation Airport Environment 10.000 Feet 14.000 Feet B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS / v ,rj ,,_� �'��-� C•� ''' �C- �� ACU �^'` .'<^e�� -�-� We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly asses this proposal. 113d) Signature of Director or Authorized Representative Date Jjave Jew, 14s I 0 ,4. CiTVOFRENTON RECEIVED NOV 0 7 2007 BUILDINGDiVlSiON van ?io, L R 6 7- I z, S A- iy, C F PA" 11 PAX, him. A14404- c�-rz-�. �,cy azv nom. LIO 7e IYt z.,,, L.Lc�. i U Q -61 1141 )n,,, 1A.1 -IL-Itf-4 k4tl� -" C, cl 6.0 y 3 f P� a- 4-r� .0- -tL -hz it 647'lt-� tc - 146-6 6, Ae "� a�� 12- --) E17,6;-'l.,&,,ee-,e, E 2- 6 L Dear Elizabeth Higgins, My name is Harold Deacy and I live at 407 Whitworth Ave. I am very concerned about the proposed condo project next door at 409 Whitworth_ This has always been a good neighborhood. I have lived in here since this house was built in 1925. 1 would like to comment on some issues I am concerned about. Parking for this new project appears to be a real problem. This proposed building will have included limited parking with the overflow on the street in the neighborhood_ With the school and the church in the same area this will put a real squeeze on the limited number of on street places available_ I think there should be more parking required in this building. Sunlight to my home will be eliminated. How can this be envrionmentally correct? The proposed building will run right up to the property line with my house. How will lateral support rights be addressed so my home will be OK? The proposal has all the cars thet park in the building entering and exiting through the alley. This will cause congestion in the alley and problems for the rest of the people that use the alley for their homes. There are always a lot of school children on the street before and after school and there is no stop sign in the alley. With all these new cars this will be dangerous. Another concern is noise. Will there be pile driving? Can they be required to use the new quieter method. This is in a neighborhood with houses all around and a school across the street_ How can the noise level for this size of project be addressed and controlled? How can the hours of construction be minimized to reduce the impact to the neighborhood? It appears that the code is lam to Bpm Monday through Friday and gam to Bpm Saturday. This is entirely too late in the evening for a residential neighborhood_ My last concern is about my property rights. I have a prescriptive easment across the front of 409 Whitworth for power to my home, and another prescriptive easment across the back for my phone_ These have been in place since power and phone were first put into my home. Sincerely Harold Deacy RECEIVED Kathryn Deacy 407 Whitworth Ave S Renton, WA 98057 NOV 0 7 2007 BU )LUM3 DIVISION Stacy Tucker - 409 Property proposal From: <sweetpeasteph a@comcast.net> To: <ehiggins a@ci.renton.wa.us> Date: 11/05/2007 4:08:00 PM Subject: 409 Property proposal Dear City of Renton, Elizabeth Higgins, We are writing in regards to a Notice of Land Proposal at 409 Whitworth Ave. S. in downtown Renton. We have been long time residents in the city of Renton. We have always lived in the downtown area. We own our home at 419 Whitworth and have lived here for 12 years. We have raised our children and been involved in community activities. Our neighborhood is one of the original communities in the city. Most everyone on our block has been here for a long time. We take pride in the neighborhood and try to maintain a delightful appearance in the downtown area. We are well aware that we are zoned CD , but meanwhile have kept a family freindly community here. Many people admire our neighborhood how well kept it is, So why are writing. We are outrage at the fact that the CITY would even consider cramming a5 STORY 1$ UNIT Dwelling in OUR NEIGHBORHOOD!!!!!!!!!!!!!!!!! Access through a relatively quiet alley is unheard of. We have enough problems with the church parking yet alone what 16 units would add to that. Let's all not forget the quiet living we have been a customed to. The owners of this land obviously do not care about the residents nor the City if they think a 5 story Dwelling is going to enhance our quality of life. This is not why we chose to live here. We feel it is unfair to even consider such a proposal in OUR Neighborhood!!!!!!!!!!!!!!!!!!!Just imagine the on going inconvience this will endure on the people who care the most for OUR GREAT CITY, We can not stand by and watch our community crumble. Please take into consideration the loyal people of your community!!!1!!!111!!!!!!1!l!!Ill!!!!!II! Sincerely, Rick Clarey Stephanie Clarey 419 Whitworth Ave. S. Renton, WA 98057 Have A Wonderful Day!!! Page 1 dRG07 rD In,5err ?hr Soslcc-T LUA M -1-163A' 111 L C Eoel is� � �iL Se��i f [-D.�`aDO 7 or, I NOV 200 _. lfawo,t igyreAw•) ,�A 98osy-a�li8 �a5-aaG-337o City of Renton Development Services Division 1055 South Grady Way Renton, Wash. 98057 Attn: Elizabeth Higgins Senior Planner Re: LUA07-095 Dear Ms. Higgins, November 2, 2007 C., N '`'�'4�Nt'pV'"� Atc3 Nov w 6 2007 My name is Rose Woodall I live at 248 Union Ave. N. E. in Renton. My home is just south of the property in the project mentioned above. My understanding is the developers would like a variance to revise the 15 foot setback down to zero on the south property line which is my north property line. I also understand that this is not allowed when it butts residential property. My home is zoned RID. I want this on record that a zero setback would not be acceptable to me. Thank you for listening to my concerns and I am a person of record for this project. Rose Woodall 425-255-9584 City of Renton Department of Planning / Building / Pub-- Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ai r COMMENTS DUE: NOVEMBER 7, 2007 APPLICATION NO: LUA07-125, SA -H, ECF DATE CIRCULATED: OCTOBER 24, 2007 APPLICANT: Capital Homes LLC PROJECT MANAGER: Elizabeth Higgins PROJECT TITLE: 409 Whitworth Site Plan PLAN REVIEW: Jan Illian SITE AREA: 7,200 square feet BUILDING AREA (gross): 17,674 square feet LOCATION: 409 Whitworth Avenue S WORK ORDER NO: 77832 SUMMARY OF PROPOSAL: The applicant has requested site plan approval for a proposed 5 -story, 16 -unit, multi -family, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave 5 and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four Floors above the parking level would have 12 one -bedroom units and 4 two- bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Probable More Minor Major Information Impacts Impacts Necessary Earth Air Water Rants Land/Shoreline Use Animals Environmental Heafth Energy) Natural Resources Airport Environment 10,000 Feet 14,000 Feet B. Element of the Environment Probable Probable More Mtnor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht/Gfare Recreation Utilities Transportation Pubfic Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet POLICY -RELATED COMMENTS �rt t' f �J�C �r i , i t c 51` &Z' 57" t 7 1'6-f 9t,�ia' 'r-f9t,u. Ole Sc_ C. CODE -RELATED COMMENTS 41ee but /4 t� 1' 7 tri C4 r We have re we this applicationarticular attention to those areas in which we have expertise and have identified areas of probable impact or areas whe ad bona! inforrrration , ' ded to properly assess this proposal. - 1-5L . Signat a of Oir4tor or A tho i2 epresentative date A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS "it is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $354.51 per each new multi family unit to address these potential impacts." City of menton Department of Planning /Building /Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: BACC COMMENTS DUE: NOVEMBER 7, 20 Probable More Major Information Impacts Necessary Earth Aesthetics APPLICATION NO: LUA07-125, SA -H, ECF DATE CIRCULATED: OCTOBER 24, 2007 z 0 Recreation Water APPLICANT: Capital Homes LLC PROJECT MANAGER: Elizabeth Higgins G ~� Public Services PROJECT TITLE: 409 Whitworth Site Plan PLAN REVIEW: Jan Illian `n tz Ri SITE AREA: 7,200 square feet BUILDING AREA (gross): 17,674 square feetd< m t.a Energy/ Natural Resources LOCATION: 409 Whitworth Avenue S WORK ORDER NO: 77832 C O o lit d SUMMARY OF PROPOSAL: The applicant has requested site plan approval for a proposed 5 -story, 16 -unit, multi%mily, residential condominium development. An existing single-family residence and garage would be removed from the site. Access would be from an existing alley (between Whitworth Ave S and Shattuck Ave S). Parking would be primarily within the building on the ground level (3 exterior spaces would be abutting the alley). The four floors above the parking level would have 12 one -bedroom units and 4 two- bedroom units. A rooftop recreational space is planned. An environmental determination by the Environmental Review Committee and a Hearing Examiner Site Plan Review at a public hearing are required. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable More Major Information Impacts Necessary Earth Aesthetics Air Recreation Water utilities Plants Public Services Land/Shoreloe Use Historic/Cutturai Preservation Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Environment Probable Probable More Minor Major Information Impacts Impacts Necessary Housing Aesthetics Li ht/Glare Recreation utilities Transportation Public Services Historic/Cutturai Preservation Airport Environment 10.000 Feet 14,000 Feet C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is need&' to properly assess this proposal. Signature of Director or Date NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NONSIGNIFICANCE -MITIGATED (DNS -M) DATE: LAND USE NUMBER: PROJECT NAME; October 24. 2097 tUA07.125, SA -H. EGF 439 VJhllwor n Site Plan PROJECT 13ESCR€PTION: the applicant 'ras requested site Plan approve for a oroposed E-slc:y, +S-unh, multi -family. residential condominium developmenl Ari exislmg smgle-famiry residerce arc garage woud be removed from he sire. Access would be from an existing alley (between Whitwortl- Ave S and Shattuck Ave S). Parking -d be primarily wilhn the builcirlg on the g-ound level i 3 exienor spaces woLld he aumtfi-rg tie alley). The 'our fleets above the parking level would have 12 One-tedmom ,rails and two-bedroom units A routfoy recreational space '7s planned An environmental determination by the En—wmmenla Review Committee add a Hewing Eaaminer Site P131 Review at A putllc hearing are required. PROJECT LOCATION: 409 bl'hlYwodh rvaoue S OPTIONAL DETERMINATION OF NON -SIGNIFICANCE, mint TED (DNS -MI: As the Lea, Agency, the Gly of Renton has determined That Significant en-cornerri hmpacts are ullikely to result from the proposed protect, Therefor,. as permitted under the RCW 43 21C 11 C. the Cry of Renton is using the Opllonal DNS -M process ro give notice ;hat a ONS - M is likely to be issued- 2--ent periods fcr the projecr and the groyosed DNS-iA are integrates Into a single comrnent period. There 0111 be no ca^rt-enl period 'ollowing -he ris,rance o' rhe Thrasho,d ❑ele-or— ion of Nen-S1gni'Icance- Ming ated (il_ A 14 -day aplisal period will WAor the issuance of the DNS -M_ PERMIT APPLICATION DATE: October 19 2007 NOTICE OF COMPLETE APPLICATION: October 24, 2007 APPLICANTfPROJECT CONTACT PERSON: Chris Colic, Capital Homs. LLQ Tel: (206) 669-5413; End: cmcirillo@yahoo com Permit rlReview Requested. Environmental ISFPAI Review, Hearing Examiner Site Plan approve Other Permits which may be required, Construction and Building Permits Requested Studies: Geotechnical Engineering Report, Civil Engineering Report and Traffic Study Location where application may be reviewed: Planningl8ulldinglPublic Works Department, Development 5.rvicea Division, Sixth Floor Renton City Hall, 1055 South Grady Way, Renton, WA 98057 PUBLIC HEARING: Public hearing Is tertatrvev scheduled for January 15 2008 before tire Reiter Hear-rminer in Renton CPunc-1 harnters. Hearings begin at 9'.00 NA on the 7th floor of the new Rentor, City Ha I located at 1055 South GradyWay- CONSISTENCY OVERVIEW: ZoningfLand Use: 7ner subject site is designated Urban Center - Cewntowa [Un -O) on the City of Rentcn Comprehensive Land Use Map and Center Downtown (CD) on the CIYVs Lolling Map. Envlronmenial Documents that Eve ilot a the Proposed Project: Emil—enta: iSEPA) Checklist Development Regulations Used For Protect Mitigation: The prcjecl will be subject to :he City's SEPA ordinance, RMC 4-2107UL RMC 4- 2-1203, RMC 4.2.1250 RMC 4-3-10CE, RMC 4-9-200 and other appllcable codes and regulations as appropriate. Proposed Mitigation Meascres' -,e folloevmg Mltigalion Measures will likeh; he unposed on the proposed pro;ec These recommenced h1Rigation Measures address p-olect im,,Gs net covered ty exisang codes and regulations as oiled Peeve. • The anpricarri will be reourreb t, eay t7re appnapdore Transp ortaflcn Mr[rga'ion Fee,- • The applicant.. he regrured to pay fire apprgoriate F,re MiflgaNnn sae; • Tne applicant rvxf L. reo!l 1, pay the appraGnala parks lfiligat;on Fee Erosion control shat' comdiy with lira 2605 Deaarimen[ of erorogy Stormwater Maraue2ent Manu.,', and Profeci constru.%o snalf cccto y with rhe in the geotechnical reci q.. Comments or the above app[icanon must he submitted in writing to Elizabeth Higgins, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:60 PM ort November 7, 2007. This matter Is also tentatively scheduled for a public hearing on January 15, 2008, at 9:00 AM, C nc1 Chambers. Seventh Floor. Renton City Hall. 1355 South Grady %Nay, Rentcn. If you are interested in attending the hearing. please contact the Development Servlcea Division to ensure that Ore heamg has no: been rescheduled at 1425) 430-7252, If mmems canrot to submitted in wrltng by :he dale indicates above, you may still appear at ,he hearing and presen: your comments or the proposal before the Hearing Examiner. If you ll—questions about this proposal. or Wse :o he made a party of record and receive additional in'ormarion by mad, Please contac: the project manager Anyene who subm Is written comments will at-t—rib ty become a Party of record and will be retried of any decision on This project. CONTACT PERSON: Elizabeth Higgins, Senior Planner; Tel: (425) 430-7382; Enrl: ehiggins@ci,renton.wa.us PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION If you would tike to be made a party of record to receive further information on this Proposed project, complete this form and retum to City of Renton. Development Planning, 1055 So. Grady Way, Renton. WA 9BO57- NamelFile No.: 409 Whitworth Site PlanfLUA07-125, SA -H, ECF NAME. MAILING ADDRESS: TELEPHONE NO.� CERTIFICATION I, 5E -i (gE&M , hereby certify that T copies of the above document were posted by me in T conspicuous places or nearby the described property o11�,.�M 1 IIIA DATE: /0-1*07- SIGNED: • �'`�� `'' .00- 4F ATTEST. Subscribed and sworn before me, a Notary Public, in and for the State of Washington residing iS s s on the da tri y of IVC ARY Pit LIC SIGN, I i� ` �•A I i- 1►111'll"ll CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 24th day of October, 2007, 1 deposited in the mails of the United States, a sealed envelope containing Accpetance Letter, NOA, Environmental Checklist & PMT's documents. This information was sent to, Name Re resentin Agencies See Attached Chris Cirillo, Capital Homes LLC Contact Kayser Ole Willey Owner Surrounding Property Owners See Attached (Signature of Sende STATE OF WASHINGTON } } SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the Li$p$.and purposes mentioned in the instrument. Dated: Notary (Print): My appointment expires: Project Name: 409 Whitworth Project Number: LUA07-125, SA -H, ECF template - affidavit of service by mailing AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology * WDFW - Stewart Reinbold Muckleshoot Indian Tribe Fisheries Dept. Environmental Review Section c/o Department of Ecology Attn: Karen Walter or SEPA Reviewer PO Box 47703 3190 1601h Ave SE 39015 — 1729d Avenue SE Olympia, WA 98504-7703 Bellevue, WA 98008 Auburn, WA 98092 WSDOT Northwest Region ' Duwamish Tribal Office " Muckleshoot Cultural Resources Program Attn: Ramin Pazooki 4717 W Marginal Way SW Attn: Ms Melissa Calvert King Area Dev. Serv., MS -240 Seattle, WA 98106-1514 39015 172nd Avenue SE PO Box 330310 Auburn, WA 98092-9763 Seattle, WA 98133-9710 US Army Corp. of Engineers * KC Wastewater Treatment Division * Office of Archaeology & Historic Seattle District Office Environmental Planning Supervisor Preservation* Attn: SEPA Reviewer Ms. Shirley Marroquin Attn: Stephanie Kramer PO Box C-3755 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98124 Seattle, WA 98104-3855 Olympia, WA 98504-8343 Boyd Powers * Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. City of Newcastle City of Kent Attm SEPA Section Attn: Mr, Micheal E. Nicholson Attn: Mr. Fred Satterstrom, AICP 900 Oakesdale Ave. SW Director of Community Development Acting Community Dev, Director Renton, WA 98055-1219 13020 SE 72nd Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Metro Transit Puget Sound Energy City of Tukwila Senior Environmental Planner Municipal Liason Manager Steve Lancaster, Responsible Official Gary Kriedt Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01 W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities State Department of Ecology Real Estate Services NW Regional Office Title Examiner 3190 160`h Avenue SE 700 Fifth Avenue, Suite 4900 Bellevue, WA 98008-5452 PO Box 34018 Seattle, WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application. * template - affidavit of service by mailing 784130017501 ATS AUTOMATION 450 SHATTUCK AVE S STE RENTON WA 98055 784080026502 BANASKY GEORGE C 100 415 MORRIS AVE S RENTON WA 98055 182305905206 BURLINGTON NORTHRN SANTA FE ATTN PROP TAX PO BOX 96189 FORT WORTH TX 76161 784080012502 CHILTON PAUL A+SUELLEN 19703 1ST S NORMANDY PARK WA 98148 784080022501 DEWITT MARK+TANYA P 0 BOX 59763 RENTON WA 98058 784080021503 FISHER FAMILY TRUST 416 WHITWORTH AVE S RENTON WA 98057 784080022006 HIGGINS GERALD R+KELLY 417 WHITWORTH AVE S RENTON WA 98055 784080025504 KERLIN MITCHELL W 419 MORRIS AVE S RENTON WA 98055 784130013005 MAFFEO ENOCH V 400 SHATTUCK AVE S RENTON WA 98055 784130014508 SHERIDAN PHILIP J 2016 S LUCILE ST SEATTLE WA 98108 784080017006 CAYCE KAMERON C+TERRI 29013 229TH AVE SE BLACK DIAMOND WA 98010 784130022006 CLAREY RICK G+STEPHANIE A 419 WHITWORTH AVE S RENTON WA 98055 784130021503 FAKHARZADEH M HADI PO BOX 78404 SEATTLE WA 98178 784080017501 GION EDWARD J 408 WHITWORTH AVE S RENTON WA 98055 784130017006 ANN KANEMORI SCOTT F 432 SHATTUCK AVE S RENTON WA 98055 784130023004 KOZAI WILMA M 415 WHITWORTH AVE S RENTON WA 98055 784130020604 MCLAUGHLIN RYAN & SHANNON PO BOX 4093 RENTON WA 98057 784130020109 TEAM PROPERTIES LLC 450 SHATTUCK AVE S STE 100 RENTON WA 98055 784130022501 BAREI BENNETT LOUIS+DRIUSSI RITA 614 S 18TH ST RENTON WA 98055 784130010001 CCAS PROPERTY & CONST 710 9TH AVE SEATTLE WA 98104 784130024507 DEACY HAROLD A 407 WHITWORTH AVE S RENTON WA 98055 784080026007 FIORETTI GENE M 411 MORRIS AVE S RENTON WA 98055 784080021008 HALLOWAY CAROLYN M 414 WHITWORTH AVE S RENTON WA 98055 784080023004 KENNON BRIAN 3000 NE 100TH ST SEATTLE WA 98125 784130014003 LONG DAVID 408 SHATTUCK AVE S RENTON WA 98055 784080013500 NORDSTROM CARL R & MARIAN H 409 MORRIS AVE S RENTON WA 98055 182305911808 TENNESSEE GROUP LLC 715 LIND AVE S RENTON WA 98055 784080013005 784080023509 784130015505 THOMAS DUANE A+CHARLOTTE R TORKELSON EDWARD R TRAXEL D E 235 FACTORY AVE N 11006 RAINIER AVE S 418 SHATTUCK AVE S RENTON WA 98055 SEATTLE WA 98178 RENTON WA 98055 784080025009 WHITLOCK RAFORD L+BONNIE B 425 MORRIS AVE S RENTON WA 98055 Kathy Keolkcer, Mayor October 24, 2007 Attn: John Lefotu and Ramin Pazooki Washington State Department of Transportation 15700 Dayton Avenue North PO Box 330310 Seattle, WA 98133-9710 SUBJECT: Project Name LUA07-125, SA -H, ECF Dear Sirs: CITY ' 3F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator Enclosed is a copy of the TIA for the subject land use application along with a copy of the proposed site plan. If you have additional comments or concerns, you may either send them via mail or email them to me at ehiggins@ci.renton,wa.us The Environmental Review Committee is scheduled for November 26, 2007. I would appreciate your comments prior to the meeting, preferably by November 7, 2007, if possible to incorporate any comments into the staff report. Sincerely, EIizabeth Higgins, AICP Senior Planner CC.' Project File Jan Illian, City of Renton — Plan Review 1055 South Grady Way - Renton,' Washington 98057 R E ly 1 O N AHEAD OF THE CURVE �ThiSpaper contains 5O%iecydedmeferia#,36%post consumer _ _ _ City of Renton �vELoP,�"` LAND USE PERMIT � "TM�F�� OCT 1 g � MASTER APPLICATION vkE'1f-1V61a PROPERTY OWNER(S) NAME: Kaiser ADDRESS: Y -A CITY: � � ZIP; 1s `( `�, TELEPHONE NUMBER: LG APPLICANT (if other than owner) NAME: COMPANY (if applicable) - C, ADDRESS: Q3 01A h 4 M--. CITY: �r \14 ZIP: 0 1 r TELEPHONE NUMBER\ j l LAa6-35L1 -S54y CONTACT PERSON NAME: L� 11l 'i L r 1 l COMPANY (if applicable): C. `� OA 0 5 ADDRESS: {�1 CITY: ZIP: TELEPHONE NUMBER AND E-MAIL ADDRESS: oao(:�v , uAticjq (- rfncjr,%OD, PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: H o q \4 v)-li yq or �1 PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ydr� A V)Av4o rtV) Ave, ' . Qcn-kbyl JA OROG-s KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): EXISTING LAND USE(S): PROPOSED LAND USE(S): EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: acla owl PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): N/A EXISTING ZONING: W �& ej- C6w4cwa) PROPOSED ZONING (if applicable): fA SITE AREA (in square feet); --+1 qq -5ct V4 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: O PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): 9-4 NUMBER OF PROPOSED LOTS (if applicable): 4 NUMBER OF NEW DWELLING UNITS (if applicable): Q:webipw/devsery/forms/planning/masicrapp.doc I 10/19/01, P JECT INFORMATION (cont NUMBER OF EXISTIN DWELLING UNITS (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): � (~i_ 11 ,_,k-� A SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N /-A SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): 1111 I SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/ -A NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): 10 f -\ NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): N /-A PROJECT VALUE: S 1 1000 1 an IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): NIA ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ❑ GEOLOGIC HAZARD sq. ft. ❑ HABITAT CONSERVATION sq. ft. L] SHORELINE STREAMS AND LAKES sq. ft. Q WETLANDS sq_ ft_ LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following irrformation included) SITUATE IN THE EQ -5f QUARTER OF SECTION I9 , TOWNSHIP A3, RANGE 5, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP 1, (Print Names) Ivy 5 &4nP,�i 4- ` ' �'40 , declare that I am (please check one) _ the currant owner of the property invohred in this application or _�C the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in sit respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that Ar.s G &&Ie -l -f '� &P 6,(l b ,,lej- signed this instrument and acknowledged it to be his/herltheir free and voluntary act for the ,uses and purposes mentioned in the instrument. VV natu of Owner/Re resentative) J� &J�_ 4� MObIO /SMO sus of WOO* 4101, JMA I'm 11 0 MV mol W"b0fts App 9, 2011 1 Nota' public in and for the State of Washington ' Notary (Print) � o 1) � A �'7 l) ' 1. My appointment expires: L 1 I - � 0 vww lw11lvM1 mw to~ Sm"A tax IEogttIRA 3toewomkqaAYM AUTHORIZATION The undersigned hereby declares that he is the owner of that certain real property with the address 409 Whitworth Avenue S., Renton, WA 98057 (the Property). 2. The undersigned hereby confirms that pursuant to that certain Residential Real Estate Purchase and Sale Agreement dated May 2, 2007 (Agreement) between the undersigned (Owner) and Chris Bennett, which Bennett has assigned to Capital Homes LLC, a Washington limited liability company (Buyer), the Owner has authorized Buyer to prepare, execute, and submit documents related to obtaining permits and making improvements to the Property prior to the closing date of the Agreement, including without limitation, the City of Renton Land Use Permit Master Application. 3. Buyer hereby confirms that it shall be responsible for payment of all permit fees and legal obligations related to this authorization. C0I►;10" Kays Ole Willey BUYER: Capital Homes LLC C Chris Cirillo STATE OF WASHINGTON ) } ss COUNTY OF KING } /� - /6 Date Date 1,0 16/,5-7 Date I certify that I know or have satisfactory evidence that Kayser Ole Willey acknowledged that s/he/they signed this instrument. S/he/they stated on oath that s/he/they was/were authorized to execute the instrument, and s/he/they acknowledged and signed this instrument as his/her/their free and voluntary act for the purposes and uses mentioned therein. DATED: �y Residing at Prin d Name: Notary Public for the State of Washington 55Cmrle'VjP' -1Iiv 3 My app 1 1 l STATE OF WASHINGTON I ss halnry rubNc COUNTY OF KING s� of W � ,�asEn+ BORGES eo��s r App0Wh" t *q*" Aug b, 2011 I certify that I know or have satisfactory evide Ch Cirillo acknowledged that s/he/they signed this instrument as authorized signers for Capital Homes LLC. S/he/they stated on oath that s/he/they was/were authorized to execute the instrument for said company, and s/he/they acknowledged and signed this instrument as the free and voluntary act of said company for the purposes and uses mentioned therein. DATED: 1 D /f C, &L-2 PfirWedgame: Residing at: -Sr Notary Public for the State of Washington Ae, WA wic"_1 My appointment expires: A E ,ft_t Hak" hello ft" 01 woawom Page I of 1 tel" IM"_ M11 AppON l 1 Aug b, 2011 P ClTY OF i4�kaNIWlNG OCT 19 2007 RECEIVED Pre -application meeting for the 409 Whitworth Multi -family Building 409 Whitworth Avenue South PRE07-028 City of Renton Development Services Division April 19, 2007 Contact information Planner: Elizabeth Higgins, AICP, (425) 430-7382 Public Works Plan Reviewer: Jan Illian, (425) 430-7216 Fire Prevention Reviewer: Jim Gray (425) 430-7023 Building Department Reviewer: Craig Burnell, (425) 430-7290 Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects and contractors who work on the project. Pre-screening: When you have the project ready for submittal, have it pre-screened before making all of the required copies. The pre -application meeting is informal and non-binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Zoning Administrator, Public Works Administrator, and City Council). OEVELOPMEN I SERVICIM CITY OF RFNTON F R I .I. .r MEMORANDUM EMNE DATE: A (P ?Zb---� TO: Construction Services, Economic Development, Fire Prevention, Plan Review, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: _J061 wh ItW)r--H1 LOCATION: 4 D _I _ iNI'*4o v -m ANc. S . J PREAPP NO. (2-cl o1 - D A meeting with the applicant has been scheduled for ��I (� L�, Thursday, at 2LO ❑AM M, in one of the 66' floor conference rooms. If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 11:00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Plan Reviewer assigned is 1. Please submit your written comments to lt(Planner) at least two (2) days before the meeting. Thank you. 7 'y/,&A 7 H_%Division.sMevelop.ser\Dev & Plan.ing\TemplateTreapp2 Revised 1-05 �� FIRE DEPARTMENT VAN � +) M E M O R A N D U M DATE: April 11, 2007 TO: Elizabeth Higgins, Senior Planner FROM: James Gray, Assistant Fire Marsha) SUBJECT: 409 Whitworth Multifamily, 409 tworth Ave. S Fire Department Comments: 1. The preliminary fire flow cannot be determined at this point. Additional information is need, total square footage and type of construction. One hydrant is required within 150 feet of the structure and additional hydrants are required within 300 feet of the structure, based on the fire flow. 2. A fire mitigation fee is required based on $388.00 per unit_ 3. Separate plans and permits are required for the installation of sprinkler and fire alarm systems. 4. Fire department access roadways are required to within 150 feet of all portions of the building exterior. Roadways are a minimum 20 feet in width with a turning radius of 45 feet outside and 25 feet inside. 5. Fire department dead end access roadways over 150 feet in length are required to have an approved turnaround. Please feel free to contact me if you have any questions. i;\409whitworthmult.doc CITY OF RENTON MEMO UTILITY PLAN REVIEW TO: Elizabeth Higgins FROM: Jan Illian DATE: April 16, 2007 SUBJECT: PREAPPLICATON REVIEW COMMENTS WE ITWORTH MULTI FAMILY CONDOS F3 PREAPP NO. 07-028 409 — Whitworth Ave S. NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjustment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. WATER There is an existing 4 -inch water main in Whitworth Ave South. Preliminary fire flow required for the new proposed use is undetermined at this time. Available fire flow at the 4 -inch main in Whitworth is approximately 800 gpm. Extension of an 8 -inch water main in Whitworth will be required to provide a maximum of 2,500- gpm-fire flow. Applicant will be required to connect to the 12 -inch main in S. 4th Street and extend an 8 -inch water main to the south property line in Whitworth and tie into the existing 4 - inch water main. If fire flow exceeds 2,500 gpm, a 10 -inch looped water main will be required. 4. Hydrants capable of delivering a minimum of 1,000 gpm are required for this new use. One hydrant is required for each 1,000-gpm fire flow. One hydrant must be located within 150 feet of the structure. Additional hydrants shall be located within 300 feet of the structure. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification in meeting the required distance. 5. Based on the site plan and location of existing hydrants, new hydrants will be required to be installed with the new water main. 6. Any existing 3 -port hydrant counted as fire protection will be required to be retrofitted with a 5 - inch "Storz" type quick disconnect fitting if not already in place. 7. The site is located in the CD zone. Water System Development Charges (SDC) for multi -family is based on a rate of $ 0.273 times the gross square footage of the site. Fees are payable at the time the utility construction permit is issued. Credit will be given for existing water service. Owner occupied units are exempt from this fee under Ordinance 491 C_A Q Whitworth Mkllt� -famav CVIIdUS April 1-5, 2007 Page 2 of 3 The proposed project is located in the 196 -water pressure zone and is outside an Aquifer Protection Zone. Static pressure in the area is approximately 72 psi. A fire sprinkler system is required by the fire department. A separate utility permit and separate plans will be required for the installation of all double detector check valve assemblies for fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". DDCVA installations outside the building shall be in accordance with the City of Renton Standards. 10. If the building exceeds 30 feet in height, a backflow device will be required to be installed on the domestic water meter. 11. Landscape irrigation systems will require a separate permit for the irrigation meter and approved backflow device is required to be installed. A plumbing permit will be required. SANITARY SEWER There is an existing 8 -inch sewer main in the a]ley west of the site. The site is located in the CD zone. Sewer System Development Charges (SDC) for multi -family is based on a rage of $ 0.142 times the gross square footage of the site. Fees are payable at the time the utility construction permit is issued. Credit will be given for existing sewer service. Owner occupied units are exempt from this fee under Ordinance 49I3. The underground parking garage will require floor drains and shall be connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15 -minute retention time for peak flows anticipated in the garage area, but in no case will be less than 240 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. SURFACE WATER There is a drainage conveyance system S. 4'" Street. It does not appear there are drainage facilities in Whitworth Ave S. 2. The site is located in the CD zone. Surface Water System Development Charges (SDC) for multi- family is based on a rate of $ 0.265 times the new impervious surface area. Fees are payable at the time the utility construction permit is issued. Owner occupied units are exempt from this fee under Ordinance 4913. 3. A storm drainage plan and drainage report will be required in accordance with the 1990 KCSWM. All core requirement and any special requirements shall be outlined in the report. 4. Erosion control shall comply with Department of Ecology's latest of edition of the Storrnwater Management Manual. Roof downspouts will be required to be tightlined to the storm system. TRANSPORTATION/STREET There are street improvements fronting the site in Whitworth Ave S- Whitworth Multi -family Condos April i5, 2007 Page 3 of 3 2. Existing right of way width in the alley is 16 feet. Applicant will need to pave the entire width (16 feet) of the alley to S. 4'h Street. ' M � ((Tex I %ra- 3. A traffic mitigation fee of $75 per additional generated daily trip shall be assessed as determined by the ITE trip generation manual. GENERAL COMMENTS 1. All plans shall conform to the Renton Drafting Standards and drainage shall comply with the 1990 King County Surface Water Manual as adopted by the City of Renton. 2. When approval is granted and utility plans are complete, please submit permit application, three (3) copies of drawings, one (1) copy of the drainage narrative, and an itemized cost of construction estimate and application fee at the counter on the sixth floor. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000- Half the fee must be paid upon application. 3. The applicant is responsible for securing all necessary, if any, private or public utility easements. 4. Separate permits and fees for side sewer(s), domestic water meter(s), landscape irrigation meter and any backflow devices will be required. 5. Any proposed new rockeries or retaining walls to be constructed that are greater than 4 feet in height will be require a separate building permit. Proper drainage measures are required. 6. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. 7. A permit to cut and cap existing water and sewer connections on site will be required as part of the demolition permit. CC: Kayren Kittrick CITY OF RENTON Planning/Building/Pub lie Works MEMORANDUM DATE: April 19, 2007 TO: Pre -Application File No. PRE07-028 FROM: Elizabeth Higgins, Senior Planner, (425) 430-7382 SUBJECT: 409 Whitworth Multi -family, 409 Whitworth Ave S General: We have completed a preliminary review of the above -referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Zoning Administrator, Development Services Director, Planning / Building / Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for 550.00 plus tax, from the Finance Division on the first floor of City Hall. Location and Existing Use: The 7,200 sfproperty is located on the west side of Whitworth Ave. S, south of S 4`h St. Currently, there is a 2 story, single-family residential structure built in 1921 on the property_ Houses to the north and south and across the street were all constructed in the 1920s, with the exception of an office at the southeast corner of S 41h and Whitworth, which was constructed in 1902. Project Proposal: The proposal is to construct one multi -family building with parking at grade under the building. The preapplication narrative did not indicate the number of proposed units. Consistency with the Comprehensive Plan: The existing development is located within the Urban Center Downtown (UC -D) Comprehensive Plan Land Use designation. The following policies are applicable to the proposal: LU -217. Development and redevelopment of the Urban Center Downtown should strive for urban density and intensity of uses. Objective LU-QQ: Encourage additional residential development in the Urban Center — Downtown supporting the Countywide Planning Policies definition of Urban Center. Policy LU -224. Maximize the use of existing urban services and civic amenities and revitalize the City's downtown by promoting medium to high-density residential development in the downtown area. Allowed densities should conform to the criteria for Urban Centers in the countywide policies. Main Avenue `townhouses Preappheation Meeting October 12, 2006 Page 2 of 4 Policy t,U-228. Condominium development and high-density owner -occupied townhouse development is encouraged in the Urban Center — Downtown. Zoning designation and consistency of land use: The subject property is located in the Center Downtown (CD) zoning designation, in District A of the Downtown Urban Design Overlay. In the CD zone, attached dwellings are permitted uses, provided they meet the density requirements of the zone. In the Downtown Urban Design Overlay, development projects must follow the design standards for their district (RMC 4-3-100, "Urban Design Regulations"), The Urban Design Regulations are attached to the development standards handout, included in the folder of information given to the applicant at the preapplication meeting, The design review will take place when the project is submitted for Site Plan Review. The properties surrounding the subject lot are also zoned Center Downtown. Development Standards: The following standards apply to new development on the site. A copy of the development standards, RMC 4-2-11 OF, can be found in the packet given to the applicant at the pre -application meeting. Lot Coverage: The lot can be covered up to 75 percent, if parking is within the building. The preapplication plan indicates parking would be under the building. Density: There is no minimum density due to the size of the property (less than one-half acre). The maximum density allowed in the CD zone is 100 du/a. Based on 9 proposed units, the density of the proposed project would be 55 du/a. Setbacks — Setbacks are the distance between the building and the property line or any private _ access easement. The minimum front yard setback for the subject lot in the CD is 15 feet, if iG t{ ref the building is taller than 25 feet. There is no rear yard or interior side yard setback. Z A0 o Iii NOi, The 15 foot front setback on the 60 -foot wide property would provide 12.5 percent open space (900 sf). An additional 900 sf of space would be required to meet the maximum coverage by buildings of 75 percent. Building height — The subject property is located within Safety Zone 2, "Inner Approach/Departure Zone" of the Renton Municipal Airport. Although building height of up to 95 feet in the CD zone is allowed, compatibility with aviation operations of the, Airport must be demonstrated (see RMC 4-3-020). i,.IvJu ot4- Access and Egress — Both access and egress to/from the property must be via the north - south alley between Shattuck and Whitworth Avenues. This alley terminates to the south as a dead end. All vehicles will have to enter and exit the alley at its intersection with S 4`h Street. No vehicular access to Whitworth is permitted. The paved area of the alley is approximately 10 feet wide. The right-of-way width is 16 feet. The plan must be approved by the Fire Prevention Bureau. Parking: In the CD zone, the parking requirement is based on the number of bedrooms in each unit. The proposed units are 5 2 -bedroom units and 4 1 -bedroom unit. Two bedroom units require 1.6 spaces per unit and 1 -bedroom units require 1.2 spaces per unit, therefore 1~8'13 07-028 409 Whitworth Multi -family (CU, Dislnct A, unkwn units).docl Main Avenue Townhouses Preapplication Meeting October 12, 2006 Page 3 of parking spaces would be required (5 units x 1.6 spaces per unit = 8 spaces and 4 unit x 1.2 spaces = 5 spaces). Of the 13 required spaces 1 space must meet ADA accessibility F.' e0 4� - requirements. 5' �" ML�' '9 The number of compact to standard stalls for structured parking (RMC 4-4-075F8ciii) is 50 percent. Because the garage would have 2 -way traffic with the garage door only on the west wall, the parking would be at 90 -degrees. The dimensions for compact stalls, at 90 - degree configuration would be 7 feet 6 inches wide and 13 feet in length. Standard stall dimensions are 8 feet four inches wide and 16 feet for stalls in a 90 degree configuration. The required 24 -foot aisle width is shown on the concept plan. Exhibit `A' provided for the preapplication conference has parking stalls less than the required length and without standard sized stalls. Exhibit `B' also has incorrect dimensions. Neither plan has an accessible space provided. Refuse and Recycling Deposit and Collection Areas: Renton Municipal Code 4-4-090 provides the requirements for refuse and recycling areas on the project site. The preapplication concept drawing does not indicate where these would be located or the size that would be provided. Multi -family projects must provide screened areas for refuse and recyclables at a rate of 1.5 sf per unit for recyclables and 3 sf per unit for refuse. They must not be located within the required setback areas nor in the garage backup areas. The refuse and recycling area cannot be located within the alley ROW and must be screened. Design: The project is located in the Downtown Urban Design Overlay District A, so the project must meet the requirements contained in the Urban Design Regulations (RMC 4- 3-100). The regulations are included in the packet of information given the applicant at the preapplication meeting. Compliance with the Design Regulations for District A in the Downtown Urban Design Overlay would be reviewed during the site plan review process. Landscaping: Setback areas must be landscaped. In the CD zone, perimeter street landscape areas may use a mix of "hardscape," such as paved surfaces, and plants. Plants may not comprise less than thirty percent (30%) of the total landscaped area however. There is a minimum of 10 feet of landscaping required along the street frontage in the CD zone. Due to the requirement for 15 foot setbacks (because of the proposed building height), however, landscaping would be required to cover all pervious areas of the setbacks. Project Review and Approval Process: The project is not subject to environmental review due to its size. An Administrative Site Plan Review and Approval would be required. Compliance with the development standards and Design Regulations for District A in the Downtown Urban Design Overlay will be reviewed as part of the site plan review process. A public hearing would not be required. All subsequent permits must be in compliance with the approved site plan. 07-028 409 Whitworth Mulli-family (CD, District A, unk-,vn units).do6 Main Avenue Townhouses Pteapplication Meeting October 12, 2006 Page 4 of 4 Permit Requirements: A building permit and associated permits will be required for the project. Please contact the main counter of the Development Services Division at (425) 430- 7200 for building permit information. Fees: In addition to building permit fees, utility construction permit fees will be assessed for construction of site improvements. Also, the following mitigation fees would be required prior to utility construction permit issuance or building permit issuance: A Transportation Mitigation Fee based on $75.00 per each new average daily trip attributable to the project. A Fire Mitigation Fee of $388.00 per multi -family unit. A Park and Recreation Mitigation Fee of $354.51 per multi -family unit. Please see the comments from the Fire Prevention and Public Works plans reviewers for a breakdown of the fees. A handout listing all of the City's Development related fees is also attached for reference. In advance of submitting the full application package, applicants are strongly encouraged to bring in one copy of each application item for a pre-screening to the customer service counter to help ensure that the application is complete prior to making all copies. CC' Jennifer Henning 07-028 409 Whitworth Multi -Family (CD, District A, unlnvn units),doo w DEVELOPMENT SERVICES DIVISION! WAIV ___ OF SUBMITTAL REQUI _MENTS FOR LAND USE APPLICATIONS arVED : C3F} FLED. FGu,s far Cons ruction Mitigation Description 2AND4 Deed of Right-of-Wi1 #Jed, A� n , . Density Worksheet 4 Drainage:Controf PlanZ Drainage Report z Elevations:, Archi#,ects�tf�nt " Environmental Checklist 4 ,Existing COilBri�t]tS�ETAffj9iOf4' Fxisting Easements (Recorded Copy) 4 Flood H.azarc Data g f=loor Plans 3AND 4 Geotechnical ReporlaANG' .. _ Grading Plan, Conceptual 2 Grading Plan '-iabitat Daia Report 4 mprovement Deferral rrigation Plan 4 :ing County Assssvr`s ivg tndscatinc'�teg . Landscape Pian, Conceptual4 andscape Plan, D:etailed:o cga! Description 4 ist of Surrounding 'Prciper€y ..........Owfl:ersa, failing Labels for Property Owners 4 ap of Existing Site Conditions : ester Application Form 4 onurnent Cards (ons per #�7s r n�rtt} ?ighborhood Detail Map 4 is requirement may be waived by: Property Services Section PROJECT NAME: Public �Norks Plan Review Section Building Section DATE: C Et$RMEPFT PLANNING Development Planning Section CITY OF PENTON OCT 19 2007 RECEIVED :�a'YNEE3 F'WiDEVSERVIFormslPlanninglwaiverofsubmittalregs_9-46.xls o9/p6 DEVELOPMENT SERVICES DIVISION WAIVE OF SUBMITTAL REQUII MENTS FOR LAND USE APPLICATIONS ANI] JS. �'ER�J1i' UBM TAi ...: �►Vk fEb QDIFt {3 CUM LENTS EQUIREMNTS , Lot Coverage & Landscaping Analysis 4 piandijc#Ignst'MTs e Reservation 4 s < E cation Meeting Summary arks Approval Lei#�r ; ..:.. . ation Plan , c[3etar€ ^ .... . Site Pian 2AND 4 Stream or Lake Study, Supplemental, 1( .Stream or fake Mittgakiot . 4 . .....'........:. :.: Street Profiles 2 Tifle' Report ar P181 C0rtificat� 4 Topography Map 3 Traffic Study 2 Tree Cutting/Land Clearing Plan 4 Urban Center D s grz Qu ay [Jastrt R : i... ; Jtiiities Plan, Generalized 2 ,Vetlands Mittgaitot3;Pat�,ni 4i. ....:. .......:.'. wetlands Mitigation Pian, Preliminary 4 ft Vettarfids Ri porib6.lrrrsatriir� a fr Vireiess Applicant Agreement Statement 2AN03 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2AND 3 Map of Existing Site Conditions 21ND3 Map of View Area 2 AND a Photosimulations 2 AND 3 Js requirement may be waived by: � C, f� ,• �— �� -, I - j��,,� [ Property Services Section PROJECT NAME: Public Works Pian Review Section Building Section DATE: Development Planning Section 0:1WEE) PMDEVSERV1FormslPlanninglwaiverofsubmrttalregs_9-06.xls 09106 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 'E'EVELOPMENT PL"W* CITY OF MENTON OCT 1 9 2001 RECEIVED 1. Gross area of property: 1. 7199_ 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** 0 square feet Private access easements*" 0 square feet Critical Areas* 0 square feet Total excluded area: 3. Subtract line 2 from line 1 for net area 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned 2. 0 3. 7199_ 4. 0.165 5. 16 square feet square feet square feet acres units/lots 6. Divide line 5 by line 4 for net density: 6. 97 = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deductedlexcluded. ** Alleys (public or private) do not have to be excluded. C:'Docurnents and SettingslCCirillo%Desktop%Houses%RentonlSite Submitta31409density.doc 1 Last update Ir r DEVELOPMENT PLANNING CITY OF RENTON TSA f�.;.�.:. OCT 19 2007 October 15, 2007 RECEIVED City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Re: Site Plan Review Project Narrative for the 409 Whitworth Condominium Project PROJECT LOCATION / EXISTING CONDITIONS The project site is bounded by Whitworth Avenue South on the East, by an alley to I I0 N.F n''' `t ... t the West, by South 3nd Street one lot to the North and by a single family structure to the South. The site is in downtown Renton in the Center Downtown zone (CD). Bo I I .%.,,,., WA The site is approximately 7199 square feet. Currently there is a single family house 14 with a detached garage on the site. The soils on the site have been analyzed and a separate geotechnical study accompanies this Site Plan Review Submittal. +"' "°"' PROPOSED DEVELOPMENT A five story condominium project with associated structured parking is proposed for the site. T'he building will contain a total of 16 residential units. Parking will be accommodated with one level of at grade structured parking. The parking will be accessed from the alley on the West side of the site. The density= of the proposed project will be 97 dwelling units per acre. The maximum outright density allowed in the CD zone is 100 dwelling units per acre. PARKING It is proposed that traffic to the parking garage will enter off the alley. Residential parking in the CD zone is to be provided at 1.2 spaces per one bedroom dwelling unit and 1.6 spaces per two bedroom dwelling unit. There are 16 units in the proposed project. 12 of these are one bedroom units and 4 of these are two bedroom units. Therefore 21 residential parking spaces are required. In order to accommodate the required nurnber of parking stalls with the structural requirements of the building we have located columns on the stall "stripe line" in three locations. These columns will not be more than 12" wide thus will not encroach into any parking stall more than 6". Also, these columns have been located out of the car door soling area so they will not compromise the utility of the parking stalls. 200202_curresp_cons-ult_Funis_2(H)710_Corr—Cori sulQarin ProiwNarrativc.doc We request a parking modification for this project for the following variations to the zoning code: 1. Size of surface parking stalls. We have used the structured parking stall dimension requirements for the three stalls located outside of the building structure. Due to the constraints of the small site and the quantity of units that needed to be developed on this site to make the project economically feasible we needed to use the structured parking stall dimensions to fit the required quantity of parking. 2. Percentage of compact surface parking stalls. 50% of the total stalls in the project are compact. This is the allowable percentage of compact parking stalls within structured parking. The code only allows 30% of surface parking stalls to be compact. Again due to the constraints of the small site and the need to design a project that is economically feasible we have designed to the greater allowed compact percentage. RESIDENTIAL There will be four levels of units with five units on the first residential level, four units on residential levels 2 and 3 and three units on residential level 4 for a total of 16 units above a 3 hour rated post tensioned slab that separates the units from parking below. Units will vary in size from 596 square feet to 968 square feet. The main residential lobby for the building will be located off Whitworth Avenue South. STATISTICS Total lot coverage at grade: 73.4% Total area of parking 4,868 sf Total area of residential 17,674 sf Estimated Construction Cost $2,500,000. Estimated Fair Market Value $3,500,000. Estimated Quantity of Excavation 100 cy Height of building at top of predominate roof 50' Height of building at highest roof ridge 60'-4'/z" IBC Construction Type --Level 1 Type I -A IBC Construction Type ----Levels 2-5 Type V-A Sincerely, TSA Archite , p c Kent Smutny, Manager 200202_ctrresp_cnnsult_juris_20(171fi_(:orr_Consult,Jiuria_Projc-aNarrativc.doc rEVELOPMFt--NT PLANNING CITY OF RENTON TSA OCT 1 9 2007 DECEIVED October 15, 2007 Development Services Division 1055 South Grady Way Renton, WA 98055 Re: Urban Center Design Overlay District Report for the 409 Whitworth Condominiums Project The following is a summary of how the proposed design for this project addresses the Urban Center Design Overlay District Guidelines. A. BUILDING SITING AND DESIGN 5LI:, . M1 1. Pedestrian Building Entries: This standard requires buildings to be orientated to the street 'With the primary building entrance prominently located on the facade facing the street. T 4 4 `'"'k The entry lobby to the condominium units is on WbitworthAvenue. The entire fbrm of'the building T .I'; .,,, H(,)h at this location reinforces the ental. The entry to the condominium units is further forward than the remainder of the .street front fafade. 2. Transition to Surrounding Development: Careful siting and design treatment is necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. The proposed project will be a very urban building which is what the current honing encourages. To the North and South of the site as well as across the street to the East and across the alley to the West are underdeveloped single family lots The proposed building has a total of five stories, with a maximum height of ' 60'4 '/2" to the top of the highest roof element This is march lower than the 9S' height limit allowed for this site. In addition the apparent bank of the pmject is reduced through [lie use of dzfferent materials on the building facades: CMU will be used at the very base of the building and extrude up to higherpnints at various locations on thefiont facade. The CMU will give avay to lighter appearing plank and panel siding on other portions of the building. The building will be further modulated with Gays, and sloped roofs. 200776_Corr_Consultjuxis DesignGuidhncs.doc B. PARKING, ACCESS, CIRCULATION 1. Location of Parking: No parking shall be located between a building and the front property line or the street side yard of a corner lot. Most of theparking is contained within the building structure. There are three surface in stalls which are located at the back of the building Offthe alley. 2. Design of Surface Parking: There are only three surface parking stalls in this project. The small surface parking area is exempt from parking landscape standards. 1. Structure/Garage Parking: Parking entries should not subordinate pedestrian entries and should not dominate the streetscape. Parking at grade shall be completely enclosed within the building or wholly screened. Parking garages should be architecturally compatible with the residential portion of the building. Garage parking should be secured. The street side of parking in the CD zone should incorporate retail or service commercial, facilities that can be used by the residents or units that have access from the street. The garage entry is located oj"the alley on the rest side of the building thus making it subordinate firrm the street the building fronts on. The parking will be secured with garage doors. The condominium entry occupies the most prominent portion of the street front. Due to the relativey small footprint of the project .rite it was notfeasible to not locate a portion of the garage adjacent the street. The parking is completely screened from view by masonry building walls which are broken up with openings containing metal louvers. There is also a planter in front of the parking garage wall which mll accommodate landscape to provide further screening. 2. Vehicular Access: Parking garages should be accessed from side streets. Driveways should be located to be visible from the right of way and not impede pedestrian circulation. Minimize the number of driveways and curb -cuts. The impact of the parking garage entry has been minimitied by placing it at the ally. 3. Pedestrian Circulation: Developments should include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system. Pedestrian pathways should be delineated separate from vehicle circulation. The pedestrian entry to the building is at the most prominent location. The proposed building will occupy most of the site and therefore the building entry is accessed from a short sidewalk that connects the entry to the adjacent fidewalks. 20 )71 G_(_orr_Consult_Furi,_llcsi�nGuidhncs.doc C. LANDSCAPING / RECREATION / COMMON SPACE 1. Common Open Space Attached housing developments of 10 or more dwelling units shall provide a minimum area of common open space or recreation area equal to 50 square feet per unit. This project consists o` 16 dwelling units, which would require 800 f of open space. The proposed project provides a total of 1905 sf of open space. The open .pace will be accommodated by a rooftop deck area. D. BUILDING ARCHITECTURAL DESIGN 1. Building Character and Massing All building facades shall include modulation or articulation at intervals of no more than 40'. T{ae proposed building ulili�es a variety of modulation and articulation elements. The entire building i,r ons 57' aafide. At the fart floor the longest wall without modulation is 33' long. At the upper floors there is no wall longer than 16' without modulation. 2. Building Rooflines Building rooflines should be varied by emphasizing dormers, chimneys, stepped roofs, gables, prominent cornice or fascia, or a broken or articulated roofline. A variation of roof heights and small roof formf are used in the pmject to break down the scale of the building and make it more compatible with the current neighboring development. 3. Building Materials: Building exterior finishes should be durable, of high quality, easily maintained and add visual interest and detail. The base of the building is complemented with durable materials including concrete and masong. 01U is used on the fmnt fafade of the building and emphasizes the building entad. The upper portions of the building give way to "lighter" appearing materials including bevel and panel siding and finally architectural grade shingles are used at the gable roof f bags. A y,chi s, pllc Kent Smutny, Manager 20071 G_('.off_con.,ult—Juris_[)csignGuidlines.cloc Capital Homes LLC Chris Cirillo & Chris Bennett 16603 107 1h PI NE Bothell, WA 98011 October 15, 2007 City of Renton Development Services Division City Planner 1055 South Grady Way Renton, WA 98055 To Whom It May Concern:: �EVELQPMENT PLANNING CITY OF PENTON OCT 1 9 2007 RECEIVED This letter is meant to address Application Materials 48 from the Site Plan Review (SA) document stating the following: Draft Legal Documents: Please provide 4 copies of any proposed street dedications, restrictive covenants, draft Homeowners Association, or any other legal documents pertaining to the development and use of the property. Capital Homes LLC will be prepared to submit all of the following documentation prior to building permit issuance, however we believe these documents to be premature in the overall Site plan review process. Please be assured that we will address each of the required documents and any other legal documents that the city deems necessary for this project as we move forward in the building permit phase of the project. Sincer y, Chris Clrlllo Capital Homes LLC C ' Bennett Capital Homes LLC apt QtJ ►� 0c, g ZOQ? 10800 NE 8T" STREET SUITE 150 BELLEVUE, WA 98004 (425) 451 -4009 Date: October 12, 2007 To: City of Renton: Planning, Development, Engineering CC: TSA Architects From: Landon Van Dyk Osborn Consulting, Inc. Subject: 409 Whitworth Civil Design Requirements Table of Contents: Background ....................................... Utilities............................................... Grading...... ....... e............................... Stormwater drainage Requirements... Hydrologic analysis ......................... Conclusion......................................... ..................................................................................... 1 - ..................................................................................... 2 ...................................................................................... - 2 ....................................................................................... 2 - ..................................................................................... - 3 ...................................................................................... - 3 BACKGROUND The memorandum summarizes the civil requirements and design of the proposed improvements to 409 Whitworth Avenue in Renton, Washington. The client is proposing to demolish the current residence and outbuildings, replacing it with a new five story multi- family building which will include four floors of residential space and a ground floor lobby and 21 stall parking garage. Figure 1 shows the proposed site plan including the new multi -family building and existing house and outbuildings to be removed . Table 1 summarizes the onsite areas. 10800 NE B'° Street, Suite 1517, Bellevue. WA 96004 S (425) 451-4009 4 v osbomconsulting.com Table 1 Contributing Area Summary (Square Feet) Existing Proposed Existing Total Lot Percent Proposed Total New Percent Impervious Size Impervious Impervious Imperious Impervious S 5 %) (so 5 1 2 3 Proposed 3325 7201 46% 7201 3876 100% Improvements UTILITIES There are existing connection to all utilities. The existing Storm Drain and Sanitary Sewer connections will be adequate to service the proposed plan, The water service will need to be upgraded in order to service the additional units. GRADING The parcel of interest is essentially flat. The proposed at grade improvements will not require significant earthwork. . STORMWATER DRAINAGE REQUIREMENTS The City of Renton requires two types of runoff control for all projects that increase the amount of impervious surface; Runoff Treatment and Flow Control (Detention). In addition to the permanent runoff control requirements there are temporary runoff control requirements during construction. Those requirements will not be addressed in this memorandum, but will be met using Temporary Erosion and Sediment Control Best Management Practices (BMPs) during future design stages. Runoff Treatment Runoff Treatment is only required for projects proposing 5,000 square feet or more of pollution generating impervious surface. The project will only be creating minimal pollution generating impervious (500 square feet). Since this is below the 5,000 square feet threshold, Runoff Treatment is not required. Flow Control - Detention Flow Control BMPs are required to prevent or control the excessive erosion that typically occurs due to increases in peak flow rates and increases in the frequency and duration of high flow conditions in urbanized watersheds. Flow control provides attenuation of storm water flows through the use of infiltration or storm water detention. 70800 NE ll 5treel. Sidle 150, Bellevue, WA 98004 $ {425} 454-4009 = www osborncunsulung.com The City of Renton requires that the a detention facility should be installed if the peak discharge rates for 2 year, 10 year, or 100 year increase in excess of 0.5 cfs over the existing storm and site condition discharge rates. Hydrologic analysis was completed to determine if flow control was required. Hydrologic analysis The Santa Barbara Unit Hydrograph was used to predict peak flows for the existing and proposed site conditions. Based on our calculations, results shown below, it was determined that it is not necessary to install a detention facility. Table 2 Shows both the existing and proposed Peak Flows for 2, 10, and 100 year storms and Table 3 summarizes the increase in peak flow rates of the proposed condition, which are all less than the 0.5 cubic foot per second threshold for requiring detention. Therefore direct discharge to city storm sewer is acceptable. Table 2 Area Calculations and Peak Flows for Proposed Improvements Increase in Peak Flow cfs Pervious Impervious 2 -YR Peak 10 -YR Peak 100 -YR Peak 0.076 M s Flow' cfs Flow' cfs Flow' cfs Existing Condition 3876 3325 0.025 0.048 0.073 Proposed Condition 0 7201 0.074 0.110 0.150 Undetained 1Based on Santa Barbara Unit Hydrograph Table 3 Increase in Peak Flow Rates Storm Event Increase in Peak Flow cfs 2 -Year 0.046 10 -Year 0.062 100 -Year 0.076 CONCLUSION The proposed multi family project can be engineered to function with the surrounding area with no significant impact. The utilities, drainage, and grading design will include only standard connections to existing infrastructure. 10800 NE 81" Slreel Suite 150, Bellevue, WA 98004 a (425} 451-4009 r- www, asbornconsultinc cam Robert M. gide, LLC August 21, 2007 Mr. Chris Cirillo Capital Homes, LLC 20314 132nd Avenue NE Woodinville, WA 98072 Re: Preliminary Geotechnical Recommendations Proposed Condominiums 409 Whitworth Avenue South Renton, Washington RMP Project No. 07-169-oi Dear Mr. Cirillo, Consulting Engineer Di;VELOPMENT PLANNING CITY OF RENTON OCT 19 Zoo? RECEIVED This report presents the results of our site investigation and engineering evaluation for the proposed condominium structure planned for this property located on the west side of Whitworth Avenue in Renton. Preliminary plans for this project were prepared by TSA Architects that show the structure footprint on this 60x120 foot parcel. It is understood that there will be four stories above a one level at -grade garage. The purpose of this report is to provide documentation of the subsoil conditions on this site, and to provide alternative foundation recommendations for structure support. USGS geologic mapping and nearby geotechnical site investigations were also used as references for this report. Site Conditions An existing one story residence with a full basement is located near the southeasterly corner of the property. There is a carport and garage located on the northwest corner of the site with driveway access off of the alley. Two residential structures is situated on the north and south sides of the property. Site topography shows the site is essentially level from front to rear with an elevation differential of about one foot. Two test pits were excavated with a backhoe to depths of 9 to 12 feet below the ground surface. The upper native soils consist of topsoil over medium dense silt -sand mixtures that represent recent alluvial deposits. A one foot layer of peaty soils was encountered in TP -1 at a depth of 5.5 feet, and this peat was underlain by an 18 inch thick soft, blue clay -silt stratum. In TP -2 there was no peat but the soft, blue clay -silt layer was also found at a depth of 5 to 7 feet. Groundwater was encountered at 11 feet below grade, and can be expected to vary in depth with seasonal variations in rainfall and impacts from the nearby Cedar River. 13203 Holmes Point Drive NE Kirkland, WA 98034 Phone: 425-814-3970 Fax: 425-814-5672 August 21, 2007 Mr. Chris Cirillo Page 2 Conclusions and Recommendations Based on geologic research and on our site investigation, the proposed structure loads will require pile support due to the presence of the compressible peat and soft clay soils at relatively shallow depths. Overexcavation and placement of compacted gravel as foundation support would be feasible, but permission of the adjacent property owners would be required. Depth of excavation would be 7 to 8 feet below grade, and that would require temporary slope cuts well into the north and south properties. Our discussions with the architect indicated that the garage level should be established just below the existing grade of 30 feet, and that pile foundations should be used for support of the structure loads. It is understood that perimeter bearing wall footings and interior column footings will be used, and that these foundations will be supported with either auger -cast piles or driven pipe piles. Auger -cast piles should be designed for 3o and 4o kips on 12 and 16 inch diameter piles, respectively. Both of these pile capacities are based on 500 psf soil friction between the concrete piles and the medium dense alluvial soils below a depth of eight feet. If it is decided to use driven pipe piles, it is recommended that two four inch diameter piles be driven in a design test prior to completion of the construction drawings. The ability to achieve end bearing of these pipe piles must be established before proceeding with this design option. Design capacity for these pipe piles will be 20 kips if they reach refusal criteria of 8 blows per inch of penetration. Seismic Hazards Earthquakes occur in the Puget Sound area with great regularity. The majority of these earthquakes are small and usually not noticeable. Large earthquakes do occur as evidenced by the 1949 (M7.2) Olympia event, the 1965 (M6.5) Tacoma event, and the 2001(M6.8) Nisqually event. Normally the epicenter of these larger earthquakes is relatively deep below the ground surface. Generally there are four types of potential geologic hazards associated with large seismic events: 1) ground rupture, 2) landslides, 3) liquefaction, and 4) ground motion. The nearest known fault system is the Seattle fault zone that crosses through Mercer Island about five miles to the north. USGS continues to study this and other fault systems in the Puget Sound region, and it has been determined that they are capable of generating large earthquakes. Return periods for large earthquakes vary from 500 to more than loon years. The long recurrence intervals for nearby fault systems usually results in a low potential for ground rupture over the life of the proposed residential structures. Based on the subsurface soil and groundwater conditions encountered on this and adjacent sites, the potential for liquefaction is considered moderate due to the medium 13203 Holmes Point Drive NE Kirkland, WA 98034 Phone: 425-814-3970 Fax: 425-814-5672 August 21, 2007 Mr. Chris Cirillo Page 3 dense sandy soils below this site. In accordance with the 2003 IBC — Table 1615.1.1 the subject site is defined as Class E. Slabs -on -Grade The lower garage level of this structure will have a concrete slab -on -grade that will be supported on the medium dense native soils. Final grade should be established at a depth of 12 to 18 inches below existing grade of 30 feet to minimize the settlement effects of vehicle loading on this slab. It is recommended that the slab be reinforced and tied structurally into the adjacent perimeter walls and interior column footings. The combined slab weight and vehicle loading on the underlying soils should not exceed 8o psf, and will be less than the weight of soils removed to reach the slab subgrade. SummaEy We have reviewed the site plan for the new condominium structure that pertains to foundations and earthwork to determine that they are consistent with the recommendations of this report. The conclusions and recommendations presented in this report are based on 1) our interpretation and evaluation of soil conditions as observed onsite, 2) confirmation of the actual subsurface conditions encountered during construction, and 3) the assumption that sufficient observation and testing will be provided during appropriate phases of the work. Our findings and recommendations of this report were prepared in accordance with generally accepted principles of geotechnical engineering as practiced in the Puget Sound area at the time this report was submitted. We make no warranty, either express or implied. Please call me if you have any questions. spectfully, V Robert M. Pride, P. E. Principal Geotechnical Engineer dist: (1) Addressee (2) TSA Architects enol: Drawing No. 1 Summary Test Pit Logs rmp: CapitalCondoi 3203 Holmes Point Drive AVE Kirkland, WA 98034 Phone: 425-814-3970 Fax: 425-814-5672 J VJ tt 1 1 WU1, T— ? Ref: Garage Level Site Plan by TSA Architects SITE PLAN Proposed Condominiums Project No. 07-169-01 409 Whitworth Avenue South Renton, Washington Drawing No. Robert M. Pride LLC _ Consulting Engineer J SUMMARY LOGS OF TEST PITS Test Pit No. i — NE Corner of Existing Residence (El 30.5 ft) 0.0 — 1.0 ft Topsoil: dark brown, organic silty sand; 1.0 — 5.5 ft Silty Sand and Sandy Silt: medium dense and stiff, brown, moist; 5.5 — 6.5 ft Peat: soft, black, organic silt; 6.5 — 8.0 ft Clayey Silt: soft, blue gray, very moist; 8.o — 1o.o ft Sandy Silt to Silty fine Sand: medium dense, brown, very moist; 10.0 — 12.0 ft Sandy Gravel: medium dense, brown, very moist to wet; groundwater at i 1. o feet; Test Pit No. 2 — NW Corner of Existing Residence (El 29.5 ft) 0.0 - 1.5 ft Topsoil: dark brown organic silty sand; 1.5 — 5.0 ft Silty Sand and Sandy Silt: medium dense, brown, moist; 5.0 — 7.0 ft Clayey Silt: soft, blue and brown, very moist; 7.0 — 9.0 ft Sandy Silt and Silty Sand: medium dense, brown, very moist; no groundwater seepage encountered; Phone: 425-814-3970 11-63 Haimes Point Drive NE Kirkland, WA 98034 Fax: 425-814-5672 DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST •�r4 IrA City of Renton Development Services Division LlT-Y oF�� yN� 1055 South Grady Way, Renton, WA 98055 AfG Phone: 425-430-7200 Fax: 425-430-7231 OCT f 9 2007 PURPOSE OF CHECKLIST: RECEIVED The State Environmental Policy Act (SEPA), Chapter 43.21 C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. H:1200712{}0716ICorrespondence145_J urisdiction1200716_Rentonenvch Ist. doc10/ 16107 A. BACKGROUND 1 Name of proposed project, if applicable; 409 Whitworth 2 Name of applicant: Capital Homes, LLC 3. Address and phone number of applicant and contact person: Applicant: 20314 13Z Avenue N.E.; Woodinville, WA 98072; 206-669-5413 Contact: Kent Smutny, TSA Architects, pllc; 10800 N.E. 8M St., Suite 300; Bellevue, WA 980041- 425-401-6828 8004;425-401-6828 x101 4 Date checklist prepared: October 15, 2007 Agency requesting checklist: City of Renton Planning/Building/Public Works 6. Proposed timing or schedule (including phasing, if applicable): Begin Construction — March 2008 Complete Construction — March 2009 Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A Preliminary Geotechnical Report was prepared by Robert M. Pride, LLC., August 2007, A Traffic Report was prepared by Jake Traffic Engineering, Inc., October 2007 A Drainage Report was prepared by Osborn Consulting Incorporated, October 2007 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 10. List any governmental approvals or permits that will be needed for your proposal, if known. Site Plan Review Approval Conditional Use Approval Building Permits 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Development of a 5 story building with 16 condominium units and associated parking. There will be 18 parking spaces contained within the structure and three additional surface parking spaces. Site area is 7199 square feet. H 1200712007161Correspondence105_Jurisdiction1200716_Rentonenvchlst.doc 2 1 2. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See attached legal description, site plan, vicinity map and topographic information submitted as part of the site plan review application. Street address is 409 Whitworth Avenue S.; Renton, WA 98057 B. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (circle ane); R, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) Less than 1 C. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. See attached geotechnical report submitted as part of the site plan review application. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. 900 cubic yards of material will need to be cut to construct this project but there will also be 100 cubic yards of fill so the cut and fill on this project will balance. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. Any erosion is not likely since the site is flat. Temporary erosion and sediment control (TESC) measures will be implemented. By implementing the TESC measures pursuant to City regulations the applicant will mitigate potential erosion effects during and after construction. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 87.5% of the site will be covered with the proposed structure or other impervious surface. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: TESC measures will be implemented during the construction of the project. HA2 00712007161Correspondence105_Jurisdiction120071&_Rentonenvchi st.doc 3 AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During Construction: Dust and emissions from construction equipment and excavation activities. After Construction: Automobile emissions from residents and patrons of the building. The amounts of emissions will be compatible with the established character of the neighborhood. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None C. Proposed measures to reduce or control emissions or other impacts to air, if any: Measures will include maintaining all power toots, equipment and construction machinery in good working order. WATER Surface Water: 1 } Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No, the Cedar River is the closest body of water and is more than 200' away. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5} Does the proposal lie within a 100 -year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No H: 1200T2007161Correspcndence%05_Ju6sdiction12o0716_Rentonenvchlst.doc 4 b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters. If so, describe. The proposed building covers most of the site and its roof drains will be tight -lined into the City of Renton storm water system. 2) Could waste material enter ground or surface waters? If so, generally describe. No, the only waste material will come from motor vehicles and water carrying that material will go through an oil -water separator before being discharged from the site. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Project will be designed to the current surface water regulations adopted by the City of Renton. 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other shrubs _K_ grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? Landscape material on the site is sparse, All existing landscaping will be removed. Existing landscape consists of grass and shrubs. G, List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: See landscape plan submitted as part of the Site Plan Review application. H:`2007\2007161Corresponden ce\05_J urisdiction1240716_Re ntonenvchlst. doc ANIMALS Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, son birds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. None to our knowledge L Is the site part of a migration route? if so, explain Not to our knowledge d. Proposed measures to preserve or enhance wildlife, if any: Not Applicable ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric for heating, appliances and lighting; Natural gas for fireplaces b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. The proposed building would cause some shading to the neighboring property immediately to the North during certain times of the year but the building is designed to be far shorter than present zoning will allow. C. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The proposed project will be designed to meet all Washington State energy code requirements, ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. There is a limited potential for risk of fire or spillage of fuel associated with heavy construction equipment and motor vehicles. This is typical for all construction projects. The building will be designed to meet fire code requirements. 1) Describe special emergency services that might be required. A need for special emergency services is not anticipated. Occasional aid services may be required by the building inhabitants. 2) Proposed measures to reduce or control environmental health hazards, if any: The project will be constructed in accordance with all applicable OSHA regulations. The proposed occupancies are not prone to producing environmental health hazards. H 200712007161Correspondence105_Jurisdiction120071fi_Rentonenvchlst.doc 6 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? General automotive traffic noise and occasional airplane fly over noise. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term: Associated noise to general construction activities. Long term: Traffic noise generated by the proposed project. 3) Proposed measures to reduce or control noise impacts, if any: Perform construction during the normal working hours established by the City of Renton. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The current use of the site is residential. Adjacent property uses are single family residential b. Has the site been used for agriculture? If so, describe. Not to our knowledge. C. Describe any structures on the site. There is a house and detached garage building on the site. d. Will any structures be demolished? If so, what? Yes, all existing structures on site will be demolished e. What is the current zoning classification of the site? Center Downtown (CD) f. What is the current comprehensive plan designation of the site? Center Downtown (CD) g. If applicable, what is the current shoreline master program designation of the site? Not Applicable Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the completed project? Approximately 35 people will reside in the completed project. j. Approximately how many people would the completed project displace? One household. H:1200712007161Correspondence105_J urisdttion1200716_Rentonenvchlst.doc k. Proposed measures to avoid or reduce displacement impacts, if any: None proposed. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project use will be consistent with existing zoning and other land uses in the area and with the ongoing trend of development in the vicinity. The project will be reviewed by the City of Renton planning/building/public works department to ensure compliance with focal and state requirements. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing, 16 market rate housing units are proposed for the site. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. one middle income housing unit would be eliminated. c. Proposed measures to reduce or control housing impacts, if any: None proposed 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The highest portion of the building is the ridge to a portion of the building that has a sloped roof. The highest ridge will be approximately 60' above grade. The primary area of the roof has a low slope and is at approximately 50' above grade. The cladding of the first two floors of the building will be primarily masonry on the street front elevation. The masonry will wrap a portion of the side elevations but the primary finish material at the sides and back of the building at the first floor will be concrete. Masonry will also continue up three levels at some portions of the building but the primary exterior building material at levels 2 — 5 will be plank or panel siding. The sloped portions of the roof will utilize an architectural asphalt shingle. b. What views in the immediate vicinity would be altered or obstructed? Views across the site would be somewhat altered. However the neighboring houses are about the same height as the existing house on site thus existing views across the site are already limited. C. Proposed measures to reduce or control aesthetic impacts, if any: The applicant will work with the City throughout the Site Plan Review process to insure the development of an aesthetically pleasing project. 11. LIGHT AND GLARE What type of light or glare will the proposal produce? What time of day would it mainly occur? H 1200712007161Correspondence105_Jurisdiciion1200716_Rentonenvchtst.doc Light from exterior tight fixtures on the project will be designed to be directed downward and not shine onto adjacent parcels. Other light sources associated to the proposal include interior lights and automobile headlights. These lights will occur from dusk to dawn. b. Could light or glare from the finished project be a safety hazard or interfere with views? No: the exterior glass will be non -reflective in nature. C What existing off-site sources of light or glare may affect your proposal? None other than adjacent street lights. d. Proposed measures to reduce or control light and glare impacts, if any: Exterior light fixtures will be of a design to direct light downward. Exterior building finishes and glaring will be non -reflective in nature. 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? Renton High School with various activities is two blocks to the North of the site. The Cedar River Trail is several blocks to the North and the City baseball recreation Center is to the East. b. Would the proposed project displace any existing recreational uses? If so, describe. No Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The project will be designed to incorporate required open space. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None on site. None to our knowledge next to the site. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None to our knowledge. C. Proposed measures to reduce or control impacts, if any: None 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. Access to the site is off South 3"' Street to either Whitworth on the East side of the site or to the alley which is on the West side of the site. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is within four blocks of the Renton Transit center on Burnett Avenue to the Northeast. c. How many parking spaces would the completed project have? How many would the project eliminate? HA200712007161Correspondence105_Jurisdiction1200716_Renlonenvchist.doc 9 The project will have 21 parking spaces. The project will eliminate the parking spaces associated to the existing single family house. d Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No, see traffic study provided as part of the Site Plan Review application. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See traffic study provided as part of the Site Plan Review application. g. Proposed measures to reduce or control transportation impacts, if any: See traffic study provided as part of the Site Plan Review application. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Public services such as fire, police, postal, health care, school and other similar services will be required for this project. These services are generally available within the vicinity of the project. b. Proposed measures to reduce or control direct impacts on public services, if any. Impact fees required to be paid as part of this project will provide incremental mitigation to offset the increased need for public services. 16. UTILITIES a. Circle utilities currentlyavailable at the site: lectricit ,natural as, ate , Irefuse servic ele hon , sanita sewe , septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. All the utilities identified above are proposed for the project and will need to be extended from the right of way onto the site. C. 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 declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on part. Proponent: AA Name Printed: _Kre%i� AtA � nj c Date: 10 H:1200700071 6lCorrespondence105_Jurisdiction1200716_RentonenvchlSt.dOc Capital Homes LLC Chris Cir'llo & Chris Bennett 16603 107`" PI NE Bothell, WA 98011 October 15, 2007 City of Renton Development Services Division City Planner 1055 South Grady Way Renton, WA 98055 To Whom It May Concern: •-EVFLOPMFNT PLANNING CITY OF PENTON OCT 1 9 2007 RECEIVED This letter is meant to address Application Materials #10 from the Site Plan Review (SA) document stating the following: Construction Mitigation Description: • Proposed construction dates (begin and end dates) * We are proposing the Start date to be at issuance of building permit, March 2008 and the end date to be roughly 1 year later. with Occupancy in April of 2009. • Hours and days of operation We will plan on working within the city directed construction times and hours that have been set by the city council and the planning dept. • Proposed hauling/transportation routes • This detail has yet to be finalized and will be determined prior to building permit issuance. • Measures to be implemented to minimize dust, traffic and transportation impacts, erosion, mud, noise, and other noxious characteristics • This detail has yet to be finalized and will be determined prior to building permit issuance. • Any special hours proposed for construction or hauling (i.e. weekends, late nights) + 'Phis detail has yet to be finalized and will be determined prior to building permit issuance. • Preliminary traffic control plan + This detail has yet to be finalized and will be determined prior to building permit issuance. City of Renton Develor___-nt Services Division City Planner October 15, 2007 Page 2 Sic rely, r t4o Chris Cirillo Capital Homes LLC . " A,4-- C ri Bennett Capital Homes LLC * *� OLD REPUBLIC �F �t TITLE & ESCROW Attached Commitment Issued for the sole use of MCCARTHY GMAC 6161 NE 175TH ST. #200 KENMORE, WA 98028 Attention: TRISH JOHANSON 4114 198th Street SW, Suite 4 Lynnwood, WA 98036 (425) 776-1970 OEVCfry0 wP demur /1yG OCT 20D2 Our Order Number 5207060584"RECLclV D Customer Reference WILLEY When Replying Please Contact: Unit 8 Marlene Graber or Kathy McNeely Direct line: (425) 776-9141 Fax: (425) 776-3990 See Attached Commitment to Insure NATIONAL * * * * ALTA Commitment COMMITMENT FOR TITLE INSURANCE * Issued by Old Republic National Title Insurance Company OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company, All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. Issued through the office of; Old Republic Title, Ltd. 4114 198th Street SW, Suite 4 Lynnwood, WA 98036 Authorized Officer or Agent ORTIC 1613 (2006) OLD REPUBL I C NAT I ONAL T ITLE INSURANCE COMPANY A Corporation 400 Second Avenue South, Minneapolis, Minnesota 55401 (612) 371-1111 8y Attest �J Page 1 of Pages OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY President Secretary Order Numb.... 5207060584 * ALTA Commitment SCHEDULE A 1. Effective Date: October 8, 2007, at 5:00 AM 2. Policy or Policies to be issued: Customer Reference: W I LLEY ALTA Owner's Policy - 2006 Amount: $218,000.00 Premium: $634.00 Tax: $56.43 Rate: Standard Owners Note: Standard Coverage Proposed Insured: Purchaser for value from the vested owner herein ALTA Loan Policy - 2006 Amount: Amount to come. Rate: Simultaneous Note: Extended Coverage Proposed Insured: To be determined The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policy forms should be read. They are available from the office which issued this Commitment. 3. The estate or interest in the land described or referred to in this Commitment is Fee 4. Title to the Fee estate or interest in the land is at the Effective Date vested in: KAYSER OLAF W I LLEY, as a separate estate 5. The land referred to in this Commitment is described as follows: Page 2 of 7 Pages oRTic 1614 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Numb_ 5207060584 See Legal Description Exhibit. This Commitment is not valid without SCHEDULE A and SCHEDULE B. Page 3 of 7 Pages ORTIC 1614 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number: 5207060584 SCHEDULE B Customer Reference: WILLEY I. REQUIREMENTS: 1. Pay us the premiums, fees and charges for the policy. 2. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered, and recorded. 3. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the land or who will make a loan on the land. We may then make additional requirements or exceptions. 4. Release(s) or Reconveyance(s) of appropriate items. 5. If any document in the completion of this transaction is to be executed by an attorney-in- fact, the completed Power of Attorney form should be submitted for review prior to closing. 6. If the property described in Schedule A is occupied by a married person and the spouse as a homestead under Washington law, any conveyance or encumbrance must be executed by both husband and wife, pursuant to RCW 6.13.060. 7. UNTIL THE AMOUNT OF THE POLICY TO BE ISSUED IS PROVIDED TO US, and entered on the face of this commitment as the amount of the policy to be issued, it is agreed by every person relying on this commitment that we will not be required to approve any policy amount in excess of the assessed value of the subject property, namely $218,000.00 and our total liability under this commitment shall not exceed that amount, 8. NOTE: This report covers land which was identified by street address and/or tax parcel number(s) — assessor's parcel number(s) when the order was opened. Prior to closing and insuring we will require the parties to this transaction verify that we have covered what they intended. Page 4 of 7 Pages QRTIC 1616 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number: 5207060584 SCHEDULE B continued Customer Reference: W I LLEY 11. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. Encroachments, or questions of location, boundary and/or area which an accurate survey may disclose. 2. Easements or claims of easements not disclosed by the public records. 3. Rights or claims of parties in possession not disclosed by the public records. 4. Any lien or right to lien for services, material, labor, and/or contributions to an employee benefit fund or State Workers' Compensation that is not disclosed by the public records. 5. Exceptions and reservations in United States patents, Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements and equitable servitudes. Water rights, claims or title to water. 6. Any service, installation or general connection charges for sewer, water, electricity, telephone, gas and/or garbage removal. 7. General taxes not now payable; special assessments and/or special levies, if any, that are not disclosed by the public records. 8. Lien of Real Estate Excise Sale Tax upon any sale of said premises, as established by the Washington State Department of Revenue. NOTE: As of the date of this commitment, the current Excise Tax Rate is: .0178. Confirm the current rate by contacting the following prior to closing: Name of Agency King County Records and Election Division, Excise Tax Department at Telephone Number (206) 296-1843 Page 5 of 7 Pages oRTIC 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number: 5207060584 9. GENERAL TAXES, PLUS INTEREST AND PENALTY AFTER DELINQUENT; 1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1: Year 2007 Amount Billed : $2,405.54 Amount Paid $1,202.77 Parcel No. 784130-0235-09 Levy Code 2110 Assessed Valuation Land $71,000.00 1 mprovements $147,000.00 10. Deed of Trust to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof, Amount $319,500.00 Trustor/Borrower Kayser Olaf Willey, a single person Trustee First American Title Insurance Company Beneficiary/Lender Mortgage Electronic Registration Systems, Inc., solely as nominee for American Mortgage Network, Inc., a Delaware corporation Dated April 16, 2007 Recorded : April 19, 2007 in Official Records under Recording Number 20070419000578 11, Title is to vest in persons not yet revealed, and when so vested will be subject to matters disclosed by a search of the records against their names. 12. An easement affecting that portion of said land and for the purposes stated herein and incidental purposes as provided in the following Granted To Chicago, Milwaukee & Sante Fe Railway Company For Electric transmission system Recorded in Official Records under Recording Number 1237964 Page 6 of 7 Pages ORTIC 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY Order Number: 5207060584 13. Terms and provisions as contained in an instrument, Entitled Hold Harmless, Waiver and Disclaimer Agreement Recorded July 12, 2007 in Official Records under Recording Number 20070712002188 Which, among other things, provides: Hold Harmless, Waiver and Disclaimer Agreement from the Grantor of this indemnification, Christopher Bennett, a separate estate, to the Grantee, Kayser 0. Willey regarding an underground oil storage tank -------------------- I nformationaI Notes ------------------- A. NOTE: According to the public records, there have been no deeds conveying the property described in this report recorded within a period of 24 months prior to the date hereof except as follows: A Statutory Warranty Deed executed by Bertha F. Gosciewski, an unmarried woman to Kayser Olaf Willey, an unmarried man recorded April 19, 2007 in Official Records under Recording Number 20070419000577. B. The applicable rate(s) for the policy(s) being offered by this report or commitment appears to be section(s) 28 and 18. C. Short Term Rate ("STR") applies (but may be precluded or limited by application of the above shown section(s) of our Schedule of Fees and Charges.) D. NOTE: Lender's policy may include Indorsement ALTA 9 (CLTA 100), ALTA 22 (CLTA 116), ALTA 8.1. E. NOTE: The CLTA 116 may describe the improvements as a Single Family Residence known as 409 Whitworth Avenue South, Renton, WA 98057. rob/TAM Page 7 of 7 Pages ORTIC 1618 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company of the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at http://www.alta.org. If a policy other than the 2006 ALTA Owner's Policy of Title Insurance, 2006 ALTA Loan Policy of Title Insurance or 2006 ALTA Short Form Residential Loan Policy is ultimately issued, the arbitration provisions of the issued policy shall control. ORDER NO.: 5207060584 Imo! '1�97 The land referred to is situated in the County of King, City of Renton, State of Washington, and is described as follows: Lot 22 and the South half of Lot 23, Block 2, SMITHER'S FIFTH ADDITION TO THE TOWN OF RENTON, according to the plat thereof recorded in Volume 16 of Plats, page 33, records of King County, Washington. SITUATE in the County of King, State of Washington ABBREVIATED LEGAL Lot 22 and of Lot 23, Block 2, SMITHER`S FIFTH ADDITION TO THE TOWN OF RENTON Tax Account No. 784130-0235-09 Page 1 of 1 Exhibit A AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY OF TITLE INSURANCE - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; NO the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is: (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Data of Policy and the date of recording of the deed or other instrument of transfer in Public Records that vests Title as shown in Schedule A. EXCEPTIONS FROM COVERAGE — SCHEDULE 6, PART ONE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. Page 1 of 2 Exhibit A AMERICAN LAND TITLE ASSOCIATION LOAN POLICY OF TITLE INSURANCE - 2006 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 2. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (v) the character, dimensions, or location of any improvement erected on the Land; (vi) the subdivision of land; or (vii) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Pubtic Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an I nsured to comply with applicable doing -business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Data of Policy and the data of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). EXCEPTIONS FROM COVERAGE — SCHEDULE B, PART 1, SECTION ONE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1, (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. Page 2 of 2 4 OLD REPUBLIC TITLE, LTD. Privacy Policy Notice PURPOSE OF THIS NOTICE Title U of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of OLD REPUBLIC TITLE, LTD. We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or] others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we havejoint marketing agreements; Financial service providers such as companies engaged in banking, consumer finance, securities and insurance. Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 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TD1a67 H ST. 6 S -47 w 4TH AVE ) 12 4 + a 1 € o 16 4 240 , 24 ti' a o , 4 747-71"' +P �0 i4 0 Sf 3; 4$40 SF s ; w B 4 9569 5F,.y , a , € i 2 -- ,i4 +uoo sr e bt�irm . ; a?- f 3q�4�r € s e 3 1 -------� ��---`--- o ., ono �S6C0 SF ' 3°`w� 22 4 O0 sf /�� y J— 014!0 I A to v/. v � 4 to 4 21 x.:. 4600 SF 11 �'°+600 Sr 2 4 v`v :�' 0230 7 ^�� 1g ��•w,, 4800 SF 19200 5F _---- W o4L------- °� 0280 7 5 9600 SF I$L`s„+800 Sr p 5 '� �0 3 00 0115 24 ^0��0225 8 ,' W SF 17 �a~lby 4800 SF `"81 a _ o Ayr $ y` d 18 y�00 5--ti---g 4ti 4660 SI srN7,4800 3F w�'��'4600 S '100 SF 30 30omw 1B v� � 10 a1ti,=515129 „"0260B 4800 SF 17 I , 80 SF a°°4a00 5 5071 5F - olas Q 14 4 0230 02 �p5 +v165r -16 __ -- w4° _ 12 1 aOM 15_____ 1261 LP��EtC ' r 5460 SF __- �iS 15 1q ------ c .VES/ Y 13 a 16 41 ----------------- `-' ° �7- _ TX75S'TSF.TC'Y7.S5rovDr-glnON9172ZPOSL 051 JO JO 30254 SF 14 xaT IDASZD 09�Av�AC' TLU SURVEY 11 OT75 120 1 o tSfra(�saZoua;rR�r,ny3aR xryzallccs�p il�s l��-{'------+ ------ V m1fET.^� 4 12 ,ai ' im 13 35� 512760 5F OtD''PC(BLIC TI7.L�,LTP. .psi � 1177 It -_--- - - 1.200 2188.M 1• INDENIl MCATION This is an indemnification, hold harmless, waiver, and disclaimer agreement (hereinafter,; Indemnification) from the Grantor of this indemnification, Christopher Bennett, a separate estate, to the Grantee, Kayser O. Willey. Grantor is in contract to purchase from Grantee certain real property commonly known as 409 Whitworth Avenue S., Renton, WA 98057 (the Property). Grantee requires that Grantor agree to this Indemnification as a condition of Grantor's purchase of the Property. The Property is legally described as follows: Lot 22 and the South. Half of Lot 23, Block 2, Smither"s Fifth Addition to the Town of Renton, according to the Plat thereof, recorded in Volume 16 of Plats, Page 33, in King County, Washington. Tax Parcel Number: 784130-0235-09. l . Grantor acknowledges that the Property contains an underground oil storage tank and Grantor defends, indemnifies, and holds Grantee harmless from and against any liability relating to the Property including without limitation, the underground oil storage tank. 2. Grantee makes no representations or warranties regarding the Property and disclaims any made, including without limitation, any repmsentations relating to the development potential of the Property (for example, the number or kind of dwelling units that may now or hereafter be constructed on the Property). Grantor purchases the Property AS IS and is solely responsible for fully investigating all matters relating t6 the I! condition, a nprovement, and/or development of the Property and waives any claims against Grantee relating thereto. 3. If Grantor should assign its rights to purchase the Property, Grantor shall continue to be obligated to Grantee hereunder as the primary obligor. Any such assignee shall also', be obligated under this Indemnification. 4. The terms of this Indemnification shall survive closing. 5. Grantee and/or shall have the exclusive right to remove or release this Indemnification from title to the Property, and may do so or decline to do so in its sole discretion. rwb 1 STATE OF WASHINGTON-) ) ss COUNTY OF KING 1 I eerkify that I know or have satisfactory evidence that Christopher Bennet appeared before me and that slhelthey acknowledged that Aelthey signed this instrument. SAm they stated on oath that slheMey was/were authorized to execute the instrument, and s&Mhey acknowledged and signed this went as hisfherltheir free and voluntary act for the purposes andusesmentioned therein. DATED. Printed dame: C't Residing at: CaAj.vt Notary Public for the State of Washington nv, f My appointnnent expires: 9 145.• DOI Q Notar Puboc Jnr wat,uav� MMWDW4XAMMA $ X014 MY. APP *ft" Expuss 30P When recorded return to: Kayser Olaf Willey 409 Whitworth Avenue S. Renton, WA 98057 20070419000677.001 E2278707 94/0/1607 10:80 KING C LINTY, WA ss66 324 SALE ,0p $d6S;000.00 P0.52001 OF 003 STATUTORY WARRANTY DEED Escrow No.: 070259 Title Order No.: 1233994 0GAGGTITLE NS. CO THE GRANTOR(S) RSI1�3�I°l u{ Bertha F. Gosciewski, an unmarried woman for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys, and warrants to Kayser Olaf Willey, an unmarried man the following described real estate, situated in the County of King, State of Washington Lot 22 and the South Half of Lot 23, Block 2, Smithers Filth Addition to the Town of Renton, according to the Plat thereof, recorded in Volume 16 of Plats, page 33, In Kang County, Washington. lax Pard Numbers}: 784130-0235-09 SUBJECT TO: Covenants, Restrictions, Rights, Agreements, Easements, Conditions of record, if any. Dated: _- Al— 4 — d 7 a r41!1—.-;7 -1-�'ec.cx-r�.r� Bertha F. Gosciewskl STATE OF Washington COUNTY OF King I certify that I know or have satisfactory evidonca that Bertha F. Gosciewski isfare the person (s) who appeared before me, and said person (a) acknowledged that helshelthey signed this instrument and acknowledged It to be hislher/their free and volunatary act for the uses and purposes mentioned in this Instrument, Dated: day of 2007 5 iIto 0 yu Notary Public In and for the State of Washingonl _•_�� y �r ��'''+0 residing at- 1 A 1 ti - ri WA5� My Commission Expires: 0'3-1! ZZ8 LP9 I Q-Wir-p AFTER RECORDING MAXLTQ: I ' '12002188 MISCNameS. 07% 2%20Mw 07 �5:l3 ' KING COUNTY, WA Address ATIMNEY AT LAW 'City State 1316 NE 80th ST SUITE 2€ 1 V . Dncmtnent Title(s): (or transactions contained lherin) 2. 3. 4. Reference Nurnber(s) of Documents assigned or reiensed; ❑ Additional numbers on page of document Grantor(s): (Last name first, then first name and initials) 1. e// 2. 3. 4. S. ❑ 'Additional names on page of document Grantee(s): (Last name first, then first name and initials) 1. GJlf/cp�/f �yS�-FJ. 2. 3. 4. S. ❑ Additional names on page of document W.ART T, TLP tthis spare for title company use This document is second and subordinate to peed of Trust recorded concurrently herewith. Abbreviated Legal Description as follows. (lbtfblock/piat or sectionitownsWplrangc/clUarter/quarter) ❑ Complete lecal description is on page Z of document Assessor's Property Tax Parcel/ Account Number(s): 7,9-ra y I am requesting an emergency nonstandard recording for an addirional Fee as provided in ItCW 36.1&0 to, I understand that the recording processing requirements may cover up or otrienvise obscure some part o F the text Ofthe original document, ^ My- sq tjtle ORDER NO.: 5207060584 EXHIBITA The land referred to is situated in the County of King, City of Renton, State of Washington, and is described as follows; Lot 22 and the South half of Lot 23, Block 2, SMITHER'S FIFTH ADDITION TO THE TOWN OF RENTON, according to the plat thereof recorded in Volume 16 of Plats, page 33, records of King County, Washington. SITUATE in the County of King, State of Washington ABBREV I ATED LEGAL Lot 22 and of Lot 23, Block 2, SMITHER'S FIFTH ADDITION TO THE TOWN OF RENTON Tax Account No. 784130-0235-09 Page 1 of 1 * Old Republic Title, Ltd. CONDOMINIUM CERTIFICATE Order No.: 5207060588 Unit: 8 Date: October 9, 2007 at 8:00 a.m. Fee : $ 200.00 Sales Tax: $ 17.80 Total: $ 217.80 FOR INFORMATION AND ASSISTANCE ON THIS ORDER CONTACT: LYNNWOOD OFFICE Marlene Graber, Senior Title Officer, Unit Manager (mgraber@ortc.com) Kathy McNeely, Title Officer Telephone: (425) 776-9141 Fax: (425) 776-3990 4114 198th St SW, Suite #4, Lynnwood Washington 98036 Our staff can assist you with properties in both King and Snohomish Counties Reference: ATTN TRISH JOHANSEN MCCARTHY GMAC REALESTATE 6161 NE 175TH ST. #200 KENMORE, WA 98028 Ladies/Gentlemen: In the matter of the plat submitted for your approval, the Company (Old Republic National Title Insurance Company) has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County and from such examination hereby certifies that the title to the following described land, Situate in said King County, to -wit: Vested in: KAYSER OLAF WILLEY, as a separate estate Legal Description: SEE ATTACHED EXHIBIT "A" FOR LEGAL DESCRIPTION FOR SPECIAL EXCEPTIONS, SEE ATTACHED: 0760588 Page 1 EXHIBIT "A" Lot(s) 22 and the South half of Lot 23, Block 2, SMITHER'S FIFTH ADDITION TO THE TOWN OF RENTON, according to the plat thereof recorded in Volume 16 of Plats, page(s) 33, records of King County, Washington. SITUATE in the County of King, State of Washington. 0760588 END OF EXHIBIT "A" Page 2 SPECIAL EXCEPTIONS; RIGHTS OF PARTIES IN POSSESSION and claims that may be asserted under unrecorded instruments, if any. TAXES AND ASSESSMENTS, GENERAL AND SPECIAL, which are a lien, whether due, payable, delinquent or otherwise. Note: An examination of these matters is not being done at this time. Upon a specific request to do so, we supplement our report accordingly. DEED OF TRUST to secure an indebtedness of the amount stated below and any other amounts payable under the terms thereof: Grantor: Kayser Olaf Willey, a single person Trustee: First American Title Insurance Company Beneficiary: Mortgage Electronic Registration Systems, Inc_, as nominee for American Mortgage Network, Inc. Amount: $319,500.00 Dated: April 16, 2007 Recorded: April 19, 2007 Recording No.: 20070419000578 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: Chicago, Milwaukee & Santa Fe Railway Company Purpose: Electric transmission system Recording No.: 1237964 Refer to the record for full particulars. TERMS, COVENANTS, CONDITIONS AND/OR OBLIGATIONS OF HOLD HARMLESS, WAIVER AND DISCLAIMER AGREEMENT: Recorded: July 12, 2007 Recording No.: 20070712002188 INASMUCH AS THE APPLICATION FOR TITLE INSURANCE contained only a street address, verification of the legal description set forth in this preliminary commitment must be made prior to closing. If there are changes necessary, please notify us so that we can review and report the same prior to closing. NOTE 1: The liability of the Company under this Condominium Certificate shall be limited to the amount of actual loss sustained by the addressee because of reliance upon the information set forth herein, but in no event shall such liability exceed the fee paid for this Condominium Certificate. TAM/rob 141 5 016-1 * 1 Page 3 TO: ATTN TRISH JOHANSEN MCCARTHY GMAC REALESTATE 6161 NE 175TH ST. #200 KENMORE, WA 98028 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055�'� oP c+TY aF: ne PLANNING Printed: 10-14-2407 Q��' � � z��% Land Use Actions REC�'Vf� RECEIPT Permit#: LUA07-125 Payment Made: 1 011 912007 04:12 PM Receipt Number: R0705646 Total Payment: 2,500.00 Payee: CAPITAL HOMES LLC Current Payment Made to the Following Items: Trans Account Code Description Amount ------ 5010 ------------------ 000.345.81.00.0007 ------------------------------- Environmental Review ---------------- 500.00 5020 000.345.81.00.0017 Site Plan Approval 2,000.00 Payments made for this receipt Trans Method Description Amount Payment Check 1038 2,500.00 Account Balances Trans Account Code Description Balance Due ------ 3021 ------------------ 303.000.00.345.85 -------------------------------- Park Mitigation Fee --------------- .00 5006 000.345.81.00.0002 Annexation Fees .00 5007 000.345.81.00.0003 Appeals/Waivers .00 5008 000.345.81.00.0004 Binding Site/Short Plat .00 5009 000.345.81.00.0006 Conditional Use Fees .00 5010 000.345.81.00.0007 Environmental Review .00 5011 000.345.81.00.0008 Prelim/Tentative Plat .00 5012 000.345.81.00.0009 Final Plat .00 5013 000.345.81.00.0010 PAD .00 5014 000.345.81.00.0011 Grading & Filling Fees .00 5015 000.345.81.00.0012 Lot Line Adjustment .00 5016 000.345.81.00.0013 Mobile Home Parks .00 5017 000.345.81.00.0014 Rezone .00 5018 000.345.81.00.0015 Routine Vegetation Mgmt .00 5019 000.345.81.00.0016 Shoreline Subst Dev .00 5020 000.345.81.00.0017 Site Plan Approval .00 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence .00 5022 000.345.81.00.0019 Variance Fees .00 5024 000.345.81.00.0024 Conditional Approval Fee .00 5036 000.345.81.00.0005 Comprehensive Plan Amend .00 5909 000.341.60.00.0024 Booklets/EIS/Copies .00 5941 000.341.50.00.0000 Maps (Taxable) .00 5954 650.237.00.00.0000 Special Deposits .00 5955 000.05.519-90.42.1 postage .00 5998 000.231.70.00.0000 Tax .00 Remaining Balance Due: $0.00