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HomeMy WebLinkAboutLUA-07-088_Report 01'h 'h Nlf )jS ~-·.-- LE6AL DESCRIPTION L,J1 ~ BL(.'(.K .2 C'i1:>'<AR1E, e!IC,~LAND AC,R['c, TRA,;F AC·.c)RD,'...', T,? r,1E '° .. AT ->'fRFOF RESc....,DEcc' ·'l -·v_v,-11:; 43 l;<C P(_A r~. ,c,;,.r_;,: 'T '<c'C-<.J":::'S •:>F KlWC" C(dJT~ HAa..-t·>.0-0N I i 0 :: I w z ' w > <{ ~-,- w 0 YB Cl:: 1B C D y z 0 ' 2 ,~-.. y 4 ,L.-· Li •, I I ' : J . . I ,, ·I I 'i ; ! ~'I j '.c:.·-i _filK;__ _JJ;jcl'----J-r "c;:j" I j3 G :.,i ' > -, J I -·-~-, .. , I_ -' ---'T' l'i!.TC SHOl'i!.T PL.AT-LOT LANDSCAPE: PL.AN EX C.EI RIM 8-~ 3t,4_;,q• INV f~ , '.3-bl 1'1"-l:;l""' fcvc:> 11.2" R£BA« l (,/>P L-5"1021'1 0.15,.. '.1/C1} 68.05' PLANT MATERIAL LEGEND *-I~di~at;.; Drought Tolerant Plant Material Abrev. Commou l\ame Botanical Name tree&: *BHM *CFP *" shrubs: * JPC *OG *ORR *WRR Bowhall Maple Capital Flowering Pear Shore Pine Julia Ph.e~ Ce1U10thus Oregon'""" Orchid Rock Rose \\-'Jute Rock Rose symbohi/grollllli covers· * DLY A Day Lilly *DLYB DayLilly * BBC Bearbecy Cotoneaster Salal Acer rubrum "BowHall" Pyrus ca\leryam, "Capital" Pi.nus contort.a CeanothWI "Julia Phelps" Mahonia aqu1foliwn Cys1us purpureus Cistus hybridus Hcmerocalhs "Anzac" Hemerocallis "Stella de Omi" Cotoneaster dammeri 'Lowfa.st" Gaultheria shallon LIMIT OF WORK 20RR :.~_-o_·~-, DLYB DLY DRIYi= ,----,-- ' ft. ,: I LEGEND [gj :cJ ,:-YI"[ 11 STMH (Tvp:;: 11) SANITARY SEWER MH '-1,'A TER VAC Vt CiJ WA-FR Mt. HY/SERVICE. -<'.• FIRF_ -!YURANT -0-I.Tll.lTY 1-'0·_[ L,G.,.,. PO_E Ttl FPl-:ltJI:. U,cl ~•!le. I SiG\\• )['~')I_' }~IS TRFF NOTE: PL,t,t,...T!NS S~RIP -o HEET ::::,~'-..:1-2-1:0 '<MC. ~-~rr----~-LJ l"ATIO I <D /i I' ; L .:.± --_-.,..-~..-<-------_.J. __ s ss·s2· 40" E ·,:_ / .,..- .. , -- o;z s o 20 30 so 100 cJ:::J,...,~' -~F=:J -·~--+----------=:..:::i SC.AL:=, 10'-0" date· 05-20-oe, permit· .-... vi,o,lor,,o,, 00-00-= A$D CONSTl'i!.UCTION 50 MONROE: AVE: N l'i!.ENTON, l"IA. c;e,osE:> ilb44 NE l'>O".h st ICl~k,lc,nd. Y'tA "!eo53-blll (425} b2b-4,11 blOI ;:,t,,. ~9 Rd. PAK 9 6DRM, ::? CAl'it &I DE <S>Al'i!.A<S>E Tvc:ilatln, OR 'l':Ob2 (=,03) ~"12-bl21 LE6AL DESGRIPTION Io-3, E'~OCK ?, 'c,Tc'l"!At>.T5 HLC,Hi..AND ACRES -R_ACTS i-£(oRD1N0 •u fHE' Pl-AT "CH[R[QF RF(.ORD~I.} .~ VO_U'1f 43 '5 Pi../\ r<;,. <'AGC I~ Rf( £>RDC> Of'" >CN,;, c.oJt,<TY .~A'=>HISLSTON ~TC::. SHOl'l'.T PI..AT-1...0T w z w > <t: w 0 er:: z 0 2 I __ " ' • ' I I I cc I i / I/ ~ /I I s .'i / \"' .• • 1. ( ' ' '.-r:·· \.~ '.· -·- ;-> -ti"::· \ > 0' > ~. > • d 3 • t EX C.6 RIM EL = 3e4_;1q• INY EL c :,l', l<l'-12"1"1 FOUND v:.r REBAR • CAP tS•I021'1 0 15'N (1/0"T) _1if-4~· ----------~"~·~o~· ___ _ N 58"49' I ·-a· i LAN1~;APE J ~E:._ __ o·· .Yi 200.00· >SALK DRIVE f --cc-;-:-7f--~~--" I r / .. >- ' I / , I / ~ ;-: ,. •· LJ II ,--------r·- 1 I I .., RESIDENC " ~RAG-E_· ---12-~bl 6,769 5,001 ., I 68 05' I" fss"=s2~ 40;.-c. l sq. sq ft ! _l ----- +- ! ,, ,, 4'-"" I I ·"~ ,- '•" 'I -~ C) -~ ,JYIN0 AREA DECK'PATIO 6ARA6!" 431 5G FT NO OF ';',TORIES 2 S,TORIE, l-OT 5a FT. 5001 5a FT HM COVERA6!" ("l~ 1750.35 5a FT R-b ~ DEF.a.i.A-T 25C?O 5G FT sn;,;,:::n,RE 1441 5G FT (~II,) OOILPIN6 fal:10H' 2'1'--0" S!.111.VIN& 13<1e, 5a FT C-0YERED Et{TRY 2b 5G FT PATIO 51 SG FT DRIYl:l"IA "( X,O 5a FT l"IAI.KHA"f :;?51 5G FT TOTA.L 1~10.!5. 2C'e-4 SG FT IH'-1:RYIO\J'.:, LOT co,IERA6E 411\ll YEGEND • [J CB (TYPE 1) SHAH (TYPE 11) SANITA"Y SEWER Mr< ~ WATER VAL VE f?. WATER METER /SFRVICE -6-FIRE HYDRANT --0-U flUTY POLE ~IGHT POLE TELE~HC,NE CABINET _..::._ SIGN DEC1DLC,1JS TR::E --------="'~-~o~·--~ ·'---WCGC FENCE ~ '. _ _) ' l I '·-J _:, CXJ /y-. date, os-:zo-o!!> perm rt· revtelone, 00·,-:r ,, 6 ... _j.- DAK l. --~ ' so l)'}2 5 iO 20 3C' fllRL___F~~--...... SCALE, 1 ·· = I0'-0" pr"C'j .t., A 4 D C::.ONST!lotUC::. Tl ON MONROE AVE N RENTON, l"IA. c:re,osb S 6DRIYI, .:::2 C.AR SIDE i:s.ARAi:s.E 116'4 NE eoth St Klrk,larid, ~ <te>o.39-e>III (425) e,;2e-4111 100 -~ .;7l \ ! ,, m o CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON NEW PRIVATE EASEMENT FOR INGRESS, EGRESS &: UTILITIES I.IAINTENANCE AGREEMENT NOlE: NEW PRIVATE EXct.USIVE EASEMENT FOR INGRESS, EGRESS AND UTIIJi1ES IS TO BE CREATED UF'Q'l lHE SAlf OF LOTS st!O'lfl OH TiilS SHORT Pl.AT. THE O'M'IERS Of LOTS 1 THUR 3 SHALL HAVE J.N EWAL NI> UJIOIYIOED INl'ERrST IN THE ~IP AND RE'SPctlSBUTY fOR M/IINlDII.NCE OF THE PRIVAlE ACCESS EASEMENT APPURIDWICES. THESE APPIJRlDIANCES AND MAINTENANCE RESPONSlBIUllES INCLUDE '!HE RD'M! NID MAMOIAIICE OF THE PffiVA"fl:: ACCESS ~ DRAINAGE PIPES. AND STORM WATER QIJolJ.JlY Y,ffi,IIN Tl,IS EASEMENT, PRIVAtt'. SIGNMJ::, AHO QT!l[R INFRASlRI.ICT\JRE NOT Ol'l£D BY lHE CITY OF ROIT<N OR D'l\iER UTlJTY PflO\IIOERS. MAltllENANCE COSfS SHALL BE SHARED EWAI..LY, Pil.Rl<ING OH THE PAYING IN THE ,'CCESS ~ENT IS PROHIBflED. UNt£SS PA'tDIENT 'MOTIi IS GREATER THAN 20 FEET. DECLARATION Of COVENANT 11-IE OMIIERS OF LAND EMBRACED \li!THIN TlilS SHORT PLAT, IN RElURN FOR THE BENEFITS TO ACCRUE FROM 11-IIS SUBOl'JISIOM, BY SIGNING HEREON COVENANT ANO AGREE TO CONVEY 1HE BENEFIOAI... INTEREST IN 11-IE NEW EASEMENTS SlsO~ (»I THIS SHORT PLAT TO ANY AND AU FUTURE PURa-tASLRS Of T11E LOTS, OR CF ANY SUBD1VISIONS THEREOF. 'THIS CO\'ENANT SHAU. RUN Wini Tl-IE LAND /,S SHOWN ON THIS SHORT PLAT. O'MIIER'S DECLARATION OF INTEREST 1'-TlfE lJ.ND flffiEBY ~T SllSa 00 1-EREBY MAKE A KNOW ALL P[(Pl._[ 0Y lHESf Pl!ESEN'IS THAT ~ UHDERSIGNED OWNERS SHORT SUEDYISKtl 1HEREF"OR£ DECI..ARE MS M B£ lHE GR,',PHIC ~R~T~~r ~l~~AN~T'lll~~~g; wir~~ IN W,TNESS WHEREOF WE SET OUR HANO$ AND SEALS. KIETH DEI.IPS A&D QUALITY C0NSiRUC110N CO. LLC ACl<NOYiliDGMENlS S"t<l't• of Wo1li'll,,!Jtoo C""'nty of ________ _ On this _ day of ____ 20_ per.ion~y appeured to ma known to be ""----~-------of the corporotlon that eicecuted foregoing inatrument, ood od(nowledged the ,..,;d r,gtrument to be the free and YC>vntary acl llfld doed of sa!d corporatloo, for the uaes and purpalles th~ein mention, and on ooth 9toted that he/she W<Js duly outhorizad to tt~ecvta the said Instrument ond that the seal offi~ed i!l the corporate se,;,I of l!Qa:;1 corporotlon. Witness my hand and affk:"11 st'OI hereto affu<ed the day and year first obov,i written Notary Pvbhc ,n and for the Sfota of WaSlungton Notary (Prlnt) __________ _ l.ly Appointment Explr«1 ________ _ ''°''------------ RECORDER'S CER-TIFICATENo Filed fer record this __ day of ____ ,20_ at__ S in book of ._at page __ at tl'1e request lcf Mounir .tt Touma Mgr. Supt. of Record::; APPROVALS: CITY OF RENTON /1.dMinletn:rtor of Publ~ -· DEPARTMENT OF ASSESSMENTS Ex«nned ""d _...,_,. tt,;o __ d<'.ly of 20 __ E>o:omnH ond app.......d tt,;. __ day of ------~----·-"-<IT>ininrator A=:,unt Nwnl>er 610110-0065 ~ C/R I.ION -I 102 \ ...._ ____ ~<;_~D CONG l.!ON IN N -184,744.05 ..J N00'09'lS"W E -· 1,308,737.54 ~ 1J27.J5' (07/07) ).- I I Q ~ • I~ ~I S68'50"4J'"( 1J18.67' (P) :::i_68"5a'27t: _!J18.1J' {M) ---~ NE 7th STREET 1-WND CONC MON IN CASE (07 /07) FOUND 1/2" REBAR &: CAP LSf\0219 0.1S'N (7 /01) I FOllND 1 /2" RFAAR & CITY Of RENTON SP#llJA98-0J2SHPL CAP LS# 10219 cP"' ':Or:;\\\O I \\-t LOT 4 N_8Jl~9'5p" W Sa.as' 68.08' 0.10"N X 0.10 W (7/07) j:,a"'o LOT J ,,,o "\...,(c>o _e_O_Q,QO~ I 6J.a7' RECORDING NO. VOL/PAGE SCALE: k.--~ c=-: i i j i l in~h -w" PORTION OF NW 1/4 OF SE 1/4 OF SEC 9, TWN. 23 N., RG. 5 E., W.t.t. LUA-07-088, SHPL-A SURVEY NOTES LND-XX-XXXX INSTRUMENT: TOPCON GPT 3000W TOTAL STATION I.IETHOD USED: FlELD TRAVERSE WITH ACTU,IJ. FlUD I.IEASUREMENTS AND ANGLES WAC 332-\J0--090 DATE Cl' SURVEY: JIJLY 2007 B,1,SIS OF BEARING: MONROE AVE NE (S B9'05'57"E) B'ENCHMARK: CllY RENTON I.ION f721 TOP l/2" PIN IN CONCRETE IN CASE 1N1ERSEC'Tl0N OF MONROE f\VE NE NE 7th PLACE ELEVATION -J81.60' (116.312m) Nf\\O 1988 LEGAL DESCRIPTION LOT J, BLOCK 2, STEWARTS Hlci.uND ACRES TRACTS, ACCffiOING TO THE PLAT "THEREOF RECORDED IN VOLUME 4J Cl' PLATS. PAGE 17, RECORDS Of KING COONT't', WASHINGTON LEGEND JS! PK NAIL coca QUARTER CORNffi • EX MON IN CA'El. + ~ SET MON IN CAS£ S£Cl1Ctl CORNER W/X" STAMP([) LSfJ8992 0 EX REBAR & CAP LS f!0219 ~ ;l!) :1 z 01 u 81--, " 0 -i ""(;. .. "' ~""· ,~ UlUTY EASEMENT d ' ~ --_ -, e 5ET REBAR &: CAP I u, LS 138992 L ~r~::ti WAlER O ~ao"'0 SHORT PLAT NOTES I g p[.)\\\'J "!HE FRONT YARO FOR PROPOSED LOT 1 WOULD FACE TOWA.RDS MONROE o \1,I 1'.YF. NE, THE FRONT '!',\RO FUR PROPOSED LOT 2 WOULD FACE NMTI-i -TOWA.ROS THE ACCESS EASD.IENT At,() lHE FRONT YA.RD FOR PROPOSED IN" ~; ~ ~ ~ LOT 1 6.769 sq.It (5,001 s~.ft.) ,.., " " LOT 2 0:, 5.759 sq.It. (5,000 sq.ft.) r, LOT 3 6.348 ~q It (5,390 sq.fl.) .m I , ·"' I"' ·<D ~, r ~ l;-~cr ~ ;! _/Ii.. .m WIRE FENCE I - I! "! --~Q:.01 s8.os' R ' >' I I aa·s2\/JH El 200.0, ~ 11 o I . o·,'lG ~ ,..., 0 ~o''!> 0 ~0\'J."J 11,,'60 0~ ·r i ~o\\':, 81~ f,t,,~ ('11,,?fl I '""" I ~.:f!~\e(§> "'I~ .._.... C/R MOt..i {7;1, ~ I ---FOUND l.!bN IN CASE I-~ EL~ 361.60' (7/07) S 1/4 CORNER SlC 9-23-!i ~ Clf'f OF RCNTON MON #1~02 -FOUND MON IN CASE 7th PLACE ~--N -181.1°9 4D £ -1,308,743.93 ---(7/07) I _A\ 001'9'16 ·w I/ J8.98' (M) EC Q-2.\.-S SE CORNE\~ON MON 11 1503 ~ ~ T CiT',QFRE SE 4th S1RE .....__ FOU.ND MON IN C(ACfi) l81067.773 (M) ) ----.....____ N _ 181,067.96 R) 13 \1396.719 (M (BASIS Of BEARl~~1 ("/ E _ l.31t.396.68 (C S89'06 . sss-os:0,,,:,E fltN"oe' c TY) (7 /07) i- i LOT 3 WOULD ALSO FACE NORlH. ADRESSES LOT 1 -JOO( I.IONORE AYF. NE LOT 2 -XXXX NE 7th COURT LOT J -XXXX 1-{E 7th COURT EASEMENT NOTES 1. CONVENTS, CONDITIONS, RESTRICTIONS, EASEMENTS. NOTES, OEDIC,l,TlQN AND SE'TIIACKS SET FORlH IN OR DELINEATED ON THE PLAT OF STEWARTS HIGHLAND ACRE ffiACTS. 2-10' WIDE PUGET SOUND ENERGY EASEMENT FOR GAS .-\ND ELECTRIOTY RECORDED UNOER RECORDING NUMBER 20070917000694. INSUFF1CIENT INFORMATION FOR LOCATION. J. RESERYATletl AND EXCEPTION CONTIANED IN OEEO FROM PICIFlC RAIL R0/\0 COMPANY RECORDED UNDER RECORDING NUMBER 241450. OOCUI.IENT WAS MOOIFlED BY RECORDING NUMBER 4460143 4. A NOTICE OF CLAIM TO SE\o£RED MINER,IJ. RECORDED UNDER RECORDING NUMBER 20081209000690 AQUIFER PROTECTION NOTICE ll-1E LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA ANO ARE SUBJ[CT TO THE REQUIREMENTS Of THE OTY OF RENTON ORDINANCE #4367 AND AS AMENDED BY ORDINANCE NO. 4740. lHIS CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHALLOW AQUIFER UNDER THE CITY'S SURFACE. THERE IS NO NA"TURAL BARRIER 8ET'n£EN THE WATER TABLE ANO GROUND SURFACE. EX1REME CARE SHOULD BE EXERCISED 'M,EN HANDLING ANY UQUIO SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT Win, THE GROUND SURFACE. IT IS THE HQMEO'l,f,/ERS RESPONSIBILITY TO PROTECT niE cnYs DRINKING WA~. ,-- I ~ AND SURVEYOR'S CERTIFICATE This mop correctly represents o Sl'rvey m(.]de by me or under my direction in conformance with the requirements of the s,,rvey Recording 4o,~~ lft"i1 w /g TOUMA ENGINEERS LAND SURVEYORS,PLLC RTC SHORT PLAT RENTON, WASHINGTON Act at the request of Kieth OP.mps in April 2009 Certificate No. 38992 \IIEST YAU.EY EXECU11VE PARK D'M'l. BY DATE JOB NO &632. SO,ITH i&1ST Pt.llCE, SUJ1E E-102. •KENT. 'fjA 98032 DAN T JULY 2007 971-005-071 P~ONE (425) 251-0ti6~ FIIX (425) 251-°'52~ CHKD SY SCALE SH[ET MHT NOTED 1 OF 1 ·: . ., f.) I . lie.Ji l. -· t·ll·I Is D \,r ·H: ~~ "' !J>I ii111 " :-::: I ii . :;; , ' .. ,; u .,, ;:: ·I I• Ila." )I z.~ Ji. ,, 1', ; "I i ,, 1, ,.J,. " ' ~i ii i!~ .. 1,. ·;a ' i i~1----1 ~ ~'----f ,o·,. ' ' H ~-------,c,7.,.~--~~ ., f/1., ii~ ,. I'" "I !~! •I ! I ))II S .~, 11·11•[ ~\_:j . jl t . 1, ' is 1, ·,<"·-.. : jr; ,,,,, ' -'ti" if '"' j• ' a I I ;, ~ V> :'!' • · 1,u ;i N iJI\.YONY»lillOI 0 -z. ,\I • I• !;' • I• Ii • 1, ,, r ., ' ;: (l Ir "·-·-·-"'"'H ~ -·-·~---... ·,,ur-,·N ! l• '. I·, "" ., ~ .. " ' ¥'~: "''"'n~;~!'i'i't.."---··· ,,,,; ' I ' ., r '· ' :I ,, 'l' :l l .~ l ' j i i ""'~--"""'""'' __ ./ '~KLAN') ~i,f: ~F: \ CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON J -· ---;;;IH ~L D ~e~ -1~c7n,<f :L_ SITf , ~ ~E nrn PL • ~ I ' 2 ~Nf61HST ~ ' i ~E 4lli STREET SHORT PLAT DATA TOTAL SHORT PLAT AREA 19,886 sq. ft. NUMBER OF LOTS PROPOSED -3 ZONE = R-8 SMALL LOT AREA = 6,368 sq.ft. DENSITY = 7.92 DU/ACRE PROPOSED SQUARE FOOTAGE OF NE LOTS • ~ ' s 1 -6,368 sq.fl GROSS -4,704 sq.ft. NET 2 -6,562 sq.ft GROSS -4,84J sq.ft. NET J -6,956 sq.ft PRIVA1£ 26' [AS[M[NT -J,380 9q.ft OWNER A & O OUAUTY CONSTFllCTION CO , LLC 202 SW SUNSFT BLVD. SUITE E 202 RENTON, WASHINGTON 96057 425-271-7751 ENGINEER / SURVEYOR TOUMA ENGINEERS & LAND SURVEYORS 663~ S 191st PLACE S~T( E -102 KENT, WASHINGTON 98032 (425) 251-0665 ·-t, .. ~ C/R MON /I 102 --=c-----r ~ FOUND CONC MON IN N00-00'\S"W CASE (07/07) 50.00 ,_ S88'50'4J"E 1318.67' (P) 2.8-5~_].J~ NE 7th STREET RECORDING NO. VOL/PAGE SCALE: ~-~ --! i r l lrlch • wn PORTION OF FOUND CONC I.ION IN CASE (07 /07) -{----=7' NW 1/4 OF SE 1/4 OF SEC 9, 'TWN, 23 N., RG. 5 E., W.M. I ---1-C, °'''" SURVEY NOTES LUA-XX-XXX LND-XX-XXXX ----RIM El = 386.02' ,i I -,,, " a ,,, ,,._,., Ii I I E~ CB m.t EL = 384.29 INV EL= 38119'-12"W rOUNO 1/2" REGAR & CAP LSf10219 0.15'N (7 /0?) . I FOUND 1 /2" RUJ/\R &: CITY OF RENTON SP11L4A98-0J2SHPL CAP LSI 10219 0.lO'N XO 10 W (7/07) LOT 3 \o~r::,o<c 0 • .,.._r.:,\\ "~ I I INSffiUMENT: TO!'CON Gf'T JOOOW TOTAL STATION l,l[THOO USED: FJELD TRAVERSE WITH ACTUAL FJELD t.lEASUREMENTS AND ANGLES WAC .332-130-090 DATE OF SURVEY: JULY 2007 BASIS OF BEARING: MONROE AVE NE (S 89'05'57"E) BENCHMARK: CITY RENTON 1.10N 1721 TOP 1/2" PIN IN CONCRETE IN CASE INTERSECTION OF MONROE AVE NE NE 7th PLACE ll.EVATION -3B1.6o' (116.J12m) NAVO LEGEND IQ CB (TYPE 1) @ smH (TYPE 11) MAIL BOX -$-PK NAIL © MON IN CASE/ """ ® SANITARY SEWER MH EX REBAR / PIP[ AS N01EO " O " 0 .• C •• ''' .,, ' / ,, w 'I ; I . ..> o /'' -r _ . , "' ~w ' ""'"" ~ I , ~--" ,/ .~-~-_-c_:--i 8 --c·~ _ _[ __ ':__ ,, _;;: "" "'°';"' sc,ecc g ;, :--m,.-.r-:-;._-c--H 15rssse[_--:1a-----11:,;~~-"""' 00 ,,.,,,"' ,.-'"' ~ ';;;~'.:'°" • SET 1 /2" REBAR &: CAP LS,f38992 @ CONIFER TREE TO BE REMOVED @ DECIDUOUS TREE TO BE REMOVED ~ I I ',.• " CJ --™""'" " ---'"""" --"'" , ,a • • lS i->CN • , "'"'---, p ---,,.,(----"' :g " M UGHT POU . " ,o , SE • 'L • ~ -• ·o 9• ' IB.E J ,.,, -r ""' ',-J<"" ' o· -' __ .,,. --,··" : I, 11 ,_'!::?~4 sq.it , :,.; ~ \ .m: ~ftJ jf I • 0 EE : \ i. ov,L'°""'---' "'--· '"'·/ ": w ~" "' \ : "' occ,ouous mEE ,~~ LEGAL DESCRIPTION ~lj c"'i·, : LOT 1. <: ,S . --<e<J ;;::/: t:i LOt J O ."'-'' x_ SON ·~ : 2). :I'·"' ,,.n. ~: :&·~ ·., •' ,i: • rn, ,,, ~.I~ ----y\ CONIFER TR _,<l ,\ ' ---. _i,·oSfi : I" CE • 'I ,J{ , 64.03' -;-'ffi1& ____ , ~ --'""" _ ',:, ~ l" 1 ~· :· . ,-. ·. ,----, -------~ I "' ."I : / ,I '' . S 8Er52'40." j m. g ' ., : ,.. E 200,o,· 70.00 -; __ 0 ' ,J O ,,,o . • .> -I;; f' ~ I O ,,;;,•''ifY' I o-'''"'° ~;fo I r-m- LOT 3, BLOCK 2. STEWARTS HIGHLAND ACRES TRACTS. ACCORDING TO THE PLAT THEREOF RECOROED IN VOLUME 43 OF PLATS. PAGE 17, RECORDS OF KING COUN.TY, WASHINGTON -----------r _____./ ''" Fr(XGlltlUNO r : " " "' I ·"'"'i,oO m : INVEL-202 < ___ L f-- ~ '1·~ l I I "'o•'"° I "-;;,•''oo· I ()"\~oo~o''"' ~r:'J''o ,~'"EL• 38 ,w t:i : 379 47-12·w I • EX SSt.1H rnuN/CiiNlo!~N f721 ~: ---~~~ID:L OROP l,,IH "" N CASE -' i _____ ......---INV -382 (0 ss S -36290 I ~ - (7/07) ~• ~ INV ~t: 374 75-8" IN OAT/JM 1-:t..l:V ~ ~ d SCAL }80! : HORIZ. 1", 30 VERT_ 1• c1r• I~ CITY Ot RENT co·,'°°' "'" *"°' " '°'"" , "°" " "" -NE 7th PLACE I c,n cc ,rn't,' s-a,-s (7 /07) ~ --/ ri!~f) MON IN Nc~s 0 t # 1502 r 00"09'16 ~ / W l638 98' {M) ' -NE 4th STREET (BASIS -______J sa9·05,57!?[ BEARlloJGI V - S89"()6'06"E 2648.12 I'' 2648.0B' aTY) ' • i ij • !!.: PRIVA 1' ROAD PRORLE HOO "'" ~00 ~ Jg TOUMA ENGINEERS RTC SHORT PLAT TOPOGRAPHIC, TREES AND UTILITIES MAP RENTON, WASHINGTON IIE'ST VALLEY f:XECUTIVE PARK OWN BY DA TE JOB NO. 6GJ2 SOl)TII !9/STPI.AIX,, SU/"IF !'-102 •KB,n; WA 91JfJJZ D4N T JULY 2007 871-005-071 l'HON£ (4.25) 251-0665 f"A>/ (425) 2SHJ$2{; 1-:,c,c,c,.-,c,,----~SCCC,CCCC------lc,C00E£C,,------t MS, NOTED 1 OF I Dan Touma Touma Engineers PARTIES OF RECORD RTC SHORT PLAT LUA07-088, SHPL-A Keith Demps James Voght A&D Quality Construction 6632 S 191st Place ste: #E-102 Kent, WA 98032 202 SW Sunset Blvd ste: #E-202 Renton, WA 98057 716 Monroe Avenue S Renton, WA 98056 tel: ( 425) 255-2528 tel: (425) 251-0665 eml: mhtouma@aol.com ( contact) Updated: 10/23/07 tel: (425) 271-7751 (owner/ applicant) eml: jamesvoght@msn.com (party of record) (Page 1 of 1) Denis Law Mayor May 18, 2009 Dan Touma Touma Engineers 6632 S 191st Place #E-102 Kent, WA 98032 Department of Community & Economic Development SUBJECT: Expiration period for RTC Short Plat City of Renton File LUA07-088, SHPL-A Dear Mr. Touma: The City of Renton Planning Division approved the above referenced application on October 23, 2007. This approval is ordinarily good for two (2) year(s). Pursuant to RMC 4-7-050M of the Renton Municipal Code, you may upon written request, prior to the expiration of the project, receive a single one (1)-year extension from the Planning Division. In addition to the above one (1)-year extension, the City Council under Ordinance No. 5452 (enclosed), has granted an extension of the period of validity on land use and subdivision approvals. Therefore, certain land use and/or subdivision approvals expiring after April 1, 2009, upon written request and prior to the expiration of the project, may receive an additional one-time two (2)-year extension beyond the standard expiration date listed in RMC 4-8 and RMC 4-9. Our records indicate that the above referenced application will expire on October 23, 2009. This letter is to inform you that prior to the expiration date of this project, you may submit a written request for the standard extension the project would normally receive under RMC 4-7, RMC 4-8, and RMC 4-9, as well as request the additional two (2)-year extension under Ordinance No. 5452. Please be aware that this extension does not apply to temporary use permits, building permits, or public works permits. Also, this provision shall automatically expire on December 31, 2010, and shall be removed from the code at that time unless another ordinance is passed extending this date. If you have any further questions, please feel free to contact Laureen Nicolay at (425) 430-7294. Sincerely, u ~ C-.~- C. E. Vincent Planning Director Enclosure: Copy of Ordinance #5452 cc: Keith Demps/ Owner City of Renton File No. LUA07-088, SHPL-A Chip Vincent, Planning Director Jennifer Henning, Current Planning Manager Neil Watts, Development Services Director Kayren Kittrick 1 Development Engineering Supervisor Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Return Address: City Clerk's Office City of Renton I 055 South Grady Way Renton, WA 98055 WATER UTILITY EASEMENT Pro e Tax Parcel Number:801110-0085 Project File#: LUA--07--088 Street Intersection or Project Name:RTC SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): I . Keith Demps I . City of Renton, a Municipal Corporation 2. The Grantor(s), as named above, for and in consideration of and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water line with necessary appurtenances over, under, throu~ across and upon the following described property (the right--0f-way) in King County, Washington, more particularly described as follows: A PORTION OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ACRE TRACTS, ACCORDJNG TO TifE PLAT TIIBREOF RECORDED lN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KlNG COUNTY, WASHINGTON Page 1 of5 For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining Water Line utilities and utility pipelines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. The Grantee shall, upon completion of any work within the property covered by the easement, restore the swface of the easement, and any pri vale improvements disturbed or destroyed duriug execution of the work, as nearly as practicable to the condition they were in innnediately before commencement of the work or entry by the Grantee. 2. Grantor shall retam the right to use the surfuce of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Ere.ct or maintain any buildings or structures within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c. Develop~ landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, twin.el or perform other fonns of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (l 5) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOf said Grantor has caused this instnnnent to be executed this 11 day of J'-1 "1 f 20 _Qj /0.u,~ ~ / -.. ....,, Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHJNGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that --------- /( [ I T It D £ M P~ signed this instrument and his/her/their free and volnntary act for the uses and purposes ent d for the State of Washington £A}J;fM/,V D. Cff/Z7fi Page2 of5 Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that --------- --,--~~~-cc-----,----c-----,-,----,-----c--~~--signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: ____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ~---,-,---,----- _________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and _______ _ of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print). _____________ _ My appointment expires: ____________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of , 20 ~ before me personally appeared ______________________ to me known to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each On oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: _____________ _ Dated: Page3 of5 EXHIBIT "A" LEGAL DESCRIPTION (Must be stamped by a P.E. or L.S.) THE NORTif 15.00 FEET OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ACRE TRACTS, ACCORDING TO THE PLAT TifEREOF RECORDED IN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. SITIJATE IN THE NORTWEST QUARTER OF TifE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY. WASHINGTON Page 4 of 5 -_. .-;,: .D 1 I w z w > ~ 0. <( "' ::E w 0 0::: z 0 :::!: 0 0 d c.o -" Ol fTl c.o c.o lJl 0J NW 1/4 OF SE 1/4 OF SEC 9, TWN. 23 N., RG. 5 E., W.M. LOT 4 LOT 1 NEW 15' PUBLIC WATER EASEMEN~ CITY OF RENTON 1 SP#LUA98-032SHPL 0 d c.o -" m fTl c.o <D + -----1 ss·49'5b" w 200.00· 26' PRVT. ACCESS & UTILITY EASEMENT LOT 2 <.n 0 0 d c.o -' m fTl c.o c.o + N LOT 3 LOT 3 -~Q..Q! ___ t 68.05' I 68.08' I 63.90' I I s ss·s2·40" El 200.03· I 26 ALBERT BALCHS PRESID'ENT PARK PLAT VOL 49, PAGE 3 25 I 24 23 0 N II ii·~ <.n 0 0 . -" 0 N .,., m "'" 0 , .,., fTl " ~ c.o p.. c.o 0J m Return Address: City Clerk's Office City of Renton 1055 SouthGradyWay Renton, WA 98055 BILL OF SALE I RTC Short Plat IJIIIIIJllllll'I CITY OF RENTON BS 43 ee PAGE-ee1 OF e02 · 06/24/2009 15:44 KING COUNTY, UA -j;t. -1,4;;; 7 Property Tax Parcel Number: 801110-0085 Project File#: LUA-07-088, SHPL I Street Intersection: I Address: 650 Monroe Ave NE Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): 1. Kieth Demps I. City of Renton, a Municipal Corporation 2. The Gran tor, as named above, for, and in consideration of mutual benefits, hereby grants, bargains, sells and delivers to the Grantee, as named above, the following described personal property: WATER SYSTEM: Lmg!)J Size ~ 208 L.F. of 8 " DI Water Main L.F. of " Water Main L.F. of " Water Main 2 each of 8 " Gate Valves each of " Gate Valves I each of Fire Hydrant Assemblies SANITARY SEWER SYSTEM: Lmg!)J Size D'lll< 160 L.F. of 6 " {'VC Sewer Main L.F. of ,. Sewer Main L.F. of " Sewer Main each of ,, Diameter Manholes each of " Diameter Manholes each of " Lift Stations STORM DRAINAGE SYSTEM: Length Size D'lll< 51 L.F. of 8 " DJ Storm Main L.F. of " Storm Main each of " Storm InJet/Outlet 6 each of " T=l Storm Catch Basin 2 each of ,, Tiw2 Manhole STREET IMPROVMENTS: (Including Curb, Gutter, Sidewalk, Asphalt Pavement) Curb, Gutter, Sidewalk ___lQ2._ L. F. Asphalt Pavement: SY or 1351. F. of 20 Width STREET LIGHTING: # of Poles 1 By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully cl<>irnino-or to claim the same. Tbis conveyance shall bind the heirs, executors, administrators and assion~ forever. Rousso Bm of Sale Page 1 IN WITNESS WHERE~aid iliantor has caused ~nstrument to be executed this_ day of __ , 20 _. (jL ..--..._ "----'-' ~ ~ , Y1 Q . Notary Seal must be within box Notary Seal must be within box Notary Seal must be within box Rousso Bill of Sale INDIVIDUAL FORM OF ACKNOWLEDGMENT STAIB OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that--------- ----~---c--cc---c--cc---c-c--~-c--signed this instrument and acknowledged it to be his&er/their free and voluntary act for the uses and purposes mentioned in the inst:rwnent Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: ____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STAIB OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that --------- ---------~---~~--signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and-------- of to be the free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: _____________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STAIB OF WASHINGTON ) SS COUNTY OF ~G ) On this / C. day of ::S \J Y'C' , 20 .al, before me personally appeared Anncd:I e l:>,Q ""'l' ~ to me known to be Ov,> I'.\ 'Q C of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Page2 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 21, 2009 Bonnie Walton, City Clerk's Office Carrie K. Olson, Plan Review x7235 RTC SHORT PLAT LUA07-088-SHPL Attached please find two sets of the above-referenced original mylars and three paper copies of the mylar for recording with King County. lhe recording instructions in order are as follows: 1. Record the short plat mylars. 2. Record the Water Easement document and request King County to v.Tite the recording number in the space provided on the short plat mylar. 3. The Bill-of-Sale attached can be recorded separately. 4. Request King County to return one of the executed mylars to us for our records. Please have the Courier take these documents via 8-hour service. A check in the amount ofSIS.81 made out to Champion Couriers is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000000.007.5590.0060.49.000003. Please call me if you have any questions. Thank you. Cc: Kayren Kittrick (Notice of Recording) Jan Conklin (Please provide PIO/recording #'s to Sonja, Carrie, and Patrick) Yellow File \IJ:\PlanRevlew\COLSON\Shortplats 2009\RTC SHPL 10m ClerkRecord.doc Return Address.· City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 WATER UTILITY EASEMENT Project File#: LUA-07-088 Pronertv Tax Parcel Number:801110-0085 Street Intersection or Project Name:RTC SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): 1. Keith Demps I. City of Renton, a Municipal Corporation 2. The Grantor(s), as named above, for and in consideration of and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public \Vater line \\'ith necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described as follows: A PORTION OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ACRE TRACTS, ACCORDING TO TilE PLAT THEREOF RECORDED IN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN THE NORTWEST QUARTER OF TI-IE SOUTHEAST QUARTER OF SECITON 9, TOWNSHIP 23 NORIB, RANGE 5 EAST, W.M, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON Page 1 of 5 r;:;,0[11 .. coSD For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining Water Line utilities and utility pipelines, together with the right of ingress and egress thereto without prior instimtion of any suit or proceedings of law and without incuning any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: ]. The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2. Gran tor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a. Erect or maintain any buildings or structtrres within the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the C. utilities to be placed \Vithin the easement by the Grantee; or Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, twmel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen ( 15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Granters covenant that they are tl1e lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully clainling or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WlTNESS WHE2 said Grantor has caused this instrument to be executed this /1 day of J'-1/Jf 20 _Q_1 /0~ . L-t / - ~ ..:::;;;;;,, INDIVIDUAL FORM OF ACKNOWLEDGMEJ\/T Notary Seal must be within box STATE OF WASHINGTON ) SS COUNIY OF KJNG ) J certify that I know or have satisfactory evidence that K f I Tft D f= /Vi p~ signed this instrument and --his/her/their free and voluntary act for the uses and purposes mentioned in the ins l.lmcnt ....... -of . ?, l), {!:;;t:=-' .. ., ... -·-llf ... Iii MIIDI hllfr#-,1/ftn in od for the State of Washington Notarv (Print) EEA1T.4M1AJ D. (Hfi?..Tf5 ,e --MY appomtmem p1res: ,, Ii, 1?~12 Dated: JUµ£ Ii 'Z "" '\ . . Page 2 of 5 Notary Seal must be within box Notary Seal must be '>Vithin box Notary Seal must be within box lNDl\~DcAL FORM OF ACKNOWLEDGME1'T STATE OF WASHINGTON) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that --~------ ------------------signed this instrument and acknowledged it to be his/her/their free and voluntary act for tl1e uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) _____________ ~ My appointment expires: _____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDmmNT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that~-~------ __________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the ___________ and ________ _ of to be the free and voluntary act of such party/parties for the uses and pUIJJOses mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ______________ _ My appointment expires: _____________ _ Dated: CORPORATE FORM OF ACKNOWLEDG:l1ENT STATE OF WASHINGTON ) SS COUNTY OF KJNG ) On this day of , 20_, before me personally appeared _______________________ to, me known to be of the COIJJoration that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: _____________ _ Dated: Page 3 of5 EXHIBIT "A" LEGAL DESCRIPTION (Must be stamped by a P.E. or L.S.) Tiffi NORTII 15.00 FEET OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ACRE TRACTS, ACCORDING TO THE PLAT TiffiREOF RECORDED IN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN Tiffi NORTWEST QUARTER OF Tiffi SOUTI!EAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTII, RANGE 5 EAST, WM., IN Tiffi CITY OF RENTON, KING COUNTY, WASHINGTON Page 4 of 5 NW 1/4 OF SE 1/4 OF SEC 9, TWN. 23 N., RG. 5 E., W.M. NEW 15' PUBLIC I I WATER EASEMENT LOT 4 CITY OF RENTONbSP#LUA98-032SHPL LOT 3 N 88°49'5 " W 200.00' 0 N II U) L__/ --L. __.L_ L.__ / -.L' .L_ /__/ -L. _L_ L_ _L_ L/_/ __L 11 ·~ U) U) U) 0 w 0 -----0 -----0 0 z c:i 0 26' PRVT. ACCESS & 0 0 .<;; • .D (D c:i UTILITY EASEMENT c:i --' :.2 w 0 X > --' (D (D -W-l 0) -N "' <( --' --' §< LOT 3 0) <;... 0) LOT 2 0) 0 ~ w LOT 1 " .,., 0 fTl " fTl fTl ['Tl OJ) a: "' (D 0.., z (D (D (D (D 0 (Jl (D (D (D 2 (.,-J +" +" (.,-J ---.J N 0) -~Q.Q! __ • 68.05' 68.08' 63.90' s ss·s2· 40" E 200.03· ALBERT BALCHS PRESID'ENT PARK PLAT 26 VOL 49, PAGE 3 25 I 24 I 23 DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 19, 2009 Gregg Zimmerman, Administrator Carrie K. Olson, Plan Review x7235 RTC SHORT PLAT LUA07-088-SHPL Technical Services and Development Services have reviewed and recommended approval for the above-mentioned short plat. Requirements and conditions have been fulfilled, fees paid. Two original mylars are attached and are submitted for your review and signature. Please return mylars to me for recording. Thank you. cc: Yellow Pile 1\1:\PlanReview\COLSON\Shortplats 2009\RTC SHPL 9m ZimSign.doo DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM May 29, 2009 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Carrie Olson, Plan Review x7235 CO RTC SHORT PLAT LUA07-088-SBPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Water Easement • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. --:,--~ Approval:-c'" ~--~.:..Ci I l,,, Robert T ~ac Onie, Jr. Cc: Yellow File l:\PlanReview\COLSON\Shortplats 2009\RTC SHPL 03m TS-PR Review.doc DATE: TO: ROUTE TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 12, 2009 Mike Dotson, Plan Review Kayren Kittrick, Plan Review Carrie Olson, Plan Review CO RTC SHORT PLAT LUA07-088-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachment included: short plat drawing Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Acce(!ted Related Comments NA :i. Project #s i As-Builts -/ Cost Data Inventory ,; Bill of Sale v Easements :i. (Water, Sewer, Utilities, Hydrant, etc.) Deed of Dedication :i. Restrictive Covenants :i. Maintenance Bond Release Permit Bond Comments for the Project Manager: Is there to be a sidewalk easement included in this short J}u plat? The Project Narrative says that it is to be added to the frontage. Said easement is not _ shown on the short plat submittal currently being reviewed, and was not submitted separately via a city easement form. I . -/'/1,/-1--1 Approval: tJ/1!/ U/ffe/ Kay;..,n Kittrick Cc: Yellow File Mike Dotson J:\PlanReview\COLSON\Shortplats 2009\RTC SHPL 06m TS-PR Review.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM June 12, 2009 Jennifer Henning, Planning Carrie Olson, Plan Review C,D RTC SHORT PLAT LUA07-088-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: Je~i!~~ , Date: c,{11 //JI Cc: Yellow File l:\PlanReview\COLSON\Shortplat< 2009\RTC SHPL 07m PlanningReview.doc DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM May 29, 2009 Jan Conklin, Development Services Carrie K. Olson, Development Services/Plan Review x7235 {!Z) RTC SHORT PLAT LUA07-088-SHPL A copy of the above mentioned short plat is attached for your information. If you have comments or changes in addressing, please let me know. IU:\PlanReviewlCOLSON\Shortplats 2009\RTC SHPL 04m JanC.doc Printed: 06-19-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07-088 Receipt Number: R0902554 Total Payment: 06/19/2009 01 :33 PM 2,411.50 Payee A & D Quality Construction #82065 Current Payment Made to the Following Items: Trans Account Code Description 5045 304.000.00.345.85 Fire Mitigation-SFR 5050 305.000.00.344.85 Traffic Mitigation Fee Payments made for this receipt Trans Method Description Amount Payment Check #82065 2,411.50 Account Balances Amount 976.00 1,435.50 Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5045 5050 5909 5 941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 000.345.81.00.0024 000.345.81.00.0005 304.000.00.345.85 305.000.00.344.85 000.341.60.00.0024 000.341.50.00.0000 650.237.00.00.0000 000.05.519.90.42.l 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Horne Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use, Hobbyk, Fence Variance Fees Conditional Approval Fee Comprehensive Plan Amend Fire Mitigation-SFR Traffic Mitigation Fee Booklets/EIS/Copies Maps (Taxable) DO NOT USE -USE 3954 Postage Tax -1, 435.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1,435.00 .00 .00 .00 .00 .00 Printed: 05-14-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U080038 Receipt Number: R0806151 Total Payment: 12/03/2008 09:42 AM 1,159.30 Payee: Visa -Keith Demps ***0699 Current Payment Made to the Following Items: Trans Account Code Description 4059 405.388.10.00.0013 Misc. Water Installation 4061 407.322.10.00.0020 Storm Water Permits Payments made for this receipt Amount 915.00 244.30 Trans Method Description Amount Payment Credit C VI SA Visa 1,159.30 Account Balances Trans Account Code Description Balance Due --------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343.90.00.0003 Storrnwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343.90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4045 426.388.10.00.0031 Spec Assmt Dist, Sewer .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $0.00 Printed: 05-14-2009 Payment Made: CITY OF RENTON 1055 s. Grady Way Renton, WA 98055 ----------------------·---~----· ·-----·----- Utility Services Permit RECEIPT Permit#: U080038 Receipt Number: R0805473 Total Payment: 10/21/2008 11 :27 AM 24,306.00 Payee: A & D Quality Construction #81812 Current Payment Made to the Following Items: Trans Account Code Description Amount ---------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Works Inspection 450.00 4033 407.343.90.00.0003 Stormwater Insp Approval 195.00 4040 426.388.10.00.0020 Spec Util Connect Sewer 4,773.00 4042 406.343.90.00.0002 Sewer Inspection Approvl 540.00 4044 406.322.10.00.0015 Sewer Permit 300.00 4045 426.388.10.00.0031 Spec Assmt Dist, Sewer 11,046.30 4056 425.388.10.00.0010 Spec Util Connect Water 4,472.00 4057 405.343.90.00.000l Water Inspection Approvl 450.00 4061 407.322.10.00.0020 Storm Water Permits 55.70 4069 427.388.10.00.0040 Spec Util Connect Stormw 2,024.00 Payments made for this receipt Trans Method Description Amount Payment Check #81812 24,306.00 Account Balances Trans Account Code Description Balance Due --------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Wor%s Inspection .00 4033 407.343.90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343.90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4045 426.388.10.00.0031 Spec Assrnt Dist, Sewer .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4 05 6 425.388.10.00.0010 Spec Otil Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $0.00 Printed: 05-14-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Utility Services Permit RECEIPT Permit#: U080038 04/07/2008 12:33 PM Receipt Number: R0801692 Total Payment: 1,635.00 Payee: Credit Card -Keith Demps Current Payment Made to the Following Items: Trans Account Code Description Amount 4028 000.343.20.00.0000 Public Works Inspection 450.00 4033 407.343.90.00.0003 Stormwater Insp Approval 195.00 4042 406.343.90.00.0002 Sewer Inspection Approvl 540.00 4057 405.343.90.00.0001 Water Inspection Approvl 450.00 Payments made for this receipt Trans Method Description Amount Payment Credit C VISA Visa 1,635.00 Account Balances Trans J'..ccount Code Description Balance Due --------------------------------------------------------------------- 4028 000.343.20.00.0000 Public Works Inspection .00 4033 407.343.90.00.0003 Stormwater Insp Approval .00 4040 426.388.10.00.0020 Spec Util Connect Sewer .00 4042 406.343.90.00.0002 Sewer Inspection Approvl .00 4044 406.322.10.00.0015 Sewer Permit .00 4045 426.388.10.00.0031 Spec Assmt Dist, Sewer .00 4050 000.322.40.00.0000 Right-of-way Constructn .00 4056 425.388.10.00.0010 Spec Util Connect Water .00 4057 405.343.90.00.0001 Water Inspection Approvl .00 4059 405.388.10.00.0013 Misc. Water Installation .00 4061 407.322.10.00.0020 Storm Water Permits .00 4069 427.388.10.00.0040 Spec Util Connect Stormw .00 5025 000.322.10.00.0017 Street Lighting Fee .00 Remaining Balance Due: $0.00 Denis Law Mayor June 18, 2009 Keith Demps A & D Quality Construction Co., LLC 202 SW Sunset Blvd., E. 202 Renton WA 98057 Department of Community & Economic Development SUBJECT: RTC SHORT PLAT LUA07-088-SHPL Dear Mr. Demps: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. SHORT PLAT REVIEW COMMENTS. (These items are required to be completed prior to recording of the short plat.) I. Please submit an original, signed and notarized Water Utility Easement. 2. Pay the Transportation and Fire Mitigation Fees in the amount of $ 2411.50 for 2 lots under I LUA07-088 made payable to the City of Renton. These fees may be paid at the Customer Services Counter on the 6th floor of Renton City Hall. When the above items are completed, you may submit the signed and notarized short plat mylars (one original mylar and one copy (on mylar) of each sheet) along with a check in the amount of$15.81 (current courier fee) made out to Champion Couriers. Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, Carrie K. Olson Development Services, Plan Review FAXED TO: Dan Touma, Touma Engineers 425-251-0625 Cc: City Clerk's File (LUA07-088-SHPL) l:\PlanReview\COLSON\Shortplats 2009\RTC SIIPL SL RequcstMylarStop.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov • 121c Sf mY 34 r7 -GcRJ? :7J/,, .. ~ ' .· {_;,..,, : , /-.-... ~; ,.'""' Denis Law Mayor June 18, 2009 Keith Demps A & D Quality Construction Co., LLC 202 SW Sunset Blvd., E. 202 Renton WA 98057 :# I Department of Community & Economic Development SUBJECT: RTC SHORT PLAT LUA07-088-SHPL Dear Mr. Demps: The review submittal on the above-mentioned short plat has been completed and the following comments have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit a copy of the short plat drawings and a copy of any other related documents. SHORT PLAT REVIEW COMMENTS· (These items are required to be completed prior to recording of the short plat.) 1. The "VICINITY MAP" needs a north arrow and a scale. 2. Move the "LUA" and "LND" numbers frpm the upper right-hand corner of the drawing sheet to the upper left-hand corner of said sheet, where said numbers would be more visible (in the block currently occupied by "CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON"). Comments concerning the Water Utility Easement: 3. Number each page of the Water Utility Easement document (Page 1 of 5, Page 2 of 5, etc.). Do not place said page numbers within the bottom l" margin of the pages. 4. The abbreviated legal description on Page 1 of 5, should begin with "A PORTION OF LOT 3, BLOCK 2, STEW ARTS HIGHLANDS ... ". Add the pertinent indexing infommtion at the end of this legal on said Page 1 (Situate in the Northwest quarter of the Southeast quarter of Section 9, To"nship 23 North. Range 5 East, W.M., in the City of Renton, King County. Washington). 5. Add the same indexing information to the end of the legal description noted on EXHIBIT "A" on Page 4 of 5. Sec the attachment for a circled word that needs to be corrected. 6. Add the same indexing information (noted above) on the Map Exhibit page (Page 5 of 5). !:\PlanReview\COLSON\Shor!plats 2009\RTC SI [PL 05L Change RequestStop.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Page 2 June 18. 2009 Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, Carrie K. Olson Development Services, Plan Review ·---~~~ FAXED TO: Dan Touma, Touma Engineers 425-251-0625 ( Cc: Yellow File TOUMA ENGINEERS & LAND SURVEYORS,PLLC 6632 S 191sr PLACE, SUITE E-102, KENT, WA 98032 TEL 425-251-0665 FAX 425-251-0625 E-mail Address: mhtouma@aol.com Transmittal TO: SUBJECT: FROM: City of Renton 1055 South Grady Way Renton, WA 98043 Attention: Carlie Olsen Date: RTC Short Plat -LUA 07-088, SHPL Dan Touma June 18, 2009 We are submitting the following documents per your letter dated May June 18, 2009. The corrections are highlighted. (1) Revised Short Plat map (1) Revised Public Water Easement Dedication. If you have any question with respect to this transmittal, please call me. CITY OF RENTON RECEIVED JUN 1 S 2009 BUILDING DIVISION Return Address: City Clerk's Office City of Renton 1055 SouthGradyWay Renton, WA 98055 WATER UTILITY EASEMENT Project File#: LUA-07-088 Property Tax Parcel Number:801110-0085 Street Intersection or Project Name:RTC SHORT PLAT Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): I. Keith Demps I. City of Renton, a Municipal Corporation 2. The Grantor(s), as named above, for and in consideration of and other valuable consideration, do by these presents, grant, bargain, sell, convey, and warrant unto the above named Grantee, its successors and assigns, an easement for public water line with necessary appurtenances over, under, through, across and upon the following described property (the right-of-way) in King County, Washington, more particularly described as follows: A PORTION OF LOT 3, BLOCK 2, STEW ARTS HIGHLANDS ACRF TRACfS, ACCORDING TO THE PLAT THEREOF RECORDED lN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON SITUATE IN 1HE NORTWEST QUARTER OF 1HE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, WM., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON Page 1 of5 For the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining Water Line utilities and utility pipelines, together with the right of ingress and egress thereto 1'ithont prior institution of any suit or proceedings of law and "ithout incurring any legal obligation or liability therefor. Following the initial construction of its facilities, Grantee may from time to time construct such additional facilities as it may require. This easement is granted subject to the following terms and conditions: 1. Toe Grantee shall, UIXJn completion of any work v.'l.thin the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in inunediately before commencement of the work or entry by the Grantee. 2. Grantor shall retain the right to use the surface of the easement as long as such use does not interfere with the easement rights granted to the Grantee. Gran tor shall not, however. have the right to: a. Erect or maintain any buildings or structures \VJ.thin the easement; or b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere \'\'ith the utilities to be placed v..rithin the easement by the Grantee; or c. Develop, landscape, or beautify the easement area in any way \\:hich would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth Grantee's facilities on the right-of-way, or endanger the lateral support facilities. e. Blast within fifteen (15) feet of the right-of-way. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Granters covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. By this conveyance, Grantor will warrant and defend the sale hereby made unto the Grantee against all and every person or persons, whomsoever, lawfully claiming or to claim the same. This conveyance shall bind the heirs, executors, administrators and assigns forever. IN WITNESS WHEREOF, said Grantor has caused this instrument to be executed this __ day of ____ 20 __ . Notary Seal must be within box INDIVIDUAL FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that--------~ ------------------signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print) ________________ _ My appointment expires: _____________ _ Dated: Page 2 of5 • Notary Seal must be v.ithin box Notary Seal must be within box Notary Seal must be v.ithin box INDIVIDUAL FOR'\1 OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ __________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument Notary Public in and for the State of Washington Notary (Print). _____________ _ My appointment expires: _____________ _ Dated: REPRESENTATIVE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) I certify that I know or have satisfactory evidence that ________ _ __________________ signed this instrument, on oath stated that he/she/they was/were authorized to execute the instrument and acknowledged it as the and ________ _ of to be the :free and voluntary act of such party/parties for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) ______________ _ My appointment expires: _____________ _ Dated: CORPORATE FORM OF ACKNOWLEDGMENT STATE OF WASHINGTON ) SS COUNTY OF KING ) On this day of , 20_, before me personally appeared _______________________ to me kno\\-11 to be of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath stated that he/she was authorized. to execute said instrument and that the seal affixed is the corporate seal of said corporation. Notary Public in and for the State of Washington Notary (Print) _____________ _ My appointment expires: _____________ _ Dated: Page 3 of5 EXHIBIT "A" LEGAL DESCRIPTION (Must be stamped by a P.E. or L.S.) TilE NORTH 15.00 FEET OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ACRE TRACTS, ACCORDING TO TilE PLAT TIJEREOF RECORDED IN VOLUME 43 OF PLATRS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. SITUATE IN TilE NORTWEST QUARTER OF TilE SOUTIIBAST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN TilE CITY OF RENTON, KING COUNTY. WASHINGTON Page 4 of5 NW 1/4 OF SE 1/4 OF SEC 9, TWN. 23 N., RG. 5 E., W.M. NEW 15' PUBLIC I I WATER EASEMENT LOT 4 CITY OF RENTON! SP#LUA98-032SHPL LOT 3 I I ~ Cl N I II I '- U) U) U) 0 w 0 -----0 -----0 0 z d 0 26' PRVT. ACCESS & 0 0 . t= UTILITY EASEMENT • .D (0 d d ~ ~ w 0 > ~ (0 (0 . µcl . N "' <( CTl ~ ~ LOT 3 ..... ~ CTl CTl CTl 0 ~ w LOT 1 LOT 2 : : "' 0 fT1 "' fT1 fT1 fT1 ~ a::: (0 /l. z (0 (0 (0 (0 0 (0 (0 (0 ~ (Jl 0J .j:,.. .j:,.. 0J --...j N CTl -~Q.-9l __ ,J. 68.05' 1 68.08' I 63.90' S 88'52' 40" E! 200.03' ALBERT BALCHS PRESID'ENT PARK PLAT 26 VOL 49, PAGE 3 25 I 24 I 23 TOUMA ENGINEERS & LAND SURVEYORS,PLLC 6632 S 191ST PLACE, SUITE E-102, KENT, WA 98032 TEL 425-251-0665 FAX 425-251-0625 E·mail Address: mhtouma@aol.com Transmittal TO: SUBJECT: FROM: City of Renton 1055 South Grady Way Renton, WA 98043 Attention: Carrie Olsen Date: RTC Short Plat -LUA 07-088, SHPL Dan Touma We are submitting the following documents peryou rtetterdated May 141 h ,2009 (3) Short Plat map (3) Public Water Easement Dedication. If you have any question with respect to this transmittal, please call me. May 28, 2009 .. , PUBLIC WORKS DEPARTMENT MEMORANDUM DATE: TO: FROM: SUBJECT: June 11, 2009 Carrie Olson Sonja J. Fesser J)c:!(: RTC Short Plat, LUA-07-088-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: The "VICINITY MAP" needs a north arrow and a scale. If there is to be a 5' public sidewalk added along the street frontage (Monroe Ave NE), then a sidewalk easement is needed (west side of Lot I). A separate easement document for this purpose ( using the city form) has not been submitted for review. Said easement is not noted on the short plat submittal either. Move the "LUA" and "LND" numbers from the upper right-hand corner of the drawing sheet to the upper left-hand corner of said sheet, where said numbers would be more visible (in the block currently occupied by "CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON"). Comments concerning the Water Utility Easement: Number each page of the Water Utility Easement document (Page I of 5, Page 2 of 5, etc.). Do not place said page numbers within the bottom I" margin of the pages. The abbreviated legal description on Page I of 5, should begin with "A PORTION OF LOT 3, BLOCK 2, STEWARTS HIGHLANDS ... ". Add the pertinent indexing information at the end of this legal on said Page I (Situate in the Northwest quarter of the Southeast quarter of Section 9. Township 23 North, Range 5 East, W.M., in the Citv of Renton, King County, Washington). Add the same indexing information to the end of the legal description noted on EXHIBIT "A" on Page 4 of 5. See the attachment for a circled word that needs to be corrected. Add the same indexing information (noted above) on the Map Exhibit page (Page 5 of 5). \(!:\File Sys\LND · Land Subdivision & Surveying Records\LND-20-Shorl Plats\0498\RV090608.doc June 11. 2009 Page 2 Comments for the Project Manager: Is there to be a sidewalk easement included in this short plat? The Project Narrative says that it is to be added to the frontage. Said casement is not shown on the short plat submittal currently being reviewed, and was not submitted separately via a city easement form. 11:\f-ile Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0498\RV090608.doc\cor Denis Law Mayor May 14, 2009 Keith Demps A & D Quality Construction Co., LLC 202 SW Sunset Blvd., E. 202 Renton WA 98057 Department of Community & Economic Development SUBJECT: RTC SHORT PLAT LUA07-088-SHPL Dear Mr. Demps: The review submittal on the above-mentioned short plat has been completed and the following conunents have been returned. Please review these comments and make the necessary changes. Once changes have been completed please resubmit three copies of the short plat drawings and three copies of any other related documents. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the short plat.) 1. Contact Mike Dotson, Plan Reviewer, al 425-430-7304 for requirements to be completed on the civil construction portion of your project, including inspection and sign-off ofpennits. 2. Note the land record number, LND-20-0498, in the space provided on the drawing sheet. 3. Remove the"-A" from the end of"SHPL" (upper right hand comer of the drawing sheet). 4. Remove the "AQUIFER PROTECTION NOTICE" block from the drawing sheet. The subject property does not fall within the boundaries of Zone I or 2 of the Protection Area. 5. Remove the tax account numbers from the two properties lo the north of the subject short plat property. Also remove the tax account numbers from the four lots to the south of the subject site. These four lots are platted -note the lot numbers and plat name in this location. 6. The property to the east of the subject site is also platted and has a lot number. Replace the currently shown tax account number with said plat name and lot number. 7. It is not clear that the notice of claim to severed mineral interests should be noted as a new Item No. 4, or as a part of Item No. 3, under the "EASEMENTS NOTES" block The title report seems to indicate that it is attached to Item No. 3. 8. Addressing for the three lots is as follows: Lot 1 is 1()2 Monroe Ave NE, Lot 2 is 704 Monroe Ave NE and Lot 3 is 708 Monroe Ave NE. The spelling for the word "ADDRESSES" is incorrect in the lltle for the addressing block, as shown on the drawing sheet. There is no reference to "NE 7'" COURT" in the addresses. I:\PlanReview\COL.SON\Shortplats 2009\RT(' SHPL 021. Change RequestStop.doc Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov Page 2 May 14, 2009 9. Include the words "KING COUNTY" m the approvals block for the Department of Assessments. 10. It appears that a space for the name of the official representative of the property owner is not included in the "ACKNOWLEDGMENTS" block. Review and revise as needed. 11. ls the 15 'wide public water easement recorded or new? If already existing, note the recording number on the drawing submittal. If said easement is new, note it as "NEW" on the drawing and provide a space for the future recording number thereof. A separate city generated utilities easement document form is needed. The applicant's surveyor is required to provide an abbreviated legal description for Page I of the document, a complete legal description for Exhibit A and a map exhibit for Exhibit B. Include complete indexing information for all three requirements. After the city approves the easement document, then said document can be recorded concurrently with the short plat submittal. See attached water easement for your use. 12. If there is to be a 5' wide sidewalk easement, then note it on the drawing, and include the word "PUBLIC" on said submittal. Also, provide a space for the recording number thereof. The process of creating said easement document is the same as is noted in the previous paragraph for the water easement. See attached sidewalk casement for your use. 13. Return the vicinity map to the final shmt plat submittal. 14. Sec the attachments for circled items that need to be corrected. Should you need to discuss any portion of this letter please contact me at (425) 430-7235. Sincerely, Carrie K. Olson Development Services, Plan Review ... -::::-,FAXED TO: Dan Touma, Touma Engineers 425-251-0625 r' Cc: Yellow File flf~ ~-(4--01 ~.'cD~~ Fkom: c~ -da-1~ -rz: .. ~~A ~ m-c_ s~~ fa)f-. .. NEW PRIVATE EASEM[NT F"uR INbR[SS. EGRESS & UTILITIES MAIN IENANCE AGkt:.EMtNT NOTE: NEW PRIVATE EXCLUSiVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES IS TO BE CREA TED UPON "THE SALE OF LOTS SHOWN ON "IHl'.i SHORT PLAT. "THE OWNERS OF l.OTS 1 THUR 3 SHAU HAVE AN EQUAL AND UNDIVIDED INTEREST IN THE OWNER$111P AND RfSPONilBILITY FOR MAINTENANCE OF THE PRIVfa. IE ACCESS EASEMENT APPURTENANCES ·i11£St APPURTENANCES AND MAINlENANU RE::iPONSl81UllES INCLUDE THf t<EPAIR AND MAINTENANCE OF lliE PRIVA TF ACCESS ROAD, DRAINAGE PIPE$. AND STORM WATER QUALITY WlldlN THIS i:ASEMENT PRl\iATE SIGNAGE. AND OTHER INFRASTRUCTURt NOT UWNEU SY THF Cl fY Of RENTON OR OTHER UTILITY PROVIDERS. MAINTENANCE COSTS SHAU BE SHARED EQUALLY PARKING ON 1HE PAVING IN THE ACCESS EASEMENl IS PROHIBITED, UNLt::ic, PAVEMENT WIDTH IS GREATER THAN 20 FEET. DECLARATION Of COVENANT THE OWNERS OF LAND EMBRACED WITHIN llilS ::;HORT PLAT IN RETURN FOR lliE BENEFI.TS TO ACCRUE FROM fl--llS SUBDIVISION_ BY SIGNING HERE.ON COVENANl ANU AGREE TO CuNVEY THE BENffJCiAL INTEREST IN TI--lE NEW LASEr.1EN1'., SHOWN ON THIS SHOR r PLAT TO ANY AND AU FUTURE f-'URCHAStf<S OF THE u;TS, OR OF ANY SUBDIVISIONS THEREOF TI--JIS COvENANT SHALl RUN WITH THE LA1~U AS SHOWN ON TI--JIS SHuRT PLAT OWNER'S DECLARA flON KNOW All PEOPLE BY THESE f-'KbtN IS IHA I Wl !Ht UNUtRSIGNtU OWNt.K~ OF INlEREST IN THE LAND HEREBY SHORT SUl:JOIV1UEO, DO HEREBY MAKE A SHORT SUBDIVISION THEREFORE DE(;LARE THIS MAP TO BE THE GRAPHIC REPRESENTATION OF THE SAME AND THAf SHORT SUBDIVISION IS MADE Wllh THE FREE CONSENT ANO IN ACCORDANCE WITH THE DESIRE OF THE OWNERS IN WITNESS WHt.1-<LJr Wt. :,l : JUk HA1,t.,::, Al~U :::.t.AL:::, ACKNOWLEDvMENfS State of Wasninyton County of _______ _ On this . ___ au, .,r to me known to oe t.tii. LU. -.-·- -----______ __ _ of the •cu,µAutiur, thot exes;uku foregoing instrument and acknvw1eOged the said instrument to be the free and voluntary uct and deed of said corporation, for the uses and purposes therein mention, and on oath stated that he;sr,t was duly authorized to execute the said instrument and that the seal affixed is the coq,urate seal of said (;Orpor atior1. Witness my hulld uriJ vrfii;1u1 :;cu1 fH~r~t0 urt1At:::0 the Juy ,,.HiJ /cur first above writter- Nofoi-y-Pubiic in and for the State of Washington Notary (Print)___ _ ___ ... ---·-··-··· _ --·----___ _ Mv A1>Pu1ntment ~xunes Admini~t,ator r I NlJVU ---1327.- c, <D 0) I~ w z ~ <( u.J 0 a::: z 0 ~ j] ~I <D st i Pl I I \, . \, ' ' \ \ \ ' \ (/) C:R I 0 lg 0 IN . O'> I : . fTl I (() . (() /[~ I V /(j ' PK 1<111, U, MUN IN •.,A)[ SU ivlON 1N CASE W /X'' SI AMl'ED L::,#jb~82 l., KtbAK & CAP I , #1021 '.J • ,I i 1,1 liAk St U1I' LS g.'J899'l · SHORT PLAT NOTES i.,--:.:Z. f-._:J QUAK TE.R CORNER SE.Cl/ON CORNER _,, ~ THE FR 1JNT YARD FOR PROPOSED LOT 1 WOULD FACE TOWARDS MONROE ,:,,,-C: ""A\/f. NE THI: Fl-iOIH YARO FOR PROPOSl:.O LOT 2 WOULD FACE NORTI-1 -;::: ~ot<' :od TOWARfj~, THE ACCESS EASEMEN r AND THE FRONT YARD FOR PROPOSEU 1\ ... -;\ IJ.\f' LOT 3 WULILD Al.c,O FAC.E NORTH. ~ , \• \\ i\o"'-... · • C ~ ~ .. -- ,/ . ADRf:..SSES . ' 4PR 1 W 1y12c 7 2009 ~'v120 LOI 1 LOT 2 LOl 3 EASEMEt-.J T NOTES 1. CONVENTS, CUNLJlft0NS, RESTRIC!IUN::,, t.A:C,t:.Mt.NTS, NO IES, DEDICATION AND SETBACKS SET FORTH IN OR DEUNEATED ON THE PLAT OF STEWARTS HIGHLAND ACRE TRACTS. 2. 10' WIUE Pu0t. I SOUND ENERGY EASt:.MlNT FOR GAS AND ELECTRICITY RECORDED UNDER RECORDING NUMBER 20070917000894. INSUFFICIENT INFORMATION FOR LOCATION. 3. RESERVATION Ai~U EXCEPTION (coN~-.;NED\ IN DEED FROM (Elqy!O RAIL ROAD COMPANY RECOkOED UNDER RECORDING NUMBER 241450. DOCUMENT WAS MODIFIED BY R~CORDING NUMBER 4450143 . , LT,;_t"'.e. 2,,:;,, NA NOl1cE vr CLAIM 10 SEVER/:0 MINt:.kAt"'°~ECORDED'. UNDt:.R RECORDING NUMBt:.R l..YoB120900U69U AQUIFER P.kOTl!:CTION NOTICE THE LOTS CREATED HEREIN FALL WITHIN ZONE 2 OF RENTON'S AQUIFER PROTECTION AREA AND ARE SUBJECT TO THE REQUIREMENTS OF THE CITY OF RENTON ORDINANCE #4367 AND AS AMENDED BY ORDINANCE NO. 4740. THIS CITY'S SOLE SOURCE OF DRINKING WATER IS SUPPLIED FROM A SHAl.i.OW AQUIFER UNDER THE CITY'S SURFACE. THERE IS NO NATURAL BARRIER BETWEEN THE WATER TABLE AND GROUND SURFACE. EXTREME CARE SHOULD BE EXERCISED WHE.N HANDLING ANY LIQUID SUBSTANCE OTHER THAN WATER TO PROTECT FROM CONTACT WITH THE GROUND SURFACE IT IS THE HOMEOWNERS RE.SPONSIBILITY TO PROTECT THE CITY'S DRINKING WATER. ----f w 0 <( a.. "-_j §? >UMA ENGINEERS SURVEYORS,PLLC RTC SHORT PLAT RENlON WASHINGTON ' VALLEY EXECUTIVE PARK fJ\i\tN 8'{ DA fE JOB NO. PLACE, SUITE E-102 • KENT, WA 9o0J, l)AN I H ii Y )()()7 R71 -r1r\'i-n7·1 DATE: TO: ROUTE TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM Apri_l~17, 2009 '-./t,, I , ., p " ', .'1. Arneta HctmiHger, Plan Review Kayren Kittrick, Plan Review Carrie Olson, Plan Review RTC SHORT PLAT LUA07-088-SHPL Attached is the most recent version of the above-referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks, Attachment included: Letter of compliance, lot closures, short plat certificate, short plat drawing Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat my Jars. Status Of: Acce(!ted Related Comments NA i Project #s 7 As-Builts Cost Data Inventory Bill of Sale Easements i (Water, Sewer, Utilities, Hydraut, etc.) Deed of Dedication i Restrictive Covenants -:i. Maintenance Bond Release Permit Bond Comments: Arnie, Is the 15' utilities easement public or private? Approval: Date: _____ _ ~K:;a~y;;;re~n~K::;iititti;:rkicik:-----:.::; .. 'y\:-l:U~i~:,2~:·. 0..,...-~-=~Ai;;m;;e;ta;:j:11i;e;n;;;n;;;itrn1g~eiit;::::----~ Cc: Yellow File ' I DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM May 8, 2009 Carrie Olson :,(5 Sonja J. Fesser }l RTC Short Plat, LUA-07-088-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: Note the land record number, LND-20-0498, in the space provided on the drawing sheet. Remove the"-A" from the end of"SHPL" (upper right hand corner of the drawing sheet). Remove the "AQUIFER PROTECTION NOTICE" block from the drawing sheet. The subject property does not fall within the boundaries of Zone I or 2 of the Protection Area. Remove the lax account numbers from the two properties to the north of the subject short plat property. Also remove the tax account numbers from the four lots to the south of the subject site. These four lots are platted -note the lot numbers and plat name in this location. The property to the east of the subject site is also platted and has a lot number. Replace the currently shown tax account number with said plat name and lot number. It is not clear that the notice of claim to severed mineral interests should be noted as a new Item No. 4, or as a part ofltem No. 3, under the "EASEMENTS NOTES" block. The title report seems to indicate that it is attached to Item No. 3. Addressing for the three lots is as follows: Lot I is 702 Monroe Ave NE, Lot 2 is 704 Monroe Ave NE and Lot 3 is 708 Monroe Ave NE. The spelling for the word "ADDRESSES" is incorrect in the title for the addressing block, as shown on the drawing sheet. There is no reference to "NE 7'" COURT" in the addresses. Include the words "KING COUNTY" in the approvals block for the Department of Assessments. \I !:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0498\R V090505-1.doc . ' May 8, 2009 Page 2 It appears that a space for the name of the official representative of the property owner is not included in the "ACKNOWLEDGMENTS" block. Review and revise as needed. Is the 15 'wide public water easement recorded or new? If already existing, note the recording number on the drawing submittal. If said easement is new, note it as ''NEW" on the drawing and provide a space for the future recording number thereof. A separate city generated utilities easement document form is needed. The applicant's surveyor is required to provide an abbreviated legal description for Page I of the document, a complete legal description for Exhibit A and a map exhibit for Exhibit B. Include complete indexing information for all three requirements. After the city approves the easement document, then said document can be recorded concurrently with the short plat submittal. If there is to be a 5' wide sidewalk easement, then note it on the drawing, and include the word "PUBLIC" on said submittal. Also, provide a space for the recording number thereof. The process of creating said easement document is the same as is noted in the previous paragraph for the water easement. Return the vicinity map to the final short plat submittal. See the attachments for circled items that need to be corrected. H:\Filc Sys\LND -I .and Subdivision & Surveying Records\LND-20 -Short Plats\0498\RV090505-l .doc\cor DATE: TO: FROM: SUBJECT: CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM April 17, 2009 Bob Mac Onie, Technical Services Sonja Fesser, Technical Services Carrie Olson, Plan Review x723 5 RTC SHORT PLAT LUA07-088-SHPL AND LEGAL REVIEW Attached is the most recent version of the above-referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Lot Closures • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: _____________ \ _________ ~ Date: ____ _ Robert T Mac Onie, Jr. Sonja Fesser Cc: Yellow File l:\PlanRoview\COLSON\Shortplats 2009\RTC SHPL Olm TS-PR Review.doc CONFIRMATION OF COMPLIANCE WITH ALL CONDITIONS OF SHORT PLAT APPROVAL For RTC Short Plat t. A revised landscaping is submitted to the City complying with this condition. 2. A five foot landscape planter strip was located on the North side of the new asphalt pavement. 3. The applicant is arranging for payment of Traffic Mitigation Fees. 4. The front yard area assigned for Lot I is located along the westerly property line of the Lot I towards Monroe Ave NE, and the front yards assigned to proposed Lots 2 and 3 are located toward the North along the south edge of the new 26' access easement and the North property line. 5. Lots I thru 3 were revised to meet the requirement of the minimum lot depth of 65. 00 feet 6. The applicant is arranging for payment of Fire Mitigation Fees. 7. Temporary Erosion control was installed during the construction phase and will be maintained through out the duration of the project. DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS ~1i::;1~ll!llfi-irfliP -, cc, Parking, Lot Coverage & Landscaping Analysis, Wireless: Applicant Agreement Statement 2 AND, Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND, Map of View Area 2AND3 Photosimulations 2 ANO, is requirement may be waive'.d by: Property Services Section ~ublic Works Plan Review Section luilding Section ievelopment Planning SecUon PRoJEcr NAME:--'('---~--'---\ c__-=-· -=S'-'Y'U'c=-t-'-'--8---'a_l-__ _ DATE: _ _,_l=o'--'YY\'--'-'-0v=~+I _____ _ I DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS 11111t1a;r .\ · Calculations 1 Construction Mitigation Description 2 AND• J1¢.ffi;t@f•ll~l1tt::~·· ... Density Worksheet 4 Legal Description , 'vlailing Labels for Property Owners • 'vlaster Application Form• ~eighborhood Detail Map 4 rhis requirement may be waived by: I. Property Services Section Public Works Plan Review Section L Building Section I. Development Planning Section PROJECT NAME: ~\ c__ s Ylo. ,~ Pl cd-- DATE: -----'(-=.0-'--V11'-'-fV'-++--=-()]:,___ __ _ DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone:425-430-7200 Fax 425-430-7231 1 . Gross area of property: 1 19 886 square feet 2. Deduction: Certain areas are excluded from density calculations. Public street** Private access easements** Critical Areas* Total excluded area: 3. Subtract Line 2 from line 1 for net area: 4. Divide lien 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density 3 388 2 3 4 5 6 3.388 square feet 16 498 square feet 0.379 acres 3 unit/lots ---~ 7.92 du/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 deducted/excluded. ** Alleys (public or private) donor have to be excluded, Project: RTC Short Plat (871-005-071) Date 13-Jul-07 Project: 871005 Wed Apr 15 12:06:04 2009 Lot Map Check --------------------------------------------------------------------------- Lot name: Lot l (gross) North: 183184.6580 East: 1308841. 3732 Line Course: N 88-49-50 W Length: 68.05 North: 183186.0468 East: 1308773.3374 Line Course: s 00-09-16 E Length: 99.53 North: 183086.5172 East: 1308773.6057 Lirie Course: s 88-52-40 E Length: 68.05 North: 183085.1844 East: 1308841.6426 Line Course: N 00-09-16 W Length: 99.47 North: 183184.6540 East: 1308841.3745 Perimeter: 335.10 Area: 6,769 sq.ft. 0.16 acres Mapcheck Closure -(Uses Error Closure: 0.0041 Error North: -0.00393 Precision 1: 81,142.44 listed courses, radii, and deltas) Course: S 18-06-14 E East: 0.00128 --------------------------------------------------------------------------- Lot name: Lot l (net) North: 183085.1847 East: 1308841.6411 Line Course: N 00-09-16 W North: 183158.6545 Line Course: N 88-49-50 W North: 183160.0433 Length: 7 3. 4 7 East: Length: 68.05 East: Line Course: S 00-09-16 E Length: 73.53 North: 183086.5136 East: Line Course: S 88-52-40 E Length: 68.05 North: 183085.1808 East: 1308841.4431 1308773.4073 1308773.6055 1308841. 6424 Perimeter: 283.10 Area: 5,001 sq.ft. 0.11 acres Mapcheck Closure -(Uses Error Closure: 0.0041 Error North: -0.00393 Precision 1: 68,550.96 listed courses, radii, and deltas) Course: S 18-06-14 E East: 0.00128 --------------------------------------------------------------------------- Lot name: Lot 2 (gross) North: 183184.6580 East: 1308841.3732 Line Course: s 00-09-16 E Length: 99.47 North: 183085.1883 East: 1308841. 6414 Line Course: s 88-52-40 E Length: 68. 08 North: 183083.8550 East: 1308909. 7083 Line Course: N 00-09-16 W Length: 99.42 North: 183183.2746 East: 1308909.4403 Line Course: N 88-49-50 w Length: 68. 08 North: 183184.6641 East: 1308841. 3745 Perimeter: 335.05 Area: 6,769 sq.ft. 0.16 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: 0.00610 Precision 1: 53,801.68 listed courses, radii, and deltas) Course: N 11-38-36 E East: 0.00126 --------------------------------------------------------------------------- Lot name: Lot 2 (net) North: 183157.2684 East: 1308909. 5104 Line Course: N 88-49-50 W North: 183158.6579 Line Course: S 00-09-16 E North: 183085.1881 Length: 68. 08 East: Length: 73. 47 East: Line Course: S 88-52-40 E Length: 68.08 North: 183083.8548 East: Line Course: N 00-09-16 W Length: 73. 42 North: 183157.2745 East: 1308841. 4445 1308841.6426 1308909. 7095 1308909. 5116 Perimeter: 283.05 Area: 5,000 sq.ft. 0.11 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: 0.00610 Precision 1: 45,451.62 listed courses, radii, and deltas) Course: N 11-38-36 E East: 0.00126 --------------------------------------------------------------------------- Lot name: lot 3 (gross) North: 183183.2683 East: 1308909.4403 Line Course: s 00-09-16 E Length: 99.42 North: 183083.8487 East: 1308909.7083 Line Course: s 88-52-40 E Length: 63. 90 North: 183082. 5972 East: 1308973.5961 Line Course: N 00-10-26 W Length: 99.36 North: 183181.9567 East: 1308973.2945 Line Course: N 88-49-50 W Length: 63. 87 North: 183183.2603 East: 1308909.4378 Perimeter: 326.55 Area: 6,348 sq.ft. 0.15 acres Mapcheck Closure -(Uses Error Closure: 0.0084 Error North: -0.00805 Precision 1: 38,707.97 listed courses, radii, and deltas) Course: S 17-18-58 W East: -0.00251 Lot name: Lot 3 (net) North: 183166. 9606 East: 1308973.3398 Line Course: N 88-49-50 W Length: 63.87 North: 183168.2642 East: 1308909. 4831 Line Course: s 00-09-16 E Length: 84.41 North: 183083.8545 East: 1308909.7106 Line Course: s 88-52-40 E Length: 63.90 North: 183082.6030 East: 1308973. 5984 Line Course: N 00-10-26 W Length: 84.36 North: 183166.9626 East: 1308973.3424 Perimeter: 296.55 Area: 5,390 sq.ft. 0.12 acres Mapcheck Closure -(Uses Error Closure: 0.0032 Error North: 0.00196 Precision 1: 92,131.06 listed courses, radii, and deltas) Course: N 52-28-19 E East: 0.00255 . UCAGO 1TI'LE INSURANCE COMPA. 0 COLtJHBll CBHTBA, 701 5ft AVB Snnt..B, lB. 9810t SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat OrderNo.: 1283444 In the matter of the short plat submitted for your approval, this Company has exantlned the records of the County Auditor and County Oerk of KING County, W ashiugton, and the records of th• Oerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following descnbed land situate in said KING County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: A & D QUALITY CONSTRUCTION CO., L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY EXCEPTIONS: SEE SCHEDULE B ATI'ACHED CHARGE: $200.00 TAX: $ 19.00 Records examined to March 31, 2009 at 8:00 A.M. OllCAGOTITUllNSURANCllCOMPANl' ~,.·/.,L~. DARYL SAVIDIS Title Officer (206) 628-5610 • .... CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULEB Order No.: 1283444 This certificate does not in.sure against Joss or damage by reason of the following exceptions: GENERALEXCBPTIONS: A 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. B. Rights or claims of parties in possession not shown by the public records. C. Encroaclunenls, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the prenases. D. Easements or claims of easementsnotshownbythepublicrecords. E. Any lien, or right to lien, for CODl:ributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for WNCI', water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, inducting easements or equitable servitndes. J. Water rights, claims, or title to water. K. nns REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE IBOUSAND DOUARS(Sl000.00). CIIlCAGO TlTI.E INSURANCE COMP ANY -CAGO TITLE INSURANCE COMPA SH0RTP1ATCERTIF1CATE SCHEDULE A (Continued) LEGAL DESCRIPTION OrderNo.: 1283444 LOT 3, BLOCK 2, STEWART' 5 HIGHLAND ACRE TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 43 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON. Cli!CAGOTITLEINSURANCECOMPANY -~CAGO TITLE INSURANCE COMP/ SHORT Pl.AT CERTIFICATE SCHEDULEB (Continued) EXCEPTIONS Order i,lo.: 1283444 P 1. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF STEWART'S HIGHLAND ACRE TRACTS. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, GRANTEE, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, PUGET SOUND ENERGY UTILITY SYSTEMS FOR GAS AND ELECTRICITY A STRIP OF LAND 10 FEET IN ~IDT!! AS CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED WITHIN SAID PREMISES SEPTEMBER 17, 2007 20070917000894 3. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY, RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORT]ONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS 'MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER, 241450 • SAID INSTRUMENT HAS BEEN MODIFIED BY INSTRUMENT RECORDED UNDER RECORDING NUMBER 4450143. A NOTICE OF CLAIM TO SEVERED MINERAL <INTS WAS RECORDED UNDER RECORDING NUMBER 20081209000690. B 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, ~INQUENT IF FIRST HALF UNPAID ON MAY l, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER l OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENAL'*ES), YEAR, TAX ACCOUNT NUMBER, LEVY CODE, ASSESSED VALUE-LAND, ASSESSED VALUE-IMPROVEMENTS, GENERAL & SPECIAL TAXES, 2009 810110-0085-06 2100 $147,000.00 $ 111,000.00 BILLED, $ 2,580.22 CHICAGO TIIU!INSURANCI! COMPANY SHORT PLAT CERTIFICATE SCHEDULEB (Continued) FXCEPl'IONS OrderNo.: 1283444 9. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON Dii'ORMATION PROV:tl)ED WITH THE APPLICATION 1lllll THE PUBLIC RECORDS AS DEF:INBD IN THE POLICY TO ISSUE. Tllli: PARTIES TO THE FORTHCOMING TRANSACTION 1111ST NOTUY THE TITLE INSURANCB COMPANY PRIOR TO CLOSING IF THE DBSCRIPTIOII DOES llli>T COl>ll!'ORM TO THEIR EXPECTATIONS. • NOTE 1: EFFECTIVE J:ANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE ll'OLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE OOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT 11111'1.IIETROltC.GOV/RECBLll:C/RBCORDS AND SELECT ONLIIIB FORKS 1lllll DOCllllENT ST11l1DARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL OESCRIPTIO!II ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 3, BL 2, STEWART'S HIGHLAND ACRE TRACTS, VOL 43 OF PLATS, PG 17. BIii) 01 SCBEDOI,B B CHICAGO 'ITil.E INSURANCE COMPANY @ CHICAGO TlTI..E lh RANCE COMPANY 701 511-JAVENUE #1700, SEATfLE, WA 98104 PHONE: (206)628-5666 FAX: . ' •.. - ... ,; IMPORT ANT: Tlus ;. not a Survey_ It is furnished as a convemence to loeate the land indicated he:recn with refcrencc to streets and other land. No liability is assumed by reason or reliance hereon. - ., .. ' '•-_, ,. ~ . . . . . .. ----· . . . . . . . . . ---·-·-·· " ___ , ____ _ ~,:::;.r in o., N N 8E-~S.-3• --=-- N.E. 8TII. ST. ,, ,. ,:.,)J , :: .. '" ~..;;.,:.. '-'' l15 0004 , __ ' ·-· ' ' ' ' ' ' ' ' "'' .,. . ' u: -. ?.; • u --· r ., (D AS __ J.--,-71r7 .. ., .· .. .-_ -.-,.;- 200 ... ·" .() 4-if .o ~ 4,:;. . " . ~ o.?~~ c· O"' ti .. .. C '• "' . " ~ • ~>P ,., is' .. 2 ,(:;; .;:, . Ol)t) 0 . , .. 3 .... ~:..; 1,:-... •. , .... CCl5 .• 7 Q M --. D n a :9S97 Sf: OOll5 D 915. . . ~ ~.~ -~::: .,·, ~ I --,-~. I I I I i ' i ~, . J~t~~~}?~~~~~~~~0Y--<>,~; ··rt~~$;,, • w • " • STEWART'S HIGHLAND TRACTS' NC'YUll8i.R, 1t46 iH£ NORT.H ii.2 oF iH£ N.wl/4 oF 71-1£ s.E-V4 or SECTION 9.. ~ 23 N. R5 t W. M 0• ~£ ~ t fflcti ~ UNI n:n -.OCSCRIPTION '· , . .•. : •• -:.1· • " .. 14 • u ,-• < 'nt1$'PtATd STtWAR'f"S)oltMl.AND .-.C.Rt: TltAGb:(:1)'11[111:0 ~INCLVOES AU.Of' "rHf aonH ~(IF1HE WOnHWUT QI.I-' .,.U, Cf""'IK[ SOU1HtAS1 QVAJ11UI' Of ~-y., KIN ._~IPHNOrTM,tMtG.IE $ ltMT.W.M-,:U.C[P, COUNTY 10.,.D,. M.l.Ol:II.IUlS AND Oll,tVIS10VS Ac'IIE AS SHOWN Olintf. F.-CE CJr 'ftlt.S PLAT. All. MON• IINOIT~ AR[ OP" C.QN(;H'Jt, UICt.f""T M OTNlawtSE OE5t =t,,IATl"O. : a ~ ... -.-.0C01iAT1~~ . ... -r ~ IC ! .. 5 • 1 .• • B I ~ =~u.m:,~~.:~g:~~-"':"Wi.~r~rut~"'kTJii.~D ;_ i :: $ :=~~=-~::1:0J.~~~=~~l:J.L.~:m~~ ; ~ it . ~ ·~~:;,~P~.A"'fTt'l> _.,, =~~.:~.'1.t.·.:~~~'="=i~~~':'iru''ff~i7~cfu."':f~ . . ,: =. . °t:,• ~ • • --"° . ~:;:cJ.':~s-=::r~T~"TtC.0'!1GJJfM.1t!A5CtlMI.C MMlltlG . :{;:rki~:-/' ., .. '·'.:-" 'f i~~~~-:crl'.~~~~:... • -·;.·:"~-~::=:: .. -... _:::z:"*•.mJP-~ ,-"JZA.1:.:t_-:-..:: .... ~,% ·-~----_;?.."-·1~/: ,. __ ,;t].~~:; ~tt~f'.'.\, .. ::(.' ... ,~(-:·1\..:'t.t~ ":~~ -~ -~0· ~ " --ACKNOWLEDGEMENT t' ~,.<?".;:,'~~-~· •.• ,t':".~ .. ~1~~e.~0-~,r~,:,-:-:s-.\'-_...,.. .stitt. orw.t.5H'1llcn"") · , --;;. ,' • t~_.t";~}(";:~'_;\·t.f-• ;,~;. "°" a,usn ~KUIG . U, ~DANI> ... P?acvl!~"ttlt.l.J.fDAYor.JIH.YK, .... o.,.i.. ~' ~~~~E:!!~ ... w..:.~:~~ ... ~lia.~~.r~~=- . · ;-, ;. :-:,-· srt•AIIT.Mrs-..11'"1!• W WC KMOWK"lOH"'TffE l'Efl$0MS WM!) D~Vffl)ltlll! FORl!GCDIG ~ ...... · :O~v,irt~';"~';.H,~L;~~~,:.~sJ~:..":°lltl~~N. -~-.J:_,~~;j~----~~~~;' -. ~•.•~-~.~:~,:-}?~{_:~~:~{.f_·'.,?:':,~;•~= MYOWOD-Mrl~;;,_:;;.;f.:;;;7 .w ... ~ -~•ao,..,.•,,,.»auJ.1--...._ t ffEl!DY<;r;n1n"lHl"<T THE.-nt1N PLAT O'STl!WA•7'3-d~NLMIO Gr.~}---..,~~ .·-;~-_.;:;~·,. S ~'l-~·.r;,:.EDe_y·~~ ·Kl~~w~~N~ =~ .. ~~.rtf!" ~!NY~~ -: -4;~,_;,·~·;-: .--~ ;J ~~:: ... /· .>·. i~rmi' . --~.~.-~.=!~..:.·t-~.>-.· ·· .. -.. J?f:~:f,y·· ~!-~'.uo· AP,aovn ~!SJ!JI ~-·OfCIMli& -~ , .. ~ .. ~ 11 ·~:;·ii.~~-· .· -,-AU.-I.O'dQl""9fJSf'Ul"1WttS-r,it;IIC-TtDWl•:tSU6ullMIN:*'1. ·. ~ ,~ ..... ~'-_..,.~/>~ ' _..;;,. .· -· . ... .. , ,.) • , ....... ~ ...... f ., ~ ~~~~ :.'-, ·. . _-f~-~~.-_c?_~.4_:t-l-t.' __ :.~ .. i.tt1:.::_:~_:?_-_.'_,_· .:," :.~.-~~,-.:_:.,_:~.11~_~,i.~.;:'.:l_.·.:~:~';';_f.~-~\.~:~.·.r_,_i,f_;_~ __ :.:. ~_-[_;, ... : __ ,~-~:_~_-" {~G;;,\"is;~;ii~::f}':'.{;f~;};l/i:=~{; :: ' .-. . -.. • :::..:.::~~ .. _,,.. . .,..~.: .......... ....;.;~ ....... ~.~ . ,, , . ·· ·-Ji"1u·.-"'.fo11Rt:COR'DA-nltc ltEQVCJT of' ffl'E.1(IHG (:(IUNff·~Gi C!OliWLSSiON ·::=.~ :=..~.~.:~T~s.::zm.~ ::'.#~ll:".stir~...::~'f.fl;· ·_:_:·;~]:: ;.: .'nlUI..Zf. ~Y.Of".'..IG-A •. D.:1Me.l«:J!l. '".NV'IU MST~..... Ill-. AN..l)ttt:COR'OtD IN ,auc:,r C.OJ1'NIU·$"1Ak£D Q:IR,t(C1L'l·oa ntE GIIOU""'1"1KILTS IM'4LIVU.'feafp:; ·;;~' ~i. :~ ·"'IGUWE-A>.d-.~-. ""-GUZ.. #f'C""aDIDF J!:IKC eo~Hf*=TO"'·:. _ ·; __ . _.,: ,_.-~;~-~*'°":'·or:ofESTA--nnD.~D:Cf","1Mf RSUl.4T1CIIII~ -·,-.'._~;,_.-.: ·.-· :•:·r\":/iJ}~~::·:··:::.;·/ -. .. · """; ·. ?'-¥ ;z;c .;tp, -P .e. ~,·.,.,:,- . -mFn , . . .!£.9P.,. • !i"_ ~- 1:'·:i/-~~:;:.'i~'tir:~.t:;;~:0/~: }:Z:>".\:·;{('r ·;i1-.\ ':''; ,. . ' ' j AFTER RECORDING MAIL TO: A & D Quality Construction, LlC 220 SW sunset Blvd, #E202 Renton, WA 98055 · 1111111111111111 20070531002731 ou, AEIUI.IC T 1111 33 .89 pilGEQI OF 882 911/ill/2N7 14:411 ' KING COUNTY , IHI , E2288291 1111/31128117 14:38 KING COUNTY, 11A TAX . Si,ffl.80 SALE $31111,019, 99 Filed ror Reccrt1 at ~at: . mtAmencan Tltle Jnsurance °""""" o ,er-Pr --5 r-R Lf-o' 20070531 002731.001 STATUTORY WARRANTY DEED File No: 4203-i031886 (BS) Date: May 30, 2007 Grantor{s): 5andjay, UC Grantee(s): A & D Quality Construction, LLC Abbreviated Legal: LOT 3, BLOCK 2. STEWART'S HIGHLAND ACRE TRACTS, VOL ,43, P. 17. AdditiOnal Legal on page: Assessor's Tax Parcel No(s): SOlllD-0085-06 llfE GRANTOR(S) Sandjay, LLC:. a washington Limited Uabirlty Company for and in consideration of Ten Oollars and other Good and Valuable Consideration, in hand paid, cornieys, and warrants to A and D Qua6ly Construction, LLC, a Washington Umited Liability Company, the following desoibed real estate, silllated in the County of King, State of Washington. LOT(S) 3, BLOCK 2. STEWARTS HIGHLAND ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 43 OF PLATS, PAGE(S} 17, RECOROS OF KING COUNTY, WASHJN6TON. . SITUATE IN lllE COUNTY OF KING, STATE OF WASHINGTON. Subject To: This conveyance is subject ID covenants, rondltlons, restrictions and easements, if any, affectiug title, which may appear in the public record, lndudlng those shown on any recoided plat or survey. Page I of2 l,PB 10-05 .• • "'\ ' ;i 20070531002731.002 APN: 801110-00SS-D6 Fie No., 4203-1031886 (BS) Date: 05/30/21J07 Sandjay, LLC, a Washington Limited Liability Company STATE OF Washinglxln ) )-ss COUNTY OF King ) I certify that I know or have satisfactory evidence that~stewart,flare the perso• n(s) who appeared ba~'<1e , and~-rson(s) acknowledged she{they~gned this instiument, on oath stated she/ · are authorized to execute Instrument and acknowledged it as the Member of ndjay, to be the free and voluntary act of such party(ies) for the uses and purposes mentioned In this Instrument. Dared: M ~ it I hx[) ~-ufb-.. •. ~ne Regaia Sudderth • ry Public in and for the Slate of Washington Residing at: Sultan My appointment expires: 1-22-2011 8RlEANNE RE~ SUOOER'lli ' STATE OF WASHINGroN NOTARY PUBLIC MY COMMISSION EXPIRES 01-22-11 Page 2of2 lP810-05 20070917000894.001 Ill.HI PUGET SOUND EN EAII 4i • et PAGElllli OF H2 N)l7/Zff7 U :3& KPIG CCIIITY, 11A . EASnEMT ORIGINAL REFERENCE#; GRAlffllRc A& D Qmllr-U.C GAANTI!E PUGET SOUIII) 1!11ERGY. INC. SflORTl.mAL: PlnaofLot3,Bledc2. ____ Vol41,-).17KC,WA ASS5SSOR'8 PROPER.I J TAX PARCEl.: 88111o-oDIS A&P 9"8a r '*'1 µc ("Grartof9 tw)..bQtry eorn,,s.andwararts to PUGET S0utl) ENERGY, INC., a 'lllaslli ,s,'°'1 Corparaion ~-~ ...... --... -·--------~ ......_....,_ ... 1o1 __ ...i_.,.ri--v,-;i11...,caony.wao1-. l01jBj3, BLOCK 2, ........,., .........., ...,.. ....,.., ..,.__ 1011£ PLAT 1HERBF 1ECORbll) • YOUIIIE 43 OF PLA'1$. PW(a) 171 JECORDS OF Q«Ji COUN"rr, WASlas:roN. Sfflall. N llll! COINIT OFKIIB, STAte C:.:WASHIG1tltl. -.. .,,.,. ,,.;;.,.__ ........ _ -oghlo .... be --""' -ofllle-("Eaumonthv/' '-'>~ aillblla: . . .. . . . : : Ar1i Easeinent AIIB8 111n flO} teat ii\ _... hnlng ftve t5) t,.et (I{ ltiln width en oadl aide of a cerNDnc dea:lhd'.a --TIE CEN'IDlllll! Of ·GiRUIE£'& .FACl.n'ES AS INM' ~ 10 BE ~ liXJBICED ca IEI..Ol::MED L\'118 'MJtlN lHE A!D.11! t&i RIBED ........ 1. -___ ._..,..,........., ____ ..,..,.,_""""' enlalge. ~ ... ~ easement a,ea b-mt. ,;r more lltllly t:)'Slaffll b J)Q'postS of~. dlsbilubn and sale-of UM and elec:ai:ily. SUdl ..,._. mayn::tme., b.tare not~~ · -... .. -.-.--.------trll'l: ......... -. ___ ... t, I ,wb __ _ cable -and dl'liar ines, cables ..t ---fer cctlfflllCIIOrl ~ OI ~ . ..._ m:t pads. n'lalholel., melEn. ~. abl:t MO -.t _,, IIACI :II Cllbar tacllles or awu,teieiU1$ ntc:Wmy«Cffl"INl8lfl ID_,. or atot .. b.-o, . . FoloMlg 1111 riBaJ const.bdim d .. or ,11 parlialll olb ...... Graiae ._,, fllorA .. 11:1.tlma. CllDl5t:ICt suet, ddllbal faclliesas itma,,.....hltll'h sy,alemf. ..__ hllve'lhenr,hlafaa:en to ht C8Salirt AIN CMtl" and w lie PfOPElrlJ ,o MIi* GrantM b e>ardM Is l'l8tlb hanunliler.. Gl:ellle& ehall nnwwt, _1cr..,._ .. ,.,._ ..... ., ... _.,_lfghtof_.,,__ . ~ eas-.tArea Owli,g and ....... ~ Ga1lee lhai hllll9 ibe -IO cut. R1a1DVe aid dlllp)ile, ct any n e1 bMh. fNes •""-~ii h? Easmnelw.Alea. GrllnlD8 tlml lllohbeh! dgl't ta, mirOI. an ;i ~W"9andllyan,IJfUlledand!IWNlllle. tneanl, 118e.1 ti TNDiiil U s,wlll"brueh, treaarohr _ ..... -........_ . 3. ~ ~ of Easerna Anta. Gnnor" ~ the l'lghl ., --bt Ei1llemerd: ,... fof enJ .,.....no1, ... -w111 ... 0fjlllo----· -................... _ ll'1f bullclngs,, llrudlns or other ~ ori lhe Eaemant An,,, and Grlll'IIDr .,... de no Nesing wlhil 300 feel:d Granw:n ..... willouf. Granlen JIID'Wlllen COJ1MIJt. .. -....,. __ .. _...., ____ .. _,_'*_""· l'8l$Ul a/Qllllrea neglluence ID lbe .-cae dllll rights '*9n granled to Gr8Nae. till l'IOO*'g.hereln .tlali .... _ .. __ ....... _".,,. ..... ___ ..... _.,_ ...... n,glgo,>co of ...... s.·•• n • l'ha""*'hesalgr.riedsa..ro.,r1'iaEd~·1a1eatGlll*e·t::eases·tD~dle --"'·-"'·11woo_,....,., .. ~1=~...., .. ..,. A&oQaolly-.u.c ,..,.: ""'1'1111 111:UUIRB) 10lCS11181 I....,,. . '"''II Co, Aeconi. N.~ ........ a,f 7~~ , . ·-- 6. ~ and Assigns.. Gmnlee shall haw lbec flgtlll to l!SlijJI, ~ or~ 11:ansfer a,y or all al ill l"p1ls. tletefils. ~ ilWXf interesb ansng m anc1 t.mer lhis ~ Wlholi IIRffng :the ge,,ef'aliiy (lf._ foregolag, bt rights and~ d fie~ 9hall inw& b he benefil d and be blnilng lfP(ln 1hdr l28pe(We .............. ...,... and~ 01,neo,,..&d ,.,., $~p-r~BE71!.,, A&O(kJallJCol• :Q .. u.c BY: Q_"'-~'.::::.. Q.._.......-,p _) !IS:_~vf~----- A&D~~U.C. 1070316St IOEJ!i11t Page2d2 20070917000894.002 -_ .. _- i""'· '"" -CWl!.tki.P&.;. ;;., ;.;,;:..s,;:: ~·· '. .;·. ~=·'""=·f,-~·.:. ( ... Ji.;~\·.~~./·:·:· .:.,;;-· .. ~:-·,. ; .. ~., .J· .. ~-~· '. .. ~ ...... .-.~r:.: . '\\:.; :.:.--. ·:.;;._; *~¥~zr=~j~~fi:.:i==~!ii,~t:~i-11&kf.*e • ==w....:.....:rn....,_:x;:, ; C z;. 44:,;.;: ·. .· .. ·. ··.-:: .. . -~~--~-< . ·,.. • . .... . :c-· .... - ____ _, ,,,.::: .-.;_·· -_.,;a.,,··· ···:_;<.-. ·->-·: ,. ~-~:-:i.;~<~~~. !~-~=-~-{ ~~:~~-~--:;~~;~~~~~: .:.-~ :-:-: ,.·:·. ... _).,_ ) :.;;._.~ cn-=-a_,zs _;;c.3 __ • ... ..,_, =-,_,, __ 20081209000690.001 JFILED for Record at Rt(iuest of NameC.-co I'\.'.\ t,es Co • Address fa Bt: ]spo City&.&,v\tl:c ,9F Jll«>S:- 1 ;-c,o 111111111 11111 2008120 000 90 ~S<:lfOF 0341 IIC 71.ee 12/1191288e IZ:IS KING COUNTY, WA NOTICE OF CLAIM TO SEVERED MINERAL INTERESTS This Statement of Claim is being made for the purpose of preserving mineral interest indicated on Exhibtt A, attached hereto and made a part hereof, in the lands descn'bed on Exhibit A, located in King County, Washington of the undersigned owner, GLACIER PARK COMPANY, a Delaware Partnership, and a wholly owned subsidiary of ConocoPhillips whose address Is P.O. Box 7500, Bartlesville, O\<lahoma 74005-7500 EXECUTED this 8th day of October, 2008 ,. .. ··; . ·. GLACIER PARK COMPANY ..• < BY:~?&:~ Attorney-in-Fact ~ 20081209000690.002 STATE OF OKLAHOMA ) ) ss. COUNTY OF OSAGE ) Before me, the undersigned, a Notary Pubfic, within and for said County and Slate, on this the 8th day of October 2008, personally appeared Cindy D. Blevins, as Attorney-in-Fact for Glacler Park Company, ID me personally known to be the identical person who executed 1he Vlithil and foregoing instrument and acknowledged to me that she executed the same as her free and volunla!y act and deed for the uses and purposed therein set forth. IN WITNESS WHEREOF, I have hereun!o set my hand and official seal the day and year last above written. , .... ------- : ~ TERRIL SlllE ' ' ' . ""'-Notoy Pubic ! \ .. t SIBtecfOklahoma : Commfsslon, .OO.J.19102 Expires 11125/08 My Convnission Expires: 11/25/2008 ~x:&~ Terri L Bute Notary Pubric .... ci i ig g ~ ~ Exhibit A I Attached to and mado a part ofthot cortaJn s1atomam of ciorm lo r,,rn•ral lntomt datGd November 21, 2008 for King Cou~, WA FIie #-Suffix Dared Grantora Boo~ ,.~9! .. T .... R_ .... .!I~~--.. __ Q~ ....... ~0911 DoocrlpUon Interest 'M:i76is0 >· Cioo . 12'111'983 BURLINGTON NORTHERN. ET AL . . . . eoi5r<7PAGE 22 N 11 E 17 R/W ACROSS W2NW4, 1.00000000 D<lC,~4072~712 S2N2(1U9•C<M) ·· M276S1 000 6/28/1·eaa·. iiuRL1NOTON "NORTH!Rii~' er·n .. BOOKIPAOE 8806.280227 22 N 11 E 17 PARTS OF S2SW4, 1.00000000 N2"4W4, NW4Nla4 (M1 acm) M27863 000 1211/1983 BVRtlNGTON NORTHERN· E'I" AL BOOK/PAGE 23 N 4 5 13 N2NW 1.00000000 DOC.'11407260712 M27656 000 12/111983 BVRLINGTON NORTHERN· ET AL BOOK/PAGE 23 N S 5 1 ,WSWSWS', 1.00000000 ( DOC.'1l407W712 M27657 000 1211/188:3 BURLINGTON NORTHe.RN • l!T AL B00J(j'PA0E 23 N 5 E 3 Nl!NE 1.00000000 OOC.#6407250712 M278&7 000 1211/1983 BURLINGTOH NORTHER.N • ET AL BOOK/PAGE 23 N 5 E 3 NESE 1,00000000 DCC.#84072e0712 M27657 000 121111983 SVRLINGTON NORTHERN· ET AL BOOK/PAGE DOC.#8407250712 23 N 6 E 3 NWNW 1.00000000 M27657 000 12/1/1983 aURLINGTON NORTHERN• BT AL B001</PAG6 23 N 6 e • SENE 1.00000000 OOC.#8407200712 M27657 000 12/1/198:3 8URUNGTON NORTHER.N. ET AL B00}(1PAQE 23 N 6 E 3 Sl!SE 1.00000000 DOC,118407260712 M27657 000 12/1/1883 BV•LINOTON NORTHERN• !TAL BOOK/PAGE 23 N 6 ~ 3 W2SW 1.00000000 DOC.#8407250712 M27868 000 12/1/1989, BURI.INQTON NORTHS.RN. 6.T AL BOOK/PAGE 23 N 6 e 7 swsw 1,00000000 OOC-7200712 0~ M27609 000 12/1/196:1 BURLINGTON: NORTHl!RN -!T AL BOOKIPAOE 23 N 6 E 1.00000000 DOC.#8407;160712 M27869 000 .12/1/1983 BIJRLINGTON NOftTHII\N-IT AL BOOK/PAGE 23 N O E 8 E 1.00000000 DOC.#8407260712 M27680 000 12/1/1883 BURLINGTON NORTHERN , ET AL BOOK/PAGE 23 N 6 E 11 ALL 1.00000000 DOC,'8407260712 1·~·· M276~1 000 6/28/1988 BURLINGTON NORTHERN• ET ,._l BOOK/PAGE 8808.280227 · 23 N 6 E 21 NENW 1.00000000 i AKA Lot 8 (S.G.96 acrH) M27881 000 6126/1986 BURUNG!Olf. NOA.THEIW -ET AL. BOOK/PAGE 880"-280227 23 N fli. S: 21 NWNE AKA ~ot 4 _(26,8 aotea) 1.00000000 M27661 000 6126/1888 BURLINGTON NORTHERN• ET AL BOOK/PAGE 8808280227 23. N 5 E 21 -1.00000000 ·M27861 000 5126/1888 BURLINGTON NO~THERN • ETAL BOOK/PAGE 8808.280227 23N6i 21 S2NW 1.00000000 M27661 000 5/2611988 BURL\NQTON NORTHERN • tT AL BOOK/PAGE 8808280227 23 N 5 E 21 SW 1.00000000 M:27561 000 5126/1.888 BURLINGTON NORTHERN• ET AL BOOK/PAGE 8808280227 23 N 6 E 21 SWNE 1.00000000 M27881 000 6/28/1988 BURLINGTON NOR.THERtf, ET AL 13.00l</PAGE 8806280227 23 N 5 E 21 W2SE4, LESS 1 O.ts4 ACS 1.00000000 SOLD, LESS 8.09 ACS CONOEMNl:D BY CITY OF SEAmE (63.3? acRls) M27662 000 12/1/1983 BURLINGTON NORTHERN -li.T AL BOOK/PAGE 23 N ~ E 2li S2SE 1,00000000 DOC.#8407280712 Pag• 15 of 28: ,<SY 0 CITY 'lF RENTON (!~!I!,~ + ~ --+ City Clerk ~ -2: Denis Law, Mayor Bonnie I. Walton ~Ni-fo~-----------------....... ------- June I 0, 2008 James Voght 716 Monroe Ave. NE Renton, WA 98056 Re: RTC Short Plat; SHP-07-088 630 Monroe Ave. NE Dear Mr. Voght: At the regular Council meeting ofJune 9, 2008,'the Renton City.Council adopted the recorhtnendation ofthe Planning and.Deyelopment Committee to dismiss the appeal, having previously approvedthe release of the King County restrictive covenant by its __ - action oh April 21, 2008, A copy of the approved Committee report is enclosed. For additional information or assistance, contact City Clerk Bonnie Walton. Sincerely, ~~ Michele Neuivann Deputy City Clerk Enclosure cc: ~-1vLiyor_Deiiis LaW · Council Pre$i'dent Marcie Palmer · Neil. Watts, Devel_opment Services Dire_ctor Parties of Record (2) -,-o5_5_S_o-ut,,..h -,-G-ra-dy-W7 ·--ay~· -:-R-e-nt-on-,-W-a-sh-in_gt_o_n_9_8_05_7 ___ ( 4-2-5)-_ 4-3-0--65_1,._;0_/ _f AX---( 4-2.:...5)-4-30---(>5-1~6 ~ . Ci) rhis Pape~ contains 50"1\, recyc;1ec1 material;;% pastCOnsumer AHEAD. OF. THE CURVE .. PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT APPROVED BY CITY COUNCIL Date &/q/Jeog I . ... ·. . June 9, 2008 · . RTC SHORTPLAT APPEAL File LUA 07-088, SHPL-A (Referred March 17, 2008) . .The Planning and Development Committee (''Committee") heard· this appeal on.June 5, 2008. Putsuant to RMC 4°8-l !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. The subject property is located on 630 Monroe Avenue, NE, Renton, WA, consisting of a three-lo! subdivision in the R-8 zone .. The sh6rfplatpr6posal called for lots I and 2 to be 6,769 sq. ft(gross) and lot 3 to p,i {3,f8 scfft. This plalw;is encumbered. with a King County restrictive covenant, ;rVhiyh1 cal~ed fgr;<}, minimum Jciks,jze requirement of 6,000 sq ft. The applicable city codr1pf0Vllj~Ontequires 5QbO,sq .. ,ff'ne/ d@nsity. The hearing concerned the dispute ov~t'theil}terpretation of this COV'\nl'lnt as'to whether the 6000 sq. ft. minimum Jot size req~re!T!ertfwa$ qnet;(l\f:i;~;ey!z1~oss\iensityi: On February 18, 2008, the Hearing Examiner i~ued his' dedsibrt1/i;ffi~ing\l,')e deeision of the Administrative Director to interpret the)bov~na~uw\t~j~~\tPlblq. ft gros$; Appellant Voght appealed this' decision. '. · ; · . \\1 /{ ·. . . · ,.,,;,r.· . · ·\ ·,.~~ ¥.y;-" t:r::J '\\\,~~\.~--,, : ~ _ _ OnApril 21, 2008, the REl!J,to111Ci.iKCouncil apptovedtll~,11'\}kasfofthis restrictive covenant. This. action effefiijv!rlY\\,ri!le.i;~ any apBlicatiorts~on1dning this covenant will be processed without therestricil: 'n-~nta:in~ ineii1~; hlw so1~#based 011 the existing . zoning and development criten ·th&t/pall!icli14parcek> · . . ·---~·~1t~~:~~~~ye~;;f-;-,· ... 'Orr April 24, 2008, Chair KirrgParkersentalettertoAppellantVoght explaining that . based .on .this recent action by the City Council regarding the covenant, the basis .of his appeal was effectively rrtoot. Accordingly, Chair Patker advised that he was inclined to cancel.the appeal hearing unless Appellant could articulate a basis to still hold the hearing. · AppeHa11t did nofwi,sh to ~cquiesce and th,erefore, the hearing was opened on the scheduled d~te. On the <late of the hearing,Appellant presented his case. Having considered the comments made by Appellant, and taken into consideration the files therein and actions taken regatdirrg this covenartt, this Committee makes the following recommerr.datiorrs to the City Council: . RTC Appeal June 9, 2008 Page 2 That th.e City Council find that having previously approved to release this King County restrictive covenant by its action of April 2 J, 2008, this. appeal of RTC Short Plat, LUA 07-088, SHPL,A is renderedmoot, and therefore, Appellant's appeal should be dismissed·· /.,// KING PARKER, Chair cc: Alex Pietsch Neil Watts Fred k'ttQ}J't1an Jt,11ni (fr 1-ie!/\rllnJ ~. IHttilMl/ .. ' Dan Touma Touma Engineers PARTIES OF RECORD RTC SHORT PLAT LUA07-088, SHPL-A Keith Demps James Voght A&D Quality Construction 6632 S 191st Place ste: #E-102 Kent, WA 98032 202 SW Sunset Blvd ste: #E-202 Renton, WA 98057 716 Monroe Avenue S Renton, WA 98056 tel: ( 425) 255-2528 tel: (425) 251-0665 eml: mhtouma@aol.com (contact) Updated: 10/23/07 tel: (425) 271-7751 ( owner / applicant) eml: jamesvoght@msn.com (party of record) (Page 1 ofl) June 9, 2008 Monday, 7 p.m. CALL TO ORDER ROLL CALL OF COUNCJLMEMBERS CITY STAFF IN ATTENDANCE APPEALS Committee of the Whole Appeal: Monopole Conditional Use Permit, T-Mobile, CU-07- 065 Planning & Development Committee Appeal: RTC Short Plat, Voght, SHP-07-088 RENTON CITY COUNCIL Regular Meeting MINUTES Council Chambers Renton City Hall Mayor Denis Law called the meeting of the Renton City Council to order and invited Evan Bradley with Boy Scout Troop 725 to lead the Pledge of Allegiance to the flag. Haydon Truitt introduced the troop and thanked Council for the opportunity to attend the meeting. MARCIE PALMER, Council President; DON PERSSON; KING PARKER; TERRI BRIERE; RICH ZWICKER; GREG TAYLOR; RANDY CORMAN. DENIS LAW, Mayor; JAY COVINGTON, Chief Administrative Officer; MARK BARBER, Assistant City Attorney; MICHELE NEUMANN, Deputy City Clerk; GREGG ZIMMERMAN, Public Works Administrator; ALEX PIETSCH, Community and Economic Development Administrator; PREETI SHRIDHAR, Communications Director; PETER HAHN, Deputy Public Works Administrator -Transportation; DEPUTY CHIEF ROBERT VAN HORNE, Fire Department; DEPUTY CHIEF TIM TROXEL, Police Department. Council President Palmer presented a Committee of the Whole report regarding the T-Mobile Monopole Conditional Use Permit appeal. The appeal was referred to the Committee of the Whole to detennine the issue of jurisdiction to hear this appeal, and, if necessary, the substantive issues of the appeal. Subsequently, T-Mobile filed a brief raising the issue of the applicability of Section 253 of the Teleconununications Act to this application and appeal. The Committee of the Whole recommended that the City Council take the following action: I. Find that the Council does not have the authority to consider alleged violations of Section 253 of the Telecommunications Act as the Council's jurisdiction is derived from an appeal from the Hearing Examiner and neither the Hearing Examiner nor the City Council has the authority to consider the validity of provisions of the City Code under the Telecommunications Act. 2. Deny the City's motion to dismiss this appeal for lack of jurisdiction. The Committee feels that the issue of jurisdiction should have been raised earlier, before the Hearing Examiner, and in the interest of fairness to T- Mobile, the Council should hear and rule upon the merits of this appeal. 3. Affirm the decision of the Hearing Examiner as the appellant T-Mobile has failed to meet its burden to establish that the Hearing Examiner's decision was based upon a substantive error of fact or law. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL REMOVE THE T-MOBILE CONDITIONAL USE PERMIT APPEAL REFERRAL FROM THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. / Planning and Development Committee Chair Parker presented a report regarding the R TC Short Plat Appeal. The Committee heard the matter on 6/5/2008. Pursuant to City Code 4-8-1 !OF, the Committee's decision and . recommendation is limited to the record, which consists of, but is not limited to June 9, 2008 Renton City Council Minutes Page 189 ~-----------------'------------------------''----- Planning & Development Committee Appeal: Blueberry Haven Short Plat, Gordley, SHP-07- 131 the Hearing Examiner's report, the notice of appeal, and the submissions by the paities. The subject property is located on 630 Monroe Ave. NE consisting of a three- lot subdivision in the R-8 zone. The short plat proposal called for Lots I and 2 to be 6,769 square feet (gross) and Lot 3 to be 6,348 square feet. This plat was encumbered with a King County restrictive covenant, which called for a minimum lot size requirement of 6,000 square feet. The applicable City Code provision requires 5,000 square feet net density. The hearing concerned the dispute over the interpretation of this covenant as to whether the 6,000 square feet minimum lot size requirement was one of net or gross density. On 2/18/2008 the Hearing Examiner issued his decision affirming the decision of the Administrative Director to interpret the covenant as requiring 6,000 square feet gross. Appellant Voght appealed this decision. On 4/2 l /2008, the Renton City Council approved the release of this restrictive covenant. This action effectively renders any application containing this covenant will be processed without the restriction contained therein, and solely based on the existing zoning and development criteria for that particular parcel. On 4/24/2008, Chair Parker sent a letter to appellant Voght explaining that based on this recent action by the City Council regarding the covenant, the basis of his appeal was effectively moot. Accordingly, Chair Parker advised that he was inclined to cancel the appeal hearing unless the appellant could articulate a basis to still hold the hearing. The appellant did not wish to acquiesce and therefore, the hearing was opened on the scheduled date. On the date of the hearing, the appellant presented his case. Having considered the comments made by the appellant, and taken into consideration the files therein and actions taken regarding this covenant, this Committee made the following recommendations to the City Council: That the City Council finds that having previously approved to release this King County restrictive covenant by its action of 4/21/2008, this appeal of RTC Short Plat is rendered moot, and therefore, the appellant's appeal should be dismissed. MOVED BY PARKER, SECONDED BY ZWICKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ' Planning and Development Committee Chair Parker presented a report regarding the Blueberry Haven Short Plat appeal. The Committee heard the matter on 6/5/2008. Pursuant to City Code 4-8-1 IOF, 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. The subject property is located in the upper Kennydale neighborhood at 2010 Jones Ave. NE, and consists of a 37,714 square foot (.86 acre) lot located between Jones Ave. NE and NE 20th St. The property along NE 20th St. is located across from the Blueberry Farm. City staff approved applicant Richard and Lauralee Gordley's short plat request to subdivide this parcel into two lots, with Lot A proposed at 17,930 square feet and Lot B proposed at 19,784 square feet. As part of their application, the Gordley's submitted a Critical Areas Study, which identified a 9,601 square foot Category 3 wetland on the site. Although there is also a "stream" on the site, the City waived a supplemental stream study because there had been several prior studies in the surrounding areas that satisfied the City as to its Class 4 designation. Based on these studies, PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT June 9, 2008 RTC SHORT PLAT APPEAL File LUA 07-088, SHPL-A (Referred March 17, 2008) APPROVED BY CITY COUNCIL Date ~/q/JooB The Planning and Development Committee ("Committee") heard this appeal on June 5, 2008. Pursuant to RMC 4-8-l lOF, 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. The subject property is located on 630 Monroe Avenue, NE, Renton, WA, consisting of a three-lot subdivision in the R-8 zone. The short plat proposal called for lots I and 2 to be 6,769 sq. ft (gross) and lot 3 to be 6,348 sq. ft. This plat was encumbered with a King County restrictive covenant, which caUed for a minimum lot size requirement of 6,000 sq ft. The applicable city code provision requires 5000 sq. ft net density. The hearing concerned the dispute over the interpretation of this covenant as to whether the 6000 sq. ft. minimum lot size requirement was one of net or gross density. On February 18, 2008, the Hearing Examiner issued his decision affirming the decision of the Administrative . Director to interpret the covenant as requiring 6000 sq. ft gross. Appellant Voght appealed this decision. On April 21, 2008, the Renton City. Council approved the release of this restrictive covenant. This action effectively renders any application containing this covenant will be processed without the restriction contained therein, and solely based on the existing zoning and development criteria for that particular parcel. On April 24, 2008, Chair King Parker sent a letter to Appellant Voght explaining that based on this recent action by the City Council regarding the covenant, the basis of his appeal was effectively moot. Accordingly, Chair Parker advised that he was inclined to cancel the appeal hearing unless Appellant could articulate a basis to still hold the hearing. Appellant did not wish to acquiesce and therefore, the hearing was opened on the scheduled date. On the date of the hearing, Appellant presented his case. Having considered the comments made by Appellant, and taken into consideration the files therein and actions taken regarding this covenant, this Committee makes the following recommendations to the City Council: RTC Appeal June 9, 2008 Page 2 That the City Council find that having previously approved to release this King County restrictive covenant by its action of April 21, 2008, this appeal of RTC Short Plat, LUA 07-088, SHPL-A is rendered moot, and therefore, Appellant's appeal should be dismissed KING PARKER, Chair · AYLOR, Member cc: Alex Pietsch Neil Watts w, d kt,t u f J\'1(1 VJ Jwnift, ~1119 w;,, I\,~ • ,i:~r:-::~·: "\'J'::: ·:-:-"" "/'.--·/ Denis Law, Mayor Renton City Council '•.'..,:~·'':·y:=\/:;\,,..::_,,,.v_,.-"~"0t"'-""..~o,;,,,.....c,e::e:,~=-,,,,.,,,oLJb,"l;'.J<_,"""""-'"''-~"""~"'-'-""-~"'~-="""-"'""""~"""""-"'-'"'_;;,."'~"'""'"'o,=-;."'*=,"-""-"=·=·=·="-=.c.-:"~''·'•"'',: -=~·- April 24, 2008 Mr. James Voght 716 Monroe Avenue, NE Renton, WA 98056 Re: RTC Short Plat, LUA 07-088, SHPL-A Dear Mr. Voght: I am the Chair of the City Council's Planning and Development Committee ("Committee"), which is the responsible body for hearing appeals from the Hearing Examiner's decision. My understanding is that you have appealed the Hearing Examiner's decision regarding RTC Short Plat, LUA 07-088, SHPL-A. That appeal is currently scheduled to be heard before the Committee on Thursday, June 5, 2008. Since the Committee has yet to hear the appeal, your specific allegations of error have not been fully presented. However, based on your appeal submission, the Committee can ascertain that the covenant set forth below, is a primary issue of the appeal; No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, where the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots of this plat are restricted to S-2 Suburban use. On April 21, 2008, the Renton City Council approved the release of this restrictive covenant. A copy of this action is attached for your information. This now means that the City of Renton has made a policy decision to disregard this covenant. In practical terms, any applications which contain this covenant will be processed without the restrictions contained therein, and simply based on the existing zoning and development criteria for that particular parcel. (For instance, in the RTC plat, without the restrictive covenant governing the minimum lot size, that plat would be processed according to the existing City development regulation of 5000 sq. feet net as a minimum lot size requirement for an R-8 zone.) To that end, I am sending you this notice to inform you that based on this recent action by the City Council regarding this covenant, your appeal issue is now moot. Since the covenant -. --·----~·--=-=-..... """ ,, --·· 1055 Sout~Grady Way-Renton,;~~ington 98057 -(425) 430-6~01 -----F" E N 'T () l~~ ;_ '.' r: 'I ,·, 1· Td i'. Ci. ,l\ '- Voght/RTC Short Plat April 24, 2008 Page 2 will be disregarded, any allegation of error regarding the application, interpretation or enforcement of this covenant is irrelevant. Therefore, my inclination is to cancel the June 5, 2008 hearing. If you believe that there are other outstanding issues which necessitate holding the June 5, 2008 hearing, please feel free to contact me or you may also call Asst. City Attorney Ann Nielsen at ( 425) 255-8678 to discuss, and she will advise the Committee accordingly . . --··· ---~- King Parker Chair, Planning & Development Committee cc: Members of the City Council Mayor Denis Law Jay Covington Alex Pietsch Neil Watts Larry Warren .. PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT . April 21, 2008 Release of Restrictive Covenants for 6,000 Square Foot Lots (Referred Aoril 14, 2008) ./[','.'")~~·r~)'~}C,'!) fJ'"J C: ~--/ G·SU;·J~E! .. · Date 4-~I-')..()Of'· The Planning and Development Committee reconu11ends concurrence in the staff recommendation to approve ti).e rele&Se of the restrictive covenants placed by King County ori older plats restricting lot size and width to standards difft:rent than current City zoning standards fot the property. The. Committee finds that: the requiremenJs for :ipprovirig a release of these restrictions are met The change in comprehensive.plan designation'andzoning ofthe properties constitutes. a change in circumstance. ·_ The J<;strictiops are riow uridt;~irablll _ as they prevent properties from being developed to the stand;u:ds anticipated imder: l!PJ>j-Ove.d existing zoning l!fid development · .standards. The application9ftheseu,utdated restrictions.are also-found to b.e duly burdensome • to the property owners as Jhey_,aJ"~piereby (l~e¥~!1llll/ from exercis\.µg. the same property rights as owners of similarly zoned pri:iperti\iSi · · · · · The Committee further recbmmerid.i; t1rtfCoi1ridl direct stiiff •to ignore these outdated restrictions..,._ C 0J.-• - Greg ~or, Member cc: Alex Pietsdi, CED Adminislrator. Neil Watts, Development:Bervices D_irector Larry WarreIJ, City Attorney JenhiferH~nriing, Current Planning Malll!ger Fred Ka,,,fmt/.n, /le4.rill:1 Ex,:u>1//1c:r H:/Division.s/Develop.ser/Adminfrempo.rary .Doc~/Lot Si.ZCJi -Comm Report.doc ,. " CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON ~lQnl Pl PIE 91H Pl HE Sil, f'\. D ·~" SITt~ .,,.-, -PIE 7TH pt • ~PL • !! • I • I ! Plf 6™ ST I i ( NE nil STIIEET I/ SHORT PLAT DATA lOTAL SHORT Pt.AT .a.REA 18,IS!l6 •q. ft NUMB(/1 OF LOTS PROPOSm -3 ZONE • R-8 SMAU LOT AREA • 6,366 sq.fL DENSITY • 7,92 OU/ACRE PROPOSED SOIJARE: FOOTAGE OF NE LOTS • ~ ' • 1 -6,368 lq.tt GROSS --4-,704 1q.ft. NET 2 -6,562 sq.ft CROSS -<4.,643 sq.ft. NET J -13,956 Sq.It PRIVATE 26' EASEMENT -3,380 sq.ft OWNER A &; D QUALITY CONSTRICTION CO • LLC 202 SW SUNSET Bl\tl, SUITE E 202 RENTON, WASl-11/IIGTOU 96057 ·425-271-7751 ENGINEER / SURVEYOR TOI.JI.IA ENGINEERS k LANO SURVEYORS 6632 S 191st Pt.ACE SUITE E -102 KOH, WASHINGTON 98032 (+25) 251-0585 C/R MON 1721 FOUND MON IN CAst (7/07) "· I)-' """ ~1-'°' r F; .. """'°' . 't Q"'.) ?,'P ~~J ~tJ i -.....__ ,;, ,o, • '°' -----FOUND CONC MON IN c.o.st (07/07) Noo·o9'1a·w 50.00 PW-- Lu~ 7--o Sff' RECORDING NO. ~-~ VOL/PAGE I r l w z ~ "' 553·50'4J"E 1316.67' (P) ~ ~ -____ 2.se·50·2rE _!31a.1J' (1.1) _ NE 7th STREET . _, I "'""' co,c "'"'" ct) J /IO 60 8" S CASE (07 /07) l:> I I I !~ s~: JSs.o2 ,II'"' " -,,,.,,·-n 1r 1 I 'Ii, EX C6 RIIJ EL .. 384. 29 INV EL~ 381.19'-12"W FOUND 1/2" REBAR & CAP LS#10219 O.l5'N I (7/0J) FOUND 1/2" REBAR & . CITY or RENTON SF',ll._~A9B-032SH?L CAP LS# 10219 0.JO'N X 0.10 W (7/07) §_'4..0 ,,, I I C"c,"'fl ,,n._,Bc ,c,- ~f,~ ~;?,'t' .. c\,..~ o,-io ,.,-ocC" I .,,e.r:P" t;\,I" "!:-,fl o\\~ ..,,....f>"\~:V SCALE: --i l lll~h -31) tL PORTION OF ·1-m- NW 1/4 OF SE 1/4 OF SEC 9, ThN. 23 N., RG, 5 E., W.M. LUA-XX-XXX SURVEY NOTES LND-xx-xxxx INSTRUMENT: TOPCON GPT 3QOOW TOTAL STATION METHOD USE:D: FlELO raAVERSE WITH ACTUAL FIELD UEASliREMENTS ANO ANGLES WAC 332-130--0SO OATE or SURVEY; JULY 2007 8A$1S or BEARING: MONROE AVE NE (S 8lf05'S7"E} BEND0,IARI(: CITY RENTON MON #721 TOP 1/2" PIN IN CONCRETE" IN C,O,SE INTERSECTION OF MONROE "VE NE NE 7th PLACE ELEVATION -361.(,o' (116.312m) NAY[) 1968 LEGEND !OJ C9 (m>E 1) @ S'IWH (nPE 11) ® SANITARY SE""ER t.4fi " WATER YALVE SI WATER I.IETER/S(RVICE: '<> FIRE HYDRANT .c,. UTILITY POLE E-GUY WIRE :0: LIGHT POi.E lllEPHONE CABINET SGN O OEaDuous 1REE c::i MAIL BOX + PK NAIL e MON IN CASE/ o EX REBAR / PIPE AS NOTID • SH 1 /2" REBAR & CAP l.S,J3!1992 @ CONIFER li!.EE TO BE REMOVED @oECIDUOUS TREE TO BE REMOVED LEGAL DESCRIPTION 1:;\\C ~,ci..\e,r:fY' LOT. 3, BLOC!( 2, STEWARTS HWHLAND ACRES TRACl'S. ACCORDING TO lHE f>LAT THEREOF RECDs;:OED IN VOLUME 4J OF PLATS, F'Al,E 17, /:!:[CORDS or KING COUNTY, WASHINGTON '~I I I I n= I I ,,.. ~E_7~CE 00·09'16 "w 1836.98' (I.() ~· ~ -IE I >ERT 1'r1 ' / ~ "":;.{;'' ~ I' • I l:r 9 J., x..... §I~ ~ SE CORNER SEC 9-2J-5 CITY {lf RENTON MON ~ 1502 FOUND MON IN CASE (7 /07) ~rn 50l.J711 16/Sr PUC( l'Hf»I( (HIS) ~/Sr-w" "OPOGRAPHIC, TREES AND UTILITIES RENTON, WA_SHINGTON DWN. 8Y DAN T. CHKD SY ""' ,.,,. JUL 'r 2007 SCALE N0T£D J08 NO. 671-005.-071 "'"' ''" ... qryplatmailing 02/12/2008 LOT STREET NO STRI STREET NAME SUBDIV 1 702 MONROE AVE NE RTCIMONROE SHORT PLAT 2 704 MONROE AVE NE RTC/MONROE SHORT PLAT 3 708 MONROE AVE NE RTC/MONROE SHORT PLAT Page 1 RTC S . RT PLAT CONDITIONS OF A __ ROYAL LUA 07-088 Project Condition Source of \Vhen Compliance is Party Condition Renuired Responsible The four significant trees that are to be Administrator Prior to utility permits Applicant retained shall be fenced off around the drip line with signs posted that the tree is to be preserved. The applicant shall submit a revised tree inventory plan, and all protected trees shall be drawn on the utility construction plan sheets. These revisions are due prior to the issuance of any utility construction permits. The fencing shall be in place prior to the issuance of any utility construction permits and shall remain until the final inspection of the new houses is complete. The applicant shall submit a revised Administrator Prior to building permits Applicant landscape plan with the five feet of landscaping between the north property line (neighbor's fence) and the start of the pavement. The revised landscape plan is due prior to the issuance of any building permits. All landscaping would be installed prior to final recording. Traffic Mitigation Fee of$75.00 per Administrator Prior to recording Applicant additional Average Daily Trio. The front yard for proposed Lot I Administrator Prior to recording Applicant would face west towards Monroe A venue, NE; the front yard for proposed Lot 2 would face north towards the access easement; an<l, the front yard for proposed Lot 3 would also face north. This shall be noted on the face of the short plat. The applicant shall revise and resubmit Administrator Prior to recording Applicant the short plat plan so that all three lots meet the minimum of lot depth requirement of 65 feet The revision is subject to the review and approval of the Development Services project manager. The applicant shall pay an estimated Administrator Prior to recording Applicant $976.00 Fire Mitigation Fee. Temporary Erosion Control shall be Administrator Prior to Recording Applicant installed and maintained for the duration of the of the project in accordance with the Department of Ecology Erosion and Sediment Control Requirements (Vol. ll) and staff review. :-.lotes STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a bi-weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a bi-weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on January 19, 2008. The full amount of the fee charged for said foregoing publication is the sum of $84.00. __ /7 - /'/);tplf ,01,??~ ,da. \ti. Mills Legal Advertising Representative, Renton Reporter Subscribed and sworn to me this 25th day of January, 2008. Kathy Dal,>,<S, in CovingMn, Washington P. 0. Number: the State of Washington, Residing • , \."\'''. '·. \ 1 i: I I, _:--.<>~\-\"( D,.q I 111,, .,;_\ '''''"'''1111,'I.,)'~ 'i,/ _ Lt "'"c.SIO,v "'-'1,, \r' "/, ~ ~ ;'..1>.\"' "+. 1, \j.l / ~ ~~~..-OT~ ~\ ; =o ~ -!>.L .,, ' , -CJ [Tl _.. .,., .-[ -~-cng .,(/),;, .,0 C, = -~ j ~ '19\., : < z~,7 A 'Q-~ Y.1. \ 0 .. 19-'\ , ....... ~ ,C : "'/. -::r.. ,,, .... , ."'--'I ,,-11 111111""''"'""~0 .::: ' 1 1, o,.. WAsl'I' ,,,' ,,, ,,, 11111\\\\\\,, NITTI CE OF APPEAL HEARING RENTON HEARING EXAMINER RENTON. WASHINGTON An appeal Hearing will be held hy the Renton Hearing Examiner in the Council Chambers on the seventh floor of Renton City Hall, l055 South Grady Way, Renton, Washington, on January 29, 2008 ar 9:00 AM to consider the following petitions: RTC Short Plat Appeal LUA07-088. SHPL-A Location: 630 Monroe Avenue, NE. Appeal of administrative shon plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots l and 2 would be 6,769 sq. ft (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. Legal descriptions of the files noted above are on file in the City Clerk's Office, Seventh Floor, City Hall, Renton. All interested persons are invited to be present at the Public Hearing to express their opinion/... Questions should be directed Lo the Hearing Examiner at 425-430-6515. Published in the Renton Reporter on January l9, 2008. #39749 ' . March 7, 2008 CERTIFICATE OF MAILING STATE OF WASHINGTON ) ) § COUNTY OF KING ) BONNIE I. WALTON, 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. 711o That on the 6!fl 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 James L. Voght of the Hearing Examiner's decision regarding the RTC Short Plat application. (File No. LUA-07-088, SHP) Bonnie T. Walton, City Clerk SUBSCRIBED AND SWORN TO BEFORE me this 6th day of March, 2008. No ry Public in and for the State of W shington, residing in Renton Dan Touma Touma Engineers PARTIES OF RECORD RTC SHORT PLAT LUA07-088, SHPL-A Keith Demps James Voght A&D Quality Construction 6632 S 191st Place ste: #E-102 Kent, WA 98032 202 SW Sunset Blvd ste: #E-202 Renton, WA 98057 716 Monroe Avenue S Renton, WA 98056 tel: (425) 255-2528 tel: (425) 251-0665 eml: mhtouma@aol.com (contact) Updated: 10/23/07 tel: (425) 271-7751 (owner/ applicant) eml: jamesvoght@msn.com (party of record) (Page 1 of 1) ''\y () CITY '9F RENTON ~~,~.,~.·; _ City Clerk ~ -P. Denis Law, Mayor Bonnie I, Walton r, /,,Y,~-----------------------------.-:O) i\1''\''-1 ' March 7, 2008 APPEAL FILED BY: James L. Voght RE: Appeal of Hearing Examiner's decision dated 2/18/2008 regarding the RTC Short Plat application, located at 630 Monroe Ave. NE (File No. LUA-07-088, SHP) 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-l lOF, 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 17, 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 noti ty all parties of record of the date and time of the Planning and Development Committee meeting. If you arc not listed in local telephone directories and wish to attend the meeting, please call the Council Liaison at 425-430-650 I 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 infom1ation or assistance, please feel free to call me at 425-430-6502. Sincerely, Bonnie I. Walton City Clerk Attachments cc: Council Liaison -l-05_5_S_o_ut_h_G_,a_d_y_W_a_y---R-en_t_on-,-W-a-sh-in_gt_o_n_98_0_5_7 -_ (-4-25_)_4-30---65_1_0_/_F_A_X_( 4_2_5_) 4-3-0--6-5-16-~. @ This paper contains 50% recycled material, 30% post consumer AHf.,\I) or THE cl:RVL S::itv of Renton Municipal Code; , 1tle IV, Chapter 8, Section 110 -Appeals 4-8-\ IOC4 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) 4-8-1 I OF: Appeals to City Council -Procedures I. 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 forn1 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 ofrecord 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 ofa decision of the Hearing Examiner on an application submitted pursuant to RMC 4-l-050F 1, 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) I 0. 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 GS of this Section. (Ord. 4660, 3-17-1997) 1 EAL TO RENTON CITY COUNC OF HEARIN(, "XAMINER'S DECISION/RECOMJ\'ll,:NDATION APPLICATION NAME __ -...~k=·~<Y=-c..e'_,.,_S-_~L~=~-"'-r'*~/l~i-___ FILE NO. /,;JjJ -,£J~{,~ ,f 88 The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated m..6r«o/ /8 , 20..:2fl_. MA, •• :1 iJ,ifi I. IDENTIFICATION OF PARTY APPELLANT J / Name: ,c;.la me.s L. '6z'd,/ Address: 7/? ,l-&,v-4('. $e d/E ~ECE;vc;:::, (;ITY GLERK'S ')FC\C'j, REPRESENTATIVE (IF ANY): 'f: 31 fill :r'-·· Name: ______________ _ Address: _____________ _ £ d &,/? J wd z:>g""_s-,,;- Phone Number: 42£-Zs~-z.s-z& Phone Number: ___________ _ Email: 7 1mne-.:s 11}z.k/@2ns4 .. Ceo/ 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: .S::ee £77bcAe.d o~//L?f'"6.P/!,S 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: c.c. lc--rrv Wt'~e,•, CJr_ 4-tl-y Remand to the Examiner for further consideration as follows: II),:, I ,.Ja,ffs, Pb., )/c D,(' Other: ,.... .r. f-rtr/ Ka.;/;t{().n, rrtamj t:X.. Ap Type/Printed Name NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-1 !0F. for specific appeal procedures. City of Renton Municip: Jde: Title TV, Chapter 8, Section I IO -A Is 4-8-l lOC4 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) 4-8-1 lOF: Appeals to City Council -Procedures I. 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 (JO) 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. fn 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-l-050Fl, 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: fn 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) l 0. 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) James L. Voght NOTICE OF, EAL -I 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 March 3, 2008 City of Renton 1055 S. Grady Way Renton, WA 98057 TO THE RENTON CITY COUNCIL Regarding an Appeal of a REPORT AND RECOMMENDATION By the OFFICE OF THE HEARING EXAMINER Fred J. Kaufman, Hearing Examiner RTC SHORT PLAT LUA-07-088-SHPL-A Appellant: James L. Voght, Party of Record NOTICE OF APPEAL James L. Voght, as a Party of Record and who lives within 300 feet ofthls project, appeals the decision of the City of Renton Hearing Examiner, dated February 18, 2008; regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. Attached: A copy of the above Hearing Examiners REPORT AND RECOMMENDATION (Feb. 18, 2008) Notice of Appeal to RTC Short Plat by James L. Voght (November 5, 2007) Letter from City Attorney Ann Nielsen to Hearing Examiner (Oct. 19, 2007) Letter from City Development Services Division Neil Watts (July 24, 2007) References: CITY'S REPORT AND DECISION onRTC SHORT PLAT LUA-07-088-SHPL-A(Oct. 23, 2007) City definition of Lot-Page 11-22, 23 and 24 (Revised 12/05) CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-A] (March 20, 2007) Chen Short Plat -Appealed and appeal dropped before the hearing by Ms. Nielsen RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washlngton. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district slated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " NOTICE OF APPEAL -2 RELEVANT FACTS (Continued) Renton Municipal Code, page 11-23 (Revised by the Renton City Council-12/05)-[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or ''parcels."] I appeal the Report and Recommendation for the following reasons: 1. Statements on Page 2 by Ms. Nielsen that she had determined that my appeal was not an appeal of the determination, but of the plat itself. The appeal was based on the City's Report for this Short Plat 2. Ms. Nielsen's letter (Oct. 19, 2007) to the Hearing Examiner that she had determined that Mr. Watts's administrative decision of July 24, 2007; was advisory in nature. She stated that Mr. Watts is now retracting that letter. Not only was that letter not retracted, it is being used for staff guidance for reviewing short plats. Ms. Nielsen's letter was written solely to cancel a scheduled hearing appealing that administrative decision. As there was no intention to retract the administrative decision, this was intentionally meant to deceive Mr. Kaufman and myself. Not an action that I would expect from a City attorney. 3. Page 6, Paragraph 5: ... "The size of the lots is their actual platted size ... " may be true; however the Renton Municipal Code has a different definition of a lot. As Mr. Kaufman concedes earlier in the report, the Renton Municipal Code specifically excludes private access easements. I do not believe we are discussing King County procedures and codes, but are discussing the City ofRenton's codes. I strongly believe that revisions to the RMC belong in the domain of the Renton City Council, not in the domain of Administrative Decisions. Knowledge of Administrative Decisions tend to be known only to City personnel that work within that Department and the few that come in direct contact or conflict with those decisions. Note: My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Renton City Council enter an order that this administrative decision be overturned. Respectfully yours,~ ,~:::% Appellant March 1 7, 2008 Citizen Comment: Fugate - Homeowners and Bank Protection Act CONSENT AGENDA Council Meeting Minutes of 3/\ 012008 Appointment: Airport Advisory Committee CAG: 08-001, Duvall Ave NE Reconstruction, Northwest Cascade Appeal: RTC Short Plat, Voght, _SHP-07-088 ___ _ EONS!': Dry Docks Removal Waiver of Permit Fees, Budget Amend Community Services: Thomas Teasdale Park Landscaping, Macleod Reckard Development Services: Robersons 24th St Short Plat, ROW Dedication, NE 24th St, SHP-05-050 Human Resources: Reclassifications & Classifications for 7 Positions CAG: 07-188, Fiber Optic Connection North, RL Alia Company Transportation: Duvall Ave NE Reconstruction, WSDOT Renton City Council Minutes Page 85 MOVED BY PARKER, SECONDED BY TAYLOR, COUNCIL EXTEND THE AUDIENCE COMMENT PERIOD. CARRIED. Joseph Fugate (Seattle) also spoke on the topic of the proposed Homeowners and Bank Protection Act of 2007. He reviewed the evolution of the mortgage foreclosure crisis, noting that the banking system is now collapsing. Mr. Fugate expressed concern that the federal government keeps putting forth the same policies as those that led to the crisis. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes ofJ/1012008. Council concur. Mayor Law appointed Lee Chicoine to the Airport Advisory Committee, North Renton neighborhood primary position, for an unexpired term expiring 5/7/20 I 0 (position previously held by Richard Zwicker). Refer to Community Services Committee. City Clerk reported bid opening on 2/26/2008 for CAG-08-001, Duvall Ave. NE/Coal Creek Parkway SE Reconstruction; eight bids; engineer's estimate $12,373,699.93; and submitted staff recommendation to award the contract to low bidder Northwest Cascade, Inc., in the amount of $10,081,569.23. Council concur. i i City Clerk reported appeal of Hearing Examiner's decision regarding the RTC I Short Plat application by James L. Voght, accompanied by required fee. Refer [ to Planning and Development Committee. Community and Economic Development Department recommended approval to waive permit fees related to the Washington State Department of Natural Resources' removal of derelict and abandoned dry docks on Lake Washington. Approval was also sought to amend the 2008 Budget to allocate $200,000 from the unallocated reserve fund for the project. Council concur. (See page 87 for ordinance.) Community Services Department recommended approval of a contract in the amount ofS37,100 with MacLeod Reckard to design new irrigation and grading at Thomas Teasdale Park. Council concur. Development Services Division recommended acceptance of a deed of dedication for additional right-of-way at High Ave. NE and NE 24th St. and at NE 24th St. and Jones Ave. NE to fulfill a requirement of the Roberson's 24th Street Short Plat. Council concur. Human Resources and Risk Management Department recommended approval of the position classifications and salary grades for existing and new positions, effective 1/1/2008. Refer to Finance Committee. Transportation Systems Division submitted CAG-07-188, Fiber Optic Connection North; and requested approval of the project, authorization for final pay estimate in the amount of$7,775, commencement of60-day lien period, and release of retained amount of $2,305 to R.L. Alia Company, contractor, if all required releases are obtained. Council concur. Transportation Systems Division recommended approval of an agreement in the amount of $1,115,929.76 with the Washington State Department of Transportation for construction management services for the Duvall Ave. C OF RENTQt,! COUNCIL AGEND LL I AI#: Submitting Data: For Agenda of: 3/17/2008 Dept/Div /Board .. AJLS/City Clerk Staff Contact. ..... Bonnie I. Walton Agenda Status Consent. ............. Subject: Public Hearing .. Appeal of Hearing Examiner's decision dated 2/18/2008 Correspondence .. Ordinance ............. regarding tbe RTC Short Plat application. (File No. LUA-07-088, SHP) Resolution ............ Old Business ........ Exhibits: New Business ....... City Clerk's letter (3/7/2008) Study Sessions ...... Information ......... Appeal -James L. Voght (3/3/2008), includes Hearing Examiner's Decision (2/28/2008) Recommended Action: Approvals: Refer to Planning and Development Committee. Legal Dept. ....... . Finance Dept. .... . Other .............. . Fiscal Impact: NIA 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 RTC Short Plat application was filed on 3/3/2008 by James L. Voght accompanied by the required $75 fee. STAFF RECOMMENDATION: Council to take action on the RTC Short Plat application appeal. cc: Jennifer Henning Larry Warren Rentonnet/agnbill/ bh X <"y 0 CIT1-JF RENTON ·~o .. ~. ·~£< ~.; _ _ City Clerk K Denis Law, Mayor Bonnie 1.·,Walton . ?ZiNrtO>'-----.;.....;__ _________________ ...,......:...::,_ March 7, 2008 APPEAL FILED BY: James L. Voght RE: Appeal of Hearing Examiner's decision dated 2/18/2008 regarding the RTC Short Plat application, located at 630 Monroe Ave. NE (File No. LUA-07-088, SHP) To Parties of Record: Pursuant to Title IV, Chapter 8, Renton City Code ofOrdinances, written appeaLofthe hearing examiner'.s dee is.ion on the RTC Short Plat application has been filed with the City Clerk'. In accordance with Renton Municipal Code Section 4-8-l lOF, the City Clerk shall notify all parties of record ofthe receipt of the appeal. Other parties of record may submit le!tersJimited to support of their positions within ten (10) days of the date of mailing ofthe notification of the filing of the appeal. The deadline for submission of additional letters is 5:00 pm, l\.forch 17, 2008. NOTICE IS HEREBY GIVEN that the written appea1 and other pertinent documents will be reviewed by the Council's Planning. and Developnient 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 hsted inlocal telephone directories and wish to attend the meeting, please call the Council Liaison at425-430-6501 for information. The recommendation of the · Committee will be preseiltedfGrconsideration by the full Council at a subsequent Council meeting: · · ·· · · . . " . Attached are a.copy of the app.eal .and a c.o.py t1f the Renton Mun. 1.· cipf11 C. ~de regard!ng. ap.peals of Hearmg Exammer dec1s10ns or recommendatwns. Please note that the City Council will be considering the merits of the appealbased upon the writtenxecord:previously established. · Unless a shO\ving can be. made that additional evidence could not reaspnably have been available at the prior hearing held by the Hearing Examiner, no further evidence or testimony on.this · · · matter ~ill be accepted by the City C1;1UnG_it · ·. For additional information or assistance, please feel free to call me at 425A30-6502. Sincerely, ·· Bonnie L Walton City Clerk·· Attachments cc: Council Liaison .-l-05_5_S_o-ut_h_G_ra_d_y_W_a~y-.~R~e-m-on~,-W-a-sl-,i-ng-to-n-98_0_5_7---(4-25-)~4-30---65-l~O-/~F-~-(4~2-5-)4_3_0_-6_5_16-~ @ This paperconta"ins 50% recycled matenal. 30% post consumer ?:HEAD OF THE CURVE City of Renton Municipal Co? · Title IV, Chapter 8, Section I IO -Appc· · 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 I. 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 ofreceipt 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 ofa decision of the Hearing Examiner on an application submitted pursuant to RMC 4-l-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-l-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) l 0. 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 GS of this Section. (Ord. 4660, 3-17-1997) APPEAL TO RENTON CITY COUNCIL OF HEAE _; EXAMINER'S DECISION/REC( vIENDATION APPLICATION NAME __ ::,.,::,_L"~',£=/U~ec;.__.S:"'---~L.....___.,.!('-""'7"--')z:...LL/-___ FILE NO. LIJIJ-tJ 7-LJ8a ~ CITY Or RENTON The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated m.b-«7 It.? , 20,r:2_fz. MAR O 3 2008 I. IDENTIFICATION OF PARTY RECEIVED CITY CLEflK'S OFF!Ci} REPRESENTATIVE (IF ANY): '-/: 31/ fM r:f'L--APPELLANT J / . Name: ,c;,lare..s' Lx =ri Address: 7/~ M/ifae #v'e &£ &n/..,..,,. / wd 7P"?'-5& Name: ______________ _ Address: _____________ _ Phone Number: V£-z~-2.S-28 Phone Number: ___________ _ Email: 7 ,',v,,,,e-.:s f6j7-&./@2ns,r.., Cao/ 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: s~ #dcAed D«:p"A'e:""'-h' 1 s p 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: cc'. f-o-;ry Wi;.,t,• C,lr, 4-ifr Remand to the Examiner for further consideration as follows: '1/l, I WAfS, /)t:-,l'flc D,( Other: r . J // ./1.. .f. r.: H/(,{ '-Civ'tn,«Uf1 /1f,{nj· C::X.. =1zft'?es_ /. . lfy,# Type/Printed Name Date NOTE: Please refer lo Title IV, Chapter 8, of the Renton Mumcipal Code, and Section 4-8-11 OF, for specific appeal procedures. City of Renton Municipal Cod~· Title IV, Chapter 8, Section I IO -Appeals 4-8-1 IOC4 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) 4-8-1 IOF: Appeals to City Council -Procedures l. 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 pa1ties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-0SOFl, 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 GS of this Section. (Ord. 4660, 3-17-1997) James L. Voght NOTICE ( JlPEAL -1 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 March 3, 2008 City of Renton 1055 S. Grady Way Renton, WA 98057 TO THE RENTON CITY COUNCIL Regarding an Appeal ofa REPORT AND RECOMMENDATION By the OFFICE OF THE HEARING EXAMINER Fred J. Kaufman, Hearing Examiner RTC SHORT PLAT LUA-07-088-SHPL-A Appellant: James L. Voght, Party of Record NOTICE OF APPEAL James L. Voght, as a Party of Record and who lives within 300 feet of this project, appeals the decision of the City of Renton Hearing Examiner, dated February 18, 2008; regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. Attached: A copy of the above Hearing Examiners REPORT AND RECOMMENDATION (Feb. 18, 2008) Notice of Appeal to RTC Short Plat by James L. Voght (November 5, 2007) Letter from City Attorney Ann Nielsen to Hearing Examiner (Oct. 19, 2007) Letter from City Development Services Division Neil Watts (July 24, 2007) References: CITY'S REPORT AND DECISION on RTC SHORT PLAT LUA-07-088-SHPL-A(Oct. 23, 2007) City definition of Lot -Page 11-22, 23 and 24 (Revised 12/05) CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-AJ (March 20, 2007) Chen Short Plat -Appealed and appeal dropped before the hearing by Ms. Nielsen RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washington. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " NOTICE OF APPEAL -2 RELEVANT FACTS (Continued) Renton Municipal Code, page 11-23 (Revised by the Renton City Council -12/05)-[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels."] I appeal the Report and Recommendation for the following reasons: 1. Statements on Page 2 by Ms. Nielsen that she had determined that my appeal was not an appeal of the determination, but of the plat itself. The appeal was based on the City's Report for this Short Plat 2. Ms. Nielsen's letter (Oct. 19, 2007) to the Hearing Examiner that she had determined that Mr. Watts's administrative decision of July 24, 2007; was advisory in nature. She stated that Mr. Watts is now retracting that letter. Not only was that letter not retracted, it is being used for staff guidance for reviewing short plats. Ms. Nielsen's letter was written solely to cancel a scheduled hearing appealing that administrative decision. As there was no intention to retract the administrative decision, this was intentionally meant to deceive Mr. Kaufman and myself. Not an action that I would expect from a City attorney. 3. Page 6, Paragraph 5: ... "The size of the lots is their actual platted size ... "maybe true; however the Renton Municipal Code has a different definition of a lot. As Mr. Kaufman concedes earlier in the report, the Renton Municipal Code specifically excludes private access easements. I do not believe we are discussing King County procedures and codes, but are discussing the City of Renton' s codes. I strongly believe that revisions to the RMC belong in the domain of the Renton City Council, not in the domain of Administrative Decisions. Knowledge of Administrative Decisions tend to be known only to City personnel that work within that Department and the few that come in direct contact or conflict with those decisions. Note: My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Renton City Council enter an order that this administrative decision be overturned. Respectfully yours~ ,i::f.:cs~ Appellant OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPELLANT: APPLICANT: James L. V oght 716 Monroe Ave NE Renton, WA 98056 Keith Demps 11214 148'" Ave SE Renton, WA 98055 RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 PUBLIC HEARING: After reviewing the Appellant's written requests for a hearing and examining available infonnation on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summa,y of the January 29, 2008 hearing. The legal record is recorded 011 CD. The hearing opened on Tuesday, January 29, 2008, at 9:25 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirn1ed by the Examiner. The following exhibits were entered into the record: . Exhibit No. l: Staff file containing the original Exhibit No. 2: Short Plat Map anneal Jetter and site infonnation, by reference. Parties Present: Andrea Petzel, Development Services Neil Watts, Development Services Director, City of Renton Ann Nielsen, Assistant City Attorney James Voght, Appellant Keith Demps, Applicant Testimony began with: RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 2 Ann Nielsen, Assistant City Attorney stated that what really was at issued today was a restrictive covenant, this is a King County Restrictive Covenant that emerged in the 1950's and it has been determined that it is a public covenant. As a result, the City of Renton is able to step into this matter and the parties do have jurisdiction to interpret and enforce this restrictive covenant. Current City Code requires 5,000 square foot net, what is really at issue here is the issue of net density versus gross density. Neil Watts as Director, under Code 4.l.080a sub I was able to make a determination under that particular code, he will outline how he came to the determination that it was gross and not net. This restrictive covenant is going to impact several different short plat applications in the surrounding area. This is not an appeal of the determination, but of the plat itself. Andrea Petzel, Development Services stated this project was a three lot short plat in the R-8 zone. The property address is 630 Monroe Avenue NE. The entire site is surrounded by R-8 zoning to the north, east and south. Across the street the zoning is Industrial -Light, The Renton Technical College. Proposed density would be 7 .89 dwelling units/net acre. All three lots would share access via a 26-foot private access easement. Lots 1 and 2 gross size is 6,769 square feet, net size for both lots would be 5,000 square feet, and Lol 3 gross is 6,348 square feet and is unaffected. There are no critical areas on site and l O significant trees. There is an existing home, which may have been demolished. Mr. Voght stated that one issue generated by the Chen Short Plat is that the City Attorney elected to call the administrative decision as an opinion rather than a decision. The City code requires a minimum lot size, which deducts the access areas. The covenants are speculation until defined and they still call for a 6,000 square foot lot. They do not have a lot of 6,000 square feet by the City's own definition, and now suddenly the City is using the tern, "gross" which is not there, there are not two definitions in the code. When the Chen Short Plat appeal was going to be discontinued, it is still a two-lot short plat, there has been no appeal to that and on paper it appears that Chen Short Plat is still a two-lot short plat. It was presumed on the Chen Short Plat that he wanted to stop it, that was not correct. The appeal stated that he was appeaiing the administrative decision on a short plat that did not have the correct lot areas. The City's attorney indicated that the administrative decision would be retracted, to date it has not been retracted. He also feels that at the present time the administrative decision is being used for submission of future short plats and the concept of gross as opposed to net. The code should be formalized. The City supplied him with infom1ation from King County and how they made their decisions. Andrea Petzel upon questioning by the Examiner stated that the width of Lot I, north to south, would be 99.53 feet with the 16-foot easement and 64 feet deep. All lots currently meet the code standard of 5,000 square feet net. All lots currently meet the King County restrictive covenant standard of 6,000 square feet gross. They are also 60-feet in width. Upon questioning by Ms. Nielsen. Mr. Voght stated that there are not private easements on the plat, the issue of net or gross would not be raised. It would be a lot of speculation, it would be necessary to find the person that originally approved that plat. He has an opinion as to whether the net or gross lot size should be used for this short plat. Lot 3 on this particular plat, it is a net lot. R TC Short Plat Appeal LUA-07-088, SIIPL-A Februaiy 18, 2008 Page 3 The Examiner stated that if the parties on either side are not satisfied with his decision, it may be appealed to the City Council, if still not satisfied they may go to Superior Court. They Court may then be able to interpret the covenants, they have more jurisdiction and can make changes. Neil Watts, Director Development Services stated that in the area of current land use planning there are some areas that are very difficult to deal with, expansion or alterations of non-conforming uses, vesting, and restrictive covenants are certainly high on the list. Restrictive covenants are not code. Zoning is something the City can change upon the citizens, however, restrictive covenant is something that a property owner elects to do, and in this case those restrictive covenants were placed at the request of the County. The County has elected to treat them as a public restrictive covenant and has gone th.rough the process of eliminating them. They feel they no longer serve a valid purpose. The City has not taken th.at action, however, those covenants were placed by King County and the City has now taken over the role that the County had in those days and the property owner elected to do that. The restriction that was placed in the 50' s is of importance because that is the restriction that is still valid today. Whether the County intended this to be gross area vs. net area, the County to this date does not use net area calculation for lot sizes. It would be difficult to surmise that in the SO's they were doing that. This decision is different than the Chen decision, they were in error in Chen. Normally net or gross is not used and instead private access easements are subtracted out. These lots meet two standards, by the restrictive covenant they need to he a minimum of 6,000 square feet gross, by the city code standard, which they also need to meet, they need to be a minimum of 5,000 square feet with the access easement deducted. They meet both standards. Upon questioning by Mr. Voght, Mr. Watts stated that on the Chen short plat decision, it was restricted either to reduce it to a two-lot short plat or have the restrictive covenant removed. They did not appeal that decision and after the appeal date the applicant requested further information. It was agreed that for these restrictive covenants the proper application was as gross area. It does not change that short plat decision, the applicant can come in for a new short plat if he elects to do so. The Examiner made a statement about how the City has changed it code and plats need to have a front yard setback from either a street or a private access of 15 feet. There have been changes since the number of plats that Mr. Voght cited, it is necessary to look at the current code and what this particular plat is proposing. This plat does meet the code requirements. The question is whether these lots meet what a 6,000 foot lot is under the covenants that were done, that is what he must consider. There was extensive discussion on code structure and the meaning of the covenant as it pertains to this short plat and how previous short plats in the same area are not held to these particular restrictions. Ms. Petzel clarified that for proposed Lot I, the actual depth is 64 feet, which does not meet the minimum requirements of 65 feet. There is a condition of approval that the short plat be redrawn so that lot I does meet that requirement. The Examiner stated that Lot 1 is peculiar, it is a comer lot in some respects. The sheet he had before him shows the width to be 68.5 feet from Monroe to the east. RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 4 Ms. Petzel stated that there were two short plat drawings that came in and she has it listed as 64 feet. It appears that things have changed. The Examiner continued that it appears that Lot 3 is narrower and is shown as 70 feet and Lot 2 is shown as 66 feet and Lot l as 64 feet. The last page of the printed material is dated July 2007 and is obviously not the plat that they are looking at today. They determined the map that is actually being used to design the project and it was marked Exhibit 2. Ms. Nielsen stated that there was no retraction of the Chen Short Plat, rather she wrote Mr. Voght a letter saying the hearing was going to be mooted, and that his money would be returned. The Chen file has nothing to with the hearing today, it is a totally separate matter. Keith Demps, 11214 148"' SE, Renton 98055 stated that he was unclear, in the standard practice of the City of Renton how do the codes get defined, are they adopted or does the City have a right to make changes to County codes. Mr. Watts stated that all property is rezoned as it comes in from King County, the zone changes to what it currently is in the City. 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 10:25 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The appellant, James L. Voght, hereinafter appellant, filed an appeal of an administrative decision approving a short plat. 2. The appeal was filed in a timely manner on November 6, 2007. 3. The appellant lives within a block of the subject site. 4. The City approved a three-lot short plat for property located at 630 Monroe Avenue NE. The short plat is called the RTC Short Plat. 5. The short plat divides the parcel into three lots arrayed from west to east, creating one lot on Monroe, Proposed Lot 1, with two interior lots, Proposed Lots 2 and 3. The interior lots would be accessed via a 26-foot wide private easement that runs along the north property line and crosses the north portions of Proposed Lot I and 2. 6. Proposed Lots I and 2 would each be approximately 6,769 square feet while Proposed Lot 3 would be 6,348 square feet. The easement area for access across Lots 1 and 2 would be approximately 1,769 square feet on each. If the easement area were subtracted from the full area, Proposed Lots I and 2 would each have approximately 5,000 square feet. RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 5 7. Proposed Lots I and 2 are 68.05 feet wide and 68.08 feet wide respectively. Proposed Lot 3 is 63.90 feet wide. The lots are all approximately 99.36 feet deep, their north-south dimension. 8. The appellant alleges that the approval of the RTC short plat violates a restrictive covenant that applies to the subject site. The covenant restriction at issue states: "No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots of this plat are restricted to S-2 Suburban use." 9. The City determined that the underlying covenants cited above still apply to the subject site. They determined that each of the proposed lots meet or exceed the 6,000 square foot minimum required by covenant and all of the proposed Lots are greater than 60 feet wide. IO. The appellant alleges that City Code Section 4-11-120 specifies that a "lot" does not include areas covered by access easements and, therefore, these proposed lots do not comply with the covenants. 11. Section 4-11-120, which contains definitions used in code beginning with the letter "L" states the following: "LOT: A specifically described parcel of land with boundary lines defining the extent of the lot in a given direction. LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels." See LOT TYPES. LOT MEASUREMENTS: A. Lot Depth: Depth of a lot shall be considered to be the average distance between the foremost points of the side lot lines in front (i.e., the points where the side lot lines intersect with the street right-of-way line) and the rearmost points of the side lot lines in the rear. In the case ofpipestem Jots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. · B. Lot Width: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. LOT LINES: The property lines bounding the lot." 12. The Administrator made some earlier decisions on property similarly affected by these or similar covenants. Those earlier decisions are not before this office. It appears from the record and testimony that earlier interpretations or decisions may not have been intended as binding or appealable determinations. This office cannot examine those decisions in this proceeding. RTC Short Plat Appeal LUA-07-088, SHPL-A Februat)' 18, 2008 Page 6 CONCLUSIONS: I. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-11 O(E)(7)(b ). The appellants have failed to demonstrate that the action of the City should be modified or reversed. The decision is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255,259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. The code defines a lot as "being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements." That definition is used to define the area needed to meet the zoning code's development envelope or development standards for a lot. These lots apparently meet those standards. They are 5,000 square feet (after subtracting the easement area) and they are approximately 99 feet deep (73 feet deep if one excludes the easement's 26 foot width) and approximately 65 to 68 feet wide. So they meet the developmental regulations and can be developed. But their actual size is determined by their lot dimensions -that is their width and depth without excluding easement areas. Since these three lots are all generally, normal rectangles, then their actual areas would be calculated by multiplying the width and depth dimensions. They are all in excess of 6,000 square feet in area. The fact that an easement crosses the lots and has an impact on how much of the remaining lot is developable does not define "lot" size. 5. The appellant has failed to demonstrate that an error has been made. The size of the lots is their actual platted size and they are all greater than 6,000 square feet. The fact that the City has determined it wants a certain building envelope for a single-family home to exclude the easement area does not affect the real size of a parcel. It appears that these three lots comply with both the City's current zoning standards and also comply with the underlying covenants. 6. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office can find no reason to reverse the decision below. DECISION: The decision is affirmed and the appeal is denied. ORDERED THIS !81h of February 2008 HEARING EXAMINER RTC Short Plat Appeal LlJA-07-088, SIIPL-A February 18, 2008 Page 7 TRANSMffTED THIS 18'" day of February 2008 to the parties of record: Neil Watts Development Services Director City of Renton James Voght 716 Monroe Ave S Renton, WA 98056 Ann Nielsen Assistant City Attorney City of Renton Keith Demps 11214 148th SE Renton, WA 98055 TRANSMITTED THIS 18'" day of February 2008 to the following: Mayor Denis Law Dave Pargas, Fire Andrea Petzel Development Services City of Renton Dan Touma 6632 S 191" Place Ste. #E 102 Kent, WA 98032 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janel Conklin, Development Services Pursuant to Title IV, Chapter 8, Section IOOGofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 3, 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 IV, Chapter 8, Section l JO, 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 mnst be flied in writing on or before 5:00 p.m., March 3, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be regnired prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. .· ,\:Y 0 CITY OF RENTON Planning/Bui g/PublicWorks Department ®~ ~--•. I;;;.. . Kathy Keolker, Mayor -~"' .· 0.,,,1~·---------------------. ~'N1' . Gregg Zimmerman P.E., Administrator July 24, 2007 Mohammad K. 1alalyar MRK Engineering 14218 SE !0th Street Bellevue, WA 98007 Subject; Chen Short Plat LUA 07°010, SHPL-A Dear Mr. Jalalyar: This letter is· in response td your request for a determination from the City regarding the restrictive covenant for lots in the Stewarts Highland Acres Tract These lots are bound to a Kipg · County restrictive c_ovenant requiring a minimum Jot size of 6,000 square feet and a minimum lot width of 60 feet Specifically, the restrictive covenant states: · "No lot orpottfon of a lot sha/f be divided and sold or resold or ownership changed or ··transferred whereby the ownership of any portion of this p/qtshall be less than 6,000 . square feet fa,: su/Jutban S-2 use, with a minimum lot width of 60 feet. " · For purposes of subdivision, the City has determined that the 6,000 square foot minimum can be met by gross, ratherJhan net, lot size. · This. administrative decision will become finalif not ;ppealed to the Hearing Examiner by 5:00 p.ri:i. on August 7, 2007 .. Appeals m11st be filed in writipg; together w_ith the required $75,00 . application fee, to: Hearing'Exai:µiner, City of RentQn, 1055 South Grady Way, Rertton, WA 98057. . . . . . Please contact me orthe project manager, Andrea Petzel, at'{425) 430-720.0 if you have any questions: Sincerely, ). / !l I I J--i.-1-;v a ( W<vWJ. Neil'Watts, Director Development Services Division cc: Ruben Chen,'Owner Andrea ]'~~el, Associate Planner :;i.l,!)ti'v'dglrt, Party of Record •· LUA07-0IO, SHPL-A . . -~-----l--'0-55_S_o_u_th_G_r-ad_y_W-ay--~R-e_n_to-'-n.-W--' __ -as-h-in""gt""on-9~80_5_7----'---'-----~ @ This paperc.ontains 5~~o recycle.:f~aterial, 30%post consumer AHl;.AD OF. TH,E CURY'E. October 19, 2007 Fred Kaufman, Hearing Examiner City of Renton I 055 S. Grady Way Rrnton, WA 98055 Re: Chen Short Plat!Voght Appeal LUA 07-010. SHPL-A Dear Mr. Examiner: Office of the City Attorney Lawrence J. \Varren Senior Assistant City Attorneys Mark Barber Zanctta L. Fontes Assistant City Attorneys Ann S. Nielsen Garmon Newsom II Shawn E. Arthur The above-referenced appeal was previously continued and is currently scheduled to resume on Tuesday, October 23, 2007. 1be City of Renton ("City") had requested a continuance to look into several issues and having done so, the City is now prepared to report the following to the Examiner: The City issued is Administrative Decision on the Chen Short Plat on March 20, 2007. The appeal period for this decision passed with no appeals filed. The Applicant then sent a letter to the City dated July 17, 2007 seeking clarification on an issue in the Administrative Decision. The Development Services Director Neil Watts then send a response to this July 17, 2007 letter dated July 24, 2007. Appellant Voght then filed an appeal based on the answer contained in Mr. Watt's July 24, 2007 letter. After careful review, the City has determined that the July 24, 2007 letter was advisory in nature, and therefore, should not have given rise to an appeal. Therefore, Mr. Watts is now retracting that letter which effectively negates the appeal. He will be contacting Mr. Voght to inform him of thi~. The status of the Chen plat n0w remains with the decision a.rid conditions set forth in the March 20, 2007 report, which were never appealed.1 1 The Chen Administrative Report Decision's #4 states: "The applicant shall revise and resubmit the short plat plan as a two-lot subdivision, thereby ensuring lot sizes of6,000 sq. feet (net) and a minimum 60' width; or, remove the restrictive covenant from the plat to allow for a three-lot subdivision." This provision dictates the current status of the Chen's short plat. Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 lot short plat) would now result with the withdrawal of the letter and subsequent dismissal of the appeal As to the advisory "interpretation" of gross vs. net issue set forth in Mr. Watt's letter, the City anticipates that this issue will arise again in a new subsequent case which contains similar issues. But, those issues will be addressed in the Administrative Report and assuming a timely appeal is filed against that Report, this gross vs. net issue can be properly addressed before the Hearing Examiner at a later date. Post Office Box 626 -Renton, Washington 98057 -(425) 255-8678 I FAX (425) 255-5474 l!D,. -'I.H!:..\t) Of THI <.iiR\'F Chen/V oght Appeal October 19, 2007 Page 2 Assuming the Hearing Examiner concurs with this assessment, there will be no need to hold the continued hearing on Tuesday. Accordingly, the City respectfully requests that you strike the scheduled hearing. Sincerely, ' ), \ . ', .. --.... , Ann Nielsen Asst. City Attorney cc: James L. Voght, Appellant Mohammad Jalalyar, PE Gregg Zimmerman Neil Watts Andrea Petzel Larry Warren ('~:~: t:·Y-T'r'J I HEREDY DECV,Ac, wit;ifi ~j~AL n OF PERJURY PURSUANT TO. THE LAWS OF THE STATE OF WASHINGTOI!, THAT I M/, ILED A COPY OF THIS DOCUMENT TO A/..L ATIORNEYS OF RECORD AND All PARTIES, IF ANY, NOT REPRESENTED BY COUNSEL 0~~ 01 , POSTAGE PREPAID, ~~!,X) James L. Voght NOTICE \PPEAL-J 716 Momoe Ave. NE Renton, WA 98056 Tel: 425-255-2528 November 5, 2007 City of Renton 1055 S. Grady Way Renton, WA 98057 TO THE HEARING EXAMINER OF THE CITY OF RENTON Regarding an Appeal of a decision by the Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Appellant: James L. Voght, Party of Record RTC SHORT PLAT LUA-07-088-SHPL-A NOTICE OF APPEAL James L. Voght, as a Party of Record and who lives within 300 feet of this project, appeals the decision of the City of Renton Planning/Building/Public Works Department regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. A copy of the above CITY'S REPORT AND DECISION is attached (October 23, 2007) A copy of City definition of Lot -Page 11-22, 23 and 24 (Revised 12/05) A copy of CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-AJ is attached (March 20, 2007) -Letter from City Attorney to Hearing Examiner (I 0/19/2007) -Letter from City's Neil Watts (7 /24/07) -Copy of Chen Short Plat Appeal RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washington. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or tramferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " Renton Municipal Code, page I J -23 (Revised 12/05) -[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels."] NOTICE OF APPEAL -2 , I appeal the following underlined portions of the Report and Decision: Report and Decision -F. DEPARTMENT ANALYSIS: There is an existing restrictive covenant on the underlying parcel, which was originally part of the Stewart's Highland Acre Tracts Plat. The covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet." (Not an exact quote from the plat, but close.) (1.) The covenant references King County zoning that was in effect at the time the plat was recorded with the county. In order to remove the restrictive covenant, the applicant would need to seek approval from the other property owners in the plat, or prove that the intent of the County was to comply with whatever the applicable zoning was in place at the given time. Otherwise, the applicant must meet the covenant requirements. (2.) As propost;d, the RTC Short Plat does meet the covenant requirements for 6,000 square foot lots (as measured by gross lot size), and the required lot width of 60 feet. Report and Decision -G. FINDINGS: 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. (3.) The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. (1.) "The covenant references King County zoning" is an opinion only. At this time it is a plat restriction. (2.) As proposed, the RTC Short Plat does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. The Renton Municipal Code excludes private access easements from LOT areas. In these calculations the private access easement is included in the LOT areas as shown in Report and Decision-F. d) Lots: Lot size Table on Page 6. (3.) The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. Again, the RMC excludes private access easements from LOT areas. Both (2.) and (3.) are in direct conflict with both the Renton Municipal Code and previous decisions on Short Plats within Stewart's Highlands Acre Tract. Short Plats of Record in Stewart's Highlands Acre Tract 1. Heifa Short Plat-LUA 98-032 SHPL, Lots 1 & 2, Block 2 2. Anicello Short Plat -LUA 96-073 SHPL, Lots 5 & 6, Block 2 3. Jay Hill Short Plat-LUA 03-067 SHPL, Lot 1 & Lot 3, Block 1 4. Chen Short Plat -LUA 07-010 SHPL-A, Lot 2, Block I The above 4 Short Plats comply with the Renton Municipal Code as of the dates of their application and Stewart's Highland Acre Tract~ restrictive covenant. NOTICE Of APPEAL-3 Reference: Chen Short Plat Report and Decision -J. DECISION: Chen Short Plat, LUA 07-010, SHPL-A 4. The applicant shall revise and resubmit the short plat plan as a two-lot subdivision, thereby ensuring lot sizes of 6,000 square feet (net) and a minimum 60' width; or, remove the restrictive covenant from the plat to allow for a three-lot subdivision. 3/20/07. The Report and Decision was to be appealed by 4/03/07 or it would be final. There is a letter to MRK engineering from the City ( 4/13/07) stating the decision above is final as no appeals have been filed to date for this Short Plat. Chen Short Plat LUA 07-010, SHPL-A (continued) There was an Administrative Decision for the Chen Short Plat (July 24, 2007) in response to the applicant's engineer, stating in part: For purposes of subdivision, the City has determined that the 6,000 square foot minimum can be met by gross, rather than net, lot size. Appeal by 5 pm 8/07 /07 or it will become final. I appealed this decision on August 7, 2007. The City requested and was granted a continuance, rescheduled to October 23, 2007. Friday, October 19, 2007, the City's attorney stated that Mr. Watts was retracting his administrative decision and requested you to strike the scheduled hearing. The letter also stated, The status of the Chen Short Plat now remains with the decision and conditions set forth in the March 20, 2007 report. I received this letter Monday, October 22, 2007 and called your office about the hearing. I discovered you had not received the letter from the City's attorney yet. Later, I was told by your office, that the hearing was canceled. In this letter from the City requesting that the hearing be cancelled, there was a statement that the appealed administrative decision would be retracted. To date, I have not received a letter of retraction. In addition, the letter (footnote I) ... "Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 lot short plat) would now result with the withdrawal of the letter and subsequent dismissal of the appeal." This was an incorrect presumption, the appeal was the statement; "that Plat Restrictions for lot size can be met by gross, rather than net, lot size. This appeal is based on the same issue. I. At the time of recordation of the underlying plat, King County did have jurisdiction to require compliance with their Codes in effect at that time. The City requires covenants on their plats, as well. 2. The RTC Short Plat only meets the City ofRenton's R8 Zoning by being revised to a 2-Lot Short Plat as previously determined for the Chen Short Plat OR REMOVE THE RESTRICTIVE COVENANT FROM THE PLAT. 3. Considering the gross lot area for each lot is prohibited by the Renton Municipal Code's definition of a Lot. The restrictions on the face of this Plat have not been removed. As an owner of property in this Plat, I have not even been contacted for an attempt at removal of any restrictions. My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. • NOTICE OF APPEAL-4 The RTC Short Plat as a 3-lot short plat does not meet the City's Single-Family Residential RS Zoning at the present time and will not until such time as the City revises their definition of a lot and/or decides to remove plat covenants from consideration by planners, surveyors and engineers. The appealed Administrative Short Plat Report and Decision dated I 0/23/2007 Report and Decision -F. DEPARTMENT ANALYSIS: " ... As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square feet fill: measured by gross lot size) and the required lot width of 60 feet. " The RTC Short Plat does not meet the covenant requirements for 6,000 square feet. Previous decisions by the City exclude private access easements from Lot calculations by definition. Report and Decision -G: FINDINGS 5. Zoning " .•• The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. " The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Hearing Examiner enter an order that this administrative decision be overturned. Respectfully yours, James L. Voght, PLS Appellant OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMEN"DATION APPELLANT: APPLICANT: James L. V ogbt 716 Monroe Ave NE Renton, WA 98056 Keith Demps 11214 148th Ave SE Renton, WA 98055 RTC Sb0rt Plat Appeal LUA-07-088, SHPL-A February 18, 2008 PUBLIC HEARING: After reviewing the Appellant's written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 29, 2008 hearing. The legal record is recorded 011 CD. The hearing opened on Tuesday, January 29, 2008, at 9:25 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: Staff file containing the original anneal letter and site information, by reference. Panics Present Andrea Petzel, Development Services Exhibit No. 2: Short Plat Map Neil Watts, Development Services Director, City of Renton Ann Nielsen, Assistant City Attorney James V oght, Appellant Keith Demps, Applicant Testimony began with: RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 2 Ann Nielsen, Assistant City Attorney stated that what really was at issued today was a restrictive covenant, this is a King County Restrictive Covenant that emerged in the 1950's and it has been determined that it is a public covenant. As a result, the City of Renton is able to step into this matter and the parties do have jurisdiction to interpret and enforce this restrictive covenant. Current City Code requires 5,000 square foot net, what is really at issue here is the issue of net density versus gross density. Neil Watts as Director, under Code 4.l.080a sub 1 was able to make a determination under that particular code, he will outline how he came to the deterrnination that it was gross and not net. This restrictive covenant is going to impact several different short plat applications in the surrounding area. This is not an appeal of the deterrnination, but of the plat itself. Andrea Petzel, Development Services stated this project was a three lot short plat in the R-8 zone. The prop,,rty address is 630 Momoc Avenue NE. The entire site is surrounded by R-8 zoning to the north, east and south. Across the street the zoning is Industrial -Light, The Renton Technical College. Proposed density would be 7.89 dwelling units/net acre. All three lots would share access via a 26-foot private access easement. Lots 1 and 2 gross size is 6,769 square feet, net size for both lots would be 5,000 square feet, and Lot 3 gross is 6,348 square feet and is unaffected. There are no critical areas on site and 10 significant trees. There is an existing home, which may have been demolished. Mr. Voght stated that one issue generated by the Chen Short Plat is that the City Attorney elected to call the administrative decision as an opinion rather than a decision. The City code requires a minimum lot size, which deducts the access areas. The covenants are speculation until defined and they still call for a 6,000 square foot lot. They do not have a lot of6,000 square feet by the City's own definition, and now suddenly the City is using the terrn "gross" which is not there, there are not two definitions in the code. When the Chen Short Plat appeal was going to be discontinued, it is still a two-lot short plat, there has been no appeal to that and on paper it appears that Chen Short Plat is still a two-lot short plat. It was presumed on the Chen Short Plat that he wanted to stop it, that was not correct. The appeal stated that he was appealing the a<l1ninistrativt.: decision on a short plat that did not have th( correct lot areas. The City's attorney indicated that the administrative decision would be retracted, to date it has not been retracted. He also feels that at the present time the administrative decision is being used for submission of future short plats and the concept of gross as opposed to net. The code should be forrnalized. The City supplied him with inforrnation from King County and how they made their decisions. Andrea Petzel upon questioning by the Examiner stated that the width of Lot 1, north to south, would be 99.53 feet with the 16-foot easement and 64 feet deep. All lots currently meet the code standard of 5,000 square feet net. All lots currently meet the King County restrictive covenant standard of 6,000 square feet gross. They are also 60-feet in width. Upon questioning by Ms. Nielsen, Mr. Voght stated that there are not private easements on the plat, the issue of net or gross would not be raised. It would be a lot of speculation, it would be necessary to find the person that originally approved that plat. He has an opinion as to whether the net or gross lot size should be used for this short plat. Lot 3 on this particular plat, it is a net lot. RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 3 The Examiner stated that if the parties on either side are not satisfied with his decision, it may be appealed to the City Council, if still not satisfied they may go to Superior Court. They Court may then be able to interpret the covenants, they have more jurisdiction and can make changes. Neil Watts, Director Development Services stated that in the area of current land use planning there are some areas that are very difficult to deal with, expansion or alterations of non-conforming uses, vesting, and restrictive covenants are certainly high on the list. Restrictive covenants are not code. Zoning is something the City can change upon the citizens, however, restrictive covenant is something that a property owner elects to do, and in this case those restrictive covenants were placed at the request of the County. The County has elected to treat them as a public restrictive covenant and has gone through the process of eliminating them. They feel they no longer serve a valid purpose. The City has not taken that action, however, those covenants were placed by King County and the City has now taken over the role that the County had in those days and the property owner elected to do that. The restriction that was placed in the 50's is of importance because that is the restriction that is still valid today. Whether the County intended this to be gross area vs. net area, the County to this date does not usc net area calculation for lot sizes. It would be difficult to surmise that in the 50's they were doing that. This decision is different than the Chen decision, they were in error in Chen. Normally net or gross is not used and instead private access easements are subtracted out. These lots meet two standards, by the restrictive covenant they need to be a minimum of 6,000 square feet gross, by the city code standard, which they also need to meet, they need to be a minimum of 5,000 square feet with the access easement deducted. They meet both standards. Upon questioning by Mr. Voght. Mr. Watts stated that on the Chen short plat decision, it was restricted either to reduce it to a two-lot short plat or have the restrictive covenant removed. They did not appeal that decision and after the appeal date the applicant requested further information. It was agreed that for these restrictive covenants the proper application was as gross area. It does not change that short plat decision, the applicant can come in for a new short plat if he elects to do so. The Examiner made a statement about how the Ciiy has changed it code and plats need to have a front yard setback from either a street or a private access of 15 feet. There have been changes since the number of plats that Mr. Voght cited, it is necessary to look at the current code and what this particular plat is proposing. This plat does meet the code requirements. The question is whether these lots meet what a 6,000 foot lot is under the covenants that were done, that is what he must consider. There was extensive discussion on code structure and the meaning of the covenant as it pertains to this short plat and how previous short plats in the same area are not held to these particular restrictions. Ms. Petzel clarified that for proposed Lot 1, the actual depth is 64 feet, which does not meet the minimum requirements of 65 feet. There is a condition of approval that the short plat be redrawn so that lot 1 does meet that requirement. The Examiner stated that Lot l is peculiar, it is a comer lot in some respects. The sheet he had before him shows the width to be 68 .5 feet from Monroe to the east. RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 4 Ms. Petzel stated that there were two short plat drawings that came in and she has it listed as 64 feet. It appears that things have changed. The Examiner continued that it appears that Lot 3 is narrower and is shown as 70 feet and Lot 2 is shown as 66 feet and Lot I as 64 feet. The last page of the printed material is dated July 2007 and is obviously not the plat that they are looking at today. They determined the map that is actually being used to design the project and it was marked Exhibit 2. Ms. Nielsen stated that there was no retraction of the Chen Short Plat, rather she wrote Mr. Voght a letter saying the hearing was going to be mooted, and that his money would be returned. The Chen file has nothing to with the hearing today, it is a totally separate matter. Keith Demps, 11214 148"' SE, Renton 98055 stated that he was unclear, in the standard practice of the City of Renton how do the codes get defined, are they adopted or does the City have a right to make changes to County codes. Mr. Watts stated that all property is rezoned as it comes in from King County, the zone changes to what it currently is in the City. 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 I 0:25 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: I. The appellant, James L. Voght, hereinafter appellant, filed an appeal of an administrative decision approving a short plat. 2. The appeal was filed in a timely manner on November 6, 2007. 3. The appellant lives within a block of the subject site. 4. The City approved a three-lot short plat for property located at 630 Monroe Avenue NE. The short plat is called the RTC Short Plat. 5. The short plat divides the parcel into three Jots arrayed from west to east, creating one Jot on Monroe, Proposed Lot I, with two interior lots, Proposed Lots 2 and 3. The interior lots would be accessed via a 26-foot wide private easement that runs along the north property line and crosses the north portions of Proposed Lot 1 and 2. 6. Proposed Lots I and 2 would each be approximately 6,769 square feet while Proposed Lot 3 would be 6,348 square feet. The easement area for access across Lots I and 2 would be approximately 1,769 square feet on each. If the easement area were subtracted from the full area, Proposed Lots I and 2 would each have approximately 5,000 square feet. R TC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 5 7. Proposed Lots I and 2 are 68.05 feet wide and 68.08 feet wide respectively. Proposed Lot 3 is 63.90 feet wide. The lots are all approximately 99.36 feet deep, their north-south dimension. 8. The appellant alleges that the approval of the RTC short plat violates a restrictive covenant that applies to the subject site. The covenant restriction at issue states: "No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots of this plat are restricted to S-2 Suburban use." 9. The City determined that the underlying covenants cited above still apply to the subject site. They determined that each of the proposed lots meet or exceed the 6,000 square foot minimum required by covenant and all of the proposed Lots are greater than 60 feet wide. 10. The appellant alleges that City Code Section 4-11-120 specifies that a "lot" does not include areas covered by access easements and, therefore, these proposed lots do not comply with the covenants. 11. Section 4-11-120, which contains definitions used in code beginning with the letter "L" states the following: "LOT: A specifically described parcel of land with boundary lines defining the extent of the lot in a given direction. LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels." See LOT TYPES. LOT MEASUREMENTS: A. Lot Depth: Depth of a lot shall be considered to be the average distance between the foremost points of the side lot iines in front (i.e., the points where the side lot lines intersect with the street right-of-way line) and the rearmost points of the side lot lines in the rear. In the case of pipestem lots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. B. Lot Width: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. LOT LINES: The property lines bounding the lot." 12. The Administrator made some earlier decisions on property similarly affected by these or similar covenants. Those earlier decisions are not before this office. It appears from the record and testimony that earlier interpretations or decisions may not have been intended as binding or appealable determinations. This office cannot examine those decisions in this proceeding. R TC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 6 CONCLUSIONS: 1. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-l 10(E)(7)(b ). The appellants have failed to demonstrate that the action of the City should be modified or reversed. The decision is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255,259 (1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. The code defines a lot as "being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements." That definition is used to define the area needed to meet the zoning code's development envelope or development standards for a lot. These lots apparently meet those standards. They are 5,000 square feet (after suhtracting the easement area) and they are approximately 99 feet deep (73 feet deep if one excludes the easement's 26 foot width) and approximately 65 to 68 feet wide. So they meet the developmental regulations and can be developed. But their actual size is determined by their lot dimensions -that is their width and depth without excluding easement areas. Since these three lots are all generally, normal rectangles, then their actual areas would be calculated by multiplying the width and depth dimensions. They are all in excess of 6,000 square feet in area. The fact that an easement crosses the lots and has an impact on how much of the remaining lot is developable docs not define "lot" size. 5. The appellant has failed to demonstrate that an error has been made. The size of the lots is their actual platted size and they are all greater than 6,000 square feet. The fact that the City has determined it wants a certain building envelope for a single-family home to exclude the easement area does not affect the real size of a parcel. It appears that these three lots comply with both the City's current zoning standards and also comply with the underlying covenants. 6. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office can find no reason to reverse the decision below. DECISION: The decision is affirmed and the appeal is denied. ORDERED THIS 18'h of February 2008 HEARING EXAMINER , RTC Short Plat Appeal LUA-07-088, SHPL-A February I 8, 2008 Page 7 TRANSMITTED THIS l 8"' day of February 2008 to the parties of record: Neil Watts Development Services Director City of Renton James Voght 716 Momoe Ave S Renton, WA 98056 Ann Nielsen Assistant City Attorney City of Renton Keith Demps 11214148''SE Renton, WA 98055 TRANSMITTED THIS 18'" day of February 2008 to the following: Mayor Denis Law Dave Pargas, Fire Andrea Petzel Development Services City of Renton Dan Touma 6632 S 191" Place Ste. #EI 02 Kent, WA 98032 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title N, Chapter 8, Section lOOGofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 3, 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 mnst be filed in writing on or before 5:00 p.m., March 3, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be reguired prior to approval by City Council or final processing of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. ~~~ CITY W' RENTON ~~<, Kathy Keolker, Mayor ~NcfO)'--;.__-_..;. __________________ _ Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator July 24, 2007 Mohammad K. Jalalyar MRK Engineering 14218 SE Io"' Street Bellevue, WA 98007 Subject: Chen Short Plat LUA 07-010, SHPL-A Dear Mr. Jalalyar: This Jetter is in response to your request for a determination from the City regarding the restrictive covenant for lots in the Stewarts Highland Acres Tract. These lots are bound to a King County restrictive covenant requiring a minimum lot size of 6,000 square feet and a minimum lot width of 60 feet. Specifically, the restrictive covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet. " Forpurposes of subdivision, the City has determined that the 6,000 square foot minimum can be met by gross, rather than net, lot size. This administrative decision will become finaf if not appealed to the Hearing Examiner by 5:00 p.ni. on August 7, 2007. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, Cjty of Renton, 1055 South Grady Way, Renton, WA 98057. Please contact me or the project manager, Andrea Petzel, at (425) 430-7200 if you have any questions. Sincerely, JJ~( (11~tt; Neil Watts, Director Development Services Division cc: Ruben Chei;i, Owner Andrea Pe~el, Associate Planner Jim Voght, Party of Record . LUA 07-010, SHPL-A -~-----10-55-So_u_th_G_ra_d_y_W_a_y_-~R-en-to--'n-, W-ash-in-gto_n_9-80_5_7~~----~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF TH.E CURVE . <'f~'?:'7> C// ,,. .• :<,:' \ • r tL~,~.;r \ + J. :! J, f; '''\ J... Office of the City Attorney -r ..J~ /-,;-Kathy Kcolker, Mayor Lawrence J. \Varren ,.,/;•.-;;_,-;\,,)·;,·------------------------------·-~·- Senior Assistant City Attorneys Mark Barber Zanetta L. Fontes Assistant City Attorneys October I 9, 2007 Fred Kaufman, Hearing Examiner City of Renton I 055 S. Grady Way Renton, WA 98055 Re: Chen Short Plat!Voght Appeal~ LUA 07-010. SHPL-A Dear Mr. Examiner: Ann S. Nielsen Garmon Newsom 11 Shawn E. Arthur The above-referenced appeal was previously continued and is currently scheduled to resume on Tuesday, October 23, 2007. The City of Renton ("City") had requested a continuance to look into several issues and having done so, the City is now prepared to report the following to the Examiner: The City issued is Administrative Decision on the Chen Short Plat on March 20, 2007. The appeal period for this decision passed with no appeals filed. The Applicant then sent a letter to the City dated July 17, 2007 seeking clarification on an issue in the Administrative Decision. The Development Services Director Neil Watts then send a response to this July 17, 2007 letter dated July 24, 2007. Appellant Voght then filed an appeal based on the answer contained in Mr. Watt's July 24, 2007 Jetter. After careful review, the City has determined that the July 24, 2007 letter was advisory in nature, and therefore, should not have given rise to an appeal. Therefore, Mr. Watts is now retracting that letter which effectively negates the appeal. He will be contacting Mr. Voght to inform him rifthi';_ The statu.s of the Chen plat n0u.1 rem:3.in.s ,.:vith the dedsion an.d conditions set !Orth in the March 20, 2007 report, which were never appealed. 1 1 The Chen Administrative Report Decision's #4 states: "The applicant shall revise and resubmit the short plat plan as a two-lot subdivision, thereby ensuring lot sizes of 6,000 sq. feet (net) and a minimum 60' width; or, remove the restrictive covenant from the plat to allow for a three-lot subdivision." This provision dictates the current status of the Chen's short plat Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 lot short plat) would now result with the withdrawal of the letter and subsequent dismissal of the appeal As to the advisory "interpretation" of gross vs. net issue set forth in Mr. Watt's letter, the City anticipates that this issue will arise again in a new subsequent case which contains similar issues. But, those issues will be addressed in the Administrative Report and assuming a timely appeal is filed against that Report, this gross vs. net issue can be properly addressed before the Hearing Examiner at a later date. Post Office Box 626 -Renton, Washington 98057 -(425) 255-8678 / FAX (425) 255-5474 -~. ~ This paper conta:~s 5D 0/C recvcled rr'.ate, ,a. 30~'> oos1 c:ons, ,m,., ,\HL,\D or Tl-Ii·. CL R\'E Chen/Voght Appeal October 19, 2007 Page 2 Assuming the Hearing Examiner concurs with this assessment, there will be no need to hold the continued hearing on Tuesday. Accordingly, the City respectfully requests that you strike the scheduled hearing. Sincerely, Ann Nielsen Asst. City Attorney cc: James L. Voght, Appellant Mohammad Jalalyar, PE Gregg Zimmerman Neil Watts Andrea Petzel Larry Warren r·· I Hc;,G·' JECLA:s~:. : Fc>l1\Lrl OF PERJURY PURuU~! !D r.HE LA\tVS OF Tl-IE STATE OF WASHIN,,;QI~-THAT I Ml•ILED A COPY OF THIS DOCUMEM ro ALL A ITOf,NEYS OF nECOl1D AND ALL PARTIES, if ANY, NOT REPRESENTED BY COUNSEL ON If ~ / ') 01 , POSTAGE PREPAID. ,J, Ji',_,Z) p/)A/'c,() LARANT James L. Voght 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 November 5, 2007 City of Renton 1055 S. Grady Way Renton, WA 98057 NOTICE OF A ~AL -I 1· TO THE HEARING EXAMINER OF THE CITY OF RENTON Regarding an Appeal of a decision by the Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Appellant: James L. Voght, Party of Record RTC SHORT PLAT LUA-07-088-SHPL-A NOTICE OF APPEAL James L. Voght, as a Party of Record and who lives within 300 feet of this project, appeals the decision of the City of Renton Planning/Building/Public Works Department regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. A copy of the above CITY'S REPORT AND DECISION is attached (October 23, 2007) A copy of City definition of Lot -Page 11-22, 23 and 24 (Revised 12/05) A copy of CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-A] is attached (March 20, 2007)-Letter from City Attorney to Hearing Examiner (10/19/2007)-Letter from City's Neil Watts (7 /24/07) -Copy of Chen Short Plat Appeal RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washington. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feel. All lots in this plat are restricted to S-2 Suburban use. " Renton Municipal Code, page 11-23 (Revised 12/05)-[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels."] NOTICE OF APPEAL -2 I appeal the following underlined portions of the Report and Decision: Report and Decision -F. DEPARTMENT ANALYSIS: There is an existing restrictive covenant on the underlying parcel, which was originally part of the Stewart's Highland Acre Tracts Plat. The covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of60feet." (Not an exact quote from the plat, but close.) (1.) The covenant references King County zoning that was in effect at the time the plat was recorded with the county. In order to remove the restrictive covenant, the applicant would need to seek approval from the other property owners in the plat, or prove that the intent of the County was to comply with whatever the applicable zoning was in place at the given time. Otherwise, the applicant must meet the covenant requirements. (2.) As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square foot lots (as measured by gross lot size), and the required Jot width of 60 feet. Report and Decision -G. FINDINGS: 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. (3.) The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. (1.) "The covenant references King County zoning" is an opinion only. At this time it is a plat restriction. (2.) As proposed, the RTC Short Plat does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. The Renton Municipal Code excludes private access easements from LOT areas. In these calculations the private access easement is included in the LOT areas as shown in Report and Decision-F. d) Lots: Lot size Table on Page 6. (3.) The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. Again, the RMC excludes private access easements from LOT areas. Both (2.) and (3.) are in direct conflict with both the Renton Municipal Code and previous decisions on Short Plats within Stewart's Highlands Acre Tract. Short Plats of Record in Stewart's Highlands Acre Tract 1. Heifa Short Plat -LUA 98-032 SHPL, Lots 1 & 2, Block 2 2. Anicello Short Plat -LUA 96-073 SHPL, Lots 5 & 6, Block 2 3. Jay Hill Short Plat-LUA 03-067 SHPL, Lot 1 & Lot 3, Block 1 4. Chen Short Plat -LUA 07-010 SHPL-A, Lot 2, Block 1 The above 4 Short Plats comply with the Renton Municipal Code as of the dates of their application and Stewart's Highland Acre Tracts restrictive covenant. NOTICE OF APPEAL-3 Reference: Chen Short Plat Report and Decision -J. DECISION: Chen Short Plat, LUA 07-010, SHPL-A 4. The applicant shall revise and resubmit the short plat plan as a two-lot subdivision. thereby ensuring lot sizes of 6,000 square feet (net) and a minimum 60' width; or. remove the restrictive covenant from the plat to allow for a three-lot subdivision. 3/20/07. The Report and Decision was to be appealed by 4/03/07 or it would be final. There is a letter to MRK engineering from the City ( 4/13/07) stating the decision above is final as no appeals have been filed to date for this Short Plat. Chen Short Plat LUA 07-010, SHPL-A (continued) There was an Administrative Decision for the Chen Short Plat (July 24, 2007) in response to the applicant's engineer, stating in part: For purposes of subdivision, the City has determined that the 6.000 square foot minimum can be met by gross, rather than net, lot size. Appeal by 5 pm 8/07 /07 or it will become final. I appealed this decision on August 7, 2007. The City requested and was granted a continuance, rescheduled to October 23, 2007. Friday, October 19, 2007, the City's attorney stated that Mr. Watts was retracting his administrative decision and requested you to strike the scheduled hearing. The letter also stated, The status of the Chen Short Plat now remains with the decision and conditions set forth in the March 20, 2007 report. I received this letter Monday, October 22, 2007 and called your office about the hearing. I discovered you had not received the letter from the City's attorney yet. Later, I was told by your office, that the hearing was canceled. In this letter from the City requesting that the hearing be cancelled, there was a statement that the appealed administrative decision would be retracted. To date, I have not received a letter of retraction. In addition, the letter (footnote I) ... " Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 lot short plat) would now result with the withdrawal of the Jetter and subsequent dismissal of the appeal." This was an incorrect presumption, the appeal was the statement; "that Plat Restrictions for lot size can be met by gross, rather than net, lot size. This appeal is based on the same issue. 1. At the time ofrecordation of the underlying plat, King County did have jurisdiction to require compliance with their Codes in effect at that time. The City requires covenants on their plats, as well. 2. The RTC Short Plat only meets the City ofRenton's R8 Zoning by being revised to a 2-Lot Short Plat as previously determined for the Chen Short Plat OR REMOVE THE RESTRICTIVE COVENANT FROM THE PLAT. 3. Considering the gross lot area for each lot is prohibited by the Renton Municipal Code's definition of a Lot. The restrictions on the face of this Plat have not been removed. As an owner of property in this Plat, I have not even been contacted for an attempt at removal of any restrictions. My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. NOTICE OF APPEAL-4 The RTC Short Plat as a 3-lot short plat does not meet the City's Single-Family Residential R8 Zoning at the present time and will not until such time as the City revises their definition of a lot and/or decides to remove plat covenants from consideration by planners, surveyors and engineers. The appealed Administrative Short Plat Report and Decision dated I 0/23/2007 Report and Decision -F. DEPARTMENT ANALYSIS: " ... As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square feet (M measured by gross lot size) and the required lot width of 60 feet. " The RTC Short Plat does not meet the covenant requirements for 6,000 square feet. Previous decisions by the City exclude private access easements from Lot calculations by definition. Report and Decision -G: FINDINGS 5. Zoning " ••• The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. " The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Hearing Examiner enter an order that this administrative decision be overturned. Respectfully yours, James L. Voght, PLS Appellant CITY OF RENTON City Clerk Division 1055 South Grady Way Renton, WA 98057 425-430-6510 D Cash ~-Check No.__:3=--:::.o.:::~--=O::___ p Copy Fee ,Kt Appeal Fee Receipt 1059 D Notary Service O _________ _ Description: w{''Cjl io Cour1c 1 / o ( L.1//1-07-ZJ'i:F? f.tc.. Funds Received From: Name ~q 1 ,v S L, fl~ /-1/ Address 7/G 1//01( ref A( J/e City/Zip &,, fr_,71, ft/tJ 9'6/)<;{:; I Amount $ 7 S. t> 0 1 1 1 8 1 1 7 3 1 1 I 1 City Clerk's Office Distribution List Appeal, RTC Short Plat LUA-07-088, SHP March 6, 2008 Renton Reporter City Attorney Larrv Warren Citv Council * Julia Medzegian Community and Economic Alex Pietsch Development Rebecca Lind Neil Watts Jennifer Henning Andrea Petzel Stacy Tucker Janet Conklin Larry Meckling Fire Marshall Dave Pargas Fire & Emergency Services I. David Daniels Planning Commission Judith Subia Parties of Record (see attached list) Public Works Department Gregg Zimmerman PW /Transportation Services Peter Hahn PW/Utilities & Tech Services Lys Hornsby LUA-07-088 • *City Clerk's Letter & POR List only AFFIDAVIT OF SERVICE BY MAILING STA TE OF WASHINGTON ) ) ss. County of King ) Nancy Thompson being first duly sworn, upon oath, deposes and states: That on the 18 1h 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: SUBSCRIBED AND SWORN to before me this j Jtiaay of Application, Petition or Case No.: RTC Short Plat Appeal LUA 07-088, SHPL-A ./ ;;1,~;/,2oos. 7 The Decision or Recommendation contains a complete list of the Parties of Record. HEARING EXAMINER'S REPORT , OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPELLANT: APPLICANT: James L. Voght 716 Monroe Ave NE Renton, WA 98056 Keith DemJ;'s 11214 148 Ave SE Renton, WA 98055 RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 PUBLIC HEARING: After reviewing the Appellant's written requests for a hearing and examining available information on file, the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the January 29, 2008 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, January 29, 2008, at 9:25 a.m. m 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: Staff file containing the original appeal letter and site information, by reference. Parties Present: Andrea Petzel, Development Services Exhibit No. 2: Short Plat Map Neil Watts, Development Services Director, City of Renton Ann Nielsen, Assistant City Attorney James Voght, Appellant Keith Demps, Applicant Testimony began with: RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 2 Ann Nielsen, Assistant City Attorney stated that what really was at issued today was a restrictive covenant, this is a King County Restrictive Covenant that emerged in the l 950's and it has been determined that it is a public covenant. As a result, the City of Renton is able to step into this matter and the parties do have jurisdiction to interpret and enforce this restrictive covenant. Current City Code requires 5,000 square foot net, what is really at issue here is the issue of net density versus gross density. Neil Watts as Director, under Code 4. l.080a sub I was able to make a determination under that particular code, he will outline how he came to the determination that it was gross and not net. This restrictive covenant is going to impact several different short plat applications in the surrounding area. This is not an appeal of the determination, but of the plat itself. Andrea Petzel, Development Services stated this project was a three lot short plat in the R-8 zone. The property address is 630 Monroe Avenue NE. The entire site is surrounded by R-8 zoning to the north, east and south. Across the street the zoning is Industrial -Light, The Renton Technical College. Proposed density would be 7.89 dwelling units/net acre. All three lots would share access via a 26-foot private access easement. Lots 1 and 2 gross size is 6,769 square feet, net size for both lots would be 5,000 square feet, and Lot 3 gross is 6,348 square feet and is unaffected. There are no critical areas on site and 10 significant trees. There is an existing home, which may have been demolished. Mr. Voght stated that one issue generated by the Chen Short Plat is that the City Attorney elected to call the administrative decision as an opinion rather than a decision. The City code requires a minimum lot size, which deducts the access areas. The covenants are speculation until defined and they still call for a 6,000 square foot lot. They do not have a lot of 6,000 square feet by the City's own definition, and now suddenly the City is using the term "gross" which is not there, there are not two definitions in the code. When the Chen Short Plat appeal was going to be discontinued, it is still a two-lot short plat, there has been no appeal to that and on paper it appears that Chen Short Plat is still a two-lot short plat. It was presumed on the Chen Short Plat that he wanted to stop it, that was not correct. The appeal stated that he was appealing the administrative decision on a short plat that did not have the correct lot areas. The City's attorney indicated that the administrative decision would be retracted, to date it has not been retracted. He also feels that at the present time the administrative decision is being used for submission of future short plats and the concept of gross as opposed to net. The code should be formalized. The City supplied him with information from King County and how they made their decisions. Andrea Petzel upon questioning by the Examiner stated that the width of Lot 1, north to south, would be 99.53 feet with the 16-foot easement and 64 feet deep. All lots currently meet the code standard of5,000 square feet net. All lots currently meet the King County restrictive covenant standard of 6,000 square feet gross. They are also 60-feet in width. Upon questioning by Ms. Nielsen, Mr. Yoght stated that there are not private easements on the plat, the issue of net or gross would not be raised. It would be a lot of speculation, it would be necessary to find the person that originally approved that plat. He has an opinion as to whether the net or gross lot size should be used for this short plat. Lot 3 on this particular plat, it is a net lot. • ' RTC Short Plat Appeal UJA-07-088, SHPL-A February 18, 2008 Page 3 The Examiner stated that if the parties on either side are not satisfied with his decision, it may be appealed to the City Council, if still not satisfied they may go to Superior Court. They Court may then be able to interpret the covenants, they have more jurisdiction and can make changes. Neil Watts, Director Development Services stated that in the area of current land use planning there are some areas that are very difficult to deal with, expansion or alterations of non-conforming uses, vesting, and restrictive covenants are certainly high on the list. Restrictive covenants are not code. Zoning is something the City can change upon the citizens, however, restrictive covenant is something that a property owner elects to do, and in this case those restrictive covenants were placed at the request of the County. The County has elected to treat them as a public restrictive covenant and has gone through the process of eliminating them. They feel they no longer serve a valid purpose. The City has not taken that action, however, those covenants were placed by King County and the City has now taken over the role that the County had in those days and the property owner elected to do that. The restriction that was placed in the 50's is of importance because that is the restriction that is still valid today. Whether the County intended this to be gross area vs. net area, the County to this date does not use net area calculation for lot sizes. It would be difficult to surmise that in the 50's they were doing that. This decision is different than the Chen decision, they were in error in Chen. Normally net or gross is not used and instead private access easements are subtracted out. These lots meet two standards, by the restrictive covenant they need to be a minimum of 6,000 square feet gross, by the city code standard, which they also need to meet, they need to be a minimum of 5,000 square feet with the access easement deducted. They meet both standards. Upon questioning by Mr. Voght. Mr. Watts stated that on the Chen short plat decision, it was restricted either to reduce it to a two-lot short plat or have the restrictive covenant removed. They did not appeal that decision and after the appeal date the applicant requested further information. It was agreed that for these restrictive covenants the proper application was as gross area. It does not change that short plat decision, the applicant can come in for a new short plat if he elects to do so. The Examiner made a statement about how the City has changed it code and plats need to have a front yard setback from either a street or a private access of 15 feet. There have been changes since the number of plats that Mr. Voght cited, it is necessary to look at the current code and what this particular plat is proposing. This plat docs meet the code requirements. The question is whether these lots meet what a 6,000 foot lot is under the covenants that were done, that is what he must consider. There was extensive discussion on code structure and the meaning of the covenant as it pertains to this short plat and how previous short plats in the same area are not held to these particular restrictions. Ms. Petzel clarified that for proposed Lot I, the actual depth is 64 feet, which does not meet the minimum requirements of 65 feet. There is a condition of approval that the short plat be redrawn so that lot 1 does meet that requirement. The Examiner stated that Lot I is peculiar, it is a comer lot in some respects. The sheet he had before him shows the width to be 68 .5 feet from Monroe to the east. R TC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 4 Ms. Petzel stated that there were two short plat drawings that came in and she has it listed as 64 feet. It appears that things have changed. The Examiner continued that it appears that Lot 3 is narrower and is shown as 70 feet and Lot 2 is shown as 66 feet and Lot 1 as 64 feet. The last page of the printed material is dated July 2007 and is obviously not the plat that they are looking at today. They determined the map that is actually being used to design the project and it was marked Exhibit 2. Ms. Nielsen stated that there was no retraction of the Chen Short Plat, rather she wrote Mr. Voght a letter saying the hearing was going to be mooted, and that his money would be returned. The Chen file has nothing to with the hearing today, it is a totally separate matter. Keith Demps, 11214 148th SE, Renton 98055 stated that he was unclear, in the standard practice of the City of Renton how do the codes get defined, are they adopted or does the City have a right to make changes to County codes. Mr. Watts stated that all property is rezoned as it comes in from King County, the zone changes to what it currently is in the City. 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 10:25 am. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The appellant, James L. Voght, hereinafter appellant, filed an appeal of an administrative decision approving a short plat. 2. The appeal was filed in a timely manner on November 6, 2007. 3. The appellant lives within a block of the subject site. 4. The City approved a three-lot short plat for property located at 630 Monroe Avenue NE. The short plat is called the RTC Short Plat. 5. The short plat divides the parcel into three lots arrayed from west to east, creating one lot on Monroe, Proposed Lot 1, with two interior lots, Proposed Lots 2 and 3. The interior lots would be accessed via a 26-foot wide private easement that runs along the north property line and crosses the north portions of Proposed Lot 1 and 2. 6. Proposed Lots 1 and 2 would each be approximately 6,769 square feet while Proposed Lot 3 would be 6,348 square feet. The easement area for access across Lots 1 and 2 would be approximately 1,769 square feet on each. If the easement area were subtracted from the full area, Proposed Lots 1 and 2 would each have approximately 5,000 square feet. ' R TC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 5 7. Proposed Lots 1 and 2 arc 68.05 feet wide and 68.08 feet wide respectively. Proposed Lot 3 is 63.90 feet wide. The lots are all approximately 99.36 feet deep, their north-south dimension. 8. The appellant alleges that the approval of the RTC short plat violates a restrictive covenant that applies to the subject site. The covenant restriction at issue states: "No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots of this plat are restricted to S-2 Suburban use." 9. The City determined that the underlying covenants cited above still apply to the subject site. They determined that each of the proposed lots meet or exceed the 6,000 square foot minimum required by covenant and all of the proposed Lots are greater than 60 feet wide. 10. The appellant alleges that City Code Section 4-11-120 specifies that a "lot" does not include areas covered by access easements and, therefore, these proposed lots do not comply with the covenants. 11. Section 4-11-120, which contains definitions used in code beginning with the letter "L" states the following: "LOT: A specifically described parcel of land with boundary lines defining the extent of the lot in a given direction. LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels." See LOT TYPES. LOT MEASUREMENTS: A. Lot Depth: Depth of a lot shall be considered to be the average distance between the foremost points of the side lot lines in front (i.e., the points where the side lot lines intersect with the street right-of-way line) and the rearmost points of the side lot lines in the rear. In the case ofpipestem lots, the pipestem portion of the lot shall be ignored for purposes of the calculation of average depth. B. Lot Width: Width of a lot shall be considered to be the average distance between the side lines connecting front and rear lot lines, except for pipestem lots, where the pipestem portion of a lot shall be ignored for purposes of calculating the average width. LOT LINES: The property lines bounding the lot." 12. The Administrator made some earlier decisions on property similarly affected by these or similar covenants. Those earlier decisions are not before this office. It appears from the record and testimony that earlier interpretations or decisions may not have been intended as binding or appealable determinations. This office cannot examine those decisions in this proceeding. RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 6 CONCLUSIONS: 1. The appellant has the burden of demonstrating that the decision of the City Official was either in error, or was otherwise contrary to law or constitutional provisions, or was arbitrary and capricious (Section 4- 8-11 O(E)(7)(b ). The appellants have failed to demonstrate that the action of the City should be modified or reversed. The decision is affirmed. 2. Arbitrary and capricious action has been defined as willful and unreasoning action in disregard of the facts and circumstances. A decision, when exercised honestly and upon due consideration of the facts and circumstances, is not arbitrary or capricious (Northern Pacific Transport Co. v Washington Utilities and Transportation Commission, 69 Wn. 2d 472,478 (1966). 3. An action is likewise clearly erroneous when, although there is evidence to support it, the reviewing body, on the entire evidence, is left with the definite and firm conviction that a mistake has been committed. (Ancheta v Daly, 77 Wn. 2d 255, 259 ( 1969). An appellant body should not necessarily substitute its judgment for the underlying agency with expertise in a matter unless appropriate. 4. The code defines a lot as "being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements." That definition is used to define the area needed to meet the zoning code's development envelope or development standards for a lot. These lots apparently meet those standards. They are 5,000 square feet (after subtracting the easement area) and they are approximately 99 feet deep (73 feet deep if one excludes the easement's 26 foot width) and approximately 65 to 68 feet wide. So they meet the developmental regulations and can be developed. But their actual size is determined by their lot dimensions -that is their width and depth without excluding easement areas. Since these three lots are all generally, normal rectangles, then their actual areas would be calculated by multiplying the width and depth dimensions. They are all in excess of 6,000 square feet in area. The fact that an easement crosses the lots and has an impact on how much of the remaining lot is developable does not define "lot" size. 5. The appellant has failed to demonstrate that an error has been made. The size of the lots is their actual platted size and they are all greater than 6,000 square feet. The fact that the City has determined it wants a certain building envelope for a single-family home to exclude the easement area does not affect the real size of a parcel. It appears that these three lots comply with both the City's current zoning standards and also comply with the underlying covenants. 6. The decision below should not be reversed without a clear showing that the decision is clearly erroneous or arbitrary and capricious. This office can find no reason to reverse the decision below. DECISION: The decision is affirmed and the appeal is denied. ORDERED THIS 18'" of February 2008 HEARING EXAMINER RTC Short Plat Appeal LUA-07-088, SHPL-A February 18, 2008 Page 7 TRANSMITTED THIS 18'" day of February 2008 to the parties of record: Neil Watts Development Services Director City of Renton James Voght 716 Momoe Ave S Renton, WA 98056 Ann Nielsen Assistant City Attorney City of Renton Keith Demps 11214 148t!, SE Renton, WA 98055 TRANSMITTED THIS l 8'h day of February 2008 to the following: Mayor Denis Law Dave Pargas, Fire Andrea Petzel Development Services City of Renton Dan Touma 6632 S 191" Place Ste. #El02 Kent, WA 98032 Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Renton Reporter Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services Pursuant to Title IV, Chapter 8, Section IOOGofthe City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., March 3, 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 IV, 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 writing on or before 5:00 p.m., March 3, 2008. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processing of the file. Yon may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision-maker concerning the proposal. Decision-makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. ,• James L. Voght NOTICE OF. ___ EAL -1 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 November 5, 2007 City of Renton 1055 S. Grady Way Renton, WA 98057 TO THE HEARING EXAMINER OF THE CITY OF RENTON Regarding an Appeal of a decision by the Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Appellant: James L. Voght, Party of Record RTC SHORT PLAT LUA-07-088-SHPL-A NOTICE OF APPEAL ·''' I : , .'. 'p' <t:.C~:.·~,r:-.:· .. , ·,· '.'.:,i::qK'C: 0bCt,;~;:._ 3. !,$-pm Cfo"L. James L. Voght, as a Party of Record and who lives within 300 feet of this project, appeals the decision of the City of Renton Planning/Building/Public Works Department regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. A copy of the above CITY'S REPORT AND DECISION is attached (October 23, 2007) A copy of City definition of Lot -Page 11-22, 23 and 24 (Revised 12/05) A copy of CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-A] is attached (March 20, 2007) -Letter from City Attorney to Hearing Examiner (I 0/19/2007) -Letter from City's Neil Watts (7 /24/07) -Copy of Chen Short Plat Appeal RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washington. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold. or ownership changed or transferred, whereby /he ownership of any portion of this plat shall be less than the area required for the use district slated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " Renton Municipal Code, page 11-23 (Revised 12/05) -[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels."] (J:. LQrrc/ Wo..ue" 1 C.k/ l\ih/ . I'\~ 1 \ I\..,._ 11 \ i~J.f v S.,(IJ v D , u cL.,.-- S \o-,,,,_,, ~ l-\.c.k."'1 , ~ ,\) S,,-'Ll.i . 11, '""'----L "~ , c~ c_t_J::_ NOTICE OF APPEAL -2 I appeal the following underlined portions of the Report and Decision: Report and Decision -F. DEPARTMENT ANALYSIS: There is an existing restrictive covenant on the underlying parcel. which was originally part of the Stewart's Highland Acre Tracts Plat. The covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet. " (Not an exact quote from the plat, but close.) (1.) The covenant references King County zoning that was in effect at the time the plat was recorded with the county. In order to remove the restrictive covenant, the applicant would need to seek approval from the other property owners in the plat, or prove that the intent of the County was to comply with whatever the applicable zoning was in place at the given time. Otherwise, the applicant must meet the covenant requirements. (2.) As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square foot lots (as measured by gross lot size), and the required lot width of 60 feet. Report and Decision -G. FINDINGS: 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. (3.) The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. (1.) "The covenant references King County zoning" is an opinion only. At this time it is a plat restriction. (2.) As proposed, the RTC Short Plat does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. The Renton Municipal Code excludes private access easements from LOT areas. In these calculations the private access easement is included in the LOT areas as shown in Report and Decision-F. d) Lots: Lot size Table on Page 6. (3.) The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of6,000 square feet. Again, the RMC excludes private access easements from LOT areas. Both (2.) and (3.) are in direct conflict with both the Renton Municipal Code and previous decisions on Short Plats within Stewart's Highlands Acre Tract. Short Plats of Record in Stewart's Highlands Acre Tract 1. Heifa Short Plat -LUA 98-032 SHPL, Lots 1 & 2, Block 2 2. Anicello Short Plat -LUA 96-073 SHPL, Lots 5 & 6, Block 2 3. Jay Hill Short Plat -LUA 03-067 SHPL, Lot l & Lot 3, Block 1 4. Chen Short Plat -LUA 07-010 SHPL-A, Lot 2, Block l The above 4 Short Plats comply with the Renton Municipal Code as of the dates of their application and Stewart's Highland Acre Tracts restrictive covenant. / NOTICE OF APPEAL-3 Reference: Chen Short Plat Report and Decision -J. DECISION: Chen Short Plat, LUA 07-010, SHPL-A 4. The applicant shall revise and resubmit the short plat plan as a two-lot subdivision, thereby ensuring lot sizes of 6,000 square feet (net) and a minimum 60' width; or, remove the restrictive covenant from the plat to allow for a three-lot subdivision. 3120107. The Report and Decision was to be appealed by 4103/07 or it would be final. There is a letter to MRK engineering from the City (4/13107) stating the decision above is final as no appeals have been filed to date for this Short Plat. Chen Short Plat LUA 07-010, SHPL-A (continued) There was an Administrative Decision for the Chen Short Plat (July 24, 2007) in response to the applicant's engineer, stating in part: For purposes of subdivision, the City has determined that the 6,000 square foot minimum can be met by gross, rather than net, lot size. Appeal by 5 pm 8107 /07 or it will become final. I appealed this decision on August 7, 2007. The City requested and was granted a continuance, rescheduled to October 23, 2007. Friday, October 19, 2007, the City's attorney stated that Mr. Watts was retracting his administrative decision and requested you to strike the scheduled hearing. The letter also stated, The status of the Chen Short Plat now remains with the decision and conditions set forth in the March 20, 2007 report. I received this Jetter Monday, October 22, 2007 and called your office about the hearing. I discovered you had not received the letter from the City's attorney yet. Later, I was told by your office, that the hearing was canceled. In this Jetter from the City requesting that the hearing be cancelled, there was a statement that the appealed administrative decision would be retracted. To date, I have not received a letter of retraction. In addition, the letter (footnote I) ... " Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 Jot short plat) would now result with the withdrawal of the letter and subsequent dismissal of the appeal." This was an incorrect presumption, the appeal was the statement; "that Plat Restrictions for lot size can be met by gross, rather than net, lot size. This appeal is based on the same issue. I. At the time ofrecordation of the underlying plat, King County did have jurisdiction to require compliance with their Codes in effect at that time. The City requires covenants on their plats, as well. 2. The RIC Short Plat only meets the City ofRenton's R8 Zoning by being revised to a 2-Lot Short Plat as previously determined for the Chen Short Plat OR REMOVE THE RESTRICTIVE COVENANT FROM THE PLAT. 3. Considering the gross lot area for each lot is prohibited by the Renton Municipal Code's definition of a Lot. The restrictions on the face of this Plat have not been removed. As an owner of property in this Plat, I have not even been contacted for an attempt at removal of any restrictions. My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. NOTICE OF APPEAL-4 The RTC Short Plat as a 3-lot short plat does not meet the City's Single-Family Residential R8 Zoning at the present time and will not until such time as the City revises their definition of a lot and/or decides to remove plat covenants from consideration by planners, surveyors and engineers. The appealed Administrative Short Plat Report and Decision dated 10/23/2007 Report and Decision -F. DEPARTMENT ANALYSIS: " ... As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square feet {M_ measured by gross lot size) and the required lot width of 60 feet. " The RTC Short Plat does not meet the covenant requirements for 6,000 square feet. Previous decisions by the City exclude private access easements from Lot calculations by definition. Report and Decision -G: FINDINGS 5. Zoning " ••• The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of6,000 square feet and a minimum width of60feet." The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Hearing Examiner enter an order that this administrative decision be overturned. Respe<;tfully yours, ' . )!~//~ James L. Voght, PLS Appellant COMMENCING AT 9:00 AM, CITY OF RENTON HEARING EXAMINER PUBLIC HEARING January 29, 2008 AGENDA 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. PROJECT NAME: RTC Short Plat Appeal PROJECT NUMBER: LUA-07-088, SHPL-A PROJECT DESCRIPTION: Appeal of administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. PROJECT NAME: Boun Phanny Short Plat (continued from 1/22/08) PROJECT NUMBER: LUA-07-135, SHPL-H PROJECT DESCRIPTION: The applicant is requesting approval of a subdivision (Short Plat) of one parcel of land totalling 57,664 sf (1.324 acres) into lots suitable for single-family residential development. The property is located north of NE 10th St between Chelan and Duvall Avenues NE. The land is currently undeveloped. The proposed subdivision would create 8 lots suitable for single- family residential development, a drainage tract, and public alleys. The density of the plat would be 6.95 dwelling units per net acre, which is within the range allowed by the Residential 8 zone. HEX Agenda 1-29-08.doc November 29, 2007 James Voght 716 Monroe Avenue S Renton, WA 98056 RE: RTC Short Plat Appeal LUA 07-088, SHPL-A Dear Mr. Voght: CIT' OF RENTON Hearing Examiner Fred J, Kaufman The appeal hearing for the above referenced matter has been scheduled for Tuesday, January 29, 2008 at 9:00 a.m. The hearing will take place in the Council Chambers on the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, /l{t,i,<.-u~ltr,,1?4-~--.--" Nancy Thompson Secretary to Hearing Examiner City of Renton cc: Ann Nielsen Assistant City Attorney Neil Watts, Development Services Director Stacy Tucker, Development Services Dan Touma, Touma Engineers Keith Demps, A&D Quality Construction ----IO_S_S_S_ou_th_G_r_a_dy-W-ay---R-e-nt-on-,-W-a-sh-in_gt_o_n_9_8_05-S---(4-2-S)_4_3_0--6S_l_S ____ ~ 6iR) This oaoer contains 50% recvcied material. 30% oost consumer /\HEAD OF THE CURVE ' y James L. Voght 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 November 5, 2007 City of Renton I 055 S. Grady Way Renton, WA 98057 NOTICE C .rPEAL -I TO THE HEARING EXAMINER OF THE CITY OF RENTON Regarding an Appeal of a decision by the Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Appellant: James L. Voght, Party of Record RTC SHORT PLAT LUA-07-088-SHPL-A NOTICE OF APPEAL CITY Of RENTON NOV ii 6 2007 ,'lECEiVED CITY CLERK'S OCFICE 3_ 3$" pme.M James L. Voght, as a Party of Record and who lives within 300 feet ofthis project, appeals the decision of the City of Renton Planning/Building/Public Works Department regarding an ADMINISTRATIVE SHORT PLAT REPORT & DECISION, dated October 23, 2007; that Plat Restrictions for lot size can be met by gross, rather than net, lot size. A copy of the above CITY'S REPORT AND DECISION is attached (October 23, 2007) A copy of City definition of Lot -Page 11-22, 23 and 24 (Revised 12/05) A copy of CITY'S REPORT AND DECISION for Chen Short Plat [LUA-07-010-SHPL-A] is attached (March 20, 2007)-Letter from City Attorney to Hearing Examiner (10/19/2007)-Letter from City's Neil Watts (7/24/07)-Copy of Chen Short Plat Appeal RELEVANT FACTS Legal Description of the RTC Short Plat -LUA-07-088, SHPL-A is as follows: Lot 3, Block 2, Stewart's Highland Acre Tracts as recorded in Vol. 43 of Plats, Page 17, records of King County, Washington. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " Renton Municipal Code, page 11-23 (Revised 12/05)-[LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements. The term shall include "tracts" or "parcels."] CC,.' krr'1 Vvo..rf e" 1 Cli \\-'th/ . i\~J \,\p__-\\s 1 .Dzv S.U-11. ti,,.edvr- 7 I . NOTICE OF APPEAL -2 I appeal the following underlined portions of the Report and Decision: Report and Decision -F. DEPARTMENT ANALYSIS: There is an existing restrictive covenant on the underlying parcel, which was originally part of the Stewart's Highland Acre Tracts Plat. The covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet. " (Not an exact quote from the plat, but close.) (1.) The covenant references King County zoning that was in effect at the time the plat was recorded with the county. In order to remove the restrictive covenant, the applicant would need to seek approval from the other property owners in the plat, or prove that the intent of the County was to comply with whatever the applicable zoning was in place at the given time. Otherwise, the applicant must meet the covenant requirements. (2.) As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square foot lots (as measured by gross lot size), and the required lot width of 60 feet. Report and Decision -G. FINDINGS: 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. (3.) The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. (1.) "The covenant references King County wning" is an opinion only. At this time it is a plat restriction. (2.) As proposed, the RTC Short Plat does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. The Renton Municipal Code excludes private access easements from LOT areas. In these calculations the private access easement is included in the LOT areas as shown in Report and Decision-F. d) Lots: Lot size Table on Page 6. (3.) The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant to lot sizes of 6,000 square feet. Again, the RMC excludes private access easements from LOT areas. Both (2.) and (3.) are in direct conflict with both the Renton Municipal Code and previous decisions on Short Plats within Stewart's Highlands Acre Tract. Short Plats of Record in Stewart's Highlands Acre Tract 1. Heifa Short Plat-LUA 98-032 SHPL, Lots 1 & 2, Block 2 2. Anicello Short Plat -LUA 96-073 SHPL, Lots 5 & 6, Block 2 3. Jay Hill Short Plat -LUA 03-067 SHPL, Lot 1 & Lot 3, Block 1 4. Chen Short Plat -LUA 07-010 SHPL-A, Lot 2, Block 1 The above 4 Short Plats comply with the Renton Municipal Code as of the dates of their application and Stewart's Highland Acre Tracts restrictive covenant. NOTICE OF APPEAL-3 Reference: Chen Short Plat Report and Decision -J. DECISION: Chen Short Plat, LUA 07-010, SHPL-A 4. The applicant shall revise and resubmit the short plat plan as a two-lot subdivision, thereby ensuring lot sizes of 6,000 square feet (net) and a minimum 60' width; or, remove the restrictive covenant from the plat to allow for a three-lot subdivision. 3/20/07. The Report and Decision was to be appealed by 4/03/07 or it would be final. There is a letter to MRK engineering from the City ( 4/13/07) stating the decision above is final as no appeals have been filed to date for this Short Plat. Chen Short Plat LUA 07-010, SHPL-A (continued) There was an Administrative Decision for the Chen Short Plat (July 24, 2007) in response to the applicant's engineer, stating in part: For purposes of subdivision, the City has determined that the 6,000 square foot minimum can be met by gross, rather than net, lot size. Appeal by 5 pm 8/07 /07 or it will become final. I appealed this decision on August 7, 2007. The City requested and was granted a continuance, rescheduled to October 23, 2007. Friday, October 19, 2007, the City's attorney stated that Mr. Watts was retracting his administrative decision and requested you to strike the scheduled hearing. The letter also stated, The status of the Chen Short Plat now remains with the decision and conditions set forth in the March 20, 2007 report. I received this letter Monday, October 22, 2007 and called your office about the hearing. I discovered you had not received the letter from the City's attorney yet. Later, I was told by your office, that the hearing was canceled. In this letter from the City requesting that the hearing be cancelled, there was a statement that the appealed administrative decision would be retracted. To date, 1 have not received a letter ofretraction. In addition, the letter (footnote I) ... " Presumably, the likely desired outcome sought by Mr. Voght in this appeal (to prevent the platting of the 3 lot short plat) would now result with the withdrawal of the letter and subsequent dismissal of the appeal." This was an incorrect presumption, the appeal was the statement; "that Plat Restrictions for lot size can be met by gross, rather than net, lot size. This appeal is based on the same issue. I. At the time of recordation of the underlying plat, King County did have jurisdiction to require compliance with their Codes in effect at that time. The City requires covenants on their plats, as well. 2. The RTC Short Plat only meets the City ofRenton's R8 Zoning by being revised to a 2-Lot Short Plat as previously determined for the Chen Short Plat OR REMOVE THE RESTRICTIVE COVENANT FROM THE PLAT. 3. Considering the gross lot area for each lot is prohibited by the Renton Municipal Code's definition of a Lot. The restrictions on the face of this Plat have not been removed. As an owner of property in this Plat, I have not even been contacted for an attempt at removal of any restrictions. My understanding is that the restrictions and covenants on the face of Plats of Record are binding until they are removed by a judicial decision. NOTICE OF APPEAL-4 The RTC Short Plat as a 3-lot short plat does not meet the City's Single-Family Residential R8 Zoning at the present time and will not until such time as the City revises their definition of a lot and/or decides to remove plat covenants from consideration by planners, surveyors and engineers. The appealed Administrative Short Plat Report and Decision dated 10/23/2007 Report and Decision -F. DEPARTMENT ANALYSIS: " ... As proposed, the RTC Short Plat does meet the covenant requirements for 6,000 square feet {M_ measured by woss lot size) and the required lot width of 60 feet. " The RTC Short Plat does not meet the covenant requirements for 6,000 square feet. Previous decisions by the City exclude private access easements from Lot calculations by definition. Report and Decision -G: FINDINGS 5. Zoning " ••• The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. " The development does not comply with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. The lot areas are not 6,000 square feet when the private access easement is excluded. Based on the foregoing facts and arguments, Appellant James L. Voght, requests that the Hearing Examiner enter an order that this administrative decision be overturned. ~~"; CITY ( ;, RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator ;1,~<;: Kathy Keolker, Mayor ~Nct0'}1------------------------- October 29, 2007 Dan Touma Touma Engineers 6632 S. 191 st Place Suite #E-102 Kent, WA 98032 Subject: Comments from Property Services -RTC Short Plat City of Renton File LUA 07-88, SHPL-A Dear Mr. Hopper: As per the notation in the Report and Decision dated October 23, 2007, enclosed are the comments from the City's Property Services Department. These comments will guide you in the preparation of the short plat for recording. If you have any questions feel free to contact me at (425) 430-7270. Sincerely, Andrea Petzel, Planner Development Services Division Enclosure cc: , Mil ti lll1115ST1Ji JI U Keith Demps, Owner ------l-0-55_S_o_u_th_G~ra-d_y_W_a_y---R.-n-to_n_, W-as-hi-ngto-n-98-0-57-----'---~ ~ @ This paper contains 50% recycled material. 30% post =~mer AHEAD OF THE CURVE • Oi::vl:; cfft1.11:1yr Op/:/. P1 ~ •. 'l:fVroYl\//tvG ocr tv 2 6 20i CITY OF RENTON /if:CJ:J 'Ol PLANNING/BUILDING/PUBLIC WORKS Vf:D DATE: TO: FROM: SUBJECT: MEMORANDUM October 18, 2007 Andrea Petzel Sonja J. Fesser ~ RTC Short Plat, LUA-07-088-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: None. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-07-088-SHPL and LND-20-0498, respectively, on the drawing, The type size for the land record number should be smaller than that used for the land use action number. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. The symbol, used to show what was set, is not noted on the short plat drawing. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note all easements, covenants and agreements of record on the drawing, if any. Note the plat name and lot numbers of the properties to the east, north and south of the subject parcel. \H·\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0498\RV07 l018.doc ' October 26, 2007 Page 2 The city will provide addresses for the proposed lots as soon as possible. Note said addresses on the short plat drawing. On the final short plat submittal, remove all references to trees, utilities facilities, topog lines and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove the building setback lines noted on the short plat lots. Setbacks will be determined at the time that building permits are issued. Do note encroachments. Remove all references to zoning and density from the final short plat submittal. Remove the "OWNER" and "ENGINEER/SURVEYOR" blocks from the drawing. Include the north arrow and scale for the vicinity map. The City of Renton Administrator of Plarning/Building/Public Works is the only city official who signs this short plat. Provide an appropriate approval block and signature line. Pertinent King County approval blocks also need to be noted on the drawing. All vested owner(s) of the subject short plat need to sign the final short plat drawing. Include notary blocks as needed. Include a declaration block on the drawing. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. Is the J 5' wide water easement (Lot 3) a new easement or existing easement' Is it public or private? If new, carefully read the following paragraphs. The new 26' easement for ingress, egress and utilities is shown for the benefit of future owners of the proposed lots. Note on the drawing the following statement: "Area for private 26' ingress, egress and utility easement". Since the new lots created via this short plat are under common ownership at the time of recording, there can be no new easement established until such time as ownership of the lots is conveyed to others, together with and/or subject to specific easement rights. Add the following Declaration of Covenant language on the face of the subject drawing, ![the previous paragraph applies: DECLARATION OF COVENANT: H:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Short Plats\0498\RV07 l O 18.doc\cor October 26, 2007 Page 3 The owners of the land embraced within this short plat, in return for the benefit to accrue Ji-om this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future purchasers of the lots, or of any subdivisions thereof This covenant shall run with the land as shown on this short plat. The private ingress, egress and utility easement requires a "New Private Easement for Ingress, Egress and Utilities Maintenance Agreement" statement. Note the attachment on the drawing. See the attachment for circled items that needs to be corrected. Fee Review Comments: The Fee Review Sheet for this review of the preliminary short plat is provided for your use and information. H:\File Sys\LND -Land Subdivision & Surveying Records\LND-20 -Sho11 Plats\0498\RY07 l018.doc\cor NE 9TH PL LJ NE 8TH , _ y ·-7TH ST / -SITE NE 7TH PL w w z NE 6TH PL z ~ ~ <( w z 0 z :';' NE 6TH ST z <( w <( w ...J ::, '"' 0:: w 0 0 ;z Ct: z 0 ::; NE 4TH STREET V SHORT PLAT DATA TOTAL SHORT PLAT AREA 19,886 sq. ft. NUMBER OF LOTS PROPOSED -3 ZONE = R-8 J w z ~ < z 0 z ::, SMALL LOT AREA = 6,368 sq.ft. 7 DENSITY = 7.92 DU/ACRE ... · ' PROPOSED SQUARE FOOTAGE OF .NE) LOTS 1 -6,368 sq.ft GROSS -4,704 sq.ft. NET 2 -6,562 sq.ft GROSS -4,843 sq.ft. NET 3 -6,956 sq. ft PRIVATE 26' EASEMENT -3,380 sq.ft OWNER __ ~ ~'f' A & D QUALITY ~NS~ co . LLC 202 SW SUNSET BLVD. 202 RENTON, WASHINGTON 98057 425-271-7751 ENGINEER / SURVEYOR TOUMA ENGINEERS & LAND SURVEYORS 6632 S 191st PLACE SUITE E -102 KENT, WASHINGTON 98032 (425) 251-0665 ' ' ' ' w z I I V> /1: 0 Vl I 0 w i_;,: d fi I Lil.I : -f./,}-j z I :-_ __:_ ,~,/_· 0 I j --(1)-" •. -.. ::E / i =1 i rr, ' -V> LO v, ~I ro lO v =, (0 ii ~.:. ,' (]11 I : \ 0,1; .. : \ i l ' I . -~Q: !J_( ~ I ) / ;l.df,,-,' - !=c:1 I ,.. 1 ~ :/: ! :1 ' ;£1 I j I -I / I en • 1 L b I• !J) I ( 0 '· (f) (.Q ,n ~ V) (() VI (t_i r-,"' ~ (/) VI : I t'l I ) PROJ'ERTY SI -CES FEE REVIEW FOR SUBDIVISION:· . 2007 -__ 4:o~-- RECEIVED FROM (date) JOB ADDRESS: __ .G50.\-.10J....1BQE".. AVE...b.i.S"._ --~--------WO#_~U'J_C?S_ _____ _ NATURE OF WORK: ,3-i ClT" oHaF<.IEt.A:Ii~TCE;HORf Pl Af:) _ LND#-2,Q_-o4-"l8 _____ _ X PRELIMINARY REVIEW OF SUllDIViSIDNBYWNG PLAT, NEED1110RE INFORMATION: --LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN, ETC. PJD #'s VICINITY MAP ·-FINAL REVIEW OF SUBDIVISION, THIS REVIEW REPLACES SQUARE FOOTAGE --OTHER PRELIMINARY FEE REVIEW DATED FRONT FOOTAGE SUBJECT PROPERTY PARENT PJD#_-80J 1100085 NEW KING CO. TAX ACCT.#(s) are required when assigned by King County. It is the iment of this development fee analysis to put the developer/owner on notice, that the fees quoted below may be applicable to the subject site upon developmenc of the property. All quoced fees are potential charges that may be due and payable at the time the construction permit is issued to install the on-site and off-site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SOC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject Lo change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. The existing house on SP Lot #~--' addressed as has not previously paid -~-~ SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. Th D II e o owrn!! auoted fees do NOT include insnection fees, side sewer verrnits, r/w permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL METIIODOF ASSESSMENT ASSESSMENT DISTRICTS NO, NO. ASSESSMENT UNITS OR FEE Latecomer Aereement (pvt) \\' ATER , ----) Latecomer Aereement WASTEWATER 8t;;;c,,j. 4 °"'""·=--s X 7'1o :i, 10,ocr5_90 Latecomer Aereement (ovt) OTHER l~e:-BT< 15<) f<> '., Soecial Assessment District/WATER EAST R~ 11-J . = o~o 9 '1131<,.,.80 X l.11-JITS 3 °'95o.4t' Soecial Assessment District/WASTEWATER Joint Use A~reement (METRO) Local Improvement District • Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATION FUTURE OBLIGATIONS I SYSTEM DEVELOPMENT CHARGE -WATER --Estimated # OFUNITS/ SDC FEE -Pd Prev. Partially Pd (Ltd Exemntion) .. Never Pd SQ. FTG. Sinele family residential $1,956/unit x ? .<t. '<_qi "'.o- Mobile home dwelline unit $1,956/unit in oark - Aoartment, Condo $1,174/unit not in CD or COR zones x Commercial/Industrial, $0.273/sq. ft. of prooerty (not less than $1,956.00) x Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE -WASTEWATER --Estimated ·-Pd Prev. Partially Pd (Ltd Exemntion) ·-Never Pd Sinele familv residential $1,017/unit x .., Mobile home dwellinE!: unit $1,017/unit x Apartment. Condo $610/unit not in CD or COR zones x Commercial/Industrial $0.142/so. ft. of oronertv x(not less than $1,017.00) SYSTEM DEVELOPMENT CHARGE -SURFACEW ATER --Estimated .. Pd Prev. --Partially Pd (Ltd Exemntion) --Never Pd Simzle familv residential and mobile home dwellinl! unit $759/unit x '7 .. All other properties $0.265/sq ft of new impervious area of property x (not less than $759. 00) I PRELIMINARY TOTAL $ $"" ""-' .......... '? l,S/Q.= 1q 527 "-0 ~ • H "' 0 0 ..., property is within an LID, it is developers responsibility to check with the Finance Dept. for paid/un~paid status. Square footage figures are taken from the King County Assessor's map and are subject to change. Current City SDC fee charges apply to------------------- EFFECTIVE January 2, 2006 City of. __ ,,ton Department of Planning I Building I Pub/i _ ,arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT'.P,..-o~J,-""' $v<.-S. COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Demps PROJECT MANAGER: Andrea Petzel PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Henninaer SITE AREA: 19,886 square feet BUILDING AREA /orossl: N/A LOCATION: 650 Monroe Ave NE I WORK ORDER NO: 77795 SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minar Major Information Impacts Impacts Necessary Earlh Housina Air Aesthetics Water LinhUG/are Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airporl Environment 10,000 Feet 14,000 Feet 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 Date REPORT & DECISION A. REPORT DA TE: Project Name Owner! Contact: File Number Project Description Project Location Project Location Map City of Renton SUMMARY AND PURPOSE OF REQUEST: October 18, 2007 RTC Short Plat Owner: Keith Demps, A& D Quality Construction, (425) 271-7751 Contact: Dan Touma, Touma Engineers, (425) 251-0665 LUA 07-088, SHPL-A Project Manager Andrea Petzel, Associate Planner Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.89 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. 630 Monroe Avenue, NE REPORT City of Renton & Department of Planning I Building I Public Works DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST: REPORT DATE: October 23, 2007 Project Name RTC Short Plat Owner! Contact: Owner: Keith Demps, A& D Quality Construction, (425) 271-7751 Contact: Dan Touma, Touma Engineers, (425) 251-0665 File Number LUA 07-088, SHPL-A I Project Manager: I Andrea Petzel, Associate Planner Project Description Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.89 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. Project Location 630 Monroe Avenue, NE ,•;.... :;f." ' : ~ ·:g w ~ l ~ E' , Project Location Map City of Renton PIBIPW Department Administrative Land Use Action RTC Short Plat REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A B. GENERAL INFORMATION: 1. 2. Owners of Record: Zoning Designation: Keith Demps, 202 SE Sunset Blvd. E. 102, Renton, WA 98057 Residential -8 (R-8) dwelling units/acre (du/ac) 3. Comprehensive Plan Land Use Designation: Residential Single Family (RSF) 4. Existing Site Use: Existing single family residence to be demolished 5. Neighborhood Characteristics: North: Single Family Residential (R-8 zone) East: Single Family Residential (R-8 zone) South: Single Family Residential (R-8 zone) West: Industrial Light (IL) 6. 7. Access: Gross Site Area: Via private access easement off of Monroe Avenue, NE 19,886 square feet/0.46 acres C. HISTORICAIJBACKGROUND: Action Annexation Comprehensive Plan Zoning D. PUBLIC SERVICES: 1. Utilities: Land Use File No. N/A N/A N/A Ordinance No. 1475 5099 5100 Date 03/16/1954 11/01/2004 110/1 /2004 Page 2 Water: The site is within the City of Renton water service area. There is an 8-inch watermain within the existing roadway (Monroe Avenue, NE). The project site is located in the 656-water pressure zone. Fire flow available to the site is approximately 3,000 gpm. Static water pressure is approximately 77 psi. Sewer: Storm Water: 2. Streets: There is an existing 8-inch sewer main adjacent and available to serve the site. Storm drainage pipelines and conveyance systems are located within the existing roadway. There is currently a paved and partially improved public right-of-way along the frontage of this site. 3. Fire Protection: City of Renton Fire Department E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-070: Landscaping City of Renton PIB!PW Department Administrative Land Use Action RTC Short Pia t REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A Section 4-4-130: Tree Cutting and Land Clearing Regulations 3. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations Section 4-7-070: Detailed Procedures for Short Subdivisions Section 4-7-120: Compatibility with Existing Land Use and Plan-General Requirements and Minimum Standards Section 4-7-150: Streets-General Requirements and Minimum Standards Section 4-7-170: Residential Lots-General Requirements and Minimum Standards 4. Chapter 9 Procedures and Review Criteria F. DEPARTMENT ANALYSIS: 1. Project Description/Background Page3 The applicant, Keith Demps, proposes to subdivide a 0.46-acre (19,986 square foot) parcel into three lots for the development of three new single-family homes. The existing single-family residence was recently demolished. The site is zoned Residential-8 (R-8) dwelling units/acre (du/ac), and is located east of Monroe Avenue NE and north of NE 7'" Place. Access to the proposed lots would be provided via a private access easement from Monroe Avenue NE, extending across the depth of Lots 1 and 2. Residential density would be 7.89 dwelling units/acre. The project site is essentially level, sloping gently to the southeast at about 4%. The site is vegetated with shrubs, groundcover and 1 O significant trees. There are no critical areas onsite. There is an existing restrictive covenant on the underlying parcel, which was originally part of the Stewart's Highland Acre Tracts Plat. The covenant states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet." The covenant references King County zoning that was in effect at the time the plat was recorded with the county. In order to remove the restrictive covenant, the applicant would need to seek approval from the other property owners in the plat, or prove that the intent of the County was to comply with whatever the applicable zoning was in place at the given time. Otherwise, the applicant must meet the covenant requirements. As proposed, the RTC Short does meet the covenant requirements for 6,000 square foot lots (as measured by gross lot size), and the required lot width of 60 feet. 2. Environmental Review Pursuant to WAC 197-11-800(6)(a) this short plat is exempt from Environmental Review (SEPA) 3. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 4. Consistency Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision-makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Mao. Lands in the RSF designation are intended for quality residential detached development organized into neighborhoods at urban densities. It is intended that larger subdivision, infill development, and rehabilitation of existing housing be carefully designed to enhance and improve City of Renton P!BIPW Department Administrative Land Use Action RTC Short Plat Page4 REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL·A the quality of single-family living environments. The proposal is consistent with the following Comprehensive Plan Land Use and Community Design Element policies: Policy LU-147. Net development densities should fail within a range of 4.0 to 8.0 dwelling units per acre in Residential Single Family neighborhoods. The proposed project for three lots would arrive at a net density of 7.92 dwelling units per net acre, which is within the density range permitted. Policy LU-148. A minimum lot size of 5,000 square feet should be allowed on in-fill parcels of fess than one acre (43,560 sq. ft.) in single-family designations. Allow a reduction on lot size to 4,500 square feet on parcels greater than one acre to create an incentive for aggregation of land. The minimum lot size is not intended to set the standard for density in the designation, but to provide flexibility in subdivision/plat design and facilitate development within the allowed density range. All of the proposed lots exceed the minimum lot size of 5,000 square feet, net and gross. 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. The proposed new lots would meet the required lot size, width, and setbacks to create sufficient front, rear, and side yard areas. Future structures would comply with setback requirements. Policy LU-154. Interpret development standards to support new plats and infill project designs incorporating street locations, Jot configurations, and building envelopes that address privacy and quality of fife for existing residents. The proposed lots are rectangular in shape; each lot would be oriented such that all of the lots would have access to a public right-of-way via a private access easement. Approval of this application would not decrease the quality of life for residents in the immediate vicinity. Policy CD-12. Infill development, defined as new short plats of nine or fewer Jots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods. The proposed short plat would subdivide an existing parcel into three lots. It is anticipated that new residences would be constructed on all three lots, updating the housing stock in the existing neighborhood. b} Compliance with the Underlying Zoning Designation The allowed density range in the R-8 zone is a minimum of 4.0 to a maximum of 8.0 dulac. Net density is calculated after the deduction of sensitive areas, areas intended for public right-of-way, and private access easements. A total of 3,540 square feet will be deducted for an access easement across Lots 1 and 2, reducing the net area to 16,346 square feet (0.38 acres). The proposal for three lots on 0.38 acres arrives at a density of 7.89 dwelling units per acre, which falls within the permitted density range for the R-8 zone. Lots over 5,000 square feet in the R-8 zone are allowed lot coverage of 35 percent or 2,500 square feet, whichever is greater. The existing house on Lot 1 was recently demolished, and the lot coverage calculation for all three lots would be verified at the time of building permit review. It appears that the three proposed lots have adequate area to meet building lot coverage requirements. The required setbacks in the R-8 zone are as follows: front yard is 15 feet for the primary structure and 20 feet for an attached garage, side yard is 5 feet, side yard along a street (including the access easement) is 15 feet for the primary structure and 20 feet for an attached garage and the rear yard is 20 feet. All three proposed lots have adequate area to meet setback requirements. The parking regulations require that detached dwellings provide a minimum of two off-street parking spaces. As proposed, each lot would have adequate area to provide two off-street parking spaces. Compliance with the parking requirements will be verified at the time of building permit review. City of Renton PIB!PW Department Administrative Land Use Action RTC Short Plat Page S REPORT AND DECISION DATED October 23, 2007; LUA 07-088, SHPL-A c) Community Assets The entire site is vegetated with grass, shrubs and 10 large coniferous and deciduous trees. The regulations regarding tree protection/retention require that trees on developable lots be maintained to the maximum extent feasible, and they permit the City to require the replacement of trees that would implement the intent of the regulations. The Development Services Director has made a determination that to comply with these requirements, 25 percent of all protected trees shall be retained or replaced. Of the 10 existing trees, four are proposed to remain; three willows in the front yard of Lot 1 and one deciduous tree in the rear yard of Lot 3. This results in a retention rate of 40 percent and complies with the Director's determination and City regulations. In order to preserve and protect the trees during utility and building construction, Staff recommends as condition of approval that the trees be fenced off around the drip line and signs posted that the trees are to be preserved. Staff also recommends as a condition of approval that the applicant submit a revised tree inventory plan, and that all protected trees be drawn on the utility construction plan sheets. These revisions are due prior to the issuance of any utility construction permits. The City's landscaping regulations require the installation of landscaping within the public right-of- way. The minimum amount of landscaping required for sites abutting an arterial public street is 10 feet provided that if there is additional undeveloped right-of-way in excess of 10 feet, this shall also be landscaped. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. In addition, the applicant will be required to plant two ornamental trees, a minimum caliper of 1-1/2 inches (deciduous) or 6 -8 feet in height (conifer}, within the 15- foot front yard setback area for the proposed lots. Existing landscaping may be used to augment the required landscaping. A conceptual landscape plan was submitted with the short plat application. The landscaping plan adequately addresses the required landscaping along Monroe Avenue and the required trees in the front yard. However, the plan shows five feet of landscaping on the south side of the access easement, rather than on the north side of the easement, where it should be located to provide a clear buffer between the existing neighbor's fence and the beginning of the pavement for the access easement. Therefore, as a condition of approval staff recommends that the applicant submit a revised landscape plan with the five feet of landscaping relocated between the north property line (neighbor's fence) and the start of the pavement. This will allow for adequate protection of the neighboring fence, and comply with the intent of the landscaping regulations. All landscaping would be installed prior to final recording. If applicable, fence details should be included in the landscape plan. Allowable fence height is 48" in the front yard (42" in clear vision areas}, and 72" in the rear and side yards. Side yards begin fifteen feet back from the front property line. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. Monroe Avenue NE is classified as Minor Arterial on the City's Arterial Street Map. There is a paved and partially improved public right-of-way along the Monroe Avenue NE. Currently, no sidewalk exists onsite, and will be required. The proposed short plat is anticipated to generate additional traffic on the City's street system. In order to mitigate transportation impacts, staff recommends a condition of approval be placed on the project requiring a Transportation Mitigation Fee based on $75.00 per net new average daily trip attributed to the project. Two new lots (credit given for the previously existing residence) are each expected to generate approximately 9.57 new average weekday trips. The fee for the proposed short plat is estimated at $1,435.5 ($75.00 x 9.57 trips x 2 lots = $1,435.50) and is payable prior to the recording of the short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. The City of Renton PIBIPW Department Administrative Land Use Action RTC Short Plat Page 6 REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A lots are generally rectangular in shape and have direct access to a public street. Proposed size, depth and width are as follows: Lot Size lnross\ Lot Size /net\ Deoth Width Lot 1 6,789 SF 5,001 SF 64.00 feet 99.53 feet Lot 2 6,769 SF 5,000 SF 99.47 feet 68.08 feet Lot 3 6,348 SF 5,390 SF 99.42 feet 63.87 feet All three lots confirm to the current lot standards of 5,000 square feet. In addition, the underlying parcel is bound by a King County restrictive covenant for the Stewart's Highland Acre tract that states: "No lot or portion of a lot shall be divided and sold or resold or ownership changed or transferred whereby the ownership of any portion of this plat shall be less than 6,000 square feet for suburban S-2 use, with a minimum lot width of 60 feet." All three lots meet the requirement for this restrictive covenant based on measurement of the gross lot size, and minimum width. The minimum lot width required in the R-8 zone is 50 feet for interior lots. The minimum lot depth is 65 feet. The dimensions of the proposed lots meet the minimum width requirements and are compatible with other existing lots in this area under the same R-8 zoning classification. Lots 2 and 3 meet the minimum lot depth requirement, but Lot 1 does not. Staff recommends as a condition of approval that the applicant revise and resubmit the short plat plan so that all three lots meet the minimum lot depth requirement of 65 feet, which would be possible if the lot lines are reconfigured. The lots appear to contain adequate building areas for the construction of suitable single-family residences when taking setbacks and lot coverage requirements into consideration. These requirements will be reviewed at the time of building permit application. Based on orienting the proposed subdivision to blend with the surrounding neighborhood, Staff recommends the following conditions regarding lot orientation: The front yard for proposed Lot 1 would face west towards Monroe Avenue, NE; the front yard for proposed Lot 2 would face north towards the access easement; and, the front yard for proposed Lot 3 would also face north. The rear yard for each of the lots is required to be opposite the front yard. The proposed lots would be able to meet setback requirements, and would be verified at the time of building permit review. e) Reasonableness of Proposed Boundaries Access: Each lot would have access to a public right-of-way (Monroe Avenue, NE) via a 26-foot access easement; 20 feet of the access easement must be paved. This reduces the amount of curb cuts required. Curb cuts are required to be five feet from the neighboring property line. Topography: The topography of the subject site slopes gently to the southeast at about a 4% grade. Relationship to Existing Uses: The properties surrounding the subject site are single-family residences and are designated R-8 du/ac on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage residential infill development. f) A v;1i/ability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide Code required improvements and fees. A Fire Mitigation Fee, based on $488.00 per new single-family lot with credit given for the previously existing single-family residence, is recommended in order to mitigate the proposal's potential impacts to City emergency services. The fee is estimated at $976.00 ($488.00 x 2 new lots = $976.00) and is payable prior to the recording of the short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Based on the student generation factor, the proposed short plat would result in 0.88 additional students (0.44 X 2 lots= 0.88) to the local schools. The Renton City of Renton PIBIPW Department Administrative Land Use Action RTC Short Plat Page 7 REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A School District has stated that it can accommodate any additional students generated by this proposal at the following schools: Highlands Elementary, Dimmitt Middle School and Renton High School. Water: This project will be required to provide domestic water service to serve the new lots. The applicant shall install a new 8-inch watermain extension in a 15-foot watermain easement along the north property line extended to the east property line of the proposed development. An additional fire hydrant will also be required to be installed as a part of the development. System development charges are $1,956 per unit (estimated to be $3,912.00). These fees are collected at the time a utility construction permit is issued. All plats are required by City Code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. If the proposed single-family structures exceed 3,600 square feet, the minimum fire fiow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. A fire hydrant will be required to be installed by this project. The new and existing fire hydrants must meet all current City of Renton standards. Sewer: The two new lots will be required to install new side sewer stubs; dual side sewers are not allowed. The sewer stub for the underlying parcel lot shall be capped at the property line and the applicant shall install a new 4-inch stub to the home. System development charges are $1,017.00 per unit, with credit given for the existing lot (estimated fee: $2,034.00). The parcel is located in the East Renton Special Assessment District, which requires a $316.80 fee for the new connection. The site is also located in the Monroe Avenue NE Special Assessment District and the applicant shall pay an assessment fee of $10,095.90. All fees are to be paid prior to the issuance of a utility construction permit. Storm Water: Underlying soils are listed as type "C", which is usable for roof infiltration. There are storm drainage facilities in Monroe Avenue NE. A drainage report was submitted with the application. The runoff from the new house must infiltrate per a design by a Professional Engineer (PE) or be tightlined into the storm drainage system or other options as listed in and in accordance with the 1990 King County Drainage manual. The Surface Water System Development Charges are based on a rate of $759.00 per new single- family lot and is estimated to be $1,518.00. Payment of this fee will be required prior to issuance of utility construction permit. 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 proiect. A silt fence shall be in place before clearing and grading is initiated; this will be required during the construction of both off-site and on-site improvements as well as building construction. Due to the potential for erosion to occur during project construction, staff recommends as a condition of approval that the project be required to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the current edition of the Stormwater Management Manual. G. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the RTC Short Plat, File No. LUA 07-088, SHPL-A. 2. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of the Residential Single Family (RSF) land use designation. 4. Zoning: The proposal as presented complies with the zoning requirements and development standards of the R-8 zoning designation, provided all advisory notes and conditions of approval are complied with. The development also complies with the Stewart's Highlands Acre Tract restrictive covenant that binds the plat to lot sizes of 6,000 square feet and a minimum width of 60 feet. City of Renton P/8/PW Department RTC Short Plat REPORT AND DECISION DA TEO October 23, 2007; LUA 07-088, SHPL-A Administrative Land Use Action Page 8 5. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include: North: Residential Single Family (zoned R-8); East: Residential Single Family (zoned R-8); South: Residential Single Family (zoned R-8) and Industrial Light (IL); and West: Residential Single Family (zoned R-8). 7. Setbacks: The setbacks for new residences in the R-8 zone would be verified at the time of building permit review. 8. System Development Charges: A Water System Development Charge, a Surface Water System Development Charge and a Sewer System Development Charge, at the current applicable rates, will be required for the each new single-family residence as part of the construction permit. 9. Special Assessment District Fees: The subject site is located in the East Renton and the Monroe Avenue NE Special Assessment Districts. Fees are estimated to be $316.80 and $10,095.90 respectively, and are payable prior to the issuance of a utility construction permit. 10. Public Utilities: The applicant will be required to install individual sewer and water stubs to serve the new lots. In addition, any existing and new fire hydrants must be fitted with 5" quick disconnect Storz fittings. H. CONCLUSIONS: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and complies with the goals and policies established with this designation. 2. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 3. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. J. DECISION: The RTC Short Plat, File No. LUA 07-088, SHPL-A, is approved subject to the following conditions: 1. The four significant trees that are to be retained shall be fenced off around the drip line with signs posted that the tree is to be preserved. The applicant shall submit a revised tree inventory plan, and all protected trees shall be drawn on the utility construction plan sheets. These revisions are due ~ to the Development Services project manager prior to the issuance of any utility construction permits. The fencing shall be in place prior to the issuance of any utility construction permits and shall remain until the final inspection of the new houses is complete. 2. The applicant shall submit a revised landscape plan with the five feet of landscaping between the north property line (neighbor's fence) and the start of the pavement. The revised landscape plan is due prior to the issuance of any building permits. All landscaping would be installed prior to final recording. 3. A Traffic Mitigation Fee of $75.00 per additional Average Daily Trip shall be paid prior to recording of the short plat. The total for two new single-family lots is estimated to be $1,435.50. 4. The front yard for proposed Lot 1 would face west towards Monroe Avenue, NE; the front yard for proposed Lot 2 would face north towards the access easement; and, the front yard for proposed Lot 3 would also face north. This shall be noted on the face of the short plat. v 5. The applicant shall revise and resubmit the short plat plan so that all three lots meet the minimum lot depth requirement of 65 feet. The revision is subject to the review and approval of the Development Services project manager, and is due required prior to recording. 6. The applicant shall pay an estimated $976.00 Fire Mitigation Fee (based on $488.00 per new lot) prior to the recording of the short plat. City of Renton PIBIPW Department RTC Short Plat REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A Administrative Land Use Action Page 9 7. Temporary Erosion Control shall be installed and maintained for the duration of the project in accordance with the Department of Ecology Erosion and Sediment Control Requirements (Vol. 11) and staff review. SIGNATURES AND DATE OF DECISION ON LAND USE ACTION: TRANSMITTED this 111' day of October, 2007 to the Applicant/Owner/Contact: Owner: Keith Demps, Contact; Dan Touma A & D Quality Construction Touma Engineers 202 SW Sunset Blvd., E. 202 6632 S. 191" Place E-102 Renton, WA 98057 Kent, WA 98032 TRANSMITTED this 1 Efh day of October, 2007 to the Parties of Record: James Voght 716 Monroe Avenue S Renton, WA 98056 TRANSMITTED this 1 Efh day of October, 2007 to the following: Larry Meckling, Building Official Bob Van Horne, Deputy Fire Chief Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager Jan Conklin Carrie Olson Renton Reporter Land Use Action Appeals & Requests for Reconsideration /o,Jz';/oJ Decision Date The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075 (3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that the Administrator reopen a decision on a short plat. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on November 6, 2007. City of Renton Municipal Code Section 4-8-110 governs appeals to the Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. City of Renton P!BIPW Department Administrative Land Use Action RTC Short Plat REPORT AND DECISION DA TED October 23, 2007; LUA 07-088, SHPL-A ADVISORY NOTES TO APPLICANT Page 10 The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning 1. Commercial, multi-family, new single family and other nonresidential construction activities shall be restricted to the hours between 7:00 a.m. and 8:00 p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between 9:00 a.m. and 8:00 p.m. No work shall be permitted on Sundays. 2. The minimum amount of landscaping required for sites abutting an arterial street is 10 feet provided that if there is additional undeveloped right-of-way in excess of 5 feet, this shall also be landscaped. The landscaping proposed shall either consist of drought resistant vegetation or shall be irrigated appropriately. 3. Two ornamental trees, a minimum caliper of 1-1/2 inches {deciduous) or 6 -8 feet in height (conifer), shall be planted or retained within the 15-foot front yard setback area for the proposed lots. Property Services 1. To be sent under separate cover. Fire 1. Street addresses shall be visible from a public street. 2. Fire department access roads are required to be 26 feet wide, 20 feet of which must be paved. Dead end roadways over 150' in length are required to have an approved turnaround. 3. A fire hydrant with 1,000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3,600 sq. ft. in area (including garage), the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structures. Plan Review -Sewer 1. The Sewer System Development Charge is $1,017 per new single-family residence. This fee is due with the construction permit. Plan Review -Water 1. The Water System Development Charge is $1,956.00 per new single family residence Plan Review -Surface Water 1. Surface Water System Development Charge is $759 per new dwelling unit. This fee is due with the construction permit. 2. Drainage requirements must meet the 1990 King County Surface Water Design Manual. Plan Review -Streets/Transportation 1. Per City of Renton code this short plat is required to install curb sidewalks along the frontage of the parcel being developed. 2. All new electrical, phone and cable services must be underground. Construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the short plat. 3. The traffic mitigation fee of $75 per additional generated trip shall be assessed per additional single family home at a rate of 9.57 trips per day. This fee is payable at time of recording the plat. Miscellaneous 1. Separate permits and fees for side sewers, water meters, and storm drainage connections are required. All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a license Civil Engineer. 2. Applicant shall be responsible for securing all necessary public and/or private easements. 3. 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. 4. All plans shall be tied down to a minimum of two horizontal and vertical controls in the current City of Renton Control Network. 5. Permit application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction permits, and the remainder when the permits are issued. There will be additional fees for water meters and service related expenses. See Drafting Standards. '"'".- '·h II. h; h; )IS ~ CITY OF RENTON SHORT PLAT NO. RENTON, WASHINGTON NEIOTH PL NE 9TI; PL NE BTH PL D " SIT~-.--, • ~~~L • ~ • I • • ~ NtBTI;SJ i i i ( NE ~lH STIIEET V SHORT PLAT DATA TOTAL SHORT PLAT AREA 19,61!6 sq. It. NUMBER Of LOTS PROPOSED -3 ZONE ,. R-8 SMALL LDT AREA -&,J68 sq.ft. DENSITY "' 7.92 DU/ACRE PROPOSED SQIJARE FOOTAGE Of" NE LOTS ' ~ i 1 -6,368 sq.ft GROSS -4,704 sq.ft. NET 2 -6,562 sq.fl GROSS -4,843 sq.ft. NET J -6,956 sq.ft PRIVATE 26' EASEMENT -3,380 sq.ft OWNER A & D QUALITY CONSmlCTl~ CO , ll.C 202 SW SUNSET BLVD. SUITE E 202 RENTON, WASHINGTON 98057 425-271-7751 ENGINEER / SURVEYOR TOUMA ENGINEERS & LAND SUR\/£.YORS 6632 S 191~t PL.ACE SUITE E -102 KENT, WAS1,lNGTON 98032 (425) 251-0665 C/R MON /1721 "'<?.,._ w z ~ C/R I..ION /I 102 FOUND CONC MON IN CASE (07 /07) RECORDING NO. SCALE: ki-~ c:-=i i VOL/PAGE I I r w" S88°50.4J"E 1318.67' {P) _ ---_ ---i6a'.50'27"E _!318.13' (M) _ ~ ... A ~~- NE 7th STREET -~ l tn,,I, - PORTlON OF FOUND CONG MON IN CASE (07 /07) I I~""''" Rll,1 EL ~ 386.02 I I '" EC -'78.82'-a'S Ii I I EX CB Rll,I El "' 384.29 INV EL"' 381.19'-12"W FOUND 1/2" REBAR & CAP LS#10219 0.15'111 NW 1/4 OF SE 1/4 OF SEC 9, TWN. 23 N., RG. 5 E.. W.M. SURVEY NOTES INSlRUt.lEtH: TOPCON G'T JOODW TOTAL STATION MElHOO usro, FJELD TRAVERSE WITH ACTUAL FJELD MEASUREMENTS AND ANGLES WAC 332-130-090 DATE OF SURVEY: JULY 2007 BASIS OF BEARING; MONROE Al/£. NE (S 89U5'57"E) BENCHMARK: CITY RENTON MON 1721 TOP 1 /2" PIN IN CONCRETE IN CASE INTERSECTION OF MONROE AVE NE NE 7th PLACE LUA-XX-XXX LND-XX-XXXX B..EVATION ~ 381.60' (116.312m} NAVO 1988 (7/07) FOIJNO 1/2" REBAR & CITY Of RENTON SP,i1A98-0J25HPL CAP LS# 10219 I· I LEGEND • .,,., .,; I o,.ef16i <&l''' -<;".-1 LOT 4 CYa.ONE FENCE !f N O,tO'N X 0.10 W (7/07) .\ [] C0 (TYPE t) @ STUH (TY?E 11) ® SANITARY SEWER MH ,.. WATER VAL'£ ._,o' Ell WAlER METER/SERVICE .....:':.: -6-FlRE HYDRANT , it""'" 70.0\ -0-UTIUTY POLE ,IN E-GUY 'MR[ -[---)::( LIGHT POLE u, 15° WA~ ,;§ff' 11 lll£PHONE CABINET J~~-~,,o,. ..a. SIGN l.:;------~ ~ . ,.,,..._tp * CONIFER TREE LOT JD 11\) \ ' "' MAIL BOX 4 PK NAIL $ 0 MDN IN CA'EF./ EX REBAR / PIPE AS NOTED • SET 1 /2" REBAR & CAP l.S,f.36992 @ CONIFER mEE TO BE REI.WVED @ OECIOUOIJS TREE TO BE REt.40V£D ·.,, • lL:l; 11 ";~ i111li ~f17 ~1 r~r,,i 6 956 ~q 0~ ·1 a:_ 0 DEaDUOUS TREE to 'MRE FENCE i I co r i'> 'i.! "' '*--~----------n ~ I . -; ANf~~i~ ---384 ~ LEGAL DESCRIPTION LOT 3, BLOCK 2, STEWARlS HIGHLAND ACRES TRACTS. ACCOROII\IG TO THE PLAT TH(R(Of" RECORDED IN VOL\JME 43 Of PLATS, PAGE 17, RECORDS Of" KING COUNTY, WASHINGTON ~I : j: 1 1~ ~ ' . , ..:, o''§J r.,,""1-°" ~1 ~ i1 ~ I '/, .,,f''''olf I ._f"'''oo' I 11 : I I~ ' I . : F.X CS '£ "' EL • J82.02 I : INV tl = J79.47-12"W : EX SSMH g: ; INSIDE l>ROI> MH I : RIM EL = J82.00 -<;\.-fJ"''()" ''" o''<:, ~'(J"'\er:JY ~-· • ,. .~ I~ ,w d .. ,o •:,.:t:,"''or:JY SCA! .----~~ ""'-'-'"~ ~' ,ORIZ. 1"= 30 _.--/ ' ,, I"'° ~ ~ ~INV EL~ J74.75--8" IN INV [L = 162.90' "'""° "'" "r,%;\ ~ ~-[}ift"IJ)I~ "'"' I NE 7th PLACE CllY or RENTON MON /11502 ---- FOUND MON IN CASE SE CORNER SEC 9-23-5 CITY or RENTON MON II 1502 fOLNO ~ON IN CASE {7 /07} ' i1 MO ~ \&RT 1M 1" ~ li PRIVA E ROAD PROFILE 2+00 ~ a,oo I "lw . ~ . ~ "' ~ (7/07) ~{ 00"09'16 "W 18J8.98' (M) NE 4th STREET -______J -(BASIS Of 8EARING1 S89'05'57"£ 264l'l.12 {"4) S89'06'06"E 2648,06' (CITY) ig TOUMA ENGINEERS RTC SHORT PLAT TOPOGRAPHIC, TREES AND UTILITIES RENTON, WASHINGTON MAP .. s, '""" £.<Ecum,e p""' I ,~ " I I I ~~)'!~5;..;:~ stn7F r-r~!;;;;'J ;:,_: >---"-'-"---<-------+--------< CHKD. BY --•. --· ·--- om JOB NO. e11-005-071 JULY 2007 SCAL~ SHEET "'"' i',JQT[D 1 Of I . Ii I " .. z~~ UJ ., ~ ,11~: 11 [lJ ·~ "' :1 I~~< !,j if il -111 11!!1 'I ~ ... ! ~Zr--J .:i::ji;,; h !~ 1,! ~m ~ ooj .. ,_, 'Si:i~ ··~ '" I ~" if ! l ; ! i i~ i• i Ii ti ~ "~ l~ ' "' ' a ...::i ~es: !! Ii ,<\'Y O , ~~~ CITY 'RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator I'?~< Kathy Keolker, Mayor ~\N'fo,:r------------------------- October 15, 2007 James L. Voght 716 Monroe Avenue NE Renton, WA 98056 Subject: Response to Comments on the RTC Short Plat City of Renton File No. LUA 07-088, SHPL-A Dear Mr. Voght: Thank you for your three letters of concern regarding the RTC Short Plat. Your letters have been included in the official project file, and you have been entered as a party ofrecord for the project, City of Renton File LUA 07-088. Thank you for participating in the public process. As a party of record you will receive a copy of any decisions that are made. Please feel free to contact me with any questions ( 425) 430-7270. Sincerely, .~ Andrea Petzel, Planner Development Services Division cc: Clty of Renton File No. LUA07-088 ------.-10_5_5-So_u_th_G_ra_d_y_W_a_y_--R-en-to_n_, W-as-h-in-gt_o_n_9-80_5_7 ______ ~ @ This paper'?°'1tains 50% recy~ material, 30% poSt consumer AHEAD OF THE CURVE City o ,ton Department of Planning I Building I Pu, forks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ~ COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPT ,~1 APPLICANT: Keith Demps /.,/ PROJECT MANAGER/Andrea Petzel y PLAN REVIEW: Ard\eta Henninqer _,-,- / PROJECT TITLE: RTC Short Plat SITE AREA: 19,886 sauare feet BUILDING AREA /nrossl: N/A I - LOCATION: 650 Monroe Ave NE I WORK ORDER NO: 77795 V" I SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water UnhVG/are Plants Recreation Land/Shoreline Use Utilities Animals Trans""'rtation Environmental Health Public Services '_.,, Energy/ Historic!Cu/luraf Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expert.ise and have identified areas of probable impact or areas where additional in rmation is needed to properly assess this proposal. epresentative Date lb-1-01 City of ton Department of Planning I Building I Pub arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: f'a..-\<'.. S COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Dem s PROJECT MANAGER: Andrea Petzel PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Hennin er SITE AREA: 19,886 s uare feet BUILDING AREA ross : NIA LOCATION: 650 Monroe Ave NE WORK ORDER NO: 77795 CJ SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mo,e Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinn Air Aesthetics Water LiohVG/are Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy! Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 8. 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. -/~?!t::5-t ;t7;,v(,L_ Signature of Director or Authorized Representative Date James L. Voght 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 October 2, 2007 Subject: Comment RTC Short Plat LUA 07-088, SHPL-A (Lot 3, Block 2, Stewart's Highland Acre Tracts) 650 Monroe Ave. NE, Renton, WA City of Renton Andrea Petzel 1055 S. Grady Way Renton, WA 98057 Ref: *Chen Short Plat LUA-070-SHPL-A (Lot 2, Block 1, Stewart's Highland Acre Tracts) 762 Monroe Ave. NE, Renton, WA Ref: Anicello Short Plat LUA-96-073-SHPL (Lots S & 6, Block 2, Stewart's Highland Acre Tracts) 9 Lot Short Plat, Recorded Dec. 16, 1999-Rec. No. 19991216900009 Ref: Heifa Short Plat LUA-98-032-SHPL (Lots 1 & 2, Block 2, Stewart's Highland Acre Tracts) 4 Lot Short Plat, Recorded April 3, 2001 -Rec. No. 20010403900006 Ref: Jay Hill Short Plat LUA-03-067 SHPL (Lot 1, Block 1, Stewart's Highland Acre Tracts) 4 Lot Short Plat, Recorded Oct. 25, 2004 -Rec. No. 20041025900004 Dear Ms. Andrea Petzel, The Subject Short Plat as submitted does not comply with the Renton Municipal Code's definition of a 'LOT' quoted below; while the above referenced Recorded Short Plats complied with the following restriction quoted below and the City's definition of a 'LOT' in effect at the time of approvals. Stewart's Highland Acre Tracts, Vol. 43 of Plats, Page 17; has the following restriction on the face of the plat. "RESTRICTIONS No Lot or Portion of a lot of this plat, excepting those lots which are hereinafter restricted to business use, shall be divided and sold, or resold, or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat, namely 6000 sq. ft. for suburban use, with a minimum lot width of 60 feet. All lots in this plat are restricted to S-2 Suburban use. " Renton Municipal Code, page 11-23 (Revised 12/05) -"LOT: A fractional part of divided lands having fixed boundaries, being of sufficient area and dimension to meet minimum zoning requirements for width and area, excluding private access easements .... Page 1 of2 *Chen Short Plat -762 Monroe Ave. NE -Status -Approved with conditions, which included changing from 3 Lots to 2 Lots to comply with above Plat Restrictions (Lot 2, Block 1 of said Plat) insufficient sq. ft. to meet RS zoning conditions of 5,000 sq. ft. per Lot. These conditions are not changed to date. I acknowledge there is an administrative decision allowing a new definition of lot areas; NET lot sizes to comply with RMC for zoning purposes and GROSS lot sizes to deal with covenants and restrictions. I appealed this administrative decision for the Chen Short Plat and the appeal of this administrative decision applies to the RTC Short Plat as well. As you were present at the Hearing Examiner's meeting September 18, 2007 where this administrative decision was appealed; you are aware that the City Attorney requested a continuance for further research into this decision. In my opinion, this administrative decision regarding LOT definitions cannot be used until the appeal is heard. This appeal is scheduled to be heard October 23, 2007. Considering the above facts, I am surprised this Short Plat was accepted for review. Submittals to the City of Renton must comply with standards in effect at the time of submittal, not comply with future standards that may evolve. Please respond to these comments. ~///~41 James L. Voght, PLS Please advise Page 2 of2 James L. Voght 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 October 2, 2007 City of Renton Neil R. Watts -Director -Development Services Division 1055 S. Grady Way Renton, WA 98057 Ref: Comments RTC Short Plat City of Renton File No. LUA 07-088, SHPL-A (Lot 3, Block 2, Stewart's Highland Acre Tracts) 650 Monroe Ave. NE Renton, WA 98056 Subject: Site Bulletin Board Dear Ms. Andrea Petzel, Planner For your information, the Map shown on the bulletin board is not the same as the copy I picked up at the City 9/24/2007. The map dated 8/29/07 shows Lot 1 as 68.05' wide, Lot 2 as 68.08' wide and Lot 3 as 63.90' wide. The Map on the bulletin board shows Lot I as 64.03' wide, Lot 2 as 66.00' wide and Lot 3 as 70.00' wide. I don't think that most people who want to know what is being proposed will drive to the City to get a copy of the map. The only view they will have of the site is the information on the bulletin board. q,.:. .. · ·::. ' · r r::: I 11 r ta' James L. Voght 716 Monroe Ave. NE Renton, WA 98056 Tel: 425-255-2528 October 2, 2007 City of Renton Neil R. Watts -Director -Development Services Division 1055 S. Grady Way Renton, WA 98057 Ref: Comments RTC Short Plat City of Renton File No. LUA 07-088, SHPL-A (Lot 3, Block 2, Stewart's Highland Acre Tracts) 650 Monroe Ave. NE Renton, WA 98056 Dear Ms. Andrea Petzel, Planner The comments refer to 'PROPOSED UTILITY PLAN' dated 8/29/07 by Touma Engineers. 1. Could you please let Mr. Touma know that there are existing underground utilities in the South 10 feet of Parcel No.'s 801110-0082 and 801110-0080. The underground utilities referred to adjoins the North border of the RIC Short Plat; e.g., along the South border of our properties. I mentioned this to Mr. Keith Demp. It appears he did not bring this to the attention of his Engineer, although there was a partial utility location (paint) performed. The proposed utility plan indicates a future driveway in the North 26 feet of the RIC Short Plat. There are some large maple stumps in that driveway that will need care in removal to prevent damages to our property and utilities. I would recommend a note about the existing utilities. 2. The subject of the fences bordering this site was discussed with Mr. Demp. I told him that all of the fences has been there for at least 16 years since we had bought the property. Mr. Demp stated, "If any fences are disturbed, he would replace the fences in the same place they are today." This statement was made prior to the demolition of the existing residence or the Short Plat Submittal. At a later date, Mr. Demp asked what some 4' lath stakes were for. I replied that they were marking the location of a fence that had been removed by a previous owner last winter. Mr. Touma did not show these locations, possibly because Mr. Demp did not mention the lath stakes to him. Mr. Touma shows the fences on his map. There are no dimensions showing the location of these fences for the record. There are no notes about not disturbing the fences and/or replacing the fences in the same location if they are disturbed. I would like to recommend a note 'Do Not Disturb Fences' and dimensions for the fence locations be included on the drawings. I have noticed that a tree has a note to be proty,cte,d m:i-. the Landscape Plan. Please RSVP q f ( . ! J v ! r i Sincerely, / 1 / . ' ~ 7 f//77. v-- J~ght 7 /' •. ,r,_n_ ·., .. . '. . )( ,-· i DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM September 28, 2007 Andrea Petzel Amela Henninger X7298 RTC (AKA MONROE) SHORT PLAT APPLICATION LUA07-088 650 MONROE A VE NE I have reviewed the application for this 3 lot short plat generally located in the vicinity of Monroe Ave NE and NE 7th St in Section 9-23N-5E and have the following comments. Existing conditions Water --This project is located in the City of Renton water service area. There is an existing 10" watermain in Monroe Ave NE. See City of Renton water drawing W1967 for detailed engineering drawings. Sanitary Sewer --There is an existing sanitary sewer main in Monroe Ave NE. Storm --There are storm drainage facilities in Monroe Ave NE. This project is not located in the Aquifer Protection Zone. CODE REQUIREMENTS Water: • This project will be required to install a new 8" watermain extension in a 15' watermain easement along the north property line extended to the east property line of the proposed development. An additional fire hydrant will also be required to be installed as a part of the development. • This project will be required to provide domestic water service to serve the new lots. • All plats are required by City code to provide a fire hydrant with a minimum fire flow requirement of 1,000 GPM within 300 feet of any proposed single-family structure. If the proposed single- family structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants within 300 feet of the structure. A fire hydrant will be required to be installed by this project. The new and existing fire hydrants must meet all current City of Renton standards. • System Development Charges (SOC) are $1956 per unit. These fees are collected at the time a construction permit is issued and prior to recording the short plat. Sewer: • Individual sidesewers are required to be installed by the developer to serve the new lot prior to recording the short plat. ' .' -RTC Short Plat Applicatwn Page 2 • The two new lots will be required to install new side sewer stubs. The existing lot shall be required to cap the existing stub at the property line and install a new 4" stub to the home. • Dual sidesewers are not allowed. • This site is located in the Monroe Ave NE Special Assessment District (SAD 8604). This assessment fee is $10,095.90 and is required to be paid prior to issuance of a construction permit. • This parcel is located in the East Renton Special Assessment District, SAD 0002. This fee is $316.80 for the new connection. These fees shall be paid at the time a construction permit is issued and prior to recording the short plat. • System Development Charges (SDC) are $1017 per unit. These fees are collected at the time a construction permit is issued and prior to recording the short plat. Street Improvements: • Projects that are 2 -4 residential lots in size are required to install curb, gutter and 5' sidewalk on the project side along the full frontage of the parcel being developed in Monroe Ave NE. • Projects that are 2 -4 residential lots in size are not required to install street lights. • All new electrical, phone and cable services and Imes must be undergrounded. The construction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording the short plat. • The Traffic Mitigation Fee of$1435.50 shall be paid prior to the recording of the short plat. Stonn Drainage: • A drainage report was submitted with the application. The runoff from the new house must infiltration per a design by a PE or be tightlined into the stonn drainage system or other options as listed in and in accordance with the 1990 KC Drainage manual. • The Surface Water System Development Charges of $759 per each new lot applies to the proposed project. The Development Charges are collected as part of the construction pennit and prior to the recording of the short plat. General: • All required utility, drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineer. • All plans shall be tied down to a minimum of two horizontal and vertical control in the current City of Renton Control Network. • Penni! application must include an itemized cost estimate for these improvements. Half of the fee must be paid upon application for building and construction pennits, and the remainder when the pennits are issued. There will be additional fees for water meters and service related expenses. See Drafting Standards. RTCShPIGF City o ,ton Department of Planning I Building I Pu, 'arks ENVIRONMENTAL & uEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: VI-'" ~,,..·,<:_..w COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Demos PROJECT MANAGER: Andrea Petzel PROJECT TITLE: RTC Short Plat PLAN REVIEW: Amela Henninqer SITE AREA: 19,886 sauare feet BUILDING AREA laross): N/A LOCATION: 650 Monroe Ave NE WORK ORDER NO: 77795 SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinr, Air Aesthetics Water Unht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans rtation Environmental Hea!fh Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with part.icular attention to those areas in which we have expert.ise and have identified areas of probable impact or areas where additional i rmation is neede to properly assess this proposal. Date City o ,ton Department of Planning I Building I Pu, 'arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: --r~ n:s.po.-+-~+-, o "\ COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Demos PROJECT MANAGER: Andrea Petzel PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Henninger SITE AREA: 19,886 souare feet BUILDING AREA (gross): N/A ----- v ... r I :, lUU/ LOCATION: 650 Monroe Ave NE I WORK ORDER NO: 77795 SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in Wi~'~W:,ifii,f,l_l~ntial density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housinr. Air Aesthetics Water LinhVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transnortation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 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 .n;t3ded 1J Jt°perly assess this proposal. fl%'~~-d--0~-i" 0 7 Signature of Director or Authorized Representative Date DATE: TO: FROM: SUBJECT: FIRE DEPARTMENT MEMORANDUM September 19, 2007 Andrea Petzel, Associate Planner Camille Walls, Lead Fire Inspector RTC Short plat -650 Monroe Ave NE Fire Department Comments: 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. A fire mitigation fee of$488.00 is required for each new single-family structure. 3. 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. 4. All building addresses shall be visible from or posted at the public street. Please feel free to contact me if you have any questions. c:\documents and settings\cwalls\desktop\platl .doc City , nton Department of Planning I Building I Pu Vorks ENVIRONMENTAL & DEVELOPMENT APPL/CATION REVIEW SHEET REVIEWING DEPARTMENT: 52,,-c_ APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED SEPTEMBER'1Gooi-' ·-'--·-----'--- I APPLICANT: Keith Demos PROJECT MANAGER: Andrea P~tzel ---..... ; ·-, ··-... ._, I -:, PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Henninn<>r SITE AREA: 19,886 square feet BUILDING AREA lnrossl: NIA I '--··,;;···,·,.,. - --=LO=C'-'A-'T'-'10'-'-N'-':_6'-'5'-'0'-'M'-'o'-'n-"-r-"-oe'-"-'A'-ve"-'-'N=E------------'-l-'w'-o'-'R-'K-'-'O-'R-"D'-'E"'R'--'N-=O.:..: ...:7..c7.:..79cc5::__L ___ -_-__ · -----...cc==· __ _ SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq, ft. (gross) and Lot 3 would be 6,348 sq, ft (gross), Access to all three lots would be via a 26-foot wide private access easement There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina Air Aesthetics Water LiahVGlare Plants Recreation Land/Shoreline Use Utilities Animals Transnorlation Environmental Heaflh Public Services Energy! Histon"c!Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-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 ah where additional information is needed to properly assess this proposal, 02. nu.&'.J, t(.Ja,f..L, ,, 9 /cP-c~ 7 Signature of Director or Authorized Representative Date ' September 19, 2007 Michael Fortson Department of Transportation Renton School District 1220 N 4 1 " Street Renton, WA 98055 Subject: RTC Short Plat LUA07-088, SHPL-A Cl"l'Y )I .. RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator The Ci!y of Renton Develcpment Service:', Di ".:ision h~s ff;:eived an apphcatiOil for r: Short Plat !ccated ~t 650 Monroe Ave NE. Please see the enclosed Notice of Application for further details. In order to process this application, the Development Services Division needs to know which Renton schools would be attended by children living in residences at the location indicated above. Please fill in the appropriate schools on the list below and return this letter to my attention, Development Services Division, City of Renton, 1055 South Grady Way, Renton, Washington 98057 by October 3, 2007. Elementary School: -~/J~:~lsc.+'.·,~h=·~'C~t..~t_--J.=:~'· '=; ___________________ _ i\ · ... Middle School: ___ __..,! 4' ..c'' ..:.(('-'· tc.cit'-'\..,:bt.L. ·..L_-___________________ _ < _i High School: _____ ' L. ·=-· .,.-'",.c..J!'-'1""-.,.'.'-'\_,ic._ ___________________ _ Will the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes ·f-: No __ _ Any Comments: _______________________________ _ Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7270. Sincerely, ~~t4(_ Andrea Petzel Associate Planner Encl. -------l-05_5_S_o_u_lh_G_r_a_dy_W_a_y---R-en_t_on-,-W-as-h1-.n-gt_o_n_9_8_05_7 _______ -~ ® This paper contains 50% recycled mate"al. 30°:0 ;Jost c:o··sumer ,\HJ·:ID OF TIJF r;ut<VJ· September 25, 2007 Dr. Daniel O'Brien 400 S 38'h Court Renton, WA 98055 RE: Valley View Professional Office Comments Dear Dr. O'Brien: CITY ,F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Thank you for the additional comments you sent in your September 20th letter. Your comments have been included in the file for consideration by the decision maker. Please find attached a copy of the Restrictive Covenants that have been recorded on the project site. These Covenants expire on December 31, 2020. A public hearing is tentatively scheduled for October 9, 2007 to consider the Site Plan approval for the Valley View Professional Office. The hearing will be held at 9:00 am in the City Council Chambers on the 7th floor of City Hall, you may wish to attend and testify. If you have any further questions, feel free to contact me at (425) 430-7219. Sincerely, r-t:~ Jill K. Ding Senior Planner Enclosure cc File -------,-0-55_S_o_u-th_G_ra_d_y_W-ay---R-e-nt_o_n,-W-a--'s~hi-ng_t_on_9_80_5_7 ______ -~ @· This paper contains 50% recydecfmaterial, 30% post consunler AHEAD OF THE CURVE City oi ton Department of Planning I Building I Pub 'arks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: C<-<>..,_•vvc; <--De.v, COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA0?-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Demps PROJECT MANAGER: Andrea Petzel PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Henninaer SITE AREA: 19,886 sauare feet BUILDING AREA (aross): N/A LOCATION: 650 Monroe Ave NE WORK ORDER NO: 77795 SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major lnformaUon Impacts Impacts Necessary Earth Housfna Air Aesthetics Water Liaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoorlalion Environmental Health Public Services Energy! Histaric/Cu/turaf Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 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 i needed to properly assess this proposal. «6-: /(/!JI Signature of Director or Authorized Representative Date City o ,ton Department of Planning I Building I Pu, larks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: (.onS-'I-Yv..c\--, on Sw .. <, . COMMENTS DUE: OCTOBER 3, 2007 APPLICATION NO: LUA07-088, SHPL-A DATE CIRCULATED: SEPTEMBER 19, 2007 APPLICANT: Keith Demos PROJECT MANAGER: Andrea Petzel .. , '' PROJECT TITLE: RTC Short Plat PLAN REVIEW: Arneta Henninoer . t . \. ':: lJ SITE AREA: 19,886 sauare feet BUILDING AREA (oross): N/A SlJ ) LOCATION: 650 Monroe Ave NE WORK ORDER NO: 77795 -·--· ..._,, -,~ SUMMARY OF PROPOSAL: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7.92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft (gross) and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement There are 10 significant trees onsite and no critical areas. The existing home will be removed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Mo"' Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housinq Air Aesthetics Water Liaht!Glare Plants Recreation Land/Shoreline Use Utilities Animals Transoorlation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet 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 whe additional information is needed to properly assess this proposal. Date l "'\ CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 19'h day of September, 2007, I deposited in the mails of the United States, a sealed envelope containing Acceptance, School Notification, NOA documents. This information was sent to: Name Reoresentina Dan Touma Contact Keith Demps Owner/ Applicant Michael Fortson Renton School District Parties of Record See Attached '"" ~ (Signature of Sender)'-: _ __.6:z:~::..--=·==;.L~-\'-""-' ·'-")"----'-""=-----_/-----------··--/ -~--- STATE OF WASHINGTON ) ~ ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Patrick Roduin signed this instrument and acknowledged it to be his/her/their free and voluntary act for th~,\{~?,. and purposes mentioned in the instrument. ->-'''~Nf'I 1-1~;1!1,, .2 q .. \.· ,.A'/1\\1_1• ,~-,:,. IJI. = (;, . . ,d, t ,' ~ ~ Dated:_<t~--'~°'-~--P~J __ ~; !! ; -~-... 1...... 'i-''.,:'I, "'t ~ ACKETT HAROLD E 3409 NE 7TI I ST RENTON WA 98055 CAREY JOE L+SALLY 3322 NE 7TH ST RENTON WA 98056 CULBERTSON VICTORIA 3313 NE 7TH PL RENTON WA 98056 FARRIS SUZANNE LEE 3413 NE 7TH PL RENTON WA 98056 GUILLEN DAVID H 25033 129TH PL SE KENT WA 98031 JEFFERY ROSCOE T 33 I 2 NE 7TH PL RENTON WA 98056 LEE SUZANNE H PO BOX 2112 RENTON WA 98056 LU HUNG 684 NEWPORT CT RENTON WA 98056 MUIR DON & TRACY 3401 NE 7TH PL RENTON WA 98056 PAGAN DUKE+JOLANDA 673 NEWPORT CT NE RENTON WA 98056 JACH LESTER E+VERA L 3309 NE 7TII ST RENTON WA 98056 CINQUE RACHELLE E TRUSTEE CINQUE REVOC TRUST 23 BEEHOLM RD WEST REDDING CT 6896 DONNER MARCELLA R 3406 NE 7TH PL RENTON WA 98056 FOSTER GERRIT D 3312 NE 6TH PL RENTON WA 98056 GUTIERREZ MANUEL J 3325 NE 7TH PL RENTON WA 98056 KING STEPHEN M & NARANJOE 670 NEWPORT CT NE RENTON WA 98056 LOEWENHAGEN R G 3418 NE 7TH PL RENTON WA 98055 MACCLANATHAN RY AN C+AMY E WRJGHT 3319 NE 7TH PL RENTON WA 98056 NIKOLAISEN PAUL D 3306 NE 6TH PL RENTON WA 98056 POLAND PC 3306 NE 7TH PL RENTON WA 98056 BURTON GARY K 20531 SE PETROVITSKY RD MAPLE VALLEY WA 98038 COTHRAN TRACY L+VOLNEY 3301 NE 7TH ST RENTON WA 98056 ELIGIO LAURENCE DALIT+CI-IRIS 679 NEWPORT CT NE RENTON WA 98056 GOMEZ MIGUEL ANGEL VAZQUEZ 3318 NE 7TH PL RENTON WA 98055 HOUT BORA 3407 NE 7TH PL RENTON WA 98056 LAMPKARENL P OBOX 59323 RENTON WA 98058 LONG L YNNDA KIM 3400 NE 7TH PL RENTON WA 98056 MARLOW WILL+DEBORAH L 16519 SE 147TH ST RENTON WA 98059 OLIVER CATHERJNE+RICHARD M 685 NEWPORT CT RENTON WA 98059 REEDJOYCEM PO BOX 739 ISSAQUAH WA 98027 .. RENTON TECHNICAL COLLEGE 3000 NE 4TH ST RENTON WA 98056 SLUYTER CHARLES V 758 MONROE A VE NE RENTON WA 98056 TRAN TUYET+LUU HUNG CHI 660 NEWPORT CT NE RENTON WA 98059 VUTHUY-NHI 665 NEWPORT CT NE RENTON WA 98056 YlMMANITH 3301 NE 7TH PL RENTON WA 98056 _lODUNER ARNOLD R LIVING TRU 3331 NE 7TH PL RENTON WA 98056 SMITH BRUCE H 15515 JUANITA-WOODNVL WAY NE #B-201 BOTHELL WA 98011 VOGHT JAMES L & HEIFA 716 MONROE AVE NE RENTON WA 98056 WAID CHERYL 3307 NE 7TH PL RENTON WA 98056 SANDJAYLLC 4957 LAKEMONT BL VD SE #C4- 28 BELLEVUE WA 98006 STEPHENS WILLIAM M 3412 NE 7TH PL RENTON WA 98056 VUHAIS 669 NEWPORT CT NE RENTON WA 98056 WILLIAMSON KATHLEEN M 661 NEWPORT CT NE RENTON WA 98056 NOTICE OF APPLICATION A Master Application has been filed and. ac?epted with the Development Services Division of lh" City of Renton. The following bru,fly dascrlbes the appl,cat1on and the ne~ssary Public Approvals. PROJECT NAME/NUMBER: RTC Short Plat I LUA07-088, SHPL-A PROJECT DESCRIPTION: A;>plicaMn for adm1nistra1ive s1ort plat approval far a three-lol subd1v1s1or, 1n lhe R·8 zooo. Resjdential <lensily would be 7.92 d=ll1ng units pe' nel acre. Proposed lots 1 and 2 would be 6,769 sq. ff (gross) and Lot 3 wculd be 6 348 sq fl. (gross). Access to all three lots would be via a 26-foot wide private access easement There are 10 significant l""es ons,te and no cntical areas The existing home will !)a removed PROJECT LOCATION: PUBLIC APPROVALS: APPLICANT/PROJECT CONT ACT PERSON 050 Monroe Ave NE Admin,s:rat,ve Slwr\ P!al Apprnval Dari Touma, Tel: (4251 251-0665, Eml: mhtouma@aol com Comments on the above appllcallon must be submilt&rl In writing to Andrea Petzel, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA. 98057, by 5:00 PM on October J, 2007. II you have q1.Jesl1ons about this proposal, or wish lo be madfi a party of record and r~eive add1honal notfication by ma!, contact lhe Pro1ect Manager at (425) ~30 .. 7270 Anyone w>10 subm1ls wr,tten comments will automatically become a party of record and w,11 be not1f1ed of any ~ec,s,on 011 1h1s pmJect PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: August 13, 2007 September 19, 2007 II you waulc like xi be made a party of rec or~ to rHceive fu1f1er wformat,on on 1h1s prooosed pro1ee1 complele lh,s form and ret~rn to City of Renton, OevelopmA~\ P·amrn,g. 1 055 Sout1 Grady W;;y Renlon. WA 98057. F,!,-, Nan,~.' •'lo RTC Shor! PIJI .' LU!'.\07-088, SHPL-A NI\ME MAILING ADDRESS ----------------- TELEPHONE NO CERTIFICATION I, :;;1ff: '9!::&:R , hereby certify that 3 copies of the above document were posted by me in __x_ conspicuous places or nearby the described property o~'''"\\\l\ii ,-,,.'' '1NN /./~It DA TE:__,_'/.-_,_/_,_'f .-_t:q.-__,___ __ ,.... ' ...... ,, ..... ~ !'-l/1 · .it;I~ .Jl -~'-'Ii ·--, .... ';!; ':~ 0~ ........ \~~ SIGNED: ~,-. ATTEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residiiig"hi · ,(• -.t ,,.. "',. 'z :::; ~ ~ :::I!~ ,J Jor ~ ~ ~ ,·.~"'..::-C, I \\1,w~·':(1-:..,_~.,::. 11, Fwp...s,,, ..... 11111,,"'''' CITY •F RENTON Planning/Building/PublicWorks Department Gregg Zimmerman P.E., Administrator ~~.·k: .. ·~ ,~ KathyKeolker,Mayor <o'N·rO:J' ..... ------------------------------- September 19, 2007 Dan Touma Touma Engineers 6632 S 191st Place ste: #E-102 Kent, WA 98032 Subject: RTC Short Plat LUA07-088, SHPL-A Dear Mr. Touma: The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional information is required to continue processing your application. Please contact me at ( 425) 430-7270 if you have any questions. Sincerely, ilk~rJI. Andrea Petzel Associate Planner cc: Keith Demps I Owner Project File -------l-05_5_S_o_u_th_.G_ra_d_y_W_a_y ___ R_e-nl-on-,-W-a_s_hi-ng-to-n-98_0_5_7 ______ ·~ .. @ This paper contains 50% recycled material, 30% post consumer AH_EAD Of THE CURVE 4~ + + + CITY 'lF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator 0'-~~,\'Y 0,1, ~ ~ ~ Kathy Keolker, Mayor "?,>,'\J"fO"'"'-------------------------------------- September 19, 2007 Michael Fortson Department of Transportation Renton School District 1220 N 4<h Street Renton, WA 98055 Subject: RTC Short Plat LUA07-088, SHPL-A The City of Renton Development Services Division has received an application for a Short Plat located at 650 Monroe Ave NE. Please see the enclosed Notice of Application for further details. In order to process this application, the Development Services Division needs to know which Renton· schools would be attended by children living in residences at the location indicated above. Please fill in the appropriate schools on the list below and return this letter to my attention, Development Services Division, City of Renton, 1055 South Grady Way, Renton, Washington 98057by October 3, 2007. Elementary School: ______________________________ _ Middle School:----------------------------- High School:---------'-------------------------- Wi11 the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes No __ _ Any Comments: _________ ~---------------------- Thank you for providing this important information. If you.have any questions regarding this project, please contact me at (425) 430-7270. Sincerely, Uk~~ Andrea Petzel Associate Planner Encl. _______ 10_5_5 _So_u_th_G_ra_d_y_W_a_y_--R-en_to_n_, W-as-h-in-gto_n_9-80_5_7----~-~ @ This paper contains 50% recycled material, 36% postconsu~er AHEAD OF TUE CURVE A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: RTC Short Plat I LUA07-088, SHPL-A PROJECT DESCRIPTION: Application for administrative short plat approval for a three-lot subdivision in the R-8 zone. Residential density would be 7 .92 dwelling units per net acre. Proposed lots 1 and 2 would be 6,769 sq. ft. (gross} and Lot 3 would be 6,348 sq. ft. (gross). Access to all three lots would be via a 26-foot wide private access easement. There are 10 significant trees onsite and no critical areas. The existing home will be removed. PROJECT LOCATION: PUBLIC APPROVALS: APPLICANT/PROJECT CONTACT PERSON: 650 Monroe Ave NE Administrative Short Plat Approval Dan Touma, Tel: (425) 251-0665, Eml: mhtouma@aol.com Comments on the above application must be submitted in writing to Andrea Petzel, Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on October 3, 2007. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: August13,2007 September 19, 2007 September 19, 2007 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98057. File Name/ No.: RTC Short Plat I LUA07-088, SHPL-A NAME: ---------------------------------- MAILING ADDRESS:------------------------------ TELEPHONE NO.: -------------- :~; CIT~ OF RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator ;1,~ Kathy Keolker, Mayor ~)1'\l"fo,)6------------------------------ August 23, 2007 Dan Touma Touma Engineers 6632 S. 191" Place E-102 Kent, WA 98032 Subject: RTC Short Plat Notice of Incomplete Application City of Renton File No. LUA 07-088, SHPL-A Dear Mr. Touma: After reviewing the materials submitted for the RTC Short Plat application, staff has determined that the application is incomplete according to the City's submittal requirements as outlined in RMC 4-8-l 20C. The following information is required in order to accept the application as complete: 1. Lot Size: Subdivision of parcels in the R-8 zone less than an acre must meet the requirement for 5,000 square feet, both net and gross. Lots 1 and 2 do not meet this requirement. In addition, this parcel has a restrictive covenant requiring a minimum of 6,000 square foot lots, which can be met by gross, rather than net, square footage. 2. Lot Width: Lot 1 does not meet the requirement for lot depth. Because the front yard faces Monroe Avenue NE, the depth of the lot is measured east to west, and is only 64 feet. 3. Tree Inventory Plan. Please state which of the trees will be preserved. The tree inventory plan indicates 10 significant trees onsite, with a City requirement for 25% to be preserved. The tree inventory plan should indicate which are to be preserved, and please ensure that the information is consistent across the tree inventory plan sheet and the conceptual landscape plan sheet. 4. Conceptual Landscape Plan: A landscape plan is required showing a minimum 10-foot landscape strip along all public street frontages and two trees within the front yard areas or planting strip of each lot. The landscape plan shall include at a minimum species, size, spacing, and location as prepared by a landscape architect, certified nurseryman or other similarly qualified professional. -------,-0-55-S~o_u_th_G_ra_d_y_W_a_y ___ R_e-nt-o-n,-W-as-hi-ng-t-on_9_80_5_7---------'----~ @ This paper contairis 50% recycied ~aterial, 30,;,/o post consumer RTC Short Plat Notice of Incom LUA07-088, SHPL-A Page 2 of2 Application Please submit 5 copies of a revised conceptual landscape and tree inventory plan and 12 copies of a revised site plan and one 8Yi x 11" reduced PMT copy of each revised plan. Once the above requested information is received, review of your application will begin .. Feel free to contact me with any questions at ( 425) 430-7270. Sincerely, {lk~~ Andrea Petzel, Planner Development Services Division cc: City of Renton File No. LUA07-088 Keith Demps, A&D Quality Construction Project: 871005 Wed Auq ? q /J 4 : ·1 l: l O 21 )7 Lot Map Check Lot name: 1 North: 183186.0470 East: 1308773.3361 Line Course: s 00-09-16 E Length: 99.53 North: 183086.5174 East: 1308773.6044 Line Course: s 88-52-40 E Length: 68.05 North: 183085.1846 East: 1308841. 6414 Line Course: N 00-09-16 W Length: 99.47 North: 183184.6542 East: 1308841. 3732 Line Course: N 88-49-50 W Length: 68.05 North: 183186.0431 East: 1308773. 3374 Perimeter: 335.10 Area: 6,769 sq. ft. 0.16 acres Mapcheck Closure -(Uses Error Closure: 0.0041 Error North: -0.00393 Precision 1: 81,142.44 Lot name: lA North: 183158. 6711 Line Course: N 88-49-50 listed courses, radji, and deltas) Course: S 18-06-14 E East: 0.00128 East: 1308841.4437 w Length: 68.05 North: 183160.0600 East: 1308773. 4079 Line Course: s 00-09-14 E Length: 73.54 North: 183086.5202 East: 1308773. 6054 Line Course: s 88-52-40 E Length: 68.05 North: 183085.1875 East: 1308841.6423 Line Course: N 00-09-14 w Length: 73. 49 North: 183158. 6772 East: 1308841.4449 Line Course: N 88-49··50 w Length: 68.05 North: 183160.0660 East: 1308773. 4091 Line Course: s 88-49-50 E Length: 68.05 North: 183158.6772 East: 1308841. 4449 Perimeter: 419.23 Area: 5,001 sq.ft. 0.11 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: 0.00607 Precision 1: 67,584.04 listed courses, radii, and deltas) Course: N 11-40-50 E East: 0.00126 Lot name: 2 North: 183183.2683 East: 1308909.4403 Line Course: N 88-49-50 w Length: 68.08 North: 183184.6578 En.st: 1308841.3745 Line Course: s 00-09-16 E Length: 99.47 North: 183085.188?, East: 1308841. 6426 Line Course: s 88-52-40 E Length: 68.08 North: 183083.8548 East: 1308909. 7096 Line Course: N 00-09-16 w Length: 99. 42 North: 183183.2744 East: 1308909.4416 Perimeter: 335.05 Area: 6,769 sq.ft. 0.16 acres Mapcheck Closure -(Uses Error Closure: 0.0062 Error North: 0.00610 Precision 1: 53,801.68 listed courses, radii, and deltas) Course: N 11-38-36 E East: 0.00126 Lot name: 2A North: 183157.2815 Line Course: N 88-49-50 W North: 183158.6709 Line Course: S 00-09-14 E North: 183085.1812 Line Course: S 88-52-40 E North: 183083. 8478 Line Course: N 00-09-16 W North: 183157.2776 East: 1308909. 5103 Length: 68.08 East: 1308841.4445 Length: 73. 49 East: 1308841.6419 Length: 68.08 East: 1308909, 7088 Length: 73.43 East: 1308909. 5109 Perimeter: 283.08 Area: 5,000 sq.ft. 0.11 acres Mapcheck Closure -(Uses Error Closure: 0.0039 Error North: -0.00390 Precision 1: 71,772.90 listed courses, radii, and deltas) Course: S 08-19-38 E East: 0.00057 Lot name: 3 North: 183183.2683 East: 1308909. 4403 Line Course: s 00-09-16 E Length: 99.42 North: 183083.8487 East: 1308909.'1083 Line Course: s 88-52-40 E Length: 63.90 North: 183082.5972 East: 1308973. 5961 Line Course: N 00-10-26 w Length: 99.36 North: 183181.9567 East: 1308973.2945 Line Course: N 88-49-50 w Length: 63.87 North: 183183.2603 East: 1308909. 4378 Perimeter: 326.55 Area: 6,348 sq.ft. 0.15 acres Mapcheck Closure -(Uses Error Closure: 0.0084 Error North: -0.00805 Precision 1: 38,707.97 listed courses, radii, and deltas) Course: S 17-18-58 W East: -0.00251 Lot name: 3A Nodh: 183168.2644 East: 1308909.4807 Line Course: s 00-09-16 E Length: 84.41 North: 183083.8547 East: 1308909.7083 Line Course: s 88-52-40 E Length: 63.90 North: 183082.6032 East: 1308973.5960 Line Course: N 00-10-26 W Length: 84.36 North: 183166. 9628 East: 1308973.3400 Line Course: N 88-49-50 W Length: 63.87 North: 183168.2663 East: 1308909.4833 Perimeter: 296.55 Area: 5,390 sq.ft. 0.12 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0032 Course: N 52-28-19 E Error North: 0.00196 East: 0.00255 Precision 1: 92,131.06 Lot name: EASE North: 183157 .2815 East: 1308909. 5103 Line Course: N 00-09-16 w Length: 25.99 North: 183183. 2714 East: 1308909.4403 Line Course: N 88-49-50 w Length: 136.13 North: 183186.0497 East: 1308773. 3386 Line Course: s 00-09-19 E Length: 25.99 North: 183160.0598 East: 1308773. 4091 Line Course: s 88-49-50 E Length: 136,13 North: 183157.2815 East: 1308909. 5107 Perimeter: 324.24 Area: 3,537 sq.ft. 0.08 acres Mapcheck Closure -(Uses listed courses, radii, and deltas) Error Closure: 0.0004 Course: N 89-50-43 E Error North: 0.00000 East: 0.00038 Precision 1: 857,756.49 CXYl -Wf 1..,-Up.1Y1 .-{)8'g City of Renton LAND USE PERMIT MASTER APP LI CATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: A ' A. .\ \ Ct:,n. \ ' '3 D \JQ. . • ~ PROJECT OR DEVELOPMENT NAME: kTC s hu-+--;:>\ • .L ADDRESS: 7,D?, ~L)J 'S., """"'\ ~\)Q E 'lll'1.- CITY~ \o ZI P: '1, 'tf:;F.;, 1 I\ '"" PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ~ 3c:::, [Y\ t>" roe Aue. ~ 1z:.- ~(\~ ' I ;\,._ '1'66sfn TELEPHONE NUMBER: 41.5 • '2,1\-,, s \ -KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 80 \ \ \ 00085' NAME: EXISTING LAND USE(S): ',.~ , \ ('e':',, I Pn..\-,,, COMPANY (if applicable): PROPOSED LAND USE(S): J \. I re~, ~f\ ,c.. ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: '(<-e, i<-SF CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): 0A; ' TELEPHONE NUMBER EXISTING ZONING: '2.-P, CONTACT PERSON PROPOSED ZONING (if applicable): ·'e_-8 NAME: Dei...-. 1o---~ SITE AREA (in square feet): \?I ~Bt - ' SQUARE FOOTAGE~ PUBLIC ROADWAYS TO BE COMPANY (if applicable): DEDICATED: ' ' ~ ... ,..,...-. £.--~ ... --• ADDRESS: l"'\IS.i-YL l,<.,3, ..... ~-ICiL SQUARE FOOTAGE OF PRIVAT~~ESS EASEMENTS: 2:3 I PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: '<el'\,\-'19-.,c!:P ACRE (if applicable): 1,,1- NUMBER OF PROPOSED LOTS (if appficable): TELEPHONE NUMBER AND E-MAIL ADDRESS: ::i, I 4'2S-2.':)1-cfru6 ~. D'l\,+oi.:,-, ·, -"cl ,l l\M NUMBER OF NEW DWELLING UNITS (if applicable): 3 Q:web/pw/devserv/fonns/planning/masterapp.doc 09/19/05 PROJECT INFORMATION (continued) ,;...;;..,c__.~~==="""-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: I SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): g SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): IJ AQUIFER PROTECTION AREA ONE IJ AQUIFER PROTECTION AREA TWO IJ FLOOD HAZARD AREA IJ GEOLOGIC HAZARD IJ HABITAT CONSERVATION IJ SHORELINE STREAMS AND LAKES IJ WETLANDS LEGAL DESCRIPTION OF PROPERTY ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. ___ sq.ft. (Attach legal description on separate sheet with the following information included} SITUATE IN THE "2,£_ QUARTER OF SECTION .:1_, TOWNSHIP _0RANGE $, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Sdwci ~ /C{)()-3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) \(S:,i rn D 'j)cr-J.es ' declare tliat I am (please check one) v' tile current owner of the property involved in this application or __ the authorized representative to act for a COfJ)Oration (please attach proof of authorization) and that the foregoing statements and answers herein cont ed and the infonnation herewith are in all respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) (Signature of owner/Representative) Q:web/pw/devserv/fonns/planning/masterapp.doc I certify that I know or have satisfactory evidence that bf.-' l}tt '\) · l) tl \ \='S signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. N ~ Public in and for the State o Notary (Print) .j /hi.,{-~ 2 09/19/05 "Form No. 1068-2 ALTA Plain Lilngu~ Commibnl!!lnt SCHEDULE A 1. Commitment Date: July 03, 2007 at 7:30 A.M. 2. Policy or Policies to be issued: Builder's Rate Standard Owner's Coverage Proposed Insured: To Be Determined Simultaneous Issue Rate Extended Mortgagee's Coverage Proposed Insured: To Be Determined $ $ AMOUNT To Follow $ To Follow $ ''...,mmitment No. 4209-1076785 Page 2 of 8 PREMIUM TAX To Follow $ To Fol'·,w To Follow $ To Follrw 3. (A) Tiie estate or interest in the land described in this Commitment is: A fee simple. ( B) lltle to said estate or interest at the date hereof is vested in: A and D Quality Construction, LLC, a Washington Limited Liability Company 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: LOT 3, BLOCK 2, STEWARrS HIGHLAND ACRE TRACTS, ACCORDING TO niE PLAT THEREOF RECORDED IN VOLUME 43 OF PLATS, PAGE 17, RECORDS OF KING COUN1Y, WASHINGTON. APN: 8011100085 First American Td:le .. D£V£LOPM£1<fr ciTy op RrfMNN1NG ·,.,ON AUG! 3 2007 RECEIVED LIM1TlID LlABll.,ITY COMPANY OPERATING AGREEM£N'£ FOR A & D QUALITY CONSTRUCTION CO., LLC This Limited Liability Company Agreement (the "Agreement'') is made and ent.ered into effective as of 2 J~ 1998 by Keith Demps Sr. and Annette Demps, husband and wife (referred to individually as the "Member'' and collectively as the "Members"). 1. Ngg and Formation ot Co)DPAAy. The Members hereby agree to form a limit.ed l:iahility company pursuant to the laws of the state of Washington. The name of the company is A & D QUALITY CONSTRUCTION CO., LLC and it is referred to bel'ein as the "Company." The Company is Conned under the provisions of the W asb.i.ugton Llmited Llability Company Act (the "Act") by the filing of a Certificate of Formation in the office of the Washington Secretary of Stat.I:. The Certificate of Fonnation shall contain those provisions required by the Act, and shall be consistent in all respects with the temi,, of this Agreement. 2. Registered Offree and Registerecl Agent. The Company's initial registered agent and the ~ of its initial registered office in the Stare of Washington are as follows: Name Annette Demps Keith D=ps Address 2308NE24th Renton, WA 98056 The rel!istered office and registered agent may be changed by Manager by filing and ameJldrneclr to the Certificate of Formation or such other fonns as are required by the W ashlngton Seci;etary of State. 3. PJ@re of 8usiness. The principal place of business of the Company shall . be 220 SW Sunset Blvd, Ste E202,Renton WA 98055. The Cornpanymay locate its place of business at llllY other place or places as the Company may from time to time deem advisable. 4. ~-The company shall have perpetual existence, unless the Company is dissolved in accordance with the provisions of this Agreement rn :381/d 8n~1SN08 AlilllnO a II L,:50 L00Z/sl/L0 G0 391;/d s. Pprpose. The pU1pOse of the Company shall be teal estate rental properties. The Company shall have no other pui:pose without the approval of the Members. 6. Man9gement The affairs of the Company shall be managed by Annette Demps who shall be the Manager of the Company (the "Managet'). 6.1 Authority of the Mamtr. TheManagei is authorized to: (a) Except as provided in Section 6.2 of this Agreement. acquire, improve, manage, charter, operate, sell, transfei-, exchange, encumber, pledge or dispose of any real or pernOna! property of the Company as is coll$istent with the business of the Company. (b) l>repare and implement aonual budgets for the operation of the c.ompany. © Open bank accounts in the name of the Company upon which the Manager shall be the sole signer, unless the Manager detennines otherwise; (d) Execute instniments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of ttuSt. security agreements, financing statements, documents providing for the acquisition mortgage or disposition of the Company's property, assignments, bills of sale, leases, partnership agreements operating agreements of other lill'.lited liability companies, and any other ·instruments or documents necessary, io the opinion of the Manager, to cany out the bus.iness of the Company; and (e) Do and perfonn all other acts as may be necessary or appropriate to the conduct of the Company s hU$llless. 6.1.1 Right tn Rely on the Mgnager. Any person dealing with the Company may rely (without duty of further inquiry) upon a certificate signed by the Manager as to the identity and authority of the Manager or other person to act on behalf of the COlll])8llY or any Member. 6.2 Majol' Decision&. Neither the Manager nor any other Member shall have any authority to do any of the following without the approval of Members holding in t.he aggn,gate a majority of the Pexcentage Interests in the Company. {a) Sell. transfer or encumber all or any material part of the Company propercy other than in the noimal course of business; (b) Do or cause to be done any act which has or would have a material adverse effect on the Company property or the Company. 2 O~lSNOO A1Il\/na a l;I Lt'60 L00Gl"r.ll~ E0 39'1d 6.3 X..imitatioo on Liability of MaD'lf".l". The Martager shall not be liable, resp0nsible or accountable in damages or otherwise to the Company or the Members for any act or omission by any Manager petfonued in good faith and in a maruier reasonably believed by the Manager to be within the scope of the Manager's authority and in the best interest of the Company, provided that such a.ct or omission did not constitute fraud. rniscondu~t, boo faith or gross negligence. Managers shall be fully protected in relying in good faith upon the records required to be maintained under this Agreement al)d upon such information, opiru.OJ'.l.i, teportS or statements by any of it<; other Members, or agents, or by any other persllDS who have been selected with reasonable care by or on behalf of the Company, as to matters the Manager reasonably believes are within such other pC1'$0n 's professional or expert competence, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company or any other facts penmen! to the existence and amo\lIII of assets from which distributions to Mem~ :µright properly he paid. · 6.4 In@oij'lcation ofM@oager. The Company shall indemnify and hold armless each Manager against any liability, loss, dam11ge, cost or expense incurred by the Msiager on behalf of the Company or in furtherance of the Company's interests, except where the Manager has engaged in fraud, misconduct, bad faith or gross negligence. However, no Metnber sball have any perSOJJal liability for the satisfaction of any required indemnification af tbe Manager. A.ny indemnification required to be made by the Company shall be made prOmptly following the fixing of the liability, loss, damage, cost or expense incWTed or suffered by a final judgment of any court, settlement, agreement or otherwise. In addition, the Company may advance funds to a Manager claiming indemnification under this Section for legal expenses and other costs incurred as a result of a leg;tl action brought against the Manager if (i) the legal action relates to the performance of duties or services by the Manager on behalf of the Coim,any, (ii) the legal action is initiated by a party other than a Member, and (iii) the Manager undertakes to .repay tbe advanced funds to the Company if it is detemii11ed d!at the Manager is not entitled to indemnification purSuant to the teDn& of this Agreement. 7. Contribnli9.!!§ to the Company. 7.1 Capital ContributiOD§. Upon signing this Agreement, the Members shall contribute the cash, property or other valuable cons.idi:ration t'Capital Contribution") as set forth next to the Member's name listed at the end of this Agreement After the initial Capital Contribulions, no additional Capital Contn'butions shall be iequiml of the Members. 7.2 Percentage Inla'est. "Percentage Interest'' means the percentage of the total ownership of the Company held by a Member, and .is generally determined based upon the ratio !bat the individual Member's capital contributions bear to the total af al Members' capital contributic>ns. The Members shall have initial Percentage Interests in the Company as set forth opposite each Member's name listed at the end of this 3 ' , t,0 391/d Ag,;eement. Subsequont changes ill the: Members· Percentage Jnr.erests shall be reflected in the Company's books and records and in an amendment to .this Agreemem. 7.3 Capital Asc9nnts. Each Member shall have a capital account on the books of !he Company ("Capital Account"). A Member's Capital Account shall be increased by the Member's capital contributions to the Company and the Member's slwe of net income of the Company, and decreased by the Member's shale of net losses of the Company and Cash distributions. Such capital accounts shall at all times be maintained in compliance with the provisions of Section 704 of the lnl:i!IIW Revenue Code of 18%. 7 A Allocation 9f Profits and Losses. Profits, losses and credits of the Compauy resulting from operations shall be allocated among tbe Members in pTOPOrtion to the Members' Percenta&e Interests. 7.5 Cash Distributions from Operations. Cash flow of the Company in any period shall cODSist of the total cash receipts of the Company less all cash disbw'sements and less reserve reasonably required for Company business. Cash flow of !he Company resulting from operations shall be di.sa:i.buted periodically among the Members in ac.:.ordance with their Perce.o.ta&e Interests. 7.6 No J»terest oo Capital Contributinp§ No interest shall be paid on any capital contnl>utions or capital accounts of the Members. 7.7 Lop tQ Cemp!DY, Nothing in this Agreement shall prevent any Member from ma.king secured or unsecured loans to the Company. 8. AcCOUDting, Books and Records 8.1 Acgmoiiug Period. The Company's accounting period $ball be the calendar year. 8.2 Records. Audits and Reports. The Company shall maintain !'ecords and aci:ounts of all operations and expenditlll'eS of the Company. At a minimum the Coinpany shall keep at its principal pla,;:e of business the following records. (a) A list setting forth the full name and last known mailing address of each current and past Member, (b) A copy of the Certificate of Fo11DatioD and all amendments thereto; @ A copy of this Agreement and all amendments hereto (d) A copy of the Company's federal, state, and local tax returns and reports, if any, for the three most recent years; (e) A copy of the Compaiiy' s financial statements for the three most recent years. 9. @!gh18 au!! Oblipiions of the Members. 4 L1'60 L00G/SG/L0 90 38~d 9.1 Limitation of Liability of tne Member_ A Member's personal liability shall be strictly limited as set forth in thi~ Agreeni1mt and the Act 9.l,l Liability foa: Company Obligations. Except as otherwise required by law, the Members shall not be personally liable for any debts, obligations, judgments or lillbilities of the company beyond the Membffl' Ca.pita! contribution(s}. 9.l.2 Liability t.o company. Tb.e Members shall not be liable, responsible or accountable in damages or otherwise to the Company for any act or omission by such Member perfonned in good faith and in a maimer reasonably believed by the Member to be within the scope of the Member's authority and in the best interest of the Company; provided that such act or omission did not constitute fraud, misconduct. bad faith or gross negligence. 1'he Member shall be fully prot.ected in relying in good faith upon the record& required to be maintained under this Agreement and upon infon])alion, opinions. reports or statements by any other persons who have been selected with reasonable care by or on behalf of the Company, as to matters the Member reasonably believes are Within such other person's professional or expert competence, including information, opinions, reports or statements as to the value and amount of the assets, liabilities, profits or losses of the Company, or any other facts pertinent to the exisr.ence and amount of assets from which distributions to the Members migllt properly be paid. 9.2 ,:,+mnificatie The Company shall indemnify and hold harrnlr:&S the Members against any liability, losi;, damage, cost or expense incuned by the Members Oll behalf of the Company or in furtherance of the Company's interests, except where a Member has engaged in fraud, misconduct, bad faith or gross negligence. Any indemnification required to be made by the Company shall be made promptly following the fixing of the liability, loss, dainage, CO/it or expense incurred or siit!Cffll by a final judgment of any court, settlement, agree:coent or otherwise. In addition, the Company may advance funds to the Members claiming inc:lenmification under this section for legal expenses and other costs incUited as a result of a legal action brought against the Members if (i) the legal action relates to the performance of duties or services by the Members on behalf of the Company, and (ii) the legal action is initia.t.ed by a paity other than a Member. 10. Dissolution and T"1"'111ination. lOJ Dissolytinp The Company shall be dissolved upon the first to occur o f the following events: a) The expiration of the term of existe!M:e of the Company, if any, as set forth in the Certificate of Fomiati.on; b) The sale or disposition of all the Company assets with no .i!1tent of 5 • the. Men:ib«s to continue any business in the Company; Or c) The written consent of the Members. Notwithstanding lhe provisi®s ofRCW 25.15.270(4), as such statute now exists or is hereafter amended, a dissociation of a Member shall not dissolve the Company, but the Company shall continue in full force and effect. Notwithstanding the provisions ofRCW25.15.130(l)(d),(e) and (f), as such statue now exists or is hereafter amended, no dissociation of tile Member shall occur upon the occunence of events de&cribed therein. 10.Z Distributjon of Cash Upon Tenniuation. Upon the dissolution of the Company p'llrSUa!lt to Section 10.1, the company affain shall be woUI!d up as expeditiously as possible, the assets sold, and the Company ter.lllinaled. However, some or all of the Company's assets may, after payme11t of all Company liabilities, be distributed in kind to the Members. After payment of an Compeny liabilities and expenses of sale, the remaining cash and/or assets shall be distribnted to the Members. 10.3 Gain or Loss. Any gain or loss on the dispositiOD of Company propei1ies in the process of Iiqoidatioo shall be credited or charged to the M~. 10.4 Company Assets Sole Source. The Members shall look solely to the Company's assets for the payment of any debts or liabilities owed by the Company to the Membei:s an for the return of capital Conlributions and liquidation amounls. If the Company ptoperty remaining after the payment or dischiirge of all of its debts wid liabilities r.o persons other than the Members is insufficient to return the Members capitsl contributions, the Members shall have no recourse therefore against the Company. 11. Alll$Pdm.ents· Any amendment to this Agreement lIIUSt be in wJitiDg and signed by the Members .. 12. Severability. If any provision of this Agreement or the application thereof ro any peroon or circumstance shall be invalid, illegal or unenforceable to any exr.ent, the remainder oft.bis Agteement ad the application thereof shall not be affected, and shall be enforceable to the fullest extent permitted by law. 13. Heirs. Sug sp :Si and Assigns. Each of the coveruwts. terms, provisions lllld agreements herein constrained shall be binding upon and inure to the benefit of the Members hereto and, to the eis:teut pe.miitted by this Agreement, the Members' res~ve heirs, legal ~tatives, successors and assigns. 14. Credirors. None of the provisions of this Agreement shall be deemed or construed to be for the benefit of or enforceable by any creditors of the Company. 6 0188U1:S1:t 15. Govetping Law. This Agreement shall be govetned by, constmed and enforced in accotdance with the internal laws of the state of Washington, ·without giving eJ'fect to principles and provisions thereof relating t.o conflict or choice of Jaws, irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie in Snohomish County, Washington. IN wr.rNESS WHEREOF, !his Agreement has been signed by the undersigned Members effective as of the date first written above.. Capital Contribution 50% ;q_L)~ 'Ke.itb Demps Sr. 50% lcert!fythatlknaw01:bavesatlsfactozye-.>ideticethat Aont.Ht. t /1ti'fb 1:Jem.g Signed This Instrument and acJmowledged tt to hJs hls/her /their free and voluntaiy act for the = puxposes mentioned in the instrument. Notary (Print) MY appointnient expires: '-f -19-~ O! {) 7 0'C88U1:9Z1' L,:50 L001:/91:/l0 L0 39\td >EVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS. 'leighborhood Detail Map , rhis requirement may be waived by: I. Properly Services Section ' Public Works Plan Review Section I. Building Section I. Development Planning Section PROJECT NAME: DATE: i(\e_ )Y/(N J-D£l~N"f PLANN1N 10 m% <rr CITYOFREN"TON G AUG I ~, 2007 RECEIVED DEVELOPMENT SERVICES DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Wireless: Applicant Agreement Statement 2 AND• Inventory of Existing Sites 2 AND 3 Lease Agreement, Oran >ANo 3 Map of Existing Site Conditions 2 AND• Map of View Area 2AN0• Pholosimulalions 2 AND• is requirement may be waive\! by: Property Services Section 'ublic Works Plan Review Section luilding Section ievelopment Planning Section Li t; . i;:N !4ML OJ:!.., hY IJw- PROJECT NAME: _?;L--~-'-, C _ _ccS_Y'cf''-'=-.· c_t _8c_a_J-__ DATE: _ _,_/-'='o'-m'--'-'-(,\j"-"~-+/ _____ _ I -1 o : '-L'.o\ '.) , SI · Q(o ~ S / DAN \(I\J.,\'-.,'-,4- I ci pc\c j ~? ~ Pre-application meeting for the RTC SHORT PLAT 650 Monroe Avenue NE PRE07-034 City of Renton Development Services Division May 10, 2007 (' fife. C' C I Contact information Planner: Andrea Petzel ( 425) 430-7270 'I i I O· Public Works Plan Reviewer: Arneta Henninger (425) 430-7298 Fire Prevention Reviewer: James Gray (425) 430-7023 Building Department Reviewer: Craig Burnell, (425) 430-7290 \ , ~ .... "~ r ~) 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 appli<;ant is cautioned that the development regulations ore amended at times, and the proposal will be formally reviewed und·er the regulations in effect at the time of formal 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). T8 39\/d DATE: TO: FROM: SUBJECT; FIRE DEPARTMENT MEMORANDUIVI May3,2007 Andrea Petzel, Assistant Planner _ /JI James Gray, Assistant Fire Marshal V RTC Short Plat, 650 Monroe Ave. NE Fire Department Comments: 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single- family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structure. 2. A fiie mitigation fee of $488.00 is required for all new single-family structures. 3. Fire department access roadways require a minimum 20-foot wide paved roadway. 4. All building addresses shall be visible from a public street. Please feel free to contact me if you have any questions. i:\rtcsp.doc DATE; TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM May 8, 2007 Andrea Aroeta HeDil.inger X7298 MONROE SHORT PLAT 650 MONROE AVE NE PREAPPLICATION 07-034 3 SINGLE FAMILY LOTS NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN Tms REPORT: The following comments on development and permitting issues 1tre based on the pre- applieation submittal& made to the City of Renton by the applicant, The applicant is ca.utiou.ed that inforn1atio11 contained in this SUDIDlary may be subject to modification and/or eoncurrence by official decisi<>n makers (e.g. Bearing 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. I have reviewed the preapplication for this 3 lot plat located in Section 9-23-5 and have the following comments: SEWER: • This project is not located in the Aquifer Protection Zone. • There is an existing sanitary sewer main in Momoe Ave NE. • The applicant is responsible for providing sanitary sewer to serve the new lots. • The two new lots will be required to install new side sewer stubs. The existing Jot shall be required to cap the existing stub at the property line and install a new 4" stub to the home. • Individual. side sewers are required, dual sidesew~'fs are not allowed. • This site is ]ocat~d in the Monroe Ave NE Special Assessment District (SAD 8604). This assessment fee is $10,095.90 and is required to be paid prior to issuance of a construction pennit. • This project site is also located in the East Renton Interceptor Special Assessment District (SAD 0002). This assessment fee is $316'.80 each for the two new lots that are being created and is required to be paid prior to issuance of a constroction permit. • System Development Charges of $1017 per lot are required. The Development Charges are collected as part of the construction permit and prior to recording the short plat. rn 38\/d MQi1roe Shon: Pb1t Pl'eapplication Pagt:-2 WATER: • This project is located in the City of Renton water service area. • There is an existing JO" waiermain in Monroe Ave NE. See City of Renton water dn,win·, WI 967 for detailed engineering drawings. • This project will be required to install a new 8"watermain extension in a 15' watem1ai:t easement along the north property line extended to the east property line of the propose,' development. An additional fire hydrant will also be required to be installed as a pan of th,, development. • This project will be required to provide domestic water service to serve the new lots. • All plats are required by City code to provide a fire hydrant with a minimum fire flov. requirement of l,000 GPM within 300 feet of any proposed single-family structure. Thi, distance is measured along a travel route. Per the City of Renton Fire Marshal, if the proposed single-fiunily structures exceed 3,600 square feet, the minimum fire flow increases to 1,500 GPM and requires two hydrants witlrin 300 feet of the structure. Additional frre hydrants may be required as a part of this project to meet this criterion. The fire hydrants must meet all current City of Renton stlllldards. • System Developmmt Charges of $1956 per lot are required. The Development Charges are collected as par1 of the construction permit and prior to recording the short plat. STORM DRAINAGE: • This project site is in the North Renton drainage basin. A conceptual drainage plan and drainage report shall be submitted with the preliminary short plat application for this project. The conceptual drainage plan is to include detention and water quality treatment for the fully built out shor1 plat, including future houses, driveways and roadway improvements. The runoff from the = houses must be tight lined into the stonn drainage system constructed for the preliminary short plat. The drainage plan is to be first designed per the 1990 King County Sunace Water Drainage Manual to determine if detention is required. If detention is required then it shall be designed per the 2005 King County Surface Water Drainage Manual. This is a condition of the short plat. • Tnere are stonn drainage facilities in Monroe Ave NE. • The Surface Water System Development Charges of $759 per lot applies to the proposed project. The Development Charges are collected as part of the construction permit STRf;§T IMPROVEMENTS: • Projects that are 2 to 4 residential lots in size are required to provide half pavement width per standard with curl:>, gutter and a 5 foot sidewalk on the project size. • Projects that are 2 to 4 residential lots in size are not required to install street lighting. • All lot comers at intersections of dedicated public rights-of-way, shall have minimum radius of 15 feet. ' • All new electtical, phone and cable services to the plat must be undergrounded. Constrnction of these franchise utilities must be inspected and approved by a City of Renton public works inspector prior to recording of the plat. rn:z:1 /i:1 17:/TT/Sll t,0 391/d Monroe Short Plat Preapplication Pag~3 • The Traffic Mitigation Fee of approximately $750 per new lot shall be paid prior to issuance of the construction pemrit. GENERAL: • All required utility. drainage and street improvements will require separate plan submittals prepared according to City of Renton drafting standards by a licensed Civil Engineeir. All plans shall be tied to a minimum of two horizontal and vertical control per the City's current horizontal and vertical control network • Additional information regarding detailed plan review will be provided al the time of formal application. • Perm.it application must include an itemized cost estimate for these improvements. The fee for review and inspection of these improvement is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but !es$ than $200,000, and 3% of anything over $200,000. Half of the fee must be paid upon application for building and construction permits, and the remainder when the pe11nits are issued. There may be additional fees for water service related expenses. See Drafting Standards. MONROESHPL.1' A 90 39\/d Jnd.LSNOJ A.l 11\/nD a \I ~e:~t LP9~/t1/90 DATE: TO: FROM: SUBJECT: General May 10, 2007 CITY OF RENTON Planning/Building/Public Works MEMORANDU~1 Pre-Application File No. PRE07-034 Andrea Petzel, Planner (425) 430-7270 RTC Short Plat We have completed a preliminary review of the pre-application for the above-referenced development proposal. The following comments on development and permitting issues are based on the pre- application submitra/s made to the City ofRenron by the 1,pplicant and the codes in effect on the date 0,1 review. The applicant is cautioned that information contained in this summary may be slibject to modificatton and/or concurrence by official decision-makers (e.g., Rearing Examiner, Zoning Administrator, Development Services Director, Public Works Administrator, and City Council). Revie.v comments may also need to be revised based on site planning and other design changes required by Cit·, staff or made by the applicant. The applicant is encouraged to review all applicable sec,ions of the Renton Municipal Code. Toe Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on the City's website www.rentonwa.gov. Project Proposal The subject property is zoned Residential-8 (R,8), and is located at 650 Monroe Avenue NE. The proposal is to subdivide an approximately 19,887 (0.46 acre, gross) parcel into three lots. The site contains one existing house, which would be demolished and three new single-family residences woul•' be built. Proposed gross lot sizes are approximately 6,684 square feet (Lot l); 6,864 square feet (Lot;); and, 7,780 square feet (Lot 3). All three lots would be accessed from a private access easement from Monroe Avenue NE. Development Standards Zoning/Densjty Requirements -l11e subject property is located within the R-8 zoning designation. 'Fe density range required in the R-8 zone is a minimum of 4.0 to a maximum of8.0 dwelling units per a,:e (dulac). A three lot short plat of a 0.38-acre (net) parcel would :result in a density of 7.89 du/acre. Renton Municipal Code requires a 26 foot-wide access easement, not the 20 foot-wide presented in the applicant's plat plan. The result is 3,432 sq. ft. (26'xl32') subtracted from the overall plat plan, leav, ,g 16,507 net sq. ft. (0.38 acres). With a density of7 .89 du/ac, the short plat meeis code requirements. Minimum Lot Size, Width and Depth-The minimum lot size permitted in the R-8 is 4,500 square fo.t for lots greater than I acre in size and 5,000 square feet for lots l acre or less in size. A minimum lot width of 50 feet for interior lots and 60 feet for comor lots, as well as a minimum lot depth of 65 feet is also required. The total area of the proposed subdivision is less than I acrn, so the minimum lot size ,s 5,000 square feet. As drawn on the plat plan, all three lots meet both the lot width and depth requirements. Building Standards-The R-8 zone allows a maximum building coverage of35% of the lot area or 2 500 square feet, whichever is greater. Building height is restricted to 30 feet and 2-stories. Any detache,i accessory structure must be below a height of 15 feet and one-story. The gross ±loor area must be le•s than that of the pnmary structure. Accessory structures are also included in building lot coverage calculations. Deta,:;bed accessory structures (garages, sheds, etc.) are pennitted at a maximum number of 90 38Vd 01881:'_ZST.t RTC Short Pl~t Pti::-Application Meeting M;y 10, 2007 Page 2 of 4 two per lot at 720 square feet each, or one per lot at 1,000 square feet in size. As proposed there appears to be enough land to satisfy lot coverage requirements, provided the existing house is removed. *Prior to $horl plat recording the applicant will be required to demolish the existing house. A demolition permit can be obtain&d from the Building Department al the front counter of the 6" Floor, Renton Ciiy Hall. Setbacks -Setbacks are the mmimum required distance between the building footprint and the propert;1 line or private access easement. The required setbacks in tho R -8 ·rone a:re 15 feet in front for the primary su-ucture; 20 feet in front for the attached garage; 20 feet in the rear; 5 feet for intenor side yards; 15 feet for side yards along streets (including access easements) for the primary structure; and, 20 feet for side yards along streets (including access easements) for attached garages. The front yards of Lot I would face west toward Monroe Avenue NE. The front yards for Lots 2 and 3 would face north. As proposed, the project would comply with setback requirements only if the exisling house is removed. Access/Parking -Street improvements, including, curbs, gutter and sidewalk, are required along of the frontage of the property. The applicant may ask to have this requirement deferred, but a fee-m-lieu of would be required at a rate that it would cost the City to construct these improvements. The money woc:ld go to a general street improvement fund and not necessarily be used on improvements along the applicant's site, Each lot must allow for the parking of two vehicles on the property.-Street improvemnts along Monroe Avenue NE would be required. *The easement across Lots 2 and 3 will be required to be placed in a separare tract. Landscaping Landscaping h,, roquired along the frontage of all new short plats. Monroe Avenue NE is considered a minor arterial street and therefore a 10 ft. wide irrigated or drought resistant landscape strip is the minimum required amount of landscaping. A 10 ft. landscape strip will be required in the nght"ot~way, where possible, and on the lots themselves where there is not enough space for the strip in the right~of- way. Landscaping must be installed prior to final plat approval and recording~ 11'1 addition to the 10 ft. landscape strip requiremen~ the tree requirement for short plats ir at least two trees of a City approved species with a minimum caliper of l 1/2 inches in the front yard m· planting stri, on every lot. The trees must be planted prior to building-occupancy. Fences • A Conceptual Landscape Plan, showing the two trees per lot and the plantings in the 5 fl. landscape strip, as defined in RMC 4-8-120D mu# be submitted at the time of short plat application A Detailed Landscape Plan will be required at submittal for final short plat review. Permitted fonce height is 48" in the front yard and side yards along a street, and 72" in the rear yard aPu interior side yards. Fences cannot exceed 42" in height in the clear vision area of comer lots. Please s,•e enclosed handout on fences for specific details. If the applicant intends to include a fence as part of U,e landscaping, please submit conceptual fence details along with the landscape plan. Critical Areas There is no indication of critical areas onsite. lf there is any indication of critical areas on the site, this must be disclosed to the City prior to development and appropriate studies must be undertaken. Significant Tree Retention A tree inventoi:y and a tree retention plan shall be provided with the formal land use application. The tre,: retention plan must show preservation ofat least 25% of significant trees [those with a minimum diamet,, of 8" (evergreen) or 12" (deciduous) when measured four feet above grade], and indicate how propose I building footprints will be sited to accommodate preservation of significant trees that will be retainec'. 1.0 3')\id :in:,1SHO'.:' ,U I1\/nO a \I RTC Short Pla.c Pr,-Appli~::ition Meeting M,y 10, 2007 Pag~ 3 of 4 Based on a staff site visit there are several significant trees on the property that will need to be disclose,.\ on the tree cutting plan. Consistency with the Comprehensive Plan The existing dev~lopment is located within the Residential Single Family (RSF) Comprehensiv~ Plan Land Use designation. The following proposed policies are applicable to the proposal, Land Use Element Objective LU-FF: Encourage re-investment and rehabilitation of existing housing, and development of new residential plats resulting in quality neighborhoods that 1. Are planned at urban densities and implement Growth Management targets, 2. Promote expansion and use of public transportation; and 3. Make more efficient use of urban services :ind infrastructure. Policy LU-149. Lot size should exclude private sidewalks, easements, private road, and ddv~wav easements, except alley easements. · Policy LU-150, Required setbacks should exclude public or private legal access areas, established through or to a lot, and parking areas. Policy LU-152. Single-family lot size, lot width, setbacks, and impo:rvious surface should be sufficient o allow private open space, landscaping to pl'ovide buffers/privacy without extensive foncing, and sufficint area for maintenance activities. ' Policy LU-154. Interpret development standards to support new plats and infill project designs il'l.Corporating street locations, lot configurations, and building envelopes that address privacy and quali1v of life for existing residents. Comzmmity Desi&,'11 Element Polley C0-12. Infill development, defined as new short plats of nine 01· fewer Jots, should be encouraged in order to add variety, updated housing stock, and new vitality to neighborhoods Policy CD-13. Infill development should be reflective of the existing ~haracter of established neighborhoods even when designed using different architectural styles, and/or responding to more urb, 1 setbacks, height or lot requirements. Infill development should draw on el•ments of existing develop1r<cnt such as placement of structures, vegetation, and loca(jon of entries and walkways, to reflect Urn site planning and scale of existing areas. Permit Requirements To subdivide the lot, the applicant must make formal short plat submittal. A submittal checklist, listin, the items that must be included in the submittal packet to the City, is included in the preapplication meeting packet of infonnation. •Once the short plar application materials are complete, the applicant is strongly encoiirageo to have one copy of the application materials pre-screened at the 6'' floor front counter prior w submitting the complete application package. Short plats are processed administratively within an estimated time frame of 6 to 8 we~ks for prelimirary r short plat approval. The application fee is $1,000.00. The applicam will be required to install a pubh: information sign on the property. Detailed information regardi11g the land use application submittal;,, provided in the attached handouts. Once preliminary approval is received, the applicant must complete any required improvements, sud as pl.ltting in sidewalks, a fire hydrant or grading. A separate constructton pennit is req1.1ired for these improvements. The applicant must also satisfy any conditions of the preliminary approval before tht plat can be recorded. A separate (no-fee) submittal is required for the final short plat. The newly created lots may be sold only after the plat has been recorded. The applicant can submit for a bui.Jdi_ng permi_1 re·. iew for tho new house before the short plat is recorded, but the C1\y can only issue the building penm\ w ,en the plat has been recorded. 88 39\!d 0T88T/7'i?:t rn::::-:1 /r ·i::-./TT/'~O RTC Short Ptat Pri;:~Applicaticm Met:ting May 10,2007 Page:: 4 of4 Fees In addition to the fees for review of the land-use, construction and buildmg permits, the fees would be required prior to the recording of the plat. • A Transportation Mitigation Fee based on $75.00 per each new average daily trip attributabk to the project; and, • A Fire Mitigation Fee based on $488.00 per new single-family residence. • The R-8 zone permits one residential structure per unit per lot. The applicant would be requir ,od to obtain a demolition permit for the existing house. Demolition permits are valid for a period of six months. A handout listing all of the City's Development related fees in attached for your review. Expiration Upon preliminary short plat approval, the preliminary short plat approval is valid for two years with a possible one-year extension ifrequested in writing prior to the O><piration. ,;.c: Jennifer Henning OT88T/7'~-i~,t, tD'.7.T /fi 17./TT/i;n 50 39\ld DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone:425-430-7200 Fax 425-430-7231 1. Gross area of property: 1 VELOPMENT CITY OF RE~11i~NING ~UG 1 2 2007 RECEIVED 19 886 square feet 2. Deduction: Certain areas are excluded from density calculations. Public street** Private access easements** Critical Areas* Total excluded area: 3. Subtract Line 2 from line 1 for net area: 4. Divide lien 3 by 43,560 for net acreage 5. Number of dwelling units or lots planned 6. Divide line 5 by line 4 for net density 3 388 2 3 388 square feet 3 16 498 square feet 4 0.379 acres 5 ____ 3~ unit/lots 6 ___ 7,_."'9=2 du/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 deducted/excluded. ** Alleys (public or private) donor have to be excluded, Project: RTC Short Plat (871-005-071) Date 13-Jul-07 JOB NO. 871-005-071 PREPARED BY TOUMA ENGINEERS DfYELOPMENT PLANNING CITY OF RENTON AUG 1 2 2007 RECEIVED 6632 SOUTH 191ST PLACE, SUITE E-102 KENT, WA. 98032 (425) 251-0665 July 19, 2007 -1 This project involves about 0.46 acres of plat and 0.04 acres of RlW improvements in the southeast quarter of Section 9, Township 23 North, Range 5 East W. M. The present zone designation is (R-8) with about 3 lots allowable . The proposal is for the creation of a 3 lot "Fill in" subdivision on this property. Monroe Ave. NE lies to the west and is developed with about 13' of paving, and curb on the east side of the street. A 5' sidewalk is to be added along the frontage. A single family residence is situated on the property with garage and landscaping with a back yard. The existing structures are to be removed to allow for this 3 lot short plat. The soils on the site are composed of AmC(alderwood) gravelly and fine sand per the King County Soil Survey. The existing soils as indicated by the King County Soil Survey are AmC (Alderwood). This soil is listed as type "C" and usable for roof infiltration! and is good for infiltration system. The site will accommodate 3 lots with frontage along Monroe Ave. The 3 lots will be served with 20 foot wide joint use asphalt driveway leading from the street. The existing topography is gently sloping down from the northeast corner to the southeast corner at about 4%. The west portion of the site in the area of the existing house slopes down to the south at about 1 %. The proposed development of the property is considered as "infill" project and it is located in a Single Family (SF) zone. The City of Renton designates the site with the R 8 zoning. The RB allows detached dwellings, a maximum density of 8 units per net acre. Minimum density requirements do not apply to this parcel, since its size is less than one-half acre. Based the number of lots proposed and the size of the parcel, the density is calculated at 7.92 du/ac. The existing site has been developed with a single family house, garage and shed, all to be removed for this proposal. These conditions will be considered as existing during the design stage of this project based on the 1990 KCSWDM. If detention is found to be required the storm drainage system is to be designed using the 2005 KCSWDM. The setbacks allowed in the SF zone are as follows: front yard setbacks, 20 feet; rear yard setbacks, 15 feet, and side yards setbacks, 5 feet on all interior lots, and 1 O feet on corner lots. The City of Renton Comprehensive Plan designates the site as Single-Family Residence, which is consistent with present zoning. -2 Most of the off-site improvements exists adjacent to the site, particularly along the West side of Monroe Ave NE. A 5' sidewalk is to be added along the frontage. A single family residence is situated on the property with garage and landscaping with a back yard. The existing structures are to be removed to allow for this 3 lot short plat. The site is bounded on the North and South by existing residential sites. All utilities are available to the site on Monroe Ave NE. There is a 12" cedar , 15"cedar and a 15" pine will be removed because of proposed 26' private access easement and a 15"cedar and 12"cedar will be removed because they within the building envelope of proposed lot 2 and would be difficult to save them. -3 PREPARED BY TOUMA ENGINEERS FOR A AND D CONSTRUCTIION 2308 NE 24TH STREET RENTON, WA 98056 July I 9, 2007 DEVELOPMENT p CITY OF RENT~,!'JING AUG 1 2 20:;7 RECEIVED • .. CONSTRUCTION MITIGATION PLAN For RTC Short Plat 650 Monroe Ave. NE Renton, Washsington PROPOSED CONSTRUCTION DATES The proposed construction of the private road and utilities on the project will proceed once the final construction drawings are approved by the City of Renton, and all applicable pennits are received. This construction will be performed under one contract for the entire development without phasing. Extension of construction time may be required. The construction of the houses will begin after the road and utilities have been completed and accepted by the City. HOURS OF OPERATION The hours ofoperation will be limited to hours between 8:00 am to 5 :00 PM. These hours may be shortened or lengthened with the approval of the City of Renton Deparbnent of Public Works. Typically, construction of this nature will occur during the daytime hours, 5 or 6 days a week. PROPOSED HAULING/TRANSPORTATION ROUTES The earthwork anticipated on this project is minimal, and encompasses excavation of proposed private easement that will serve proposed single-family lots. The excavation of material is estimated at 40 cubic yards. The unsuitable material will be disposed on site or hauled away. All vegetation and non-marketable small trees will be chipped and hauled off site to an approved disposal site. Stripping (topsoil) that may be taken from the site area depending on the quality of the material. If the material is acceptable, it may be spread along the front and back of the lots for planting of lawns. In the event disposal of the chipped material is required, then the hauling and disposal will be to an acceptable site. as allowed by the City of Renton. All trees designated to be removed will be cut and removed from the site. The hauling and transportation routes will be mainly via Monroe Ave NE North and South of the site. The hauling will be limited to excavated access material and new material to be used for construction of the plat improvements. CONSTRUCTION MITIGATION Construction equipment used on this site will be typical backhoes, a small CAT and grader, and roller. The equipment will be used in accordance with the City of Renton requirements. The measures to be implemented to minimize dus~ traffic and transportation impacts, mud, noise, etc. will be adhered to during construction. Erosion control measures will be implemented during construction, such as silt fences. Detail erosion plans will be prepared showing control facilities. ' Form No. 1068·2 mmitment No.: 4209-1076785 Page 1 of 8 ALTA Plain Language Commibnent First Ammfcan Title Insurance Compa, , 2101 F-ourth Ave, Ste 800 First American ~Seattle,.!',~ (800)826-7718 ~c'JE\.OP "'tj:;r6f{v~v V<-Gin' r. . ~llG \ -:, 2001 Title Team One E':-JEO Fax No. (866) 904-2177 Re.C ,I · Pat Fullerton (206) 615-3055 pfullertonOflrstam.com Colleen Franz (206) 615-3050 cfranz@flrstam.com Jennifer Salas (206) 615-3011 Jsalas@flratam.com Amy Garza (206) 615-3010 Tina Kotas (206) 615-3012 amgarza@flntam.com tkotas@flrstam.<:om To: RE/MAX -Metro Realty 2312 Eastlake Ave E Seattle, WA 98102-3306 Attn: Mariala Fletcher Re: Property Address: 650 Monroe Avenue NE, Renton, WA 98056 COMMITMENT FOR TITLE INSURANCE Issued by File No_: 4209-107678[ Your Ref No.: FIRST AMERICAN TITLE INSURANCE COMPANY Agreement to Issue Policy We agree to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed Insured in Schedule A, this Commitment becomes effective as of the Commitment Date shown in Schedule A. If the Requirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end_ Also, our obligation under this Commitment will end when the Policy is issued and then our obligation to you will be under the Policy_ Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The General Exceptions and Exceptions in Schedule B-IL The Conditions. This Commitment is not valid without Schedule A and Section I and II of Schedule B. Rrst American T,t/e t=orm No. 1068-2 ALTA Plain Language Commitmen •mmitment No.: 4209-1076785 Page 2 of 8 SCHEDULE A 1. Commitment Date: July 03, 2007 at 7:30 A.M. 2. Policy or Policies to be issuec: AMOUNT PREMIUM TAX Builder's Rate Standard owner's Coverage $ To Follow $ To Follow $ To Fcdow Proposed Insurec: To Be Determinec Simultaneous Issue Rate ' . Extended Mortgagee's Coverage $ To Follow $ To Follow $ To Follow Proposed Insurec: To Be Determined 3. (A) The estate or interest in the land described in this Commitment is: A fee simple. (B) Title to said estate or interest at the date hereof is vestec in: A and D Quality Construction, LLC, a Washington Limited Liability Company 4. The land referred to in this Commitment is described as follows: Real property in the County of King, State of Washington, described as follows: LOT 3, BLOCK 2, STEWARrs HIGHLAND ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 43 OF PLATS, PAGE 17, RECORDS OF KING COUNTY, WASHINGTON. APN: 8011100085 First American Title 'Form No. 1068·2 ALTA Plain language Commi1:me The following requirements must be met: SCHEDULE B SECTION I REQUIREMENTS ommitment No.: 4209~1076785 Page 3 of 8 (A) Pay the agreed amounts for the interest in the land and/or the mortgage to be insured. (B) Pay us the premiums, fees and charges for the policy. (C) Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded: ' (D) 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. (E) Releases(s) or Reconveyance(s) of Item(s): (F) Other: (G) You must give us the following information: 1. Any off record leases, surveys, etc. 2. Statement(s) of Identity, all parties. 3. Other: SCHEDULE B SECTION II GENERAL EXCEPTIONS PART ONE: A. Taxes or assessments which are not shown as existing liens by the records of any taxinJ authority that levies taxes or assessments on real property or by the public records. B. Any facts, rights, interests, or claims which are not shown by the public records but which coul,1 be ascertained by an inspection of said land or by making Inquiry of persons in possessi0<1 thereof. , C. Easements, claims of easement or encumbrances which are not shown by the public records. D. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. E. (A) Unpatented mining claims; (B) Reservations or exceptions in patents or in Acts authorizin J the issuance thereof; (C) Water rights, claims or title to water; whether or not the matter; excepted under (A), (B) or (C) are shown by the public records; (D) Indian Tribal Codes < r Regulations, Indian Treaty or Aboriginal Rights, Including easements or equitable servitudes. F. Any lien, or right to a lien, for services, labor or materials or medical assistance heretofore r r hereafter furnished, imposed by law and not shown by the public records. G. Afr/ service, installation, connection, maintenance, construction, tap or reimbursemed charges/costs for sewer, water, garbage or electricity. H. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing , 1 the public records or attaching subsequent to the effective date hereof, but prior to the date the proposed insured acquires of record for value the escrow or interest or rnortgage(s) therec 1 covered by this Commitment. First Amt!rican Tttle Form No. 1066-2 ommitment No : 4209-1076785 Page 4 of 8 ALTA Plain Language Commibner SCHEDULE B SECTION II EXCEPTIONS PART TWO: Any policy we issue will have the following exceptions unless they are taken care of to our satisfaction. The printed exceptions and exclusions from the coverage of the policy or pollc~ are available from the office which issued this Commitment. Copies of the policy forms should be read. 1. Lien of the Real Estate Excise Sales Tax and Surcharge upon any sale of said premises, ,f unpaid. As of the date herein, the excise tax rate for the City of Renton is at 1.78 %. Levy/Area Code: 2100 For all transactions recorded on or after July 1, 2005: • A fee of $10.00 will be charged on all exempt transactions; • A fee of $5.00 will be charged on all taxable transactions in addition to the excise tax due. 2. General Taxes for the year 2007. The first half becomes delinquent after April 30th. The secom half becomes delinquent after October 31st. 3. Tax Account No.: 8011100085 1st Half Amount Billed: $ 1,203.65 Amount Paid: $ 1,203.65 Amount Due: $ 0.00 Assessed Land Value: $ 117,000.00 Assessed Improvement Value: $ 102,000.00 2nd Half Amount Billed: $ 1,203.65 Amount Paid: $ 0.00 Amount Due: $ 1,203.65 Assessed Land Value: $ 117,000.00 Assessed Improvement Value: $ 102,000.00 Deed of Trust and the terms and conditions thereof. Grantor{Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: A & D Quality Construction Co., L.L.C., a Washington Limited Liability Company Washington First International Bank , Old Republic National Title Insurance Company $262,500.00 May 31, 2007 20070531002732 4. The terms and provisions contained In the document entitled "Deed" Recorded: September 13, 1902 Recording No.: 241456 No examination has been made as to the present ownership or encumbrances of the reserved mineral estate. Fi~t Am~an Title Form No. 1068-2 ALTA Plain Language Commitmer )mmitment No : 4209-1076785 Page 5 of 8 I 5. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundar discrepancies, notes and/or provisions shown or disclosed by Plat Stewart's Highland Acre Tract,; recorded in Volume 43 of Plats, Page 17 . Rrst American Tttfe Form No. 1068·2 ALTA Plain Language Commitment INFORMATIONAL NOTES mmitment No : 4209-1076785 Page 6 of B A. Effective January 1, 1997, and pursuant to amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. B. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It Is furnished solely for the purpose of assisting in locating the premises and First American expressly disqaims any liability which may result from reliance made upon it. C. The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the descriptiOn must appear in the document(s) to be insured. LOT 3, BLOCK 2, STEWARTS HIGHLAND ACRE TRACTS, VOLUME 43, PAGE l7 I APN: 8011100085 D. The following deeds affecting the property herein described have been recorded within 2" months of the effective date of this commitment: 20061227001272 and 20070531002731 E. All matters regarding extended coverage have been cleared for mortgagee's policy. Th, coverage contemplated by this paragraph will not be afforded in any forthcoming owner', standard coverage policy to be issued. Property Address: 650 Monroe Avenue NE, Renton, WA 98056 Rist American Tttle • Fotm No. 1068·2 ALTA Plain Language Commibnent CONDITIONS 1. DEFINITIONS -mmitment No.: 4209·1076785 Page 7 of 8 (a)"Mortgage" means mortgage, deed of trust or other security Instrument. (b )"Public Records" means title records that give constructive notice of matters affecting the titl" according to the state law where the land is located. 2. LATER DEFECTS TI1e Exceptions In Schedule B -Section II may be amended to show any defects, liens or encumbrance, that appear for the first time in the public records or are created or attached between the Commltmen: Date and the date on which all of the Requirements (a) and (c) of Schedule B -Section I are met. w, shall have no liability to you because of this amendment. 3. EXISTING DEFECTS If any defects, liens or encumbrances existing at Commitment Date are not shown in Schedule B, we ma 1 amend Schedule B to show them. If we do amend Schedule B to show these defects, liens cc encumbrances, we shall be liable to you according to Paragraph 4 below unless you knew of thi•; information and did not tell us about it in writing. 4. UMITATION OF OUR UABIUTY Our only obligation is to issue to you the Policy referred to in this Commitment, when you have met ii; Requirements. If we have any liability to you for any loss you incur because of an error in th,; Commitment, our liability will be limited to your actual loss caused by your relying on this Commltmer t when you acted In good faith to: comply with the Requirements shown in Schedule B -Section I or eliminate with our written consent any Exceptions shown in Schedule B -Section JI. We shall not be liable for more than the Policy Amount shown in Schedule A of this Commitment and m r liability is subject to the terms of the Policy form to be Issued to you. 5. CLAIMS MUST BE BASED ON THIS COMMITMENT Any claim, whether or not based on negligence, which you may have against us concerning the title U the land must be based on this commitment and is subject to its terms. First American Tttle Form No. 1068-2 ALTA Plain Language Commitment First American PRIVACY POLICY We Are Committed to Safeguarding Customer Information ~mmitment No.: 4209~1076785 Page 8 of 8 First American Title Insurance Compar, ., 2101 Fourth Ave, Ste 800 Seattle, WA 98121 Phn -(206)728-0'lOO (800)826-7718 Fax - In order to better serve your needs now and In the future, we may ask you to provide us with certain Information. We Lnderstand that you may be concerned about what we will do with such Information -particularly any personal or financial informntion. We agree that you have a r1ght to know how we WIii utilize the personal Information you provide to us. Th~refun!, together with our parent company, The Rrst American Corporation, we have adopted this Privacy Polley to govern 1J-1e use and handlirg of your personal Information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in whicn we may use information we have obtained from any other source, such as Information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of ·ts source. First American calls these guidelines its Fair Infonnab'on Values, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect in lude: • Information we receive from you on applications, forms and In other communications to us, whether in wrltingr 1n person, by telephone or any other means; • Infom,ation about your transactions with us, our affiliated companies, or others; and • Information we receive from a consumer reporting agency. Use of Information We request information fi-om you for our own legitimate business purposes and not for the benefit of any nonaffilii ted party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the ·,roduct or service you have requested of us; or (2) as permitted by law. we may, however, store such information indefinitely, Inducting the period after which any customer relationship has ceased. Such information may be used for any internal purpose, sucl·· as quality contr9I efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed abov,-to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, pr·,perty and casualty insurers, and trust and investment ac:fvisory companies, or companies involved in real estate services, such ar appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information Wf: collect, as described aOOve, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, t ·.r to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security ( We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restric.1 access to nonpublic perSOnal information about you to those individuals and entities who need to know that Information to provide r ,roducts or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your informa··ion wil! be handled responsibly and in accordance with this Privacy Policy and First American's Fair Infonnation Values. we current ., maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal info.-,nation. -_r., 2001 The Arst American Corporation • All Rigl ($ Reserved Ai'st Amerialn Title LEVEL ONE STORM DRAINAGE REPORT RTC PROPOSED PLAT 650 MONROE A VENUE NE. SECTION 9, T. 23 N, R. 5 E. W.M. RENTON, WASHINGTON 98055 JOB NO. 871-005-071 FOR: A & D QUALITY CONSTRUCTION CO. LLC 202 SW SUNSET BLVD. SUITE E 202 RENTON WA 98057, JULY 2007 Prepared by TOUMA ENGINEERS 6632 S. 191ST Pl, Suite E-102 KENT Wa. 98032 PH. 253-251-0665 FAX 253-251-0625 DEVELOPMENT Gin' OF RE~~~NING AUG 1 2 2007 RECEIVED / 6/22/1_9_...., TABLE OF CONTENTS J I. PROJECT OVERVIEW II. CONDITIONS & REQUIREMENT SUMMARY III. OFF-SITE ANALYSIS IV. FLOW CONTROL AND WATER QUALITY V. CONVEYANCE SYSTEM ANALYSIS LEVEL ONE ANALYSIS I. INTRODUCTION This project involves about 0.46 acres of plat and 0.04 acres ofr/w improvements in the southeast quarter of Section 9, Township 23 North, Range 5 East W. M. The present zone designation is (R-8) with about 3 lots allowable . The proposal is for the creation of a 3 lot "Fill in" subdivision on this property. Monroe Ave. NE lies to the west and is developed with about 13' of paving, and curb on the east side of the street. A 5' sidewalk is to be added along the frontage. A single family residence is situated on the property with garage and landscaping with a back yard. The existing structures are to be removed to allow for this 3 lot short plat. The site will accommodate 3 lots with frontage along Monroe Ave. The 3 lots will be served with 20 foot wide joint use asphalt driveway leading from the street. The existing topography is ge,itly sloping down from the northeast corner to the southeast corner at about 4%. The west portio11 of the site in the area of the existing house slopes down to the south at about I%. We plan to collect the surface runoff from the added asphalt driveway surfacing and direct it to the Monroe Ave NE conveyance system. An existing catch basin lies about I 00' south of the southwest property corner. The existing soils as indicated by the King County Soil Survey arc. AmC (Alderwood). This soil is listed as type "C" and usable for roof infiltration. Our prelimirary studies indicate that less than 0.5 cfs of peak rate runoff increase will be generated from the 100 year storm. The existing site has been developed with a single family house, garage and shed, all to be removed for this proposal. These conditions will be considered as existing during the design s,age of this project based on the 1990 KCSWDM. If detention is found to be required the storm drainage system is to be designed using the 2005 KCSWDM. REVIEW OF RESOURCES 1. City of Renton Aquifer Protection Area Map. 2. King County Soil Survey Mapping. 3. City of Renton Zoning and Subdivision Ordinances Pg. -1 IC]~ King Coun1y The included on Na map hM been compiled l)y Kinµ County ste from fl variety at BOUl'cffli 80d is subject lo i::tiarioe without notice K,ng COunty mllQt no 1'8Pf98entatloM or wamtntiet:, e~press or impl~ a,; ta aocuracy, comp le~, tim&lineas, or rlght!i lo the U9EI of wch in'forrm1t1on. This~ 18 not Intended for Ull8 at 8 SUMIY product King CoUJJty shtlll not btt fieble for llfly 11911era!, 9P8(:181, Indirect, lnclt!elltsl, or coosequent,al damegN lncilidlng, but not lil'l1lted ie, lost mver,U8$ or lost profits t&lu!!Jng from the use or ml!IUMI of the ioformatlol'l cooUtlned on this map. Any snln af this map Ot ~ on thlt map 18 pn::,hlblted axcept. by writtM permlsllion of King C01.111ty. 01'!18: 7!17/2001 Source: Kif'lg County iMAP -Hydrog<aptiic Information (http://WwWrne!rokc.gov/GISf,MAP) P~. ( tQ King County II. PRELIMINARY CONDITIONS SUMMARY CORE REQUIREMENT #I: DISCHARGE AT NATURAL LOCATION The allowable outflows from the site will be discharged to its natural locations. The level l flow control will be calculated to match the developed peak discharge rate to the existing site condition peak discharge for the 2-year and I 0-year. CORE REQUIREMENT #2: OFF-SITE ANALYSIS A level one downstream analysis is a portion of this report. See the analysis later in this repoJT below. CORE REQUIREMENT #3: RUNOFF CONTROL The increased peak rµnoff, due to any change in pervious conditions and increase of impervio,is areas, will be attenuated using peak rate runoff control in accordance with KCSWM , 1990 Edition. Initial calculations indicates there is less than 0.5 cfs increase in peak runoff for the 1 oo year storm. Therefore no detention facility will be required per section 1.2 3a5 Please refer tc attached calculations. CORE REQUIREMENT #4: CONVEYANCE SYSTEM Conveyance system will be minimal for this proposed short plat. Storm runoff from private dr ve and new homes will be directed into storm drain system that exists on Monroe Avenue NF.. CORE REQUIREMENT #5 EROSION/SEDIMENTATION CONTROL PLAN The erosion control plan will be designed using the King County storm manual. Silt fences, and a rock construction entrance will be used to intercept silt laden material resulting from clearing and/or construction of short plat improvements. These facilities will be utilized to minimize any impact to downstream or offsite areas. CORE REQUIREMENT #6-MAINTENANCE AND OPERA1ION NIA CORE REQUIREMENT #7 -FINANCIAL QUANTITIES AND LIABILITY NIA Pg. -4 CORE REQUIREMENT #8 -WATER QUALITY The impervious surfaces subject to vehicular traffic within this proposed short plat is less than 5000 square feet, thus exempted from design and installation of water quality facilities such as bio-filtration, tank or pond or similar facilities. SPECIAL REQUJREMENTS: THOSE APPLICABLE TO PROJECT I. Critical Drainage Area -N/ A 2. Compliance with existing Master Drainage Plan -NI A 3. Conditions Requiring Master Drainage Plan -NI A 4. Adopted Basin or Community Plans -N/ A 5. Special Water Quality Controls -NI A 6. Coalescing Plate Oil/Water Separators-NIA 7. Closed Depressions -NI A 8. Use of Lakes, Wetlands, or Depressions for Detention -NI A 9. Delineation of 100 Year Flood Plain -NIA I 0. Flood Protection for Type I and 2 Streams -NI A 11. Geotechnical Analysis and Report -N/ A 12. Soils Analysis and Report -NI A Pg. -5 OFF-SITE ANALYSIS The field inspection of the site was performed in, June 2007. The proposed project site presently contains one single family house, a garage, shed and landscaped yard. Monroe Ave. NE is developed on the east with 13 feet of paving, with curb rnd gutter. No surface runoff channels or swales enter the site from the east. The drainage basin historically sloped to the southwest. The west side of Monroe Ave NE is developed with curb gutter and sidewalk fronting Renton Vocational College. UPSTREAM The single family residence drains it's backyard to the southwest as sheet flow. This area is grassed and landscaped therefore we will consider this area as insignificant To the east no surface runoff channels or swales were noted to enter this site. DOWNSTREAM The site slopes to the southwest. There was no evidence of any concentrated flows leaving th,· site. The existing right of way abutting to the west is Monroe Ave. NE. About I 00' south of• he southwest corner of the site within the right of way for Monroe Ave NE. is an existing type I catch basin about 3.5 feet deep labeled 13,E6-3 in the Renton records. Catch basin 13E6-3 drains to the south to CB E7-I through about 250' ofpvc pipe. Then the conveyance system flows northwest across the college campus in 12" pipe. Various 12" and I f' pipes continue the downstream flow to the northwest to Kirkland Ave NE. Runoff in Kirklanci Ave NE flows south in the city conveyance system in 18" pipes according to City of Renton records. It did not appear that this downstream conveyance system has been subject to backups or flooding. We do not anticipate detaining for more than the City of Renton requirements Pg. -6 D,F,'..--1 3.[7 II' / 1:ie 1'-.!; !.},[) ;_' u,r .... I I I ' f .; .. ;' ~ITE. I I I I 1-:i r r; .. o 1 I I I it.i r: ;·,.r_<'", ri \1. ,I n.:_r. 1 i \ i, f .!., '~ i!>---'-'6 i ~::o===!:=-=--0= ==='=::l= r, ,. 'I Io I l 1 ~'-.. ; 1 ! : : : j 1 'RT.I'' l P7.' .· ... \' i' " ' I. ' . II ,, I)() IV. FLOW CONTROL AND WATER QUALITY The following calculations conclude that the I 00-year peak flow difference between the pre- developed flow and post-developed flow is less than 0. 5 cfs. In accordance with 1990 King County Surface Water Drainage Manual section 1.2.3-5, Exemptions from .Core Requirement /13, detention is not required. The following calculations include: Basin area analysis breakdown with time of concentrations. Isopulvial graphs for 2, IO and I 00 year storms. Pre-developed and Post-developed hydrograph calculations. WATER QUALITY The new impervious surfaces subject to vehicular traffic according to the Basin Area Analysis sheet is 2840 square feet of joint driveway and 1500 square feet of individual driveway. This will total 4260 square feet, less than the 5000 square foot threshold for the water quality requirement. Pg. -8 BASIN AREA ANALYSIS R/W AREA 1800 PLAT AREA 19886 TOTAL AREA 21686 RTC SHORT PLAT 0.04 - 0.46 ACRES 0.5 ACRES SOIL TYPE Ame EXISTING CONDITIONS IMPERVIOUS Type "C" HOUSE & GARAGE DRIVEWAY CONCRETE 2730 SF PERVIOUS TOTAL GRASS R/WGRASS TOTAL DEVELOPED POST CONDITIONS IMPERVIOUS 1400 SF 165 SF SF 4295 15591 1800 21686 0.10 ACRES CN 0.36 ACRES CN 0.04 ACRES CN 0.40 ACRES CN 0.50 ACRES CHEfK 3-HOU::il:::S & DRWYS D/W 7500 Ar 2000+500 l:::A. 2840 R/W -SIDEWALK 500 10840 0.25 ACRES CN PERVIOUS LANDSCAPING 10846 0.25 ACRES CN 0.50 ACRES CHECK 98 86 86 86 98 86 TIME OF CONCENTRATION -PRE DEVELOPMENT-FOR 2-YEAR, 24-HOUR STORM DESIGN SHEET FLOW -01 MANNING-n OVERLAND-L PRECIPITATION-P SLOPE-$ T1 = 0.15 200 FEET 2 INCH 0.09 FT/FT 11.82 MINUTES TIME OF CONCENTRATION -POST DEVELOPMENT -FOR 2-YEAR, 24~HOUR STORM DESIGiJ SINCE THERE WILL BE A SHORT SHEET FLOW RUNOFF ANTICIPATED THE TIME OF CONCENTRATION USED IS THE MINIMUM OF 6.3 MINUTES • 1 S.C.S. TYPE-lA 2 -7-DAY DESIGN STORM 3 -STORM DATA FILE SPECIFY STORM OPTION: 1 S.C.S. TYPE-lA RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 2,24,2 ******************** S.C.S. TYPE-lA DISTRIBUTION******************** ********* 2-YEAR 24-HOUR STORM **** 2.00" TOTAL PRECIP. ********* ENTER: A(PERV), CN (PERV), A(IMPERV), CN (IMPERV), TC FOR BASIN NO. 1 .4,86, .1,98,11.82 DATA PRINT-OUT: AREA (ACRES) PERVIOUS IMPERVIOUS TC (MINUTES) A CN A CN .5 . 4 86.0 .1 98.0 11. 8 PEAK-Q ( CFS I T-PEAK(HRS) VOL(CU-FT) .12 7.83 1874 ENTER [d:J [path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: 1E2YR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP C ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 2 .25,86,.25,98,6.3 DATA PRINT-OUT: AREA (ACRES) PERVIOUS IMPERVIOUS TC (MINUTES I A CN A CN . 5 .3 86.0 .3 98.0 6.3 PEAK-Q (CFS) T-PEAK(HRS) VOL(CU-FT) .17 7.83 2380 ENTER [d:J [path]filename(.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: 1D2YR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP ~-ID 1 -S.C.S. TYPE-lA 2 -7-DAY DESIGN STORM 3 -STORM DATA FILE SPECIFY STORM OPTION: 1 S.C.S. TYPE-lA RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION(HOUR), PRECIP(INCHES) 10,24,2.9 ******************** S.C.S. TYPE-lA DISTRIBUTION******************** ********* 10-YEAR 24-HOUR STORM **** 2.90" TOTAL PRECIP, ********* ENTER: A( PERV), CN ( PERV), A( IMP ERV), CN ( IMP ERV) , TC FOR BASIN NO. 1 . 4, 86, .1, 98, 11. 82 DATA PRINT-OUT: AREA (ACRES) • 5 PEAK-Q (CFS) .21 PERVIOUS A CN .4 86.0 T-PEAK(HRS) 7.83 IMPERVIOUS A CN .1 98.0 VOL(CU-FT) 3255 TC(MINUTES) 11. 8 ENTER (d:] [path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: lElOYR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP C ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 2 .25,86, .25,98,6.3 DATA PRINT-OUT: AREA (ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN • 5 . 3 86.0 .3 98.0 6.3 PEAK-Q (CFS) T-PEAK(HRS) VOL(CU-FT) .28 7.67 385? ENTER [d:] [path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: lDlOYR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP p~ -11 l -S.C.S. TYPE-lA 2 -7-DAY DESIGN STORM 3 -STORM DATA FILE SPECIFY STORM OPTION: 1 S.C.S. TYPE-lA RAINFALL DISTRIBUTION ENTER: FREQ(YEAR), DURATION{HOUR), PRECIP(INCHES) 100,24,3.9 ******************** S.C.S. TYPE-lA DISTRIBUTION *****************k** ********* 100-YEAR 24-HOUR STORM **** 3.90 11 TOTAL PRECIP. ********* ENTER: A{PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. l .4,86, .1,98,11.82 DATA PRINT-OUT: AREA (ACRES I PERVIOUS IMPERVIOUS TC{MINUTES) A CN A CN . 5 . 4 86.0 . 1 98.0 11. 8 PEAK-Q (CFS) T-PEAK (HRS) VOL{CU-FT) .33 7.83 4891 ENTER [d:] [path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: lElOOYR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP C ENTER: A(PERV), CN(PERV), A(IMPERV), CN(IMPERV), TC FOR BASIN NO. 2 .25,86,. .25,98,6.3 DATA PRINT-OUT: AREA (ACRES) .5 PEAK-Q (CFS) .40 PERVIOUS A CN . 3 86. 0 T-PEAK(HRS) 7.67 IMPERVIOUS A CN . 3 98. 0 VOL(CU-FT) 5554 TC(MINUTES) 6.3 ENTER [d:J [path]filename[.ext] FOR STORAGE OF COMPUTED HYDROGRAPH: 1Dl00YR SPECIFY: C -CONTINUE, N -NEWSTORM, P -PRINT, S -STOP l\?D "~;y,e Pf!A-ll':> ,'10-. ii3 ..-0.D7C.-f#5 L ~<a,..S. TH r::tH 0, 10 CF'S , SECTION 3.2 RUNOFF COMP WESTERN KING COUNTY 2-Year 24-Hour Precipitation in Inches 911/98 TION AND ANALYSIS METIIODS 0 4 Miles i;;;;;;;;,,...,l;;;a~ 2 Z.,D 1 i i INr CDIJNTY t. ~ ...... N 'a, ('\I • Cl) '. I/, ., I / \ I . /:._/"' ---3.5 1998 Surface Water Dr ig, Manual ti' ·v WESTERN KING COUNTY 10-Vear 24-Hour Precipitation in Inches 1998 Surface Water Design Manual • FIGURE 3.2.1.B IO-YEAR 24-HOUR ISO PLUVIALS 0 2 --, ~.... . ....... .. ,\, "~ ........ ,u, .. t.i, , ----. --•-· i I /· , . t/ 4Miles "' i '. ' 3.2.1 RA TJON,' L METHOD . "·c· ""c'-=!'~'!!! l(IN• COU"ITY -4.0 (", ~ t;,,.'i' t I i 9/1/98 . ' 3.2. l RATIONAL METHOD !!:II ==~==~~===F=I=G=U=R=E=3=·=2.=l.=D=l0=0=-Y-E-A=R=24=·H=O=U=R=IS=O=P=L=U=V=IA=L=S=======•~ .,,. . .,.. \ WESTERN KING COUNTY 100-Year 24-Hour Precipitation in Inches 1998 Surface Water Design Manual O 2 4MUes -,=!.=eel ;3.q ,, .:---- .. ",' . ,:} )\ .. \. "·"\. o, ··1 \ 'b1 v. 911/98 . ' V. CONVEYANCE SYSTEM ANALYSIS AND DESIGN The capacity of 12 storm water drain pipe is estimated with a full-flow Manning's equation calculation for a preliminary evaluation. We intend to use smooth wall LCPE pipe, commonly designated as N-12 pipe. The capacity of pipe at I% slope will be 4. 15 cfs as noted on the following calculation. Note that the I 00 yr. peak flow is 0.24 cfs. per the previous hydrograph calculations. Pg. -16 "• '· tmp#l. txt Manning Pipe calculator Given Input Data: shape .......................... . solving for .................... . Diameter ....................... . Depth .......................... . slope ...•....................... Manni ng' s n .................... . computed Results: Flowrate ....................... . Area ........................... . wetted Area .................... . Wetted Perimeter ............... . Perimeter ................•...... velocity ....................... . Hydraulic Radius ............... . Percent Full .................•.. Full flow Flowrate ............. . Full flow velocity ............. . circular Flowrate 12.0000 in 11.2000 in 0. 0100 ft/ft 0.0120 4. 1512 cfs 0.7854 ft2 0.7629 ft2 31. 4313 in 37.6991 in 5. 4413 fps 3.4952 in 93.3333 % 3.8597 cfs 4.9143 fps .... 1---,,. k Page -l 7 • AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 STATE OF WASHINGTON ) ) COUNTY OF KING ) duly sworn on oath, deposes and sa being first 1. On the ol. q 11-) day of \ \ U NE , 1'9o<DD'1 r installed __ public ir;iforrnation sign(s)/\. _ and plastic flyer box on . the . property located at LQ50 t:\IANi;'..wJ"\\J£ NB forthefollowmgproiect: \ ' ,gr 'PLAT OwnerN 2. I have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in locations in conformance with the requirements of Chapter 7 Tit 4 of Renton Municipal Code. .,f; the State of at My commission expires on 1 · I Ci · 0 \ ~------ Q:\WEB\PW\DEVSERV\Forms\Planning\pubsign.doc08/27/0J Printed: 08-13-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07 -088 DEVELOPMENT PLANNING CITY OF RENTON Receipt Number: AUG 1 ; 2007 RECEIVED R0704206 Total Payment: 08/13/2007 12:23 PM 1,000.00 Payee: VISA Current Payment Made to the Following Items: Trans Account Code Description Amount 5008 000.345.81.00.0004 Binding Site/Short Plat 1,000.00 Payments made for this receipt Trans Method Description Amount Payment Credit C VISA Visa Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 1,000.00 Balance Due .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00