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LUA-07-023_Report 1
Rentonnet City Clerk Card File Page 1 of 1 New Search Results list Record 1 of 1 Title: SA, CHELSEA CONDOMINIUMSIS 2ND ST 2007 Effective Date: Feb 27, 2007 Date Entered: Sep 13, 2007 by User: CMoya by User: cmoya Destroyed Date: Last Modified: May 19, 2008 Scheduled Destruction Date: Narrative: Keywords: Location: • 2127/2007 -Application for Administrative Site Plan approval and Environmental (SEPA) review by Murray Kahn (Contact: Kent Smutny, TSA Architects) for a proposal to develop a 7,920 sq ft vacant lot into 24 apartment-style residential units with 24,296 sf of parking (4 - 5 story building) with ground floor commercial/retail on site, located at the 500 block of S 2nd St, known as The Chelsea. • PID -7841800005 • 419/2007 -ERC Review -Determination of Non-Significance -Mitigated • 7/24/2007 -Administrative approval V. LUA-07-023 (SEE SA) • SA-07-023 • CU-07-023 (SEE SA) • ECF-07-023 (SEE SA) • THE CHELSEA CONDOMINIUMS 2007 • KAHN MURRAY 2007 • SMUTNY KENT 2007 • TSA ARCHITECTS 2007 • S 2ND ST 2007 BANK 4 Category: http://rentonnet. org/intranetiCityClerkDeptlCardF i le/index.cfm ?fuseaction=showdetail&R... 7/29/2013 r r L L I~ ~ W _W-::-. -* ~COND PLANTING PLAN .} ,--~~"'1oU.QI --- ~1t. (1) !!..,UB/GROUNI)C(MR PlANT1NG QUAIL ttl'S'rt 10" til ~~ SCALE 1· -10' ~ NORTH 2-STORY WOOD BUILDING ~iMlfl ~oa(-)(~ ... _ 01' I"L.Nn' "',G.M I¥r4JI:.I"DtZ CIIl """"'" ® GROUNDCO\IER PlANT SPACING -- PLANT SCHEDULE --CD ---1-.... . ... - - o ____ 1___ 1_ o ~ ____ I ____ I_ e ----1-_ ,GIll. o ------'----1-III --'--,----------.. 'M - -.. ,,~Itt .• .. " .. .. .. k§I __ 1__ .... 'I"IKI ~. .. -= ~ ~ 1""roe •• ~-I..,----~-I-~---=---="'''--:.~= ...... _1___ ,. LANOSCAP_E NOTES I.IIJ,. __ _ iL~_""._"'. __ _ ;,. ___ -.:1' ___ ,, __ _ ~ _ _.lICfMDlfW.1.. __ IN_. o EVERGREEN lREE DETAIL -- ,.,. ........... 11 .......... 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Allied Land Surveying 18121 M'alaPlMefI'C (P)4~1~~~U September 24, 2007 Community Services: City Hall Lease (5th Floor), Conununities in Schools of Renton Development Services: Fees Waiver, The Chelsea & Blakey Townhomes SA -07 -02" 3 RESOLUTIONS AND ORDINANCES Resolution #3905 Finance: Temporary Interfund Loan to S Lake Washington Infrastructure Project Fund 318 CAG: 06-130, Airport Maintenance Dredging & Shoreline Mitigation, Parametrix, Budget Amend Ordinance #5307 CAG: 06-130, Airport Maintenance Dredging & Shoreline Mitigation, Parametrix, Budget Amend Ordinance #5308 Development Services: Private Stormwater Utilities in Geologically Hazardous Areas NEW BUSINESS Annexation: Benson Hill Communities, S 200th St & I 28th Ave SE Renton City Council Minutes Page 329 Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve a five-year lease with Communities in Schools of Renton for space on the fifth floor of City Hall. The Committee fUl1her recommended that the Mayor and City Clerk be authorized to sign the lease. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Chair Persson presented a report recommending concurrence in the staff recommendation to approve the waiver of building, development, and impact fees as provided by City Code 4-1-2IOB, Owner- Occupied Housing Incentive, at the request of proponents of The Chelsea (condominiums) and the Blakey Townhomes projects. MOVED BY PERSSON, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. The following resolution was presented for reading and adoption: A resolution was read granting authority for an interfund loan to Fund 318, South Lake Washington Infrastructure Project. MOVED BY LAW, SECONDED BY PERSSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. The following ordinance was presented for first reading and advanced for second and tinal reading: An ordinance was read amending the 2007 Budget by transferring $75,000 from the Airport Office Rehabilitation Project and $25,000 from the 2007 Precision Approach Project to the Maintenance Dredging and Shoreline Mitigation Project to pay for the change of scope in the contract with Parametrix, Inc. MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADVANCE THE ORDINANCE FOR SECOND AND FINAL READING. CARRIED. Following second and final reading of the above-referenced ordinance, it was MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. The following ordinance was presented for second and final reading and adoption: An ordinance was read adding a Subsection 4-3-050C5D.iv to the table entitled "Exempt Activities Permitted within Critical Areas and Associated Buffers" to Chapter 3, Environmental Regulations and Overlay Districts, of Title IV (Development Regulations) of City Code to add an exception for stormwater piping in a geologic hazard area. MOVED BY CLAWSON, SECONDED BY NELSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL A YES. CARRIED. Councilman Clawson reported that Council held a workshop last Friday regarding the Benson Hill Communities Annexation transition plan. He stated that the Fire Chief presented his plan that entails moving around and redeploying fire trucks and aid cars, which may be accomplished without increasing the budget. Mr. Clawson further stated that the response times will be even better. FINANCE COMMITTEE COMMITTEE REPORT September 24,2007 APPROVED BY crrV' COUNCIL Date 9-;t/-~0tJ7; Owner-Occupied Housing Incentive Fee Waiver (Referred September 17, 2007) . The Finance Committee recommends concurrence in the staff recommendation to approve the waiver of Building, development, and impact fees as provided by RMC 4-1-21OB, "Owner-· Occupied Housing Incentive", at the request of proponenets of The Chelsea [condominiums] and the Blakey Townhomes projects. 4£ Don Persson, Chair Denis W. Law, Vice-Chair Dan Clawson, Member cc: Michael Bailey Alex Pietsch Neil Watts Mark Santos-Johnson September 17, 2007 ADMINISTRATIVE REPORT AUDIENCE COMMENT Citizen Comment: Osborne - Off-Leash Dog Park CONSENT AGENDA Council Meeting Minutes of 9/10/2007 Appeal: Grant Ave Townhomes Site Plan, Jones & Kovach Architects, SA-07-018 Community Services: City Hall Lease (5th Floor), Communities in Schools of Renton Development Services: Fees Waiver, The Chelsea & Blakey Townhomes I . -')" ::z. vUtj -0 1-0 t-J Appeal: Vineyards Construction Latecomer Agreement, Green, LA-06-002 Renton City Council Minutes Page 314 Chief Administrative Officer Covington reviewed a written administrative report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2007 and beyond. Items noted included: .. Renton residents are invited to a community meeting and presentation on September 26 to learn about airport noise effects and to provide input for the airport noise study which is jointly funded by the cities of Renton and Mercer Island. • Kids ages four to twelve are invited to compete in the annual Soccer Challenge on October 4 at Ron Regis Park. Pre-registration is required. • Beginning this week, Washington State Department of Transportation crews will be po ving and preparing the shoulders for future widening on southbound SR-167 in Renton. The 1-405 Widening Project is the first stage of improvements on 1-405 between 1-5 and SR-167. Ross Osborne (King County) spoke about the feasibility of an off-leash dog park in Renton, questioning whether the Narco site (1500 Houser Way S.) is a possible location for this type of park. Community Services Administrator Higashiyama noted the possibility of using the site as a temporary off-leash dog park, and stated that she will be happy to discuss the topic of a dog park with Mr. Osborne. Items on the consent agenda are adopted by one motion which follows the listing. Approval of Council meeting minutes of 911 012007. Council concur. City Clerk reported two appeals of Hearing Examiner's decisions regarding Grant Ave. Townhomes site plan application; appeals filed on 8/2312007 by Robin Jones and by Kovach Architects, each accompanied by required fee. Refer to Planning and Development Committee. * Community Services Department requested approval of a lease with Communities in Schools of Renton for space on the fifth floor of City Hall; revenue generated over five-year term is $30,139.92. Refer to Finance Committee. Development Services Division recommended approval to waive the development. building, and impact fees per City Code owner-occupied housing incentive for The Chelsea condominium project, 513 S. 2nd St., and Blakey Townhomes, 604 Morris Ave. S. Estimated total fees for The Chelsea are $55,852.85 and $56,404.55 for Blakey Townhomes. Refer to Finance Committee. Hearing Examiner submitted recommendation regarding appeal filed on behalf of Norma 1. Randall concerning the Vineyards Construction, LLC latecomer agreement for sewer main extension along NE 7th PI. Hearing Examiner recommended including the appellant's property in the latecomer agreement. Council concur. *Mayor Keolker reported receipt of an added item of correspondence related to the appeal of the Grant Ave. Townhomes site plan (item 7.b.) from Sally Brick, Kirkpatrick & Lockhart Preston Gates Ellis LLP, who represents the applicant Tridor, Inc. She noted that the correspondence also needs to be referred to the Planning and Development Committee. C OF RENTON COUNCIL AGENDA ~L 'I A7":[7#:---7 ,d ' Submitting Data: For Agenda of: Dept/Div/Board .. PBPW /Development September 17, 2007 Services/Current Planning Staff Contact... ... Jennifer Henning, x7286 Agenda Status Elizabeth Higgins, x7382 Consent.. ............ X Subject: Public Hearing .. Waiver of fees as per RMC 4-1-210B, "Owner-Correspondence .. Occupied Housing Incentive" Ordinance ............. Resolution ............ Old Business ........ Exhibits: New Business ....... Issue Paper (including request letters, site maps, press Study Sessions ...... release, and fee estimates) Information ......... Recommended Action: Approvals: Refer to Finance Committee Legal Dept... ..... . Finance Dept... .. . Other .............. . Fiscal Impact: N/ A Expenditure Required .. . Transfer! Amendment. ..... . Amount Budgeted ...... . Revenue Generated ........ . Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Project proponents of The Chelsea [condominiums 1 and the Blakey Townhomes are entitled to waiver of development, building, and impact fees for projects under RCM 4-1-21OB, "Owner-Occupied Housing Incentive," with Council approval. STAFF RECOMMENDATION: Approve waiver of development, building, and impact fees for The Chelsea and Blakey Townhomes projects. C:\DOCUME -!\BWalton\LOCALS -l\Temp\Pee Waiver Agenda Bill (rev Ol).doc\STLtp DATE: TO: PLANNING/BUILDING/ PUBLIC WORKS DEPARTMENT ISSUE PAPER September 7, 2007 Toni Nelson, Council President Members of the Renton City Council t~athY Keolker, Mayor Gregg Zimmerma~ ~ministrator VIA: FROM: STAFF CONTACT: SUBJECT: ISSUE: Jennifer Henning, Current Planning Manager (7286) Request for Fee Waiver -The Chelsea [Condominiums] and Blakey Townhomes In an August 16,2007 letter to the City, Mr. Murray Kahn of Gordian Development requested waiver of fees for a 24-unit condominium development proposed for downtown Renton. (Exhibit 1) This proj ect, 'The Chelsea," has received site plan approval and a conditional use permit for construction at the southeast comer of South Second Street and Morris Avenue South. The project meets the parameters of Renton Municipal Code 4-1-210, "Waived Fees," in that it is more than four units, it will consist of "for sale" units, and is within the Center Downtown zone. (Exhibit 2) On August 29, 2007, a similar letter was received from Ms. Emily Buchwalter of Medici Architects, AlA, designer and developer orthe Blakey Townhomes. (Exhibit 3) Ms. Buchwalter has also requested waiver of fees. The Blakey project, located at 604 Morris Ave S in South Renton, is a five unit attached townhouse project on five individual lots. (Exhibit 4)The project has received site plan and short plat approval. The Blakey also meets the requirements ofRMC 4-1-210, "Waived Fees," because it consists of more than four units, which will be for sale, and it is zoned Residential Multi-family- Traditional. RECOMMENDA nON: Approve the applicants' request to waive fees, including building permit fees, utility system development charges, public works plan review and inspection fees, and impact mitigation fees, subject to the review and approval of land use, environmental, building, and construction permits in compliance with applicable codes and laws. Authorize reimbursement of any fees applicable for waiver that have been paid prior to approval of waiver. CounciV September 7, 2007 Page 2 of2 BACKGROUND SUMMARY: Renton Municipal Code 4-1-210, "Waived Fees," allows the City Council to waive any and all fees. Specifically, RMC 4-1-210.B, "Owner-Occupied Housing Incentive," was adopted in 2001 (amended in 2004 to extend the program), to encourage owner-occupied housing in the Center Downtown (CD), Residential Multi-family, Urban (RM-U), and Residential Multi-family, Traditional (RM-T) zones (Exhibit E). This effort to increase homeownership in these zones was initiated following the construction of several apartment-type housing developments in or near downtown. The fee-waiver was adopted as an incentive to increase homeownership. The incentive of waived fees of several thousand dollars per unit are intended to positively impact development decisions being made in Renton. As Mr. Kahn points out in his letter, the financial feasibility of The Chelsea is based on, and somewhat dependent upon, the fee waivers. Waiver of fees has also been a consideration of Ms. Buchwalter in planning the Blakey project. The estimated total fees for The Chelsea are $53,512.97. If waived, these fees would represent a savings of$2,229.71 per unit for the developer (Exhibit F). The fee estimate for the Chelsea is somewhat lower than other projects because The Chelsea is being assessed as a "mixed-use" development, and therefore already receives some fee advantages. The projected total fees for the Blakey Townhomes are $56,404.55. If waived, these fees would represent a savings of$II,280.91 per unit for the developer (Exhibit G). The fees for the Blakey project are higher than commercial or multi-family projects because as townhouses the fees are calculated as "attached single family" units. The current expiration date of the fee waiver is October 1,2007, unless renewed by the City Council. A City Council approval must be granted prior to the date of expiration or modification in order for the requested waiver to be effective. CONCLUSION: The proposed mixed-use development, The Chelsea, with 24-units of condominium housing and 1,102 sfofretail space and the Blakey, with 5 townhouses, meet the criteria for waiver of building permit fees, utility system development charges, public works plan review and inspection fees, and impact mitigation fees. The projects would provide additional new homeownership opportunities in the Urban Center to support the City's ongoing downtown redevelopment efforts and the 2008-2012 Business Plan Goals. Exhibit cc: Lys Hornsby, Utility Systems Director Jim Seitz. Transportation Planning Supervisor H:\Division,s\Develop,ser\Dev&plan.ing\ERH\Fees\Fee Waiver Issue Paper,doc\SLtp ••• G dO ••• or Ian ••• Development August 16, 2007 Elizabeth Higgins Senior Planner City of Renton 1055 South Grady Way, 6th Floor Renton, WA 98057 Re: Grandfather of Waived Fees Under RMC 4-1-210, Waived Fees The Chelsea LUA07-023 Elizabeth, DEVELOPMENT PLANNING CITY OF RENTON AUG 202007 RECEIVED Pursuant to our conversation last week as well as my various conversations with Mark Santos- Johnson, I would like to formally request that The Chelsea be "grandfathered" to receive the benefits of waived mitigation fees pursuant to RMC 4-1-210, Waived Fees. As we have discussed, we purchased this site in the City of Renton and evaluated its financial feasibility based on the applicable regulations and code that has been in place since our original application was submitted: ° On February 23, 2007, our completed project application for the Chelsea was submitted to the city. • On April 12, 2007 we received our Determination of Non-Significance-Mitigated, which was not appealed. • On July 24th, we received our Site Plan Approval and its appeal period also expired without appeal. • Our completed Building Permit Package is imminently scheduled for submittal on Monday, August 20, 2007. My understanding is that the City Council is poised on September 6 th, to increase the minimum number of units that a project must have in order to qualify for the current waived fee incentive. If the City Council's Planning and Development Committee approves the proposed increase from four to thirty units, our project will no longer qualify for the waived mitigation fees, as is now the case. Please initiate an agenda bill to request council's action to grandfather our project. Thank you very much for your support and direction regarding this matter. Sincerely, t\ fI -~- Murray Kahn Manager: Gordian Development LLC & South 2nd Street LLC Cc: City of Renton: Jennifer Henning, Planning Manager, Mark Santos-Johnson, Senior EconomiC, Development Specialist,· r-~-----' Cc: Kent Smutny, TSA Architects Cc: John Sugden, First Pacific Marketing 2291 NE 60th Street Seattle, Washington 9811 5 Murray A. Kahn murray@gordiandevelopment.com Phone: 206·227·4352 Fax: 206·67&-0016 EXHIBIT 1 www.gordiandevelopment.com ..... __ .. JoI.-F CAl ciA C --;i E3 . 7 T23N RSE E In. IMCP) Airport Way CDCP) 01TE- CAi G3 . 19 T23N RSE E 112 ~ ZONING o :, 'nCllNlCAL 1BIlV1C18 - - - -....... "'17 """'" o - R-io S CD .0) . 'l"'" ....... . .. ~ iJ··· CD 1-CDiw .....-C---~-- :J . .... eD· ..---, a.i :' -, ::;.... --.--.-~ -, .... CD(P --::: ~--.~ o aoo f00 1:4800 18 T23N R5E EXHIBIT 2 Medici Architects Architecture, Programming, Accessible Design & Interior Design August 29,2007 City of Renton Elizabeth Higgins Senior Plarmer Development Services Division 1055 South Grady Way Renton, Washinton 98055 Re: Blakey Townhomes Dear Ms. Higgins, DEVaOPMENT PLANNING CITY OF RENTON AUG 3 0 2007 rlECEIVED After having our conversation yesterday, I would like to formally request that the Blakey Townhomes be "grandfathered" to receive the benefits of waived mitigation fees pursuant to RMC 4-1-210, Waived Fees. To date we have paid building permit fees of $4,455.05 and utilities permit fees of $565.00. My understanding is that we are entitled to have these fees reimbursed. On June 18, 2007 we received the letter from you stating that the appeal period had ended for the Hearing Examiner's Blakey Townhomes Short Plat approval. No appeals were filed. On August 16, 2007 we received the final permit approval on the Civil drawings. My understanding is that the City Council is poised on September 6th to increase the minimum number of units that a project must have in order to qualify for the current waived fee incentive. If the City Council's Plarming and Development Committee approves the proposed increase from four to thirty units, our project will no longer qualify for the waived mitigation fees, as is now the case. Please initiate an agenda bill to request council's action to grandfather our project. Thank you very much for your support and direction regarding this matter. s~ ~'--____ Emily Buchwalter Medici Architects, AlA 2233 102" Place S.E. Bellevue W A 98004 Tel: (425)453-9298 Facsimile: (425)452-8448 I EXHIBIT 3 CA IMCP) Airport Way C A CA , • ",. ::::J~4W.~~ ~• ICA'j'!!SI .• S'Tobini stl . CDCP) S 2nd St. i S 3r~ sf: ~ ZONING o = nc)JNICAL naVICIS o :00 too '_0 18 T23N RSE EXHIBIT 4 southcountyjournal.com - R " 'on lures homeowners downtown -Cit~· aives mitigation, p.. Page 1 of 2 Pack rTV Local news SCJonline southcountyjournal.com , " -u.s. Census ,I~fQx:niation Renton lures homeowners downtown -City waives mitigation, permit fees for developers 2001-08-14 by Wendy Giroux Journal Reporter RENTON --City officials want more homeowners living in the downtown area, in condominiums and townhouses. To that end, the City Council voted last night to waive mitigation fees and building pemlit fees on multi-family, owner-occupied housing in the downtown area for three years. "I think this is really going to satisfy a lot of people who live in town who always ask, why is it all apartments?" said Councilwoman Toni Nelson at last night's finance committee meeting. Encouraging new, higher-density housing is key to the city's plan for revitalizing the dm ..... ntown, said Sue Carlson, administrator of economic development, neighborhoods and strategic planning. The city will earn back the tees it waived through property tax, Real Estate Excise Tax and construction sales tax revenues within about two years, Carlson estimated. "Because this is a for-sale product, we'll have a higher return on that type of tax. This will create some incentive for developers," she said. The waived fees would take some of the risk out of building condos and townhouses, which may be slower to sell because the market for such housing hasn't yet been established. The proposed "incentive district" would have defined boundaries, last about three years and be reviewed each year by the counciL Several developers, including Ccntex Homes, have approached the city about building row houses, townhouses and condos downtown. Centex has two parcels under option but has not closed the sale on either property. A company official told the city that while they believe condos in downtown Renton will sell, there's no available sales data to show it would be a good investment, Carlson said. http://southcountyjournaLcomlsitedistory/html/62991 _ ,,_ NUS. C!JI~' 'It ~ f,I<;' ~,~,-Ol·,!" EXHIBIT 5 8/1412001 southcountYJoumaJ.com -Kenton '·'fes homeowners aowntown -Uty walVpo mmgauon, p .. t'age L-or L- South County Journal An estimate on one of the possible developments shows that about $98,570 in fees would be waived on a 37-unit project, but that the city would receive about $110,340 in tax revenue for a net revenue of about $11,770. The average price of the units being considered is about $270,000, and a marketing analysis showed a typical buyer would likely have a higher-than-average income and either be single or a couple with no children. "We do want to establish a market for people living in the downtown as opposed to renting," Carlson said. Developers like Dally Homes have built or been issued permits to build 457 new rental apartment units since 1997. Another of the city council's goals is to maintain an even balance of rented homes and owner-occupied homes city-wide. Wendy Giroux covers Renton. She can be reached at wendy .giroux@southcountyjouroa\.com or 253-872-6683. 600 South Washington. Kent WA 98032 Hours: Monday-Friday 8:00am 10 5:00pm Phone: 253-872-6600 Fax: 253-854-1006 All materials Copyright © 2001 Horvitz Newspapers, Inc. Any questions? See our contact page. http://southcountyjoumal.comlsitedlstorylhtmll62991 8/14/2001 Estimated Waived Fees for The Chelsea, LUA07-023 513 South Second St 24 condominium units (fees calculated as a mixed-use/multi-family development) FEE COST Fire Mitigation $9,312.00 Transportation Mitigation 10,650.00 Parks Mitigation 8,508.24 Impact Fees $28,470.24 .~~- Water System Development $2,162.16 Wastewater System Dev. $1,124.64 Surface Water Fee $1,983.26 System Development $5,270.00 Public Works Plan Review $2,340,00 Building Plan Review 7,789.21 Plan Reyiew $10,129.21 Construction Permit unknown at this time Building Permit $11,983.40 Partial Permit Snbtotal* $11,983.40 ,--.~-.----~--- Total $55,852.85 Total estimated fees per unit requested to be waived = $2,327.20 EXHIBIT 6 Estimated Fees for Blakey Townhomes, LUA07-028 604 and 604-112 Morris Ave S 5 condominium units (fees assessed for "single family attached" units) FEE COST Fire Mitigation $2,440.00 Transportation Mitigation $1,479.75 Parks Mitigation $1,772.55 Impact Fees $5,692.30 Water System Development $7,824.00 Wastewater System Dev. $4,068.00 Surface Water Fee $3,036.00 System Development $14,928.00 Public Works Plan Review $565.00 Building Plan Review 4,455.05 Plan Review $5,020.05 Construction Permit $16,343.00 Building Permit 14,421.20 Permits $30,764.20 Total $56,404.55 Total estimated fees per unit requested to be waived = $11,280.91 EXHIBIT 7 CITY OF RENTON PLANNING / BUILDING / PUBLIC WORKS MEMORANDUM Date: August 17, 2007 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office Project Name: The Chelsea [Condominiums] LUA (file) Number: LUA-07-023, SA-A, CU-A, ECF Cross-References: AKA's: Project Manager: Elizabeth Higgins Acceptance Date: March 12, 2007 Applicant: Murray A. Kahn· South 2nd Street, LLC Owner: Murray A. Kahn· South 2nd Street, LLC Contact: Kent Smutny, TSA Architects PID Number: 7841800005 ERC Approval Date: April 9, 2007 ERC Appeal Date: April 30, 2007 . Administrative Approval: July 24, 2007 Appeal Period Ends: August 7, 2007 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density Is proposed at 133 units per net acre which requires an administrative conditional use permit. Several parking code modifications are proposed and a right-of-way use permit has been submitted to allow bay Windows to encroach Into public right of way. An environmental review, site plan review (administrative), conditional use Dermit review (administrative)' and Darkinq modifications will be reaulred. location: 500 Block of S 2nd Street Comments: Kent Smutny TSA Architects PARTIES OF RECORD CHELSEA CONDOMINIUMS LUA07-023, SA-A, CU-A, ECF, PRK MD, ROW USE 10800 NE 8th Street ste: #300 Bellevue, WA 98005 Murray A. Kahn, Manager South 2nd Street, LLC 2291 NE 60th Street Seattle, WA 98115 Hadi Fakharzadeh PO Box 78404 Seattle, WA 98178 tel: (206) 849-3252 (party of record) tel: (425) 401-6828 (contact) Ole Willey 835 S 143rd Place Burien, WA 98168 (party of record) Updated: 03/27/07 tel: (206) 227-4352 (owner / applicant) (Page 1 of 1) August 17, 2007 Kent Smutny TSA Architects 1 0800NE 8th Street #300 Bellevue, W A 98005 SUBJECT: Chelsea Condominiums LUA07-023, SA-A, CU-A, ECF Dear Mr. Sniutny: CIT~F RENTON Pianning/Building/Public Works Department Gregg Zimmerman P .E., Administrator This letter is to inform you that the appeal period has ended for the Administrative Site Plan approval and Conditional Use Permit approval. No appeals were filed. This decision is final and application for the appropriately required permits may proceed . . The conditions of approval listed in the City of Renton Report and Decision dated July 24,2007 must be adhered to during construction and prior to final inspection. If you have any questions regarding the report and decision issued for this site. plan and conditional use permit, please call me at (425) 430-7382. Sincerely, /3f;Z;J.;-dt-J~ Elizabeth Higgins, AICP Senior Planner ce: Murray A: Kahn -South 2"" Street, LLC I Owner Hadi Fakharzadeh, Oley Willey / Parties of Record -----~-10~5-5-S!>-u-th-G-r-ady-W,-a-y---R-en-to-n-,-W-as-h-in'-gto-n-.-9-80-5-7---"-'-~-·'·'~ 'AHEAD OF 'THE CUl\V-E "* This paper contains 50% recycled '~terial: -;0% post cons,umer . . REPORT & DECISION DATE: Project Name: Applicant/Contact: Owner: File Number: Project Manager: Project Summary: Project Location: Exist. Bldg. Area: City of Renton Department of Planning / Building / Public Works SITE PLAN REVIEW July 24, 2007 The Chelsea [Condominiums] Kent Smutny; TSA Architects; 10800 NE 8th St #300; Bellevue WA 98005 South 2 nd Street, LLC; Murray Kahn, Manager; 2291 NE 60th St; Seattle WA98115 LUA-07-023, SA-A, ECF Elizabeth Higgins, Senior Planner The proponent of the project, The Chelsea, is requesting Administrative Site Plan Review and a Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton. The proposed project would result in 24 condominium residential units on three floors. The ground floor would share commercial/retail space with structured parking and a second parking level would be below ground. The four-story building would have a mansard roof with a turret at one corner. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density (132 dwelling units per acre) than would otherwise be allowed in the zone. The applicant has requested approval of a fee waiver for certain fees, based on dedication of the project for owner-occupied housing in Downtown Renton. Southeast corner of S 2 nd Street and Morris Avenue S Vacant Proposed Building Area: 23,496 sf(residential) 1,102 sf {commercial) Total 24,598 sf Site Area: 7,920 sf (0.18 acre) Project Location Map Admil1 Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS, Administra ,ite Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JUL Y 24, 2007 Page 2 of21 Exhibits Exhibit 1: Yellow file containing: application, proof of posting and publication, environmental review and other documentation pertinent to this request. Exhibit 2: Neighborhood Detail Map (no date) Exhibit 3: Aerial Photograph, Current Conditions (date unknown) Exhibit 4: Zoning Map (dated 02/28/07) Exhibit 5: Site Plan (no date) Exhibit 6: Exterior Elevations, (revised) Exhibit 7: Plans, Residential Level 3 and Rooftop Terrace (revised) Exhibit 8: Plans, Basement Level and Commercial Level (revised) Exhibit 9: Landscape Plan (revised) Exhibit 10: Downtown Core Area Map Exhibit 11: Materials (revised) II PART ONE: PROJECT DESCRIPTION/BACKGROUND The property proposed for development into The Chelsea [Condominiums] is located in Downtown Renton, across from the Ikea Performing Arts Center at Renton High School (Exhibit 2). The 7,920 sf (0.18 A) lot, on the south side of S. 2nd Street at the corner of Morris Avenue S, is currently vacant (Exhibit 3). The property has a Comprehensive Plan land use designation as Urban Center -Downtown, which is implemented by Center Downtown zoning (Exhibit 4). Property abutting to the east has single-family houses, regarded by the tax assessor as of negligible value. The site abuts a half-block, east-west alley on its south side (Exhibit 5). A 4-story apartment building with underground parking is abutting the south edge of the alley. These apartments may currently be in the process of conversion to condominium units. The project consists of 1,102 sf of ground floor commercial space with 24 residential units on three upper levels (Exhibit 6). Open space for residents would be available at a rooftop terrace (Exhibit 7). Parking would be on 2 levels, on the ground floor and on one floor below ground. All parking would be accessed from the alley (Exhibit 8).The required number of spaces would be 25, but 31 spaces are proposed. The 6 additional spaces have been approved by means of a parking modification. The project would have a residential density of 132 dwelling units per acre (du/a), which is above the density allowed by the development standards of the zone. The Center Downtown Zone (CD) has a maximum density, for lots of less than 1 acre in size, of 100 du/a. Density in the CD, can be increased up to 150 du/a by means of an Administrative Conditional Use Permit. The Conditional Use Permit application is part of this Site Plan Review analysis (RMC 4-9-040M, "Conditional Use Permit to be Combined with Site Plan Review". Landscaping has been proposed along Morris Avenue S (Exhibit 9). The project is eligible for a waiver of fees that may be granted by the City Council for downtown owner- occupied housing. II PART TWO: ENVIRONMENTAL REVIEW Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21 C, 1971 as amended), on April 9, 2007, the Environmental Review Committee issued a Determination of Non-Significance -Mitigated (DNS-M) for the ATS Automation Addition project. The DNS-M included 6 mitigation measures. A 14-day appeal period commenced on April 16, 2007, and will end on April 30, 2007. As of the date of this report, no appeals of the threshold determination were filed. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administra ;ile Plan Review Staff Report LUA-07-023, SA-A, ECF Page 3 of 21 Based on an analysis of probable impacts from the proposal, the Environmental Review Committee issued the following mitigation measures with the Determination of Non-Significance -Mitigated: 1. The applicant shall be required to comply with the recommendations included in the geotechnical report, "Report of Geotechnical Investigations, Proposed Apartment Buildings, Renton Washington," dated June 9, 2005, was prepared by Soil & Environmental Engineers, Inc. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. 3. Should evidence of a historic site be found during site development, work shall be stopped and the applicant required to submit an archaeological resource survey of the site. This survey shall conform to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist. Work shall recommence when approval is received from the Office of Archaeology and Historic Preservation. 4. A Transportation Mitigation Fee shall be assessed at the rate of $75 per trip for 142 new average peak hour trips, estimated to be $10,650.00, and shall be paid prior to obtaining building permits. 5. The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi- family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees, estimated to be $9,885.08 shall be assessed prior to obtaining building permits. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $354.51 per new multi-family unit prior to obtaining building permits. Staff recommends, as a condition of Site Plan Approval, that the applicant comply with the Environmental Review Committee Mitigation Measures 1 through 3. Conditions 4 through 6 may be waived by pending City Council action, subject to RMC 4-1-210. II PART THREE: ADMINISTRATIVE LAND USE ACTION· REPORT & DECISION A. Type of Land Use Action x Site Plan Review Shoreline Substantial Development Permit Conditional Use Binding Site Plan Special Permit for Grade & Fill Administrative Code Determination B. Staff Review Comments Representatives from various City departments have reviewed the application materials to identify and address site plan issues regarding the proposed development. All of 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 Decision at the end of the report. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBlPW Department THE CHELSEA {CONDOMINIUMS] Administra Site Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JUL Y 24, 2007 Page 4 of 21 C. Consistency with Site Plan Approval Criteria In reviewing the proposal with respect to the criteria set forth in Section 4-9-200, "Site Development Plan Review," the following issues have been identified by City of Renton staff having review authority: 1. Conformance with the Comprehensive Plan, its elements and policies The Comprehensive Plan Land Use Map designation for the site is Urban Center -Downtown (UC-D). The following Comprehensive Plan purpose statement. objectives, and policies are applicable to the proposal: URBAN CENTER DOWNTOWN LAND USE DESIGNATION Purpose Statement: The Urban Center -Downtown (UC-D) is expected to redevelop as a destination shopping area providing neighborhood, citywide, and sub-regional services and mixed-use residential development. UC-D residential development is expected to support urban scale multi-family projects at high densities, consistent with Urban Center policies. Projects in the UC-D are expected to incorporate mixed-uses including retail, office, residential, and service uses that support transit and further the synergism of public and private sector activities. In the surrounding neighborhoods, infill urban scale townhouse and multi-family residential developments are anticipated. Site planning and infrastructure will promote a pedestrian scale environment and amenities. Objective LU-OO: Create a balance of land uses that contribute to the revitalization of downtown Renton and, with the designated Urban Center -North, fulfill the requirements of an Urban Center as defined by Countywide Planning Policies. Policy LU-217. Development and redevelopment of Urban Center -Downtown should strive for urban density and intensity of uses. The proposed project would be developed at a density of 130 dwelling units per net acre, which is a highly dense urban residential situation. Policy LU-218. Ground floor uses with street frontage along Wells Avenue South between Houser Way and South 2nd Street and along South 3rd Street between Main Avenue South and Burnett Avenue South should be limited to businesses which primarily cater to walk-in customer traffic (i.e. retail goods and services) in order to generate and maintain continuous pedestrian activity in these areas. Walk-in customer oriented businesses should also be encouraged to locate along street frontages in the remainder of the downtown core. The pedestrian-oriented, retail use is planned for the comer of Morris and S 2,"d Street within the Downtown Core (Exhibit 10). Policy LU-219. Projects in the Urban Center -Downtown should achieve an urban density and intensity of development that is greater than typical suburban neighborhoods. Characteristics of urban intensity include no or little setbacks, taller structures, mixed-uses, structured parking, urban plazas and amenities within buildings. The proposed project would have most of these characteristics, with the exception of "urban plaza," which would not be possible due to the minimal setbacks. Admin Site Plan Review Chelsea 07-023.doc City of Renton P/B/PW Department THE CHELSEA [CONDOMINIUMS] Administra .ite Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JUL Y 24, 2007 Page Sot 21 Policy LU-221. Development should not exceed mid-rise heights (maximum10 stories) within the Urban Center -Downtown. The proposed project would not exceed this mid-rise height limit. Objective LU-QQ: Encourage additional residential development in the Urban Center- Downtown supporting the Countywide Planning Policies definition of Urban Center. Policy LU-224. Maximize the use of existing urban services and civic amenities and revitalize the City's downtown by promoting medium to high-density residential development in the downtown area. Allowed densities should conform to the criteria for Urban Centers in the countywide policies. The proposed project would further this policy. Policy LU-22S. Mixed-use development where residential and commercial uses are allowed in the same building or on the same site should be encouraged in the urban Center -Downtown. Incentives should be developed to encourage future development or redevelopment projects that incorporate residential uses. The applicant has requested the waiver of fees, which is an incentive currently available to encourage owner-occupied (condominium) housing in Downtown Renton. Policy LU-226. Net residential development densities in the Urban Center -Downtown designation should achieve a range of 14-100 dwelling units per acre and vary by zoning district. The proposed project would achieve a higher denSity, if the conditional use permit is approved. Policy LU-227. Density bonuses up to 150 dulac may be granted within deSignated areas for provision of, or contribution to, a public amenity (e.g. passive recreation, public art) or provision of additional structured public parking. The project would have a density of 130 dwelling units per acre. Policy LU-22S. Condominium development and high-density owner-occupied townhouse development is encouraged in the Urban Center -Downtown. The proposed project would be a condominium development providing owner-occupied housing in the Downtown. Policy LU-231. Walk-in customer-oriented businesses should be encouraged to locate along street frontages in the Downtown Core Area and the portion of the Urban Center - Downtown located west of it. The proposed project, which is within the Downtown Core, would have commercial space along the Morris Ave / S 2"d street frontage. Policy LU-23S. Parking should be structured whenever feasible. Accessory surface parking is discouraged. The project would have structured parking exclusively. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] Administra ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JULY 24, 2007 Page 6 of 21 Policy LU-241, Alleys should be maintained in the Urban Center -Downtown in order to facilitate use of alley-accessed parking areas, freight delivery, and removal of refuse and recyclables, The project proposal maintains the existing east-west alley between S 2"" St and S 3'" St and utilizes it for vehicular access, Policy LU-2S3, Secure bicycle parking facilities, such as bike lockers and bike racks should be provided at residential, commercial, and public establishments to encourage bicycle use, Site Plan Review will recommend provision of a secure bicycle parking facility at the building, Objective LU-W: Improve the visual, physical and experiential quality, lighting and safety, especially for pedestrians, along downtown streets, A condition of Site Plan Approval would be submittal of an exterior lighting plan, Policy LU-2S8. Site and building designs, (e,g, signage; building height, bulk and setback; landscaping; and parking, should reflect unity of design to create a distinct sense of place and mitigate adverse impacts on adjacent uses, The Chelsea would improve the aesthetics of the block fronting S 2nd Street, between Morris and Logan Avenues, The block is currently vacant at the project site, has 2 uninhabitable houses on one lot, surface parking on a second lot, and a discount tire store on the opposite corner, Policy LU-260. Design guidelines should assist developers in creating attractive projects that add value to the downtown community, attract new residents, employees, and visitors, and foster a unique downtown identity, The proposed project is subject to the Urban Design Regulations for District 'A', 2. Conformance with existing land use regulations The subject site is zoned Center Downtown (CD). The purpose of the CD zone is to provide a mixed-use urban commercial center serving a regional market as well as high-density residential development. Uses include a wide variety of retail sales, services, multi-family residential dwellings, and recreation and entertainment uses, The use of "attached dwelling" (multi-family residential) is allowed in the Center Downtown zone, The proposed project must meet the development standards of the CD zone, There are no development standards in the zone regulating minimum lot size, minimum lot width or depth, Development standards for the project site include conformance with the requirements for District 'A' of the Urban Design Regulations (RMC 4-3-100), Development Standards Lot Coverage -There is no standard for lot coverage by buildings or impervious surface within the Downtown Core, Setbacks -There are no setback requirements for buildings within the Downtown Core, Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administn. Site Plan Review Staff Report LUA-07-023, SA-A, ECF Page 7 of 21 Building Height -Building height in the CD zone is limited to 95 feet. The building height of the proposed building would be 47.11 feet from the ground elevation of 40. 75 feet to the mid-point of the roof The elevation of the tallest roof element, a corner "turret," would be 62.8 feet. Parking, Loading and Driveway Requirements -The parking regulations (RMC 4-4-080) require a specific number of off-street parking stalls to be provided based on the amount of square footage dedicated to both retail and residential uses, The commercial use would require 1 space for every 1,000 net square feet and attached dwellings in the Downtown Core require 1 parking space per unit. The minimum parking requirement is also the maximum allowed. The 1, 102 sf of commercial space would require 1 space and the residential units would require 24 spaces. Although only 25 spaces would be required, the project proposes 31 spaces, all within the structure, which requires a modification of parking requirements. The modification was requested by the applicant at the time of application and subsequently approved by the Director of Development Services. Provision of 31 spaces would require 2 accessible parking stalls, The proposed parking plan indicates that 2 barrier-free stalls would be provided on the ground- floor level of parking, Landscaping -There are no landscape requirements in the Downtown Core, other than requirements of the Urban Design Regulations (see below), Screening of Service Areas -Apparently, service areas such as waste and recycled materials collection areas are proposed to be inside the parking area of the building. 3, Mitigation of impacts to surrounding properties and uses The project is located in an area of mixed commercial, institutional, and residential uses. Beyond the generally vacant lots to the east is a single-story tire store. One story commercial buildings are located to the west. Renton High School and the Ikea Performing Arts Center are located adjacent to the project to the north. The "Renaissance," an apartment building being converted to condominiums is located to the south across an alley. The Renaissance is similar to the proposed project in scale, The most significant probable negative impact would be on the residential units of the Renaissance, from which there are currently views across the vacant site. Positive impacts of the development would far outweigh any potential negative impacts however. The proposed project would have greatly improve the current conditions of the block and surrounding properties on the south side of S 2 nd Street. The proposed development would be comparable to the new Ikea Performing Arts Center and recent renovations of Renton High School, both of which are adjacent to the north. The impact of a large structure where there was a vacant lot would be mitigated somewhat by the high degree of architectural articulation and wide variety of building materials, including brick, wood, slate, and stone (see Urban Design Regulations discussion, below) 4. Mitigation of impacts of the proposed site plan to the site The unpaved, vacant lot has most recently been surrounded by temporary chain-link fencing and the location of a large construction waste dumpster. The development of the proposed project would further the Vision of the City of Renton as formulated in the Comprehensive Plan objectives and policies, which support increasing urbanization and higher concentrations of development within the designated Urban Center. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBlPW Department THE CHELSEA [CONDOMINIUMS/ Administra, ,ite Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JUL Y 24, 2007 Page 8 of 21 5. Conservation of area-wide property values Development of the site would increase the value of the property and also increase area-wide property values. 6. Safety and efficiency of vehicle and pedestrian circulation The building entrances would be clearly visible and significantly delineated with stone surrounds. There is a pedestrian crossing, by signalized crosswalk, of Morris Ave S only. There is no pedestrian crossing of S 2nd Street at this location. Pedestrians wishing to cross S 2nd Street to access Renton High School or the Ikea Performing Arts Center would use the signalized crossing one block east, at Logan Ave S. The project would increase the number of people in the neighborhood and the number of vehicles utilizing the alley, which would be accessed by Morris Avenue S exclusively. South 2nd Street is a one-way (west bound) arterial with 4 lanes divided by a landscaped median. Vehicles can only access Morris Ave S from the south 2 lanes. Vehicles accessing S 2nd from Morris (left turn only) are regulated by a traffic signal. 7. Provision of adequate light and air The building would have an impact on neighboring property to the south by somewhat blocking light to the north side of that building. The 47.11 foot tall proposed structure would be across a 16 foot wide alley from the abutting building. The greater impact, however, would be from the existing building onto the proposed building to the north due to the primary solar exposure from the south. This would be an existing condition for residents of the new development. Light and air would be provided to residents by means of a 1,252 sf roof-top deck. 8. Mitigation of noise, odors and other harmful or unhealthy conditions Noise and odor impacts would occur for a short period of time during building and site construction. The contractor would be limited to hauling according to "Haul Hours" (RMC 4-4- 030C2) and working during "Permitted Work Hours in or Near Residential Areas" (RMC 4-4- 030C3). There would be no unusual odors expected to be produced from the building upon completion. The waste and recycle collection area would be inside the building. 9. Availability of public services and facilities to accommodate the proposed use The site is served by the City of Renton for all utilities. There are existing 12 inch water mains in Morris Ave Sand S 2nd St, which can deliver 5,000 gpm and static pressure is 70 psi. The proposed project is located in the 196 water pressure zone. There is an existing 6-inch sewer main in the alley and Morris Ave S. There is an existing 12 inch sewer main in S 2 nd St. The structured parking is accessed from Morris Ave S by way of a partially improved alley, which would require additional paving to the southeast property corner. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JULY 24, 2007 Administra ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 90f 21 There are existing sidewalks, curbs, and gutters fronting the site along Morris and S 2 nd , but no existing surface water control facilities in Morris Ave S. The Renton Police Department estimates that the proposed project would generate approximately 20 police calls annually. Theft from the site during construction is a concern and precautions should be taken by the applicant to prevent this from occurring. The Police Department has provided comments for the project during the construction phase and for the project following construction (see "Advisory Notes to Applicant, Revised," below). The Renton School District has provided assurance that students living in the proposed residences can be accommodated at existing facilities. Students would be transported by bus to Lakeridge Elementary and Dimmitt Middle Schools. Renton High School is located adjacent to the property. 10. Prevention of neighborhood deterioration and blight The architectural design and landscaping of the site would ensure that the property would make a positive contribution to the physical condition and visual aesthetic of the neighborhood. Although redevelopment has occurred around this block, the north half of the block has remained undeveloped. It is hoped that additional improvements to the area will occur. D. Consistency with Conditional Use Criteria: The applicant has proposed a 24-unit residential development on a 7,920 sf (0.18 acre) site. The density would be 132 dwelling units per acre. An Administrative Conditional Use Permit is required in order to permit the development of a residential project within the CD zone at the proposed density of 132 dwelling units per net acre. The CD development standards require a maximum denSity of 100 du/a. Up to 150 du/a are allowed in the CD with approval of an Administrative Conditional Use Permit. Section 4-9-030.G lists 11 criteria that the Reviewing Official is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: 1. Consistency with the Comprehensive Plan, zoning code & other ordinances: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. a. Comprehensive Plan Land Use Element The proposed project is within the Urban Center -Downtown Comprehensive Plan land use designation. It is consistent with the objectives and policies of the Urban Center -Downtown designation. b. Zoning Code The proposed project is located within the Center Downtown (CD) zone. The purpose of the CD zone is to provide a mixed-use urban commercial center serving a regional market as well as high-density residential development. The proposed development would provide a mixed-use (commercial and residential) structure built to urban densities. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 c, Development Standards Administra Site Plan Review Staff Report LUA-07-023, SA-A, ECF Page 10 of 21 The Conditional Use Permit would allow development of the project at a higher residential density than normally allowed outright by the development standards. RMC 4-2-120B, "Development Standards for Commercial Zoning Designations," allows up to 100 dwelling units per net acre within the Center Downtown zone, The density may be increased to a maximum of 150 du/a if the requirements of a Conditional Use Permit are met. 2. Community Need: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Reviewing Official shall consider the following factors, among all other relevant information: a. The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The proposed project would result in the construction of 24 for-sale residential units above a commercial space, Residential projects in the Downtown have continued to be successful ventures within the City of Renton, with apartments constructed in the late 1990s now being converted to condominiums. The City has a current incentive in place to encourage development of additional owner-occupied units in the Downtown, The proposal would not result in an over concentration of residential units in the Downtown, b. That the proposed location is suited for the proposed use. The subject site is abutting residential uses on the south and, having commercial space on the ground floor, would serve as a transition to the commercial property to the west and east of the subject property, The proposed project would be compatible with the surrounding residential and commercial uses. 3. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: a. Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. There are no lot coverage requirements in the CD zone. b. Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard, There are setback requirements in the CD zone. c, Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, bell towers, public utility antennas or similar structures may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding uses in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures, The proposed building would comply with the height requirement of the CD zone; see Site Plan Review criteria discussion. 4. Compatibility: The proposed use shall be compatible with the residential scale and character of the neighborhood. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA [CONDOMINtUMS] REPORT OF JUL Y 24, 2007 Administra ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 11 of 21 The proposed project is highly compatible in scale and use with the surrounding neighborhood, Future development would be consistent with the current proposal and past projects. 5. Parking: Parking under the building structure should be encouraged. All parking is proposed within the proposed structure on the ground level and one level below ground. See Site Plan Review criteria discussion. 6. Traffic: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area, Staff has reviewed the circulation patterns of potential vehicles and pedestrians. The proposed vehicle access to the building from the alley has been approved by the Transportation Division, See Site Plan Review criteria discussion regarding pedestrian and vehicular circulation. 7. Noise, Glare: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on-site parking areas, outdoor recreational areas, and refuse storage areas. The impacts of noise and glare, if they occur, would not be significantly different from a project that is denser. 8. Landscaping: Landscaping shall be provided in all areas not occupied by building or paving. The Reviewing Official may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The site would be landscaped to the greatest extent possible, given the proposed site coverage. See Site Plan Review criteria discussion. 9. Accessory Uses: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. There are no accessory uses proposed. 10. Conversion: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No building conversion is proposed. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 11. Public Improvements: Administn Site Plan Review Staff Report LUA-07-023, SA-A, ECF Page 12 of 21 The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. The proposed project would be required to install utilities and construct road improvements as mandated by the City's regulations. See Site Plan Review criteria discussion. E. Urban Design Regulations The purpose of the Urban Design Regulations is to establish design review regulations in accordance with policies established in the Land Use and Community Design Elements of the Renton Comprehensive Plan in order to: a. Maintain and protect property values; b. Enhance the general appearance of the City; c. Encourage creativity in building and site design; d. Achieve predictability, balanced with flexibility; and e. Consider the individual merits of proposals. The proposed project, The Chelsea, is subject to District 'A' Urban Design Regulations. There are two categories of regulations, "minimum standards" that must be met and "guidelines" that, while not mandatory, are considered by the Development Services Director in determining if the proposed action meets the intent of the design guidelines. Due to the nature of the project, development of a vacant lot in an established neighborhood, certain of the Design Elements, such as "street pattern" do not apply and, therefore, are not considered in this report. Where conflicts may be construed between the design regulations of this section and other sections of the Renton Municipal Code, the regulations of this section shall prevail. I. SITE DESIGN AND BUILDING LOCATION Intent: To ensure that buildings are located in relation to streets and other buildings so that the Vision of the City of Renton can be realized for a high-density urban environment; so that businesses enjoy visibility from public rights-of-way; and to encourage pedestrian activity throughout the district. 1. Site Design and Street Pattern Intent: To ensure that the City of Renton Vision can be realized within the Urban Center Districts; plan districts that are organized for efficiency while maintaining flexibility for future development at high urban density and intensity of use; create and maintain a safe, convenient network of streets of varying dimensions for vehicle circulation; and provide service to businesses. Minimum Standard for District 'A': Maintain existing grid street pattern. The proposed project would not aiter the existing street pattern. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS/ REPORT OF JUL Y 24, 2007 2. Building Location and Orientation: Administra :ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 13 of 21 Intent: To ensure visibility of businesses; establish active, lively uses along sidewalks and pedestrian pathways; organize buildings in such a way that pedestrian use of the district is facilitated; encourage siting of structures so that natural light and solar access are available to other structures and open space; enhance the visual character and definition of streets within the district; provide an appropriate transition between buildings, parking areas, and other land uses and the street; and increase privacy for residential uses located near the street. Minimum Standard for District 'A': Orient buildings to the street with clear connections to the sidewalk. The building addresses the two abutting streets with pedestrian entries directly connected to the sidewalks. The vehicle entries/exits are at the alley. 3. Building Entries Intent: To make building entrances convenient to locate and easy to access, and ensure that building entries further the pedestrian nature of the fronting sidewalk and the urban character of the district. Minimum Standard for District' A': A primary entrance of each building shall be located on the facade facing a street. Such entrances shall be prominent, visible from the street, connected by a walkway to the public sidewalk, and include human scale elements. The primary building entrance, to a ground floor lobby, fronts S 2nd Street. The entry to the commercial space is at the chamfered northwest corner of the building, at the intersection of Morris and S 2nd. A rear pedestrian entry is off the alley, between the two vehicle entries/exits. 4. Transition to Surrounding Development: Intent: To shape redevelopment projects so that the character and value of Renton's long- established, existing neighborhoods are preserved. Minimum Standard for District 'A': Careful siting and design treatment is necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. At least one of the following design elements shall be considered to promote a transition to surrounding uses: i. Setbacks at the side or rear of a building may be increased by the Reviewing Official in order to reduce the bulk and scale of larger buildings and so that sunlight reaches adjacent yards; ii. Building proportions, including step-backs on upper levels; iii. Building articulation to divide a larger architectural element into smaller increments; The street-facing fagades would have a high degree of architectural articulation, including bay windows, wrought iron "Juliette" balconies, mullioned windows of various sizes, and other architectural detailing to reduce the visual appearance of the structure. iv. Roof lines, roof pitches, and roof shapes designed to reduce apparent bulk and transition with existing development. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administra ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 14 of 21 The mansard roof would have an Arts and Crafts-style roof atop a turret at the northwest building corner. 5. Service Element Location and Design: Intent: To reduce the potential negative impacts of service elements (i.e., waste receptacles, loading docks) by locating service and loading areas away from high-volume pedestrian areas, and screening them from view in high visibility areas. Minimum Standards for All Districts: i. Service elements shall be located and designed to minimize the impacts on the pedestrian environment and adjacent uses. Service elements shall be concentrated and located where they are accessible to service vehicles and convenient for tenant use. All service areas would be located within the parking garage, ii. Garbage, recycling collection, and utility areas shall be enclosed, consistent with RMC 4-4- 090, Refuse and Recyclables Standards, and RMC 4-4-095, Screening and Storage Height/Location Limitations, See above. iii. In addition to standard enclosure requirements, garbage, recycling collection, and utility areas shall be enclosed on all sides, including the roof and screened around their perimeter by a wall or fence and have self-closing doors. See above. iv. The use of chain link, plastic, or wire fencing is prohibited. No fencing is proposed. v. If the service area is adjacent to a street, pathway, or pedestrian-oriented space, a landscaped planting strip, minimum three feet (3') wide, shall be located on three (3) sides of such facility. All service areas would be located within the parking garage, II. PARKING AND VEHICULAR ACCESS: Intent: To provide safe, convenient access to the Urban Center; incorporate various modes of transportation, including public mass transit, in order to reduce traffic volumes and other impacts from vehicles; ensure sufficient parking is provided, while encouraging creativity in reducing the impacts of parking areas; allow an active pedestrian environment by maintaining contiguous street frontages, without parking lot siting along sidewalks and building facades; minimize the visual impact of parking lots; and use access streets and parking to maintain an urban edge to the district. 1. Location of Parking: Intent: To maintain active pedestrian environments along streets by placing parking lots primarily in back of buildings. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JULY 24, 2007 Administra ,ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 15 of 21 Minimum Standards for District 'A': No surface parking shall be located between a building and the front property line or the building and side property line on the street side of a corner lot. All parking would be inside the building. 2. Design of Surface Parking: NOT APPLICABLE Intent: To ensure safety of users of parking areas, convenience to businesses, and reduce the impact of parking lots wherever possible. Minimum Standards for District 'A': i. Parking lot lighting shall not spill onto adjacent or abutting properties. ii. All surface parking lots shall be landscaped to reduce their visual impact (see RMC 4-4- 080F7, Landscape Requirements). III. PEDESTRIAN ENVIRONMENT: Intent: To enhance the urban character of development in the Urban Center by creating pedestrian networks and by providing strong links from streets and drives to building entrances; make the pedestrian environment safer and more convenient, comfortable, and pleasant to walk between businesses, on sidewalks, to and from access points, and through parking lots; and promote the use of multi-modal and public transportation systems in order to reduce other vehicular traffic, Pedestrian Circulation: Intent: To create a network of linkages for pedestrians to improve safety and convenience and enhance the pedestrian environment. Minimum Standards for District 'A': i. Developments shall include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system and adjacent properties. Pedestrian building entrances front on streets. ii. Sidewalks located between buildings and streets shall be raised above the level of vehicular travel. Sidewalks are raised above the level of vehicular travel. IV. LANDSCAPING/RECREATION AREAS/COMMON OPEN SPACE: Intent: To provide visual relief in areas of expansive paving or structures; define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. To have areas suitable for both passive and active recreation by residents, workers, and visitors; provide these areas in sufficient amounts and in convenient locations; and provide the opportunity for community gathering in places centrally located and designed to encourage such activity. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] Administra lite Plan Review Staff Report LUA-07-023, SA-A, ECF REPORT OF JUL Y 24, 2007 Page 16 of 21 1. Landscaping Intent: Landscaping is intended to reinforce the architecture or concept of the area; provide visual and climatic relief in areas of expansive paving or structures; channelize and define logical areas of pedestrian and vehicular circulation; and add to the aesthetic enjoyment of the area by the community. Minimum Standards for All Districts: i. All pervious areas shall be landscaped (see RMC 4-4-070, Landscaping). The applicant submitted a detailed landscape plan that meets the requirements of Renton Municipal Code. ii. Street trees are required and shall be located between the curb edge and building, as determined by the City of Renton. Existing street trees are proposed to remain along Morris Ave Sand S ;znd Street. iii. On designated pedestrian-oriented streets, street trees shall be installed with tree grates. For all other streets, street tree treatment shall be as determined by the City of Renton. Street trees are existing. iv. The proposed landscaping shall be consistent with the design intent and program of the building, the site, and use. The proposed landscaping is consistent with the design intent and program of the building, the site, and use. v. The landscape plan shall demonstrate how the proposed landscaping, through the use of plant material and non-vegetative elements, reinforces the architecture or concept of the development. The landscaping would reinforce the architecture of the development. vi. Surface parking areas shall be screened by landscaping in order to reduce views of parked cars from streets (see RMC 4-4-080F7, Landscaping Requirements), Such landscaping shall be at least ten feet (10') in width as measured from the sidewalk. Standards for planting shall be as follows: Not applicable, vii. Regular maintenance shall be provided to ensure that plant materials are kept healthy and that dead or dying plant materials are replaced, Responsibility for maintenance of landscaping lies with the Condominium Owners' Association (COA) with work authorized by the COA Board of Directors. A draft of the Declaration and Covenants, Conditions, Restrictions and Reservations for The Chelsea has been submitted. Staff recommends that, as a condition of occupancy, the CC&R must be approved by the City of Renton Attorney. viii. Underground, automatic irrigation systems are required in all landscape areas. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administr;. ,ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 17 of 21 Underground, automatic irrigation systems would be provided in aI/landscape areas. V. BUILDING ARCHITECTURAL DESIGN: Intent: To encourage building design that is unique and urban in character, comfortable on a human scale, and uses appropriate building materials that are suitable for the Pacific Northwest climate. To discourage franchise retail architecture. 1. Building Character and Massing Intent: To ensure that buildings are not bland and visually appear to be at a human scale; and ensure that all sides of a building, that can be seen by the public, are visually interesting. Minimum Standard for District 'A': All building facades shall include modulation or articulation at intervals of no more than forty feet (40'). Building articulation would consist of continuous bay windows on the second, third, and fourth floors, no more than 12 horizontal feet apart. 2. Ground-Level Details Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Minimum Standards for All Districts: i. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways are prohibited. A wall (including building facades and retaining walls) is considered a blank wall if: (a) It is a ground floor wall or portion of a ground floor wall over six feet (6') in height, has a horizontal length greater than fifteen feet (15'), and does not include a window, door, building modulation or other architectural detailing; or (b) Any portion of a ground floor wall having a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. A blank wall is proposed on the east fagade, in anticipation of future development of the abutting property. The wall would be visible from the westbound traffic on S 2nd Street only. At the present time, mature trees on the abutting property and in the median of S 2"d largely screen this wall from view. In the winter, however, when the deciduous trees are leafless, it would be more visible, although still screened to a certain extent. Since future development of the abutting vacant property is likely, the visibility of the blank wall should be considered a temporary situation and not subject to mitigation in terms of the Urban Design Regulations. ii. Where blank walls are required or unavoidable, blank walls shall be treated with one or more of the following: (a) A planting bed at least five feel (5') in width containing trees, shrubs, evergreen ground cover, or vines adjacent to the blank wall; (b) Trellis or other vine supports with evergreen climbing vines; (c) Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; (d) Artwork, such as bas-relief sculpture, mural, or similar; or Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA (CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administra (e) Seating area with special paving and seasonal planting. See above. iii. Treatment of blank walls shall be proportional to the wall. See above. ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 18 of 21 iv. Provide human-scaled elements such as a lighting fixture, trellis, or other landscape feature along the facade's ground floor. Approximately 113 of the Morris faqade and Y, of the S 2"d St faqade on the ground floor would be glazing. Entrances along S 2nd would have stone lintels and surrounds. v. Facades on designated pedestrian-oriented streets shall have at least seventy-five percent (75%) of the linear frontage of the ground floor facade (as measured on a true elevation facing the designated pedestrian-oriented street) comprised of transparent windows and/or doors. No local streets are designated as pedestrian-oriented. vi. Other facade window requirements include the following: (a) Building facades must have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). (b) Display windows shall be designed for frequent change of merchandise, rather than permanent displays. (c) Where windows or storefronts occur, they must principally contain clear glazing. (d) Tinted and dark glass, highly reflective (mirror-type) glass and film are prohibited. The proposed project would meet these requirements. 3. Building Roof Lines Intent: To ensure that roof forms provide distinctive profiles and interest consistent with an urban project and contribute to the visual continuity of the district. Minimum Standards for District 'A': Buildings shall use at least one of the following elements to create varied and interesting roof profiles: i. Extended parapets; ii. Feature elements projecting above parapets; iii. Projected cornices; iv. Pitched or sloped roofs. (a) Locate and screen roof-mounted mechanical equipment so that the equipment is not visible within one hundred fifty feet (150') of the structure when viewed from ground level. (b) Screening features shall blend with the architectural character of the building, consistent with RMC 4-4-095E, Roof-Top Equipment. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIBIPW Department THE CHELSEA [CONDOMINIUMS1 REPORT OF JUL Y 24, 2007 Administra ;ite Plan Review Staff Report LUA-07-023, SA-A, ECF Page 19 of 21 (c) Match color of roof-mounted mechanical equipment to color of exposed portions of the roof to minimize visual impacts when equipment is visible from higher elevations. Roofs would have several of the suggested elements. 4. Building Materials Intent: To ensure high standards of quality and effective maintenance over time; encourage the use of materials that reduce the visual bulk of large buildings; and encourage the use of materials that add visual interest to the neighborhood. Minimum Standards for all Districts: i. All sides of buildings visible from a street, pathway, parking area, or open space shall be finished on all sides with the same building materials, detailing, and color scheme, or if different, with materials of the same quality. The fagades of the building would be similarly finished. ii. Materials, individually or in combination, shall have an attractive texture, pattern, and quality of detailing for all visible facades. See discussion below. Minimum Standards for Districts 'A': Buildings shall employ material variations such as colors, brick or metal banding, patterns, or textural changes. The building materials would primarily consist of red, fired brick veneer on the first and second levels and 6 inch beveled wood horizontal siding on the third and fourth floors. The roof would be dark grey slate. Accents along both the Morris and S 2nd fagades would consist of light grey stucco (Hardi- panel) above the third and fourth floor bay windows and at the ground floor parking garage; buff colored wood decorative horizontal molding between the second and third floors, light grey granite lintels and quoins around the doors and windows at the ground level; and wrought iron grillS at second level windows (Exhibit 11). VI. LIGHTING Intent: To ensure safety and security; provide adequate lighting levels in pedestrian areas such as plazas, pedestrian walkways, parking areas, building entries, and other public places; and increase the visual attractiveness of the area at all times of the day and night. Minimum Standards for District 'A': i. Lighting shall conform to on-site exterior lighting regulations located in RMC 4-4-075, "Lighting, Exterior On-Site." ii. Lighting shall be provided on-site to increase security, but shall not be allowed to directly project off-site. iii. Pedestrian-scale lighting shall be provided, for both safety and aesthetics, along all streets, at primary and secondary building entrances, at building facades, and at pedestrian- oriented spaces. Admin Site Plan Review Chelsea 07-023.doc City 01 Renton PIBIPW Department THE CHELSEA (CONDOMINIUMS] REPORT OF JUL Y 24, 2007 Administra Site Plan Review Staff Report LUA-07-023, SA-A, ECF Page 20 0121 Staff recommends that a lighting plan be submitted to the Development Services Division for approval prior to issuance of building permits, demonstrating that proposed lighting meets the requirements of exterior lighting regulations, RMC 4-4-075. F, Findings Having reviewed the written record in the matter, the City now enters the following: 1. Request: The Applicant has requested Environmental Review, Site Plan Approval, and Conditional Use Permit for construction of a 24-unit residential structure with ground floor commercial space at Morris Ave Sand S 2nd Street. 2. Environmental Review: The applicant's file containing the application, State Environmental Policy Act (SEPA) documentation, the comments from various City departments, the public notices requesting citizen comment, and other pertinent documents was entered as Exhibit 1. A Determination of Non-Significance with Mitigation was made by the Environmental Review Committee on April 9, 2007. 3. Site Plan Review: The applicant's site plan application complies with the requirements for information for site plan review. The applicant's site plan and other project drawings are entered as individual Exhibits and also contained in the Yellow File (Exhibit 1). 4. Conditional Use Permit: The applicant's application for increased density is consistent with the development standards of the zone. 5. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of Urban Center -Downtown (UC-D). 6. Zoning: The subject proposal complies with the zoning requirements and development standards of the Center Downtown (CD) Zoning designation. 7. Existing Land Use: Land uses surrounding the subject site are commercial on the west, vacant land on the east, institutional to the north, and residential on the south. G. Conclusions 1. The subject proposal is consistent with the policies and codes of the City of Renton provided that the applicant complies with the conditions of approval contained in this Report and Decision. 2. The proposal is consistent with the Comprehensive Plan designation of Urban Center - Downtown (UC-D) and the zoning designation of Center Downtown (CD) provided that the applicant complies with the conditions of approval contained in this Report and Decision. 3. The criteria for a Conditional Use Permit can be met by the proposed project, provided the applicant complies with the conditions of approval contained in this Report and Decision. H. Decision The Site Plan and Conditional Use Permit for The Chelsea [Condominiums], File No. LUA07-023, are approved as proposed subject to the following conditions: 1. The applicant shall comply with the Environmental Review Committee Mitigation Measures. Admin Site Plan Review Chelsea 07-023.doc City of Renton PIB/PW Department THE CHELSEA [CONDOMINIUMS] REPORT OF JULY 24. 2007 Administra Site Plan Review Staff Report LUA-07-023, SA-A, ECF Page 21 of 21 2. The CC&R, assigning responsibility for maintenance of the common areas, including landscaping, to the Condominium Owners' Association must be approved by the City of Renton Attorney prior to occupancy. 3. A lighting plan shall be submitted to the Development Services Division for approval prior to issuance of building permits, demonstrating that proposed lighting meets the requirements of exterior lighting regulations, RMC 4-4-075. EFFECTIVE DATE OF DECISION ON LAND USE ACTION: SIGNATURES: Neil Watts, Development Services Director TRANSMITTED this 24th day of July. 2007 to the owner: South 20d Street LLC Murray Kahn. Manager 2291 NE 60 lh Street Seattle WA 98115 TRANSMITTED this 24th day of July. 2007 to the applicant/contact: TSA Architects Kent Smutny, 10800 NE 8 h St #300 Bellevue WA 98005 TRANSMITTED this 24th day of July. 2007 to the parties of record: Had; Fakharzadeh P.O. Box 78404 Seattle WA 98178 Ole Willey 835 S 143" Place Burien WA 98168 TRANSMITTED this 24th day of July. 2007 to the following: Larry Meckling, Building Official Jennifer Henning, Current Planning Manager Mark Peterson, fire Marshall Jan Conlin, Development Services Renton Reporter date Land Use Decision Appeal Process: Appeals of the land use deCision must be filed in writing on or before 5:00 PM on August 7, 2007 (14 days from the date appeal period begins). If no appeals are filed by this date, both actions will become final. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425)-430-6510. Admin Site Plan Review Chelsea 07-023.doc • t -i~~--------·--__ ~~M!"}_--_------------___ i-_'~~ j . ~ S. Second St. "'" • U~, tit. t-ID :: I ., '-11-11 I 1 : .. 2 ,1 11tH IF -'----- ,. .. .... MAP I a; .c () G) .c I- EXHIBIT 2 • ! • • Live Search -Custom Print Options Live Search t TE http://loca1.1ive.comlPrintableMap.aspx?mkt=en-us&a=true Page 1 of 1 EXHIBIT 3 07/2012007 J~~I P. W ~ CA CA s E3 • 7 T23N R5E E 112 IMCP) Airport Way CDCP) '" - ~'A' 0" ,. , CD:E :1'Ckd'PI.. 9 •••••• 0 ,., •• 0 I CDeJ) ~ C. D ..•...... "'.,. CD ,~ ITS .. C .... D.' i ~ ...... i ............. ~ ..... CD ~ .•.... . a ;Q... . 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III W > -< III Ii Ii 0 1: '--z 0 I--< > w -' W l- III W ~ z o I--< > W -' w I-i III : -<' wi -.. }-w -' -' -< '--z 0 l--< > w -' w :1 I- ::l 0 III L UI U -,.( It It UI l- II o l- lL o o It z 10 -I UI > UI -I -I -( I- Z UI n III UI It z J III~ IIEFt ~ L--' 0 0 .~. " ! I! 'I,. " I I " I ~: ~-~ " ~ ~' ? " l /"1/ r'~'I-i"''; II " \ , I \ t~ _ .. \ " " 0 0 " c"-O ~ IN ..:.:., 0 "- .~ T.J!' 0 " 0 ) , " l : I I I I (iLl I ~I I ~I ~ I I ~ I :=J ..J III > III ..J l- X III 1: III If) -< In x J r r L L 't¥IW ~ W _w- ::0-JM .0 ~ECOND STREET • i/ ~ ~. ~, 1U<Lrr ::E PLANTING PLAN ...... "'.'Cl:ll'a _ ..... (1) SHRUB/GROUNDCO\€R Pt.ANTINC D£TAlL 10' 5' co 10' 2Jf ~~ SCAlE 1--10' ~ NORlH ASH 2-STORY WOOO BUILDING ~&r ~r1(=t ... _CI'I"I.NCf.",4M I'W.k. I"DG ~ I'W.L ® GROUNDCO~ PLANT SPACING ~- PlANT SCHEDULE -o ---'--1--.. ... -.. o __ ............ ,___ 1I11III.. o ____ 1_ .... _ ..... o ------1--IIIII-o ___ ".".' ____ ICIM. @ __ ... ..r, ___ _ ~ mn .... .. -.. ...., III'. , .. • • • .. ~ ~ .... ~/---~~ ••• ~ --1--_ -...~ ........ -.-UIION_ "_UUII _ ..--._,..... * _ .... ,---.. LANDSCAPE NOTES ', ..... ~.~ a. __ ... _.,, __ _ .\. __ ~_-.-r1lllllL._~ _ _____ 'IIIEEI~_-..aJIo1I1IIID. 0: ~GREEN TREE DETAIL. ... ~_IIIILI'WIII -. ....... -" , ..... 1.I"fIC ... EXHIBIT 9 ~ TWo I'OUn"TWo 51><,_ lfll ,.,----.... \<2»_ '""(4U)-.-t -,- ~ J • ! j • • ! • ~ ~~ ==}~ , " DOWNTOWN CORE AREA MAP: U r-- (Ord. 4671,7-21-1997; Ord. 4722, 5-11-1998; Amd. Ord. 5087, 6-28-2004) EXHIBIT 10 c; -, -, "'- [\ ". % ~ ~ « --'\l "" ~ [\ ~ 'i 41 '" <C '" l- E-< ....... e3 ....... ::c: ....... \Jl ~ -' ~ % 0( li Ii => \'J W I- 0( 1: w \Jl .. ::. I II D II % II W > >L-X \l iil III 1: \Jl Ii Ii () -' 1: ... .. I-~ -U 1: ('I CITY . f1"iPW fJ' 0 FRENTON ,. Planning/BuildinglPubIic Works Department . Gregg ZimmermanP.E., Administrator June 28, 2007 Kent Smutny TSA Architects 10800 NE 8 1h Street #300 Bellevue, WA 98005 Subject: The Chelsea [Condominiums] LUA07-023, SA-A, CU-A, ECF Dear Mr. Smutny: The requested information for the above-referenced project having been submitted to the City of Renton , the hold placed on the Site Plan Review on May 7,2007, has nOW been removed and the review reinitiated. . Please contact me at (425) 430"7382 if you have any questions. Sincerely, . ·d,' . ftfi~ .• </.--o-r . Elizabeth Higgins, AICP . . Senior Planner cc: Property Owner Mark Santos-Johnson _ Jan lilian FJle II'" . . Pwna. of. ((euvd tZ.) -------------IO-55--So-u~ili-G-rn-d-Y-W-a-Y--~R-en-to-n-.w--as-h-in-~-On--%-O-S-7--------~~~ * m paper'Contains 50% recycled mal~l, 3o%postconsumer AHEAD OF THE CUIt,VE , CITY Planning/BuildingIPublic Works Department Gregg Zimmerman P.E., Administrator ~~~ ~ ~ i Kathy Keolker, Mayor ~N~O~----------------------------------------------- May 7,2007 Kent Smutny TSA Architects 10800 NE 8th Street #300 Bellevue, WA 98005 Subject: The Chelsea [Condominiums] LUA07·023, SA·A. CU·A, ECF Dear Mr. Smutny: This letter is sent as a request for clarification about two elements of The Chelsea project at S 2nd Street and Morris Ave S in Renton. The property owner has said the architecture of the structure may change. If so, this needs to be done prior to the completion of the Site Plan Review process. In Renton, Site Plan Review is the only opportunity to evaluate the project's appearance. Although an approved plan may be changed after Slte Plan Approval, a change of the magnitude being considered would be a "major" modification and require a substantially more complex process than typically "minor" modifications. Also, the proposed parking for the project has been evaluated and the following questions need to be addressed: 1. You have requested a parking modification for 31 spaces, but only 30 are clearly indicated on the plans (Sheet A2.1). There are 19 shown on the basement level and 11 on the commercial level, including 1 accessible space. Please clarify the number of spaces requested and their locations. 2. Standard stalls, within structured parking garages, must have a minimum length of 16 feet for parking at 45 degrees or greater. The 90 degree parking requires 16 foot stall length. The standard parking stalls are shown at 15 feet. 3. Compact stalls, within structured parking garages, must have a minimum length of 13 feet for parking at 45 degrees or greater. The 90 degree parking requires 13 foot stall length. The compact parking stalls are shown at 12 feet. Please provide revised plans that demonstrate standard and compact parking stalls and aisles that meet the standards for structured parking. -------------l-O-SS--SO-u-fu-G-m--dy-W--ay--.R-e-n-to-n-,W--as-h-jn-g-ro-n-9-8-oS-7-------------~ * This paper comai'1s 50% reCYCled material, 30% DOStconsumer AHEI\O OF THE CURVE Kent Smutny May 7,2007 Page 2 of2 4. Parking of more than 26 spaces requires 2 accessible stalls. There is one indicated on the commercial level only. Please show the 2 required accessible stalls. Also, please clarify the abbreviation "BF". A legend, if abbreviations are used. and a north arrow would be helpful on each plan sheet. 5. The maximum driveway slope is 8 percent, 15 percent if approved by the Department Administrator. The plans propose a slope within the garage of 16 percent. A slope in excess of 15 percent requires an administrative variance. Please contactLaureen Nicolay, at 425-430-7294, regarding this procedure. A "hold" has been placed on this project, as of the date of this letter, pending the clarification requested. Please respond as soon as possible, so that the review may continue. Please contact me at (425) 430-7382 if you have any questions. Sincerely, t!3/;~ J40 .. : ;J Elizabeth Higgins, AICP Senior Planner cc: Property Owner Mark Santos-Johnson File RENTON POLICE DEPARTMENT Chelsea Condominiums 513 S 2nd Street POLICE RELATED COMMENTS 20 Police calls for service estimated annually CONSTRUCTION PHASE 07-023 Theft from construction sites is one of the most commonly reported crimes in the City. To protect materials and equipment it is recommended that all materials and tools be locked up when not in use. The site will need security lighting, and any construction trailer or storage area should be completely fenced in with portable chain-link fencing. The fence will provide both a physical and psychological barrier to any prospective criminal and will demonstrate that the area is private property. Construction trailers should be kept locked when not in use, and should be fitted with heavy-duty dead bolts with a minimum 1-1/2" throw when bolted. Glass windows in construction trailers should be shatter-resistant. Toolboxes and storage containers should be secured with heavy- duty padlocks and kept locked when not in use. "No Trespassing" signs should be posted on the property during the construction phase. These signs will aid police in making contacts with unwanted individuals on the property if they are observed vandalizing or stealing building materials. COMPLETED COMPLEX Each residential unit should have solid core doors, preferably metal or solid wood, with peepholes. The doors should have heavy-duty deadbolt locks with a minimum 1-)12" throw and installed with 3" screws. Any external storage areas should also have solid wood or metal doors, with deadbolts and latch guards installed. Sliding windows, including glass patio doors, should have secondary locks installed to restrict vertical movement. These secondary locks need to be placed into the top or bottom of the window frames to restrict vertical movement. Simply placing a sturdy, fitted dowel in the window tracks may be adequate. Alarm systems are recommended for each residential unit. Any stairways at the complex should be constructed of lattice, wood or metal railing so that visibility is possible through them. There should not be solid walls in any stairway that would limit visibility up and down the stairs, or provide a place for a criminal to hide while waiting for someone to target. Balcony construction should also be of lattice or railing -no solid walls, for the same reason. Security lighting should be installed along sidewalks, in stairways, foyers and pathways. Each residential unit should have individual unit numbers clearly posted with numbers at Chelsea Condominiums LUA07 -023, SA-A, CU-A least 6" in height and of a color contrasting with the building. unit numbers should also be illuminated so that they are easily located. This will assist emergency personnel in locating the correct location for response. It's important to provide confidential entry information (i.e., a "secret" law enforcement-only code) to both fire and police in case of emergencies if this building is secured. Proper lighting in parking locations and pathways are especially important. Illumination in this area will contribute to the security of residents traversing from their vehicles to their residences, and will help reduce property crimes associated with unattended vehicles. Garages built beneath multi-housing structures are especially susceptible to criminal activity due to the lack of visibility by residents and/or pedestrians in the area. I have concerns regarding the alley-access parking entrance. This area of Renton experiences high pedestrian traffic and secluding the entrance to the parking area is not advised. Latch guards should be installed on any and all doors leading from the outside in. And any lever-handled doorknob located on the outside is discouraged. These are easy to pry/damage to obtain access inside a building. Where egress might be an issue, bar- releases can be installed to meet Fire Code requirements. This would include any storage or maintenance shops, doors leading into the parking garage, etc. Any separate resident storage units should have latch guards and deadbolts installed. Dumpster locations should be secured within their own housing and well lit. If possible, creating a dumpster location that can be secured for resident's use, but accessible for waste management is recommended. Landscaping should be installed with the objective of allowing visibility: not too dense or too high. Too much landscaping will make residents feel isolated, and will provide criminals with concealment to commit crimes such as burglary and vandalism. Chelsea Condominiums 2 LUA07 -023, SA-A, CU-A Cit yo ..• enton Department of Planning / Building / Pu Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist 01 1,102 sf 01 commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story buildinll' Density is proposed at 133 units per net acre which requires an administrative conditional use permit. Several parking code modifications are proposed and a right-ol-way use permit has been submitted to allow bay windows to encroach into public right of way. An environmental review, site plan review (administrative), conditional use permit review (administrative), and parking modifications will be required. 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 lousing Air Water Plants LandiShorefine Use Animals r Environmental Health Public Services Energy/ Natural Resources A=~:~ 6FS -fYJ td-h /1OtiSfli B. POLICY-RELA TED COMMENTS C. CODE-RELA TED 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 additio I information is needed to properly assess this proposal. If-I/-~? Date STATE OF WASHINGTON DEPARTMENT OF ARCHAEOLOGY & HISTORIC PRESERVATION 1063 S. Capitol Way, Suite 106 • Olympia, Washington 98501 \".<;\ !~'~" Mailing address: PO Box 48343 • Olympia, Washington 98504-8343 J ~.\> 'r, .. , (360) 586-3065 • Fax Number (360) 586-3067 • Website: www.dahp.wa.gov. . ".+f'..~,~-;' " April 18, 2007 Ms. Elizabeth Higgins, Senior Planner City of Renton 1055 S. Grady Way Renton, WA 98055 Log: 041807-13-KI Property: Chelsea Condominiums LUA07-023 SEPA MDNS 2nd Street & Morris Avenue S. Re: Archaeology -Survey Requested Dear Ms. Higgins: '. ';S'f.l1 We have reviewed the materials forwarded to our office for the proposed project referenced above. One mitigation measure requires the proponent to stop work if evidence of a historic site is found. We have concerns about this mitigation measure, as it puts the burden of recognizing archaeological resources on construction personnel. Archaeological resources, especially the type found in Renton, can be difficult for the untrained eye to recognize. It is well known that there is a large, National Register eligible archaeological site across the street at the high school. Given the proximity of the site, and the difficulty in identifying the resource, a professional archaeological survey in advance of construction would be a more appropriate mitigation measure. If this is not possible, having a professional archaeologist monitor all ground disturbing activities would be the next most appropriate option. We also recommend consultation with the concerned tribes cultural committees and staff regarding cultural resource issues. If any federal funds or permits are involved Section 106 of the National Historic Preservation Act, as amended, and its implementing regulations, 36CFR800, must be followed. This is a separate process from SEPA and requires formal government-to-government consultation with the affected Tribes and this agency. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer. Should additional information become available, our assessment may be revised. Thank you for the opportunity to comment on this project and we look forward to receiving the survey report. Should you have any questions, please feel free to contact me at (360) 586-3083 or Stephenie.Kramer@dahp.wa.gov. \~LtUW--- hen e Kramer Assistant State Archaeologist cc: Laura Murphy Dennis Lewarch Cecile Hansen STATE OF WASHINGTON, COUNTY OF KING} AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Jody L. Barton, 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 April 14, 2007. The full amount of the fee charged for said foregoing publication is the sum of$126.00_ :on Advertising Representative, Renton Reporter scribed and sworn to me this 16"' day of April, 2007. ~\\\l~II:t,,!( ,\' C r, r,,'''''' ~/l~ .... ' M_ 'E:! ........ '-'0 ~.G'~"~ '-'" .• , .,:.. n-.. .~~~'.~lON ;'~, ... ~'-A " .... ~ v ..... ~'.-. 't..-~: ... v .-;. :: /0/ '1>;-. ~ -,,() ()1':. H lJ Cantelon '-":: ; NOTARY : _ Notary Public for the State of Washington, Residing in~~AwaJh~15tt ) 6 § P.O. Number: -:.~.\ .... 0,] \~ ••• r.;....:,~ b l) C{)2/}Z7 / /)/) -:;. ~ ·• •• ;0 1!2Q •••• ·~(!J,::. '-"" 0", ·:~I~A .. ~0\", ... ' • _~ ~ o· ..... \ "i'/I('nll~"\\ NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMI1'fEE RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance- Mitigated for the following project under the authority of the Renton Municipal Code. Chelsea Condominiwns LUA07-{)23, SA-A, CU-A, ECF Location: Southeast corner of S 2nd Street and Morris Avenue S. The proponent of the Chelsea Condomininm8 pTojed is request.ing approvals of a SEPA Em ... imnmcntal Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 :;qnare foot. (:"fJ v"cant property locHtC'd in Downtown Rf'nton. The proposed project \vnuld result in 24 apart.ment,-",tyie condominium rf'sidential unitt-; mid 1,102 :::f of ground floor commercial/retail with on-site, structured parking, The property has an Urban Center - Downtown ComprehenRive Plan land use designation and i8 in the Center Dov.rnt-Own Zone. A Conditional Use Pennit would he required to allow higher density (133 dula) than would otherwise be allowed (100 duJa) in the zone. Appeals of the environmental detennination must be filed in writing on or before 5:00 PM on April 30, 2007, Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the-appeal process may be obtained from the Renton City Clerk's Office, (425) 430- 6,010. Published in the Renton Reporter April 14, 2007. #863222 ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-$IGNIFICANCE· MITIGATED (DNS·M) POSTED TO NOTIFy INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME-Chelsea COndominiums PROJECT NUMBER: L.UA07-023, SA_A. CU-A, ECF LOCATION: SQutheast corn .. r of S 2nd Street and Morris A ... ,mue S DESCRIPTION: Th ... proponent Of Ihl;! project, Chalsea CondQmlnlum~, Is requntlllg approvals of a SEPA. Envlronmontal Ft9vluw, a Sit" Plan Review, and Conditional Use P8rml1 for development of a 1,&:20 square foQI (sf) vacant property located in Ocwntown Renton. Tho proposl'd proJect would result In 24 apartmenl-style reSidential Linl!s and ground floor commercial/retail wl1h on.lllte, slnlClured parking. The property II lro the Cenle, Downtown ZO""t, A Conditional Us", Permit would be Nqulred to allow higher denalI)' than woutd otlivrwlse be allowslll" th. zone THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERG) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT, Appnl8 of the environmental determination must be til.d In writing on or b.fors 5:00 PM on April 30, 2007. Appoials mllat ba flied In writing together with the required !75.00 applleatlon fn with: He~rlng Examiner. City 01 R.nlon, 1055 South Gredy Way, R.nton, WA ga057. Appeals to the Examiner BJ1II governed by City of IUnton Municipal COcM Section 4-3-110.B. Additional information regardln\! the appUI proceS! may be obtalr'led from the Renton City Clark'. Office, (42~) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED CERTIFICATION I, Ssm t4F1 9f/ib , hereby certify that 'f copies of the above document were posted by me in _7_ conspicuoUS places or nearby the described property Qlh\\\\\\\11 ~," ,., ...... ~II ... ,:~ . ,-'if'" '" 7~ ryr'97h4:1ioc'A~J_ ~ SIGNED: r~ c;::;,/,6! -=-/ -"~~~1. --.r ."'...! + ~ ~ A TIEST: Subscnbed and sworn before me, a Notary PublIc, m and for the State of Washington reslc&ng iihJ .,>~ ~ ~ ~ ; ! -,S""oll.JeltlJUtlL.d...!..R fL" _" on the 1 LA""'" day of--"Q"'-f~"",,",l!"'" a.Jl ___ _ /J ~ fJ z';Z_ ~~~~~IQ~~~~ ,t) / .... OE fir . ,,"-"':P,F .. ~.s III V',., ..... 0, ..... ' il\\\\\\,\'" · . 9" CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 12th day of April, 2007, I deposited in the mails of the United States, a sealed envelope containing ERC Determination documents. This information was sent to: Name Agencies Kent Smutny South 2 nd Street, LLC -Murray A. Kahn, Manager Hadi Fakharzadeh Ole Willey (Signature of Sender): ~ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) See Attached Contact Owner POR POR I certify that I know or have satisfactory evidence that Stacy Tucker Representing signed this instrument and acknowledged it to be his/her/their free and voluntary act for the i.\~t\t and purposes mentioned in the instrument. ~"'~4tl ,1.!,II"I, 3'"r;. \.'~:"~*'<:-;II :::: u'lJ .... .;>1. .~It, Fi,. 'I, ~ 3,,'J: .. ·' ....,."k\1':~ Project Name: Chelsea Condominiums Project Number: LUA07-023, SA-A, CU-A, ECF template -affidavit of service by mailing . • Dept of Ecology' Environmental Review Section PO Box 47703 Olvmoia, WA 98504-7703 WSDOT Northwest Region' Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers' Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Jamey Taylor' Depart. of Natural Resources PO Box 47015 Olvmpia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 900 Oakesdale Ave. SW Renton, WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) LETTER MAILING (ERG DETERMINATIONS) WDFW -Stewart Reinbold' Muckleshoot Indian Tribe Fisheries Dept' cia Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190160" Ave SE 39015 -172"' Avenue SE Bellevue, WA 98008 Auburn, WA 98092 Duwamish Tribal Office' Muckleshoot Cultural Resources Program' 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle, WA 98106-1514 39015 172"d Avenue SE Auburn, WA 98092-9763 KC Wastewater Treatment Division' Office of Archaeology & Historic Environmental Planning Supervisor Preservation* Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST, MS KSC-NR-050 PO Box 48343 Seattle, WA 98104-3855 Olympia, WA 98504-8343 City of Newcastle City of Kent Attn: Mr. Micheal E. Nicholson Attn: Me. Fred Satterstrom, AICP Director of Community Development Acting Community Dev. Director 13020 SE 72"' Place 220 Fourth Avenue South Newcastle, WA 98059 Kent, WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster, Responsible Official Joe Jainga 6300 South center Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868, MS: XRD-01W Tukwila, WA 98188 Seattle, WA 98104-3856 Bellevue, WA 98009-0868 Seattle Public Utilities State Department of Ecology Real Estate Services NW Regional Office Title Examiner 3190 160th Avenue SE 700 Fifth Avenue, Suite 4900 Bellevue, WA 98008-5452 PO Box 34018 Seattle, WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the checklist, PMT's, and the notice of application .• Also note, do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template· affidavit of service by mailing ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NON-SIGNIFICANCE -MITIGATED (DNS-M) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: Chelsea Condominiums PROJECT NUMBER: LUA07-023, SA-A, CU-A, ECF LOCATION: Southeast corner of S 2nd Street and Morris Avenue 5 DESCRIPTION: The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton. The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals ofthe environmental determination must be filed In writing on or before 5:00 PM on April 30, 2007. Appeals must be flied In writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.8. Additional Information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, A PUBLIC HEARING WILL BE SET AND ALL PARTIES NOTIFIED. '"::~.... _\':, . . , .' ,,'v ~~ " • ..f '~<t1t-t" ,cn~; .. ',. .~ .. ,""..~ . " .1 7 " : I'll re,ltt-' J. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEVELOPMENT SERVICES DIVISION AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION Please include the project NUMBER when calling for proper file identification, April 12, 2007 Kent Smutny TSA Architects 10800 NE 8th Street #300 Bellevue, W A 98005 SUBJECT: Chelsea Condominiums LUA07-023, SA-A, CV-A, ECF Dear Mr. Smutny: CITY :>F RENTON Planning/Building/Public Works Department Gregg Zimmerman P .E., Administrator This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non- Significance-Mitigated with Mitigation Measures. Please refer to the enclosed ERC Report and Decision, Part 2, Section B for a list ofthe Mitigation Measures. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on April 30, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 O.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Ifthe Environmental Determination is appealed, a public hearing date will be set and all parties notified. The preceding information will assist you in planning for implementation of your project and enable you to exercise your appeal rights more fully, if you choose to do so. If you have any questions or desire clarification of the above, please call me at (425) 430-7382. For the Environmental Review Committee, U7~d;:....J~ Elizabeth Higgins, AICP Senior Planner Enclosure cc: South 2nd Street, LLC 10wner(s) Hadi Fakharzadeh, Ole Willey I Party(ies) of Record 1055 South Grady Way -Renton. Wash-in-g-to-n-9-8-05-7-------~ * ThiS paper '~;:1dal! 's 50~':, I C','v'."'ed material, 30% post consumer AHEAD OF THE CURVF April 12,2007 Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, W A 98504-7703 CIT,\, IF RENTON Planning/BuildinglPublic Works Department Gregg Zimmerman P.E., Administrator Subject: Environmental Determinations Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on April 9, 2007: DETERMINATION OF NON-SIGNIFICANCE -MITIGATED PROJECT NAME: PROJECT NUMBER: LOCATION: Chelsea Condominiums LUA07-023, SA-A, CU-A, ECF Southeast corner of S 2nd Street and Morris Avenue S DESCRIPTION: The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sl) vacant property located in Downtown Renton. The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking. The property is in tbe Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on April 30, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-11 O.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. If you have questions, please call me at (425) 430-7382. For the Environmental Review Committee, £¥~-0.d;:..J~~ Elizabeth Higgins, AICP Senior Planner cc: King County Wastewater Treatment Division WDFW, Stewart Reinbold David F. Dietzman, Department of Natural Resources WSDOT, Northwest Region Duwamish Tribal Office Karen Walter, Fisheries, Muckleshoot Indian Tribe (Ordinance) Enclosure 1055 South Grady Way -Renton, Wash-in-gt-o-n-9-g0-5-7-------~ ~ This paper car:[,"'rlS 50"+, I 3;::vded material, 30% post consumer AHEAD OF THE CURVE CITY OF RENTON DETERMINATION OF NON·SIGNIFICANCE·MITIGATED MITIGATION MEASURES APPLICATION NO(S): LUA07-023. SA-A. CU-A. ECF APPLICANT: South 20d Street. LLC -Murray A. Kahn. Manager PROJECT NAME: Chelsea Condominiums DESCRIPTION OF PROPOSAL: The proponent of the project. Chelsea Condominiums. is requesting approvals of a SEPA Environmental Review. a Site Plan Review. and Conditional Use Permit for development of a 7.920 square foot (sf) vacant property located in Downtown Renton. The proposed project would result in 24 apartment-style residential units and ground fioor commercial/retail with on-site. structured parking. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. LOCATION OF PROPOSAL: LEAD AGENCY: MITIGATION MEASURES: Southeast corner of S 20d Street and Morris Avenue S The City of Renton Department of Planning/Building/Public Works Development Planning Section 1. The applicant shall be required to comply with the recommendations included in the geotechnical report. "Report of Geotechnical Investigations. Proposed Apartment Buildings. Renton Washington." dated June 9. 2005. was prepared by Soil & Environmental Engineers. Inc. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to tlie Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. 3. Should evidence of a historic site be found during site development. work shall be stopped and the applicant required to submit an archaeological resource survey of the site. This survey shall conform to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist. Work shall recommence when approval is received from the Office of Archaeology and Historic Preservation. 4. A Transportation Mitigation Fee shall be assessed. estimated to be $10.650.00. and shall be paid prior to obtaining building permits. 5. The applicant shalt pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi-family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees. estimated to be $9.885.08 shalt be assessed prior to obtaining building permits. 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $354.51 per new multi-family unit prior to obtaining building permits. ERG Mitigation Measures Page 1 of 1 CITY OF RENTON DETERMINATION OF NON·SIGNIFICANCE·MITIGATED ADVISORY NOTES APPLICATION NO(S): LUA07-023, SA-A, CU-A, ECF APPLICANT: South 2M Street, LLC -Murray A. Kahn, Manager PROJECT NAME: Chelsea Condominiums DESCRIPTION OF PROPOSAL: The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton. The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. LOCATION OF PROPOSAL: LEAD AGENCY: Southeast corner of S 2nd Street and Morris Avenue S The City of Renton Department of Planning/Building/Public Works Development Planning Section Advisory Notes to Applicant: The fol/owing notes are supplemental information provided in conjunction with the environmental determination. Because these notes are provided as information only, they are not subject to the appeal process for environmental determinations. Planning 1. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Building 1. Maintain all occupancy separations per 2003 IBC. Fire Prevention 1. Two fire hydrants are required to serve this project, one within 150 feet and one within 300 feet of any proposed structure. 2. Existing and new hydrants will be required to be retrofitted with Storz "quick-disconnect" fittings. 3. (see "Water" below) Plan Review -Surface Water 1. There is no storm system in Morris Ave South. 2. This project is within in the CD zone. The Surface Water System Development Charges are based on a rate of $0.265 times the new impervious surface area of 7,484 square feet. Estimated fee is $1,983.26. Payment of this fee will be required prior to issuance of utility construction permit. 3. Roof drains shall be tightlined to the storm system. 4. A conceptual drainage report and narrative has been submitted. and reviewed. This project is exempt from detention and water quality per the 1990 KCSWM. ERC Advisory Notes Page 1 of3 5. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review -Water 1. There is an existing 12-inch water main in Morris Ave S, and a 12-inch water main in S. 2nd Street. Derated fire flow off the 12-inch is approximately 5,000 gpm. Static water pressure in the area is approximately 70 psi. The proposed project is located in the 196 Water Pressure Zone and is outside an Aquifer Protection Zone. See city water drawing W-21B1. 2. This project is within in the CD zone. Water System Development Charges are based on a rate $0.273 times the total square footage (7,920) of the site. Estimated fee is $2,162.16. Payment of this fee will be required prior to issuance of utility construction permit. 3. Preliminary fire flow required by the fire department is 2,250 gpm. Hydrants capable of delivering a minimum of 1,000 gpm are required for this new use. One hydrant is required for each 1,OOO-gpm-fire flow. One hydrant must be located within 150 feet of the structure. Two additional hydrants shall be located within 300 feet of the structure. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification in meeting the required distance. 4. Existing hydrants counted, as fire protection will require installation of a "storz" quick disconnect fitting if not already in place. 5. A fire sprinkler system is required by the fire department. A separate utility permit and separate plans will be required for the installation of all double detector check valve assemblies for fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". Interior or exterior installation of the DDCVA shall be in accordance with the City of Renton Standard Plans. 6. The building exceeds 30 feet in height. A backflow device will be required on the domestic water meter(s). A separate plumbing permit will be required Plan Review -Sanitary Sewer 1, There is an existing 6-inch sewer main in the alley and in Morris Ave South, See city sewer drawing S-1778. There is a 12-inch sewer main in S. 2nd Street. 2. This project is within in the CD zone. Sanitary Sewer System Development Charges are based on a rate $0.142 times the total square footage (7,920) of the site. Estimated fee is $1,124.64. Payment of this fee will be required prior to issuance of utility construction permit. 3. Any existing septic systems will be required to be abandoned in accordance with the Department of Health. 4. The underground parking garage will require floor drains and shall be connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. Plan Review -Street Improvements 1. There is sidewalk, curb, and gutter fronting the site in Morris Ave South and S. 2nd Street. 2. The sidewalks that appear on the plans may be drawn at the wrong scale or incorrectly depicted on the plans. It is recommended that the sidewalk on S 2nd St be widened to match the sidewalks to the west. 3, The applicant should coordinate with the Parks Department regarding tree cut-outs that need to be ADA compliant, street root pruning. and tree grates in sidewalks. ERG Advisory Notes Page 2 of 3 General 1. Separate permits and fees for side sewers, water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary public and/or private easements. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 4. 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. ERG AdviSOry Notes Page 3 of 3 CITY OF RENTON DETERMINATION OF NON-SIGNIFICANCE (MITIGATED) APPLICATION NO(S): LUA07-023, SA-A, CU-A, ECF APPLICANT: South 2cd Street, LLC -Murray A. Kahn, Manager PROJECT NAME: Chelsea Condominiums DESCRIPTION OF PROPOSAL: The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton, The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. LOCATION OF PROPOSAL: LEAD AGENCY: Southeast corner of S 2Cd Street and Morris Avenue S The City of Renton Department of Planning/Building/Public Works Development Planning Section The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). Conditions were imposed as mitigation measures by the Environmental Review Committee under their authority of Section 4-6-6 Renton Municipal Code. These conditions are necessary to mitigate environmental impacts identified during the environmental review process. Appeals of the environmental determination must be filed in writing on or before 5:00 PM on April 30, 2007, Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: SIGNATURES: April 14, 2007 April 9, 2007 if/q/01 . Date I r I. Da'd imiels, Fire Chie Fire 0 artment Date 4f~I"'" Date To: From: . M~~tiQJJ[)at~: 11I1\ft:· . Loeatior\! ENVIRONMENTAL REVIEW COMMITTEE MEETING NOTICE April 9,2007 Gregg Zimmerman, Planning/Building/Public Works Administrator Terry Higashiyama, Community Services Administrator I. David Daniels, Fire Chief Alex Pietsch, EDNSP Administrator Jennifer Henning, Development Planning Mond~y,,b.pi~iilo7 3:00PM ....... . Sixth Flool'~n:~llence Room #62'0 Agenda listed below. Chelsea Condominiums LUA07-023, SA-A, CU-H, ECF (Higgins! The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton. The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking. The property is in the Center Downtown Zone. A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone. Blakey Townhomes (Higgins! LUA07-028, SHPL-H, SA-H, ECF The applicant for the Blakey Townhomes project has requested environmental review, site plan review, and short plat subdivision for a 5 unit townhouse project. The property is 9,598 sf in size. The site plan review and short plat will be heard before the Hearing Examiner at a public hearing. The project is within the Resdential Multi-family - Traditional zone (RM-T). Aster Park Annexation Prezone (Conkling! LUA07-030, PZ, ECF The applicant, has requested Environmental Review for the proposed prezoning of this 19.85-acres annexation site to Renton R-4. Because annexations are SEPA exempt (RCW 43.21C.222) this environmental review is only for the rezone. The proposed rezone is consistent with Renton's Residential Low Density land use designation, as shown on the City's Comprehensive Plan Land Use Map. cc: K. Keolker, Mayor J. Covington, Chief Administrative Officer S. Dale Estey, EDNSP Director ® J. Gray, Fire Prevention N. Watts, P/B/PW Development Services Director ® F. Kaufman, Hearing Examiner L Rude, Fire Prevention ® J. Medzegian, Council P. Hahn, P/B/PW Transportation Systems Director R. Lind, Economic Development l. Warren, City Attorney ® REPORT & DECISION ERC MEETING DA TE: Project Name: Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: Existing building area: Site Area: RECOMMENDA nON: Project Location Map City ~. Renton Department of Planning / Building / Public Works ENVIRONMENTAL REVIEW COMMITTEE REPORT April 9, 2007 Chelsea Condominiums Murray A, Kahn, Manager; South 2'd Street LLC,; 2291 NE 60th St; Seattle WA 98115 Kent Smutny; TSA Architects; 10800 NE 8th St #300; Bellevue WA 98005 LUA07-023, SA-A, CU-A, ECF Elizabeth Higgins, Senior Planner The proponent of the project, Chelsea Condominiums, is requesting approvals of a SEPA Environmental Review, a Site Plan Review, and Conditional Use Permit for development of a 7,920 square foot (sf) vacant property located in Downtown Renton, The proposed project would result in 24 apartment-style residential units and ground floor commercial/retail with on-site, structured parking, The property is in the Center Downtown Zone, A Conditional Use Permit would be required to allow higher density than would otherwise be allowed in the zone, Southeast corner of S 2'd Street and Morris Avenue S N/A (vacant lot) Proposed new building area: 23, 496sf (residential 1,102 sf (commercial) 7,920 sf (0,18 acre) Total building area: 24,598 sf Staff recommends that the Environmental Review Committee issue a Determination of Non-Significance -Mitigated (DNS-M), I J • ERC REPORT Chelsea 07-023,doc City of Renton PIBIPW Department CHELSEA CONDOMINIUMS REPORT OF April 9, 2007 Env' lental Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF Page 201 B IlpART ONE: PROJECT DESCRIPTION/BACKGROUND The property proposed for development into Chelsea Condominiums is located in Downtown Renton, across from the Ikea Performing Arts Center at Renton High School (Exhibit 1). The 7,920 sf (0.18 A) lot is currently vacant. The property has a Comprehensive Plan land use designation as Urban Center -Downtown, which is implemented by Center Downtown zoning (Exhibit 2) Property abutting to the east has single-family houses, but may be redeveloped in the future. The site abuts an east-west alley on its south side (Exhibit 3). A 4-story, concrete apartment with underground parking is abutting the south edge of the alley. The project, consisting of 1,102 sf of ground floor commercial space with 24 residential units on the upper levels. Parking would be on 2 levels under the building in a basement and at the back of the building on the ground floor. All parking would be accessed from the alley. The required number of spaces would be 25, but 31 spaces are proposed. Approval of the 6 additional spaces would require a parking modification, which would be part of the site plan review. The project would have a residential density of 133 dwelling units per acre (dufa), which is above the density allowed by the development standards of the zone. The Center Downtown Zone (CD) has a maximum density, for lots of less than 1 acre in size, of 100 dufa. DenSity in the CD, can be increased up to 150 dufa with an Administrative Conditional Use Permit. Landscaping has been proposed along Morris Avenue S. II PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A, Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINA TION OF DETERMINA TION OF NON-SIGNIFICANCE NON -SIGNIFICANCE -MITIGA TED. Issue DNS with 14-day Appeal Period. B. Mitigation Measures X Issue DNS-M with 14-day Comment and A eal Period. 1. The applicant shall be required to comply with the recommendations included in the geotechnical report, "Report of Geotechnical Investigations, Proposed Apartment Buildings, Renton Washington," dated June 9, 2005, was prepared by Soil & Environmental Engineers, Inc. 2. The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. 3. Should evidence of a historic site be found during site development, work shall be stopped and the applicant required to submit an archaeological resource survey of the site. This survey shall conform to the requirements and standards of the Washington State Office of Archaeology and ERC REPORT Chelsea 07-023.doc Env' 7entaf Review Committee Staff Report ECF April g, 2007 Page 3 of 8 Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist. Work shall recommence when approval is received from the Office of Archaeology and Historic Preservation. \ 4. A Transportation Mitigation Fee shall be assessed, estimated to be $10,650.00, and shall be paid prior to obtaining building permits. 5, The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi-family unit and $0,52 per net square foot of commercial space. Fire Mitigation Fees, estimated to be $9,885.08 shall be assessed prior to obtaining building permits, 6. The applicant shall pay the appropriate Parks Mitigation Fee based on $354,51 per new multi- family unit prior to obtaining building permits. C. Environmental Impacts The Proposal was circulated and reviewed by various City Deparlments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The site is almost flat, with less than 1 percent slope across the site. There are no impervious surfaces, but also very little existing vegetation. The surface is grass and crushed rock. There are no trees on the property, Grading would consist of the excavation and removal from the site of approximately 3,000 cy of material to accommodate the underground parking garage, Following development approximately 97 percent of the site would be covered with impervious surfaces, A geotechnical study, "Report of Geotechnical Investigations, Proposed Apartment Buildings, Renton Washington," dated June 9, 2005, was prepared by Soil & Environmental Engineers, Inc. Conclusions in their report are based on a subsurface investigation consisting of two 39-foot borings on the property and documentation related to geology of the vicinity. The investigation encountered about 3 feet of fill, consisting of loose, silty sand over alluvial soils, The upper 10 feet (approximately) of the alluvial layer is a soft and compressible silt layer. The compressible silt is underlain by very loose sand and gravel in the upper 7 feet, becoming medium dense to dense below 20 feet. Dense sand was encountered at 39 feet. The report concludes that the proposed project would be feasible from a geotechnical standpoint, but should be constructed with shallow spread footings and augured pile foundations. The project proponent should fOllow the recommendations presented in the geotechnical study for building and pavement design and construction. Mitigation Measures: The applicant shall be required to comply with the recommendations included in the geotechnical report, "Report of Geotechnical Investigations, Proposed Apartment Buildings, Renton WaShington," dated June 9, 2005, was prepared by Soil & Environmental Engineers, Inc. Nexus: RMC 4-4-060, "Grading, Excavation and Mining Regulations ERC REPORT Chelsea 07·023.doc City of Renton PIB/PW Department CHELSEA CONDOMINIUMS REPORT OF Aprll9. 2007 2. Air Env' nental Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF Page 40f8 Impacts: It is anticipated that some adverse air quality impacts would be associated with site work and building construction required to redevelop this property. Project impacts during construction include dust resulting from grading, exhaust from construction vehicles, odors from roofing installation, and roadway paving. Dust would be controlled through the use of temporary control measures and the sprinkling of the site with water as needed. Odor impacts during construction are unavoidable and would be short-term in nature. Post development impacts potentially include vehicle and heating system exhaust. These emissions are regulated by state and federal agencies. Nor further site specific mitigation for the identified impacts from exhaust is required. Mitigation Measures: None required Nexus: Not applicable 3. Stormwater Impacts: The geotechnical report (see above) indicates that shallow groundwater, at a depth of about 13 was encountered on the property. This level would probably fluctuate dependent upon season and amount of precipitation. The applicant submitted a "Storm Drainage Report, 2nd and Morris Building, Renton WaShington," by Site Development Associates, LLC, dated February 19, 2007. This report analyzes off-site drainage and project site surface water collection and distribution. Based on the report submitted, the project would be exempt from detention and water quality per the 1990 King County Surface Water Design Manual. The applicant will be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. Mitigation Measures: The applicant shall be required to provide a Temporary Erosion and Sedimentation Control Plan (TESCP) designed pursuant to the Department of Ecology's Erosion and Sediment Control Requirements outlined in Volume II of the most recent Department of Ecology Stormwater Management Manual. This condition shall be subject to the review and approval of the Development Services Division prior to the issuance of building permits. Nexus: SEPA Regulations 4. Historic and Cultural Preservation Impacts: The is a high likelihood that archaeological artifacts or a historic site could be encountered during project construction. This is due to the site's proximity to former archaeological discoveries, most recently at the Renton High School. Should evidence of a historic site be found during site development, work shall be stopped and the applicant required to submit an archaeological resource survey of the site. This survey shall conform to the requirements and standards of the Washington State Office of Archaeology and ERC REPORT Chelsea 07-023.doc City of Renton PIB/PW Department CHELSEA CONDOMINIUMS Env' 1ental Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF REPORT OF April 9. 2007 Page 50t8 Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist. Work can not recommence until approval is received from the Office of Archaeology and Historic Preservation. Mitigation Measures: Should evidence of a historic site be found during site development, work shall be stopped and the applicant required to submit an archaeological resource survey of the site. This survey shall conform to the requirements and standards of the Washington State Office of Archaeology and Historic Preservation and must be conducted under the on-site supervision of a state-approved archaeologist. Work shall recommence when approval is received from the Office of Archaeology and Historic Preservation. Nexus: SEPA, Transportation Mitigation Fee Ordinance No. 3100. 5. Streets and Transportation Impacts: The proposed parking garage would be accessed from an east to west aligned alley located parallel to and between S 2"d Street and S 3rd Street. The alley opens to Morris Ave S on the west and to Smithers Ave S on the east end. A second alley, aligned north to south between Morris and Smithers intersects with the east/west alley at a distance equal to one lot depth from S 2"d Street. A traffic control plan, approved by the City, would be required for any construction impacting the City's right-of-way. The project proponent would be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. A traffic study, "Second Street & Morris Project Traffic Impact Analysis," by JTE, Inc, dated February 20,2007, was submitted with the land use application. Based on this study, the estimated fee for transportation impacts to the City of Renton transportation system would be $10,650.00. Payment of this fee would be a requirement of environmental review. Mitigation Measures: A Transportation Mitigation Fee shall be assessed, estimated to be $10,650.00, and shall be paid prior to obtaining building permits. Nexus: SEPA, Transportation Mitigation Fee Ordinance No. 3100. 6_ Fire Protection Impacts: Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development; subject to the condition that the applicant provides required improvements and fees. As the proposal would add 24 new residences and commercial space to the City, staff recommends that the applicant be required to pay a Fire Mitigation Fee in the amount of $388.00 per new multi-family residence and $0.52 per sf for the commercial space. The total fee is estimated to be $9,885.08. Mitigation Measures: The applicant shall pay the appropriate Fire Mitigation Fee based on a rate of $388.00 per new multi-family unit and $0.52 per net square foot of commercial space. Fire Mitigation Fees, estimated to be $9,885.08 shall be assessed prior to obtaining building permits. All residential units within the project shall be equipped with automatic fire suppression systems (sprinklers). ERC REPORT Chelsea 07-023.doc City of Renton PIB/PW Department CHELSEA CONDOMINIUMS Env' lental Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF REPORT OF April 9, 2007 Page 6018 Nexus: SEPA Environmental Regulations; Fire Mitigation Fee Resolution No, 2913, Ordinance 4527. 6. Parks & Recreation Impacts: The proposed development is anticipated to generate future demand on existing and future City parks, recreational facilities, and programs. Therefore, staff recommends that the applicant be required to pay a Parks Mitigation Fee based on $354.51 per each new multi-family unit. The fee is estimated at $8,508.24 (24 new units x $354.51= $8,508.24). Mitigation Measures: The applicant shall pay the appropriate Parks Mitigation Fee based on $354.51 per new multi-family unit prior to obtaining building permits. Nexus: SEPA Environmental Regulations; Parks Mitigation Fee Resolution No. 3082, Ordinance 4527. 7. Vegetation & Wildlife Impacts: The site is vacant, has only grass and crushed rock, and provides little opportunity for urban wildlife. Mitigation Measures: None Nexus: N/A D. Comments of Reviewing Departments The proposal has been circulated to City Departmental I Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures andlor Notes to Applicant. on or .....K.. Copies of all Review Comments are contained in the Official File. __ Copies of all Review Comments are attached to this report. ~~~~~~~ Appeals of the environmental determination must be filed In April 30, 2007. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110.B. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. ADVISORY NOTES TO APPLICANT 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. RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. 2. Construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday_ Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. Building 1. Maintain all occupancy separations per 2003 IBC. ERC REPORT Chelsea 07-023.doc City of Renton PIBIPW Department CHELSEA CONDOMINIUMS Env' oental Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF REPORT OF April 9, 2007 Page 70f8 Fire Prevention 1. Two fire hydrants are required to serve this project, one within 150 feet and one within 300 feet of any proposed structure. 2. Existing and new hydrants will be required to be retrofitted with Storz "quick-disconnect" fittings. 3. (see 'Water" below) Plan Review -Surface Water 1. There is no storm system in Morris Ave South. 2. This project is within in the CD zone. The Surface Water System Development Charges are based on a rate of $0.265 times the new impervious surface area of 7,484 square feet. Estimated fee is $1,983.26. Payment of this fee will be required prior to issuance of utility construction permit. 3. Roof drains shall be tightlined to the storm system. 4. A conceptual drainage report and narrative has been submitted. and reviewed. This project is exempt from detention and water quality per the 1990 KCSWM. 5. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review -Water 1. There is an existing 12-inch water main in Morris Ave S. and a 12-inch water main in S. 2"d Street. Derated fire flow off the 12-inch is approximately 5,000 gpm. Static water pressure in the area is approximately 70 psi. The proposed project is located in the 196 Water Pressure Zone and is outside an Aquifer Protection Zone. See city water drawing W-2181. 2. This project is within in the CD zone. Water System Development Charges are based on a rate $0.273 times the total square footage (7,920) of the site. Estimated fee is $2,162.16. Payment of this fee will be required prior to issuance of utility construction permit. 3. Preliminary fire ftow required by the fire department is 2,250 gpm. Hydrants capable of delivering a minimum of 1,000 gpm are required for this new use. One hydrant is required for each 1,OOO-gpm-fire flow. One hydrant must be located within 150 feet of the structure. Two additional hydrants shall be located within 300 feet of the structure. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification in meeting the required distance. 4. Existing hydrants counted, as fire protection will require installation of a "storz" quick disconnect fitting if not already in place. 5. A fire sprinkler system is required by the fire department. A separate utility permit and separate plans will be required for the installation of all double detector check valve assemblies for fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved Lisf' of Backftow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". Interior or exterior installation of the DDCVA shall be in accordance with the City of Renton Standard Plans. 6. The building exceeds 30 feet in height. A backflow device will be required on the domestic water meter(s). A separate plumbing permit will be required Plan Review -Sanitary Sewer 1. There is an existing 6-inch sewer main in the alley and in Morris Ave South. See city sewer drawing S-1778. There is a 12-inch sewer main in S. 2nd Street. 2. This project is within in the CD zone. Sanitary Sewer System Development Charges are based on a rate $0.142 times the total square footage (7,920) of the site. Estimated fee is $1,124.64. Payment of this fee will be required prior to issuance of utility construction permit. 3. Any existing septic systems will be required to be abandoned in accordance with the Department of Health. 4. The underground parking garage will require floor drains and shall be connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. Plan Review -Street Improvements 1. There is sidewalk, curb, and gutter fronting the site in Morris Ave South and S. 2"d Street. 2. The sidewalks that appear on the plans may be drawn at the wrong scale or incorrectly depicted on the plans. It is recommended that the sidewalk on S 2nd St be widened to match the sidewalks to the west. ERC REPORT Chelsea 07-023.doc City of Renton PIBIPW Department CHELSEA CONDOMINIUMS Env' nentaf Review Committee Staff Report LUA07-023, SA-A, CU-A, ECF REPORT OF Aprif 9. 2007 Page 8 of 8 3. The applicant should coordinate with the Parks Department regarding tree cut-outs that need to be ADA compliant. street root pruning, and tree grates in sidewalks. General 1. Separate permits and fees for side sewers. water meters, and storm drainage connections are required. 2. Applicant shall be responsible for securing all necessary public and/or private easements. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 4. 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. ERC REPORT Chelsea 07-023.doc , 1I .::: t .. :::. , . , . L J L E3 • 7 T23N RSE E 112 ~ ZONING o = TBCHNlCAL SERVIC18 18 T23N R5E E 112 5318 Z"NING MAP BOC\!{ 26 T24N R4E 25 T24t{.~4E. 7 '·1301 [J? eai.:1 J / ,,(~9 '" ..... ~e2:~'-, .,.....,..~ . E4~· ,J:5'" __ ~ \ fi:~~'~4'f"J·" ' i"-;",?'SI23NR5E' 10T23NR5J;\ 326· ,,'3io 810 ~ 8111 .. ·;ff6C •• ~.'·'· 334 \3.35 <31 "G2. G 3 T23N A4~-"-.24; I R4E < l T23N R4E' 22N R4E 6Q? J2 l=NR4E 6 T22N R5E RESIDENTIAL ~ ReloW'Ce CODllervation ~ Residential 1 dulac ~ Re8id.enUal 4-dulac ~ Residential 8 dulac ~ Residential Manufactured Homes ~ Residential 10 dulac I IH41 Residential 14 dujac I 11tH I Relri.dential Hulti-Family 15.. '. 16 .. ~ '17' 33 T23N A!i: '" ,,,'\ :34~23N R5E ST2eNR5E MIXED USE CENTER [E!J Center VW.,e IUC-Nli UrbllD Center -North 1 IUC:~N21 Urban Center -North :2 ~ Center D01mlolnl+ ~ CoPUllerclal/Office/Re,ldential CQVMEOO41 35 T23N R5E 833 J7 2T22N R5E TNDIJSTRU.L W Indu.trial -Heavy ~ IndWltrial -Medium ~ IndWlulal -lJ,bt (P) Publicly OlrIled ____ Renlon CIty Limiu _._ Adjaeent City Jjmiu _ Book Pa,e. Boundary 36 ,6 1'2 II1M-T I Residential Multi-Family Traditional IRM-U I Relidtmtial Ilulti-Family Urban Cenur* ~ Commercial Arterial- ~ Commercial Office· o Commercial Nei&hborhood. ,ROll. PAGE Printed by Print & Mail Services, City of Renton _ May include Overlay DiBtrlcts. See .lppend.1x maps. For additional re(UlatiolU In Overlay Distrlcta, please see RIlle 4-:;1. PAGE# INDEX r r o ~.~~ITY MAP L L L ~2 0 x ... a _ SECOND STREET _w-_'7-'2' SEv.t:R W w _"'-[£XisT~Il_ _I ~ rEXIST • -, CdRir CUftB _. . __ I • rEiR~...... /"lIT j . \ . I<I!I'I 61P1!I'I..w< ~ ~t]l ~r'J \.,o,RE HYDRANT • ~ II~ "lJl PFtOP01ED 6L.DG. 30'ffij ~ 30' .~ .. ~.. 1 AREA _ ,906 S.F. 2 Il~ J ~ ~. ~ -.3lL49 Ab.. ~ ~jl ~~ I~l ,. 0<00 VAUlY'-·· rw-I J1 ~ORY ~ BUILDING VAUlT 4-STORY CONCRETE APARlMENT 'MTH UNDERGROUND PARKING 0~~:PI..AN " [iJ ,""1111 .. lill i ! " III CI> .!!l. CI> ~ 0 CI> ~ l- • ~ • • = , • I : I • !~~1 T .. ~ ! ~ ~ f!! ,I i~ I~ ~ A1,1 J _. " j ~~ i >-~ ~ 6i>l i 1lV~ ~l Iw.!I." • )U.I I FOUND CONCRETE MONUMENT WITH LEAD/TACK WN 2.0' IN CASE 00 N8S"32'1B"W COil,RE''c, 11112" ASH '''w 87.94' ___ ~ ,,' "HN~~·E..2.8T --__ --__ ~ I .1 4041 1-4'28 ~ 39.60 II . I , .0 I .'0 -~ !!l I:, z ~ , 30' ~ ~ 30 C :g~ 39.49 ., ~l-II ~I03:. DEC ,,~ I~ I CABLE Z VAULT POWER I ~VAUL T ~Ju_ 12" WATERI'~ 41. 94 ;- HYORAN r ~~IRE I~ I I AREA r.906 SF TELEPHONE VAULT NB8'32'23'.'W· ASPHAL T 40.62 ~ 2 ~ 4-STORY CONCRETE APARTMENT 'MTH UNDERGROUND PARKING ~ I "0 ,0 I iii • I~ .'~ 'P I~ ~ 2-STORY WOOD BUILDING -"----\n.a :;;: J 16' ALLEY 1-----· -I--l ~I I I ~ ~ i 8 S! ~ ~ t i " ~ !ill ~i ! *1 j m~ll ~., i ~5! 4 l- i ~I ;:) I 1!: III ~ JEI:J- a: ~ c ~ c , " " Z 1"_10' "' . , .. <II ... --"""'---~I::'~ -. - I I I I I I I I I I I I I I I I I I I j 1._,""",""","' __ -"'" • • r----- I I I I NOl.N:HH ~ .iO A.LIJ ur. eNlO1I1l8 SlllllOV. aNY ON;: • , .Ii I r ;~ ____ •• ___ " ----- ". Seattle Public Utilities Chuck Clarke, Director March 21, 2007 City of Renton Planning/Building/Public Works Department Development Services Division Sixth Floor Renton City Hall 1055 South Grady Way Renton WA 98055 RE: Notice of Application and Proposed Determination of Non- Significance-Mitigated 513 S 2 nd St LUA07-023, SA-A, ECF Dear Sir or Madaml: Thank you for sending Seattle Public Utilities a copy of your Notice of Application and Determination of Non-Significance-Mitigated for this project. This letter is to provide notice that Seattle Public Utilities operates a 66" inch water transmission pipeline within S 2nd Street in the vicinity of this project. This pipeline is one of our main water transmission lines which supplies water communities in Seattle and in various communities in King County. I have enclosed a copy of our map book sheet showing the approximate location of the 66" pipeline. If there is excavation, construction or operation of heavy equipment performed in the area of our pipe, "Consenf' or "Permif' needs to be obtained from Seattle Public Utilities. Also, Seattle Public Utilities should be included in the pre-construction process, plan review and the actual construction if the pipeline area is affected. Information needed by SPU • Three copies of scalable Plan, Section and Profile drawings that show the planned improvements in proximity to our pipe. These plans will be reviewed for comment by SPU Operations staff & engineers. • The planned start and finish dates. Seattle Municipal Tower, 700 Fifth Avenue. Suite 4900. PO Box 34018 Seattle, WA 98104 Tel: (206) 684-5851, TTY IIDD: (206) 233-7241, F,x: (206) 684-4631. Internet Address: http://www.seattle.gov/utilf An equal employment opportunity, affirmative action employer, Accommodations for people with disabilities provided upon request. Information you may need • Record plans of our facilities can be obtained from the City of Seattle Vault which is located at the 47th floor of the Seattle Municipal Tower, 700 5th Ave., Suite 4700, Seattle, 98124. The phone number there is 206-684-5132. • Any work in close proximity to our pipeline (including locating by potholing) must be supervised by SPU. Call SPU's Lake Youngs Headquarters at 206-684-3933 at least 48 hours in advance. • Pipe protection may be necessary if heavy equipment crosses the pipe. Typical temporary bridging would be timbers and steel plate. If anyone connected with this project should need additional information please contact me at 206-684-5969 or e-mail bob.gambill@seattle.gov. Sincerely, ~1..~J,.:l( Bob Gambill Sr. Real Property Agent Enclosure: Map book page 327 showing approximate location of the S 2nd Street Supply Line Seattle Municipal Tower) 700 Fifth Avenue. Suite 4900, PO Box 34018 Seattle, WA 98104 Tel: (206) 684·5851, TIY rmD: (206) 233-7241, Fax: (206) 684-4631. Internet AddTCSS: http://www.seattle.gov/utiV An equal employment opportunity. affirmative action employer, Accommodations for people with disabilities provided upon request. .... § 'tOBIN $1 . '''T'''''':-' ·····T·"f·····':"" "":"W'" :~ :; \ ".~c ... ,~, •... : ..• __ .. ~. ?l,,-{fi)J\l lA/', lJ~ GlS}23.:1·-·~.2S69 30' Pl R/W .. MH PL 12 48'S oF' WM RENTON HIGH SCHOOL RELINED VP "777-29. 12'V" 11"CKV PLIl 36'S EM , .......... ,,<:,; .............. ; ; ................ -: ;f{.l") i ~;"" ........... , I ...... /\·.;{. 1 j ;-: ;' t;; ;;' ............ ·Fo ...... ~, ;l Z ; .......... .. ,; ............... ; .......................... ti ~ ;· ............. I! :', , ;, ............... , ,;;.1····""",,· ...... 1. I .. ····""" .. i "" DATE: TO: FROM: SUBJECT: CITY OF RENTON MEMORANDUM March 24, 2007 Elizabeth Higgins Jan Illian x 7216 CHELSEA CONDOMINIUMS 513 -South 2"d Street LUA 07-023 F3 I have reviewed the application for the Chelsea Condominiums to be located 513 -South 2"d Street and have the following comments: EXISTING CONDITIONS WATER SEWER STORM STREET There is an existing 12-inch water main in Morris Ave S. and a 12-inch water main in S. 2nd Street. Derated fire flow off the 12-inch is approximately 5,000 gpm. Static water pressure in the area is approximately 70 psi. The proposed project is located in the 196 Water Pressure Zone and is outside an Aquifer Protection Zone. See city water drawing W-2181. There is an existing 6-inch sewer main in the alley and in Morris Ave South. See city sewer drawing S-I778. There is a 12-inch sewer main in S. 2nd Street. There is no storm system in Morris Ave South. There is sidewalk, curb, and gutter fronting the site in Morris Ave South and S. 2nd Street. CODE REOUIREMENTS WATER 1. This project is within in the CD zone. Water System Development Charges are based on a rate $0.273 times the total square footage (7,920) of the site. Estimated fee is $2,162.16. Payment of this fee will be required prior to issuance of utility construction permit. 2. Preliminary fire flow required by the fire department is 2,250 gpm. Hydrants capable of delivering a minimum of 1,000 gpm are required for this new use. One hydrant is required for each 1,000-gpm-fire flow. One hydrant must be located within 150 feet of the structure. Two additional hydrants shall be located within 300 feet of the structure. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification in meeting the required distance. 3. Existing hydrants counted, as fire protection will require installation of a "storz" quick disconnect fitting if not already in place. 4. A fire sprinkler system is required by the fire department. A separate utility permit and separate plans will be required for the installation of all double detector check valve assemblies for fire sprinkler systems. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Location of device shall be shown on the civil plans and shall show note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be required". Interior or exterior installation of the DDCVA shall be in accordance with the City of Renton Standard Plans. 5. The building exceeds 30 feet in height. A backflow device will be required on the domestic water meter(s). A separate plumbing permit will be required Chelsea Condominiums Page 2 of2 March 24, 2007 SANITARY SEWER 1. This project is within in the CD zone. Sanitary Sewer System Development Charges are based on a rate $0.142 times the total square footage (7,920) of the site. Estimated fee is $1,124.64. Payment of this fee will be required prior to issuance of utility construction permit. 2. Any existing septic systems will be required to be abandoned in accordance with the Department of Health. 3. The underground parking garage will require floor drains and shall be connected to the sanitary sewer. Flows shall be directed through floor drains that are installed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum 15-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 gallons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. SURFACE WATER I. This project is within in the CD zone. The Surface Water System Development Charges are based on a rate of $0.265 times the new impervious surface area of 7,484 square feet. Estimated fee is $1,983.26. Payment of this fee will be required prior to issuance of utility construction permit. 2. Roof drains shall be tightlined to the storm system. 3. A conceptual drainage report and narrative has been submitted. and reviewed. This project is exempt from detention and water quality per the 1990 KCSWM. 4. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. TRANSPORTATION 1. Applicant will be required to comply with the City of Renton's Trench Restoration and Street Overlay Requirements. 2. A traffic control plan, approved by the. City will be required for any construction impacting the City's right of way. MISCELLANEOUS 1. Separate permits and fees for side sewers, water meters, and storm drainage connections are required. 2 Applicant shall be responsible for securing all necessary public and/or private easements. 3. Proposed new rockeries or retaining walls to be constructed that are greater than four feet in height will be require a separate building permit for structural review. A geotechnical report is required with the submittal. 4. 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. RECOMMENDED CONDITIONS 1. Traffic mitigation fees are based on a rate of on 5.86 trips x $75 x 5 new lots. Total fees are $1,479.75. This is payable prior to issuance of the building permit. 2. Staff recommends a condition to require this project to design and comply with Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the current edition of the Stormwater Management Manual. cc: Kayren Kittrick Cit, _. Renton Department of Planning / Building /! ' Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ykxn 'gt'"Vit'M COMMENTS DUE: MARCH 26, 2007 APPLICATION NO: LUA07-023, SA-A, CU-A DATE CIRCULATED: MARCH 12, 2007 APPLICANT: South 2"' Street LLC PROJECT MANAGER: Elizabeth Hiaains ::: < R ECE:" PROJECT TITLE: Chelsea Condominiums PLAN REVIEW: Jan lilian UAD ; •• ... ~.. , ,.,' SITE AREA: 7,920 sauare feet BUILDING AREA (aross): 23,496 SQuare feet LOCATION: 513 S 2"' Street I WORK ORDER NO: 77730 BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23.496 sf, 4 to 5 story building, Density is proposed at 133 units per net acre which requires an administrative conditional use penmi!. Several parking code modifications are proposed and a right-of-way use penmit has been submitted to allow bay windows to encroach into public right of way. An environmental review, site plan review (administrative), conditional use penmit review (administrative), and parking modifications will be required. 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 InformaUon Impacts Impacts Necessary Earth Air Water Plants ~ LandlShorefine Use Utilities Animals Environmental Health Energy/ Natural Resources ';;;'000'" ., ,;"-00(, F~-" B. POLICY-RELA TED COMMENTS C. CODE-RELA TED 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 Project Name: Project Address: Contact Person: Permit Number: Project Description: Land Use Type: .E'Residential ...l ~Retail yY\\'I.""I VI.-L o Non-retail Calculation: I L\ 1. At::, "\ i# '-------- Method of Calculation: o ITE Trip Generation Manual, 7th Edition !21-Traffic Study o Other 1 q L 'I ~ 7S. <>-0;;.. $ 10) LP C:£. cv Transportation Mitigation Fee: Calculated by: .H cJ"i.> 'jj, 10. \050, --,bu..:' .'-'-t=~=ut=l;'_, ________ Date: 37t\e101J1!t -r I Date of Payment: ____________________________________________________ __ Cit, Renton Department of Planning / Building / I . Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: II"UI COMMENTS DUE: MARCH 26 2007 • APPLICATION NO: LUA07-023, SA-A, CU-A ... ~T,:.o~R~~~O';:n DATE CIRCULATED: MARCH 12,2007 ,0::: r .. I U .. PROJECT MANAGER: Elizabeth Hiaains MAK I .:IlOO7 APPLICANT: Soulh 2"' Slreet, LLC PROJECT TITLE: Chelsea Condominiums PLAN REVIEW: Jan lilian SITE AREA: 7,920 square feet BUILDING AREA (oross): 23.496 square fEltllllDING DIVISION LOCATION: 513 S 2"' Street I WORK ORDER NO: 77730 SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 units per net acre which requires an administrative conditional use penni!. Several parking code modifications are proposed and a right-of-way use penn it has been submitted to allow bay windows to encroach into public right of way. An environmental review, site plan review (administrative), conditional use pennit review (administrative), and parking modifications will be required. 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 Hou,,;ng Alf Water Plants LandlShorefine Use Animals ~ Environmental Health Public Services Energy/ Natural Resources A~; ;~'~n "" B. POLICY-RELA TED COMMENTS C. CODE-RELA TED 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 inform is needed to properly assess this proposal. Date P ERTY SERVICES FEE REVIEW #200' , I'\J DEVELOPMENT APPLICATION REVIEW SHEET ENVIRONMENTAL CHECKLIST REVIEW SHEET JiL APPLICANT: I\flcl[li'iv lC,lcL>ml1ll';11S,/ '\(;( t JOB ADDRESS: ':J 13 r;~' !1"'-:;t; . ' .. '\ ndYl 0 NATURE OF WORK: i.t.,il<;'\Yvcilcf) (/-.q ,1:'''1 rnl!((h(~( o o PLAN REVIEW ROUTING SLIP O;:;EIVED FROM,,i{t1\. / cl-t-- WOK ' (date) \,t~, GREEN K _____ _ o SPECIAL ASSESSMENTS AND CONNECTION 'FEES APPLIEn NEED MORE INFORMATION: o o o LEGAL DESCRIPTION VICINITY MAP OTHER ~ SPECIAL ASSESSMENTS AND CONNECTION FEES ESTIMATED o SQUARE FOOTAGE o NOT APPROVED FOR APPLICATION OF FEES o FRONT FOOTAGE o VESTED 0 NOT VESTED o This ree review supersedes and cancels fee review # ___ ----,-dated -----,r;----;===;;-, "'1 t) J 1" '"'\ '{, --"", 0 PARENT PID# (subject to change) __ SUBJECT PROPERTY PID# "1 L"t I t{I-__ I,c _~ __ :, :/ 0 King Co. Tax Acct# (new) _________ _ , ~,,, Triggering mechanisms for the SDC rees will be based on current City ordinances and determined by the applicable Utility Section. Final fees will be based on rates in effect at time of Building PennitlConstruction Permil application. The following quoted fees do NOT include inspection fees. side sewer pennits. rfw permit fees or the cost of water meters. SPECIAL ASSESSMENT DISTRICT PARCEL NO. All other $O.265/sq ft of new impervious area of property x /;\L\\ .11U CUlWAd t Signature of Reviewing Authority 'oJ/'j j I~,-Cili 1-0 DATE METIIODOF ASSESSMENT UNITS SDCFEE * If subject property is within an LID, it is developer's responsibility (0 check with the Finance Dept. for paid/un-paid status. ** [f an additional water meter (or hydrant) is being i~stalled for fire protection or an additional water meter is being installed for private landscape irrigation, please advise as above fees may change. EFFECTIVE: J aDuary 2, 2007 '" '" • 0 • 0 " -.l " • < e· m • , 0 City 'enton Department of Planning / Building / P Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: p(hoe,f"~ Soles APPLICATION NO: LUA07-023, SA-A, CU-A APPLICANT: South 20d Street, LLC PROJECT TITLE: Chelsea Condominiums SITE AREA: 7,920 square feet LOCATION: 513 S 2"' Street COMMENTS DUE: MARCH 26, 2007 DATE CIRCULATED: MARCH 12,2007 PROJECT MANAGER: Elizabeth Higgins PLAN REVIEW: Jan lilian BUILDING AREA (gross): 23,496 square feet I WORK ORDER NO: 77730 ..;r.tVED IVI/-If\ • oj LUU/ CITY OF RENTON I Ill! ITY SYSTEMS SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 units per net acre which requires an administrative condmonal use permit. Several parking code modifications are proposed and a right-ol-way use permit has been submitted to allow bay windows to encroach into public right 01 way. An environmental review, site plan review (administrative), conditional use permit review (administrative), and parking modifications will be required. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable Environment Minor Major Impacts Impacts Ea"" Ak Water Plants LandiShore/in9 Use Animals Environmental Health Energy/ Natural Resources B. POLICY-RELATED COMMENTS C. CODrELATED COMMENTS \ I r\ ; ,·i \) \ Qi r '--X.., ".' ;' l ' / i More Information Necessary "\,,,r-p ,," : "-\, Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary ~ & A=~;~ 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 addWonal information is needed to properly assess this proposal. Signature of Director or Authorized Representative Date A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Sheet A 1.1 -Appears that the scale may be incorrect at 1 "=20', or the sidewalk widths have been shown incorrectly as the sidewalk width on Morris Avenue is 10' wide (not 20' as drawn) and the sidewalk width on Second Ave at this location is 6' wide (not 10 feet as drawn). Recommend widening the sidewalk on Second Avenue at this location to match the width on Second Avenue to the west which is 8' wide to better accommodate and promote street landscaping and facilitate pedestrian connectivity. Current tree cutouts within the 6' walk do not facilitate ADA accessibility and streetscape. Coordinate with Parks regarding tree root pruning and new cutouUtree grate treatment. "It is anticipated that the proposed development would generate future residents that would utilize existing City park and recreation facilities and programs. The City has adopted a Parks Mitigation Fee of $354.51 per each new multi family unit to address these potential impacts." Parks Mitigation Fee2 Cit Renton Department of Planning / Building / I ~ c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIE?;' SHEET REVIEWING DEPARTMENT: Pa.Yk.s COMMENTS DUE: MARCH 26, 2007 ~g 2: ~ APPLICATION NO: LUA07-023, SA-A, CU-A DATE CIRCULATED: MARCH 12,2007 ~~ $; (') APPLICANT: South 2"' Street, LLC PROJECT MANAGER: Elizabeth Hieeins ~! I-' !..!.! .... PROJECT TITLE: Chelsea Condominiums PLAN REVIEW: Jan lilian ~~ ,..., m = BUILDING AREA (Qross): 23,496 sauare feet ~a -.J 0 SITE AREA: 7,920 square feet LOCATION: 513 S 2"' Street I WORK ORDER NO: 77730 M' t;/J SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 units per net acre which requires an administrative conditional use permit. Several parking code modifications are proposed and a right-of-way use permit has been submitted to allow bay windows to encroach into public right of way. An environmental review, site plan review (administrative), conditional use permit review (administrative), and parking modifications will be required. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element 01 the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earlh Hous;ng A;, ~ ~ ~. I Hee"h PubHe SeMees :~;, ';;:-,;; ;~';"" ~;o. B. POLICY-RELA TED COMMENTS C. CODE·RELA TED COMMENTS ~ wu. /U)~/I:s h d?t;tJ/ 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 ded to properly assess this proposal. Signature of Director or Authorized Representative DATE: TO: FROM: SUBJECT: MITIGATION ITEMS: FIRE DEPARTMENT MEMORANDUM March 13, 2007 Elizabeth Higgins, Senior Planner ~' ()# James Gray, Assistant Fire Marshal ~ , Chelsea Condominiums, 513 S. 2 nd t I. A fire mitigation fee of$9,885.08 is required based on $388.00 per unit and $.52 a square foot for the commercial square footage. FIRE CODE REQUIREMENTS: I. The preliminary fire flow is 2250 GPM, one hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet ofthe structure. 2. Separate plans and permits are required for the installation of sprinkler, standpipe and fire alarm systems. 3. A site plan for pre-fire planning is required to be submitted for your project. This shall be submitted prior to occupancy, in one of the attached formats. Please feel free to contact me if you have any questions. i:\chelseacondoerc.doc I PRE-FIRE PLANNING I RENTON FIRE DEPARTMENT In an effort to streamline our pre-fire process, we are requesting that you submit a site plan of your construction project in one of the following formats which we can then convert to VISIO.vsd. This is required to be submitted prior to occupancy. ABC Flowcharter.af3 ABC Flowcharter.af2 Adobe Illustrator File.ai AutoCad Drawing.dwg AutoCad Drawing.dgn Computer Graphics Metafile.cgm Corel Clipart Format.cmx Corel DRAW! Drawing File Format.edr Corel Flow.cll Encapsulated Postscript File.eps Enhanced Metafile.emf IGES Drawing File Format.igs Graphics Interchange Format.gif Macintosh PICT Format.pct Micrografx Designer Ver 3.l.drw Micrografx Designer Ver 6.0.dsf Microstation Drawing.dgn Portable Network Graphics Format.pnf Postscript File.ps Tag Image File Format.tif Texttxt Text.csv VISIO.vsd Windows Bitmap.bmp Windows Bitmap.dib Windows Metafile.wmf Zsoft PC Paintbrush Bitmap.pcx CIt. Renton Department of Planning / Building / i , Works EN VI RON M EN TA L & DE VEL 0 PM E NT A PPL I CA THf!LB.EYLEW:<: u t= t=T, I REVIEWING DEPARTMENT: h't'£'_ COMMENTS DUE: MARtH ~,.;, 'n;"l.~l'c, u .• , " APPLICATION NO: LUA07-023, SA-A, CU-A DATE CIRCULATED: MARCH l'2i 2007. " i • APPLICANT: South 2" Street, LLC PROJECT MANAGER: Elizilbe~ HigJi,~1\ " ~UUI I, c. PROJECT TITLE: Chelsea Condominiums PLAN REVIEW: Jan lilian I L __ . . __ .: ... ..-J SITE AREA: 7,920 square feet BUILDING AREA (gross): 2~,496 sQua/ereet' .. : . LOCATION: 513 S 2'· Street I WORK ORDER NO: 77730 SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 units per net acre which requires an administrative conditional use permit. Several parking code modifications are proposed and a right-<>f-way use permit has been submitted to allow bay windows to encroach into public right of way. An environmental review, sne plan review (administrative), conditional use permit review (administrative), and parking modifications will be required. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major I"formation Environment Minor Major Infannat/on Impacts Impacts Necessary Impacts Impacts Necessary Earlh Housing A;, Aesthetics =i Light/Glare Recreation Utilities Trans ation Public Services .norgy:. HlstoriclCultural Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS ~~ )ucp f L!O/fj ttt( V/,t~ We have reviewed t is application wdh areas where additio al information is n icular attention to those areas in which we have expertise and have identified areas of probable impact or d to properly assess this proposal. : 1i3 j L Date:) I Cit Renton Department of Planning / Building / I C Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: CD'L4 lc.Ji{l(1 COMMENTS DUE: MARCH 26, 2007 APPLICATION NO: LUA07..Q23, SA-A, CU-A DATE CIRCULATED: MARCH 12, 2007 APPLICANT: South 2"' Street, LLC CIT 'YOf At:NfON PROJECT MANAGER: Elizabeth Hiqqins R F·~-I:'''fv-.: n PROJECT TITLE: Chelsea Condominiums PLAN REVIEW: Jan lilian •• ., • ft SITE AREA: 7,920 square feet BUILDING AREA (Qross): 23,496 square feet ...... " I oJ llNI LOCATION: 513 S 2'· Street I WORK ORDER NO: 77730 BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 unils per net acre which requires an administrative conditional use penmit. Several parking code modifications are proposed and a right-of-way use penmit has been submitted to allow bay windows to encroach into public right of way. An environmental review, site plan review (administrative), conditional use penmit review (administrative), and parking modifications will be required. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major InformaUon Impacts Impacts Necessary Impacts Impacts Necessary Earth Housing Air Warer Plants Land/Sh0r91ine Use Animals ~ Environmental Health Energy/ Natural Resources :n~~:: B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS ~~~~~~U3/~. We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or addmonal inform iion is eded to properly assess this proposal. Date 8.1: • + ~ + 11'~~ ?i)N'f NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON·SIGNIFICANCE·MITIGATED (DNS·M) DATE: March 12, 201}7 LAND USE NUMBER: LUA07-023, SA-A, CU-A, ECF PROJECT NAME: Chelsea Condominiums PROJECT DESCRIPTION: The applicant has proposed a deIIelopment In the Center Downlown lone (513 S 2nd St) that W(luld consist of 1,102 sf of commercial space end 24 condominium umts w~h parking Wlth,n a 23,496 sf ~ tu 5 story building Density is proposed at 133 \ln~9 par net acre which !'&quires an admlniSlrBI,Vi! conditional use permit Sel'eral paricmg code modifications are proposed and a right-of-way use permit has been submitted to allow b<oy wlnd~w5 to encroach Into publiC right-Ol_way_ An environmental r .. ~iaw, s~e pI;:;,,\ (e~iew (administrative) condilional use pem"l reVIew (adminIStrative). and par\clng modmcatLOl1s w,11 be required PROJECT LOCATION: 513 S 2"" Street OPTIONAl DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As tha Laad Agency. Ihe 01)' of R~nton has determine(! that sognificant enVlronmentat Impacts are unhkely to .esvtl from the proposed Pfol"~t. Th".efo.e, 35 permrtted under the RCW 43.21C. 110, the City 01 Renton J5 usmg the OptIonal DNS-M process to give ~otlce that ~ tiNS· M is likely to De ;ssued. Comment penods for the Project and the proposed DNS·M are Integrated Into ~ singte comment pt!riod. The.e WIll ~ no oommenl ptlriod follOWIng the issuance 01 the Th.e$hokl Determination ol Non-Sign flcance· Mitigated (DNS-M) A 14-d~y appeBI penod WIll fOllow the ISsuance of the DNS-M PERMIT APPLlCATtON DATE: February 27, 2007 NOTICE OF COMPLETE APPLtCATtON: Match 12, 2007 APPLICANTIPROJECT CONTACT PERSON: Kent Smutny, TSA Archlleeh; Tel: (425)401-6828 E"t. 101 P,rmiWReview RequHI&d: Environmental (SEPA) Review, Admlnletnltlve Site Plan Review. Admlnlttrlltlve Conditional Ute Pennll. and Parking ModiflcatiOll$ Other Pennlts which may Def9qulred: CondlUonal U ... Contlrucllon, Ind Building Permits Requnted Studies: Environmental Cheeldl,t, Trame Implet Anllysla. Storm Drainage. Urb~n Oe,lgn. and Geote<";hnlCIII Reports Loc~tlon wtIent application may be reviewed: PlannlnliJlBuJldlnglPubllc Works Department, Development Services Dlvllllon, Sixth Floor Rlmon City Hall, 10$$ South Grady Way. Renton. WA 98055 PUBLIC HEARING: NIA CONSISTENCY OVERVIEW: Zoning/Land UII: EnvlronlTMntill Dooumenm thlt Evaluah ttle Proposed Project: Dev.lopm.nt Regulfotlon, UMd For Project MIUgallon: The subject s~e is desOgnatoo Urben Cemer -Downtown (UC·D) en the Cily or Renton Comprehensive land Use Map and Centel Downtown (CO) on the City'S Zoning Ma.p Environmental (SEPA) Checklist The project will be subject to the City'S SEPA ordinance. RMC 4-2..Q70L, RMC 4- 2·1208. RMC 4-3-100 and other applicable codes and regulations as apPlOpria!e 'Oposed Mltlgltion M ... ures: The follOWing Mibgalion Measur" will likely be impolled on \he proposed project Thlllse recommended MI~ga\lon Measures eddress prOject Impacts. not coveted by eXIsting codes and regulations as clled above The appllcanl will b6 roqui$d f(I p8'j th'" approprtate Transportation Mitigetion Fee: The IIppl1C8nt will ba roquired to pay the ~pproprial9 Fire MitlgatKln Fea; Bnd TIla applicant WIll be roqulred 10 pay the appropnat& Per/(~ MirJgarron F,.a omments on the above application mUlt be submitted in writing 10 Elizabeth Higgins, Senior P .... n.r. levetopmenl Servlees Division. 10$$ South Grady Way. Renton. WA 98055. by $:00 PM on March 26, 2OOT. If you a~e questoons about thIS plOposal. or 'M$h to be made a p9rty 01 record and recei~e addItional notification by mall. contact 1e Project Manager Anyone who submIts wnllen commenls Will automatically become a party 01 record and WI~ be otified 01 any d&eision on thIS projeCt ~ONTACT PERSON: Elizabeth Hlgslns, Senior Planner; Tel: (425~ 430-7382; Eml: ehlgglns@<:i,renton.wa.ua PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFlCATION If you would like 10 be made a party of record to receive further info!lllation On this proposed project. com~ete th$ form and return to: Crty of Renton. Development Planning, 1055 So. Grally Way. Renton. WA 98055 NamelFlle No: Chelsea CondominiumslLUAOT-023, SA-A. CU-A. ECF NAME: MAILING ADDRESS: TELEPHONE NO.: CERTIFICATION I, .5t=m~ , hereby certify that :5 copies of the above document were posted by me in ..L conspICUOUS places or nearby the described propertl>~="~lllJ"', ~-\. ~ DATE: "$-/2..-<>1-SIGNED:~H7fJ~~~ / ., -.... ~ ) .. ~ " ~o ~ ~ A TrEST: Subscribed and sworn before me, a Notary Public, in and for the State of Washington residig i~. ~ i ~ - . ~ ~'!, IJ ... fJ 1/~= ~ '!-" VY\. .? 1()/,~OE ~ , on the I d day of I • "'--1." h. -~;P,F f.il\~..(' 1111\"\\",,,, ,I •• ... CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 12th day of March, 2007, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter, NOA, Environmental Checklist & PMT's documents. This information was sent to: Name Agencies -Env. Checklist, NOA, & PMT's Kent Smutny -Accpt. Ltr South 2nd Street, LLC -Accpt. Ltr & NOA Surrounding Property Owners -NOA only WSDOT -NOA only (Signature of Sender): .. ~ ...;Ju(ji....l.V STATE OF WASHINGTON ) ) SS COUNTY OF KING ) See Attached Contact Owner/Applicant See Attached Agency I certify that I know or have satisfactory evidence that Stacy Tucker Representing signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: 3-13-D7 Notary (Print):-.£:jCn:lJ~L-.A...~L.L..J.II.LJ::~=~_4t-<~_.,.,....-:r.'--+-~ My appointment expires: Project Name: Chelsea Condominiums Project Number: LUA07-023, SA-A, CU-A, ECF template -affidavit of service by mailing Dept. of Ecology' Environmental Review Section PO Box 47703 Olympia. WA 98504-7703 WSDOT Northwest Region' Attn: Ramin Pazooki King Area Dev. Serv .• MS-240 PO Box 330310 Seattle. WA 98133-971 0 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle. WA 98124 Jamey Taylor' Depart. of Natural Resources PO Box 47015 Olympia. WA 98504-7015 KC Dev. & Environmental Servo Attn: SEPA Section 900 Oakesdale Ave. SW Renton. WA 98055-1219 Metro Transit Senior Environmental Planner Gary Kriedt AGENCY (DOE) LETTER MAILING (ERe DETERMINATIONS) WDFW -Stewart Reinbold' Muckleshoot Indian Tribe Fisheries Dept. • c/o Department of Ecology Attn: Karen Walter or SEPA Reviewer 3190160" Ave SE 39015 _1720d Avenue SE Bellevue. WA 98008 Auburn. WA 98092 Duwamish Tribal Office * Muckleshoot Cultural Resources Program' 4717 W Marginal Way SW Attn: Ms Melissa Calvert Seattle. WA 98106-1514 39015 1720d Avenue SE Auburn. WA 98092-9763 KC Wastewater Treatment Division * Office of Archaeology & Historic Environmental Planning Supervisor Preservation* Ms. Shirley Marroquin Attn: Stephanie Kramer 201 S. Jackson ST. MS KSC-NR-050 PO Box 48343 Seattle. WA 98104-3855 Olympia. WA 98504-8343 City of Newcastle City of Kent Attn: Mr. Micheal E. Nicholson Attn: Mr. Fred Satterstrom. AICP Director of Community Development Acting Community Dev. Director 13020 SE 72 0d Place 220 Fourth Avenue South Newcastle. WA 98059 Kent. WA 98032-5895 Puget Sound Energy City of Tukwila Municipal Liason Manager Steve Lancaster. Responsible Official Joe Jainga 6300 Southcenter Blvd. 201 South Jackson Street KSC-TR-0431 PO Box 90868. MS: XRD-01W Tukwila. WA 98188 Seattle. WA 98104-3856 Bellevue. WA 98009-0868 Seattle Public Utilities State Department of Ecology Real Estate Services NW Regional Office Title Examiner 3190 160'h Avenue SE 700 Fifth Avenue. Suite 4900 Bellevue. WA 98008-5452 PO Box 34018 Seattle. WA 98124-4018 Note: If the Notice of Application states that it is an "Optional DNS". the marked agencies and cities will need to be sent a copy of the checklist. PMT's. and the notice of application. • Also note. do not mail Jamey Taylor any of the notices she gets hers from the web. Only send her the ERC Determination paperwork. template -affidavit of service by mailing · . 784180006503 COOLEY DB] LLC PO BOX 272 RENTON WA 98057 569600015006 NGUYEN THANH M+LU MELISSA] 713 SW 353RD PL FEDERAL WAY WA 98023 784180003500 RENTON RENAISSANCE APTS %DALLY HOMES INC 3316 FUHRMAN AVE E #100 SEATTLE WA 98102 000720018803 SEATTLE CITY OF SPU/REAL PROP -WTR PO BOX 34018 SEATTLE WA 98124 784180001504 FAKHARZADEH M HADI PO BOX 78404 SEATTLE WA 98178 569600014504 PHAM THANH 11011 RAINIER AVE S SEATTLE WA 98178 784180018300 ROXY LLC PO BOX 1754 RENTON WA 98057 784180002502 N & C INVESTMENT LLC 7432 SE 27TH ST MERCER ISLAND WA 98040 784180008004 RENTON LUTHERAN CHURCH 200 WHITWORTH AVE S RENTON WA 98055 784180018003 SALVATION ARMY THE NORTHWEST DIVISION PO BOX 9219 SEATTLE WA 98109 Kent Smutny TSA Architects PARTIES OF RECORD CHELSEA CONDOMINIUMS LUA07-023, SA-A, CU-A, ECF, PRK MD, ROW USE 10800 NE 8th Street ste: #300 Bellevue, WA 98005 Murray A. Kahn, Manager South 2nd Street, LLC 2291 NE 60th Street Seattle, WA 98115 Hadi Fakharzadeh PO Box 78404 Seattle, WA 98178 tel: (206) 849-3252 (party of record) tel: (425) 401-6828 (contact) Updated: 03/19/07 tel: (206) 227-4352 (owner I applicant) (Page 1 of 1) NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS-M) DATE: March 12 2007 LAND USE NUMBER: LUA07-023. SA-A. CU-A, ECF PROJECT NAME: Chelsea Condominiums PROJECT DESCRIPTION: The applicant has proposed a development in the Center Downtown zone (513 S. 2nd St) that would consist of 1,102 sf of commercial space and 24 condominium units with parking within a 23,496 sf, 4 to 5 story building. Density is proposed at 133 units per net acre which requires an administrative conditional use permit. Several parking code modifications are proposed and a right-of-way use permit has been submitted to allow bay windows to encroach into public right-of-way. An environmental review, site plan review (administrative), conditional use permit review (administrative), and parking modifications will be required. PROJECT LOCATION: 513 S 2M Street OPTIONAL DETERMINATION OF NON-SIGNIFICANCE, MITIGATED (DNS-M): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21 C.11 0, the City of Renton is using the Optional DNS-M process to give notice that a DNS- M is likely to be issued. Comment periods for the project and the proposed DNS-M are integrated into a single comment period There will be no comment period following the issuance of the Threshold Determination of Non-Significance- Mitigated (DNS-M). A 14-day appeal period will follow the Issuance of the DNS-M PERMIT APPLICATION DATE: February 27, 2007 NOTICE OF COMPLETE APPLICATION: March 12. 2007 APPLICANT/PROJECT CONTACT PERSON: Kent Smutny, TSA Architects; Tel: (425) 401-6828 Ext. 101 Permits/Review Requested: Other Pennits which may be required: Requested Studies: Location where application may be reviewed: PUBLIC HEARING: CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: Development Regulations Used For Project Mitigation: Environmental (SEPA) Review, Administrative Site Plan Review, Administrative Conditional Use Permit, and Parking Modifications Conditional Use, Construction, and Building Permits Environmental Checklist, Traffic Impact Analysis, Storm Drainage, Urban Design, and Geotechnical Reports Planning/Building/Public Works Department. Development Services Division, Sixth Floor Renton City Hall. 1055 South Grady Way, Renton, WA 98055 NlA The subject site IS designated Urban Center -Downtown (UC-D) on the City of Renton Comprehensive Land Use Map and Center Downtown (CD) on the City's Zoning Map Environmental (SEPA) Checklist The project will be subject to the City's SEPA ordinance, RMC 4-2-070L, RMC 4- 2-120B. RMC 4-3-100 and other applicable codes and regulations as appropriate. Proposed Mitigation Measures: The following Mitigation Measures will likely be imposed on the proposed project. These recommended Mitigation Measures address project impacts not covered by existing codes and regulations as cited above. The applicant will be required to pay the appropriate Transportauon MiUgation Fee; The applicant will be required to pay the appropriate Fire Mitigation Fee; and The applicant will be required to pay the appropriate Parks Mitigation Fee. Comments on the above application must be submitted in writing to Elizabeth Higgins, Senior Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98055, by 5:00 PM on March 26, 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. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Elizabeth Higgins, Senior Planner; Tel: (425) 430-7382; Eml: ehiggins@ci.renton.wa.us I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I 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 So. Grady Way, Renton, WA 98055. Name/File No.: Chelsea Condominiums/LUA07-023, SA-A, CU-A, ECF NAME: MAILING ADDRESS: TELEPHONE NO.: Kathy Keolker, Mayor March 12,2007 Kent Smutny TSA Architects 1 0800 N E 8th Street #300 Bellevue, WA 98005 Subject: Chelsea Condominiums LUA07-023, SA-A, CU-A, ECF Dear Mr. Smutny: CITY )F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator 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 forreview, It is tentatively scheduled for consideration by the Environmental Review Committee on April 2, 2007, Prior to that review, you will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7382 if you have any questions. Sincerely, a7.0.d1:-J~ Elizabeth Higgins, AICP Senior Planner cc: South 2nd Street, LLC / Owner ------------l-OS-S-S-o-ufu--G-md-y--w-ay---R-c-n-to-n,-w-a-sh-;-n~-o-n-9-8-05-7-------------~ (i) This paper contains 50% recycled material. 30% postconsurner AHEAD OF THE CURVE March 12, 2007 Michael Fortson Department of Transportation Renton School District 1220 N 4th Street Renton, WA 98055 Subject: Chelsea Condominiums LUA07-023, SA-A, CU-A CIT"l ~F RENTON Planning/BuildingIPublic Works Department Gregg Zimmerman P .E., Administrator DEvELOPME CITY OF 'M:~~%N1NG MAR 2 1 2007 RECEIVED The City of Renton Development Services Division has received an application for a 24-unit multi-family development located at 513 S 2nd Stteet. 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 98055 by March 26, 2007. Elementary School: .,---_.....I.::'= .. Ju".:..:.::7---'--.. -"'d_~ f=-: ....::~=::.:.-=!.:-----:-.....,....-""'-""'='-_______ _ Middle School: ____ :::--'c.<-.-r--'.....J.':":"O'-'---"-I./."-w...>L...~ _ _fL-=:u5=--------- High School: ------j~'-='-"-":..:.....::'--"-=:.:..r=-------''''''''''-=.-->=--------- Will the schools you have indicated be able to handle the impact of the additional students estimated to come from the proposed development? Yes X No __ _ . Any Comments: __________________________ _ Thank you for providing this important information. If you have any questions regarding this project, please contact me at (425) 430-7382. Sincerely, ~~Ah-dt:...J~ Elizabeth Higgins, AICP Senior Planner Enel. ------l-OS-S-s-ou-t-h -O-ra-dY-w-aY---R-e-nt-on-,-w-a-sh-in-gto-n-9-8-0S-7-------R E N T ~ * "ThiS paper contains 50% recycled material, 3O"A. postconsumer AHEAD OF THE CURVE , /:.)/ .. J' ;' CVA07~023 r-----~=c.;;-------... Renton .. ' S E PER M IT rif.'l~fl'k~1ti3 LAND MAST.E, APPLICATION ft.\)111\)\\~ ~ ,........-----------................. . PROPERTY OWNER(S) iF 9sllS-- Z,06-22,~· 41!;2... 1-------------............. .. APPLICANT Cf other lhac Ol'i~( :\GDRl:.':'S. CONT ACT PERSON "'", -:-, f,'-c .-,.,-::-A-:---I+,~I!~C:-:ij7"'"':, ,:::t:-t.:-::1"~S:--':'f!.7To--·-·-· lCeNT 51'\\JTN"i . , ,II ',.11 .'.~_', .<" "" PROJECT INFORMATION • ," E ."'."E.', ':," Co"",",, ""'i ""', Z 0 Set F, ~---,--.-.- :; ~ .. 1(, RCAQ',,·/.:\y::; TO C~ __ o .-,,' ',-, _. ,", I' .,,' -. -.' 1 "E'j(' 1 V ",," --',':, ." ::-:-i", I-,-: ~ ~ '~=c,:;.:, ,.,:;," ... ~i'\ '(' 1'33 "P"/ At:'E ")i • >'-' '--< -"-.-'----,~ ~-"-_. __ --.-1 , '",'·Eic i Ui-r_;~:'_O; .:' ;'-:-! l'.(: .A·, ::.", ~!,:_,; ". z4-UN I,. OS I L PNuJECT ~;i !f.'F: .~ :~:; ::)-:1.''::-1:-,.: !.';;'ii::. __ ;".!::; 'Yl: " ':!;.-p ~.,: ... ).'\::.:= : ·:.:c.'!. '.'.1: <:1 ': --q;-h':~)', i-I' ;);. ,1:,1 G> [,;:,_";:'";-,-.,"-:[ :il';,i·-',:l .. "-.L Z{,OOO ~ "t/_ :<: ,:_r;' 1-::'~)T:\:3E '~!F ;:'=rJP02::::~; NON-PF~3.l.n.:-~·· .. ,;"01 ").;;:..:::; . -f ,)PP i.:.~!-,;f.' . (6) ; ~~-.I.>:::'-._\C>= ,-y: ::.-Xj':. ~ :r<:: I·J;"X.'-RFS r.::> T -, ',::) r,,"1 ;i '·,:;~.I~·J -: . .1F[..i:c",,'(,.:< €> ,::-',":i,',HION (continueo) . ____ ..-....'l. . .... _ ,, ______ ~ ____ _ . :~c.;()Jc.:.1 '; __ '-'C !, ' .. ... ----~ ... '~~~~==:-:-----------, LEGAL DE3 :=<'::FL)N OF PROPERTY \AUach legal aescription 0:1 sc'<_";:';}2',2'; with the lcll'owing inlarmatic;c included; ... ,J';,-;E: "!'>": "7"HE $E S:\..,,4.~:rTEj )N I ~ ~O\-vr<SHiP.2J~ RP.i\'·3FO.s~;N T~ l[ Ci~\' TYPE 0= __ -.:=-=_:A_T_IO_N_&_F_E_E_S _______ --IJ AFFrD" OWNERSHIP '------------_ ..... _----_. MIIJ.-ltA'1 \::.AMN I MI\~"'6€1?. Or ,-, "'!I-;~;;:,.i -'<':~'.v(..j i,~ th::::-:.~·)k._::.:~:..:· ,~. )(. ~h(~ fil,-;.,~·il~;; r·~ .. ~:!"';-<" . ~;'Jr,:-". r,:~, -'~ '~. ,1r~H'j·.';. ~·,r. ,-~:,~-.!~, ;'~:i clH~ l:;-~' j_'l\::,.'-l;)!~Ji "-1'." -. .,. ... ' j, : J. oil , I,· di,; :fl(i: ! ~r~' J'!:;'.>:;;:" ,~u":,,,;" :,:'< :;1C :::;JirC':1 ':"""-.'\'1 ~-,! i Co rrop·~,-y -J , .. )(::<:r?: ,,)(' :!,I:::-~:,,:, "ill;.,::., f··\.~f 0' C..il.l'::' -l;:'lL:.--;; <lr:; ~'1"_' Ih.' f,:-, ~;;::"-:.: I f;"::i'L<b ',:L:-: ad ':::1 -..,,_.1 L .. :n·:-t,c-s.i .:::if :T'., ~1)Q·}.':<_,ri~ri _.~:;,j .; .. ~ i.oi. . N,,' h",,;, ,c'""""",'1 ".«, '.,,,. ," ''',' ""1I(l~A'i ~~""' Secretary of State I, SAM REED, Secretary orState of the State of Washington and custodian orits seal, hereby iSsue this CERTIFICATE OF FORMATION to SOUTH 2ND STREET,LLC alan WA Limited Liability Company. Charter documents are effective on the date indicated below. Date: 11/1312006 UBI Number: 602-667-949 APPID: 706259 Given under my hand and the Seal of the State of Wa.~hington at Olympia, the State Capital Sam Reed, Secretary· of State qct 26 2006 12:45PM HP' ASERJET FAX ~~~~~---------- cmCAGO TITLE INSURANCE COMPANY AL.T.A. COMMITMENT SCHEDULBA (Continued) OrdcrNo.: 1217671 Your No.: LEGAL DFSCRIPTION EXHIBIT (paragraph 4 of Sc:hc4UJe A coa1muation) LOTS 1 AND 2. BLOCK 1,SMITIlER'S SIXTH ADDITION TO THE TOWN OF RENTON, ACCORDING TO THE PIAT THEREOF, RECORDED IN VOLUME 26 OF PlATS, PAGE 47, IN KING COUNTY, WASHINGTON. p.5 _ 0 __ •• <-..-'-__ _ .0 •• _. _____ •••• ____ •• __ ~_o •• ~~ __ CERTIFICATE OF FORMATION FOR FILED SECIIETAi'iY CF ST"TE NOV 1 3 2006 SOUlH 2ND S1REET, LLC ~TATE OF WASHINGTON Pursuant to Title 25 of the Revised Code of Washington, the undersigned does hereby submit this Certificate of Formation for the purpose of fOnning a limited liability company. ARTICLE I The name of the limited liability company ("Company") shall be; South 2nd Street,. LLC ARTICLE II The office address at which the principal place of business conducted is; 2291 NE 601h Sl Seattle, WA 98115 ARTICLE III The sole Member of the Company is Murray A. Kahn. ARTICLE IV The name of the Registered Agent of the Company is: Murray A. Kahn The street address of the Registered Agent's office address is; 2291 NE 601h Sl Seattle,WA 98115 ------~------.-----,-.----. ARTICLE V The Company shall not terminate for any reason other than the written consent of the Member and the term of the Company shall be perpetual. ARTICLE VI The management of the Company shall be managed by a manager. The initial manager shall be Murray A. Kahn. The Manager may be changed at any time in the discretion of the Member. ARTICLE VII This Certificate of Formation may be amended only by the consent of the Member and only in writing pursuant to a document specifically designating it as an amendment to this Certificate. . ARTICLEvm JnteJ:ests in the Company may be freely transferable in the sole discretion of the Member. ARTICLE IX The Company's limited liability agreement shall be this Certificate of Formation. The name and mailing address of the person executiilg this certificate is: Murray A. Kahn 2291 NE 60th Sl Seattle, WA 98115 These articles will become effective upon filing. U/68 Dated: ___ '--_______ .2006. ----'f,~-..." ... ~ . , By:'-77--~~~----------Murray A. Kahn, executor ? • . -.~-.--~------~~ CONSENT TO APPOINIMENT AS REGISTERED AGENT Murray A. Kahn hereby consents to serve as Registered Agent in the State of Washington for South 2nd Street;. LLC. The undersigned understands that as agent for the limited liability company it will be my responsibility to accept Service of Process in the name of the limited liability company and to immediately notify the Office of the Secretary of State in the event of its resignation or of any change in the Registered Office address-of the limited liability company for which I am agent U/I)'O Dated: ______ --', 2006. --.-. -iL,+- Murray A. Kahn N &:,011/ 0150 ~" " 2 j' ~];bilf roit;OJ Sf '0145 n2J .c J~ I ,3~.· TDe ~, =',; ~ V"" I " 1'0 ----~--,--,~- ,J}ECCC Htl ___ , S. Second St. -{.J ,/ J.. : L \. s <~~;: 15116~ 10140 , , , " ~~ l\"l! • , 5' ;··.u '" " '" " " 8 9 .~ ".,.~ .. :, .~'" ,-J " : ~!i !;fi( sf ;0e5 " " :;:. " ,~--~~-,---------"', ", '-'-,-... , ',.,~ -"-,'-'_ .• ".--;'1~ r,-n· If 'I 5Q --(2;---------- "(5 I ..... .. ---'.!... -' -' '-... .f'~ -=-.""t.", --,., .... ~---- __ f~.J::-:IP1C.:. 9,1 ____ ., __ ~_ 1 " = 100 ' DATE: TO: FROM: SUBJECT: FIRE DEPARTMENT DEVELOPMENT P!-ANNING M E M 0 RAN DUM CITY OF RENTON October II, 2006 Jill Ding, Associate Planner ~' ;)J James Gray, Assistant Fire Marsha Iff.- 2nd & Morris Mixed Use, 513 S 2nd • FEB 272007 RECEIVED Fire Department Comments: 1. The preliminary fire flow is 2250 GPM, one hydrant is required within 150 feet of the structure and two additional hydrants are required within 300 feet of the structure. 2. A fire mitigation fee of $9,873.08 is required based on $388.00 per unit and $.52 per square foot of the commercial square footage .. 3. Separate plans and permits are required for the installation of Sprinkler and fire alann systems. 4. A site pian for Pre-Fire planning is required to be submitted for your project. This shall be submitted prior to occupancy, in one of the attached fonnats. Please feel free to contact me if you have any questions. i:l2nd&morrismixed.doc I PRE-FIRE PLANNING I RENTON FIRE DEPARTMENT In an effort to streamline our pre-fire process, we are requesting that you submit a site plan of your construction project in one of the following formats which we can then convert to VISIO.vsd. This is required to be submitted prior to occupancy. ABC Flowcharter.af3 ABC Flowcharter.af2 Adobe Illustrator File.ai AutoCad Drawing.dwg. AutoCad Drawing.dgn Computer Graphics Metafile.cgm Corel Clipart Format.cmx Corel DRAW! Drawing File Format.edr Corel Flow.cft Encapsulated Postscript File.eps Enhanced Metafile.emf IGES Drawing File Format.igs Graphics Interchange Format.gif Macintosh PICT Format.pct MicrografX Designer Ver 3.l.drw MicrografX Designer Ver 6.0.dsf Microstation Drawing.dgn Portable Network Graphics Format.pnf Postscript File.ps Tag Image File Format.tif Text.txt Text.csv VISIO.vsd Windows Bitmap.bmp Windows Bitmap.dib Windows Metafile. wmf Zsoft PC Paintbrush Bitmap.pcx TO: FROM: DATE: Jill Hall Jan nIian October 25, 2006 CITY OF RENTON MEMO UTILITY REVIEW SUBJECT: PREAPPLICATON REVIEW COMMENTS 2nd & MORRIS MIXED USE PREAPP NO. 06 -119 513 -S. 2nd STREET NOTE ON PRELIMINARY REVIEW COMMENTS CONTAINED IN THIS REPORT: The following comments on development and permitting issues are based on the pre-application submittals made to the City of Renton by the applicant. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision makers (e.g. Hearing Examiner, Boards of Adjnstment, Board of Public Works and City Council). Review comments may also need to be revised based on site planning and other design changes required by the City or made by the applicant. WATER I. There is a 12-inch water main in S. 2nd Street and a 12-inch water main in Morris Ave S. 2. This project is within the CD zone, therefore the Water System Development Charge (SOC) for multi-family will be assessed at a rate of $0.273 x the square footage of the site. This is payable at the time the utility permit is issued. Note: A re-cievelopment credit will apply for any existing water connections. Utility billing shows there is an existing W' water service. 3. Preliminary fire flow required by the fire department is 2,250 gpm. Available fire flow at the 12-inch water main is approximately 5,000 gpm. One hydrant is required for each 1,000 gpm of required fire, ./.~ flow. +we-fiydrants are required to serve this site. 1"" •• 11,1, ~ fI.-. __ ,m..+-Iu Jo:IOII:UI ~ t!'.Jrr--~ 4. All ne~struction must have a fire hydrant capable of deli~g6r ~rt:.um of 1,000 gpm and must be located within ISO feet of the building. There are fire hydrants in the vicinity that may be counted towards the fire protection of this project, but are subject to verification for being within the required distance to the nearest corner of the building. It appears that one new hydrant will be required to meet the required distance. 5. Existing hydrant(s) counted as fire protection will be required to be retrofitted with a quick disconnect Storz fitting if not already in place. 6. The proposed project is located in the 196 water pressure zone and is outside Aquifer Protection Zone. Static pressure in the area is approximately 7Opsi. 7. The building exceeds 30 feet in height. A backflow device will be required on the domestic water meters. A separate plumbing permit will be required. 8. A fire sprinkler system is required. A separate utility permit and separate plans will be required for the installation of the double detector check valve assembly for the fire sprinkler system. All devices installed shall be per the latest Department of Health "Approved List" of Backflow Prevention Devices. Civil plans show location of device and should note: "Separate plans and utility permit for DDCVA installation for Fire Sprinkler System will be reqnired." Standard detail shows exterior installation. For DDCVA installations inside the building, applicant shall submit a copy of the mechanical plan showing the location and installation of the backflow assembly inside the mechanical room. Installation shall be in accordance with the City of Renton's requirements. DDCV A shall be installed immediately after the pipe has passed through the building floor slab. Installation of devices shall be in the horizontal position only. 9. Landscape irrigation systems wiIl require an approved backflow device to be installed. A separate plumbing permit is required. SANITARY SEWER I. There is an existing 8-inch sewer main in Morris Ave S and a 12-inch sewer main in S. 2nd Street. 2. This project is within in the CD zone, therefore the Sewer System Development Charge (SDC) for ,..7 multi-family wiII be assessed at a rate of $0.142 x the square footage of the site. 10,500 square fc;et . of the existing site was previously paid in 1980. This is payable at the time the utility permit is issued. Note: A re-development credit will apply for alI existing sewer connections. Utility billing shows there is an existing sewer connection. 3. The underground parking garage will require floor drains and shaII be connected to the sanitary sewer. Flows shall be directed through floor drains that are instalIed in accordance with the UPC to an exterior oil/water separator. The separator shall be sized to meet a minimum IS-minute retention time for peak flows anticipated in the garage area, but in no case will be less than 200 galIons of storage capacity. The type of interceptor shall be as manufactured by Pipe Inc., Utility Vault Inc., or approved equal. 4. Side sewers shaII have a minimum slope of 2% . SURFACE WATER I. There are storm drainage improvements in S. 2nd Street just west of the site. 2. This project is within the CD zone, therefore the Surface Water System Development Charge (SDC) for multi-family will be assessed at a rate of $0.265 x the square footage of the site. This is payable at the time the utility permit is issued. Note: A re-development credit wiII apply for all existing structures. 3. A drainage plan and drainage report will be required for the site plan application. Requirements shall be in compliance with the KCSWM (1990 edition). All core requirement and any special requirements shall be outlined in the report. 4. Roof downspouts will be required to be tightlined to the storm system. 5. A SEPA condition will require this project to comply with Dept of Ecology'S 2001 Stormwater Management Manual for Erosion Control. . cI4Jol'l ~.L it-c.t{u,. .!-""J.....-1:'0 eclf# .. " ~~ Soc, TRANSPORTATION M Je,.,',-.L~" ~f> ....l;~ot I. Traffic mitigation fees of $75 per additional generated trips shall be assessed per unit at a rate per the ITE manual. These are payable at the time the building pennit is issued. Credit will be applied for fees previously paid. 2. Street improvements including, but not limited to paving, sidewalks, curb and gutter, and storm drain will be required if not already in place. The existing curb cut in S. 2nd wiII need to be removed. 3. There is an existing 16-foot alley at the south end of the property. 4. All wire utilities shall lstalled underground per the City of Re Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. GENERAL COMMENTS I. A permit to cut and cap existing utilities on site will be required as part of the demolition permit. 2. All plans shall conform to the Renton Drafting Standards. When approval is granted and utility plans are complete, please submit permit application, three (3) copies of drawings, two (2) copies of the drainage report, and an itemized cost of construction estimate and application fee at the counter on the sixth floor. A fee worksheet is attached for your use, but prior to preparing a check, it is recommended to call 425-430-7266 for a fee estimate as generated by the permit system. The fee for review and inspection of these improvements is 5% of the first $100,000 of the estimated construction costs; 4% of anything over $100,000 but less than $200,000, and 3% of anything over $200,000. Half the fee must be paid upon application. cc: Kayren Kittrick CITY OF RENTON Planning/Building/Public Works MEMORANDUM DATE: October 24,2006 TO: Pre-Application File No. 06-119 FROM: Jill K. Ding, Senior Planner x 7219 SUBJECT: 2 nd & Morris Mixed Use Development General: 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 submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision-makers (e.g., Hearing Examiner, Zoning Administrator, Planning/Building/Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50, plus tax, from the Finance Division on the first floor of City Hall. Development Regulations are also available for review at no charge in the office of the City Clerk on the 7''' floor, at Development Services on the 6'h floor and at the Renton Library. Project Proposal: The proposal is to construct a 4-story mixed-use building on a 7,906 square foot parcel within the Center Downtown (CD) zoning designation. The subject site is located at the southeast comer of the intersection of S 2nd Street and Morris Avenue S (parcel no. 784180-0005). The proposed building would include 24 residential units on three floors above 1,079 SQuare feet of commercial space and two levels of under building structured parking. The building would contain a total of 18 one bedroom units and 6 two bedroom units. A rooftop deck is proposed to act as open space. Zoning: The subject site is designated Center Downtown (CD) on the City's Zoning Map. The intent of the CD zone is to provide high-density residential and mixed-use commercial centers serving a regional market as well as adjacent residences. In addition, the subject site is located wi,thin the Downtown Core Area and the Urban Center Design Overlay District. Development S.tandards: The proposal's compliance with the CD zone development standards and the parking regulations is addressed below: Design -The site is subject to the Urban Center Overlay District Regulations RMC 4-3- 100. These regulations contain both standards and guidelines that affect architectural Issues including siting, design, modulation, common open space, access and parking. Several standards are directly applicable to this project and should be considered thoroughly before a detailed design is finalized. If need be, the applicant may request a modification from these standards pursuant to RMC section 4-9-100.D. Lot Coverage -For properties located within the Downtown Core Area the standards regarding maximum lot coverage for buildings are not applicable. Pre06·119 (CD mixed·us. development).doc Density -The permitted density range in the CD zone is a minimum of 25 dwelling units per acre to a maximum of 100 dwelling units per acre (dulac). Density may be increased up to 150 dulac subject to approval of an Administrative Conditional Use permit. Net density is calculated after sensitive areas, access easements, and areas to be dedicated to public right-of-way are deducted from the gross area of the site. There are no sensitive areas, access easements, or public rights-of-way to be deducted from the gross area of the property. The proposal for 24 units on the 7,906 square foot (0.18 acre) site arrives at a net density of 133 dulac (24 units I 0.18 acres = 133 dulac), which is within the permitted density range for the CD zone subject to the approval of an Administrative Conditional Use Permit. Setbacks I Landscaping -No minimum front yard setbacks are required in the Downtown Core Area. In addition, no rear or side yard setbacks are required in the CD zone. Although setback requirements do not apply in this instance, the Urban Center Design Overlay Regulations are quite specific regarding siting and design treatments to reduce the bulk and scale of the building. The same applies to landscape requirements. Although on-site landscaping requirements do not apply to properties located within the Downtown Core Area, the design regulations are fairly specific regarding screening and landscaping to reduce visual impact. Height-The CD zone allows a maximum building height of 95 feet. The proposed structure would be a 4-story building with a maximum height of 44 feet, which is less than the maximum height permitted. Building elevations and detailed descriptions of elements and building materials are required with your site plan review submittal. Screening -Screening must be provided for all surface-mounted and roof top utility and mechanical equ(pment. In addition, garbage dumpsters and recyclable areas must be screened pursuant to RMC section 4-4-090.C.7. Approval of the proposed locations of dumpster areas by Rainier Waste Management is recommended prior to the submittal of the formal land use application. The site plan application will need to include elevations and details for the proposed methods of screening. RefuselRecvcla61e Areas -For multi-family developments a minimum of 1 % square feet per dwelling unit is required for recyclable deposit areas and a minimum of 3 square feet per dwelling unit is required for refuse deposit areas. For retail developments a minimum of 5 square feet per every 1 ,000 square feet of building gross floor area shall be provided for recyclable deposit areas and a minimum of 10 square feet per 1,000 square feet of building gross floor area shall be provided for refuse deposit areas with a total minimum area of 100 square feet. Based on the proposal for 24 residential units the project would be required to provide 36 square feet of repyclable deposit areas (1.5 square feet x 24 units = 36 square feet) and 72 square feet of refuse deposit areas (3 square feet x 24 units = 72 units) for the residential units. Based omthe proposal for 1 ,079 square feet of commercial area a total minimum area of 100 square feet of refuse and [.5.cxclable ;;Ireas is required. (/~ A~<>Il '1b !>«>Ic>w,rt/AI..) -u" hov~" Il\.j..-l-r..-liV(." review .. \oIa~ +1<...,. AccesS/Parking.,.. It appears that the applicant proposes to gaIn access to the parking garage from the alley located along the south property line. Minimum parking ratios are provided in RMC 4-4-Q80.F.)0 based on the proposed land use. The following parking ratios apply to attached residen,tial developments: • 1 stall per dwelling unit. The following parking ratios apply to retail developments within the downtown core: • 1 space per 1,000 square feet of net floor area. PreQ6-119 (CD mixed-use development).doc Based on the proposal for 24 dwelling units and 1,079 square feet of retail space a total of 24 parking spaces are required (1 space per unil x 24 units = 24 spaces and 1 space per 1,000 square feet x 1 = 1 spaces, 24 spaces + 1 spaces = 25 total spaces). The applicant indicates thai a total of 32 parking spaces would be provided, which exceeds the number of parking spaces required. In addition, the City's parking regulations provide specific requirements for accessible parking spaces. Based on the proposal for 32 total spaces, 2 of those spaces are required 10 be ADA accessible. Structured parking spaces musl comply wilh the following minimum dimensions for standards and compact stalls: • Standards stalls must have a minimum length of 15 feet (16 feel for 45' or greater) and a minimum widlh of 8 feet, 4-inches; and, • Compact stalls must have a minimum length of 12 feet (13 feet for 45' or greater) and a minimum width of 7 feel, 6 inches. Compact parking spaces are not allowed 10 exceed 50% for structured parking areas of the parking prOVided. A minimum aisle widlh of 24 feet between the parking spaces (RMC 4-4- 080.F .9) shall be provided. Sensitive Area~: Based on the City's Critical Areas Maps, the site is located in a Seismic Hazard Area. T!le seismic hazard is related to potential liquefaction of soils during an earthquake event. A geotechnical analysis for the site Is required. The analysis needs to assess soil cOnditions and detail construction measures to assure building stability. In addition to the geotechnical analysis, the applicant may be required to submit an archeological resource survey of the site due to the potential of archeological resources present on site. This report will not be required at the time of formal land use application, however it may be required at a later time based on comments the City receives from the State Office of Archeology and Historic Preservation. In order to complete this report, the applicant will be required to hire a state approved archeologist to conduct the site investigation and prepare a report to the State Office of Archeology and Historic Preserv~tion. Environmental Review: The proposed project would be subject to Environmental (SEPA) Review as the pr,oposal would result in the construction of more than 4 dwelling units and is not Categorically Exempl per WAC 197-11-800. , Permit Require~ents: The proposal would require Administrative Sile Plan approval, an Administrative Conditional Use Permit, and Environmental (SEPA) Review. All permits would be review$d in an estimated timeframe of 8 to 10 weeks. The application fee for joint land use applications is full price for the most expensive permit (Site Plan at $1,000) and half off any subsequent permils: Yo of full fee for Conditional Use Permit would be $500 (112 of $1,000 full fee) and Yo of full fee for SEPA Review (Environmental Checklist) which is dependent on project value: less than $100,000 is $200 (1/2 of $400 full fee) and project value over $100,000 is a $500 fee (1/2 of $1,000 full fee). In addition to the required land use permits, separate construction, building and sign permits would be required. The review of these permits may occur concurrently with the review of the land use permits, but cannot be issued prior to the completion of any appeal periods. Impact MitigatiQn Fees: In addition to the applicable building and construction fees, the following mitigatfpn fees would be required prior to the issuance of building permits. Pre06-119 (CD mixed-use development).doc • A Transportation Mitigation Fee based on $75.00 per new daily trip attributed to the development; , • A Pai-ks Mitigation Fee based on $354.51 per new multi-family unit; and, • A Fire Mitigation Fee based on $388.00 per multi-family unit. A handout listing all of the City's Development related fees in attached for your review. Consistency with the Comprehensive Plan: The Urban Center -Downtown (UC-D) is expected to redevelop as a destination shopping area providing neighborhood, citywide, and sub-regional services and mixed-use residential development UC-D residential development is expected to support urban scale multi-family projects at high densities, consistent with Orban Center policies. Projects in the UC-D area expected to incorporate mixed-uses including retail, office, residential, and service uses that support transit and further the synergism of public and private sector activities. In the surrounding neighborhoods, infill urban scale townhouse and multi-family residential developments are anticipated. Site planning and infrastructure will promote a pedestrian scale environment and amenities. , Land Use Element , Policy LU-216. 'Uses in the Urban Center Downtown should include a dynamic mix of uses, including retail, entertainment, restaurant, office, and residential, that contribute to a vibrant city core. Policy LU-217. Development and redevelopment of Urban Center Downtown should strive for urban density and intensity of uses. Policy LU-219. Projects in the Urban Center-Downtown should achieve an urban density and intensity of development that is greater than typical suburban neighborhoods. Characteristics of urban intensity include no or little setbacks, taller structures, mixed-uses, structured parkirig, and urban plazas and amenities within buildings. Policy LU-221. Uevelopmentshould not exceed mid-rise heights (maximum 10 stories) within the Urban'Center -Downtown. Objective LU-QQ: Encourage additional residential development in the Urban Center - Downtown supporting the Countywide Planning Policies definition of Urban Center. Policy LU-224. Maximize the use of existing urban services and civic amenities and revitalize the citY's downtown by promoting medium to high-density residential development in the downtown area. Allowed densities should conform to the criteria fo Urban Centers in the countywide policies. Policy LU-226. Net residential development densities in the Urban Center -Downtown designation should achieve a range of 14-100 dWelling units per acre and vary by zoning district. Policy LU-228. Condominium development and high-density owner-occupied townhouse development is encouraged in the Urban Center -Downtown. cc: Jennifer Henning \ PrcQ6.119 (CD mixed .... development).doc . . . r----------------~~~~~~1n----------------~ .. M-F e" ." c4 i dA C -,I IM(P) Airport Way CD(P) . CAL.; L.". __ J G3· 19 T23N R5E E 112 ~ ZONING o = 'n!CIINICAL 1B&V1C18 - - --Renton QV UmIt,I .-.. '0 . - 18 T23N R5E E 112 DENSITY WORKSHEET DEVELOPMENT PlAN .. ", OITY OF ReNTON ~"" City of Renton Development Services Division 1 055 South Grady WaY-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1. 7'1()(Q 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets·· Private access easements·" Critical Areas" Total excluded area: 3. SubtracUine 2 from line 1 for net area: square feet square feet square feet 2. ~ .. 3. 7'70((; FEB 2 7 2007 RECEIVED square feet square feet sqoarefeef 4. Divide line 3 by 43,560 for net acreage: 4. .18 acres 5. Number-of dwelling units or lots planned: 5. .:< t unitsllots 6. Divide line 5 by line 4 for net density: 6. 133 = dwelling units/acre ·Critical Areas are defined as "Areas detennined 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) do not have to be excluded. Q:lWEBIPWlDEVSERVlFormslPl .... ingldensity.doc Last updated: 1110812004 1 -IEVELOPMENT SERVICES DIVISION WAIVEf, JF SUBMITTAL REQUIR_ .. IENTS FOR LAND USE APPLICATIONS rhis requirement may be waived by: I. Property Services Section PROJECT NAME: {j;~!~a- ) Public Works Plan Review Section I. Building Section I. Development Planning Section Q:IWEBIPWlDEVSERVlFormsIPlanninglwaiverofsubmiltalreqs_9-06.xis DATE: ....:;~O-.t? /,-,~e:...3~/lw.O"--,7f--__ _ r! 09106 IEVELOPMENT SERVICES DIVISION WAIVEk 0F SUBMITTAL REQUIR_ . .lENTS FOR LAND USE APPLICATIONS Wireless: Applicant Agreement Statement 2 ANO 3 of Existing Sites 2 ANO 3 Lease Draft 3 Map of Existing Site Conditions 2 ANO 3 Map of View Area 2ANO 3 Photosimulations 2 ANO 3 This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section PROJECT NAME: !drat ttl ( Condo)! f1; Bd tI JC-.- DATE: 2(?-s/O:t- Q:IWEBIPWIOEVSERv\FormsIPlannlnglwaiverofsubmlllalreqs_9-06.xls 09106 lllHOO N.E. H,h Stret't Uellt'Vlll:. WA ')XI](I-! T 425 Hll oH18 TSAI i 'I. l I.' i r (" ( 1.\, p.1.1.r. February 23, 2007 City of Renton Development Services Division 1055 South Grady Way Renton, W A 98055 Re: Site Plan Review Project Narrative for The Chelsea Project PROJECT LOCATION / EXISTING CONDITIONS OEVELOPMENTREP\..ANNNTON ING CITY OF FEB 272007 RECEIVED The project site is bounded by Morris Avenue South on the West, by an alley to the South, by South 2nd Street to the North and by a single family structure to the East. The site is in downtown Renton in the Center Downtown zone (CD). The site is approximately 7906 square feet. Currendy there are no structures or trees on the site. The soils on the site have been analyzed and a separate geotechnical study accompanies this Site Plan Review Submittal. PROPOSED DEVELOPMENT A four story mixed-use project with associated structured parking is proposed for the site. The building will contain a total of 24 residential units and 1102 square feet of commercial space. Parking will be accommodated with two levels of parking. One at a basement level and the other within the first floor. Both levels of parking will be accessed from the alley on the South side of the site. The density of the proposed project will be 133 dwelling units per acre. The maximum outright densiry allowed in the CD zone is 100 dwelling units per acre. Therefore administrative conditional approval will be requited to develop the property to the proposed density. PARKING It is proposed that traffic to the two level parking garage will enter at two points off the alley. One level of parking will be within the first story and the other will be at basement level. The structured parking at street level is located away from Morris Avenue South and South 2ml Street. Residential parking in the CD zone is to be provided at 1 space per dwelling unit and commercial parking is to be provided at 1 space per 1000 square feet. Tbere are 24 units in the proposed project therefore 24 residential parking spaces are required. There is 1102 square feet of commercial space therefore 1 space is required for that use. -.... [mmo N.E. H"h Str<'et SUIt'; _,1111 Bdh'vut', WA 'I ~ 1111 ~ T -1-:25.401 .6l-!28 r ~25 .. III Illl"1 T S A I .' , , I, ; f'" " I'll, 31 parking spaces are provided. Because we are 6 stalls over the parking requirement we request a parking modification for this project. The marketplace dictates that parking be provided at a ratio greater than the one stall per dwelling unit requirement. The additional parking proposed will not adversely affect the appearance of the project because it is all contained within the building structure. In order to acconunodate the additional stalls that the marketplace dictates along with the structural requirements of the building we have located columns on the stall "stripe line" in six locations. lbese columns will not be more than 12" wide thus will not encroach into any parking stall more than 6". Also, these columns have been located out of the car door swing area so they will not compromise the utility of the parking stalls. RESIDENTIAL There will be three levels of units with 8 units on each level above for a total of 24 units above a 3 hour rated post tensioned slab. Units will vary in size from a 483sf Studio to a 2 bedroom, 2 bathroom unit with 1057sf. The main residential lobby for the building will be located off South 2nd Street. In order to provide added modulation to the building and opportunities for a variety view oudooks from the building we request a right of way use permit for 6 bay window areas on the building which cantilever over the right away no more than 18" and would be at least 13'-0" above the sidewalk where they occur. An additional borrowing of the right of way occurs at the base of the turret form. Here the lowest projection of the comer bay maintains a height of 10' -0" above the commercial entry to provide a grounded aesthetic for the structure. COMMERCIAL The most prominent portion of the street level is dedicated to 1102 square feet of commercial space and will be oriented to the comer of the building at South 2nd Street and Morris Avenue South. STATISTICS Total lot coverage at grade: Total area of parking Total area of residential Total area of commercial Estimated Construction Cost Estimated Fair Market Value 97% 10,024 sf 23,496 sf 1102 sf $3,780,000. $6,090,000. \OKOO N.E. ::;:th SIft'''! .'-,U l! l· .\lill Hdl~vue. WA <J:-':IIII-\ r 1:2:; -l II I II (\ .\11 T S A I " , , {, i I C (I S, {<.I 1.(. STATISTICS CONTINUED Estimated Quantity of Excavation Height of building at top of mansard roof Height of building at highest roof IBC Construction Type-Level 1 IBC Construction Type-Levels 2-4 ~r--- TSA Architects, pilc Kent Smutny, Manager 3,000 cy 49.9' 62.S' Type I-A Type V-A 111l'lOO .'\I.E.l'l'h Stn:d SUl[<' .1ll1l Ht'lit'Vllt', WA (J ~ 11114 'j 415.41)1.6K21) T S A I " " I, i u ( t 5, pD,c, February 23, 2007 City of Renton Development Services Division 1055 South Grady Way Renton, WA 98055 Re: Conditional Use Permit Justification for The Chelsea Project COMPREHENSIVE PLAN DEVELOPMENT pLANNING CITY OF RENTON FEB 272007 RECEIVED The site for this mixed-use project is in downtown Renton in the Center Downtown zone (CD). The site is approximately 7,906 sf. The location of this project is an area that is earmarked for residential development of up to 100 dwelling units per acre outright and can be developed up to a density of 150 dwelling units per acre with administrative conditional approval. The proposed project would provide housing at 133 dwelling units per acre which is well within the maximum density that the City is willing to consider with administrative conditional approval. The location of the project is ideal for allowing higher development because of its proximity to the Renton Transit Center one block away. COMMUNITY NEED This project will help add to the creation of a critical mass of residents in downtown Renton which is important for the continued growth of the downtown core. A densely populated core is critical to the development of new business downtown which will in tum help to further the rejuvenation of the downtown core that began with moving out of the car dealerships from downtown to make room for dense residential development. EFFECT ON ADJACENT PROPERTIES The proposed development of a residential project at a density of 133 dwelling units per acre will complement the recent surrounding development in the downtown core and other proposed projects in the arca. The City would like to see the McClendon's Site two blocks to the East of the proposed project be developed as retail or mixed- use. Dense residential development in the area like the proposed project 1S important to making redevelopment of the McClendon's site feasible. Sin"~ ~~) TSA Architects, pllc Kent Smutny, Manager IIlKOIl N,E. :-:,h ~trt"l't Ilt·))l'I'lIt'. WA <):-:1111_1 TSAj" :'il,(I'.I'./.I.,. February 23, 2007 Development Services Division 1055 South Grady Way Renton, WA 98055 DEvaOPMENT PLANNING CITY OF RENTON FEB 2 7 2007 RECEIVED Re: Urban Center Design Overlay District Report for The Chelsea Project The following is a summary of how the proposed design for this project addresses the Urban Center Design Overlay District Guidelines. A. BUILDING SITING AND DESIGN 1. Pedestrian Building Entries: This standard requires buildings to be orientated to the street with the pnmary building entrance prominendy located on the facade facing the street. The main entry to the commercial spa", within the proposed mixed-use building is at the most prominent location, the corner of South Zd Street and Moms Avenue South. The entry to the condominium units is on South 2"" Street which is the more trawled of the two streets. The corner of the building is chamfered '!if at the location of the entry to the commercial space. The entire form of the building at this location reinforces the entry. The entry to the condominium units is marked with unique, prominent architectural treatment to the elevation at that location. 2. Transition to Surrounding Development: Careful siting and design treatment is necessary to achieve a compatible transition where new buildings differ from surrounding development in terms of building height, bulk and scale. The proposed development holds the sfreet edge and as such will be a very urban building. To the East of the site zs an underdew/oped single family lot. To the South is a multifamily building similar in scale to the proposed project. The proposed building has a total of four stories, with a maximum height of 62.8' to the top of the h(ghest roof clement. This zs much lower than the 95' height limit allowed for this site. In add Ilion the apparent bulk of the project is reduced through the usc of difforent materials on the buildingfacades. Stone will be used at the very base of the building. Brick will be used at the first two stones and lighter appearing plank siding is used at the next !WO levels. The building will be further modulated with bays, a mansard roof with dormers, and a turret at the corner. 200614_ Core Consult....J uris_DcsignGuidlincs.doc B. PARKING, ACCESS, CIRCULATION 1. Location of Parking: No parking shall be located between a building and the front property line or the street side yard of a corner lot. The proposed building is built nearlY to the properry lines on all sides therefore the parking is contained within the building stft/dure. 2. Design of Surface Parking: NA 1. Structure/ Garage Parking: Parking entries should not subordinate pedestrian entries and should not dominate the streetscape. Parking at grade shall be completely enclosed within the building or wholly screened. Parking garages should be architecturally compatible with the residential portion of the building. Garage parking should be secured. The street side of parking in the CD zone should incorporate retail or service commercial, facilities that can be used by the residents or units that have access from the street. Thm are two parking garage entries to the project, one for each leveL The garage entries are located off the a!!ey on the South side of the bUilding thus making them subordinate from the two streets the building fronts on. The parking is semred with garage doors. The commercial space and condominium entries occupy the most prominent portions of the street firmt. Due to the relativelY sma!! footprint of the project site it was not feasible to not locate a portion of the garage adjacent the streets. The parking is completelY screened from view by masonry building walls which are broken up with smooth stucco surfaces which emulate the patte171 used at the commercial storefirmt. The longest ''blank wall" on the West side of the building is located behind a 5' landscape strip used to further hide what is actuallY a parking garage wa!!. A sma!! area of ''blank wall" on the North side of the building is located behind a landscape area within the South 2"d Street right of wqy. 2. Vehicular Access: Parking garages should be accessed from side streets. Driveways should be located to be visible from the right of way and not impede pedestrian circulation. Minimize the number of driveways and curb-cuts. ~ . . The impact of the parking garage entries haJJe been minimized by placing them at the alley. 3. Pedestrian Circulation: Developments should include an integrated pedestrian circulation system that connects buildings, open space, and parking areas with the adjacent street sidewalk system. Pedestrian pathways should be delineated separate from vehicle circulation. The pedestrian entries to the buildil(g are at the most prominent locations. The proposed building will occupy most of the site and therefore the building entries are directlY '!If the adjacent sidewalks. The commercial entry is right at the corner of South r' Street and Morris Avenue South and the condominium entry is on the more prominent of the two streets. C. LANDSCAPING / RECREATION / COMMON SPACE 1. Common Open Space Attached housing developments of 10 or more dwelling units shall provide a minimum area of common open space or recreation area equal to 50 square feet per unit. This project consists of 24 dwelling units, which would require 1200 sf of open space. The proposed project provides a total of 1252 sf of open space. The open space will be accommodated by a rooftop deck area. The roof deck will be orientated to the West and to the North where advantage can be taken of territorial views out over the large open spaces of the Renton High School site. D. BUILDING ARCHITECTURAL DESIGN 1. Building Character and Massing All building facades shall include modulation or articulation at intervals of no more than 40'. The proposed building utilizes a variety of modulation and articulation elements. At street level the building is appropriatelY urban in nature and holds the property line except at the entry to the commercial space at the corner of South 2"" Slreet and Morris Avenue South where the building has been chamfered back to emphasize the mrner. Stone at the base and brick at the first two floors WIll anchor the building to its urban setting. Above street level the building is modulated such that there are no elevations longer than 40' on either of the two streets that the buildingftvnts on. .-. 2. Building Rooflines Building rooflines should be varied by emphasizing dormers, chimneys, stepped roofs, gables, prominent cornice or fascia, or a broken or articulated roofline. A variation of roof heights and forms are used in the project to hreak down the scale of the building and emphasize the corner location. Mansard rooft with dormers provide a cap to the building. A turret form at the street corner emphasizeI the torner location of the site. 3. Building Materials: Building exterior finishes should be durable, of high quality, easily maintained and add visual interest and detail. The base of the building is complemented with durable materials including stone and masonry. Stone is also used to emphasize the building entry points. The upper portions of the building use ''lighter'' appearing materials including bevel and pane! siding and finally slate appearing roof material on the mansard ;~------- TSA Architects, pIle Kent Smutny, Manager 200614_ Corr_ Consult-Juris_DesignGuidlincs.doc Chateaux Con __ . uction, LLC 807 S 3'" St. Renton, WA 98057 (425) 226-7766 fax (425) 226-2359 February 23, 2007 Construction Mitigation oevaOfTYOPMENT PlANNING OFReNTON . FEB 2 7 2007 RECEIVED The construction shall proceed in a professional and orderly manner in compliance with all jurisdictional codes and workman· like construction practices. Construction shall take place between the hours of 7 :30AM and 4:30PM Monday- Friday. We anticipate some Saturday work, but no weekday work outside of the aforementioned hours. Construction is estimated to jast approximately twelve months and shall commence upon receipt of the required permits, expected in August 2007. A detailed construction schedule will be available upon request prior to commencement of the project. The jobsite will be properly barricaded and posted. All traffic as required for construction shall proceed with the minimum impact upon the community and the surrounding neighborhood. All trucks arriving and departing will be scheduled to avoid peak morning and afternoon traffic times. Streets and the jobsite shall be kept orderly and clear of all construction waste debris. As necessary during the excavation process street sweeping will be implemented to reduce impact on the adjacent street. The preliminary traffic pattern for arriving will be from 1-405 to S 2nd Street turning left to enter the site off of Morris Ave S. Departing trucks will be southbound on Morris Ave to S 3rd Street and thence to 1-405. If the approved plan determines that it will be necessary for the trucks to load off site they will be loaded on Morris Ave and wewill have flaggers and cones set up to ensure pedestrian and vehicular safety. DEVELOPMENT SERVICES DIVISION ENVIRONMENTAL CHECKLIST City of Renton Development Services Division 1055 South Grady Way, Renton, WA 98055 Phone: 425·430-7200 Fax: 425-430-7231 PURPOSE OF CHECKLIST: •• <;LCt°1 PMEIVT 7Y OF RE~~/NG FEB 27 2007 RECEIVED The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable Significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most preCise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be Significant adverse impact. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For non project actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. H: \2006\200614ICorrespondenceI05 _Jurisdiction IRento nen vch 1st. doc02125/07 A. BACKGROUND 1, Name of proposed project, if applicable: The Chelsea 2, Name of applicant: South t'" Street LL C 3, Address and phone number of applicant and contact person: Applicant:2291 NE 6ri" Street; Seattle, WA 9811; 206-676-0016 Contact: Kent Smutny, TSA Architects, pllc, 10800 NE ~h St., Suite 300; Bellevue, WA 98004; 425-401-6828 x101 4. Date checklist prepared: February 23, 2007 5, Agency requesting checklist: City of Renton Planning/Building/Public Works 6, Proposed timing or schedule (including phasing, if applicable): Begin Construction -August 2007 Complete Construction -August 2008 7, Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain, None 8, List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. A "Level 1" report was prepared by Environmental Associates, Inc" October 2006. A Geotechnical study was prepared by Soil & Environmental Engineers, Inc" June 2005, A Traffic Report was prepared by Jake Traffic Engineering, Inc., February 2007 A Drainage Report was prepared by SDA Engineers, February 2007 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 10. List any governmental approvals or permits that will be needed for your proposal, if known. Site Plan Review Approval Conditional Use Approval Building Permits 11, Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. Development of a 4 story Mixed-Use building with 1100 square feet of commercial space, 24 condominium units and aSSOCiated parking contained within the structure. Site area is 7906 square feet. H :\2006\200614 \Correspondence \05 _ Ju risd iction\Rentonenvch 1st. doc 2 12, Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed proje~t, including a street address, if any, and section, township, and range if known, If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available, While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. See attached legal description, site plan, vicinity map and topographic information submitted as part of the site plan review application. Street address is 507 South 2"" Street; Renton, WA 98057 B. ENVIRONMENTAL ELEMENTS 1, EARTH a, General description of the site (circle one); ~, rolling, hilly, steep slopes, mountainous, other ______ , b. What is the steepest slope on the site (approximate percent slope?) Less than 1% c. What genenal types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland, See attached geotechnical report submitted as part of the site plan review application, d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe, No e, Describe the purpose, type, and approximate quantities of any filling or grading proposed, Indicate source of fill, 3000 cubic yards of material will need to be exported from the excavation for this project, f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe, Any erosion is not likely since the site is flat. Temporary erosion and sediment control (TESC) measures will be implemented, By implementing the TESC measures pursuant to City regulations the applicant will mitigate potential erosion effects during and after construction. g, About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 97% of the site will be covered with the proposed structure or other impervious surface. h. Proposed measures to reduce or control erOSion, or other impacts to the earth, if any: TESC measures will be implemented during the construction of the project, H:\2006\200614\Correspondence\oS_Jurisdiction\Rentonenvchlst.doc 3 2. AIR a. What types of emissions to the air would result from the proposal (Le., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. During Construction: Dust and emissions from construction equipment and excavation activities. After Construction: Automobile emissions from residents and patrons of the mixed-use building. The amounts of emissions will be compatible with the established character of the neighborhood. b. Are there any off-site sources of emission or odor that may affect your proposal? If so, generally describe. None c. Proposed measures to reduce or control emissions or other impacts to air, if any: Measures will include maintaining all power tools, equipment and construction machinery in good working order. 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. None 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No, the Cedar River is the closest body of water and is more than 200' away. 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill materiaL None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. No 5) Does the proposal lie within a 1 DO-year flood plain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and antiCipated volume of discharge. No H;\2006\200614\Correspondence\05_Jurisdiction\Rentonenvchlst.doc 4 b. Ground Water: 1) Will ground water be withdrawn. or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters, If so, describe. The proposed building covers most of the site and its roof drains will be tight-lined into the City of Renton storm water system. 2) Could waste material enter ground or surface waters? If so, generally describe. No, the only waste material will come motor vehicles and water carrying that material will go through an oil-water separator before being discharged from the site. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: Project will be designed to the current surface water regulations adopted by the City of Renton. 4. PLANTS a. Check or circle types of vegetation found on the site: __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other shrubs _X_ grass __ pasture __ crop or grain __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eel grass, milfoil, other __ other types of vegetation b. What kind and amount of vegetation will be removed or altered? The site was most recently used as a parking area. Grass growing through the previous gravel surface will be the only vegetation there will be to remove. c. List threatened or endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: See landscape plan submitted as part of the Site Plan Review application. H: \2006\200614 \Correspondence \05 _ Ju risdiction\Rentone nvch 1st .doc 5 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, Isongbirdsl, other _______ _ Mammals: deer, bear, elk, beaver, other .,.----". _______ _ Fish: bass, salmon, trout, herring, shellfish, other _____ _ b. List any threatened or endangered species known to be on or near the site. None to our knowledge c. Is the site part of a migration route? If so, explain Not to our knowledge d. Proposed measures to preserve or enhance wildlife, if any: Not Applicable 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed projecfs energy needs? Describe whether it will be used for heating, manufacturing, etc. Electric for heating, appliances and lighting; Natural gas for fireplaces b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: The proposed project will be designed to meet all Washington State energy code requirements. 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. There is a limited potential for risk of fire or spillage of fuel associated with hea vy construction equipment and motor vehicles. This is typical for all construction projects. The building will be designed to meet fire code reqUirements. 1) Describe special emergency services that might be required. A need for speCial emergency services is not anticipated. Occasional aid services may be required by the building inhabitants. 2) Proposed measures to reduce or control environmental health hazards, if any: The project will be constructed in accordance with al/ applicable OSHA regulations. The proposed occupancies are not prone to producing environmental health hazards. H:\2006\200614\Correspondence\05_Jurisdidion\Rentonenvchlst.doc 6 b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? General automotive traffic noise and occasional airplane fly over noise. 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. Short term: Associated noise to general construction activities. Long term: Traffic noise generated by the proposed project. 3) Proposed measures to reduce or control noise impacts, if any: Perform construction during the normal working hours established by the City of Renton. 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? There is currently no use associated to the site. Most recently the site was used as a parking area. Adjacent property uses include a multi-unit residential building, small businesses, Single family residences and a high schoo/' b. Has the site been used for agriculture? If so, describe. Not to our knowledge. c. Describe any structures on the site. There are no structures on the site. d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? Center Downtown (CD) f. What is the current comprehensive plan designation of the site? Center Downtown (CD) g. If applicable, what is the current shoreline master program deSignation of the site? Not Applicable h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the completed project? Approximately 50 people will reside or work in the completed project. H;\2006\200614\Correspondence\05_Jurisdictlon\Rentonenvchlst.doc 7 · . j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: Not Applicable L Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: The project use will be consistent with existing zoning and other land uses in the area and with the ongoing trend of development in the vicinity. The project will be reviewed by the City of Renton planninglbuildinglpublic works department to ensure compliance with local and state requirements. 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 24 market rate housing units are proposed for the site. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None c. Proposed measures to reduce or control housing impacts, if any: Not Applicable 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. The highest portion of the building is the peak of a turret roof at the comer of 2"" and Morris. The top of that roof is approximately 62.8' above grade. The height of the primary roof form, the top of a mansard roof is 49.9' above grade. The cladding of the first two floors of the building will be primarily masonry. Stories 3 and 4 will be clad primarily in plank siding. Roofing will have a slate appearance. b. What views in the immediate vicinity would be altered or obstructed? Views across the site from the North facing housing units in the multi-unit project to the South would be obstructed as would views across the site from the single family structures to the West of the proposed project. c. Proposed measures to reduce or control aesthetic impacts, if any: The applicant will work with the City throughout the Site Plan Review process to insure the development of an aesthetically pleasing project. 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? Light from exterior light fixtures on the project will be designed to be directed downward and not shine onto adjacent parcels. Other light sources associated to the proposal include interior lights and automobile headlights These lights will occur from dusk to dawn. H:\2006\200614\Correspondence\oS_Jurisdiction\Rentonenvchlst.doc 8 b. Could light or glare from the finished project be a safety hazard or interfere with views? No, the exterior glass will be non-reflective in nature. c. What existing off-site sources of light or glare may affect your proposal? None other than adjacent street lights. d. Proposed measures to reduce or control light and glare impacts, if any: Exterior light fixtures will be of a design to direct light downward. Exterior building finishes and glazing will be non-reflective in nature. 12. RECREATION a. What designated and informal recreational oppo rtunities are in the immediate vicinity? Renton High School with various activities is to the immediate Northwest of the site. The Cedar River Trail is several blocks to the North and the City baseball recreation Center is to the East. b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: The project will be designed to incorporate required open space. 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. None on site. None to our knowledge next to the site. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None to our knowledge. c. Proposed measures to reduce or control impacts, if any: None 14. TRANSPORTATION a. Identify public streets and highways serving the site. and describe proposed access to the existing street system. Show on site plans, if any. Access from the East is off i'" Street to Morris Avenue and access from the West is off 3'" Street to Morris Avenue. Parking for the project is accessed from an alley off of Morris Avenue. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is within approximately 400' of the Renton Transit center on Burnett Avenue to the East. c. How many parking spaces would the completed project have? How many would the project eliminate? The project will have 31 parking spaces. The project will not eliminate any spaces. H:\2006\200614\Correspondence\o5_Jurisdiction\Rentonenvchlst.doc 9 d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No, see traffic study provided as part of the Site Plan Review application. e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. See traffic study provided as part of the Site Plan Review application. g. Proposed measures to reduce or control transportation impacts, if any: See traffic study provided as part of the Site Plan Review application. 15. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. Public services such as fire, police, postal, health care, school and other similar services will be required for this project. These services are generally available within the vicinity of the project. b. Proposed measures to reduce or control direct impacts on public services, if any. Impact fees required to be paid as part of this project will provide incremental mitigation to offset the increased need for public services. 16. UTILITIES a. Circle utilities currentl available at the site: ~lectricil'Yl. Inatural ga5/, ~, Irefuse serviC€/, ~elephon9l, anita sewe, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. AJI the utilities identified above are proposed for the project and will need to be extended from the right of way onto the site. C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. Proponent: Sooth 2"/ 5+. /...f.C, Name Printed: Miler" AcJ,.fuJ II.LII. Date: 2.-'3-07 H:\2006\200614\Correspondence \05 _Jurisd iction \Renlonenvch 1st. d OC 10 " S&EE FEB 272007 SOIL & ENVIRONMENTAL ENGINEERS, INC. DEC 16625 Redmond Way. Suite M 124. Redmond, Washington 98052. (425) 868-5868 FAX (425) 868-74t7' E'VED ~ --------I>I-*,c~InveGtment, LLC 7432 SE 27" Street Mercer Island, W A 98040 Attn: Mr. Evan Chan near Evan: June 9, 200S Report of Geoteclmicallnvestigations Proposed Apartment Buildings Renton, Washington S&EE Job No. 523 We at<: pleased to present herewith our Report of Geotechnical Investigation for the referenced project. Our services were authorized by you on May 18, 2005, al,d h.v. been provided in accordance with oW" proposal dated May 17, 2005. We appreciate the opporlllnity to provide our services. Should you have any questions regarding the contents of this report or require .dditional information, please contact the undersigned. :-NOv.:l.o-o6.J Very truly yours, SOIL & ENVIRONMENTAL ENGINEERS,INC. C. J. Shin, Ph.D., P.E. President 6-'1-oS" '2311>' S&EE TABLE OF CONTENTS 1.0 INTRODUCTION _ ..... _ ........... _ .............................. _._ ... _ ............ _ .... __ .......................................... 1 .;-_." 1.11 SCOPE OF SERVICES • .:.:.::::::. ..................... _ .......... _ ...... ______ ._ .. _ ... _ .......... __ .............................. t 3.0 SITE CONDITIONS .............................................................................. _ ........ _ .......................... _ ................... 2 3.1 SURFACE CONDITIONS ................................................................................................................................. 2 3.2 SUBSURFACE CONDITIONS ......................................................................................................................... 2 4.0 CONCLUSIONS AND RECOMl\lENDA TlONS .............. _ ..... _ ............................ _ ....................... _ ........ _.4 4.1 GENBRAL ......................................................................................................................................................... 4 4.2 PILE FOUNDATION ........................................................................................................................................ 4 4.3 l.ATERALEARTH PRESSURES ....... " ........................................................................................................... 8 4.4 TEMPORARY ANDPERMANENTEXCAVATIONS .................................................................................... 8 4.5 SITEPREPARATIONANDSTRUCTURALFIll ........................... " ......................... " ................................. 9 4.6 SLAB SUPPORT ........................................................................................................................................... 10 4.7 FLEXIBLEPAVEMBNT...................... . ....................................................................................... 10 4.8 SEISMIC CONSIDERATIONS ....... ...... ......... ...... ............. ........ .......... ........ ........ ...................... .. ................. II 4.9 ADDITIONAL SERVICES ........................................................................................................................... 12 AGURE I: SITE AND EXPLORATION PLA.'! APPENDIX A: FIELD EXPLORATION. LOGS OF BORINGS, KEY TO BORING LOGS S&EE REPORT OF GEOTECHNICAl" INVESTIGATION PROPOSED APARTMENT BffiLDINGS RENTON,WA~GTON For N + C lo"estmeot, LLC 1.0 INTRODUCTION This report summarizes the results of our geotechnical investigation for the referenced project. The project site is located .t the southeast corneT of Bouth 2'" S\n;et and Morris A venue South in Renton, Washinglon. A site and exploration plan is shown in Figure I which is included at the end ofthi. report. The project involves three apartment buildings with ,UTface parking areas. The buildings wiD be wood- f",med, 3-story structures without a basement. We antictpate that the maximum column and wallioada will be less than 250 kips and 10 kips per lineal foot, respectively. 2.0 SCOPE OF SERVlCES The purpose of our ioves!igation is to provide geotechnical recommendations regarding the proposed expansion, Specifically. our services included: I, investigation of soil and grOlmdwater conditions ot the site by the drilling of two soil test borings. B·l and B·2, Details of the exploration program and the logs of the borings are presented in Appendix A at the end ofthi. report, 2. Recommendations regarding foundation supports, 3. Recommendation regarding seismic design; evaluation of liquefaction potential and mitigation. 4, Recommendation regarding pennanentand temporary slopes. .52JJl)1 S&Ef: " 0-1 5. Recommendation regarding pavement and slab supports. 6. Recommendations regarding passive, active and a!-rest earth pressures and coefficient of tiiction ~ _________ .... for the..n:s~ofJoteralJoads. -.---._-.- 7. Reconunendations regarding site preparation, suilability of onsite soils for use as fill, types of suilable imported fill, fill placement techmques, and compaction criteria. 8. Five copies oftbis written geotechnical report. 3.0 SITE COI,,'DmONS 3.lSURFACECONDmONS The sile i. 88 reet by 9() Ceel in dimension and is bordered to the north by South 2'" Street, to the west by Morris A venue South, to the south by • 4-story concrete apar1men1 building, and 10 the c •• t by a 2-story wood building. Currently, the sile is vacant. The site surface is nat and covered with crushed rock and grass. 3.2 SUBSURFACE CONDITIONS The geologic map for Renten indicates that the project area has been modified by past grading aClivities. River cha,»,.ls have meandered through various portions of Renton since last glaciations and d"J'Osited a1luvi.l,oil, The upper portion ofthesc soils is typically soft and unconsolidated. The subsurface condition, at the project site were explored by the drilling of two borings, B-1 and B-2 on May 24, 2005. Both borings were drilled to a copth of39 feet. The boring locations are shown on Figure I and the boring logs are presented on Figures A-Ja through A-2b in Appendix A. A Soil Classification Chart and Key to Boring Logs are shown at the end of the appendix. Our borings show thaI the subsurfoce conditlDns al the project s,u, include fin over alluvial soils. The fill is 2 S&EE " about 3 feet in thickness and consists ofa loose silty sand. The upper 10 feel of the alluvial soils Is a scft and COl'llpROsible sih layer. This cmnpressible layer is in tum Wlderlain by sand and gn>vel which"", very loose to loos. in the upper 7 feet and become<; medium dense to dense below. depth oflO feet. Both boring. were terrnina1ed in the dense sand. Groundwater was encountered .t a depth of 13 feet m the borings. We expect that the groundwater depth will vary with seasons and pre<:ipil8tion. 5231'1'1 3 S&EE 4.0 CONC1.USIONS AND RECOMMENDATIONS 4.1 GHNERAL The subsurface condition, at the project site include loose fill oyer soft nati.,. soils and relatively shallow groundwater. It is our opinion that the risk of excessive foundation settlement would be intolerable if founded on shallow spread footings. Therefore, we recommend that the bUildings be supported by pile foundations. We believe that aug=ast piles are most suitable for the project as their installation would not generate vibration that could adversely impact the nearby slnlcrures. The pile foundations will also mitigate the impacts by liquefaction during strong earthquakes. Details of our recommendations are presented below. 4.2PnEFOUNDATlON We recommend thaI the proposed buildings be supported by 14-inch diameter augercast piles. The piles should be spaced, edge-to-edge, at least 3 (three) feel. The capacities aod penetration criterion contained in the following TABLE I should be used for design purposes. TABLE 1 ALLOWABLE PILE CAPAQTY Pile Pile Length Allowable Allowable Diameter (below bottom of Down" .. rd Upward Load (inches) pile cap, feet) Load (kips) (kips) 14 30 85 35 The recommended capacilies presented above are hosed on our evaluation of the strength of the supporting soils and for Ihe pile length indicaled The allowable d(]wTJward load representslbe total ofoll dead, live and seismic loads and includes a safely factor of,beut 2.5. The allowable upward load includes a safety 4 S&EE factor of about 2. Appropriate reduction for pile group efficiency has been included in the deriwtion of the above capacities. No further reduction is necessary. Structural characteristics of the pile material and fOlUldation connections may impose = stringent limitations and shoul.d~~~uated by the slnIctural eng~. Fe. have 88SlII!1<O.dJ!:JJlJa ~witb a 2R-day compressive strength of 3.000 psi will be used for the augercast piles. Reinforcement: We recommend that each pile be reinforced with a rebar cage in the upper portion of the pile and • center bar extending the full length. Lateral Pile Capacity; We recomtne1ld that the pile system be designed with the top of pile fIXed agoin.t rotation at the bottom of the pile cap. For such fixed-bead cOIJdition, the recommended allowable lateral capacities of piles are presented in TABLE 2. Pilc Diameter (inches) 14 TABLE 2 ALLOWABLE LATERAL PILE CAPACITY Later"' Deflection (inches) 0.5 Allowable Lateral Load (kips) 12 Note that reduction for pile group efficiency has been included in the derivation of the above capacity. No furth.,. reduction is necessary. Allowable lateral capacity can be increased or decr<ased in direct proportioll to the allowable lateral deflection, within the limits of 0.25 to 0.5 inches. Response to Lateral Load: We have evaluated the responses of the pile subjected to lateral loads using the computer program COM624. These respon.e.; mclude the lateral deflection, shear and moment along the pile shaft. The resulLs are shown on next page 5 S&EE x IN TABLE 3 RESULT OF lJITEAALLY LDADllD PILE ANALYSIS Proposed Apartment Buildings Renton, WA DEFI.1'crIO'l lI(},!FJ,T rurAL SIlEAR SOIL STRESS RESIST IN LBS-IN LBSIlN*'2 LBS LBSIlN FLElruRAL RIGIDITY LBS-IN"2 .*~*t t.***.**_ •••• *** •• * •• * ••• ***** *~*****.** .****.**** *.* •••••• * _00 .454E+OO -_80IE+06 _353E+04 ,1500+05 ,OOOE+OO . 566E·+I0 24.00 .4J8E+OO . .444E~06 . 220E+04 ,139E+05 ,IOOB+03 . 566E+JO 48,00 . 337E+00 -.13BE+06 .107E+04 , J07E+05 .J62Et03 . 566E+I0 72.00 .2401>;00 ,776E+05 .840E+03 ,658E+04 .173B+03 . 566E+IO 96.00 .ISlE+OO . 195E+06 . 1 28FA04 ,272M04 . 145E+03 . 566E+I0 120.00 .SIlE-OJ ,228E+06 .140E+04 -,196E+03 . 973E+02 ,566E+I0 144.00 . 340E-OJ .2041>;06 .131E+04 . , 179Et{.'4 .462E+02 ,5661>;1C 168.00 ,757E-02 ,153E+06 .112E+04 -.251M04 ,139E+02 ,5661!tlG 192.00 -,3400-02 ,912EtQ5 . 890E+03 -.2561!t04 -.789E+Ol . 566l!tl 0 216.00 -,5061l-02 . 330E+05 .6741>;03 -.2031>;04 -.539E+02 . 5661!t10 240.00 -.317E-02 -.674E+03 .554E+03 -.8261>;03 -,432E+02 . 566E+1O 264.00 -. 118E-02 -.99IE+04 . 589E+03 . ,71JE+Q2 -,197E+02 . 5661!tJO 2M ,00 ·.133E-03 -.747E+04 . 580E+03 ,180E+03 -. 261E+Ol . 566E+I0 112,00 . 165E-Ol -.306E+04 . 563E+03 ,152Et03 . 374E+Ol . 566E+I0 336.00 .11SE·03 -. 545E+03 . 554E~03 587E+02 .355E+Ol . 566E+10 360.00 .431£-04 ,000E+00 . 552E+0:; .OOOE+OO ,123E+Ol . 566E+iO Note: x e Downward distance from bottom of pile cap (inches) LATERAL WAD AT PILE HEAD = . 150E+05 LBS SLOPE AT PILE HEAD = .OOOE+OO INI IN AX I AL WAD AT PILE HEAD = 850E+OS LBS 6 S&EE Additional Latera! Resistance: Additional resistance to lateral loads can be provided by passive soil pressures against the pile caps. An equivalent fluid density of 200 pounds per cubic foot (pcl) may be used for design. The backfill material around the pile caps ,hoold be structural fill, the criteria of which are presented in Section 4.5 of this report. Pile Settlements: The total pile settlement is estimated to be about 0.5 inches. The maximwn differential settlement between columns is expected to be on the order of 114 inchea. The settlement will occur rapidly, esrentially as the loads are applied. Pile Installation: The installation of an "ugerea,! pile begins with drilling to the required depth with • continuous flight hollow-stem auger. After the desired depth i. reacbed. cement grout is pumped through the bollow-stem as the auger is slowly withdra",n. During the withdrawal, the auger is turning wi1h a positive rotation so that the soil cutting is not re.<Jepositcd in the hole. The grout is pwnped under pressure to fill the space being vacated by the auger. The wIthdrawal i. maintained at a slow and steady rate so thet • continuous grout colunm is placed from the bonom to the ground surface. A reinfOrcing cage is inserted in the wet grout immediately after the withdrawal of the auger. Cement grout must be pumped continuously during withdrawal of the auger, the rate of which should not exceed ahout 5 to 8 feet per minute. Also, alleast 8 reet of grout head must be maintained during the entire withdrawal. For adj."",,1 pil .. closer than fi feet (edge-to-edge), the minimum wailing period for installation is 12 hours. The groul volume discharged from Ihe pump :5 antIcipated to be about 1.5 to 2 limes the theoretical volume of the drilled hole. Such information is required to assess the integrity of the pile, and this assessment should be perfolmed at the time of pile installation. The grout volume is usually obtained by counting the number of pump slJOkes. As such, the drilling "ontmctor should calibrate the pump with the actuul <"unler prior to use for this project. The grout pressure al the pump should be maintained in the range of 150 to 350 psi, depending on the length oftbe feed ... hose used. The drilling contractor should provide pressure gages at the pump prior to drilling. We recommend that instanation of augercast piles be. monitored by a representative from our office to check thai proper inslallation procedures are followed. Our observalions will be used \0 assess the capability of each pile to support the design loads. Our fie.ld representalive wili also evaluate Ihe adequacy ofthe construction methods and procedures. Any problems which might arise, or deviations from the S23rpl 7 S&EE specifications, will be considered during our evaluations and approval of each pile installed. 4.3 LATERAL EARTIl. PRESSURES Lateral earth pressures on relaining walls or pennanent subsurface walls, and resistance to lateral loads may be estimated using the following recommended soill'arameters; Native Soils or Slructural Fill 35 50 200 Note; Hydrostatic pressures are not included in the above lateral eanh pressure., 0.5 n.. active case applies to wall' that are pennittcd to rotate or 1ran,late away from the retained soil by approximately O.002H, where H is the height of the wall. Thi. would be appropriate for a canlilevcn:d retaining wall. The at-rest case applies to Wlyielding walls, and would be appropriate for walls that are structurally restrained from latera! deflection such as utility trenclies or pits. Additional lateral earth pressures will result fTOm ,"mharge loads from floor slabs or pavements for parking that are located immediately adjacent to the walls. The surcharge-induced lateral earth pressures are uniform over the depth of the wa1), Surcharge-induced laterdJ pressures for th~ Ila~tive" case may be calculated by multiplying the apphed venical pressure (in psI) by the active earth pressure coefficient (]{a). The value orK. may be taken as 0.35. The surcharge-induced laleral pressures for the "at-rest" case are similarly calculated using an at-re,t earth pressure coefficient (Ko) of 0.5, 4.4 TEMPORARY AND PERMANENT EXCAVATIONS When l-emporary excavations are required during construction, the contl"actor ~hould be responslblc for the 523tpt 8 S&EE safety of their pe:rsormel and equipment. The follol\ongs cut angles are provided only as • general refcrmce: For temporary excavations less than 4 feet in deplh, the cut bank may be OXC8vaied vertically, For !e!llpon"¥ excavatioos-greater ibaD4feet in depth, lhe clll in tbe-botlonr4feet carrbe-vertiCllI malhe cut above the bottom 4 feet should be sloped no steeper than lH:IV (one horizontal 10 one vertical). Flatter slopes for all temporwy cuts may be required if seepage 0CCW"s. All per11lO",ent slopes should be no steeper ilian 2H: I V. Water should not be allowed to flow uncontrolled over the lop of any slope. Also, all permanenl slopes should be sceded Wlth the appropriate species of vegetation to reduce erosion and maintain the slope stability. 4.5 SITE PREPARATION AND SlRUCTIJRAL FILL We recommend thaI the site be prepared by re-compacting the lop 30 inches ofthe existing till soil at Ihe ground surface. We envision that the upper 15 inches of the soil in one half of the site be stripped ond stockpiled at ono1her half of 1he site. The exp"$cd subgrade should Ihen be compacted to at least 92% of 1heir maximum dry dermty as determined using ASTM D-I 55? \est procedures (Modified Proctor lesl). After the compaction is completed, the stockplled maleri.l con be rolled back. The upper lift should be compacled to 95% compaction. Same procedure can be followed for lhe second half of the site. Structural fill should be placed in the fill areas. The structural fill matmol. should meet both the material ond compaction requirements presenl<:d below. 523rp: Material Requirements: Structural fill should be free of organic and frozen material and should consist of hard durable panicles, such as sand, gravel, or quarry-processed stone. The on-site fill soil at the ground surface is suitable for Use as structural fill. 'Ine silty soil below the fill is nol suitable. Imported struclilral fill materi.ls can include sand, ,sand and gravel (pilnm), or crushed recycle concrete. Placement and Compaction Requirements: StTucturalfill should be placed in loose horizontal lifts not exceeding a thlckness of 6 to 12 Inches, depending on lhe material type, compaction equipment, 9 S&EE " and number of passes made by the cquipmenL We recommend that the structural fill materials be compacted to at least 95% of their maximum dry density as de1crmined using ASTM )),1557 test procedures (Modified Proctor test). 4,6 SLAB SUPPORT Assuming that the site subgnlde is prcpored according to recommendations resented in Section 4.5 above, building slabs can 1x: soil-supported, We envision that the soil at the sl.b subgrade will be disturbed Il!ld loosened by construction activities at Ibe time of slab oonstruction. We therefore teCOIIlIneOld that the ,ubgrade be proof-rolled or pro1x:d jU!!t before pour, Any wet and loose areas sbould 1x: over-excavated and backfilled with structural fill. In order to promote uniform support ond provide. capillary break, we recommend that slabs 1x: underlain by a 6 mil. vapor barrier OVer a 4-inch thick layer of free draining gravel. 4.7 FLEXffiLE PAVEMENT Assuming that the site subgrnde is prepared ac<:ording (0 recommendations resenled in Section 4.5 above, we beheve that the prepared subgrade will have a California Bearing Ratio (CBR) of at least 10, We recommend the following flexible pavement ,cetions for light and medium traffic conditions: For light traffic (Daily EAL = 5 or Jess; rew vehicles heavier than passenger cars no regular use by 2 or 3"""le trucks) Recommended section: 2 inches asphaltic concrete over 4 inches base course For medium traffic (Daily EAL ~ 20 to 80; maximum 2,000 vehicles per day, including not over 10% 2 or 3-ax1e trucks): Recomnlended section: 3 inches asphaltic concrete over 6 inches base cour .. S23rpr 10 S&EE -"'--- The base course should be compacted to at least 95 percent of the maximum dry density as determined by ASTM 0-1557 test method. The material should meet WSDOT ogg.egatc specification 9-{)3.9(3)and have the following gradation: Sieve Size l'ercent.Pysing . I !i ... inch 100 5f8-inch 50-80 1/4·inch 30-50 USNo.40 3-18 US No. 200 7.s max. 0/0 Fracture 75 min. 4.8 SEISMIC CONSIDERATIONS The project site is situated within Seismic Zone 3. We recommend thai Site Class E as defined in the 2003 me be considered for tbe •• ianne design. Liquefaction is a condition when vibration or shaking of the ground results in the excess pore press urea in saturated roil. and subsequent loss of strength. Liquefaction can result in ground senlement or heaving. In general, .oils which are susceptible to liquefaction incluCe saturated, I"""" to medium dense sands (i.e., below the water table). Based on our evaluation, the sandy soil. within the depths of 13 to 20 feet are liquefaction prone. Two inches of ground s.nlement can occur during and after earthquakes that cause a ground acceleration o[O.3g. This value would represent an earthquake magnitude about 7.5108.0. The pile foundations recommended in this report would penetrate the liquefaction zone and embedded in at least 10 feet of competent soils. Therefore, the impact to the building foundations would be negligible. We believed that the 30 inches of r<compacted soil at the ground surface (as recommended in Section 4.5) would provide a support mat under the pavement and slab-on-grade. Hence, distress/cracks from uneven ground settlement and thl! consequt:nt repaiy would be manageable. However. snuctural s1abs can be considered if the impact by the ground setllemem is to avoid. II S&EE 4.9 ADDmONAL SERVICES Additional services will be required during the design and construction ofthc project. We envision that these additional .etVicee may include the following; I. Review of design plans to confirm that our geotechnical recommendations are properly implemonted in the design. 2. Attendance of design meetings. 3. Provision of construction monitoring serviees. The tasks of OlD" monitoring service will include the followings: 3.1 MonitOring the installation of augercast piles. OW" representative will evaluate the capacity of each pile and provide recommendations as needed. 3.2 Mooitoring of ,ite subgrade preparation and compaction. 3.3 Monitoring the placement and compaction of structural Ii II. Our representative will confirm the suitability of the fill materials, perform field density tests, and .ssist Ole conlTactOf in meeting the compaction requirements. 4. Other geotechnical issues deemed necessary. 12 S&EE 5.0 CLOSURE The reeommendatioos presented in this report are provided for design PUJPOl!CS and arc based on soil conditi()]1~ disclosed by field 0bser\>a~~d subsurfuc.ex!,lo"'tion~ •.. Subsurface inf~ted . herein does not constitute a din:CI or implied WlllTlIIlty that the soil conditions between exploration locations CIIlI be directly interpolated or extrapolated or that subsurface conditions and soil variations different from those disclosed by the explorations will not be revealed. The recommendations outlined in this report are bued on tIx assumptIon that the development plan i. consistent with the description provided in lhis repon. If the development plan i. changer! or subsurface conditions different from those disclosed by the exploration are observed during construction, we should be advised at once so that we can review these condition., and ifnecesSat)', reconsider our design recommendations. S&EE • ~- \ .:; I : ~ il;1 I I : I , 6 . ., g ..J .. 'g "" * E 'i< 0 S-o. < <; III ~ .ID _I it , i I I ! ! I { "" I ftj UJ ! UJ co (/) APPENDIX A FIELD EXPLORA nON AND LOOS OF BORINGS 'TheilUbswfaee condi1i"""..,f-thc-.i\e were investigated by the drilling of Zlroihesrborings; B-1 8IJd"B'2on---- May 24, 2005. These borings were adVlltlced by. 4-inch diameter hollow-stem auger using a tmck- mounted drill rig. A representative from S&EE was present throughout the exploration to observe the driUin~ operations, log subsurface soil conditions, obtain soil samples, and to prepare descriptive geologic logs of the exploration. Soil.ample. were taken at a 5-foot interval in general accordance with ASTM 0.1 S86, "Standard Method for Penetratirnl Test and Split-Barrel Sampling of Soils". AfteI: the borings were terminated, the bclrehol .. were backfilled with a mixture of soil cuttings and bentonite chips. The boring logs are inclUded in this appendix. S&EE ·i 10 , t. , t, , , " , " • ••...... l. .... , ...... , Client: Dril6ng Methoc: Sample Melhod: Drill Corrtracior: Drift Dale: Ground Elevation: S&EE JoI> No. 513 HI! 1111 IIII IIII IIII BORING B~1 SoD Oe.seriptlcn Ml Brown and gray sandy sill and silty fine Mnd (damp)(ooft) Sp Gray fine sand with lraeo organic (wet)(very loose) Roddish brown line 10 medium gravel wilh fine 10 medium sand (wet)(loose) Boring log continued on next page (Figure A-1b) N+e Inve&tment.llC ~. hollow stem auge, ac:Ivanceo by truck-T.ount drill rig SPT (1 . ./1" ·1.0.) 5C1rnp!el (jriven by 140 It 2uto hammer HoU Drilling May 24, 2005 42 mel Figure A-1a Proposed Apartment Buildings 25 30 35 4G .••• Clen!: 7 to 11 111 " . " 16 12 " 13 H!; " . " Drifting Method: Sample Me1hod: Drill Cootrador: DMU Dale: Ground Elevalion: S&EE J!lbN>521 • den.e '" 28 to 29 feel • dense belo,.. 39 feel Boring compl~tcd at a doplh of 39 feet. BORING B-1 (Continued) Groodwater encountered at a depth of 1:3 feet during drilling N.C Invllstment., LLC 4" hollow stem auger advanced by IruCk .. mOlllJt drill rig SPT {1 AM. I.D.} sampler driven by 140 Ib autc hamMer Ho!t Drilrmg May 14, 2005 42 feel Figure A-1 b Proposed Apartment Buildings ~ 1 0 to i ~ , 2 , 2 , , I] ! =j t 1l .. .EO; co TO 10 I BORING B-2 !3 ~ Soil Dosorlption 8M Brown silly fine sand with trace f"'" gravel (damp)~oo.~)(flII) ------ I I I I MlJ Brown and gray sandy slit and siKy fine send (damp)(soft) SM j Brown fine gravel with fine to coarse sand (wet}(medlum dense) , ,. , " . " , 20 , ..... L. Client: Drifting MethOC': Sample Melhot!: Drll ContJe.ctor: Orll D.1e: Ground Elevation: S&EE .ilb No. 123 Grl!ly1~h bown fine to mediwo sanCl wtth trace mEKftum gravel (wet)(1oose to mediUm dense) Boring log continued on nexl page (figure A-2b) N+C Invesbnent. LtC 4" holJow stem ~uger advBnced by truck-mount drill rig SPT (1.4" -1.0.) 6ampler dnven by 1410 ib '!lIto hammer HoII Drlllin~ May 24, 2005 41 "'et FigureA-2a Proposed Apartment Buildings ~ . IJ I 1 j II I ~ SOlI DftBcripUon BORING B-2 (Continued) i [04 III :5 U i f~ : & 1rs ;" '8 i 16 35 n 18 :!J~ ,,, " 40 ... , .. Client: ontong Method. Sample Method: Drill Contr3ctOf: DrUi Date: Ground El£llIillion: S&EE Job No. 5ll ~--------------------------------Gr.ylsh brown fine .and (wet)(medlum de_I Grayish brown fine to medium sal1(l with fine to co .... gravol (wetl(medlum dense to den •• ) -blow count inflated by co",,", gravel Boring completed A' a depth ot 39 teel. Groudwaler encountered at a depth of 13 reel during drilling Note Investment, LLC 4-hoellow stem auger aClviincec:l by (rlJck·mourlt drUl rig SPT (1.4-·1.0.) IBmpler driven tt)' 140 Ib auto hamme' Holt OrHling May 24, 2il05 41 feel Figure A-2b Proposed Apartment Buildings S&EE UNIFIED SOIL CLASSIFICATION SYSTEM OI;SCRIPTION PEAT AND OTHER HIGHLY ORG"NIC SOilS DEPTH OF GROUNDWATER DURING DRILLING MAJOR DMSIONS CLEAN GRAVELS ~"'. ti th o.muoo ~ !I~~ ~I -' "",.-:n !E I~ g jW GRAVELS ·-WI:r.H-FINES II: d~~ ;'", filU ~"8LE l!) ~... ~~ ~ ~~ AMOUNT OF FIteS) CLEAN ~~ C?U SANDS ~h I~ ~ ~; ~~ !!; ~ (LITTLE ()A ~ ih~ ~ ""Ate; (§ ~~ n SANDS ~ "11 m I~ o !!~ WITH FINES h f g I~ ......... OC!M<.O AMOUNT OF !INS$) ~~ I Hi SILTS & CLAYS ~ ,,~ ~~ . (5 ~~ ~ .. LIQUID liMIT t.E88 ':"HI\N 150 thl!! ~~ o il! g~ !;g ~6 h -i z SILTS & CLAYS ~d z ~~ Ltc:lftD lIMIT G"EATEA THAN 10 -~~ IJ.. ~ . __ ., HIGHLY ORGANIC SOILS KEY TO SAMPLES SOIL CLASSIFICAnON CHART AND KEY TO BORING LOG PageS 513 South 2'" Street Renton August 10, 2005 Downstream Analysis OFF-SITE ANAL ¥SIS DRAINAGE SYSTEM TABLE SURFACE WATER DESIGN MANUAL, CORE REQUIREMENT #2 Basin: Mal' Creek ___________ ---=:S:.:II.bbasin Name: South Renton Subbasin Nllinber: Symbol DraInage Drainage Slope Distance ExIsting Potential Observations of field Component Type, Component from site Problems . Problems inspector, resource ~-ema" .- Name, and Size .. Description discharge i reviewer, or resident Type;Sheetflow.sw~ drainage basIn. vegetation. % --%ml e 1,320n. constrictions. under capacity. pondlng. lribut~~ .area. likelihood of probfem. stream. channel. pipe. cover. depth. type of sensitive overtopping, "coding. habftat or organism o:'Iverllow pathways, potential Impacts pond: Size: diameter. area. votllme destruction. 'Scouring, bank sloughIng. surfac:e area sedimentation. inct&ion. other erosion -c-----A CB I --1. _______ B C B TO CB I,' PIPE Esr:1hlished \ cgetafion O·:lX None None ---c--.. ~ -----~----. . CB TO MH I,' PIPE Under . .4,xor1(ble Rd i .1X·~0 None None --.~ . . ~.-- D MH 10 MH 12" PIPE s. 1'" STREET -l9-~6l None None """----"-"" ---~"-"-" --"" -.. "_._"-- E MH 10 MH 11'· PIPE S 1" STRFET ~6~-Mm Nf'ne None F MH 10 MH 11" PIPE SHA lTUCK AVE S Mtn-I.~2n None None - 9R·4iinR04 · . landAmerica Transnation October 31, 2006 SUGDEN FAMILY LLC AND OR ASSIGNS 807 S. 3RD ST RENTON, WA 98057 Reference No.(s): Order No.: Escrow Officer: Property Address: Buver I Borrowers: Seller(s): NW -20269163-CLB Carrie L. Bezates 507 S 2ND ST, Renton, Washington SUGDEN FAMILY LLC AND OR ASSIGNS N & C INVESTMENT LLC 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0541 In connection with the above referenced Order, we are enclosing documentation as requested. If we may be of further assistance, please feel free to contact any member of the team listed below Title Team Nathan Warwick (425) 646-8587 nwarwick@landam.com Sue Orrino (425) 646-8588 sorrino@landam.com Natasha Davis (425) 646-8586 natashacdavis@landam.com Mark Niklason (425) 646-8573 mniklason@landam.com 1-800-441-7701 Fax: (425) 646-0541 We thank you for this opportunity to serve you. Nathan Warwick Title Officer Enclosure(s) Cc: JOHN L. SCOTT First Pacific Marketing LTD N & C INVESTMENT LLC SUGDEN FAMILY LLC AND OR ASSIGNS Transnation Title Insurance Co Attn: THACH NGUYEN Attn: John Sugden Attn: N & C INVESTMENT LLC Attn: SUGDEN FAMILY LLC AND OR ASSIGNS Attn: Transnation Title Insurance Co · , Issued by landAmerica Transnation Ttansnation Title Insurance Company 14450 N ,E. 29 th PI" #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0541 COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or pOliCies of title Insurance, as Identified In Schedule A, in favor of the proposed Insured named In Schedule A, as owner or mortgagee of the estate or interest covered hereby In the land described or referred to In Schedule A, upon payment of the premiums and charges thereFor; all subject to the exceptions and conditions and stipulations shown herein. the ExclUSions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed ExclusIons from Coverage and Schedule 8 exceptions contained in varIous policy forms.) This Commitment shall be effective only when the identrty of the proposed Insured and the amount of the policy or policies committed for have been Inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and Is subject to the Conditions and Stipulations. This CommItment Is preliminary to the Issuance of such policy or policies of tItle Insurance and allllablUty and obligatIons hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policIes committed for shall Issue, whichever first occurs, provIded that the failure to issue such policy or policies Is not the fault of the Company. NOTE: THE POLICY COMMITTEO FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company Attest: By: Secretary President COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security Instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or Interest or mortgage thereon covered by this Commitment other than those shown In Schedule B hereof, and shall fall to disclose such knowledge to the COmpany In writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or If the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. uabillty of the Company under this Commitment shall be only to the named proposed Insured and such parties Included under the dennltlon of Insured in the form of policy or poliCies committed for and only for actual loss incurred In reliance hereon In undertakIng In good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In Schedule B, or (c) to acquire or create the estate or Interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated In Schedule A for the polley or poliCies committed for and such liability Is subject to the Insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or polldes committed for In favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified hereIn. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arisIng out of the status of the tItle to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover -WA (Revised 4/03) , . SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (lnduding but not limited to building and zoning lawS, ordinances, or regulations) restricting, regulating, prohibiting or relating to CO the occupancy. use or enjoyment of the land; (il) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or govemmental regulations, except to the extent that a notice of the enforcement thereof or a notice of ill defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Oate of Policy. (b) Any govemmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the publiC records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value wlthout knowledge. 3. Oefects, liens, encumbrances, adverse dalms or other matters: (a) created, suffered, assumed or agreed to by the insured dalmant; (b) not known to the Company, not recorded In the public records at Date of POlicy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the date the Insured claimant became an Insured under this policy; (C) resulting In no loss or damage to the Insured claimant; (d) attaching or created subsequent to Date of policy (except to the extent that this policy Insures the priority of the lien of the Insured mortgage over any statutory lien for services, labor or material or to the extent Insurance Is afforded herein as to assessments for street Improvements under construction or completed at Date of Policy); or (e) resulting in loss or damage which would not have been sustained If the Insured dalmant had paid value for the Insured mortgage. -4. UnenforceabJilty of the lien of the Insured mortgage because of the Inability or failure of the Insured at Date of Policy, or the Inability or failure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the state in which the land Is situated. 5, Invalidity or unenforceabUlty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth-In-Iending law. 6. Any statutory lien for services, labor or materials (or the dalm of priority of any statutory lien for services, labor or materials over the lien of the Insured mortgage) arising from an Improvement Dr work related to the land which Is contracted for and commenced subsequent to Date of Policy and is not financed In whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. 7. Any daim, which arises out of the transaction creating the Interest of the mortgagee Insured by this policy, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction aeatlng the Interest of the Insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer, or (b) the subordination of the Interest of the Insured mortgagee as a result of the application of the doctrine or eQuitable subordination; or (c) the transaction creating the Interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (I) to timely record the Instrument of transfer; or (II) of such recordation to impart notice to a purchaser far value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Indudlng but not limited to buUdlng lind zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (IIi) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land IS or was a part; or (IV) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof 01" a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting tile land has been recorded In the public records at Date of Policy. (b) Any governmental pollee power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not exduding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rlgl1ts of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse dalms or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the Insured claimant and not disclosed In writing to the Company by the Insured dalmant prior to the date the Insured claimant became an insured under this policy; (cl resulting In no loss or damage to the Insured dalrnant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In los$ or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest insured by this policy. -4. Any dalm, which arises out of the transaction vesting In the Insured the estate or Interest Insured by this pOlicy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or Interest Insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or Interest Insured by this policy being deemed a preferential transfer e)(cept where the preferential transfer results from the failure: (I) to timely record the Instrument of transfer; or (Ii) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover -WA (Revised 4/03) SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE-TO-FOUR FAMILY RESIDENCE (10-22-03) In addition to the Exceptions in Schedule Bf You are not Insured against loss, costs, attomeys' fees, and expenses resulting from: L Governmental police power, and the existence or violation of any law or government regulation. This Includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use Cd) Improvements on the Land (e) Land diVIsion (f) environmental protection This Exclusion does not apply to violations or the enforcement of these matters If nottce of the vlclatlem or enforcement appears In the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 15 16, 17 or 24. 2. The failure of Your existing structures, or any part or them, to be constrllcted In accordance with applicable building codes. This Exclusion does not apply to ..,Iolatlons of building codes If notice of the violation appears In the Public Records at the Policy Date, 3. The right to take the Land by condemning It, unless: (a) a notice of exercising the right appears In the Public Records at the Policy Date; or (b) the taking happened before the Policy Date and Is binding on You if You bought the Land without Knowing of the taking, 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared In the Public Records at the Policy Date; (c) that result In no loss to You; or Cd) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, B,d, 22, 23, 24 or 25. 5. Failure to pay value for Your nNe, 6. lack of a right: (a) to any Land outside the area spedfically described and referred to In paragraph 3 of Schedule A; and (b) In streets, alleys, or waterways that touch the Land. This Exduslon does not limit the coverage described In Covered Risk 11 or lB. CLTA STANDARD COVERAGE LOAN POLICY 1990 The following matters are expressly exduded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (indudlng but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (I) the occupancy, use or enjoyment of the land; (II) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation In ownership or a change In the dimensions or area of the land or any parcel of which the land Is or was a part; or (Iv) env4ronmental protectJon, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of III defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not exduded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or enOJmbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy, 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not exdudlng from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse dalms or other matters: (a) whether or not recorded In the public records at Date of Policy, but created, suffered, assumed or agreed to by the Insured dalmant; (b) not known to the Company, not recorded In the public records at Date of Policy, but known to the insured claimant and not disclosed In writing to the Company by the Insured dalmant prior to the date the Insured dalmant became an Insured under this policy; (c) resulting in no loss or damage to the Insured dalmant; (d) attaching or created subsequent to Date of Policy; or (e) resulting In loss or damage which would not have been sustained If the insured claimant had paid vaiue for the Insured mortgage or for the estate or Interest Insured by this policy. 4. Unenforceability of the lien of the Insured mortgage because of the inability or failure ofthe Il'l:sured at Date of Policy, or the Inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land Is situated. 5. Invalidity or unenforceablllty of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and Is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any dalm, which arises out of the transaction vesting In the Insured the estate or interest Insured by this policy or the transaction creating the Interest of the Insured lender, by reason or the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. Commitment Cover -WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing authority that levies ta)(es or assessments on real property or by the public: records; proceedings by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession, or claiming to be In possession, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public: records. 4. Discrepancies, conflicts In boundary lines, shortage In area, encroachments, or any other racts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensation Acts, nat disdosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) Indian treaty or aborlglnel rights, Induding, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the publiC or riparian owners to use eny waters which may cover the land or to use any portion of the land which Is now or may formerly have been covered by water. S. Any seNlce, installation, connection, maintenance or construction charges for sewer, water, electriCity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing liens by the records of any taxing author1ty that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, se ..... ltudes or Installations which are not disclosed by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water r1ghts, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States of America In the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or Improvement of the land resulting from the rights of the publiC or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly ha .... e been covered by water. 5. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an exlsttng lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-22-03) No general exceptions appear In these policy forms. Commitment Cover -WA (Revised 4/03) _der No.: NW -20269163 LandAmerica Transnation COMMITMENT FOR TITLE INSURANCE SCHEDULE A 14450 N.E. 29th PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0541 1. Effective Date: October 23, 2006 at 8:00 a.m. Commitment No.: NW -20269163 2. Policy or Policies to be issued: Owners Policy 10-17-92 Subdivider Rate with 100/0 Escrow discount Proposed Insured: SUGDEN FAMILY LLC AND OR ASSIGNS Amount: Premium: Tax: Total: • $625,000.00 $ 634.00 $ 55.79 $ 689.79 ALTA Loan Policy -1992 -Simultaneous Issue Rate Proposed Insured: Amount: Premium: Tax: Total: To Be Determined TO COME $ 0.00 $ 0.00 $ 0.00 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: N & C INVESTMENT LLC, a Washington limited liability company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company By ~~ if·flO) AUthOr[Ze~ srntLlre Preliminary Commitment Page 1 Order No. NW -20269163 EXHIBIT nAn LOTS 1 AND 2 IN BLOCK 1 OF SMITHERS SIXTH ADDITION TO THE TOWN OF RENTON, AS PER PLAT RECORDED IN VOLUME 26 OF PLATS, PAGE 47, RECORDS OF KING COUNTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. _rder No. NW -20269163 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: Schedule B of the Policy or Policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Standard exceptions set forth on the Commitment Cover. B. 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. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 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 PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: YEAR 2006 7841800005 BILLED PAID $1,903.60 $951.80 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $951.80. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: 2100 $158,400.00 $0.00 BALANCE $951.80 3. RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS AND ROADS, AS DEDICATED IN THE PLAT. 4. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. Page 3 _rder No. NW -20269163 SCHEDULE B -continued NOTE 1: THE COMPANY HAS BEEN ASKED TO ISSUE A LENDER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITIED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 2: ANY CONVEYANCE OR MORTGAGE BY N & C INVESTMENT LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITIED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 3: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS SUGDEN FAMILY LLC AND OR ASSIGNS. WE FIND NO PERTINENT MATIERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 4: ANY CONVEYANCE OR MORTGAGE BY SUGDEN FAMILY LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITIED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 5: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "TRANSNATION TITLE INSURANCE COMPANY" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 6: THIS IS A SALE TRANSACTION. THE SPECIFIC DISCOUNTED RATE CLASSIFICATIONS APPLIED TO THE OWNER'S POLICY, AND ANY LENDER'S POLICY ALSO REQUESTED FOR THIS TRANSACTION, ARE DISCLOSED IN SCHEDULE A OF THE PRELIMINARY COMMITMENT. OTHER DISCOUNTED RATE CLASSIFICATIONS MAY APPLY, INCLUDING THE: RESIDENTIAL RESALE RATE SHORT TERM RATE PRIOR TITLE EVIDENCE RATE BUILDER'S AND SUBDIVIDER'S RATE SIMULTANEOUS ISSUE RATE AITACHED IS A BRIEF DESCRIPTION FOR THESE RATES. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. YOU MAY REACH YOUR TITLE OFFICER, NATE WARWICK, AT (425) 646-8587 OR NWARWICK@LANDAM.COM. NOTE 7: THE CURRENT PROPERTY ADDRESS IS NOT AVAILABLE AT THIS TIME. NOTE 8: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITIING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING AR8ITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 9: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOTS 1-2 SMITHERS 6TH ADD Page 4 'der No. NW -20269163 SCHEDULE B -continued NOTE 10: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 11: WHEN SENDING DOCUMENTS FOR RECORDING, PLEASE SEND VIA TDS (TITLE DELIVERY SERVICE) IN THE YELLOW RECORDING ENVELOPES WHENEVER POSSIBLE. IF THEY MUST RECORD THE SAME DAY, PLEASE CONTACT THE TITLE UNIT FOR SPECIAL DELIVERY REQUIREMENTS. IF THEY MAY BE RELEASED WITHIN 48 HOURS, THEY SHOULD BE SENT TO THE FOLLOWING ADDRESS: TRANSNATION TITLE INSURANCE COMPANY 1501 -4TH AVENUE, SUITE 308 SEATTLE, WA 98101 ATTN: RECORDING DEPT. (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested or specified herein, the forms of policy to be issued in connection with this Commitment will be the ALTA 2003 Homeowner's Policy, the ALTA 1992 Lender's Policy, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy -1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy formes) referred to in this Commitment will be furnished promptly upon request. CWC Enclosures: Sketch Vesting Deed Paragraphs all recorded encumbrances Page 5 landAmerica Transnation ~.der No.: NW -20269163 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 425-451-7301 800-441-7701 Fax: 425-646-0541 Discounted Rate Disclosure Addendum -Sale This is a sale transaction. The specific discounted rate classifications applied to the owner's policy, and any lender's policy also requested for this transaction, are disclosed in Schedule A of the preliminary commitment. Other discounted rate classifications may apply, including the: Residential resale rate -To insure the buyer on a sale of an existing one-to-four family residence or condominium. Short term rate -If a title pOlicy has been issued within the last five (5) years. Prior title evidence rate -If a copy of a prior title policy or commitment issued by any title company is submitted with an order for title insurance upon land without a 1-to-4 family residential structure. Builder's and Subdivider's Rate -If the land has been or is to be divided; if the proposed purchaser/ developer builds for resale or lease; if divided parcels are being sold or leased; or for standard owner's policies following completion of construction. For a lender's policy insuring a development loan on land which has been or is to be divided and for a lender'S policy insuring a construction loan. Simultaneous Issue Rate -If an additional lender's or owner's policy is issued at the same time as the purchaser's policy, only a small fee is charged for the same coverage type and amount as the owner's policy. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. You may reach your title officer, Nate Warwick, at (425) 646-8587 or NWarwick@Landam.com. Please acknowledge your receipt of this rate disclosure by signing below. Name: ________________________ _ Date: Please return to company at: 14450 N.E. 29th Place Suite 200 Bellevue, WA 98007 Attn; Nate Warwick Discounted Rate Disclosure Addendum Name: ____________________ __ Date; THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY. THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH.UNLESS SUCH COVERAGE IS SPE<;IFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. SECTION: 18 TOWNSHIP: 23N RANGE: 05E ____ ~~~-n---------------,_~~~~\y~-----------------H 44 7 VAt.. ORO. 6-26-68 :' , , , , I ~c:.5 I &:Q I "'0 ~ : 1'5050 SF iOMOl : I •• " < 30 e~ .~ .. , 00 30 4 I , I 8 ~ I 9 7 ' ~, I t-;;P) : ,,~~ SF , , I : O'I!!S , , , 4 , , • , ::30 30 e AFTER RECORDING MAIL TO: N & C INVESTMENT LLC 7432 SE 27TH ST MERCER ISLAND, WA 98040 Escrow No.: 2(l051813 Tltl.Ord.rNo.: 001144129 STATUTORY WARRANTY DEED 200505230D2s.r.raoT THE GRANTOR(S) BETTY PUTMAN. as her separate estate whO 4 C9.&Ji~...I1. fi.ft.t.. 4.$ B-t:.tho m. p,.... ........ ,.., C< ~il1.1u..-i"(if '",d vaJI· for and In consideration of TEN DOLLAl(S (S10.00) AND OTHER GOOD AND VALUABLE CONSIDERATION In hand paid. conveys, and warrants 10 N & C INVESTMENT LLC. a Washington Limited Liability Company the following described real eslate, situated in the of King. State of Washington: LOTS 1 AND 2, BLOCK 1, SMITHER'S SIXTH ADDITION TO THE TOWN OF RENTON, ACCORDING TO THE PLAT THEREOF. RECORDED IN VOLUME 2fl OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON. Assessor's Property Tax ParceVAwount Number: 7841BQ.OOO5-08 SUBJECT TO: RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR ALLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, 'AVENUES, AlLEYS AND ROADS AS DEDICATED IN THE PLAT. Dated: _.::.S'JL!p,,;,,"'l'-''of:...c-______ _ 4 ... ~ 4rt;"d BETTY PUT STATE OF Washington ) S8, COUNTY OF I certify that I know or have satisfactory, evidence that BETTY PUTMAN islam the person(s) Who appeared before me, and said person(s) 'ackn'owledged that he/shalthey signed this instrument and acknowledged il to be hlslherfthelr free and volu-n!ary act for the uses and purposes mentlon~d I,n this instrument. ..... ~ ,. ~ . Dated: 9.bi'\..day of May, 2005 Notary Public irn'3nd fOI.the State of Wash1ngton residing at .x!e-I-.M.-- My Commission ~pire5: ./Yl ... 'f D!M, ~cer E2124947 05/Z3/2811 11:28 KING COUNTY. lolA r.. 14,44 •. ,0 SRLE $2 9,581.11 ,," -\~,\\IIIII."Hjl.I,'. I~,/~~!Y.~ .. f ~''''''< 't, Gl .... ~l ' •.... ..> \ " 1$ ~""I.f:,.t;)-~.-(.-~~.\v;:. f; , Ij·~p,h"imBndh>;;, t :: ~':!110''; ., ' .. ,,;-' .: 'i";,.\':}J.~lf.LON~! " i "~ ~":;",;i--:r~" §.~.,~ ~ \-=:-. ? · ..... d 'N'b\~-;~"" ·f <~'" Qi:{)··· .... ;:,-,."/." ',~.,., .' \~ \,I 1"_' _ . ...... ~'~~~~'\'" PAGEO'1 OF "1 • SMITHERS SIXTH ADDITION 10 THE TOWN Of' RENTON. Sc:o.le .I-)nch. i IOO·feet. ~ .. ' -~!t~:~~~tc -~,--;--: -,:c;~~~J~~:~t~~~~~~~i£:~~;;;~=~ ~'~~~:----~: ~ /..-'-~1~~~f~\ t "; •• r',' I ' I ; I: I :{ ;" : :, ... ' 1 6 ~. ,', : ----nlii'----: ::,{ , .' ...... ;, ".,,,.,.,,., 1.!. __ . , , , , ,;-i --~-• . ' , .. , +--: . 4" ~ -. ',. "':': :~ .. :.~ .. "",' '" -'.'.-.'.".:" ... ~" '.,J. ••• ,f":;i! J '.t.J" 'J ':./'··::.!i "-~-'e -:. "): ... , •• #~ :':, .,;;", ':':: .... ~ _____ A" .( ··i"t~:';.(:) ..... ~'" .. :<' ••..• , ... ",....... .-"f' .' ~5 , ~, , , ____ l_':.:-..i. _____ •• ,': !'::I,;' .J I~ .. ! ----") r ---.--------------, ,·:V( .-,.,' :' . r-J~--. ': -•. : ...• ~;.-... c,'.:.~L'iF.";' . .'i>,!.,'J;;.,.*~.': .~' i;;;~;,:;:;"';':~ -:::;:~.~~--, ,." : .'-' j ;-;; :, ':,~[r! '~.-., i t-· .. f-:', -. ---! f': ~ .i\~,:-:_;; >. ~, .. " : ·::·~:::~:~!~!~~,:~;r·~:.),:·: :::i' -:. ) -,1 ,,' Ih~u'h'J ct!rliflllhi>/ /he J!fa~ofjmillt~F'!'J .5,>:/tj Jiddifion to ~;b~!1nn:;'%:cto~:rr::~':t~K;ai~~:'I~d!s. tOl'~t!.~ t:md Caur.:>"'~ t:lrld on9~s Qre. showfl ~ cONedl!j,/f>(:1f rhe monumenfs hove be-en !Je~ and lo~ <1nri bJock CDmer3 staked llnthe. ground, i?,M. Tito[M., f1pproPt'ed b" /he. ,Qlfornc'l ond Eng"'f!!er oflhfl. Ct'lyDf Rf!"nfi;lf) /rYs Z71fl_ ria", Df !I",!JUs/ ,,;u II.P. Lol j)Q"j~ Cil!/lfllMn"y ~,t.H-a"'ey t.IIy Ef19r: -':.j I ," Dedica~ion £xom"'c-d and QPprov.-cf /ht".I:,t .(/Q':I 0f_:J"JL.A.D "Z.! ~,,;t'l!1.A./l""rJe!J __ AII~51 ChalrJl10n or 8D<Jrd'1 c, F b<J!i" CDtm"J Cammini"" .. r., Dep CluJ<. "'of (J(JOrdo( -- Counly Com"'I'~I~Mrs TioDmaS H!or#pr, Drops",,..,, --- --. ,// , , ., , DECLARATION AND COVENANTS, CONDITIONS, RESTRICTIONS South 2 nd Street referred to as the described herein, provisions of the. the Revised Code of FESE2VATIONS FOR THE CHELSEA, A CONDOMINIUM LLC, V'Jashington corporation, FEB 272007 hereinafBECEIVED "Declarant, " the sale owner of the makes ~his Declaration pursuant WashiLgton Condominium Actr Chapter Washingten. SECT~ON 1 INT~RPRETATION property to the 64.34 of 1.01 Liberal Construction. :'he provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for t.he development and operation of this condominium under the provis.ions of the relevant Washingtoit statutes. It is intended a1so that, insofar as it affects this Declaration and condomi.~liLm, the provisions of the Act referenced herein under \"ihich t;-lis Declaration is operative, shall be liberally constrJed to effect the intent of this Declaration. 1.02 Terms Consistent with Act. The terminology used herein is intended to have the me2ning set forth in the Act unless the context clearly requires otherwise. 1.03 Covenants Running With Land. It is intended that this Declaration (until terminated as provided herein, or as provided in the Act) shall be opera L. i va as a set of covenants running with the land, or equit201e servitudes, supplementing and interpreting the Act, and O?erdt~ng independently of the Act, should the Act be, in any respec:, inapplicable. 1.04 Singular / Plural, Etc. plural, and the masculine rr:ay The singular may include the include the feminine, or vice versa, where the context so ~e~uires. 1.05 Declarant Is Original Ow~er. The Declarant is the original owner of all units and property 3~d will continue to be deemed the owner thereof except as 20nveyances or documents changing such ownership regarding spec~fi~ally described units are filed of record. 1.06 Unit and Building BoundaL~_e_~. In interpreting the Survey Map and Plans, the existing physical boundaries of the building and each condominium unit, as =o~structed, shall be conclusively presumed to be the correct boundaries. 1.07 Captions and E:xhibit:.,S. Caption.s qiven to the var.iou5 Sec L ion3 herein ar~ far convenience only and are not intended to modify or affect the ml!aning of any of th.e substantive provisions hereof, rh~ various exhibits re.ter.:ed to herein and attached hereto shall be deemed incorporated herein tly reference as though fully set forth where such reference is made. l~oa Increase in Dollar Limit<. ~he dollar amounts specified in Sections 8, 12 and 13, maY.be increased in the discretion ~f the Board of Di4ectors. 1.0.9 Inconsistency ..... ith Bylaws. To the extent th..is Declaration is lnconsistent with t:.he Bylaws, the ~rovi~ions .of this Declaration control unle~s such provisions axe contrary to the Act. . L 10 Insignificant &"'ailure .• · The ti~le ':.0 any· conClominium unit ·created by this Declaration shall ~ot be affected by any ·insignificant failu~e of this Declaration or Survey map and Plans to comply with the Act. 1.11 Definitions. The following ~efir.itions shall apply in this Declaration, unless the context ~equi~es otherwise: 1.11,1 .... The Act" means the ~'a.:3hington Condomi.nium Act (~evised Code of Washington, Ch.apte.: 64.34), as amended from ti~e· to time. 1.11.2 "Association" or t:'e "Condominium Unit. Owners I Associa.tion" means all of the unit owners as a .profit Or' non-profit corporation opera tinq in accordance with the Bylaws and· with this Declaration a~ it is recorded, Or as ei~her may· be amended. 1.11.3 "Board of Direct Drs" means the indiViduals· appointed by the Declarant or elected by the hS'sociation· to manage and administer the propert:.y 1n accordance ..... i t:h· .the 8ylaws of the Association, this ·Declaration and the Act, after the .Declarant or his managing agent no longer pr-ovides s\l.ch management. Th~ term "Board of Di1:ectors" .shall alo5o refe.:-to the Declarant .acting as the .Board of DirectoI""~ d.uring .the ir.teri.m period dur1ng which the Declarant ~anages-a.nd administers the pro?erty, . .set forth ·in Section 7. 1.11." "Building" .me.ans the bu·ildinq or buildings . containin9 the. condominium units and :z:elated faci1.ities comp-rising' a pa~t of the property. 1.11. 5 "Byla ..... s .. means t~e Bylaws ot the Association as , inLtially promulgated by the Declarant and as amended fram time to time, whi·ch wi.th this Declaration provide for the organi:tation of -... the Association and for the admin'istrati.on Qf the proper'ty. 1.11.6 "Condominium" means th~ development including real property and improvements which is the: subject of r:his Declaration. 1.11.7 . "Ccaunon Elements" mean.::! the por·tians of the property described as sucb in this DecLaration in which each awne~ of a ur:tit ha:s an undivid~d percentage interest.. The common elements include all limited common elements. 1.11.8 "D~clarant" mean~ the undersigned, the party developing the condominium and sigr.ing ':ohis Declaration, or the heirs, .succeSs,or! oZ:: assigns thereof . . 1 .11 .9 "Declaration" means this instrument, as amenaed from time ,to. time, by which the property is slJ.brnitted ,to provisions of the Act. 1.ll.10 "Eligible Mortcagee" mean's the holder, of a. mortgage on a unit. that has filed with the .Secretary of the Association a'written request that it be'giv~n copies ot notices of any action by the Association that requires the con.sent of the Mortqagees. 1.11:11 ."Foreclosure" shall in.clude 'a judicial and non-judicial foreclosure, a real esta~e cont=act forfeiture, and a ~eed given in lieu of such foreclosure Or sale. 1.11.12,' "Land" means the ea=th and 'the free o.r occupied .space:, fot' a.n inde.finite distance upward as well as downward, subj'ect to the t=Jrovisions or limitations contained in Section 2.oi of chi.! Decla.ration, and, subject to l':'mitations upon the use .of airspace imposed and righ1=s "in ·,th.e use of the ai.J:spac~ qranted, by. the laws of the State of Washington or of th.e-United Sta.tes. 1.11.13 OTLimited Cornmon Element s" means those portions ,of the common elements described in Section 4. 1.1L14 "Mortoa.ge" shall mean a mortgage,. deed of trust I ,or real es't.a"te contract. 1.11.15 "Mo.rtgagee" .shall include a deed of tIUS t. beneficiary, a vendaX'. of a real estate cor.tract. and m.a.y be a mortgagee of the condominium or a mo.rtgagee of ,a unit . .1,.11.16' "Morr.qagee of a Unit" means the holder of a mortgage on a unit, wh~ch mortgage was reco=ded simultaneously With 3 or after the recordation of this Declaration. Unless tne context requires otherwise, the term. "Mo~tgag~e. of a Unit" shall aho be deemed to include the Mortgagee of the condominium. 1.11.1 i "Mortgagee of the Co:)dominium" means the holdeI of a mortgage on the real pro~e~ty which this Oeclaration affects, which mOItgage was recorded, ~rior to the ~eccrdation of this Declaration. The term "Mortgagee of t~e Condominium" does not include mortgagees of the individual units. 1.11.18 "~ .. includes -in individual. corporation, partnersh.ip, limit.ed partnership association., trust. governmental subdivision or agency, or other legal entity. 1.11.19 .. Property" 1rI:eans any fee. leasehold or other estate. or int.erest in, over. or, ur.der land, including structures. fixtures. and oth'er improvements the;::-eon and easements, rights and intere3ts appurtenant thereto wnier. by cLlstom, usa.ge, or law pass with a cODveyance of iand although not described in the contract of sale or in.strumen·t of conveyance. ?roperty includes parcels, ...,.ith or without:. uppeI or lower boundaries/ and spaces that may be filled wi tho air or wa:ter. ' 1.11.20 "Survey Map and Plans" means the survey map and the set of plans to be filed simul:aneously ~ith this Declaration showinq the location, ~oundaries and other information relatin9 to t.he land,' the buildings and the units, as required by the Act. L 11. 21 "Unit" ana "Condomihium unit" mean a physical portion of th'e condominium dl!signated :0::= separAte 'ownership;', the, bounda.ries_ ot which are des!:"ribed pu;:::suant to RelY 6"4 . .34.216{1}'(d). "Separate ownership" includes leasing a unit i~ a leasehold condarni~ium ·under a lease that ex~ire5 contemporaneously with any lease. the expiration or -teIrt).inatl.on of which will remove the unit from the condominium. 1.11.22 "Unit Owner" means a Declarant ot other person' who owns a unit or leases a unit'in a leasehold condominium under' a lease that' expire,s simultaneo1Jsly IJit.h any lease, t'he expiIal:.ion or te~ination of ~hich will remove the' u~it from the condominium, but does not include a person who has an interest in_ a unit solely- as s~curity for an obligation. "Unit. Owner" means the vendee, not the vendor, of a unit under a real est.ate contract. 4 S~CTlON 2 DESCRIPTION or LAND, BUILDINGS, AND UNITS 2.01 Land Described. 1he Declaran~ is the sole owner of the tract. of property legally described in Exh.ibit "A" hereto on which the buildings and Dmprovements are or are to be located and which is being developed as a condominium. 2.0"2 De'scription and Loea tion of t.he Buildings. As set forth and located on the Survey Map and Pla~s filed in conjunction ~ith this Declaration, there are three (3) buildings in Phase One of the Condomlniu~. There are three (3) buildings in Phase Two and four (4) buildings in E'has~ Three·, . . 2.03 .other lmprovements. '.A sport court and children's play area are. planned tor a project to be: built on the adjoining property to the north. If that project: is d.eveloped, it is anticipated that unit Qwne-r;s wi-ll be able to use these: improvements under the terms aE a joint use ag~eeme~t to be negotiated. 2.04 Designation of Condominium Units. The desiqnation of each unit il1· Phase One, and other data concerning .its proper identification are sec forth in £:<:hibit ,rB" and on th.e Survey M.ap "and Plans flled in conjunction ·.dth this Declaracion. l'he· Condominium Project conta.1ns fourt.een (14) units in' Phase 'One, fourteen (14) units in Phase Two! and seventeen (17l units in Phase 'l'hree~ Data concet"ning the proper identification of un.its in Pha&es Tw.o and Three are set forth in· Exhibit.s lie" a.nd. "D", 2 .05 Development in PhasEls, Declarant rElserves as Special Decl~rant and Development Rights the ability "to develop the condominium Proj e_ct in three (3) phases. As provided. herein, upon the completion of phases Two' and Three. each of them will be added· to the Condominium Project and qecome part af the project. SEC.TION 3 O~SCRIprION or COMMON ELEMENTS 3,01 DescriPtion 'of Common' Elements. consist of tne following: The common elements 3.01.1 Land. The land above described an which the buildings are situat~ studding, 3.01.2 joists, Structural Elements. beams. suppo::ts, Iolalls 5 The foundations, (excluding only non-be.aring interior .partitions 0:; the units) r rooFs, chimneys and firepla<:e walls, it any, and _all oth.er struc;tu.ral parts of the puildings to the bounciarie3 of the unit under the Act. 3.01. 3 central Services. The wires. pum.ps, motors, fans, ducts and ~ll other parts or apparatus of any common utility service, su~h as power, light, gas, hot and cold water, heating. air conditioning, incinerating, elevator and ~ewer ~hether they are located in partitions or other~ise, excluding the hot ~ater tanks, baseooard heaters, air conditione:::s and other sueh appliances located within individual units. central Laundry facilities, sauna facilities, and cbmmunicatio~ elements, if any. 3.01.4 Access E"eatures. The cQrridors, lobbies and, halls outside the units, st.ai.:n.tays. elevator.s and eleva.tor shafts, and the entrances and .exits of the buildings. 3.01.5 Landscaped Areas. The yards, landscaped areas whien surround the building, and built into 'or adjacent to the bUildings. gardens, and any planter:s 3.01.6 Walkways and Driveways. The driveways and W'alkway~ p,rov-idinq access to the building arLd the. parking area:s .• 3.01"7 ~.reas for Equipment; Equipment. The roOms dr,. areas containing· the elevator machinery, electrical, or othel: buildinq eqUipment, a:,-d any such machi:'Lery or:equipment it:>el~. 3~Ol.e ~efuse Disposal. The containers or equip~ent . for re.fu.se .disposal, the refuse .:::hutes, and the rooms where they are located or whez:e . .refuse is placed. .or stored. 3.01:9 All Othe;r Parts of, the ?roperty Necess03ry or Convenient to the condominium IS existence, maintena~ce and safety, or normally in common. use, including the ::'oathou.se and dock and unit if any, designated for the use of the building man.ager in toe Survey Haps a.nd 1?1'a1'.s. 3.01.10 POJ;tions of Comrt'.on Elements to be Maintained by ~. Certain items .... hich are ordina.r;ily conSidered common elemen~s, ~uch as but not limited to screen doors, windo~ scre~nSr _awnings, storm ~indows, planter boxes, and the like. may, pursuant ,to !II decision of the: Board of Directors and specificat.ion in the Bylaws, 0.1" rules and regulations .adopted ~y the Board of DiI:ectors, be desi9nated as i't.ems to be furnished and mi:l:inta1ned by owners at thei: individual expe~se. 3.02 Declarantls Rights to ~od~fy. The Declarant may, within one (1) year from the date of recording this Declaration t modify certain aspects of the common elements to improve their usefulness to the condominium. The Declarant reserves the right to make any such modifications in its sale discretion. This section is not limited i~ its extent and affects all the common elements. SECTION 4 DESCRIPTION OF LIMITED-COMMON ELEMENTS 4.01 Description of Limited Conu:l.On Elements. The limited common elements, which are reserved fer the use of designated units to the exclusion of the 6ther units, consist of the fallowing: 4.01.1 Balcony or Dc~ck. The balcony or deck accessible from any unit as show~ O~ the Survey Map and Plans. The boundaries of such elemen~s ure defined as the interior surfaces of the walls, floor, ceiling, I,.;rindows, ground, railings, or fence enclosing such elements. If no such enclosure exists, the boundaries shall be as depicted O~ the Survey Map and Plans. 4.01.2 Flues. The interior of the fireplace flue serving any unit. SECTION 5 PERCENTAGE INTEREST AND VOTING R:GHTS OF EACH CONDOMINIUM UNIT· 5.01 Voting Rights and Unit Percentaqe Interests. The established percentage interests shall be deemed to be conveyed with and as an encumbrance on ~he units, although not mentioned in the instrument evidencing the encumbrance or conveyance. The percentage of undivided in~GreSL is determined and allocated based on the approximate sqcare footage for each unit. 7 SECTION 6 CONDOMINIUM UN= T O~INERS' ASSOCIATION 6.01 Form of Association. On or before the date the first unit is conveyed, the Condomir::ium Unit Owners Association (the "Association") will be inccrpor2ted as either a profit or a non- profit corporation under Lhe 12h's of the State of Washington. The name of the Association shall be the "The Chelsea Condominium Homeowners Asscciation." 6. 02 Membership. Each of the unit owners f including the Declarant, shall be a member of the Association and shall be entitled to one membership for each unit so owned. 6.03 Transfer of Membership. The Association membership of each owner (including the Declarant) shall be appurtenant to the unit giving rise to such membership, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except upon the transf~r of :itle to said unit and then only to the transferee of title to such unit. Any attempt to make a prohibi ted transfer shall be void. Any transfer of title to a unit shall operate automatically to transfer the membership in the Association appurtenant thereto to the new owner. 6.04 Number of Votes. The toc:al voting power of all owners shall be 100 votes, and the total num\:)er of votes of the owner or owners (hereinafter referred to collectively as "owner") of any one unit shall be equal to :he percentage of undivided interest in the corrunon elements pertaj ni:lg to such unit as set forth in Section 5.01. 6.05 Voting Owner. The oltme.:: of each unit shall designate one representative to represen: him in the Association, by written notice to the Board of DirectoI's. A designated representative need not be an owner of a uni t. A designation may be revoked at any time by the owner of the :lnit on written notice to the Board of Directors, and the deac:h 0 ..... judicially declared incompetence of all persons constituting the owner of a unit shall revoke the designation; provided, however r lhat such revocation shall not be effective until the Boa rei 0:: Directors has been notified. Where no designation is reade, 01: where a designation has been made, but is revoked and ::10 ;lew designation is made, the designated representative of such unit shall be the group comprised of all persons cO::1sti tu-:::ing the owner. I f a person owns more than one unit, he s~lal] have the votes for each unit owned. The Declarant shall je the voting owner with respect to any unit: owned by j. t. Nat. ural persons, partnerships, corporations, trusts or other leqal 8 entities may own or have an ownership in:erest in units. 6.0tS: Pledged Voces. In the event the owner of a unit has pledged his vote regaJ;dinQ special matte.rs to a mortgagce l and written evidence of the pledge has been· filed with. the Association, only the vote of such mO.-t'tgagl!!!:e will be recognized con1;erninq the special matters for which the vote was pledged. This para9rapb shall not be amended without the written consent of all the owners and their respective mortgagees. 6.07 Joint Owner Disputes. 7he vote for a unit must be cast as a single vote, and· fra-ctional votes shall not ·be allowed. In the event that jOint owners are unable ~o agree among themselves as to holtl their vote or votes Shall be cast, they shall lose thei.r right to vote on the matter in question. In the event more than one vote is cast far a parti1;ular unit none of said votes shall be count~d, and said votes shall oe deemed void. 6. as Annual Meetings. 'the Association shall hold i"ts annual meeting in the first quarter oE each year at: such reasona.ble place and t1roe as may I;le designated by written notice of the Boa,rd af Oir~ctors to the owners no less.than !~fteen (15l. d~~s prior to the da~e fLxed tor the meeting. 6.09 Special Mcetings. A special meeting of the. Association may be. called .by the President I a majo.rity of the Board of Directors, or at-che written request of the owners havinq twenty {20r or more vote;s .. Written notice shall be given to all owners not Les~ than fifte~n (15) days prior to the ~ate fixed for the . special meeting, in ~ocordance with the Bylaws. 6.10 Quorum. The quorum at an annual or special meeting of the Association shall be the presence, in person or by prOKy,, of owners having fitty-one {51} or more. votes. rf a quorum is present at any ~uch meeting, any aotion may be taken by an affirmative vote of a majority of the total vote.s pr.esent at the meetin.9! unless otherwise expreaslY'provided herein. In the event a ~orum is not ·.pr~sent at any meeting,· the o ..... ners present, thougb less than a. quorum, may adjouxn the· meeting to a later date and give notice thereof" to all. the Ow-nen in accordance with the notice provisions of this Declar~tion and at the reconvened meetinq the owners present shall .constitute· a quoJ:um provided they have at least t·wenty-fi ve (25) :vote.s;· provided further, tha t at such r,ee:onvened. ·oie.eting, no amenciment t? e.he Declaration shall be adopted except as pxavided in Section 19 berein, and ho ~m~ndrnent to the Bylaws may be adopted unless owners having 3ix~y (60) or more votes vote in favor of such amendment, and all other req'.lirements of the Bylaws· are sa.tisfi~d.·. 9 SECTION 1 ADMINISTRATIOK DURING INTERIM PER!OD, ELgC!ION OF BO~RD Of DIRECTORS.~ND OffICERS, AND ADOPTION Of BYLAWS 7.01 Adoption of Bylaws. The Declarant shall adopt the ~nitial Bylaws of the A.ssoc~ation to provide tor the a.dministration of ehe condominium consistent with this Declaration and the Act. 7.02 Management by Declarant. prior to the conveyance of the fir!!5t unit. the Declarant shall appoint the initial directors on the interim BQard of Directors of three (J) persons who need not be unit owners. This interim Board of Di:-ectors (and the Dec:.la.r::ant prior to the appointment of such Beard of Directors) shall exercise the rights, duties and functions 'of the 8oa~d of Directors as set forth in this Declaration until t.he Declarant ca.lls a special meet.ing or the Associa.t.ion for the purpose of electing new directors to the interim Board ot Directors as set forth, in Section 7.03;·provided that. after ~~pointing t~e ir.iti~l directors of the -interim·. Board of Directors, the Declarant in. the exercise of its sole discretion may at any time remove such directors and appoint replacem.ent direc:tor:s: except as limi ted' in Section 7.07 below 'or d·irectors elected by th.e unit owne E:'S ather than t.he Declarant. 7.03 Election by Un·it:· Owners. The Declarant sha.ll call a special meeting of toe Association to boe hel.d no ·late.r than si)Cty .. (60) days after the conveyance of twenty-five percent (25%} ·of the units foE:' the purpose of electing one (1) member to the interiJn Board of Directors. Su~h director shall be elected by the majority vote of unit owners ·other than the Declarant, and ~hall serve until the final' Bo~rr;J of Directors ·is electe-d pursuant to Section 7.04 .. 7. a 4 Election of the Board. of Directors. The Declarant shall call a special meeting of the Association for the. purpose of electing the .tinal Board of oirecta=s for ~hase One or ~ha~e One ·and Phase Two to be held no· later than the earlier Of·: {a') thre.e (3) years from the first conveyance of record of a unit in Phase One excepC as security fo'r a debt: (b) t",o 12) years from "the date of the last conveyance of record of a. unit ~n Phase One except as security for a debt; or ec) .si:.r:ty (60) days from the date on \II1hich the De'clarant 'shall have closed. the sale of seventy-five percent (75tr) of the units in E'hase .On:e. At the special meeting th.e-unit owners in. Phase One shall elect Lhe final Board o,f Dire-ctors con:s:ist:inq of thre-e (3) persons, a majority of whom .shal~ be un.it 'owners, and who shall serve with,?ut compo:nsation .. At the first annual me·etinq following t:.he recording of an amendment adding Phase Tnr,ee to the condominium, the Board of 10 -. Director~ shall be expanded to five (S) persons, a majority of whom shall be unit own.ers, and W'ho shall serve without. compensation ... ~t this ~nnual meeting, the unit owner~ ~hall elect two (2) additio~al persons to the Board of Directors. 7.05 Term of Directors. The ter~ of oftice of the directors "elected pursua.nt to Section 7.04 sha:'l be two (2) years, wi th one (1) director, or three (3) directors a.fter the add.ition of Phase Three tJeinq elected at each annual' meeti:"l.g' during even-numbered years, and two (2) directors tJeing elected at each meeting during odd-numbered years. At the special meetings provided for in Section 7.04, the newly elected directors so elected shall, by lot, detepmine whether each shall have a one or two-year term to stagger the e:.o:piratian dates of t.he terms of the appropriate. number of' d.irectors. Any direct:or may be elected to serve-for an additional te'rm or terms. 7.06 Vacancies on Board of Directors; Vacancies on the Soard of Directors may be filled by the remaining-directors. Any di:rector may be removed CI-nd a successor 21ected for the unexpired portion of his term by a two-thlrcis vote of the owners present at ~ special me~ting call@d for such p~tpOSe. 7.01 Removal of Oirec::tors by Unit Owners. The unit o\oJners, by- a two-thirds vote of the voting power in the Association present and entitled' "to vote at any meeting of the unit ow.ners at wbich' a. quorum .is present, may remove a.ny membe::." of the Board. of Directors with or without cause, other than a member appointed by the Declarant. The Decla.rant may no-t !:emolJe any member· of t.he Board of Directors elected by the Onit Owners. Prior to the election of. the final Board of Directors pursuant ta section 1.04, the unit owners', .ot.her "than-the Declarant, may .remove, by a. t.wo-third.:!! vote, any· directo:r-electe~ by the unit"owners pursuant to Section 7.03. 7.0S-Quorum. During E'ha:se One and Two, ~wo' (2} members oc the Board of Directors shall be required for a quorum. The Board of Direct-ors shall act by majori_ty vote af those present at. its meetings where a quorum·ex~sts. Meetings may be called, held and cond.ucted. "in accordanc:e with such rules and regulations as the Board of· Directors may adopt. If the Board af Directors expands to five, chen three (3~ members ~hall be ceguired for a quor~. 1.09 Officers. The Board of Directors shall elect a Presiderit of the Association 'from among. its members, ..,ho sha~l hold offi'ce for' one (1) year or until hi.s .succeS!3or is elected and· shall preside over both it's meetings ami those af ~e As:soc1atiorl~ The Board oE Directors shall also elect a Vice President and a 11 Secretary/Treasurer who shall hold office for one (11 year or until their successors are elected. 7.l0 Indemnification. Except director~ Or officers ~lected or· appointed by the Declarant who breach a fiduciary duly owed to the uni~ owners, eve~ director and officer shall be indemnified by the .,A.ssociation against all expe:t1ses and liabilities, including' counsel' fees, reasonably incurred by 0': imposed upon him in connection with any proceeding to which he may b~ a party, or in which he ~ay become involved. by reason of his being or having been a director or officer of the Association, or any settlement thereof, Whether or not he is a director or offic~ at the tim.e such expenses are incurred, -except in such ca3es where the director or officer is adjudged,guilcy of ~illful misfeasance or malfeasance in th.e performance of his dutie.s; provided that in the eVent ot a sett.lement; the indemnification ?rcvided herein shall appl·y only when the Board of Directors approves ~uch settlement and reimbursement as being in the best interests of the Association.. The foregOing rights of indemnification shall be in additio,n to-and not exclusiv.e of all other rights to which such director or ot'ficer may be entitled. 7.11 No ·Peisonal Liability. Except as ?~ovided in the Act. for torts which were committed by the Declarant or for which the Declarant is exp'ressly made liable, and 50 long as a director, or an Association committee member, or a~ Association officer, or Declarant. exercising the. powers of the Board of Oirectoi;:s, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed tiy such person, then no such person shall be personally llable to any. owner, or to any other party, in~luding the Association, Lor any damage., loss or pr.ejudice 5uffeJ:ed or claimed on account. ot any act, o~ission, error or ~egligence of such personj provided, that this ·section shall not apply where ~he consequences of such act, omission, e.t:J:o"r or negligence are coveted by insurance obtained by -' t.he Board of Directors. . 7 ;12 1Wendment of Bylaws. The syta. .... s may be. ame:l1ded, in whole or in part. by the Board of Directors or by vote of unit owners havinq 'six:y percent (60!!) of the voting power -at .any annual meeting or special meeting called for that PQrpose. The Board of Directors shall n.ot ame.nd or repeal any Bylaws ad.opted by the owners; provided that the owners· shall not amend the.Bylaws wi~hout the DecLarant's written ·consent Until the Declarant has closed the sale of seventy-tive perce~t (7S~} oE :he units. 12 SEcr:ON 8 /\U!HORITY liND DUnES Of BOARD 0, DIREC!ORS 8.01 AuthoIity of the Board of Di.:ectors. The ~oard of Dire~to~s, for the benefit of the condominium and the owners, shall enforce the provisions of this Declaration and of the Bylaws, shall have all powers and authority permitted to the Board of Oir~ctors under the Ac~ and this Declaration, and shall acquire and pay for out of the common expense fund, hereinQite= provided for, all goods and ~ervices requ~site for the p~aper functioning of the conaominium, including but not limited to the following: 8 .. 01.1 Utilities. All necessary utility services for the common elements and all such services tor the· limited . common elements and the units if not separately metered or charqed, in which ca.:se.. the Board of Di.l:ectars may by t"easonable formula allocate a pO.l:tion of such expense to each such unit involved as part of its common eKpenses. 9.01.2 Insurance. Policies of insurance or bonds h.azards, liability for and for fidelity of as the same aIe more ?r.oviding ,coverage for tire and ethel:' personal ~nJury· and propei'-cy damage, Association officer5 and otheI employees, fully required herea!ter and in the Bylaws. B . 01. 3 Additions to Common Elements. Additions or improv~ments to the common elem~nts not provided ~y the D~clarant, 8.01.4 Wo:clanen IS Comoensation Insurance. Wor!crnen I s compensation insur·ance to the extent. necessary to .comply with any applicable laws. 8.01.5 Mana:ger •. The services of a person or firm to manage the b.uilding (herein called the "Man.ager") to the extent it deems adVisable. as well as such other perscnnel as are necessary in its opinion for the proper ·operation of the con.dominium. The Board of Directors may delegate any of its duties, powers or functions to the Manager, provided that· any such delegation shall be under a written contract permitting t.ermination by the Association,. for cause, upon 30 days' ..... .r·itten ·notice and also permitting termination by either party ~ithout cause or payme~t of a termination fee, on 90 d.ays I written noti.ce, a.nd containing such other terms and condi.tions as the Board of Directors tr.ay determine. A contract for manage:ment may n.ot be for a term in excess of one (l) year, renewa..ole oy agreement of the part"ies for successive one-year pe~iods. The members af the· Board or DirecLors shall not be liable for any omission or improper exercise by t.he Man.a.ger ot .any such lJ duty, powe~ or.function so delegated. 8,01. 6 Professional Se.!viceS". The legal ami a.ccountinq services necessary or propec for the operation of the project or entorcement of this Declat"ation, the Bylaws and the Association rules and regulations. B. 01, 7 Maintenance. The ~ainting, main.tenance, repair and all landscaping and gardening work for the common elements and limited common elements, exclusive of the balc.onies and decks adjacent to the units. Such balconies and decks may be maintained, pa.inted or repa.ired with the use of J:..:5sociation funds if. the Boa.rd of Directors, in its discretion, deter~nes that s~ch use of funds . is advisable ,. B.Ol.8 furnishings. (and maintenance of such item.s) shall select. Such furnishings and equipment :or the cornmon elements, as it 8.01.9 Other: Nece:ssaJ;V E:xpenditures. Any other materials, supplies·, s·tructural al-cerations. furniture, labor, services,· insura.nce, taxes or assessments which the Board of Di rectors is required to secure or pay for pursuant to the terms or this Declaration, t.he Bylaws, or under law,· or which, in its . opinion, . is . necessary or proper f8r the operation of the Condominium, ·or for ·the entorcement of this Declaration. OC the Bylaws; provided that if any such services are provided· for part.icu~ar units, ·the cost thereof shall be specially as:3essed to th.e owners of such units an.d sna-ll be immediately due and payable to the ~ssociation, 8.01.10 Liens. The Board of Direct·ors may also pay any ·amount necessary to discharge any lien or encumbra.nce levied against the ent.ire property or any part thereof whi.ch mayor is claimed, in the opinion of the Board of Directors, to constitute a l'ien. against the property or against the common elements, rather than mere.ly against the interest the!:ein of particular owner·s, Where one or more owners are responsible for th.e existence ·of such lien, they shall be jointly and severally liable for the cost cif· discha:rqing it, and any costs and eXl=lense incurred by th.e .. Boaro of Directors· by reason of such lien or liens shall be assessed against the owners and the units responsiole to the ext-ent' of their reslilonsibility and shall be immediately due and payable to the Assoe1ac1on, i.Ol.ll Repair of Unit. The main~enance and repair pf 14 -. any unit, if (1) such maintenance Qr repair is necessary, in the discretion of the Eoard of Directors, to protect or preserve the appearanc@ and value of the common el~rnent3 or any other ~ortio~ of the property, and {2J the owner of said unit has failed or refuse~ to perform the maintenance or repair ·",i thin a rea'sonable time after written notice of. the neces:dty of the maintenance or repair i~ delivered to the· owner by the Board of Directors. The Board of' Directors shall levy a special assessment against such unit and the owner thereof for the cost of the maintenance or repair and the same ·shall be immediately due and payable to the Association. 8.02 Limiti.tions on Board of Direct.ors· Authority. Despite the foregoing. the Board of Directors shall not have .he authority to acquire and pay tDr out of the cammon expense fund capital additions and irnpzovements (other than for purposes of restoring, repait:inq or replacing portions of· t:-"e" common elements) having a total cost in excess of ~ive Thousand Dollars ($5,000.00] without first obtaining the affirmative vote of the owners holding a majority of the votinq power rep.!e.sented at a meeting call'ed Eor sU,ch purpose, or if no such meeting. is held, then the wri tten consent of the owners having not less than fifty-one {51} votes; provided that any expenditure or contract for capital additions or improvements }..n excess of Fifty Thousand Dollars C!;ISOO'OOO.OO) must be approved by the ownerS' having not less than seventy-five (75') votes. 8.03 No For-Profit Business. Nothing c·ontain~d herein shalf be construed to give the Board of Directors authority to conduct an active business for prot~t. on" behalf af the owners. 8.04 ~xclusive Righ.t t.o Contract. The Board of Director's shall have the exclusive right to" contract for all goods and services, the payment for which is to be made from the common expen.se fund." 8.05 No Structural Changes Wi tho~t ',r..uthor1za tion. 'Ihe ,Board of Directors shall not make any structural changes in the.building. 'Without the ap~rova.l by a vote of the owners holding no less than seventy-five {75} votes. No structu=al change which affects a condominium IJnit ,shall be made e~cep: with the approval of the· o~ner and any first mortgagee of the unit affected. 8.06'" Acguisi tion of Property. The Board oE Directo'rs may, from cornmon funds of the Association, acquire and hold in the name of the Association. for the benefit of the o"'nersl tanqi~le and intangible personal property and .=eal property and interests the~ein, and may dispose of the same by sale or otherwise; and the beneficial. interest in s.uch property shall be ow.ned by .the owners 15 in the same proportion as their ~espective interes~s in the common elements J and such property shall the:eafter be held, sold, leased, rented~ mortgaged or other~ise dealt with for the benefit of the common fund of the Association as the Board of Directo.rs may direct. The Board of Directors sr.all not l however, in any ca..:se acquire by lease or purchase .t,eal 0:: personal property valued in excess of E"ive Thousand Dollars ($5, 000. DO) without; .first obtaining ~he -affirmative vote of the owners holding a majority of the voting . power represented at a meeting called for such purpose, or if no such meeting is hel.d then· the written <:onsent of the owners, having ·.not less than fifty-one (51) \Totes, 0':-valued. in excess of fifty Thousand Dollars (~SO, 000.001 withOIJt first obtaining the affirmative vote of the owners having not less than seventy-five pSI votes. 8.07 Authorization to Board of Directors. In the event the moneys in the comman expense fund are irlsufficient to pay the expenditures provided for herein, the Board of Directors is authorized to borrow money to meet such expendit:.ure.s on behalf' of the Associ:ation atJ.d, to secure: the repayment thereof encumber I subj ect to the limitations .set fo::th in this Declaration) any portion of t~e common elements not necessary for the habitability' of any unit. Priar to e:ncumbering any common. elements, howeve.r. the Board of Di:l'ectors shall obtain all necessary approvals of unit owners under ~he' Act. 8.08 Limitation on Liabi-lity of Di!:'ectors. To t.he extent permi'tted by law, the members ·of the Board of Direo::tors and the Association shall 'not be liable: for any failure of any utility or other service to be obta.ined and paid _:OI by the Board. of Directors hereunder, or for injury or damage to person or p'roperty caused by the eletnents or by another owne:-or person; -or resulting from e.lectriL::ity, wa.ter, rain,. dust or sand which may leak or flow ,from out"ide or from any part:. of the building, or from any of its pipes, draihs, conduits, appliances Dr equi?ment, or f-rom a.ny ot.i:ter cause o.t". place, .or resulting from 10ss , damage or theft:. of articles used or stored by owners on the property or in units. No diminution or abatement of assessments shall be-claimed or allowed for incon.veniences or discomfort arising f.::::om the making o-f repa.irs or improvement:s to the CQl'tlmon elements, or from any actiqn taken to campi y .... ith any 1 a .... , ordinanc'e or orders of a governmental authority. Th.is Section shall not be interpreted to impose. any form of liability by any implication upon the Soa~d of Directors or upon the Association. This Section a1so extends to the Declarant e~ercising the powers of the Board of Di~ectc~s during the initial perIod of operation of the Associatio~ and condominium. 8.09 Entry For Repair. 'the Board c: Di~ector5 may en~er any unit when necessary.in connection with any maintenan~e or construction for which ~he Board'of DiLecto=~ is responsible. Such entry shall be made with as little inconvenience to che o~ner as practicable, aod any damage: cau.:sed thereby shall be repaired by the Soard. of Directors at the expense of the c:::mrnor'o expense fund. The Board of Directors shall be provided with door keys and burglar alarm keys for each unit t.o facilitate access-in an emergency. 8.10 Notice of Conveyances Req~i~ed. The right of an owner to sell, transfex, or othe~wi~e convey his'unit shall not be subject to a~y right of apprQval, disapproval. first refusal, or similar ~estriction by the Association or the Board of Directors, or anyone acting on their behalf. An owner i:ltendir.g to sell a unit Shall' deliver a written notice to the 80ard of-Directors, at least two weeks befo~e closing, specifying the unit oeinq sold; the name and address of the purchaser, of the cl~sing agent I and of the title insurance company insuring the pur::tlas9c l s interest: and the· estimated closing date. The Board of Directors shall ha .... e the right to notify the purchaser, the title insurance company, and the closing agent af the a.mount of unpaid assessments and charges 9utstanding against the unit, ~hethe~ or not such information is requested. SECTION 9 COMMON EXPENSE ~SSESSMENTS ACCORDING !O BUDGeT 9.01 Estimated Expenses. The Board of Directors shall ·have power to levy· assessments against all units fOJ: the purpose of c~e~ting and replenishing a common expense fund with which to pay· "common e~penses" as tnat term is defi:ied in the Act and any other expen.diture!! 'which the Board of Oir-ectors is he·rein authorized to make.. After t.he initial assessment, all subsequent a.s.sessments sh~ll be made again.st all units at least annually based-on a budget , adopted at least annually-by the Board of Directors and levied in proportion to percentaqe interest in common elements of .the. respective unit.s as shown in Exhibit "E". Within thirty (30) days prior to the beginning of each ca.l-endar year l or such other· fiscal year as the Board of Directors may adopt, the BoaJ:d of oire.ctors shall e.s tima te the charges (including common· expenses, . and any special charges for particlJ.lar units) to be paid durinq such year: shall make provision for creat-ing, funding: and· maintaining-, reasonable reserves for contingencies and opera~ions, as well as for repair, repfacement and acqui.sition of common elf:.ments; 'a.rid shalL take into acc;ount any I;xpected income and any 5urplu~ 17 available from t.he prior year's cpera-ti.ng fund. Without limiting the generality of tile foregoing but in furtherance thereof, the Board of Directc~s shall also create a reserve f~nd for replacement af those common element.s facili ties which may reasonably be expected to require replacement prior to the end of the useful life of the building. The Board 0': Di.rec,tors shal.l calculate: the contriolJtions to said reserve fund from the regular monthly assessments so that there are sufficient fund3 therein to replace each common elements facility covered by the fund at the end of the es~imated useful life of each such common elements facility. The Oeclazant may at any suitable time, but not later than the date of conveyance of the first unit, establish the fir::st such estimate.· If the sum estimat.ed and budqeted at ar.y time proves inadequate for any reason {including. non-payrnem: tor an.y reaso_n of any unit owner's a~sessmentJ. the Board of DirestuIS may at any ~ime levy a further aasessment, which shall be assessed to the owners in like proportions unt.il an assessment is made in a~cordance with thi::s Section 9. The Declarant shall pay all common expenses until the Board of Directors has made an. assessment .pursuant to this Sect ion 9. 9.02 Other Chat"ges. The Boa.rd of Directors may. in its sole discretion, impose and collect cha~~es f~r the following additional {terns, which shall be enforceable as assessments: . 9.02.1 Payments. fees, or other charges f04 the ~se, rental. or opera t·ion of the cormnon elements I other than .limited common elements described in Section 4 of this Declaration, ·and for :services. provided to·unit pwne.rs; 9.02.2 Cha~ges for late payment ot assessments est:ablished by the Board of Oirectors and, after notice and an opportunity to be hear:d by the Board of Directors or by ·such representat~ve designated by the Boa~d of Directors and in accordance with such procedures as provided in this Declaration or the Bylaws or rules anq. regulations adop~ed by the Board. of Oirectors. levy reasonable fit').es in accordance with -a previously est.ablished schedule adopted by the Board of Directors and ·furnished to the unit owners for violations· of the declaration, by~awsl and rules and.regulations of the Association: ·9.02.:3 Reasonal:lle cha:-ges for the preparation and recording-of amendments to the Declaration, resale certific.at.es, and statements ot unpaid assessments. 9.03 Payment by Owners. Each owner shall be obligated to' pay his share o£ the common expenses and other charges made pursuant to· 18 this Section 9 to the Secretary/Treasurer for the Association in e~ual monthly installroent3 on or before t~e fic3t day of each month during such year, or in such other rea5an~ble manner as the Board of Directors shall designate. Any unpaid a,ssessme·nts shall bear interest at the rate of twelve per:::ent (12%') per annum or such higher rate established by the Board of Oirectors from the due date until paid. Unpaid assessments shall constitute a lien upon the un.it which has not paid its respective share thereof from t.he due date until paid. 9.04 Separate Accounts. The SoaLd of Directors shall require the Association to maintain separate accounts -for .Current operations, reserves, and a sp~cial ::;eparate re.serv,e account for payment of insura.nce. Each month the Board of Directors shall first deposit to the insurance 'reserve account that !fortion of the common eKpense assessment necessa.ry La ~ay at least one-twelfth, of the tot'al cost of all of the insurance po~icie:s regarding the condominium proj ect and such_ insurance reserve account shall be held separat.e and inviolate until utilized for payment of insurance ,p1;emiums. Thereafter, the remainder of the common expense assessment 'collected may be' utilized tor payment of other expenses ,?r deposited or cred.ited to other accounts. Any expend.iture of reserve f,unds.shall require the signature of at least two persons who are offite~s or directors of the Assaci~tion. 9.05 Failure to Assess Not 'f,o.l a iver. Any failure by the Board of Directors or the Association before the ex?i~ation of any year to fix the estimated cash ,requirements and a~~essments hereunder for that or the 'next year, shall not be deemed' a waiver or modification in any respect of the provision of this Declaration; or a release of the owne~ from the obligation to pay the assessments, or any installment thereof, for that or any subsequent year, :Out the assessment fixed for the: ~rec:eding year shall continue until a new assessment, is fixed. 9.06 Recordkeeping. The Board of Di1:ectors shall cause to be kept d.etailed,' ac:cu.1'ate zecords, according to generally accepted accounting principles, of the receipts and expenditures of the_ Association, specifying. and it~iz~ng the maintenance and repair,' expenses of the common elements and any ather expense inCUrred.. The records shall ~e sufficiently detailed to enable the Associa,tion to comply -with its duties under RCW 64.34.372 and ~CW 64. '3 1\ : -425. All financia.l an'd othe= =ecords sha.ll be made :-easonably available for examination by -any unit o"';ner and the owner's authorized. agents·. 19 • 9.07 Declarant Liability. The asses.sments provided for in this Declaration shall be imposed on units owned by the Declarant and affiliates of the Declara.nt_ (as defi.ned in the Act} on the. sarne basis as imposed on all other units, regardles3 of whether Declarant-owned units a.re vacant or have been sold. leased or rented. ' 9.09 Initial Norting Capital. The Declarant shall establish a working capital fund at lea:st equal to t .... o month.s estimated Common charges for each unit. Any amouno:s paid into thi:;; fund shall not be considered as advanced payments of regular assessments. Each unit's share of the .... orking capital fund ~hall be collected at the time the sale o.f the unit is closed or when control of the Project is transfer·red t.Q th.e Association, which ever is earlier. When control of the Project is transferred, the working ~apital fund shall be transferred to the Association for deposit to a segregated fund. The Declarant shall not use any of the working capital funds to defra.y its . expenses, reserve contributions, or construction cost·s or to make up any budget .deficits wh·ile it is in control of the Association. Wh.en units are initially sold,· the Declarant may use fU:1.ds collected at:. closing to reimbuz:-se its.t;lf for funds it paid to the Association for each unsold unit's share of the workIng capital fund.· SECTION 10 10.01 Lien Indebtedness. Unpaid assessments (imposed pursuant to section 9) shall be the separate, joint and several personal debts of the owner or purcha..ser by voluntary conveyance of units far which the same ·a.ce a!se;ssed. Suit to recover a Inoney judgment foz unpClid aSsessments shall be maintahable without. foreclosing or waiving the lien securinc; same. The· a·mount of any a·ssessment against a un,it.l plus interest as .set for:h hez-ein .and costs and attorneys· fees pursuant to Section 10.03 s~all constitute a lien upon .such unit prio!:' to all ather lien-si e:xc:ept. (a} liens and encumbrances recorded before the reccrding of the Declaration; (b) a mortgage on the unit recorded befo~e the date on which the assessment sou-ght. to be enforced bec~me del.inque_nt.: and (c) l:ie~s for real property. tax'!!:!! and other govern!\lental as.sessment.s or cnarges against the unit. Notwiths~anding_the foregoing, che lien· for .a.ss.;!;ssments for Cornmon expenses excluding amounts for caE'ital improvements shall be prior to tl1e mortgages .specified in (b) of this ·section. if it is fo-reclosed judicially pursuant to section 10.02.0·4. .such. priority is limited to assessments coming due within the six (6) month period prior· to the da.te. of any· foreclosure sale Ol:'· the date a declaration of foreclosure is 20 recorded in a ~eal estate contract farfeitu~e_ Such priority shall be reduced by up to three (3) months if the Association fails to give ~~itten notice of delinque~cy to an eligible mortgagee or a mortgagee holding a first position mOrL.gage on a unit ..... ho ha.:s requested in writing the right ·to ~eceive su~h notice. lO ~ 02 Collection of Delinguent. AsSe..ssments. The Board of Di~ectors shall enforce collection of any delinquent assessment in the foll.owing manner, or in .any other manner permitted by law: 10.02.1 Security Deposit. Sh.ould an ownl!!:r be chronically delinquent in· paying any as·sessments, the Boa.rd of Directors may, in its discretion, requ':'re such owner from time to t·ime to make a security deposit nat in excess of three (3) months I estimated monthly as~essment5/ which may be collected in the same manner as other assessments. Such deposit shall be held in· a separate: fund, credited t.o such OW:ler, and resort may be made thereto· at any time when· an owner is ten (la) days or more delinquent in paying his ~onthly or other asse~srnents. 10.02.2 A.ction t.o foreclose. The Board of Directors may commenc.e .~n action· to fo.reclose a lien for asses;;ments made pursuant to Section 9 and in any such action shalt· be entitled to recove.r attorneys I fee, and costs pursuant to Section 10.03, and shall further be enti~led to seek the a~pointment of a teceiver as ·provided in the Act. The judgment in the action foreclosLng the lien shall be tor an amount. equal to all delinquent assessments and advances, pl·us all co:sts ·and expenses in connection \lith such action and any receivership, inclUding a· reasonable sum as attorneys' fees and for the cost, -if any, of obtaining a title . report. , 10. ot. 3 »on-judicial Foreclosure. The-Board of Directors mAy commence an action to foreclose a lien fo~ aSseS5ments non~judicially pursuant to RCW 61.24 as permitted by RCW 64.34.364(9], and in such foreclosure may recover its reasonable attorneys fees. and all costs and expenses reasonably incurred in the t'reparation or ~rosecution of .sucn foreclosure. For ene purposes of. permitting such non-j udicial fo:reclosure: (a) th.e Condominium is g::r;a.nted in trust to Transnation Title In~urance. Company (here:in the "T:ru.stee:") -::0 secure th~ unit owners' respective obligations to pay assessments when due; (b) the Trustee is granted the power to sell the individual units: (el· the units are not used principally for agricultural or farming purposes; and Cd.) the foregoing power of sale sh.all be operative with respect "to any unit if the owner of that unit fails to pay assessments with respecc to any.unit when due. 21 10.03 At torney:s' E"t!es and Cos':.s. The As.socia tion shall be entitled to recover any'costs and reasonable attorneys' fees incurred in connection wi'th the colleGtion of delinquent assessments. whether or not =uch collection activities result in suit being commenced Dr prosecuted to judgment. tn addition, the Association shall :be entitled to recover costs and reasonable attorneys' fees if it, prevails on appeal and in the enforcement of a judqment.. 10. 04 Liability of Mortgaqee. In the event the Mort.gagee of the Condominium obtains any unsold units as a result of t.-he foreclosure of the mortgage ~overing the condominium or if 'after initial sale the mortqagee reacqui=es any unit, or if at any time the mortgagee retains any unit and grants or leases the same. th~ mortgagee ~hall be liable for the no=mal assessments fo~ such unit r provided that except as prOvided in, Section 10.01 the mortgagee will not be liable for a.ny past-due assessments wt:tich accrued or became due-prior to the time the ma~tgagee obtained possession of. a -unit by foreclosure. ·Any other mortgagee who obtains possession .of a unit. through foreclosure shall not be liable for assessments which accrued prior to such right of possession, except to th~ extent provi~~ci· in Section 10.01 abov.e. SECTION 11 REGULATION OF USES 11.01 Residential Use. Tne building and ~nit$ shall be used· for 3inq1e family re:!identia.l pu=-poses only, on an ownership. rental or lease basis; and for .the common social, rect"eati.onal and othe."r reasona.ble uses normally incide:nt to such. pUt"poses. The builainq and units-may also be ~sed for the p~rpo5e of operating and managing the condominium. Determi:1ation of reasonableness and whether or not a use is incident to residential us~s shall be made hy -the Board of Directors and sha.ll ~e binding on a.ll owners. The . Eoard of Directors may by rule or reg'Jlat1on specify the lim.1ts of . this use in general and also in pa!"ticular cases. 11.02 Facilities Reguired By Declarant. Notwithstanding any other provisions of t.hi.:s De~la.ratioli, the Declarant. its a.gents, employeE:s and contractors. may mai;l1:ain during the period of completion of the condominium and until the Declarant ha~ ~old all uni ts, reasona.bly necessary construction faci lities. o-ne model· unit. on each level of· the bUilding, a: business or sales office on. the street level. signs and stora.qe facilities. ll.93 E'arkinq. pa.r~in.9' spaces are rest:ricted to use for 22 pa..rking at operative autQmobiles, Otr.er i terns and equipment may be parked o.r kept therein only subject to t:,e rules and regulations of the Association. The Board of Diresto=s may require removal of any inoperative or unsightly vehicle, and a~y at~er equipment or item not stored in parking spaces in acccrda~ce with this provision. If the 3ame is not removed, the Board of Directo~s may cause removal at the risk and expense of the owner thereof. The use of. all parkinq area$ i3 also· subject t~ rules and regulations adopted for the Association. 11.04 Orivew-a.ys, Walkways, etc. Driveways, walkways,· halls, corridors, st.ai.rways and other portions of th~ common elements· and facilities used for acce$::I shall be used exclusively for normal ingress and eg:r;:ess, an.d no obstrl.!ctions shall be placed therein unless permitted.by the Board of Directors or the As~ociationls rules GIInd regulations .. 11.05 MAintenance and Modificat~on of Units and Limited Common Elements. 11. 050.1 Ma.i"ntenance of Unit. Each unit I)wner sha.ll. at . nis sole expense,· ke·ep the interior of his unit, all parts of its. related li.mited common elements and the equipment, al?pliance.s, and appurtenance~· relating thereto, in good order, condition, repair and appearance. 8acl\ unit owner shq,ll be :responsible .for t.he m.aint.enance, r~pai.r or replacement of a.ny plumbi"nq fixtures, water heaters, fans, heatinq· or other equipment, zirep1ace flues, electrical fix.tures or applian·ces which may be .in, or .are part of,·· his unit. 11.05.2 Right to Modify Unit. Without limiting the generalit.y of the for·egoing, each unit oWl\er may, at his. sole cost and expense, maintain, ~epair, paint, or finish, refin~sh or' change surfacing of· the interior surfaces of the ceilings, floors, window f.rames, doors, trim, and the perimeter walls··of his unit.; provided tha. t hard surface flooring not originally installed ·may not be installed .... ithout the prio:r. written approval of the Board of O·irectars. Eac:n. unit owner may alter,· substitute, add. or remove any fixtures attached to said ceilin.gs, floors or .... alls~ Thi$ secti.on shall ·not tie construad to permit inte:rfe:rence with or damage to t.he struc:t:ural integrity of the b' .. 1ilding or interference' with the use and enj·oyment of the corn-LIon elements, or of t.he· other .. . u.ni ts, or to aL).thori:z:e, without· Boa:-d 0: Directors I approval and ·comp1.iance with the requirement.s of this Declar.ation, intrusion into the common elements, or any· waste. 11.0S.3 Appearance of Limited Common Elements. Notwithstanding the provisions ot Sections 11.05.1 and 11.05.2, 2) · . unit owners may not modify, paint c= otherwise decorate, or in any way alter their respectiv~ limited comrr.on elements without prio.r approval of tne Board of Dire~t.or!5 ar.d in all events· must act pursuant too the Association' s rules and regulations. The Board of Directors may in w-hole or in pa:::::t assume the maintenance for limited common elements. 11.06 E:xterior Acpearance. In orde:r to preserve the llniform appearance of the building, and the com:non elements, particula"rly those visible to the public, the Board of Directors may require and provide for the pain.ting and finishl"g of the building,-ba.lconies, decks or other common elements, and ~re5cr:i~e the type and color of the surfaces and finishes. It may prohibit., require or reQulate any modification or decoration of the building, balconies. decks or otner common elements, including any such items as screens, dOO~S1 awnings, rails or other portions of each ~nit and the building, vIsible from the eKterior. The Board 0: Directors may regUlate and control the items stored in or used on the limited·common elements in order to preserve the good appearance and condition of the .ent.ire condominium. rn addition, this =egulatory po .... er extends to the control of the color of drape~ie5 and underdrapes or drapery tinings of ea:.c;h unit. 11.07 Uses Affecting Insurance. The unit o .... ners shall not:. permit anythinq to ce done or kept. in the units or in the common elements which will increase t.he insu.r:ance premiums fOJ; toe condominium or re~ult in the cancellation of insurance 00· any part of the condominium without::. the consen: of the Boa.:cd ot Directors·. 11.O~ Signs. ~o signs of any kind shall· be displayed to ·the· public view on or from any unit or from the common elements without the· consent of the Soard of Di:rectors or pursuant:: to the Association I s rules and regulatiD:r.s. , 11.09 Animals. The facil.itie.s and surroundings 0·£ the condominium are not des1gneQ for and a:e not reasonably app.:copriate for the main~enance of large pets or ~nimals, and theretoIe, all s.u.ch a:r;e prohibited; provided, however ':hat the Board of Directors· may adopt rules and regulatIons permitting cat.s,· small dogs· and similar h.ousehold pets.· The Board of Directors may at a.ny time: require the removal ot any animal that it, in its sole disc~etion, finds unreasonably disturbing to other owners and may exercise this author-ity for specifi·c animals even ':.hough ot:her· a.nimals are· permit~ed to remain. n.lO .shall be anything OffensiVE!" Activity. lIIo noxious or offensive activity carried on in any unit or common elements. nor shall be done therein which may be or beco~e an'a~oyance or 24 nuisance to other unit owners, or wr.ich vould be in vioi-ation of any laws. 11.11 shall not except by acting in Bylaws. The common elements removed cr replaced the AS3"oc:iaticn acting through the Board of Directors accordance with t.he Act, thi.s Oeclaration, and the 11.12 Rentals. No unit owner may lea~e or re~t less than his entire unit, and the terms of any such lease or rental agreement shall oe subject to and incorpo~ate tee provisions of this Declaration and the Bylaws. All leases or rental aqreements shall be in writing-· and· a copy thereof shall be filed with the Board of DirectoLS.· OwnerS may not lea~e their units for transient or hotel purposes. Other than the foregoing, there shall be no limitation· on an owner's ~iqht to lease his unit. SECTION 12 INSURANCE 12.01 Insurance Coverage. Not later than the time of the fixst conveyance of· a unit the Board of Direc"Cors shall obtain and maintain at all times a3 a common ex~ense an in5urance policy or policie~ and bonds as follows: 12.01.1 E"ire lnsurance r wi th extended coverage (including ·vanoalism, malicious miSChief, sprinkler leakage, debris removal, cost of demolition, .... indsto.:t11l and ¥later damage) endorsement:, in an amount as near as practicable to the full insurable current" replacement v<!lue (with-oo.e deduction for depreciation). ot the common elements and the units, .with ·the . Association .as the named in!;lu:r:ed, or such other fire ·and casua.lty insu.rance as the Board of Directors shall determine to give sUbsta·ntially equal or grea.ter protection insuring the owners and their mortgagees, as their interests may appear. Said policy or po.licies shall provide for separate prote:::r.ion for each. unit. to the full insurable replacement value thereo! (limited as above provided) I and a separate loss EJaya.ble endorsemen·t, in favor of the mortgagee or mort"qagees of .each unit, if any, ana further, a separate los.:! .payable clause in favor of tbe Mortgagee ···of the Condominium, if any. Certificates of insurance shall be issued LO each unit owner ano mortgagee upon request. 12.01.2 General Comprehensive Liability Insurance in.suring the Board of Directors of the Association. the owners, .. Declarant and Manager against any liability to the public or to th.e .. 25 ---. ownet"s of units and their invitees. at" tenants, incident to the ownership or use of ~e' common element~ (includi~q hut not limited to owned· and non-owned aut.omobile liability, wate.r damage, host liquor liability, liability foz property of others and, if applicable, elevator collision, and garageke~per·s liability). The amount of such insurance ~hc111 be determined by the Board of . Directors ,after consultation with insurance consultants, but not less than Sl,OOO,OOO.OO covering all claims for personsl injury and/or property damage arisinq out cf a single occurrence (such policy limits to ·be reviewed at least annually by the Board of Directors and increased in its d::"=:cre:ion). 12.01.3 Fidelity ~onds naming the members of the Board af Dixectars, the Manager and its employees and such other persons a.s may be desiqnated by the Board of Directors as principals and. the Association as obligee, in an amount equal to the: ma~imum amount at funds that will be in the cus:ody of the Association or the Manager at any time while the bcnd is in force, but in no event less than one-half of the total estimated cash (including reserves) .to be collected a!! assessments each year. Such fidelity bonds shall contain waiv·ers of any defense ::;ased upon t:h& exclusion-of persons who' )!lerVe without c.ompensation from any definition of "employee" or similar term. 12.01 .. 4 Insu.ran~e against loss of personal property o·f the Association by fire, theft and other losses, with dedUctible provision~ as the Board of Directors deems advisable. 12.01.5 If the. condominium has central heating o:,r c;ooling~ a liability policy at least equal to the lesser of $2,000, aDO pe.r accident or the insurable value ·of th~ buildin9(s) housi,ng the boiler or machinery. ~2.01~6 Such other insurance as the Board ot Directors, de.ems: advisable; pr·ovided, that. notwith.standing a.ny. other provisions herein, the Association shall continuously maintain 'in effect ,such casualty, flood and liability insurance and a fidelity bond· meeting the insLlra.nce a.nc;[ fidelity bond r~quireme.nt.s for cDndominium project.s established by federal National Mortgage As.5ociation, Government National Mort.gage Associat:ion , cederal Home Loan Mortgage Corporation, Veteran1s Administration or other government'al or qua.si-governmen:.al agencies involved in che secondary mortgage market so long 3S any such .agency is a mortgagee or owner of 'a . Llni t within the condominium l eKcepC to the extent such C"overage is not available or has been wa.ived in writing by such agency.· 12.02 Owner' s Additional InSl.!ranl:e. E:ach owner snail obtain 26 additional insurance respecting his unit as contemplated under RCW 64.34.352(5) at his own expense; no owner shall, however, be entit~ed ~o exercise his right t~ maintain insurance coverage in any manner which would decrease the amou:l.'t which the Board of Directors. or any trusteE for the Board of Director~1 on behalf of -all of the owners, will realize under any -insut"ance policy wbich the Board of Directors may have in force on the condQminium at any particular time. Each owner is required to and agree3 to notify the Boar,d of Directors of all improvements by the o .... ner to his unit the value: of which is in excess of One Thousand Dollars (.S1, 000) . E:ach owner is hereby required to file a copv of such in.dividual policy or policies with the Board of Dl,ectors within thirty ()O) days after pu~chase of such insurance, and the Board of Directors shall i.trul\ediately revieW' it.s effect with its insurance br~.ker, agen~ or carrier. 12.03 Insurance Proceeds. Insurance proceeds .fo~ damage or de5truc~ion to any part of the property shall be paid ,to the Board of Di.rectors on behalf of the Association which. .shall hold such .proceeds in trust for: each unit' o ..... ner and t.heir first· mo.rtgage nolders r as their interests may appear. and shall segregate such p.roceeds from other funds 0,.£ the Association for use and payment as provided for ·in Section. 13'. Th~ As.sociation. acting, th.rough its, Bo~rd of Directors shall have the authority to settle and comprorni.,e any c.laim under insurance ahtair.ed by the Association, and the insurer may accept a rel~ase and discharge of ,liaoility made.· by the Board of Directors on behalf of the named insureds under the policy. 12.04 Additional ~rovisions. The Boa=d of Directors shall. to ehe extent they ~re reasonaaly available~ obtain insurance policies containinq . (or· omitting, as indicated belo...,) . the :fo1lo\o(1ng provisions: 12.04.1 Contribution. A prolTision that the ·liability of the insurer thereunder is prima:::y a:\d shall not be affect~d by, and that the insurer shall not claim· any right of set-off, counterClaim, apportionment, ~roration, or contribution by reason of .• ,any other insurance obtained by at" for any unit owner or any mortgagee; 12.04.2 Matters Association Cannot Control. No provision relieving the insurer from liability for loss bec~use of any act or neglect of unit owners which is not within the scope of a unit owner's authority to act. on. behalf .of· ·the Association or because of any· failure of the Association to comply with any warraney or· condition regar.ding any po=tion of the ·property over which ·the Associat.ion has no cont.ral; 27 12.04.3 Subrogation. A waiver of subrogation by the insu~er for any and all claims against the Association, the owner of any c;ondorninium unit and/or 'their respective· hou.$ehold. members, agents, employees or tenants, and of any defenses based upon co-insurance or upon invalidity arising from the acts of the insured. 12 .·Q4. 4 Restoration Lim'; t.ed. A provision ·prot1i:Citinq the insurer from electing to restore dama.r;e in lieu of making a. c:ash se.ttlement, without first obtaining the 'Written approval of the Association, or, if the Association is a party to an insurance agreement, the written approval of the trustee. 12.04.5 Cancella.tion. A p:rov~$ion that the insurer issuing the. policy may not modify the amount or the extent o·! the: covera.ge of the policy or cancel or refuse to renew the policy. unl·ess the ·insurer haa complied. with .all applicable provisions of. Chap~er 48.18 RCW pertaining to the cancellation Dr non-renewal of· contracts of in·surance. 12.04.6 Inflation Endorsement. A.n Inflation Guard End.orsement, .if available, .... hich increases coverage and policy limits to tha sarna extent inflation causes the value of the dollar to. decrease. SECTION 13 DAMAGE OR DESTROCTION; RECONSTROCTION 13.01 Init.ial Board of Directors' O~te!:minations. In the .ey-ent· of damage or destruction to. any part of the property, the Board of Oirect:.ors shall promptly, and in .all events w1~hin twenty· (20) days . after the date of damage or· d.est=uction, mak.e the following determinations with respect thereto e~ploying such advice as the Board· of Directors deems advisable: l3.01,1 Extent of Damages. The na~ure and extent of the damage or destruction, tog~ther wi~h an inventory of ~he improvements and property directly affected thereby. 13.0l.2 Estimates. A reasonably reliable estimate of th·e cost to repair and restore the damage and destruction, which estima.te sha.ll, if rea50nably practicable, be based· upon two or m.ore firm :bids. obtained from responsible contrac.tors. l3. 01. 3 Insurance. Proceeds. Th.e anticipat:ed insurance proceeds, if any, to be available from :nsuranc~ covering the loss based on. th·e amount paid or initially offered.· by th.e insurer. 28 13. Ol. 4 Cost in Exces s of Insurance. 'I'he a.mount. if any, that the estimated cost of repai: and re~toration exceeds the anticipated insurance proceeds therefQre and the amount of assessment to each unit if such excess i.s paid .as a maintenance ex:pense and specially asses.sed against all the units in propo'rtion to their ~ercentage of interest in the common element~. 13.01.5 Recommendation. The Board of Direetors I recommendat.lon whether or nat such dam~ge ot:' destruction s.hould be repaired or restored. l3.02 Hotice of Damage or Dest~uctiQn. The Board of Directors ,shall promptly, and in all events within si~ty (60) days after the date of damage or destruction, provide each owner and each mortgagee who' has the.retofore requested special notice, with a written notice summarizing the initial Board of Directors" determinations made under Section 13.01. If the Eoard of Directors fails to do so within said sixty (GO) days, then any ,owner or mortgagee may make the determinations ~egui=ed under Section 13.01 ·.and give the notice required undet:' this Section .13.02. . 13.03 Definitions: U.03.1 Restoration. As used in this Section 13, the ltIords "repair." "rec:o,nstrl.lct," "rebuild" or "restoJ:e" sha.ll mean re~corinq the improvements to substantially the same condition. in which they existed ~rior to the damaQ~ OI destruction, with each unit and the common elements having substantially the sa'me vertica.l and horizontal boundaries a~ before. Modifications to confo:m to t'hen applicab-Ie. Qovernmental rules and reg\llation.s or available means of construction may be m~de. . 1"3.03'.2 Emergency Work. ]..5 used. in this Section 13 w the term "emergency worle" sha.ll mean that .... ork which the Board of Di1;'ector.s deem!! reasonably necessa:::y to avoid further damage, . destruetion or substantial dimin'J.tion in value to the impr_ovements and to reasonably prot-ect the owners from liabilit.y from the condition of ~he site. 13.04 Restoration by Board of Directors. 13.04.1 Board of Directors Shall Restore.' Unless prioI to the commencement of· repair and restoration wo'rk (otner than emergency' work refl!rred,to in Section 13.03.2) (1) the o'W"ners' shall have decided not to repair and reconstruct in' accord.ance .... ith the provisions of eithE!.r Sec:ti.on 13,05.3 or 13.06.3, .(2) such repair or res~orat~on work would be illegal under any 3tate or local health·' or safety statute or o.rdinance. oz (3} the condominiUm is 29 terminated· pursuant t.o RCW 64.34, as amended, the Board of Directors shall promptly repair and restor!! the dama.ge or destruction. The Board of Oirectol;s shall use t~e available insurance proceed~ there!or, and pay for the actual cost of repair and restoration in eXcess of insurance proceeds as a. commorr expense wnich shall be specially assessed ~ga~nst all units in proportion to their percentages of interest in the common elements. 13.04.2 Authoritv to Cont~act. lhe Board of Directors shall have the authority to e:T.ploy archite(;ts and attorneys, advertise for bids, let ~ontract5 to contractors and others, and to ta.ke ::Iuch other action as is reasonably necessary t.0: etfectuate the repair and restoration. Contracts for .such repair and restoration shall be 4warded when the Board of DirectcLs, by means of insurance proceeds a.nd sufficient a:sses,sme:lts, !" .. as made provision for the cost thereof. The Boa.rd of Directors may further authorize the insurance car-rier to proceed with repair and restoration upon satisfaction of the Boa..rd of Oirec:.ors that:. such ..... ork ..... ill be appropriately ca.rried out. 13.04.3 Ins~rance Trustee, The Board of Directors may ent.er, into ~. writ.ten agreement in recordable form with' any reput.able financial in.stitution or trust or e..'Scrow company that such firm OJ: inst_itution' shall act. as an insurance trustee to collect the insur·ance pt"oce.eds and carry out the provisions of this' Section' 13. Any su~h insura_nce trust.e'.:! :shall have the exclusive aut.hority to negotiate losses ,under a!\y policy ,providing such property'or liability insurance. 13.05 Limited Damage; Assessment Uncer S5,OOO. If the amount of the estima.ted assessment determined under Section 13.01._4 does not exceed Five Thousand Dollars ($5,000) for anyone unit then the provisions of this Section 13.05 shall a~ply: 13.05.1 Spe~ial Meeting of Association. The Board of Direct.ors may, but shall not. be required to, call a special owners r. (-" .meetLnq ~o consider such repair and restoration work, which notice -shall be qiven simultaneously !"i·ith the' notice 'required to b~ qi-..r.en by the Soard of Direetors under Se,ction 13.02 above. If Ute Board of Directors shall fail to call such ·r.,eeting~ then the requisite number 'of owne..rs, within fifteen (15) days of receipt of the notice given by the Boa.rd under Section 13.02 above, or the expi.t:atlon of th.e sixt.y (60) day period for notice described in Section 13.02,' wh.icheyer is less, may c:all a special c .... ners '_ meet;ing to consider. such r'epair and C'estoraticn work. Any meeting' held pursua.nt to this Se(;cion 13.05.1 shall be called by writ.ten notice and shall b~ convened not less 1:.han I:en (10) nor more than I:. .... enty (20) days after t.he date of the notice Ot mee1:.inq. 30 13.05.2 {.lo Resto.c:ation Nark Flxior to Meeting. Ex.~ept for emet:gency work, no rel?air am! restQt"ation work shall be commenced until ~fter tne expiration df the notice period set forth in Section 13.0S.1 and until after the conclusion 0' said speCial meeting if such meetin9 is called within said notice pe~iod. 13.05.3 Vot.e Required Not to Rebuild. A unanimous decision of all _the unit owners with units or assigned' limited common element3 which will not be rebuilt, and at least eighty (80) votes from all unit owners will be ~equired to avoid the provisions of Section l3.04.1'and to determine not to repai~ and re3tore the damage and destru£tion;. provided, that the failure: o'f the_ Boa.rd of· Directors or the requisite number of owners to call for a special "meeting at the time or in the manne: set :orth in Section 13.05 shall be deemed a unanimous decisi::m to undertake such work. l3.06 Major Damage: Assessment Over $5,000. IE th.e amount of the estimated asseS5ment determined under Section 13.01.4 exceeds five Thousand Dollars (S5,000) far anyone unit, then "the" ,provisions of this Section 13.06 shall apply: 13.06.1" Special Meetinq of Association. The Board of Oireccors shall promptly, and in all events within sixty (601 days afte.r the date of damage or destruction, provide written notice_ of a" spec:ial O\llners I meeting to" cons ide.: repair· and restoration of such damage or destruction, whi~h noti~e shall be delivered with the notice r~quired to be provided under Section 13.02 above. If the Board of Directors fails to do so ~ithin said sixty (50) day period, then notwithstand.ing the previsions of this " Declara."tion 01: the Bylaws with respect to calling spe~ial meetings, any owner (the pr-ovisions of Section 5.06, notwithstanding) may within fifteen (15) d.ays after the expiration of said sixty (6"0) day period, call a special meeting of the owners to consider repair and" restoration of such damage or dest.t'u·ction b!( providing -written' notice _of suc:h meeting to all owners and mortgaqees. Any meeting held pursuant to ""this Section 13.06 shall be called by written notice and shall "be convened not less tha.n ten (10)" nor more than fifteen (l5) days from the date of the notice of" meeting. " 13.06.2 No Restora ticn Work Prior to Meeting. . Except for emergency work, no repair and rest.oratJ,on work shall be commenced until the cOl"ll::lusion of the special o\ol1)ersl meetinq requi re.d under Section 13 .. 06.~ 1. 13.06.3 "vote Required Nat to Rebuild". vote of owners having at. least eighty (80) vote3 any unit owner assiqned,~ limLced common elemen~ 31 The affirmative and a.ll votes of that will noe be / rebuilt will be required -to avoid the provisions of Section 13.04 and to determine not to repair a~d restore the damage and destruction;-provided, howeve.r, that the :ailure to obtain "aid affirmative: vote shall ~e deemed a decision too rebuild and restore the dAmage and destru~tion; provided, !u~ther that the· failure of the Board of Directors, or owners to convene the sp~cial meeting required under Section l3.06.1 within ninety {90} day~ after the date of dam~ge or destruction shall be deemed a unani~ou~ decision to undertake such repa~r and. restoration work. 13.07 Decision Not to Restore; Disposition. In the event of' a decision under eithe~ Sections 13.05.3 or 13.06.3 not to repair and restore the damage and destruction, n if such repa.ir would be illegal. and provided the Condomir.i'Jm has not: been te.rminate:d pursuant to ReiN 64.:J4,· as' amended, the 30ard of Di.rectors may nevertheless expend such of the insurance proceeds and common funds as the Board of Directors deems reasonably necessary' for emergency work {which emergency work may include but is not necessarily limited to removal of the damaged ot" dest.royed building and clearing, filling and grading the real pro;:;e.z;ty). Th.e .remaining funds, if any, and prop.erl;y sha.H theceafter be held and d.1str ibuted ·a.1 follows: 13.01.01 Repair of Common E:lements. Th.~ insurance proceed3 a~tributable to the damaged common elements (except for limited common elements) shall be used to =estore the damaged area Co a condition compatibl~ with the re~ainder of the co~dominium. 1:J.07.02 Distribution to OWners of Damaged Units.' The insu.rance. proceed.s att~il:luca.tlle to units and limited common eleme~ts which are not rebuilt shall be distributed-to the owners' Qf tho:e un1t~ and the owners of the units to which those limited common elements were allocated, or to lie:1holders af such units, .a.s the~r inteFests may. appear. 13.07.03 Remaining Slroceeds. The remainder of' the ~ro'ceeds shall be distributed to all the unit OWner3. or lienhalder~, as their interests may appear, in pro?ortio~ to such o~nerls allocated inte~est in the common elements. 13.07.04 8.eallocation of Inte.rest.s;· Amendment:!. the allocated interescs of any unit Which :~e unit owners vote not 1;0 rebuild are-automatical-ly reallocated upon the vote not to rebuild as if the unit had be-en .condemned pucsuant to Section 14. The Board of Directors shall prompt.ly prepare, execute, and r~cord a.n amend..rnen,t to the Decla.ration reflecting the reailocations. 32 SeCTION :4 CONDEMNATION 14.01 Con.:equences of Condemnation. If at:. any time or t.imes during the continllance of tl1e c:ond:lrniniurn. ownership pursuant to this Declaration, all or any part cf t~e property snaIl be ~aken Qr condemned by any public authority or sold or otherwise disposed of in. lieu of or in avoid~nce. there9f, the· provisions of this Section. 14 shall apply. If any unit or partion thereof or the· common or limited common elements or a~y part ion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otnerwise sought to be acquired by a conoemning authority, th.en the Board of Directors shall p-rovide ~ac:h owner and each. mortgagee written. notice of any such proceeding: or proposed acquisition. 14.02 ~roceeds. All compensation, carnages, or other proceeds ~heref.rom, -the sum of which is he.reinafter called -the "Condemnat.ion Award," sh~ll be payable to the Board 0: Directors on behalf of the· Association. 1-4..,03 Complete Taking.. In. the evel\t that the entire property . is taken or condemned, or sold or other~ise di~posed of in -lieu of or in avoida~ce th~reof, the condominium ownership· thereof shall terminate. Th-e Condemnation Award shall be apportioned among the owners in proportion to the .respective undivided int.e.rests in the common elements: provided, that if a standa=d different tram the value of the property a.s a whole is employed to measu.re t:he Condemnation Award in the negotiation, judicial decree, or otherwise~ then in determining such shares th~ same standard shall be employea to .the extent it is_ relevant and applicable. On th~ basis of the for~qoing principle, che Baaed of Directors shall as soon as practicable determine I:.he share of the Condemnation Awa..rd to ..... b.ich each owner is entitled. Porte!" first paying out of t.he r.espective share of each owner-, t::;. the extent sufficient for· the purpose, all mortgages and liens on the interest of such. owner, tne :balance remaining in each share shall then be distributed to each owner respectively. 14.04 Elart·ial 'taking. In the event that less than the ent{re . prope.rty is taken or condemned, or sold or otherwise disposed of in lieu of o.r in avoidance thereof, the condominium ownership hereunder sha.ll ·not terminate., Each owner shall· be enti·tled to o! .,hare of the Condemnation A.ward .to be determined in the following manner~ 14.04.l Allocation of Award. ~s soon as practicable )3 the. Board of Directors .:;hall, reaso;]'2.bly and in good fait.h, allocate the condemnation Awa~d betwee~ compensation, damages, or other proece:d.:s. 14.04.2 Apooctionme:nt ':'.manG Owners. the Board of Director~ 5hall apportion the amounts so alLocated to the taking of or injury to the common elements excluding the limit.ed COMan elements which, in turn, shall be appc~tioned amonq owner:s in proportion to their respective ,undivided interests in the common elements. Any amount apportioned to the taking ot or injury to the limited common elementj shall be divided equally among owners of units to which those limited cammon elements Were assigned. 14.04.3 Severance Darnaoes. The total amount allocated to severance damages shall be apportioned ta those units which were !lot taken or condemned.' 14.04.4 Damage to a. Particular Unit. The respeC'tive amounts allocated' to the .~a)dng of or injury -to a particular unit .and/or the-improvements: an owner has made within his own unit _shall be ap-portioned to the particular unit invol.ved. 14.04.5 Consequential Damao€s. The-amount allocated ,to consequentiai'damages and any other ta.kings or injurie.s shall be apportioned as, the Board determines to be equitable under t.he circu~tances. . 14.04.6 Agreed Allocation, !t an allocation of t.he Condemnation Award is already established in negotiation, judicial decree, -'or ot.herwise, then in allocating 'the conQemnation Award the Board shall employ such allocation to the extent ,it is relevant and applicable. 14. a 4 .7 DIstribution of ,apportioned proc~ed3 sna.ll be made their re'spective .mortgagees in Section 14.03. Proceeds. Distribul:ion of to the respective' owne:s and the manner provided i,n ~4 .O~ Reductions of Condominium Dpan Partial Taking. In the event I:hat' {al a part.ial taking oc::u~s which pursuant to Section 14.04 does not result in a termination of condominium. ownerShip herellnde~, and (b) at least one (1) unit is taken or condemned and (e) the condemning authority elects not to hold, USE! and ,awn 'said unit as a condorru.nium unit owner ,SUbject to-and in accordance with the Oeclarationl then t-he provisions of ::'his Section 14 .05 sha_ll take effect immediately' upon ,the conde~ninq authority ta~ing possession .of the unit or ur;li!:.s SO ta.ken or condemned. 14.05.1 Reduction of Declaration. The units' subject to, 34 thi:s Declarat.ion shall be redul;ed to th05€ units or part.ial unit.s not ta!cen or condemned (or not sold oc otherwise disposed of in. lieu of oc in ~voidance thereof) . 14. OS. 2 Reduct:.ion of Cornrnort Elements. The common elements subject to this Declaration shall be reduced~ to tho-se common elements not taken or condemned. 14. as. 3 Reduction 0:: Limited Common Elements. The limi.ted cammon elements, wl'l.ich we=e not taken at" condemned, but which were a~purtenant to units that were taken or condemned, shall be deemed part of the ge-oeral common elements remaining' subj eet t.o" this Decl-aration. 1\ny remnant of a unit remaining after part of such unil:. was 'condemned such that the unit may not pra.ctically 01: lawfully be u.sed for any pUJ:pose: permitted by Section. 11 shall become a common. element upon such condemnation. 14. OS. 4" RecalClllati'on of Percentages. The percentage of undivided interests in the common elem~ts appu~tenant to eacn ,unit not so taken or cQ~demned shall be recalculated on the basis that t:.he approximate s'quare 'footage of said units shail remain 'the ,same as .set" forth in Exhibits ."8, C and 0" and the ap~ro)(.imate. square footag~ ,of the 'entire property not so taken or conderTUled 5hal~ be" the aggregate of the app.roximdt'! _:square footage of al"l ,units. Provided ho ..... eve:-. if a portion of an.y unit is condemned. bu't the remaining portion of that unit may still be pz:::a.::tically an.d lawfully used for the uses sl='e<:ified in Sect.ion 11. then the appro~imate square footage of that "unit as set forth on Exhibits "B ... C and 0 shall be reduced. 1~ .05.5 Inte.l:est of Owner of Condemned Unit.. E:xce.pt 'with respect to the sha~e of pro<:eeds apportioned pursuant to Section 14.04, no owner or mortgagee of a unit. so taken" or conde:lnned (except fo! a un'it only partially condemned" 'Which may s-till be prac'tic::ally' and lawfully llsed) shall have,. nor shall there be appurtenant to any unit 50 take.n a:-con.demned, ~ny right, title. interest, privilege. duty or obligation in, to or with respec~ 'to the Associa.tion -and any unit, or common elements wh.ich remain subject to this Dec1aratio~ and which are not so taken or condemned. 14.05.5 Interest of Owners of Remaining Onits. Except as "otherwise expressly provid.ed in Section" 14. 05, t:.he .righ.t:s, title. interests, privileges, duties and obligations of an owner." and mortga.gee in; to or with r~spect to a unit not so taken' or" condemned (and in, to Qr with respect to"the Assooiation and the cammon elements ap·purtenant to said unitr shall continue in' full force and effect as proyided in thi3 Declaration. 3S 14.05.1 This Section 8inc.inq. The provisions of section 14.05 shall be binding upon and inure to the,b~n~fit of all owner3 and mcrtqagee~ of (~nd other pe=son3 having or claiming to have any interest in) all units whic~ are, as well as all units which are not, so taken or condemned. ,n.ll such owners! mortgagees and oeher persons covenant to execute and deliver any· documenes, agreements or instruments (including, but not limited to, appropriate amendments to the Declaration, Survey Hap and Plans) as are reasonably necessary tG effectuate the provisions of Section 14.05. 14. a 6 R'econstruction and Repair. Ar.y reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in Section lJ above, provided :.h3.t .the 6oa.rd of Oirec:tor3 may retain and apply such portion of each owner's share of the Cond~rnnation Award as i:3 neces ::ra=y to cisc:harge said ow-ner'.s liability for any special a.ssessment a.:ising from the operation of .said Sect:.ion 13; SECTWN IS MORTGAGeE PROTECTION lS.01 pr-i"ority of Mortcages. Not .... ithstanding all other provision.s hereof (eKcept Section lO.Ol) and as' provid.ed in the Act. the liens created under this Oecla=ation upon any unit for "assessments shall OE!: .subject to tax liens on the unit in favor't;Jf. any assessing unit and/or special dis~=ict and be SUbject to the ri9hts of the secured party in the case o~ a~y indebted~~ss secured. by mortgages whi~h were made in goad faith and for value upon the unit. Where such mortgagee of the unit, or other purc:ha.,er of a unit, ob·tains possession of a unit thereof, such possessor a.nd his· .successors and assigns, shall not be liable for the share of the common expenses or assessments by· the As'So~iation chargeable. to such. unit which bet:ome due prior to such possession, but will be liable foi the common expenses a~d assessm~nt5 accruing after $uch possession. Such unpaid "ha.,z:e of common expenses or assessments shall be deemed to be common ex:penses ccllect:lble. from all of the unit owners includinq such possessor, his succ~ss-Or and" assigns. 15.02 Abandonment of Condominium Status. Except when acting pUJ:':!Iuant to the provisions of the: Act involving d.amage, destr~ction, or condemnation, the hssociation shall not, witho~t consent. of eighty percent (80%) of a.ll first mort.qaqees of record of the units, seek by act or omiSSion to aba·ndon the condominium status of the project, 01: to abandon, en.cumber, sell or transf:er an.y .ot the common e:le.m.ents." . 15.03 Partition and Subdivision. The Associatio'n ·shall not 36 combine nor ~ubd1vide any unit ~r the ap?urtenant limited common elements, nor abandon, partition, subd~vide~ encumber or sell any common· elements, or a.ccept any .:!uch P.l:Clpos.al. w.ithou.t the prier approval of seventy-five percent (75%) of all first mortgagees of record of the units, and without unan~rnous approval of the first mo~tgagees of the units to be combined or subdivided. 15.04 Material Amendments ta Declaration and Bylaws. The ASsociation. shall not make any material amendment to the Declaration or Bylaws I including changes in the percentages of intez:esl: in the common elements) without the prio~ approval of seventy-five percent 175i} of all fixst mo=:gagees of record of the units, Cl.nd without una.nimous ap(:lt"o·"al of the first mortq.lgees of the unit3 tor which tne percentage(s} would be changed. 15.05 Effect of Deelaration Amendments. No amendment· of this Oeclaratlon shall be e.!factive to modi':y, change l limit. or alter the rights expressly conferred upon mortgagees in this instrument with respect to any unsatisfied mort1age duly recorded unless the amendment shall be consented. to in writing by the holder of such mortgag.e. Any provisio.n of this Declaration conferring rights upon ~ortgagees ..... hieh is inconsistent:. ...... i':h any otner provision of Oeclara·tion ·or the Byla ..... s shall cont:-ol oveL' such other in~onsistent provisions. 15.06 Written Notice. Where a mortgagee of a unit· (or· any insurer Qr guarantor of such mortgage). has filed a. written request with the Board of Directors·, the Bca::-d cf Directors shall: 15.06.1 furnish Copies. Fllrnish such mortga.gee .... ith a copy of any insurance policy or evidence thereof which is int~nded to cover ·the unit on which such mortgagee has a iien. 15.06".2 Notice of Cancella.tion. Require any insurance carrier. to give the Board of Directors and any and all insureds (including· .such .mortgagees) .at least ~hirty (30} days' writt.en· notir;e before can.cl!ling. failing to renew, ·=educinq the!: coverage or limits, or otherwi::se substa.ntially modifying any in::sut:"ance .... ith re::spect to the property on wh ich the mort9agee has a lien (iJ)cludin.g canCEllation fOt:" a premium :1or"l-payment)·. 15.06".3 Approval of. Settlement. Not make any ~ettlement of any insurance claim tar loss or damage to any such ~nit~, or common elements exceeding Five Thousand Collars ($5 /OOO) without first giving written notice to such mortgagee. 13.06.4 Notiee of Taking. GiVe such mortgagee written notice of .any loss or taking· ·affecting common elements; if such 37 lo~s O~ taking exceeds SlO,OOO. 15.06.5 Notice of Damaqe. Give such mortgagee wri~cen notice: of any less, damage or taking aff-ecting' any unit or common. elements in .... hich it has an interest, if .5uch 10s5, damage or taking exceeds One Thousand Dollars ($l,OOD), 15.05.6 Notice of Ow~erls Default. Give sucn mortqagee written notice that an owner/mortgagor Cif a unit has tor more than sixty (60) day~ failed t,o meet any obligation under the condominium documents. 15.06:7 Notice of Meetinas. Give such mortgagee written notice of all meetings of the Association and permit such mortgagee to designate a representative to attend all SUGh ,meetings. 1~.07 Insurance Policy 7erms. unde~ Section 12 shall con~ain a shall, if reasonably obtainable: H.e insurance policy' required standard mortgagee clause vhich . 15. 07.1 Rl!:ierence to All Holders of Mo~tqage.!i. J?tovide that any reference: to a mortgagee in such policy shall mean and i,nclude all holders of mcrt:gages of any unit or unit lease Dr sublease of the project, in their respective order and preference l whether or not named therein; 15.07.2 Mortgagee' oS Interest not to 'be Invalidated. ~rovide .I:.hat such insurance as to the interest of any lI\Ortgagee . shall not be invalidated by any act or neglect of the Beard of Direccors or unit owners or any persons under any·of tnem; 15.07~3 Waiver' of Certain ~rovlsions. Waive any provision invalidating such. mortgage. clause by rl!:ason' of t.he. failure of any mortgagee' to notify c.he insure:-of any h.4z.~rdou: u!Oe .. or vacancy; any requirement that the mo:::-tgagee pay any premium. thereoq; and any contribution clause. 1'5.08 Inspection of Books; ;t;.udi:'ed Financial Statements. Unit owners and holders. insurers, and g~aranCo~s of first mortgages on any unit (II Interested Part.ies .. ') shall be eni:i tled to inspect. current copies of th.e Declaration, Bylaws, and any other rules concerninq the condominium -and the books, reco.rds, and fina.ncial statements of the Association during norr:tal. bu~ine.ss hours and -under other reasonable circumstance5. Upon the written request of the Interested Parties, the 38 Association shali provide such pa~tie5 ~ith an audited financial ~taternent for the preceding fis~al year if an audieea statEment is available, or if ~he, condominium contains fif~y (50) or more uni~s. The Interested ~artias snall be allowed to have an audited financial statement prepared {or the preceding fiscal year at their expense if tne condominium contain~ fewer than fifty (50) units and such audited statement is not available. 15.09 Obtaining Declarant I s Pm ... ers, In the event the Mortgagee of the Condominium becomes bound by t~is Declaration by granting one or more partial releases or otherwise. a.nd forecloses its mortgage o-r acquires a deed i~ lieu of fo.::-eclo.su.re, and obtains possessory rights, legal title, CL' certificates of sale to the .unsold unit or units and appur"tenant c:Jmmon elements covered oy t.he respective deed of trust or mortgage liens, then the Ho~t9agee of the Condgminium may succeed to and assume, to tne !xclusion of the Declarant, t.he powers of t.he Declara.nt as set forth in this Declara.tion. 15.10 Riqht5 of Mortcaqee of Condominium. The Mortgagee of the Condominium shall be entitled to ap~oint a receiver during. the p·endency of. any foreclosure, and said receiver shall immediately, upon appointment, succeed to and a~sume the rights and powers of the Declarant. as se't forth in this Declaration; and the receiver shall be entitled to .sell unsold conoominium units durinq the pendency of said foreclosure I and said' sales zha'll .be subject to conf.irmation by court 'ord.er. 15.11 Right of Board of Director::! to Cut"e Defaults. . Nothing he'rein cont.ained shall limit or t"e.9trL:t the right of the Board of Directors on behalf of all the owners to cure default.s under mo.rtqage.s to which the liens created hereunder are .5uhordina.ted under this Section. the Board of Di~ec:ors is expres~ly a~thorized to-cure an.y and all such defaults ~y pay-ments to the mortgagee or mortg~gee5 of any defaulting owner from the cammon ·expense fund. A.ny such payments shall be specially assessed against the unit of the defaulting· owner and said .9pe=ial aS5e~~ment shall be secured by the lien creat·ed under Section 10 he::eof; provided, however, that the Board of DirectoI.9 shall not be able ~o assign their lien right:i under Section 10 or other .... ise transfer the unit or any inte·r.est th.erein except ""hen such trans!.e.r, occurs purs~ant to a lien foreclosure.proceeding. 15.12 Chanoe in Manager. In the event that professional manaqement is employed by the ,Association, at least thirty (~O)" days' written notice of any contemplated change in 'the professional manager shall be given ·to any -first mor:.gagee which has requested to be notified,. The. Assoo:::iation shall not· elect. to ter:minate 39 profe~sional ma.nagement. and aS5ume self mana.gement without the prior consent of seventy-five percent (75\} af all first mortgagees who have reque~ced to be advise~ of such eleccion; provided thAt such prior consent. shall not be requ:'red to chan.ge from one professional mana.ger to another prafessioilal ma.nager. SECTION 16 COMPI. LI1.NCE .·16.01 Enforcement. tach· owner shall comply strictly w1th the provision3 of this Declaration, the Bylaws, and the administra.tive ~les and regulations made pursuant tAe:eto as they may be lawfully amended from time to time. Failure to ccrnp·ly shall be grounds tor an action 1:0 .recov~r s~s due t·or; damages or injunctive relie!' or· both l maint.a.ina.ble by the Board of Director.:!' on. behalf of the OWner.s, or in a proper ca.se, by any aggrieved owner. Failure to . comply !Shall also entitle the Board 0: Direc.tors to recover any costs and reasonable attorneys!· fees incurred by ·re!3son of such ·failure whether or not such activities result .in suit being commenced or prosecut.ed .co jUdgment. IM. adf1iti.on~ the Boa.rd of D.irectors sha.ll· be ent.itled· to recover: costs and reasonable attorneys' fees if it prevails on appeal and in the· enforcement af a judgment. 16"~02 No Waiver of Strict· Performance. The failure of th.e Board ot . Direc:to.rs in anyone or mor~ in.::t.a.n.::es to insi.:!'t upon the strict performance of any of the te.z:ms, covenants,. conditions or restrictions of this Oeclaration l or o·{ the Bylaws, or to ex.ercise any right or option contained -in such documents, or to serve· a.ny· notic~ or to institut.e any action, sr.all not be: construed a.s a waiVer or a relin.quishment for the future of such 'term, covenant, . condition or re:striction, but such ter:n, covenant r condition .or res t.riction shall r~main in full ·foree and e! feet. the receipt l:?y the Board of Directors of any sum f=om an owner, with knowledge of any such breach shall nat be deemed a waiver of such breach, and no waiver by the Boarel ot. Directors of any provi.slon hereof shall be deemed to have been made unless expres3ed 1.:1 writing and signed by . the Board of Directors. This section also ext.ends:-to the Declarant's managing agent, exercising the power.:!' of the Board.of Directors ~urin.q the initial period of operat:an of the Association anQ .the condominium ?evelopment. SECTION 17 EAS&MENTS 17.01 In General. It is intended that in addit.ion to rights 40 under the A.ct, each unit has an easemer.t in and through each other unit and the common elements for all support elements and utility, wiring, heat and service elemer.ts, and for rea.sonabl~ access thereto. as required to eEfectuate artd continue proper operation. of L.his condominium plan. without l':'rniti:lg the generality of the foregoing, each unit and all cO~cfficn elements are .specifically subj ect to, _easementl:i . as required. for ~h~ intercom and -electrical entry system. if any, for the electrical wiring and plumbing, for the air conditioning lines and equipment, if any. for each unit, for tl'1e vacuum system. roughed-in in each unit l it any, for fireplaces and associated flues or chimneys, if any, and for the master ant.enna cab~e syscem" if any. finally. each unit as it is con.:structed is granted an ea.sement to wr.ich each other unit and ,all common elements are subjeet fo~ the location and maintenance of all the original equipment and facilities a~d utilities for such unit. The specific mention or .reservation of any easement .in this Declaration does not: limit or negate the general ~asement for common elements reserved-by law. All such easements :shall be located as 3uch features are located in the buildings as built, or a3 they may become lccated due to settling or repair or reconstruction. 17.02 Utility and Other EaS!!!ments. 'I'he Boa.rd of Directors sha.ll have the authority to grant permits, licenses and ea.sements over the common elements for utilities, roads and othe.'r purposes necessary for the p,roper operation of the condominium. 17.03 Association functions. Tr.<are is'' hereby t:eserved to De~laran~ and the Association, or their duly authorized agents and representat.ives, such 'ea.sement.s as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, the Bylaw$, or; the Association! s rules and.. ,regulations. 17."04 Encroachments, Each unit and all coltlmon elements a.re hereby declared to have an easement ov~r all adjoining units and common elements for the purpose of accommodating any encroachment due to engi.neering error:;, errors in ot"iginal con:,truction, se.:c:t:.lement or shifting of the building, or any other similar cause, and any encroachment due to building over-hang or projection. There shall be valid easements for the maintenance of said encroachments so long as they shall exist, and the rights and obligations of owne:rs shall not .be . altered in any way by said encroal::bment,. 5ettl~nq or shiftinqi provided, however, that in no evenC shall a valid easement for encroachment be created in favo~ of an owner or o~ners if said encroachment OCCurr!!!d due to the willful act or acts with .ftll.l. knowledge ot :!aid· owner or Qw:\ers. In the event a' 'unit or cornman elements are partia.lly or totally destroyed, a.nd then 41 rep~ired or rebuilt I the owners agree that minor encroachments over adjoining units and common ~lements shall be permitted. and that there shall be valid ea.sem.ents fox the maintenance· of sa.id encroachments so long'. as they shall exist. The foregoing encroachments shall not be construed to be encumbrances affect~q the marketability of title to any ~n.it. 17. 05 Easement for Construction. There is retained by the Declarant l for exercise by it and its successors and assigns, or for e>:ercise by the Board of Directcrs if work is not completed by Declarant or his successors and assigns, an easement for the purpose of completing construction or repair of the condominium and all. its units. Th.is eas·ement affects all parties of the property· as required. 17.06 Right of ~ntry for Maintenance, Repairs, Emergencies or Improvements. The Associa~ion shall ha'J"e the right. to have access· to each unit ·from time 1:0 time as may reasonably be necessary for maintenance, repair or replacement or improvement ot any' of the .common elements accessible therefrom, or for making repairs necessary to prevent damage to the cornmon elements or to the other units, or for .. any emergency situations. SECTION 18 PROC£OORgS fOR SUBDIVIDING OR COMBINING 18.01 Procedure. Subdivision or conbining of a.ny unit or units or common elements are.authorized only as follows: 18.01.l Proposal for· Subdividing or Combining. Any· owner ot any unit may propose any subdividinq or combining o-f· a unit or units or appurtenant common elements in. writinq, together with complete plans a.nd sp·ecifications :or acc01t\plishing the sa.me and a p.roposed amendment to the Declaration, Survey Map and· Plans .cov~ring such subdividing or combining , to the· Board of Dire~tors. wh·ich shall then notify all other owner.:! of the reques·ted subdivision, com!Jination o.r partition. . 1er.Ol.2 Necessary Vota, (J;:;on written approval ·of such proposal by Qwners having at least seventy-five (75) votes. exclusive of votes held by t.he Decla.rant, and th.e unanimous approval of the proposal by the miners of the units to be subdivided or combined, together wi.th such mortgagee approval as is required in Section 15. the owner making the proposal may proceed according· to· such plans and .:lpecifications; ~rovideQ that the Board of Directors nay· in its discretion (but it is not mandatory that the Board exercise th~.s authority) req'..l.ire that the Board of 12 Directors administer the work or that provisions for the protection of other units or common elements or reasonable deadlines for completion of the work be inserted in :he contracts for the work. SECTION 19 AMENDMENT Of OE'CLARATION, SURVE'r HAP, FlJl.NS 19.01 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled nAme.nd.m.en"t to Declaraticn n which .sets forth the entire: amendment. Except as other .... ise specifically provided for in this Declarat:ion, any proposed amendment must be approved by a ~ajority of the Board of Direetars prior t'o its adoption by the owners. Amendments may ,be adopted at a meet.ing of the owners if owners holding at least seventy-five (75) votes vote in favor 0: such amendment. or without any meeting if 'all owners have been duly notified and owners hold'ing at least seventy-five (75') votes consent in writing to such amendment. In. all even_ts, the amendment when adopted shall bear t'he signature of the president of the Association and shall be attested by the s.ecretary/treasure!"', who :sha.ll state whether the. a~endment was properly adopted, and shall be acknowledged by them as officers of' the JI..ssociation. Atnendme:1t.s once, properly ad.opted shall be effecti,ve upon: recording in ~he appropriate -gov,ernmental offices. Notwithscandinq the foregoing, no amendment may _create.or increase special declarant ri;hts {as de!ined in the Actl, increase the number of unit.s, change the bounda.t'ies of any -\Jnit, the: alloeated interests of a .unit, or the -Uses to which any u'nit is restrieted, unless the requirements at the Act tor adopting such amendments are satisfied,. It is specifically convented and understood that any amendment to this Declaration properly adopted. ~ill _be completely effective to amend any or allot the covenants, condi.tions and restrictions contained. herein which may be affected and any or all clauses ot th.is Declaration 01:' Survey Map and pians unless. othe.rwise spec:ific-ally provided in th.e section being amended or the o!.mendrnent itself. 1'9.02 Map, and Plans Amendment. Except as otherwise provided herein, ·the Survey Hap'and E'lans may be amended by .tevised versions or revised portions thereat: referred to and desc;ribed as to effect 'in an amendment to the Declaration adopted as provided for herein. Copies of any suc:h proposed ~mendme.nt to the Survey Hap and Plans shall be maoe available fer'the examination of every o~nex. Such amendment to the Survey Map and Plans shall ,be effectiV'e, onc-e properly adopted; upon :recordation in the app=opriate county office 'in conjunction with the 'Oe;clara~ion amenC:ment~ 19.03 Amendrrle.nt.s by Oeclarant. -The Oe.c.larant. may at any time, 43 • until all units in any Phase have bee~ sold by Declarant, record an amendment to the Declaral:.ion changing the person who is to 'receive service of process, and such am~n~~ent ~eed by aCknowledged only by the Declarant and need not otherwise comply with the requirements of this Section 19. Declarant may also record an aIDendment ~o the Declaration and to the Survey Map and Plans to add Phase Two and Phase Three or either of them to the condominium ProjeCt. These amendments need be ~cknowledged only by the Declaxant and ne~d not otherwise comply with the requirements of this Section 19 but must be recorded within seven (7) years !:om the date of recording of this DeC!,;j.ration. 19.04 Amendments to Conform to Construction. In addition. De~larant. upon Declarant's sole signature, may at any time until all units have been sold by Declarant, file an amendment to the. Declaration and to the Survey Map and Plans to conform them to the act:ual location of any of th"e constructed improvements and to establ~sh. vacate and relocate utili:y easements, access road easements, or storage facilities, and any such ~endment need not otherwise comply with the re'quirements 0: th.is Section 19. 19. OS Dis·continuance of Condominium. Any deCision or failure to act by the owners under this Declaration or any app~icabLe provision of law which int~nds or requires discontinuance of this. co·ndaminium or removal of the property· from the provi:iiions of the Act, shall, if such decision or failure to act is sufficient under the Act, also terminate and discontinue the ef·fec;.t of any 'and all of the covenants, conditions, and restrictions set forth herein, and all provisions of the Survey Ma~ and Plans, unless other specific provision is made by recorded· amendments to t~e Declaration, and, it required, ·to the Survey Map. a.nd Plans. SeCTION 20 MIsceLLANEOUS 20.01 Notice. Except a~ may be specifically·p~ovided herein~ all notices, requests, demands, statements, advice, assessments, notifications and otner communications contemplated hereunder or given pursua.nt hereto. shall be in ..... ri ting and shall be deemed given 'and effectiVe when delivered perscmally, or twenty-four· (241 hours· after a copy has been deposited in the mails f fir$t clas$ postage· prepaid, addressed as follows: To As.sociaticn: To the address of the condominium. , . To Owners or 'rhei.r Desianated Representatives: To the address in t.he Sta~,e of Washington specified by such o .... ner in writing 1:0 the Board at Direc tors in accorc!ance wi th the Bylaws I or I if no such address has been so specified, to the address of the unit owned by su.ch"own.st"'. To Other Persons Entitled ~o Notice: To the address provided to the Association by each such person pursuant to .a written request for such notice:. To the Directors, Manaoer, Chairman, Secretary and Treasurer: To such person or entity at the address of the condominilJm. 20.02 Notice to Mortgagee. Upon w=itten request to the Board of Dirao,tors for notices and for a periOd of three {31 years ·thereafter (or for such -longer period as the Eoard 0,£ Directors shall set), the mortgagee of, any unit \Jill be entitled to each' notice permitted or requix'ed herein to be given to the owner whose unit is subject to the mortgage. No not.ice to such o';"oer shall be deemed validly given until and unless each mortqaqee of such owner entitled to notice is also given such notice. A request for notices may be renewed periodically until ,said mortgage is discharged of zecord. 20~03 Service of Process. Until ::IlJch ':.ime as the final Board o£ Directors is elected by the owners at a meeting of the As.so·ciation called' for that purpose, Jay Kobza is hereby authorized to receive service of p'rocess on be.half of the Associa.tion in cases provided for in :he Act. The address for Jay Kobza is 5032 Ramblewaod Lane S.E., Olympia, WA 98513. After the election of a Soard of Directors, the President of said Board and each suc~essor Presid.ent, duri.!"".g the tim.e he is President, is authori~ed to receive service of process in cases provided for in the Act. .' 20.04 Remedies Not EJCclusive.· No dght or remedy conferred or reser.ve:d J;!y this Declaration is exclusive of any other right or .remedy, but each is cumulative., and shall be in "addition to every other right or remedy given hereby or hereafter eKisting at law 45 , '. or equity or by statute. 20.05 Mortgagee's Acceptance 20.05.1 Priority of kJlorlgage. This Declaration shall not initially be binding upon any mortgagee of record at the time of recording of said Decla~atior. hlJt rather shall be subject and subordinate to the interest of said mortgagee. 20.05.2 Acceptance LJDon Fi~st Conveyance. Declarant shall not consummate the conveyance of title of any unit until said mortgagee shall have accepted the provisions of this Declaration and made appropriate arrangeme::1ts, in accordance with the Act, for partial release of U:1its with their appurtenant limited cornmon elements and percenlages of interest in common elements from the lien of said rr:ortgage. The issuance and recording of the first such partial ~elease by said mortgagee shall constitute its acceptance 0: Lte provisions of this Declaration and the condominium status o~ the units remaining , subject to its mortgage as well as :ts ack~owledgment that such appropriate arrangements for partial ~eiease of units have been made; provided, that, except as to c:nits so released, said mortgage shall remain in full effect as to the entire property. 20.06 Severability. If any ~erm or provision of this Declaration or the application thereof .to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Declaration, and t~e application of such term or provision to persons or circcmstances other than those to which it is invalid or unenforc8J.ble shall not be affected thereby, and each term and provision 0: this Declaration shall be valid and enforceable to the fullest extent. 20.07 Effective Date. The Declaration shall take effect upon recording. 20.08 Reference to Survey G~ap and Plans. The Survey Map and Plans of the building refer red to herein were filed with the Recorder of King County, Washington, simultaneously with the recording of this Declara~io~ under file No: in Volume of Condo~iniums, pages through 46 Printed: 02-27-2007 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA07 -023 02/27/2007 10:04 AM Receipt Number: NT pL),NNltIG oEV~~~~ RENTON fEB 272007 RECEWED R0700823 Total Payment: 2,000.00 Payee: MURRAY ANDREW KAHN Current Payment Made to the Following Items: Trans Account Code Description 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5020 000.345.81.00.0017 Site Plan Approval Payments made for this receipt Trans Method Description Amount Payment Check 5686 2,000.00 Account Balances Amount 500.00 500.00 1,000.00 Trans Account Code Description Balance Due 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/ErS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00