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'., t• a:'d..'� 4' �� k VL^ { �. �:Y'„'£_r, "%11n hv'MR, .i;;,al�, { f,' k s..t i"-�'0��." :3 � '•�" r9Y;'S,� tiiffii1•t �,� t ,(.k+r..,,w�l;�`;r��`nc.`-� ''i, �.�;,'.� ti' r . t 4 ,«lr K AvAr,.,w,n ,..r;, .s�ri� r1,,.,,,, i, n t%;•t,: �, Ir • ,i•V 'IS ' e ; .:'� •�•,�t •c .t t aj y � '.1 ' �',','�Y;Ys��1-r,{ r �,,. I`. '$•: `t : i `r- t P t f '",i'. {fi f_ — N.4 '',+:: 2i SN'' .�,. ix,4 .,:f.,.,•;5s? .li. "•;. "1'S .Y7s" • . :'�"�:. ` �' r�'Y{:�•�:��� ' '�App1 scant 'A.A.D. Investment Co. (George Xenos - Property K ,?, ,'' Development.a 'v`'' p t Associates) 3000 NE 100th �_r�_�_.�s� w ��, jy. - men , Seattle, WA 98125 �x 4 �, ri k i,t1, '�' v-4 011.1 F41 .k` , 1. File No. ' R-022-80 533-3932 tt "� Project Name SEE ABOVE • •"`'.i:,„',1'"' ;;•:..'t-'` ,;,, `",!; Property Location Southeast corner of Duvall Avenue •'',,'i f:' NE and NE Sunset Boulevard `t HEARING EXAMINER: Date Y/_(,'3_$'0 • ;t `i Recommendation IjffOvp/ t / 'v 11di'717ons Req./Rec. Date Received (.ZS_go Date Response ' .2S' re Appeal - Date Received i I Counci l Approval - Date /9/6 n Ordinanc L,/ 3 7 Date f//)9/gc Mylar to County for Recording • Mylar Recording # . • Remarks: • • . • • • V i•f'. • 4 ::::::::t ; , ) • 4:f4o•„„ RECEI VED e. c C1TY o(RLNTOry. s CLEQII'S OFFICE :��u.,' 4; t e b�V Form 81 rt `\'c\3 °� vcJ�9 • ` `� iAffidavit of Publication U '980 `� `� EcEi 3 \., cry of a� �,31 STATE OF WASHINGTON, ss. ,� .. �,4. := COUNTY OF KING, t., S � '� C. BELL being duly sworn, says that she is the principal Clerk of Seattle Times Company, publisher of THE SEATTLE TIMES, a daily newspaper, printed and published in Seattle, King County,State of Washington;that it is a newspaper of general circulation in said County and State; that it has been approved as a legal newspaper by order of the Superior Court of King County; that the annexed, being a retail ad , was published in said newspaper, and not in a S (1171 Zan/E supplement thereof, and is a true copy of the notice as it was printed in the re erl'ar, -� i issue of said paper on the following day or days June 18 , 1980 $2 9. 4 3 Ordinance No. 3437 • SoafN Zo,JE and that the said newspaper was regularly distributed to its subscribers during all of said, period. • T CITY OF RENTON,WASHINGTON '•• , ORDINANCE NO.3437 a. , WASHINGTON,N N C O THE TITYTHE OF NG CLAS- SIFICTION CHANGINGERTINEPONINGCLAS- ' ,����n SIFICATION OF CERTAIN PROPERTIES Ijj/(///(//( �////_ ERALN FROM GEN- I WITHI CLASSIFICATION N THE CITY OF R(G)TTO RESIDENCE d., DISTRICT (R-2) and (R-3) R-022-80 (AAD IN- II VESTMENT CO.) '° WHEREAS under Chapter 7,Title IV(Building Subscribed and rn t b re me this Fourteenth Regulations)of Ordinance No.1628 known as the day , "Code of General Ordinances of the City;of 1.- Renton,"as amended,and the maps and reports ,k of August 1C�8 adopted in coniunctlon therewith, the property hereinbelow described has hereto);andfore been zoned .1 as General Classification(G);and �( WHEREAS a proper petition for change of zone I• classification of sold property has been filed with the Planning Oepartn(ent on or about Marctr'6, ,,- Notary Public In d for a State of Washington 1980, which petition was duly referred to the naldln® seam. Hearing Examiner forra�investigation, study and public hearing,and a public hearing having been • held thereon on or about April 8, 1980, and said matter having been duly considered by the,Hear- • ing Examiner and sold zoning request being'in conformity With the Ctty's Comprehensive Pion, i as amended, and the City Council having d01y considered all matters relevant thereto, and'dil parties having been heard appearing in support thereof or In opposition thereto, NOW _ _____._ -_ __ THEREFORE THE CITY COUNCIL OF'THE CITY OF REN • - TON, WASHINGTON, DO ORDAIN 'A'S FOLLOWS: •SECTION 1:The following described property In the City of Renton is hereby rezoned to Residence District(R-2)and(R-3)as hereinbelow specified; subiect to the findings,conclusions and decision dated April 23,1980,as amended by letter'doted April 28, 1980; the Planning Director is hereby - authorized and directed to change the mops of the Zoning Ordinance,as amended,to evidence said rezoning,to-wit: Lot 7 of Joseph P.Marshall Tracts,as per plat recorded in Volume 38 of plats,on page 30,records of King County;EXCEPT the East 135 feet of the _ North 80 feet of the South 510 feet thereof; EXCEPT that portion of said Lot conveyed to Kilig County for road by deeds recorded under Auditor's File Nos.6478059 and 4614810;AND EXCEPT that portion of said Lot described as follows:Beginning at the intersection of the centerline of Primary State Highway No.2(Sunset Highway)with a line which is 50 feet easterly of and parallel with'the centerline of 138th Avenue Southeast, as'estab- lished by Quit Claim Deed recorded under Andi- for's File No.641480; thence South 4°58'22"West , along said parallel line 250 feet to the True Poiriirof Beginning;thence North 4°58'22"East along Old parallel line 179.19 feet to the point of curvaturerof a 25 foot radius curve to the right; thence northeasterly along said curve 29.52 feet to'the point of Compound curvature with a 1382.47 foot radius curve concave to the Southeast,said cu'iie being parallel with and 50 feet distant from'the I aforementioned centerline of.Primary State HIeh- way No.2;thence northeasterly along said crkr'e 93.03 feet to a-point of tangency; thence North 76°28'22"East 48.55 feet to a line which is 100 feet 1 from,when measured at right angles and p&rdllel• with the East line of said Tract 7; thencenckith I 1°21'26"West along said parallel line 240.26Teet'to I a point which bears South 88°39'34"East from'the True Point of Beginning; thence North 88°30'23" West 164.25 feet to the True Point of Beginnfrib; , SUBJECT TO an easement over that portion'of , ' Tract 7,Joseph P.Marshall Tracts;accordinb'to the plat recorded'In Volume 38 of Plots,page 30,'In.' • King County,,Washington, lying westerly of'the I East 135 feet of Said Tract and being a strip of fad. 20 feet In width extending 10 feet on each sidi:'of I the following described center line: Beginninbrat the Southeast corner of said Tract 7;thence North 1°21'26"East along the East line thereof 430 fat; thence North 88°39'04"West parallel to the SOOth g line of said tract, 135 feet to the True Point°of 1 Beginning;thence North 57°22'56"West 47.17'feet !! to the point of curvature of a curve to the right I having a radius of 510 feet;thence northwestbFiy along the arc of said curve 111.52 feet; thence 1 . North 44°51.12"West 30 feet more or less,'to'the 1 easterly line of 138th Ave.Southeast and the micro( 1 said centerline. (Sold property being locatenrot , Southest corner of the Intersection of Du Wall I Avenue N.E.and Sunset Boulevard N.E.) SECTION II:This Ordinance shall be effective upon Its passage,approval and five days after its publication. PASSED BY THE CITY COUNCIL,this 9th'day of June,1980. 1;x. 1 . • (s)Delores A.Mead,City Clerk • APPROVED BY THE MAYOR this 9th daY,'.of , - • June,1980. r (s)Barbaro Y.Shinpoch,Mayor 4, ' Approved as to form: ,. , (s)Lawrence J.Warren,City Attorney r, Date of Publication:June 18,1980 13 J �L411110 OF R , o THE CITY OF RENTON `$; MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 o �' BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9'O co. FRED J. KAUFMAN. 235-2593 O SEP��MO�Q 94, June 11 , 1980 Mr. George Xenos Professional Property Development 3000 N.E. 100th Seattle, WA 98125 RE: File No. R-022-80; A.A.D. Investment Company. Dear Mr. 'Xenos: The referenced rezone application was given final approval by the Renton City Council on June 9, 1980 by adoption of Ordinance No. 3437. Sincerely, 414-1 Fred J. Kaufman Hearing Examiner cc: Planning Department . b.o''C i t y Clerk OF I `*•••f THE CITY OF RENTON t$ .2, MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 CHARLES J. DELAURENTI MAYOR DE.LORES A. MEAD 0 Qr Barbara Y. Shthnpach CITY CLERK 0 1,0?" sEP1s- June 12, 1980 George Xenos Property Development Assoc. 3000 NE 100th Seattle, Wa. 98125 RE: Ordinance No, 3437 Recone _LAD Investment Co. Dear Sir, The Renton City Council, during its regular • Meeting on Monday, Erne 9, 1980 has adopted Ordinance No, 3437 A copy is enclosed for your information. Yours very truly, CITY OF RENTON Delores A. Mead, C.M.C. City Clerk DAM:d'ebfdb Enclosure 1 a 11114 le 6?zz-so CITY OF RENTON, WASHINGTON ORDINANCE NO. 3437 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM GENERAL CLASSIFICATION (G) TO RESIDENCE DISTRICT (R-2) and (R-3) R-022-80 (AAD•INVESTMENT CO.) WHEREAS under Chapter 7, Title IV (Building Regulations) of Ordinance No. 1628 known as the "Code of. General Ordinances of the City of Renton", as amended, and the maps and reports adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as General Classification (G); and WHEREAS a proper petition for change of zone classification of said property has been filed with the Planning Department on or about March 6, 1980, which petition was duly referred to the Hearing Examiner for investigation, study and public hearing, and a public hearing having been held thereon on or about April 8, 1980, and said matter having been duly considered by the Hearing Examiner and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or 'in opposition thereto, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: The following described property in the City of Renton is hereby rezoned to Residence District (R-2) and (R-3) as hereinbelow specified; subject to the findings, conclusions and decision dated April 23, 1980 as amended by letter dated April 28, 1980; the Planning Director is hereby authorized and directed to change the maps of the Zoning Ordinance, as amended, to evidence said rezoning, to-wit: See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property being located at Southeast corner of the intersection of Duvall Avenue N.E. and Sunset Boulevard N.E.) • • sA y 0 SECTION II: This Ordinance shall be effective upon its passage, approval and five days after its publication. PASSED BY THE CITY COUNCIL, this 9thday of June, 1980. 4&tw 1_ Z6tL o Delores A. Mead, C• y Clerk APPROVED BY THE MAYOR this 9th day of June, 1980.. y� �`JC,014.rd.r.co .Sk. n.po ch. Barbara Y. Shmpoch, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: June 18, 1980 • • ,l� • EXHIBIT "A" • R-022-80 CUD Investment Co.) Ordinance No. 3437 LEGAL DESCRIPTION Lot 7 of Joseph P. Marshall Tracts, as per plat recorded in Volume 38 of plats, on page 30, records of King County; EXCEPT the East 135 feet of the North 80 feet of the South 510 feet thereof; EXCEPT that portion of said Lot conveyed to King County for road by deeds recorded under Auditor's File Nos. 6478059 and 4614810; AND EXCEPT that portion of said Lot described as follows: Beginning at the intersection of the centerline of Primary State Highway No. 2 (Sunset Highway) with a line which is 50 feet easterly of and parallel with the centerline of 138th Avenue Southeast, as established by Quit Claim Deed recorded under Auditor's File No. 6414810; thence South 4°58'22" West along said parallel line 250 feet to the True Point of Beginning; thence North 4°58'22" East along said parallel line 179.19 feet to the point of curvature of a 25 foot radius curve to the right; thence northeasterly along said curve 29.52 feet to the point of compound curvature with a 1382.47 foot radius curve concave to the Southeast, said curve being parallel with and 50 feet distant from the aforementioned centerline of Primary State Highway No. 2; thence northeasterly along said curve 93.03 feet to a point of tangency; thence North 76°28'22" East 48.55 feet to aline which is 100 feet from, when measured at right angles and parallel with the East line of said Tract 7; thence South 1°21 '26" West along said parallel line 240.26 feet to a point which bears South 88°39'34" East from the True Point of Beginning; thence North 88°39'23" West 164.25 feet to the True Point of Beginning; SUBJECT TO an easement over that portion of Tract 7, Joseph P. Marshall Tracts, according to the plat recorded in Volume 38 of Plats, page 30, in King County, Washington, lying westerly of the East 135 feet of said Tract and being a strip of land 20 feet in width extending 10 feet on each side of the following described center line: Beginning at the Southeast corner of said Tract 7; thence North 1°21 '26" East along the East line thereof 430 feet; thence North 88°39'04" West parallel to the South line of said tract, 135 feet to the True Point of Beginning; thence North 57°22'56" West 47. 17 feet to the point of curvature of a curve to the right having a radius of 510 feet; thence northwesterly along the arc of said curve 111 .52 feet; thence North 44°51 '12"West 30 feet more or less, to the easterly line of 138th Ave. Southeast and the end of said centerline. • • 41,1,;;f. ‘',• • t,'''•?•,1•...,...;;..?;?4,..:%, • p.s,';‘,13.,,.•,',./.;avloti b„„. 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Pia P—PtoLbse/4vaso•Ribt.LD- 1 otA,be4IsdylVivi4;131it plp, par ksiReereeekon PAD- Medi.vmq Dertsily it)v140(e . . (i!glorD069 04.4 P • , 4 r• ez 4_ 'e"114_9'5,• . ti":" Renton City Council 6/9/80 Page 3 OLD BUSINESS - Continued Civil Service Councilman Stredicke questioned Civil Service appointments Appointments without legislative approval . Mayor Shinpoch agreed to Consent Agenda placement for all future Police/Fire Civil Service appointments. Board of Councilman Stredicke called attention to a letter received from Adjustment Kenneth Swanigan, Chairman of the Board of Adjustment regarding Requests Section 4-707(2) of the Zoning Ordinance re size of detached Zoning Change buildings within an R-1 zone. MOVED BY STREDICKE, SECOND REED, REFER THE 6/9/80 BOARD OF ADJUSTMENT LETTER TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Planning and Planning and Development Committee Chairman Rockhill reported Development review has been completed of the Hearing Examiner Ordinance and Committee in presently being typed for presentation to Council . Public Safety Public Safety Committee Hughes presented committee report which Committee recommended that no action be taken at this time regarding the Gambling Tax City's gambling tax and noted City's taxing rate of 5% of gross receipts received on pull-tabs which is maximum permitted by state law. The report also noted cities are prohibited by state law from issuing gambling licenses. MOVED BY HUGHES, SECOND REED, ADOPT THE COMMITTEE REPORT. CARRIED. Horizons Horizons Committee Chairman Clymer expounded July 4th celebration Committee at Liberty Park noting Council has been again challenged by the Julth Senior Citizens for a baseball game. Ways and Means Ways and Means Committee Chairman Clymer presented committee report Committee recommending concurrence in the Mayor's appointment of Pete Appointment Stafford to the Human Rights and Affairs Commission for a two-year Confirmed term effective through 4/25/82. MOVED BY CLYMER, SECOND HUGHES, Human Rights CONCUR IN THE RECOMMENDATION. CARRIED. Planning The committee recommended concurrence in the Mayor's appointment Commission of James Breda to the Planning Commission effective through 6/30/82. MOVED BY CLYMER, SECOND SHANE, CONCUR IN REPORT. CARRIED. Voucher The Ways and Means Committee recommended Council approval for Approval payment of Vouchers No. 28590 through No. 28819 in the amount of $258,545. 14 having received departmental approval as receipt of merchandise and/or services; plus LID #307 Revenue Warrant R-13 $2,860.80 and Cash Warrant C-17 $2,860.80. Vouchers 28585 through 28589 machine voided. MOVED BY CLYMER, SECOND SHANE, CONCUR IN RECOMMENDATION. CARRIED. ORDINANCES. AND RESOLUTIONS Ways and Means The Ways and Means Committee report recommended second and final Committee readings for the following ordinances : (First reading 6/2/80) Ordinance #3437 An ordinance was read changing the zoning classification of AAD Investment Co property located at the southeast corner of Duvall NE and Sunset Rezone 022-80 Blvd. NE from G to R-2 and R-3 known as the AAD Investment Co. MOVED BY SHANE, SECOND CLYMER, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #3438 An ordinance was read amending the due dates on Utility Tax Utility Tax payments from quarterly to monthly payments. MOVED BY CLYMER, Payments SECOND HUGHES, ADOPT THE ORDINANCE AS READ. ROLL CALL: 6-Ayes: TRIMM, CLYMER, HUGHES, ROCKHILL, STREDICKE, REED. Councilman Shane did not choose .to vote, claiming not fully informed. MOTION CARRIED. Ordinance 13439 The committee recommended first reading, suspension of rules and Appropriation advancement ofan.ortlinance for second and final readings that Fire Station #12 appropriated and transferred funds in amount of $17,544 for Roof Repair roof repair of Highlands Fire Station #12 (formerly known as Station #2) . Following reading, MOVED BY CLYMER, SECOND SHANE, SUSPEND RULES AND ADVANCE ORDINANCE TO SECOND AND FINAL READINGS. CARRIED. Ordinance was read appropriating and transferring emer- ency funding. MOVED BY CLYMER, SECOND ROCKHILL, ADOPT ORDINANCE. ROLL CALL: 6-AYES: TRIMM, CLYMER, HUGHES, ROCKHILL, REED, SHANE. ONE NO: STREDICKE. MOTION CARRIED. Renton City Council 6/9/80 Page 4 ORDINANCES AND RESOLUTIONS - Continued - Ways and Means Committee First Reading The Ways and Means Committee recommended the following ordi ances for first reading and referral back to committee: Alley Vacation An ordinance was read vacating a portion of alley located b=tween VAC-1-80 Burnett Ave. N. and Park Ave. N. , between N. 30th St. and N. 29th Street; petition originally filed by Casper. MOVED BY CLYM:R, SECOND HUGHES, REFER THE ORDINANCE BACK TO THE WAYS AND MEA S COM- MITTEE FOR ONE WEEK. CARRIED. Renton Elks An ordinance was read changing the zoning classification di •trict Rezone 028-80 from GS-1 to Business District B-1 of property located west of the existing Renton Elks Club and east of Benson Rd.S. and nown as the Renton Elks Rezone. MOVED BY CLYMER, SECOND HUGHES ' EFER ' ORDINANCE BACK TO COMMITTEE UNTIL RESTRICTIVE COVENANTS FIL;D. CARRIED. Resolution #2342 The committee recommended reading and adoption of the folio ing: Unemployment A resolution was read transferring $3,438.05 from Cumulativ- Compensation Reserve Fund Unemployment Compensation unto Expenditure Fun. for Unemployment Compensation for first quarter of 1980. MOVED BY CLYMER, SECOND TRIMM, ADOPT THE RESOLUTION AS READ. CARRIE). Resolution #2343 A resolution was read setting a public hearing 7/14/80 to consider Proposed Street proposed street vacation of a portion of NW 7th St. located westerly Vacation Portion of Rainier Ave. N. , being the easterly portion of NW 7th St of NW 7th St. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS REA) . VAC-03-80 , CARRIED. Petition filed by Robert Dickson. NEW BUSINESS Parking and Councilman Shane inquired re parking requirements for busin-sses 1 .,Traffic Signals and new buildings in the downtown business area and was. adv sed by Mayor Shinpoch and Councilman Clymer of the change in pa king regulations at the time of formation of the Central Busines'. District LID Project. Following further discussion, it w,:s MOVED BY SHANE, SECOND STREDICKE, THE SUBJECT OF TRAFFIC SII.NALS ON PARK AVENUE BE REFERRED TO THE TRANSPORTATION COMMITTEE. CARRIED. ADMINISTRATIVE Mayor Shinpoch recalled that Council approved $15,000 in the REPORT 1980 Budget for a Utility Rate Study by an outside consulta t; Utility Rate previous rate study 1970. Consultant selection committee: Study Public Works Director Gonnason, Public Work Coordinator, Vi ce Lee and Deputy Finance Director Bennett. The Utility Rate S udy will be presented to Council upon completion and provide: 'n analysis of the present rates, projections of future revenue and capital requirements, alternative rate structures and a analysis of systems development fees. City Shop Site Mayor Shinpoch announced Councilman Clymer was selected to '.erve on the Architect Selection Committee for the new City Shops Fire Station #13 Mayor Shinpoch reported six new firefighters will be recrui ed to accommodate manning of new station and will complete their. t ain ing prior to anticipated station opening in early September Funds were appropriated in the 1980 Budget. AUDIENCE COMMENT Kay Johnson, Renton Chamber of Commerce, 300 Rainier Ave. N , New City Map announced new city maps have been printed and a supply made available for distribution by the City. Gloria Bird, 8722 S 121st St. , Seattle, reported citizens o Bryn Mawr take an active interest in the City of Renton and extended compliments re parks and programs. Taxi Cabs Dorothea Rood, President OK Cab Co. , noted recent $900 fees requested ordinance change for additional taxi zone space a d also requested meeting with appropriate committee. ADJOURNMENT There being no further business to come before the Council , it was MOVED BY TRIMM, SECOND STREDICKE, COUNCIL, MEETING ADJOU'N. CARRIED. 10:00 p.m... Delores A. Mead, C.M.C. , City Clerk 4 de Renton City Council 6/2/80 Page 5 OLD BUSINESS - Continued Ways and Means Ways and Means Committee Chairman Clymer submitted committee Committee report concurring in Mayor Shinpoch's appointment of Robert Appoo intment McBeth to the Fire Civil Service Commission, replacing George Fire Civil Pasco who has resigned; effective through 12/31/82. MOVED BY Service CLYMER, SECOND HUGHES, CONCUR IN COMMITTEE REPORT. CARRIED. Councilman Stredicke requested his No vote be recorded. ORDINANCES AND RESOLUTIONS First Reading The Ways and Means Committee recommended first reading for the AAD Investment following ordinances : Rezone An ordinance was read changing the zoning classification from G to R-2 and R-3 for property located at Duvall NE and Sunset Blvd NE, known as AAD Investment Co. Rezone R-002-80. MOVED BY CLYMER, SECOND HUGHES, REFER ORDINANCE BACK TO THE COMMITTEE. CARRIED. Utility Tax An ordinance was read amending the City Code regarding the due Ordinance dates on Utility Tax payments. MOVED BY CLYMER, SECOND ROCKHILL, REFER ORDINANCE BACK TO COMMITTEE FOR ONE WEEK, CARRIED. The Ways and Means Committee report recommended first reading, suspension of rules and advancing the ordinances to second and final readings. Ordinance #3435 An ordinance was read establishing 1975 Water/Sewer Construction 1975 Water/Sewer Fund No. 415. MOVED BY CLYMER, SECOND HUGHES, ADVANCE ORDINANCE Construction Fund TO SECOND AND FINAL READINGS. CARRIED. Following reading, MOVED No. 415 BY CLYMER, SECOND TRIMM, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES, CARRIED. Ordinance #3436 An ordinance was read providing for appropriation and transfer Appropriation of $29,728 from Library Fund Excess Revenue to Library Equipment Library Funds Items and Library Facilities. MOVED BY CLYMER, SECOND TRIMM, SUSPEND RULES AND ADVANCE ORDINANCE, CARRIED. Ordinance placed on second and final, readings. MOVED BY CLYMER, SECOND TRIMM, ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Resolution #2338 The Ways and Means Committee recommended reading and adoption of Maple Valley the following resolutions : Hwy. Traffic A resolution was read supporting citizens ' request for signaliza- Signal tion of intersection of 131st SE and Maple Valley Hwy. and urged State action. MOVED BY CLYMER, SECOND HUGHES, ADOPT RESOLUTION AS READ. CARRIED. It was requested by Stredicke that the City Clerk provide copies of the resolution to Director of Department of Transportation and Division Engineer, to the State Senators and Representatives of the llth, 35th, 41st and 47th Districts. Resolution #2339 A resolution was read transferring funds in amount of $297,500. 1975 Water/Sewer from 1975 Water and. Sewer Construction Fund to provide for Fund Transfer adjustment in the 1980 construction projects. MOVED BY CLYMER, SECOND STREDICKE, ADOPT THE RESOLUTION AS READ. CARRIED. Resolution #2340 A resolution was read amending the Fair Practices Policy re Fair Practices Employment Practices, Cooperation with Human Rights Organizations. Policy Affirmative Action Program and Contractors ' Obligations, MOVED BY CLYMER, SECOND TRIMM, ADOPT RESOLUTION AS READ. CARRIED. Resolution #2341 A resolution was read declaring intent to construct and install an LID 317 _8" water line near S. 132nd St. and, S. Langston Rd. and creating Waterline LID #317 and set date of 7/28/80 as public hearing. MOVED BY CLYMER, SECOND HUGHES, ADOPT THE RESOLUTION AS READ. CARRIED. ADJOURNMENT There being_ no further business to come before the Council , it was MOVED BY STREDI'CKE, SECOND REED, COUNCIL MEETING ADJOURN. CARRIED. Time: 10:59 p.m. LdLipiy_�/ a. tve2 a(— Delores A. Mead, C.N.C. City Clerk CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING OF JUNE_ 2, 1980 COMMITTEE DATE TIME CHAIRMAN LOCATION REMARKS COMMITTEE OF THE WHOLE Thurs. 6/12 8:00 P.M. TRIMM Council Chambers PLANNING AND DEVELOPMENT Thurs. 6/5 4:30 P.M. ROCKHILL 6th Floor Conf. Room COMMUNITY SERVICES Tues. 6/3 4:30 P.M. REED I3rd Floor Conf. Room 1 WAYS AND MEANS Mon. 6/9 7:00 P.M. CLYMER 6th Floor Conf. Room PUBLIC SAFETY Wed. 6/4 4:00 P.M. HUGHES 6th Floor Conf. Room Gambling Ordinance & Uniform Fire Code.Request Police,Fire & City Attorney-Reporesentatives TRANSPORTATION Tues. 6/3 Cancelled ' STREDICKE ' Tues. 6/10 4:30 P.M. 4th Floor Conf. Room UTILITIES Wed. 6/4 10:00 A.M. SHANE 4th Floor Conf. Room 111 OTHER MEETINGS & EVENTS LEOFF Board Wed. 6/4 7:30 A.M. 6th Floor Conf. Room J 111111 Renton City Council 5/19/80 Page 3 CONSENT AGENDA - Continued Water and .Sewer Letter from Public Works Department Utilities Division, Richard Construction Houghton, requested resolution for transfer of funds within 1975 Fund Water/Sewer Construction Fund to specific construction projects as approved by the State Auditor. Transfer in amount of $297,500. Refer to Ways and Means Committee. Change in Finance Director Gwen Marshall and Deputy Finance Director Bennett Tax Payment Dates requested amendment to OrdinancesNo. 2816.and No. 3086, license fees and utility taxes, changing payment from quarterly to bi-monthly payments or monthly payments. Refer to Ways and Means Committee. Planning Letter from Mayor Shinpoch appointed James Breda to the Planning Commission Commission to complete the term of Mark W. Halvorson, resigned. Appointment Appointment is effective through 6/30/82. Refer to Ways and Means Committee. Human Rights Letter from Mayor Shinpoch appointed Pete Stafford to the Human Commission Rights and Affairs Commission for a two-year term effective Appointment through 4/25/82 replacing Denton Lee who did not wish reappointment. Refer to Ways and Means Committee. Proclamation Mayor Shinpoch Proclamation declared the month of June 1980 as Burglary Prevention Month. Council concur. Proclamation Proclamation of Mayor Shinpoch declared National Public Works Week May 18, through May 24, 1980. Council concur. Damages Claim Claim for Damages was filed by Thomas M. Monroe alleging a rock from City truck hit his windshield; claim in amount of $149.59. Refer to City Attorney and Insurance Carrier. Damages Claim Claim for Damages was filed by Washington Natural Gas Co. alleging gas line was dug up by City equipment repairing water line; $104.91 . Refer to City Attorney and Insurance Carrier. A.A.D. Investment Land Use Hearing Examiner Fred Kaufman recommended approval with Rezone R-022-80 conditions for rezone from G to R-2 and R-3 property located at the southeast corner of the intersection of Duvall ,Ave. NE and Sunset Blvd. NE. The rezone was requested by A.A.D. Investment Co. in conjunction with application for Short Plat 443-79 and Exception 444-70 and Waiver 445-79. Refer to Ways and Means Com- mittee for ordinance. Consent Agenda MOVED BY TRIMM, SECOND HUGHES, APPROVE CONSENT AGENDA. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS West Hill Water Letter from Public Works Director Gonnason requested authorization Project for the City to participate in the reactivation of the joint West Hill Water Project with King County Water.Districts 14, 63, 69, 77 and 88. The letter explained that King County Water District No. 63 is reactivating the joint storage and transmission project which was programmed in 1976. The State Department of Health Services advises that a grant is available up. to $400,000 and that project would be eligible upon timely application. The letter reported Renton's share of $5,000 necessary for consultant to update study, would be $750; final cost of update and prelimin- ary engineering activity estimated to range up to $20,000 and authorization for additional funds will follow. MOVED BY TRIMM, SECOND ROCKHILL, REFER MATTER TO THE UTILITIES COMMITTEE. CARRIED. Proposed Letter from Planning Department Senior Planner David Clemens and Ordinance Director Ericksen, Asst. City Attorney Kellogg and Hearing Examiner Hearing Examiner Kaufman, presented revised Hearing Examiner Ordinance along with and Zoning certain sections of the Zoning Ordinance as requested by Mayor Shinpoch intended to clarify procedure, simplify administration and improve approval process. MOVED BY ROCKHILL, SECOND TRIMM, REFER ORDINANCES TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. I N Renton City Council 5/19/80 Page 4 CORRESPONDENCE - Continued Municipal Letter from Municipal Arts Commission Chairman Sylva Coppock Arts Commission invited Mayor and Council Members to attend the final progra Programs in "Shall We Dance" series at the Senior Citizens Center on June 2, and the "Ethnic Arts Fair" at Renton High School Caf-teria on May 23. Information. ADDED CORRESPONDENCE ITEMS Citizen: Letter from George A. Sidebotham, 1404 North 30th St. , compl= fined George Sidebotham of trash and litter from the 7-11 Southland Store adjacent t. Complaint: his single family residence. Sidebotham recalls his attempt. to Trash from 7-11 keep trash, bottles, cans and papers picked up and also has offered to build chain link fence for the 125' at half the c.st of material to no avail . Mr. Sidebotham felt that damage done o his property should be corrected by the company. MOVED BY STREDICKE, SECOND REED, REFER MATTER TO THE ADMINISTRATION. ARRIED. Citizens: A letter from Dale and Joan Frank, 475 Kirkland Ave. NE and Dale & Joan Frank petition signed by 27 area residents asked that a stop sign •e Complaint: removed from intersection of Jefferson, 5th Place NE and Kir land Stop Sign Ave. NE, unless evidence demonstrates that a dangerous situa ion exists. Moved by Reed, Second Trimm refer request to the Public Safety Committee. SUBTITUTE MOTION BY HUGHES, SECOND ROCKHI L, REFER MATTER TO THE TRANSPORTATION COMMITTEE. CARRIED. Appeal/ Courtcase An Appeal was filed in the matter of Building Permit B-6822 Lakeview Towers issued to Lakeview Towers Associates for condominium complex at 333 NW 2nd Place, by John Vertrees. Superior Court Case No. 80-2007528-4 was filed by Lakeview Towers Associates against the City and Fred J. Kaufman, Hearing Examiner, re matter of Hearing Examiner denial of appeal of Public Works Director determination that petitioner's Building permit null and void, due to unti ely filing of appeal . MOVED BY TRIMM, SECOND REED, REFER MATTER TO THE CITY ATTORNEY. CARRIED. Recess MOVED. BY STREDICKE, SECOND REED, COUNCIL RECESS. CARRIED. 1: : 18 p.m. Council reconvened at 9:28 p.m. and all Council Members were present as previously shown. Proclamation Proclamation of Mayor Shinpoch declared month of,May 1980 as Poppy Month and May 23 and 24 as Poppy Days in our communit . MOVED BY TRIMM, SECOND HUGHES, COUNCIL ACCEPT PROCLAMATION. CARRIED. Appointment Letter from Mayor Shinpoch appointed Robert McBeth to the Fire Civil Service - Civil Service Commission replacing George Pasco, resigned. Fire Appointment will be effective through 12/31/82. MOVED BY TRIMM, SECOND REED, REFER MATTER TO THE WAYS AND MEANS COMMITTEE. CARRIED. Report of City Clerk Mead reported receipt of Fifty-second Examination Examination of the City covering period 1/1/78 through 12/31/78 from State State Audit Auditor. The Audit Report includes interpretation of RCW 41 . 16.060 Firemen's Pension Fund. Records may be examined in the City Clerk's Office. OLD BUSINESS Airport Councilman Stredicke inquired re State Audit of Airport and Audit was advised that the preliminary report from the Auditor ha. been received with minor recommendations; Report of Examina ion not completed. The Mayor advised a copy of preliminary report was available. Transportation Transportation Committee Chairman Stredicke presented committee Committee report re Maple Valley traffic signal referred 3/17/80. Th= Traffic Signal committee had met with residents of the Paull 's Maplewood Addition at Maplewood area relative to a request for signalization at 131 Ave. SE and Addition the Maple Valley Highway; also met with State, King County .nd local officials. The report explained 5/13/80 meeting with the V .. For.use By Cit Clerk's Office Only A. I . # & AGENDA ITEM RENTON CITY COUNCIL MEETING SUBMITTING Dept./Div./Bd./Comm. Land Use Hearing Examiner For Agenda Of May 19, 1980 (Meeting Date) Staff Contact Marilyn Petersen (Name) Agenda Status: . SUBJECT: File No. R-022-80, Sh. P1. 443-79, Consent X E-444-79, W-445-79; A.A.D. Tnvestment Co. ; Public Hearing Correspondence Reg11Psi" for Rezone, Short Plat. Exception Ordinance/Resolution X and Waiver. Old Business Exhibits: (Legal Descr. , Maps, Etc.)Attach New Business Study Session A. Examiner's Report, 4-23-80 Other B. Request for Reconsideration, 4-25-80 • Approval : C. Examiner's Response, 4-28-80 Legal Dept. Yes No N/AX COUNCIL ACTION RECOMMENDED: Approval with Finance Dept. Yes_ No. '- N/Ax —77 Other Clearance conditions. FISCAL IMPACT: Expenditure Required $ Amount $ Appropriation- $ Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary.) The recommendation of the Hearing Examiner regarding the referenced rezone and short plat applications was published on April 23, 1980, and an appeal period establishedto expire on May 7, 1980. On April 25, 1980, a request for reconsideration was received from the Public Works Director, and the Examiner's response, dated April 28, 1980, amends the original recommendation regarding the rezone to condition development upon adequacy of sewers in the area. A new appeal period has been established to expire on May 12, 1980, and the report and subsequent correspondence are being forwarded to you for review prior to placement on the City Council agenda on May 19, 1980 for referral .to Ways -and Means Committee for preparation of an ordinance. PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See page 7 of the attached report. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. ,y y-"-`, 0 THE CITY OF RENTON coA. MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 o . ' BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9 `O FRED J. KAUFMAN. 235-2593 O9-1TD SEP1°'° May 13, 1980 Mr. George Xenos Property Development Assoc. 3000 N.E. 100th Seattle, WA 98125 RE: File No. R-022-80, Short Plat 443-79, E-444-79, W-445-79; A.A.D. Investment Co. Dear Mr. Xenos: This is to notify you that the above referenced requests for which the Examiner's report was published on April 28, 1980, have not been appealed within the time period established following the request • for reconsideration by the Public Works Director. Therefore, these applications are final and the rezone report will be forwarded to the City Clerk for transmittal to the City Council for final approval. You will receive notification of final approval upon adoption of an ordinance by that body. The short plat, which is conditioned upon approval of the rezone by the City Council, will be transmitted to the Planning Department, and we request that you contact that department for information regarding preparation of the final short plat mylar for filing with King County subsequent to final approval by the Council. Sincerely, Fred J. Kaufman Hearing Examiner cc: Planning Department City Clerk !!/// I....-.Jse •By City Clerk's Office Only • I A. I . # AGENDA ITEM RENTON CITY COUNCIL MEETING == ===== SUBMITTING • Dept./Div./Bd./Comm. Land Use Hearing Examiner ' For Agenda Of May 19, 1980 (Meeting Date) Staff Contact Marilyn Petersen (Name) Agenda Status: SUBJECT: File No. R-022-80, Sh. P1. 443-79, Consent X E-444-79, W-445-79; A.A.D. Investment Co.1 Public Hearing Correspondence RPc1naat for Raznne, Short Plat, Rxrpptinn Ordinance/Resolution X and Waiver. Old Business Exhibits: (Legal Descr. , Maps, Etc.)Attach New Business Study Session A. Examiner's Report, 4-23-80 Other B. Request for Reconsideration, 4-25-80 • C. Examiner's Response, 4-28-80 Approval : Legal Dept. Yes No_ N/AX COUNCIL ACTION RECOMMENDED: Approval with • Finance Dept. Yes No. '' N/A X • conditions. Other Clearance FISCAL IMPACT: Expenditure Required $ Amount Appropriation- Budgeted $ Transfer Required $ SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary.) The recommendation of the Hearing Examiner regarding the referenced rezone and short plat applications was published on April 23, 1980, and an appeal period established to expire on May 7, 1980. On April 25, 1980, a request for reconsideration was received from the Public Works Director, and the Examiner's response, dated April 28, 1980, amends the original recommendation regarding the rezone• to condition development upon adequacy of sewers in the area.. A new appeal period has been established to expire on May 12, 1980, and the report and subsequent correspondence are•being forwarded to you for review prior to placement on the City Council agenda on May 19, 1980 for referral to Ways.and Means Committee for preparation of an ordinance. . PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See page 7 of the attached report. SUBMIT THIS COPY TO CITY CLERK BY NOON ON THURSDAY WITH DOCUMENTATION. Warren C. Gonnason Page Two April 28, 1980 site plan approval by the Hearing Examiner pursuant to a public hearing, and that no clearing or grading occur prior to such review. ORDERED THIS 28th day of April, 1980. Tir:a Fred J. ufman Land Use earing Examiner TRANSMITTED THIS 28th day of April, 1980 to .the following parties of record: George Xenos, Property Development Assoc. , 3000 N.E. 100th, Seattle, WA 98125 Charles Kinzel, 1320 Duvall N.E. , Renton, WA 98055 • TRANSMITTED THIS 28th day of April, 1980 to the following: Mayor Barbara Y. Shinpgch Councilman Richard M. Stredicke Gordon Y. Ericksen, Planning Director Michael Hanis, Planning Commission Chairman • Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, a new appeal period has been established upon publication of the above response to a request for reconsideration to expire on May 12, 1980. • INTEROFFICE CORRESPONDENCE Date April 25, 1980 TO: Fred Kauffman, Hearing Examiner ' FROM: Warren C. Gonnason, Public Works Director SUBJECT: AAD Investment Co. Rezone/Short Plat We hereby request that you reconsider your rezone of the above referenced plat subject property located in the southwest quadrant of Duvall Ave. N.E. and N.E. Sunset Blvd. Under the utility item, it was stated that the sanitary sewer system was at capacity at the present time. It would appear to us that little or no weight was given to ,that particular utility in this case. We have no objections to the short. plat nor do we have any objections to servicing the existing facilities at that location. However, we have no capability for the increased density that would be created by the rezone. The rezone is premature for the property at this time because the sanitary sewer system can not handle any additional flows created by increase in density of population. The rezone should be either denied or conditioned that the above stated problem is resolved to the satisfaction of the Public 'Works Department. RCH:pmp RECEIVED CITY OF RENTON HEARING EXAMINER APR 251980 AM PM 7,8191IAJL121$1213141516 INTEROFFICE CORRESPONDENCE Date April 25, 1980 TO: Fred Kauffman, Hearing Examiner FROM: Warren C. Gonnason, Public Works Director SUBJECT: AAD Investment Co. Rezone/Short Plat We hereby request that you reconsider your rezone of the above referenced plat subject property located in the southwest quadrant of Duvall Ave. N.E. and N.E. Sunset Blvd. Under the utility item, it was stated that the sanitary sewer system was at capacity at the present time. It would appear to us that little or no weight was given to that particular utility in this case. We have no objections to the short plat nor do we have any objections to servicing the existing facilities at that location. However, we have no capability for the increased density that would be created by the rezone. The rezone is premature for the property at this time because the sanitary sewer system can not handle any additional flows created by increase in density of population. The rezone should be either denied or conditioned that the above stated problem is resolved to the satisfaction of the Public Works Department. •, / l RCH:pmp RECEIVED CITY OF RENTON HEARING EXAMINER APR 2 51980 AM PM 7,819110,111121l 1213a415,f AFFIDAVIT OF SERVICE BY MAILING State of. Washington) ) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 23rd day of April , 19 80 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below-entitled application or petition. f" Subscribed and sworn this ,-O day of [\,v k 19 ( :\f4 _ Notary Public in and. for t'i State •' of Washington, residing at. Renton Application, Petition or Case: R-022-80; Sh. P1. 443-79; A.A.D. Investments (The .ni►iwte4 contain a Wit o6 the pc.nf_Le ti o6 neco'.d) I( # '6‘ OF RAA I � � THE CITY OF RENTON tv;2w; µRA•.. MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 bbIL o WIMP • 411" ° BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9,0 `o' April 28, 1980 FRED J. KAUFMAN. 235-2593 0 'rFQ SEP-C°4 • Warren C. Gonnason, Public Works Director City of Renton RE: Request for Reconsideration; File No. R-022-80, Sh. P1. 443-79; A.A.D. Investment Company Request for Rezone and Short Plat. Dear Mr. Gonnason: I have reviewed your request for reconsideration, and my response and the modification of the recommendation is contained in the following paragraphs. The entire record and all relevant data, including the information on sewer capacity, forecasted trunkline construction, and the Declaration of Non- Significance (DNS) issued for the subject rezone, were reviewed prior to making the recommendation to the City Council to reclassify the subject property. As was indicated in the minutes and the recommendation, the short plat could not be approved without the approval of the proposed rezone. The proposed lot sizes would have been substandard and non-conforming in the G (General - minimum lot size of 35,000 square feet) zone. The zoning category of property indicates the potential for development of that particular parcel of property. The proposed zone. change does not automatically imply that development will be to the maximum density nor that development is imminent. These are issues which may best be addressed in an environmental assessment. The Planning Department staff report indicated that the Metro trunkline would be expanded in 1980, and such an expansion would presumably increase sewer capacity. The Environmental Review Committee did not recommend conditioning the DNS for the rezone on adequate sewers. ' Further environmental assessment • will be available to the city for review at the building permit stage. Prior to issuing a building permit the city will have the opportunity for a thorough environmental review. The question of sewer capacity could be addressed at that time. But in order to avoid conveying to the public and possible purchasers of the subject property that development of the parcels to maximum density is permitted as of right, the rezone should be conditioned on the adequacy of sewers to handle the potential load which this rezone would permit. Therefore, the rezone recommendation which reads as follows: "The City Council should approve the reclassification of the subject property from G to R-3 and R-2 subject to site plan approval by the Hearing Examiner pursuant to a public hearing and that no clearing or grading occur prior to such review.:' is modified to read as follows: The City Council should approve the reclassification of the subject property from G to R-3 and R-2 subject to the development of adequate sewer capacity to service the anticipated load (without taxing the city's sewer system beyond capacity) , and subject to April 23, 1980 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: A.A.D. Investment Company FILE NO. R-022-80 Short Plat 443-79, E-444-79, W-445-79 LOCATION: Southeast corner of the intersection of Duvall Avenue N.E. and Sunset Boulevard N.E. SUMMARY OF REQUEST: The applicant is requesting a rezone from G to R-2 & R-3; a three- lot short plat with an exception to the Subdivision Ordinance to permit access to an interior lot by a private easement, and a waiver of off-site improvement requirements. SUMMARY OF Planning Department: Approval with conditions. RECOMMENDATION: (Rezone) Hearing Examiner: Approval with conditions. SUMMARY OF Planning Department Recommendation: Approval of short plat ACTION: • and exception; denial of waiver. (Short Plat) Hearing Examiner Decision: Approval of short plat and exception subject to conditions; denial of waiver. PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on April 2, 1980. PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on April 8, 1980 at 9:45 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department preliminary report. David Clemens, Senior Planner, reviewed the Planning Department report and entered the following exhibits into the record: Exhibit #1: Application Files including staff report and other pertinent documents (2 files) Exhibit #2: King County Assessor's Map Exhibit #3: Site Plan as submitted During the report presentation, the Examiner requested clarification of the fact that the parcel containing the Mobil Service Station is not part of the rezone request, but is included in the short plat request. Mr. Clemens confirmed the Examiner's statement. Mr. Clemens interjected that the proposal does not follow the exact guidelines of the Comprehensive Plan since the site is somewhat unique due to topographical constraints and proximity of the shopping center to the west and school district property to the east. Mr. Clemens entered the following additional exhibits into the record: Exhibit #4: Letter to Planning Department from Property Development Assoc. , received March 6, 1980 The letter provides justification for approval of the rezone including existence of similar zoning on other quadrants of the intersection, consistency with the Comprehensive Plan, and provision of a gradual transition of development between the shopping center to the west and single family residential development in the neighborhood. Exhibit #5: Short Plat as submitted (2 sheets) Exhibit #6: Short Plat with staff comments Pag- Two Short Plat 443-79 Mr. Clemens reviewed the recommendation of the Planning Department to subdivide the plat into four lots; one on which the service station is currently located, one containing the single family residence, one to the north of the single family home and the oth-r to the south of the residence. Mr. Clemens recommended that a 30-foot half street be provided from the short p at to allow for the possibility of extension of N.E. 12th Street further to the east. He noted that the property owned by the school district which extends halfway along the -ast side of the short plat is undeveloped and not utilized as a playground area, and he .uggested that access could be provided in the future directly to Duvall on the west and is 112th S.E. to 142nd Avenue in King County on the east if the property is sold for fut re development. Regarding the request for waiver of off-site improvement requirements, Mr. Clem-ns indicated the recommendation of the Planning Department to deny the request, and suggeste4 that the applicant request a deferral not to exceed two years from the Board of Public Works for the improvement of Sunset, Duvall and the 30-foot wide right-of-way along the southern portion of the property. Regarding provision of a major landscape buffer, Mr. Clemens noted that specifi. design plans should be evaluated upon application for site development. The Examiner requested testimony by the applicant. Responding was: George Xenos Property Development Assoc. 3000 N.E. 100th Seattle, WA 98125 Mr. Xenos displayed a colored map of the site plan, Exhibit #3. He reviewed ba kground of the property which was purchased in 1959 and divided into five parcels by that owner. He advised purchase of three of the parcels by his client from which one large lot was created, and the remaining two lots contain the single family residence and the service tation. He indicated that his clients had been unaware that the previous subdivision violated state law, Mr. Xenos concurred in the proposed deferral of off-site improvements until occ rence of development, but he questioned the recommendation to provide a pipestem lot in ieu of an easement, noting the economic infeasibility of deeding 7,000 square feet to the lot containing the single family residence. Regarding the rezone application, Mr. Xenos stated that approval will result in a permanent improvement in providing affordable townhouses for the residents of Renton, and noted the • intent of development to provide a gradual transition from the shopping center .o the . residential neighborhood. Mr. Xenos assured that every effort would be expende• to maintain and protect the natural characteristics of the site. Mr. Clemens advised that special provisions would be required if townhouses are proposed in lieu of duplex development. Mr. Xenos responded that only preparation for d=velopment is proposed at this time, and specific plans will be provided and reviewed in t e future. Mr. Xenos stated that the buildings proposed on the northern portion of the sit= will be constructed with minimum excavation to protect Honey Creek, the proposed buildi gs in the facility parcel will utilize the existing contour of the land with avoidance of excessive tree cutting or land filling, and the evergreen trees located along the south a d west property boundaries and existing deciduous trees between the two parcels will b= preserved. He also noted that green belts and generous landscaping would be incorporated i to the project and existing greenbelts located around existing homes would remain to c eate a noise and visual buffer. He indicated the economic feasibility of the proposal in view of the current economy and its effect upon housing, land cost and shortage of rent-1 units. The Examiner inquired if Mr. Xenos objected to dedication of the 30-foot right-•f-way on the south side of the property. Mr. Xenos expressed preference for requirement of a 30- foot building setback to be dedicated upon assurance of its necessity, but he h-d no objection if the Examiner required the dedication at this time. The Examiner requested further testimony in support or opposition to the propos-l. Responding was: Charles Kinzel 1320 Duvall N.E. Renton, WA 98055 Mr. Kinzel, owner of the home located on Lot 3 of the revised plan, generally concurred R-022-80 Page Three Short Plat 443-79 in the recommendation, but requested written assurance that existing trees on the southern property line remain undisturbed. He also noted that a strip of approximately 40 feet utilized as a driveway and turnaround is located partially in Lot 3, and he requested that the remaining portion in Lot 4 also be included in Lot 3. Mr. Kinzel requested a minimum buffer of 50 feet between his property and any proposed units to the north of his residence which would require all new construction to be located below a 50-foot bank and eliminate the possibility of obstruction of his view. He assumed that all other easements, such as water, will remain the same. Mr. Clemens clarified that although two easements indicated by Auditor's file numbers on the plat are difficult to identify, he assumed one to be for purposes of utilities and the other for access. Mr. Kinzel concluded by stating that with appropriate consideration to his concerns, he is willing to join the A.A.D. Investment Company request for rezone from G to R-2 if the trees on the south property line and the driveway strip remain as they now exist. The Examiner requested further testimony in opposition to the application. There was no response. He then requested Mr. Xenos to respond to testimony provided by Mr. Kinzel. Mr. Xenos stated that he and the Kinzels had worked together on the application and that the site plan indicates the trees are to remain and that buildings will be set back 60 feet to 70 feet from the property line on the northern side of the Kinzel lot. The Examiner indicated uncertainty regarding the legality or requirement for an exchange of the property due to the illegality of the prior subdivision, and suggested that both A.A.D. Investment Company representatives and the Kinzels consult attorneys regarding the matter. He stated that according to the laws of the City of Renton and King County, specific portions of the land are not identified by ownership and no requirement exists that the land be deeded. He added that the applicants can negotiate among themselves regarding the excess property if the Examiner determines that the recommendation of the Planning Department should be adopted. The Examiner requested further testimony or comments from the Planning Department. There were no further comments. Mr. Xenos requested clarification regarding deferral of improvements until development of the property occurs as noted in the recommendation of the Planning Department. The Examiner explained that deferral of improvements is a separate issue and a responsibility of the Board of Public Works. He clarified the recommendation of the Planning Department for permanent denial of the waiver and that instead, the applicant request a deferral for a period not to exceed two years or until the property is developed. Mr. Clemens commented that the method of gaining easement to the single family residence via an easement without an exception is not addressed in the Subdivision Ordinance, and in the opinion of the Planning Department, this method of access would be appropriate only in the event no other alternative exists. He advised that a pipestem lot is a more acceptable approach, has been utilized on numerous occasions, and would be more compatible with city standards. He also stated that the dedication of right-of-way for extension of N.E. 12th Street will benefit the proposed development as well as provide an available public street for purposes of traffic protection as volumes increase. Mr. Clemens felt that although the applicant's proposal to reserve that area for street dedication may be an acceptable alternative, obtaining the right-of-way at this time is preferred. The Examiner requested final comments. Since there were none, he stated his decision would be issued within 21 days. There were no objections to the extension of time. The hearing regarding File No. . R-022-80 and Short Plat 443-79 was closed by the Examiner at 10:30 a.m. FINDINGS, CONCLUSIONS & DECISIONS/RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: . FINDINGS: 1. The request is for approval of a reclassification of +5.7 acres of property from G (General; Single Family Residential; Minimum lot size - 35,000 square feet) to R-3 (Medium Density Multifamily Residential) and R-2 (Low Density Multifamily) and for approval of a three-lot short plat on +6.6 acres together with an exception for private easement and a waiver of the required off-site improvements. 2. The application file containing the application, SEPA documentation, the Planning Department report, and other pertinent documents was entered into the record as Exhibit #1. t .2-80 Page Four Short Plat 443-79 3. Pursuant to the City of Renton's Environmental Ordinance and the State Envi onmental Policy Act of 1971, R.C.W. 43.21.C. , as• amended, a Declaration of Non-Significance has been issued for the subject proposal by Gordon Y. Ericksen, responsible official. 4. Plans for the proposal have been reviewed by all city departments affected •y the impact of this development. 5. All existing utilities are available and in close proximity. 6. The subject property was annexed into the city in July, 1975 at which time the current zoning of G was applied to the property. The subject site was illegally s *divided and sold prior to annexation. 7. There is a 5% slope which rises from the northwest to the southwest. The a treme northwest corner of the site (Mobil Gas Station) has been filled. Honey Cr-ek runs through a gully system just south of the service station and north of an ex sting single family residence which sits to the east in the central portion of the subject site. 8. The applicant proposed reclassifying that portion of the subject site locat-d north of the existing residence, excluding the service station, from G to R-3. T e applicant proposed reclassifying the remaining portion of the subject site south of t e above described property to R-2, including the site of the single family residenc-. The owner of that home joined in the rezone petition. 9. In addition, in order to legalize the existing ownership and create legally recognized lots, the applicant has requested approval of a three-lot short plat togeth-r with an exception to provide a private access easement to the existing single famil residence. The applicant has also requested a waiver of the required off-site improvem-nts (Sections 9-1109; 9-1108.23(A) (9) ; and 9-1105.6(B) ) . 10. The Planning Department has recommended that the requested exception for th- private access easement be denied and has recommended instead that four lots be cre.ted and an exception for a pipestem be approved. This alternative would permit the si gle family residence its own access rather than an easement. 11. The Planning Department recommendation would require additional land transf-r between the various parties in order to minimize the length of the recommended pipe tem. 12. An extended pipestem of approximately 180 feet also requiring an exception ould instead minimize the land transfer problems of the various owners. 13. The subject property is located south of Sunset Boulevard N.E. and east of Duvall Avenue N.E. 14. The Comprehensive Plan designates the area in which the subject property is located for a combination of commercial uses on the north and single family uses on the south. 15. The subject site is located at a commercial node along Sunset Boulevard. T e Mobil Service Station is located at the northwest corner of the site. West of th- site is a large shopping center. Hazen High School is located south and east of the site. There are single family uses south of the subject site. 16. The zoning in the area consists of a mix of commercial north and west of th- subject site, public/quasi-public south, west and east of the subject site and sing e family north, south and east of the subject site. There are also areas of multif- ily zoning west of the site north and south of Sunset Boulevard N.E. 17. The applicant's proposal would establish three lots. Lot 1 would generally consist of the parcel containing the Mobil Service Station. Lot 2 would consist of the parcel containing the single family residence. The remainder of the parcel would •e Lot 3. Under terms of the Planning Department's proposal, there would be four lots Lot 1 consisting of the Mobil Service Station; Lot 3 consisting of the single family residence with a pipestem access to Duvall Avenue N.E.; and Lots 2 and 4, o e located north of the single family residence and the other south of that residence. 18. The Planning Department has also recommended that the extreme southerly 30 feet of the subject property be dedicated to the city for easterly extension of the right-of- way from N.E. 12th Street. The Planning Department indicated that the road .ay would serve as access to the property to the east, currently unused school distri't property, and could be used as stacking space for traffic control in the ar•a. They --- also recommended screening easements to protect the existing residence on Lost 3 from the more intense uses proposed on Lot 2 and 4. R-022- Page Five Short Plat 443-79 19. The area in which the subject site is located has undergone considerable growth. Hazen High School is located immediately south of the subject property. Improvements have been installed on the west side of Duvall Avenue N.E. in this vicinity. The portion of the subject site containing the service station has been improved with the exception of sidewalks. The Planning Department recommended that the waiver request of the applicant be denied and that the applicant .apply for a deferral. 20. There are occasions when the city, through its various departments, could recommend consideration of additional rezones in areas adjacent to requested rezones if those would be consistent with established uses, adjacent uses and the character of the area. These areas could be considered along with the requestea rezone to provide for consistent and expeditious land use policy. The present case could have presented such an opportunity. The entire parcel was being considered for a short plat including the Mobil Service Station which is a preexisting non-conforming use in the G district. That parcel could have been considered for its rezone potential to B-1 (Commercial) at this time. CONCLUSIONS: (Rezone) 1. The proponent of a rezone must demonstrate that the request is in the public interest and will not impair the public health, safety and welfare in addition to compliance with at least one of the three criteria listed in Section 4-3010 which provides in part that: a. The subject site has not been considered in a previous area-wide rezone or land use analysis; or b. The subject site is potentially designated for the new classification per the Comprehensive Plan; or c. There has been material and substantial change in the circumstances in the area in which the subject site is located since the last rezoning of the property or area. The applicant has demonstrated that the necessary criteria have been met to permit the reclassification of the subject property. 2. While the Comprehensive Plan map element appears to designate the area in which the subject property is located for a combination of commercial and single family residential, no buffer was suggested between the more intense uses to the north and east, the commercial use (Mobil Station) and Hazen High School and the existing single family uses to the south and west. The map element is not the sole criteria by which to judge proposed rezones. The proposal will, in fact, allow continued operation of the service station along Sunset Boulevard N.E., and the proposal will provide a buffer between that use and the southerly single family and the high school by the construction of medium density multifamily and low density multifamily on the intervening subject site. 3. The Comprehensive Plan at page 17 lists as its objectives to "prevent blight by protecting residential. . .districts from unwarranted infiltration of incompatible use which would. . .prevent the development or orderly growth patterns." The proposed rezone would help achieve those objectives by providing a reasonable transition from the heavily traveled Sunset• Boulevard N.E. to the single family uses south of the subject site. 4. The applicant's proposal, while only a tentative site plan, indicates concern for and mitigation of impacts on Honey Creek. Residential use 'of the parcel located adjacent to such a natural amenity also complies with the Comprehensive Plan (page 11) . It is easier and more efficient for residential development to incorporate such features into the overall design. In order to assure the successful incorporation of Honey Creek into any development plans, site approval should be required, and no clearing of the site should occur prior to that review. 5. Since annexation in 1975, there has been no change made to the zoning classification of the subject property. At the same time, there has been substantial development in this eastern fringe of the city. Property to the north has recently been rezoned to B-1 (Commercial) , and the shopping center to the west has been developed within the last two years. There have been a number of multifamily developments in the area along Sunset Boulevard N.E. o• tr R-022-80 Page Six Short Plat 443-79 6. The applicant has indicated that a landscape buffer in the form of an easement would protect the existing single family residence on the property from the more ntense development permitted by the rezone. The proposed reclassification will no adversely affect either the general welfare or injure other properties in the area. (Short Plat) 7. The proposed short. plat with some minor modifications appears to serve the •ublic use and interest and further resolve the legality of the various ownership nterests to the subject property. 8.. The proposed subdivision will permit the development of various parcels of he subject property to be developed consistent with terrain requirements and p-rmit the continued use of two of the properties in their current uses (Mobil Sta ion and single family) . 0 • 9. The proposed easement to permit access :to the single family home would be i consistent with the quiet enjoyment of the single family residence as the access would not be exclusive but would be shared with medium and low density multifamily housi g. The Planning Department's recommendation will give the single family dwelling i s own access without impairing the general health, safety or welfare or injuring , eighboring properties. The proposed pipestem will permit the single family residence is own separate and safe access. 10. The extension of that pipestem to approximately 1,80 feet as opposed to the 50 feet permitted by ordinance will not further impair the general welfare nor inju e neighboring properties, nor will it require the transfer of large amounts o property between the current owners of the various parcels comprising the subject pr4perty. 11. Therefore, it would appear that the two exceptions should be approved. The pipestem lot should be permitted and the pipestem extension should be permitted to e ceed 150 feet in length. Similar exceptions have been granted to permit access from a lot which is situated more than 150 feet from actual road frontage. 12. Because the area is one in which rapid development is occurring, is the sit"- of a large high school and growing commercial and residential developments, a waiver of the required off-site improvements would be unwise. Curbs, gutters and-sidewalks will permit the safe passage of both vehicles and pedestrians in this growing area. Further, similar improvements have been installed in adjacent areas. If development is not imminent, the applicant may apply to the Board. of Public Works for a deferral. 13. To permit the development of the area and to further the aims of providing a safe and consistent street pattern, the applicant should dedicate to the city the southerly 30 feet of the subject property for the easterly extension of N.E. 12th Street. This would serve the subject property for stacking traffic and would permit access to eastern properties. 14. In order to protect the existing single family residence within the subject property, screening easements should be created on Lot 2 and 4 subject to approval of the Planning Department. DECISION: (Short Plat) Exhibit #6 is approved subject to the modification of Lot 3 to provide it with a sufficient pipestem for legal access and subject to dedication of the southerly 30 feet of the site for N.E. 12th Street and screening easements on Lots 2 and 4 to protect Lot 3. An exception to provide pipestem access is approved. An exception to provide pipestem access in excess of 150 feet is approved. The waiver request is denied. RECOMMENDATION: (Rezone) The City Council should approve the reclassification of the subject property from G to R-3 and R-2 subject to site plan approval by the Hearing Examiner pursuant to a public hearing and that no clearing or grading occur prior to such review. , ORDERED THIS 23rd day of April, 1980. Fred J. Ka man, Land Use He ring Ex ner R-0-30 Page Seven Short Plat 443-79 TRANSMITTED THIS 23rd day of April, 1980 by Affidavit of Mailing to the parties of record: George Xenos, Property Development Assoc. , 3000 N.E. 100th, Seattle, WA 98125 Charles Kinzel, 1320 Duvall N.E., Renton, WA 98055 TRANSMITTED THIS 23rd day of April, 1980 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Michael Hanis, Planning Commission Chairman Ron Nelson, Building Division Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before May 7, 1980. Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing 'fee of $25.00 and meeting other specified requirements. 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HL . a --4 �'- H 2 - • r . • • 2, PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING APRIL 8 , 1980 APPLICANT : AAD INVESTMENT COMPANY FILE NUMBER : R-022-80 from G to R-3 and R-2 ; Short Plat 443-79 , Exception 444-79 and Waiver 445-79 A . SUMMARY PURPOSE OF REQUEST: The applicant is seeking approval of a rezone request from G to R-3 and R-2 plus approval of a proposed 3-lot short plat together with an exception to the Subdivision Ordinance to permit access to an interior lot by a private easement to correct violations of the State of Washington subdivision laws which were created in King County prior to annexation to the City of Renton . In addition the applicant is seeking a waiver of off-site improvements . B . GENERAL INFORMATION: 1 . Owner of Record : REZONE : ALAYAR DABESTANI (AAD INVESTMENT CO) . CHARLES & DONNA KINZEL SHORT PLAT : LOT 3 : ALAYAR DABESTANI LOT 2 : CHARLES E . & DONNA M. KINZEL LOT 1 : EXXON CORPORATION A NEW JERSEY CORPORATION 2!. Applicant : Same as above 3 . Location : (Vicinity Map Attached ) Southeast corner of the intersection of Duvall Avenue NE and Sunset Blvd . N .E . 4 . Legal Description : Detailed legal description is available on file in the Renton Planning Department 5 . Size of Property : Rezone : ± 5 . 7 acres Short Plat : ± 6 .6 acres 6 . Access : Via Duvall Avenue N .E . and Sunset Blvd . N .E . 7 . Existing Zoning : "G" General Classification District ; minimum lot size 35 , 000 sq . feet 8 . Existing Zoning in the Area : "G" , B-1 , Business Use ; R-2 , Residence Two Family PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT CO . , R-022-80 ; Short Plat 443-79 E-444-79 W-445-79 APRIL 8 , 1980 PAGE TWO' 9 . Comprehensive Land Use Plan : Commercial , Single Family Residential 10 . Notification : The applicant was notified in writing of the hearing date . Notice was properly published in the Seattle Times on March 26 , 1980 and posted in three places-7_. on or near the site as required by city ordinance on March 25 , 1980 . C . HISTORY/BACKGROUND: The subject site was annexed into the City by Ordinance #2945 of July 7 , 1975 at which time the present zoning classification was applied . Prior to the date of annexation the property was subdivided in violation of State Law. The violation and the correction of the problem was transferred to the City of Renton with annexation . D . (P}1IY5It''L BACKGROUND: 1 . Topography : The subject site rises from northwest to the southeast at a 5% slope . The site of the Mobile Gas Service Station has been filled . The area north of the established single family residence forms a gully through which Honey Creek flows . The portion south of the residence is a gentle knoll . 2 . Soils : Alderwood Gravelly Sandy Loam (AgC) . Permeab lity is moderately rapid in the surface layer and subsoil and very slow in the substratum . Runoff is slow to medium and the erosion hazard is moderate . This soil is used for timber , pasture , berries , row crops and for urban development . Everett Gravell Sandy Loam , 5-15% slopes (EvC ) . Permeability is rapid . Runoff is slow to medium and erosion hazard is slight to moderate . This soil is used for timber and pasture and for urban development . Shaless mud (Sm) . Permeability is moderate in the organic layer and moderate to rapid in the low point of the profile . There is a seasonal high water table at or near the surface . The available water capacity is high . Runoff is ponded . There is no erosion hazard . This soil is used for row crops and pasture . 3 . Vegetation : Proposed Lots 1 and 2 are developed commercially and residentially , respectively . The portion of proposed Lot 3 north of Lot 2 has a large stand of Alders with a few Douglas Firs . The southern portion is an old pasture bordered with large clumps of Douglas Fir . • PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT COMPANY , R-022-80 , Short Plat 443-79 .E-444-79 ,W-445-79 APRIL 8, 1980 PAGE THREE 4. Wildlife : The existing vegetation on the site provides suitable habitat for birds and small mammals . 5 . Water : No surface water was observed on the northern portion of the subject site where Honey Creek flows . 6 . Land Use : A service station is located in the northwesterly corner of the subject site and an existing single family residence is situated in the middle portion along the easterly border . The remainder of the property is undeveloped . E . NEIGIRN®RIN1®®® CHARACTERISTICS : The surrounding properties consist of a mixture of commercial , low density single family residential and undeveloped uses . Hazen Senior High School is located south of the subject site . F . PUBLIC SERVICES : 1 . Water and Sewer : An 8" water main is located on Duvall Avenue N .E . adjacent to the westerly boundary of the subject . site while 12" mains extend northerly along Duvall on the north side of Sunset Blvd . N . E . and east-west on Sunset . An 8 " sanitary sewer is located on Duvall Avenue south of Sunset Blvd . The present sanitary sewer is at present design capacity . Any additions at this time will require expansion of the main Honey Creek trunk line . However , it can not be expanded until the May Creek trunk line is expanded by METRO in 1980 . 2 . Fire Protection : Provided by the Renton Fire Dept . pursuant to ordinance requirements . 3 . Transit : Metro Transit Route #107 operates along Union Avenue NE within z mile to the west of the subject site . 4 . Schools : The subject site is within 4 mile of ' Hazen High School , within two miles of McKnight Junior High Schoo , and within one mile of the Honeydew and Sierra Heights Elementary schools . 5 . Recreation : The subject site is within one mile of Kiwanis Park and within one mile of the proposed King County park west of Sierra Heights Elementary School . G . AAEPPLICAARILE SECIIUNS ®E THE M®IMIIf G CUBE: 1 . . Section 4-729 , General Classification District . 2. Section 4-708, R-2 , Residential District . 3 . Section 4-711 , B-1 , Business District . H . !FFLICAAILE SECTIONS OF THE COMPREHENSIVE (PLPN OR OTHER OFFICIAL CITY DOCUMENT: 1 . Subdivision Ordinance , section 9-1105 ; Short Subdivisions . 2 . Subdivision Ordinance , section 9-1109 ; Exceptions . 3 . Subdivision Ordinance , section 9-1105 .6B ; Waived improvements . I . IMPACT OF THE NATURAL OR HUMAN ENVIRONMENT : 1 . Natural Systems : Development of the subject site will disturb the soils , remove the vegetation , increase storm water runoff and have an effect PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT COMPANY , R-022-80 , Short Plat 443-79 .E-444-79 ,W-445-79 APRIL 8 , 1980 PAGE FOUR • on noise levels in the area . Through proper develop ment controls , and procedures , however , these impacts can be mitigated . 2 . Population/Employment : The rezoning would allow the construction of 85 dwelling units . Thisrjwoald result in a population increase of approximately 215 persons in the immediate area (2 . 5 persons per unit times 85 units) . 3 . Schools : Minor . 4 . Social : Minor . 5 . Traffic : The potential construction of approximatel 85 dwelling units would increase the traffic in the area by approximately 520 average daily trips (6 .1 trips per unit times 85 units ) . This would represent an increase of approximately 12% on Duvall .lve and 4% on Sunset Blvd . J . . ENVIRONMENTAL ASSESSMENT/THRESHOLD DETERMINATION: Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended , RCW 43-21C , a declaration of non-significance has been prepar- d by the reponsible official for the rezoning only . Site devel .pment specific impacts will be addressed at the time of specific plan review . K . AGENCIES/DEPARTMENTS CONTACTED : 1 . City of Renton Building Division . 2 . City of Renton Engineering Division . 3 . City of Renton Traffic Engineering Division. 4 . City of Renton Utilities Division . 5 . City of Renton Fire Department . L . PLANNING DEPARTMENT ANALYSIS : The rezoning and short platting of the property are sr) closely associated that one cannot be processed withou the other . A rezoning application can not be heard without the application for short plat because the City would be processing an application prior to the correctio of violations of the subdivision ordinance by the applica t . On the other hand , the short plat application would not be appropriate because Lot 2 of the proposed application does not meet the minimum lot size of 35 , 000 square feet as required in the "G" General Classification Distrilt . (Rezone ) 1 . The applicant ' s propose rezoning- approximately; 5 . 7 acres .( That portion of the subject sit 'lying north of the single family residence and the access easement to the single family residence approximatel 2 .4 acres is proposed to be R-3, Medium Density Multiple Family with the remaining 3 .1 acres rezoned to R-2 , Low Density Multiple Family . The proposed rezone is not specifically consistent with the Comprehensive Land Use Element , which designates the northern portion of the subject site as Commercial and the southern portion as Single Family Residentia . 2 . The subject site is adjacent to a large parcel of property which as amended by Ordinance #3112 to allow the development of a shopping center . Central Highlands Plaza now occupies the site . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT COMPANY , R-022-80 , Short Plat 443-79 .E-444-79 ,W-445-79 APRIL 8, 1980 PAGE FIVE In the evaluation of that Comprehensive Plan request in 1977 , the property to the south of the shopping center was designated as Low Density Multi-Family Residential to provide a buffer between the shopping center and the single family residential further to the south . However , the property to the east of the shopping center was not specifically considered because it was expected that the Northeast Quadrant would be considered in total by the next Comprehensive Plan area-wide re-evaluation . 3 . The Comprehensive Land Use Plan is the community ' s land use goal . It is a combination of a general plan map and developmental policies . Under the General Land Use Requirements for single family residential developments , page 11 of the Comprehensive Land Use Plan , the area "should be free from manu- facturing or commercial uses which would be detrimental to the community and its residents" . This does not appear to by the case with this proposal ; the site is dominated by the presence of the Central Highlands Plaza. The subject site should be utilized as a buffer between the established single family residential areas to the east and south and the established commercial areas . 4 . In addition the site is located between the established commercial area and Hazen Senior High School . In view of the transitional nature of the area, it appears to be more logical to allow a low density multiple family residential development on the site . 5 . The applicant has presented tentative plans to utilize the southern portion of the subject site for the construction of townhouses . This would require site plan approval by the Hearing Examiner on any R-2 zoned property . 6 . The Comprehensive Plan for that portion of the subject site lying north of the existing single family residence and southeast of the Mobile Service Station would allow up to 30 dwelling units per acre . This area is dominated by a gully formed by Honey Creek . The site is generally fairly wet with dense stands of alders and a few large scattered Douglas Fir trees . A very sensitive design treatment ,,iust be considered for the subject site to assure that the development retains as many of the existing natural amenities as possible as specified in the Comprehensive Plan . 7 . Items L-2 and L-3 appear to provide ample justification for a rezone given the criteria outlined in Sections 4-3014(A) (1 ) and 4-3014(A) ( 3 ) of the Land Use Hearing Examiner Ordinance . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT COMPANY , R-022-80 , Short Plat 443-79 , E-444-79 ,W-445-79 APRIL 8 , 1980 PAGE SIX M . DEPARTMENTAL RECOMMENDATIONS:: (REZONE ) Based upon the foregoing analysis , the staff recommends approval of the proposed rezone from "G" General Use Classification to R-3, Medium Density Multiple Family and R-2 , Low Density Multiple Family subject to the following conditions : 1 . Site plan review and approval by the Hearing Examiner of the total area to address details of the design and mitigate adverse development impacts on Honey Creek. 2 . No cutting of trees , clearing or grading on the property prior to site plan approval . L . PLANNING ®EP' RTM[N111 ANALYSIS: (SHORT PLAT ) 1 . The applicant is requesting a short plat of three lots to correct an apparent subdivision violation that occurred prior to the annexation of the subject site to the City of. Renton . 2 . The present "G" zoning would not allow the creation of Lot #2 . since it is less than 35 , 000 square feet. Therefore , the property must be rezoned into a classification which has a lot size of less than 10, 000 square feet. This can be accomplished by rezoning the property to either R-1, SR-1 , or R-2 . 3 . A single family residence presently occupies proposed Lot #2 . The proposed rezoning and development of proposed Lot #3 will allow the construction of multiple family residential surrounding the existing single family residence . Adequate screening of the single family residence should be required . Even though, at some future time the single famtl.i residence may be removed and multiple family constructed , the maximum use would be a duplex . There would still appear to be a land use discrepancy between the densities that should be buffered . Typically, a landscaped area is provided betweeen dissimilar uses . This has varied to as much as 50 feet in cases such as Rolling Hills Condominiums and Olympic Venture Condominiums , when located adjacent to established single family residential . Heavy evergreen screening can be accomplished in a 25 foot wide landscaped area . 4 . A private access and utility easement was provided to proposed Lot #2 prior to annexation of the subject site into the City. The easement is approximately 180 feet in length, An exception from the requirement . of fronting on a public right-of-way has been request-d . It would appear that there is an alternative method to allowing access to Lot #2 by the established private easement . The easement itself is 20 feet wide and could actually become a pipestem which would then extend up to the lot . However , it could not be more than 150 feet in length per ordinance requirements . This would necessitate the expansion of Lot #2 by 40 feet to the west . Lot #2 would then be 175 ' x .85 ' . This would create a 4th lot which would comply with both the lot size requirement . of the proposed R-2 and R-3 Multiple Family Residential zones . PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING : AAD INVESTMENT COMPANY , R-022-80 , Short Plat 443-79 .E-444-79 ,W-445-79 APRIL 8, 1980 PAGE SEVEN 5 . N .E . 12th Street has been constructed on the south side of the Central Highlands Shopping Center . • This street should be extended across the southern edge of the property to allow a connection to the east . A portion of the street has been dedicated to the east for that property . The southern 30 feet of proposed modified Lot #2 should be dedicated for right-of-way . 6 . The applicant has requested a waiver of off-site improvements . The subject site is presently in an area of intensified commercial and residential growth. Hazen High School to the south of the site generates a large number of pedestrians, which creates a strain on the established improvements . The rest of the improvements for Duvall Avenue NE on the west side of the street have been completed with the construction of the Central Highlands Plaza . Construction of the sidewalks on the east side of the street would complete the improvements on Duvall . M . DEPARTMENTAL REC®MMEN®ATJ®t5 (SHORT PLAT ) : Based on the above analysis , it is recommended that the short plat , File Number 443-79 be approved as modified to include 4 lots with the approval of the exception , File Number E-444-79 , to allow the creation of a pipestem lot for proposed Lot #2 subject to the following conditions : 1 . Approval of the rezoning of the site to a zone which will allow the proposed short plat. 2 . Creation of a screening easement on Lots 3 and 4 adjacent to Lot #2 consistent with the approved zoning . 3 . Dedication of the southern 30 feet. of -modified Lot 4 for right-of-way for the extension easterly of N . E. 12th Street . It is further recommended that the request for waiver of off-site improvements , File Number W-445-79 be denied . 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X • I.4 '•,•74,..5. -,,isn''' ......a.„'''.' ' SC Il CIOL - — • ,• is . . •..,..„..,...........,...i.i.,,,.....„ ,,... ,,. .„.... .m....,„... , , ,,,...k. f - - C- Co ps1 mere eel SP-S;itti le 4..0%; iv 41 Lb' 1 Oki be4lsify itil taie IQ .../ P-Pul3h1c/4imies-RAIii, .1' PAD— AleckobvsrA .' .,•-• se'lly ii)vleitple F El I i A `w. Pel-r sd,,,..eerealierk ., . • "' , et , .: - 9.• ••., 0• ..,,,, 0 010.1! ep& O MD ite(zeit/6 • PARCEL 1 • PARCEL 2 • Requested Zoning: R-3 Requested Zoning: R-2 ra4 e.---'ti -.%; _ Y .. •1C_G` _:Yv` ' =E IJ\1'S 1. o;_•✓'' N - + "f" ,K :_Cit:F'J,' .• K� JG L>JC Ot7 1 Y xj Es.-:* -t7JL F. -�.•• 5 \ , * z ,' �' I. r x` +t ti •tea • 5 4. C �� i "Jr # '' i i ~ f' � a li: '� i, g.11 1 r r :lit 4 lam` > ✓ #„. y,` ',. A .; ` ,4- e �_— ` 3 '; t;14 7 fr-- 1 l}fs- _ t . _• 1 i ,,. S A' ?9 -' r wb 7 �s f' • m1 rt !' hllrj� ?- : .': 7 • •:e^t"f' _'�y�.y ' ar St1 ��y 'ctitt 4 C"'PS�fj.', ro.4 i, Z? ,A • ... 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RENTON, KING COUNTY, WASHINGTON • . , ,-.-- , . /3871'AK- se:,_ 1) • 2 .-.- f- , — ...-,--,e,/ _, ..N- . - • • ,, '..' I ,.------------73---------z•,... ' ------------ --,.. t s , • .,. . . ----.I. - --' taRIEREENOMIIIMERMESIESEINEMIEW. . -- •..•:;"1"..5; ii. / /•/ ...'•0.1..,',"&" -...... k& • ,• , / • - / . c•7,.11_ -e . ,. ; ...f-• : •_ 1. t ..---"•.,• ' I r / , 0 i• . .., . . I., / , ..,... : • , / ,- , , / ./ . • , C) / / > i t• / ' • I ;.• .. S . . _ , . -.• •..--., .,. - .. •'-• !, I ... .- • _, . ‘,., , :: - • - , P•,••,/,•5, , - •:. . . ... , .t• .-... ' . .., . . . ... • I ''. '' .,,1 AV1,41.-•.: -.,.',.O.C'A...ii'. - ''',f:-44:',7i,7•4.'..',..$4.,":7..,4.3-P',.'-:%''....U.S....-,..*...0.1.•",': ,.=.•^-,' ......,`%..-"' ''''..r . ."'' '''''''''''' "''''''''''- -4'. '''' '''''''''`'''' ".' ' ' ., ..i.- l'-_r I ' , • ,-... tlIPIP4 .,-., ,.. Q .O . INVESTMENTy - G, - -LTD. SR C T _ _ _- '- _ S.E. 1/4, S.W. 1/4 SEC. 3, TWP. 23 N., RGE. 5 E, W.M. RENTON, KING COUNTY, WASHINGTON .At�-_ _ __!�� f �- Via" ® ` .. e. Ne. ._ • . . . ® � � t, — °L••301 PV -;'.),<-- — -... . - 4-. < ► - *14T .,1 0 3 i . ,$(2) , ...\.• :..c,i j-Li • (3-) •:-!.:-.1.1 -..,. _ , .. ,, _,. . 1 r.\f = - . r - I - . • 3/zoiedit• Planning 12-1979 RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application: • :� • • : _ ' ® n ®I� � .i ,.._"e!'-*.•r ,�• ,,,a. :� ,��.y ik u. - `.I / ® ,. w trW Location • . _ { le 4 ®' .5fisos arierne Applicant . ;11, . , a', TO: Parks Department SCHEDULED HEARING DATE : % ":° 0 Police Department A. R.C. MEETING DATE : Public Works Department Engineering Division Traffic Engineering building Division Utilities Engineering Fire Department (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WR I G FO THE APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON 27 O AT V:U0 A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF R D PZTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE Tp AIjTEND THE ARC, P A PRO IDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:OU P.M. ON REVIEWING DEPARTMENT/DIVISION : '\ Approved Approved with Conditions Not Approved ((;//; Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved REVIEWING DEPARTMENT/DIV—ON : ' if r/I. t:F A/C,fFQ•/e rle,,_ flit'. Approved Approved with Conditions Not Approved � d 57s: C-C 4 eoov0 ic-- /rtl / C. c,ria 5 f 6 i riadi%° of ',ovris ea-mt/ el 4.ri e ,E) ,5-,,,,,,,,,y 41.:r 82. (42, 4 r(ev4 ,„ c., Ave, A0,6..0.,:e4 7° .ZArCl-_i 4 <14ien 5 a ./77P.=At.c ? ..✓4'g(A;NS.) 57r€. .r cIG f 4 Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : . Approved ✓ Approved with Conditions Not Approved /7 vl'ic z- 05 " ! 4,ccess fov /v Q..7eeej Lecl r'vo -11.e_ de ve.,/off e>, ;i, c./ ci a_ s ?�..., "1- a �� ----A.)-`=.s(3- 1_ 4c------ -3444)6 Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : POLICE XXXX Approved Approved with Conditions Not Approved This development would be comnatible with the general area and by developing the area it would help the police dent. as we are x having problems with juveniles committing violations of the ' aw in the nrl9v ed woor1ed area at this time. At. b. , ersson 1128/8 ) Signature" of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved • Signature of Director or Authorized Representative Date . ad PROPOSED/FINAI ECLARATION OF SIGNIFICANC 40N-SIGNIFICANCE Application No . R-022-80 0 PROPOSED Declaration Environmental Checklist No . ECF-551-80 XO FINAL Declaration Description of proposal The applicant is seeking approval of a rezone request from G to R-3 and R-2 . Proponent AAD INVESTMENT COMPANY Southeast corner of the intersection of Location of Proposal _Duvall Ave. N.E. and Sunset Blvd_ Lead Agency Renton Planning Department This proposal has been determined to ® have El not have a significant adverse impact upon the environment. An EIS 0 is is not required under RCW 43 . 21C . 030(2 ) (c ) . This decision was ma a after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . Reasons for declaration of environmental significance : This declaration of non-significance is approved for rezoning only. , Future environmental review at the time of development will be required. Measures , if any , that could be taken to prevent or mitigate the environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a (proposed/final ) declaration of non-significance : Responsible Official Gordon Y. Ericksen Title PlpiclinV,Dir9cyor. 31 Date April 2, 1980 Signature +r^'~•a"' lam ✓ 4✓ J • r �:° �" Ci ty of Renton `' �' Planning Department f / 5-76 ' (' 1• 7 • • • • ✓ fir, NOTICE THIS PROPERTY GENERAL LOCATION: AND, OR ADDRESS: Property located on the southeast corner of Dunvall Avenue N .E . and Sunset Blvd. N .E . LEGAL DESCRIPTION: A detailed legal description is available on file in the Renton Planning Department . I S POSTED TO NOTIFY PROPERTY OWNERS OF A PUBLIC HEARING TO BE HELD IN CITY COUNCIL CHAMBERS, MUNICIPAL BUILDING ON April 8 , 1980 BEGINNING AT 9 :00 am k.M CONCERNING ITEM 171 REZONEand LR-3 ; IOON1e FOR-022-80 R REZONE FROM G TO R-2 Fi• SPECIAL PERMIT U SITE APPROVAL • WAIVER SHORELINE MANAGEMENT PERMIT APPLICATIONS FOR THREE-LOT SHORT PLAT APPROVAL , FILE 443-79 ; Vf EXCErTIaN TO THE SUBDIVISION ORDINANCE REGARDING ACCESS , File E-444-79 ; AND WAIVER OF OFF-SITE IMPROVEMENTS , File W-445-79 FOR FURTHER INFORMATION CALL 235 2550 THIS NOTICE NOT TO BE REMOVED WITHOUT PROPER AUTHORIZATION OF R.61� U 419 1,104 vz ° THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o " ; . BARBARA Y. SHINPOCH, MAYOR ® PLANNING DEPARTMENT 0 Q co, 235- 2550 '7 C1 SEPIE' March 21 , 1980 George Jo Xenos 3000 N .E . 100th Seattle , Washington 98125 Re : A.A.D. INVESTMENT CO . , APPLICATION : FOR REZONE FROM G TO R-2 AND R-3 , File R-022-80 ; A.A .D. INVESTMENT CO. , APPLICATIONS FOR 3-LOT SHORT PLAT PLAT APPROVAL, File 443-79 ; EXCEPTION TO THE SUBDIVISION ORDINANCE REGARDING ACCESS , File E-444-79 ; AND WAIVER OF OFF=SITE IMPROVEMENTS File W-445-79 ; property located on the southeast corner of Duvall Avenue N . E. and Sunset Blvd. N, E , Gentlemen : The Renton Planning Department formally accepted the above mentioned application on March 12, 1980 . A public hearing before the City of Renton, Hearing Examiner has been set for April 8 , 1980 at 9 :00 a . m. Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , Gordon Y . Ericksen , Planning Director . • Y Rog r J. B1 yloc Associate Planner cc : Charles and Donna Kinzel, 1320 Duvall Ave . N .E. , Renton Alajar Darbestani, 1003 151st Place N.E. , Bellevue 98007 Roderick G. Parr and Associates, 400-108th Ave . N .E . , Bellevue , WA 98004 PROPERTY DEVELOPMENT - ASSOC . LAND CONSULTANTS GEORGE J. XENOS (206 ) 523-3932 3000 N.E. 100 th Seattle, Washington 98125 Mr. Roger_ J. Blaylock ' City of Renton Planning Dept. �- ��� � 200 Mill Avenue South Renton, Washington 98055 RE: A.A.D. Investment. Company Reclassification `Z '% Dear Mr. Blaylock . On behalf of A.A.D. Investment Co. , the owners of the' prop- erty situated at the southeast corner of sunset Blvd. and Duvall Ave. , I am pleased to resubmit our rezone application which request an R-2 and R-3 classification on the subject property. In light of the present zoning on the other quadrants of the intersection, including the recent reclassification of the O 'Niel parcel, we feel that our proposal is consistant with Renton Comprehensive Plan and that it will be very compata- ble with the present and future developments in the neigh- borhood. Our developmental goal on this project is Lo create a gr.d- dual transition between the busy shopping center along Sunset Blvd. , the single family residential developments in the neighborhood, and the school. All reasonable efforts will. be made to preserve the natural characteristics of the site and reduce disturbance to the environment. You will note on the attached site plan that we have adhered to your staffs recommendation in regards to the stream area. We are proposing that the existing stream on the northerly parcel be preseved and the area around it be landscaped. There is no doubt that any development on the site will slightly disturb soils, vegetation, noise levels, traffic and storm water runoff. However, we feel that through prop- er design and provisions of the required suitable storm water retention facilities, these impacts can be minimized. Thank you for your cooperation in this matter. Very truly your s f`'" 1 . 'gypp/ Georg J. -X ^rios 11/ CITY OF RENTON RP7ONr APPLICATION FOR OFFICE USE ONLY LAND USE HEARING APPLICATION NO. r'G'A).2 -PO EXAMINER 'S ACTION APPLICATION FEE $ APPEAL FILED RECEIPT NO. CITY COUNCIL ACTION FILING DATE 3446 ORDINANCE NO. AND DATE HEARING .DATE APPLICANT TO COMPLETE ITEMS 1 THROUGH 10 : A.A.D. Investment Co. 1 . Name CO/ Property Development Assoc. Phone 523-3932 Address 3000 NE 100th Seattle, Washington 98125 3. Property petitioned for rezoning is located on Duvall Avenue between Sunset Blvd. and School 4 . Square footage or acreage of property Approx. 5.7 Acres 5 . Legal description of property (if more space is required, attach a separate sheet) See Attached ii,„r?,,E1\17"(5;;;\ J 11 1 (.) , 6 . Existing Zoning "G" Zoning Requestecombination ( R-2 & R-3) NOTE TO APPLICANT : The following factors are considered in reclassifying property. Evidence or additional information to substantiate your request may be attached to this sheet. (See Application Procedure Sheet for specific requirements . ) Submit this form in duplicate. 7. Proposed use of site For the development of a multifamily residential development which will be developed in full compliance with all Zoning and building Codes. 8. List the measures to be taken to reduce impact on the surrounding area. The design will incorporate proper screening, buffering and the existing creek will remain open with as much of the existing vegation remaining as possible. The building are to be buffer from the existing developments 9 . How soon after the rezone is granted do you intend to develop the site? Unknown 10 . Two copies of plot plan and affidavit of ownership are required. Planning Dept. 1-77 • . .. ,...„,... , ., ..,, . -- . ._. ' • , ...,:••• i LEGAL DESCRIPTION • • • , .. . . ; ' • ' Lot. 7.:of Joseph. P. Marshall Tracts, as per plat recorded in Volume 38 of plats, , l• on page 30 records of King County;• , EXCEPT the East 135 feet Of the North 80 feet of the South 510 feet thereof; . . f:,•1: : i i EXCEPT Portion: of said Lotnveyed to King County .for road by deeds recOrded under Auditor'S.''4,Ffle 44;06478053 and 4614810; • ' 1 , . : - 'AND .EXCEPT: that port ion of said Lot described as follows: Beg inning at the ' intersection of'the .Centerline of Primary; State Highway . No. -:2 : (Sunset Highway) with a line which IS 50 feet Easterly of and parallel ..•!.,,,,f; ',. g . , . with the centerline of 138th Avenue Southeast, as established by Quit Claim ' :!•,' ''• beeerrecorded under Auditor's File No. 64148104 thence South 4°58'22" W,2s:t ‘aloi7g'said"parallel line 250 feet to the True Point of ,Beginning; thence. North 1:;4°58122," East along said parallel line 179. 19 'feet to the' point of curvature : "., • ,1, of 'a 25 fooC•radiuS curve to the right; thence Northeasterly along said curve .!.29.52 feet to the point of compound curvature with a.1382..47 foot radius curve' concave ,to the Southeast, said curve being parallel with and 50 feet distant ;:- ar ; ,•:. from the aforementioned centerline of Primary State Highway No. 2; thence . '•• :_r!,,,,-. f, Northeasterly along Said curve 93."03 feetto a point of tangency; thence ' Wirth 76°213'22"., East I48 55 .feet 'to a line.,which is 100 feet from, when measured ...., .f. at. right .angles and parallel wi th the East line of sa id Tract 7, thence South 1021:'26" West„along• s'iid parallel line 240.26 feet to a point which bears • ': i'-,', i • . , • South 88°33134!! East from the True Point of Beginning; thence North 88°,39'23" •,':;,:,i :'1,:,,'.1stett`, 164.25 feet to the True Point of •Beginning; .•'•-•••• .r. SUBJECT TO an.easement ''Over that portion ,of Tract 7, Joseph P. Marshall Tracts, r accordi.ng to the plat' reCorded in Volume 38 of Plats, 'page 30, in King County, i• Washington, lying WeSterly•of thelast 135 feet of said Tract'and being a '• • ::• strip of land .2Q feet in' widths extending IC fe n- each et on -side of the fol lowing 1: ...,: .,- . , : • i-,described center :1 rae:: , . - , - , .• . ' . , , Elegi9nIng at the Southeast Corner of said[ Tract, 7; thence North 1°21 '26" , ;East along the East, line thereof 430 feet;: thence North 88°39104" West parallel : to the, South line of said: tract, : 135 feet' to:the True Poiyit of Beginning; .- . -,.thence :North 57°22i$6" West 147.17 feat to the point of curvature of a curve '.'....; •::?• `:. ., to, the right..having a radius of 510 feet, thence Northwesterly along the arc '::: „• ' •••:7-of'Isa..14 curve 111 .52, feet, thence North 111+°51112" West 30 feet 'more or less, •• ';'', ' ::.to the Easteri);, 1 ine,qf 138th Ave. Southeast and the end of:said centerline. . - . . ., ., . . . , - , . . • 1 - -_ . A v ir- c - E ) 4310.11r-....'- '' '6'4(r i•r."r t .;'''''''.6'.'' 's tV"4::72.1".r.'t , '*.. • 3Cf177"..;;<-4,Zj'It..'''.47.1;:X G.e 7-4.:>7...211:.t.P...v.1 ." ..;-;;WS:;WANe A. ..4..),"e If>e. ' '*'. .7..k''''..21 ,'li'. -10..ZA-1:-..5 .-"..':' ''S•3'44 4.:; ,: A e14-6 -, . ,, ..... ,. '..,--• , '. .. . .. .'".,st,..,*-'::.;i:%I 774';'::.......::::-:'''''-'..''''e,.:-......40'.,12'.'':'..':::.'.'- '::.:,-.:..,..' ....,:'::v.•'-", ---. -. -.,e....,...•.--,c., 4,,,,.-. '_.,,-;---,i,__...,.—„,......" ,.., , .....1,7.,,,,...-,...... ......,.— „„,"-_, .....-v.- '. 2.e.,°`).):- st '-..4,--','.,-•-:''..;;7,Y'.---y-:„..._-'2-,•,,-..-.-. .-%•,..,...-:,. 4-.,..:-%;-'7:-..,':;%;:-.t-:-Nr. ----1:c".t.-',.,-e.,=:,--11-_'• . : •-• - ,,- - - --- - • • • CITY OF RENTON, WASH I NGTON 1\ N.9 f" -'• ENVIRONMENTAL CHECKLIST FORM • • • • • °r• .i rC�•. ,. FOR OFFICE USE ONLY • Application No. • crd Environmental Checklist No. 4EeA -5.5 f -dill PROPOSED, date: FINAL , date: Declaration of Significance ® Declaration of Significance Declaration of Non-Significance Declaration of Non-Significance COMMENTS: Introduction The State Environmental Policy Act of 1971 , Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals . The Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers , include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele— vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all • of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE: This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals . Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM • I . BACKGROUND 1. Name of Proponent A.A .D. Investment Co. 2. Address and phone number of Proponent: c/o Property Develoi;ment Assoc . 3000 NE 100th Seattle , Washington 98125 Phone 523-3932 ' 3. Date Checklist submitted December 11, 1979 4. Agency requiring Checklist City of Renton 5. Name of proposal , if applicable: N/A 6. Nature and brief description of the proposal (including but not limited to its size, general design elements . and other factors that will give an accurate understanding of its scope and nature) : The reclassification will allow for the construction of 80-85 unit , lowrize multifamily residential aevelopment All parking will be on the site with access crovided from 138th Avenue Southeast • • -2- 7. . Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts , including • any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) : The project is sittmtd -a.t the SE corner of 138th Ave SE and Sunsat Blvd . north-)of and adjacent to Hazen Senior High School. The site it aorrox. 5.7 acres and is heavily wooded. The land slopes down toward the • northerly portion of the property at approx. 10-15 percent . 8. Estimated date for completion of the proposal : N/A 9. List of all permits , licenses or government approvals required for the proposal (federal , state and local --including rezones) : Zone Reclassification City of Renton Buildin,., Permits mits City of Renton Developer Extention City of Renton • 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: None • 11. Do you know of any plans by others which may affect the property covered by your proposal?. If yes, explain: • None 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed , but is expected to• be filed at some future date, describe the nature of such application form: • • II. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) • (1) Earth. Will the proposal result in: • (a) Unstable earth conditions or in changes in geologic substructures? 4_ MAYBE W (b) Disruptions, displacements , compaction or over- - covering of the soil? g YES - MAYBE NO (c) Change in topography or ground surface relief features? { YZS MAYBE RtS (d) The destruction, covering or modification of any unique geologic or physical features? X YES MAYBE NS (e) Any increase in wind or water erosion of soils , either on or off the site? X YET- MAYBE NO (f) Changes in deposition or erosion of beach sands , or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? •• YES MAYBE A0 Explanation: Soils will need to he moved araund the site during construction, hcwever' existin_; tonorr. •: hi.r rel•iti ons between the site , devr.loped streets rind exi;tin; grades -will be maintained. r b, -3- • • (2) Air. Will the' proposal result in: (a) Air emissions or deterioration of ambient air X • quality? Y€T— AYBE iTh (b) The creation of objectionable odors? X TE3— MAYBE WO-- (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? YET MAYBE NA Explanation: During construction there will be increase emmis • - sions < After construction. the principle sourne of pollution will be carbon monoxide emmission from the increase in auto- • mobile traffic in the vicinity of the development. (3) Water. Will the proposal result in: (a) Changes in currents , or the course of direction of • water movements , in. either marine or fresh waters? X YES MAYBE NO (b) Changes in absorption rates, drainage patterns , or the rate and amount of surface water runoff? X . Y! MAYBE NB (c) Alterations to the course or flow of flood waters? X YES win- ',To— ed) Change in the amount of surface water in any water • body? Yam— MAYBE NO (e) Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? YES MAYBE 1T0 (f) Alteration of the direction or rate of flow of • • ground waters? }( 1TE — MAYBE NO • (g) Change -in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? YES MAYBE NO (h) Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates, detergents , waterborne virus or bacteria,- X or other substances into the ground waters? YE! MAYBE NO (1 ) Reduction in the amount of water otherwise available for public water supplies? X YES MAYBE WO-- Explanation: The introduction of impervious surfaces such as asphalt , concrete and roofing will decrease absorbtion rates , increase direct surface runoff, Stormwater will be directed to an approved properly designed collection-retention sustem. (4) Flora. Will' the proposa result in: (a) Change in the diversity of species , or numbers of any species of flora (including trees, shrubs , grass , crops, • microflora and aquatic plants)? MAYBE W • (b) Reduction of the numbers of any unique, rare or endangered species of flora? TES MAYBE NYO • (c) Introduction of new species of flora into an area, or in a barrier to the normal replenishment of existing species? . Y MAYBE AU— (d) Reduction in acreage of any agricultural crop? v YEs— R' 0- Explanation: Existing underbrush and tre ys will be disturbed of accomodated the structures , roads and parking facilities . As much of the existin vegetation will be retained sible . Cleared areas will be replanted with species .common to urban- residential areas. • • -4-. • (5) Fauna. Will the proposal result in: • . (a) Changes in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles , fish and shellfish, benthic organisms , • insects or microfauna)? gg YESWEE NO (b) Reduction of the numbers of any unique, rare or endangered species of fauna? X YES . MAYBE NO (c) Introduction of new. species of fauna into an area , • or result in a barrier to the migration or movement of fauna? ,� YEB MAYBE NO (d) Deterioration to existing fish or wildlife habitat? ;f YEB MAYBE WU— Explanation: The population of native wildlife , includingsquir- rels and birds will likely be slightly reduced. Domestic pets can be expected with this development , and can be expected to limit the rebuilding of natural species (6) Noise. Will the proposal increase existing noise levels? AS MAYBE NO Explanation: There will be an incre.•z.,e in noise levels in the vicinty of the project during construction. After construction noise associated with routine operations will result only from vehicular tr::ffic to and from the development . (7) Light and Glare. Will the .proposal produce new light or glare? • X YES MAYBE AT— Explanation: Standard street lights will need to be installed for .the protection and safety of the residents . Low intensity light fixtures will also be installed for landscaped areas and unit entries. (8) Land. Use. Will the proposal result in the alteration of the x present or planned land use of an area? YES KATTEWU— Explanation: The development will result in a permanent improve- ment which will provide a significant increment of intovin housing for Renton residents. (9) Natural Resources. Will the proposal result in: (a) Increase in the rate of use of any natural resources? X • YES MAYBE NO (b) Depletion of any nonrenewable natural resource? X YES MAYBE Explanation: Th.o development will create a short term increase in the use of resources such as constrution supplies. There will be a permanent increase use of natural resources asso— ci atf!d with hri.ating end ti anspurt t L i_uue (10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides , chemicals or radiation) in the event of an accident or upset conditions? X Yl-1-- MAYBE NT— Explanation: (11) Population. Will the proposal alter the location, distri- • button, density, or growth rate of the human population of an area? X • YES MAYBE AT— • Explanation: The development will increase ropul6tion withi a the immediate area by approximately 200 persons . • -5- (12) Housing. Will the •proposal affect existing housing. or create a demand for additional housing? y YES rYBE NO Explanation: The .development will increase the supply of urban housing for small family units and single adults . • (13) Transportation/Circulation: Will the proposal result in: • (a) Generation of additional vehicular movement? X YES MAYBE NO (b) Effects on existing parking facilities . or demand for new parking? X YES M YBE NU— (c) Impact upon existing transportation systems? YET MAYBE NO • (d) Alterations to present patterns of circulation or movement of people and/or goods? . X YET- MAYBE • (e) Alterations to waterborne, rail or air traffic? X VET- MAYBE NO • (f) Increase in traffic hazards to motor vehicles , X bicyclists or pedestrians? . YET- MAYBE ff • Explanation: Traffic from the site will increase the average daily vehicle trip on 138th Ave SE by approximately 600 vehicle trips per day. The new traffic should all be directed towar. d. Sunset Blvd . which should have a minor impact on traffic due to standards vhich it was designed to. (14) Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas : (a). Fire protection? X YES MAYBE N� • (b) Police protection? X VET- MAYBE Nr • (c) Schools? y YES MAYBE N-6— • (d) Parks or other recreational facilities? X YES MAYBE NO (e) Maintenance of public facilities , including roads? X YES MAYBE NO (f) . Other governmental services? X YES MAYBE NO 'Explanation: The Existing area has fire protection, police , protection and schools , but the development will slightly increase the demand for these services . Increased population • will increase the use of parks , ect. (15) Energy. Will the proposal result in: • (a) Use of substantial amounts of fuel or energy? YET— MAYBE NO (b) Demand upon existing sources of energy, or require . the development of new sources of energy? X YET- MAYBE WO— E xplanation: Building construction and heating will use energy. Automobiles generated by this development will use gas and oil. • (16) Utilities. Will the proposal result in a need for new systems. or alterations to the following utilities: (a) Power or natural gas? X YES MAYTE NO • (b) Communications systems? X 1 YE5 RPTE NO (c) Water? X _ YES MAYBE NO r s • -6- (d) Sewer or septic tanks? X • YES MAYBE NO (e) Storm water drainage? X YES � IFZf • — (f) Solid waste and disposal? X YES MAYBE NO Explanation: This development will require the exention of both water and sewer . We have alre:..dy contacted the Renton engineering department and have initiated the process. (17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding mental health)? X Vt MAYBE AU— Explanation: • (18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public , or will the • proposal result in the creation of an aesthetically offensive site. open to public view?. . X yES MAYBE Explanation: The site will be altered from its present vacant • character to d 'developed residential area. • (19) Recreation. Will the proposal result in' an impact upon the • quality or quantity of existing recreational opportunities? X YES MAYBE NO Explanation: The introduction of the new. reidents will have u slight impact on the recreational opportunities . • (20) Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, object or building? X . YES MAYBE Explanation: • III. 0 SIGNATURE I , ' the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of, non-significance that it might issue in reliance upon t s checklist should there be any willful misrepresentation or willful lack of full di clo on my part. Proponent: si ed • George . Xen (name printed) • • • City of Renton Planning Department • 5-76 • TRAFFIC ANALYSIS The following is a comparison of the potential impacts our proposed project will have on the existing traffic and traffic circulation patterns in the immediate vicinity of the development. For the purpose of this analysis, we have elected to compare the site developed to a SR-1 density to our proposed R-2 and R-3 density. SING-NE FAMILY 29 units @ 10 trips per unit = 290 trips MULTI-FAMILY 88 units @ 6 trips per unit = 528 trips Estimated increase in traffic trips from single family to multi-family = 238 trips Assuming that the trips generated by our development orient to emplayment and to the population centers will be more numerous than local trips, it is assumed that 70% of all trips generated will proceed westerly along Sunset Blvd. and the remaining 30% will proceed east on Sunset Blvd. or north and south along Duvall Ave. The following is a comparison of the two levels of development and their impacts on particular street segments : Street Segment Single Family Multi-family Sunset Blvd. east of Duvall Ave. East bound daily count (4047) 10% of 290 trips ( + . 71%) 10% of 528 trips ( +1.30%) West bound daily count (3756) 10% of 290 trips ( + . 77%) 10% of 528 trips ( +1.41%) Sunset Blvd. west of Duvall Ave. East bound daily count (6285) 70% of 290 trips ( +3.23%) 70% of 528 trips ( +5.88%) , West bound daily count (5592) 70% of 290 trips ( +3.63%) 70% of 528 trips ( +6.61%) Duvall Ave. south of Sunset Blvd. North bound daily count (1866) 70% of 290 trips (+10.88%) 70% of 528 trips (+19.80%) South bound daily count (2367) 10% of 290 trips (+ 1.23%) 10% of 528 trips (+ 2.23%) Duvall Ave, north of Sunset Blvd. North bound daily count (3703) 10% of 290 trips ( + . 78%) 10% of 528 trips ( +1.42%) South bound daily count (3992) 10% of '290 trips ( + . 73%) 10% of 528 trips ( +1.32%) AFFIDAVIT I , G .A = , - - .. _ - - -- ,1� , being duly sworn, _declare that 4-1 - - - am the owner- of th fa ert volt' in this application and that the P P Y PP - - foregoing state - is and answers herein contained and the information herewith submitted are in all respects true and correct. to the best of my knowledge and belief. Subscribed and sworn before me this day of "DeC /1'_ , 197, , Notary Public in and for the State of Washington, residing at . /1:74/*4 -,e, e ‘eagi . --/ derfrAdeja ) (Signature of Or) .O00 J ✓,a / .eOeziD~dct7 Aggf,r, Vim, (Address) (Address) S • .Ze.A/re,Ai) IZJ M 9T'e5 . (City) (State) Telephone (FOR OFFICE USE ONLY) CERTIFICATION . This is to certify that the foregoing application has been inspected by me and has been found to_;be== 'borough and complete in every particular and to conform to the ru.les la nd' r,eg,.tilations of the Renton Planning Department governing the fbli o�f',sucn lication . .-- -!1� Date Received t(;> z �-,1 19 By:_ - -- - ~, �C i s .J' ''..� Ida . \\<Sp ".. • . - . iYNlfa_G�. Renton Plann.3ng Dept . • AFFIDAVIT 1 � � • I , / / �, being duly sworn, declare that I - - -am the -own o the property involved in this application and that the foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct 'to the best of my knowledge and belief. Subscribed and sworn before me • this day of Oec 4(2,ee_ , 19?5' Notary Public in and for the State of Washington, residing at N='e of oar• ►,, •lic) (Signature of Owner) 3cXDC) /1/' . ./GU (Address) re (Address) (City) (State) (Telephone) (FOR OFFICE USE ONLY) - CERTIFICATION This is to certify tlia;t -t=h.e foregoing application has been inspected by me and has been foundto abe�'�tpor,augh and complete in every particular and to conform to the ' ulesa� `'� r}�3�re g��lations of the Renton Planning Department governing the if-i-dNi4g•.�af'-suchd''a�pplication . J Date Received 1\ ? f, 19 By: • Renton Planning Dept . 2-73 OF R4, 40 1 4 0 THE CITY OF RENT N MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH.98055 o BARBARA Y. SHINPOCH, MAYOR ® PLANNING DEPARTMENT 235- 2550 ,9�T�O SEP E�4�4 February 1, 1980 Mr. George J. Xenos 3000 N.E . 100th Seattle, Washington 98125 RE: A.A.D. INVESTMENT COMPANY REZONE, R-457-79 Dear Mr. Xenos: Pursuant to our conversation of this date, it is our position that the above rezone application may be resubmitted and heard by the Hearing Examiner based upon a recent attorney 's opinion which stated that the Comprehensive Plan is a guideline and, if an application follows the general intent of that Plan, the Planning Department can accept it for processing. The other two environmental conditions required under the Proposed • Declaration of Significance must still be addressed prior to continuation of departmental review. The third item has been addressed by our attorney and does not apply at this point . However, the questions of drainage analysis and traffic impacts are still valid and need to be addressed. Based upon past discussions concerning the site, we would recommend that you submit an entirely new application for the project based on R-3 and R-2 zoning instead of the proposed B-1 and R-2 . It appears this follows your clients general intent of using the site exclusively for multiple family residential and not for business development . Our review of your previous application suggests that the appropriate breaking point between the R-2 and the R-3 zones ,should be the single family residence and the access road. The Hearing Examiner has dismissed the application entirely, and a new application and fee will be required. Very truly yours, Gordon Y. Ericksen Pia ning Director " ,'; Robe J. B ay lock Associate Planner O F I? ae ', ® THE. CITY OF ENTON ti Ap" +� MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON.WASH. 98055 C/ e L CHARLES J. DELAUaEl,TI ➢ MD VOR 0 LAND USE HEARING EXAMINER ,o,� FRED J. KAUFMAN. 235-2593_ SAP _ - _jr - tiJ • January 8, 1980 ➢ 1-1 ,to_ /.• , Mr. George J. Xerios ' fl`f 3000 N.E. 1GOth 7:` Seattle, WA 98125 RE: ,,File No.' R-457-7.9, Short Plat 443-79, E-444-79, W-445-79; l"1``; .'r t'r. -�-,/ Fa.Fa.I3. Investment'Co.,. Dear Mr. Xenos: The Examiner may grant a continuance to a time. and date certain for good cause shown. Since it is impossible to determine the exact time and date at which required information will be submitted in the above entitled matter, it is appropriate to dismiss the item from the agenda without prejudice until the question of the environmental assessment is resolved. Under such circumstances, the Planning Department may reschedule the hearing without waiting for the expiration of time limits set for the rehearing of the same or similar matters. The time then is set for a hearing by the Planning Department as is any other new item, and legal notice is similarly posted and published. Sincerely, X,P,JJ1r- Fred J. Kaufman Hearing' Examiner • cc: Parties of Record Manning Department City Clerk OF R.�� ., .y O THE CITY OF RENTON U 3,.„,...i.„..,,,,n . '�� .z '' MUNICIPAL BUILDING 200 MILL AVE.SO. RENT®N,WASH.98055 o . L.•. - CHARLES J.DELAURENTI➢ MAYOR o - PLANNING DEPARTMENT - _ 9A �' - 235- 2550 o9..q, SEP`�ct.40 January 4, 1980 George J. Xenos 3000 N.E. 100th Seattle, Washington 98125 RE : APPLICATION FOR REZONE, File R-457-79 Dear Mr. Xenos: Pursuant to our conversation of this afternoon, the City of Renton has issued a proposed Declaration of Significance on your rezone request for property located on the southeast corner of •Duvall Avenue N.E. and Sunset Boulevard N.E. The specific areas of concern have been listed, and a meeting needs to be set up to determine how additional information should be presented to answer these concerns. Please call me directly, and I will set up a meeting including Mr, Erick- sen at the soonest possible time. Until these issues can be resolved, and either a Declaration of Non-significance issued or an impact statement prepared, the Hearing Examiner will not be able to open the hearing. It is within the Hearing Examiner' s authority to continue to a time certain or dismiss the application. Without . a speci- fic time reference, it is probable that he will dismiss the application. Very truly yours, Gordon Y. Ericksen Planning Director ---- .31).A.-9 Roger J. la to, lay lock Associate Planner RJB:wr • Attachment PROPOSED4I ECLARAT I ON OF SIGNIFICANT 'e,;'s l;:;,-;�;;'�,_` ' Application No . H-457-79 %PROPOSED Declaration Environmental_ Checklis ' _No . ECF-532-79 0 FINAL Declaration - - - --Description of proposal The rezoning of 5. 7 acres to B-1 . Business use -arid R-2 ; Residence -District to allow the construction of approximately 80 to 85 multiple family dwelling units in the form of apartments & town- hous Proponent AAD Investment Company Southeast corner of the intersection of Duvall Avenu Location of Proposal Nj H, and slInse t PrluiP-'ard \; F' Lead agency City of Renton Planning Department This proposal has been determined to Khave 0 not have significant adverse impact upon the environment . An EIS is 0 is not required under RCW 43 . 21C . 030 (2 ) (c ) . This decision was made after review by the lead agency of a completed environmental checklist and other information on file with the lead agency . NON- Reasons for declaration of environmental significance : 1 . The ultimate development of the proposed B-1 area would demand substa tial filling of the parcel. • 2. Development of the site will eliminate most of the natural vegetation it t)lP g1111 T Ard T`ifll cy tn 2l•cr 3. The project will increase traffic and modify the traffic circulation 4. The rezone proposal does not appear to be stri compliance with h r cp !' Cc ; ., p n 11 mprAhPncj zIp Plan . Measures , if any , that cculd be taken to prevent or mitigate the environmental impacts to such an extent that the lead agency would withdraw its declaration of significance and issue a ( proposed/ ) declaration of non-significance : 1. A drainage analysis of the subject site including the impacts resulting from the filling and grading. 2. Evaluation of traffic impacts on circulation within the immediate nei ghb.orhoorl 3. Detailed justification for considering a rezone application that d m 3 th hP.--Compa°e►, Plan_ • • Responsible ' Official Gordon Y. Ericksen ' ._ Title Plannin, D' ,ectr.r, „ �'iate January 4 , 1980 Jar` Signature `� ,t ... e. .,,, r. __. i of Renton PlanningDepartment 5-76 owromsamm tmounromminnol Sr ECJ TITLE INSUP.ANCF COMPANY Fourth vine uilring 1(11L ' P. O. S'cx 219a7 ,� _,Seltt1es !la shtP"Pa'�<)t` -In -�1- �` - To: CAP8_Solt s),r.;TGA E CrY'.PANy 101OO Northeast 13th Suite :911 3ellevue, Ilaih1ngton 98004 Attention: Carol • Your No.: rf33S(E/A. A. '3. IW ST�E TS CO., LTD.) Our No.: 426335 • • TITU OFFICER: !3i'if'.OLF rlL t;T FST Tel ephone: (200 ) 292-1316 • • n� ' y�y av_b �..ro_ bead .° .... : • "� :f i;. 6- ;•;rr..i ':1''.{=`j'i`'1tiy5C;. �; `_-" i.c.:.-N::.;:,•--.. _ .. .., aan;w.rr.-..,,.r..,,,- ,4,-*-4 « ; ,.� . ` y11 7'_`.�i?asnlm aactsc-aPS.iTR°+'?Ywse ,:,,y.:.:,....,..•*'".• COMMIVENT FOR TITLE INa"leRANCE SCHEDULE A • - - -- _ _ : _ __.•Your-No.o (KUSSKE/A.__A. . .- -- -. - - - -- INVESTMENTS CO:,- LTD.)- Our so.: 426335 1 . Effective Date: September 20, 1979, at 8:00 a.n. 2. Policy or Policies to be 'issues: X ALTA Owner's Policy Amount: $2.2,CO0,, D.. X Standard Extended • Premium: $ 132.50 °Pr°oposed Inured: Tax: $ 7.02 A. A. D. INVESTMENTS CO., LTD. ®.a Washington corporation ALTA Loan Policy Amount: $ Prelitra: • • Proposed Insured: Tax: $ • ULTA Standard Coverage Policy Amount: $ . • Premium: $ . Proposed Insured: • Tax: $ - • 3. The estate or interest in the land described or referred to. in the • Commitment and covered herein is: A fee 4. Title to the fee estate or interest in said land is at the effective date•hereof vested in: VICTOR ; ICHAEL KUSSKE AHD THERESA SUE KUSSKE, as trustees as to an undivided half interest and in VICTOR M. KUSSKE, THERESA S. KUSSZE, . PA TRICK D. KUSSKE, M TTHEW L. KUSSKEs ELIZABETH A. KUSSKE„ CHRISTOPHER T, KUSSKE AND MARGARET M.• IUSSKE, each as their separate estate, as to an undivided half interest ._ • 5. The land referred to in this Co mitlent is in the State of Washington, County of King,' and is described as follows: Ts� SEE EXHIBIT 'V ATTACHED HERETO AND MADE A PART HEREOF. - 7 1 • - Ct •1MITMEriT FOR TITLE INSURANCE SCiEgl31 fi l3 _ • No. 426335 J • • • I. The following are the requirements to be c nplied with: • A. Instruments necessary to create the estate or interest to be insured gust be properly executed, delivered and duly filed for record. II. Schedule 3 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. 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 of record for value the estate or interest or mortgage thereon covered by this comnit;ient. S. Any policy issued pursuant hereto will contain under Schedule li the standard exceptions as set forth and identified as to type of policy on the inside of the back cover hereof. • C. — SPEC/AL EXCEPTIONS: iS: 1. Easement affecting a portion of said premises and for the purposes hereinafter stated, as' established by instrument recorded on May 3, . 1972, in the office of the recording officer of King County, Washington, under recording number 7205030504, . • • For: . L Right of way Affects: East 5 feet of said premises 2. Restrictions contained on the face of the plat of Joseph P. Marshall ' .. • Tracts, as follows: ' . . _;,, = No lot or portion of a lot of this plat, excepting those lots which are • hereinafter restricted to business use, shall be divided and sold F.. • resold or ownership changed or transferred, whereby the ownership of any portion of this plat shall be less than the area required for the use district stated on this plat. 7 All tracts in this plat are restricted to S-1, Suburban District Use, • and are subject to the provisions of Resolution No. 6494 and any future amends nts_ thereto. 3. = Right to make necessary slopes for cuts and fills Upon said premises in conforrntity with standard plans and specifications for highway purposes* and to the sane extent as if the rights granted had been acquired by (Continued) • • • • • '�••`0.!I.• :MINCJNiic _ate .�ra•arr ara•al.mer-a[erAm rare-a i .�.•� r-r'a— - .-- r''"'"--'ve,;!7.,:•7,7'N.-,i,?. ini,,-•‘:---,,',','-4, :,•'•- ..) , , . ...,,,,,..=001 : 'r--..•-v7::,:•-_:-:,•,-.-.. -- --..• - ,./ '•' i . •,,.- . . . . ' • '... ' ' ' -v,..,j'' . -• :Z,,''' ' ' ' - .,-• -----7, - - --- - - ,-., ',',;'" :''. ' No. 4'25335 - Page 2: —• .. - - — - - -,• _ _______ , - .•_. - __ , , .. ., . . . . , . .. .. . ., . .. condemnation proceedings under Statutes of the State of Washington, as granted by Deed recorded in the Department of-Records. and Elections by , King County, klashington, •under King County Recording . No.: ,6478059 To: . COUNTY OF KING, STATE OF tiliSHINGTON • . 4. Exceptions and Reservations as contained in Deed F. J. WILTGEN AND F.cLANCI1E t4ILTGEN, his wife .. . • ,„ Dated: , May 3, 1955 -- . Recorded: May 12, 1955, in the Department of Tecords and . .•:' • Elections of King County, Washington, under King • County Recording , 4572272, as follows: • .. . - . . EXCEPT coal and mineral rights; , 5. . Delinquent general taxes for the year 1979 in the SUM of $.,27.086 plus Interest. .. . • (Affects: Said prEinises-AccoUnt No. 51 .6970- 6 001)6 _ _.,.: _ _ __ • 6. Easement affecting eportion of said premises and for the purposes hereinafter stated, as established by instrument recorded on January 20, •1970, in the office of the recording officer of King County, Washington, under recording number 6610637, ., For: , ingress and egress ...• ,: Affects: Portion of the West 25 feet-of the North 65 feet.of • said: premises . , . . 1 . . 7. Lien of real estate excise sales tax upon 'any 'sale of said premises, . if unpaid. . . .. . .• - .: . , • . . • hmwijm .. , . _ . _.. . _.._ . • . . . • • . .. . . • . . . ... . . • • • ...! . . . •. . - . . . . . . . • • . • . . , . •-•- . . i • . . . . • , . , . . . , • . . : . . . . •• . .. , • - . . • . . • - .._ . •• • ; • . , . , • . , • - , .. • • . . • .- . . . • . . . . , • ......_-____. -.,,-.,- scribed in Ord! __,,.._,,rstl1ngton. It is furnished without charge solely for the purpose d --p r remises. It does not purport to show all roads or easements. The Com- xr 1 .40 tsrriliiibility for Inaccuracies therein. 1\ : QVANo �i , \ NroN, ASS N ,� N vor -CO:a', {R,1B • I ii. ‘ , ,‘ leg..,, t . ��i P'�93•03 i1%'� ' i- � ti � 2 i .5o /oo ,. Nz �' o vi _ . 9'fit• N; I114 «4. 5' N Ito I /?: I WI Q ' • I zj ; e 42 So- ' -I . . \'- TO-6 1/66 li �'+ 1 ,•,, ,,.. ,,... x `;11 +;Ele0 41 t**u: :�z.-�'.��a "''" '�''0 ,.,4'11'. +. a a, .e -IN , ty .;vp EXHIBIT "l" . That portion of Lot 7, Joseph P. Marshall Tre4.ti, according to Plat recorded in Volume 38 of plats,- page•'30, in King County, Washington, described as follows: Beginning at the intersection of the East line of ,said Lot 7 and a line which is parallel to and 60 feet distant fran the centerline of Primary State Highway No. 2; thence South 76'28'22" Nest along said parallel line 103,46 feet to the West line of the East 100,00 feet of Lot 7; thence South 1°20'26" West along said West lino-:180,73 feet; • thence South 88°39'34" East 100,00 feet to the East line of said Lot 7; thence North 1°20'21" East along said East 'line 207,23 feet to the true point of beginning. • • ' f _ 4 • 'gym e; , f . , STANDARD FORM - I P'- 1 — 3 3 3 s, Policy of Title Insurance ' Issued by _ - — _ - • k .P f Transamerica Title Insurance Company 1. , • ti r hereinafter called the Company, a California corporation, for valuable consideration, and subject to the conditions and stipulations of this policy, does hereby insure the person or 3 persons named in item 1 of Schedule A, together with the persons and corporations in- cluded in the definition of"the insured"as set forth in the conditions and stipulations, against loss or damage sustained by reason of: .' 1. Title to the estate, lien or interest defined in items 3 and 4 of Schedule A being vested, at the date hereof,otherwise than as stated in item 2 of Schedule A;or ; 2. 4ny defect in, or lien or encumbrance on, said title existing at the date hereof,not shown in Schedule B;or , ;d 3. Any defect in the execution of any instrument shown in item 3 of Schedule A,or priority, at the date hereof, over any such instrument, of any lien or encumbrance not shown in • ; Schedule B;or E 4. Unmarketability of such title; t provided, however, the Company shall not be liable for any loss, damage or expense re- 1 `' suiting from the refusal of any person to enter into, or perform, any contract respecting the estate, lien or interest insured. P ,, The total liability is limited to the amount shown in Schedule A, exclusive of costs incurred ' by the Company as an incident to defense or settlement of claims hereunder. is In witness whereof, THE COMPANY has caused this policy to be authenticated by ', . the facsimile signature of its President, and its Secretary. _ �7;-_-,— Transamerica Title Insurance Company t•, r. , `, \\ Y j Of'. 0'..-°.:;‘,1-:•• ,-:(„.. , _ •M a `t !J— \;`� '\ ';A, By i"s l t 4 t 7 r `�"�6i�.t,�,,;. �`�,� `�,tas'J President e A` 1 2) ,�,i �:._ 'OO ii(,i`vim .fj 11 l d 1 m '. Yr} \\ ,� t +�� { + /r a,+ '+ a ': Secretary ••• •(�,, � ,4 ``:;`, ,,,-, _-,�_,- f"7 k M. DESCRIPTION: __The East 135 feet of the North 80 feet of the South 430 feet of _ - Tract -7 ,- J oseph _P-.:: Marshall- Tr-acts_, as per plat recorded "in Volume 38 of- Plats , -on page 30, records of King County, Washington; . _ TOGETHER WITH an easement for road and utility purposes over that . portion of Tract 7 of Joseph R. Marshall Tracts as recorded in Volume 38 of Plats , on page 30, records of King County, lying Westerly of the East 135 feet of said tract and being a strip of land 20 feet in width extending 10 feet each side of the following described centerline: Beginning at the Southeast corner of said Tract 7 ; thence North 1°21' 26" East along the East line thereof 430 feet; thence North 88°39 '04" West parallel to the South line of said Tract 135 feet to the true point of beginning; thence North 57°22 ' 56" West 47 . 17 feet to the point of curvature of a curve to the right having a radius of 510 feet; thence Northwesterly along the arc of said curve 111 . 52 feet; thence North 44°51 ' 12" West 30 feet, more or less , to the Easterly line of 138th Avenue Southeast and the end of said centerline. • Situate in the County of King, State of Washington; ALASKA AND WLTA POLICY � I Form No.W&AK 4000-1 (1PT) • SCHEDULE A 1-0499 No. 705505 Amount $ 9, 000. 00 Date July 24, 1979 at 8: 30 A.M. Premium $ 85 . 50 1. Insured, _A.A.D. -INVESTMENT CO, , A WASH-INGRON CORPORATION, as to an undivided 25% interest-; -F.H.-N. -INTERNATIONAL--; INC. , A LNASHINGTON CORPORATION as to aii undivided 40% interest; and E.R.Z. , CO. , 'A WASHINGTON CORP- ORATION, as to an undivided 35% interest. 2. Title to the estate, lien or interest insured by this policy is vested in The Named Insured 3. Estate, lien or interest insured Fee simple estate' • • 4. Description of the real estate with respect to which this policy is issued See attached hereto. is WLTA WASHINGTON POLICY I • Form No. V✓ 4000.2 (1PT) Revised 2-15-1978 SCHEDULE B Defects, liens, encumbrances and other matters against which the company does not insure: -- GENERAL EXCEPTIONS _ 1. Encroachments or questions of location,boundary and area,which an accurate survey may disclose; public or private easements,streets, roads, alleys or highways, unless "';sclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records;material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; water rights or matters relating thereto;any service,installation or construction charges for sewer, water, electricity, or garbage removal. 2. Exceptions and reservations in United States Patents: right of use, control or regulation by the United States of America in the exer- cise of powers over navigation; limitation by law or governmental regulation with respect to subdivision, use enjoyment or occupancy; any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any portion which is now or has been formerly covered by water; defects, liens, encumbrances, or other matters created or suffered by the insured; rights or claims based upon instruments or upon facts not disclosed by the public records but of which rights, claims, instruments or facts the insured has knowledge. 3. General taxes not now payable; matters relating to special assessments and special levies,if any,preceding the same becoming a lien. 4. "Consumer credit protection," "truth-in-lending," or similar law, or the failure to comply with said law or laws. Special exceptions 1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: Grantee: May Creek Flood Control Zone District, • a created Municipal Corporation, State of Washington Purpose: Flood control works and right-of-way. Area Affected: A strip of land 30 feet in width that is 15 feet on either side of centerline of Honey Creek. The description contained therein is not sufficient to determine its exact location withing the property herein described. Recording No. : 5946474 2. Restrictive covenants as disclosed by the plat of Joseph P. Marshall Tracts . • 3. Restrictions and other terms and conditions as disclosed by instrument recorded under Recording No. 6610687 . 4. Reservation of coal and mineral rights contained in deed recorded under Recording No. 710325-0055 by Edward H. Klein and Grace G. Klein, his wife. 5. Right to make necessary slopes for cuts or fills upon property herein described as granted to King County by deeds recorded under Recording Nos : 6414810 and . 6478059. • (Tt 4te . AA ; 51 &‘ '7E E065%2 - ca OWNW INFLATION PROTECTION INDCWMENT Attached to Policy No. Issued By !ransa� :�rotga title insurance Company The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the Insured owner named in the Policy to which this Indorsement is attached, hereby modifies said Policy,-as folloo-rs • 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Indorsement) by the same percentage, if any, by which the United States Depart- ment of Commerce Composite Construction Cost Index (base period 1967) for the month of September immedi- ately preceding exceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Contruction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, or as of the date of receipt by the Com- pany of the first notice of such claim, whichever shall first occur. PROVIDED, HOWEVER, this indorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this Policy is a parcel on which there is only a one-to-four family residential structure, including all improvements on the land related to residential use, in which the Insured Owner resides or intends to reside; or b. The land consists of a residential condominium.unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides or intends to reside. Nothing herein contained shall be construed as extending or changing the effective date of said Policy. This Indorsement is made a part of said policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. Irenaamerica Me insurance Company p ,I sU7� iu alb •••:,o By , ry��"��"L „ • President .eefs� SAY 23 11 • • 1-r AV Q47411 F O R®®�� NOTE: In connection with any renewal policy subsequently issued on said land, the renewal.rate (if applicable at All) will be allowed based only upon the original face amount of insurance as stated in Schedule A of said Policy. ;? 4 T/A Indorsement Form No. W&AK T/A-1 (Effective 11-4-74 Washington) (Effective 4-17-75 Alaska) HOMEOW R'S ADDITIONAL PROTECTION II 5RSEMENT Attached to Policy No. Issued By Transnmerooa Tale insurance Company - This Indorsement shall be effective only if at Date of policy there is located on the land described in said Policy one-to-four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of this Indorsement the term "residential structure" is defined as including the principal dwell- ing structure located on said land and all improvements thereon related to residential use of the property, except plantings of any nature and except perimeter fences and perimeter walls. • The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any of the following matters: (1) lack of a right of access from said land to a public street; (2) any taxes or assessments (excluding utility connection and service charges) levied by a public authority against the estate or interest insured which constitute liens thereon and are not shown as exceptions in Schedule B of said Policy; (3) any unrecorded statutory liens for labor or material attaching to said estate or interest arising out of any work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which said Insured Owner has agreed to be responsible; b. the enforced removal of said residential structure or interference with the use thereof for ordinary residential purposes based upon the existence at Date of Policy of: (1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement; (2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule B; (3) any violation of applicable zoning ordinances, but this Indorsement does not insure compliance with, nor is it in any way concerned with, building codes or other exercise of governmental police power; c. damage to said residential structure resulting from the exercise of any right to use the surface of said land for the extraction or development of minerals, if minerals are excepted from the description of said land or shown as an exception or reservation in Schedule B. The total liability of the Company under said Policy and all indorsements attached thereto shall not exceed, in the aggregate, the amount of said Policy and costs which the Company is obligated under the conditions and stipulations thereof to pay; and nothing contained herein shall be construed as extending or changing the effective date of said Policy. This indorsement is made a part of said Policy and is subject to the schedules, conditions and stipulations therein, except as modified by the provisions hereof. banaamerioa Toile insurance Company ..- \-\ NS0,0q01.1 t By `� ``COlaP° 117 • President 414 y 23, N91� +V 110 T/A Indorsement Form No. W T/A-2 A Q. (Effective 5-15-76) �Q����11 F Q RN ,�®' `'form No:W-AK-555.1 �, — ��. ' (Previous Form No.80 SP) Drawn by Checked Date Plat VoL PG. Order No, .7J SKETCH Cf PROP-ERTY-S OUT1N ATTACHED ORDER- - _ - ` __ - To assist in locating the-premises. -It i not based-on a survey, and the compa.iy assumes no liability for variations if any, in dimensions and location. ; cr„1,,,,,----4.-...x.,- `, ,i0 07 1 -..10% \ n • "` 19 �146 • - - ,sc - - 1 ti 0005� � a o1N 6�3I c ;,� d w� \ o /oo n• b1 ti 558.38.34E e 1 h "h h - • 1 m ' 0080 42 l 1 so1 16 •oo y ' 1 0 h • N A N . N 0 i \ N 1 h N \ 1 � y 1 N k; 1 7 a o \ \o � v.4 �.3.s • \ 01 Sep, ® po8 k • tom- - C z h %° 0082 Cy �LI - < Z 41 C® • . b ' CO i Note—This map does not purport to show allhighways, roads or easements affecting the property. } / - -`�`•- - - .. . - _ F.a �:t . I Transamerica Title Insurance Company Transamerica Title Insurance Company I' MHOME OFFICE a �: 600 ontgomery Street Policy ®C t - San Francisco,California 94111 SERVING THE FOLLOWING COUNTIES (415)983-4400 • AND RECORDING DISTRICTS d Arizona Operations 114 West Adams Street c ® , Phoenix,Arizona 85003 • TitleY R M�7 M�� e 1NASFIINGT®RI I (602)262-0511 BENTON LEWIS Northern California Operations 6850 Regional Street CHELAN MASON � `t� Dublin,California 94566 3 (415)8293800 Issued by CLALLAM OKANOGAN - • • CLARK PACIFIC Southern California Operations Third and La Cienega COWLITZ PIERCE Los Angeles,California 90048 (213)655-3000 t. h • DOUGLAS SKAGIT Colorado Operations FERRY SNOHOMISH 1837 California Street ' FRANKLIN SPOKANE 4. Denver,Colorado 80202 (303)534-9066 • • Transamerica Title • GRANT THURSTON ISLAND Michigan Operations WAHKIAKUM w 20830 Rutland Drive Insurance CompanyJEFFERSON WHATCOM • Southfield.Michigan 48075 (313yeId569-0100 KING • WHITMAN Nevada Operations t KITSAP YAKIMA 437 South Sierra Street Rono,.evada 89501 (702)786-1871 . P. 6Oregon Operations 4o9 S.W.Oiegnth Avenue9720 w�cVA Portland,Oregon 97205 ALASKA (503)222-9931 • ANCHORAGE KODIAK Texas Operations CAPE NOME NENANA 3820 Buffalo.Speey Houston;Texas dwa CORDOVA PALMER dwa 7098 (713)622-2611 { FAIRBANKS PETERSBURG Utah Operations Soso South state Street HAINES SELDOVIA Salt Lake City,Utah s4115 ate. T�nsawe�SOa HOMER SEWARD (801)486-5781 • t Title Insurance Services HYDER SITKA Washington-Alaska Operations JUNEAU Park Place SKAGWAY Sixth Avenue at University Street Seattle,Washington 98101 • KENAI VALDEZ (206)628-4650 KETCHIKAN WRANGELL .a. - ., €NDING' OF FILE FILE TIME / aa -c ;• 0 A A ItiiiirAtinuit