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HomeMy WebLinkAboutLUA77-068/069/070 - HEX file pF Rfi t�� •�fir^ ' . THE; CITY OF RENTON `� '� 4 T' MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 • ct, CHARLES J. DELAURENTI MAYOR DE LORES A. MEAD e� >iti <s?� ) pp (o' • CITY CLERK rf0 SW-- fh February 9, 1978 • Comstock Realty 3016 Benson Road S. Renton, WA 98055 Attention: Mr. Patrick,T. Easter Re: Proposed Plat of Crestview Manor Gentlemen: Your letter requesting the City Council to refer proposed Crestview Manor plat back to the Hearing Examiner for reconsideration was received this date. Council action on appeal , filed by Marilyn Neu, on September 28, 1977 was finalized on November 21 , 1977 and is conclusive. Writ of Certiorari must have been filed with the Superior Court within twenty calendar days from date of the action. Since all time periods for appeal or reconsideration have expired, any further review would necessitate filing of a • new application with the Hearing Examiner. Yours very truly, CITY O,F RENTON thyme) a M-447Ad- Delores A. Mead City Clerk DAM:jt cc: Mayor Council President • Planning Hearing Examiner Finance Director tatVITO 3016 BENSON ROAD SOUTH^ 'I S RENTON, WASHINGTON 98055 TELEPHONE: BA 8-2050 February 9, 1978 �c�p111213���5� co Honorable Mayor Charles Delaurenti <- � � ocO 0,. ;:s)' Member of the Renton City Council G\ kcgt`5 ,{'t,�' Re: Proposed Plat of Crestview Manor Council Members: I hereby request the Council refer the proposed plat of Crest- view Manor back to the Hearing Examiner for reconsideration. I feel the statement made by the Examiner in his conclusions " "one lot will probably inevitably be sacrificed unless a totally new design is created" is in error. The fact is, at least two lots will be lost, reducing the total number from 10 to 8. This will, in my opinion, create an unreasonable hardship. 11 atrick T. Eas ; COMSTOCK REALTY P TE/hma . , . , .. • . • . •• . . . ,.. AY'., . '.•- . '-'.-:f ' .•,--12) • . ., . . . ,. - ,'; • ., . • • , . , ,.„. , . . • . , . • - , .. . . . . ..... .). .„..,.., . . . . . : . . ' . . . . . . . . . . . ' . . . . . . " . • . . . , . . ... . - • . . 'City Council , • . . CityOf Renten :- , , - . . . ' .. Municipal Building • . . REptori, Washington 98055 - ' . ' . . • . ,. .. ., •. . . . , . . ._ . . . RE : Appeal of the Hearing Examiner' s decision . . on the proposed CreStView ManOr #1 located on . . . Elaine Avenue Northeast between NE-1.4th Street • and NE. 12th Street. . . , . _ .. ., .Dear Sirs : • . . . -. .. _ . . . - , • At a recent hearing .held before the City of Renton hearing . . , -.- Examiner , a developer propospdHto 'develop -a preliminary„ plat by the name or Crestview:Manor.Al. .During this hearing, a number of items were discussed' including the poSsible_ .- - ' connection of Blaineo •Dayton and the construction of _ . .. . -curbs, gutters ,and 'sidewalks . After this hearing was i . . 'concluded, arid:the Hearing Examiner prepared his report, . . . . . . . .. we were that, as his condition of approval of,. . , • . • • p.1'at, that the develOper-be required to install a public •. . . . . . . „ . ., walkway between our homes ., . •. . . . , . . ' .. . , _ . . • . . _. . _ . . - , ' • - We consider this actionillegal since the easement between • . ' . Ur hOmeswaS.:.granted fOr. tha purpOse:of extending utilities . .:•-'., , ' • ':-: ' - : When'etr- homeS.were'bUilt :here 'a number of years ago, they :were certainly :net. bUilt: with the understanding that there . .. ,.. . . , - . •:. '. would be a comMon'.Walkway:-between otr,,hOtes 'to. allow the • . neighbOrhood 'to-the, north to invade out: privacy, which we _ ' - • regard very. highly.- rithisiwoUld ' hot,::only be a personal • , . • inConvenience::to 'uS ,' butit would be an, open ihvitation to . . . • . . . 'the -increasing. rate ofhoUSe. bUrglaries to vandalize and bUrglarize Out house in almoSt complete loriVacY. W6 feel , . . _ . • . ' . ..' . :that the establiShMent of...a sidewalk and''walkWay system . . _ . 'should be undertaken,'develOped,''and'adbpted in-a normal . . . ', public hearing process and should not be slipped. in as a . . . side condition in a Hearing Examiner: decision and recommendation., • .• . , - . - . .. .. . . . . .. ., . . . . , . . . , . Ne are aware that there is a: Utility ,eaement between our . „ . _ - _ ' . • ' homes for- the purpose of connecting sewer and water lines . . from •thisvacant property t00\ft :12th; Street,. . - Certainlv, it , „ . . - neet,-..= was the intention.70f-thiS -Utility easement, when ,-...- . . . 'granted,. to be :Used as ':a4ubli,C„,.walkWay:.- We consider the - - Hearing ExaMineris.-actionnot2ohlYhighly UnuSuaii but We -, ,. . .. .. consider it illegal, because we 'feel that this utility _ .. .easement can criIY: be used as autilitYeasemerit and not as common walkway a.. .' . . , . . . . , • . . - , .. . . , . , ,..., . •. ,.. .. . . NAME, '• - . . -• - - ' : ' - :_ ''. '.- .,.,- - ;.'. . ADDRESS . . ... . , . . . . . „ . „ . , . " , • . . .• .' '. Q ..i, ;--.) :„'C4,'....;;:it --te-4) '. ' .4,,,*.', / (...,-., -iVi.45. . : . . .. , . . . . . . . . .. , . . • , „ . . ,. . • . , 4a:\t111727 . 0 .C., � e OCt/o /927 //%,� - G-)yT c, J •�l.1,U.Q./ .. . -'' • C/17 ��/cptli/ /7sa/7Phfr-,n _ _ 1 t i' ,7 ?� ;2.10 P kir_ /& s- /;-� ,1,1 (L.47/ _A--,...,9 8 .1 r o cc.?/77L- /c, ./-7-7 /57A_;,..1.4,,,2 - /-/X4i- V/r U�6` ��� Ce-G 7-V//e(�� `2i',4, o d / . c-1 ` - /.�/ 7/ e G3/-7 /Xe, /9Kr. ,L1tc,tx. G /�i/-7 '� /77C At7/G&am_ (?2, / F7 / /1-!cif -9 / G'? Qr t'/-zd '��" / /'i ., e ��i�,'eY/r 77 /A 7�2i21` 12 (4, -V tt ,¢d7 c . c /,, /,_i 6, . ,YT P_7 /X^IP79 44-77 ;..S / X`/ �. 7y/ -1 /�S �/Z SE/-t- 4- /�/0_ 7 >— 4-1 _ -••e"G -/ S' /4 /. 4./ /lam/i?� !1 tt'/i" //� t /0 in , -/ ,/ �/.7c./ "77p / /63�-, ©:7-7 /77 /arr(--'1'-'1(. f)(ef �1-2 / ,F2/-6 ./7 ,( moo.• 1_0 /�P 1 ...7--- e:„6„i,4„.$) ,,i---/ Si,---;./7:i ek, /4g---/ /0 4-k-,>7 7,./ 7/f. .-is're- r, f i 67/V�7 --/ /.-// 0,7 72//�/f/ /?� 75 /f- t�/V // A.7 _ �`7 e'/%- / l0 c5,-: 6.f J`l.(1t-c if T%Z __ G/ ,/T/ce v'C- G� f7 E' 47-7-et"C�' / X7L Z-r?.f' -r '!'ir�/J/? -_ // /1 /-7 /. E' rD Z G S'/f T� 4..--7c-?e_ lie// ` ^S T i /<L" / /- I / / r /� / /-7 67 A rc�i Yt'!• /2 i �'/7 C ,/C) , /,"�rn' C..r.i—rd//Ci '/r' vim' 64, � Ale k' ci c�C V' / •S /2 7/orCk. -y ��-- ,. //-./2 Cr 4A.-+ I. S 44:9 1 //7F- cc) 117-- f0h/e___ ��. �/ 77 ' 5,= "7 >-2vi` ;Si � /a-�/ 6 % t"�1 iX Ell"u /...s tk' ' l 7S 1.;-- e-_ %J E='�.Cie? /? 4CJC4�4. /ictL, r,.'2,) _1---Celi-i-.7 ii"-e -ece, --')7-/ e X ,S7/0,6 GeipiVc C),,, -(4',:',----,„.. , nn d 4-ff fe3r 1 7 2 J- ..--2, X 6'.5 -5 if),64-, pz."7'1/r 7/ V/2', '.5._,- /ir.-e6apk) 1, / ss ta..6 (0'e_cP . ' . , ,,!,_,., I\ _ern./1-1V,,d... tez.i.„.6„. , ,, , ,154_. , L____\ 2_2_0_5_1o, r 4.1 -„,-/7 ,---1 e 4 , . .„z__ \ . -, i--r- i/ r„ GOUGE, MCBETH & FAULL ATTORNEYS AT LAW H. DONALD GOUGE P. O. BOX 26 ROBERT E.McBETH 505-8 SOUTH THIRD STREET GARY F. FAULL RENTO.N,WASHINGTON 98055 ALPINE 5-5600 October 10 , 1977 The Honorable Charles J. Delaurenti, Mayor Members of the Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 RE: Crestview Manor No. 1--Preliminary Plat Application. Appeal from Hearing Examiner' s Recommendation File NO. PP-068-77 , E-069-77 & W-070-77 Dear Mayor Delaurenti . & Members of the Renton City Council: My office represents Mr. Patrick T. Easter and ERADCO, Inc. , and I have been asked to assist them in processing the above referenced preliminary plat application. On September 15 , 1977 , Mr. L. Rick Beeler, Hearing Examiner, transmitted his formal recommendations regarding this application to the Renton City Council for further action. In that recommendation, Mr. Beeler recommended that the preliminary plat be approved subject to the following: ' . 1. Modification :to Lot 4 to comply with the required minimum of 7.200 . square feet of area. 2. 'Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 3. nclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E . 12th Street. 4. Board of Public Works action regarding the Deferral of Off-Site Improvements . That order provided that the appeal period would expire on September 29 , 1977.. Being satisfied with this ruling, we filed no appeal. On September 30 , 1977 , Mr. Beeler forwarded a letter to the Renton City Council "clarifying" the issues and "correcting" a misunderstanding that may have occurred. In that letter, Mr. Beeler suggests that he had .intended ' to require a through-street from Blaine Avenue N.E. to Dayton Avenue N.E. ' In our opinion, ' ' 41011 : . . . . .- . such a change in-the Ekartiner' s recommendation would completely change the, recommendation ,he is making .to the City Council . If • that change is allowed,, we ' respectfuily wish to appeal that .recommendation anid .ask that the City Council review the entire . matter and make such decision as they feel appropriate . Since the Examiner' s letter essentially changes the recommendation he • ' is making ' to the City Council4 we feel that we should be allcwed to file an appeal within' fourteen (14) days from. that letter. This letter. is. therefore intended to notify the City Council . that we do respectfully appeal. from the decision of the Hearing • Examiner which has apparently been rendered in this matter. We base this appeal" en the ' following: • 1. Walkway. We feel that the requirement that We install a waway within the .15-fbot utility easement to be beyond our legal capability. That easement was established as a utility easement, not a walkway, and Cannot be changed in character without the property Owner' s consent. It is our understanding that such . consent will not be forthcoming. To impose such a requirement upon us as ,a Condition' of approval goes • beyond the power to the City to require. We would ask that this requirement be deleted in its entirety. 2. Damson avenue; Connection:_ We 'likewise object • to the requirement that .the plat be revised to include a connection between Blaine 'Avenue NA. and. Dayton Avenue NE . . • A 500 foot aul de - Sac' is' het .realistic in this area , but an extension from Elaineto Dayton is not realistic either. . . 'We feel that a much more desireable neighborhood would be created by an extension of the 'cul de sac on Blaine rather . . than making.' an extension onto Dayton.: The property owners on- Dayton are opposed to this requirement and we support their objection in that regard'.' There are several other .cul-de--sac Streets' that 'exceed the 500 foot Maximum in such development as' Victoria Park, Aloha Ranck, and Parkwood Homes . We feel that no' sub.stantial problems would be created ' if the- same allowance is made it this case. . We would also advise the City Council that we will withdraw our request for 'a waiver or 'derreral of off-site " improvements . Since it is now apparent that -the Hearing Examiner cannot rule on our . . request for a waiver of this -requirement',. we feel that it was 'improper to submit the question. to him in the _ first instance. ' We should have been. notified of this In advance, and. therefore, request a refund of ".the $10.0.'00' fee that was paid as part of this ' original application: . We would certainly. appreciate an .opportunity to present our - . side of this controversy t o- t he City Council and appreciate being . .. .. notified "of any meetings held:to " consider this matter further_ . . , 4 Ve ruly ou" s , P'/ C 9 0- - ROBERT 'E MCBETH 1 f." � �nbtufpVV91Y• 9 41P128,, f SEP i977 Y\1 (�} CtERa Rtl�t�},r ° 1 September 28, 1977 oFFEcE City Council City of Renton Municipal Building 200 Mill Ave. So. Renton, Washington 98055 Re: Appeal of the Hearing Examiner's decision on the proposed Crestview Manor #1 located on Blaine Ave. N.E. between N.E. 14th St. and N.E. 12th St. We, the residents and property owners of Blaine Ave. N.E. between N.E. 16th St. and N.E. 12th St. request a review of 'the same. We ask • consideration. of the following: 1. In a letter dated August 18, 1977 to Mike Smith the fire department recommended that 'the proposed extension of Blaine • Ave. N.E. be routed east 100 feet to .connect up with Dayton Ave. N.E, , N.E,. '12th.'or-N .E. 16th". • 2. The Public Works Department in an August 16, 1977 memo stated that "the waiver of off-site improvements may set a damaging precedent for future developments of this size" . 3. In a letter to Patrick Easter from the Planning Dept. dated April 6, 1977 it was stated that "this department 'r.ecommends that the proposed street be connected to the existing Dayton Ave. N.E. which abuts the approximate middle of the east line of the subject site" . 4. . In a memorandum from Del Bennett to Mike Smith dated. August 26, 1977 it was stated that "we do not recommend a waiver of off- site improvements" . • 5. In an interoffice correspondence from Don Monaghan to Mike Smith, dated August 17, 1977 it was stated that "it is not recommended that a waiver or deferral for off-site improvements be granted" . 6. In the Hearing Examiner's report,dated Sept. 15, 1977, under con- elusion item #3 it was stated that the "connection of the two streets, Blaine Ave. N.E. and Dayton Ave. N.E., would be in the - - best interests of health, safety and welfare of the neighborhood and community" and " in any event the connection of the two streets is appropriate at this time" . • City Council ' City of Renton Municipal Building 200 Mill Ave. So, Renton, Washington 98055 September 28, 1977 Page 2 Re: Appeal of the Hearing Examiner's decision on the proposed _ Crestview Manor #1 located on Blaine Ave. N.E. between N.E. 14th St. and N.E. 12th St. 7. The proposed addition would exceed the 500' cul-de-sac subdivison ordinance. 8. There are four subdiA isions in the immediate area that were not • allowed any waivers of off-site improvements. Camas Ave. N.E. north of N.E. 16th'St, Blaine Ave. N.E. north of N.E. 16th St, Dayton Ave. N.E. north of N.E. 12th St, Monterey Court N.E. north of N.E. 16th St. In conclusion: We, as residents and property owners, desire the subdivision to be developed in accordance with all ordinances and regulations governing an area of this size with no exceptions or exemptions. We do object to a waiver of off-site improvements and urge that improvements be • built at the time of home construction. We strongly object town increase of fire and traffic hazards that would be a result of a waiver of 500 ft. cul-de-sac ordinance. We urge that Blaine Ave. N.E. and ' Dayton Ave. N.E. be joined at this time and implementation be completed at the time of site development. 7719r 6 / .4-/ 1 (?—eiTriT-g 10A, -gs ''sroW7)-10.fri ( 141, fvr3:71Z, , ---)° 1r14'7V (17ri12-16-7v4 _._54/ p • ee'71.14 , X -Irrv72 001-, PA/ r-dtri?j,-.??1-722 / 91/7 661°W •-r),(72 9 2" r?"-"'"•177e 40h7 • ' er0 -r7-7"11 '""1:01 v17'47 Iv .vyg 'Dv/Ae Yid , OF R�1? h. �:::.: ; THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 r z''f 'f_y, °0' CHARLES J. DELAURENTI , MAYOR DELORES A. MEAD (� CITY CLERK 4TE� SEPl-�� ucLober. 3 , i977 • Re : Appeal. of Examiner ' s Recommendation regarding Preliminary Plat Application of Crestview Manor • No . 1 , File No . PP-068-77 , E-069-77 , W-070-77 To Parties of Record. Appeal of Hearing Examiner's decision , regarding the above- referenced Preliminary Plat application , has been filed with this office . NOTICE IS HEREBY GIVEN , t 3 all parties of record, that Appeal will be considered by the Renton City Council at. � t .. regular meeting of October, 10, i9,77 af. 8 : 00 P . M . in f,he Council Chambers , Second t"loor, Renton Muni.cipa1. 200 Mill Avenue South . Yours very truly , CITY OF RENTON //4 /7 f Delores A. Mead City Clerk • I)AM: me Enc. ileari ng Exarii her' s letter of 0/0,777 • cc: Finance Directcr • Nayor• Ci t v'nli,tV City Council t,;^I-,bers Pi..inn :nn Dumrtmen:, PARTIES OF RECORD/ERADCO, Inc. Crestview Manor #1, PP-068-77, E-069-77, W-070-77 , Clinton Morgan ' ' Marilyn Neu Traffic Engineering Division • 1409 Blaine Avenue N.E. City of Renton Renton, WA 98055 Patrick Easter Margaret Blanchard 3016. Benson Road " ' ' - , . 1401 Blaine Avenue N.E. ' , . Renton, WA ' 98055 , - , . Renton, WA 98055 Gary Masterjohn '' Sue Tasca . 1211 East Seattle ,Street ' . 1425 Blaine Avenue N.E. . Kent, WA '98031 ` ' ' - - Renton, .WA ' 98055 . . ' Bob Jones . Kenneth Reinecke 130.8 Dayton Avenue N.E. - .• 1400 Blaine Avenue N.E. ' • Renton, WA 98055 . • . • . ' • , , - Renton, ,WA 98055 Adrian Sheely .' . ' . - - Marie' Maresh , 1312 Dayton Avenue N.E. 1417 Blaine Avenue N.E. . Renton, WA 98055 • , . • , Renton, WA 98055 • Wayne Wicks . , 1323 Dayton Avenue N.E: • Renton, WA 98055 .... . . . '. ti , • s .. 41 -L4u ttY o THE CITY OF RENTON c) ar t,. ' 2 MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 Z o CHARLES J. DELAURENTI , MAYOR • LAND USE. HEARING EXAMINER ,o O L. RICK BEELER . 235-2593 �4h. SEP1- <4, September 30, 1977 Members, Renton. City Council Renton, Washington RE: Appeal of Examiner's Recommendation regarding Preliminary Plat Application of Crestview Manor No. 1, File No. PP-068-77, E-069-77, & W-070-77. Dear Council Members: On September 28, 1977 an appeal was filed with the City Clerk regarding the Examiner's recommendation, dated September 15, 1977, on the referenced preliminary plat application. The purpose of this memorandum is to clarify the issues and correct a misunderstanding that may have occurred. The appeal letter, dated September 28, 1977, essentially contains two issues: 1. Provision of a physical connection from Blaine Avenue N.E. to Dayton Avenue N.E. ; and 2. Installation of off-site improvements. The first issue may be confused by an inadvertent error in the recommendation whereby two conditions required provision for a future roadway connection to Blaine Avenue N.E. The intent of the recommendation was to provide a connection to Dayton Avenue N.E. This may have confused the appellants by suggesting that no such connection from Blaine Avenue N.E. to Dayton Avenue N.E. would be provided, when in actuality, it was the Examiner's intent that the plat be redesigned to specifically provide for this future connection. With regard to the second issue, the recommendation was specifically conditioned upon review and action by the Board of Public Works regarding installation of off-site improvements. It was the conclusion that the board, not the Examiner, by ordinance should review this request. Since the appeal period recently expired on September 29, 1977, the board would not review the case until later. The board has not yet acted. Attached for your review is the Examiner's recommendation and the letter of appeal. If you require additional information regarding this matter, please do not hesitate to call. Sincerely, RECEIVER - L. Ri. Beeler Hearing Examiner $EP 3 0 1977 cc: Gordon Y. Ericksen', Planning Director Del Mead, City Clerk CITY COUNCIL RENTON, WA Attachment �l dvo 2ctc.�:rc. GbvC. y[ .cil /boy d/�,�� ��� �E `3 3 3 13 Cie. N• . 27(4.0)az / 1/7 f'.. c•,r.4'� c.e•tQe. /� / •1OO Gt4.)-4— ' , • -1' (, ,14.0 `94 ,06,2 //In/ (?h"; 61;) • 9441_<-12e,1„. ge-/-1-4-P1-) 43.76.14.1 /4 cx•zd 7� /6 a/ 1. 4 , � /hid/ e4 , Gam - - .. • RECEIVED CITY OF RENTON �, �� ?r1�9 NEARING EXAMINER • q'..t. / ?��! Aid S E P 2 1971 QM n SEP 1977 7,8,91 ,11,12,1 I2,3,4,51ti • RECE!'�r CO ' can Ct fRAsf?E/t'i�rI "rv%OFFicE September 28, 1977 v�E /, 1 City Council City of Menton Municipal Building 200 Mill Ave. So. Renton, Washington 98055 ee • Re: Appeal of the Hearing Examiner's decision on the proposed Crestview Manor 41 located on Blaine Ave. N..E. between N.E. 14th St. .and N.E. 12th St. • We, the residents and property owners of Blaine Ave. N .E. between NE. 16th St. and N.E. 12th St. request a review of the` sane. We ask .:,eeeidcration of the following: 1. In a letter dated A.:gust 18, 1977 to Mike Smith the fire department recommended that "the proposed extension of Blaine Ave. N .E. be routed east 100 feet to connect up with Dayton Ave. N .E. , N.E. 12th or N .E. 16th". 2. The Public Works Department in an August 16, 1977 memo staled tot-"the waiver of off-site improvements may set a damaging precedent for future developments of this size" . In a letter to Patrick' Easter from the Planning Dept„ dated • April 6, 1977' it was stated that "this department recommends that the proposed street be connected to the existing Dayton Ave. N.E. which abuts the approximate middle of the east line of the subject site" : 4. . In a memorandum from Del Bennett to Mike Smith dated August 26, • 1.977 it was stated that "we do not recommend a waiver of off- • site improvements". `.. In an interoffice correspondence from Don Monaghan to Mike Smith, dated August 17, 1977 it was stated that "it is not recommended that a waiver or deferral for off-site improvements be granted" . 6. In the Hearing Examiner's report,dated Sept. 15, 1977, under con- clusion item •; 3 it was stated that the "connection of the two streets, Blaine Ave. N .E. and Dayton Ave. N.E., would be in the best interests of health, safety and welfare of the neighborhood and community" and " in any event the connection pf the two streets is appropriate at this tithe". 0 • • Cr:unci.l City of Renton Mean i c'pa1 Building 20P "!IL.111 Ave. So. Renton, Wash in ;ton 98055 SepteTli --•r 28, 191? Page 2 Re: Appeal of the Hearing Examiner's decision on the proposed Crestview Manor 1#1 located on Blaine Ave. N.E. between N.E. 14th St. and N.B. 12th St. • 7. The proposed addition would exceed the 500' cul-de-sac subdivison ordinance. 8. There are four subd.il. ision.s in the immediate area that were not allowed any waiver:. of off-site improvements: Camas Ayr . N .E. north of N.E. 16th St. Blaine Ave. N.E. north of N .E. 16th. St. Dayton Ave. N .E. north of N.E. 12th St. Monterey Court N .E. north of N .E. 16th St. In nonclusiOn: • We, as residents and property owners, desire the subdivision to to developed in accordance with all ordinances and regulations governing an area of this size with no exceptions or exemptions. We do object ri to a waiver of off-site improvements and urge that improvements be built at the time of home construction. We strongly object to an increase Of fire and traffic hazards that would be a. result of a waiver of 500 ft. cul-de-sac ordinance. We urge that Blaine Ave. N.E. and . Dayton Ave. N.E. be joined at this time and implementation be completed at the time of site development. September 15, 1977 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL, APPLICANT: ERADCO, Incorporated: FILE NO. PP-068-77 Patrick Easter, President E-069-77 W-070-77 LOCATION: Blaine Avenue N.E. Between N.E. 14th Street and N.E. 12th Street SUMMARY OF REQUEST: Applicant requests preliminary plat approval of a proposed ten- lot single family residence subdivision, together with an exception from the ordinance requirement for a maximum cul-de- sac length of 500 feet (proposed cul-de-sac approximately 880 feet in length) and approval of a waiver of the off-site improvement requirements of the subdivision regulations, (i.e. , curbs, gutters, and sidewalks) . SUMMARY OF Planning Department: Approval subject to conditions RECOMMENDATION: Hearing Examiner: Approval subject to conditions PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on August 30, 1977. 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 September 6, 1977 at 1:30 p.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: Assessor's Map Exhibit #3: Plat Map • Exhibit #4: Memoranda dated August 10, 1977 and August 15, 1977 from Patrick Easter to City of Renton Exhibit #5: Memorandum dated April 5, 1977 from Michael Smith to Files Mr. Smith read Exhibit #4 and #5 into the record. Exhibit #5 reported a meeting with the City Attorney at which he expressed a legal opinion that Blaine Avenue N.E. could be considered a public right-of-way for access purposes because of lengthy prior use and provision by the city for street lighting and other services. The Examiner questioned Mr. Smith regarding Exhibit #4 which detailed requests for waiver of off-site improvements and exception to the Subdivision Ordinance for cul-de- sac length. Mr. Smith indicated that Blaine Avenue N.E. was built to county standards and is an asphalt paved 24-foot wide roadway which contains no improvements of curbs, gutters and sidewalks. The Examiner requested Mr. Smith to contact a representative from the Traffic Engineering Division to provide expert testimony regarding traffic circulation in the vicinity of the site. Representing the division was: Clinton Morgan Traffic Engineering Division City of Renton • PP-068-77 Page Two E-069-77 w-070-77 • The Examiner asked for clarification of the. division's response regarding the proposal of a cul-de-sac on Blaine Avenue N.E. Mr. Morgan reported that the proposed plan was acceptable provided utility improvements were installed: The Examiner asked for Mr. Morgan's expert opinion regarding impact of connecting Dayton Avenue N.E. and' Blaine Avenue N.E. to provide access to the proposed plat. Mr: Morgan felt that the connection would be desirable but because of minimal traffic in the area and condition of the streets the developer's plan was adequate and acceptable. He also indicated that although the connection would aid residents in the area, existing collector streets, Aberdeen Avenue N.E. and Edmonds Avenue N.E., would carry the major flow of traffic. The Examiner inquired if the proposed cross section of Blaine Avenue N.E. is adequate for a dedicated public street. Mr. Morgan reported that the cross section meets requirements of the Subdivision Ordinance. Mr. Smith clarified ordinance requirements and stated that a profile cross section must be submitted and subject to Public Works Department. approval, He indicated that a decision on the request for waiver would determine the design of the street profile. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: Patrick Easter • 3016 Benson Road Renton, WA 98055 Mr. Easter reported that he did not concur with the exhibit and outlined his objections to the Examiner. He emphasized his request for an extended cul-de-sac rather than the Planning Department recommendation for connection of Blaine Avenue N.E. and Dayton Avenue N.E. citing testimony from Traffic Engineering Division and objections of a property owner residing west of the proposed plat. He also stated that,development of a cul-de-sac on Blaine Avenue N.E. would provide a turnaround for fire vehicles which presently does not exist. Mr. Easter stated that sanitary sewer and water lines . would be installed from N.E. 12th Street to the northern boundary of the proposed plat along with installation of a fire hydrant at that boundary. He concurred with installation of curbs, gutters and sidewalks in the form of restrictive covenants at such time as residents formed a local improvement district in the area. He indicated that an amendment would be made to Lot 4 to meet minimum lot size requirements and all cross section and drainage plans would be submitted to various city departments for review. The Examiner asked Mr. Easter if a 15-foot easement connecting to N.E. 12th Street would be utilized for a walkway or for utility purposes only. The applicant reported that the easement would be used for utilities only. The Examiner asked for testimony in support of the application. Responding was: • Gary Masterjohn 1211 East Seattle Street Kent, WA 98031 • Mr. Masterjohn reported being .a real estate agent representing the builder, J & W Construction Company, and .noted that purchase of the property was contingent upon approval of the preliminary. plat. He indicated that homes built in the plat-would be of high quality and would be an asset to the existing neighborhood. He submitted a petition of 14 names of residents on Dayton Avenue N.E. protesting a connection between Dayton Avenue N.E. and Blaine Avenue N.E. because of increase of through traffic in the neighborhood. Mr. Masterjohn also indicated that a cul-de-sac concept was desirable to maintain continuity in the neighborhood and create a desirable environment for the sale of new homes. The petition was labeled Exhibit #6. Responding was: • Bob Jones 1308 Dayton Avenue N.E. Renton, WA 98055 • Mr. Jones indicated his concurrence in the application with the exception of granting a waiver for off-site improvements. He objected to a connection of Dayton and Blaine because of additional traffic and expressed a concern for access to 18 acres of undeveloped property located between Edmonds Avenue N.E. and Blaine Avenue N.E. and utilizing Dayton Avenue N.E. for access. PP-068-77 Page ThrL4 E-069-77 W-070-77 Responding was: Adriane Sheely 1312 Dayton Avenue N.E. Renton, WA 98055 Mr. Sheely expressed an objection to, a connection of Dayton and Blaine because of sharp grade from,Edmonds to Dayton and limited visibility on the corner causing potential traffic hazard to motorists. Responding was: Wayne Wicks 1323 Dayton Avenue N.E. Renton, WA 98055 Mr. Wicks objected to a connection of Dayton and Blaine but favored installation of improvements as part of the proposed development. He noted that sidewalks exist on Blaine Avenue N.E. to the north past N.E. 16th Street. The Examiner asked for testimony in opposition to the application. Responding was: Marilyn Neu 1409 Blaine Avenue N.E. Renton, WA 98055 Mrs. Neu presented a petition containing 22 signatures which outlined seven points of concern by residents on Blaine Avenue N.E. including narrow condition of roadway, limited visibility at dead-end portion, lack of turnaround space, and possible damage . by construction trucks. The petition also supported a connection between Blaine and Dayton; installation of curbs, gutters and sidewalks; and construction of homes of comparable value to existing homes in the neighborhood. The Examiner questioned Mr. Morgan regarding assumption of liability for possible street damage by construction vehicles. Mr. Morgan indicated that he would research the matter and make a report later in the hearing. Responding was: Margaret Blanchard 1401 Blaine Avenue N.E. Renton, WA 98055 Mrs. Blanchard asked that the city study the possibility of requiring the contractor to update Blaine Avenue N.E. to city standards if it were designated the main access to the proposed development. The Examiner asked the applicant to estimate the cost of updating 500 feet of a paved 24-foot wide roadway to city standards. Mr. Easter reported that an approximate figure of $70,000 would be required to install curbs, gutters and sidewalks and felt it was an unreasonable request to require a landowner to improve an already substandard street. He also noted that visibility would not be further limited on Blaine as a result of the development because of a 36-foot street width which would allow for parked cars to be out of the sight line of the existing right of way. Safety of children would not be affected by speeding vehicles because of the cul-de-sac concept, he stated, and construction trucks would be rubber-tired and not heavy construction equipment. The contractor would be responsible for cleaning and repairing the street, he noted. Mr. Wicks requested the applicant to install improvements at the present time. Mr. Easter responded that because of the financial impact, installation of improvements was not feasible and indicated his willingness to sign restrictive covenants to participate in a local improvement district at such time as the neighborhood desired installation of improvements. Mr. Sheely objected to reducing the width of Blaine Avenue N.E. from• 50 feet to 36 feet. Mr. Easter explained that the 14-foot easement remained undeveloped for future city street development if the residents so desired. PP-068-77 Page Four E-069-77 W-070-77 Responding was: Sue Tasca 1425 Blaine Avenue N.E. Renton, WA 98055 Mrs. Tasca inquired about procedures for formation of a local improvement district and objected to utilizing a private roadway for access to the new development. The Examiner explained percentage procedure for formation of an LID and Mr. Easter referred to Exhibit #5 which reports a legal opinion by the City Attorney regarding the subject roadway. Discussion ensued regarding alternatives for access including utilizing Dayton Avenue N.E. for an extended cul-de-sac or connecting Blaine Avenue N.E. and Dayton Avenue N.E. Mrs. Tasca indicated her preference for either alternative rather than extending a cul-de-sac on Blaine Avenue N.E. Mr. Clinton Morgan reported that since the developer is bonded to the city by ordinance he is responsible for all damage to city streets caused by construction equipment and is required to make necessary repairs. The Examiner asked Mr. Morgan if traffic circulation studies for future single family subdivisions were made for the undeveloped area between Blaine Avenue N.E. and Edmonds Avenue N.E. during the Public Works Department review of the application. , Mr. Morgan stated that the division had not projected future use of additional property in its review and felt that suitable access could be gained at the time of future development. Mr. Sheely asked Mr. Morgan where traffic would channel if property east of Blaine Avenue N.E. were developed and access provided to Dayton Avenue N.E. Mr. Morgan reported that traffic would channel out onto N.E. 12th Street. Mr. Jones stated that because of the proximity of freeways, shopping centers and the Boeing complex, traffic would channel through Dayton Avenue N.E. to N.E. 12th Street if a connection between the two streets were made and expressed strong objection to such a proposal. The Examiner asked for further testimony. Responding was: Kenneth Reinecke 1400 Blaine Avenue N.E. Renton, WA 98055 Mr. Reinecke objected to a cul-de-sac on Blaine Avenue N.E. because of narrow width of existing roadway and access for fire vehicles. Responding was: Marie Maresh 1417 Blaine Avenue N.E. Renton, WA 98055 Mrs. Maresh recalled dedication of a six-foot strip of property at the end of Blaine to prevent an extension of the roadway. Since the strip could not be identified on the King County Assessor's Map, the Examiner asked Mr. Smith to research the matter with the Engineering Division. Mr. Smith reported back that the Engineering Division did not have a record of a six-foot strip of property. Mr. Easter recalled that the strip had originally been shown as a buffer zone but had not been formally recorded and had since been removed from the map at the time of annexation of the area. Mrs. Tasca reported that when applying for a building permit in 1968 reference had been made by the Building Division to the 6-foot strip. The Examiner asked for further testimony. Since there was none, the Examiner reported that he would close the public hearing to further public input, but wished to maintain the option to reopen the hearing should questions arise regarding dedication of the six-foot buffer strip when the matter was researched with city departments and the attorney. The applicant testified that he had no objection to the procedure. The hearing was subsequently closed at 3:25 p.m. PP-068-77 Page Five E-069-77 W-070-77 FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of the Preliminary Plat of Crest View Manor No. 1 consisting of ten single family lots, an Exception from Chapter 11 to allow an approximate 880 foot cul-de-sac, and a Waiver of off-site. improvements. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , 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 by the impact of this development. 5. All existing utilities are available from Dayton Avenue N.E. and N.E. 16th Street. 6. The proposal is compatible with the required lot coverage requirements of Section 4-706 of the Code with the exception of Lot 4 which the applicant indicated would be modified to conform. 7. Blaine Avenue N.E. is a cul-de-sac of approximately 580 feet in length which was part of a subdivision approved by King County prior to annexation to Renton. Testimony from the Planning Department in Exhibit #5 indicated that the street is a public street per counsel of the City Attorney. This street is not developed to the off-site improvement standards of Chapter 11. 8. Dayton Avenue N.E. is a cul-de-sac of approximately 750 feet in length of which the western portion is only 25 feet in width and about 350 feet in length. This plat is improved to city standards except the western portion. 9. The central issue in the application was whether Blaine Avenue N.E. and Dayton Avenue N.E. should be connected as recommended in the staff report. Residents abutting Dayton Avenue N.E. were overwhelmingly in opposition to this through connection. No other points of access to the property were presented. The Traffic Engineering Division of the Public Works Department testified that both the proposed cul-de-sac and through connection were acceptable. The latter was expressed as a "desirable" access. Connecting the two streets would necessitate reducing the proposal by one lot. 10. A 15-foot utility easement connects the preliminary plat to N.E. 12th Street and is intended to be used exclusively for utilities. 11. Waiver of off-site improvements is a process available under the short plat process (Section 9-1105) . This application is for a preliminary plat and, therefore, this type of request more appropriately falls under the Deferred Improvements procedure of Section 9-1106.3.H. (b) and 9-1108.21. Per the procedure of Section 9-1108.21, the Board of Public Works is to act upon requests for deferred improvements. 12. Section 9-1108.7.K requires that cul-de-sacs be no longer than 500 feet in length. Such a requirement may be deviated from through the procedure of Section 9-1109, Exceptions, The Examiner must conclude the following: A. That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use or development of his land; B. That the exception is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances; C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 1 PP-068-77 Page Six E-069-77 W-070-77 13. Reference was made in the public hearing to a 6-foot strip of land or easement at the end of Blaine Avenue N.E. which would potentially prevent the use of this street or access to the proposal. In the attached memorandum from the Public Works Department, dated September 12, 1977, the City has no records of this parcel of land. No concrete evidence was entered into the record to substantiate the existence of the parcel. 14. Sufficient opportunities exist for access for the remaining undeveloped areas in the block between Blaine Avenue N.E. , N.E. 16th Street, Edmonds Avenue N.E. and N.E. 14th Street. CONCLUSIONS: 1. The proposed subdivision conforms to the goals and objectives of the Comprehensive Plan and the Land Use Report. 2. Relief from the required off-site improvements can be sought from the Board of Public Works per Section 9-1106.3.H. (b) and 9-1108-21. The applicant expressed the willingness to covenant future property owners of the plat to participate in an L.I.D. with the existing property owners north of the plat. While the Board of Public Works must determine whether or not to grant the deferral, it seems appropriate to comment briefly upon the basic request. The purpose of the deferral is to defer ". . .certain off-site improvements'. . . " for a maximum of two years (Section 9-1108.21) based upon justifiable reasons and upon submittal of 'a specified performance bond. No testimony was entered into the record stating the reason for the basic request other than economic relief. 3. Options for access to the property exist which is often not the case in proposed extensions of cul-de-sacs. This property can form the end of the long cul-de-sacs of either Blaine Avenue N.E. or Dayton Avenue N.E. , thereby creating cul-de-sacs in excess of the 500 foot limit. But the option exists within the proposal to connect the two cul-de-sacs, thereby creating a through street and precluding nonconforming cul-de-sacs. • Although the western portion of Dayton Avenue N.E. is only a half-street, for all purposes of consideration it can be concluded that either only single family homes will completely develop along the street (including dedication to a full street) or access to the property north possibly will connect to Dayton forming a through connection to N.E. 16th Street. It ,seems implicit in the Chapter 11 (Subdivision Ordinance) limitation of a 500- foot cul-de-sac (Section 9-1108.7.K) that the limit should be applied if reasonable through access is available to the property to obviate the need for an Exception (Section 9-1109) . Unless through access cannot reasonably/feasibly be provided, the Exception may be necessary in order to develop the property. The subject property possesses the potential for through access but the connection to Blaine Avenue N.E. appears to be in the future pending subdivision of the adjacent undeveloped property. Provision for the connection can be incorporated into this plat in any event. Since the provisions of through access to connect N.E. 12th Street and N.E. 16th Street can be made in this proposal without unreasonable hardship or impact upon the applicant, to do so would be in the best interest of the health, safety and welfare of the neighborhood and community. This appears in conformance with good traffic planning and land use planning principles including a comprehensive viewpoint of ultimate development of the neighborhood.. At some time the undeveloped property will be subdivided, and the through access will become more important in the review of the proposed designs. The connection of,Blaine Avenue N.E. and ' Dayton Avenue N.E. potentially will become access to these properties; however, the equal likelihood exists that the undeveloped property north of Blaine Avenue N.E. may access via cul-de-sacs or loop roads to N.E. 16th Street. In any event, the connection of the two streets is appropriate at this time. 4. Provision for the connection through the plat will necessitate redesign of at least the eastern half of the site plan. One lot will probably inevitably be sacrificed unless a totally new design is created. The off-site improvements will necessarily be expanded to include the connection. PP-068-77 Page Seven E-069-77 W-070-77 5. The Exception should be disapproved on a permanent basis but allowed on a temporary basis due to the connection to Dayton Avenue N.E. being opened at some time in the future. Until the opening, Blaine Avenue N.E. will for all purposes be a nonconforming cul-de-sac. Requiring the applicant to completely implement the connection is unreasonable (Section 9-1109.A) since completion depends on future actions of other property owners and an easement offer has already been refused. Temporary use of the nonconforming cul-de-sac is necessary to permit development of the plat until the connection is opened (Section 9-1109.B) . For the indefinite period until the connection is made, the lengthy cul-de-sac will not be detrimental to the surrounding affected properties (Section 9-1109.C) . 6. The 15-foot utility easement is proposed to be exclusively used for utilities. Because of the nearby location of McKnight Middle School along N.E. 12th Street it appears appropriate that the easement also include a pedestrian walkway to connect Blaine Avenue N.E. to N.E. 12th Street. This walkway would help mitigate pedestrian impacts from the long cul-de-sac and lack of a through connection to N.E. 12th Street. RECOMMENDATION: Based upon the record, testimony and evidence submitted at the public hearing and the thereafter submitted attached memorandum, it is recommended that the City Council approve the preliminary plat of Crestview Manor No. 1 subject to the following: 1. Modification to Lot 4 to comply with the required minimum of 7200 square feet of area. 2. Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 3. Inclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E. 12th Street. 4. Board of Public Works action regarding the Deferral of Off-Site Improvements. It is further recommended that the request for Exception from Section 9-1108.7.K be approved subject to: 1. Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 2. Inclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E. 12th Street. ORDERED THIS 15th day of September, 1977. L. Rick Beeler Land Use Hearing Examiner TRANSMITTED THIS 15th day of September, 1977 by Affidavit of Mailing to the parties of record: Clinton Morgan Patrick Easter Gary Masterjohn Bob Jones Adriane Sheely Wayne Wicks Marilyn Neu Margaret Blanchard Sue Tasca Kenneth Reinecke Marie Maresh PP-068-77 Page Eight • E-069-77 W-070-77 TRANSMITTED THIS 15th day of September, 1977 to the following: Mayor Charles J. Delaurenti Council President George J. Perry Councilman Richard M. Stredicke Warren C. .Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Gerard M. Shellan•, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before September 29, 1977. 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. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, 'or same may be purchased at cost in said office. MEMORANDUM • DATE: September 12,. 1977 TO: Rick Beeler, Hearing Examiner FROM: . Clint Morgan, Traffic Engineering SUBJECT: Blaine Ave. NE - Tract 231 An examination of the Deeds $ Easements file for Hillman's Lake Washington Garden of Eden No. 4 does not make reference to an alleged 6 foot easement at the south end of the tract 231. l T•7�//7 L- l [C='fir t'�� CEM:ad File Reference: OPR - 3.1 Deeds £, Easements Hillman's Garden of Eden Tract 231 - R. Peterson RECEIVED CITY OF RENTON HEARING EXAMINER I= 11971 AM PM 71 19110,11,I2111213►4154 _, .. . r 1 1 L D Lr-1_1--j e---LI_______Ju L.____-___ _ J 1 L•--.-2--J NE g•pi r-, ___ ii riz 0 ii) BfxP-2 i ria ,51 . et 1111 :a o 0 oN 0 0 1_3 4L111111114 lil ON - ..rt. 'a Mf E4 II . 1 00 43 a 00 0 u Jiii Bis 123 4 0 C3 0 EE) i iig B•• rimi HO - '',''',, :.%!!',?%% Z,' U• iiii 0 v,/L:pf•-•, .:, i IsilD Psu ca 1 ,....) i "% ''',;',";:;1•"f/i. D ® »8 11111111111- - , /747o , //' 0 is43 a a . 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R 3' ' i ,ir, • ' ''''. • :--; - k J • ,.' •1 si - 7.1":",...., ..-,- ,,,,,, ., ---• ., m fl),7•411 i, 1 1. -F ..: .• 0 . .3 7. — ",1 .2 • R-3 - . .11:••• .. • - ?•/•,,..- • . 7 .....1., ' ''.'i 7 . .. . • ye!, E -r-f•.`•-- 1..rt..jg.. .4.4,• . .1.1 i ,,i 1/ - . 1 . :1 .....;:,......r.V.I.4..i., .F ., 1; . e s''' ".:- F.4 1,-. I"''':1.'2-- . ' . ' Mt', 1:.• 7,,,'\' • •• . , ' . ••;,•::?....,....ylli 114 .1-11 All.• •! • . . • . " ... ,* ; , .7. ‘ . \ -41,\. BA , .• :...,:.;,:,.....• :: :iv:::!;: - 4 .•- .)i 1 4 I t. ''. \ " :! : . : :;f.l'r: 1 - .'1:::!:: :: '•\ ., V •4'. • 4.1.:'..'1 '.1.d i:/..h....3.. s :iftiii.1 ..•-.-.. s, : .\ , '..11'. ir.1,......11.."i•'.... t 1•41..:1•.:. liS .. I. ! .. -'' '. . .:,•• . . • • . . . 1 PRELIMINARY. PLAT APPLICATION; EXCEPTION TO SUBDIVISION ORDINANCE; AND .. ... .. ..._____.__ .. .. .... ........______......._ WAIVER OF OFF-SITE IMPROVEMENTS . , . . ERADCO, INC. ,. PATRICK EAS'TERa_ PRES. (CRESTVIEW MANOR No. 1) ; A p pl . No. P-1570-64=7-7-:-.340171167-E-76.0-:77; --iiii--App7. No. W--070;71; )Tr766 i-t y located . Oii-liraiTiell v e n ire N.E. --661ii-ee-n---.6:cf4fhfrfiet difd---V.t.N.E. 12th Street. . . ERADCO, INCORPORATED, PATRICK EASTER, 2 7 PRES. A APPLICANT ( v us:Aktioluuta-1-___________T 0 T AL AREAt . cr s e PRINCIPAL A.CCESS _131.p 01 q__A vg_ri ue N E..________-. EXIST'iNG ZONING EXISTING USE Undeveloped , . ___...._ ____ _ PROPOSED USE SillA164aMily Residential . . COMPREHENSIVE LAND .USE PLAN_ Single-Family RAciAentia-1 T COMMEN S____ . . . .. . • ... :. - - • . .. . . ...._ . . . ..• _ . —_— ------------ . . • , . . . . . . . . . , . , • " . . . • RENTON CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT November 14 , 1977 TO : Council Members FROM : Planning and Development Committee RE : APPEAL OF HEARING EXAMINER DECISION , CRESTVIEW MANOR NO, 1 , PRELIMINARY PLAT , FILE NO. PP-068-77 The Planning and Development Committee , after examination of the record , the Hearing Examiner ' s written decision , findings , and conclusions , and the written appeals , has determined that no error in fact or law exists pursuant to Section 4-3016 , regarding items 1 , 2 , and 4 of the preliminary plat approval recommendation and item 1 of the exception approval recommen- dation . Based on the above mentioned examination procedure , an error in fact was found regarding item 3 of the preliminary plat approval recommendation and item 2 of exception approval recommendation . The purported 15 foot utility easement was found not to exist and , in fact , an existing structure (attached double garage ) is located over it. Therefore, it is the committee ' s recommendation that the City Council concur in the recommendation of the Hearing Examiner with the deletion of item 3 of the preliminary plat approval recommendation and item 2 of the exception approval recommenda- tion . • George Perry , Chairman Barbara Shinpoch , Member Richard Stredicke , Member RENTON CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT • November 14 , 1977 TO : Council Members FROM : Planning and Development Committee RE : APPEAL OF HEARING EXAMINER DECISION , CRESTVIEW MANOR NO. 1 , PRELIMINARY PLAT , FILE NO. PP-068-77 The Planning and Development Committee , after examination of the record , the Hearing Examiner' s written decision , findings , and conclusions , and the written appeals , has determined that no error in fact or law exists pursuant to Section 4-3016 , _ regarding items 1 , 2 , and 4 of the preliminary plat approval recommendation and item 1 of the exception approval recommen- dation . Based on the above mentioned examination procedure , an error in fact was found regarding item 3 of the preliminary plat approval recommendation and item 2 of exception approval recommendation . The purported 15 foot utility easement was found not to exist and , in fact , an existing structure ( attached double garage ) is located over it . Therefore , it is the committee ' s recommendation that the City Council concur in the recommendation of the Hearing Examiner with the deletion of item 3 of the. preliminary plat approval recommendation and item 2 of the exception approval recommenda- tion . George Perry , Chairman Barbara Shinpoch , Member Richard Stredicke , Member • c . c p Renton City Council \,� 11/21/77 Page 7 Old Business - Continued ' Councilwoma.n_.Thorpe asked to be excused and left the Chambers. Planning and Planning and Development Committee report regarding appeal of Hearing Development Examiner Decision, C estview Manor No. 1 , Preliminary Plat, PP-068-77, Committee Report noted review of records and determination that no error in fact or Crestview Manor law exists pursuanjt" to Section 4-3016, regarding Items 1 , 2, and 4 No. 1 Preliminar of the preliminary plat approval recommendation and Item 1 of the Plat - Appeal exception approval recommendation. The report stated an error in fact was found regarding Item 3 of the preliminary plat approval recom- mendation and Item 2 of exception approval recommendation; the purported 15 foot utility easement was found not to exist and an existing struc- ture (attached double garage) is located over it. The committee report recommended the City Council concur in the recommendation of the Hear- ing Examiner with . the deletion of Item 3 of the preliminary plat ap- proval recommendation and Item 2 of the exception approval recommenda- tion. MOVED BY PERRY, SECOND CLYMER, COUNCIL CONCUR IN RECOMMENDATION. Robert E. McBeth, Attorney, recalled history of issue of opening Blaine Ave. N.E. from N: E. 12th to iJ.E. 16th St. or cul-de-sac installed asking that cul-de-sac. be allowed, claiming project would not otherwise • be feasible and requested traffic study. Committee Chairman Perry explained review 'and Examiner's decision that street be opened. 19CTION CARRIED. Ruddell 's 2nd Planning and Development Committee report explained review of records Addition of final plat Ruddell ' s 2nd Addition, MacLand, Inc. FP-087-77; property Final Plat located at the northeast corner of Monroe Ave. N.E. and N.E. 10th. Street. The report recommended concurrence in Hearing Examiner' s decision. MOVED BY PERRY, SECOND SHINPOCH, COUNCIL CONCUR IN COM- MITTEE REPORT AND REFER TO THE WAYS AND MEANS COMMITTEE. CARRIED. AUDIENCE COMMENT Rolling Hills MOVED BY PERRY, SECOND CLYMER, SUSPEND RULES AND ALLOW COMMENT. CARRIED. Building Permit James McClelland, 1922 Jones Ct. S. E. representing Rolling Hills Moratorium Homeowners Assoc. called attention to earlier agenda letter (Page 6) Requested on explained that on 11/9/77 the Renton Planning Commission held public Multi-Family hearing concerning the Comprehensive Plan for area south of Renton Hill ; that the Hearing Examiner has scheduled hearing 12/13/77 for 30 unit condominium; and asked 90-day moratorium similar to Renton Hill , until review of Comprehensive Plan completed. Councilman Stredicke called attention to earlier referral to the Ways and Means Committee (see Page 2) and referral to Planning and Development Com- mittee (see Page 6) . Attorney Robert McBeth spoke against moratorium explaining difference between Renton Hill area and area to the south. OLD BUSINESS Aviation Aviation Committee Chairman Stredicke submitted committee report Committee Report concurring in the recommendation of the City' s engineer, CH2M-Hill , (Public Services) to' grant 30-day time extension to provide for final installation of Seaplane Base floats in the Renton seaplane base contract; completion date would Contract be 12/28/77. MOVED BY STREDICKE, SECOND THORPE, COUNCIL CONCUR IN Extension COMMITTEE REPORT. CARRIED. Public Services,. Public Services Committee report recommended concurrence in recommenda- Committee Report tion of the Public Works Department and award contracts to low bidders Bid Award for 11/9/77 bid opening EDA/LPW Project #51-51-23908 for Schedule I , Pump Station & W-450 Talbot Hill Pump Station to Tri-State Construction Co. , Inc. Tie Line Water in the amount of $214,489. Also award contract to low bidder for Facility Projects Schedule II, W-251 Rolling Hills Tie Line to Paul Snyders Construction Co. in the amount of $168,035.49. MOVED BY STREDICKE, SECOND BRUCE, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Executive Session MOVED BY PERRY, SECOND THORPE, COUNCIL MEET IN EXECUTIVE SESSION. CARRIED. Counil Members left the Chambers at 12:00 midnight and asked Acting City Attorney Warren to attend the executive session for the purpose of discussing land acquisition. The Council Members returned to the Chambers at 12:05 a.m. Roll Call : All Council Members present. RESOLUTION Resolution #2148 Council President Perry recommended reading and adoption of resolution Fair Market Value establishing fair market value of property for the marsh area and trail Wetland Area system along Cedar River. Following reading of the resolution by Trail Area City Clerk Mead, it was MOVED BY PERRY, SECOND THORPE, RESOLUTION BE ADOPTED AS READ. CARRIED. Renton City Council 11/21/77 Page 8 ADJOURNMENT MOVED BY STREDICKE, SECOND BRUCE, COUNCIL MEETING ADJOURN. CARRIED. The meeting adjourned at 12:08 a.m. Delores A. Mead, Ci•t Clerk \r 1\�/�� BOARD OF PUBLIC WORKS Page 2 Q ¢ October 19, 1977 (t�\I` (7` allowed to use the right-of-way in conjunction with the site property to meet the required number of parking spaces. Mr. Weston introduced Mr. Cliff Gray, the new owner of the property. Discussion ensued concerning whether or not such action would require a variance from the City's Parking and Loading Ordinance which could only be granted by the Board of Adjustment. At the .conclusion of the discussion, the Board suggested that Mr. Weston prepare his plans and apply for the appropriate permits. The staff could then review the plans and determine whether or not a variance would be required in order to comply with the provisions of condition 3) . The Chairman indicated that it would appear that this could probably be handled by a staff interpretation and provision of a,bond or covenant running with the land to guarantee future installation of parking requirements should the permit be revoked. It was noted that condition 1) , which provided for a 10-foot strip of landscaping adjacent to the easterly boundary of said area, should correctly read "the westerly boundary of said area." 5. REFERRALS FROM DEPARTMENTS Application for Annual Business License: Plant Services Unlimited, 3309 SE 5th Street--It was moved by GORDON ERICKSEN, seconded by TED BENNETT, that this item be continued for one week in order to receive reports from the Building Division and the Planning Department. MOTION CARRIED. 6. ITEMS UNDER STUDY a. Crestview Manor No. 1--The Engineering Division submitted a report which addressed the questions brought up in Councilman Perry's memo of October 11 concerning the plat of Crestview Manor. The Engineering Division reported the following: 1) The improvements that are required would include but not be limited to curb, gutter, sidewalk, water mains, storm drains, power, telephone, and paving. 2) According to the King County Assessor's records, there is a 15-foot strip which extends from NE 12th Street to the proposed plat. It appears from field investigation that there is a house constructed over this 15-foot strip of land. The Engineering Division surmises that this probably occurred because both parcels of land at one time belonged to the same owner. This problem would have to be resolved by the developer and the property owner. 3) The legal description has been searched, and no reference to a 3-foot strip of land at the end of Blaine Avenue NE has been found. It was subsequently moved by GORDON ERICKSEN and seconded that the Board submit a report to the Planning and Development Committee in accordance with the report of the Engineering Division. MOTION CARRIED. b. Deferments of Off-site Improvements--Under study. c. Restructuring of Fee Schedules--Under study. 7. COMMENTS AND ANNOUNCEMENTS: None 8. ADJOURNMENT--Meeting adjourned at 10:10 a.m. EC -2- • Renton City Council 10/17/77 Page 3 Consent Agenda - Continued Rezone and ) Letter from Hearing Examiner Beeler presented recommendation of Special Use 9/29/77 Malibu Grand Prix Corp. Rezone R-065-77 GS-1 . to B-1 and Permit ) Special Use Permit application SP-067-77 for proposed midget car Malibu Grand Prix driving skill facility and amusement center on six acres located Corporation between FAI 405 and SW Grady Way, west of Cummins Diesel site. The R-065-77 Examiner recommended approval of rezone and denial of Special Permit. SP-067-77 Letter of appeal included from Richard C. Denttof Norwich-Kaiser- Appeal Dentt, San Diego Calif. , appeal re Special Use Permit, claiming error in judgement on the part of the Hearing Examiner. Refer to the Planning and Development Committee for recommendation. Crestview Manor Letter of appeal from Frances L. Creager, 2216 NE 12th St. , of the ,Preliminary Plat Hearing Examiner's decision on the proposed Crestview Manor #1 Appeals located on Blaine Ave. NE between NE 14th St. and NE 12th St. opposed Examiner's decision for placement of walkway near Creager residence. Letter of appeal from 14 area property owners (first name - Wayne N. Wicks, 1323 Dayton Ave. NE) opposed connection of Blaine Ave. NE and Dayton Ave. NE as recommended by the Hearing, Examiner for Crestview Manor #1 Preliminary Plat application, referred to the Planning and Development Committee on 10/10/77. Refer to Planning. and Development Committee the two appeal letters for inclusion with Crestview Manor #1 appeal and for recommendation. Harold W. Hill Letter from Hearing Examiner Beeler recommended approval of the Rezone R-081-77 Harold W. Hill application for Rezone (R-081-77) G to MP for prop- erty located along the east side of West Valley Road south of Northwest Hobby and Toy Co. for the purpose of attaining compati- bility of a small portion of total site presently zoned MP and intended for development of an office/warehouse/manufacturing facility. Refer to Ways and Means Committee. . LID 307 Letter from City Clerk Mead reported petition filed for street' Street improvement (LID #307) Raymond Ave. SW from SW 17th St. southerly Improvement approximately 1 ,200 feet, petition having been certified valid Raymond Ave SW by the Public Works Department as representing 100% ownership of the front footage proposed for improvement. The letter submitted Public Hearing the preliminary assessment roll in total sum of $297,352. 18 and 11/14/77 recommended referral to the Ways and Means Committee for resolution setting date of public hearing on 11/14/77. Refer to Ways and Means Committee for resolution setting public hearing. Proclamation Proclamation of Mayor Delaurenti declared, October 23 - 30, 1977 as Toastmistress Wk. Toastmistress Week in Renton. Comprehensive Letter from Planning Director Ericksen submitted Planning Commission Plan for recommendation concerning the Comprehensive Plan of Renton Hill Renton Hill Planning Area (Generally bound by FAI-405 on the west, Cedar River Public Hearing on the north, the hillside and undeveloped area on the east and the 11/21/77 powerline right-of-way on the south) . The letter recommended Council set 11/21/77 as public hearing date to consider the recommendation. Council set public hearing as recommended. Hearing Examiner Letter from the Hearing Examiner presented comparison of Hearing Procedures Examiner procedures in other jurisdictions, making recommendation for City' s procedure. The Hearing Examiner's letter was presented to Council by Mayor Delaurenti ' s recommendation for referral to Planning and Development Committee. Council refer to Planning and Development Committee. Consent Agenda MOVED BY PERRY, SECOND BRUCE, COUNCIL APPROVE THE CONSENT AGENDA AS Approval PRESENTED. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Appropriation Letter from Deputy Finance Director Bennett reported recent increase Garbage Service in garbage rates coupled with previous increases in dump fees make it necessary to increase the appropriation for garbage service by $172,000 and the appropriation for payments to the Tax Commission by $300. • Renton City Council 10/17/77 Page 4 Correspondence and Current Business - Continued Garbage Letter from Deputy Finance Director Bennett recommended referral to Continued the Ways and Means Committee for proper ordinance. MOVED BY PERRY, SECOND BRUCE, COUNCIL CONCUR IN RECOMMENDATION. Councilman Stredicke inquired re change in King County scale system, being advised by Bennett that scales go into effect about 11/1/77 with probable change in rates at that time. Public Works Director Gonnason antici- pated letter next Monday indicating rate increase. Councilman Perry noted being advised in committee meeting of $50,000 surplus in the garbage fund and asked Administration for clarification by next week. Mayor Delaurenti asked Deputy Finance Director to handle request. MOTION CARRIED. Advance Refunding Letter from Seattle-Northwest Securities Corporatibn requested meet- Water & Sewer ing to discuss advance refunding of 9/1/54, 5/1/65 and 12/15/65 Revenue Bonds water and sewer revenue bonds, having previously met with Finance Director and Deputy. The letter explained purpose: that new refund- ing bonds issued on a parity of lien with the 1976. refunding bonds and eliminate the 1 .5 coverage requirement; new coverage require- ment would be 1 .3 on all the water and sewer debt lor annual reduction in debt service of approximately $65,000. The letter noted second benefit of refunding program with reduction of in •debt service of approximately $43,700. MOVED BY PERRY, SECOND BRUCE, COUNCIL REFER MATTER TO WAYS AND MEANS COMMITTEE FOR REVIEW AND RECOMMENDATION. Councilman Stredicke noted reduction in funds of $100,000 for application to Senior Citizen Center, being advised by Deputy Finance Director Bennett that savings on water and sewer bond issues are . Utility Fund and not General Fund savings; Stredicke inquiring re transfer/appropriation. MOTION CARRIED. OLD BUSINESS Council President read 6/6/77 Council minutes regarding petition from Renton Hill citizens to review zoning in area and action taken Comprehensive with substitute motion by Shinpoch that Council refer request for Plan - single family zoning to the Planning Commission and Hearing Examiner, Renton Hill which motion carried. Perry reported discussion re intent of diviH sion of responsibilities and tasks and PERRY MOVED, SECOND SHINPOCH, PLANNING COMMISSION BE NOTIFIED THAT INTENT OF MOTION ON 6/6/77 WAS FOR THE PLANNING COMMISSION AT THIS TIME TO CONSIDER ONLY THE COMPREHENSIVE PLAN. CARRIED. City Attorney Shellan noted per ordinance, that the jurisdiction for rezoning is with the Land Use Hearing Examiner and the primary function with Planning Commission is change in Comprehensive Plan and also recommendations on zoning changes areawide. (See earlier setting of public hearing) Planning and Planning and Development Committee Chairman Perry submitted com- Development mittee report recommending Council support the request of the King Committee Report County Council to introduce proposed King County Motion 77-237 to the Joint Sphere of State Legislature, being enabling legislation to allow cities and Influence counties to establish joint sphere of influence. MOVED BY STREDICKE, SECOND PERRY, COUNCIL CONCUR IN RECOMMENDATION. CARRIED. Off-Site The committee report recommended changes to the ordinance following Improvements review of procedures for granting deferrals, exceptions , variances and waivers by City Board and Land Use Hearing Examiner, as follows : (a) Ordinance creating the Bd. of Public Works Code 6-2-606 member- ship - restructure membership to include Director of Public Works, Director of Parks and Recreation, Director of Planning, Fire Chief and Traffic Engineer (deleting Airport Director and Finance Director. (b) Duties 6-2-602E, revise changing work "variances" to "deferments" adding after thereto "deferments shall not exceed 24 months. " (c) Add new section allowing granting of deferred off site improvements by Board of Public Works, adding statement that such deferments may be granted for reasonable cost not to exceed a period of two years. The report noted committee will continue to review and study Council policy regarding this subject. MOVED BY SHINPOCH., SECOND PERRY, COUNCIL CONCUR IN COMMITTEE RECOMMENDATION. CARRIED. Councilman Perry noted policy change that deferments shall not exceed 24 months and deferment shall not be granted unnecessarily; previous -- policy left open-ended deferments , such as at time of LID in area. MOVED BY STREDICKE, SECOND PERRY, REFER ORDINANCE CHANGES TO THE WAYS AND MEANS COMMITTEE. CARRIED. . 04, Vic ' j Lo GC".0,0 NIAA1C,V ck October 7 1977 Mayor .D e l our ert i,. Members of tl e' 'Reriton City Council : We , the underlining property owners, are opposed to the extension of Blaine Avenue to Dayton. We stated our objec- tion to the Hearing Examiner to no avail. Therefore, we wish to again explain our position to you and hope that, as responsible elected officials, you would take our con- sideration under advisement when making this decision. We ask you to put yourselves as residents of the city in our position and act accordingly. We bought in this community, specifically on Dayton Avenue, with the understanding and realization that this is a limited access community in that the only cars that utilize our frontage street are those that wish to travel to our homes . Therefore, it is a safe community to raise a family and it is safe for our children to utilize the front area to toss a ball or play the normal children games without concern of heavy traffic volume. -2- The city, when laying out the residential street patterns many years ago, had the foresight to set up a circulation system. We have access to a residential arterial, N.E. 12th, which allows us to access other arterials which eventually lead to stores, schools , and other urban facilities . This arterial system serves as a feeder system to circulate traffic. These streets normally carry more traffic volume than interior streets such as ours . ' We elected to invest our money in our particular neighbor- hood with the knowledge that we do have a protected cul-de- sac street with access to 12th. This situation is similar to the people who now live on Blaine Avenue. It is our understanding that the Blaine Avenue residents , for their . convenience to travel south, wish that Dayton be connected . through the new subdivision of Hillcrest Manor so that they may travel through our area versus traveling. their normal circulation arterial, N. E. 16th Street, to access schools, shopping, etc. What this does, then, in effect is create a circulation street through our existing tranquil community. We don't feel this is necessary to do this and destroy our neighborhood for the convenience of a small group of resi- dents who now live on Blaine Avenue. We respect their right to privacy and we feel they should respect ours . Likewise, -3- we are also asking you to do the same. We, therefore, wish to go on record, not opposing the Hillcrest plat, but oppos- ing any potential connection between Dayton and Blaine Avenues . Signed: Address : - a ° -3- we are also asking you to do the same. We, therefore, wish to go on record, not opposing the Hillcrest plat, but oppos- ing any potential connection between Dayton and Blaine Avenues . Signed: Address : 7 7 _ / 7 , _ 1399 D e / 3/6 ' ,i ;04, ,ALL /V , - .64-A2,71 JAR Nc:i))64.) 401": "LE t4,0°,9,_„,Q.c 4 4%/,-eici,.4172( 4-60, ?7, 72, . (-1/4 e (1-1 � 0 /7- 7 )102 %91kfilia,0 14) OCT 197,®, � /0. re -4 EEC City Council CL of OTOS City of Renton C '1,., Municipal Building REnton, Washington 98055 414)Zt' RE: Appeal of the Hearing Examiner' s decision on the proposed Crestview Manor #1 located on B&&in.e Avenue Northeast between NE 14th Street and NE 12th Street. Dear Sirs : At a recent hearing held before the City of Renton Hearing Examiner, a developer proposed to develop a preliminary plat by the name of Crestview Manor #1. During this hearing, a number of items were discussed including the possible connection of Blaine to Dayton and the construction of curbs , gutters and sidewalks. After this hearing was concluded, and the Hearing Examiner prepared his report, we were informed that, as his condition of approval of the plat, that the developer be required to install a public. walkway between our homes . We consider this action illegal since the easement ,betwee1 -=cur homes was granted for the purpose of extending utilities . When our homes were built here a number of years ago, they were certainly not built with the understanding that there would be a common walkway between our homes to allow the neighborhood to the north to invade our privacy, which we regard very highly. This would hotLIon_ly be a personal inconvenience to us , but it would be an open invitation to the increasing rate of house burglaries to vandalize and burglarize our house in almost complete privacy. We feel that the establishment of a sidewalk and walkway system should be undertaken, developed, and adopted in a normal public hearing process and should not be slipped in as a side condition in a Hearing Examiner decision and recommendation. We are aware that there is a utility easement between our homes for the purpose of connecting sewer and water lines from this vacant property to NE 12th Street. Certainly, it never was the intention of this utility easement, when granted, to be used as a public walkway. We consider the Hearing Examiner' s action not only highly unusual, but we consider it illegal, because we feel that this utility easement can only be used as a utility easement and not as a common walkway. NAME ADDRESS - CITY OF R Elk( 4 . No. 2649 FINANCE DEPARTMENT RE:NTON, WASHINGTON 9 80 5 5 ( =.4-e-t :) I RECEIVED OF( / L. ///C. (--y/ //X /4 j • —;17 44--i;1,27-7:' '11AVe.....d E./ ) (/0 (00. o o o. . o c) (f) 5 TOTAL 6 GWEN E . MARS f,, FINANCE DIRECTOR 4%. BY• • a • r [nvoica No 625 CITY OF RENTON 200 MILL AVENUE SOUTH RENTON, WASHINGTON 98055 CITY CLERK'S OFFICE Department or Division Date �c,tohPr 1 L 1977 Robert E. McBeth Gouge, McBeth ,`g;Faul l Please able etchecks Attorneys at Law p y 505-B South Third Street Finance Department Renton, WA 98055 City of Renton L Appeal from Hearing Examiner's Recommendation - FILE NO. PP-068-77, E-069 & W-070-77, for Patrick T. Easter and ERADCO, Inc. Filing Fee $25.00 /� ^22324?''•- cr, Qt�'1 (. ,RL'cts;c-,0„,,-.:„ ct co ,,S `1s5 68.( $25.00 Total Due gag 1a 11/242 GOUGE, MCBETH & FAULL <f)V. `y�J { 1111 555 ATTORNEYS AT LAW CT �"v �9 H. DONALD GOUGE P. O.BOX 26 (V r /1 r\ tO CO ROBERT E.McBETH 505-B SOUTH THIRD STREET [L•!V- GARY F. FAULL r �11.01 ti RENTON,WASHINGTON 98055 ALPINE 5-5600 �61 C1tY of'R Ct.ERK$ OFFICE, L October 10, 1977 "c4)9?.(;1 Z'G'' The Honorable Charles J. Delaurenti, Mayor Members of the Renton City Council Renton Municipal Building 200 Mill Avenue South Renton, Washington 98055 RE: Crestview Manor No. 1--Preliminary Plat Application. Appeal from Hearing Examiner' s Recommendation File NO. PP-068-77, E-069-77 & W-070-77 Dear Mayor Delaurenti & Members of the Renton City Council: • My office represents Mr. Patrick T. Easter and ERADCO, Inc. , and I have been asked to assist them in processing the above referenced preliminary plat application. On September 15 , 1977, Mr. L. Rick Beeler, Hearing Examiner, transmitted his formal recommendations regarding this application to the Renton City Council for further action. In that recommendation, Mr. Beeler recommended that the preliminary plat be approved subject to the following: 1. Modification to Lot 4 to comply with the required minimum of 7200 square feet of area. 2. Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 3. Inclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E. 12th Street. 4. Board of Public Works action regarding the Deferral of Off-Site Improvements. That order provided that the appeal period would expire on September 29 , 1977. Being satisfied with this ruling, we filed no appeal. On September 30, 1977 , Mr. Beeler forwarded a letter to the Renton City Council "clarifying" the issues and "correcting" a misunderstanding that may have occurred. In that letter, Mr. Beeler suggests that he had intended to require a through-street from Blaine Avenue N.E. to Dayton Avenue N.E. In our opinion, 410 such a change in the Examiner' s recommendation wou d completely change the recommendation he is making to the City Council. If that change is allowed, we respectfully wish to ap..eal that recommendation and ask that the City Council revieq the entire matter and make such decision as they feel appropr ate. Since the Examiner' s letter essentially changes the recommendation he is making to the City Council, we feel that we should be allowed to file an appeal within fourteen (14) days from t at letter. This letter is therefore intended to notify t fe City Council that we do respectfully appeal from the decision o the Hearing Examiner which has apparently been rendered in thi . matter. We base this appeal on the following: 1. Walkway. We feel that the requireme: t that we install a walkway within the 15-f6ot utility .asement to be beyond our legal capability. That easemen. was established as a utility easement, not a walkway, and cannot be changed in character without the property owner' s consent. It is our understanding tha such consent will not be forthcoming. To impose sich a requirement upon us as a condition of approva _ goes beyond the power to the City to require. We qould ask that this requirement be deleted in its entirety. 2. Dayton Rvenue Connection. We likew se object to the requirement that the plat be revised to include a connection between Blaine Avenue. N.E . and D.:yton Avenue NE. A 500 foot cul de sac is not realistic in thi area, but an extension from Blaine to Dayton is not realistic either. We feel that a much more desireable neighborhood would be created by an extension of the cul de sac on :;laine rather than making an extension onto Dayton. The property owners on Dayton are opposed to this requirement and we support their objection in that regard. There are sacral other cul-de-sac streets that exceed the 500 foot mLximum in such development as Victoria Park, Aloha Ranch. , and Parkwood Homes. We feel that no substantial problems would be created if the same allowance is made in this case. We would also advise the City Council that we will withdraw our request for a waiver or derreral of offsite impro, ements. Since it is now apparent that the Hearing Examiner cannot, rule on our request for a waiver of this requirement, we feel hat it was improper to submit the question to him in the firs ' instance. We should have been notified of this in advance, aid. therefore request a refund of the .100. 00 fee that was paid . s part of this original application. We would certainly appreciate an opportunity to present our side of this controversy to the City Council and appreciate being notified of any meetings held to consider this mat er further. Velfuly ou s , ikdr ' C ROBERT E. McBT: H 0 RENTON CITY COUNCIL Regular Meeting October 10 , 1977 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Charles J. Delaurenti led the Pledge of Allegiance and opened the regular meeting of the Renton City Council . ROLL CALL OF GEORGE J. PERRY, Council President; PATRICIA M. SEYMOUR-THORPE; COUNCIL RICHARD M. STREDICKE; BARBARA Y. SHINPOCH; KENNETH D. BRUCE; EARL CLYMER. STAFF IN CHARLES J. DELAURENTI , Mayor; G. M. SHELLAN, City Attorney; GWEN ATTENDANCE MARSHALL, Finance Director; DEL MEAD, City Clerk; GORDON Y. ERICKSEN, Planning Director; WARREN GONNASON, Public Works Director; RIGHARD GEISSLER, Fire Chief; CAPT. BOURASA, Police Representative; DONALD CUSTER, Administrative Assistant. , PRESS GREG ANDERSON, Renton Record Chronicle. MINUTE APPROVAL Upon inquiry by Council President Perry of correction or additions October 3, 1977 to Council Minutes of 10/3/77, Councilwoman Thorpe requested inclusion of her inquiries to Public Works Director Gonnason during the Hearing of the Comprehensive Plan of the South Renton Planning Area (Page 2) regarding drainage and use of natural drainage systems, outlining • Panther Creek drainage into wetlands , the U.S. Soil Conservation Service pen for drainage, P-9 channel on west side of freeway, explain- ing S.C.S. proposed system includes channel to allow Panther Creek into Valley floor. Gonnason noted inability to answer when channels would be built, but environmental impact statement for valley channels is in draft form, once completed, P-1 channel could be commenced immediately, that development of remaining channels could be from two to four years away. Councilwoman Thorpe noted this was one of the reasons for appropriation of funds to review drainage, essentially those channels are 10 years down the road, that if run off is in- creased, drainage is into channels that don' t go anywhere. Public Works Director Gonnason noted the rate of run off would not be in- - creased, but is matter of retention and keeping storm drainage at present level . MOVED BY PERRY, SECOND BRUCE, COUNCIL MINUTES 10/3 BE APPROVED AS CORRECTED. CARRIED. CONSENT AGENDA The following Consent Agenda items , previously distributed to all Council Members are considered routine and are enacted by one motion unless removed by Council action for separate . consideration. Final Payment Letter from Park Director Coulon recommended Council ratify accept- Kiwanis Air Park ance of CAG 037-77, Kiwanis Bicentennial Air Park project, as of 9/26/77 by Don Gannon Construction Co. The letter also recommended, if after 30 days no liens or claims are filed against the project, and proof of payment of tax liabilities is received, that final payment of $1 ,810.40 be paid the contractor (includes retained amount) . Council concurrence. Certification Letter from King County Records and Elections Manager, Clint G. Elsom, September 20,1977 certified 9/20/77 election in Renton and reported results canvassed Primary by King County Canvassing Board of Election .Returns on 9/30/77: Election Position #1 (Unexpired 2-Year Term) : Michael M. Hanis 883 Nominated; , Thomas W. Trimm 1 ,109 Nominated; Versie Vaupel 460. Position #3: Michael Cramer 268; Thomas R. Edwards 249; Robert J. Hughes 505; Barbara S. Lally 443; Charles F. Shane 648 Nominated; Dennis Vadney 522 Nominated; Sanford Webb 317. Information. Voucher Approval The Ways and Means Committee report recommended approval for payment of Vouchers #15425 through #15561 in amount of $137,952.82 being certified as to receipt of services/merchandise; plus payment of LID #302 Revenue Warrant R-5 $7,540.33 plus Cash Warrant C-6 $7,540.33. Council approval . 1 CW:112.' 16 Renton City Council 10/10/77 Page 2 Consent Agenda - Continued • Greenwood Summons and Complaint; Greewood Memorial Park, Inc. , Plaintiff vs. Memorial Park City of Renton and County of King, Defendents, charging that the Summons & City through Public Works Director Gonnason, without legal right, Complaint directed issuance of permit to King County Public Works for instal- lation of utilities on W.30' plaintiff property asking plaintiff be compensated and County remove utilities. Refer to City Attorney and Insurance Carrier. (City and County claim utilities on public right/way) . N.33rd Place Letter from Public Works Director Gonnason reported appraisal of Street Vacation portion of N. 33rd Place for purposes of street vacation, in amount Appraisal of $9,092.54, representing $.83 per sq. ft. , total area 10,954.87 sq.ft. (taking into consideration easements) . The letter noted 1/2 appaised value of $4,546.27 to be collected from the property owners per procedure: Fawcett $1 ,037.50; Lucker $1 ,537.52; Everett $726.25 and $830; McLaughlin $415. Refer to Ways and Means Com- mittee for ordinance. (See later Ordinance adopted. ) J & F Investment Letter from City Clerk Mead noted favorable report received from Annexation the King County Boundary Review Board on annexation of property to Purpose: the City of J & F Investment Co. in the vicinity of Heather Downs Utilities for annexation, 132nd SE/Union Ave. SE and SE 136th St/SE 2nd Place. Subdivision The letter noted no protests were received and the Boundary Review Board did not choose to invoke jurisdiction. The letter recommended that the Council proceed with annexation and refer matter to the Ways and Means Committee for annexation ordinance. Rezone R-072-77 Letter from Hearing Examiner Beeler transmitted Rezone and Site Duane Wells Plan approval for Duane A. Wells and Val Bain property located and Val Bain on SW corner of Lind SW and SW 10th St. on old Burlington Northern SA-061-77 right-of-way and Puget Sound Power right-of-way located between SW Grady Way and SW 10th St. , 1 .56 acres from M-P and G for proposed use of office/laboratory facility,Comprehensive Plan - Manufacturing Park. The letter noted appeal period for rezone expired on 9/26/77 and asked submittal to Council 10/10/77. Refer to Ways and Means Committee for ordinance. Consent Agenda MOVED BY PERRY, SECOND THROPE, COUNCIL APPROVE CONSENT AGENDA. Approval CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Preliminary Plat Hearing Examiner Beeler recommended approval subject to conditions Crestview Manor for Preliminary Plat application for ERADCO, Inc. , Patrick Easter, PP-068-77 President. Applicant had requested preliminary plat approval of Exception to proposed ten-lot single family residence subdivision, together with. Subdivision tan exception from the ordinance requirement for a maximum cul-de-sac Ordinance , length of 500 ft. (proposed cul-de-sac approximately 880 ft. in E-069-77 : length) and approval of a waiver of the off-site improvement require- Waiver of ' ments of the subdivision regulations (i .e. , curbs , gutters and side- Off-Site ( walks) . Letter read by City Clerk Mead appealled the Hearing Exami- Improvements - iner' s decision on the proposed Crestview Manor #1 located on Blaine ERADCO, Inc. ! Ave. N.E. between N.E. 14th St. and N.E. 12th St. , filed by 23 area residents, $25 fee paid by Mrs.Elmer (Marilyn) Neu, 1409 Blaine Ave. r N. E. The letter of appeal asked the subdivision be developed in Iaccord with all ordinances and regulations governing area of this size with no exceptions or exemptions; objection was made to waiver , of off-site improvements; objection was made to increase of fire and traffic hazards as a result of waiver of 500 ft. cul-de-sac ordinance and urged that Blaine Ave. N.E. and Dayton Ave. N.E. be joined at lthis time and imprelementation be completed at time of site development. Examiner Letter 1 Letter from Hearing Examiner Beeler in response to letter of appeal of 9/30/77 ; from area residents filed 9/28/77, explained confusion by an inad- . vertent error in Examiner' s recommendation whereby two conditions required provision for a future roadway connection to Blaine Ave. N.E. ; . explaining intent of recommendation was to provide a connection to Dayton Ave. N.E. The Examiner' s letter explained the recommendation ` regarding off-site improvements was conditioned upon review and action i Renton City Council 10/10/77 Page 3 Correspondence - Continued Crestview Manor by the Board of Public Works, being- concluded that the Board and Preliminary Plat not the Examiner, by ordinance, should review this request; noting Appeal that the appeal period recently expired on 9/29/77, the board would Continued not review the case until later, the Board not yet acting. Letter presented at the meeting from Robert E. McBeth of Gouge, McBeth & Faull , Attorney representing Patrick T. Easter and ERADCO, ' Inc. , outlined 9/15/77 recommendations from the Examiner, noted expiration of appeal period on 9/29/77 and 9/30/77 letter from the : Examiner to Council clarifying and correcting a misunderstanding. McBeth' s letter explained the Examiner' s letter of 9/30 wherein Exami- ner intended to require a through-street from Blaine Ave. N.E. to Dayton Ave. N.E. and McBeth expresses opinion that such a change in the Examiner' s recommendation completely changes the recommenda- tion to the Council , therefore, allows additional 14 day appeal ' period. McBeth' s letter notified Council of appeal of Examiner' s decision based on walkway requirements and Dayton Ave. N.E. connec- tion, giving full details. The letter also withdrew request for a : waiver or defferal of off-site improvements as Examiner cannot rule on request, that his clients should have been notified in advance : and, therefore, requested refund of $100 fee paid with original : application. The letter further requested opportunity to present matter to City Council and asked to be notified of any meetings on the matter. Continued Letter from Ronald A. Bergman, 2208 N.E. 12th, requested a stop work order and that permits be stopped until matter resolved regarding : the location of 15 ft. easement for Crestview Manor' s water/sewer line. The Letter notes Crestview to Bergman' s north boundary, that easement : should be to east of Bergman' s property, however, building located on easement, that there is not 15 ft. between buildings. Councilman Stredicke requested Staff presentations Planning Director Ericksen noted being aware of the recommendation, but not involved in the matter, noting Hearing Examiner ordinance refers matter to Council committee which requests information and reports back to Council . . City Attorney Shellan noted intent of ordinance to hear appeal at time of presen- tation to Council , that matter should be referred to Committee of the Whole or Council committee for study and report back, no require- ment for public hearing. MOVED BY SHINPOCH, SECOND THORPE, COUNCIL : REFER THE ENTIRE MATTER OF THE CRESTVIEW MANOR NO. 1 TO THE PLANNING AND DEVELOPMENT COMMITTEE WITH STAFF TO COORDINATE, PARTICULARLY IN REGARD TO MATTER OF FIRE ACCESS AND COMMITTEE TO REPORT BACK TO THE COUNCIL REGARDING ADDITIONAL TESTIMONY OR HOLDING PUBLIC HEARING. Procedure was discussed. MOTION CARRIED. Councilwoman Thorpe asked ' the Administration to review the procedures in other cities as Bellevue and Seattle., Councilwoman Thorpe inquired whether : appropriate for Council committee to have met and studied hearing ; Examiner' s report of the 30th so that report could have been presented tonight when the matter came before Council . Asst. City Attorney Appeal Referred Warren noted the matter should first come to the City Council , that to Committee, Council could set policy referring all appeals to committee, may ask Staff to Planning Department or Hearing Examiner for presentation. Perry Coordinate ' favored committee study during lag period, Councilman Stredicke noted for the record the Examiner's report was filed 9/30, and that the City Clerk notified the 18 parties of record, plus Council and staff, that the appeal had been filed and would be considered tonight. City Attorney - etter from City Attorney Shellan submitted his resignation as the Shellan Resigns City' s legal advisor effective 10/31/77 after more than 25 years Due to Judicial service; noting appointment effective 11/1/77 as Governor Ray' s appoint- Appointment ment to one of the new King County Superior Court judicial positions ; noting this is first time such an appointment was made from South King County. City Attorney Shellan's letter recalled experience under five different mayors and at least ten different legislative - bodies and extended gratitude to the Mayor, Council members, Depart- ' ment heads and their staff for cooperation and considerations. The letter urged the Mayor and Council to give extremely careful study in choosing a new City Attorney, that Municipal law is specialized field, that distict and extensive knowledge is absolutely essential to protect the City and its officials from costly legal entanglements. The letter asked selection on basis of competence, promptness and experience in municipal law and candidate' s willingness to remain on job. Mayor Delaurenti noted recommendation forthcoming. I Renton City Council Meeting 10/10/77 Page 4 Housing Authority Letter from Renton Housing Authority, Executive Director, A. J. Requests Permit Ladner, requested City to waive its building permit fee in connec- Waiver - Project tion with the Elderly low-rent project at the American Legion for Elderly property site on Cedar River. The letter noted tight budget and asked assistance as significant contribution to non-profit program. MOVED BY CLYMER, SECOND PERRY, COUNCIL REFER MATTER TO THE PUBLIC SERVICES COMMITTEE. Councilman Stredicke noted disappointment that Housing Authority Minutes have not been received after requesting same. Councilwoman Shinpoch noted for the record that the Minutes of meetingsare available by stopping at the Housing Authority Office. Councilman Bruce noted need for immediate action on the matter rather than referral to committee. ROLL CALL: 3-AYE: THORPE, STREDICKE, CLYMER; 3-NO: PERRY, SHINPOCH AND BRUCE. MAYOR DELAURENTI VOTED AYE AND BROKE TIE. MOTION CARRIED. Downtown Area Letter from Renton Merchants Association requested permission to Christmas decorate the downtown Renton streets by replacing extisting white Decorations globes in the small light standards on the street side, with four red and four green globes along with a live three-foot Christmas tree; with no decoration or colored lights installed on light standards located at street intersections. Councilman Stredicke submitted letter received from Deputy Director of Public Works Bennett following his inquiry at Council meeting of 9/12/77. The letter noted 5,000 incandescent lamps in the decorative standards in downtown Renton, and due to energy conservation program, all of the decorative lights have been deactivated, The letter noted help- ful information to the Merchants Assoc. The letter noted labor required to remove existing lamps , pla6e°171ei4 ones and replace at • end of the holiday season, and that the Downtown Merchants Associ- ation would probably have to reimburse the City for labor or the Council would have to find this an appropriate expenditure of public funds. The letter further noted the Department would work closely with the Association. MOVED BY STREDICKE, SECOND THORPE, COUNCIL AUTHORIZE THE ADMINISTRATION THROUGH THE PUBLIC WORKS DEPARTMENT TO ASSIST DOWNTOWN MERCHANTS ASSOCIATION IN THEIR STREET LIGHTING HOLIDAY DECORATION PROGRAM. CARRIED. Honeydew Creek Letter from John L. Clements , 14015 Renton-Issaquah Rd. , Renton, requested clean up of channel of Honeydew Creek and pointed out drainage problems in Honeydew Creek between 138th Ave. SE (Duvall Ave. NE) and the point downstream where it flows under NE Sunset Boulevard in the vicinity of Union Ave NE. The letter outlined creek route and explained problem of water backing up in basement during period of only moderate rainfall , contending the problem has been created by the denuding of the natural landscape with no pro- visions for increased runoff: Construction of Hazen High School , Honeydew Apartments, Honeydew Two Apartments , Spring Tree Apartments, widening of NE Sunset Blvd. for one to five lanes and now construc- tion of new 102 acre shopping center on northwest corner of NE Sun- set Blvd. at intersection with 138th SE (Duval NE) . The letter out- lined steps necessary to revlieve the stream flow and correct problem; including cleaning of culverts and brush and debris from creek and force the Exxon Service Station located at 138th SE and NE Sunset Blvd. to remove litter dumped in the creek since station opened, including old tires (over 55) . The letter explained discussion with Mayor and Public Works Director noting Mr. Gonnason' s advising of no plans to clean creek. The letter objected to government' s failure ' to provide for surface water runoff, explaining pictures taken for presentation to Council . John Clements, being present, explained his location adjacent to city limits, that service station in ques- tion is within city limits. Gonnason noted problem brought to his attention two years ago and explained hydraulic study, that Mr. Clements has placed berm around his basement for protection; that common law allows property owner to discharge water into natural swale, he has easement over downstream, that the property owner downstream may not dam up or impede flowsthat 'would cause flooding. Councilman Clymer inquired of recourse for removal of tires, even though on private property. Councilwoman Shinpoch inquired re Shoreline Management, citing Enumclaw case involving 9 A OF R-A, �1 o THE CITY OF RENTON _ © MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WA 980 5, 0 - �o CHARLES J. DELAURENTI , MAYOR • LAND USE HEt �'V ' EXARt.: R p� ��� L. RICK BE,. ER . 2 -259 �, 4TFO SEP1 � �i `�`� � `l September 30, 1977 �; % ill, ''' Members, Renton City Council C� t5' *" Renton, Washington ,�+� RE: Appeal of Examiner's Recommendation regarding Preliminary Plat App`_Cication of Crestview Manor No. 1, File No. PP-068-77, E-069-77, & W-070-77. Dear Council Members: On September 28, 1977 an appeal was filed with the City Clerk regarding the Examiner's recommendation, dated September 15, 1977, on the referenced preliminary plat application. The purpose of this memorandum is to clarify the issues and correct a misunderstanding that may have occurred. The appeal letter, dated September 28, 1977, essentially contains two issues: 1. Provision of a physical connection from Blaine Avenue N.E. to Dayton Avenue N.E. ; and • 2. Installation of off-site improvements. The first issue may be confused by an inadvertent error in the recommendation whereby two conditions required provision for a future roadway connection to Blaine Avenue N.E. The intent of the recommendation was to provide a connection to Dayton Avenue N.E. This may have confused the appellants by suggesting that no such connection from Blaine Avenue N.E. to Dayton Avenue N.E. would be provided, when in actuality, it was the Examiner's intent that the plat be redesigned to specifically provide for this future connection. With regard to the second issue, the recommendation was specifically conditioned upon review and action by the Board of Public Works regarding installation of off-site improvements. It was the conclusion that the board, not the Examiner, by ordinance should review this request. Since the appeal period recently expired on September 29, 1977, the board would not review the case until later. The board has not yet acted. Attached for your review is the Examiner's recommendation and the letter of appeal. If you require additional information regarding this matter, please do not hesitate to call. .. SinceielY ? N.__ L. Ri Beeler Hearing Examiner cc: Gordon Y. Ericksen, Planning Director 11Del Mead, City Clerk 16 Attachment „.. 7_, . . — =-- .. • c r6 27Z8?9 - . . . . _ . • �`L�'2 ,� ''��j: . . \ . .. SEP 1977 W . : C i, . c'� CLERk . Ni September 28, 1977 FF • City Council ., City of Renton . .: . Municipal - p g ;.: . 200 Mill Ave. 'So. • .R W ton- g 9 enton ashin 80 55• - Re: Appeal of the Hearing Examiner'-s decision on :the proposed ' . Crestview:Manor #1-located On 'Blaine Ave. "N:E. between - . :N.E.'. 1k+th St.;and N.E. 12th:St. . . . . . We, the residents and property•owners of-Blaine Ave. 'N:E.: between N.E. 16th..St. and. N.E. 12th St. request :a review of the, same. We ask . . consideration of the._:following;`, ._ - ' , • . - 1. In,a letter.dated :August 18, 197.7 to Mike Smith the fire- . - - ' department recommended that "the proposed extension of Blaine . • - -Ave. N.E.. be• routed east 100 feet to: connect up with Dayton ' - "Ave. N:..E:",:;N.E:. 12th.:orrN.E. 16th”®..- - 2. The.Public Works Department in an August.16, 1977 'memo stated.. _ that."the`.waiver.of off.site improvements_may set a damaging . • ' precedent for future developments of this 'size" . 3. In a letter Patrick Easter from the Planning Dept. dated. April 6, 1977 it'-was• stated that. ".this department recommends -. that"the proposed .street :be .connected to. the existing Dayton - ' • • : . • .Ave. N.E. .which abuts the approximate .middle. of. the east -line . - ' • .• of the subject site" . In-a .memorandum from Del Bennett to Mike" Smith•dated•August. 26, • - . 1977 it was. -stated that "we. do not recommend a waiver of off . • site"-,improvements" o -. . : - • • 5• In an•interoffice.. correspondence from Don Monaghan tO Mike Smith, • . . - .. dated August :17,, .1977 it was stated that -"it is not recommended • - : . that a:waiver or;:deferral for off=.site improvements:be, granted° 6."1 In the Hearing Examiner's report,dated Sept." 15, 1977, under con- . elusion item,.#3 it was statedthat :the "`connection of the two. • streets, Blaine Ave.' N:E. and.-Dayton'°:Ave•.vN.E.,'. would be °in the . _best interests of health, safety and -welfare of the 'neighborhood . . and ,community" "and -" in any-:event-.the-_connection-of the two streets is appropriate" at:this-.time" o - - " `; • P. • �5 27Z/Sjit2.6• geL C )2/(44 PI/7 , e a /V / '®o X ahee- /6�0 1-7/ • e � � vea- ii ,/gedirevae) ✓,�0/ Au c c ii/fi-, City Council • City of Renton . . Municipal Building. 200Mill Ave. So. • Renton, Washington - 98055 :. September 28, 1977_ . Page '2 Re: Appeal of the.Hearing Examiner's decision on the proposed Crestview Manor #1 located on Blaine Ave. N.E. .between N.E. 14th St. and N.E..12th St. • • 7. The proposed addition would exceed the 500' cul-de-sac subdivison ordinance. 8. There are four subdivisions in the immediate area that were not allowed any waivers of off-site improvements. - Camas Ave. N .E. north of. N.E. 16th::St. Blaine. Ave.. N.E. north of N.E._ 16th St Dayton Ave. N.E. 'north of N.E. 12th St. • ; . , . Monterey Court N.E. north of N.E. 16th. St. • In conclusion: . . • We, as residents and 'property owners, '.desire.the subdivision to be developed in accordance with all ordinances and regulations governing an area of this size with no exceptions or exemptions. We do object to a waiver of off-site. improvements and urge that improvements be - built at. the time of home' construction. We strongly object to an increase of fire and traffic hazards that would be a result of a waiver: of 500 ft. cul-de-sac ordinance. We urge that Blaine Ave. N.E. and. Dayton Ave. N.E. be joined at this time and implementation be completed at the time of site'.development. CITY OF. REN No. . 2384 • FINANCE ' DEPARTMENT REN1T,C,')N, WASHINGTON 98055 9 -de) 19 7 7 . . . . • • RECEIVED OF "n1c,-,,,Lr-1/4...) • . . ACaAi.'noi TOTAL • GWEN E . MARSHALL,,,FIN.ANCE DIRECTOR BY • CA- • • • 6 () ,ic • . ,,-ri \ —• 0"7 7 .c:.4 ; fr::11 ,CY- „tvd,0 A) :i4.49-v) • ' eg) os 071,--t. /92 7. ,,,, , , &.. • - .,.. • , k, /77,,t 0Y 7- I e/x7; K7.9.,...,/,mi,(:,/ / , 7 4 •-•.s.1 . .. . Pir-.. /Z44 API.4 Nee. 7/ .4{."")-8 ,6 vot_e_ A-7(--- /e, ...0-7 /9)1‘/72/47-7 7/.4 I- ' 'hie 7.e- 2 #9 15 ii-365 At,S/-77 VW,/ • Vie=f 5-12 5'4,r, ," 7 y 7 4, ,,,, v/62 /76260 -ii-V - e/e-. 714,1//&r (t) "774-nt,i; 41 46,/// Xe 0/1 /A.6 , /0 V-6/PetZ: L.4./r-7,./ r i 7 r Air.PE ze..)A k_!.Z . 7` 7,7 ez, 4/01,W /60:e.e.A.740 7P 1,- /9/..zfrivii,? 7 , 7/ y • ./.6 7;e9 gill/ x Az4/„. /0-44, c„. .c. e7- / 74_ )a I:, -}i> il)P/9 _.--;--,---, ,/ - 7 X . / 7- , , /Oil ' e7P „z..-/- , / 7-7e-/ i) / Ac- ,,-1 (t7"7 -, ,,a,c4650,4 , 7 , ,,<-7 Ze--, -, / 7 "re/4 /, --,7z,//Z:24 rs , , 4.-ic //_ <74,1 5/47,? 4,_„_ /f7frze5_, J- e-.-Z.-,/-7 ,5 z)/-7 >X. Cnikeo' '.. t 1 7,. ' t 12 A p y,g&14/, 7,,tr-7 ec? . 163,---04--?-7 /-7--2 7 € iip7c:'- _ %/el, , 717,--r? . • X aLsec,_ iti ..__A- . cioc v-- / 2 Aififire,k , .4/ 'IX'bd- 7 S 410 I 1X ' 00Kv- "I 7, / Xe__ • -,17--4'7, --`/'2V /: /.4'.-- /4--e -i 41z-e-74- . /1-4'e --e. ,:,s 4/e9 1 / 1--- ., "7 . ,E1{CeleC/1 ,60 q LAW, . ip K‘e.eee. :3:4-,7Kipic. , . if1-1-7 (1 4--ir i/O0' ,'‘171./4/-.3 •Xe=3: .5..54/), ./ .e7,,,---7'1./i • i. / f ci,„,0 . . , • _ .4 _ _.........___ _. . 124 8 pr. - d / )6)/1 , , 3 4-4-- ;-•2 A----Z, /';-i •, A THE :CITY . :OF RENTON MUNICIPAL BUILDING "200 MILL'AVE. SO. RENTON,WASH. 98055, • n y , ' ' CHARLES J.".DELAURENTI ,MAYOR . • .DELORES A. MEAD oA0 CITY CLERK ` rED ��. • • • Re : Ap,peal: of: > xairtir�er' s= Recommendation,`.re.garding , • Pre'J' r in.ary :.�':ia. .r 1pp. 'icat on;' o.f'' res.tview Manor" Fa1`eW-070-77 Ta. Pa"rties of R"ecord.'' F . Appeal of Heariing "'E cams ne.r8 decision,' "regarding the above- . referenc"ed Prel:im,in"ary Plat applicatiot ".'ha.s " be:en , ffiled ': with„"this office: E�.02"ECE :IS. HEREBY-':GSVEN,.; to.:::all: parties -oa,f';. r.ecord;, that su"ch Appeal will be considered by 'the Rentcn C .t.y '".Coun"c•.il at it9 regular .m !eting 'of." October 10,:, 397.7 " at.' ";6 s,00 `P:M: •: in .the • - .. . Chamber".";. Second .Fl:oor, . t"en tan""Muni "ipa:l" 3ailding, ::2.(7Q. Ma'1_l Av'enu. S.ot2th Youvery "truly, De ores„`A. Head . City Clerk DAM:.mc Inc: .1-1eari ri - 'Exarii_ner's". letter "o f,;0/3r./.T,7 cc: F"inance" Di:rec.ter " tiay0r'' • City: 'ttornr�:' City Council T�e► berS . '1 a.n►i i nn Department ' � "✓" !,�- 1. i ,oaf , 1 • • • • • . • • • s `4 f - , a t, Y „J Y {_ } ,, PARTIES.QF. + L • RE•CORD/:ERADG ;�Inc Crestview Manor.:#1: ;: PP.=068=77„' E-069-77, W-070-7,7 Clinton Morgan • Marilyn Neu' Traffic'Engineeri'ng Division 1409 Blaine'Avenue N.E. City. of.; enton •R•enton-.',, WA .98055.` j • t Patrick Easter Margaret Blanchard 1 • B enso s'Ro ' 'n a$ '140' �B 1'' 1a e. • , • A`ven 'e Renton,:;,,:WA'- 9805,5 f`, ,Renton, WA'`'.98055 Gary Masterjehn Sue• Tasca r 1211 East Seattle Street `` 1•425 Blaine .Avenue' N.:E. • rr it Kent, WA 98031 Renton, WA 98055 Bob Jones'/ • Kenneth=Reinecke : 1308 D"a ton `Avenue N .E. 1 00. B " °{a Y„ 4 Twine'�`Avenue•�N Renton, _WA '98055 Renton,, WA 98055 Adrian'Sheely • Marie' Maresh. • r 1312 Da Eton Avenue N.E. } 141T Blazne,Avenue ' Renton;: WA 9805.5 -'; , Renton, WA 98055 t.� Wayne Wicks ",`•- 1323 Dayton Avenue." N E Renton, .WA 9'8055 a"} i • ryYY{f e .. F.. 'd. ✓t r�4 F - I • - k A I t i _ S 1 4�.�,.. z THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON, WASH. 98055 1:1 (o CHARLES J. DELAURENTI , MAYOR • LAND USE. HEARING EXAMINER Ap Q. L. RICK BEELER . 235-2593 FO SEPIt September 30, 1977 Members, Renton City Council Renton, Washington RE: Appeal of Examiner's Recommendation regarding Preliminary Plat Application of Crestview Manor No. 1, File No. PP-068-77, E-069-77, & W-070-77. Dear Council Members: On September 28, 1977 an appeal was filed with the City Clerk regarding the Examiner's recommendation, dated September 15, 1977, on the referenced preliminary plat application. The purpose of this memorandum is to clarify the issues and correct a misunderstanding that may have occurred. The appeal letter, dated September 28, 1977, essentially contains two issues: 1. Provision of a, physical connection from Blaine Avenue N.E. to Dayton Avenue N.E. ; and 2. Installation of off-site improvements. The first issue may be confused by an inadvertent error in the recommendation whereby two conditions required provision for a future roadway connection to Blaine Avenue N.E. The intent of the recommendation was to provide a connection to Dayton Avenue N.E. This may have confused the appellants by suggesting that no such connection from Blaine Avenue N.E. to Dayton Avenue N.E. would be provided, when in actuality, it was the Examiner's intent that the plat be redesigned to specifically provide for this future connection. With regard to the second issue, the recommendation was specifically conditioned. upon review and action by the Board of Public Works regarding installation of off-site improvements. It was the conclusion that the board, not the Examiner, by ordinance should review this request. Since the appeal period recently expired on September 29, 1977, the board would not review the case until later. The board has not yet acted. Attached for your review is the Examiner's recommendation and the letter of appeal. If you require additional information regarding this matter, please do not hesitate to call. Sincetely, EIV (R,c- L S EP 3 0 1977 L. Ri Beeler Hearing Examiner CITY COUNCIL cc: Gordon Y. Ericksen, Planning Director RENTON, WA Del Mead, City Clerk Attachment _t RECEIVED CITY OF RENTON F �27?A • NEARING EXAMINER • eNt.� ;'t.� 4�93 ! SEP 2 81971 AM PM SfP i977 7,8,9110,11,1211,2,3,4,5,6 RE � E�yL., �ti 4 u of r 03/ cutit(Sf September 28, 1977 E 3, City Council • Ci'.y of lepton Municipal Building 200 Mill Ave. So. Renton, Washington 98055 Re: Appeal of the Hearing Examiner's decision on the proposed • Crestview Manor #1 located on Blaine Ave. N.E. between . N.E. 14th St. and N.E. 12th.St. We, the residents and property owners of Blaine Ave. N .E. between N .E. 16th St. and N.E. 12th St. request a review of the` same. We ask : ;idccration of the following: 1. In a letter dated A.Igust 18, 1977 to Mike Smith the fire department recommended that "the proposed extension of Hlaine Ave. M.E. be routed east 100 feet to connect up with Dayton Ave. N .E. , N.E. 12th or.N .E. 16th", 2. The Public Works Department in an August 16, 1977 memo stated that "the waiver of off-site improvements May set a damaging precedent for future developments of this size" . ;. In a letter to Patrick Easter from the Planning Dept„ dated April 6, 1977 it wee stated that "this department recommends • that the propxosed street be connected to the existing Dayton Ave. N.E. which abuts the approximate middle of the east line of the subject site" . h. . In a memorandum from Del Bennett to Mike Smith dated August Z6, 077 it was stated that "we do not recommend a waiver of off- . • site improvements". • 5. In an interoffice correspondence from Don Monaghan to Mike Smith, dated August 17, 1917 it was stated that "it is not recommended that a waiver or deferral for off-site improvements be granted" . 6. In the Hearing Examiner's report,dated Sept. 15, 1977, under' con- elusion item #3 it was stated that the "connection of the two streets; Blaine Ave. N.E. and Dayton Ave. N.E., would,be in. the best interests of health, safety and welfare .of the neighborhood • -and community" and " in any event the connection of the two streets is appropriate at this time". • • Cif:, Council City of Renton Muni :pal Building 20:; '?i 11 Ave. So. Renton, Washington 98055 Septe:r, er 28, 197 Page 2 Re: Appeal of the Hearing Examiner's decision on the proposed ' Crestview Manor del located on Blaine Ave. N.E. between N .E. 14th St. and N.E. 12th St. • 7. The proposed addition would exceed the 500' cul-de-sac subdivison 'ordinance. 8. There are four :;ub:.iA isions in the immediate area that were not . allowed any waiver:, of off-site improvements. Camas Ave. N .E. north of N.E. 16th St. Blaine Ave. N .E. north of N .E. 16th. St. Dayton N .E. north of M.E. 12th St. Monterey Cc:urt N .E. north of N .E. 16th St. • In eonclusion: We, as residents_ and property owners, desire the subdivision to be developed in accordance with all ordinances and regulations governing • an area of thit3 size with no exceptions or exemptions. We do object to a waiver of off-site improvements and urge that improvements be built at the time of home construction. We strongly object to an increase of fire and traffic hazards that would be a result of a waiver of 500 ft. cul-de-sac ordinance. We urge that Blaine Ave. N.E. and Dayton Ave. N.E. be joined at this time and implementation be completed at the time of site development. aNt , • • M WM, igto AoL, w /yor *4g,dre ifloe Ave 1333 13,U4.4.A audi. • ,e.sicok . cil 2,42.47ibu teeiL71/CreAA-- t: (2e., N % / • 4 # N 2$( 77E. ' C 27 . /1/45 a gez-ru cefee. sx-- /i(tifja6edex: •friett.0.0.4at aet44..eAtAk. V:i:c4,1. n4c24.-ee, Pid/1.120.4;:<-2., Ci've e . /w), aetuu.€444/71e, ao4oe .86/4)eviA September 15, 1977 OFFICE OF THE LAND USE REARLftG AM I NER • CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL. APPLICANT: ERADCO, Incorporated: FILE NO. PP-068-77 Patrick Easter, President E-069-77 W-070-77 LOCATION: Blaine Avenue N.E. Between N.E. 14th Street and N.E. 12th Street SUMMARY OF REQUEST: Applicant requests preliminary plat approval of a proposed ten- lot single family residence subdivision, together with an exception from the ordinance requirement for a maximum cul-de- sac length of 500 feet (proposed cul-de-sac approximately 880 feet in length) and approval of a waiver of the off-site improvement requirements of the subdivision regulations, (i.e. , curbs, gutters, and sidewalks) . SUMMARY OF Planning Department: Approval subject to conditions RECOMMENDATION: Hearing Examiner: Approval subject to conditions PLANNING DEPARTMENT The Planning Department staff report was received by the REPORT: Examiner on August 30, 1977. 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 September 6, 1977 at 1:30 p.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were sworn. • It was reported that the Hearing Examiner and the applicant had received and reviewed the Planning Department report, and the report was entered into the record as Exhibit #1. Michael Smith, Planning Department, reviewed Exhibit #1, and entered the following additional exhibits into the record: Exhibit #2: Assessor's Map Exhibit #3: Plat Map Exhibit #4: Memoranda dated August 10, 1977 and August 15, 1977 from Patrick Easter to City of Renton Exhibit #5: Memorandum dated April 5, 1977 from Michael Smith to Files Mr. Smith read Exhibit #4 and #5 into the record. Exhibit #5 reported a meeting with the City Attorney at which he expressed a legal opinion that Blaine Avenue N.E. could be considered a public right-of-way for access purposes because of lengthy prior use and provision by the city for street lighting and other services. The Examiner questioned Mr. Smith regarding Exhibit #4 which detailed requests for waiver of off-site improvements and exception to the Subdivision Ordinance for cul-de- sac length. Mr. Smith indicated that Blaine Avenue N.E. was built to county standards and is an asphalt paved 24-foot wide roadway which contains no improvements of curbs, gutters and sidewalks. The Examiner requested Mr. Smith to contact a representative (from the Traffic Engineering Division to provide expert testimony regarding traffic • circulation in the vicinity of the site. Representing the division was: Clinton Morgan Traffic Engineering Division City of Renton PP-068-77 Page Two E-069-77 W-070-77 The Examiner asked for clarification of the division's response regarding the proposal of a cul-de-sac on Blaine Avenue N.E. Mr. Morgan reported that the proposed plan was acceptable provided utility improvements were installed. The Examiner asked for Mr. Morgan's expert opinion regarding impact of connecting Dayton Avenue N.E. and Blaine Avenue N.E. to provide access to the proposed plat. Mr. Morgan felt that the connection would be desirable but because of minimal traffic in the area and condition of the streets the developer's plan was adequate and. acceptable.. He also indicated that although the connection would aid residents in the area, existing collector streets, Aberdeen Avenue N.E. and Edmonds Avenue N.E. , would carry the major flow of traffic. ' The Examiner inquired if the proposed cross section of Blaine Avenue N.E. is adequate for a dedicated public street. Mr. Morgan reported that the cross section meets requirements of the Subdivision. Ordinance. Mr. Smith clarified ordinance requirements and stated that a profile cross section must be submitted and subject to Public Works Department approval. He indicated that a decision on the request for waiver would determine the design of.the street profile. The Examiner asked the applicant if he concurred in Exhibit #1. Responding was: Patrick Easter 3016 Benson Road Renton, WA 98055 Mr. Easter reported that he did not concur with the exhibit and outlined his objections to the Examiner. He emphasized his request for an extended cul-de-sac rather than the Planning Department recommendation for connection of Blaine Avenue N.E. and Dayton Avenue N.E. citing testimony from Traffic Engineering Division and objections of a property owner residing west of the proposed plat. He also stated that development of a cul-de-sac on Blaine Avenue N.E. would provide a turnaround for fire vehicles which presently does not exist. Mr. Easter staged that sanitary ,sewer and water lines would be installed from N.E. 12th Street to the northern boundary of the proposed plat along with installation of a fire hydrant at that boundary. He concurred with installation of curbs, gutters and sidewalks in the form of restrictive covenants at such time as residents formed a local improvement district in the area. He indicated that an amendment would be made to Lot 4 to meet minimum lot size requirements and all cross section and drainage plans would be submitted to various city departments for review. The Examiner asked Mr. Easter if a 15-foot easement connecting to N.E. 12th Street would be utilized for a walkway or for utility purposes only. The applicant reported that the easement would be used for utilities only. The Examiner asked for testimony in support of the application. Responding was: Gary Masterjohn 1211 East Seattle Street Kent, WA 98031 Mr. Masterjohn reported being a real estate agent representing the builder, J & W Construction Company, and noted that purchase of the property was contingent upon approval of the preliminary plat. He indicated that homes built in the plat would be of high quality and would ,be an asset to the existing neighborhood. He submitted a petition of 14 names of residents on Dayton Avenue N.E. protesting a connection between Dayton Avenue N.E. and Blaine Avenue N.E. because of increase of through traffic in the neighborhood. Mr. Masterjohn also indicated that a cul-de-sac concept was desirable to maintain continuity in the neighborhood and create a desirable environment for the sale of new homes. The petition was labeled Exhibit #6. Responding was: Bob Jones 1308 Dayton Avenue N.E. Renton, WA 98055 Mr. Jones indicated his concurrence in the application with the exception of granting a waiver for off-site improvements. He objected to a connection of Dayton and Blaine because of additional traffic and expressed a concern for access to 18 acres of undeveloped property located between Edmonds Avenue N.E. and Blaine Avenue N.E. and utilizing Dayton Avenue N.E. for access. • P[-068-77 Page Thr,.e E-069-77 W-070-77 Responding was: • Adriane Sheely 1312 Dayton Avenue N.E. Renton, WA 98055 Mr. Sheely expressed an objection to a connection of Dayton and Blaine because of sharp grade from Edmonds to Dayton and limited visibility on the corner causing potential traffic hazard to motorists. Responding was: Wayne Wicks 1323 Dayton Avenue N.E. Renton, WA 98055 Mr. Wicks objected to a connection of Dayton and Blaine but favored installation of improvements as part of the proposed development. He noted that sidewalks exist on Blaine Avenue N.E. to the north past N.E. 16th Street. The Examiner asked for testimony in opposition to the application. Responding was: Marilyn Neu, 1409 Blaine Avenue N.E. Renton, WA 98055 Mrs. Neu presented a petition containing 22 signatures which outlined seven points of concern by residents on Blaine Avenue N.E. including narrow condition of roadway, limited visibility at dead-end portion, lack of turnaround space, and possible damage by construction trucks. The petition also supported a connection between Blaine and Dayton; installation of curbs, gutters and sidewalks; and construction of homes of comparable value to existing homes in the neighborhood. The Examiner questioned Mr. Morgan regarding assumption of liability for possible street damage by construction vehicles. Mr. Morgan indicated that he would research the matter and make a report later in the hearing. Responding was: Margaret Blanchard 1401 Blaine Avenue N.E. Renton, WA 98055 Mrs. Blanchard asked that the city study the possibility of requiring the contractor to update Blaine Avenue N.E. to city standards if it were designated the main access to the proposed development. The Examiner asked the applicant to estimate the cost of updating 500 feet of a paved 24-foot wide roadway to city standards. Mr. Easter reported that an approximate figure of $70,000 would be required to install curbs, gutters and sidewalks and felt it was an unreasonable request to require a landowner to improve an already substandard street. He also noted that visibility would not be further limited on Blaine as a result of the development because of a 36-foot street width which would allow for parked cars to be out of the sight line of the existing right of way. Safety of children would not be affected by speeding vehicles because of the cul-de-sac concept, he stated, and construction trucks would be rubber-tired and not heavy construction equipment. The contractor would be responsible for cleaning and repairing the street, he noted. Mr. Wicks requested the applicant to install improvements at the present time. Mr. Easter responded that because of the financial impact, installation of improvements was not feasible and indicated his willingness to sign restrictive covenants to participate in a local improvement district at such time as the neighborhood desired installation of improvements. Mr. Sheely objected to reducing the width of Blaine Avenue N.E. from 50 feet to 36 feet. Mr. Easter explained that the 14-foot easement remained undeveloped for future city street development if the residents so desired. PP-068-77 Page Four E-069-77 W-070-77 , Responding was:. Sue Tasca 1425 Blaine Avenue N.E. Renton, WA 98055 Mrs. Tasca inquired about procedures for formation of a local improvement district and objected to utilizing a private roadway for access to the new development. The Examiner explained percentage procedure for formation of an LID and Mr. Easter referred to Exhibit #5 which reports a legal opinion by the City Attorney regarding the subject roadway. Discussion ensued regarding alternatives for access including utilizing Dayton Avenue N.E. for an extended cul-de-sac or connecting Blaine Avenue N.E. and Dayton Avenue N.E. Mrs. Tasca indicated her preference for either alternative rather than extending a cul-de-sac on Blaine Avenue N.E. Mr. Clinton Morgan reported that since the developer is bonded to the city by ordinance he is responsible for all damage to city streets caused by construction equipment and is required to make necessary repairs. The Examiner asked Mr. Morgan if traffic circulation studies for future single family subdivisions were made for the undeveloped area between Blaine Avenue N.E. and Edmonds Avenue N.E. during the Public Works Department review of the application. Mr. Morgan stated that the division had not projected future use of additional property in its review and felt 'that suitable access could be gained at the time of future development. Mr. Sheely asked Mr. Morgan where traffic would channel if property east of Blaine Avenue N.E. were developed and access provided to Dayton Avenue N.E. Mr. Morgan reported that traffic would channel out onto N.E. 12th Street. Mr. Jones stated that because of the proximity of freeways, shopping centers and the Boeing complex, traffic would channel through Dayton Avenue N.E. to N.E. 12th Street if a connection between the two streets were made and expressed strong objection to such a proposal. The Examiner asked for further testimony. Responding was: Kenneth Reinecke 1400 Blaine Avenue N.E. Renton, WA 98055 Mr. Reinecke objected to a cul-de-sac on Blaine Avenue N.E. because of narrow width of existing roadway and access for fire vehicles. Responding was: Marie Maresh 1417 Blaine Avenue N.E. Renton, WA 98055 Mrs. Maresh recalled dedication of a six-foot strip of property at the end of Blaine to prevent an extension of the roadway. Since the strip could not be identified on the King County Assessor's Map, the Examiner asked Mr. Smith to research the matter with the Engineering Division. Mr. Smith reported back that the Engineering Division did not have a record of a six-foot strip of property. Mr. Easter recalled that the strip had originally been shown as a buffer zone but had not been formally recorded and had since been removed from the map at the time of annexation of the area. Mrs. Tasca reported that when applying for a building permit in 1968 reference had been made by the Building Division to the 6-foot strip. • The Examiner asked for further testimony. Since there was none, the Examiner reported that he would close the public hearing to further public input, but wished to maintain the option to reopen the hearing should questions arise regarding dedication of the six-foot buffer strip when the matter was researched with city departments and the attorney. The applicant testified that he had no objection to the procedure. The hearing was subsequently closed at 3:25 p.m. PP-068-77 Page Five E-069-77 W-070-77 FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: FINDINGS: 1. The request is for approval of the Preliminary Plat of Crest View Manor No. 1 consisting of ten single family lots, an Exception from Chapter 11 to allow an approximate 880 foot cul-de-sac, and a Waiver of off-site improvements. 2. The Planning Department report accurately sets forth the issues, applicable policies and provisions, findings of fact, and departmental recommendations in this matter, and is hereby attached as Exhibit #1 and incorporated in this report by reference as set forth in full therein. 3. Pursuant to the City of Renton's Environmental Ordinance and the State Environmental Policy Act of 1971, as amended by R.C.W. 43.21.C. , 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 by the impact of this development. 5. All existing utilities are available from Dayton Avenue N.E. and N.E. 16thStreet. 6. The proposal is compatible with the required lot coverage requirements of Section 4-706 of the Code with the exception of Lot 4 which the applicant indicated would • be modified to conform. 7. Blaine Avenue N.E. is a cul-de-sac of approximately 580 feet in length which was part of a subdivision approved by King County prior to annexation to Renton. Testimony from the Planning Department in Exhibit #5 indicated that the street is a public street per counsel of the City Attorney. This street is not developed to the off-site improvement standards of Chapter 11. 8. Dayton Avenue N.E. is a cul-de-sac of approximately 750 feet in length of which the western portion is only 25 feet in width and about 350 feet in length. This plat is improved to city standards except the western portion. 9. The central issue in the application was whether Blaine Avenue N.E. and Dayton Avenue N.E. should be connected as recommended in the staff report. Residents abutting Dayton Avenue N.E. were overwhelmingly in opposition to this through connection. No other points of access to the property were presented. The Traffic Engineering Division of the Public Works Department testified that both the proposed cul-de-sac and through connection were acceptable. The latter was expressed as a "desirable" access. Connecting the two streets would necessitate reducing the proposal by one lot. 10. A 15-foot utility easement connects the preliminary plat to N.E. 12th Street and is intended to be used exclusively for utilities. 11. Waiver of off-site improvements is a process available under the short plat process (Section 9-1105) . This application is for a preliminary plat and, therefore, this type of request more appropriately falls under the Deferred 'Improvements procedure of Section 9-1106.3.H. (b) and 9-1108.21. Per the procedure of Section 9-1108.21, the Board of Public Works is to act upon requests for deferred improvements. 12. Section 9-1108.7.K requires that cul-de-sacs be no longer than 500 feet in length. Such a requirement may be deviated from through the procedure of Section 9-1109, Exceptions. The Examiner must conclude the following: A. That there are special physical circumstances or conditions affecting said property such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use or development of his land; B. That the exception is necessary to insure such property the rights and privileges enjoyed by other properties in the vicinity and under similar circumstances; C. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the vicinity. 4 ' PP-068-77 Page Six E-069-77 W-070-77 13. Reference was made in the public hearing to a 6-foot strip of land or easement at the end of Blaine Avenue N.E. which would potentially prevent the use of this street or access to the proposal. In the attached memorandum from the Public Works Department, dated September 12, 1977, the City has no records of this parcel of land. No concrete evidence was entered into the record to substantiate the existence of the parcel. 14. Sufficient Opportunities exist for access for the remaining undeveloped areas in the block between Blaine Avenue-N.E. , N.E. 16th-Street, Edmonds Avenue N.E. and N.E. 14th Street. CONCLUSIONS: 1. The proposed subdivision conforms to the goals and objectives of the Comprehensive Plan and the Land Use Report. 2. Relief from the required off-site improvements can be sought from the Board of Public Works per Section 9-1106.3.H. (b) and 9-1108-21. The applicant expressed the willingness to covenant future property owners of the plat to participate in an L.I.D. with the existing property owners north of the plat. While the Board of Public Works must determine whether or not to grant the deferral, it seems appropriate to comment briefly upon the basic request. The purpose of the deferral is to defer ". . .certain off-site improvements. . . " for a maximum of two years (Section 9-1108.21) based upon justifiable reasons and upon submittal of a specified performance bond. No testimony was entered into the record stating the reason for the basic request other than economic relief. . I 3. Options for access to the property exist which is often not the case in proposed extensions of cul-de-sacs. This property can form the end of the long cul-de-sacs of either Blaine Avenue N.E. or Dayton Avenue N.E. , thereby creating cul-de-sacs in excess of the 500 foot limit. But the option exists within the proposal to connect the two cul-de-sacs, thereby creating a through street and precluding nonconforming cul-de-sacs. Although the western .portion of Dayton Avenue N.E. is only a half-street, for all purposes of consideration it can be concluded that either only single family homes will completely develop along the street (including dedication to a full street) or access to the property north possibly will connect to Dayton forming al through connection to N.E. 16th Street. It seems implicit in the Chapter 11 (Subdivision Ordinance) limitation of a 500- foot cul-de-sac (Section 9-1108.7.K) that the limit should be applied if reasonable through access is available to the property to obviate the need for an Exception (Section 9-1109) . Unless through access cannot reasonably/feasibly be provided, the Exception may be necessary in order to develop the property. The subject property possesses the potential for through access but the connection to Blaine Avenue N.E. appears to be in the future pending subdivision of the adjacent undeveloped property. Provision for the connection can be incorporated into this' plat in any event. Since the provisions of through access to connect N.E. 12th Street and N.E. 16th Street can be made in this proposal without unreasonable hardship or impact upon the applicant, to do so would be in the best interest of the health, safety and welfare of the neighborhood and community. This appears in conformance with good; traffic planning and land use planning principles including a comprehensive viewpoint of ultimate development of the neighborhood. At some time the undeveloped property will be subdivided, and the through access will become more important in the review of the proposed designs. The connection of Blaine' Avenue N.E. and Dayton Avenue N.E. potentially will become access to these properties; however, the equal likelihood exists that the undeveloped property north of Blaine Avenue N.E. may access via cul-de-sacs or loop roads to N.E. 16th Street. In any event, the connection of the two streets is appropriate at this time. 4. Provision for the connection through the plat will necessitate redesign of at least the eastern half of the site plan. One lot will probably inevitably be sacrificed unless a totally new design is created. The off-site improvements will necessarily be expanded to include the connection. PP-068-77 Page Seven E-069-77 W-070-77 5. The Exception should be disapproved on a permanent basis but allowed on a temporary basis due to the connection to Dayton 'Avenue N.E. being opened at some time in the future. Until the opening, Blaine Avenue N.E. will for all purposes be a nonconforming cul-de-sac. Requiring the applicant to completely implement the connection is unreasonable (Section 9-1109.A) since completion depends on future actions of other property owners and an easement offer has already been refused. Temporary use of the nonconforming cul-de-sac is necessary to permit development of the plat until the connection is opened (Section 9-1109.B) . For the indefinite period until the connection. is made, the lengthy cul-de-sac will not be detrimental to the surrounding affected properties (Section 9-1109.C) . 6. The 15-foot utility easement is proposed to be exclusively used for utilities. Because of the nearby location of McKnight Middle School along N.E. 12th Street it appears appropriate that the easement also include a pedestrian walkway to connect Blaine Avenue N.E. to N.E. 12th Street. This walkway would help mitigate pedestrian impacts from the long cul-de-sac and lack of a through connection to N.E. 12th Street. RECOMMENDATION: Based upon the record, testimony and evidence submitted at the public hearing and the thereafter submitted attached memorandum, it is recommended that the City Council approve the preliminary plat of Crestview Manor No. 1 subject to the following: 1. Modification to Lot 4 to comply with the required minimum of 7200 square feet of area. 2. Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 3. Inclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E. 12th Street. 4. Board of Public Works action regarding the Deferral of Off-Site Improvements. It is further recommended that the request for Exception from Section 9-1108.7.K be approved subject to: 1. Redesign of the plat to incorporate a roadway connection to Blaine Avenue N.E. per specifications of Chapter 11, Title IV. 2. Inclusion of a pedestrian walkway within the 15-foot utility easement connecting what would be Blaine Avenue N.E. and N.E. 12th Street. ORDERED THIS 15th day of September, 1977. ,; ‘14116.— L. Rick Beeler Land Use Hearing Examiner TRANSMITTED THIS 15th day of September, 1977 by Affidavit of Mailing to the parties of record: Clinton Morgan Patrick Easter Gary Masterjohn Bob Jones Adriane Sheely • Wayne Wicks Marilyn Neu Margaret Blanchard Sue Tasca Kenneth Reinecke Marie Maresh PP-068-77 Page Eight E-069-77 W-070-77 TRANSMITTED THIS 15th day of September, 1977 to the following: Mayor Charles J. Delaurenti Council President George J. Perry Councilman Richard M. Stredicke Warren C. Gonnason, Public Works Director Gordon Y. Ericksen, Planning Director Ron Nelson, Building Division Gerard M. •Shellan, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before September 29, 1977. 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. Copies of this ordinance are available for inspection in the City Clerk's office, first floor of City Hall, or same may be purchased at cost in said office. • I .. i •. h MEMORANDUM DATE: September 12, 1977 TO: Rick Beeler, Hearing Examiner FROM: Clint Morgan, Traffic Engineering SUBJECT: Blaine Ave. NE - Tract 231 An examination of the Deeds £t Easements file for Hillman's Lake Washington Garden of Eden No. 4 does not make reference to an alleged 6 foot easement at the south end of the tract 231. CEM:ad File Reference: OPR - 3.1 Deeds $ Easements Hillman's Garden of Eden Tract 231 - R. Peterson RECEIVED CfTY OF RENTON• HEARING EXAMINER n 1 3 1971 AM PM 7iii9119,11112►1 i2131445,6 L II • toviliroct • - GARY MASTERJC. • ASSOCIATE 3016 Benson Road South Renton,Wash. 98055 (206) 228' ' - I i NE I4 1N 5f _ _ - - ;I; ip .Br s� n. ,,A . U °{ivi C lita o . ,.a o J 1.. 4 - • — 41nriSr vi, Da El lam . 6 miwA"'""' 1 • A a , . . . . . .. . . a C3 0 U. - o - • • a'' - 0 ai „,4 . . ,.® IA ,, , Ii * F . .,,, ,,,,,„,,,,...y., . i•;%,, dill,/, s fo. ,,, ,,, ,,,,c",..,..k.„..... , ,,,; Q . ion Ida , !//�%iJr,i A a _ - � • • . _ , / / J ',: ''/ ' . ,.€3 k 43 :, • Trall i ' ' - Ida in , . . . . 41 ism in ?i ,.. r.I'''.11 T.3 iti . cal nem . . _. , . . . • . p gil l ill Sf ems, ' 'Gni., . . 0 iiii=1 . got 0 v Rim .. . . 4. GI to a.. o F:31 0 i 0.. . . .. • . oprii.„--- .. o . 0 ,,oF.r I40414 AN ffE _ • • 1111.1. . . f6A14 it tuo. . tuIJk'f . rwv MA IA' I . pp-ow,-77 t - 641-77 . - 070-11 ' ' . ' _ . 1 ; . G-7200 , ,,. .. 1 ,• • R-I •.i )72 , , Ia .II.• \\\ ' ' .\% 1 � • I : • . •I'. A4. , I.� 11`1.Is I I• v., • : � •• ' �,. . .. . ,, .., AR l . ,. , \"~„ s G=TOE �f � \ R ;,-..... 1,:. 1,',, , 1.d..4-;..?., -.. - . : : si 4 . ,f././ Ft— , vl� .. ltl il it f , 2 • ., l ' .1 ` , .. ::",. aa.1r ' ' • i b F1 .' I I , :.y, ,i • wI ,C: ; y}'; ,.,: a , : 4 vi , I PRELIMINARY PLAT APPLICATION; EXCEPTION TO SUBDIVISION ORDINANCE; AND WAIVER Of OFF__S•IT.E IMPROVEMENTS . ERAUCO, INC. ; PATRICK EASTERs PRES. (CRESTVIEW MANOR No. I) ; Appl . No. • PP- -7 0667 App1 ._ tlo. E-069-77; and .Appl No. W -070-7I; property located on_•Blaine Avvenue N.E. between N.E. 14th Street and N.E. 12th Street. : ' • ERADCO',. INCORPORATED., PATRI=C-K EATER PRES. • APPLICANT_ �Rl$TVj� LVIQLIIII1 - O --/ 2.7 Acres PRINCIPAL ACCESS_ 81 a 1 n e_,_A v..p y,Q N.E-___.__---_----=- , EXISTING 7UNING G,7200. - ------- • EXISTING USE Undeveloped . PROPOSED 'USE Si,nyl_e-Fami 1 y -""' d i ti'l COMPREHENSIVE LAND USE PLAN_._. P9le-FAniily Bwcidentlil • COMMENTS --__