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HomeMy WebLinkAboutLUA69-637 • INTER-OFFICE MEMO TO: Helmie Nelson, City Clerk DATE January 19 , 1970 FROM: Gerard M. Shellan, City. ATtorney RE: Rezoning Ordinance ' / Dear Helmie: 7 Enclosed herewith is original and :three: .copies of a proposed Rezoning Ordinance which you should check over. Please have the Engineering Department verify the legal description. Gerard M. '.S.hë'Ilan GMS :nd Encl. INTER-OFFICE MEMO DATE: 3 � lib au7r� TO: Helmie Nelson, City Clerk FROM: Jack wilson, City Engineer RE: T+ S— tift..• I hereby certify that the legal description contained in the attached fy1� of the Ti4c property is correct. J Wilson, City En.i eer Fy ", O1+7ICE Or THE CITY CLERK a RENTON,WASHINGTON RtNTON MUNICIPAL BUILDING, RENTON, WASHINGTON 98055 BA 8-3310 +,ysa , Jos .zary 22$ 1970 • Mr, Bruce Mahler, Land & Tax Agent King County Assessor' s Office. County Court House, Room 201 Seattle', Washington 98104 Dear Sir: Enclosed is a certified copy of ordinance No, 2540 changing the zoning of certain properties within the City of Renton, as passed and approved on this 19th day of January 1970 0 Very truly yours, CITY Off" RENTON wse Helmie W. Nelson City Clerk k1WN/h Enclosure (1) • -7-'1 MINUTES - RENTON CITY COUNCIL MEETING 1/12/70 OLD BUSINESS BY COUNCIL : (Cont. ) Street and Alley Chairman Clymer reported additional public Committee Report telephone booth was granted to be located on North 3rd Street and Williams Avenue 1/5/70 Referral with South , as requested by Pacific NW Bell power to act . Telephone Company . Legislation Committee Chairman Perry submitted report recom- Report - Narcotics mending that the City Clerk send a letter legislation, Referral and Town of Milton Resolution No. 503 to of 12/22/69 the 47th District Legislators requesting their support of same. MOVED BY BAREI, SECONDED BY EDWARDS, TO CONCUR . THE MOTION CARRIED. Railroad crossing access at Baxter Councilman Stredicke inquired whether property site the railroad crossing matter at the (Park property) Baxter property needed referral and it was noted the matter is in committee and. is being worked on in regard to alternate routes . Planning Committee Chairman Maxin submitted report recommending Report that proposed Ordinances granting change in Comprehensive Land Use Plan and rezoning for Transamerica property be referred to the Law and Ordinance Committee , the Planning Committee approving the revisions . MOVED BY STREDICKE, SECONDED BY EDWARDS, TO CONCUR WITH REGARD TO COMPREHENSIVE LAND USE MAP REVISION. CARRIED. MOVED BY STREDICKE SECONDED BY BRUCE, TO CONCUR IN REZONE AND REFERRAL. CARRIED. BAREI AND SHANE VOTED NO. The Planning Committee recommended that wording and use of the Comprehensive Land Use Plan and/or Map as a supplemental zoning map be reviewed by the Planning Commission , the City Attorney and the Planning Committee, MOVED BY SCHELLERT, SECONDED BY MAXIN, TO CONCUR . After discussion regarding color code and respective association with zoning actions , the pending motion CARRIED. BAREr AND SHANE OPPOSED. Fire and Water Chairman Bruce submitted Fire and Water Committee Report Committee report advising that, City of Renton responsibility for fire protection Kennydale Island of the Kennydale area was assumed at fire protection midnight , December 23, 1969 and arrang,,,e- service ment had been made heretofore with Chief Referral of 1/5/70 Denny of District 25 to relay any calls to Renton . Dist . 25 station equipment belongs to that district and will remain its property . Mayor Garrett will prepare letter of welcome to people of this area which will include the emergency numbers . Fire Department Fire and Water Committee Chairman Bruce Ambulance requested more time to consider purchase Referral of 1/5/70 of ambulance for the fire department . Granted. Property Committee Chairman Barei reported committee recom- Report -Monterey mendation that the city release the Monterey Terrace Pylon at entry Community Club from Hold Harmless Agreement to area , Referral of in connection with the entry way Pylon , November, 1969 and insurance premium expense, the Club to continue maintainance and upkeep of the \i\\ pylon .MOVED BY BAREI, SECOND BY SHANE TO CONCUR . CARRIED. • • January 12,• 1.970 The Planning Committee makes the following recommendations: ' • 1 . That the .proposed Ordinance. . granting. Comprehensive ' Land Use P1anRevisionre Transamerica Property be 2 . That the proposed ordinance rezoning Transamerica property" be. approved , " • 3 . The Committee recommends that ,the" wording and use of the -Comprehensive Lafld ..Use, Plan and/or 'Map as a supplemental= zoning map be reviewed" by the Planning Commission, -the City 7ttoin'ey, and the Planning Com- mittee• "for ,recommendation . • • • Paul Ma.sin, Chairman , 'Planning Committee PM:s ' r r MINUTES - RENTON CITY COUNCIL MEETING 12/8/69 COMMUNICATIONS AND CURRENT BUSINESS: PLANNING COMMISSION Letter from Planning Director Ericksen submitted Rezone Recommendation recommendation that property of Transamerica:. • Transame'rd ca TITLE Title Insurance Company, NE. corner of Benson Hw' I1/SVRANCE' CO. ; BENSON and Puget Drive South , be rezoned from R-4 to B-. HWY. AND' PUGET-.DRIVE said zoning in agreement with the Comprehensive Land Use Plan , Appl . 637-69 . Upon inquiry it was noted restrictive covenants have' been filed. MOVED BY SCHELLERT, SECONDED BY EDWARDS, TO CONCI IN THE PLANNING COMMISSION RECOMMENDATION TO GRA! THE REZONE. Stredicke abstained. Discrission en- sued.Y,Conoerni: ag.k>proposed'. de: al.opment 'and Barei u'rgea :redo ndi:dera1t'.i'on of previous actions . It ' was noted rezone cannot be effected until -the Ordinance is adopted changing ,the Comprehensiive Land Use Plan , referred to the Law and Ordinance Committee previously . MOTION CARRIED. MOVED BY • GRANT, SECONDED BY BAREI, THE WHOLE MATTER BE RE. FERRED TO THE PlANNING COMMITTEE!, CARRIED. Board of Public Letter from Gordon . Y. Ericksen , Chairman , Board Works recommenda- of Public Works ,reported 'completion of- review of tion re 6-Yr. Street Six-Year Street Program for 1970-1975 , which Program, 1970-1975 program is revised and filed with the State' on an annual, basis . It was recommended thatf since public hearing must be held prior to Counc: approval of the program , the December 22nd counc� meeting be set for hearing on the matter. MOVED BY DELAURENTI, SECONDED - BY MCKAY, TO CONCUI ' THE MOTION CARRIED, Summons and Complaint Summons and Complaint filed against the Citywas filed against City by presented .o-b.Jecting to. annexation election of.,.Ta.i Water District No . 78 "Island" ,area served by Water District 78 , re Talbot Hill annexa- attention directed to Agreement of-__May _l ., 1962 tion election . providing .that . the City would not Consider 'petitj unless 75% of• said Water District would petition for annexation . MOVED BY BAREI,_ SECONDED BY SCHELLERT, TO REFER THE' DOCUMENTS TO THE CITY , ATTORNEY. Dilring dis- cussion attention was called to new laws allowing cities to annex areas they completely surround. and to the. fact that people. were being given. an opportunity to say whether they want to annex or not and if they do. not the question is- mute . It . was pointed out, no. restraining order is 'involved and the city can proceed with an election ,.,.if so desired. MOTION TO REFER CARRIED. Allied Arts of Letter from Norma Cugini , President , Allied Arts Renton re _Cedar .River of Renton , noting recent presentation on Cedar River Design Study , by the Planning Department ar commentary by Mr. Dick Stredicke , expressed much enthusiasm for the completion of the , project whic program was felt to be an important one, to the community . Communication was ordered filed in the records office . Renton Little Theatre Letter was read from Dale Waller, President of th Renton Little Theatre expressing appreciation for support of the new Carco Theatre . Assistance of the group was offred in any way during planning and construction phases of the new building. Phone' EA . 9-8134 or BA. 8-5715 . MOVED BY DELAURENTI:, SECONDED BY SCHELLERT, TO RE THE COMMUNICATION TO THE PARK BOARD. CARRIED. -3- MINUTES - RENTON CITY COUNCIL MEETING 11/24/69 PUBLIC HEARING : Request for revision to Comprehensive Land Use Plan Transamerica Development This being the date set , the hearing was Company. Multi-family declared open- Planning Commission report residential to commercial recommended that' -a change.-be granted on the vicinity of Benson Hwy . -- parcel 30A with restrictive covenants noted. Puget Drive So . Inter section , NE corner known Audience comment was invited and Mr. Frank as Parcel 30A. Cenkovich inquired effect on his property and it was noted he is some dist,rance from area in question . Mr. Jack Maher, 1307 Thomas Lane, Trans- america Development . Company ,."outlined' the. proposed development of a shopette on a 3'.75 acre site . Drawings were displayed as had been ..prepared by consulting firms who had re- viewed entire holdings of the developers and progress to date which ,included programs for Transamerica , Bell and Valdez, Victoria Park, Pepperidge and_ Rolling Hills , and advised in looking to the future and population projectic that action be taken accordingly to continue, -current request , an outcome of the study. Shoppette in design of the Thunder Hill styl.ir was planned and facilities to be of highest standards - and quality were projected. in. detail to function as neighborhood pedestrian. facilit Provisions of Restrictive Covenant were read. Traffic control was discussed, Traffic Enginee Del Bennett noting improvements to follow in this regard. Benefits of . assessed valuation , opportunity for merchants end _additional busi- ness was noted and time factor in scheduling deemed of essence ; zoning and progressive timi for development problems to be resolved . Con- currence in the Planning Commission recommend tion was requested. Discussion ensued regardi future street improvements with subsequent de- velopment , Grant Street specifically noted to go all the way through . Mr. Tom Morrow, Attorney for Transamerica , outlined actions taken and pending B-1 rezone matter,noting Planning Commission recommendations . approving same as compatible, restrictive covenants ;-again reviewed and provision for their relinquishment if zoning has not been effected, by February 1 , 1971 . Convenience 'of proposed facility was mentioned along with Seattle Ordinance .ba.sing.. zoning- on sq. ft ., and -adapti-on 'in -the ..public interest w urgeda 'Sbme 'discussion followed concerning viewpoint the Planning ..Comm.ission2:could..grant the .rezone without. .request , pursuant to' the ': - . interpretations of Comprehensive Plan purposes which Schellert read , Attorney Morrow agreeing After some further edmarks regarding traffic, downtown Renton and alternative location; for the subject project , it was MOVED BY GARRETT, SECONDED BY PERRY, TO CLOSE THE HEARING . CARRI The hearing was- declared closed and council action invited. MOVED BY, GARRETT, SECONDED BY MAXIN, TO CONCUR IN THE PLANNING COMMISSION RECOMMENDATION WITH REFERRAL TO THE LAW AND ORDINANCE, COMMITTEE. CARRIED. -2- _ 1 , \ • 5 RE_NT041 VILLAGE PL J ),igr ---_ --—- -- - ''' ~ ' [, T•r � , ‘, ' , ,•1111 I - —I R MD 4 __ ---- . - ____ , , , �iRt1 - 4 Gs_ I , s + 1 Pi I I I I 111 I I I 11 I I I I I I I I I 1 �ry1, ,- ,__ 53, 47 46 I45 I-4 �� . I , 1 \ L .r I - ` \\ MI 8 9 to,,Ix 13�4 15 16 V IS 1•20.2i»ca, ' IJ 55 49 1 42—J 2 4• \ v �� ] $E r` P, +E 6, T ` N sb---- _ 49 _ 3J , �' . `- --- �c 6�-7 : 14+M .Q 111'SIT •rP. .'{. Q�' ���..._��..l._,, • f \` \ 4 �O 41!` Ix 17 5 9 C* 6 .$ 9" 3] I"9r ta o f T' ley •• 3 3 10 II le .` x 3 4'S { �f] ��, _. i • •_ • •gaff 1R11:.J� . \ ` 5-E ,BM T 1 y. .n,� k_ • illiiir 1-.1. _ , , \ \ , s ,.rt T 1' \ • R-2 ,-,t,,, .,.,--ft f .1.! .._ 111 . ,. , , , ,,,,„ k 4, v 3� 9T V� \ I` 4 ~t�s �,�z vv" �•,..„. IINNOM 'r-- ° I �D-1, 1 LL 9 441� . 9 [,e I .4 ig r. t2 A'` I _iii. �� �• 'I•'SQJ� .r�Qr� :e ., •i^ 33 t r DR'�E ..1:_ 111��� V►• :: , mM�j ]7 iB I ;N �'� I 2u I jSR ---1---- —. O ,�_ - 1 I •/ t. o' m I- , 4 • • t] 4 i --; /3 G.....9 600 • . �., -. r, i• I Transamerica Development Co . SE Cl! 00 2 t,r 79 s/ i 1� 3_ bTt B ' 1 ` t I r • emu k \ l' ... I I r ‹/ rAJ �� F• JI r r , • s JR � ig, , i I If _ ] .4 l /f : 7�1 . 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R-4 (RESIDENCE) to .B-i (BUSINESS DISTRICT) WHEREAS under Chapter VII , Title IV (building Regulations) of Ordinance No. 1628 known as the -Code of General Ordinances of the City of Renton'' , as amended, and the maps adopted in conjunction therewith, the property hereinbelow described has heretofore been zoned as R-4 ( Residence ) WHEREAS a proper petition for change of zone classification of said property has been filed with the City Clerk on or about November 4 , 1969 , which petition was duly referred to the Planning Commission for investigation , study and public hearing, and a public hearing having been held thereon on or about November 26 ,1969 , and said matter having P been duly considered by the Planning Commission and said zoning request being in conformity with the City' s Comprehensive Plan , and the City Council having duly considered all matters relevant thereto and all parties having been heard appearing in support thereof or in opposition thereto, NOW THEREFORE, BE IT ORDAINED BY TIlE MAYOR AND THE CITY COUNCIL Or THE CITY or RENTON, WASHINGTON, AS FOLLOWS SECTION I The following described property in the City of i Renton is hereby rezoned tous4nessstrct as hereinbelow specified ; the City Engineer and the Planning Director are hereby authorized and directed to change the maps of the Zoning Ordinance , as amended, to evidence said rezoning, to-wit ' See Exhibit "A" whi-ch is incorporated herein and made a part hereof as if fully set forth herein. (property located northeast corner of Benson Road S. and Puget Drive S . ) did d SECTION II : This Ordinance shall be in full .'01Y,ce and effect from and after its passage , approval and legal publication . PASSED BY THE CITY COUNCIL this /f fj day of January , 1970 )34fiao CC ),.- laix---.4.,‘.._____ _,...,„ :.-act; Helmie P1e19 ] k ,444 APPROVED BY THE MAYOR this /qm day of January., . -970 47141/2 - Approved as to form: Avery arrett, Mayor X xxVtilacx= " ,x AOWYA City Attorney Date of Publication : /-- ?3 o -2-- r EXHIBIT "A" Q,4 # a4.Az—,,,,, A. That portion of the SW 1/4 of Section 20, Township 23N, Range 5E. , W.M. , also being a portion of Parcel No. 30 as described in instruments recorded under Auditor's File Nos. .5959604r' and 6150334 described as follows: Beginning at the NW corner of said SW 1/4; thence N 89010' 20" E along the north line thereof a distance of 344.88 feet to a point on the northeasterly margin of Benson Road; thence S 16016 '56" E along the northeasterly margin of said road a distance of 980 .73 feet to the True Point of Beginning of said Parcel 30; thence continuing S 16016 '56" E a distance of 349.25 feet to the True Point of Beginning of parcel described herein; thence continuing S 16016 '56" E along said margin a distance of 28 .00 feet to an angle point; thence S 21020'40" E along said margin of Benson Road a distance of 346.25 feet to the margin of intersection of Benson Road and Puget Drive; thence S 57025 '58" E along said margin a distance of 138 .39 feet to the northerly margin of Puget Drive; thence S 88°50'40" E along said margin a distance of 335 .00 feet; thence N 21050 '14" W a distance of 458. 25 feet to the southerly boundary of Parcel No. 40 as described in instruments recorded under Auditor's File Nos. 6517071 and 6517072; thence N 89016 ' 56" W along said boundary a distance of 415 .00 feet to the True Point of beginning. Subject to easements of record (Containing 3.75 acres more or less) ;mall situated in'-Xing--Courrty.;-. State of Washington IL' / ' i "kAtevt- -L, Pe-dta4401-- /e4.61 (A:ye- tre... 0.....A.A c of © A 11 , I�i 6 5 a�.ok fiq �eaid ,,�d I -, cVL li 65 t 123"C I • '' C - , January 12, 1970 The Planning Committee makes the following recommendations: 1 . That the proposed Ordinance granting Comprehensive Land Use Plan Revision re Transamerica Property be approved.. ---,.. ,. , .<r-- - ---/--- ------/ ci--- . .7- L. -% - -.. •.--1.--06.4.-0"-r---2.-, 4-1--- ( 2 . That the proposed ordinance rezoning Transamerica property be approved. 3 . The Committee recommends that the wording and use of the Comprehensive Land Use Plan and/or Map as a supplemental zoning map be reviewed by the Planning Commission, the City Attorney, and the Planning Com- mittee for recommendation . , . 7-----\ 7 /1 ,-- I „" ( /7// ,/ 7-1-7,7Zi4_,(_,L,„<.. / r , c. __;:it.1... -1 Paul Maxin, Chairman Planning Committee PM:s • • ----, ..(-- _,` I ./ ( , • „ _-1...,..---• , .? ..,7-.. • ./,6,_.z..., .-e-e,./,,..c-,----41...___--- , ..- . •.', . , . . . • . • • MEMORANDUM • Deqember 26, 1969 TO: Paul Hexing Chairman, Council Planning Committee FROM: Gerard M. Shellan, City Attorney Re: Comprehensive Land Use Plan Change Transamerica Title Insurance Company Your file No. R-637-69 Dear Paul: Thank you for your Memo of December 19, 1969 regarding the ,above captioned matter. Unfortunately I have some difficulty ascertaining the legal question involved as to whether a change in the Comprehen-, sive Land Use Plan is actually required. I have, of course,' not looked at the Land Use Plan as it pertains to this area but it would seem to me that if same is designated as "high density multi-family residential" then certainly a change or amendment would have to be made if such designation is to be changed to a business or commercial use. It further seems to the underpigned that the matter of "intent" could not be conclusive and binding unless such "intent" is properly evidenced on the Comprehensive Land .Use Plan itself, or its accompanying data. If, on the other hand, our Comprehensive Land Use Plan and the docu- ments in -relation thereto allow a "neighborhood _shopping, area" .as • part and parcel of a "high density multi-family district" and this area so designated, then no further modification by means of an ordi- nance would be required to change the Comprehensive. Land Use Plan. This would strictly then be a matter of discretion to be exercised by the Planning Commission and the City Council whether such rezoning • should be allowed. Furthermore, you should keep in mind that once it is rezoned to business, if so permissible, and in the absence' of re- strictive covenants or some other Contractual agreement, the property • owner could then utilize said area, when so rezoned, for any purpose • permitted under B-1 classification. • If I misread your inquiry in any way and you need any additional ' legal interpretation of our appliable ordinances9 please give,-tae = . a callrand I shall supplement this letter to you or meet with your committee at our mutual convenience.- We remain, with best regards Gerard M. Shellan • GPM:mt boo: Mayor Pres. Council Planning Director City Clerk a . 4t PLANNING DEPARTMENT • RENTON,WASHINGTON MUNICIPAL BUILDING • RENTON,WASHINGTON 98055 • BA 8-3310 . p ,,ysAoR F14 December 5, 1969 r CA PITA'r 0 The Honorable Avery Garrett, Mayor Members of the City Council Renton, Washington Re: Planning Commission Recommendations Gentlemen: The Planning Commission has completed its review of the following rezone applications: . FIRST INVESTMENT COMPANY, Appl. No. R-364-66; rezone from G to T; property located southeasterly of Greenwood Cemetery and westerly of Union Avenue NE and SE extended Total Area--29+ acres Principal Access--Union Avenue NE Existing Zoning--G Existing Use--undeveloped Proposed Use--mobile home park Comprehensive Plan--multi-family residential Upon completion of its review, the Planning Commission recom- mended approval of the request to rezone from G to T. The zoning requested is in agreement with the City of Renton Com- prehensive. Land Use Plan. _ sr- TRANSAMERICA TITLE INSURANCE COMPANY, Appl. No. R-637-69; re- zone from R-4 to B-1; property located northeast corner of Benson Road S. and Puget Drive S. Total Area--3.5 acres Principal Access--Benson Rd. S. and Puget Dr. S. Existing Zoning--R-4 Existing Use--undeveloped Proposed Use--commercial Comprehensive Plan--commercial Upon completion of its review, the Planning Commission recom- mended approval of the request to rezone from R-4 to B-1. The zoning requested is in agreement with the Comprehensive Land Use Plan. Very truly yours, 1ningDctor on Y. cksen •, ry. ^ C.7''ki.----;(1--'4•). — siliv''' - A--" ' i j1-46-1.--d. ' '— am M��A.n/�3�CO� n AT naxem°? �(RANSAMERICA Vfl-LU INSURANCE!COMPANY ' • cam` i • • LARATION OP RESTRICTIVE COVENANTS . OQ WHEREAS, TRANSAMERICA TITLE INSURANCE COMPANY, a lQ California corporation, as trustee holding title to the fol— lowing real property in the City of Renton, County of King, ':::' , .• . • State of Washington, described as follows: �_ S • -►il erk- 0 4 . (Portion of Pa.*.el )0 re..,,....1 f.,r 3,45r,tty) e2f,0:C.. That portion of the Si 1/4 of Section 20, Township 23N. Range 5E.. W.H.. I 1 also being a portion of Parcel No. 30 as described in instruments re_ r. `t corded under Auditor's File No's. 5959604 & 6150334 described as follows: • • • Beginning at the NW corner of said Si 1/4; thence N 89°10'20" E along 1i the north line thereof a distance of.344.88 feet to a point on the I • • northeasterly margin of Benson Road; thence S 16°16'56" 3 along the northeasterly margin of said road a distance of 980.73 feet to the. ; . • True Point of Beginning of said Parcel 30; thence continuing S 16°16'56" E. : a distance of 349.25 feet to the True Point of Beginning of parcel described • herein; thence continuing S 16°16'56" E along said margin a distance of • • 28.00 feet to an angle point; thence S 21°20,40" E along said margin of Benson Road a distance of 346.25 feet to the margin of the intersection of Benson Road and Puget Drive; thence S 57°25'580 1;along said margin a 1 } distance of 138.39 feet to.the northerly margin of Puget Drive; thence , . S 88°50'401 E along said margin a distance of 335.00 feet; thence N 21°50114" W a distance of 458.25 feet to the southerly boundary of i , . • Parcel No. 40 as described in instruments recorded under Auditor's File • So's. 6517071& 6517072: thence N 89°16'56" W along said boundary a : 1 i distance of 415.00 feet to the True Point.of Beginning. Subject to easements of record. • (Containing 3.75 acres more or less•/ • . .. .. ..__ .. n+�;.•rs<7 ;:, Shy t. _ .d:' .._...._.' .. - ' . .�....71.. (OCT30 1969—83 0 t - •:. , - ' ' . ` • ti • ,1' ' r _ V 1. +.r rj.r. '.:l�' et, :'' rt' ^•-•- .-. , 1 • t . F • and WHEREAS, the said trustee holding title to said111 I described property and being duly authorized by the truators • 'of said property, desires to impose the following restrictive n0 1 ' covenant running with the land as to use, present and future, % ' of the above described real property; • ; t 3 NOW, THEREFORE, the aforesaid trustee hereby estab- • lishes, grants and imposes restrictions and covenants running i , • with the land as to the use of the land hereinabove described with respect to the use by the undersigned, their successors, heirs and aasigps, as follows: That a building site. plan for the business develop- : • count of said property shall be filed and approved ... _ OCT 301969-830i '-5---�-.�....•—r. •• .+N>WJ.I�Wseltsrtl�Ewaaw�t Ra�u�nT<�>f�P••a14w.at.�........y n. .. . J , — --"Th . . . , ....... . •. • ---• •- . ;• • ' I t . . , ' . ' ' • - ". . r . . . . • . . ..; • • ' . fl . • . ., • • - by the Planning Commission of the City of Renton • ' .„ • prior to the issuance of any building permits and any building permits shall be in conformance • with the site plan as approved by said Planning - • s Commission; provided that this restrictive cove- • • nant shall be null and void if the above-described property is not zoned by the City of Renton to , . a B-1 Business District effective on or before •i • February 1, 1971, and provided further that this . ' . restrictive covenant shall in any event expire . .. on February 1, 1990. Any violation of this restrictive covenant may be enforced by• • . . • . , . -1r: ' • proper legal procedures in the Superior Court of King County ... . , . : : • • • . , . • -by the City of Renton. •: • . . '::-C. - •' • • • ... • : :: ' : . , • : : : % ' .,L',2- 1 .1,-. :%••TRANSAMER/CA TITLE INSURANCE COMPANY, ' . • .--- : .. - ; " '-- '. -:: ' a California corporationj,.& ZL-.....1........ . .• . : . . • ( ,. _ - _ . _ • . ansista ice-President i. , . . . . • • , . . _ 'f • • • ' " mii., e7,r,•„..„..., . . ; ,.,•:. ::. .. ..: , . .. " ,.. • _ • Assistant Secretary • i. ." • . . - - . ;j, . 1: •. . . : STATE OF WASHINGTON ) . • .. . : . • County of King ) • 'i. . . • on this 22nd day of October , 1969, before .--•'' ,% -:- i-,.• i ' .- • lee personally appeared Beni. C. McDonald and Vern L. Arnold , to me known to be the Assis- - 1,.• ' tant Vice-President and Assistant Secretary, respectively, of : . . I 1 . Mt:t737:1r: licaredgecelx:Ici:t:calil.lein:t2rt:n:n:oflo2reelolen;re:s:rnd- . - .,•:. • 4, _ -- voluntary act and deed of said corporation, for the uses and • purposes therein mentioned, and on oath stated that they were '. --, • -- '..- authorized to execute said instrument and that the seal affixed .• . : ' is the corporate seal of said corporation. . . , -.% - - i IN WITNESS WHEREOF, I have hereunto set my hand and • • - • affixed my official seal the and year first above written. "----" A .... , " Not Public in and for the State of , , - • . - ' •- - : •:.: •' • ': :: • " Washington, residing at Seattle. • -2- . . . , . • i . . •. . . , • ir"-'-------' , . .., *Ave.& 0 ..-.... ..d........r.... . ...s" . ' OCT 3 0 1969-8 3 0 :. . , . ....„ , , •• ___.______ ". • . .. .." , . .., , •• , ,. . . . i . R RS80 MA SIDCOA°AT 6R rat Qf ratty up t•RM:SAA1f;P.ICA TITLE; . • $YSURANC0 COMPANY t • EU•2.1 AVa SaATSU,WA, reee f • P$CLRPATI0N OF RESTRICTIVE COVENANTS I _ ' WHEREAS, TRAPIS71 RICA TITLE INSURANCE COMPANY, a (V Ij California corporation, as trustee holding title to the fol- s lowing real property in the City of Renton, County of King, f • State of Washington, described as follows: �_ t That portion of the Sd 1/4 of Section 20, Township 23N, Range 5E., W.H.. Talso being a portion of Parcel No. 30 as described in instruments re- `t corded under Auditor's File No's. 5959604 & 6150334 described as follows; Beginning at the NW corner of said SW 1/4; thence N 89°10'20" E along I t the north lino thereof a distance of 344.88 feet to a point on the I i • northeasterly margin of Benson Road; thence 3 16°16'56" E along the northeasterly margin of said road a distance of 980.73 feat to the True Point of Beginning of said Parcel 30; thence continuing 3 16°16'56" E • a distance of 349.25 feet to the True Point of Beginning of parcel described ¢- i herein; thence continuing S 16°16'S6" E along said margin a distance of , • 28.00 feet to an angle point; thence 3 21°20'40" E along said margin of Benson Road a distance of 346.25 feet to the margin of the intersection of Benson Road and Puget Drive; thence 3 57°25'58" 8 along said margin a 1 1 • distance of 138.39 feet to.the northerly margin of Puget Drive; thence ' 1. g 88°50'400 E along said margin a distance of 335.00 feet; thence e N 21°50,14" W a distance of 458.25 feet to the southerly boundary of f} - Parcel No. 40 as described in instruments recorded under Auditor's File • Bo'e. 6517071 & 6517072; thence N 89°16'560 W along said boundary a distance of 415.00 feet to the True Point of Beginning. Subject to easements of record. - • `Containing 3.75 acres more or less.) • _ - -e--s--"-a - R-- —_---- /t '.1';► .e. I ytlSGiis �:. :� J._..I • OCT 3 0 1969—8 3 0 e.. ....:...'. ----:... \ . • } by the Planning Commission of the City of Renton prior to the issuance of any building permits and . •'� any building permits shall he in conformance - with the site plan as approved by said Planning Commission; provided that this restrictive cove- nant shall be null and void if the above-described w0 property is not zoned by the City of Renton to a B-1 Business District effective on or before February 1, 1971, and provided further that this restrictive covenant shall in any event expire on February 1, 1990. { Any violation of this restrictive covenant may be enforced by 7 proper legal procedures in the Superior Court of King County - e by the City of Renton. . } . TRANSAMERICA TITLE INSURANCE COWU?ANY, a Califbrnla corporation, _� .-_.-t-, f • By c3)).-- - 'Nc--, - Asaistarrt yce-President By '�`'yL/�AA'ti...„, . Assistant Secretary • ' STATE OF WASHINGTON ) Y SS. County of King ) • On this 22nd day of October , 1969, before t me personally appeared Benj. C. McDonald and •• �' Vern t„ Arnold , to me known to be the Assis- i tent Vice-President and Assistant Secretary, respectively, of t the corporation that.executed the within and foregoing instru- tt I ment, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed . is the corporate seal of said corporation. iIN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the d and year first above written. • Notaylf`Public in and for the State of "- Washington, residing at Seattle. / ' (OCT 3 0 1969— 8 3 0 ; a.� ..__.._ — — _ . , - i...- _ . • . i . • } P } i . t and • } s . WHEREAS, the said trustee holding title to said M . Rdescribed property and being duly authorized by the trustors 9 E of said property, desires to impose the following restrictive i . covenant running with the land as to use, present and future, of the above described real property; is SOW, THEREFORE, the aforesaid trustee hereby estab- j lishes, grants and imposes restrictions and covenants running 1 : ' . with the land as to the use of the land hereinabove described . with respect to the use by the undersigned, their successors, s heirs and assigns, as follows: • 1 . / 1 • That a building site plan for the business develop- t • s}unt of said property shall be filed and approved ' i : . x•, i , 90CT301°C9�- B �... . � Y I. f.: . Renton Planning. Commission Meeting November 26 ,- 1969 Minutes - Page 4 • 5e NEW- BUSINESS - REZONE APPLICATION (a) BROADACRES, INC0.;. .2ppl- No- R-.6.36-69; ' rezone. from. G. .to B-l; property located on SW 43rd Street (S 180th Street) between Old East Valley Highway and Lind Avenue SW (88th Ave. S. ) The Chairman described the rezone application. _The. Planning Director pointed out property location on the Zoning Map and indicated that subject property, comprising 27 acres, is pres- ently undeveloped. The applicant is_ requesting. B-1 (Business District) zoning; the Comprehensive Land Use Plan designation is for Light Industrial and Manufacturing Park -use. The Plan- ning Director recalled to the Commission the rezone request of the Glacier Park Company for H-1. and M-P zoning in which the Commission concurred. The M-P portion of the application is located .directly north of applicant's property. The Glacier Park Company application, while approved by the-Commission and the City Council., is being- held .in. abeyance at ..the.-request of the applicant._. The' Planning Director- stated...further that the M-P zoning classification, while permitting the .B-l. .uses, has certain setback and landscaping requirements .not contained in • the B-1 zoning classification. The Engineering Department has .indicated the. need for an...addi- tional twenty feet of right-of-way along SW 43rd Street which will be developed jointly with the City of Kent as- an Urban Arterial Fund project. Additional right-of-way of seven feet will also be needed along Lind Avenue SW which will- be. .developed as a main arterial. Audience comments were invited. Mr. Roger Lewis, attorney for the applicant, spoke on behalf of the rezone .application. He stated that inasmuch as time was not a problem,. he .would-appreci- ate a .continuance of the matter so that he could confer with his • client regarding the possibility of revising the application to M-P from B-1 as well as the question of dedication of additional frontage for right-of-way purposes. ACTION: MOVED BY TEEGARDEN, SECONDED BY DENZER, THAT THE REZ.ON.E. A'PPLICATION OF BROADACRES, INC. BE CONTINUED TO THE MEETING OF .JANUA.RY 14 , 1970 . MOTION. CARRIED UNANIMOUSLY. r>( (b)._ . TRAN.SAMER.ICA_ TITLE. INSURANCE: COMPANY.;_ A p.l•o. To-a.,. ,R.7 6:3:7-69; rezon.e. :f.rom. R-.4.: to'.B-1; property located on .no:rthea-st 'c.orner of Benson road. S0. and Puget Drive S . The. Chairman described the rezone applica-tion.o.. .. The ..Planning Director stated: this application-..is the ..follow-.through. -on the shopettedevelopment propos-ed- by- Transamerica Development Company. The- City Council has approved the Comprehensive Land Use Plan designation change as recommended by the. Planning Commission. On query by Teegarden, the Planning Director stated restrictive covenants controlling development of the property by requiring Planning Commission site approval have been- duly- recorded by the applicant. Audience comments either for or against- the proposed rezone were invited. There were none. Renton Planning Commission Meeting November 26, 1969 Minutes - Page 5 MOVED BY TEEGARDEN, SECONDED-BY DENZER„. THAT. .THE. HEARING BE CLOSED. . MOTION. CARRIED UNANIMOUSLY. ACTION: • MOVED BY TEEGARDEN, SECONDED BY DENZER, THAT THE. RL.A.NN.ING. .COMMISSION RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE. TRA-NSAMER.ICA TITLE INSURANCE COMPANY APPLICATION FOR. REZONE-FROM .R-4 TO B.-1 AS IT AGREES WITH THE COMPREHENSIVE LAND USE PLAN. MOTION CARRIED UNANIMOUSLY. 6e ADMINISTRATIVE. MATTERS (a) Letter of Resignation from Planning Commission .Chairman Richard M. Stredicke Secretary Sterling read copy of a letter to the Mayor-and City Council from- Commissioner. Richard M. Stredicke submitting his resignation from the Planning Commission effective November 30 , 1969, in order to assume his duties as a newly-elected City Councilman. Mr. Stredicke expressed his reco.gnitio , to the Planning Commission as a dedicated, active and hard-working board, and to the Planning Director and staff. .for their expert assistance. (b) Mass Transit Bus System .Me.eting Planning Commission members were reminded. of a--meeting to be held in the Renton Chamber of Commerce, 3.00 Rainier Avenue S. , on Tues- day, December 2 , 1969 , 7 : 30 P.M. , with reference to the proposed Mass Transit Bus System. The Chairman and Commzssi.oner. .Teegarden urged all members. to attend. (c) Proposed Meetings in December 1969 Teegarden stated that at the last study session, interest was expressed in attending meetings of other Planning Commissions in the area; that the month of December would be an- .ideal time as there were no Renton Planning Commission meetings scheduled. ' A schedule of Planning Commission meetings of other cities was distributed to each Commission member. After discussion, it was decided that the Planning Commission would attend the Bellevue Planning Commission hearing on Wednesday, December 3, 1969 , at 8 : 00 P.M. Commissioners will meet at the Municipal Building at 6 : 00 P.M. and transportation to Bellevue will be furnished. It was also decided to hold an informal dinner meeting at the Thunderbird Restaurant in Bellevue prior to attending the meet- ing. (d) Proposed Planning Commission Meetings .Calendar f-or 1970 Each Commission. member had been furnished a. proposed .-Commission meetings calendar for 1.9.70- prepared on. the basis of suggestions made at the last study session'. .There will be no meetings during August and December, and the November Administrative Meeting was rescheduled to Tuesday, November' 10th as Wednesday, November llth, the regular meeting date, is a City holiday. ACTION: MOVED BY DENZER, SECONDED BY TEEGARDEN, . THAT .THE PLANNING-COMMISSION ADOPT THE 1970 SCHEDULE OF' MEETINGS 'AS PRESENTED. '..MOTION' CARRIED UNANIMOUSLY. APPLICATION FOR CHANGE OF ZONE IN THE CITY OF RENTON FOR OFFICE USE ONLY Appl . No . (Z- Ia31-by Plan . Com . Action A nrou� Receipt No . /Coo Appeal Filed E1-16_L1 Filing Date _ w_y_bq City Council Action Hearing Date \\-2,10-1a9 Ordinance No , & Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND ACCURATELY : C/O Mr. Ben McDonald 720 Second Avenue Name TRANS"AMERICA TITLE INSURANCE COMPANY Address Seattle, Washington 98104 i TRUSTf Telephone No . MA4-5555 Property petitioned for rezoning is located on the Northeastern corner of Benson Road tVANKAMIX and Puget Drive and Total square footage in property Approx. 163,350 Sq. Ft. LEGAL DESCRIPTION OF PROPERTY That portion of the SW IT, of Section 20, Township 23N, Range 5E. , W.M. , also. being a portion of Parcel No. 30 as described in instruments recorded under Auditor's File No's. 5959604 & 6150334 described as follows: Beginning at the NW corner of said SW %; thence N 89"10'20 E along the north line thereof a distance of 344.88 feet to a point on the northeasterly margin of Benson Road; thence S 16"16'56" E along the northeasterly margin of said "road a distance of 980.73 feet to the True Point of Beginning of said Parcel 30; thence continuing S 16°16'56" E a distance of 349.25 feet to the True Point of Beginning of parcel described herein; thence continuing -S '16°16'56" E along said margin a distance of 28.00 feet to anIagle point; thence S '21°20'40" E along said margin of".Benson Road a distance of 3 .25 ' feet to the margin of the intersection of Benson Road and Puget Drive; thence S 571'25'58" E along said margin a' distance of 138.39 feet to the northerly margin of Puget Drive; thence S 88050'40"- E along said margin a distance of 335.00 feet; thence N 21°50'1414a distance of 458.25 feet to the southerly boundary of Parcel No. 40 as described in instruments recorded - under Auditor's File No's. 6517071 & 6517072; thence N 89016'56" W along said boundary a distance of 415.00 feet to the True Point of Beginning. Subject to easetrients of record. Existing Zoning R-4 Zoning Requested B-1 What are the uses you propose to develop on this property? Commercial retail and service establishments uses generally associated with a convenience shopping center Number of permanent off-street parking spaces that will ,be provided on property? 112 Actual Number required . 110 NOTE TO APPLICANT : The following factors 'are considered in reclassifying property . Evidence or additional infor- mation you desire to submit to substantiate your request may be attached to this sheet . (See Application Procedure sheet Item No . 2 for specific requirements) . 1 . In what way is this proposed change in zoning in the public interest? It provides convenient retail and service facilities to the close by high density and single family residents of the area 2 . On what basis is there . a real need in this community for more zoning of the type yourequest? A market study conducted by the Larry Smith organization indicated _ a void in the area of this site in convenience and service establishments. This site will obtain a sizable percentage of its business from pedestrian traffic 3 . What provision will you make to protect adjacent and surrounding properties from the detrimental effects of any uses permitted in the proposed zone? Extensive landsca in ade uate arking, easy access lanes removed from the actual subiect intersection, architectural control, etc. , will be use to protect t e character of the neighborhood. A Deed of Restriction has been recorded-on the subject property to provide further" control by the Planning Commission,o`f: the--City. of Renton (See Attachment A) ATTACHMENTS 'r Affidavit i -\;\ Attachment 'A - Declaration of Protective Covenants - Renton Planning Dept . Attachment. B - Vicinity Map 1967 Attachment C - Shopette Plot Plan AFFIDAVIT uste I,Transamerica Title Insurance Co. , ast Iei ege duly sworn,, .declare that I am the owner of the property involved 'in this applicationmand `that the foregoing statements and answers herein contained and". the information herewith submitted are in all respects true and"correct' to' the best of my knowledge and belief. Subscribed and sworn before me this �,4 day of 7e4WA,Ala01,...-r- 19�9 Notary Public in and for the State TRANSAMERICA TITLE INSURANCE CO, as Trustee ‘ Lei-/ of as, ,0 •t94n,.. re iding a ,-------...Ns„� ,.,ate` yza.r5^ tr l tt,..d Signatu{f Owner) v- te, �4 � .r ew =�`p` ��! 001 9 720 2nd Avenue 1 Addres�E' (Mailing Address) Seattle, Washington 98104 (City) (State) MA 4-5555 (Telephone) (OFFICE t]SE . ONLY) -CERTIFICATION This is to certify that the foregoing application -has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rules and regulations . . . - • -nton Planning Department governing the filing of such a• •lication. ....— / * Date received ,��h�� , 19e ' ----_.r i.1 !' ���, ' 0 RE-CF/Vg; 1' :;,. ,7 Renton. Planning Dept. ,�; fA ". . E Revised March 1967 b01teae .y,aenyyo�poC / IA, / Renton Planning Commission Meeting November 12..,. 1969 Minutes - Page 2 REZONE' APPLICATIONS (d) BROADACRES,._ INC_...,. App:l.o. N.o.o.. .R-636-69; .rezone from G to B-1; property located on SW 43rd Street (S. 180th Street) between' "Ofd East Valley Highway and 88th Avenue S. (e) TRANSAMERICA. ..TITLE...INSURANCE. COMPANY;....Appl. No. R-637-r69; rezone from R-4 to B-l; property located on northeast corner ' of Benson Road S. and Puget Drive S. 4. ADMINISTRATIVE MATTERS (a) Field Trip. Date The Chairman stated .the. field .trip. will-be -dispensed with this month.;.. Commissioners to.. view the sites . pertaining to the two pew items .of business individually. • (b) . . Study Sess.ion.. Date ACTION: MOVED BY- STERLING.,. SECONDED BY...FORG.AARD, ...THAT THE PLANNING COM- MISSION HOLD..A STUDY_ SESSION. ON WEDNESDAY, NOVEMBER.. 19, 1969, AT ' 7 :30 P.0M., .. MO.T,I.O.N.. CARRIED° (c) Meetings .Duri.ng .December 1969 The Planning Director stated that while. no. public hearings are scheduled for December, the Commission may' wish to set some study sessions to discuss programs and priorities for- 1970. This mat- ter was continued to the study session meeting. of -November 19th. (d) Planning Commission Calendar of Meetings- for 1970 A tentative meetings calendar for 1970 was distributed to- each Commission member. The Planning Director stated-that reserva- tions for the Council Chambers for 1970 are made a- year in ad- vance, and the staff would appreciate Commission' action on the proposed _meetings calendar. This item .w.a.s continued to the next study session. (e) 1970 Budget Information The Planning Director presented 1970 budget. information to the Commission with re.f-er-enca to the Travel and::.Special Training accounts. The staff will meet with the Council on November 25, 1969 , at 7.:.30 P.M-0 , in the Council Chambers, . to review the • budget and work program. (f) Letter of Resignation from. Commissioner.. .John Racanello Secretary Sterling read copy of a letter to the Mayor and City Council from Commissioner John Racanello dated...November 7 , 1969 submitting his resignation from the Planning .commis.sion effec- tive immediately due' to' pressure of- personal-commitments. (g) Mass Transit The Planning Director referred the Commission to copies of. the Board of Public Works minutes of October 28 , 1969. Mr.• Larry NOTICE OF PUBLIC HEARING RENTON PLANNING COMMISSION RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS REGULAR MEETING ,IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON ON NovEMBER 26 , 19 6.9 , AT 8 : 00 P . M. TO CONSIDER THE FOLLOWING PETITIONS : 1. A POSSIBLE CHANGE TO THE COMPREHENSIVE LAND USE PLAN for the area generally described as follows: That area hounded on the north by the City of Renton reservoir site located to the southeast of Puget Drive SE, on the south and west by the Plat of Rolling Hills No. 2 , and on the east by Edmonds Avenue SE. 2. REZONE FROM G TO B-1; property located on SW 43rd St. between Old East Valley Hwy and 88th Ave. S. LEGAL DESCRIPTION: In Renton, King County, Washington: That portion of the NE4 of the NW4 of Sec. 31, Township 23N, Range 5E, W.M. , lying west of State Highway 5 (East Valley Highway) ; EXCEPT the west 33 feet and the south 30 feet thereof for roads and LESS the north 401. 2 feet of that portion of the NE4 of the NW4 of said Sec. 31 lying easterly of a line 33 feet east of and parallel to the easterly line of Government Lot 1 and lying westerly of the said East Valley Highway. l I3. REZONE FROM R-4 TO B-1; property located at northeast corner of Benson Rd. S. and Puget Dr. S. LEGAL DESCRIPTION: That portion of the SW 1 of Section 20, Township 23N, Range 5E. , W.M. , also being a portion of Parcel No. 30 as described in instruments recorded under Auditor's File No's. 5959604 & 6150334 described as follows: Beginning at the NW corner of said SW 4; thence N 89°10'20" E along the north line thereof a distance of 344.88 feet to a point on the northeasterly margin of Benson Road; thence S 16°16'56" E along the northeasterly margin of said road a distance of 980.73 feet to the True Point of Beginning of said Parcel 30; thence continuing. S 16°16'56" E a distance of 349.25 feet to the True Point of Beginning of parcel described herein; thence continuin 5 16016156" E along said margin a distance of 28.00 feet to an aigle point; thence S 211920'4'r E along said margin of Benson Road a distance of 346.25 feet to the margin of the intersection of Benson Road and Puget Drive; thence S 57°25'58" E along said margin a distance of 138.39 feet to the northerly margin of Puget Drive; thence S 88050'40" E along said margin a distance of 335.00 feet; thence N 21`r50'14'Wa distance of 458.25 feet to the southerly boundary of Parcel No. 40 as described in instruments recorded under Auditor's File No's. 6517071 & 6517072; thence N 890 6'56" W along said boundary a distance of 415.00 feet to the True Point of Beginning. Subject to easements of record. ALL PERSONS INTERESTED OR OBJECTING TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PLANNING COMMISSION MEETING ON NOVEMBER 26, 1969 AT 8 : 00 P .M. TO VOICE THEIR PROTESTS OR OBJECTIONS TO SAME . JOHN C. STERLING , SECRETARY PUBLISHED November 12, 1969 RENTON PLANNING COMMISSION CERTIFICATION /./VACL-St a'} j , HEREBY CERTIFY THAT THREE COPIES OF THE ABOVE DOCUMENT WERE POSTED BY ME IN THREE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED ABOVE AS PRESCRIBED BY LAW , ) ATTEST . Subscribed "�' � / "'' %��� and swoi �i SIGNEh %ir -- to before me, a Notary Public , on the \U day of.