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LUA72-698
rI W DY ' . , _ L' D.' . . `� °'sari, it n'No ; �O T 1- ti I L 7�.^ Fi.1 <`" Yj (wj� -�� T� _T 7 "s.zoe,Ns z r1 ` .4,_, ,T-7::: 0--..1 �� {�'�\ { whi . -_ �I F—I a il SENIOR JUNIOR `'� s F..1 `'.1 a - 0� ,__— • HIGH MIOH ��1� . ' mum. �l� '4) \ �l�; SCHOOL SCHOOL ff �. ` ,. -TT raffia -- __ _ a.Sr. .a_ , s� OM Oho sT, •• tl, • t. • F K F _ "I R-----2 mat— a� am WI Est a 4., F.:‘ j I - a . ) "A �i�am e,>Mal� OEM ��«-Na/ ,� ^Il, 1 ( Dr. Robt. Evoy r twiiE . ��.? ��¢ �� ...... o _ Rezone : P-1 to B-1 ,p `7 NO. \/ •bq - - L1 In F' iW.I.CI /j ' iii • :j' 4 . PL �. illW a. / / i' 41 W....... 1 / ' \ \\ » ' 1_ill >' aIA �� d .�• �" I \ -� \ REND s :twilla sT •r cr 5 ' \ , ., :. 0._•.,- yd NI&N'AI'=;" ,"`d !I ?('-. - ''; 5\' ' .5884, e, §,ow -I ,\ 0•4 os; \ 72_ '\ s , Nig,..„....-- A &.0 rez, raii r...1..: pi! , : ::, 1. y� „ v -, LIt iiA it';r 4 9 It 1 ' iHftt .yam • S. W- 7TH — .U - 3 .• - - -- ------ - - - - ._ w�3 — I ?, / _y �• I n' s if Q 7..i R_3 _o r, Illl0 7001111.1 i11111111 ,���1 1'I ' i , , j� GI elg1I1 I ,„ '\ 5 RENTOu VILLAGE PL • .I ;�i1 I IIIII 90 eymixiii.51Liirrollil■19,H-- 01� REZONE: P-1 to B-1 ' (a) : Evoy, Dr. Robert, Appl. No. R-698-72 ; rezone from P-1 to B-1; ' property located on S. 4th Pl. between Rainier and Shattuck Aves . S . APPLICANT Dr. Robert Evoy TOTAL AREA 44 , 800 sq. ft. PRINCIPAL ACCESS South 4th Place EXISTING ZONING P-1 ' EXISTING USE Clinics and Commercial Uses PROPOSED USE Commercial COMPREHENSIVE LAND USE PLAN Commercial - COMMENTS 1 1 igli _ .\,, . z.., ...., ... . , N. 4.,,, .., _.... . .I•1 • _ T-- �f•. C p �TI �' " 1' qvilvillIiiili/i7J! I4.1 14-zini , ... _______..._ __ NN . '''\A -1;114 4 F .....„__ ,.,,+ ....._, � L 'PT- lb , I II i'llt n,a Ft' `40, ,--- -.— c � - - .Tr I STOISIN SIi. _ a. El -.. -- lidi `\ N44 / li /l� l/�= i SENIOR JUNIOR . •� •v t �/ " �_ :Oa�p. ~\'V •�'* �P Q _L School_ Scwooi. s. a m ,c, Off ` , <�� ,-TTr+. `` - s l7 for 0� s ± . n' d,•1^ I `i,4111 I`I I;f,.S \. i ----I ---=_Y "C' - \ — gniErilligri Zye 11 I�� E�i� _ STTi �- '' . - _ ,e, ,.,�I,,,4k,, .'..f..,, I : µ Q ��4 •'' Dr. Robt. Evoy �- S;i� ,i, )l , Rezone . P-1 to B-1 ;� j '�' "''•- •mmun , .• ' 1 l i•.� 1:11111• .,W3 I r. / I. . • 1�wwy' OL \ °L :t i ice„ q m" ¢� '91�° f: i'W �i „ E _ ".' 'i Paz.; At.' Ai , -, .-.7 .-L-r-E7 ,, _,.,..,., i 0,.:y • \ ,' Eic\__\_, LoVe%\, . \ \-k-PED 1.I 0. 0SC T1 \ \ i tr.. ,, 0. I-,. : !_m...., MI= .i&..-.•Ls& ., , , ;l'r y1. sin'' % p • \ \ \ �..r►''� no .:�J1 - �!'? . .�. [ - uni I i .• .. = 7,4 • " ...�. sa ea¢Z s cs ptsc 3. -gym IOW aH�� h �� me maw � w ):L.' \\ \, \\ limo lel 6...% Iv / ' . " V A 14 ma >/ iIIqvA • , , ________ . . 5. W- 7TH — _ '— • — - _ _- - e: ,.. ui' "1 1 ;y �I ,� i : , i I_ a , I •�� 'i • jil - - ��. -°6 . . �� 4 , :t. _ J • R-3 . I N emir I \ III.,. r "I woo toil n • �I�I,,,,,ml! ' m Imo I o IIIIIIlIII I \\\ \ S. QENTOu VILLAGE PL I° �- 2. \ ` 1 ` . ` . ,r 11, am!' -� R-4 REZONE: P-1 to B-1 • (a) Evoy, ; Dr. Robert, 'Appl. No. R-698-72 ; rezone from P-1 toB-1; ' property located on S. 4th Pi. between Rainier and Shattuck Ayes S .' . APPLICANT Dr. Robert Evoy TOTAL AREA 44 ,800 sq. ft. , PRINCIPAL ACCESS South 4th Place EXISTING ZONING P-1 • ; EXISTING USE Clinics and Commercial Uses ' - • ' PROPOSED USE Commercial ' COMPREHENSIVE LAND USE PLAN Commercial • _ COMMENTS - . • .26 ORDINANCE NO. 2.7 / 9 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM PUBLIC USE DISTRICT (P-1) TO BUSINESS DISTRICT (B-1) 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 and reports adopted in conjunction therewith , the property hereinbelow described has heretofore been zoned as Public Use District (P-1) ; and WHEREAS a proper petition for change of zone classification of said property has been filed with the City Clerk on or about June 7 , 1072 , 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 June 28 , 1972 , and said matter having been duly considered by the Planning Commission and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto , and all parties having been heard appearing in support thereof or in opposition thereto , NOW THEREFORE , THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: SECTION I : The following described property in the City of Renton is hereby rezoned to Business District (B-1) 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 : Lots 1,2,3,4,5,6 ,and 7 Block 2, Wefancs addition to the City of Renton, Records of King County, Washington. TOGETHER with that portion of the unplatted 25 foot wide strip of Government Lot 16 in Section 18, Township 23 North, Range 5 East, W.M. ; Adjoining lying between the South line of said Block 2 and the North line of the BUX1ington Northern (Pacific Coast Railroad) right-of-way Easterly 10f 'Rainier Avenue South and Westerly of Shattuck Avenue South; LESS that portion Westerly of the Southerly extension of the Easterly line of Lot 1, said Block 2. (Said property being located on S . 4th Place between Rainier and Shattuck Avenues S. ) - 1 - SECTION II: This Ordinance shall be in full force and five days after its effect from and after its passage, approval and /legal publication., unless otherwise provided for hereinabove. - PASSED BY THE CITY COUNCIL this 1 9-1h day of ..,.�. , 1972. - )t9e/6-exJ Helmie Nelson, City Clerk APPROVED BY THE MAYOR this NA day of (;,i4r42.-L , 197 2. ,�-��QQ� A A ery Garr tt, Mayor 44r-- roved as o form: e ar ellan, ity ttorney Date of Publication: AUG 18 7� - 2 - .. . IT. • vs , ..-V,tm; ' ' • t1.- .__. ' ----J , 4, r. w•iti cmisc my . - ,, _ " ' ar 57 '-,,-..---i _, <,_, '-- 1 LF,r4;:kri NT4 ii 1 r"iiiiiiiiiida If • A# 1 ki '''''2461 I , L,i,j , • - -. - 7 -,, .1•11.! V.1 INC tIN — -- —4 I It*1 1 IF 1 ' " s 1 .—' ‘‘.. Xilf '111 LE' 3 _ s\‘V "i- '', • • v.. • ii," '' 7_._ s--. R-1 _ ..., - c N.., Ni A me . . ..:. . -, , .TOWNS _ , -iiip ,0,...,..._ ,... . _ _ ' ,, __-] Iv. I -I. Id , in 1 _---'-- \•. \ - -r\- ' - .3 7 ___,;,. .. , , ,0.1. PI t ....1,2, o - . , ilk Mill'I ,- -,' N t',71f.R .1.1' ' ' EN EL. 0.;144 tli.:N , ---q- I-t , sc 14 oc x. •mail Y , +6111111rs , minium up.. -0° , N mom cs.a.,40 Ammo, .. ,. . EMI . v • _ 7 4 , ' • , illt- -- -- -, w gm _unistp.„_' .I ., , anal-:.: , Ho . ., ' , -,-,--,..r.„1---•_. 1 .!,;1.,..,,!..,..,r1 • .,____,' J f ' --- 1 Ft 2..7-.4...-nA ,:i.k.,. . _ .' • ''''''''''d,,I.:77- `1'' .! - .'-..... dr_ / . , [ -'-' ' j ' -r- ;arty ,--u .• v-, *--___-, ,___ - Rezone : P-1 to B-1 -7 ' ,, NM= . ' • • • / '/A II ' ' / ...,,.„ ..•-•-•• -61_,INI El_ Li. - Li, parri .., etiA, mi,i - .E .,„„3., ,4p --_i .,_,. —_- ,, _ .4.- ,> >f.-1.9‹ mic,••_....0 Ts _ . Ii., ,' ,.i1,1,-.14,-..4-' • ' / /) \ ' G•A \ \ --\-01'-• ,,• • -A 4 -'.•<4 1 rcrR- ' ...111.Wiri, ._,=° il 3 . 1,-- Ai \ \ \ . ,.....,,z, .. \ \ o \ \ . .... L. ,__. , , :i oruviv, F ;1.1 , ., \ \\ 7- ._.0\-..,6 011 .V .,9, . ...... ......11.1. ri .3.....:,... .„....,, I . II we iii`,,, v \\ ' 1.1 •,_ ,htm. M.,,,-,.-', gli ir she Ncv.„.-1 _, 1 mia Si \ ,-;.,c\--),‘4,-, --,. ‘, \ .,..,.., ........ figa \ c-- - \ \\, - _ \\ \:.,.........0. 1 .: ....--... .,, _-__ - , animd 1 MI E cm.= . • • !pita ,','.;) ,'t.' \ no .-,—.1, mi Ela, ...,.... ;um 1 CIE • zi :sow ?..°T, gm Wilm-, ilicr-... fox • ------- ----_,....--c- =I ow stir. .•.=r. I OW. E je a ha n; tin mini, j am Env - ..E.. twiny if, e , 1111D kt cora ;IA '1 , ILI . Min N., 10 11411 _ . „ ..--- . _____ Emir, sia_. _ \ ) a.. ,7 \ ' -- 5. W— 7H — - 1 ' 0 I /1405V I ?L'' ' —z- B— I c R-3/ , i IF, 1 i , . 1 .,,-- _ I - R...3 ...._ . • , , , , , • / - -„ ----------- -------------------__Ei•-- loop Il , , H M. 1 I / --0....---- I I Illifilli" le 441 . 'OH ii i,'"I . --- . ..,110010. i novo eo r ,6 - I., IN wk. --:..1001, 06111111 c_____ , . ,t.., ,5 ." ..4,,,LL....,,,E1:,k 8,13111111011_000 pi JP rt 0 1 . s , . ... ---. .,..1,11„ _ ., .-44100 i , —...„, ... ... -... -,.. , R— ,x ..- ..1 1 r.c41.,,,,ite 0, . , \1 ,---------N\ .. ... ,5 .....„--;"- ...- , , _ 1 __ . -°°'-' ' „------.-2.„-----1--- ‘• IP% . —, REZONE: P-1 to B-1 ' • (a) Evoy, Dr. Robert, Appl. No. R-698-72 ; rezone from P-1 to B-1; property located on S. 4th Pl. between Rainier and Shattuck Ayes. S . APPLICANT Dr. Robert Evoy TOTAL AREA 44, 800 sq. ft. , . . PRINCIPAL ACCESS South 4th Place . EXISTING ZONING P-1 , EXISTING USE Clinics and Commercial Uses PROPOSED. USE Commercial . COMPREHENSIVE LAND USE PLAN Commercial COMMENTS . . , ...-- A , . t . AN, vz, 01eFI('E 0r 'I`I11: CITY A'1`TORNE1 w REI`TON,WASH I1(.7TON ;. Li4a .-� POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5 8678 C-, w o �� ti '' GERARD M. SNELLAN, CITY ATTORNEY JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY July 25, 1972 Ttiev FD SEP1*' Mr Gordon Ericksen Planning Director City Hall Renton, Washington • Re: Petition for Rezoning by Dr. Robert , J Evoy Dear Gordon We briefly discussed with you at the lcbL Council meeting the • above' mertioned rezoning petition and the recommendations made by the Planning Commission. You arel.ndoubtedly familiar with the number of opinions that we have heretofore issued to the . Planning Commission and others regarding the deeding of property' by petitioners , including granting of easements , as a• condition `:•!''z`; ' to rezoning . : This , of course, is improper unless the petitioner voluntarily makes such dedication and it is determined that it .is ' ' of mutual benefit to the parties . Otherwise, you realize, 'that. :' the CIty cannot require a donation of private property as a • condition to rezoning unless such requirement is part of our Zoning or- other City Codes relating to construction of improvements; " . • inclUb.ing .street right of ways . In this case, we understand, Dr. Evoy has voluntarily executed . ." an easement for utility and other purposes . We notice that ,this easement was signed by him only and we must, therefore, assume that he is an unmarried man; otherwise any encumbrance on, real ;estate must be signed by both husband and. wife ' Our greater concern, however, is with the Planning Commission ' s ;;. recommendation "that any buildings , structures or land uses which' ' are built or enlarged in excess of one-third of the • then existing building, structure or land use be submitted to the Planning Commission for site approval;" We are unable to find any provision in our Zoning Code that would allow the Planning Commission to impose such a condition. As we have stated so many times .,before, the Commission' s i; Gordon Ericksen , Page 2 . July25, 1972' responsibility is to determine whether a particular zoning _ should apply to a certain parcel of property, : that the same , would be its highest and best use enaand e sinhfull ullecompliainnce with ' • the City' s Comprehensive Plan. made and the property is so rezoned, the owner is entitled to conduct -:any activity thereon permitted under our existing : ,f ordinances and the Planning Commission should:-refrain',from , 1 further dictating conditions as far. as further control, of ' ' :'' the land is concerned. This for the obvious reason nithat i the matter of buildings, reconstruction, enlargement, `• : and', removal do not concern the Planning Commission but' relate ,•.t ,`... ;, Engineering and other City.; • • to ' the duties .of"'our Building, g , . „•.: • Departments . Furthermore, as far as the subject oa.se is concerned the matter of "non-conforming use" is adequately: ` =, , . covered in Section 4-726 . In case of any rebuilding or " 'enlargement on the premises, all applicable ordinances would' ,1 control any such activities ' It should be realized by the members of the .Planning Commission that once a rezoning takes place, the owner has t g ' utilize his own .property in such :fashion as he deems fit _as'; long as he is ' in compliance with all applicable codes ; even g,; , f, 'Y 1'^.+'n though it may be tempting. to ' do so by' members of the Plantninfog ' Commission, they should not substitute their: own jud that of the owner in the utilization of private p pgm Y. It would, therefore, be our, recommendation and advice eto eliminated and the Commission that the above. quoted condition ,' as 'being unenforceable under present City Ordinances : _ If you deem it advisable, we shall be glad to again explain the ; Planning Commission' s legal function to its members at any': "; ou mi ht. set upfor that purpose: meeting that 'y g We remain �'.' ', You r s very truly, ;` l` � Gerard M. Shellan 'City Atiorney ' GMS:nd i r.;. l ' - 7 fl-ju - („ e- ,LeAi ORDINANCE NO. 27Z9 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM PUBLIC USE DISTRICT (P-1) TO BUSINESS DISTRICT (B-1) 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 and reports adopted in conjunction therewith , the property hereinbelow described has heretofore been zoned as Public Use District (P-1) ; and WHEREAS a proper petition for change of zone classification of said property has been filed with the City Clerk on or about June 7, 1872 . , 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 June 28, 1972 , and said matter having been duly considered by the Planning Commission and said zoning request being in conformity with the City' s Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appearing in support thereof or in opposition thereto , NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: SECTION I: The following described property in the City of Renton is hereby rezoned to Business District (B-1) 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 : Lots 1,2,3,4,5,6,and 7 Block 2, Wefancs addition to the City of Renton, Records of King County, Washington. TOGETHER with that portion of the unplatted 25 foot wide strip of Government Lot 16 in Section 18, Township 23 North, Range 5 East, W.M. ; adjoining lying between the South line of said Block 2 and the North line of the $tlington Northern (Pacific Coast Railroad) right-of-way Easterly H►f 'Rainier Avenue South and Westerly of Shattuck Avenue South; LESS that portion Westerly of the Southerly extension of the Easterly line of Lot 1, said Block 2. (Said property being located on S . 4th Place between Rainier and Shattuck Avenues S . ) - 1 - SECTION II : This Ordinance shall be in full force and five days after its effect from and after its passage, approval and /legal publication., unless otherwise provided for hereinabove. a � PASSED BY THE CITY COUNCIL this Nib day of L , 1972. Helmie Nelsozi;' �` "elcerk APPROVED BY THE MAYOR this AALM day of , ;:r;:;. .. c , 1972. ACtildat--) Avery Garret, ayor roved as o form: e ar a lan, ity ttorney Date of Publication: AUG 18 1972 - 2 - 'IU :Sr EASEMENT THIS INSTRUMENT, made this (-)°§day of y 1972 ; by and between fi ert J . i vov and and _. ...,__.. • .. and ......_._..._... _.__.._..---- --... and r9 hereinafter called "Grantor(s) ," and the CITY OF RENTON, , a Municipal Corporation of King County, Washington, hereinafter called "Grantee ." WITNESSETH: C.Iei c ' That said Grantor(s) , for and in consideration of the sum of $ paid by Grantee, and other valuable consideration, do_ by these presents , grant, bargain , st111 , convey, and warrant unto the said Grantee, its successors': and assigns , an easement for roadway and public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the following described property in King County, Washington,, more particularly described as follows : The Easterly 10 feet, measured perpendicularly to the existing Westerly margin of Shattuck Avenue South, of the following described property: Lot 7, Block 2, Wefancs . Addition, according to the plat recorded in Volume 39 of plats , page 21 , records of King County, Washington; TOGETHER with that portion of the unplatted 25 foot wide strip of Government Lot 16 in Section 18, Township 23 North, Range 5 East, W.M. ; adjoining lying between the South line of said Block 2 and the North line of the Burlington Northern (Pacific Coast Railroad) right-of--way Easterly of Rainier Avenue South and Westerly of Shattuck Avenue South; LESS that portion Westerly of the Southerly extension of the Easterly line of Lot 1 , said Block 2. , Together with a temporary construction easement described as : Said temporary construction easement shall remain in force during construction and until such time as the utilities and appurtenances have been accepted for the operation and maintenance by the Grantee but not later than N I ' Said heretofore mentioned grantee, its successors or assigns , shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing, maintaining, repairing, altering or reconstructing said roadway and utilities , or making any connections therewith, without incurring any legal obligations or. liability therefore, provided, that such construction , maintaining, repairing, altering or reconstruction of said roadway and utilities: shall be accomplished in such a manner that the private improvements existing in the right(s)-of-way shall not be disturbed or damaged, they will be replaced in as good a condition as they were immediately before the property was entered upon by the Grantee. rl The Grantor shall fully use and enjoy the aforedescribed premises , including the right to retain the right to use the surface of said right-of-way if such use °p does not interfere with installation and maintenance of the roadway or utilities . . However, the grantor shall not erect buildings or structures over, under or across the right-of-way during the existence of such utilities . This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors , heirs and assigns . Grantors covenant that they are the lawful owners of the above properties and that they have a good and lawful right to execute this agreement. and . , r r, , . �_. f�-t�'Ll��', ;.- ,� and /t and _ . and STATE OF WASHINGTON ) COUNTY OF KING SS I , the undersigned, a notary :(ulli .: in and for the State of Washington , hereby certify that on this f 7' day of 197 / personally appeared before me and � and and and -.. " ; to me known to be individual (-s+,descri bed in and who executed the foregoing /instrument, and acknowledged that signed and sealed the same as ;--/ free and voluntary act and deed-for the uses and purposes therein mentioned. / Notary Publ i c,:in' and for/ State of Washington , residing at' 69 ~, 4'� O U / - 'Z OFFICE OF THE CITY CLERK e RENTON, WASHINGTON � �° RENTON MUNICIPAL BUILDING, RENTON, WASHINGTON 98055 BA 8-3310 tisAOpP ��CAPITAL(3F • • August '17,. 1Q72 • • 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, 2729 changing the zoning of certain properties within the City of Renton, as passed and approved on this 14th day of Very truly yours, CITY OF RENTON Heln}ie W. Nelson City Cler]i HWN/h • Enclosure (1) • 7."--6-e•li g-17 ORDINANCE NO. 2'72 cJ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM PUBLIC USE DISTRICT (P-1) TO BUSINESS DISTRICT (B-1) • 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 and reports adopted in conjunction therewith , the property hereinbelow described has heretofore been zoned as Public Use District (P-1) ; and WHEREAS a proper petition for change of zone classification of said property has been filed with the City Clerk on or about June 7, 1072 , 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 June 28, 1972 , and said matter having been duly considered by the Planning Commission and said zoning request being in conformity with the City's Comprehensive Plan, as amended, and the City Council having duly considered all matters relevant thereto , and all parties having been heard appearing in support thereof or in opposition thereto , NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON DO ORDAIN AS FOLLOWS: SECTION I : The following described property in the City of Renton is hereby rezoned to Business District (B-1) 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 : Lots 1,2, 3,4 ,5,6 ,and 7 Block 2, Wefancs addition to the City of Renton, Records of King County, Washington. TOGETHER with that portion of the unplatted 25 foot wide strip of Government Lot 16 in Section 18, Township 23 North, Range 5 East, W.M. ; .adjoining lying between the South line of said Block 2 and the North line of the Pulington Northern (Pacific Coast Railroad) right-of-way Easterly A f "Rainier Avenue South and Westerly of Shattuck Avenue South; LESS that portion Westerly of the Southerly extension of the Easterly line of Lot 1, said Block 2. (Said property being located on S . 4th Place between Rainier and Shattuck Avenues S . ) - 1 - I 2_, . r „ //x/ • SECTION II: This Ordinance shall be in full force and five days after its effect from and after its passage, approval and /legal publication., unless otherwise provided for hereinabove. ��rt PASSED BY THE CITY COUNCIL this /%-/h day of , 1972. ‘-11 )4,-411J Helmie Nelson, City Clerk APPROVED BY THE MAYOR this /�/�)� day of C , 197 2. � " ‘::;1 q��re� , M y_ 03��"Mt� °f-1 roved as o form: e ar ellan, ity ttorney Date of Publication: AUG 18 1972 - 2 - 4pF U4 wisuR UF UIi 'I`II14.1 C'I'1'1" ATTORNEY • RN.NTU1V,WASH7\G'i'UN 150 POST OFFICE BOX 626. 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678 09 'A.Q (O~' GERARD M. SHELLAN, CITY ATTORNEY V� �Q' JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY August 8 , 1972 4' o SEP1c (Dictated August 4 , 1972) • Mr. Gordon Ericksen Planning Director City Hall Renton, Washington 98055 • Re: Petition for Rezoning by Dr. Robert Evoy • Dear Gordon: This is to acknowledge receipt of yourIvtmorandum dated July 31 , 1972 , in answer to our letter dated July 25 regarding the above captioned matter. You suggest that some revision of the Zoning Ordinance appears to be in order on this matter . You should realize, of course, that any amendment to the Zoning Ordinance in the future cannot be made to apply retroactively to cover Dr. Evoy' s' problem. Since his property has been rezoned, he is entitled to proceed on the basis of existing Ordinances . As previously mentioned the members of the Planning Commission are likewise limited in their recommendations to the terms of presently existing Ordinances and should not go beyond that, even though it may be desirable to some of them. Any changes in present Ordinances are within the jurisdiction of the Legislative body exclusively and it is that body that should make the final determination whether any change is to be made . Therefore, if the Planning Commission believes that it is vital to the City ' s interest to provide for such a change, we would suggest that you so indicate to the Legislation Committee for their consideration . As I had indicated in my letter to you of . July 25 , it would appear that"non-conforming uses" are covered in Section 4-726 . Tkre is, of course , the matter of public policy involved that again should be determined by the City ' s legislative body as to what physical changes a property owner has to make in renovating, improving or altering existing facilities . If the burdens are too strenuous and costly, such action may produce an effect opposite to that desired by the Planning Commission; namely, most property owners would be reluctant to improve their property because of the excessive cost thus making it economically unsound to effectuate any change for the better. • Mr. Gordon Erickson Page 2 August 8 , 1972 If you have any specific suggestions to improve the condition the Planning Commission is concerned about, please let me have your thoughts and I shall be glad to reduce it to a proposed amendment to our existing Ordinance . We remain Y rs very truly, / --) 2/ „7 . 7 . e 77/, e ,,,,e4, 'Gerard M. Shellan City Attorney GMS :nd is k� J.,:i.:::,,,—:,, ,. ,!, :: : : . :7_. : , . .:.,J t . : ! „ , : , : : :, . :‘, .. ::5::,.!,..., .::,,:,::.,,,,,._.. ,:. ::‘i„, : ::,: . " , : ' 4 ,,.;,!,.,_:,:, ,: , , ..i::: ., _,, , :, . : ....:., :.:, , , : ,H„:... .:. ,.: : : .,,, : : . !:::, ;„,: ; :,::,... :,:s„.,:,.. , ,s .,,,,i,,,,,.„::,.:,: .: „... , , :,,, , _„„ :1y:::.,:.:.. . :.:,,,,„ ,,,,,,. :, _ . : , _... .. , ::::::.,, ,::„!....: , , ,i, , , , ,: :, / ,:::,.:: , .. :,:,;..,:„ . ...: !: : :,, .:,:!.. :„ :: : ,.,„:;,,..,, ,.., :,. , „ :: , :. . NDUM 1 :.: .MEMO RA ,' J r' - • ;;ICI • : City' Attorney :,,,y,. , ''� �,���` •.,Mr.'� ,Gerard M. Shellan y ' �;=,,, r . ,.,';,•; Box 626 " :. . 98055 ` ' , Re� �:�.xi; Washington ,-G'i. Robert Re. Evoy, Dr: f f No': R-698-72 ; rezone from P-i, to B- 1' : property 'located on S. 4th Place between , Rainier and Shattuck Avenues S. . . Dear Mr. Shellan , ' ' With reference to your letter of July 25 regarding the following items s, _ 1'.•‘: .The `utility •.easement. „ , 'F `' '' The''Planning 'Commission minutes of June 28 note - the discussion :"3" - , •:'.with Mr. .John Sperle, representing the applicant,' regarding: the;�; ;': ,,,,,: K.----,:;.,'• '_•:! :easement' request. Mr. Sperle indicated the applicant would be : }:c :..•;,;, '. :* , ,.. •,; _...; ;,,.:.: :willing to grant the: ten-foot easement. " on the west side of _ .-.' ` ;'":;;,,�-...:'•. '';:" '•.' `.;,.`., "'..'''Shattuck Avenue as requested by the Engineering Department. !:,: , ;',,, t •'�,:.. , •; -, ,= - .,: ` ;;:-.i The easement document was prepared and signed by Dr.; ,Evoy on- :,:.,;;-;/' : . • • • •, July, 19 as notarized and presented by Mr. Sperle. ;;• We assume -' %,' ;_',:, •y;;; :'• byhis' si nature on the easement, that Dr. Evoy is ',in agreement., ;'.'.''.;. : I.' with the easement, request and has voluntarily; signed same:.';', ;;.• J'. '' ":, ' With re and to the,marital status of Dr. Evoy, Lyman Houk : had '• ;_,; ;,';;;,; g ' ' - . checked with the title company and he was advised that Dr.... Evoy : ,•, :: is divorced and his former wife has signed over:her :interest in ;_•:,;� ,;`. " ':'"' said property to the doctor. Lyman was also advised that :'Dr. } Evoy is sole owner of the property in question. ' ' --..-„ 2.' .; Planning Commission review of proposed development in excess:.,: ,:,' of one-third of existing building, structure or land use': - I concur in your comments regarding the 'inclusion of such ;a, statement and the problems involved in trying to ,"enforce such `::; _' ,' r• ; ,:. Y'j` controls as recommended by, the Planning Commission: The �_:,,,; - ; ; ` ,'-;. Planning Commission was advised accordingly; howe,ver, some ,-.:': . :',--. ''` ' " ;; members of the Commission do feel that the Commission should -si '-`,.exercise some type of design control in order to upgrade some. , r':+�''' : .',:; '' .:• •of the presently nonconforming conditions and;,to phase' out some •,c', upgrade types of development which presently have a negative , environmental impact. , ' ''' It is obvious that in order to do this , revisions ' to the :zoning - ` ordinance would .be required. In order to sexped'ite the rezone . ; _ ._. ., _.._._. application, deletion of the review statement "seems to-'be-.the most appropriate action at this time : . s 3 :Right-of-Way Dedications . if.' , ; . ;The purpose of public rights-of-way is to provide"access .for, ,4 : :`?} .': `. .';. property owners and allow for general traffic circulation.,; . '; :., ..''�'-'"'•''''- ,:-,It seems reasonable that if development' of a property has .;the '' i' '''•'' - potential of increasing traffic and the resulting need for; ' . • ' ,>. . '. •' 'll better access requiring additional right-of-way for street . ', :,i construction, then a right-of-way dedication is : in the public , interest. urr Mr. Ger ard rard M. Shellan `, ;.a. • • 'Page 2 ,;;. . , 'July 31,. 1972 ' ` •c:' JF ,'•'` The matter of re requesting " r I:`;;.;�.;,,,, . .1,':.'�;;;1, q sting right-of dedication 'has. come up on numerous occasions. The city has many _ substandard ;rights-. '1.: ."?'•',;,. ' 'of-wa .,and unless the "; '._, �,i,:, ` ' ' , Y, property owner in the . process��•of' zoning '•' ": ;'• ;' ••?,-,:,',;, willingly dedicates the ri ht-of-wa '- � ` �`� right-of-way', .it is ,virtually.. impossible ":;' :. 1. to change;•existing status . and provide ' for future street improve- .••••;;.::.:::•',. ;°` '...,.. , ' '• `-ments. • It seems •that the matter - of ' right-of-way dedication ''' J ' ', =-' '' ,''' ':'':; :''. would be both to ,the advantage of the property owner .'and ' the '.1',;�:'- ` . '' '• '':•,'' city, ' thereby enabling the city at some future time. to provide' " • - better access , better street . improvements ; and enhancer safety :, as well as access to the adjacent property.' ' • If the Planning Commission requests the dedication of right-of- • way (this is usually , done if requested by the Engineering ` : •• Department) during the zoning process , such action could be : considered coercion even though the property owner agrees to {" _ said request. -: Revision,' of the zoning ordinance 'does • appear .'to be 'in order on ':,• ; ;."•.: -.'this matter. -' Your recommendations as to appropriate revisions ' :} - , .. . would be -appreciated. .. - `;'. Very truly yours, Gordon Y. Ericksen.` ;? Planning Director.- ;.. _ - .h cc: George Perry, Chairman ''_ - - Le islation Committee . rr'•,'i.'• - :r Y G •,J'" '-S•;' it • • • 1r �i _ it , +, - 12 .. - +•, - i s rt p ®F �� i��-' °8a 1 1 1 q\ ,: CITY Tr\ �� 1 U � � '�, ' . c>>�r�rQ�i�: OP r tr�� a r. �c»��,1 o r�r���r�=v;�o-_�:�;�ii�c��crN ttt 'k erg a• as O� POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678 r G i of A 1p GERARD PA. S64ELLAN, CITY ATTORNEY Q' ` JOE1N K. (PAM J62., ASSISTANT CITY ATTORNEY July „ 25 , 1972 4 'D SEP'�E�� . Mr. Gordon Ericksen Planning Director City Hall . Renton, Washington Re: Petition for Rezoning by Dr. Robert • J. Evoy Dear Gordon: ' We briefly discussed with you at the 1, -t Council meeting the above mentioned rezoning petition and the recommendations made by the Planning Commission. You aretndoub'tedly familiar with the number of opinions that we have heretofore issued to the - Planning Commission and others regarding the deeding of property by petitioners , including granting of easements , as a condition to rezoning . This , of course, is improper unless the petitioner voluntarily makes such dedication and it is determined that it is of mutual benefit to the parties . Otherwise , you realize, that the CIty cannot require a donation of private property as a condition to rezoning unless such requirement is part of our Zoningor�' other City Codes relating to construction .of improvements ; incluing street right of ways . , In this case, we understand, Dr. Evoy has voluntarily executed ' an easement for utility and other purposes . We notice that. .. this easement was signed by him. only and we must, , therefore , . ,; assume that he is an unmarried man; otherwise any encumbrance `. on real estate must be signed by both husband and wife. Our greater concern, however, is with the Planning Commission ' s recommendation "that any buildings, structures or land uses which are built or enlarged in excess of one-third of the then existing building, structure or land use be submitted to the Planning Commission for site approval; " We are unable to find any provision in our Zoning Code that ' would allow the Planning Commission to impose such a condition.' As we have stated so many times before, the Commission 's Gordon Ericksen Page 2 July25 , 1972 responsibility is to determine whether a particular zoning .. should apply to a certain parcel of property, that the same , would be its highest and best use and in full compliance with ' ( ' the City' s Comprehensive Plan. ' Once such determination is • - made and the property is so rezoned, the owner is entitled to conduct ,any activity thereon permitted under our existing ordinances and the Planning Commission should refrain from further dictating conditions as fare as further control .of, , ; . the land is concerned . This for the obvious reason that the. matter of buildings, reconstruction, enlargement, alteration "• and removal do not concern the Planning Commission but relate to the duties of our Building, Engineering and other City Departments . Furthermore, as far as the subject case is r concerned the matter of "non-conforming use" is adequately covered in Section 4-726 . In case of any rebuilding or enlargement on the premises , all applicable ordinances would control any such agtivities . It should be realized by the members of the Planning Commission that once a rezoning takes place, the owner has the right to utilize his own property in such fashion as he deems fit as long as he is in compliance with all applicable codes; even : . though it may be tempting to do so by members of the Planning I Commission, they should not substitute their own judgment for that of the owner in the utilization of private property . It would, therefore, be our raDmmendation and advice to you and the Commission that the above quoted condition be eliminated as being unenforceable under present City Ordinances . If you deem it advisable, we shall be glad to again explain the Planning Commission' s legal function to its members at any meeting that you might set up for that purpose. We remain Yours very truly, / fir, and M. Shellan Attorney GMS:nd -p �. r M, INTER-OFFICE MEMO , TO: Helmie Nelson, City Clerk DATE July 25 , 1972 FROM: Gerard M. Shellan, City Attorney RE: RezoningOrdinance - Dr. Evoy " C�'.✓ e' ` , , ",6y`Q- Dear Helmie: Attached hereto you will find the original of a proposed Ordinance in 'connection with the refmenced rezoning. Please haf'e the Engineer and Planning Director verify the legal des iption to be sure it is correct. We remain ' _ Ge ar ellan GMS:nd �// c)f 3 Encl.. D �� �,�,. C_\1�?.c'_K l�l c3 APPLICATION FOR CHANGE OF ZONE IN THE CITY .OF RENTON • FOR OFFICE USE ONLY . Appl . No . R` 6 c1 -1.y Plan . Com . Action p�Y.l, 1p.� .'1b .:.. Receipt No . 2(0 ,5 Appeal Filed `� . Filing Date ; !0 •-(--Ya. City Council Action • ' Hearing Date o• 2:4?-17..- Ordinance No , ' & Date APPLICANT TO ANSWER ALL THE FOLLOWING QUESTIONS NEATLY AND _ACCURATELY : Name ' Robert T. ivoy . . . Address 241 S. 4th.. Place Renton Washin ton 28055 Telephone No . AL 5_3454 Property petit one for rezoning is located on 'South 4th. Place . . between Rainier Ave, and South Shattuck St. Total .square footage in property 44,800 LEGAL .DESCRIPTION OF PROPERTY ' - t I 3 a3, 6 ? . , o . 7 G' 9 to tho,';City Of Renton, ROOOrds of _ ng County, W astlit an . TOGE' iE with that go ion cif• the un ] tied S font �,ir1P Gtri2 e of - ,Government Lot 16 in Section 18 , T�wnshi� 3 North, Ran e Fa G t _�a_m_ ; d.'b 'nin e t line` of tte Burlingtgn Nartheri .Pactf i_r. Coast Railroad) right-of-way , - Easterly of Rainier Avenue' South, _e,� - LE and West of Shattuck ATPn11P Ronfh; S S t at '. line of Lot Block 2 :' Existing Zoning P-1 Zoning Requested B-: What are the uses you propose •`to develop on this property? rQpevty i r aevel o„ 4 Number .of permanent off-street parking spaces that, will be provided on property? Number required NOTE. TO APPLICANT : The following" facto <s.,�,are considered in reclassifying property . Evidence or : additional infor- mation you .de.sir.e;: to submit to substantiate your request may be atta,ched =t°,o this sheet . (See Application Procedure . .. , sheet Item 6, ;2 for specific requirements) , I, In, what way is this proposed change in 'zoning in the public . interest? T_:' laritOtte= -1-iral 9 * 2.. - On .what. basis is there a" ,real need. in, this Community :for more zoning of the type .you. request? For .srn4i l h i�i,�ea� ;232 3'. ' What provision will you make to protect :adjacent . and surrounding properties from the detrimental effects of any uses, permitted 'in the proposed zone? .Up grade and improve present buildings and r:rounds. . • �� 2 . ' Renton Planning Dept . 6 .j' 19it t 1967 I 1 /1��G DE!FEz OF R�; • ,. .,,,� '"• ~• go ,0t. PLANNINGDEPARTMENT. . , ... • RENTON-,_.,"W,._A...SH... INGTONU %i � I. 4 m - ':;- ": MUNICIPAL BUILDINo • RENTON,WASHINGTON 98055 • BA 83310 °Rl ca A`oE1 July 20, 1972 51 f •+i. , ,' it ,,'�, The''Honorable Avery Garrett', Mayor Members of the City Council Renton, Washington, , Re-' .-Planning Commission Recommendation r Gentlemen: . .. The Planning Commission has completed its review of ,the rezone application. listed below and forwards the following' recommenda- : tion to the City Council • +,. • EVOY, DR. ROBERT, Appl. No. R-698-72; rezone from P-1 ' to B-1; property located on S. . 4th Pl. between Rainier and Shattuck Ayes. S. Total Area--44 ,800 sq ft. Principal Access- S. 4th P1 Existing Zoning--P-1 Existing Use--clinics and commercial'.` '' Proposed Use--commercial, Comprehensive Land Use Plan--commercial Upon completion of .the public hearing on the subject mat- ter, the Planning Commission took the following action: "MOVED AND SECONDED THAT THE PLANNING COMMISSION RECOMMEND " TO THE CITY COUNCIL APPROVAL OF . THE DR . ' EVOY APPLICATION FOR REZONE FROM P-1 TO B-1 , .AND THAT ANY BUILDINGS , STRUCTURES OR LAND USES WHICH ARE BUILT OR ENLARGED IN" wj` EXCESS OF 'ONE—THIRD OF THE THEN EXISTING BUILDING, STRUC_`. ' TURE 'OR LAND USE B E SUBMITTED TO THE PLANNING COMMISSION - FOR SITE APPROVAL; AND FURTHER, THAT THE APPLICANT WILL: • A TEN—FOOT UTILITY EASEMENT ALONG ,-THE EASTERLY . . PROPERTY LINE. THE REZONE REQUEST IS IN AGREEMENT WITH ';' THE COMPREHENSIVE LAND USE PLAN. " The motion carried.- ,;:,'.;'..° 'H ••,•. ;; The applicant has agreed to comply with the requests of` the Planning Commission and has granted the ten-foot ~ .r utility easement as requested by the Engineering Depart- ment:,` . Very ruly you s, f • 1 sf don Y. icksen Planning irector. ywcss-e."su2at3' ' .'wigi•r',..'' .. ,.,,. r. . EASEMENT . • THIS .INSTRUMENT, made this VI'lltlay of j-nay 1972 ; by and between RnhPrt - Fvay and — • ; and _ _• • • ._.__ - and ----- and hereinafter called "Grantor(s) ," and the CITY OF RENTON, . a Municipal Corporation of King County, Washington, hereinafter called "Grantee." WITNESSETH: That said 'Grantor(s) , for and in consideration of the sum of $ • paid by Grantee, and other valuable consideration, do , by these presents, grant, bargain, salitl , convey, and warrant unto the said Grantee, its successors and assigns , an easement for roadway and public utilities (including water and sewer) with necessary appurtenances over, through, across and upon the foll,owing described property in King County, Washington,, more particularly described 'as follows : The Easterly 10 feet, measured perpendicularly to the existing Westerly: margin • of Shattuck.Avenue South, of the following described property: Lot 7, Block 2, Wefancs Addition, according to the plat recorded "in: Volume ',39 of plats , page 21 , records of King County, Washington; TOGETHER with that., portion of the unplatted 25 foot wide strip of Government: :„' ;" Lot 16 in Section 18, Township 23 North, Range 5 East, W.M. ; adjoining lying between :the South line of said Block 2 and the North line of the Burlington Northern (Pacific Coast Railroad) right-of-way Easterly of Rainier Avenue South and Westerly of Shattuck .' , Avenue South; LESS that portion Westerly of the Southerly extension of the Easterly 1.i;ne of Lot 1 , said Block 2. • • • Together with a temporary construction easement '_des cri bed as Said temporary construction easement shall remain in force during construction • and until •such time as the utilities and appurtenances have been; accepted;for .the operation and maintenance by the Grantee but not later than. . - N 1 • 4�r . t ' •'� y;� !1 • ih � •: • •f - lrtF.t:'r•.P.nnui l.-..F.:'...;,,.i,r..c,>„ +ve+..,.. ., ....<..r.... .1. : . 1. a :.. , . . . .i-i. ..... ...... .. l -.,,,`I.ry ix .. i., r, ,-..t. r. -.J��. .,s'4..:i:.v 0°‘-vvir'" r—tr • Said heretofore mentioned grantee, its successors or• assigns , shall have the right, without prior notice or proceeding at law, at such times as may be necessary to enter upon said above described property for the purpose of construct- ing, maintaining, repairing, altering or reconstructing said roadway and utilities , or making any connections therewith, without incurring any legal obligations or liability therefore, provided, that such construction, maintaining, repairing, altering or reconstruction of said roadway and utilities shall be accomplished in such a manner that the private inprovements existing in the right(s)-of-way shall • not be disturbed or damaged, they will be'replaced in as good a condition as they • were immediately before the property was entered upon by the Grantee. The Grantor shall fully use and enjoy the aforedescribed premises , including the right to retain the right to use the surface of said right-of-way if such use does not interfere with installation and maintenance of the roadway or utilities . However, the grantor shall not erect buildings or structures over, under or across • the right-of-way during the existence of such utilities . • This easement, shall be a covenant running with the land and shall be bind- ing on the Grantor, his successors , heirs and assigns . Grantors covenant, that they are theslawful owners of the above properties and that they have a good and lawful right to execute this agreement. and ( , C-Zr-1 and and and STATE OF WASHINGTON COUNTY OF KING SS I , the undersigned, a notary u lis„in and for the State of Washington, hereby certify that on this 9day of 197 /2...personally appeared • before me K---) and and ' and ..... and ; to me known to be individual,,scribed in and who executecithe foregoing strument, and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes therein mentioned. Noirry sublic n and--fo the ate of Washington , residing at r 4,5 e • ' ' • '..Y,• . AFF I DAV I T I , Robert J. voy being duly sworn, declare that I ,. am the owner of the property involved in this application and that the ' foregoing statements and answers herein contained and the information herewith submitted are in. all respects true and correct „to the best of my knowledge and belief. . , , Subscribed and swo before me this ( day of , 19 72 . Notary Public in and for the' ,tate of , Wash 'n ton, residing at , j,,e , . , .. .._ - . .. ...- 9.., .. ... :: , ` L J 4: l • • .. (Notar P lic (Signature of" w4te �, �'.'' . • .,e0 A t z t��� GV �j 241 4th. Y •v. ,. ,';' ss) (Addre`ss) - ,,I,,,:,, `^' • Denton• ' v'a. 98O55 (City) (State) AL 5-3454 (Telephone) (FOR OFFICE USE ONLY) • • . . CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found _to-o--be thorough and complete in every particular and to conform to the ru=1e's an!d 'r�egu,l.ations of the Renton Planning Department governing the f iig�o su application . Date Received , ia79 : - . 1 , 19 By: • -- -- - �`�1_.a .el�c Renton Planning Dept. Revised May 1970 4';' RENTON. PLANNING COMMISSION PUBLIC HEARING MEETING JUNE 28, 1972 MINUTES } COMMISSION MEMBERS PRESENT : James E. Denzer, . Don Humble, Anthone Mola, Norman L. Ross, :Patricia Seymour, Clark Teegarden . COMMISSION MEMBERS ABSENT : Arthur D. Scholes , Carla Yankeh CITY STAFF PRESENT : Gordon Y. Ericksen, Planning Director; Richard :, Hansen, Assistant Planner; Lyman Houk, Engineering Department; Harriet Hilder, Recording Secretary The June 1972 public hearing meeting of the Renton Planning Com mission was called to order by Chairman Teegarden at 8 : 00 p.m. 1 . ROLL CALL was taken by Secretary Mola. • All Commission members responded present except Scholes (out of town on vacation) and Yankeh (absent due to emergency) . ACTION: MOVED BY MOLA, SECONDED BY DENZER, THAT THE ABSENT MEMBERS BE EXCUSED. MOTION CARRIED. - 2 : APPROVAL OF MINUTES , With reference to the Puget Sound Power & Light Company appli- cation for site approval, it was MOVED BY SEYMOUR, SECONDED BY ROSS, THAT PAGE 2 OF THE MINUTES OF THE MEETING OF JUNE 14 , 1972 ' BE AMENDED TO INCLUDE REFERENCE TO DISCUSSION CONCERNING THE FEASIBILITY OF UNDERGROUNDING THE PROPOSED INSTALLATION. . MOTION CARRIED. The Chairman declared the minutes of the meeting of June 1.4 , 1972 approved as amended. 3 .' NEW PUBLIC HEARING ITEMS REZONE APPLICATION (a) EVOY, DR. ROBERT, Appl. No. R-698-72; . rezone from P-1 to B-1; property located on S. 4th Place between Rainier and '1 - Shattuck Avenues S. The Chairman described the rezone applicaton. Assistant Planner '. Hansen displayed vicinity map and site plan and pointed out • , property location, noting the application is for all the lots on the southerly side of S. 4th Place between Rainier and ' Shat- tuck Avenues S. The property was originally zoned P-1. to :allow clinics and other quasi-public uses relating to the old Valley General Hospital which was located on the property to the north f` .' now occupied by K-Mart. Relocation 'of Valley General Hospital and construction of K-Mart has changed the character of the area which -is now showing potential for commercial development. The rezone request is in agreement with the Comprehensive Land + se Plan. Slides of the property were shown. . • Syman Houk of the Engineering Department stated subject property ..djoins two new Urban Arterial Board projects which are now in ': ©esl.gn preparation. At this time, the Engineering Department Renton Planning Commission Meeting June 28 , . 1972 Minutes - Page 2 feels there is possible need for a ten-foot utility easement on the west side of Shattuck. As the street improvements are , in preliminary design stage , the entire ten feet may not be utilized, but should be set aside for use if necessary; and the easement would allow the land owner to retain use of the property. Should eventual dedication become necessary, the city would enter into negotiation with the property owner at a later date. Discussion ensued concerning the property shown between the southerly boundary of subject property and the railroad right- 1 of-way, presently used for parking. Research by Houk indicates this strip belongs to the owner of lot 1 and the owner of lot 6 . Seymour inquired whether the property owner intends to replace the existing structures or if the intention is to retain the existing structures and convert them to commercial uses . Mr. John Sperle, 7424 S. 129th, representing the applicant, stated the property will be used for small business activities. The existing structures will be improved; no new structures will be constructed. Discussion ensued concerning provision for off-street parking as required by city ordinance. It was noted by the Assistant Planner that the parking requirement for clinic use is the' same as for commercial offices; namely, one off-street parking space for each two hundred square feet of gross floor area. If the present nonconforming parking remains , there is adequate parking area. The Planning Director indicated the site has certain problems with reference to off-street parking; some . of the present parking is nonconforming, and demolition of a portion of the buildings would be necessary in order to meet' new ordinance requirements. Seymour ekpressed concern regarding proposed commercial develop- /\ ment in this area .of the city ,and ..indicated Planning Commission __ site approval of development on this property might be desirable. Lengthy discussion ensued concerning parking requirements ,, pro- cedure for issuance of occupancy permits, review of building plans by the Planning Department, utility easement as requested by the Engineering Department, and uses permitted in a B-1 zone. Upon Commission inquiry, Mr. Sperle indicated the applicant, Dr. Evoy, would be willing to grant the ten-foot utility ease- ment on the west side of Shattuck Avenue requested by the Engineering Department. At the conclusionlof the discussion, it was MOVED BY ROSS ,.: SECONDED BY DENZER,' 'THAT THE HEARING BE' CLOSED. MOTION CARRIED. ACTION: MOVED BY SEYMOUR, SECONDED BY MOLA, THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE DR . EVOY APPLICA- TION FOR REZONE FROM P-1 TO B-1 AND THAT ANY BUILDINGS , STRUCTURES OR LAND USES WHICH ARE BUILT. OR ENLARGED IN EXCESS OF ONE-THIRD OF THE THEN EXISTING BUILDING, STRUCTURE OR LAND USE BE SUBMITTED TO THE PLANNING COMMISSION FOR SITE APPROVAL; AND FURTHER , THAT THE APPLICANT WILL GRANT A TEN-FOOT UTILITY EASEMENT ALONG THE EASTERLY PROPERTY LINE. THE REZONE REQUEST IS IN AGREEMENT WITH THE COMPREHENSIVE LAND USE PLAN. MOTION CARRIED. V , „Renton Planning. Commission , . - Meeting June .14 , 1972 = . is ,Minutes - `Page 2 ;; . -'{' REZONE APPLICATION ' . -. ,,: . . 4_ (a) EVOY, . DR. ROBERT; Appl. No: R-698-72; rezone from P-1 to. • B-1; located on. S . 4th Place between Rainier and. *property Shattuck Ayes. S is The Assistant Planner described the rezone application, noting ' i' , the property is located' directly south of the former Valley " ' r , , General Hospital site, now -the location of K Mart. Vicinity ' ;•? . ` ' ;. map and site plan were. displayed. Slides of the property were shown. The Planning Director noted the proposed use for .retail stores is in agreement with the Comprehensive Land Use Plan.. := , , .r.' ; Ross inquired regarding need for additional right-of-way on Shattuck and whether there is a plan for .improving. the Shattuck ;:.i Ft•,,,, :' : underpass. : ,Lyman Houk of.' the Engineering.. Department replied ' there would be some additional.right-of-way .required from the : ' i,,• : 'r railroad. A date for improvement of. Shattuck has not been . ' . established at this time. SITE PLAN -APPROVAL APPLICATIONS N.,,,, :(b) PUGET'. SOUND POWER & LIGHT CO. ,. Appl No. SA-696-72; site il`j ," plan approval for electrical distribution substation in resi- ,1::;r:: dential zone; property located on south side of NE 12th St. , , , 145 ' west of. Edmonds Ave: NE ' The Assistant-Planner described the application and displayed ' ;'.'. - vicinity' map; . and site plan.. Slides were shown. : ' The property ' ` ' ,: is presently zoned single family residential except for a ];!:`: ' ' portion, to the south zoned commercial.. Future access to the ::.: , . : southerly portion zoned commercial is via a twenty foot access ' , `, ',: ' road along:the west side of the property from NE 12th •Street. .•. `',;n:' The applicant proposes to set the substation back thirty'. feet ' ,:: ii- ;,,;,,, :, from the existing right-of-way ,line of NE 12th Street to allow ,,, `',; ';_: , ', for :future ',street widening. The natural vegetation of the :area ' ~, ;,:will be maintained. Landscaping will.•be provided to screen the' . proposed substation.: • The Assistant Planner advised that he had visited the sites of ,,` ~,': three 'existing substations in the area, and it appears that , - ' noise generated. by. the -development may. have. a decided impact' „-:; on the surrounding area. The Commission may. wish to consider. ' "', a. more denselylandscaped buffer alongthe west property' line , �; P P P Y .,;,` - ',.'for' the protection of the': adjacent single family residence. ,` .`' 'Also, additional • screening on the westerly, property line would '. ' ; . :,, ;.; ` ,:•, ;;;;; be desirable. because 'if the twenty-foot easement. strip were ';" _ ''- : developed,. •some .landscaping ,would be removed. - Considerable discussion ensued among Commission members and f ``.':_i;;s staff concerning- the, proposed. substation, ,type of installation, , .' . environmental impact'on the surrounding area due to sight 'and , , ' ` ` ' 'noise. .It was also', noted by Commission' members that the size :.',;1: ; of the proposed site would permit addition of more transformers. „ than presently proposed, . causing increased noise with possible :';;`' :-;'-;"::-detrimental effects on surrounding properties. . e Planning 'Director advised that public utilities are per-. '' :` `'' ' ; ti., ' - mitted in single family, Th . zones upon . approval by the Planning -: Commission of the use, plans, design and determination that "''', ' " ::,: the development would not be detrimental' to the adjacent sur- - rounding properties and the enjoyment thereof The Planning '' , ' Director stated further that consultation by Puget Sound Power ': ': .& Light Company with' the staff and the Planning Commission prior : ' . AFFIDAVIT 1 , 1:°=„,1 rc,,Nr7 n being duly sworn, declare that I am the owner of the property involved in this application and that the , foregoing statements and answers herein contained and the information herewith submitted are in all respects true and correct to the best of . my knowledge and belief. Subscribed and sworn before me this 12 day of June , 19 72 , Notary Public in and for the State of • Was in ton, residing at �,,.w1 a • 4 ' 4 ) • -•-2-e----/-ee--- . Lv,A, a:-7-,ti-s -----etv .' (N , e of Not `Pub ' c) ignature of Otninerj �. ,r ::, .. 7f1:24 S. 1 ;9th. Scottie , ,;o:;h. 98178 r- :zo 0 . 4 (Address) s) (A�ress) LA-UIVe/j/1.,2 (City) (State) • A-2-- S--/ 72, -Z . (Telephone) • (FOR OFFICE USE ONLY) CERTIFICATION This is to certify that the foregoing application has been inspected by me and has been found to be thorough and complete in every particular and to conform to the rule Tdn�/�reyulations of the Renton Planning Department governing the fi'lf g fi--Y c� \ application . illi OW-b j'.i • Date Received U , 19 By: 1 - 1 q�`G �E?vQ, Renton Planning Dept. Revised May 1970 NOTICE OF PUBLIC HEARING• RENTON PLANNING COMMISSION RENTON, WASHINGTON `1, A PUBLIC HEARING WILL BE HELD BY THE RENTON PLANNING COMMISSION AT ITS . ; REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON ' ON JUNE 28 ' , . 1972 , AT 8 : 00 P .M., TO CONSIDER THE FOLLOWING PETITIONS : SITE PLAN APPROVAL, FOR ELECTRICAL DISTRIBUTION SUBSTATION IN RESIDENTIAL ZONE; property located on south side of NE 12 St. , 145 ' west of Edmonds Ave. NE. , SITE PLAN APPROVAL FOR MEDICAL OFFICES IN P-1 ZONE; property located north of Valley General Hospital between Talbot Rd. S. ' and freeway. Evoy REZONE FROM 'P-1 TO B-l; property located on S. 4 Pl. between Rainier and Shattuck Ayes. S. Legal description on file in Planning Dept. `office. ALL PERSONS INTERESTED OR OBJECTING TO SAID PETITIONS ARE INVITEDTO BE PRESENT AT THE PLANNING COMMISSION MEETING ON JUNE 28 , 1972,' AT 8 : 00 P.M. TO VOICE THEIR PROTESTS OR. OBJECTIONS TO SAME . ANTHONE R. MOLA , SECRETARY : PUBLISHED June 16, 1972 RENTON PLANNING COMMISSION CERTIFICATION I, Richard B. Hansen , 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 sworn ' ` SIG, E . to before me., a 'Notary Public, on the 16 day of June '19 72