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LUA80-137
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J;a.',eri':'1?�.x''':..G:i :�'. f:, t. • • Applicant RENTON VILLAGE VETERINARY SUPPLY CO. , File No. R-137-80, V-007-81 Project Name SAME r' I I Property Location East side of Talbot Road South, • • south of FAI-405 and north of Puget Dr. S. 1 HEARING EXAMINER: Date 2-27-81 1 ' Recommendation Approval with restrictive I • I covenants , • Req./Rec. Date Received � Date Response _aji�.g/ I 3/i3/8 I. Appeal - Date Received ...3/27/SY Council Approval - Date j I Ordinance #.. , 5 �/ y Date,/j/� i I • Mylar to County for Recording • , ' Mylar Recording # , • . • I; ' Remarks: 1� -T3ue` .iA,..p, Po r - -c)• 1CSI10tf% I 9 i • j 1 1 • • :r • • I • • } .elx ry • 't `�v4 6 l`., l i j PQ1a. a ."I� urRF • . -d''.`yR -'!''•[ k "q,. ,l 41 E 'i. • ^""•j4.'.: ;.Y,ti.,i t• }, 1 '� :)� :,,' is •a' �a Y 3. 1 ra,� t r t :� ii",4� ?':t Y .is.• riv'7 �. '1 +'.i' i' .1�'• eti: Li'•� ,.A� "Y. �.�L,• a� ..1�it: 4, wY•% f, :.}.. y t; `�yr rk, ,4: ,.5''n"<+,'f3�`,i�; .t.,F' a`(:r ri F , ". ,, ,d. ., :K, ^.A J, .Y. "t:"1,a, .,:) O• .pL„�y:wr 't:.'. , ,. 'r "tr ,:n ,: ., . i!„ t . ",,,,.; �j' *it; -/c."r . "{" ,r ° lii."4 'ntd'•x;,::: '. `,;n'-'+,s i r^• 4 • I: rYw t- ,xr�, ,t t. • a. P • t:Y= E.ri. (y �j^ s =jY� • ..a ,. .1� ,.•x�2'':,e..n. ..a. "if.'.�=a..•_...�-... .. .. ....., _..,x._ .i .a.. ,.....a n�. ,..,.., .a ... ..t......£.. _.. ... ..r � ... ., 9 Pit-t _2469,4_ • fh 1)-) I / I Ao5 I / - sIL sA ' ,"/ / /; cif I l °{ / / � , •) iy Iv / / ! P' W / 1 • ,," ''• )0 pa qI / i i70. 4C p \IP • . .aI I E. 2 I ' " \ in : G�tej, I., = .,1 [12 \ / k *s- U' z j i \ \ i \ . 0 :, i o $ RS yc" ° I I_ a 9i `� ` , . w m0 , la I mo,±I m f --' I 1 �i9.9 1 Sin'40 w - - --- 60.79' -!• , I I I CITY OF SEA L DIABLO EASE PUGET ER- / I •" / • a x;e ' / / / �� a : 1 POINT O[OINNNN LINT 0 / / USE NASTN/O[T [PO Pl-00-07 �fyl I O ff O � � R EAST 1/4 c• 'I! V20 RENTON VETERINARY REZONE to 8- 1 sc,s. r' '°' SUPPLY COMPANY SITE PLAN Right-of-Way from GS-1 Right-of-Way from R-4 ' 9015 TALBOT ROAD SOUTH, RENTON, WA. 12- -so 226.3360 (Limited Use Permit 20.23.05 0711 ) • EXHIBIT . "A" g— 1 3 7 50 That portion of the Northwest 1/4 of Section 20, and the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as .follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44'05" East along the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power Administration's right-of-way as contained in instrument under Auditor's File No. 3292927 and the true point of beginning; thence North 42°35'54" West along said Northeasterly line 221. 87 feet to the East line of Talbot Road Extension; thence North 2°39'07" East along said East line 77.94 feet to the Southerly\line of F. S. H. No. 1; thence along said Southerly line • on a curve to the left with a radius of 2,030.00 feet, the radial center of which bears North 26°50' 55" West; thence along said curve to the left, an arc distance of 183.97 feet to theHintersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25'15" East 3;025.00 feet; thence along the arc or said curve a distance of 42.54 feet to a point on said curve that bears North 89°46 '24" East 160.00 feet when measured radially from the center line 'of 'the Benson Road at Highway Engineer's Station 36-50; thence South 25°48'51" East along said right-of-way line 171.45 feet to a point which measured South 86°46 '25" West 90.00 feet when measured radially from the center line of Benson Road at Highway Engineer's Station 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2,955.00 feet an arc distance of 169.49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23449" West 68. 31 feet along said-North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42°35' 54" West along said Northeasterly line 50.61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a point on the Southwesterly line of beforementioned Bonneville Power Administration's right of way, which point is North 0°44 '05" East 423.19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35'54" West along said Southwesterly line 139. 29 feet to the true point of beginning; thence continuing North 42°35 '54" West 88. 50 feet to 'a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88°36 ' 39" East 2,795.00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle '.s 200 foot Diablo right-of-way, as contained in instrument recorded under Auditor's File No. 3560496; thence North 87°23' 49" East along said North line 60 .79 feet to the true point of beginning. r Affidavit of Publication I, . STATE OF WASHINGTON COUNTY OF KING ss. ri4'. .o1e Roe being first duly sworn on oath,deposes and says that is the hief Clerk of THE DAILY RECORD CHRONICLE,a newspaper published six(6)times a week.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of publication referred to, printed and published ih the English language continually as a newspaper published four(4)times a week in Kent,King County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the Daily Record Chronicle has been approved as a legal newspaper by order of the Superior Court of the County in which it is published,to-wit,King County, Washington.That the annexed is a Qrdni'n R6 3 as it was published in regular issues(and not in supplement form of said newspaper) once each issue for a period 1 of 1 consecutive issues,commencing on the 1 15...day of i 55'. ,1981 ,and ending the I day of ,19 ,both dates inclusive, and that such newspaper was regularly distributed to its sub- scribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ 38 2,9which has been paid in full at the rate of per folio of one hundred words for the first insertion and per folio of one hundred words for each subsequent insertion. .. . . i/d4e---- Chief C:lTk 22 Subscribed and sworn to before me this day of May 91 af.:4- e Notary Public in and for the State of Washington, residing at Kefft, King County. —Passed by the Legislature,1955,known as Senate Bill 281,effective June 9th, 1955. —Western Union Telegraph Co. rules for counting words and figures, adopted by the newspapers of the State. \ V.P.C.Form No.87 Rev.7-79 • OF R4,1, THE CITY OF RENTON t$ Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 0 IMMI. BARBARA Y. SHINPOCH, MAYOR • DELORES A. ME co- CITY CLERK • (206) 0 D '47^ SEP1 MiLy 27, 1981 Renton Village Veterinary Supply Company 9)5 Talbot Rd. S. Renton, WA 98055 • ATTN: Mrs.Philip F. Irwin & Mr. Frank J. Fall, Jr. RE: Recorded Document(s) Restrictive Covenants (Rezone 137-FX Renton Village Veterinary Supply Co. Gentlemen, Enclosed herewith are copies of the document(s) that have been r( with King Co. The original document(s) are on file in the City ( Office. you have any further questions, please, do not hesitate to ca] this office. Very truly yours, CITY OF RENTON oarieted, a. 72.-teeth Delores A. Mead, C.M, City Clerk DAM:db ENC: 1 7' 137- z(J • 1:i..6HSL DECLARATION OF RESTRICTIVE COVENANTS WHEREAS , Philip F. Irwin and Frank J . Fall , Jr. , partners in Renton Village Veterinary Supply Company, are the owners of the following Ireal property in the City of Renton, County of King, State of Washington, described as follows : . See Exhibit "A" attached hereto and made a part • Q` hereof as if fully set forth herein CD WHEREAS , the owner of said described CDproper.tX, hereinafter referred to as "the property" , desires to impose the following restrictive covenants running with the land as to the use of the C) land hereinabove described with respect to the use by the undersigned , • their successors , heirs and assigns , as follows : Not more than 49% of the above described real property shall be used for asphalt covered parking. DURATION : These covenants shall run with the land and expire upon development of the property . Proper legal procedures in the Superior Court of King County may be instigated by either the City of Renton or any property owners adjoining subject property who are adversely affected by any violation or breach of these restrictive covenants . Reasonable attorneys ' fees incurred during an enforcement proceeding will be borne by the parties whom the court determines are in error and shall be entered as a judgment in such action. fi4/10 Pziiip F I ei�n - • Frank J . Fall , Jr. , STATE OF WASHINGTON ) ) ss COUNTY OF -KING ) • ' On this 7th day of May, 1981 , before me personally appeared Philip F. Irwin and Frank J . Fall , Jr. , to me known to be the persons who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said persons for the uses and purposes therein mentione• . IN WITNESS WHEREOF, I have hereunto - my .nd . . 'fixed my official seal the day and. year first - - - it en. Ail 4AIIPA -� /iia, „ /A� rV� AT REQE ft of• tWashington,ub ic lresidingrat exe 4 Kent • n., ?iia. CITY CLERK • F..) ': '),', VA 9R055 CITY OF RENTON, WASHINGTON • ORDINANCE NO.3544 AN ORDINANCE OF THE- CITY OF RENTON, WASHINGTON, CHANG- ING THE ZONING CLAS- SIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM • GENERAL CLASSIFICA- TION DISTRICT (GS-1) AND RESIDENCE DIS • - TRICT(R-4)TO BUSINESS DISTRICT(B-1) R-137-80 Section 1: An Ordinance changing certain property • located on the east side of Talbot Road South,south of FAI-405 and north of Puget Drive South, Renton, King County, Washington from • • General Classification Dis- trict (GS-1) and Residence District (R-4) to Business I District(B-1),which property ' is legally described as follows: All that portion of the City of Seattle's 200 foot Di- ablo right of way as con- tained in instrument re- corded under Auditor's I File No.3560496;and all that portion of the Bonne- ville Power Administra- tion's 100 foot right of • } way as contained in in- } strument recorded under Auditor's File No. 3292927; all in Sections - 19 and 20, Township 23 North, Range 5 East, W.M., described as II follows: BEGINNING at the quar-_ } ter corner common to } said Sections 19 and 20; I thence North 0°44'05" I East along the common 1•section line 454.85 feet to the TRUE POINT•OF BEGINNING: thence North 87°23'49" East 113.53 feet; thence Northerly along a curve to the right having a radius of 2955.00 feet, • through a central angle ' of 01°27'32", a distance of 75.25 feet; thence South 87°23'49" West _ 68.31 feet;thence North 42°35'54" West 272.48 feet; thence .South 02°39'07 West, 79.88 feet; thence Southerly along a curve to the left , having a radius of • 2,795.00 feet,.through a central angle of 01°15'46", a distance of 61.60 feet;thence South 42°35'54"-East--88.50 - 0 feet; thence .South 87°23'49" West 60.79 feet to the Easterly mar- • gin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795.00 feet through a central angle of 01P 32'15" a distance of 75.01 feet; thence • North 87°23'49" East 154.59 feet to the TRUE • I POINT OF BEGINNING. ISubject to all easements and rights of record. Section 2:This Ordinance was adopted on May 11th, 1981. A full text of this Ordinance will be mailed without charge upon request ,to the_City Clerk. • • Published in the Daily Re- cord Chronicle May 15, 1981. R6534 4 . EXHIBIT A • LEGAL DESCRIPTION All that portion of the City of Seattle's 200 foot Diablo right of way as contained in instrument recorded under 'Auditor's File No. 3560496; and all that portion of the Bonneville Power Administration's 100 foot right of way as contained in instrument recorded under Auditor's File No. 3292927; all in Sections ,19 .and 20, Township 23 North, Range 5 East, W.P•i. , described as follows: BEGINNING at the quarter corner common to said Sections 19 and 20; thence North 0°44 '05" East along the common section line 454 .85 feet to the TRUE POINT OF BEGINNING; thence North 87°23'49 CDEast 113 .53 feet; thence Northerly along a curve to the right Ohaving a radius of 2955.00 feet, through a central angle of _. 01°27 ' 32" , a distance of •75.25 feet; thence South 87°23'49" West — 68.31 feet;-• thence North 42°35 ' 54" West 272.48 feet; thence o South 02°39 ' 07" West, 79.•88 feet; thence Southerly along a curve to the left having a radius of 2,795.00 feet, through a central c0 angle of 01°15 '46" , a distance of 61.60 feet; thence South 42°33' East 88.50 feet; thence South 87°23 '49" West 60.79 feet to the Easterly margin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795.00 feet through a central angle of 01°32 '15" a distance of 75.01 feet; thence North 87°23 '49" East 154 .59 feet to the TRUE• POINT OF BEGINNING. Subject to all easements and rights of record. • • • • vli tioII 11'147 RECORD'; . ELEC i LOTS / 8105110489 A05 I/ 5 / 3I ge- I 8 'el z/ I 1 1 / ��j= 9� / / I / . I 1 ro' /Aa'. � � rr w' ro' �'f. A h I 1 • _ ' 4\ \ I I` 1 r. " I F "I F I 1 li 1 \` Puget Power Limited Use Permit g 2 ' a , \\ Area in Yellow I e �' ,I I Area Rezoned also in yellow sif ta. =x • I p tr., t ').. I. , ., i Area .described under Exhibit "A" H • 4 iv �$F , y\ \ i s in Yellow \ Ts; o \ �Ta W >; il o N. z I I z a n I1- ic.. m z 1 I IoijlW el) I J1 r 06 o 20'El -- I I y's11 r •.. - -- / 60.79 • I f 1' IlL T1T ± . SEA L OIABLO EAS Is.,Ro' j / ?�kti aLe et Ma u•.n' am •__ womaz Q pIM .rtIMMIM LIMIT - i I;1 Orr MIT 10-U�-0r / MICIMM / mit, RENTON VETERINARY REZONE to 8- 1 Seals r. 40' Right-of-Way from GS-I SITE PLAN A N SUPPLY COMPANY Right-of-Way from R-4 S 1 906 7AL6DT ROAD SOUTH, RENTON, WA. 12-15-80 (Limited Use Permit 20-23-05 12-27-0D ti 226-3360 0711 r 1, • OF RA, • THE CITY OF RENTON U ® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 n CHARI,ES J. DELAURENTI , MAYOR • DELORES A. MEAD oho co- CITY CLERK 0 SEP-C° May 1; , 1 L,L • Don Dahistitl 2,46 ;;nth Ave ;`ts. Kirkland, ',NA 96033 • RE: . Menton Village Veterinary Supply Company R;zoce • Dear Sir: The Renton City Council, during its regular meeting on Monday, Llay 11, 1981 (has adopted Ordi nnuee No. 3544. A copy is enclosed for your information. Yours very truly, CITY OF RENTON • Delores A. Mead, C.N. C. City Cleric DAM:A(91) ,, Enclosure 1 • OF R�� o TIFF CITY OF RENTON U `• ® Z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 CHARLES J. DELAURENTI MAYOR DELORES A. MEAD DQ9 SEP� �Pco' �'i?:'°C. e� 7�:;n= `t CITY CLERK "TFO E�� 1,4ay 14, 1i%o1 • 1011 t''1t'tS :301 SW Grady Way Renton,, WA 98053 • : • : Renton Village Veterinary Supply Company R;r; nc Sir: The Renton City Council, during its regular • meeting on Monday, 1;:i.,y 11, 1981, has adopted Ordinance No. 3544 A copy is enclosed for your information. Yours very truly, CITY OF RENTON Delores A. Mead, C.N. C. • City Clerk DAM:JiabCl a Enclosure' 1. • • • • • r e ' , • CITY OF RENTON , WASHINGTON ORDINANCE NO . 3544 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, CHANGING THE ZONING CLASSIFICATION OF CERTAIN PROPERTIES WITHIN THE CITY OF RENTON FROM GENERAL CLASSIFICATION DISTRICT (GS-1) AND RESIDENCE DISTRICT (R-4) TO BUSINESS DISTRICT (B-1) (R-137-80 - RENTON VILLAGE VETERINARY SUPPLY COMPANY) WHEREAS under Chapter 7 , Title . IV (Building Regulations) of Ordinance No . 1628 entitled "Code of General Ordinances of the City • of Renton" , as amended, and the maps and reports adopted in conjunctior therewith, the property hereinbelow described has heretofore been zoned as General Classification District (GS-1) and Residence District (R-4) ; and WHEREAS a proper petition for change of zone classification of said property has been filed with the Planning Department on or about December 30 , 1980 , which petition was duly referred to the Hearing Examiner for investigation, study and public hearing , and a public hearing having been held thereon on or about February 17 , 1981 , and said matter having been duly considered by the Hearing Examiner and having been approved subject to conditions , and the matter having been appealed to the City Council of the City of Renton and the City Council having modified the Hearing Examiner' s decision, and said zoning request being in conformity with the City ' s Compre- hensive Plan , as amended, and the City Council having duly considered all matters relevant thereto, and all parties having been heard appeari in support thereof or in opposition thereto , NOW THEREFORE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON , DO ORDAIN AS FOLLOWS : SECTION I : The following described property in the City of Renton is hereby rezoned to Business District (B-1) as hereinafter specified; the Planning Director is hereby authorized and directed -1- to change the maps of the Zoning Ordinance , as amended, to evidence • said rezoning , to-wit : See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. (Said property being located on the east side of Talbot Road South, south of FAI-405 and north of Puget Drive. South) AND SUBJECT FURTHER to that certain Declaration of Restrictive Covenants executed by Petitioner-owners on or about May 7, 1981 and recorded in the office of the Director of Records and Elections Receiving No . 8105110489 , and which said Covenants are hereby incorporated and made a part hereof as if fully set forth. SECTION II : This Ordinance shall be effective upon its • passage , approval and five days after its publication. PASSED BY THE. CITY COUNCIL this llth day of May , 1981 . Delores A. Seal; City(. Clerk. APPROVED BY THE MAYOR this llth day of May , 1981- thb-Ctita2 . tut-VO Barbara Y. 5hinpoch, Mayor Approved as to form: :.,.t ^� ., • Lawrence J . Warren, City Attorney Date of Publication : May 15, 1981 (Summary Form) . � EXHIBIT A Ordinance No. 3544 • LEGAL DESCRIPTION R 137-80 All that portion of the City of Seattle's 200 foot Diablo right of way as contained in instrument recorded under 'Auditor's File No. 3560496; and all that portion of the Bonneville Power Administration's 100 foot right of way as contained in instrument recorded under Auditor's File No. 3292927; all in Sections ,l9 .and 20, Township 23 North, Range 5 East, W.M. , described as follows: BEGINNING at the quarter corner common to said Sections 19 and 20; thence North 0°44 '05" East along the common section line • 454 . 85 feet to the TRUE POINT OF BEGINNING; thence North 87°23'49" East 113 .53 feet; thence Northerly along a curve to the right having a radius of 2955.00 feet, through a central angle of • 01°27 ' 32" , a distance of 75.25 feet; thence South 87°23'49" West ' 68.31 feet;"' thence North 42°35 ' 54" West 272.48 feet; thence South 02°39 ' 07" .West, 79 .•88 feet; thence Southerly along a curve to the left having a radius of 2,795.00 feet, through a central angle of 01°15 ' 46" , a distance of 61.60 feet; thence South 42°35'5, East 88.50 feet; thence South 87°23'49" West 60 .79 feet to the Easterly margin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795. 00 feet through a central angle of 01°32 '15" a distance of 75.01 feet; thence North 87°23 '49" East 154 .59 feet to the TRUE POINT OF BEGINNING. Subject to all easements and rights of record. • • • I a / t 9 Vf//114 51TE TO (,E RE-tONEt To 8- 1 y � .1 • 0 _% 1"i : Sa 4 _ "_A / , •i; 1'A • i . i / : I 1 \ • t ' I ' , i r / 1 i\ , ` ro•• lig\ .\11\ii. i., w ' 1 I / o le to' 1 $. ° 1 h' I F s a 11 11\' \\ 1 I i oo, i i .3 61 'I ‘ ‘ \\ io, gi" i 1 0,0 .. P .5:12: \ \ I -3 t\ \ • 8 \ 41 S �J. ' G 1 ', Cam] y mIo =i I c ': ' , WI I • *-Y m 1 470 t y, .0*&& I . . Al AWO ' -r. lomplion \ �0$ 10074.4oIaeLo EASEMENT' OIll I OH . Ht�rn.t 11.? •. / , / NOV.pp[[ O / pit,_j_... goy.1.I" .,..:1r. .10........... ...... . _ ScNr r. 40' REZONE RENTON VETER \.ARY ( Rig' -oof-Wayf fromm cS-► SUPPLY COMPANY SITE PLANRight-of-Way from R-4 ,2-4540 905 TALBOT ROAD SOUTH, RENTON, WA (Limited Use Permit 20-23-05 r:-r-'° 220-3360 0711 ) • Ty INTEROFFICE • • CORRESPONDENCE Date 5-1 1-8 1 • TO: PLANNING DEPT . FROM: ENGINEERING DEPT . SUBJECT: RENTON VILLAGE VETERINARY SUPPLY CO . RE-ZONE R-137-80 WE HAVE EXAMINED THE LEGAL DESCRIPTION OF SAID SUBJECT RE-ZONE R-137-80 AND FOUND IT CORRECT ACCORDING TO THEIR SUBMITTAL • SURVEYING MAP . ENCLOSED , PLEASE FIND THE LEGAL DESCRIPTION PRESENTED AS EXHIBIT A AND THE SURVEYING MAP OF SAID RE-ZONE R-137-80 . • *Cla...k)frec.,4" f 47 f° ya ABDOUL GAFOUR �-;'+ v �, =fE ENGINEERING DEPT . .J 4,`1 ��J�1` of rei.y>� � V.Y1 ATTACHMENT ' I EXEIIBIT A • , • LEGAL DESCRIPTION All that portion of the City of Seattle's 200 foot Diablo right of way as contained in instrument recorded under 'Auditor's File No.. 3560496; and all—that portion of the Bonneville Power Administration's 100 foot right of way as contained in instrument recorded under Auditor's File No. 3292927; all in Sections ,19 .and 20, Township 23 ; North, Range 5 East, W.M., described as follows: BEGINNING at the quarter corner common to said Sections 19 and 20; thence North 0°44 '05" East along the common section line 454 .85 feet to the TRUE POINT OF BEGINNING; thence North 87°23'49° East 113.53 feet; thence Northerly along a curve to the right having a radius of 2955.00 feet, through a central angle of • 01°27 '32" , a distance of 75.25 feet;. thence South 87°23'49" West • 68.31 feet;"'• thence North 42°35 '54" West 272.48 feet; thence South 02°39 '07" West, 79:88 feet; thence Southerly along a curve to the left having a radius of 2,795.00 feet, through a central angle of 01°15'46", a distance of 61.60 feet; thence South 42°35'54' East 88.50 feet;) thence South 87°23'49" West 60.79 feet to the Easterly Margin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795.00 feet through a central angle of 01°32 '15" a distance of 75.01 feet; thence North 87°23'49" East 154 .59 feet to the TRUE POINT OF BEGINNING. • Subject to all easements and rights of record. • • • • • • • . • • . • • • • • \ 14 r • . • / i////!/4 51T E, TO fi£ RE.-toKEo To 8-1 ‘1,0' 1 / i <, fl./ 1 A,::;:'' / I i 111 ) ' • . i 1 € I ; 1 I 1 I\ 1 i = aao " % ' 1.� ��, i 7: 14\ \ . t-t1 v I ►r 5, a i 49, i -a• .\ 111 \ \`\ I / : 1 i • , ‘ \ \\ a ' n • I I 1 QQ ol= III I ' O S Y �9 i i J I Lr 1 \ - \\ \ \ o -c. t+ !_�: O / F e� 1.�'•-s • m m � 1 /:4frtai • i . .. ., . '...,,,,,11144wrg ., POW DU Woe;LINT • r / , uaa .nr io-u-otor / war rant p i 1 p REZONE tfr - 1 sc�, r• .o' RENTON VETERINARY SITE PI Right-of-Way from C S-I SUPPLY COMPANY Right-of-Way from R-4 a, 905 TALBOT ROAD SOUTH. RENTON,WA- (Limited Use Permit 20-23�5 12-=''0 z26-3360 0711 ) }.�\Nti a l+1 5 (314Y S y - .,' r �if k ` - 1 \\ , t. 1 `•JT..,,.,,r_.Jar �.� ,is■ i t R},� q-,1 11 4 : ►'•. u.1 r r...1 \ i'` \ �'�s L 11''1t..�`''C ^�'i , ;ti"'Ala»' ,,' 'a-"5'�Y' 'i :'',.1."I ♦ \ to • -4 t , # ;. 4. ,, \_L_ , MP rot c �.4.1, a `!. \ k I� I ' fit�1�§ ti F ♦• �� ,Nit ........ .,„..........\\,\ 6Ldr.j...--gi.f.4,,,,,z, :-:4t„,,.'zrit t eiraralli'Illuir.,,': >1'.Af4, r 43,...., mar, sm. . \ \ • 111 4 ` ,.it s= III f' ,If f �k '� �1 \\ \\ i3y �!�.s�rie� �w _4 NIP _MI " A -i`-. 1. �: — y -- 1 p 1 1 . 10..,/,., .... , . , , ,Pr€3 0 Si•I2, •s•\ . , „.,, , , A 1 . A. - p. Ilit I b > o 1 I I - tl ff - Ir' 1, `�`---__.. I ' H. i L 4/ Air __ -y ,- . t ;, '� -��[ 00,1 1 . I :.d 4Y.\W ;Y ��11 4 ��4,-....w.0,. n.,./ r� i r` 111. 41...4..• ...,..keAlliall 114 •\ ‘\W I , j* i1 �r� " bleu on: ■ a �, f1 , �� i triLlokte. i ©.� , Mooal�og f oo�a ���m'i`��w��,�; QiRl7+1 ���! MR, k om \'r 4�`4 \\\♦♦r` ° '�1# � 14-1 ���N�eC'I •o = •�;�., Roam BM, .i 4'......111h1H: fNovi 4;1' 's '•":4.17' 4' D .: •.i I:`,WI I 1 I I 1 Pt 1 Ki. • ' • . . :J" `•.7?',•• - ' lekt__... .. .. 0. rilirPr.‘,.• ,,,,,. 14— "III Rem/ 1.-- ...._...i.•-•,, .- ��g( .�. • [ice "A . , rAi yppp '�F YYYY��. ® 4 it 'ry'il9sh RENTON VILLAGE VETERINARY SUPPLY COMPANY R-137-80, V-007--81 • i' , I , i . APPLICANT RENTON VILLAGE'VETERINARY SUPPLY CO. TOTAL AREA • +37,700 sq. ft. PRINCIPAL ACCESS Via Talbot Road South EXISTING ZONING GS-1; R--4 • I EXISTING USE Undeveloped I • PROPOSED USE Parking ,associated with a business. i COMPREHENSIVE LAND USE PLAN Greenbelt, Mediun Density Multiple Family COMMENTS i• • i I 1 1 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT APRIL 27, 1981 APPEAL OF RENTON VILLAGE VETERINARY SUPPLY COMPANY REZONE R-137-80 V-007-80 (Referred 4/6/81) The Planning and Development Committee has considered the appeal of Renton Village Veterinary Supply Company from the recommendation of the Hearing Examiner dated February 27, 1981 as modified by the correspondence of the Hearing Examiner dated March 10, 1981 and March 16, 1981 , and find that Conclusion No. 6 is in error in that there is no blockage of view caused by the proposed variance. The Committee recommends that the City Council grant the variance as requested by the applicant to allow construction of structural improvements no greater than 10 feet from the property line between the applicant and the State Highway. Randy Rohill , Chairman tom: Earl Clymer John Reed ._. N- I 57 -2(v RENTON CITY COUNCIL Regular Meeting April 27 , 1981 Municipal Building Monday , 8 : 00 P . M . Council Chambers MINUTES CALL TO ORDER Mayor Barbara Y. Shinpoch led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF RICHARD Mk STREDICKE, Council President; JOHN REED, CHARLES F. COUNCIL SHANE, THOMAS W. TRIMM, EARL CLYMER, ROBERT HUGHES AND RANDALL ROCKHILL. CITY OFFICIALS BARBARA Y. SHINPOCH, Mayor; LAWRENCE WARREN, City Attorney; IN ATTENDANCE MICHAEL PARNESS, Administrative Assistant; DELORES A. MEAD, City Clerk; RON NELSON, Building Director; RICHARD HOUGHTON, Public Works Director; LT. DON PERSSON, Police Dept. PRESS GREG ANDERSON, Renton Record Chronicle MINUTE APPROVAL MOVED BY STREDICKE, SECOND CLYMER, APPROVE COUNCIL MINUTES OF APRIL 20,j 1981 AS WRITTEN. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted, Street Vacation published and mailed,' Mayor Shinpoch opened the Public Hearing to Portion of consider 'the vacation of a portion of Jefferson Ave. NE located Jefferson Ave NE between NE 10th St. and NE 9th St. , Lots 32 and 33, petitioned by Highlands Highland Community Church, 3031 NE 10th St. Letter from the Community Church Board of 'Public Works recommended approval of the proposed street VAC-1-81 vacationiand explained the right-of-way is not necessary to the City's traffic circulation in the area, that easements must be maintained over the entire right-of-way. The Board recommended the value of ,the land be set at $2.60 per square foot, and that one- half or $1 .30 be charged to the applicant per sq.. ft. Persons present Don Schlemeier, 14220 145th SE, represented Highlands Community Church, explained the 36 year history of the church,the need for additional parking spaces and proposed growth. Mr. Schlemeier asked Council approval of Jefferson Ave. NE street vacation, support for temporary use permit of 4.59 acre site (matter before the Hearing Examiner) to allow parking and the street be deeded to the church at nominal fee, claiming lack of street maintenance and present City liability. C. Gevers, 900 Kirkland Ave. NE, recalled 1976 hearings for proposed street vacation, noting vacation had been denied due to area traffic problems and feared adverse traffic patterns on Kirkland,with vacation. Kay Johnson, 912 Kirkland Ave. NE, objected to egress onto Kirkland. Acting Public Works Director Houghton used map and explained streets of the area, including "phantom" street which is' not dedicated right-of-way. Mr. Schlemeier explained prior 1976 proposed street vacation had been petitioned by Globe Develop- ment Co. ' Parking in the Highlands Church area was discussed and upon inquiry, Public Works Director Houghton favored vacation to provide parking facility, noting trash being dumped on. Jefferson NE. Versie Vaupel , 400 Cedar Ave. S. , inquired if procedure differed for vacation, by individual , church or business and was advised by City Attorney: Warren that the Council has authority to charge up to one- half of the assessed value irrespective of petitioner. Following further discussion, it was MOVED BY ROCKHILL, SECOND STREDICKE, CLOSE THE PUBLIC HEARING . CARRIED. MOVED BY STREDICKE, SECOND BY ROCKHILL!, the Petitioner be granted vacation subject to restricted use permit with reversionary clause to the City if not used for church parking, the City retain its utility easements and fee of one-fourth assessed value be charged. MOTION FAILED. Vacation Granted MOVED BY, CLYMER, SECOND HUGHES, COUNCIL GRANT THE VACATION SUBJECT with Reversionary TO RESTRICTIVE USE PERMIT, INCLUDING A REVERSIONARY CLAUSE THAT Clause PROPERTY REVERT TO THE CITY IF NOT USED AS A PARKING LOT, EASEMENTS BE RETAINED AND NO FEE BE CHARGED. ROLL CALL: 5-AYES: REED, TRIMM, CLYMER, HUGHES, ROCKHILL; 2-NO: STREDICKE AND SHANE. CARRIED. MOVED BY CLYMER, SECOND HUGHES, REFER TO WAYS AND MEANS COMMITTEE. CARRIED. AUDIENCE COMMENT Phillip Irwin, 905 Talbot Rd. S, requested Council consider the Appeal of appeal of Hearing Examiner decision on application of the Renton Renton Village Village Veterinary Supply Co. Rezone R-137-80 V-007-80. MOVED BY Veterinary STREDICKE, SECOND ROCKHILL. THE PLANNING AND DEVELOPMENT COMMITTEE Supply Co. REPORT BE PRESENTED TO COUNCIL AT THIS TIME. CARRIED. Renton City Council 4/27/81 Page 2 Audience Comment - Continued - Planning and Development Committee Report - Continued Renton Village Planning and Development Committee Chairman Rockhill presented Veterinary committee report regarding appeal of Renton Village Veterinary Supply Co. `Supply Co. Rezone R-137-80 and Variance V-007-80 referred to Rezone R-137-80 committee 4/6/81 . The report explained consideration of the appeal and Variance 007 of the Hearing Examiner recommendation dated 2/27/81 as modified by the correspondence of the Hearing Examiner dated 3/10/81 and 3/16/81 and found that Conclusion No. 6 is in error in that there is no blockage of view caused by the proposed variance. The report recommended the City Council grant the variance as requested by the applicant to allow construction of structural improvements no greater than 10 feet from the property line between the appli- cant and the State Highway. MOVED BY ROCKHILL, SECOND REED, CON- CUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Fire Damage Police Lt. Persson reported fire destroyed the Frank Cenkovich home this evening, 2625 Benson Rd. Snag Bausono, Mrs. Cenkovich's father, was admitted to the hospital . Recess MOVED BY STREDICKE, SECOND SHANE, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. 9: 12 p.m. Council reconvened at 9:28 p.m. Roll Call : All Councilmen present; Shane arrived shortly. CONSENT AGENDA The following items are adopted by one motion, which follows the business matters included: Police Travel Letter from Police Chief Darby requested Council approval for Detective James Foust to attend the Western States Crime Conference in Santa Cruz, CA 5/4-6/81 . Advance travel requested in amount of $450. Council concur. Dochnahl Letter from City Clerk presented the 10% Letter of Intent to annex Annexation property to the City as petitioned by Dennis Dochnahl . State law Proposed requires signatures on the letter represent not less than 10% of the assessed value of the lands to be annexed; Planning Department Public Meeting certified signatures represent 68.34% of the assessed value. The 6/8/81 letter explained the Legislative Body, at the public meeting, will need to determine whether to accept the letter of intent; require adoption of the Comprehensive Plan, Zoning Ordinance and pre- existing bonded indebtedness, and to authorize circulation of the 75% petition. The proposed annexation is located at .SE 128th St. and 136th Ave. SE. Council set 6/8/81 for public meeting. Court Case Complaint for Damages was filed in District Justice Court of King County by Washington Natural Gas Co. for alleged copper water service layed over 2" gas main. Refer to City Attorney. Environmental Letter from Planning Department requested temporary Environmental Review Review Committee appointment of Roger Blaylock, Associate Planner, Committee for the period 4/27 - 5/8/81 as the Environmental Ordinance provides that the ERC consists of three department heads and Acting Planning Director David Clemens will be attending a planning conference in Boston. Council concur. Travel Letter from the Finance Department requested an amendment to Approval Resolution #2255 to allow the Mayor to approve in-state and out-of- state travel deleting the requirement for Council approval . Refer to the Ways and Means Committee for amendment to the resolution. Appeal An appeal has been filed by Dominic Colasurdo re Land Use Hearing Dominic Examiner's recommendation of 4/6/81 Special Permit SP-024-81 to Colasurdo fill' and,grade existing drainage ditch and install storm drains; Special Permit located on south side of NE 4th St. east of Union Ave. NE. Refer to the Planning and Development Committee. Damages Claim Claim for Damages was filed by Menalee Adams, 1521 SE 6th, Portland, Oregon, for alleged injuries sustained from collision at the inter- section of Rainier Ave. S and S 3rd Place. Claim filed in the amount of $80,000. Refer to City Attorney and Insurance Carrier. Renton City Council 4/27/81 Page 2 Audience Comment - Continued - Planning and Development Committee Report - Continued Renton Village Planning and Development Committee Chairman Rockhill presented Veterinary committee report regarding appeal of Renton Vaillage Veterinary Supply Co. Supply, Co. Rezone R-137-80 and Variance V-007-80 referred to Rezone R-137-80 committee 4/6/81 . The report explained consideration of the appeal and Variance 007 of the Hearing Examiner recommendation dated 2/27/81 as modified by the correspondence of the Hearing Examiner dated 3/10/81 and 3/16/81 and found that Conclusion No. 6 is in error in that there is no blockage of view caused by the proposed variance. The report recommended the City Council grant the variance as requested by the applicant to allow construction of structural improvements no greater than 10 feet from the property line between the appli- cant and the State Highway. MOVED BY ROCKHILL, SECOND REED, CON- CUR IN THE RECOMMENDATION OF THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Fire Damage Police Lt. Persson reported fire destroyed the Frank Cenkovich home this evening, 2625 Benson Rd. Snag Bausono, Mrs. . Cenkovich's father, was admitted to the hospital . Recess MOVED BY STREDICKE, SECOND SHANE, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. 9: 12 p.m. Council reconvened at 9:28 p.m. Roll Call : All Councilmen present; Shane arrived shortly. CONSENT AGENDA The following items are adopted by one motion, which follows the business matters included: Police Travel Letter from Police Chief Darby requested Council approval for Detective James Foust to attend the Western States Crime Conference in Santa Cruz, CA 5/4-6/81 . Advance travel requested in amount of $450. Council concur. Dochnahl Letter from City Clerk presented the 10% Letter of Intent to annex Annexation property to the City as petitioned by Dennis Dochnahl . State law Proposed requires signatures on the letter represent not less than 10% of the assessed value of the lands to be annexed; Planning Department Public Meeting certified signatures represent 68.34% of the assessed value. The 6/8/81 letter explained the Legislative Body, at the public meeting, will need to determine whether to accept the letter of intent; require adoption of the Comprehensive Plan, Zoning Ordinance and pre- existing bonded indebtedness, and to authorize circulation of the 75% petition. The proposed annexation is located at SE 128th St. and 136th Ave. SE. Council set 6/8/81 for public meeting. Court Case Complaint for Damages was filed in District Justice Court of King County by Washington Natural Gas Co. for alleged copper water service layed over 2" gas main. Refer to City Attorney. Environmental Letter from Planning Department requested temporary Environmental Review Review Committee appointment of Roger Blaylock, Associate Planner, Committee for the period 4/27 - 5/8/81 as the Environmental Ordinance provides that the ERC consists of three department heads and Acting Planning Director David Clemens will be attending a planning conference in Boston. Council concur.' Travel Letter from the Finance Department requested an amendment to Approval Resolution #2255 to allow the Mayor to approve in-state and out-of- state travel deleting the requirement for Council_ approval . Refer to the Ways and Means Committee for amendment to the resolution. AppDominic eal An appeal has been filed by Dominic Colosurdo re Land Use Hearing Examiner's recommendation of 4/6/81 Special Permit SP-024-81 to Colosurdo fill and grade existing drainage ditch and install storm drains; Special Permit located on south side of NE 4th St. east of Union Ave. NE. Refer to the Planning and Development Committee. Damages Claim Claim for Damages was filed by Menalee Adams, 1521 SE 6th, Portland, Oregon, for alleged injuries sustained from collision at the inter- section of Rainier Ave. S and S 3rd Place. Claim filed in the amount of $80,000. Refer to City Attorney and Insurance Carrier. C_Je))(\<, PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT APRIL 27, 1981 APPEAL OF RENTON VILLAGE VETERINARY SUPPLY COMPANY REZONE R-137-80 V-007-80 (Referred 4/6/81 ) The Planning and Development Committee has considered the appeal of Renton Village Veterinary Supply Company from the recommendation of the Hearing Examiner dated February 27, 1981 as modified by the correspondence of the Hearing Examiner dated March 10, 1981 and March 16, 1981 , and find that Conclusion No. 6 is in error in that there is no blockage of view caused by the proposed variance. The Committee recommends that the City Council grant the variance as requested by the applicant to allow construction of structural improvements no greater than 10 feet from the property line between the applicant and the State Highway. Randy Ro kh 11 , Chairman Earl Clymer John Reed ncn LUn 1.I Ly l ounc I I 4/6/81 Page 4 Consent Agenda - Continu Appeal An appeal has been filed by Renton Veterinary Supply Co. (by Renton Village Robert L. Anderson, Atty.) of Hearing Examiner Fred Kaufman Veterinary Supply recommendation of approval with restrictive covenants re Rezone R-137-80 R-137-80 and V-007-80; property located on the east side of V-007-80 Talbot Rd. S, north of Puget Drive. Refer to the Planning and Development Committee for recommendation. L. I .D. #320 Letter from Public Works Department presented Local Improvement Preliminary District No. 320 Preliminary Assessment Roll in the amount of Assessment Roll $22,825, waterline in NE 27th Street east of Edmonds Ave. NE. Public Hearing Protest has been received from Attorney for Clarence Jones, 5/18/81 2625 NE 27th amounting to 47.26% (60% required to terminate the L. I .D. ) . Refer to the Ways and Means Committee for resolu- tion setting hearing date 5/18/81 . Consent Agenda MOVED BY STREDICKE, SECOND SHANE, CONSENT AGENDA BE AMENDED, THAT Approval COUNCIL APPROVE THE CONSENT AGENDA ITEMS AS SHOWN AND THE FOLLOW- ING ITEMS BE CONSIDERED SEPARATELY. CARRIED. Moratorium Letter from the Public Works Depart. requested amendment of Reso- Northeast Section lution No. 2381 (building moratorium pending sewers in the north- east section of the City) to include Burger King site, located on the southwest corner of Duvall and Sunset NE for sewer connec- tion. The letter stated a research of' the files indicated the site had previous approval when the total plan was approved, therefore, should be exempt from the moratorium. MOVED BY STREDICKE, SECOND REED, REFER THE MATTER OF BURGER KING AND ALSO CONCERNS OF JAMES DALPAY TO THE COMMITTEE OF THE WHOLE FOR DISCUSSION AT THE NEXT MEETING. CARRIED. LID #323 The Public Works Department presented L. I .D. No. 323 Preliminary SW 43rd St. Assessment Roll in the amount of $518,039 for street improvements Improvements to SW 43rd St. from East Valley Hwy. to West Valley Hwy. Resolu- Public Hearing tion requested setting public hearing date of 5/4/81 . Upon inquiry, Acting Public Works Director Houghton explained this LID and the following proposed LID are two separate areas. MOVED BY STREDICKE, SECOND READ, REFER MATTER TO WAYS AND MEANS COMMITTEE FOR RESOLUTION. CARRIED. Proposed LID A petition has been filed by Eugene R. Ekblad, Mercer Is. , request- Roadway ingan LID, roadwayconstruction in the area south of South 37th and west of Talbot Road. Public Works Dept. certified petition l00% ownership. MOVED BY CLYMER, SECOND ROCKHILL, REFER THE PETITION TO THE PUBLIC WORKS DEPARTMENT FOR PREPARATION OF THE PRELIMINARY ASSESSMENT ROLL. CARRIED. CORRESPONDENCE AND CURRENT BUSINESS Empire Estates Letter from First City Developments Corp. requested Council Phase II Sewer authorization for development of Phase II of the Empire Estates Empire Way property on Empire Way by connection of 23 acres to the City sewer. The letter stated the area is zoned RM 1800 by the county and is just outside the present city limits, however, city utili- ties serve Phase I which is completed. A letter from Acting Public Works Director Houghton was enclosed stating the city sewer has the capacity to serve the development, that the company has been advised policy issues are beyond staff discretion. Councilman Trimm requested First City Development Corp. be advised of Council policy that property located outside City boundaries cannot be served with City sewers. Councilman Stredicke called attention to his letter to First City dated 4/1/81 advising of zoning and annexation procedures. Council advised concurrence. Tiffany Park Letter from Drew and Delores Newlands, 1668 Lake Young Way SE, School Walkway called attention to a Public Walkway located between the streets of Index Ave. SE and Lake Youngs Way SE for travel to Tiffany Park School by children. The letter reported erosion, water run off damage, neglect and abandonment and requested the Council take action in delineating responsibility for City property by providing for water runoff and hard surface and fence or close For. Use By City Clerk's Office Only A. I . # c— AGENDA ITEM RENTON CITY COUNCIL MEETING SUBMITTING Dept./Div./Bd./Comm. .City Clerk' s Office For Agenda Of 4/6/81 (Meeting Date) Staff Contact Del Mead (Name) Agenda Status: SUBJECT: Appeal of Hearing Examiner' s Decision Consent XXX Renton Village Veterinary Supply Co. Public Hearing R-137-80 & V-007-81 Correspondence Ordinance/Resolution Old Business Exhibits: (Legal Descr. , Maps, Etc. )Attach New Business Study Session A. Appeal Other B. Hearing Examiner' s Decision 2/27/81 C• City Clerk' s Letter 3/30/81 Approval : Legal Dept. Yes No N/A X COUNCIL ACTION RECOMMENDED: Refer to Planning Finance Dept. Yes No. N/A X and Development Committee Other Clearance FISCAL IMPACT: Appropriation- Expenditure Required $ Amount $Budgeted Transfer Required SUMMARY (Background information, prior action and effect of implementation) (Attach additional pages if necessary. ) Appeal filed by Robert L. Anderson, Attorney for RentonVillage Veterinary Supply Co. Received 3/27/81 . PARTIES OF RECORD/INTERESTED CITIZENS TO BE CONTACTED: See File SUBMIT THIS COPY TO CITY CLERK-BY NOON ON THURSDAY WITH DOCUMENTATION. C OF 0 THE CITY OF RENTON t$ ® z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 n ammo BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 0'9,0 CITY CLERK • (206) 235-2500 0 �P 'ep SEPTE* March 30, 1981 • CERTIFICATE OF MAILING STATE OF WASHINGTON) ) ss. COUNTY OF KING ) DELORES A. MEAD, City Clerk of the City of Renton, being first duly sworn on oath, deposes and says that she is a citizen of the United States and a resident of the State of Washington, over the age of 21 and not a party to nor interested in this matter. That on the 30th day of March, 1981 , at the hour of 5:00 p.m. , your affiant duly mailed and placed in the United States Post .Office at Renton, King County, Washington, by first class mail , to all parties of record, a true and correct NOTICE OF APPEAL FILED BY ROBERT L. ANDERSON, ATTORNEY FOR RENTON VILLAGE VETERINARY SUPPLY COMPANY, Rezone R-137-80, and Variance V-007-81 . aooliht Delores A. Mead,� Cit Clerk SUBSCRIBED AND SWORN TO BEFORE me this 30th day of March, 1981 . e =-2 Notary Public in and for the State of Washington, residing in King County st NEED COPIES TO: SENT CITY ATTORNEY'S OFFICE �+ RECORD CHRONICLE (PRESS) MAYOR' S OFFICE CITY COUNCIL . FINANCE DEPARTMENT X 41 HEARING EXAMINER PLANNING DEPARTMENT x 4 PUBLIC WORKS DIRECTOR Y PARK DEPARTMENT PERSONNEL DEPARTMENT POLICE DEPARTMENT �`- /O/64d lAQQ!/e;/Ann/ (Ynis�iSSiO� X4rkri'G fJ J ii i; (;� rlaissi 7 X 'Am ,4f nn/ • OF RA,A A �y 0 THE CITY OF RENTON ,� MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 o eel o BARBARA Y. SHINPOCH, MAYOR • DELORES A. MEAD 9,0 co- CITY CLERK • (206) 235-2500 0 94" () SEPlEMO March 30, 1981 APPEAL FILED BY ROBERT L. ANDERSON, ATTORNEY FOR RENTON VILLAGE VETERINARY SUPPLY COMPANY RE: Appeal of Land Use Examiner' s Decision Dated February 27, 1981 , Renton Village Veterinary Supply Co. , Rezone R-137-80 and Variance V-007-81 To Parties of Record: Pursuant to Title 4, Chapter 30, City Code, written appeal of Land Use Hearing Examiner' s decision has been filed with _the City Clerk, along with the proper fee of $25.00. NOTICE IS HEREBY GIVEN that the written appeal and other pertinent documents will be reviewed by the Council ' s Planning and Development Committee and will be considered by the City Council when the matter is reported out of Committee. Please contact the Council Secretary 235-2586, for date and time of the committee and council meetings, should you desire to attend. Yours very truly, CITY OF RENTON od,h-te, a. 71e.ead Delores A. Mead, C.M.C. City Clerk DAM/st ANDERSON 8c JACKSON ATTORNEYS AT LAW ROBERT L.ANDERSON PHONE: RICHARD A.JACKSON III WILLIAMS AVENUE SOUTH-P.O.BOX 454 (206) 228-1880 RENTON,WASHINGTON 98057 March 26 , 1981 �C A c7,93&,'? ti MAR 1981 a RECEIVED Members of the Renton City Council CITY of REN-ION 0) City of Renton �' CLERK'S OFFICE q' Municipal Building `eeic, �E� Ir�� ,J I Renton, WA 98055 � _,.r Re : Appeal of Hearing Examiner' s Decision in Files Nos . R-137-80 and V-007-81 Dear Members of Renton City Council: By this letter, Renton Village Veterinary Supply Company, a general partnership, as owner and applicant , through one of its partners , Philip F. Irwin, D.V.M. , hereby submits its appeal from the Hearing Examiner' s decisions dated March 10 , 1981, and March 16 , 1981. ( This appeal is made pursuant to Title IV of Section 4-3016 of the Renton Municipal Code. The offices of Anderson E Jackson represent the above named parties . The applicant' s property is located on the east side of Talbot Road South, south of FAI-405 and north of Puget Drive South. This matter started as a re-zone application before the Land Use Hearing Examiner (R-137-80 ) . Thereafter applicant was advised that the variance matter (V-007-81) would also have to be included in the matters-coming before the Hearing Examiner. The Hearing Examiner approved the applicant' s rezone application but only partially approved the variance request . The variances requested were as. follows : 1. Reduction in required setback to 10 feet from 20 feet from state highway right-of-way. 2 . Relocate required five-=foot landscaping area to within the state highway right-of-way area. This area consists of a 20 foot area between the public sidewalk and the west property line of applicant' s property. Members of Renton City Council March 26 , 1981 Page 2 The Hearing Examiner granted the landscape variance and allowed the setback variance only as to nonstructural development, despite recommendations for approval by the Planning Department and Public Works . The only reviewing department which did not indicate approval was Traffic Engineering. The subject location presently has a six--foot sidewalk along the east side of Talbot Road and the undeveloped state right-of-way extends an additional 20 feet easterly to the west boundary line of applicant' s property. Under present city ordinance (Chapt. 7 , Sec. 4716) there is a 20-foot setback requirement from the owner' s lot line when fronting on a primary state highway within the city. (Copy of ordinance attached as Exhibit A) . Without a variance , this would result in a 40-foot buffer between the sidewalk and applicant' s proposed building. Applicant requested a variance so that his building setback requirements could be reduced from 20 feet to 10 feet. If granted, the net result would be a 30 foot distance between the proposed building and the sidewalk (20 feet of state right-of-way plus 10 feet of setback on applicant ' s property) . Mr. Richard Houghton, Acting Public Works Director, testified that the right-of-way for SR515 has already been acquired and is 140 feet in width or 70 feet on either side of the centerline. He also confirmed that SR-515 in front of the subject property is at maximum width due to the location of bridge supports under FAI-405 . Hearing Examiner' s, Conclusion No. 6 That Applicant ' s Building May Cause View Blockage is Not Supported By Evidence Mr. Houghton testified that SR-515 in front of the subject property is at maximum width. Applicant ' s proposed building site would be located 30 feet from the sidewalk. As previously indicated, all departments approved the variance except for Traffic Engineering. Attached to this letter as Exhibit B is a letter dated January 28 , 1981 , from Gary A. Norris of Traffic Engineering. The future development Mr. Norris refers to is all south of Puget Drive. The Hear- ing Examiner appears to have incorrectly concluded that the new proposed road referred to in Mr. Norris ' s letter will require use of the existing right-of-way in front of appli- cant' s property. This is in direct conflict with the testimony of Mr. Houghton. It would certainly be true that south of Puget Drive the state may need and use all of the existing right-of-way. However, this is not the situation Members of Renton City Council March 26 , 1981 Page 3 in front of the applicant' s property. A further inspection of the property will also show that site distances are presently limited by the bridge supports of FAI-405 overpass (supports are six feet east of the public sidewalk) . It is incorrect to conclude that the location of applicant ' s building will in any way cause a view blockage. The site or view distances to the south of applicant' s proposed improve- ments are all open space due to the Puget Power line ease- ments . The Hearing Examiner recognizes this unusual circum- stance on page 4 , paragraph 5 , of his February 27 , 1981, Report and Recommendation. The site or view distances to the north are limited by the bridge supports of the FAI-405 overpass . Applicant is the Apparent Victim of Arbitrary and Selective Enforcement of Section 4-716 An inspection of current commercial buildings along primary state highways within the City of Renton will demon- strate that the city has not consistently enforced the 20- foot setback requirement of Section 4-716 . The most obvious new project is the new. Seattle-'First Bank Building at South 3rd and Burnett. To impose strict enforcement because the variance matter was heard by the Land Use Hearing Examiner as opposed to the Board of Adjustment is penalizing the applicant. It would appear that Section 4-716 is not being enforced equally and fairly as to all applicants and the Hearing Examiner' s refusal to allow a reduction of 10 feet in the 20-foot setback requirement is arbitrary and is not supportable by his Findings and Conclusions in his Report and Recommendation dated February 27 , 1981. The following findings would support the requested variance and therefore do not support the Hearing Examiner' s partial denial. 1. "Due to the topography of the subject site and its location at the intersection of a major highway and two major arterials and the intersection of three overhead power transmission lines , the applicant suffers undue hardship which denies the applicant reasonable use of the subject property. The property has slopes with grades of up to 30% for about 1/3 of its width, which confines the building site to the western portion of the site adjacent to Talbot Road South and no structure may be built within the powerline corridor. " (Page 4 , paragraph 5 of Hearing Examiner' s Report) . Members of Renton City Council March 26 , 1981 Page 4 2 . "While the proposed reclassification is not entirely compatible with the Comprehensive Plan which designates the areas under the power lines for greenbelt and medium density multifamily, the proposal is quite compatible with the sur- roundings which include a major highway, I-405, and two major streets , Talbot and Benson, to say nothing of the three power lines which more or less intersect at this location. The proposed use of the subject site for low intensity, densely landscaped parking is generally compatible with greenbelt and open space and affords the applicant a reasonable use of the subject property which is now solely used as a transmission line corridor. The use of the subject R-4 property, a powerline easement, for any structure is prohibited. Parking is permissible. The location would not be suitable for residential development, in any case. " (Page 3 , paragraph 2 pf Hearing Examiner' s Report) . 3 . "The neighboring property is , for the most part, either street and highway right-of- ways or powerline right-of-ways and will not be harmed by the approval of the variance. " (Page 4 , paragraph 7 . of Hearing Examiner' s Report) . CONCLUSION To permit the applicant to intrude into the required setback with his proposed professional building by 10 feet would allow applicant, a,reasonable use of the property. The allowed encroachment by the proposed structure will not harm the public welfare nor will it harm or injure neighboring properties , nor will it impair any vehicular sight distances . A review of the justifications for the variance request from Twenty':(20 ) Feet to Ten (10) Feet is as follows : 1. If granted, the proposed building of applicant would be set back Thirty ( 30) Feet from the easterly edge of the public sidewalk along SR- 515 (Talbot Road) . 2 . SR-515 has been recently developed to its present width. The width in the vicinity of the property is limited by FAI=405 bridge supports , being located six feet east of the public sidewalk. 3 . Along the easterly edge of the public sidewalk is located a retaining rockery approxi- Members of Renton City Council March 26 , 1981 Page 5 mately Six and One-Half (6-1/2) feet in height , lying under the bridge structure of FAI-405 . 4. Traffic ingress and egress would be restricted to the area of the transmission line corridor adjoining the southerly line of the property. 5 . Mr. Righard Houghton, Acting Public Works Director, reaffirmed conclusions that further widening of SR-515 would be impaired by severe cost considerations . Any additional widening would require modification of the bridge structure of FAI-405 and that does not appear to be part of any future plan. Mr. Houghton further stated that he would not object to a structure being placed within the required setback, if the total setback from the public sidewalk would remain at Thirty ( 30 ) Feet. 6 . Mr. Frank Murphy, District Property Management Supervisor, Washington State Department of Transportation, indicated he has no alarm or any concern, nor has his office any opposition to a structure being placed Ten (10 ) Feet from the property line along the easterly line of SR-515 . For all of the foregoing reasons , the applicant requests that the City Council disregard the Examiner' s recommendation and uphold this appeal and grant the applicant' s request for a reduction in the setback requirements from Twenty (20 ) Feet to Ten (10 ) Feet for building purposes . This variance is absolutely necessary in order to allow the applicant a reasonable use of its property , by reason of its topography and power line easements which severely restrict its usability. The granting of this variance would allow the applicant to develop the property to its best use with no corresponding detriment to the city, the public or/the surrou di g owners . /27 V eyy/t u s:4/ /. / / t An erson RLA: jj :--A ' • • . 4-716 4-717 ' f,, 4-716: PRIMARY STATE HIGHWAY RESTRICTIONS: l (a) All buildings, structures and/or uses of every type and descrip-- j Hon abutting or fronting on a Primary State Highway within the City a y shall maintain a twenty foot (20') setback from their lot lines; except that signs may be allowed by revocable permit within the setback µ along the following streets: i , _ (1 ) S. 2nd Street from Rainier Ave. S. to Bronson Way S. - (2) S. 3rd. Street from Rainier Ave. S. to Houser Way S. '{ (3) Houser Way S. from Main Ave. S. to Mill Ave. S. ,. (4) Bronson Way North and South from Main Ave. S. to .41 Houser Way N. (Ord. 2630, 4-26-71) 9 (b) Setback Requirements on Certain City Streets: All buildings, struc- i . tures and/or uses of every type and description abutting upon or front- , ing on the following designated streets within the City shall maintain b zil fifty foot (50') setback requirement from the center line of the herein :' designated streets which shall apply to all construction and improve- ,; ments hereinafter commenced: , i (1) A fifty foot (50') setback from the center line of the Benson 1. Highway extending from the south City limits to Grady Way. *;4 Li (2) A fifty foot (50') setback from the center line of NE 4th tt Street extending from the east City limits to Edmonds Avenue „: NE, and N. 4th Street from Logan Avenue N. to Houser Way N. (Ord. 2505, 9-22-69) °a {n,. 4-717: FRONT, SIDE AND REAR YARDS: (a) Front Yard: Where any front yard is required, no building shall be `r hereafter erected or altered so that any portion thereof shall be nearer ;, `` the front property line than the distance indicatedby the depth of the re- a l quired front yard. ib (1) Exceptions: Eaves, cornices, steps, terraces, platforms , and porches having no roof covering, and being not over forty- :_ two inches (42") high may be built within a front yard. When ;, forty percent (40%) or more, on front foot basis, of all property on one (1 ) side of a street between two (2) intersecting streets rt i at the time of the passage of this Code has been built up with '..: -71 buildings having a minimum front yard of more or less depth `u than that established by the Code,and provided, that the majority of such front yards do not vary more than six feet (6') in :''"' depth, no building shall be built within or shall any portion, save 4, A :, 961;362;1069;1269;571 *, EXHIBIT A � ik i • j DEVELOPMENT AppLICATION REVIEW I January 28, 1981 • = Renton Village Veterinary Supply Company Variance (V-007-81) Not Approved • This office does not reco the followin mmend approval of this variance request for g reasons; I 1 The future installation increase in t of SR 515 will cause a substantial / traffic volumes at this location, on major roadway. Therefor an adhered to a e a 20 foot setback shouldabeeady s the ordinance-requires. I • 2 1 The new pYoposed roadway will require all. existing therefore, existin temporary it would not be the best g riginsof- facilities for use of aprocedure to install, could requirements permanent structure.\ removed? be met when temporaryHow facilities were ) 3 Installation of 1 _ right-of-wayandscaping as requested...._-.__ the _- would be in public installed where it will be permanently installation.located. It should be permanently located. i/ i' .,k1_,/, , 6. , ' )7_,(.-2„ I (.-,,i_---' Gary A. No ris, P.E. • Traffic E ineer ' CEM:ad • • EXHIBIT B CITY OF REM: )N 17574 • No. • FINANCE DEPARTMENT RENTON, wASHINGTON 98055 19 • / ,• RECEIVED OF 1,11/24'"-412-0 • s Ab eV iA,7 / • • • .. • . TOTAL — GWEN E. MARSHMJL, FINANCE DIRECTOR • • • • • OF R.4,A �6 ® THE CITY OF RENTON MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH. 98055 o ° BARBARA' Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9,0 `o FRED J. KAUFMAN. 235-2593 04.3 9gTeO SEP1 . March 16, 1981 Mr. Don E. Fitts Fitts Escrow Co. P.O. Box 1102 Renton, WA 98055 RE: File No. R-137-80, V-007-81 ; Renton'Village Veterinary Supply Company; Request for Reconsideration. Dear Mr. Fitts: I have reviewed your request for reconsideration, and have determined that there is no justification presented which would support a modification of the decision. The record, including the comments by the Traffic Engineering Division, supports the decision. Previous inconsistencies in application of the setback requirements do not justify a continuation of this practice. You still retain your right to appeal this matter to the City Council , and a new appeal period to expire on March 30, 1981 will be established. Very truly yours, 47-41 Fred J. K ufman Hearing Examiner cc: Parties of Record Fitts ' sCrOwCO. j P.O. BOX 1102 301 S.W.GRADY WAY/RENTON,WA 98055 (206)772-6684 March 11, 1981 RECEIVED CITY OF RENTON HEARING EXAMa?E-fi CITY OF RENTON Mff,�°f` `�'^1 �Y,!�i l •.J HIV Office of the Land Use Hearing Examiner AM 200 Mill Avenue South 718i9110111112: Renton, Washington 98055 Attention: Mr. Fred J. Kaufman, Land Use Hearing Examiner Re: Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Dear Sir : Thank you for your prompt letter of March 10, 1981 , and your clarification of the recommendation contained in the Report , dated February 27 , 1981 . Please accept the owners sincere understanding of your report and their placation. However , the owners do vociferously allude to the fact that through possible inadvertence there does not appear to be equal and fair enforcement of section 4-716 and the variance for the required setback from the State Highway. The following is most respectfully submitted for your perusal and it is manifest that reconsideration should be allowed contingent upon erroneous procedures and applications , concerning the required setback from the State Highway. Definition: SETBACK - Zoning restrictions on the amount of land surrounding the improvements ; the amount of space required between the lot line and the building line; a placing of the face of a building on a line some distance to the rear of the building line (Washington Real Estate Practices 1977 ; and Webster' s New Collegiate Dictionary 1977) Section All buildings , structures and/or uses of every type 4-716 and description abutting or fronting a Primary State Highway within the City shall maintain a twenty (20) foot setback from their lot lines (City of Renton Ordinance, Chapter 7 , Section 4-716) J \ Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Page - 2 It has been brought to the attention of the owners , that there does not appear equal enforcement of the code . Review of current commercial, new and existing, projects do not appear to be in conformance with the true spirit of Section 4-716 . The areas are used for parking and landscaping and most significantly, no evidence was found requesting a variance for this use . The projects visited along the State Highway concerning setback from the property line are as follows : 1. Professional Office Project located at 3122 Sunset Boulevard N.E. , Renton, Washington - parking projection into the re- quired setback. 2. The Shopping Area to the West , wherein parking projects into the required setback 3 . The shopping center located on the South side of Sunset Boulevard N.E . lying West of Duvall Avenue N.E. , the parking areas intrude into the required setback. 4. Existing commercial uses along Sunset Boulevard North from Bronson Way use the setback areas for parking. Variance V-380-79 allowed intrusion of the structure 13 feet into the required setback. 5 . Commercial uses along Rainier Avenue North and South allow use of the required setback. Dramatically, the owners have concluded that true enforcement of the code and the provisions thereof, concerning Section 4-716, are imposed when an appearance before the Land Use Hearing Examiner is required. THEREFORE, if this is the method of enforcement or the cause of the enforcement, then the procedure is neither uniform or equitable. This Section of the Code is not enforced equally and fairly to all applicants . Owners requiring an 'appearance before the Land Use Hearing Examiner are significantly penalized and Dr . Irwin can only conclude that this is an erroneous and unfair procedure and not consistent with the intent of the Examiner or the Code. Your attention is respectfully invited to the Planning Department Preliminary Report, dated February 17 , 1981, wherein on page four under Variance 1 , it states : Variance request is twofold: sought is a reduction of the building setback from SR 515 (Section 4-716) of 20 feet x 10 feet with purported intent to read 20 feet to 10 feet. Departmental Recommendation on page five of the report recommended approval of the request. Request for Reconsideration Renton Village Veterinary Supply Company File No. s R-137-80 and V-007-81 Page - 3 _ Your Report, dated February 27 , 1981, Report and Recommendation to the Renton City Council, Prolifically established the severe topographical constraints and the Owner suffers undue hardship which denies reasonable use of the property because of the site location. Permitting the Owner to intrude into the required setback with his pro- posed professional building ten (10) feet would allow the Owner a reasonable use of the property. . The allowable encroachment by the pro- posed structure into the required setback will not harm the public welfare or will it harm or injure neighboring properties or will it impair any vehicular sight distances . JUSTIFICATION FOR VARIANCE REQUEST FROM 20 feet to 10 feet . 1. As-built building setback would be THIRTY (30) FEET from the Easterly edge of the public sidewalk of SR 515 (Talbot Road) 2. SR 515 has been recently developed to its present width. The width the vicinity of the property is limited by FAI 405 bridge supports , being located six (6) feet East of the public sidewalk. 3 . Along the Easterly edge of the public sidewalk is located a retaining rockery approximately six and one half (61/2) feet in height , lying under the bridge structure of FAI 405 . 4. Traffic ingress and egress would be restricted to the area of the transmission line corridor adjoining the Southerly line of the property. 5 . Mr. Richard Houghton, Acting Public Works Director, reaffirmed conclusions that further widening of SR 515 would be impaired by severe cost considerations . Any additional widening would require modification of the bridge structure of FAI 405 and that does not appear in any immediate future. Mr. Houghton further stated that he would not object to a structure being placed within the required setback, if the total setback from the public sidewalk would remain at Thirty (30) feet . 7 . Mr. Frank Murphy, District Property Management Supervisor, Washington State Department of Transportation, has no alarm or has. any concern or has his office any opposition to a structure being placed ten '(10) feet from the property line along the Easterly line of SR 515 . He commented further that any lease arrangements would be required and review by the Department , if any portion was to be used in the existing right-of-way. 8 . Puget Sound Power and Light property to the North currently uses a portion of the setback. No variance or evidence for this use was found. Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Page - 4 NOW, I PRAY, that a favorable reconsideration may be entered to allow the building structure to encroach ten (10) feet into the required setback. WITHOUT the reconsideration and reduction of the required setback to Ten (10) feet for building purposes , the Owners , Philip F. Irwin and Frank J. Fall, Jr . , would suffer incurable and undue hardship , inequity by enforcement of the code because of this specific and peculiar property locatio• and most assuredly be denied reasonable use of the property. Ver r-spect . ours , iear q".0,492. ion E . Fitts FItSt'SCFOWC . _.-j P.O. BOX 1102 301 S.W.GRADY WAY/RENTON,WA 98055 (206)772-6684 March 11, 1981 RECEIVED CITY OF RENTON HEARING EXAMINER CITY .OF RENTON MAR 1 3 1931 Office of the Land Use Hearing Examiner AM FYI 200 Mill Avenue South 7,819al®i i2411 1?,4z r6 Renton, Washington 98055 Attention: Mr. Fred J. Kaufman, Land Use Hearing Examiner Re: Request for Reconsideration Renton Village Veterinary Supply Company File No. s R-137-80 and V-007-81 Dear Sir: Thank you for your prompt letter of March 10, 1981 , and your clarification of the recommendation contained in the Report, dated February 27 , 1981 . Please accept the owners sincere understanding of your report and their placation. However, the owners do vociferously' allude to the fact that through possible inadvertence there does.'not appear to be equal and fair enforcement of section 4-716 and the variance for the required setback from the State Highway. The following is most respectfully submitted for your perusal and it is manifest that reconsideration should be allowed contingent upon erroneous procedures and applications , concerning the required setback from the State Highway. Definition: SETBACK - Zoning restrictions on the amount of land surrounding the improvements ; the amount of space required between the lot line and the building line; a placing of the face of a building on a line some distance to the rear of the building line (Washington Real Estate Practices 1977 ; and Webster' s New Collegiate Dictionary 1977) Section All buildings , structures and/or uses of every type 4-716 and description abutting or fronting a Primary State Highway within the City shall maintain a twenty (20) foot setback from their lot lines (City of Renton Ordinance, Chapter 7 , Section 4-716) t _ Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Page - 2 It has been brought to the attention of the owners , that there does not appear equal enforcement of the code . Review of current commercial , new and existing, projects do not appear to be in conformance with the true spirit of Section 4-716 . The areas are used for parking and landscaping and most significantly, no evidence was found requesting a variance for this use . The projects visited along the State Highway concerning setback from the property line are as follows : 1. Professional Office Project located at 3122 Sunset Boulevard N.E. , Renton, Washington - parking projection into the re- quired setback. ' 2. The Shopping Area to the West, wherein parking projects into the required setback 3 . The shopping center located on the South side of Sunset Boulevard N.E . lying West of Duvall Avenue N.E. , the parking areas intrude into the required setback. 4. Existing commercial uses along Sunset Boulevard North from Bronson Way use the setback areas for parking. Variance V-380-79 allowed intrusion of the structure 13 feet into the required setback. 5 . Commercial uses along Rainier Avenue North and South allow use of the required setback. Dramatically, the owners have concluded that true enforcement of the code and the provisions thereof, concerning Section 4-716 , are imposed when an appearance before the Land Use Hearing Examiner is required. THEREFORE, if this is the method of enforcement or the cause of the enforcement, then the procedure is neither uniform or equitable. This Section of the Code is not enforced equally and fairly to all applicants . Owners requiring an appearance before the Land Use Hearing Examiner are significantly penalized and Dr . Irwin can only conclude that this is an erroneous and unfair procedure . and not consistent with the intent of the Examiner or the Code . Your attention is respectfully invited to the Planning Department Preliminary Report, dated February 17 , 1981, wherein on page four under Variance 1 , it states : Variance request is twofold: sought is a reduction of the building setback from SR 515 (Section 4-716) of 20 feet x 10 feet with purported intent to read 20 feet to 10 feet . Departmental Recommendation on page five of the report recommended approval of the request.. Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Page - 3 Your Report, dated February 27 , 1981, Report and Recommendation to the Renton City Council, Prolifically established the severe topographical constraints and the Owner suffers undue hardship which denies reasonable use of the property because of the site location. Permitting the Owner to intrude into the required setback with his pro- posed professional building ten (10) feet would allow the Owner a reasonable use of the property. . The allowable encroachment by the pro- posed structure into the required setback will not harm the public welfare or will it harm or injure neighboring properties or will it impair any vehicular sight distances . JUSTIFICATION FOR VARIANCE REQUEST FROM 20 feet to 10 feet . 1. As-built building setback would be THIRTY (30) FEET from the Easterly edge of the public sidewalk of SR 515 (Talbot Road) 2. SR 515 has been recently developed to its present width. The width in the vicinity of the property is limited by FAI 405 bridge supports , being located six (6) feet East of the public sidewalk. 3 . Along the Easterly edge of the public sidewalk is located a retaining rockery approximately six and one half (61/2) feet in height , lying under the bridge structure of FAI 405 . 4. Traffic ingress and egress would be restricted to the area of the transmission line corridor adjoining the Southerly line of the property. 5 . Mr. Richard Houghton, Acting Public Works Director, reaffirmed conclusions that further widening of SR 515 would be impaired by severe cost considerations . Any additional widening would require modification of the bridge structure of FAI 405 and that does not appear in any immediate future . Mr. Houghton further stated that he would not object to a structure being placed within the required setback, if the total setback from the public sidewalk would remain at Thirty (30) feet . 7 . Mr. Frank Murphy, District Property. Management Supervisor, Washington State Department of Transportation, has no alarm or has any concern or has his office any opposition to a structure being placed ten (10) feet from the property line along the Easterly line of SR 515 . He commented further that any lease arrangements would be required and review by the Department , if any portion was to be used in the existing right-of-way. 8 . Puget Sound Power and Light property to the North currently uses a portion of the setback. No variance or evidence for this use was found. . • Request for Reconsideration Renton Village Veterinary Supply Company File No . s R-137-80 and V-007-81 Page - 4 NOW, I PRAY, that a favorable reconsideration may be entered to allow the building structure to encroach ten (10) feet into the required setback. WITHOUT the reconsideration and reduction of the required setback to Ten (10) feet for building purposes, the Owners , Philip F. Irwin and Frank J. Fall, Jr . , would suffer incurable and undue hardship , inequity by enforcement of the code because of this specific and peculiar property locatio. and most assuredly be denied reasonable use of the property. Ver =spect - ours , ;-#31111111--- . ion E. Fitts OF `• •�. .�# , THE CITY OF RENTON U � '' . 0 : ' z MUNICIPAL BUILDING 200 MILL AVE. SO. RENTON,WASH.98055 o IA G .`Q; BARBARA'. Y. SHINPOCH, MAYOR • LAND USE HEARING EXAMINER 9,0 `O' FRED J. KAUFMAN. 235-2593 o9l1 eo SEPT°MO�Q, March 10, 1981 Mr. Don Fitts 301 S.W. Grady Way Renton, WA 98055 RE: File No. R-137-80, V-007-81 ; Renton Village Veterinary Supply Company; Clarification of Recommendation. Dear Mr. Fitts: It has been drawn to my attention that clarification is required regarding the recommendation for approval of the requested variance from state highway setback requirements. The recommendation contained in the report, dated February 27, 1981 , states: The vaniance don the 4.take highway 4etbac1a J equinement6 '66 appnaved. As denoted in Conclusion No. 6 of the report, approval of the variance should be limited to allowing non-structural uses such as parking and landscaping. The revised recommendation reads as follows: • The vaniance don the &fate highway 4etbacla nequinemen.t4 .i.a appnaved 4a2e.e.y done. use 04 :the pna penny don the punp04 ens a 5 £a.nd4 cap i.ng and panki.ng. The above revision will be incorporated into the report which will be forwarded to the City Council for final approval upon expiration of the appeal period on March 13, 1981 . If this office can be of further assistance in this matter, please do not hesitate to contact us. Very truly yours, AGA, Fred J. Ka man Hearing Examiner cc: Parties of Record AFFIDAVIT OF SERVICE BY MAILING State of Washington) County of King ) Marilyn J. Petersen , being first duly sworn, upon oath disposes and states: That on the 27th day of February , 19 81 , affiant deposited in the mails of the United States a sealed envelope containing a decision or recommendation with postage prepaid, addressed to the parties of record in the below entitled application or petition. •1k ` 1 Subscribed and sworn this t day of c-Qevu ,,,/ , 19 551 . \\V4 CTA &AZ) Notary Public in and for the State of • Washington, residing at R,p,,nkovi Application, Petition or Case: Renton Village Veterinary Supply Co. ; R-137-80 (The minute's contain a £izt o6 the paAtiea o6 necond. ) f February 27, 1981 OFFICE OF THE LAND USE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION TO THE RENTON CITY COUNCIL, APPLICANT: Renton Village Veterinary Supply Co. FILE NO. R-137-80, V-007-81 LOCATION: East side of Talbot Road South, south of FAI-405 and north of Puget Drive South. SUMMARY OF REQUEST: The applicant seeks a rezone of the subject site from GS-1 and R-4 to B-1 to permit use of the site for parking associated with a business. Also requested is a variance to reduce the required building setback from 20 feet to 10 feet along the SR-515 frontage and to relocate the five foot landscape strip to a portion of the SR-515 right-of-way. SUMMARY OF Planning Department: Approval with restrictive covenants. RECOMMENDATION: Hearing Examiner: Approval with restrictive covenants. PLANNING DEPARTMENT The Planning Department preliminary report was received by the REPORT: Examiner on February 11 , 1981 . PUBLIC HEARING: After reviewing the Planning Department report, examining available information on file with the application, and field checking the property and surrounding area, the Examiner conducted a public hearing on the subject as follows: The hearing was opened on February 17, 1981 at 10:30 a.m. in the Council Chambers of the Renton Municipal Building. Parties wishing to testify were affirmed by the Examiner. It was reported that the Hearing .Examiner and the applicant had received and reviewed the Planning Department preliminary report. Roger Blaylock, Associate Planner, presented the report, and entered the following exhibits into the record: Exhibit #1 : Application File containing Planning Department report and other pertinent documents Exhibit #2: Site Plan showing easements Exhibit #3: Topographic Map Exhibit #4: Aerial Photograph Exhibit #5: Design Drawing The Examiner advised that the site plan is of a conceptual nature and is not binding upon either the applicant or the city. The Examiner requested testimony by the applicant. Responding was: Don Fitts 301 S.W. Grady Way Renton, WA 98055 Mr. Fitts advised that storm runoff from the site had been analyzed through consultation with representatives of Puget Sound Power & Light Company, and it had been agreed that the applicant's retention system could be located on the Puget Power site to retain the flow at its current level and create no impact to Renton Village Shopping Center. The request for variance, he noted, is justified because proposed SR-515 is at its maximum width since widening would require reconstruction of the bridge under FAI-405. The Examiner requested testimony in support or opposition to the proposal . There was no response. He then requested comments from a representative of the Public Works Department. Responding was: Richard Houghton Acting Public Works Director / R-,;7-80 Page Two The Examiner referenced staff comments contained within the Planning Department report from the Traffic Engineering Division which recommend denial of the variance application, and requested a response from Mr. Houghton. Mr. Houghton advised that the right-of-way for SR-515 has already been acquired, and contains 140 feet in width or 70 feet on either side of the centerline. Therefore, he felt that since the city normally allows provision of landscaping from the back of the sidewalk, a variance should not be required to allow installation of the required five feet of landscaping to separate the parking area and the public right-of-way. Mr. Houghton confirmed that proposed SR-515 is at maximum width due to location of bridge supports under FAI-405, and he noted that approval of the application should not be used as a basis for approving other variances for properties developing to the south of the subject site. The Examiner requested further comments. Since there were none, the hearing regarding File No. R-137-80 and V-007-81 was closed by the Examiner at 10:55 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATIONS: Having reviewed the record in this matter, the Examiner now makes and enters the following: 1 . The request is for reclassification of approximately 37,700 square feet from GS-1 (General ; Single Family Residential) and R-4 (High Density Multifamily) to B-1 (Business/Commercial ) together with variances from the state highway setback requirements and from landscaping requirements. 2. The application file containing the application, SEPA documentation, the Planning Department report, and other pertinent documents was entered into the record as Exhibit #1 . 3. Pursuant to the City of Renton's •Environmental Ordinance and the State Environmental Policy Act of 1971 R.C.W. 43.21 .C. , as amended, a Declaration of Non-Significance has been issued for the subject proposal by the Environmental Review Committee, responsible official . 4. Plans for the proposal have been reviewed by all city departments affected by the impact of this development. 5. All existing utilities are available and in close proximity. 6. The subject properties are located on the east side of Talbot Road S. south of I-405 and north of Puget Drive South. The sites are undeveloped and the dominant vegetation is scrub brush and blackberries. The subject property slopes downward from east to west at grades ranging from 18% to 30%. The site is crossed by two drainage ditches which run through the center of the property on a northeast to southwest course. The applicant will provide a storm water retention/detention system. 7. The subject proposals actually involve a reclassification request for two powerline easements, the southern easement currently zoned R-4 and the eastern easement currently zoned GS-1 , and a variance request for these parcels together with a,.larger B-1 parcel to the immediate northeast. 8. The site is bounded on the south by a powerline right-of-way. A second runs north/ south through, the center of the site and a third powerline right-of-way crosses the property in a northwest/southeast direction. Directly north of the site is 1-405. Benson Road forms the eastern boundary of the property and lies about 30 to 45 feet higher than the remainder of the lot. The site fronts on Talbot Road S. 9. East of the subject site is an apartment complex and to the southeast is the Renton Elks Club. There are scattered single family homes to the west across the powerline and Talbot Road. 10. The subject site was annexed into the city in May, 1956 by Ordinance No. 1547 at which time the transmission easements, which are now zoned GS-1 and R-4, were both automatically zoned GS-1 . In November, 1971 , the classification of the southern easement was changed to R-4. No further zoning changes have occurred on the subject site. The Renton Elks property was rezoned to B-1 in 1980, and that rezone permitted parking under powerlines but maintained greenbelt by limiting the parking to no more than 49% of the area (R-028-80) . 11 . The Comprehensive Plan designates the area in which the subject site is located as suitable for the preservation of greenbelt and the development of medium density multifamily housing. J y R-137-ou Page Three 12. The zoning district to the north and east of the subject site is currently zoned B-1 . This site is the proposed location of the applicant's veterinary supply complex. R-4 zoning districts are located northeast, east, southeast and south of the subject site. 13. In addition to the rezone request, the applicant has requested two variances. The first variance is for the setback requirement of Section 4-716 which provides that no use or structure may be located within 20 feet of designated state highways. Talbot Road South on which the subject property fronts is designated as SR-515. 14. The second variance requested by the applicant is from the landscape provisions of the Parking and Loading Ordinance. Section 4-2204(8) (B) (2) requires that parking lots adjacent to street right-of-ways be landscaped for a distance of five feet adjacent to such right-of-ways. 15. The Boeing Company special permit (File No. SP-007-80) to establish parking on Logan Avenue permitted the use of street right-of-way for the required landscaping. The applicant has proposed similar street right-of-way landscaping for the SR-515 right-of-way in lieu of landscaping on the subject site itself. 16. The right-of-way for SR-515 is state-owned and comes within both the jurisdiction of the city and State Department of Transportation. The actual authority to lease the property is unclear but there may well be concurrent jurisdiction over the right-of-way. CONCLUSIONS: (Rezone) 1 . The proponent of a rezone must demonstrate that the request is in the public interest and will not impair the public health, safety and welfare in addition to compliance with at least one of the three criteria listed in Section 4-3010 which provides in part that: a. The subject site has not been considered in a previous area-wide rezone or land use analysis; or b. The subject site is potentially designated for the new classification per the Comprehensive Plan; or c. There has been material and substantial change in the circumstances in the area in which the subject site is located since the last rezoning of the property or area. The applicant has demonstrated that the necessary criteria have been met to permit the reclassification of the subject property. 2. While the proposed reclassification is not entirely compatible with the Comprehensive Plan which designates the areas under the power lines for greenbelt and medium density multifamily, the proposal is quite compatible with the surroundings which include a major highway, I-405, and two major streets, Talbot and Benson, to say nothing of the three power lines which more or less intersect at this location. The proposed use of the subject site for low intensity, densely landscaped parking is generally compatible with greenbelt and open space and affords the applicant a reasonable use of the subject property which is now solely used as a transmission line corridor. The use of the subject R-4 property, a powerline easement, for any structure is prohibited. Parking is permissible. The location would not be suitable for residential development, in any case. 3. The two areas under the power line have not been reclassified or studied since 1970 and the subject proposal would permit the applicant to make reasonable use of otherwise unproductive property. This would be in keeping with the goals of the Comprehensive Plan to allow the highest and best use of land and to increase the tax base of the City of Renton. The reclassification to B-1 would also be compatible with the adjacent B-1 property to the northeast. 4. In order to provide the greatest fidelity to the Comprehensive Plan the areas used for parking should be heavily landscaped so that no more than 49 of the site is used for parking or access to parking, thereby maintaining both open space and greenbelt as required by the Comprehensive Plan. Similar restrictions were incorporated into the Elks Club Rezone (File No. R-028-80) . �• // R-137 Page Four (Variance for Setback from State Highway) 5. Due to the topography of the subject site and its location at the intersection of a major highway and two major arterials and the intersection of three overhead power transmission lines, the applicant suffers undue hardship which denies the applicant reasonable use of the subject property. The property has slopes with grades of up to 30% for about one-third of its width, which confines the building site to the western portion of the site adjacent to Talbot Road S. and no structure may be built within the powerline corridor. 6. Permitting the applicant to encroach 10 feet on the required 20-foot setback along Talbot Road will enable the applicant to make reasonable use of this topographically constrained parcel and will not harm the public welfare nor injure neighboring properties if the intrusion is limited to non-structural uses such as parking and landscaping. Structures built too close to a major roadway can cause view blockage which could endanger the public health, safety and welfare, and permitting such use, even in this case, would provide a bad precedent (See No. 8 below) . 7. The neighboring property is, for the most part, either street and highway right-of-ways or powerline right-of-ways and will not be harmed by the approval of the variance. 8. The Acting Public Works Director's concern that the approval of this variance will set a precedent for future requests should be set at rest. Each variance should be looked at on its own facts, and the configuration of the subject site and its unique topography coupled with adjacent powerline right-of-ways and street right-of-ways justifies granting the request in this case. (Variance for Landscape Setback Requirements) 9. The topography and other unique characteristics enumerated above are also applicable to the variance from the required five feet of landscaping required for parking lots adjacent to streets. Therefore, a variance from the provisions of Section 4-2204(8) (B) (2) is justified as the applicant suffers undue hardship in making reasonable use of the subject property. 10. The right-of-way itself will provide sufficient area for landscaping which the applicant has agreed to provide if a lease for the property can be secured. Jurisdiction over lease matters is unclear, but apparently both the city and state must agree over use of state highway right-of-ways (See RCW 47.24) . 11 . In the special permit granted to the Boeing Company (File No. SP-007-80) , the applicant was permitted to landscape the public right-of-way in lieu of landscaping the actual premises. Therefore, there is no grant of special privilege in this case. The applicant will provide landscaping in the right-of-way, and, therefore, the public welfare will not be harmed by the variance nor will neighboring property values be harmed by the variance. 12. Since the lease arrangement is currently uncertain and approval of the lease rests with two other agencies, this variance is conditional upon the applicant procuring a lease for the purpose of providing five feet of landscaping on the right-of-way adjacent to the subject property along Talbot Road S. RECOMMENDATION: The City Council should approve the reclassification of the subject property from GS-1 and R-4 to B-I subject to the execution of restrictive covenants limiting the amount of asphalt parking area to no more than 49% of the site. The variance for the state highway setback requirements is approved. The variance for the landscape setback requirement is approved subject to the execution of a lease permitting the landscaping of at least five feet of SR-515 right-of-way and subject to installation of landscaping in that location. ORDERED THIS 27th day of February, 1981 . Fred J. Ka man Land Use Hearing Examiner R- -80 Page Five TRANSMITTED THIS 27th day of February, 1981 . by Affidavit of Mailing to the parties of record: Don Fitts, 301 S.W. Grady Way, Renton, WA 98055 Richard Houghton, Acting Public Works Director Don Dahlstul , 240 5th Ave. , #H, Kirkland, WA 98033 TRANSMITTED THIS 27th day of February, 1981 to the following: Mayor Barbara Y. Shinpoch Councilman Richard M. Stredicke Richard Houghton, Acting Public Works Director David Clemens, Acting Planning Director Michael Porter, Planning Commission Chairman Barbara Schellert, Planning Commissioner Ron Nelson, Building Official Lawrence J. Warren, City Attorney Pursuant to Title IV, Section 3015 of the City's Code, request for reconsideration must be filed in writing on or before March 13, 1981 . Any aggrieved person feeling that the decision of the Examiner is based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific errors relied upon by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Section 3016, which requires that such appeal be filed with the City Clerk accompanying a filing fee of $25.00 and meeting other specified requirements. Copies of this ordinance are available for inspection in the Finance Department, first floor of City Hall , or same may be purchased at cost in said department. • Q�\ \ 11 {le{7' l� l�.'4a�ur• ywilit -+, t{+ '{�r�' I r`�;" y _��1 S I -t yo 7 1 Irl�'�y�lq� Iq/I�I iiiIi$' i 'K�? ' 1{S `73 !�4 .t I -rF11au ,, 0.I. • 1 ` \ A-�':'� t, 4lr of ,{il.L°. , `1!) A `• i Z " j"•- i tOl';I 0 I1F _J U •+y,lr Sfi' • i i - t—'')` `'. (` \ • \ I 1 d' r,t Jt, `ay S,� ,t _a�'' 17 N,.. '4�-1°• :.a4 +r,Y i lid - �' _ Y� w,.,_I Qs .1...-- • s,\ L.:-15,1,1 .T.‘•11-. ...,•34,..„,1-J.ta A -41,:i„"-i. .izi 1;-.;.1..- '1,',.-1.--..41 J .(ry'.ri II'={ [ € -t? r ` '"AT Att" �L 1 lIt 4 Itl ya.5aI.- i~`� '° lr aI' f r 1... i'1.r, .i /' 1 , It J argil I. ' I i .. i; rP ft"...: ;-y 3J '✓ •� �,.III ., ip..,__T :i„_''i jogr,' . •, ft/ 1 (b 04._t l• r�u _I Lt1PMfTT _r.. . _ T 4_ �\y f ,( \ [ ,r. ''3qk I •vn`•� f ' :2�pfla J4 � t4 f •\.tom 4aurt�. 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I .-_ ""ta.c, • ,...r;1 , tr -�S 4� -- o (:Y+d - >v• ,! _11,..+_t_...l�i'�., `C. �• �.��` l 'r-^--- -' r .; •f` e _es / _▪ �' •� .ht,..__ • !� I 17\ 1 .1 _.�J 1. wl{.{' It. \\'�-� \`� `. p n - -• ./ `, .,rI..,„, I • q .• ,.._ !, ;F?�� , ` \\ s. J �ty^, 'tit'",. ) ��, Y1L II aTl__ S 1``wit( \`` ,1 \ {• •It 1 r, , 'l - 4 'J 1 '•'1 ., er "L.• j__;1 , ._ 4 \\ 1 / o .-, f1t ,71:.�1 L _..l • }; `\ '`y, i�. LLN i�' �MCZ=-._ r v �•I ,. `. ��� a3u°•; j5°_47-1-1'ill— J. 1 ! I~ a, — —'f ill_ F 6'1- � Cr C13,1.,• 7"--. ',.% \' '134m, ,,, 47.1t1:111_:.._,// . ' \ `, As, •• • • ,,,,, ,4) -- <1' .. '-7, ."-- '\ , `a I I- Oe . r .r � € 9 -i � 1!, s . V-. `meµ - .4— - � '.,1�T. "'.....-1.cat X .G t'.qs O , ® � • O a. • i. I —SA IV .r t' .e JS •.A .Os .0 y— / - ,, S Pa: - .,. _ ��� rr .0 J�11 � r. to:� ./ , 4 mac"" 1 i 1, RENTON VILLAGE VETERINARY SUPPLY COMPANY 1 i R-137-80, V-007-81 F • } 2 i 1 APPLICANT 'Ii •N VILLAGE VETERINARY SUPPLY CO. TOTAL AREA +37,700 sq. ft. i PRINCIPAL ACCESS Via Talbot Road South EXISTING ZONING GS-1; R-4 EXISTING USE Undeveloped G PROPOSED USE Parking associated with a business. COMPREHENSIVE LAND USE PLAN Greenbelt, Medium Density Multiple Family COMMENTS F ( I` I • -am ...4. eE= • JOHN SPELLMAN 'sr '�= W.A.BULLEY Governor yl 1889 CEO" Secretary STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Office of District Administrator • D-1,6431 Corson Ave.So.,C-81410 • Seattle, Washington 98108 February 20, 1981 City of Renton Planning Dept. Mr. David R. Clemens Acting Planning Director 200 Mill Ave. S. Renton, WA 98055 SR 515, C.S. 1741 Renton Vicinity: Carr Rd. to Grady Way Sheet 6 of 11 F.A. No. S-0228( ) Renton Village Vet. Supply Co. Rezone and Variance Request Dear Mr. Clemens: I have received a copy of the agenda of the Land Use Hearing Examiner dated February 17, 1981. The referenced request is an item of this agenda. In reading this agenda regarding referenced request, I noticed that the Department's recommendation was to approve the variance requested subject to the applicant's demonstrating he has permission to lease the public right of way of State Highway SR 515. The State highway is a non-limited access facility. The title to the right of way of such State highways within the corporate limits of the municipality vests in the municipality. Therefore, the City rather than the State has the right to lease the right of way of concern in the referenced request. However, along with the right the City has an obligation too. The City must seek and receive the WSDOT approval of such a lease. The rental charged must reflect current market rental rates. The disposition of the rental funds must be proportional to the sharing of the funds expended in originally acquiring the right of way. OF RECEIVEDR � r +� r�j� CITY OF RENTON G� HEARING EXAMINER I '� FEB 241981 1 E® 231981 AM PM . 71819e10a1112,1121 31415i6 Mr. David R. Clemens February 20, 1981 Page -2- The attached copy of the State Attorney General's opinion in regard to the City of Everett .is applicable and informative. It explains the City's rights and responsibilities in such matters. I suggest you and your City Attorney be guided by this opinion in matters involving the right of way of State non-limited access highways within the City Corporate Limits. Very truly yours, J. D. ZIRKLE, P.E. District Administrator 6i44 .4e g. DONALD C. MEIER District Airspace Lease Coordinator DCM:ng Attach. • Atto • General of the State of '�'V ht ton ck s, 0311 S- INTER-OFFICE CORRESPONDENCE • -4yrvlf' Date: January 12, 1979 To; Keith L. Densley From: Thomas R. Gar l i ng ton T7t'G� • • Subject: State Acquired Rights-of-Way Within City Corporate Limits You have requested our memorandum opinion regarding the relative rights of the State Department of Transportation and the City of Everett , with respect to the disposition of city street-state highway right of way located within} the City's boundaries but acquired with state motor vehicle funds. The highway is a non-limited access highway. The parcel was acquired to . build a turn-around on PSH No. 1 which remains on the state system now designated sl 529. The turn-around was never constructed and the property is excess to city street and state highway needs. The relationship of a city and the State Department of Transportation with respect to property. rights Lathe right of way of city streets forming a part of the state highway system is basically governed by •RCW 47.24. 020. Prior to ' 1977, subsection (15) of• that section provided as follows: • ( 15) Rights of way for such streets shall be acquired by either the city, or town or by the state as shall be mutually agreed upon. Costs of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may be mutually agreed upon. Title to all rights of way so required shall vest in the city or town; PROVIDED, That no vacation, sale or rental of any unused portion of any such street shall be made by the city or town without the approval of the state highway commission; and all revenue derived from the sale, vacation or rental of such rights of way shall be shared by the city or town and the state ill the same proportion as the purchase costs were shared; This subsection ion was •+ o dod by Section 7 Chapter 7A 1[.At 1977 c.v wyr 3k+o3r rr'ivw:i9 as ..r.v 6Gi�d�e•.Vra'gwV �5.•v n'W i� ± , wS..4pt.�'ir 6u. �d, Jwrv:.•w� of 1st Ex. Sess. as shown below with the strike outs indicating the prior language that has been deleted and the underlined language indicating the new language added by the amendment: ( 15) Rights of Nay for such streets shall be acquired by either the .city or town or by the state as shall• be mutually agreed upon. Costs' of acquiring rights of way may be at the sole expense of the state or at the expense of the city or town or at the expense of the state and the city or town as may. be mutually agreed upon. Title to all such rights of way ((ee-aegtt ed--sha3-1-weed•the-e y-o owfty---PR9 9E8,-Tita+) ) acquired by a city or town shall immediately vest in the city 0/1• 41,!i •.. •/• .- . _ _ _w ' January 12 ,. 1979 Page two4111 IIIP. . or town . Title to asiate untilfactual yuuscd fort construction shall remain in the or other street ur osc. U on com lotion of such construction the ri his of wa actual used for street urby ostheshall be conveyed to the city or town of highways and duly ncknowled�ed. No Vacation, sale or rental _ of any unused portion or—any such street shall be made by the city or e w derivedout efromroval sale,of the state vacation.,, orhighway rental of such and all revenue rights of way shall be shared by the city or town and the state in the same proportion as the purchase costs were shared; It will be noted that prior to the 1977 �rndte forming ertnt , 'the section provided that title to all rights of way of cityTars was. the state highway system shall vest in the city or town. true regardless of whether the right of way was acquired by the store or the a ty ; nd The legislature possessopleforythower titleover ofthe streeLsworshighwayseets of the state and may provideso long as no positive to be vested either in the state or in the city, consitutional provision is contravened. The 1977 amendment provided that right of way tacluired to rbyi t the ocity or town shall vest in the city or town while way acquired by the state shall stccetn in the pruposesstand thatate luponueom used for construction or other pletion of such construction, rights of way actually used for street purposes arc to be conveyed to the city or town by deed. In our opinion the 1977 amendment does not o tperateective retroacdatetivelf to apply to right, of way acquiredP the amendment . A statute is ' prospective in its application unless a contrary legislative intent is clearly ex8resse94, d?orP i pllied (19?4) ; Federal Wax Disposal v . Tacoma, 11 Wn. yp ny v . Allied Stores Corgi, 43 Wnind 512, 2n2is.2d189 gove 9 (19nedy3)the' . l uestio statutenas t yi title existed prioratoe1977.q. The normal incidences associated with 'possession of titleed or ta real property are modified ir• the .case of right of way ed >,� �. • �n.,n.n 'oe.t:s?!+? The proviso for city streets forming a part of' the. highway sys �vn. contained in subsection (15) Pwith respectlto7di�posalnt of any unused limits the rights o•f the city portion of any such street. The proviso reads; PROVIDED, That no vacation, sale or thetal city ore townunused „ hou t portion of any such street shall the a roval of the state hi hway eommissio l and all—To-Venue derived tom stele, vacation oor tentaundf thech statehin ts of way ime shall be shared by the city • ro ortion as +h� a purchase costs were shared; (Emphasis supplied) • • r • IS%*a • Kul Yi L. Densley January 12 , 1979 Page three • Accordingly , even though right of way acquired for a street forming a part •of the state highway system is no longer required for street . purposes , and even though the title to such excess right of way is vested in the city, nonetheless by virtue of the above statutory limitations , it may not be sold, vacated, or rented without the express approval of the state Highway Commission (now the Department of Transportation) , and further all revenue derived from any sale, vacation, or rental of such excess .right •of way is to be shared between the city and the state in the same proportion as the purchase costs were shared. It is our understanding from your letter ' that the City of Everett . , proposes to vacate the unused portion of right of way under the authority of RCW 35.79. 030. That section provides in part: • . . If the legislative authority determines to grant said petition' or any part thereof, such city or town shall be auth„1z d and have authority by ordinance to vacate such street , or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or• part thereof so vacated, shall compensate such city or town in an amount which does not exceed • one-half the appraised value of the area so vacated; . . . • (Emphasis Supplied) • As a result of this limitation, title to this portion of right of way acquired by the state would by. virtue of a vacation by the city, be transferred to a private abutting owner at not to exceed one- half of its appraised value. This limitation on the compensation to be paid by the abutter, as it relates to right *of way purchased or condemned with motor vehicle funds , appears to be in conflict with the provisions of the 18th Amendment to the State Constitution. That amendment provides in part that; • All fees collected by the State of Washington as license fees for motor vehicles and all excise taxes collected by the State of Washington on the sale, distribution or use of motor vehicle fuel and all other state revenue intended to be used for highway • -purposes , shall be paid into the state treasury and placed in a special fund to be used exclusively for highway purposes. • . . (Emphasis supplied) In a letter opinion• (AGLO 1975,. No. 62) dated July 17, 1975, the' Attorney General held that where highway lands ( including air space) purchased with motor vehicle funds are leased or sold to a county or city for non-highway purposes , the purchaser or lessee even though • • it is a governmental agency, will be required to pay fair consideration • . Keith L. Densley yr 4110-» January 12 , 1979 Page four • for the property to avoid an unconstitutional diversion of motor vehicle funds . The same conclusion of course would apply with respect to a transfer of title of property acquired with motor vehicle fund moneys to a private individual . This conclusion does not require a determination that that portion of RCW 35:79.030 limiting the amount of compensation to be recovered for property transferred by vacation of a city street to one-half the appraised value violates the constitution. This is true because RCW 33. 79.050 provides : No• vested rights shall be affected by the provisions of this chapter . When the highway right of way in question was acquired for reconstructior of Pal No, :i- in- he- City of Everett in .1933, it was impressed with a trust character requiring that it be used for highway purposes, or it disposed of for non-highway purposes that its fair market value be recovered and returned to the motor vehicle fund. In our view there exists a vested right in the state to recover the fair market value of the right of way acquired with motor vehicle funds when and if it is vacated by the City of. Everett , resulting in a • transfer of title to the abutting owner. Accordingly, the limitation contained in RCW 35.79.030 that the city may. require compensation of not to exceed one-half the appraised value must yield to the vested right of the state, which in turn is predicated upon the . 18th Amendment to the Constitution. ' In summary, it is our opinion that title to the subject property is vested in the City of Everett. The property may not be vacated by the city without the approval of the Department of Transportation. Since the property was acquired solely from motor vehicle funds, . , all revenue derived from the vacation must be paid to the state and deposited in the motor Vehicle fund. Because the right of way is impressed with the same trust as moneys in the motor vehicle , . fund, it may not be vacated resulting in a• transfer of title to a private owner without the fair market value being charged and paid over to the state for deposit in the motor vehicle fund. In your letter you ._have...referred_...to two similar right •of way disrosa:1, problems, each analogous to the surplus parcel on SR 529 in Everett. The principles described in this opiniori •would apply equally to the other situations you have described. TRG: cs • cc. V. W.. Korf • . IOHN SPELLMAN ' 1. •s , • W.A.BULLEY Governor 'yc ,ANy a° Secretary STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Office of District Administrator • D-1,6431 Corson Ave.So.,C-81410 • Seattle, Washington 98108 February 11 , 1980 Mr. Roger Blaylock Associate Planner City of Renton Municipal Building 200 Mill Ave. So. Renton, WA 98055 RE: SR 515 C.S. 1741 Renton Vicinity: Carr Road to Grady Way Dear Mr. Blaylock: • Thank you for the letter in regard to the variance that is coming before the City of Renton Hearing Examiner on February 17, 1981 at 9:00 A.M. I should caution you that this being a State Highway and while the City of Renton has jurisdiction any use of the right of way has to have approval from the Department of Transportation. Enclosed are the RCW governing non-limited access rights of way within the city limits. If you have any further questions please call me at 764-4241 . Very truly yours, J. D. ZIRKLE, P. E. District Administrator FRANK MURPHY District Property Manag ent S ervisor - FGM:ere - - - Enclos. - ` ' RECEIVED c`` 9 CIS �F REdVT • HEARINGEXAMINER ?`r8r:::ol2rlr2i3r4157 :ij' 3 47.22.010 Title 47 RCW: Public Highways and Transportation `R... F/:; number 512 to Puyallup; thence on state route numbers bridges thereon and wharves, if any, in such city or town : ,. ,; ::' 410 and 167 to Sumner, Auburn, Kent and Renton; which are designated as forming a part of the route of '"" thence on state route number 405 to Kirkland; thence on any state highway; and all such streets, including curbs p,st`;.r ,: state route number 405 north to a junction with state and gutters and street intersections and such bridges and ':,r, :"- route number 522; thence on state route number 522 to wharves, shall thereafter be a part of the state highway a junction with state route number 9 northeast of system and as such shall be constructed and maintained w°'•"'" Woodinville; and thence on state route number 9 to by the department of transportation from any state -' Snohomish, Arlington, Sedro Woolley, and to a junction funds available therefor: Provided, That the•responsibil- with state route number 542 at Deming; thence westerly ity for the construction and maintenance of any such -•- '`;, on state route 542 to a junction with state route number street together with its appurtenances may be returned 9 at Lawrence; thence on state route number 9 via to a city or a town upon certification by the department y .t :: Sumas, to the Canadian international boundary. [1970 of transportation to the clerk of any city or town that :, '' . ' -la cx.s. c 51 § 175; 1961 c 13 § 47.22.010. Prior: 1951 c such street, or portion thereof, is no longer required as a ,s 273 § 1.] part of the state highway system: Provided further, That any such certification that a street, or portion thereof, is : a° 47.22.020 Lewis and Clark highway. There is estab- no longer required as a part of the state highway system " 'a ;• lished the Lewis and Clark highway, which shall be shall be made between the first and fifteenth of July .a gip. composed of the following existing routes: state route following the determination by the department that such ' - ,. f.,�.;. number 12 from Clarkston to Waitsburg; state route street o0 portion thereof is n4 longer q tirc i as a 1'4r1 ,n number 124 from Waitsburg to Pasco (west); state route of the state highway system, but this shall not prevent '"v ,. w r number 12 from Pasco to Waitsburg via Wallula and the department and any city or town from entering into z rii;,.f Walla Walla (east); state route number 14 from Pasco an agreement that a city or town will accept responsibil- d= to Maryhill; state route numbers 14, 5 and 4 from ity for such a street or portion thereof at some time •` `"};.'a" Maryhill to Naselle junction; state route number 401 other than between the first and fifteenth of July of any :. t.r.. from Naselle junction to Megler;and state route number year. [1979 1st ex.s. c 86 § 2; 1977 ex.s. c 151 § 57; : °'-'' 101 from Megler to llwaco. [1970 ex.s. c 51 176; 1967 1973 c 95 3; 1961 c 13 47.24.010. Prior: 1959 c 160 -a 'at 1`" ex.s. c 145 § 13; 1961 c 13 § 47.22.020. Prior: 1955 c § 1; 1957 c 83 § 2; 1955 c 179 § 2; 1949 c 220 § 5, part; •,ji '1,;- 178 § 1.] 1945 c 250 § 1, part; 1943 c 82 § 10, part; 1937 c 187 § ��.° ,- . 61, part; Rem. Supp" 1949 § 6450-61, part.] `', Severobllity-1979 let ex.s. c 86: Sec note following IiCw ; . ;'Iti-:.` Chapter 47.24 13.24.040. , rz CITY STREETS AS PART OF STATE HIGHWAYS ��,_°<2. 352 e'1Jurisdiction, control of such streets. The 'Sections jurisdiction, control and duty of the state and city or a , r a;' 17.24.010 Designation of street as part of highway--Con- town with respect to such streets shall be as follows: aa `; r`' -;1 struction,maintenance—Return of street to city (1) The state highway commission shall have no au- !„ k ']° ' or town. tit: 17.24.020 Jurisdiction,control of such streets. thority to change or establish any grade of any such 27.24.030 Acquisition of rights of way---Condemnation street without approval of the governing body of such ra` , 'r:' proceedings. city or town, except with respect to limited access facili ",•,';. :- 17.24.040 Street fund—Expenditures on streets forming pe part ties established b the state highway commission; =:��'` "�a Y g Y :. of state highway. :r, ," N, $;:�, 17.24.050 Aid on streets by state or county—Payment. (2) The city or town shall exercise full responsibility I for and control over any such street beyond the curbs I' City streets,parkways, boulevards,generally:Title 35 _,l RCSt! .„ City streets,sidewalks,eta:Chapters 33.68-33.79 RCW. :f no cash is insts.11ed b'ynr'i t'`?t 'v,rt.ien. " e sm,,- ,;,. Design standards committee for city streets:Chapter 35.78 RCW highway used for highway purposes: Provided, That it c within incorporated cities and towns the title to a state h •' °`` Off—street parking,cities:Chapter 35.86 RCW. :,:: ��,. Sy-Y- Off—street parking, towns:RCW 35.27.550 through 35.27.590. limited access highway shall vest in the state, and, not- ,,, ° Placed streets as public highways:RCW 58.08.035,,58.03.oso. withstanding any other provision of this section, the „ :"=''`'•_ Speed limits in cities:Chapter 46.61 RCW. Washington state highway commission shall exercise full Viaducts, bridges, elevated roadways, tunnels,eta in cities:Chapter jurisdiction, responsibility and control to, and over, such ah » ;; 35.85 RCW. facility as provided in chapter 47.52 RCW, as amended; „•1�. (3) The state highway commission shall have author- t 47.24.010 Designation off street as part of high- ity to prohibit the suspension of signs, banners, or des- •'1 way—Construction maintenaariee--_-Return of street orations above the portion of such street between the ;o city or town The transportation commission shall de- curbs or portion used for highway purposes up to a ver- '. ,,,,,_'a?_ ' ,ermine what streets, together with bridges thereon and tical height of twenty feet above the surface of the a aa; wharves necessary for use for ferriage of motor vehicle roadway; ,- „Y' traffic in connection with such streets, if any, in any in- (4) The city or town shall at its own expense maintain ;orporatcd cities and towns shall form a part of the all underground facilities in such streets, and shall have s; , g.;".�' d -outs of state highways and between the first and fif- the right to construct such additional underground facil- 'a-I, . '_ tenth days of July of any year the department of trans- itics as may be necessary in such streets; '" .. ' )ortation shall certify to the clerk of each city or town, (5) The city or town shall have the right to grant the :;t +R '. )y brief description, the streets, together with the privilege to open the surface of any such street, but all ,, , • Tide 47 1 CW(1979 Ed.}-1)6211 ,'ass ,.. . . City Streets as Part of State Highwa 47.24.020 damage occasioned thereby shall promptly be repaired with state laws shall become null and void unless ap- Y either by the city or town itself or at its direction; proved by the state highway commission heretofore or (6) The city or town at its own expense shall provide within one year after March 21, 1963; ' ' street illumination and shall clean all such streets, in- (12) The state highway commission shall erect. con- . eluding storm sewer inlets and catch basins, and remove trol and maintain at state expense all route markers, and all snow, except that the state shall when necessary plow directional signs, except street signs, on such streets; - the snow on the roadway: Provided, That in cities and (13) The state highway commission shall install, op- a a- ) towns having a population of fifteen thousand or less ac- crate, maintain and control at state expense all traffic ;_ cording to the latest determination of population by the control signals, signs and traffic control devices for the C•: state census board, the state, when necessary for public purpose of regulating both pedestrian and motor vehicu- ' " safety,shall assume, at its expense, responsibility, for the lar traffic on, entering upon,or leaving state highways in `` ,�- Pcities and towns havinga population of fifteen thousand stability of the slopes of cuts and fills and the embank- Y. � ments within the right of way to protect the roadway it- or less according to the latest determination of popula- `•°t4 self: Provided further, That the state shall install, tion by the state census board: Provided, That such cities and towns may submit to the state highway commission maintain and operate all illuminating facilities on any rol a. limited access facility, together with their interchanges, deviceslan f desired by them, indicatingor traffic control ignals, nthe location, natures and traffic t tt located within the corporate limits of any city or town, of installation,or type thereof,or a proposed amendment , and shall assume and pay the costs of all such installs- to such an existing plan 'or installation, and the state '1 tioa., :evth tv.narnce and operation incurred after s highway commission shall consult with the cities or November 1, 1954; towns concerning the same prior to installing such sig- +b (7) The state highway commission shall have the right nals, signs, or devices. Cities and towns having a popu- to utilize all storm sewers on such highways without !ration in excess of fifteen thousand according to the ;xt cost; and if new storm sewer facilities are necessary in latest determination of population by the state census , construction of new streets by the state highway corn- board shall install, maintain, operate and control such - mission, the cost of such facilities shall be borne by the signals, signs and devices at their own expense, subject a': state and/or city as may be mutually agreed upon be- to approval of the state highway commission for the in- as PP g Y as tween the state highway commission and the governing stallation and type only. For the purpose of this subdivi- r. ` body of the city or town; sion striping, lane marking and channelization are , (8) Cities and towns shall have exclusive right to considered traffic control devices; : -:. grant franchises, not in conflict with state laws, over, (14) All revenue from parking meters placed on such beneath and upon such streets but the state highway streets shall belong to the city or town; commission shall be authorized to enforce in an action (15) Rights of way for such streets shall be acquired 1:.; brought in the name of the state any condition of any by either the city or town or by the state as shall be franchise which a city or town shall have granted on mutually agreed upon. Costs of acquiring rights of way such street: Provided, That no franchise for transporta- may be at the sole expense of the state or at the expense tion of passengers in motor vehicles shall be granted on of the city or town or at the expense of the state and the such streets without the approval of the state highway city or town as may be mutually agreed upon. Title to commission but the state highway commission shall not all such rights of way acquired by a city or town shall 10. refuse to approve such franchise unless another street immediately vest in the city or town. Title to all rights of is conveniently located and of strength of construction to way acquired by the state shall remain in the state until sustain travel of such vehicles is accessible; actually used for construction or other street purpose. (9) Every franchise or permit granted any person by a Upon completion of such construction, the rights of way • actually used for street purposce shallconvoyed to the city town for use of any portion of such street by a a • r- be public utility shall require the grantee or permittee to city or town by deed executed by the director of high- ' restore, repair and replace to its original condition any ways and duly acknowledged.cNo. vacation; sale. or portion of the street damaged or injured by it; fat a o.wiry:a rttsed-purtion-,of-any-such street,shall be i rtiade -by;abe.kartsr-os_.,mwn':with out--the approval of the •, (10) The city or town shall have the right to issue s`eatelfighwiSe oc tararsa. ; a -all,r venue derived-from - - overload or overwidth permits for vehicles to operate on �,r - le; vfid;t;'qs s; at4_of_stray rights—o6=aay shall be such streets or roads subject to regulations printed and s1Ff tI1?tc: i;:y-gr_town :th6-state::in the same i` distributed to the cities and towns by the state highway rr todh,k;the.purchase costs were shred; commission; (16) If any city or town shall fail to perform any of its (11) Cities and towns shall regulate and enforce all obligations as set forth in this section or in any cooper- traffic and parking restrictions on such streets, but all ative agreement entered into with the state highway regulations adopted by a city or town relating to speed, commission for the maintenance of a city or town street parking, and traffic control devices on such streets not forming part of the route of a state highway, the state identical to state law relating thereto shall be subject to highway commission may notify the mayor of such town the approval of the state highway commission before be- to perform such necessary maintenance within thirty coming effective. All regulations pertaining to speed, days. If the city or town within such thirty days shall fail parking, and traffic control devices relating to such to perform such maintenance or fail to authorize the streets heretofore adopted by a city or town not identical state highway commission to perform such maintenance Vide 47 RCW(1979 Ed.)—p 691 47.24.020 Title 47 RCW: Public Highways and Transportation }:: as provided by RCW 47.24.050, the state highway corn- construction, repair or maintenance, or may secure nec- R ,.. mission may perform such maintenance, the cost of essary engineering assistance from the highway commis- ; .,- which is to be deducted from any sums in the motor ve- sion, to the extent of the funds credited or to be credited _.Yf o.-f hide fund credited or to be credited to such city or town. in the motor vehicle fund for payment to the city or . a r,,� , [1977 ex.s. c 78 § 7; 1967 c 115 § 1; 1963 c 150 § 1; town. Any sums due from a city or town for such pur- ;�° ::. 1961 c 13 § 47.24.020. Prior: 1957 c 83 § 3; 1955 c 179 poses shall be paid on vouchers approved and submitted : ;;:•: § 3; 1953 c 193 § 1; 1949 c 220 § 5, part; 1945 c 250 § by the highway commission from moneys credited to the ,,s., 1, part; 1943 c 82 § 10, part; 1937 c 187 61, part; city or town in the motor vehicle fund, and the amount ` ' ,- § Rem. Supp. 1949 § 6450-61, part.] iof the payments shall be deducted from funds which ; would otherwise be paid to the city or town from the Reviser'e soteis (1) Powers,duties, and functions of highway corn- 's' ''b' motor vehicle fund. The highway commission may in :;,,_ . mission and director of highways transferred to department of trans- portation; see RCW 47.01.031. Term 'state highway commission' certain special cases, in its discretion, enter into anH ;;. means department of transportation; term 'director of highways' agreement with the governing officials of such city or sr means secretary of transportation;see RCW 47.04.015. town for the performance of such work or services, the • G• (2)The state census board was abolished.and its powers,duties,and terms of which shall provide for reimbursement of the functions x..s transferred (c(chaphe ter 63Aning and RCW)and subsequently to the office motor vehicle fund for the benefit of the stateairs agency by 's share of ; , of financial management by 1969 ex.s. c 239 § 3 (RCW 43.41.050). such fund by such city or town of the cost thereof from .'. See also chapter 43.62 RCW, any funds on hand of such city or town and legally :t available for such work or services. The city or town is may, byresolution, authorize the board of commission- nation ` \`.-- 47.24.030 Acquisition of rights off way ondem- ' proceedings. The highway commission is author- ers of the county in which it is located, to perform any ; ,,,.: izcd to acquire rights of way, by purchase, gift or such construction, repair or maintenance and the same ,; condemnation for any such streets, highways, bridges shall be paid for by the city or town at the actual cost and wharves. Any such condemnation proceedings shall thereof as provided for payment for work performed on be exercised in the manner provided by law for condem- city streets, and any payment received therefor by a a nation proceedings to acquire lands required for state county shall be deposited in the county road fund to be highways. [1961 c 13 § 47.24.030. Prior: 1949 c 220 § 5, expended under the same provisions as are imposed upon - . .. part; 1945 c 250 § 1, part; 1943 c 82 § 10, part; 1937 c the funds used to perform such construction, repair or . `. 187 § 61, part; Rem. Supp. 1949 § 6450-61, part.] maintenance. [1961 c 13 § 47.24.050. Prior: 1951 c 54 § ss.e. 1; 1949 c 220 § 6; 1943 c 82 § 11; 1937 c 187 § 63; Reviser's note: Powers,duties,and functions of highway commission Rem. Supp, 1949 § 6450-63.] • r transferred to department of transportation; sae RCW 47.01.031. ; ;'' Term 'highway commission' means department of transportation;see 12evtser'a note: Powers,duties,and functions of highway commission RCW 47.04.015. transferred to department of transportation; see RCW 47.01.031. •:, .., Term 'highway commission' means department of transportation;see •': _ RCW 47.04.015. 47.24.040 Street fund—Expenditures on streets forming poet of state highway. All funds accruing to the j, y' credit of incorporated cities and towns in the motor ve- -- hicle fund shall be paid monthly to such incorporated Chapter 47.26 .riu•. cities and towns and shall, by the respective cities and DEVELOPMENT IN UR;AN AREAS URBAN towns, be placed in a fund to be designated as "city ARTERIALS 'i. m street fund' and disbursed as authorized and directed by " the legislative authority of the city or town, as agents of i Sections the state, for salaries and wages, material, supo14c6, 4.26.010 Declaration of intent, equipment, purchase or condemnation of right of way, 47.26.020 Moto:vehicle fuel tax—Tax imposed— , Rate—Allocation of ' engineering or any other proper highway or street pur- proceeds. ;=•, <. 47.26.022 Motor vehicle fuel tax—Tax required of persons ;*., ;• pose in connection with the construction, alteration, re- , �,j,; not classed as di.tributors•c—Duties—Proce- pair, improvement or maintenance of any city street or durc---Distribution of proceeds—Penalties. '0`% bridge, or viaduct or underpassage along, upon or across 47.26.024 Motor vehicle fuel importer tax—Tax imposed— •• .. • such streets. Such expenditure may be made either inde- Rate. r-J• Motor 47.26.026 vehicle fuel importer tax—Disposition of 5r' pendently or in conjunction with any federal, state orp° ' . revenues. any county funds. [1961 c 13 § 47.24.040. Prior: 1949 c 47.26.023 Special fuel tax—Tax imposed—Rate. ;,i;" 220 § 4; 1947 c 96 § 1; 1943 c 82 § 9; 1939 c 181 § 8; 47.26.030 Special fuel tax—Revenue to motor vehicle ;.^. 1937 a 187 § 60; Rem. Supp. 1949 § 6450-60.] fund—Allocation of proceeds. , ,,k• 47.26.032 Allocation of net tax amount in motor vehicle fund. iz C _ 47.26.034 Construction and improvement of urban area high- 47.24.050 Aid on streets by state or county ways—Expenditure of motor vehicle fuel taxes Y,F and bond proceeds. _. Payment. If a city or town, whether or not any of its 47.26.040 'Urban area'defined. streets are designated as forming a part of a state high- 47.26.042 'Preliminary proposal' defined. 'b .;t: way, is unable to construct, repair or maintain its streets 47.26.043 'Construction project' defined. i ,, •:' for good cause, or if it is in need of engineering assist- 47.26.050 Urban areas grouped into regions for purpose of ap- "'• ;,';- • portioning urban state highway funds. v` ;3; ance to construct, repair or maintain any of its streets, it 47.26.060 Apportionment of funds to regions—Manner and ;• mayauthorize the highway commission toperform such basis—Biennial adjustment, - •-` 8 Y 's r'rt9s3 47 0r1V VIM iv -. 741 :tc. '`' OF RSA A U tipi y THE CITY OF RENTON r r MUNICIPAL BUILDING 200 MILL AVE. SO. RE JTON,WASH. 98055 o ,, ; BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT 9A 235- 2550 o9gr�D sEP�64, February 19, 1981 Renton Village Veterinary Supply Company 905 Talbot Road South Renton, Washington 98055 RE: APPLICATION FOR REZONE, FILE R-137-80 Gentlemen: Please be advised that the Department of Transportation has informed us that we have no authority to lease part of the State right-of-way even though the City may have some juris- diction in the matter. Therefore, both the City of Renton and the Department of Transportation will have to grant the use of right-of-way for landscaping. If you have any further questions, please contact me. Very truly yours, k-&-wirq b(tu Roger J. laylock'y, Associate Planner RJB:wr cc: Don E. Fitts 301 S.W. Grady Way Renton, WA 98055 �F STATE O ' 4d? y z py:i_ 7 IOHN SPELLMAN ' �2 W.A.BULLEY Governor • �y�1889 a°' Secretary STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION • Office of District Administrator • D-1,6431 Corson Ave.So.,C-81410 • Seattle, Washington 98108 February 11 , 1980 Mr. Roger Blaylock Associate Planner City of Renton Municipal Building 200 Mi l l Ave. So. Renton, WA 98055 RE: SR 515 C.S. 1741 Renton Vicinity: Carr Road to Grady Way • Dear Mr. Blaylock: Thank you for the letter in regard to the variance that is coming before the City of Renton Hearing Examiner on February 17, 1981 at 9:00 A.M. I should caution you that this being a State Highway and while the City of • Renton has jurisdictiia any use of the right of way has to have approval from the Department of Transportation. " Enclosed are the RCW governing non-limited access rights of way within the city limits. If you have any further questions please call me at 764-4241 . Very truly yours, J. D. ZIRKLE, P. E. District Administrator • • FRANK MURPHY District Property Manag ent S ervisor FG M:ereR Enclos. Y° ® 1 a Fe �� lg�l \,,,e9��N1 EQ� - yes 3 ,7 i-iotp , Title 47 1 : Public Highways and Transportation number 512 to Puyallup; thence on state route numbers bridges thereon and wharves, if any, in such city or town 410 and 167 to Sumner, Auburn, Kent and Renton; which arc designated as forming a part of the route of thence on state route number 405 to Kirkland; thence on any state highway; and all such streets, including curbs state route number 405 north to a junction with state and gutters and street intersections and such bridges and • route number 522; thence on state route number 522 to wharves, shall thereafter be a part of the state highway a junction with state route number 9 northeast of system and as such shall be constructed and maintained Woodinville; and thence on state route number 9 to by the department of transportation from any state Snohomish, Arlington, Sedro Woolley, and to a junction funds available therefor: Provided, That the responsibil- ` - with state route number 542 at Deming; thence westerly ity for the construction and maintenance of any such on state route 542 to a junction with state route number street together with its appurtenances may be returned 9 at Lawrence; thence on state route number 9 via to a city or a town upon certification by the department Sumas, to the Canadian international boundary. [1970 of transportation to the clerk of any city or town that . ex.s. c 51 § 175; 1961 c 13 § 47.22.010. Prior: 1951 c such street, or portion thereof, is no longer required as a 273 § I.] part of the state highway system: Provided further, That any such certification that a street, or portion thereof, is 47.22.020 Lewis and Clark highway. There is cstab- no longer required as a part of the state highway system , lished the Lewis and Clark highway, which shall be shall be made between the first and fifteenth of July • composed of the following existing routes: state route following the determination by the department that such number 12 from Clarkston to :'Jatts:iurg; ;;:a::: ::7;: a Wee. ::: port:it. .hC::"r is !r.s,rgcr .,_,.::.:.:;a :e ;-'rt number 124 from Waitsburg to Pasco (west); state route of the state highway system, but this shall not prevent number 12 from Pasco to Waitsburg via Wallula and the department and any city or town from entering into Walla Walla (cast); state route number 14 from Pasco an agreement that a city or town will accept responsibil- , to Maryhill; state route numbers 14, 5 and 4 from ity for such a street or portion thereof at some time R Maryhill to Naselle junction; state route number 401 other than between the first and fifteenth of July of any from Naselle junction to Megler; and state route number year. [1979 1st ex.s. c 86 § 2; 1977 ex.s. c 151 § 57; 101 from Megler to Ilwaco. [1970 ex.s. c 51 § 176; 1967 1973 c 95 § 3; 1961 c 13 § 47.24.010. Prior: 1959 c 160 cx.s. c 145 § 13; 1961 c 13 § 47.22.020. Prior: 1955 c § 1; 1957 c 83 § 2; 1955 c 179 § 2; 1949 c 220 § 5, part; 178 § 1 ] 1945 c 250 § 1, part; 1943 c 82 § 10, part; 1937 c 187 § 61, part; Rem. Supp. 1949 § 6450-61, part.] , Severability-1979 lit ex.s. c 86: Scc note following RCW %; Chapter 47.24 13.24.040. CITY STREETS AS PART OF STATE HIGHWAYS 47.24.020 Jurisdiction, control of such streets. The Sections jurisdiction, control and duty of the state and city or 47.24.010 Designation of street as part of highway—Con- town with respect to such streets shall be as follows: struction,maintenance Return of street to city (1) The state highway commission shall have no au- or town. • thority to change or establish any grade of any such 47.24.020 Jurisdiction,control of such streets. 47.24.030 Acquisition of rights of way—Condemnation street without approval of the governing body of such proceedings. city or town, except with respect to limited access facili- 47.24.040 Street fund Expenditures on streets forming part ties established by the state highway commission; • of state highway. 47.24.050 Aid on streets by state or county Payment. (2) The city or town shall exercise full responsibility for and control over any such street beyond the curbs t City streets,parkways, boulevards,generally: Title 35 RCW. .c nilr�:.! ig 6, �t�llt` ltrv' r:, ft�? r,�ti�n f th; City streets,sidewaiss, etc.:Cnap.c:z,35.vd-.:5.is:Z: y. Design standards committee for city streets:Chapter 35.78 RCW. highway used for highway purposes: Provided, That Off—street parking,cities:Chapter 35.86 RCW. within incorporated cities and towns the title to a state Off—street parking, towns:RCW 35.27.550 through 35.27.590. limited access highway shall vest in the state, and, not- Platted streets as public highways:RCW 58.08.035, 58.08.050. withstanding any other provision of this section, the " Speed limits in cities:Chapter 46.61 RCW. Washington state highway commission shall exercise full Viaducts, bridges, elevated roadways, tunnels, etc. in cities:Chapter jurisdiction, responsibility and control to, and over, such 35.85 RCW. facility as provided in chapter 47.52 RCW, as amended; (3) The state highway commission shall have author- 47.24.010 Designation of street as part of high- ity to prohibit the suspension of signs, banners, or dec- way—Construction, maintenance—Return of street orations above the portion of such street between the to city or town. The transportation commission shall de- curbs or portion used for highway purposes up to a ver- termine what streets, together with bridges thereon and tical height of twenty feet above the surface of the ^ wharves necessary for use for ferriage of motor vehicle roadway; s. traffic in connection with such streets, if any, in any in- (4) The city or town shall at its own expense maintain • corporated cities and towns shall form a part of the all underground facilities in such streets, and shall have route of state highways and between the first and fif- the right to construct such additional underground facil- tccnth days of July of any year the department of trans- itics as may be necessary in such streets; portation shall certify to the clerk of each city or town, (5) The city or town shall have the right to grant the by brief description, the streets, together with the privilege to open the surface of any such street, but all [Title 47 RCW(1979 Ed.)—p 681 City Streets as Part of State High 47.24.020 o damage occasioned thereby shall promptly be repaired with state laws shall become null and void unless ap- either by the city or town itself or at its direction; proved by the state highway commission heretofore or (6) The city or town at its own expense shall provide within one year after March 21, 1963; street illumination and shall clean all such streets, in- (12) The state highway commission shall erect, con- eluding storm sewer inlets and catch basins, and remove trol and maintain at state expense all route markers, and all snow, except that the state shall when necessary plow directional signs, except street signs, on such streets; the snow on the roadway: Provided, That in cities and (13) The state highway commission shall install, op- towns having a population of fifteen thousand or less ac• crate, maintain and control at state expense all traffic cording to the latest determination of population by the control signals, signs and traffic control devices for the state census board, the state, when necessary for public purpose of regulating both pedestrian and motor vehicu- safety, shall assume, at its expense, responsibility, for the lar traffic on, entering upon, or leaving state highways in stability of the slopes of cuts and fills and the embank- cities and towns having a population of fifteen thousand ments within the right of way to protect the roadway it- or less according to the latest determination of popula- self: Provided further, That the state shall install, tion by the state census board: Provided, That such cities maintain and operate all illuminating facilities on any and towns may submit to the state highway commission limited access facility, together with their interchanges, a plan for traffic control signals, signs and traffic control located within the corporate limits of any city or town, devices desired by them, indicating the location, nature and shall ascume and pay the costs of all such installa- of installation, or type thereof, or a proposed amendment ^M1 y _ - a i^ f;„� ��� to such an existing plan 'or installation, and the state aLva:; ..:. =:..+ C�.:i�....•-.: .rtcttr._:• highway commission shaii consult wits the cities or November I, 1954; towns concerning the same prior to installing such sig- (7) The state highway commission shall have the right nals, signs, or devices. Cities and towns having a popu- to utilize all storm sewers on such highways without lation in excess of fifteen thousand according to the cost; and if new storm sewer facilities are necessary in latest determination of population by the state census construction of new streets by the state highway com- board shall install, maintain, operate and control such mission, the cost of such facilities shall be borne by the signals, signs and devices at their own expense, subject state and/or city as may be mutually agreed upon be- to approval of the state highway commission for the in- tween the state highway commission and the governing stallation and type only. For the purpose of this subdivi- body of the city or town; sion striping, lane marking and channelization arc (8) Cities and towns shall have exclusive right to considered traffic control devices; grant franchises, not in conflict with state laws, over, (14) All revenue from parking meters placed on such beneath and upon such streets but the state highway streets shall belong to the city or town; commission shall be authorized to enforce in an action (15) Rights of way for such streets shall be acquired brought in the name of the state any condition of any by either the city or town or by the state as shall be franchise which a city or town shall have granted on mutually agreed upon. Costs of acquiring rights of way such street: Provided, That no franchise for transporta- may be at the sole expense of the state or at the expense tion of passengers in motor vehicles shall be granted on of the city or town or at the expense of the state and the such streets without the approval of the state highway city or town as may be mutually agreed upon. Title to commission but the state highway commission shall not all such rights of way acquired by a city or town shall refuse to approve such franchise unless another street immediately vest in the city or town. Title to all rights of conveniently located and of strength of construction to way acquired by the state shall remain in the state until sustain travel of such vehicles is accessible; actually used for construction or other street purpose. (9) Every franchise or permit granted any person by a Upon completion of such construction, the rights of way - �...._ntl.. use'l for re-no •.r ,.:Tnr....- 5;11R an;'7y,.J en. •i public utility shall require the grantee or permittee to city or town by deed executed by the director of high- restore, repair and replace to its original condition any ways and duly acknowledged. No vacation, sale, or portion of the street damaged or injured by it; rental of any unused portion of any such street shall be (10) made by the city or town without the approval of the The city or town shall have the right to issue state highway commission; and all revenue derived from overload or overwidth permits for vehicles to operate on sale, vacation, or rental of such rights of way shall be • such streets or roads subject to regulations printed and shared by the city or town and the state in the same distributed to the cities and towns by the state highway proportion as the purchase costs were shared; commission; (16) If any city or town shall fail to perform any of its • (II) Cities and towns shall regulate and enforce all obligations as set forth in this section or in any cooper- traffic and parking restrictions on such streets, but all ative agreement entered into with the state highway regulations adopted by a city or town relating to speed, commission for the maintenance of a city or town street parking, and traffic control devices on such streets not forming part of the route of a state highway, the state identical to state law relating thereto shall be subject to highway commission may notify the mayor of such town the approval of the state highway commission before be- to perform such necessary maintenance within thirty ::: coming effective. All regulations pertaining to speed, days. If the city or town within such thirty days shall fail parking, and traffic control devices relating to such to perform such maintenance or fail to authorize the streets heretofore adopted by a city or town not identical state highway commission to perform such maintenance (Title 47 RCW(1979 Ed.)—p 691 3?• 47.4, O. Title 41 N: Public Highways and Transportation ,r. as provided by RCW 47.24.050, the state highway corn- construction, repair or maintenance, or may secure nec- !� - mission may perform such maintenance, the cost of essary engineering assistance from the highway commis- which is to be deducted from any sums in the motor ve- sion, to the extent of the funds credited or to be credited hide fund credited or to be credited to such city or town. in the motor vehicle fund for payment to the city or y^, [1977 ex.s. c 78 § 7; 1967 c 115 § 1; 1963 c 150 § 1; town. Any sums due from a city or town for such pur- 1961 c 13 § 47.24.020. Prior: 1957 c 83 § 3; 1955 c 179 poses shall be paid on vouchers approved and submitted :, ,: § 3; 1953 c 193 § 1; 1949 c 220 § 5, part; 1945 c 250 § by the highway commission from moneys credited to the sit or town in the motor vehicle fund, and the amount `�: I, part; 1943 c 82 § 10, part; 1937 c 187 § 61, part; Y Rem. Supp. 1949 § 6450-61, part.] of the payments shall be deducted from funds which >. would otherwise be paid to the city or town from the s,.7---::- Reviser's notes: (1) Powers, duties, and functions of highway corn- ' , motor vehicle fund. The highway commission may in �'_„ mission and director of highways transferred to department of trans- ;:, certain special cases, in its discretion, enter into an portation; see RCW 47.01.031. Term 'state highway commission' P means department of transportation; term 'director of highways' agreement with the governing officials of such city or means secretary of transportation;see RCW 47.04.015. town for the performance of such work or services, the f (2)The state census board was abolished,and its powers,duties,and terms of which shall provide for reimbursement of the functions transferred to the planning and community affairs agency by ` * , 1967 ex.s.c 42(chapter 43.63A RCW)and subsequently to the office motor vehicle fund for the benefit of the state's share of of financial management by 1969 ex.s. c 239 § 3 (RCW 43.41.050). such fund by such city or town of the cost thereof from .,1 };,;., See also chapter 43.62 RCW. any funds on hand of such city or town and.legally biwork or or 1 ^ . available for such .,� services. The city t::��'n =,�;., , 47.24.030 Acquisition of rights of way--Condem- may, by resolution, authorize the board of commission- is' nation proceedings. The highway commission is author- ers of the county in which it is located, to perform any urchase, gift or such construction, repair or maintenance and the same - -: `' izcd to acquire rights of way, by p shall be paid for by the city or town at the actual cost ��'` condemnation for any such streets, highways, bridges = and wharves. Any such condemnation proceedings shall thereof as provided for payment for work performed on be exercised in the manner provided by law for condem- city streets, and any payment received therefor by a ,., !J.,; . county shall be deposited in the county road fund to be ., , ', nation proceedings to acquire lands required for state expended under the same provisions as are imposed upon ' �° : highways. [1961 c 13 § 47.24.030. Prior: 1949 c 220 § 5, `'t' part; 1945 c 250 § 1, part; 1943 c 82 § 10, part; 1937 c the funds used to perform such construction, repair or _ 4: : maintenance. [1961 c 13 § 47.24.050. Prior: 1951 c 54 § J''r ` :'' 187 § 61, part; Rem. Supp. 1949 § 6450-61, part.] 1; 1949 c 220 § 6; 1943 c 82 § 11; 1937 c 187 § 63; ` !' Reviser's note: Powcrs,dutics,and functions of highway commission Rcm. Supp. 1949 § 6450-63.] !; : '�'': transferred to department of transportation; see RCW 47.01.031. r, Term 'highway commission' means department of transportation;see Reviser's note:Powers,duties,and functions of highway commission ..,. RCW 47.04.015. transferred to department of transportation; see RCW 47.01.031. Term 'highway commission' means department of transportation;see >;"; RCW 47.04.015. i 47.24.040 Street fund Expenditures on streets ;lr::. ,r forming part of state highway. All funds accruing to the y:. credit of incorporated cities and towns in the motor ye- hide fund shall be paid monthly to such incorporated Chapter 47.26 • r cities and towns and shall, by the respective cities and DEVELOPMENT IN URBAN AREAS—URBAN' =�t• towns, be placed in a fund to be designated as "city ARTERIALS street fund" and disbursed as authorized and directed by I the legislative authority of the city or town, as agents of Sections k • .• tint: star;, forsalaries and wages, material, suppil ems, 4!.'z6.t{:U Declaration o intent. equipment, purchase or condemnation of right of way, 47.26.020 Motor vehicle fuel tax—Tax imposed— '':.'-; engine ering or any proper other highway pur-or street Rate—Allocation of proceeds. ] 47.26.022 Motor vehicle fuel tax—Tax required of persons ` P pose in connection with the construction, alteration, re- not classed as distributors—Duties—Prose- pair, improvement or maintenance of any city street or dure—Distribution of proceeds—Penalties. bridge, or viaduct or underpassage along, upon or across 47.26.024 Motor vehicle fuel,importer tax—Tax imposed— ;:', such streets. Such expenditure may be made either inde- Rate. ; 26. .026 Motor vehicle fuel importer tax—Disposition of pendently or in conjunction with any federal, state or 47 revenues. any county funds. [1961 c 13 § 47.24.040. Prior: 1949 c 47.26.028 Special fuel tax—Tax imposed—Rate. 220 § 4; 1947 c 96 § 1; 1943 c 82 § 9; 1939 c 181 § 8; 47.26.030 Special fuel tax—Revenue to motor vehicle 1937 c 187 § 60; Rem. Supp. 1949 § 6450-60.] fund—Allocation of proceeds. a ;_; 47.26.032 Allocation of net tax amount in motor vehicle fund. 47.26.034 Construction and improvement of urban area high- ways—Expenditure of motor vehicle fuel taxes 47.24.050 Aid on streets by state or county— and bond proceeds. Payment. If a city or town, whether or not any of its 47.26.040 'Urban area' defined. "•''"' streets are designated as forming a part of a state high- 47.26.042 'Preliminary proposal' defined. . =:J way, is unable to construct, repair or maintain its streets 47.26.043 'Construction project'defined. ` for good cause, or if it is in need of engineering assist- 47.26.050 Urban areas grouped into regions for purpose of ap- portioning urban state highway funds. ance to construct, repair or maintain any of its streets, it 47.26.060 Apportionment of funds to regions—Manner and may authorize the highway commission to perform such basis—Biennial adjustment. [Title 47 RCW(1979 Ed.)—p 70) , _ • PLANNING I NG IDEP/\ '''Ti9t N"I' P .,iMINARY RP®;'T TO THE HEARING EXAMINEr PUBLIC HEARING FEBRUARY 17 , 1981 APPLICANT: RENTON VILLAGE VETERINARY SUPPLY CO. FILE NUMBER: R-137-80, V-007-81 A. S to i"itt„i; I"y Eir PURPOSE OF REQUEST: The applicant seeks a rezone of the subject site from GS-1 and R-4 to B-1 to permit use of the site for parking associated with a business . Also sought is a variance to reduce the required building setback from 20 ' to . 10 ' along the SR 515 frontage and to relocate the 5 ' landscape strip to a portion of the SR 515 right-of-way. B. GENERAL INFORMATION: 1 . Owner of Record: PHILIP F. IRWVIN 2. Applicant: RENTON VILLAGE VETERINARY SUPPLY COMPANY 3 . Location: (Vicinity Map Attached) East side of Talbot Road South, south of I-405 and north of Puget Drive South 4 . Legal Description: A detailed legal description is available on file in the Renton Planning Department. 5 . Size of Property: ±37 ,700 sq feet 6 . Access : Via Talbot Road South 7 . Existing Zoning: GS-1, General Classification • District; minimum lot size 35 , 000 sq. ft. , R-4 , residence Multiple Family; minimum lot size 5 , 000 square feet 8. Existing Zoning in the Area : R-4 , GS-1, B-1, Business Use 9 . Comprehensive Land Use Plan: Greenbelt , Medium Density Multiple Family 10. Notification: The applicant was notified in writing of the hearing date. Notice was properly published in the Record Chronicle on February 2 , 1981 and posted in three places on or near the site as required by City ordinance on February 4 , 1981. PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING: Renton Village Veterinary Supply Co. , R-137-80,V-007-81 FEBRUARY 1 7 ,1 9 81 PAGE TWO C. :;1STORY/TACKG.*W D: The subject site was annexed into the City by Ordinance #1547 of May 24 , 1956 at which time the GS-1 classification was applied. The R-4 portion was rezoned from GS-1 by Ordinance #2675 of November 12 , 1971. D. PHYSICAL ::ACKGROUND: 1. Topography: The subject site slopes downward from east to west at grades of 18-30%. 2. Soils : Beausite gravelly sandy loam, 15-30% slopes (BeD) . Runoff is rapid and the erosion hazard is severe. This soil, is used for timber and pasture. 3 . Vegetation: Scrub brush and blackberries are the dominant features . 4 . Wildlife: The existing vegetation may provide some habitat for birds and small mammals . 5. Water: Two drainage ditches run northeast-southwest in the middle portion of the subject site and some surface water was observed February 4 , 1981. 6. Land Use: The subject site is presently undeveloped. Properties to the north, east and south consists of power line rights-of-way with and apartment complex to the extreme east. To the southeast is the Renton Elks Club and to the west are additional rights-of-way and some scattered single family residences . E. BEI(ert T I is OOD CHARACTERISTICS: The surrounding properties are a mixture of undeveloped land, power transmission lines and rights-of-way, and interstate highway. F. Pin;;LIC SERVICES: 1. Water and Sewer: A 16" water main extends northeast-southwest along the northerly border of the subject site while a 24" main runs north-south on Talbot Road adjacent to the westerly border. An 8" sanitary sewer runs east-west in the southerly portion of the property. 2 . Fire Protection: Provided by the City of Renton Fire Department per ordinance requirements . 3 . Transit: Metro Transit Route #155 operates along Puget Drive South approximately 3/4 of a mile to the south of the subject site. 4. Schools : Spring Glen Elementary School and Fred Nelson Junior High School are both within 3/4 of a mile to the south of the subject site while Renton Senior High School is approximately 14 miles to the north. 5. Recreation: Talbot Hill Park is approximately 12 miles to the southwest of the subject site. • PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING: Renton Village Veterinary Supply Co. , R-137-80,V-007-81 FEBRUARY 1 7 ,1 981 PAGE THREE G. APPLICt\ILE SECTIONS OF THE ZONING CODE: 1. Section 4-729 , "G" , General Classification District. 2. Section•' 4-709B, R-4 , Residence Multiple Family. 3 . Section 4-711, B-1, Business Use. H. ,PLIC,\m LE SECTIONS OF THE COmilir. mrENSIVE PLAN OR OTHER OFFICIAL CITY : 1. Comprehensive Land Use Plan, Land Use Report, 1965, Objective #6 , page 18. I . IMPACT ON THE NATURAL OR :I 1 m\N ENVII i I ' 1 . . Natural Systems : Rezoning the subject site will not directly affect the property. However, subsequent development will remove the vegetation, disturb the soils , increase storm water runoff , and have an effect on traffic and noise levels in the vicinity. Through proper development controls and procedures , however, these impacts can be mitigated. 2 . Population/Employment: Minor. 3 . Schools.,: Not applicable. 4 . Social: , Not applicable. 5. Traffic: The 13 ,800 square foot building will generate approximately 495 daily trips . J. ENV1P,ONMENTAL ASSESSM T/THRESm®]LD IIDETERMIN A,TION: Pursuant to the City of Renton ' s Environmental Ordinance and the State Environmental Policy Act of 1971 , as amended, RCW 43-21C, a final declaration of non-significance for the proposal was issued by the ERC on January 25, 1 981 . K. AGENCIES/DEPARTMENTS CONTACTED: 1 . City of Renton Building Division. 2. , City of Renton Engineering Division. 3 . City of Renton Traffic Engineering Division, 4 . City of Renton Utilities Division. 5 . City of Renton Fire Department. L. DEPARTMENTAL ANALYSI s: 1 . Although the subject proposal is not totally consistent with the Comprehensive Plan land use designations of greenbelt and medium density multiple family for the site, the uses envisioned would not adversely affect adjacent properties (Environmental Review Committee declaration of non-significance, January 25, 1981 ) . 2. The proposed rezoning to B-1 would appear to be compatible with the existing zoning on parcels to the east and south of the subject site. It would also be generally consistent with previous rezones in the vicinity (Puget Properties (R-149-63) and Renton Elks (R-028-80) ) . LA PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING: Renton Village Veterinary Supply Co. , R-137-800V-007-80 FEBRUARY 17, 1981 PAGE FOUR 3. The buildable area of the subject site is severely constrained by the power transmission lines to the north, east, and south as well as by the steep terrain. Proposed for the site are three commercial buildings totaling +13,800 square feet. The necessary parking is to be located within the transmission line easements. Required stalls total 69 spaces, and 73 have been provided. Substantial landscaping within these areas would be in keeping with the intent of the Greenbelt designation of the Comprehensive Plan. A similar approach was proposed for a dental clinic on the Renton Elks Club site (R-028-80) . This was subsequently approved by the Hearing Examiner. 4 . Drainage from the subject site will substantially impact the Renton Shopping Center (to the west) System, which is already overloaded. As a result, the Engineering Division advises mitigating measures to reduce the impact. 5. Utilities Engineering indicates that the proposed develop- ment will be subject to a latecomer ' s fee for a water main on Burnett Avenue and also to standard hook-up fees for water and sewer. 6. Future site development will require lighting of the parking areas as per Police Department comment. This lighting should be on the perimeters and shine in on the building. The department also advises that a cash street cleaning bond be required prior to any permits being issued, if such cleaning is necessary. Proper signing should also be installed if any hauling is performed. Hours of operation would also have to be closely monitored due to the heavy traffic' volumes in the area. No hauling would be permitted on weekends, however, due to insufficient staff available for the purposes. VARIANCE 1 . The variance request is twofold: Sought is (1 ) a reduction of the required building setback from SR-515 (Section 4-716) of 20' x 10 ' and (2) lease of a 20 ' portion of the SR-515 right-of-way between the west property line and easterly margin of the sidewalk to be used for relocating the required 5-foot landscaping strip (Section 4-2204-8B (2) ) . 2. As described in #3 of the Rezone analysis, the subject site is severely hampered by the transmission lines • and topography. The applicant has addressed these features and others in the Variance justification (attached) . These situations and particularly the previous variances granted to businesses along Sunset Boulevard North adjacent to I-405 (as noted) would seem to support the criteria for a Variance outlined in Section 4-731-2B. 3. Prior to any approval of the requested Variance, the applicant must supply proof of permission to lease the public right-of-way along Talbot Road. Contact the Public Works Department for details. PLANNING DEPARTMENT PRELIMINARY REPORT TO THE HEARING EXAMINER PUBLIC HEARING: Renton Village Veterinary Supply Co. , R-137-80;V-007-81 FEBRUARY 17 , 1981 PAGE FIVE M. IIDIB'ART m !, R]E C MH'laN lP. TICS : Based upon the above analysis : REZONE Recommend approval of the requested rezone subject to satisfaction. of items L-3 through L-6 including the filing of restrictive covenants to balance the parking and the greenbelt designated areas with extensive landscaping plantings to fulfill that intent similar to the requirements of the Renton' Elks Club rezone (R-028-80) . VARIANCE Recommend approval of the request subject to demonstration by the applicant of permission to lease the public right-of- way adjacent to Talbot Road South. • • NJ , 1 - * I ..„'''' ,',•''4-'4i , - •, 34/. li',..101'4,,9•;e4-,'' •••,, • Zi,1 1 A -.4--- : ‘44%**,t44„. ' \' To , \ -tt !Y 0 ,IT.,44t4t -M, -44 t ,N‘6, , ' -'- t' \ \Q �' k• 4 r_. ,a s-' . ';t'1:171 1(-�.�aJ,,11__I 9 ., 4 . �-- j� .. •t t 7 ,,v Lt F v a I •2 r 4 i�;� \\ ,�W�. FFr� -�� Lir e, �: 1�,. - � i'}: ! —'9'� I x e� w`a` z+. \. cs priik rito :,,, ., ! , .1,11 yob \� Ie 1tr 1�a- / ...'1,� 3 ..'it. --cg�y\>. • i r ! \ I i1' } 1 a w ". �'o i `e. \ I �" '�� f , I L 11 ,I 111 ' CFO 1 GS", a - 0 . .... 1 , wili an ,,, • . ,. hyeY f w --� I—I I I I � �j + { --- ...--I'------,-;-__... �um �9(,it,dY y VtI.LhG$ V�I^','r'p:. - ‘'t, .:.,41,,S;'. I.-..1 ''', ,y,,,,,,----i,, , , .,, 03511 it e, [ -_��% yC ..., TI .. ...y.wY. ,a a _ •-i��� M1.Yrs' r y s1, } _�-. •�e ,r \ ...n MP . .T. t °7 ,.'r. _ I'� "W"a. IT.�' 23 • 41 �,�� ��J® n��.�'- �-' sal J 47 i i I(I: I ae '.�-}{ �"z' y., �` `t�Y� i1'�@ •. v:� � '�'�a w i�i M �N L J�.�1 1 .. 'I 49 , a, OA1, \ \,\\\,,,, !So: t . R-- . 'IN ' }} i , a ,, XX "I.y ® 4 • Y 4 lea' ea it s } • O �.1 ...., • , \ `s..a 'q' R ,e. , e m I 4. "'IVA; Viltitia'..," till ' it m F,:: ..•- 4 \ , � Asa + I d :. A � ,I.,,';,..: y, ;^ s.,,.\` \ �'^r.� Q o a R.3 von rLr..R:t...,� O.' Ore ® �.\ ie x f t RENTON VILLAGE VETERINARY SUPPLY COMPANY 1 R-137-80, V-007-81 APPLICANT RENTON VILLAGE VETERINARY SUPPLY CO. TOTAL AREA +37,700 sq. ft. i PRINCIPAL ACCESS Via Talbot Road South t EXISTING ZONING GS-1; R-4 + EXISTING USE Undeveloped 1 : PROPOSED USE Parking associated with a business. , COMPREHENSIVE LAND USE PLAN Greenbelt, Medium Density Multiple Family COMMENTS , , t i • • JUSTIFICATION FOR VARIANCE ` �' J ,,� t• :a c✓ I i PROPERTY: Parcel on the SoutbPAgt Corner of SR 405 and -SR ,5,1.5 . Propert bounded by State Highways SR 405 on the North SR 515 (Talbot Road South) on the West Benson Road South on the East Transmission Line rights-of-way along the South boundary Transmission Line right-of-way running southeasterly and Northwesterly over the Southwesterly portion VARIANCE : 1 . Reduction of required setback from state right-of-way SR 515 from 20 feet to 10 feet . 2 . Lease a portion of the SR 515 right-of-way, being 20 feet wide and lying between the West Property line and the Easterly margin of the Public sidewalk. 3 . Relocation of the required 5 foot landscaping area to the leased portion of the right of way. JUSTIFICATION: a . The location of the site because of the surrounding State Roads and the irregular shape and steep topo- graphical slope would provide undue hardship if strict compliance with the Renton Zoning Code is mandatory. Excavations of the site because of topography because of the cuts and fills may further diminish the allowable buildable area . Puget Power fencing and storage areas use a portion of the setback, being 1-cated North of SR 405 . John Julian Electric Motors and similar business along Sunset Blvd lying between Sunset and SR 405 , have enjoyed similar variances when the total buildable property is limited by State Roads in setback reductions . b . The granting of the variance will not materially affect or be detrimental to Public Welfare or injurious to property or improvements in the vicinity. The bridge abuttments for SR_405 located to the North adjoin the Easterly edge of the Public Sidewalk, limiting future expansion of the right-of-way. c . Approval of this Variance would not and shall not be considered a special privilege inconsistent with other properties in this vicinity. Other Business District zoned properties in the area enjoy the full provisions allowable under the zoning code . . d. This Variance request is the minimum for the desired purpose in construction of a Veterinary Clinic and professional Office Building spaces . ---- r ,,-•-•,--. CI •/(-N‘s\-'''. 4Z( . ... ... ... . . ..- h . ••'_.: .. Er • ,..-2.- • . .• ..• , z . .. , ._ .... , .. . - - •_, .- .. , : ,, co •, -I. Z , ,.. 14 . •-: ; - •• .,..• .... .. .. • • ____.. 0 . .- .... ., ... T.____ ...,e-.: :y• _ _...... , 6e Pay.. _.-. • ... ... it • I ,, , •,-7-m‘•*7,1r..7,-I- Ca;"-:::Zt:r.rrir. ...1n.-=.- !,...*7-,X:- tit;r:'*`, --,-'.. .4:10*".%-i•..--.4-7- .a--..;,.... ...._..... i,.A .4,47:`°,..!,,;v4."-•:,-7:. :. ir.,....„,-,=...,0, -,... • ---r...L.A.",.r.5., ,,P.4-•*.F.14.0-a.F.-7. -...-I..-4,,.-,-;,g1,h 4, . 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A-JAS.-‘. ...* "-r.„. -;.7-<<4....1`--4--st!..-:--„ .o-,.., • •CI • :2..-2.F..,....",--,,,,,..,,,--,.... - -. ....r.-1---.--.1..-..;a:4 ...41f ' ..- ''.-'...-• '''''t CI'..;''''.. -.7i!'P-.....;.'";;.:eja-Zitt":17. ..-. • > . - ......"*...:"..6-.. - t ' - ; e'_" . SR 515 ____) '4'.. 1C—VA A_— RIGHT-OF—WAY __ZT --- , le-3};,2, ,— r-- ; I ill jr-, kjf 'W.1 N , • .•_-- . ; ......- . " jAki 1.-„,,. 1?.1)1.../2 1 1---4,/ 1 --4, .---- .. t9C:k1A L-C W. 16'7 ,e6:P-)12 A Pal G.1-1 1-r 5.- T j''' Ir.:-:'''', 1 1 ‘/V i I • . - . - . '''' i •ro . - -- -- -- ��r ��,� - Plannin 0 • 12-197S RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET Application : ,owen ed! o i- "'Ts f` � is au , te2e4ve, ok ecid f `',` � _" $path it ', v.- eenlipaeree at Lo 'f on :" LIcterams ntr s i o e' 0 -vos- ",,Ae SA.de Ore App1icant : ,`l ref6Gi Ii014p lie ta.il91 re a. 4+ C TO: Parks Department SCHEDULED HEARING DATE : 4,TAZW , Police Department A. R. C. MEETING DATE : l/co Public Works Department 2 . if ° 99 Engineering Division Traffic Engineering Building Division d, 0^' Uilities Engineering a- ��1 Fir6 Department • (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRId NG -OR THE APPLICATION R CONFERENCE (ARC) TO BE HELD ON f / e _ AT 9 : UO A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF OUR D EVEW ARTMENT/DIVISION REPRESENTATIVE WILL NOT ABLE T TEND THE ARC, PLE S PR VIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5:ATOO P .M. ON 2I' 't REVIEWING DEPARTMENT/DIVISION : r----flz21f 1/ Approved Approved with Conditions Not Approved 7 , --): `\ - J, t _iff."--- il---‘__ IZ)/ Sig ature of -Director or uthorized Representative ate REVIEWING DEPARTMENT/DIVISION : Approved , L, Approved with Conditions Not Approved 1C \ • . _ / ")/ I Signatue of Director or Authorized Representative Date REVIEWING DEPARTMEf IVISION : ()>< Approved Approved with Conditions Not Approved ;2 !/ Signa.t0'e of Director o Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : A-Ft=l C C iv C/!i(EE PAI • C, Approved Approved with Conditions Not Approved ^/!!7Y ' - fc-% + :,`- rt7-I ! / , na:C.cl/ t F.' ,Tc.ic/ �, l'o 4U/>it:, / . y �- t :1 i .:, i, .;i G ` 'c. ,-2/ 7i3k- p /ijl�� �r. /: )'/r,,,.ifr i, `• r . ,-Ic is !.�/ r r ![r / �' / )• / /- nlG//'-/r• �/ lr', r/ ,1 A -c /r. • / ���:'�';.;!'. / . /7� Signature of Director or Authorized Represe ative Date REVIEWING DEPARTMENT/DIVISION : � / ee/ii 406 Approved &/ Approved with Conditions Not Approved �-t •ferx-r a-1/ / C-.0.-2 /(>.e.46 G' 'Cz /2/ d/ f e:16e�ey �. e-L/C7 Ae- lea, �z- ���'i '77J t e4-21l e 1,4i/S /m u' f • a/3 /--ZG Signature of Director or Authorized Representative • Date 1044-- _ _ REVIEWING DEPARTMENT/DIVISION : POLICE Approved xxxxApproved with Conditions Not Approved 1) As noted in the application lighting should be provided in the parking lot. ` The lighting should be on the perimeters and shine in on the building. 2) It would appear that some material may have to be taken out of the site & if so a cash street cleaning bond should be required prior to any permit being issued. Also proper signing should be installed if any hauling out of the site is accomplished. Lt. D.R. Persson 1/19/81 Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved Pl anni I • //7 g �' ®• 12-197! RENTON PLANNING DEPARTMENT DEVELOPMENT APPLICATION REVIEW SHEET AP P l cation : yap, l' er OA-coo,— n give�9 i oce Applicant . ,., ... < . . Ery TO: Parks Department SCHEDULED HEARING DATE : Police Department A. R. C. MEETING DATE : Public Works Department Engineering Division Traffic Engineering Building Division t4tilities Engineering F Fire Department (Other) : COMMENTS OR SUGGESTIONS REGARDING THIS APPLICATION SHOULD BE PROVIDED IN WRITING FOR THE APPLICATION REVIEW CONFERENCE (ARC) TO BE HELD ON • / AT O : UO A.M. IN THE THIRD FLOOR CONFERENCE ROOM. IF YOUR D PARTMENT/DIVISION REPRESENTATIVE. WILL NOT ABLE TO ATTEND THE ARC, PLEASE P IVIDE THE COMMENTS TO THE PLANNING DEPARTMENT BY 5 :OU P .M. ON REVIEWING DEPARTMENT/DIVISION : Approved ,/ Approved with Conditions Not Approved )1 //- -e/8/ Signature f Director or Author zed Representative Date REVIEWING DEPARTMENT/DIVISION : / . Approved Approved with Conditions Not Approved ( (t I) h L • (,•••1' i-: .ir "L .• l a!•d 11,1 IL-(.'iv(.' i c))(), Signature of Dpictor or Authorized Representative Date Approved •Approved with Conditions -_- Not Approved a,`(-- b c_l1 e t&sf ' ' , ./ o t g/ Signature of Director or Authorized Representative v Date fie) DEVELOPMENT APPLICATION REVIEW January 28, 1981 RE: Renton Village Veterinary Supply Company Variance (V-007-81) Not Approved This office does not recommend approval of this variance request for the following reasons: 1. The future installation of SR 515 will cause a substantial increase in traffic volumes at this location on an already major roadway. Therefore, a 20 foot setback should be adhered to as the ordinance requires. 2. The new proposed roadway will require all existing right-of- way; therefore, it would not be the best procedure to install temporary facilities for use of a permanent structure. How could requirements be met when temporary facilities were removed? 3. Installation of landscaping as requested in the public right-of-way would be a temporary installation. It should be installed where it will be permanently located. -}/2 LLZL, ((- , •t?-1/Lc%L! Gary A. No "is, P.E. Traffic E ineer CEM:ad 1 ^REVIEWING DEPARTMEIFIVISION ; 6•271�/111 Approved Approved with Conditions Not Approved 466 Signature of Director or Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : >LLD G 4 Approved Approved with Conditions Not Approved z _// ✓ Z2 5?( Signatetof Director or 'Authorized Representative Date REVIEWING DEPARTMENT/DIVISION : POLICE Approved XX)Approved with Conditions Not Approved 1) Driveways are wide enough to allow easy access to the site. 2) After reviewing the site it appears that some hauling of ,material from the site will be necessary in order to build. If this is necessary a cash bond should be posted for street cleanup, as well as the hours would need to be strictly controled due to the heavy traffic volumes in the area. 3) No hauling on Sats . or Sundays as we do not have the people necessary to monitor the o_.�ration on weekends . -f?Dkr f Signaiurepoor or Authorized Representative Date son 1/27/81 REVIEWING DEPARTMENT/DIVISION : Approved Approved with Conditions Not Approved Signature of Director or Authorized Representative Date • • , FINAL DECLARATION OF NON-SIGNIFICANCE Application No (s) : R-137-80 Environmental Checklist No: ECF-646-80 Description of Proposal: Proposal to rezone from GS-1 and R-4 to B-1 to permit parking for! commercial uses Proponent : Renton Village Veterinary Supply Company Location of Proposal: East side of Talbot Road South, south of FAI-405 and north of Puget Drive South Lead Agency: Planning Department This proposal was reviewed by the ERC on January 21 , 1981 , following a presentation by Roger J. Blaylock of the Planning Department. Incorporated by reference in the record of the,proceedings of the ERC on application ECF-646-80 are the following: 1 ) Environmental Checklist Review Sheet, prepared by: Steve Munson, Assistant Planner DATED: January 21 , 1981 2) Applications : R-137-80 3) Recommendations for a declaration of non-significance: Planning Department • Acting as the Responsible Official, the ERC has; determined this development does not have significant adve'\rse impact on the environment. An EIS is not required under RCW 43. 21C. 030 (2) (c) . This decision was made after review by the • lead agency of a complete environmental checklist and other information on file with the lead agency. Reasons for declaration of environmental non-significance: 1 . Proposal is not directly consistent with the Comprehensive Plan but will not adversely affect adjacent properties. Signatures : 1,\ x7 • I (I /4&-AV ?Ent:- 'La/ on Nelson, Building Director id Re Clemens , A ing Planning Director '4L1.0>i,(4? R ' ' and C. Houg on, cting Public Works Director DATE OF PUBLICATION : January 25, 1981 EXPIRATION OF APPEAL PERIOD: February 8 , 1981 OF J ,• 0 THE CITY OF RENTON tO © z MUNICIPAL BUILDING 200 MILL AVE.SO. RENTON,WASH. 98055 o BARBARA Y. SHINPOCH, MAYOR • PLANNING DEPARTMENT 90 235- 2550 °94TF0 SEP1 �P February 2, 1981 Renton Village Veterinary Supply Company 905 Talbot Road South Renton, Washington 98055 Re : Applications for rezone , file no . R-137-80 , from GS-1 and R-4 to B-1 to allow parking for commercial business and variance, file no . V-007-81, for reduction of required setback from 20 feet to 10 feet , relocation of required 5 foot landscaping requirement to portion of right-of-way of SR-515 , and lease of 20 foot strip of SR-515 right-of-way for relocated 5 foot landscaping strip ; property located on the east side of Talbot Road South, south of FAI-405 and north of Puget Drive South . Gentlemen : The Renton Planning Department formally accepted the above mentioned application on February 2, 1981 . A public hearing before the City of Renton Hearing Examiner has been set for February 17 , 1981 at 9 :00 a .m . Representatives of the applicant are asked to be present . All interested persons are invited to attend the hearing . If you have any further questions , please call the Renton Planning Department , 235-2550 . Very truly yours , (� Teyertie-q. Roger J . Blaylock , Associate Planner RJB : yb cc : Donald C . Meier , Department of Transportation , Office of District Engineer , D-1, 6431 Corson Avenue South C-81410 , Seattle, Washington 98108 NOTICE OF PUBLIC HEARING RENTON LAND USE HEARING EXAMINER RENTON, WASHINGTON A PUBLIC HEARING WILL BE HELD BY THE RENTON LAND USE HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS, CITY HALL, RENTON, WASHINGTON, ON FEBRUARY 17 , 1981 , AT 9 :00 A.M. TO CONSIDER THE FOLLOWING PETITIONS: 1 . RAINIER SAND AND GRAVEL COMPANY Continued from December 23 , 1980: application for special permit to fill and grade 1 . 6 million cubic yards over life of project, file SP-099-80; property located approximately 370 feet south of N.E. 3rd Street on hill east of Mt. Olivet Cemetery. 2 . HOMECRAFT LAND DEVELOPMENT, INC. Reopening of the public hearing by the Renton Land Use Hearing Examiner for consideration of the recreational element of the proposal: application for three lot short plat approval in R-4 zone, file Short Plat 095-80, and waiver of off-site improvements, W-096-80; property located on the west side of Edmonds Avenue N.E. (extended) between N.E. 3rd Street and N.E. 4th Street. 3 . RENTON VILLAGE VETERINARY SUPPLY COMPANY Applications for rezone, file R-137-80, from GS-1 and R-4 to B-1 to allow parking for commercial business and variance, file V-007-81 , for reduction of required setback from 20 feet to 10 feet, relocation of required 5 foot landscaping requirement to portion of right-of-way of SR-515 , and lease of 20 foot strip of SR-515 right-of-way for relocated 5 foot landscaping strip; property located on the east side of Talbot Road South, south of FAI-405 and north of Puget Drive South. 4 . DURWOOD E. BLOOD Application for rezone, file R-001-81 , from R-1 to R-2 to permit future construction of ten townhouse condominium units; property located on the south side of N.E. 14th Street approximately 130 feet west of Edmonds Avenue N.E. Legal descriptions of files noted above are on file in the Renton Planning Department. ALL INTERESTED PERSONS TO SAID PETITIONS ARE INVITED TO BE PRESENT AT THE PUBLIC HEARING ON FEBRUARY 17 , 1981 , AT 9 :00 A.M. TO EXPRESS THEIR OPINIONS. PUBLISHED: February 1 , 1981 DAVID R. CLEMENS ACTING PLANNING DIRECTOR CERTIFICATION I, ROGER BLAYLOCK, 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 to before me, a Notary Public, in and for the State of Washington residing in King County, on the 30th day of January, 1981 . SIGNED: �. . , i"``•L,19 "7c F., 0 r 1�} . '`.i x. .r may, .py :,tom#, 4 C'Y `.> ' ' - ,.1H,.. f - 'x.. 1{ t. N'C +fir'+• "^yN{ 3•.•`• + rr ;.. , i Y '_ 1 r.',r •11 c •ha•. E'* Ark Y lid Il .1 xrq+t yy}, ` �"ram,,'£ VI �Y, y ♦ 1 { ,{_, Jel ' # t•A .} >f y.tt l• {i. Y 1 ,N • l �#' r f Y3zr rf « t '' ....f ,i ',• .r'• - , ` c : • I GENERAL LOCATION: AND, OR ADDRESS: • PROPERTY LOCATED ON THE EAST SIDE OF TALBOT ROAD SOUTH, SOUTH OF FAI-405 AND NORTH OF PUGET DRIVE SOUTH LEGAL.. DESCRIPT1 N: LEGAL DESCRIPTION ON . FILE IN THE RENTON PLANNING DEPARTMENT • S POSTED TO NOTIFY PROPERTY G' . ERS OF • r t1NG . II 1 • TO BE HELD I ' IN CITY COUNCIL CHAMBERS, MUNICIPAL BUILDING ON FEBRUARY 17, 1981 BEGINNING AT 9 :00 .M. i 1 , .: -r FROM GS.-1 AND R-4 TO B-1TO ALLOW PARKING r#; '• AND VARIANCE FOR REDUCTION OF SETBACK - '' FILE NOS . R-137-80 & V-007-81 ' 4*-1. W PCI • SITE AP !:Vr� L II WAIVE '. SHOREUN : MA }� '` 'V� 4 § ENT ERMI®T FINAL DECLARATION OF NON-SIGNIFICANCE EXPIRATION OF APPEAL PERIOD ; FEBRUARY 8, 1981 • FOR FURTHE'`k INFORMATI& CALL 235 2550 THIS NOME NOT TO BE REMOVED WITHOUT PROPER AUTHORIZATION FINAL DECLARATION OF NON-SIGNIFICANCE Application No (s) : R-137-80 Environmental Checklist No: ECF-646-80 Description of Proposal: Proposal to rezone from GS-1 and R-4 to B-1 to permit parking for commercial uses Proponent: Renton Village Veterinary Supply Company Location of Proposal: East side of Talbot Road South, south of FAI-405 and north of Puget Drive South Lead Agency: Planning Department This proposal was reviewed by the ERC on January 21 , 1981 , following a presentation by Roger J. Blaylock of the Planning Department. Incorporated by reference in the record of the proceedings of the ERC on application ECF-646-80 are the following : 1 ) Environmental Checklist Review Sheet, prepared by: Steve Munson, Assistant Planner DATED: January 21 , 1981 2) Applications : R-137-80 3) Recommendations for a declaration of non-significance: Planning Department Acting as the Responsible Official, the ERC has determined this development does not have significant adverse impact on the environment. An EIS is not required under RCW 43. 21C. 030 (2) (c) . This decision was made after review by the lead agency of a complete environmental checklist and other information on file with the lead agency. Reasons for declaration of environmental non-significance: 1 . Proposal is not directly consistent with the Comprehensive Plan but will not adversely affect adjacent properties. Signatures : .L-c -C1411/ciooti on Nelson, Building Director Ciid C emens �"fin; Planning Director (Az --€& R' and C. Houg on, ctinq Public Works Director DATE OF PUBLICATION: January 25,, 1981 EXPIRATION OF APPEAL PERIOD: February 8 , 1981 Public Notice Public Notice NOTICE OF i.;r the following project: ENVIRONMENTAL 1. NORTHWEST COM- DETERMINATION MERCIAL REAL ESTATE ENVIRONMENTAL COMPANY(AUSTIN COM- REVIEW COMMITTEE PANY(ECF-602•80) RENTON,WASHINGTON Application for site ap- The Environmental Re proval for tour two-story of- view Committee (ERC) has tics building complexes;file issued a final declaration o SA-092-80;property located non-significance for the fol on the sout!,west corner of lowing projects: S.W. Und Ave. and S.W. 1.MT.OLIVET CEMETERY 16th St. CO. (ECF-587-80) Subject to the following Application for specie conditions for proposed de- permit to fill and grade 11. claratlon of non-signifI- acre expansion area, file canoe: SP-047-80;property locate( a)Tr'affi::impacts at S.W. north and east of existing Mt 16th St. and Lind Ave.S.W. Olivet Cemetery, east o• signal. N.E.3rd St.in the vicinity o' b) Traffic capacity im"• 100 Blaine Ave. N.E. provements on S.W. Grady 2. PACIFIC NORTHWES1 Way and Lind Ave. S.W. BELL(ECF-830-80) c)Pedestrian access from Application for Shoreline S.W. Grady Way and Lind Management Substantia Ave. S.W. Development Permit, file d) Contribution to 1-405 SM-88-80,to install 18 inch bridge improvement. steel OD cas+eg pipe withir e)Appropriate open drain- the Bronson Way Bridge:, age and wetland preserve- property located on the floe. Cedar River immediately f) Perimeter off-site im west of City of Renton provements. Municipal Building. g)Plans to mitigate recre- 3. RENTON VILLAGE atnal impacts. VETERINARY SUPPLY Further information re-, COMPANY(ECF-646-80) garding this action is avail- Application for rezone able in the Planning Depart- from GS-1 and R-4 to B-1 to ment, Municipal Building, permit parking for commer- Renton, Washington, 235- clal uses,file R-137-80;pro- 2550. Any appeal of ERC perty located on east side of action must be filed with the Talbot Road South,south of H Jaring Examiner by Feb- FAI-405 and north of Puget wary 8, 1981. Drive south. Pubi:hod in the Daily Re- 4. DURWOQD BLOOD cord Chronicle on January • (ECF-001-81) 25, 1981. R6318 Application for rezone from R-f to R-2 to permit future construction of ten townhouse condominium units,file R-001-81;property located on the south side of N.E. 14th St. approximately 130 feet west of Edmonds Ave. N.E. 5.CITY OF RENTON(ECF- 001-81) Application for exemption from the Shoreline Manage- ment Substantial Develop- ment Permit, file SME-002- 82, to allow maintenance dredging of 1.2 miles of the Cedar River (75,000 cubic yards); property located from the mouth of the River to the Logan Street bridge. 6.WILLIAM TSAO AND CO. (POITRAS)(ECF-005-81) Application for site ap- proval to allow construction of a 12,000 square foot shopping center including three stores,file SA-008-81; property located on the south side of N.E. 4th St. approximately 600 feet west of Union Avenue N.E. The Environmental Re- view Committee (ERC) has further issued a proposed declaration of significance Date circulated.___,'/ g 3/ Commer due ° �f ,/ � ENV RONHENTAL CHECKLIST REVIEM SHEET ECF - 6Y6 - i (, APPLICATION No (s ) - /3 7- o PROPONENT : A:4iopi !{i°//af /04://cPribict0' gee if----04l 4 PROJECT TITLE : REC.45/1(6:- Brief Description of Project : at„ueS r �4 49� te �U ,6c,oe !{e c1s-, . a" / ? 0 SC' e rkG li,cf�e9vgton®iree14 at's, LOCATION : �',' , ,or7a ao,/4,40.4 s®u f� ,,f'„ fleas f loas-,iA® �,�lepOp. / r SITE AREA : ? `7j�j0 BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic ' changes : _ ..,/ Z • 2 ) Direct/Indirect air quality : -" J I. 3 ) Water & water courses : 4 v' �/ 4) Plant life : P 5 ) Animal lifel; 6) Noise : \. %,/ f 7 ) Light & glare : 8 ) Land Use ; north : . east : south : w e;s t : Land use conflicts : View obstruction : 9) Natural resources : 10 ) Risk of upset : ,; 11 ) Population/Employment : v/ 12 ) Number of Dwellings : v' 13 ) Trip ends ( ITE ) : tl traffic impacts ; 14) Public services : c' 15 ) Energy : �. 16 ) Utilities : v' 17 ) Human health :' v 18 ) Aesthetics : 1,' 19 ) Recreation : V,' / 20 ) Archeology/history : v COMMENTS : / Recommendation : DNS `� DOS More Information Reviewed by : ('/VIL-- l itle : 1., O � :--.' ""' ' ; r" Date /2 r- FORM: ERC-06 Date circulated i / '/f 59/ //"° ,;, / Commer due : 0 EM3' RO 1Ef1JTAL CHECKLIST REVIEf`9 SHEET ECF - - `gs9 APPLICATION No (s ) . PROPONENT : 6)4 ,6m slP e d e PROJECT TITLE : 6,4 454l6_ Brief Description of Project : ks..4,0 $ V pc2 490? Q45-4) ,00/c,c -1.... LOCATION .4(ThzlA®f 44 •e .50 O le '-A9 - rimer 4 s- SITE AREA : � BUILDING AREA (gross ) — DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : r/ 3) Water & water courses : 4) Plant life : �/ 5 ) Animal lifer v/ 6 ) Noise : 7 ) Liyht & glar`e : 4 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : 9 ) Natural resources : 10 ) Risk of upset.: 7 11 ) Population/Employment : V/ 12 ) Number of Dwellings : 13 ) Trip ends ( ITE ) : traffic impacts : 14 ) Public services : v/7 15 ) Energy : 16 ) Utilities :17 ) Human health : ✓ 18 ) Aesthetics : 1//:/ . 19 ) Recreation : 20 ) Archeology/history : v/ COMMENTS : Recommendat ion ; D�NSI4 D( S More Information Reviewed by : / / J Date ; e- FORb1: ERC-06 Date circulated /PI ` Commei due : /04 // / EMIT I RO HENTAAE CHECKLIST REVIEd9 SHEET ECF - 40,Y6 - o APPLICATION No (s) . /Q- /„3-7- 0 PROPONENT : ems/ ape lea e l PROJECT TITLE :--A ®0t0� Brief Description of Project : mreie ,gill pes' eP ‘245.04A-c �. 5- k sq7, r co"VW/veil 6165 LOCATION : '4'69; e6 � ��7lott9P" SITE AREA : L 7i/0 e BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO J 1 ) Topographic changes : I� 2 ) Direct/Indirect air quality : 3) Water & wate'r courses : ® 4) Plant life : �✓ 5 ) Animal life:! 6) Noise : 7 ) Light & glare : a/ 8) Land Use ; north : eat : south : west : Land use conflicts : View obstruction : 9) Natural resources :_ 10 ) Risk of upset : T ✓ 11 ) Population/Employment : �✓ 12 ) Number of Dwellings: _ I 13 ) Trip ends ( ITE ) : traffic impacts : 14) Public services : 15 ) Energy : 16 ) Utilities : 17 ) Human health : 18 ) Aesthetics : ✓ 19 ) Recreation : t✓ 20 ) Archeology/history : COMMENTS : Recommendation : DNSI DOS More Information Reviewed by : Afm4.7_4 , Title : ic.-e.- Date : 1- 2� - ? 1 FORM: ERC-06 Date circulated : l �� r Comme�....: due : // /// ENVR®NJHEfNiAL CHECKLIST REV!El SHEET • ECF - CVO - $3o APPLICATION No (s ), . - 13137-go PROPONENT : AP94.4m ' /a ' / rt stk.e, Sto I PROJECT TITLE : °,V Brief Description of Project : Artis2s nl r 5®/ / it, c.IS k eeka.6165 LOCATION :A^ eVe"ar Teta,/44::S. Soed,A of -Pam" t OAT�oped45,714r • SITE AREA : 137 7900 BUILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3) Water & water courses : �.- 4) Plant life : 5 ) Animal life : 6) Noise : • 7 ) Light & glare : 8 ) Land Use ; north: east : south : . west : Land use conflicts : View obstruction : 9 ) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : 13 ) Trip ends ( I TE ) : traffic impacts : 14) Public services : e/ 15 ) Energy : 16 ) Utilities : 17 ) Human health : F • 18 ) Aesthetics : �.. 19 ) Recreation : \ c �' 20 ) Archeology/history : COMMENTS : Recommendation : DNSI DOS More Information r" jIhr Reviewed by : �� . .�./-eai I i t 1 e : 21 1 / Date : FORM: ERC-06 Date circulated ;kW/ Commer due : %/0 ENVRONIHENTAL CHECKLIST RE IEL7 SHEET ECF - 4Y4 - 430 APPLICATION No (s ) . . 1.37-80 PROPONENT : feed ®Po ® ca e Cs e PROJECT TITLE : AECe5/14/627 Brief Description of Project : QS ttZ r i --v- LOCATION :E 'er& ® 44;S - ® V A® 4714- SITE AREA : 3 7 704) E3UILDING AREA (gross ) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : • 2 ) Direct/Indirect air quality : 3) Water & water courses : x I 4) Plant life :' 5 ) Animal life: 6 ) Noise : x 7 ) Light & glare : 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : . 9 ) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : X 12 ) Number of Dwellings : — x 13 ) Trip ends ( ITE ) : traffic impacts : 14 ) Public services : 15 ) Energy : k 16 ) Utilities : X 17 ) Human health : 18 ) Aesthetics : 19 ) Recreation :, . 20 ) Archeology/history : COMMENTS : Recommendation :,IDNSI DOS More Information Reviewed by : (/��;;,� cz/�- Title : 7( l�> > Date : FORM: ERC-06 Date circulated r A .4 ,, _ Comme, due : /AA/ ENU' E OMHENTAE CHECKLIST REVIEW SHEET ECF - 6 - 194) APPLICATION No (s ) . - 1 37- ® � PROPONENT : ® e �► a+ la, e 4 AD ri Ata..✓ .• tdiv mil t5t ir PROJECT TITLE : 417C-d.1( • ! Brief Description of Project :_gokiuQd 4 p 4 P 0di „T.& 4/0.c LOCATION '40 a :t ® w:S. so Site-) ofI-Co. '''4ebeigee /,fir r SITE AREA : 3 2 0e ' BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : `/ --- 2 ) Direct/Indi`rect air quality : 4e. 3) Water & water courses : �/ 4) Plant life : 5 ) Animal life : , //::: 6) Noise : 7) Light & glare : 8 ) Land Use ; north : 1/'/'- east : 1./--- south : �.--- west : Land use conflicts : 4Q p,A-5. 4 View obstruction : y Y v e 9 ) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : Z'/''/ 12 ) Number of Dwellings : 4 13 ) Trip ends ( ITE ) : - -® ®traffic impacts : e.,0 - 14) Public services : 101. - ' 15) Energy : 16) Utilities : 17) Human health: E®.=##' ,-t> 18) Aesthetics : 1'i P �� , . i'.:, 19) Recreation : j 20 ) Archeology/history : dam' COMMENTS : 'I I1 1,. c= Recommendation : DNSI DOS More Information � II Reviewed by : upluYe 1 itle : A t., .`� A1a.vlFiP.V- Date : 11-1194 FORM: ERC-06 Date circulated : f ���/ Comments due : 1/�/,fig/ ENVCROIWNENTAL CHECKLIST REVIEV SWEET ECF - CM - APPLICATION No (s ) . - 137-go PROPONENT : d'na opt if/rt r e# PROJECT TITLE : AOC-et/Ye-- Brief Description of Project : AdivueS j tctp ®cii, „To 4it'sc LOCATION : cc`/er d��euitu r`�P..�. .�®u1�1 0� -5,as �life�fA rdi '6'714,'. SITE AREA : 1377600 BUILDING AREA (gross) DEVELOPMENTAL COVERAGE (%) : IMPACT REVIEW NONE MINOR MAJOR MORE INFO 1 ) Topographic changes : 2 ) Direct/Indirect air quality : 3 ) Water & water courses : 4) Plant life : 5 ) Animal life : 6) Noise : 7 ) Light & glare : 8 ) Land Use ; north : east : south : west : Land use conflicts : View obstruction : 9) Natural resources : 10 ) Risk of upset : 11 ) Population/Employment : 12 ) Number of Dwellings : • 13 ) Trip ends ( ITE ) : traffic impacts : 14 ) Public services : 15 ) Energy : 16 ) Utilities : 17 ) Human health : 18 ) Aesthetics : • 19 ) Recreation : 20 ) Archeology/history : COMMENTS : Recommendation : DNSI DOS More Information_ Reviewed by : 'Lt/D.R. Persson Title : Date : 1/19/81 FORM: ERC-06 R' NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMITTEE RENTON , WASHINGTON The Environmental Review Committee (ERC) has issued a final declaration of non-significance for the following projects : 1 . MT. OLIVET CEMETERY CO. (ECF-567-80) Application for special permit to fill and grade 11 -acre expansion area , file SP-047-80 ; property located north and east of existing Mt . Olivet Cemetery , east of N. E. 3rd St . in the vicinity of 100 Blaine Ave. N. E. 2 . PACIFIC NORTHWEST BELL (ECF-630-80) Application for Shoreline Management Substantial Development Permit, file SM-86-80 , to install 18 inch steel OD casing pipe within the Bronson Way Bridge; property located on the Cedar River immediately west of City of Renton Municipal Building. 3 . RENTON VILLAGE VETERINARY SUPPLY COMPANY (ECF-646-80) Application for rezone from GS-1 and R-4 to B-1 to permit parking for commercial uses , file R-137-80 ; property located on east side of Talbot Road South , south of FAI-405 and north of Puget Drive South. 4 . DURWOOD BLOOD (ECF-001 -81 ) Application for rezone from R-1 to R-2 to permit future construction of ten townhouse condominium units , file R-001 -81 ; property located on the south side of N.E. 14th St. approximately 130 feet west of Edmonds Ave. N. E. 5 . CITY OF RENTON (ECF-002-81 ) Application for exemption from the Shoreline Management Substantial Development Permit, file SME-002-81 , to allow maintenance dredging of 1 . 2 miles of the Cedar River (75 , 000 cubic yards) ; property located from the mouth of the River to the Logan Street bridge. 6 . WILLIAM TSAO AND CO. (POITRAS) (ECF-005-81 ) Application for site approval to allow construction of a 12 , 000 square foot shopping center including three stores , file SA-008-81 ; property located on the south side of N.E. 4th St. approximately 600 feet west of Union Avenue N.E. The Environmental Review Committee (ERC) has further issued a proposed declaration of significance for the following project : 1 . NORTHWEST COMMERCIAL REAL ESTATE COMPANY (AUSTIN COMPANY (ECF-602-80) Application for site approval for four two-story office building complexes , file SA-092-80 ; property located on the southwest corner of S.W. Lind Ave. and S.W. 16th St. Subject to the following conditions for proposed declaration of non-significance: a) Traffic impacts at S.W. 16th St. and Lind Ave. S.W. signal. b) Traffic capacity improvements on S.W. Grady Way and Lind Ave. S.W. c) Pedestrian access from S.W. Grady Way and Lind Ave. S.W. - 2 - d) Contribution to 1-405 bridge improvement. e) Appropriate open drainage and wetland preservation. f) Perimeter off-site improvements. g) Plans to mitigate recreational impacts. Further information regarding this action is available in the Planning Department., Municipal Building, Renton, Washington, 235-2550. Any appeal of ERC action must be filed with the Hearing Examiner by February 8 , 1981 . Published: January 25 , 1981 ENVIRONMENTAL REVIEW COMMITTEE JANUARY 21, 1981 AGENDA COMMENCING AT 10: 00 A.M. : THIRD FLOOR CONFERENCE ROOM PENDING BUSINESS: JAMES BANKER (ECF-623-80, SP-111-80) MT. OLIVET CEMETERY COMPANY (ECF-567-80, SP-047-8'0) OLD BUSINESS: SP-047-80 MT. OLIVET CEMETERY COMPANY ECF-567-80 Application for special permit to fill and grade 11-acre expansion area; property located north and east of existing Mt. Olivet Cemetery, east of N.E. 3rd Street, in the vicinity. of 100 Blaine Avenue N.E. NEW BUSINESS: R-125-80 DAVE BEST ECF-634-80 Application for rezone from G to R-3 to permit future construction of multiple family dwellings; property located on the west side of Talbot Road South approximately 1, 000 feet south of S.W. 43rd Street • R-135-80 FRED BOWSER ECF-642-80 Application for rezone from G to R-2 to permit future construction of multiple family dwellings; property located on the west side of Talbot Road South approximately 1/4 mile south of S.W. 43rd Street R-001-81 DURWOOD E. BLOOD ECF-001-81 Application for rezone from R-1 to R-2 to permit future construction of ten townhouse condominium units; property located on the south side of N.E. 14th Street approximately 130 feet west of Edmonds Avenue N.E. R-137-80 RENTON VILLAGE VETERINARY SUPPLY COMPANY V-007-81 Applications for rezone from GS-1 and R-4 ECF-646-80 to B-1 to allow parking for commercial business and variance for reduction of required setback from 20 feet to 10 feet, relocation of required 5 foot landscaping requirement to portion of right-of-way of SR-515, and lease of 20-foot strip of SR-515 right-of-way for relocated 5-foot landscaping strip; property located on the east side of Talbot Road South, south of FAI-405 and north of Puget Drive South SME-110-80 CITY OF RENTON ECF-002-81 PUBLIC WORKS DEPARTMENT Application for exemption from the Shoreline Management Substantial Development Permit to allow maintenance dredging of sedimentary deposits from the bed of the Cedar River from the mouth of the Cedar River to the Logan Street Bridge (approximately 1. 2 miles) OF R � . 4)\'` W.19„ ''(,eX";e t$ z , VARIANCE APP L ' CNA �f.,1, 0 f MI • CITY OF R E}4 0N` . O i 9"00 � � PLANNING DEPART I 'b, R1% SEPleg' (206) 235-2550 �RT[� NOTE: TO APPLICANT: Please OFFICE USE ONLY read instructions on back of this form Application No. : o o 7-Y/ carefully before Associated File(s) : i,97 - d preparing your appli- cation for VARIANCE. Date Received: Date Accepted: i- ' 3 Approved: ❑ ) Denied: ❑ )DATE. Publication Date: Affidavit: Comprehensive Plan Zoning: tot **********************•***************.************.*********************** In addition to the information below, the applicant should include a site map and any other pertinent information which will assist in the review of this application. The Planning Department reserves the right to require additional information needed to evaluate the application (note Variance Application Procedure on the last page) . 1. Name of Applicant: RENTON VILLAGE VETERINARY SUPPLY CO. , a General Partnership 2. Mailing Addreess: 905 Talbot Road South , Renton . Washington 98D55 /Telephone No. : 226 3360 3. APPLICANT IS: Owner C[ Lessee a Contract Purchaser Other (Specify) . Vendee 4. Name and address of owner, if other than applicant: Contract Vendor : Puget Sound Power and Light, a Washington Corporation /Telephone No. : 453 6798 Mr . Bill Arthur 5. General location of proposed project (give street address if any or nearest street and intersection) : Southeast corner of SR 405 and SR 515 Parcel lies .South of SR 405 , East of SR 515 and West of Benson Road South 6. Legal Description (if lengthy, attach as separate sheet) : See Attached , 7. State EXACT VARIANCE REQUESTED/SPECIFY CODE SECTION: 1 . reduction of rPqui red setback from 20 feet to 10 feet . 2 . Relocation of. required 5 foot '-qnascap4471g requirement to portion of right of way of SR 515 , beiny a 20 foot strip lying between the public sidewalk and the West property lire_ 3 _ Leaso of the 20 foot strip of SR515 right, of waytv.r. Lhe relocated 5 foot landscaping strip. • -1- • 8. Why can't the property Y developed within the requiremez..., of the ordinance? The Parcel under consideration lies North of a State Highway SR 405 , lies East of a State right-of-way SR 515 (Talbot Road South) and the State Road old SR 515 (Benson Road South) . Puget Sound -Power and Light . Transmission Line rights-of-way to the South and an easement 'running North and South through the center ,of the property. The existing Terrain feature: and site difficult site sloping upward from SR 515 (Talbot Road to the Benson Road. The Buildable area is limited to one small .tuhencumbered area and development with existing setback requirements and . landscaping require- ments would cause extreme hardship . Cuts and fills of the site development for onsite parking would further diminish use of the buildable area . . AFFIDAVIT I, P H I L I P F . I.RW I 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. /') . 7 xcA- . Signature Owner • • Philip F. Irwin 905 Talbot Road South Address Renton, Inlashington 98055 City, State, and Zip Code Number) • Telephone No. 226 3360 Subscribed and sworn before me this 9 t h day of _r; j u a r y , 19 8, Notary Publi - • for the . ate of Washingto, -��. .�+.g - - 0 9 . =me o #Notar Don E . Fitts • 301 S .W. Grady Way Address Renton, Washington 98055 • • • • -2- EXHIBIT "A" ®� ;ar \ That portion of the Northwest 1/4 of Section 20, and ye Northeast s 1/4 of Section 19, Township 23 North, Range 5 East, In. scribed as follows: °� \\s,„6. Begin ing t e rter r to Northn0°44a05"hEastaalongctheeSectionnline Sections 19 j commonthereto r$': 77 'ilcJe feet to a point on the Northeasterly line of Bonneville Power Administration' s right-of-way as contained in instrument under Auditor' s File No. 3292927 and the true point of beginning; thence North 42°35 ' 54" West along said Northeasterly line 221 . 87 feet to the East line of Talbot Road Extension; thence North 2°39 ' 07" East along said East line 77. 94 feet to the Southerly line of P. S. H. No. 1; thence along said Southerly line on a curve to the left with a radius of 2 , 030 . 00 feet, the radial center of which bears North 26°50 ' 55" West; thence along said curve to the left, an arc distance of 183 . 97 feet to the intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25 ' 15" East 3, 025. 00 feet; thence along the arc of said curve a distance of 42 . 54 feet to a point on said curve that bears North 89°46 ' 24 " East 160 . 00 feet when measured radially from the center line of the Benson Road at Highway Engineer' s. Station 36-50; thence South 25°48' 51" East along said right-of-way line 171 . 45 feet to a point which measured South 86°46 ' 25" West 90 . 00 feet when measured radially from the center line of Benson Road at Highway Engineer ' s Station 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2, 955. 00 feet an arc distance of 169 . 49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23 ' 49" West 68. 31 feet along said North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42° 35 ' 54 " West along said Northeasterly line 50. 61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a point on the Southwesterly line of beforcnnentionc:d Bonneville Power Administration ' s right of way, which point is North 0°44 ' 05" East 423. 19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20 ; thence North 42° 35 ' 54" West along said Southwesterly line 139 . 29 feet to the true point of beginning; thence continuing North 42°35 ' 54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88° 36 ' 39 " East 2 , 795 .00 feet; thence along said curve and East line an arc distance of 67. 92 feet to a point on the North line of the City of Seattle ' s 200 foot Diablo right-of-way, as contained in instrument recorded under • Auditor ' s File No. 3560496; thence North 87°23' 49" East along said North line 60 . 79 feet to f.he true point of beginning. /V4;CI JUSTIFICATION FOR VARIANCE PROPERTY: Parcel on the Southeast Corner of SR 405 and'°°-S° '15 : Propert' bounded by State Highways SR 405 on the North SR 515 (Talbot Road South) on the West Benson Road South on the East Transmission Line rights-of-way along the South boundary Transmission Line right-of-way running southeasterly and Northwesterly over the Southwesterly portion VARIANCE : 1 . Reduction of required setback from state right-of-way SR 515 from 20 feet to 10 feet . 2 . Lease a portion of the SR 515 right-of-way, being 20 feet wide and lying between the West Property line and the Easterly margin of the Public sidewalk. 3 . Relocation of the required 5 foot landscaping area to the leased portion of the right of way. JUSTIFICATION: a . The location of the site because of the surrounding State Roads and the irregular shape and steep topo- graphical slope would provide undue hardship if strict compliance with the Renton Zoning Code is mandatory. Excavations of the site because of topography because of the cuts and fills may further diminish the allowable buildable area . Puget Power fencing and storage areas use a portion of the setback, being 1-cated North of SR 405 . John Julian Electric Motors and similar business along Sunset Blvd lying between Sunset and SR 405 , have enjoyed similar variances when the total buildable propert is limited by State Roads in setback reductions . b . The granting of the variance will not materially affect or be detrimental to Public Welfare or injurious to property or improvements in the vicinity. The bridge abuttments for SR 405 located to the North adjoin the Easterly edge of the Public Sidewalk, limiting future expansion of the right-of-way. c . Approval of this Variance would not and shall not be considered a special privilege inconsistent with other properties in this vicinity. Other Business District zoned properties in the area enjoy the full provisions allowable under the zoning code . . d. This Variance request is the minimum for the desired purpose in construction of a Veterinary Clinic and professional Office Building spaces . / STATE OF EP 411: D ARTME TOF'N TRANSPOT�TATION WASHINGTON ;: Office of District Engineer,D-1,6431 Corson Ave;So.,C-81410,Seattle,Washington-98108,. Dixy Lee Rosy , '' . 4 Governor October 10, 1980 ;. ;;;.-;.,'r • Fitts Escrow Co. ;' . . Mr. Don E. Fitts 450 Shattuck Ave. So. , ';, Renton, WA 98055 Re; . SR 515 C.S. 171+1 ,,..' Renton Vicinity: Carr Road to` Grady Way, Sheet 6 of 11 , '` F.A. #N-106,1 ( ), Irwin '.`" • . Lease , !, • Request : ' : #, : .rA Dear Mr. Fitfis. ,;:. I must refer you to the City of Renton to apply to "lease the requested. :,�> '_;.? highway right of way. , SR 515 is not a "Limited Access" highway therefore;; `' ""`''�` „ title to the right of way within the municipality corporate limits vests in the municipality. .,, I understand you have applied to the City to vacate the required right- of-way. Please be advised that the State will: not approve the City!s vacating any SR 515 right of way in this area. Since there is a ,. : :; possibility that all the right of way may be required in the future the :. _`'_ '' State will oppose disposition of the existing right of way. .. However the: : ;:: State will not oppose ,a lease or a permit. �r , Very truly Yours,' ; . J. D. ZIRKLE, P. E. . District. Administrator �i. Gam. ���1•It,�h,,•• s : DONALD C. MEIER'. Airspace 'Coordinator: DCMiere :• : . : _:....j ''' , . : '.-. :' ' .: :, . ,''.:,,-',:, • :.:4' 3 1 • • LIMITED USE PERMIT NO. 20-23-05-0711 • • THIS • LIMITED' USE PERMIT made this day of , • 198 by and between PUGET SOUND POWER & LIGHT COMPANY, a Washington corporation ("Puget" herein) and RENTON VILLAGE VETERINARY SUPPLY COMPANY, a partnership ( "Veterinary" herein) ; . In consideration of the covenants and conditions herein. con- tained, Puget . hereby grants permission to Veterinary to use the real property (the "Property" herein) situated in Renton, King County, Washington, as described in Exhibit "A". attached hereto and by this reference made a part hereof. 1. Term. The term of this Permit is eighty-four (84) years beginning as of October 29, 1980. 2 . . Use of Property. The occupation and use of. the Property by • . Veterinary shall be limited to access, uncovered automobile parking and recreational purposes, provided that such use and occupation shall not be exercised in a. manner that would interfere with, impede . or be detrimental in any way to the unrestricted primary use of the . Property :by Puget for electrical utility right of way purposes or in any way create risks or hazards to persons or property in light of such primary use, and provided further that Veterinary 's use shall at all times :be expressly subject to Puget 's right to construct operate, relocate, maintain or 'repair existing or future transmission or distribution lines on the Property without any cost to Puget arising from any disturbance to. improvements made by Veterinary. . 3. Structures. No building shall be erected or permitted upon the Property at any' time and no other structures shall be erected except those normally incident to uncovered parking and/or recreational purposes and in no event shall any such improvement be permitted which would in any way create a risk or hazard with relation to the primary electric utility use to which the Property is devoted. In the construction of any permitted improvements, Veterinary shall comply with all applicable safety and building codes and regulations. 4. Taxes., ,Veterinary shall be responsible for the full amount of real property taxes assessed on the Property and any improvements made thereon by Veterinary. Veterinary shall, on an annual basis, reimburse Puget for ,the full amount of any such taxes paid by Puget within '60 days of the notification by Puget as to the -amount thereof, but not upon any improvements made thereon by Puget . 5. Insurance. Veterinary shall buy and maintain in full force and effect throughout the term hereof public liability' insurance in the policy amounts of $1,000,000/$3,000,000 and property damage insurance in the policy amount of $50,000 . Such policy or policies shall expressly name; Puget as an additional insured and shall be non-cancellable without prior written notice first having been delivered to Puget. 6. n Assi mL�llt.. Veterinary,g a y, or its ItItssor, may at any time assign or transfer all of its rights hereunder, provided that no partial assignment or transfer shall be permitted without the prior written approval of Puget , which approval Puget covenants it shall not withhold unreasonably, taking into consideration the needs of Veterinary, or its successor, in connection with an orderly development and sale of the property. Upon any such assignment or transfer, Veterinary, or its successor, as the case may be, shall be relieved of its unaccrued obligations hereunder with respect to the property so assigned or transferred. 7. Termination for Default . If Veterinary or any of its assignees or successors shall default in the performance of any covenants or agreements or conditions herein with respect to any portion of the Property, and if such default shall continue for a period of thirty (30) days after receipt by Veterinary or its then successor or assignee with respect to the Property involved of written notice from Puget of said default , Puget may, at the end of said period, declare this permit forfeited and said term ended with respect to the portion of said Property involved, by giving . Veterinary or its said successors or assigns then holding Veterinary 's interest with respect to such portion of the Property involved, written notice of forfeiture. EXECUTED as of the day and year first above written. RENTON VILLAGE VETERINARY SUPPLY CO. a Partnership By: W40 r PUGET SOUND POWER. & LIGHT COMPANY By 2 . .1.� Director Real Estate STATE OF WASHINGTON ) ) SS. COUNTY OF KING ) On this 9u 1 day of �(-1 ( , 198iL, before me personally appeared WM. K. ARTHUR, to me known to be the Director Real Estate of PUGET SOUND POWER & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged 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 he is authorized to execute said instrument . GIVEN under my, hand and official seal the day and year last above written. )(4/Ac Notary ublic i and for Ziptate of Washington, r i ing at -2- • L7V TED USE PERMIT NO. 20 -23 -0711 • EXHIBIT A LEGAL DESCRIPTION All that portion of the City of Seattle's 200 foot Diablo. right of way as contained in instrument recorded under *Auditor's File No. 3560496; and all. that portion of the Bonneville Power Administration's :100 foot right of way as contained in instrument recorded under Auditor's File No. 3292927; all in Sections ,19 •and 20, Township 23 North, Range 5 East, W.M., described as follows: BEGINNING at the quarter corner common to said Sections 19 and 20; thence North 0°44 '05" East along the common section line • 454.85 feet to the TRUE POINT OF BEGINNING; thence North 87°23'49" • East 113.53 feet; thence Northerly along a curve to the right having a radius of 2955.00 feet, through a central angle of • 01°27 ' 32" , a distance of 75.25 feet; thence South 87°23'49" West • 68.31 feet,- thence North 42°35 '54" West 272.48 feet; thence South 02°39 '07" West, 79.•88 feet; thence Southerly along a curve to the left having a radius of 2,795.00 feet, through a central angle of 01°15 '46", a distance of 61.60 feet; thence South 42°35'54" East 88.50 feet; thence South 87°23'49" West ' 60.79 feet to the Easterly margin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795.00 feet through a central angle of 01°32 '15" a distance of 75.01 feet; thence North 87°23'49" East 154 .59 feet to the TRUE•POINT OF BEGINNING. Subject to all easements and rights of record. • • • • • • i,,._1 S E:NC r N T • }•nr and in con-icl.c.,:,nn uf (n,e 1%.::.,r Lel.vt7 .,;.o ether valuable consideration, the receipt of which is hereby acknowledged, RENTON VILLAGE VETERINARY SUPPLY COMPANY,_ a Par oar- hip, ("Grantor" herein), hereby grants, conveys and t•.srrants to PUGET SOUND POWER 8: LIGHT COMPANY, a Washington ("c;r.,,uee" herein), for the purposes hereinafter set faith, a perpetual easement over, across and under the .ti,.g ,1, ri0.d r.;.l i,r.,..ezty (the "Pr.-y, -i•ty" herein) in King Cod nty, Washington: • See Attached Exhibit "A" • E.v,•.pt as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right-of-Way" herein) described as follows: A Right-of-Way •--__ __ _82 feet in width hating 2 3. 5 feet of such width on aka :dm�� = t::a--=6.-2 slwiavk-a the westerly side and 58. 5 feet of such width on the easterly side of a centerline described as follows: Conmencing at the quarter corner common to Sections 19 and 20, Township 23 North, Range 5 East, W.M., thence N 0°44'47" E along the common section line between Sections '19 and 20, 329.59 feet to the south line of the City of Seattle's 200 foot Diablo right of way as contained in instrument under Auditor's File No. 3560496; thence westerly along said south line to a point 20 feet distant, when measured perpendicularly, from said common section line; thence N 0°44 '47" E, parallel to and 20 feet distant from said common section line, 506.70 feet to a point hereinafter referred to as Point A; thence N 9°05' 38" W, 38 feet, more or less, to the southerly line of P.S.H. No. 1 (SR 405) and true point of beginning of this centerline description; thence S 9°05' 38" E, 38 feet, more or less, to Point A; thence S 0°44'47" W, parallel to and 20 feet distant from said canon section line 250.52 feet; thence southeasterly to a point which lies. east of and 15 feet distant, when measured perpendicularly from said connon section line and which lies north of and 10 feet distant, when measured perpendicularly, from said south* I Pal pose. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge one or more cl,-ciric transmission and/or distribution lines over and/or under the Right-of-Way together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. Otc-rhead facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines; transformers. b Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or grou,,d mounted facilities such as pads, transformers and switches. Following the initial construction of its facilities, Grantee may from time to time construct such additional lines and utli,•r-facilities as it may require. 2 Access. Grantee shall have the right of access to the.Right-of-Way over and across the Property to enable Grantee to ,'.t,•icise its rights he-reunder, pro•.ide-d, that Grantee shall compensate Grantor for any damage to the Property caused t.y the exercise of said right of access. • 3 Right of Way Clearing and !•t.ii.tenance. Grantee shall have the right to cut and remove or otherwise dispose of any aid all brush and trees presently existing upon the Right-of-Way. Grantee shall also hate the right to control, on a c„rnin.,ing t,.,sis and by any prudent and rea.oatable means, the establishment and growth of trees, brush and other vegeta- tion i.l.„n the Right-cif-Way which could, in the c ir.ion of Grantee, interfere with the exercise of Grantee's rights herein • or ,;,.,te a h::2.e1.d to C..4111:,-u'S fdeililk-s. 4 ()anger Trues. Gr.-,: l -e shall hate the right to cut and reino'.e or otherwise dis,,,,se of any trees located on the Pr. ,ray outside the Right of Way which in falling could, in Grantee's reasonable judgment, to a hazard to Grantee's facilities Provid,d, howeter, that Grantee, prior to exercising such right, shall identify such danger trees and give prior wrincn notification to Grantor and shall make payment to Grantor for the market talue of any merchantable timber contain- t,1 '.thich is Cut and reins ed or dit.p os.d of by Grantee. ri.,,,tee's failure to comply with the conditions of this paragraph prior to exercising its rights under emergency cc. iiti..is s:lall nut be deemed a violation of this agree.nent, hut Grantor shall still be entitled to compensation for such trees that are cut and removed or otherwise disposed of by Grantee. 5. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the kir,ht a Way aikf Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written 6 indemnity. By accepting and re-cording this easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein granted, provided, that Grantee shall nut be responsible to Grantor for any damages resulting from Injuries to.any person caused by acts•or omissions of Grantor. *line of the City of Seattle's 200 foot Diablo right of way; thence S 0°44'47" W, paral191 to and 15 feet distant from said cannon section line, t,, the Fast-West centerline of said/tltl]2 17,11e0,:smissi(m Section 20. 010 EXHIBIT "A" That portion of the Northwest 1/4 of Section 20, and the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44 ' 05" East along the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power Ad;ninistrati.on's right•-of-way as contained in instrument under Auditor ' s File No. 3292927 and the true point of beginning; thence North 42°35 ' 54" West along said Northeasterly line 221. 87 feet to the .East line of Talbot Road Extension; thence North 2°39 ' 07" East along said East line 77.94 feet to the Southerly line of P. S. H. No. 1; thence along said Southerly line on a curve to the left with a radius of 2,030. 00 feet, the radial center of which bears North 26°50 ' 55". West; thence along said curve to the left, an arc distance of 183.97 feet to the intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25 ' 15" East 3, 025. 00 feet; thence along the arc of said curve a distance of 42 . 54 feet to a point on said curve that bears North 89°46 '24" East 160. 00 feet when measured radially from the center line of the Benson Road at, Highway Engineer' s Station 36-50; thence South 25°48' 51" East along said right-of-way line 171.45 feet to a point which measured South 86°46 ' 25" West 90 . 00 feet when measured radially from the center line of Benson Road at Highway Engineer ' s Station 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2,955. 00 feet an arc distance of 169 . 49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23 ' 49" West 68. 31 feet along said North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42°35 ' 54 " West along said Northeasterly line 50. 61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a point on the Southwesterly line of beforementioned Bonneville Power Administration 's right of way, which point is North 0°44 ' 05" East 423. 19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35 ' 54" West along said Southwesterly line 139 .29 feet to the true point of beginning; thence continuing North 42°35 ' 54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88°36 ' 39" East 2, 795 .00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle '.s 200 foot Diablo right-of-way, as contained in( instrument recorded under Auditor ' s File No. 356049'6; thence North 87°23',49 " East along said North line 60 . 79 feet to the true point of beginning . • • f ':'.ias* -..f..y r v. ��•'"li•'.J"G';Sl:'r.:a " REAL ESTATE CONTRACT For Unimproved Real Estate THIS CONTRACT, made this day of' , 1980 , between PUGZ.T SOUND POWER & LIGHT COMPANY, a Washington corporation, hereinafter called the "Seller" and • RENTON VILLAGE VETERINARY SUPPLY COMPANY, a partnership hereinafter called the' "Purchaser," . WT'i'NESSETH: he Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase from' the Seller the' following described real estate, situate in . King County , State of Washington: • • • SEE EXHIBIT "A" • • EXCEPT: - Easements, restrictions, reservations and covenants. • Seller agrees to subordinate this contract to one and only one subsequent loan made on this property in favor of the above-noted Purchaser. • The terms and conditions of this contract are as follows: The purchase price is Seventy Thousand and NO/100 ($ 70,000.00) Dollars, of which Fourteen Thousand and NO/100 ($14,000.00=4 Dollars have been paid, the receipt whereof is hereby acknowledged. The Purchaser covenants and agrees to pay the balance of said purchase price, together with interest on the diminishing balance thereof at 'the rate of ten percent ( 1.0 %) per annum from the date of closing. . as follows: Seven Thousand Two Hundred Twenty-One & 35/100 ($ 7, 221.35) Dollars or more at Purchaser's option, on or before one year from the date of closing , and Seven Thousand Two Hundred Twenty-One and 35/100--- ($ 7, 221. 35 -.) or more at Purchaser's option on or before the anniversary date of closini each succeeding year until the balance of said purchase price and interest accruing on the diminishing balance thereof shall have been paid in full.* The interest accruing on said diminishing balance shall be deducted from each such payment made and the balance of each such payment shall be applied in reduction of principal . Said payments shall be made to : • Puget Sound Power & Light Company Real Estate Division P. O. Box 868 • (� Bellevue , Washington 98009 As referred to in this contract , "date of closing" shall be 11 November 198C The Purchaser shall be entitled to possession of said real estate on date of closing and to retain possession so long as Purchaser is not in \4,) default hereunder. The Purchaser hereby covenants and agrees not to permit waste and not to use , or permit the use of , said real estate for a:,y illcy.31 purpose. The Purchaser hereby covenants and agrees to pay all service, • installation or construction charges for water, sewer, electricity, garbage or other Utility services furnished to said real estate after the date Purchaser is entitled to possession. The subject real estate has been carefully inspected by the Purchaser, and no agree- r._ats or representations pertaining thereto, or to this transaction, have been -:ade, save such as are stated herein. - The Purchaser hereby covenants and agrees to pay before delinquency all taxes and assess�ents assumed by him, if any, and any which may hereafter become a lien on said r•_al estate. If the Purchaser shall fail to pay before delinquency any such taxes or a.ses:,-•:,nt, the Seller may pay them and the amounts so paid shall then he payable by the Purchaser to the Seller together with interest at the rate of ten percent per annua until paid without prejudice to any other right of the Seller. *Notwithstanding the payment provisions herein, the Real Estate Contract shall provide that the entire principal balance is to be paid to Seller at the end of ten (10) years subsequent to the closing date. 1 public use., and agrees that any such taking `hall net co:I tut_e a failure of con- e sie'erat.ion, but all monies received by the S2l1er by rc•:,• the-reof ..% .ill L_- :.plied as •a payment on account of the purchase Price, less any .• which the Seller ra_ br / rr_:•aired to expend in procuring such monies. I•f Seller's title to said real estate is subject to an er.i•:tiny contract under which Seller is purchasing said real estate, or any mortgage or other obligation which Seller is to pay, Seller agrees to make such payments in accordance with the terms thereof, and upon default, the Purchaser shall have the right to make any such payments necessary-to remove the default, and any payments so made shall he applied . to the payments next falling due the Seller under this contract. The Seller agrees, upon full compliance by the Purchaser with his agreements herein, to execute and deliver to the Purchaser a Quit Claim Deed to said real estate, excepting any part which nay have been condemned, free of encuz:brances except those above mentioned, and any that may accrue hereafter through any :erson other than Seller. The Seller has delivered, or agrees to deliver within 30 days of the date of closing, a Purchaser's Policy of Title Insurance in standard form, or a cor:mitment therefor, issued by Safeco Title Insurance Company insuring the Purchaser to the full amount of said purchase price against loss or der.age by reason of defect in Seller's title to said real estate as of the date of closing and contain - ing no exceptions other than the following: • a. Printed general exceptions appearing in said policy form; ' b. Liens, encumbrances, or exceptions as noted above which by the terms of this contract the Purchaser agrees to assume, or as to which the convey- ance hereunder is to be made subject; and • c. Any existing contract or contracts under which Seller is purchasing said real estate, and any mortgage or other obligation, which Seller by this contract agrees to pay, none of which for the purpose of this paragraph shall be deemed defects in Seller's title. Time is of the essence hereof, and in the event the Purchasers shall fail to comply with or perform any condition or agreement hereof promptly at the time and in the manner herein required, the Seller may elect to declare all of the Purchaser's rights hereunder terminated. Upon the termination of the Purchaser 's rights, all • • • payments may hereunder, and all improvements placed upon the real estate shall be forfeited to the Seller as . liquated damages, and the Seller shall have the right to reenter and take possession of said real estate; and no waiver by the Seller of any default on the part of Purchaser shall be construed as a waiver of any sub- sequent default. Upon Seller' s election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the Purchaser agrees to pay a reasonable sum as attorney ' fees and all costs and expenses in connection with such suit, which sums shall be included in any judgment or decree entered in such ' suit. If the Seller shall bring suit to procure an adjudication Of the termination of the Purchaser's rights hereunder, and judgment is so entered, the Purchaser agrees to pay a reasonable sum as attorney 's fees and all costs and expenses in connection with such . suit, and also the reasonable cost of searching records to deter.i,iinc the condition of title at the date such suit is commenced, which sums shall be included in any judgment or decree in such suit. Purchaser agrees to pay Seller all reasonable sums expended for collection of any overdue payment hereunder, including attorney 's fees if suit is instituted or not . Service upon Purchaser of all demands, notices or other papers with respect to forfeiture and termination of Purchaser's rights hay he made by United Statesf-il, postage pre-paid, return receipt requested, directed to the Purchaser at his t::'.:lre..s last known to the Seller. In Witness Whereof the parties have signed and sealed this contract the day and year first above written. ' F a t0 r ILI 'GE V ERIN'•.RY SU PLY CO. , a F:I.L':R • BY' - ` PEJGET S0UND PO::}:R & LIGHT COMPANY PHILLIP . ERW N - • IIy-C,v "� iw Cc/ �Gt -- — - - HY :,. ,/`/ t72, / ,`' FRANK J. FA' , ,,: JR. i),I» Z REAL ESTATE • tXulliIT "A" 41011 410 That portion of the Northwest 1/4 of Section 20, and. the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44 ' 05" East along •the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power Administration's right-of-way as contained in instrument under Auditor's File No. 3292927 and the true point of beginning; thence North 42°35 ' 54" West along said Northeasterly line 221. 87 feet to the East line of Talbot Road Extension; thence North 2°39 ' 07" East along said East line 77.94 feet to the Southerly line of P. S. H. No. 1; thence along said Southerly line on a curve to the left with a radius of 2,030.00 feet, the radial center of which bears North 26°50' 55" West; thence along said curve to the left, an arc distance of 183.97 feet to the' intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25'15" East 3,025.00 feet; thence along the arc or said curve a distance of 42.54 feet to a point on said curve that bears North 89°46 '24" East 160.00 feet when measured radially from the center line 'of 'the Benson Road at Highway Engineer's Station 36-50; thence South 25°48' 51" East along said right-of-way line 171.45 feet to a point which measured South 86°46 '25" West 90.00 feet when measured radially from the center line of Benson Road at Highway Engineer's Station 38-00;. thence continuing along said right-of-way line on a curve to the left with a radius of 2,955.00 feet an arc distance of 169.49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23449" West 68. 31 feet along said- North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42°35 ' 54" West along said Northeasterly line 50. 61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a pointion the Southwesterly line of beforementioned Bonneville Power Administration's right of way, which point is. North 0°44 ' 05" East 423.19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35'54" West along said Southwesterly line 139.29 feet to the true point of beginning; thence continuing North 42°35 '54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88°36 ' 39" East 2, 795.00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle 's 200 foot Diablo right-of-way, as contained in instrument recorded under Auditor's File No. 3560496; thence North 87°23' 49" East along said North line 60 .79 feet to the true point of beginning. .....',:i ...?'4.... . • . (n__ SIDEWALK "i cji Is-•;. I 4(f..• 12 i .''• . . . 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A � - W w USE PERMITAREA _ - ___--_- --------- 27 ,, t 2 a 20-23-A� 711 CITY OF SEATTLE 200'DIABLO R/W CI1 1 Mil 6 I c� � _44.1 EASEMENT .-___ —1 tj3.8o , .1 m I rzo to �� :�^ I 1__- \ OT —i ` I' � � , ' S I o ' ) / °� il.1E111 o, w 1 0E - - 4Z - �— "' I I a I Sit\l:il. in //q�� 8 ' ' l�1 y. I �IUN LUIIC,I " I '.'i1 () _S 7 • ,o N` I Right- -1 ay E ctric Transmi sio•ri-, . • ' 4 '�� r' _>'s.,t I , , i .I✓ (.� :�,---4 7 N c ad Ri h t .f�aa y\ iniu �7 I I I.',. E41 \ 1 1 1 Tar —T10+ 3,r O7 ; YS n,+, I no ; 9 1 - i E/ • - ^ ,� I 1 7 I. 1 11' 0 l [ : Li ! I �� ' • CITY OF RENTON • RP7O!IE APPLICATION FOR OFFICE USE ONLY • - • LAND USE HEARING APPLICATION NO. /37-ZO EXAMINER 'S ACTION APPLICATION FEE $ APPEAL FILED • RECEIPT NO . CITY COUNCIL ACTION FILING DATE ORDINANCE NO. AND' DATE HEARING DATE • APPLICANT TO COMPLETE ITEMSA1 THROUGH 10 : Dom, P s ?a .(6g'i/ 1 . Name RENTON VILLAGE VETERINARY SUPPLY COMPANY Phone 226 3360 Address 905 Talbot Road South Renton. Washington 98055 3. Property petitioned for' rezoning is located on Talbot Road South SR 515 between_ SR 405 and and Puget Drive South 4 . Square footage or acreage of property Approximately 37 , 700 square feet • 5 . Legal description of property (if more space is required, attach a separate sheet) • See Attached Legal Description under Limited Use Permit 20-23-05-0711 Puget Sound Power and Light 6 . Existing Zoning GS-1 and R-4 Zoning Requested B-1 NOTE TO APPLICANT: The following factors are considered in reclassifying property. Evidence or additional information to substantiate your request may be attached to this sheet. (See Application Procedure Sheet for specific requirements . ) Submit this form' in duplicate. • 7. Proposed use of site Additional Parking for B-1 Business District Zone and Landscaping 8. 'List the measures to be taken to reduce impact on the surrounding area. Traffic patterns shall enter and exit into SR 515 Talbot Road South with with 5th Lane for two-way left turns into the site reducing_ the congestion into adjoining neighborhoods of Multifamily and residential . 9 . How soon after the rezone is granted do you intend to develop the site? Site Development should begin within 30 days after rezone is approved and completed with completion of the construction on or before June 1981 10 . Two copies of plot plan and affidavit of ownership are required. Planning Dept. 1-77 EXHIBIT "A" • .. • That portion of theiNorthwest 1/4 of Section 20, and the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44' 05" East along •the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power Administration's right-of-way as contained in instrument under Auditor's File No. 3292927 and the true point of beginning; thence North 42°35'54" West along said Northeasterly line 221. 87 feet to the East line of Talbot Road Extension; thence North 2°39 '07" East along said East line 77.94 feet to the Southerly line of F. S. H. No. 1; thence along said Southerly line • on a curve to the left with a radius of 2,030.00 feet, the radial center of which bears North 26°50' 55" West; thence along said curve to the left, an arc distance of 183.97 feet to the intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve ' bears South 89°25'15" East 3,025.00 feet; thence along the arc or said curve a distance of42 .54 feet to a point on said curve that bears North 89°46 '24" East 160.00 feet when measured 'radially from the center line 'of •the Benson Road at Highway Engineer's Station 36-50; thence South 25°48' 51" East along said right-of-way line 171.45 feet to a point which measured South 86°46 '25" West 90.00 feet when measured radially from the center line of Benson Road at Highway Engineer's Station 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2,955.00 feet an arc distance of 169.49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23 '49" West 68. 31 feet along said-,North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; ' thence North 42°35' 54" West along said Northeasterly line 50. 61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a point on the Southwesterly line of beforementioned Bonneville Power Administration's right of way, which point is North 0°44 '05" East 423.19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35'54" West along said Southwesterly line 139. 29 feet to the true point of beginning; thence continuing North 42°35 '54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88°36 ' 39" East 2, 795.00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle 's 200 foot Diablo right-of-way, as contained in instrument recorded under Auditor's File No. 3560496; 0 thence North 87°23' 49" East along said North line 60 . 79 feet to the true point of beginning. 1. 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Pub 'c ig ts_ ' ' /_ de� - --� - f,� .(t-- - ` I �J I Iris I © r I1 I , 1 I , Q • CITY OF RENTON, WASHINGTON ENVIRONMENTAL CHECKLIST FORM FOR OFFICE USE ONLY Application No. _/- /37 -CF6 Environmental Checklist No. PROPOSED, date: FINAL, date: Declaration of Si.gnifican1ce Declaration of Significance Declaration of Non-Significance Declaration of Non-Significance COMMENTS: Introduction The State Environmental Policy Act of 1971. Chapter 43.21C, RCW, requires all state and local governmental agencies to consider environmental values both for their own actions and when licensing private proposals. The, Act also requires that an EIS be prepared for all major actions significantly affecting the quality of the environment. The purpose of this checklist is to help the agencies involved determine whether or not a proposal is such a major action. Please answer the following questions as completely as you can with the information presently available to you. Where explanations of your answers are required, or where you believe an explanation would be helpful to government decision makers, include your explanation in the space provided, or use additional pages if necessary. You should include references to any reports or studies of which you are aware and which are rele- vant to the answers you provide. Complete answers to these questions now will help all agencies involved with your proposal to undertake the required environmental review with- out unnecessary delay. The following questions apply to your total proposal , not just to the license for which you are currently applying or the proposal for which approval is sought. Your answers should include the impacts which will be caused by your proposal when it is completed, even though completion may not occur until sometime in the future. This will allow all of the agencies which will be involved to complete their environmental review now, with- out duplicating paperwork in the future. NOTE : This is a standard form being used by all state and local agencies in the State of Washington for various types of proposals. Many of the questions may not apply to your proposal . If a question does not apply, just answer it "no" and continue on to the next question. ENVIRONMENTAL CHECKLIST FORM I . BACKGROUND VILLAGE 1. Name of Proponent RENTON/VETERINARY SUPPLY COMPANY 2. Address and phone number of Proponent: 905 Talbot 'Road South Renton, Washington 98055 726 1160 3. Date Checklist submitted December 29 , 1980 4. Agency requiring Checklist Renton, Planning Department 5. Name of proposal , if applicable: Rezone of Power Line right-of-way 6. Nature and brief description of the proposal (including but not limited to its size, general design elements , and other factors that will give an accurate understanding of its scope and nature) : and R-4 • Rezone of Right of way from GS-1/ to B-1 Business District for required parking and landscaping; Area to be used with adjoin- ing B-1 Parcel owned by Renton Veterninary Supply Company, a general partnership for additional parking only. Parking not allowed in GS-1 zone. Rezone would lend favorable with adjoining Business District properties using the rights-of-way for additional:. parking : ie Renton Village, Renton Center, Thunder Hill Apartments and Renton Elks Club -2- 7. Location of proposal (describe the physical setting of the proposal , as well as the extent of the land area affected by any environmental impacts , including any other information needed to give an accurate understanding of the environ- mental setting of the proposal ) : Located Easterly of SR 515 Talbot Road South and Westerly of Benson Road South and South of SR 405 . The porperty adjoining is zoned B-1 and R-4 . The site is approximately 3 feet above grade and slopes upward to . the East and the Benson Road. 8. Estimated date for completion of the proposal : is June 1981 , allowing six (6) months for site preparation and '. construction, 9. List of all permits , licenses or government approvals required for the proposal (federal , state and local --including rezones) : Local Rezone , certificate of non-significance and grading or building permit from the City of Renton. Puget Sound Power & Light Company has issued their Limited Use Permit 20-23-05-0711 10. Do you have any plans for future additions , expansion, or further activity related to or connected with this proposal? If yes , explain: No future plans are intended for expansion of the area under rezone consideration. 11 . Do you know of any plans by others which may affect the property covered by your proposal? If yes , explain: None known at this time 12. Attach any other application form that has been completed regarding the pro- posal ; if none has been completed, but is expected to be filed at some future date, describe the nature of such application form: Application for variance submitted to Renton Building Dept for reduction of required setback from 20 feet to 10 feet and relocation • of the required 5 foot landscaping area to the proposed leased right-of-way along SR 515 . II . ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required) ( 1) Earth. Will the proposal result in: (a) Unstable earth conditions or in changes in geologic substructures? X YES TATFE NO (b) Disruptions , displacements , compaction or over- covering of the soil ? XX YES MAYBE NO (c) Change in topography or ground surface relief X features? Yt MAYBE NF (d) The destruction, covering or modification of any XX unique geologic or physical features? 1 - MAYBE WU— (e) Any increase in wind or water erosion of soils , either on or off the site? XX Y S MAYBE NO (f) • Changes in deposition' or erosion• of'beach. sands ; 'or ' I- changes• in siltation, deposition or. erosion which ' may modify the channel of-a river'or stream or the bed of ,the ocean or any bay, inlet. or, lake?. XX I , .. YES—'' 'MAYBE ' ..— Explanation: In grading and proeparation of the site for construction substantial material may be relocated for positive drainage and landscape use. Site grades will conform to surrounding topographical uses and designs for retention and detention of onsite drainage, landscaping and ground cover . -3- (2) Air. Will the proposal result in: (a) Air emissions or deterioration of ambient air quality? XX VES MAYBE NO (b) The creation of objectionable odors? XX YET- MAYBE Fi • b— (c) Alteration of air movement, moisture or temperature, or any change in climate, either locally or • regionally? XX YES MAYBE NO Explanation: During the Course of construction and parking area surfacing with hot asphaltic concrete heated to working requirements temporary petroleum odors may appear . (3) Water. Will the proposal result in: (a) Changes in currents , or the course of direction of water movements , in either marine or fresh waters? XX YES MAYBE NO (b) Changes in absorption rates , drainage patterns , or the rate and amount of surface water runoff? XX YES MAYBE (c) Alterations to the course or flow of flood waters? YES MAYBE NO (d) Change in the amount of surface water in any water body? la YES MAYBE NO (e) . Discharge into surface waters , or in any alteration surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? XX • YES MAYBE NO (f) Alteration of the direction or rate of flow of ground waters? X YES MAYBE NO (g) Change in the quantity of ground waters , either through direct additions or withdrawals , or through interception of an aquifer by cuts or excavations? XX- YES MAYBE NO (h) Deterioration in ground water quality, either through direct injection , or through the seepage of leachate, phosphates , detergents , waterborne virus or bacteria , or other substances into the ground waters? PC YET- MAYBE III' (i ) Reduction in the amount of water otherwise available for public water supplies? Vt MAYBE EC Explanation: Drainage patterns now existing within the site shall be relocated to flow into existing culvert and all other drainage shall be contained onsite with normal flow metered in retention and detention system. (4) Flora. Will the proposal result in: (a) Change in the diversity of species , or numbers of any species of flora (including trees , shrubs , grass , crops , microflora and aquatic plants)? X VET- WEE E NT (b) Reduction of the numbers of any unique, rare or endangered species of flora? X YET- MAYBE NO (c) Introduction of new species of flora into an area, or in a barrier to the ;normal replenishment of existing species? YES MAYBE NO (d) Reduction in acreage of any agricultural crop? X— VES MAYBE NO Explanation: Areas designated for landscaping_ shall contain species of flora common to the surrounding area and environmentally aesthetic New trees of the evergreen and deciduous variety will be maintained along with ground cover and grasses . • -4- (5) Fauna. Will the proposal result in: . (a) Changes, in the diversity of species , or numbers of any species of fauna (birds , land animals including reptiles , fish and shellfish, benthic organisms , insects or microfauna)? XX S MAYBE NT (b) Reduction of the numbers of any unique, rare or endangered species of fauna? XX YES MAYBE NO (c) Introduction of new species of fauna into an area , or result in a barrier to the migration or movement of fauna? XX YES UM! N0 (d) Deterioration to existing fish or wildlife habitat? XX YES MAYBE NO Explanation: No change is anticipated with this type improvement (6) Noise. Will the proposal increase existing noise levels? X YES MAYBE N0- Explanation: Construction Noise levels only will be moderate for the short duration buldozing, grading and installation of Asphaltic concrete surfacing_ for parking. (7) Light and Glare. Will the proposal produce new light or glare? ,��� YES MAYBE f� Explanation: Additional lighting may be produced from the installation of security lighting standards within the parking area consistent with the lighting used along .SR 515 Talbot Road South . No additional glare is anticipated. (8) Land Use. Will the proposal result in the alteration of the present or planned land use of an area? XX ICES M YBE NE- Explanation: The G zone portion as to open space shall be retained and the alteration of use with the B-1 zone is parking and land- scaping . A B-1 zone is consistent with surrounding properties with- in the Power Line rights-of-way. (9) Natural Resources. Will the proposal result in : (a) Increase in the rate of use of any natural resources? XX YES MAYBE NO (b) Depletion of any nonrenewable natural resource? 1TES MMAYBE Explanation: Proposed rezone does not anticipate any use of natural energy resources ( 10) Risk of Upset. Does the proposal involve a risk of an explosion or the release of hazardous substances (including, but not limited to, oil , pesticides , chemicals or radiation) in the event of an accident or upset conditions? VT MAYBE NO Explanation: Possible accidents during the period of Construction Only and None anticiapated at any other time subsequent in use . (11) Population. Will the proposal alter the location, distri- bution, density, or growth rate of the human population of an area? YES MAYBE iF Explanation: There is no anticipated change • • -5- (12) Housing. Will the proposal affect existing housing, or' create a demand for additional housing? XX YES MAYBE NO Explanation: None anticipated • (13) Transportation/Circulation. Will the proposal result in: (a) Generation of additional vehicular movement? v • YES MAYBE NO (b) Effects on existing parking facilities, or demand for new parking? XX YES MAYBE NO (c) Impact upon existing transportation systems? Yam— XX — (d) Alterations to present patterns of circulation or movement of people and/o'r goods? XX YES MAYBE NO (e) Alterations to waterborne, rail or air traffic? XX- ! MAYBE NO (f) Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? XXX YES MAYBE NU-- Explanation: Rezone area to be used for parking will cause additional vehicular movement through the site and in and out of SR 515 Talbot Road South. Good vehicular sight distance at the site should not cause any hazards to SR 515 traffic or pedestrians and bicycle . firaffic in the immediate 'area is ne gible . ( 14) Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas : (a) Fire protection? X YES RTYTE NO (b) Police protection? YES AM YBE NO (c) Schools? XX YES MAYBE NO (d) Parks or other recreational facilities? YES FiTTNT NO (e) Maintenance of public facilities , . including roads? XX YES MAYBE NO (f) Other governmental services? � YES MAYBE NO Explanation: Additional Traffic impacts generated by the change in use to allow parking of vehicles for adjoinitg Business Zone should not be detrimental to roadway maintenance because of the low traffic flow from professional building during normal' business hours . ( 15) Energy. Will the proposal result in: (a) Use of substantial amounts of fuel or energy? XX YES FAYNE NU (b) Demand upon existing sources of energy, or require the development of new sources of energy? XX YET— MAYBE Explanation: Use may require safety lighting of the parking hours during non-business times and at night time. ( 16) Utilities. Will the proposal result in a need for new systems , or alterations to the following utilities: (a) Power or natural gas? XX YES NO (b) Communications systems? XX YES MAYBE NO (c) Water? XX. YES MAYBE NO • • • -6- • (d) Sewer or septic tanks? X • YES FiTq NO (e) Storm water drainage? --X_ . YES MAYBE NE (f) Solid waste and disposal? X YES MAYBE NO Explanation: Business use will require utilization of existing facilities with no major change requirements : Positive retention and control of drainage . All utilities are within the comprehensive -plan and have capacities to serve—the ber o-f usera ( 17) Human Health. Will the proposal result in the creation of any health hazard or potential health hazard (excluding X mental health)? TES— MAYBE NO Explanation: Proposed Veterinary Clinic and Proposed Professional Office spaces will not create. any adverse noxious or Health hazards for use in the B-1 Business District Zone for Parking area use ( 18) Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public , or will the proposal result in the creation of an aesthetically offensive site open to public view? YES MAYBE NO Explanation: a positive influence on the aesthetics in the Business commun:ify and-surrounrtc ing mu tifamily zone uses by removing-un- sleGdre.ble debris and »rrlergrnwth of a vacant and undeveloped site. Site nowgathersundesireable litter from the volume of users of the public rights-of-way of Benson Road, SR 515 (Talbot Road)and SR 405 ——-- - ( 19) Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? X YES MAYBE NO Explanation: May result in additional use by users of the professional Office buildings , to be adults only None anticipated at this time (20) Archeological/Historical. Will the proposal result in an alteration of a significant archeological or historical site, structure , object or building? X YES MAYBE NO Explanation : None known at this time III . SIGNATURE 1 , the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any decla- ration of non-significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my part. VILLAGES1-2,//u-vv. RENTON/VETERINARY SUPPLY Proponent: I,U Y CO . a General Partnership ('s i gnek Philip F . Irwin, Partner P/1/LI10 f, A/ - (name printed) City of Renton Planning Department 5-76 Form #125 AFFIDAVIT Renton Village Veterinary Supply STATE OF WASHINGTON ) Company, a partnership (Name of Owner) Contract Vendee COUNTY OF KING 905 Talbot Road South (Mailing Address) Renton, Washington 98055 • (City) (State) 226 3360 (Telephone) I , Philip F. Irwin being duly sworn, declare that I am Vendee & the owner of property involved in this application and that the foregoing state- ments and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my knowledge and belief. • r/i,L47 (Si gnature'' of Owner)Philip F . Irwin Partn:4100, SUBSCRIBED AND SWORN TO before me this 29th day o Aeut ,,. - , 19 51 /; ! , No ar ubi in an' for the State of Washington , residing at Kent . (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 con- form to the rules and regulations of the Renton Building Department governing the filing of such application. • Date received: 19 By Renton Building Department Revised January 1970 JUSTIFICATION FOR REZONE This 29th day of December , 1980, RENTON VILLAGE VETERINARY SUPPLY COMPANY, a General 'Partnership, located at 905 Talbot Road South, Renton, Washington 98055, most respectfully request your perusal of the following information in Justification for the Rezone. Application. . 1 . The site is located within the Corporate Limits of the City of. Renton and within the Puget Sound Power and Light Transmission Line Rights-of-Way. Limited Use Permit No. 20-23-05-0711 was granted to the Vendee owner. 2 . The Site is located wi.thin a B-1 zone and portion adjoins the B-1 Zone . 3 . The rezone to B-1 for additional parking and landscaping shall continue to preserve the open space nature of the transmission rights-of-way. Rezone shall change a .vacant site subject to litter from public streets and uncontrolled overgrowth of vegetation. Properties located within the Renton Vicinity utilize the Power . . line rights-of-way. for parking in the following areas : 1. Renton Village shopping center 2 . Renton Center shopping center . 3 . Thunder Hill and Renton Elks Club parking areas . The Rezone of the requested Power Line Rights-of-Way would not reasonable restrict traffic flow or create a serious traffic impact upon the local area. The Site is bounded by SR 405 on the North, Benson Road South ' on the East, and Talbot Road South, SR 515 , on the West . Your attention and requested Approval is invited to the continued planned and organized development of the City of Renton Business Community. RENTON VILLAGE VETERINARY SUPPLY COMPANY. —LEv. n- i Ev.Twwis' GEMI TAi EiEC III Y* TOt4 AMOUNT gyp I,IEC-- ' NATIt• MITE i .ar r • .w,c. ♦A„„ I arm•NSt ,EGY EESCMnOM E• a1 TcoE IIa►�S * 1t + OAF - BEING 40 FT ON iACH SIDE OF A CA CROSSING SO STRIP OF LAND - SD :/L BEING 1 i 1 'PROJECTION S OF C/L OF 87TH AVE f6 (AKA LIND AVE SW) LESS ! iREG AT MXN Or N MGM OF f , SW GRAPY WRY WITH W MGM OF LINO AVE SW TN SILT AL 6 N MGNN OF SW GRAOY WAY 39S FT TM NLY UT R/A TO SUI GRADY WAY TO S LN OF ABANDONED BM RR I R/W 60 FT M/L TN NELY AL6 S LM • OF IN OR R/4 TO W 116M OF LINO AVE SW TH SLY AL6 SOW 11G11 TO POB - TCO 17-1258 192305-9022-02 19-23-06 9022 14. 437 T 21101. 1171 , 361,1 1 37091 BURL INGTON NORT1 LIN INC 1279 ABANDONED 120 FT t/W OVER I NW 1A LESS POR LY ILY OF 810 3RD AVE TX OPT 208 CTRL W IN OF LINO AVE SW EXTNO 1 SEACTLE WA 98104 SLY LESS POR THOF LY STUN E IN OF LIND AVE SW EXT1( SLY I U IN OF RAINIER AVE LESS ST 192305-902'r-00 19-23-0S 9024 14. 437 0 T 211, 14 619E7 619? CPSTAGNO BROS INC 10477 N 120 FT OF W 200 FT OF E 6 T 211, 1 , , , 423 S 7TH ST 868. 10 FT OF NE 1 A OF NE 1/14 1, , , kn.. , 4 271 13569 RENTON WA 98053 LESS P0R FOR ST 192305-902S-09 19-23-05 9025 14. 437 T 211, 1 •, , CASTAGNO BIOS INC BEG 77S. 23 fT M i 30 FT S OF NE 244. 1, S6153 S61 423 7TH AVE COR OF NE 1 A OF NE 1A TM M RENTON WA 98055 238 FT TH S 435. 66 FT M/L TO NLY 11614 OF N P R/W TN HE L Y TO PT 30 FT S OF M IN OF SUBO TN W 276. 4 FT M/L TO SIG LESS N 90 FT OF E 200 FT OF 14 346. 13 FT THOF LESS TALBOT RO EX 192305-9026-08 19-23-05 9026 n 21 , 201 , , PUGET SOUND POWER I LIGHT CO N 190 FT Of SE 1A OF ME 1A LES W 402. 42 FT LESS E 2S0 FT & POI OF E 250 FT OF SO SURD LY N.Y OF SLY LN OF PRIM ST HUY 8 1 FORS • OF E 260 FT SO SURO LY WITHIN IPA R/U ESMTS LESS ST NWY LESS BURNETT ST EXT LESS JOHI LAN6ST R0 LESS 100 AVE SE TCO 17-827 19230E-9027-07 19-23-05 9027 14. 437 T 211, 15 „ 1 306 CASHIERS DEPT W RENTON C0679 POI OF NM to OF NE 1A LY NILY 1 .•, 61 3 511411 1414 4TH AVE OF STATE HIIIRY LESS CO IDS LESS SEATTLE WA 98101 STATE HWY 19230E-9029-05 19-23-05 9029 - 14. 437 T 211, 10501400 1 3011 • MISSION SUPPLY CO E 970 FT OF POI OF 6L 1 LY MLY 1i63300 310S9M9 31l893 1845 SE 3110 RVE OF NP R/U LESS N 300 FT LESS ST , PORTLAND 001 97214 RD 8 S-C LESS BEG ME COI 6L TN S 1-23-49 M 874. 2 FT M/L TO MLY LN MP R/M TN S 77-24-49 M ALS SO R/U LN 61. 53 FT TO M NON RAINIER — — -- — 1S TPOB 9 COT6 S 7T-24--24! 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T19106A1IERICA DELEOPMENT CO SURD TM S AL6 E LN 317. 79 FT TO S- 1111 S GRAND AYE LN RPA R/M TN S B9-10-20 u AIG • • maniac fa, CA 91766 S LN i/it 527 26 FT TO SELY IN SD ' i IlL .+ . •AA.,. ♦ taw a %•et♦anon*Si LIOK Y . 1{I LOOT t♦m ii wet taxqIC owe , TO'JY 7 *moues,P 'T .0 T• oaat t "- 4- __T_.----- - ---+ImusgT rig, TM S 88-SO-40 L 335 FT TNM21-$0-1• MK . 21i j F T T1A 1•-% E 0 w refit I , CSEt St*Tt%E lA 5/ TN SLY i • lRliKWYAINTOALN ►use/ i 1 I !ORIK S TN MLY TO TPOO I i 20:305-11tt-0: 20-M11 2.2-05 11119 1�1.�127 RO!T 2110. 1 � u r 1EST WEST CORPORai l0� C0979 Ott 1/2 OF SM 1I% 6 AT NM CORIRO ( 1!00 S PUOE T OR $200 SO SUDO TN S 2-06-20 M %911.9M FT I RENTON ma 90066 TO SLY LW OF MKT SOUND ► t L'S 120 FT S/M TN M 7%-32-17 E M.S3 FT TM ON ELY LN OF PUOET I DRIVE KI* TPOO 114 S 16-20-140 E ALT SD LM 1100.%2 FT TA N 72-13-01% t TAP ON MLY LN OF • SEASON OO TM MELY.AL6 SO RD TO ►T ON SLY AWN OF PUKT SOUND POLLT COtOMS a TMS1ILYAlbSO ( I 202306-0120-00 202306 .9t20 1%.%37 T 211, 174 251 25120 C1TSUST OEKLOPNENTS CORE 0671 POP SW 1/% OF SiU tm PLY OF ►O SOt 11151 ROYRL CENTRE SEASON RD t SLY OF ►UKT OR t EL WINCOUIER $ C 116E 356 OF Lei Kw11Nr N 21-20-I0 M FR PT If OM S LM 179.27 FT M FR M !ON KNSOM RO 202306-9122-08 202306 1122 1%.%37 T 211. 10$00 251$ 5159 INTRUST DEVELOPMENTS CORP 0675 POI SW 1JA OF SM 1n POMP ON S L PO SOS' 111;1 ROYAL CENTRE SUOD 70. 26 FT t FR Su COR TA N vIINCOifKR O C 116E 356 O2-06-20 S y s7 VT TH I. t7-al-'Si !! FT TN S i Z1-20M• � K FT TO S LA SEC I 17T.i7 M t Ki6011 R0 111 N AI,#: tO MR IT 1 POP PLOTT'EO 0stif AMIOS-goss-07 MOSS 'K!3 1+1.i137 T 211 5 S71T5 AEMTON ELKS LOONS $1 O09 C0175/POT Iti O IL? IISN OF KASCM RD 1600 EAGLE R06 OR AT PT 11 M--114-011 E 329.39 FT t 'LATON 141 IS066 11 S7-23-18 E IN.K FT Ft SM coo OF IS 1/11 TN tN V-23-.49 L 600. 22 Ft T11 111 02-K-11 M 100 FT TNN $ 117-23-419 w 612. 72 FT i TO ELY NSN !D TO SLY OILS MON 1 RTILEtO#° Sib SLOW TO 1 2OZ3�K2o-o6 -Ki KK 111.637 00 T 21 t • I R>tN tt OIL CORPORATION FOR10-23 M will SM 1!6 Ki AT NI Sam 1311M61 131451 5s 2 Snell" ST COR SD SOIO TA S Z-01-30 to LOL solaEs cm NO06� % MN.!R FT TO 31fritive1. i s Y Lull tau ! N OF nut tot 1 I0- S RiI I Ali >K 10M7.O2 ft TNS M • IN SO- t tiOO FT OW Ou 1'!i S . 41- SSOLTPSI um 1t 0 1K!Vt • _ _ t i O [ [, t GAL i it ii_�_h Q it _M I X T _ R P G E , .4. . _ . ti ,a. .aaba .Wf • . •ti 4. .• •v.. ,• .. 1-22 23 14 &_ :1501 4 . L.— c- GFEGOP I S BP04- 11, f cm.:, P^_c_,a PENTON : IEW ADO 223 c 19'H SI SUBJ TO EST B•ONNEv.LLE PWP IN PEN*GN WA 980ES :.31b0-0470-04 26-27-28 3 14 437 80 7 215% 400 .77 57T CaPEGOPIS BPUNO I. [Pm' 00579 RENTON uiEW ADC 223 S 19IH ST SUBJ TD ESMT BONNEVILLE POWER LN RENTON WP 98055 723160-0485-07 29 THOU 32 3 SC x .21501 433' STATE OF AN 5 16 6 RENTON VIEW A0. 'SUBJ TO ISN'T BONNEVILLE POWER IN ' 'LESS ST HAY 1 723160-050N-04 1-2 v 14. 437 10IT '2150. 4900i BULGAPELL' PAUL RENTON VIEW ADD i 5 I 14 00 28008, 280Q8. 1314 SMITHERS AvE S POR BEG AT PT ON NLY IN OF TRAN I ! i RENTON WA 980.5'LH R/W 127. 3 FT SELY JP W IN OF 1 1 • •BLK TN N 00 DEG 07 NIN 00 SEC E ! j i ,74FT TH N 89 DEG 17 MIN 00 SEC E i :94. 17FT TNS00 DEG 07t11N '00 SEC W 69. 29 FT fl/L TO NLY IN iOF TRAN IN R/W TN S 86 DEG 24 MIN i 100 SEC W ALG R/W TO BEG i i 723160-0505-03 11-2 4 14. 437 �OjT 215 6700 SULGARELLI DONENICA R04771RENTON VIEW POD I • 27300' 49086i 49086 1306 SIIITHERS AJE S !POO NLY OF BONNEVILLE TRANS R/a 1 RENTON WA 9805511 NLY OF A IN BRG S 86-24-00 W I j I i . '.FR PT ON E LN 158 8 FT S OF NE N R S0 r RW 12S BAAP 3 T SELY ONFLY ' ► ! SWLY COR THOF TH K 74 FT TH E .154. 17 FT flit. TO WLY Km TALBOT 1RD TH S ALG SO WY tIGN TO ;ABOVE DESC IN TH SLILY ALG SD ABOVE DESC LN TO P08 i • - {LESS ST HAY 723160-0506-02 j1-2-3 4 BO x 21 9001 CITY OF SEATTLE 6 10 57 RENTON VIEW ADD ' i . TOR SLY OF IN BEG ON E LN OF 8LK • Iv 157. 8 FT S OF NE COO OF SD 8LK !TH S 86 DEG 24 MIN 00 SEC W TO I I • INLY JGN OF BONNEVILLE TRANS R/W ! ( j 1TN WILY RIG SD R/W TO W LN OF 8LK! I , It NLY OF LHBEGONE LNOF SD IBLK S 00 DEG 12 MIN 00 SEC E I i 258 FT TH S 86 DEG 24 tiIN 00 SEC W TO PT ON W LH OF SD BLK WHICH j 1 ISS00 DEG 07PIN00SEC W I I 1i274. 4 FT OF NW COP L POP VAC ST 1 I . IADJ SUBJ TO TORN IN R/W LESS ST MAY 723160-0507-01 11-2 4 14. 437 'T 21501 7001 BULGAREL170 1314WITHERS PAUL AVE S 5-1278 'RENTON VIEW A0ForI 0I 3v65 vb • 35 BEG NXN E NON StI I TNERS ST 1 E RENTON WA 98055j1 S NIGN STANLEY AVE TN S ALG !SO E MGM 96. 07 FT N/I TO NLY { : • i 1 liiCA : C0x11` h1L1J Litt 11E1kI : PAGE - r n r - - a - - :% a . .. u. L - . .'t .. , .. - • ft . •'G•. y, N. Mgt:. \a Nr •n;f.'P!'.‘ 1k CAL (EE�A11•I�M It V1 .q •P: .V• .141W1 RY'. '.i IV /.• • a nGN BONNEVILLE POWER LN ESMT TN SELY ALG SO NLY 1GN 127 3 FT TH N 74 FT TH N 89-17-00 E I ' 94 17 FT TO TPOB TN S 69 29 , FT M/L TO NLY IN BONNEVILLE ! POWER LN ESMT TN ELY ALG SO I j • • NLY LN 57 FT M/L TO W MGN I TALBOT RD TN NLY ALG SD W MGN ' TAP N 89-17-00 E FR TP08 TN S 89-17-00 W 60 FT M/L TO TPOB i • 723160-0515-01 4 0 X 2150. 2700 • CITY OF SEATTLE IRENTON VIEW ADD I Bo( LN • 1 { 100-12-00 E 258 FT TN S 86-24-00 W TO W LN SD BLK I. POR VAC ST • ! • AN LESS POP OF W 70 FT OF LOT 7 SLY OF TRANS LN R/W LESS ST HWY SUBJ TO TRANS R/W e 723160-0535-07 17 4 00 0 2150. 6300 PA! TEL L TEL CO 'RENTON VIEW ADD I I 4800 I • 1200 3RD AVE W 70 FT LESS TRAN IN R/W 723160-0542-08 I1 THRU 5 5 14. 437 fr0 T 215 85800 123869 1238691 I RENTON VILLAGE CO !RENTON VIEW ADD 830 LOGAN BLDG '1-2-3 l POR OF 4 L 5 SWIY OF SEATTLE WA 98101 HELY IN OF COVINGTON-RENTON TRAN LN R/W LESS I-OR Of 3 LY HELY OF • HELY LN OF TRAN IN R/W l S OF N • 146 FT LESS ST HWY SUBJ TO ESIlT IRAN LN R/W • • 723160-0554-03 3-4-5-6 5 14. 437 0 T 215 677 • RENTON VILLAGE COMPANY RENTON VIEW AOO 2532 ' 134302 1343021 830 LOGAN BLDG IPOR HELY OF COVINGTON RENTON SEATTLE WA 98101 SEATTLE TRAN IN R/W LESS N 146 FT . • ('F SD LOT 3 LESS ST HWY 723160-0570-03 '7 5 14 437 0 T 215 254 3667 3b67 1 i RENTON VILLAGE CO CO280 RENTON VIEW ADD 830 LOGAN BLDG SLBJ TO ESMT BONNEVILLE PWR IN SEATTLE WA 98101 LESS ST HWY ( 723160-0580-01 8 5 14 437 0 T 215 ' 23E00 ' 3436 + 34360! RENTON VILLAGE CO CO280 'RENTON VIEW ADD • 830 LOGAN BLDG ILESS ST HWY SEATTLE WA 98101 ! 723160-0585-06 9-10 5 14. 437 0 T 215 • 35100 ' 6004 I 50674I RENTON VILLAGE CO CO280 RENTON VIEW ADD 630 LOGAN BLDG 9 LESS S 120 FT L ALL OF 10 SUBJ SEATTLE WA 98101 TO ESMT BONNEVILLE POR LN LESS 1ST HWY 722160-0590-09 9 5 00 x 2150I ' 100 • • STATE OF WN 6 7 62 ;RENTON VIEW ADD S 120 FT I + 7 23 1 60-0595-04 I11 l 12 5 i4. v37 0�T 21 238D0! i RENTON VILLAGE CO 'RENTON VIEW ROD I 21000 64678j 6467 830 LOGAN BLDG 'POR Of LOT 11 L W 105 FT OF SEATTLE WA 98101 'iLOT 12 l4' NLY OF PSN I 1 SUBJ 1 , • i 11! i. P R C s L C_0 M I N L! IA n n M i K i l[ T 0 ant t . • • • !' 7 ,and in ion-id,;atnan of 1.11.E' aoct ether valuable consideration, the reE eipt of which is hereby acknowledged, �yr� RENT . .. VII�L GE VETERINARY SUPPLY_COMPANYL a P4rtn -rship,• N ("C rant or" herein), hereby 'grants, conveys and wart ants to PUGET SOUND POWER & LIGHT COMPANY, a Washington ("(,r„tee" herein), for the purposes hereic.tfter set forth, a perpetual easement over, across and under the lc,ll :e,;.b ,i, s riL..i rt_al pr-perty (the "Property" herein) in Ding. Cod nty, Washington: • • See Attached Exhibit "A" Except as 'nay be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right-of-Way" herein) described as follows: • A Right-of-Way __ 82 feet in width ha'.ing 23. 5 _ feet of such width on =it zid oi,4s~=:x -.svci llav ;74 the westerly side and 58.. 5 feet of such width on the easterly side of a centerline described as follows: Court ncing at the quarter corner common to Sections 19 and 20, Township 23 North, Range 5 East, W.M. , thence N 0°44'47" E along the common section line between Sections 19 and 20, 329. 59 feet to the south line of the City of Seattle's 200 foot Diablo right of way as contained in instrument under Auditor's File No. 3560496; thence westerly along said • south line to a point 20 feet distant, when measured perpendicularly, from said carton section line; thence N 0°44'47" E, parallel to and 20 feet distant from said cannon ' section line, 506.70 feet to a point hereinafter referred to as Point A; thence N 9°05' 38" W, 38 feet, more or less, to the southerly line of P.S.H. No. 1 (SR 405) and true point of beginning of this centerline description; thence S 9°05'38" E, 38 feet, more or less, to Point A; thence S 0°44'47" W, parallel to and 20 feet distant from said canton section line 250.52 feet; thence southeasterly to a point which lies east of and 15 feet distant, when measured perpendicularly from said connon section line and which lies north of and 10 feet distant, when measured perpendicularly, from said south* I. Put ruse. Grantee shall have the right to construct, operate, maintain, repair, replace and enlarge one or more e1,..lric transmission and/or distribution lines over and/or under the Right-of-Way together with all necessary or convenient appurtenances thereto, which may include but are not limited to the following: a. 0'E•t•head facilities. Poles and/or towers with crossarms, braces, guys and anchors; electric transmission and distribution lines; communication and signal lines; transformers. b. Underground facilities. Underground conduits, cables, vaults, manholes, switches and transformers; semi-buried or ground mounted facilities such as pads, transformers and switches. Following the initial construction of its facilities, Grantee may from time to time construct such additional lines and other facilities as it may require. 2 Access. Grantee shall have the right of access to the Right-of-Way over and across the Property to enable Grantee to exercise its rights hereunder, provided, that Grantee shall compensate Grantor for any damage to the Property caused t.5 the exer•c•ise of said right of access. • 3 Right of Way Clearing and Ylaiotenance. Grantee shall have the right to cut and remove or otherwise dispose of any and all brush and trees presently existing upon the Right-of-Way. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of trees, brush and other vegeta- tion 1:l ,n the Right-of-Way which could, in the opinion of Grantee, interfere with the exercise of Grantee's rights herein or i s Bate a t,2:,''iI to (;:-.,nave's facilities. 4 Danger Trees. Gr.,ir,ee shall haee the right to cut and re;no'.e or o;l,erwise dispose of any trees located on the Pr, rty outside the Right of Way which in falling could, in Grantee's reasonable judgment, be a hazard to Grantee's facilities Provided, howe%er, that Grantee, prier to exercising such right, shall identify such danger trees and give prior anon n notification to Grantor and shall rna31e payment to Grantor for the market value of any merchantable timber contain- t•i therein '•ehic'h is cut and removed or disposed of by Grantee. lei:,',tu's failure to comply with the conditions of this paragraph prior to exercising its rights under emergency Ec:.iitions shell not be deemed a violation of this agree.;ient, but Grantor shall still be entitled to compensation for such trees that are cut and removed or otherwise disposed of by Grantee. 5. Grantor's Use of Right-of-Way. Grantor reserves the right to use the Right-of-Way for any purpose not inconsistent with the rights herein granted, provided, that Grantor shall not construct or maintain any building or other structure on the Rir,ht uf•Way aid Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written con,ern. 6 Indemnity. By accepting and recording this easement, Grantee agrees to Indemnify and hold harmless Grantor from any and all claims for damages suffered by any person which may be caused by Grantee's exercise of the rights herein grunted, provided, that Grantee shall nut be responsible to Grantor for any damage's resulting from injuries to any person caused by acts or omissions of Grantor, *line of the City of Seattle's 200 foot Diablo right of way; thence S 0°44'47" W, para11 Qi to and 15 feet distant from said canton section line, (o the Fast-West centerline of sal.yeau a "ra.t.vtuas't'N Section 20. • EXHIBIT "A" That portion of the Northwest 1/4 of Section 20, and the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44 ' 05" East along the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power ALlml.nistration' s right-of-way as contained in instrument under Auditor ' s File No. 3292927 and the true point of beginning; thence North 42°35 ' 54" West along said Northeasterly line 221. 87 feet to the .East line of Talbot Road Extension;. thence North 2°39 ' 07" East along said East line 77.94 feet to the Southerly line of .P. S. H. No. 1; thence along said Southerly line on a curve to the left with a radius of 2, 030. 00 feet, the radial center of which bears North 26°50 ' 55" West; thence along said curve to the left, an arc distance of 183.97 feet to the intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25' 15" East 3, 025. 00 feet; thence along the arc of said curve a distance of 42 . 54 feet to a point on said curve that bears North 89°46 '24" East 160. 00 feet when measured radially from the center line of the Benson Road at Highway Engineer' s Station 36-50; thence South 25°48' 51" East along said right-of-way line 171. 45 feet to a point which measured South 86°46 ' 25" West 90.00 feet when measured radially from the center line of Benson Road at Highway Engineer ' s Station 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2,955. 00 feet an arc distance of 169 .49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23 ' 49" West 68. 31 feet along said North line to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42° 35 ' 54" West along said Northeasterly line 50. 61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: Beginning at a point on the Southwesterly line of beforementioned Bonneville Power Administration 's right of way, which point is North 0°44 ' 05" East 423. 19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35 ' 54" West along said Southwesterly line 139 .29 feet to the true point of beginning; thence continuing North 42°35 ' 54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to .the left, the radial center of which bears South 88°36 ' 39" East 2, 795 .00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle 's 200 foot • Diablo right-of-way, as contained in instrument recorded under Auditor ' s File No. 3560496; thence North 87°23' 49 " East along said North line 60 . 79 feet to the true point of beginning . • • [1,4e/ZIL-1 , Alf / REAL ESTATE CONTRACT For Unimproved Real Estate • • [� THIS CONTRACT, made this day of' , 1980 , between -- PuG T SOUND POWER & LIGHT COMPANY, a Washington corporation, hereinafter called O the "Seller" and 1:'r'.NTON VILLAGE VETERINARY SUPPLY COMPANY, a partnership hereinafter called the "Purchaser," N WI'iNESSE`iH: The Seller agrees to sell to the Purchaser, and the Purchaser agrees to purchase from the Seller the following described real estate, situate in King County , State of Washington: Q • SEE EXHIBIT "A" EXCEPT: Easements, restrictions, reservations and covenants. • Seller agrees to subordinate this contract to one and only one subsequent loan made on this property in favor of the above-noted Purchases. • The terms and conditions of this contract are as follows: The purchase price is Seventy Thousand and NO/100 ($70,000.00) Dollars, of which' Fourteen Thousand and NO/100 ($14,000.00=4 Dollars have been paid, the receipt whereof is hereby acknowledged. The Purchaser covenants and agrees to pay the balance of said purchase price, together with interest on the diminishing balance thereof at the rate of ten percent ( 10 %) per annum from the date of closing. as follows: Seven Thousand Two Hundred Twenty-One & 35/100 ($ 7,221.351 Dollars or more at Purchaser's option, on or before one year from the date of closing , and Seven Thousand Two Hundred Twenty-One and 35/100=: ($ 7,221. 35==) or more at Purchaser's option on or before the anniversary date of closin each succeeding year until the balance of said purchase price and interest accruing on the diminishing balance thereof shall have been paid in full.* The interest accruing on said diminishing balance shall be deducted from each such payment made and the balance of each such payment shall be applied in reduction of principal . Said payments shall be made to : Puget Sound Power & Light Company Real Estate Division P. O. Box 868 . Bellevue , Washington 98009 • As referred to in this contract , "date of closing" shall be 11 November 1981 The Purchaser shall be entitled to possession of said real estate on 1 date of closing and to retain possession so long as Purchaser is not in ,1,1 default hereunder. The Purchaser hereby covenants and agrees not to permit waste and not to use , or permit the use of, said real estate for ray illegal purpose. The Purchaser hereby covenants and agrees to pay all service, • installation or construction charges for water, sewer, electricity, garbage or other Utility services furnished to said real estate after the date Purchaser is entitled to possession. The subject real estate has been carefully inspected by the Purchaser, and no agree- rests or representations pertaining thereto, or to this transaction, have been :'.ade, save such as are stated herein. The Purchaser hereby covenants and agrees to pay before delinquency all taxes and assess�e.nts assumed by him, if any, and any which may hereafter become a lien on said real estate. If the Purchaser shall fail to pay before delinquency any such taxes or a:sess-•::nt, the Seller may pay them and the amounts so paid shall then he payable by the Purchaser to the Seller together with interest at the rate of ten percent per annu: until paid without prejudice to any other right of the Seller. *Notwithstanding the payment provisions herein, the Real Estate Contract shall provide that the entire principal balance is to be paid to Seller at the end of ten (10) years subsequent to the closing date. Uu'lic use., and agrees that any such taking 'hall not Co):! tut.e a failure of con- :. '' sideration, but all monies received by the Seller by rea. ' the-reof ,;hall. L2 ;,21 i.ed as •a payment on account of the purchase Price, less any .. : which the Seller ;-.? be rec•lired to expend in procuring such r.-onies. I•f Seller's title to said real estate is subject to an er.is:ting contract under which Seller is purchasing said real estate, or any mortgage or other obligation which Seller is to pay, Seller agrees to make such payments in accordance with the terms there-of, and upon default, the Purchaser shall have the right to rake any such payments necessary to remove the default, and any payments so ride shall he applied . to the payments next falling due the Seller under this contract. • The Seller agrees, upon full compliance by the Purchaser with his agreements herein, to execute and deliver to the Purchaser a Quit Claim Deed to said real estate, excepting any part which may have been condemned, free of encu:brances except those above mentioned, and any that )ray accrue hereafter through any person other than Seller. - Tne Seller has aelivered, or agrees to deliver within 30 days of the date of closing, a Purchaser's Policy of Title Insurance in standard form, or a cm-mitment therefor, issued by Safeco Title Insurance Company insuring the Purchaser to the full amount of said purchase price against loss or der.age by reason of defect in Seller's title to said real estate as of the date of closing end contain ing no exceptions other than the following: • a. Printed general exceptions appearing in said policy form; • b. Liens, encumbrances, or exceptions as noted above which by the terms of this contract the Purchaser agrees to assume, or as to which the convey- ance hereunder is to be made subject; and • c. Any existing contract or contracts under which Seller is purchasing said real estate, and any mortgage or other obligation, which Seller by this contract agrees to pay, none of which for the purpose of this paragraph shall be deemed defects in Seller's title. Time is of the essence hereof, and in the event the Purchasers shall fail to comply with or perform any condition or agreement hereof promptly at the time and in the manner herein required, the Seller may elect to declare all of the Purchaser's rights hereunder terminated. Upon the termination of the Purchaser 's rights, all payments may hereunder, and all improvements placed upon the real estate shall be forfeited to the Seller as liquated damages, and the Seller shall have the right to reenter and take possession of said real estate; and no waiver by the Seller of any default on the part of Purchaser shall be construed as a waiver of any sub- sequent default. Upon Seller' s election to bring suit to enforce any covenant of this contract, including suit to collect any payment required hereunder, the Purchaser agrees to pay a reasonable sum as attorney ' fees and all costs and expenses in connection with such suit, which sums shall be included in any judgment or decree eirtered in such suit. If the Seller shall bring suit to procure an adjudication of the termination of the Purchaser 's rights hereunder, and judgment is so entered, the Purchaser agrees to pay a reasonable sum as attorney 's fees and all costs and expenses in connection with such suit, and also the reasonable cost of searching records to di 'rninc the condition of title at the date such suit is commenced, which sums shall be included in any judgment or decree in such suit . Purchaser agrees to pay Seller all reasonable sums expended for collection of any overdue payment hereunder, including attorney 's fees if suit is instituted or not . Service upon Purchaser of all demands, notices or other papers with respect to forfeiture and termination of Purchaser's rights ray be r-_rcle by United State; l;li 1, postage pre-paid, return receipt rc•du,sted, directed to the Purc-ha s^r at his ::'.:lr•:•_ last known to the Seller. In Witness Whereof the parties have signed and sealed this contract the day and year first above written. PUi'._: ASER SF.I.Lt:R pErt° ILI +GE V ERINRY SUPPLY CO. , a - 11. By. - _ PU;ET SOUND PO::ER.& LIGHT Cox?,ANY PHILLIP- . ERW N FRANK J. EX ' ', JR. D:r'1 1'oR REAL ESTATE EXHIBIT "A" .> . That portion of L. Northwest 1/4 of Section 20, and the Northeast 1/4 of Section 19, Township 23 North, Range 5 East, W.M. described as follows: Beginning at the quarter corner common to Sections 19 and 20; thence North 0°44 ' 05" East along the Section line common thereto 568. 77 feet to a point on the Northeasterly line of Bonneville Power Administration's right-of-way as contained in instrument under Auditor's File No. 3292927 and the true point of beginning; thence North 42°35 '54" West along said Northeasterly line 221. 87 feet to the East line of Talbot Road Extension; thence North 2°39 ' 07" East along said East line 77.94 feet to the Southerly`line of P. S. H. No. 1; thence along said Southerly line on a curve to the left with a radius of 2,030.00 feet, the radial . center of which bears North 26°50' 55" West; thence along said curve to the left, an arc distance of 183.97 feet to the' intersection of a point of a curve to the left on the West right-of-way line of Benson Road, the center of which curve bears South 89°25'15" East 3,025.00 feet; thence along the arc or said curve a distance of 42.54 feet to a point on said curve that bears' North 89°46 '24" East 160.00 feet when measured radially from the center line 'of 'the Benson Road at Highway Engineer's Station 36-50; thence South 25°48' 51" East along said right-of-way line 171.45 feet to a point which measured South 86°46 '25" West 90.00 feet when measured radially from the center line of Benson Road at Highway Engineer's Station • 38-00; thence continuing along said right-of-way line on a curve to the left with a radius of 2,955.00 feet an arc distance of 169.49 feet to a point on the North line of City of Seattle' s Diablo right-of- way; thence South 87°23449" West 68. 31 feet along said--- North line, to the Northeasterly line of the Bonneville Power Administration aforesaid right-of-way; thence North 42°35 ' 54" West along said Northeasterly line 50.61 feet to the true point of beginning, ALSO, that portion of Said Section 19, described as follows: beginning at a point on the Southwesterly line of beforementioned Bonneville Power Administration's right of way, which point is North 0°44 '05" East 423.19 feet when measured along the Section line, from the quarter corner common to said Sections 19 and 20; thence North 42°35'54" West along said Southwesterly line 139.29 feet to the true point of beginning; thence continuing North 42°35 '54" West 88. 50 feet to a point on the East line of Talbot Road Extension, which is a point on a curve to the left, the radial center of which bears South 88°36 ' 39" East 2, 795.00 feet; thence along said curve and East line an arc distance of 67.92 feet to a point on the North line of the City of Seattle 's 200 foot Diablo right-of-way, as contained in instrument recorded under Auditor's File No. 3560496; thence North 87°23' 49" East along said North line 60 . 79 feet to the true point of beginning. LIMITED USE PERMIT NO. 20-23-05-0711 THIS LIMITED USE PERMIT made this day of 198_, by and between PUGET SOUND POWER & LIGHT COMPANY, a .Washington corporation ("Puget" herein) and RENTON VILLAGE VETERINARY SUPPLY COMPANY, a partnership ("Veterinary" herein); In consideration of the covenants and conditions herein: con-. tained, Puget hereby grants permission to Veterinary to use the real property (the "Property" herein) situated in Renton, King County, Washington, as described in Exhibit "A" attached hereto and by this reference made a part hereof. 1. Term. The term of this Permit is eighty-four (84) years beginning as of October 29, 1980. 2 . Use of Property. The occupation and use of. the Property by Veterinary shall be limited to access, uncovered automobile parking and recreational purposes, provided that such use and occupation shall not be exercised in a. manner that would interfere with, impede . or be detrimental in any way to the unrestricted primary use of the Property :by Puget for electrical utility right of way purposes or in any way create risks or hazards to persons or property in light of such primary use, and provided further that Veterinary 's tise shall at all times be expressly subject. to Puget 's right to construct operate, relocate, maintain or •repair existing or future transmission or distribution lines on the 'Property without any cost to Puget arising from any disturbance to. improvements made by Veterinary. ' 3. Structures. No building shall be erected or permitted upon the Property at 'any time and no other structures shall be erected except those normally incident to uncovered parking and/or recreational purposes and in no event shall any such improvement be permitted which would in any way create a risk or hazard with relation to the primary electric utility use to which the Property is devoted. In the construction of any permitted improvements, Veterinary shall comply with all applicable safety and building codes and regulations. 4. Taxes. Veterinary shall be responsible for the full amount of real property taxes assessed on the Property and any improvements made thereon by Veterinary. Veterinary shall, on an annual basis, reimburse Puget for the full amount of any such taxes paid by Puget within 60 days of the notification by Puget as to the amount thereof, but not upon any improvements made thereon by Puget . 5. Insurance. Veterinary shall buy and maintain in full force and effect throughout the term hereof public liability insurance in the policy amounts of $1,000,000/$3,000,000 .and property damage insurance in the policy amount of $50,000. Such policy or policies shall expressly name Puget as an additional insured and shall be non-cancellable- without prior written notice first having been delivered to Puget. • i 7 . 6. AssignmE . Veterinary, or its suc sor, may at any. • time assign or transfer all of its rights hereunder, provided that no partial assignment' or transfer shall be permitted without the • prior written approval of Puget ,' which approval Puget covenants it . shall not withhold unreasonably, taking into consideration' the needs' of Veterinary, or its successor, in connection with an orderly development and sale of the • property. Upon any such assignment or • transfer, Veterinary, or its successor, as the case may be, shall • be relieved of its unaccrued obligations hereunder with respect to • the property so assigned or transferred. 7. Termination for Default . If Veterinary or any of its assignees or successors shall default in• the performance of any covenants or agreements or conditions herein with respect to any ' portion of the Property , and if such default shall continue for a • period of thirty (30) days after receipt by Veterinary or its then successor or assignee with respect to the Property involved of written notice from Puget of said default , Puget may, at the end of • said period, declare • this permit forfeited and said term ended with - respect to the portion of said 'Property ' involved, by giving Veterinary or its said successors or assigns then holding Veterinary 's interest with respect to such portion of the Property involved, written notice of forfeiture. EXECUTED as of the day and year first above written. • RENTON VILLAGE VETERINARY SUPPLY CO. a Partnership By: p,,44.1710 PUGET SOUND POWER & LIGHT COMPANY • BY �2;b9 '. /`f i Director Real.Esta&TC STATE OF WASHINGTON .) ) SS. COUNTY OF KING • On this �w day of ()t+ .i , 198.1_, before me personally appeared WM. K. ARTHUR-, to me known to be. the Director Real Estate of PUGET SOUND POWER. & LIGHT COMPANY, the corporation that executed the foregoing instrument, and acknowledged 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 he- is authorized to execute said instrument . GIVEN under my hand and official seal the day and year last above written. • )(0)( C. dt Notary ublic i 'and for pleitt,ate of • Washington, r i ing at • • • -2- LIMITED USE PERMIT NO. 20- -'a 05-0711 • � ' EXHIBIT A • • LEGAL DESCRIPTION All that portion of the City of Seattle's 200 foot Diablo. right of way as contained in instrument recorded under 'Auditor's File No. 3560496; and all that portion of the Bonneville Power Administration's '100 foot •right .of way as contained in• instrument recorded under Auditor's File No. 3292927; all in Sections ,19 .and 20, Township 23 North, Range 5 East, W.M. , described as follows: BEGINNING at the quarter corner common to said Sections 19 and 20; thence North 0°44 '05" East along the common section line 454.85 feet to the TRUE POINT OF BEGINNING; thence North 87°23 '49" • East 113.53 feet; thence Northerly along a curve to the right having a radius of 2955.00 feet, through a central angle of • 01°27 '32" , a distance of 75.25 feet; thence South 87°23'49" West 68.31 feetf- thence North 42°35 '54" West 272.48 feet; thence South 02°39 ' 07" West, 79.•88 feet; thence Southerly along a curve to the left having a radius of 2,795.00 feet, through a central angle of 01°15'46", a distance of 61.60 feet; thence South 42°35'54" East 88.50 feet; thence South 87°23'49" West' 60.79 feet to the Easterly margin of Burnett Street, thence Southerly along Burnett Street along a curve to the left having a radius of 2,795.00 feet through a central angle of 01°32 '15" a distance of 75.01 feet; thence North 87°23'49" East 154 .59 feet to the TRUE• POINT OF BEGINNING. . Subject to all easements and rights of record.• . • • • • • • I - • • 1 2 `LADING OF FILE FILE TITLE4 , r I t it • Pi ' cl gi / / , •