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HomeMy WebLinkAboutReport 1STATE OF WASHINGTON, COUNTY OF KING } AFFIDAVIT OF PUBLICATION PUBLIC NOTICE Linda M Mills, being first duly sworn on oath that she is the Legal Advertising Representative of the Renton Reporter a weekly newspaper, which newspaper is a legal newspaper of general circulation and is now and has been for more than six months prior to the date of publication hereinafter referred to, published in the English language continuously as a weekly newspaper in King County, Washington. The Renton Reporter has been approved as a Legal Newspaper by order of the Superior Court of the State of Washington for King County. The notice in the exact form annexed was published in regular issues of the Renton Reporter (and not in supplement form) which was regularly distributed to its subscribers during the below stated period. The annexed notice, a: Public Notice was published on February 17, 2017. The full amount of the fee charged for said foregoing publication is the sum of $75.38. '/d/· ·v, ;; . " ... //-·llr.::.--.._ ·· Linda Mills Legal Advertising Representative, Renton Reporter ubscribed a~his 17th day of February, 2017. ~ ' P :I ' h S fW h. R ·ct· . :: a e wm, otary u 1c or t e tate o as mgton, es1 mg lit Covington, Washington ·' I . ,, I <", ~~ '' \ ·-.. CITY OF RENTON NOTICE OF ORDINANCE ADOPTED BY THE RENTON CITY COUNCIL Following is a summary of the Ordinances adopted by the Renton City Council on February 13.2017 ORDINANCE NO. 5832 An Ordinance of the City of Ren- ton, Wa,;hington. changing the Zoning Classification of Certain Properties within the City of Renton (King County Parcel Nos. 3123059114, 3123059007. 3123059011, 3123059032, 3926800010, 3926800020, and 3926800030) from Commercial Office (CO) to Commercial Arte- rial (CA) (File No. LUA-16- 000734, Rezone HE) Effective: 2/22/2017 Complete text of this ordinance can be found on the City's web- site at www.rentonwa.gov. Upon request to the City Clerk's office, (425) 430-6510, copies will also be mailed for a foe. Jason A. Seth, City Clerk Published in the Renton Reporter on February 17, 2017. #1812751 CITY OF RENTO DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: November 14, 2016 To: City Clerk's Office From: Sabrina Mirante Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. , __ Project Name: East Valley Road Rezone LUA (file) Number: LUA16-000734, RZ Cross-References: AKA's: Project Manager: Paul Hintz Acceptance Date: September 30, 2016 Applicant: Arne Nelson, The Evergreen Market Owner: Kaya Hasanoglu, Naka Properties Contact: Arne Nelson, The Evergreen Market PID Number: 3l~30S'q\l't ERC Determination: DNS Date: October 17, 2016 Anneal Period Ends: November 4. 2016 Administrative Decision: Date: Anneal Period Ends: Public Hearing Date: November 15, 2016 Date Appealed to HEX: By Whom: Mf'mJ~ ,,.. \ i l io\(, HEX Decision: Date: Anneal Period Ends: Date Appealed to Council: . By Whom: c Council Decision: Date: Mylar Recording Number: if ;1 ! Project Description: The applicant is requesting approval of a rezone and SEPA Environmental ' Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's I property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail I uses within the existing two-story commercial building. The site is currently zoned Commercial I Office (CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide- variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below). Option 1: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and 1 other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject 1· site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street shown in ellow . , I Location: 4242 East Valley Rd, Renton, WA 98055 lcom~na, I ERC Determination Types: DNS -Determination of Non-Significance; DNS-M -Determination of Non-Significance-Mitigated; DS -Determination of Significance. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: 4242 East Valley Road ) ) ) ) ) ) ) ) ) Rezone LUA16-000734 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION I. SUMMARY The applicant has applied for a rezone of 0.89 acres at 4242 East Valley Road from Commercial Office to Commercial Arterial. It is recommended that the City Council approve the requested rezone and extend the Commercial Arterial rezone to a surrounding area that totals 8.81 acres and is all also currently zoned Commercial Office. Extending the rezone to surrounding areas will avoid approving what could potentially be an illegal spot zone. Extending the rezone will also make the other properties in the area more conforming, as numerous uses in the recommended rezone area are currently retail, which is not authorized in the currently applicable Commercial Office zone. The few office uses in the rezone area would not be rendered nonconforming as a result of the rezone, since office uses are also permitted in the Commercial Arterial zone. II. TESTIMONY Paul Hintz, Renton senior planner, summarized the proposal. Mr. Hintz stated that staffs primary recommendation is for adoption of Option 3 in the staff report (extending the requested rezone to 8.81 acres) and its secondary recommendation is for adoption of Option 2 (extending the rezone to 3.59 acres). In response to examiner questions, Mr. Hintz noted that both Options 2 and 3 would not create any nonconforming uses. Offices are permitted uses in the Commercial Arterial zone. Mr. Hintz could not comment on traffic impacts by the rezone. He wasn't aware of any level of service problems with the transportation facilities in the rezone areas under consideration. In response to examiner questions about changes in circumstances, Mr. Hintz testified that it's his understanding that squatting and vandalism in the vacant building of the applicant's property is a recent development occurring over the last few years. He noted that another change in circumstances is a change in market forces that has made the applicant's property less desirable for office use. Mr. Hintz didn't know when the applicant's Rezone Recommendation -1 1 2 3 4 property was last rezoned. Mr. Hintz isn't aware of any other vacant buildings in the vicinity of the applicant's property. The building has been vacant for four years. No one else testified. III. EXHIBITS 5 The 9 exhibits identified at page 3 of the November 14, 2016 staff report were admitted into the record during the hearing. The November 14, 2016 staff report was admitted as Exhibit 10. The staff power 6 point was admitted as Exhibit 11. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 IV. FINDINGS OF FACT Procedural: 1. Applicant/Owner. Kaya Hasanoglu is the applicant/owner. The applicant/owner's address is 2125 l" Ave, No. 2105, Seattle, WA 98121. 2. Hearing. A hearing on the subject applications was held on November 15, 2016 in the Renton City Council meeting chambers. Substantive: 3. Project Description. The applicant has applied for a rezone of 0.89 acres at 4242 East Valley Road from Commercial Office (CO) to Commercial Arterial (CA). The rezone is requested to allow retail uses within an existing 9,072 square foot two-story commercial building that has been vacant for several years. The CO zoning district is generally intended to allow professional, administrative and business offices. The requested CA designation generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below copied from the staff report). Option I: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street (shown in yellow). Rezone Recommendation -2 1 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 • ' . < • ~ tl'ft".4.UI 1( 4242 East Valley Road Rezone r . --.. --· -~~-:-. -· -. -_: jw_··.,~.~,.~-----. =,~~-~-,,~,, · · ,w 4,1_~ ~ H ! .co co -. -. co ., SW 4lrd St I ' , • ·-· ,~ ---·~,---·-·--------------'---·i:.,··-··-·· '--... ---·--""·-·------~ -~--~-· ;.;. .. Option 1 is 0.89 acres in size, Option 2 is 3.59 acres and Option 3 is 8.81 acres. 4. Surrounding Uses. The property is located along the southern City of Renton limits, bounded by a City-owned lot and by WA State Route 167 to the east, a CO-zoned property with commercial uses to the north, East Valley Road to the west followed by a block of commercial properties zoned CO, as well as SW 43rd Street and commercial properties located in the City of Kent to the south. The location of uses within the Options 2 and 3 rezone areas is identified in the vicinity map below, copied from the staff report. Rezone Recommendation -3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ! ------'f ' "' AuwmOliveSer>k:e- -' ~ Reslal'arWar ~,.. Relal Olllces Restaurant ~"' vacant --,., Retail ~~ ------atyumtybull:llng Olli:es ., offices ' SW 43rd St -Reftloo SW 43rd SI SW 43rd St .... Exhibit 1 5. Impacts of Rezone. The proposed rezone is likely to result in significant benefit by reducing nonconforming uses and enabling reasonable use of developed properties. These benefits increase with increases in the size of the rezone area. No significant adverse impacts are anticipated from any of the rezones, except that limiting the rezone to the applicant's parcel could result in an illegal spot zone as concluded in Conclusion of Law No. 6. Impacts are more specifically addressed as follows: A. Benefits of Rezoning Applicant's Property. Rezoning the requested parcel to CA would enable the property owner to use the property in a more economical manner. The property has remained vacant for several years while surrounding properties zoned CA have thrived. This difference in occupancy has lead staff to conclude that the CO zone does not authorize uses that are desired by prospective businesses. Further, as noted in the staff report, vacant buildings are subject to squatting, vandalism and theft, which are deleterious to the public. Approving the rezone will also increase tax revenues, which is also in the public interest. B. Benefits of Option 2 and 3 Rezone. Adopting the Option 2 and 3 rezones would also be beneficial as it would decrease the number of nonconforming uses in those areas. The Option 2 and 3 areas contain numerous retail uses that are currently nonconforming, likely because they predate the CO zoning. Amending the zoning designations of Options 2 and 3 would render those retail uses conforming, which would enable the businesses to more easily expand, grow and change. By Rezone Recommendation -4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 contrast, the office uses in Options 2 and 3 would not be rendered nonconforming, since they are authorized uses in the CA zone. According to staff testimony during the hearing, rezoning the properties in Options 2 and 3 would not render any businesses nonconforming. All of the uses identified in the vicinity map in Finding of Fact No. 4 are permitted in the CA zone, except for the City utility building if it's an office building (in which case it would be authorized as an administrative conditional use in the CA zone). Even if a business were rendered nonconforming, it could still continue to operate, but as previous! y mentioned there would be constraints on modifications and expansions. In this regard it is also important to note that notice of the public hearing was mailed to all properties within Options 2 and 3 and no written or verbal testimony was submitted expressing any concern over the rezones under consideration. C. Adequacy of Public Infrastructure/Services. There wasn't much information presented on the impacts of the proposed upzones to public infrastructure and services. From the little information in the record it appears more likely than not that the adequate public services and facilities will be available to accommodate any increased demands created by the modestly sized rezones. Approving the rezones would presumably increase traffic, as retail use generally generates more traffic than office use. Staff had not conducted any traffic analysis to assess traffic impacts of the rezone, but was not aware of any level of service problems within the vicinity of any of the rezone options. There is also no information on impacts to other public services and infrastructure. However, the staff report does identify that the City of Renton serves all of the rezone areas under consideration with water, sewer and storm water facilities. Given the modest size of the proposed rezones and the service capacity of City utilities, it is determined that more likely than not the proposed upzones will not exceed public service and infrastructure capacity. D. Critical Areas. There are no critical areas on-site, so any increase in land use intensity facilitated by the rezone should not pose a threat to any environmentally sensitive areas. 6. Change in Circumstances. There has been a change in circumstances since the last time any of the rezone areas under consideration have last been zoned/rezoned. As testified by staff, the marketability of the property in the rezone areas under consideration has likely changed since the properties were zoned for commercial office use. The applicant's property has been vacant for several years since the applicant couldn't find any commercial office tenants. The surrounding properties have for the most part developed as retail uses. This all strongly suggests that there is much less demand for office use in the subject CO areas than was anticipated when the properties were zoned co. CONCLUSIONS OF LAW I. Authority. RMC 4-8-080(0) classifies a rezone request as a Type IV application, which requires the hearing examiner to make a recommendation to the City Council after holding a public hearing. Rezone Recommendation -5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Zoning/Comprehensive Plan Designations. The applicant's 0.89 acre parcel is designated Employment Area in the City's Comprehensive Plan. Options 2 and 3 are also designated Employment Area. The applicant's parcel and all property within Options 2 and 3 are designated CO. The Employment Area Comprehensive Plan designation is implemented by both the CA and CO zones, as well as several other zoning designations. 3. Review Criteria. Rezone standards are subject to RMC 4-9-l 80(F)(2). Applicable standards are quoted below in italics and applied through corresponding conclusions of law. REZONE CRITERIA RMC 4-9-180(F)(2)(a): The rezone is in the public interest, and 6. The criterion is met for Options 2 and 3. As noted in Finding of Fact No. 5, the proposed rezone would not create any adverse impacts and would in fact be highly beneficial to the businesses of the area by rendering numerous nonconforming business conforming and also enable more economically productive use of the applicant's property. Option 1 (limiting the rezone to the applicant's property) is likely not in the public's interest because it would qualify as an illegal "spot zone". A spot zone is well described in Narrowsview Preservation Association v. City of Tacoma, 84 Wn.2d 416,421 (1974), in which the court ruled: "We have recently stated that illegal spot zoning is arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger area or district and specially zone for use classification totally different from and inconsistent with the classification of the surrounding land, not in accordance with the comprehensive plan" If the City Council limited the rezone to the applicant's property, it would create a small island of CA zoning completely surrounded by CO zoning ot the east, west and north, with the City of Kent adjacent to the south. Such a rezone would likely qualify as a spot zone. RMC 4-9-180(F)(2)(b): The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner, and 7. The criterion is met for all three options for the reasons identified in Finding of Fact No. 5. Under Option 1, the rezone would enable the applicant to find businesses to occupy his vacant builidng. For Options 2 and 3, the rezone would render numerous nonconforming businesses conforming and would also make the properties more marketable for business development. RMC 4-9-180(F)(2)(c): The rezone is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof, and Rezone Recommendation -6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7. The criterion is met. As determined in Finding of Fact No. 5, the rezones for all three options would not create any significant adverse impacts and would in fact be highly beneficial to the properties within the rezone areas as well as the City as a whole by increasing tax revenues and promoting economic development. RMC 4-9-180(F)(2)(d): The rezone meets the review criteria in subsection Fl of this Section. 8. The criterion is met. The proposal is consistent with all standards imposed by subsection Fl. Subsection F J requires consistency with the comprehensive plan. For the reasons identified in Finding of Fact No. 20 of the staff report, the proposal is consistent with the comprehensive plan. Subsection Fl also requires either that (1) the subject property was not specifically considered in the last area land use analysis and area zoning or (2) that circumstances have significantly changed since the most recent zoning of the area. The staff report notes that the rezone of the property was not considered in the last rezone of the area, which was done in 2015. Finally, Subsection Fl requires that the rezone "meet the review criteria in RMC 4-9-020". RMC 4-9-020 sets the review criteria for comprehensive plan amendments. The comprehensive plan criteria focus upon impacts to growth and employment rates, adequacy of public infrastructure, consistency with comprehensive plan objectives and impacts upon environmentally sensitive areas. As previously concluded, all of the proposed rezones under consideration are consistent with the comprehensive plan. As determined in Finding of Fact No. 5, there arc adequate public services and infrastructure to serve the rezones under consideration and the rezones would not adversely affect any environmentally sensitive areas. The proposed rezones should have a beneficial impact upon employment rates, since it will facilitate business development in the rezone areas. 9. Washington courts have arguably adopted a somewhat different set of rezone standards than those currently incorporated in the Renton Municipal Code. For rezones, Washington appellate courts require that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (2001). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. As to "implementing the Comprehensive Plan", it is somewhat debatable whether the courts require that the rezone is necessary to implement the plan as opposed to being simply consistent with the comprehensive plan. In the application under review, the requested rezone is not necessary to implement the comprehensive plan since the current CO designation is consistent with the comprehensive plan land use designations for the property under review. However, the proposed rezones under review are certainly consistent with comprehensive plan because the CA designation is also consistent with the comprehensive plan land use designations for the property under review. In order to remove any doubt, it is best to apply the change in circumstances standard when a rezone isn't necessary to implement the comprehensive plan. In this case, there is the requisite change in circumstances as determined in Finding of Fact No. 6. All rezone options meet the judicial criteria for a rezone (excluding the spot zone issue addressed in Conclusion of Law No. 6). Rezone Recommendation -7 1 v. RECOMMENDATION 2 The hearing examiner recommends that the City Council approve the Option C rezone (8.81 acres) as identified in Finding of Fact No. 3. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 DATED this 1" day of December, 2016. City of Renton Hearing Examiner VALUATION NOTICES Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. Rezone Recommendation -8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 BEFORE THE HEARING EXAMINER FOR THE CITY OF RENTON RE: 4242 East Valley Road ) ) ) ) ) ) ) ) ) Rezone LUA16-000734 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION I. SUMMARY The applicant has applied for a rezone of 0.89 acres at 4242 East Valley Road from Commercial Office to Commercial Arterial. It is recommended that the City Council approve the requested rezone and extend the Commercial Arterial rezone to a surrounding area that totals 8.81 acres and is all also currently zoned Commercial Office. Extending the rezone to surrounding areas will avoid approving what could potentially be an illegal spot zone. Extending the rezone will also make the other properties in the area more conforming, as numerous uses in the recommended rezone area are currently retail, which is not authorized in the currently applicable Commercial Office zone. The few office uses in the rezone area would not be rendered nonconforming as a result of the rezone, since office uses are also permitted in the Commercial Arterial zone. II. TESTIMONY Paul Hintz, Renton senior planner, summarized the proposal. Mr. Hintz stated that staffs primary recommendation is for adoption of Option 3 in the staff report ( extending the requested rezone to 8.81 acres) and its secondary recommendation is for adoption of Option 2 (extending the rezone to 3.59 acres). In response to examiner questions, Mr. Hintz noted that both Options 2 and 3 would not create any nonconforming uses. Offices are permitted uses in the Commercial Arterial zone. Mr. Hintz could not comment on traffic impacts by the rezone. He wasn't aware of any level of service problems with the transportation facilities in the rezone areas under consideration. In response to examiner questions about changes in circumstances, Mr. Hintz testified that it's his understanding that squatting and vandalism in the vacant building of the applicant's property is a recent development occurring over the last few years. He noted that another change in circumstances is a change in market forces that has made the applicant's property less desirable for office use. Mr. Hintz didn't know when the applicant's property was last rezoned. Mr. Hintz isn't aware of any other Rezone Recommendation -1 2 3 4 vacant buildings in the vicinity of the applicant's property. The building has been vacant for four years. No one else testified. III. EXHIBITS 5 The 9 exhibits identified at page 3 of the November 14, 2016 staff report were admitted into the record during the hearing. The November 14, 2016 staff report was admitted as Exhibit 10. The staff 6 power point was admitted as Exhibit 11. 7 8 9 10 11 IV. FINDINGS OF FACT Procedural: I. Applicant/Owner. Kaya Hasanoglu is the applicant/owner. The applicant/owner's address is 2125 I'' Ave, No. 2105, Seattle, WA 98121. 12 2. Hearing. A hearing on the subject applications was held on November 15, 2016 in the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Renton City Council meeting chambers. Substantive: 3. l'roject Description. The applicant has applied for a rezone of 0.89 acres at 4242 East Valley Road from Commercial Office (CO) to Commercial Arterial (CA). The rezone is requested to allow retail uses within an existing 9.072 square foot two-story commercial building that has been vacant for several years. The CO zoning district is generally intended to allow professional, administrative and business offices. The requested CA designation generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below copied from the staff report). Option I: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43'd Street (shown in yellow). Rezone Recommendation -2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 4242 East Valley Road Rezone ~., 4h' $\ • co co "' co SW .Ud SI ---·-·-·-·-·-·-·--·-· .. ·-·----.. :::. ---. -i-: .... ffl Option I is 0.89 acres in size, Option 2 is 3.59 acres and Option 3 is 8.81 acres. 4. Surrounding Uses. The property is located along the southern City of Renton limits, bounded by a City-owned lot and by WA State Route 167 to the east, a CO-zoned property with commercial uses to the north, East Valley Road to the west followed by a block of commercial properties zoned CO, as well as SW 43rd Street and commercial properties located in the City of Kent to the south. The location of uses within the Options 2 and 3 rezone areas is identified in the vicinity map below, copied from the staff report. Rezone Recommendation -3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i,: ., • > "' .., C J M1 SW •1st St SW 41sl St SW ,,at St ,,_b- : 'Merlnaly Restaurants Restauranlslcat :a.. i diic =. Restamn ::. ,,/~ .----"';;.; __ .-Clly!AaybUMlng SW "43rd S1 RentOA SW 43rd St SW 43rd St ·-·-. ... . . Ill.., .. . ... Exhibit 1 5. Impacts of Rezone. The proposed rezone is likely to result in significant benefit by reducing nonconforming uses and enabling reasonable use of developed properties. These benefits increase with increases in the size of the rezone area. No significant adverse impacts are anticipated from any of the rezones, except that limiting the rezone to the applicant's parcel could result in an illegal spot zone as concluded in Conclusion of Law No. 6. Impacts are more specifically addressed as follows; A. Benefits of Rezqning Applicant's Property. Rezoning the requested parcel to CO would enable the property owner to use the property in a more economical manner. The property has remained vacant for several years while surrounding properties zoned CA have thrived. This difference in occupancy has lead staff to conclude that the CO zone does not authorize uses that are desired by prospective businesses. Further, as noted in the staff report, vacant buildings are subject to squatting, vandalism and theft, which are deleterious to the public. Approving the rezone will also increase tax revenues, which is also in the public interest. B. Benefits of Option 2 and 3 Rezone. Adopting the Option 2 and 3 rezones would also be beneficial as it would decrease the number of nonconforming uses in those areas. The Option 2 and 3 areas contain numerous retail uses that are currently nonconforming, likely because they predate the CO zoning. Amending the zoning designations of Options 2 and 3 would render those Rezone Recommendation -4 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 retail uses conforming, which would enable the businesses to more easily expand, grow and change. By contrast, the office uses in Options 2 and 3 would not be rendered nonconforming, since they are authorized uses in the CO zone. According to staff testimony during the hearing, rezoning the properties in Options 2 and 3 would not render any businesses nonconforming. All of the uses identified in the vicinity map in Finding of Fact No. 4 are permitted in the CA zone, except for the City utility building if it's an office building (in which case it would be authorized as an administrative conditional use in the CA zone). Even if a business were rendered nonconforming, it could still continue to operate, but as previously mentioned there would be constraints on modifications and expansions. In this regard it is also important to note that notice of the public hearing was mailed to all properties within Options 2 and 3 and no written or verbal testimqny was submitted expressing any concern over the rezones under consideration. C. Adequacy of Public Infrastructure/Services. There wasn't much information presented on the impacts of the proposed upzones to public infrastructure and services. From the little information in the record it appears more likely than not that the adequate public services and facilities will be available to accommodate any increased demands created by the modestly sized rezones. Approving the rezones would presumably increase traffic, as retail use generally generates more traffic than office use. Staff had not conducted any traffic analysis to assess traffic impacts of the rezone, but was not aware of any level of service problems within the vicinity of any of the rezone options. There is also no information on impacts to other public services and infrastructure. However, the staff report does identify that the City of Renton serves all of the rezone areas under consideration with water, sewer and storm water facilities. Given the modest size of the proposed rezones and the service capacity of City utilities, it is determined that more likely than not the proposed upzones will not exceed public service and infrastructure capacity. D. Critical Areas. There are no critical areas on-site, so any increase in land use intensity facilitated by the rezone should not pose a threat to any environmentally sensitive areas. 6. Change in Circumstances. There has been a change in circumstances since the last time any of the rezone areas under consideration have last been zoned/rezoned. As testified by staff, the marketability of the property in the rezone areas under consideration has likely changed since the properties were zoned for commercial office use. The applicant's property has been vacant for several years since the applicant couldn't find any commercial office tenants. The surrounding properties have for the most part developed as retai I uses. This all strongly suggests that there is much less demand for office use in the subject CO areas than was anticipated when the properties were zoned CO. CONCLUSIONS OF LAW 24 1. Authority. RMC 4-8-080(G) classifies a rezone request as a Type IV application, which 25 26 requires the hearing examiner to make a recommendation to the City Council after holding a public hearing. Rezone Recommendation -5 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2. Zoning/Comprehensive Plan Designations. The applicant's 0.89 acre parcel is designated Employment Area in the City's Comprehensive Plan. Options 2 and 3 are also designated Employment Area. The applicant's parcel and all property within Options 2 and 3 are designated CO. The Employment Area Comprehensive Plan designation is implemented by both the CA and CO zones, as well as several other zoning designations. 3. Review Criteria. Rezone standards are subject to RMC 4-9-l 80(F)(2). Applicable standards are quoted below in italics and applied through corresponding conclusions of law. REZONE CRITERIA RMC 4-9-180(F)(2)(a): The rezone is in the puhlic interest, and 6. The criterion is met for Options 2 and 3. As noted in Finding of Fact No. 5, the proposed rezone would not create any adverse impacts and would in fact be highly beneficial to the businesses of the area by rendering numerous nonconforming business conforming and also enable more economically productive use of the applicant's property. Option I (limiting the rezone to the applicant's property) is likely not in the public's interest because it would qualify as an illegal "spot zone''. A spot zone is well described in Narrowsview Preservation Association v. City of Tacoma, 84 Wn.2d 416, 421 (1974 ), in which the court ruled: "We have recently stated that illegal spot zoning is arbitrary and unreasonable zoning action hy which a smaller area is singled out of a larger area or district and specially zone for use classification totally different from and inconsistent with the classification of the surrounding land, not in accordance with the comprehensive plan" If the City Council limited the rezone to the applicant's property, it would create a small island of CA zoning completely surrounded by CO zoning ot the east, west and north, with the City of Kent adjacent to the south. Such a rezone would likely qualify as a spot zone. RMC 4-9-180(F)(2)(b): The rezone tends to fiirther the preservation and enjoyment of any substantial properly rights of the petitioner, and 7. The criterion is met for all three options for the reasons identified in Finding of Fact No. 5. Under Option I, the rezone would enable the applicant to find businesses to occupy his vacant builidng. For Options 2 and 3, the rezone would render numerous nonconforming businesses conforming and would also make the properties more marketable for business development. RMC 4-9-180(F)(2)(c): The rezone is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof and Rezone Recommendation -6 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7. The criterion is met. As determined in Finding of Fact No. 5. the rezones for all three options would not create any significant adverse impacts and would in fact be highly beneficial to the properties within the rezone areas as well as the City as a whole by increasing tax revenues and promoting economic development. RMC 4-9-180(F)(2)(d): The rezone meets the review criteria in subsection Fl of this Section 8. The criterion is met. The proposal is consistent with al I standards imposed by subsection FI. Subsection Fl requires consistency with the comprehensive plan. For the reasons identified in Finding of Fact No. 20 of the staff report, the proposal is consistent with the comprehensive plan. Subsection FI also requires either that (I) the subject property was not specifically considered in the last area land use analysis and area zoning or (2) that circumstances have significantly changed since the most recent zoning of the area. The staff report notes that the rezone of the property was not considered in the last rezone of the area, which was done in 2015. Finally, Subsection Fl requires that the rezone "meet the review criteria in RMC 4-9-020". RMC 4-9-020 sets the review criteria for comprehensive plan amendments. The comprehensive plan criteria focus upon impacts to growth and employment rates, adequacy of public infrastructure, consistency with comprehensive plan objectives and impacts upon environmentally sensitive areas. As previously concluded, all of the proposed rezones under consideration are consistent with the comprehensive plan. As determined in Finding of Fact No. 5, there are adequate public services and infrastructure to serve the rezones under consideration and the rezones would not adversely affect any environmentally sensitive areas. The proposed rezones should have a beneficial impact upon employment rates, since it will facilitate business development in the rezone areas. 9. Washington courts have arguably adopted a somewhat different set of rezone standards than those currently incorporated in the Renton Municipal Code. For rezones, Washington appellate courts require that the proponents of a rezone must establish that conditions have substantially changed since the original showing and that the rezone must bear a substantial relationship to the public health, safety, morals or welfare. See Ahmann-Yamane, LLC v. Tabler, 105 Wn. App. 103, 111 (200 I). If a rezone implements the Comprehensive Plan, a showing that a change of circumstances has occurred is not required. Id. at 112. As to "implementing the Comprehensive Plan", it is somewhat debatable whether the courts require that the rezone is necessary to implement the plan as opposed to being simply consistent with the comprehensive plan. In the application under review, the requested rezone is not necessary to implement the comprehensive plan since the current CO designation is consistent with the comprehensive plan land use designations for the property under review. However, the proposed rezones under review are certainly consistent with comprehensive plan because the CA designation is also consistent with the comprehensive plan land use designations for the property under review. In order to remove any doubt, it is best to apply the change in circumstances standard when a rezone isn't necessary to implement the comprehensive plan. In this case, there is the requisite change in circumstances as determined in Finding of Fact No. 6. All rezone options meet the judicial criteria for a rezone ( excluding the spot zone issue addressed in Conclusion of Law No. 6). Rezone Recommendation -7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 V. RECOMMENDATION The hearing examiner recommends that the City Council approve the Option C rezone (8.81 acres) as identified in Finding of Fact No. 3. DATED this I" day of December. 2016. City of Renton Hearing Examiner VALUATION NOTICES Affected property owners may request a change m valuation for property tax purposes notwithstanding any program of revaluation. Rezone Recommendation -8 December 1, 2016 Arne Nelson The Evergreen Market 4423 193rd Av E Issaquah, WA 98027 Subject: Hearing Examiner's Final Decision Denis Law Mayor City Clerk -Jason A. Seth, CMC RE: East Valley Road Rezone (LUA-16-000734) Dear Arne Nelson: The City of Renton's Hearing Examiner has issued a Final Decision dated December 1, 2016. This document is immediately available: • Electronically online at the City of Renton City Clerk Division website at www.rentonwa.gov/cityclerk. Click the "Hearing Examiner Decisions" link on the right side of the screen located under the section titled, "Helpful Links." The Hearing Examiner Decisions are filed by year and then alphabetical order by project name. • To be viewed at the City Clerk's office on the 7th floor or Renton City Hall, 1055 South Grady Way, between 8 am and 4 pm. Ask for the project file by the above project number; and • For purchase at a copying charge of $0.15 per page. The estimated cost for the Hearing Examiner Documents is $1.20, plus a handling and postage cost (this cost is subject to change if documents are added). APPEAL DEADLINE: RMC 4-8-080 provides that the final decision of the Hearing Examiner is subject to appeal to the Renton City Council. RMC 4-8-110(E)(14) requires appeals of the Hearing Examiner's decision to be filed within fourteen (14) calendar days from the date of the hearing examiner's decision. Appeals must be filed in writing together with the required fee to the City Council, City of Renton, 1055 South Grady Way, Renton, WA 1055 South Grady Way, Renton, WA 98057 • (425) 430-6510 I Fax (425) 430-6516 • rentonwa.gov 98057. Additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. RECONSIDERATION: A request for reconsideration to the Hearing Examiner may also be filed within this 14 day appeal period as identified in RMC 4-8-110(E)(13) and RMC 4-8- 100(G)(9). Reconsiderations must be filed in writing to the Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Additional information regarding the reconsideration process may be obtained from the City Clerk's Office, Renton City Hall - 7th Floor, (425) 430-6510. A new fourteen (14) day appeal period shall commence upon the issuance of a reconsideration decision. I can be reached at (425) 430-6510 or jseth@rentonwa.gov. Thank you. Sincerely, ,f;tl Jason A. Seth, CMC City Clerk cc: Hearing Examiner Paul Hintz, Senior Planner Jennifer Henning, Planning Director Vanessa Dolbee, Current Planning Manager Brianne Bannwarth, Development Engineering Manager Craig Burnell, Building Official Sabrina Mirante, Secretary, Planning Division Julia Medzegian, City Council Liaison Parties of Record (11) December 1, 2016 CERTIFICATE OF MAILING STATE OF WASHINGTON COUNTY OF KING ) ) § ) JASON A. SETH, City Clerk for the City of Renton, being first duly sworn on oath, deposes and says that he 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 1st day of December, 2016, at the hour of 4:30 p.m. your affiant duly mailed and placed in the United States Post Office at Renton, King County, Washington, by first class mail the Hearing Examiner's Final Decision RE: East Valley Road Rezone {LUA-16-000734) to the attached parties of record. SUBSCRIBED AND SWORN TO BEFORE me this 1st day of December, 2016. State of Washington, residing in Renton My Commission expires: 8/27/2018 Kana Properties LLC 330 SW 43rd St, D Renton, WA 98057 llffll&~• ;,-~ 'f.V:;e-.~-'" _.,,,,,:.~.:il'i">·',1 '';(,'PJ~,,-,,.~~:~Jlf.\n:ftE~"·"·'.1 Clf!n~'.:Jf:61&,~-~%:Jl:;.fi-~--@f)zt1;-;:t~~-~~,stk;'@Ji4:t'::~: ARNE NELSON THE EVERGREEN MARKET 4423 193rd Ave E Issaquah, WA 98027 Attn Manager Principal Real Estate Investments 249 SW 41st St #K, C/0 KG Investment "1 Renton, WA 98055 John Stokka 4000 E Valley Rd Renton. WA 98057 Sandy Routos JAG ROUTOS LLC 23501 112th Ave SE, L103 Kent, WA 98031 S &J Yen LLC 8451 SE 68th St #200 Mercer Island, WA 98040 .,,_., . . . . ' :'. r~~-t•~it:1;;,1_i{~Jt0:~:,)~~+@t,_·: Attn Manager Principal Real Estate Investments 249 SW 41st St #K, C/0 KG Investment "1 Renton, WA 98055 Attn Manager 50UTHLIND SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Jonathan Wilson City of Renton 1055 S Grady Way Renton. WA 98057 Z V COMPANY INC 3306 OLYMPIC BLVD W University Place, WA 98466 Attn Manager Principal Real Estate Investments 249 SW 41st St #K, C/0 KG Investment "1 Renton, WA 98055 Attn Manager SOUTHLIND SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Kava Hasanoglu Naka Properties 2125 1st Ave S, #2105 Seattle, WA 98121 . · . CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 10th day of November, 2016, I deposited in the mails of the United States, a sealed envelope containing HEX Report and Exhibits documents. This information was sent to: :};,> .. •• . . . ;;• :.;;:;;:;:; . . . ... · ; f<;• •••· : ..... Nime• , .. : .. Kaya Hasanoglu, Naka Properties Arne Nelson Phil Olbrechts Owners (Signature of Sender): STATE OF WASHINGTON COUNTY OF KING I'- XI fJvu A ~ ) ss ) w, ·v:::, 4242 East Valley Rezone LUA16-000734, RZ template -affidavit of service by mailing ;. ; ;ii'iiii;;:::-:::s Owner Contact/ Applicant Hearing Examiner See attached 0 I ' lt~j:iti!~e11ting ,;. .·. -Kana Properties LLC 330 SW 43rd St, D Renton. WA 98057 Z V COMPANY INC 3306 OLYMPIC BLVD W Universitv Place. WA 98466 Attn Manager SOUTH LIND SQUARE LLC 415 Baker Blvd, #200 Tukwila. WA 98188 Principal Real Estate Investments C/0 KC 249 SW 41st St #K Renton. WA 98055 Sandy Routes JAG ROUTOS LLC 23501 112th Ave SE, L103 Kent. WA 98031 Naka Properties 2125 1st Ave S, #2105 Seattle. WA 98121 ARNE NELSON THE EVERGREEN MARKET 4423 193rd Ave E Issaquah. WA 98027 John Stokka 4000 East Valley Rd Principal Real Estate Investments C/0 KC 249 SW 41st St #K Renton. WA 98055 S & J Yen LLC 8451 SE 68th St #200 Mercer Island. WA 98040 Attn Manager SOUTH LIND SQUARE LLC 415 Baker Blvd, #200 Tukwila. WA 98188 Jonathan Wilson City of Renton 1055 S Grady Way Renton, WA 9805 7 Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton. WA 98055 DEPARTMENT OF CO IUNITY -------'.,_.Ren ton 0 AND ECONOMIC DEVELOPMENT A. REPORT TO THE HEARING EXAMINER HEARING DATE: Project Nome: Owner: Applicant: Contact: File Number: Project Manager: Project Summary: Project Location: Site Area: November 14, 2016 4242 East Valley Road Rezone Kaya Hasanoglu, 2125 1" Ave, #2105, Seattle, WA 98121 Owner Arne Nelson, 4423 193"' Ave SE, Issaquah, WA 98027 LUA16-000734, Rezone HE Paul Hintz, Senior Planner The applicant is requesting approval of a rezone and SEPA Environmental Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office {CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. The property is located along the southern City of Renton limits, bounded by a City- owned lot and by WA State Route 167 to the east, a CO-zoned property with commercial uses to the north, East Valley Road to the west followed by a block of commercial properties zoned CO, as well as SW 43"' Street and commercial properties located in the City of Kent to the south. Staff considered three options in response to the application (refer to the map below). Option 1: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43'd Street (shown in yellow). 4242 East Valley Road, Renton, WA 98055 Option 1: (subject site): 0.89 acre Option 2: 3.59 acres Option 3: 8.81 acres Project Location Map Hex Report City of Renton Deportment of c~..,munity & Economic Development 4242 EAST VALLEY ROAD RE21 November 14, 2016 Hearing Examiner Recommendation LUA16-000734 Page 2 of 8 4242 East Valley Road Rezone co co co HEX Report City of Renton Department of Co"!munity & Economic Development 4242 EAST VALLEY ROAD REZi Hearing Examiner Recommendation LU Al 6-000734 November 14, 2016 I 8. EXHIBITS: Exhibit 1: Rezone Vicinity Map (of subject site) Exhibit 2: Rezone Vicinity Map (of Options 2 & 3) Exhibit 3: Rezone Aerial Map Exhibit 4: Existing Zoning Map Exhibit 5: Proposed Zoning Map Exhibit 6: Title Report Page 3 of 8 Exhibit 7: Environmental Review Committee Report Exhibit 8: Environmental "SEPA" Determination, ERC Mitigation Measures and Notice Exhibit 9: Affidavit of posting and mailing I C. GENERALINFORMATION: 1. Owner(s) of Record: Kaya Hasanoglu, 2125 1" Ave, #2105, Seattle, WA 98121 2. Zoning Classifications: Commercial Office (CO) to Commercial Arterial (CA) Employment Area (EA) 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: Vacant offices 5. Critical Areas: None 6. Neighborhood Characteristics: a. North: b. East: c. South: d. West: 7. Site Area: Commercial Uses; Employment Area (EA) Land Use Designation; Commercial Office {CO} Zone City of Renton property with utility building; WA State Route 167 City of Kent-General Commercial Zone Employment Area {EA) Land Use Designation; Commercial Office (CO} Zone 0.89 acre I D. HISTORICAL/BACKGROUND: Land Use File No. Pre-a pp PRE14-000583 HEX Report Ordinance No. N/A Date 06/2/2014 City of Renton Department of c~..,munity & Economic Development 4242 EAST VALLEY ROAD RE2, November 14, 2016 I E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service is provided by the City of Renton. b. Sewer: Sewer service is provided by the City of Renton. Hearing Examiner Recommendation WA16-000734 Page 4 of 8 c. Surface/Storm Water: Drainage of surface/storm water is provided by an onsite catch basin, which routes to City of Renton stormwater facilities within the East Valley Road right-of-way. Z. Streets: The site is bounded by two roadways: East Valley Road and SW 43"' Street. East Valley Road is classified as a Collector roadway. SW 43'' Street is classified as a Principal Arterial. 3. Fire Protection: City of Renton Fire Department F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter Z Land Use Districts a. Section 4-2-010: Zones and Map Designations Established b. Section 4-2-020: Purpose and Intent of Zoning Districts c. Section 4-2-060: Zoning Use Table -Uses Allowed in Zoning Designations Z. Chapter 3 Environmental Regulations -N/ A 3. Chapter 4 City-Wide Property Development Standards -N/ A 4. Chapter 6 Streets and Utility Standards -N/A S. Chapter 7 Subdivision Regulations -N/ A 6. Chapter 9 Permits -Specific a. Section 4-9-180: Rezone Process 7. Chapter 10 Legal Nonconforming Structures, Uses and Lots 8. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element I H. FINDINGS OF FACT (FOF): 1. The applicant is requesting a rezone and Environmental (SEPA) Review. 2. The 38,740 square foot {0.89 acres) site is located at 4242 East Valley Road, and abuts both East Valley Road and SW 43'' Street. 3. The subject site is currently developed with a two-story office building with 9,072 sq. ft. of floor area, which has been vacant for several years. The parcel includes 53 parking spaces and two access points (one from each abutting roadway). 4. The property is located along the southern City of Renton limits, bounded by a City-owned lot and by WA State Route 167 to the east, a CO-zoned property with commercial uses to the north, East Valley Road to the west followed by a block of commercial properties zoned CO, as well as SW 43'' Street and commercial properties located in the City of Kent to the south. HEX Report City of Renton Deportment of C~"'lmunity & Economic Development 4141 EAST VALLEY ROAO REZ, November 14, 2016 Hearing Examiner Recommendation LUA16-000734 Page 5 of 8 5. The Planning Division of the City of Renton accepted the above master application for review on September 21, 2016 and determined the application complete on September 30, 2016. The project complies with the 120-day review period. 6. The property is located within the Employment Area (EA) Comprehensive Plan land use designation, which is implemented by the Commercial Office (CO), Commercial Arterial (CA), the Light-, Medium-, and Heavy-Industrial zones (IL, IM, and IH), and the Resource Conservation Zone (RC). 7. The site is zoned Commercial Office (CO). The applicant has requested a rezone to the Commercial Arterial (CA) zone to allow retail uses. 8. Surrounding uses include: a restaurant/bar, a home improvement retail store, and two vehicle service/repair businesses to the north within the same block; East Valley Road immediately to the west followed by an entire block of CO-zoned properties with a mix offices, restaurants, and retail businesses; SW 43,• Street immediately to the south followed by the City of Kent and a wide range of commercial uses; and to the east lies a City of Renton lot with a utility building, followed by the right-of- way of State Route 167 (see Exhibits 1-2). 9. The purpose of the Commercial Office zone is: " ... to provide areas appropriate for professional, administrative, and business offices and related uses, offering high-quality and amenity work environments. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses within the zone, subject to special conditions. Limited light industrial activities, which can effectively blend in with an office environment, are allowed, as are medical institutions and related uses." 10. The purpose of the Commercial Arterial zone is: " ... to evolve from "strip commercial" linear business districts to business areas characterized by enhanced site planning and pedestrian orientation, incorporating efficient parking lot design, coordinated access, amenities and boulevard treatment with greater densities. The CA Zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Residential uses may be integrated into the zone through mixed-use buildings. The zone includes the designated Automall District." 11. The CO zone is intended to serve professional, administrative, and business offices and related uses; yet most of the surrounding properties (notably those within staff-proposed Options 2 and 3) are used by retail and service businesses. Additionally, the subject site and properties within staff-proposed Options 2 and 3 are located along high-volume traffic corridors, and are therefore more suitable within the CA zone. The subject site, Option 2, and Option 3 are all ineligible sites for multi-family housing in both the CO and CA zones. 12. Although the proposed rezone of the subject site meets the rezone criteria, the rezone of only the subject site would be considered "spot zoning," which is characterized as applying a zone to a specific parcel or small amount of land thereby granting certain privileges (i.e., allowed uses) that are not afforded to surrounding properties that share common characteristics (e.g., existing land use, access, geography, structures, etc.). 13. Staff presented Option 2 and Option 3 (see Exhibits 1-5) as areas to consider for the rezone from CO to CA in addition to the subject site. 14. Access to the site would be provided via two driveways, one located along each street frontage. 15. The site is mapped with no critical areas. 16. Staff received no public comment letters. 17. No other public or agency comments were received. HEX Report City of Renton Department of Cn"Jmunity & Economic Development 4242 EAST VALLEY ROAD REZ Hearing Examiner Recommendation LUA16-000734 November 14, 2016 Page 6 of8 18. Pursuant to the City of Renton's Environmental Ordinance and $EPA (RCW 43.21C, 1971 as amended), on October 17, 2016 the Environmental Review Committee issued a Determination of Non-Significance (DNS) for 4242 East Valley Road Rezone as well as Options 2 and 3 (Exhibit 8). A 14-day appeal period commenced on October 21, 2016 and ended on November 4, 2016. No appeals of the threshold determination have been filed as of the date of this report. 19. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed rezone. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Recommendation (Section J) at the end of this report. 20. Comprehensive Plan Compliance: The subject site (as well as those properties within Option 2 and Option 3) is designated Employment Area (EA) by the City's Comprehensive Plan Map. The purpose of the EA designation is to allow a mix of commercial and industrial uses. The proposal is compliant with the following Comprehensive Plan Goals and Policies: Compliance Comprehensive Plan Analysis . Policy L-19: Employment Areas -Place areas primarily used for industrial development, or a mix of commercial and industrial uses such as office, industrial, warehousing, and manufacturing, with access to transportation networks and transit, ,/ within the Employment Area (EA) Land Use Designation. Employment Areas provide a significant economic development and employment base for the City. Maintain a variety and balance of uses through zoning which promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial and office uses. 21. Consistency with Rezone Criteria: The applicant is requesting a rezone for Commercial Office (CO) to Commercial Arterial (CA) (Exhibits 1-5). The proposal is compliant with the rezone criteria of RMC 4-9- 180.F.2: Compliance Rezone Criteria The rezone is in the public interest: The applicant notes that the existing building has been vacant for four years, and recently was the target of "squatters," vandalism, and theft of plumbing fixtures. Subject Site: Stoff asserts that because the area appears to be a thriving business environment where no other vacant buildings appear to exist, the allowed uses of the CO zone are likely not desired by prospective businesses. Staff considers vacant buildings, and especially those subject to "squatting," vandalism, or theft to be deleterious to the public. Additionally, zoning is intended to protect the welfare, safety, and health of the public and, to that end, aims to allow uses of property that ,/ result in an appropriate and best use of the land; therefore, a rezone af the property ta expand uses would be in the public's interest as it would likely result in tenancy of the building, which would also likely deter the aforementioned trespassing, vandalism, and theft. Moreover, businesses contribute to the City's tax base and increase resources for public services and infrastructure, therefore, it's in the public interest that the City foster appropriate opportunities far industry. Option 2 and Option 3: Staff also asserts that a rezone from CO to CA for the properties within Option 2 and Option 3 (see Exhibits 1-5) is also in the public's interest. Many of the uses within Options 2 and 3 are nonconforming within the existing CO zone; rezoning these areas to CA would render these uses ta be conforming. Businesses that are conforming to zoning can mare easily secure HEX Report City of Renton Department of C~"'lmunity & Economic Development 4242 EAST VALLEY ROAD REZl Hearing Examiner Recommendation WA16-000734 November 14, 2016 HEX Report Page 7 of 8 financing and insurance, and ore able to expand services and structures without the need to secure approval through Chapter 10 RMC, Lego/ Nonconforming Structures, Uses and lots, or other specialized processes/permits. Stable businesses conforming to zoning ore in the public's interest. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner: The applicant contends that the area surrounding the subject site is predominately retail. Subject Site: Stoff notes that although the surrounding properties [within the City of Renton] ore zoned CO, many of their uses would not be permitted under the current zoning. These uses (restaurants, vehicle service and repair, etc.) likely pre-date the existing CO zoning and therefore ore nonconforming uses, which are permitted to remain. The existing zoning precludes the property owner from being able to enjoy the same property rights (i.e., permitted uses) of adjacent CO-zoned properties that have the similar characteristics. Option 2 and Option 3: Owners of property within both Option 2 and Option 3 hove rights to continue the nonconforming uses currently in operation on those properties; therefore, o rezone to the CA zone would further the preservation and enjoyment of substantial property rights of owners of property within Options 2 and 3. The rezone is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof: The applicant contends that businesses in the area ore predominately commercial retail. Subject Site: Stoff agrees that many of the surrounding uses ore retail and dining establishments that ore typically located in the Commercial Arterial zone. Rezone approval would enable the subject site to be used and developed in o manner similar to other properties in the vicinity; therefore, rezone approval would not be materially detrimental to the public welfare of surrounding properties. Option 2 and Option 3: These properties ore developed and have had the same, if not similar, businesses operating for years. The existing developments and uses of these properties have not proven to be materially detrimental to the public welfare of properties in the vicinity; therefore, staff contends that the rezone of Option 2 or Option 3 would satisfy this criterion. The proposed amendment meets the review criteria in RMC 4-9-020; and a. Is consistent with the policies set forth in the Comprehensive Plan; and b. At least one of the following circumstances applies: i. The property subject to rezone was not specifically considered at the time of the last area land use analysis and area zoning; or ii. Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. Subject Site: The CO to CA zone implement the same fond use designation, Employment Area, and therefore the rezone would remain consistent with the Comprehensive Plan (see FOF 15 for the specific policy). The subject property was not considered in the City's lost area-wide rezone in 2015. Option 2 and Option 3: The CO zone is currently applied to these properties. Because City of Renton Deportment of C--imunity & Economic Development 4242 EAST VALLEY ROAO REZI November 14, 2016 Hearing Examiner Recommendation LUA16-000734 Page 8 of 8 the CA zone also implements the Employment Area land use designation the rezone would remain consistent with the Comprehensive Plan. The properties within Option 2 and/or Option 3 were not considered in the City's last area-wide rezone in 2015. 22. Zoning Development Standard Compliance: Not applicable 23. Design Standards: Not applicable 24. Critical Areas: None present 25. Site Plan Review: Not Applicable 26. Compliance with Subdivision Regulations: Not applicable 27. Availability and Impact on Public Services: Not applicable 1,. CONCLUSIONS: l. The subject site is located in the Employment Area (EA) Comprehensive Plan designation and complies with the applicable goals and policies of the Comprehensive Plan, see FOF 20. 2. The proposal is consistent with the rezone criteria, see FOF 21. 3. There are no Critical Areas located on the site, see FOF 24. 4. The proposed rezone is anticipated to be compatible with existing and future surrounding uses as permitted in the CA zoning classification, see FOF 8-11 and 21. 5. Although the proposed rezone of the subject site meets the rezone criteria, the rezone of only the subject site would be considered "spot zoning," which is characterized as applying a zone to a specific parcel or small amount of land thereby granting certain privileges (i.e., allowed uses) that are not afforded to surrounding properties that share common characteristics (e.g., land use, access, geography, structures, etc.), see FOF 12. 6. Because the requested rezone of the subject site meets the rezone criteria yet would result in spot zoning, staff recommends considering expansion of the potential rezone to other properties identified as Option 2 and Option 3 in Exhibits 1-5, which also satisfy the rezone criteria (see FOF 21) and, based upon the differences between the purpose statements of the CO and CA zones (see FOF 9-11), are more appropriate sites and uses under CA zoning. I J. RECOMMENDATION: Staff recommends approval of the 4242 East Valley Road Rezone from CO to CA in conjunction with a rezone of the land within either Option 2 or Option 3 (see Exhibits 1-5) from CO to CA. Staff recommends denial of the 4242 East Valley Road Rezone as a standalone rezone affecting only the subject site. HEX Report I Vicinity Map of Subject Site I Lege~:~~~!,CountyBoundary ,,. ._; City of Renton ~ ,'../j " > <( D C _J ~ J', SW 41 st 51 ~ veterinary Restaurants SW 4 '.:,I SI Rest au rants/cares t C: dinic Retail Offices SW 43rd St Restaurant Retail Offices -Ji ""' > <( .;; "' :t) 256 0 128 Ranton M ent 256 Feet WGS_ 1984_Web_Mercator _Auxiliary_Sphere Paul Hintz phintz@Rentonwa.gov 09/27/2016 ' 1,"' '<, SW 41sl 51 " er ~ ~ "' > ;;; "' 111" Automonve Repair Automotive SeNice Home Improvement Retail RestauranUBar ---;;;--City utility building SW 43rd S\ SW 43rd Si Exhibit 1 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, currant, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcels Notes Vicinity Map of Subject Site 0 City of R:ettton r~-·'\ Finance & IT Division I Vicinity Map of Options 2 & 3 I Lege~i~~~rCountyBoundary ::,.,1 SV',' -11 ;_;\ S'. Home Furnishings Retail (IKEA) SW 4:h;, ::;1 Offices ~ ~. C .. " C ~ s; "' ,, ; "' ., C Ci "' • > ~ ., "' . City of Renton < <,.J ,, ' ., ,:'a -·~-1 I' , Offices ';-,V'\I -!I 1 -;.I ;--,t Offices omces SW 43rd S1 Ftentoo Vehicle Sales (future use) Med_ Office S'N ,jj1:;t .:.:,.t Offices Restaurant t,W .!11 '>1 .~;t Restaurants Retail and Offices ~o ' r . ,_, ...,.1;~· sw· 4Jrd s· n [l'. ~ ~ Offices Offices ~ Offices '" w r-, IH Parcels '~~ SW43rdS' Notes -•-• •-•-•-·-·-•-·-•-•-•-•-•-•-·~·-·-••M•-·-·-·-•-••••-·-·-·-·-·-·-·-·-·-···-·-·-· ~ ant Gas Restaurant/ Gas station Cafe station Retail and Restaurants ~\ --,?:_ - Gas Home Station Improvement Bank Retail EXHIBIT 2 Option 1 (subject site): red Option 2: red+green Option 3: red+green+yellow :11---------------< 0 340 0 170 340 Feet Paul Hintz phintz@Rentonwa.gov 09/30/2016 This map is a user generaled static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. City of Rettton (·,) WGS_ 1984_Web_Mercalor_Auxiliary_Sphere THIS MAP IS NOT TO BE USED FOR NAVIGATION Finance & IT Division 227 0 113 227 WGS _ 1964_ Web_ Mercator_ Auxiliary_ Sphere Feet Aerial Map Paul Hintz phintz@Rentonwa.gov 09/27/2016 This map is a user generated static output from an lnterner mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, currenl, or otherwise reliab:e. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend City and County Boundary Other c,1.y or ~entor Parcels Notes Opiion 1: red EXHIBIT 3 Option 2: red1-green Op'.1on 3· red-,-green+yellow 0 City~Re·Ifton· Finance & IT Division I Existing Zoning Map I Legend City and County Boundary 0th9' _-· ~ ,., City of Renton it. Parcels ~ "' Zoning O'. • RC-Resource Conservation if) ~ ,. '" '" R1-Residential 1 du/ac ~ <( '1) R4-Residential 4 du/ac TI > RS-Residential • 6 DU/AC C " _; <tJ 107 RB-Resld8fltlal B du/ac '-.J R10-Residential 10 du/ac SW 4 1st St SW 41 st St SW,11;.ISI R14-Residential 14 du/ac II RMF-Residential Multi-Family • RMH-Residential Manufactured Homes CN-Commercial Neighborhood • CV-Center VIiiage • CA-Commercial Arterial • UC-Url:Jan Center • CD-Center Downtown ,.'.l_ COR-Commen:ial Office/Residential II CO-Commercial Office IL-Industrial -light IM-lndustrial -Medium • IH-lndustrial -Heavy $ <fl '<-1:, "' EXHIBIT > -~";°' <l'. u "'' 4 C -1' ,, 167 -' ,t <.:., SW 43rd St Notes SW 43rd St Renton . _,,,~ ___ ,_,,,, ... ,~_,,,_,-,.,,, ... ..... ··-·--·-·-·- ~ ant If) General Commercial -Mixed Use General Commercial "° 0 > (Kent Zoning) (Kent Zoning) <l'. .c Paul Hintz This map is a user generated static output from an Internet mapping site and City of Re11to n ,0~\ 256 0 128 256 Feet phintz@Rentonwa.gov is for reference only. Data layers that appear on this map may or may not be WGS_ 1984_Web_Mercalor_Auxiliary_Sphere accurate, current, or otherwise reliable. 09/27/2016 THIS MAP IS NOT TO BE USED FOR NAVIGATION Finance & IT Division s:: if) "' > <( " C _, ;: (f) a; > <l: " ~ _, / SW 41 st St Proposed Zoning Map SW 41,i 51 SVi../4':,:St ,:, Q:" ,._ "' <tl > "' "' w toi' 167 SW43rdSt Renton ~ ent SW 43rd St 256 0 (j) d• ,. <l: 128 256 WGS_ 1984_Web_Mercator_Auxiliary_Sphere Feet Paul Hintz phintz@Rentonwa.gov 09/27/2016 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Legend City and County Boundary Other City of Renton Parcels Zoning • RC-Resource Conservatioo R1-Residential 1 du/ac R4-Residenlial 4 du/ac RS-Residential -6 DUIAC RS-Residential 8 du/ac ~ • Ill • • • lii! • Notes R 10-Residential 10 du/ac R14-Residential 14 du/ac RMF-Residential Multi-Family RMH-Residenlial Manufactured Homes CN-Commercial Neighborhood CV-Center Village CA-Commercial Arterial UC-Urban Genier CD-Center Downtown CCR-Commercial Office/Residential CO-Commercial Office IL-Industrial· Light IM-lndustrial -Medium IH-lndustrial -Heavy EXHIBIT 5 0 CityofRettfon Finance & IT Division ALTA Commitmen1 (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy or policies or title insurance, as identified in Schedule A. in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Tltie Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Stewart Title Guaranty Company 1420 Fifth Avenue. Suite 440 Seattle, WA 98101 (888) 896-1443 stewart title guaranty company .. ' 1iiit:~ Copyright 2006--2009 Americ:an Land TIUe Association. An rights reserved. The USO of !his Farm Is reslrided to ALTA licensees and ALTA member& in good standing as of the date of use.. All Oltlet uses .. prohibited. Reprinted under license from the American Land TrUe Aasoc:letioo. FIie No. 16000200504 004-UN ALTA Commitment (6/17/06) /~er~ Matt Morris President and CEO ~ ,,MLRl1../\,'1 I \',II' H l II Secretary CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith {a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or {c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more tiUe insurance policies and is not an abstract of tide or a report of the condition of tiUe. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the tiUe to the estate or Interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitraUon clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy oflhe parties. You may review a copy of the arbitraUon rules at< http://www a/la oral>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77252. Copyright 2006-2009 American Land TIiie Association. All righta reserved. The use ol this Form is tMlricted loALTAllc:en&ee$ and ALTA members In good standing as of 1'11!1 date of use. M o1hef uses are prohlbiled. Rep,inled under liamss from ltle American Land Trtfe Association. Fie No. 16000200504 004-UN ALTA Commttment (6117106) ·'·"i i-11:",\N 1,..,·1, Ill! stewart title Stewart Title Guaranty Company Commercial Services (Seattle) Title Officer: Debbi Hodgson Phone: (360) 713-9260 Email: dhodgson@stewart.com 1. Effective Date: May 31, 2016 at 6:00 AM 2. Policy Or Policies To Be Issued: (X)ALTAOWNER'S POLICY, (6117/06) (X) STANDARD ( ) EXTENDED SHORT TERM RATE Proposed Insured: To Be Determined ( X) ALTA EXTENDED LOAN POLICY (6/17/06) SIMULTANEOUS ISSUE RATE Proposed Insured: To Be Determined SCHEDULE A 1420 Fifth Avenue Su lte 440 Seattle, WA 98101 Phone: (360) 713-9260 Order Number: 16000200504 Customer Reference: Naka Properties, LLC Amount: To Be Determined Premium: Tax: Total: Amount: To Be Determined Premium: Tax: Total: 3. The estate or interest in the land described or referred to In this Commitment and covered herein is: Fee Simple 4. Title to said estate or interest in said land is at the effective date hereof vested in: Naka Properties, LLC, a Washington limited liability company 5. The land referred to In this commitment Is described as follows: SEE EXHIBIT "A" ATTACHED HERETO EXHIBIT "A" LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northwest Quarter of Section 31, Township 23 North, Range 5 East, Willamette Meridian, in King County Washington, lying East of Primary State Highway No. 5 (East Valley Highway) and lying South of a line parallel to and 200 feet distant North, measured at Right angles to, the centerline of South 180th Street; Except the South 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 2660649; and Except that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number 5889366; and Except that portion thereof conveyed to the City of Renton for road purposes by deed recorded under Recording Number 7404250403. Tax Parcel No.: 312305-9114--05 Seller's Initials: _____ _ Buyer's Initials: COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or liHe to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. SPECIAL EXCEPTIONS FOLLOW COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part I SPECIAL EXCEPTIONS 1. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of the City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1. 78% and the levy code is 2100. 2. General taxes: Year: Amount Billed: Amount Paid: Amount Due: First half delinquent May 1; Second half delinquent November 1: 2016 $21,036.43 $10,518.22 Tax Account No.: $10,518.21, plus interest and penalty if delinquent 312305-9114-05 Levy Code: 2100 Land: $658,500.00 Improvements: $925,500.00 Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300 Web Address: http://webapp.metrokc.gov/kctaxinfo/. 3. Current and/or advance personal property taxes that may become due upon transfer or sale of the premises herein described. Please contact the King County Treasurer's office for further information. 4. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the pubfic records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. 5. Owner's policy coverage to be verified through written instructions or a complete copy of the purchase and sale agreement should be submitted. 6. Deed of Trust and the terms and conditions thereof: Grantor: Naka Properties, LLC, a Washington limited liability company Trustee: PRLAP, Inc. Beneficiary: Bank of America, N. A., a national banking association Amount: $1,280,000.00 Dated: December 10, 2013 Recorded: December 10, 2013 Recording No.: 20131210001310 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 7. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. 8. Evidence of the authority of the individual(s) to execute the forthcoming document(s) for Naka Properties, LLC, a Washington limited liability company; copies of the current operating agreement and any amendments thereto, should be submitted prior to closing. 9. TIiie is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. 10. Easement and the terms and conditions thereof: Purpose: Water pipeline Affects: The description contained therein is not sufficient to determine its exact location within the property herein described. Recorded: January 16, 1930 Recording No.: 2581898 11. Condemnation of access to state highway and of light, view and air by decree to the State of Washington: Entered: March 20, 1962 King County Superior Court Number: 570903 12. Exceptions and Mineral Reservations as contained in instrument: Recorded: April 28, 1965 Recording No.: 5871936 and 5871942 NOTE: No examination has been made to determine the present record owner of the above rights to determine which may affect the lands or rights so reserved. 13. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: Recorded: June 10, 1965 Recording No.: 5889366 Grantee: King County 14. City of Renton Right of Entry Agreement to reconstruct sidewalks and driveways, and the terms and conditions thereof: Recorded: Recording No.: June 18, 1973 7306180484 15. Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Co Purpose: Guy wires and anchors Affects: Westerly portion of the premises Recorded: January 12, 1976 Recording No.: 7601120531 16. Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Co Purpose: Underground electric system Affects: Within the East 90 feet of the premises Recorded: May 11, 1979 Recording No.: 7905110798 17. Terms and condnions of survey recorded October 15, 1992 under Recording Number 9210159001. 18. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: Electric utility system Affects: Portions of the premises adjacent to the rights of wey of East Valley Highway and of South 180th Street Recorded: January 13, 2011 Recording No.: 20110113000615 19. The attached Commercial Title Affidavit must be completed in full, notarized, and submitted to the Company for review prior to closing. 20. If the policies to be issued are in excess of $5,000,000.00 or involve unusual risks, approval to issue such policies must be obtained from Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. END OF SPECIAL EXCEPTIONS COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Item (b) Note: Fonnat: Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following fonnat and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 y,• by 14". No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. lnfonnation which must appear on the first page: Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted ). Assessor's tax parcel number(s). Return address which may appear in the upper left hand 3" top margin. NOTES: COMMITMENT FOR TITLE INSURANCE SCHEDULE B Part II NOTE A: In order to assure timely recording all recording packages should be sent to: Stewart TIile Guaranty Company Commercial Services (Seattle) 1420 Fifth Avenue, Suite 440, Seattle, WA 98101 Attn: Recorder NOTE B: The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Pin. NE1/4NW1/4, Sect. 31, Twp. 23N, Rng. 05EWN, in King County, Washington NOTE C: Recording fees charges by the county are subject to the title of the document. Standard fees are as follows: Deeds of Trust: $74.00 for the first page and $1.00 for each additional page. Deeds: $73.00 for the first page and $1.00 for each additional page. Please add a $5.00 fee for electronic recording. For other types of documents to be recorded please contact your escrow officer. NOTE D: All matters regarding extended coverage have been cleared for the mortgagee's policy. Exceptions C, E and F shown in Schedule B herein will be omitted in said extended coverage mortgagee's policy. NOTE E: The records of King County and/or our inspection indicate that the address of the improvement located on said land is 4242 East Valley Road, Renton, WA 98057. NOTE F: In the event of cancellation, a cancellation charge may be made. NOTE G: There are no deeds affecting said land recorded within 24 months of the date of this report. PS END OF SCHEDULE B Escrow Officer Location: Stewart TIile Guaranty Company -Commercial Services Escrow Officer: 1420 Fifth Avenue, Suite 440, Seattle, WA98101 Phone: Fax: Email: EXHIBIT"A" LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northwest Quarter of Section 31, Township 23 North, Range 5 East, Willamette Meridian, in King County Washington, tying East of Primary State Highway No. 5 (East Valley Highway) and lying South of a line parallel to and 200 feel distant North, measured at Right angles to, the center1ine of Soulh 180th Street Except the South 30 feet thereof conveyed lo King County for road purposes by deed recorded under Recording Number 2660649·and Except that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number ~;and Except that portion thereof conveyed to the City of Renton for road purposes by deed recorded under Recording Number 7404250403. OrdarNo. 16000200504 Affidavit Commercial WA NW I I ~ " c§!ewart: ORDER NO: 16000200504 This sketch is provided without charge for information. It is not intended to show nil mutters related to the property, including, hut not limited to area, dimensions, encroachments, locations or boundaries. It is cot a pHrl of, nor does il motlily the conwtltmcnt or policy to which it is attached. The Comp!IIly asswucs NO liability for any matter related to this sketch. Reference should be made to an accurate survey for further information. i ! -----,-' ' , R/RENTON ti·.,,·· --··········-) ' r...,. ,r i.u"" ""' -·· -.,,, ---..:.-..:~-- ~, ij =- ~ ~# ~·- • ., .,,, • ~••• er ""' IQE 1/· £' .I :·· "/llr--.__;-1- ..,. "' I I •• '• i ; i .. , i I ' i i f ; ! ' ; ' ! ! 1 ' ! / i i ' ! .: ,! • , i -+ -j- ' ! ·' ! ' ! ! ; I j i ! I i ' ! i ~ , ' I ! :~ I .I,,' i " &! i J Ng i :i-": ,~ It,' G/)lil'" ,1f!;tP. I t; • ._ g I~ f , • , i. : :/ 4 { .. " ' ;iY ! ! • _; i ! ; ' ; ! ' ; ! DEPARTMENT OF COMM_. ITV AND ECONOMIC DEVELOPMENT ------Renton 0 ENVIRONMENTAL REVIEW COMMIITEE REPORT ERC MEETING DA TE; Project Name: Project Number: Project Manager: Owner: Applicant: Contact: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION; October 17, 2016 4242 East Valley Road Rezone LUAlG-000734 Paul Hintz, Senior Planner Kaya Hasanoglu, 2125 1st Ave, #2105, Seattle, WA 98121 Owner Arne Nelson, 4423 193rd Ave SE, Issaquah, WA 98027 Parcel No. 3123059114. Corner of East Valley Road and SW 43,d Street, Renton, WA 98055 The applicant is requesting approval of a rezone and SEPA Environmental Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office {CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below). Option 1: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street (shown in yellow). Option 1: (subject site): 0.89 acre Option 2: 3.59 acres Option 3: 8.81 acres Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS) for all three options. Project Location Map ERCReport City of Renton Department of Communit" "·.Economic Development 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 Environmental Review Committee Repon LUAl6-000734 Page 2 of 6 4242 East Valley Road Rezone co co co ·Sillljett sile . . co , ,V I .,, ' ERC Report 16-000734 City of Renton Department of Communi 4242 EAST VALLEY ROAO REZONE Report of October 17, 2016 ·conomic Development PART ONE: PROJECT DESCRIPTION/ BACKGROUND Environmental Review Committee Report WA16-000734 Page 3 of 6 The applicant is requesting Environmental 'SEPA' Review as part of a Rezone request for one (1) parcel, totaling 38,740 square foot (0.89 acre), from Commercial Office (CO) to Commercial Arterial (CA) zoning. The property has a land use designation of Employment Area (EA) by the City's Comprehensive Plan. Both the CO and CA are implementing zones of the EA land use designation. Implementing zones of the EA designation allow "a mix of commercial and industrial uses" and "maintain a variety and balance of uses through zoning which promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial and office uses" (see Policy L-19 of the Land Use Element). The Commercial Office zone provides areas appropriate for professional, administrative, and business offices and related uses. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses within the zone, subject to special conditions. The Commercial Arterial zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Uses surrounding the subject site include: a restaurant/bar, a home improvement retail store, and two vehicle service/repair businesses to the north within the same block; East Valley Road immediately to the west followed by an entire block of CO-zoned properties with a mix offices, restaurants, and retail businesses; SW 43rd Street immediately to the south followed by the City of Kent and a wide range of commercial uses; and to the east lies a City of Renton lot with a utility building, followed by the right-of- way of State Route 167 (see Exhibits 1-2). Although the proposed rezone of the subject site meets the rezone criteria, the rezone of only the subject site would be considered "spot zoning," which is characterized as applying a zone to a specific parcel or small amount of land thereby granting certain privileges (i.e., allowed uses) that are not afforded to surrounding properties that share common characteristics (e.g., existing land use, access, geography, structures, etc.). Staff recommends expanding rezone consideration to adjacent properties (Option 2 and Option 3 shown in Exhibit 2-3) that have uses more appropriate for CA zoning and that also satisfy the rezone criteria. The CO zone is intended to serve professional, administrative, and business offices and related uses; yet most of the surrounding properties (notably those within staff-proposed Options 2 and 3) are used by retail and service businesses. Additionally, the subject site and properties within staff-proposed Options 2 and 3 are located along high-volume traffic corridors, and are therefore more suitable within the CA zone. The subject site, Option 2, and Option 3 are all ineligible sites for multi-family housing in both the CO and CA zones. Rezone approval would result in many existing nonconforming uses to be made conforming. Based on staff's review of businesses within Option 2 and Option 3, no businesses would be rendered nonconforming as a result of rezone approval. Staff was unable to identify any adverse effects that would be realized as a result of rezone approval of Option 2 or Option 3. As part of Renton's most recent Comprehensive Plan Update (Ordinance No. 5758) in 2015, the adopted amendments, land use map or zoning map updates were not subject to environmental review and analysis ERC Report 16-000734 City of Renton Department of CommunUy R, Economic Development 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 Environmental Review Committee Report LUA16-000734 Page 4 of 6 through an Environmental Impact Statement (EIS) process to adequately address the environmental impacts of the rezone prior to adoption; therefore, the rezone application is not exempt from State Environmental Policy Act (SEPA). I PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental {SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation B. C. D. Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a CNS with a 14-day Appeal Period. Mitigation Measures None Exhibits Exhibit 1: Rezone Vicinity Map (of subject site) Exhibit 2: Rezone Vicinity Map (of Options 2 & 3) Exhibit 3: Rezone Aerial Map Exhibit 4: Existing Zoning Map Exhibit 5: Proposed Zoning Map Short-Term Impacts The proposed rezone would not have any short-term impacts on the environment. As applicable, future development affected by this rezone would be required to address short-term impacts on the environment. E. Long-Term Impacts Most long-term impacts of this proposed action are expected to be minor. Impacts to the natural environment, transportation, public services, and utilities may increase slightly due to more intensive commercial uses allowed in the CA zone. However, because most of uses within those properties in Option 2 and Option 3 are nonconforming in the CO zone and would be allowed outright in the CA zone, any resulting environmental impacts have already been realized and therefore the rezone would not significantly increase impacts. These topics are discussed further in the Environmental Impacts Section (Section G). F. Land Use The following policy and goal of the City's Comprehensive Plan support the rezone: Policy L-19: Employment Areos -Ploce areas primarily used for industrial development, or a mix of commercial and industrial uses such as office, industrial, warehousing, and manufacturing, with access to transportation networks and transit, within the Employment Area (EA) Land Use ERC Report 16-000734 City of Renton Department of Communi 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 ·conomic Development Environmental Review Committee Report WA16-000734 Page 5 of 6 Designation. Employment Areas provide a significant economic development and employment base for the City. Maintain a variety and balance of uses through zoning which promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial and office uses. Goal L-K: Provide an energetic business environment for commercial activity providing a range of service, office, commercial, and mixed use residential uses that enhance the City's employment and tax base along arterial streets and in Centers. G. Environmental Impacts The proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the rezone. Staff reviewers have identified that the proposal is likely to have the following probable impacts. 1. Natural Environment Impacts: Although the CA zone allows more intensive commercial uses than the CO zone, most of the existing uses in Option 2 and 3 are those allowed under CA zoning, and therefore there will likely be no increase of adverse environmental impacts. Mitigation Measures: No further mitigation recommended. Nexus: N/A 2. Transportation Impacts: Although the CA zone allows more intensive commercial uses than the CO zone, most of the existing uses in Option 2 and 3 are those allowed under CA zoning, and therefore there will likely be no significant adverse impacts upon the transportation system. Mitigation Measures: No further mitigation recommended. Nexus: N/A 3. Fire & Police Impacts: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services. Mitigation Measures: No further mitigation recommended. Nexus: N/A 4. Public Services Impacts: Increases in demand for public services related to the proposal would be incremental with future development and would likely be slight, compared to the magnitude of public service demands in the city. No potential for significant adverse public service impacts is identified for this proposal. Mitigation Measures: No further mitigation recommended. Nexus: N/A 5. Utilities Impacts: Increases in demand for utilities related to the proposal would be incremental with future development and would likely be slight, compared to the magnitude of utility demands in this ERC Report 16-000734 City of Renton Department of Comm uni 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 ·conomic Development Environmental Review Committee Report LUA16-000734 Page 6 o/6 neighborhood of the city. If location specific utility capacity issues were identified through review of the future development proposal, it is likely that localized improvements to utility infrastructure could be made, which is the responsibility of the developer. This is considered a potential adverse impact that could be addressed in future site-specific development reviews. No potential for significant adverse utility impacts is identified for this proposal. Mitigation Measures: No further mitigation recommended. Nexus: N/A H. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ,/ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.Zl.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on November 4, 2016. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, {425) 430-6510. ERC Report 16-000734 Vicinity Map of Subject Site i I Lege~t~ and County Boundary . other ===========================================================: I ' CityofRenton ~ J) "' > -~ " " _; SW 4 '. st St SW 41~! St ~ -:r, SW 4 ~ st S: "C ~ > "' "' > '{) "' 16:'" AutomoliVe Repair Automotive Service Home Improvement Retail Restaurant/Bar ~ Veterinary ~ dinic Restau rants Retail Offices Restauranlslcafes ~I:, q,""'~---.. JJ "' ;;> .,: .:: -: :n 256 Restaurant SW 43rd St Renton _. ·-·---·-·-·-·---~-erii·- 0 128 256 Feet Retail Offices WGS_1984_Web_Mercator_Auxiliary_Sphere Paul Hintz phintz@Rentonwa.gov 09/27/2016 ,'$ ,4 vacant ., (,:,"' oflices SW 43rd St -----City utility building ~67 SW 43rd S: Exhibit 1 This map is a user generated static output from an lntemet mapping site and is for reference only. Data layers that appear on this map may or may not be acc:urate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION Parcels Notes Vicinity Map of Subject Site 0 City of .Rettto fl 0;) Finance & IT Division Denis Law Mayor October 20, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on October 17, 2016: SEPA DETERMINATION: PROJECT NAME: PROJECT NUMBER: Determination of Non-Significance (DNS) 4242 East Valley Road Rezone LUAlG-000734, ECF Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7436. For the Environmental Review Committee, Paul intz Senior Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers1 Department of Natural Resources Karen Walter1 Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler1 Office of Archaeology & Historic Preservation 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ------=::-::-:--------------Renton® ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE-(DNS) PROJECT NUMBER: LUA16-000734, ECF APPLICANT: Kaya Hasanoglu, 2125 1st Ave, #2105, Seattle, WA 98121 PROJECT NAME: 4242 East Valley Road Rezone PROJECT DESCRIPTION: The applicant is requesting approval of a rezone and SEPA Environmental Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office (CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below). Option 1: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street (shown in yellow). PROJECT LOCATION: LEAD AGENCY: Parcel No. 3123059114. Corner of East Valley Road and SW 43rd Street, Renton, WA 98055 City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 2016. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: OCTOBER 21, 2016 OCTOBER 17, 2016 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SIGNATURES: Community Services Department JQ/J7/J6 r r r Date ------==-=----=--------Renton® Rick M. Marshall, Administrator Fire & Emergency Services C.E. "Chip" Vine t, Administrator Department of Community & Economic Development I I I ~-1_'/<.,~· -- Date Date OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: 4242 East Valley Rezone LUAl&-000734, ECF PROJECT NUMBER: LOCATION: Description: PARCEL NO. 3123059114. CORNER OF EAST VAUEY ROAD AND SW 43'" STREET, RENTON, WA 98055 THE APPLICANT IS REQUESTING APPROVAL OF A REZONE AND SEPA ENVIRONMENTAL REVIEW FOR THE PROPERTY LOCATED AT 4242 EAST VALLEY ROAD (APN 3123059114). THE APPLICANT'S PROPERTY IS ROUGHLY 38,740 SQUARE FEET (0.89 ACRES) IN AREA. THE REZONE IS REQUESTED TO ALLOW RETAIL USES WITHIN THE EXISTING TWO-STORY COMMERCIAL BUILDING. THE SITE IS CURRENTLY ZONED COMMERCIAL OFFICE (CO), WHICH IS GENERALLY INTENDED TO ALLOW PROFESSIONAL, ADMINISTRATIVE AND BUSINESS OFFICES. THE APPLICANT HAS REQUESTED A REZONE TO COMMERCIAL ARTERIAL, WHICH GENERALLY PROVIDES FOR A WIDE-VARIETY OF RETAIL SALES, SERVICES, AND OTHER COMMERCIAL ACTIVITIES ALONG HIGH-VOLUME TRAFFIC CORRIDORS. IN RESPONSE TO THE APPLICATION FOR REZONE OF THE SUBJECT PROPERTY, STAFF HAS PROPOSED THAT THE SHADED AREA IN THE MAP SHOWN BELOW BE REZONED FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL ARTERIAL (CA). THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITTEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 201, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON NOVEMBER 15, 2016 AT 11:00AM TO CONSIDER THE REZONE. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 30" day of September, 2016, I deposited in the mails of the United States, a sealed envelope containing Notice of Application and Acceptance documents. This information was sent to: Name Representing Agencies See Attached Arne Nelson Applicant Owners See attached 300' Surrounding Property Owners See Attached ~ P\ML~ MM I'} Signature of Sender): 1-'1 G-\ TATE OF WASHINGTON ) s ) Ss 11,1, '{ PO i11,, COUNTY OF KING ) ·'.·""'""'' 11-~)1,1 sSIO/f~ 1 ' 1 o,: · ,:,. 'l. ,,, :.'It u• ~ I certify under penalty of perjury under the laws of the State of Wasn1ri~ t t~ foregoing is true and correct, . ,. I know or have satisfactory evidence that Sabrina Mirante -· • g signed this instrument and acknowledged it to be his/her/their f(e,::}l1&t'\1u (~j:t for the uses and purposes t . d · th · t t ·29-' lf:''.-men mne tn ems rumen . 11 1)111,m""'''..ii; <", g Jro w s'f'.\~ .$" A ,....._, •. 11,1 , , \ X . . . Dated: 4-0Waa 3c JOI i, I I My appointment expires: r Notary (Print): ___ ......:..Uv"""fJ/L.,__J.f.."_..c"'u._.,<.._,_..>------------ Ace, -c ,1 ;;).f 1 ;;;D/'r Project Name: 4242 East Valley Rezone Project Number: LUA16-000734, ECF, RZ template · affidavit of service by mailing Dept. of Ecology ** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers • u Depart. of Natural Resources PO Box 47015 Olympia, WA 98504· 7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jalaine Madura, Attn: SEPA Responsible Offictal 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology•• Attn: Misty Blair PO Box 47703 Olympia, WA 98504-7703 Duwamish Tribal Office• 4717 W Marginal Way SW seattle, WA 98106-1514 KC Wastewater Treatment Division • Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WDFW -Larry Fisher• 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker, Community Svcs. Mgr. 355 1101h Ave NE Mailstop EST llW Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal Liaison Mgr. 6905 South 228 1h St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept. ** Attn: Karen Walter or SEPA Reviewer 39015-172"d Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program •• Attn: Laura Murphy 39015 172nd Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program,.,. Attn: Erin Slaten 39015 172n<1 Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation• Attn: Gretchen Kaehler PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Charlene Anderson, AICP, ECO 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Jack Pace, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: If the Notice of Application states that it is an "Optional ONS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. ••oepartment of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address; sepaunit@ecy.wa.gov ~Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckteshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us / eri n .slate n@m uc kleshoot. ns n . us -+•oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template • affidavit of service by mailing Kana Properties LLC 330 SW 43rd St, D Renton. WA 98057 SOUTHLIND SQUARE LLC C/0 ANDOVER MANAGEMENT CO 415 B Tukwila, WA 98188 ARNE NELSON THE EVERGREEN MARKET Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton. WA 98055 Sandy Routos JAG ROUTOS LLC 23501 112th Ave SE, L103 Kent, WA 98031 Naka Properties 2125 1st Aves, #2105 Seattle. WA 98121 SOUTHLIND SQUARE LLC C/0 ANDOVER MANAGEMENT CO 415 B Tukwila. WA 98188 John Stokka 4000 East Valley Rd Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton. WA 98055 S & JYen LLC 8451 SE 68th St #200 Mercer Island, WA 98040 2 V COMPANY INC 3306 OLYMPIC BLVD W Universitv Place. WA 98466 Jonathan Wilson City of Renton 1055 S Grady Way Renton. WA 98057 Principal Real Estate Investments C/0 K 249 SW 41st St #K Renton. WA 98055 1253800170 1253800170 3623049001 4060 LIND AVE SW LLC 4060 LIND AVE SW LLC AMB PROPERTY CORP 300 SW 41ST ST 4060 Lind Ave SW 60 STATE ST STE 1200 RENTON, WA 98057 Renton, WA 98057 BOSTON, MA 2109 3623049002 3623049001 3623049001 AMB PROPERTY CORP AMB PROPERTY CORP AMB PROPERTY CORP 700 SW 41st St 1012 SW 41st St 800 SW 41st St Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3623049001 3623049001 3623049001 AMB PROPERTY CORP AMB PROPERTY CORP AMB PROPERTY CORP 820 SW 41st St 1010 SW 41st St 616 SW 41st St Renton,WA 98057 Renton, WA 98057 Renton, WA 980S7 3123059166 1253600030 3123059118 BOILEAU PROPERTIES SOUTHCEN CARMAX TAX DEPT CHEVRON TEXACO 9330 BALBOA AVE PO BOX 29965 PROPERTY TAX DEPT SAN DIEGO, CA 92123 RICHMOND, VA 23242 PO BOX 1392 BAKERSFIELD, CA 93302 3123059105 1253600040 1253600050 EAST VALLEY HIGHWAY LLC FOR NORTHWEST LLC HENKE LEIGH R 2737 78TH AVE SE STE 201 3023 80TH AVE SE SUITE 200 19104 SE 440TH ST MERCER ISLAND, WA 98040 MERCER ISLAND, WA 98040 ENUMCLAW, WA 98022 1253600050 3123059169 3123059011 Current Tenant IKEA NORTH AMERICA SERVICES JAG ROUTOS LLC 200 SW 41st St Suite 200 ATTN TAX DEPARTMENT 25402 212TH PL SE Renton,WA 98057 420 ALAN WOOD RD MAPLE VALLEY, WA 98038 CONSHOHOCKEN, PA 19428 3123059011 3926800040 3926800040 JAG ROUTOS LLC KANA PROPERTIES LLC Current Tenant 4100 East Valley Rd 11225 SE 6TH ST STE 215 101 SW 41st St Suite G Renton,WA 98057 BELLEVUE, WA 98004 Renton, WA 98057 3926800040 3926800040 3926800040 Current Tenant Current Tenant Current Tenant 101 SW 41st St Suite D 101 SW 41st St Suite J 101 SW 41st St Suite A Renton, WA 98057 Renton,WA 98057 Renton, WA 98057 3926800040 3926800040 3926800040 Current Tenant Current Tenant Current Tenant 101 SW 41st St Suite F 101 SW 41st St Suite H 101 SW 41st St Suite C Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3123059151 3123059121 3123059114 KENT CITY OF KNUDSON INVESTMENTS LLC NAKA PROPERTIES L LC 220 4TH AVES PO BOX 60196 2125 1ST AVE #2105 KENT, WA 98032 RENTON, WA 98058 SEATTLE, WA 98121 3123059167 3926800050 3926800050 ORILLASTATION LOT 2 LLC PRINCIPAL REAL ESTATE INVES PRINCIPAL REAL ESTATE INVES 3100 OCEAN ST C/0 KG INVESTMENT MGM NT 249 SW 41ST ST #K CARLSBAD, CA 92008 249 SW 41ST ST #K RENTON, WA 98055 RENTON, WA 98055 3926800060 3123059079 3123059007 PRINCIPAL REAL ESTATE INVES QG KENT LLC RENTON CITY OF C/0 KG INVESTMENT MGM NT 1809 7TH AVE STE 1400 1055 S GRADY WAY 249 SW 41ST ST #K SEATTLE,WA 98101 RENTON, WA 98055 RENTON, WA 98055 3123059007 3926800020 3123059092 RENTON CITY OF S & JYEN LLC SCRIPPS RENTON REALTY LLC 1055 S GRADY WAY C/0 AZOSE COMMERCIAL PROP 2211ST AVE W #405 RENTON, WA 98055 8451 SE 68TH ST #200 SEATTLE, WA 98119 MERCER ISLAND, WA 98040 3123059097 3926800080 3123059032 SKYLINE SERVICE STATIONS 3 SOUTH LIND SQUARE LLC STOKKAJOHN C/0 SKYLINE PACIFIC PROP C/0 ANDOVER MANAGEMENT CO C/0 KE ANDREWS & CO 221 PINE ST 4TH FLOOR 415 BAKER BLVD #200 1900 DALROCK RD SAN FRANCISCO, CA 94101 TUKWILA, WA 98188 ROWLETT, TX 75088 3123059109 3926800010 TIRUPATI INVESTMENTS LLC 2 V COMPANY INC 26220 116TH AVE SE #201 3306 OLYMPIC BLVD W KENT, WA 98030 UNIVERSITY PLACE, WA 98466 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 20'' day of October, 2016, I deposited in the mails of the United States, a sealed envelope containing ERC Determination and Notice documents. This information was sent to: Name Representing Agencies See Attached Kaya Hasanoglu Owner Arne Nelson Contact Surrounding Businesses Parties of Record A Signature of Sender): '\IQ. \;(;\ j I ~ 1\iv~A-\ V Q STATE OF WASHINGTON ) ) ss COUNTY OF KING ) --_,_. ·-~~..;..~ --~.,'?~:~,, -:!i~t~~~~~ 4242 East Valley Road Rezone ~tilcll!~ LUA16-000734, ECF template -affidavit of service by mailing De pt. of Eco logy • • Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers• Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers .... Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 9806S Metro Transit Senior Environmental Planner Gary Krledt 201 South Jackson Street KSC-TR-0431 Seattle1 WA 98104-3856 Seattle Public Utilities Jalaine Madura, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILING (ERC DETERMINATIONS) Dept. of Ecology • • Attn: Misty Blair PO Box 47703 Olympia, WA 98504-7703 Duwamish Tribal Office• 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division• Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WDFW -Larry Fisher• 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker, Community Svcs. Mgr. 355 l1Q1h Ave NE Mailstop EST 11W Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal Liaison Mgr. 6905 South 2281h St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept. •• Attn: Karen Walter or SEPA Reviewer 39015-172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program •• Attn: Laura Murphy 39015172nd Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program 0 Attn: Erin Slaten 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation• Attn: Gretchen Kaehler PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Charlene Anderson, AICP, ECO 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Jack Pace, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 •Note: If the Notice of Application states that it is an NOptional DNSN, the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. ••Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT1 & Notice to the following email address: sepaynit@ecy.wa.gov •• Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L e rin. s laten@muc kleshoot. ns n .us •••oepartment of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Kana Properties LLC 330 SW 43 rd St, 0 Renton, WA 98057 Z V COMPANY INC 3306 OLYMPIC BLVD W University Place. WA 98466 Attn ManaRer SOUTH LINO SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton, WA 98055 Sandy Routes JAG RO UTOS LLC 23501 112th Ave SE, L103 Kent, WA 98031 Naka Properties 2125 1st Aves, #210S Seattle, WA 98121 ARNE NELSON THE EVERGREEN MARKET 4423 193rd Ave E lssaauah, WA 98027 John Stokka 4000 East Valley Rd Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton, WA 98055 S & J Yen LLC 8451 SE 68th St #200 Mercer Island, WA 98040 Attn Manager SOUTHLIND SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Jonathan Wilson City of Renton 1055 S Grady Way Renton, WA 98057 Principal Real Estate Investments C/0 K< 249 SW 41st St #K Renton, WA 98055 , __ _ l?diiii!iiii;, On the 20th day of October, 2016, I deposited in the mails of the United States, a sealed envelope containing ERC Determination and Notice documents. This information was sent to: Agencies See Attached Kaya Hasanoglu Owner Arne Nelson Contact Surrounding Businesses Parties of Record (Signature of Sender): y'. ... , Ii ' I . . . I 't \ni j j •; 11 i • STATE OF WASHINGTON ) · ) ss COUNTY OF KING ) " Notary ( Print) : _ ___,,\""-"+1''=-'~~c....::· "'"-~----''---'---'--..:..-=-'-'-'+.,-,--'-'='-'-'-~"--- My appointment expires: y; \ :}-l[)-.c, \ )<,, 4242 East Valley Road Rezone LUA16-000734, ECF template -affidavit of service by mailing Dept. of Ecology """ Environmental Review Section PO Box47703 Olympia, WA 98504-7703 WSDOT Northwest Region • Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers • Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers • • • Depart. of Natural Resources PO Box 47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn; SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jalaine Madura, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LETTER MAILl, .. G (ERC DETERMINATIONS) Dept. of Ecology** Attn: Misty Blair PO Box47703 Olympia, WA 98504-7703 Duwamish Tribal Office• 4717 W Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division* Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WOFW -Larry Fisher* 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker, Community Svcs. Mgr. 355 110'" Ave NE Mailstop EST llW Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal Liaison Mgr. 6905 South 228'" St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept.** Attn: Karen Walter or SEPA Reviewer 39015-172'' Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program•• Attn: laura Murphy 39015 172nd Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program•• Attn: Erin Slaten 39015172ndAvenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation* Attn: Gretchen Kaehler PO Box 48343 Olympia, WA 98504-8343 City of Kent Attn: Charlene Anderson, AICP, ECD 220 Fourth Avenue South Kent, WA 98032-5895 City ofTukwila Jack Pace, Responsible Official 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ** Karen Walter, Laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / Laura.murphy@muckleshoot.nsn.us L erin .s laten@muckleshoot.nsn.us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Kana Properties LLC 330 SW 43rd St, D Renton, WA 98057 Z V COMPANY INC 3306 OLYMPIC BLVD W University Place. WA 98466 Attn Manager SOUTH LIND SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Principal Real Estate Investments C/0 KC 249 SW 41st St #K Renton. WA 98055 Sandy Routos JAG ROUTOS LLC 23501 112th Ave SE, L103 Kent. WA 98031 Naka Properties 2125 1st Aves, #2105 Seattle, WA 98121 ARNE NELSON THE EVERGREEN MARKET 4423 193rd Ave E Issaquah. WA 98027 John Stokka 4000 East Valley Rd Principal Real Estate Investments C/0 KC 249 SW 41st St #K Renton. WA 98055 S & J Yen LLC 8451 SE 68th St #200 Mercer Island, WA 98040 Attn Manager SOUTHLIND SQUARE LLC 415 Baker Blvd, #200 Tukwila, WA 98188 Jonathan Wilson City of Renton 1055 S Grady Way Renton, WA 98057 Principal Real Estate Investments C/0 KC 249 SW 41st St #K Renton. WA 98055 Denis Law Mayor October 20, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Arne Nelson 4423 193rd Ave SE Issaquah, WA 98027 SUBJECT: ENVIRONMENTAL THRESHOLD (SEPA} DETERMINATION 4242 East Valley Road Rezone, LUAlG-000734, ECF Dear Mr. Allen: This letter is written on behalf of the Environmental Review Committee (ERC) to advise you that they have completed their review of the subject project and have issued a threshold Determination of Non-Significance. Please refere to the enclosed ERC Report and Decision for more details. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. If the Environmental Determination is appealed, a public hearing date will be set and all parties notified. If you have any questions or desire clarification of the above, please call me at (425) 430-7436. For the Environmental Review Committee, Paul Hintz Senior Planner Enclosure cc: Naka Properties1 S&J Yen, LLC, Southlind Square, LLC Kana Properties, JAG Routes, LLC ZV Company Inc, KG Investment Co. / Owner(s) 1055 South Grady Way, Renton, WA 98057, rentonwa.gov -------~RentOil e OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE (DNS) POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: 4242 East Valley Rezone LUAlG-000734, ECF PROJECT NUMBER: LOCATION: Description: PARCEL NO. 3123059114. CORNER OF EAST VALLEY ROAD AND SW 43" STREET, RENTON, WA 98055 THE APPLICANT IS REQUESTING APPROVAL OF A REZONE AND SEPA ENVIRONMENTAL REVIEW FOR THE PROPERTY LOCATED AT 4242 EAST VALLEY ROAD (APN 3123059114). THE APPLICANT'S PROPERTY IS ROUGHLY 38,740 SQUARE FEET (0.89 ACRES) IN AREA. THE REZONE IS REQUESTED TO ALLOW RETAIL USES WITHIN THE EXISTING TWO-STORY COMMERCIAL BUILDING, THE SITE IS CURRENTLY ZONED COMMERCIAL OFFICE (CO), WHICH IS GENERALLY INTENDED TO ALLOW PROFESSIONAL, ADMINISTRATIVE AND BUSINESS OFFICES. THE APPLICANT HAS REQUESTED A REZONE TO COMMERCIAL ARTERIAL, WHICH GENERALLY PROVIDES FOR A WIDE-VARIETY OF RETAIL SALES, SERVICES, AND OTHER COMMERCIAL ACTIVITIES ALONG HIGH-VOLUME TRAFFIC CORRIDORS. IN RESPONSE TO THE APPLICATION FOR REZONE OF THE SUBJECT PROPERTY, STAFF HAS PROPOSED THAT THE SHADED AREA IN THE MAP SHOWN BELOW BE REZONED FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL ARTERIAL (CA). THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 201, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON NOVEMBER 15, 2016 AT 11:00AM TO CONSIDER THE REZONE. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION_ I Denis Law Mayor October 20, 2016 Community & Economic Development C. E. "Chip" Vincent, Administrator Washington State Department of Ecology Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 Subject: ENVIRONMENTAL (SEPA) THRESHOLD DETERMINATION Transmitted herewith is a copy of the Environmental Determination for the following project reviewed by the Environmental Review Committee (ERC) on October 17, 2016: SEPA DETERMINATION: Determination of Non-Significance (DNS) PROJECT NAME: 4242 East Valley Road Rezone PROJECT NUMBER: LUAlG-000734, ECF Appeals of the environmental determination must be filed in writing on or before S:00 p.m. on November 4, 2016, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information regarding the appeal process may be obtained from the City Clerk's Office, (425) 430-6510. Please refer to the enclosed Notice of Environmental Determination for complete details. If you have questions, please call me at (425) 430-7436. For the Environmental Review Committee, Paul intz Senior Planner Enclosure cc: King County Wastewater Treatment Division Boyd Powers, Department of Natural Resources Karen Walter, Fisheries, Muckleshoot Indian Tribe Melissa Calvert, Muckleshoot Cultural Resources Program Gretchen Kaehler, Office of Archaeology & Historic Preservation 1055 South Grady Way, Renton, WA 98057, rentonwa.gov Ramin Pazooki, WSDOT, NW Region Larry Fisher, WDFW Duwamish Tribal Office US Army Corp. of Engineers ------~RentOil €) OF ENVIRONMENTAL DETERMINATION ISSUANCE OF A DETERMINATION OF NONSIGNIFICANCE (DNS} POSTED TO NOTIFY INTERESTED PERSONS OF AN ENVIRONMENTAL ACTION PROJECT NAME: 4242 East Valley Rezone LUA16-000734, ECF PROJECT NUMBER: LOCATION: Description: PARCEL NO. 3123059114. CORNER OF EAST VALLEY ROAD AND SW 43•• STREET, RENTON, WA 98055 THE APPLICANT IS REQUESTING APPROVAL OF A REZONE AND SEPA ENVIRONMENTAL REVIEW FOR THE PROPERTY LOCATED AT 4242 EAST VALLEY ROAD (APN 3123059114). THE APPLICANT'S PROPERTY IS ROUGHLY 38,740 SQUARE FEET (0.89 ACRES) IN AREA. THE REZONE IS REQUESTED TO ALLOW RETAIL USES WITHIN THE EXISTING lWO-STORY COMMERCIAL BUILDING. THE SITE IS CURRENTLY ZONED COMMERCIAL OFFICE (CO), WHICH IS GENERALLY INTENDED TO ALLOW PROFESSIONAL, ADMINISTRATIVE AND BUSINESS OFFICES. THE APPLICANT HAS REQUESTED A REZONE TO COMMERCIAL ARTERIAL, WHICH GENERALLY PROVIDES FOR A WIDE-VARIETY OF RETAIL SALES, SERVICES, AND OTHER COMMERCIAL ACTIVITIES ALONG HIGH-VOLUME TRAFFIC CORRIDORS. IN RESPONSE TO THE APPLICATION FOR REZONE OF THE SUBJECT PROPERTY, STAFF HAS PROPOSED THAT THE SHADED AREA IN THE MAP SHOWN BELOW BE REZONED FROM COMMERCIAL OFFICE (CO) TO COMMERCIAL ARTERIAL (CA). THE CITY OF RENTON ENVIRONMENTAL REVIEW COMMITIEE (ERC) HAS DETERMINED THAT THE PROPOSED ACTION DOES NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 201, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of RMC 4-8-110 and information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. A PUBLIC HEARING WILL BE HELD BY THE RENTON HEARING EXAMINER AT HIS REGULAR MEETING IN THE COUNCIL CHAMBERS ON THE 7TH FLOOR OF CITY HALL, 1055 SOUTH GRADY WAY, RENTON, WASHINGTON, ON NOVEMBER 15, 2016 AT 11:00AM TO CONSIDER THE REZONE. IF THE ENVIRONMENTAL DETERMINATION IS APPEALED, THE APPEAL WILL BE HEARD AS PART OF THIS PUBLIC HEARING. FOR FURTHER INFORMATION, PLEASE CONTACT THE CITY OF RENTON, DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT AT (425) 430-7200. DO NOT REMOVE THIS NOTICE WITHOUT PROPER AUTHORIZATION I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION. I DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ----=::-::------=---------Renton® ENVIRONMENTAL (SEPA) DETERMINATION OF NON-SIGNIFICANCE-(DNS) PROJECT NUMBER: LUA16-000734, ECF APPLICANT: Kaya Hasanoglu, 2125 1st Ave, #2105, Seattle, WA 98121 PROJECT NAME: 4242 East Valley Road Rezone PROJECT DESCRIPTION: The applicant is requesting approval of a rezone and SEPA Environmental Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office (CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below). Option 1: rezone of the subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street (shown in yellow). PROJECT LOCATION: LEAD AGENCY: Parcel No. 3123059114. Corner of East Valley Road and SW 43rd Street, Renton, WA 98055 City of Renton Environmental Review Committee Department of Community & Economic Development The City of Renton Environmental Review Committee has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). This Determination of Non-Significance is issued under WAC 197-11-340. Because other agencies of jurisdiction may be involved, the lead agency will not act on this proposal for fourteen (14) days. Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 4, 2016. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, (425) 430-6510. PUBLICATION DATE: DATE OF DECISION: OCTOBER 21, 2016 OCTOBER 17, 2016 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SIGNATURES: Community Services Department 10/17/16 · r r• Date --------Renton® Riek M. Marshall, Administrator Fire & Emergency Services C.E. " hip" Vine t, Administrator Department of Community & Economic Development Date Date DEPARTMENT OF COMMUt AND ECONOMIC DEVELOPMENT R CITYO~ ~ -.. enton~ ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC MEETING DATE: Project Name: Project Number: Project Manager: Owner: Applicant: Contact: Project Location: Project Summary: Site Area: STAFF RECOMMENDATION: October 17, 2016 4242 East Valley Road Rezone LUA16-000734 Paul Hintz, Senior Planner Kaya Hasanoglu, 2125 1st Ave, #2105, Seattle, WA 98121 Owner Arne Nelson, 4423 193rd Ave SE, Issaquah, WA 98027 Parcel No. 3123059114. Corner of East Valley Road and SW 43rd Street, Renton, WA 98055 The applicant is requesting approval of a rezone and SEPA Environmental Review for the property located at 4242 East Valley Road (APN 3123059114). The applicant's property is roughly 38,740 square feet (0.89 acres) in area. The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office (CO), which is generally intended to allow professional, administrative and business offices. The applicant has requested a rezone to Commercial Arterial, which generally provides for a wide-variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Staff considered three options in response to the application (refer to the map below). Option 1: rezone ofthe subject site (shown in red) from CO to CA; Option 2: rezone of the subject site and other parcels within the block (shown in green) from CO to CA; and Option 3: rezone of the subject site (red), the other parcels within the block (green), and the three parcels within the adjacent block to the west that abut SW 43rd Street (shown in yellow). Option 1: (subject site): 0.89 acre Option 2: 3.59 acres Option 3: 8.81 acres Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS) far all three options. Project Location Map ERCReport City of Renton Department of Community & Economic Development 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 Environmental Review Committee Report LUA16-000734 Page 2 of 6 4242 East Valley Road Rezone co co ERC Report 16-000734 City of Renton Deportment of Community & 4242 EA5T VALLEY ROAD REZONE Report of October 17, 2016 omic Development PART ONE: PROJECT DESCRIPTION/ BACKGROUND nvironmental Review Committee Report LUA16-000734 Page 3 of 6 The applicant is requesting Environmental 'SEPA' Review as part of a Rezone request for one (1) parcel, totaling 38,740 square foot (0.89 acre), from Commercial Office (CO) to Commercial Arterial (CA) zoning. The property has a land use designation of Employment Area (EA) by the City's Comprehensive Plan. Both the CO and CA are implementing zones of the EA land use designation. Implementing zones of the EA designation allow "a mix of commercial and industrial uses" and "maintain a variety and balance of uses through zoning which promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial and office uses" (see Policy L-19 of the Land Use Element). The Commercial Office zone provides areas appropriate for professional, administrative, and business offices and related uses. In addition, a mix of limited retail and service uses may be allowed to primarily support other uses within the zone, subject to special conditions. The Commercial Arterial zone provides for a wide variety of retail sales, services, and other commercial activities along high-volume traffic corridors. Uses surrounding the subject site include: a restaurant/bar, a home improvement retail store, and two vehicle service/repair businesses to the north within the same block; East Valley Road immediately to the west followed by an entire block of CO-zoned properties with a mix offices, restaurants, and retail businesses; SW 43rd Street immediately to the south followed by the City of Kent and a wide range of commercial uses; and to the east lies a City of Renton lot with a utility building, followed by the right-of- way of State Route 167 (see Exhibits 1-2). Although the proposed rezone ofthe subject site meets the rezone criteria, the rezone of only the subject site would be considered "spot zoning," which is characterized as applying a zone to a specific parcel or small amount of land thereby granting certain privileges (i.e., allowed uses) that are not afforded to surrounding properties that share common characteristics (e.g., existing land use, access, geography, structures, etc.). Staff recommends expanding rezone consideration to adjacent properties (Option 2 and Option 3 shown in Exhibit 2-3) that have uses more appropriate for CA zoning and that also satisfy the rezone criteria. The CO zone is intended to serve professional, administrative, and business offices and related uses; yet most of the surrounding properties (notably those within staff-proposed Options 2 and 3) are used by retail and service businesses. Additionally, the subject site and properties within staff-proposed Options 2 and 3 are located along high-volume traffic corridors, and are therefore more suitable within the CA zone. The subject site, Option 2, and Option 3 are all ineligible sites for multi-family housing in both the CO and CA zones. Rezone approval would result in many existing nonconforming uses to be made conforming. Based on staff's review of businesses within Option 2 and Option 3, no businesses would be rendered nonconforming as a result of rezone approval. Staff was unable to identify any adverse effects that would be realized as a result of rezone approval of Option 2 or Option 3. As part of Renton's most recent Comprehensive Plan Update (Ordinance No. 5758) in 2015, the adopted amendments, land use map or zoning map updates were not subject to environmental review and analysis ERC Report 16-000734 City of Renton Deportment of Community & Economic Development 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 Environmental Review Committee Report LUA16-000734 Page4of6 through an Environmental Impact Statement (EIS) process to adequately address the environmental impacts of the rezone prior to adoption; therefore, the rezone application is not exempt from State Environmental Policy Act (SEPA). I PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day Appeal Period. B. Mitigation Measures None C. Exhibits Exhibit 1: Rezone Vicinity Map (of subject site) Exhibit 2: Rezone Vicinity Map (of Options 2 & 3) Exhibit 3: Rezone Aerial Map Exhibit 4: Existing Zoning Map Exhibit 5: Proposed Zoning Map D. Short-Term Impacts The proposed rezone would not have any short-term impacts on the environment. As applicable, future development affected by this rezone would be required to address short-term impacts on the environment. E. Long-Term Impacts Most long-term impacts of this proposed action are expected to be minor. Impacts to the natural environment, transportation, public services, and utilities may increase slightly due to more intensive commercial uses allowed in the CA zone. However, because most of uses within those properties in Option 2 and Option 3 are nonconforming in the CO zone and would be allowed outright in the CA zone, any resulting environmental impacts have already been realized and therefore the rezone would not significantly increase impacts. These topics are discussed further in the Environmental Impacts Section (Section G). F. Land Use The following policy and goal ofthe City's Comprehensive Plan support the rezone: Policy L-19: Employment Areas -Place areas primarily used for industrial development, or a mix of commercial and industrial uses such as office, industrial, warehousing, and manufacturing, with access to transportation networks and transit, within the Employment Area (EA) Land Use ERC Report 16-000734 City of Renton Department of Community & 4242 EAST VALLEY ROAO REZONE Report of October 17, 2016 Jmic Development Jvironmental Review Committee Report LUA16-000734 Page 5 of 6 Designation. Employment Areas provide a significant economic development and employment base for the City. Maintain a variety and balance of uses through zoning which promotes the gradual transition of uses on sites with good access and visibility to more intensive commercial and office uses. Goal L-K: Provide an energetic business environment for commercial activity providing a range of service, office, commercial, and mixed use residential uses that enhance the City's employment and tax base along arterial streets and in Centers. G. Environmental Impacts The proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the rezone. Staff reviewers have identified that the proposal is likely to have the following probable impacts. 1. Natural Environment Impacts: Although the CA zone allows more intensive commercial uses than the CO zone, most of the existing uses in Option 2 and 3 are those allowed under CA zoning, and therefore there will likely be no increase of adverse environmental impacts. Mitigation Measures: No further mitigation recommended. Nexus:N/A 2. Transportation Impacts: Although the CA zone allows more intensive commercial uses than the CO zone, most of the existing uses in Option 2 and 3 are those allowed under CA zoning, and therefore there will likely be no significant adverse impacts upon the transportation system. Mitigation Measures: No further mitigation recommended. Nexus:N/A 3. Fire & Police Impacts: Police and Fire Prevention staff indicated that sufficient resources exist to furnish services. Mitigation Measures: No further mitigation recommended. Nexus: N/A 4. Public Services Impacts: Increases in demand for public services related to the proposal would be incremental with future development and would likely be slight, compared to the magnitude of public service demands in the city. No potential for significant adverse public service impacts is identified for this proposal. Mitigation Measures: No further mitigation recommended. Nexus: N/A 5. Utilities Impacts: Increases in demand for utilities related to the proposal would be incremental with future development and would likely be slight, compared to the magnitude of utility demands in this ERC Repon 16-000734 City of Renton Deportment of Community & 4242 EAST VALLEY ROAD REZONE Report of October 17, 2016 omic Development nvironmental Review Committee Report LUA16-000734 Page 6 of 6 neighborhood of the city. If location specific utility capacity issues were identified through review of the future development proposal, it is likely that localized improvements to utility infrastructure could be made, which is the responsibility of the developer. This is considered a potential adverse impact that could be addressed in future site-specific development reviews. No potential for significant adverse utility impacts is identified for this proposal. Mitigation Measures: No further mitigation recommended. Nexus: N/A H. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or "Advisory Notes to Applicant." ../ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing together with the required fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, on or before 5:00 p.m. on November 4, 2016. RMC 4-8-110 governs appeals to the Hearing Examiner and additional information regarding the appeal process may be obtained from the City Clerk's Office, Renton City Hall -7th Floor, (425) 430-6510. ERC Report 16-000734 Department of Comm Economic Development ·ty and NOTICE OF ENVIRONMENTAL DETERMINATION ENVIRONMENTAL REVIEW COMMIITEE AND PUBLIC HEARING RENTON, WASHINGTON The Environmental Review Committee has issued a Determination of Non-Significance (DNS) for the following project under the authority of the Renton municipal code. 4242 East Valley Rd Rezone LUA16-000734 Location: 4242 East Valley Rd. Requested rezone for the property located at 4242 East Valley Road (APN 3123059114). The rezone is requested to allow retail uses within the existing two-story commercial building. The site is currently zoned Commercial Office (CO). The applicant has requested a rezone to Commercial Arterial (CA). Staff proposes denial of the rezone unless other parcels within the block and parcels located within the adjacent block to the west along SW 43rd Street are also rezoned from CO to CA. Appeals of the DNS must be filed in writing on or before S:00 p.m. on November 04, 2016. Appeals must be filed in writing together with the required fee with: Hearing Examiner c/o City Clerk, City of Renton, 1055 S Grady Way, Renton, WA 98057. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and more information may be obtained from the Renton City Clerk's Office, 425-430-6510. A Public Hearing will be held by the Hearing Examiner in the Council Chambers, City Hall, on November 15, 2016 at 11:00 am to consider the submitted application. If the DNS is appealed, the appeal will be heard as part of this public hearing. Interested parties are invited to attend the public hearing. Publication Date: October 21, 2016 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT· PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 30th day of September, 2016, I deposited in the mails of the United States, a sealed envelope containing Notice of Application and Acceptance documents. This information was sent to: .: . •,,. ', ;,<, ' ,:.,,. Name·', \ii· :;,."H' ·" ; . .... . ... ii ..•. ', ·,•, .•. .. ;,. ., . '.,,;i;,,;'.;ii;, . "? .. Representing .'. 1 ;; ii:(."'."'"'.,::·:·'" .,· .·o' ::;<,,-·i:,--- Agencies See Attached Arne Nelson Applicant Owners See attached 300' Surrounding Property Owners See Attached - \~~ {fftlJ/i .~ r; Signature of Sender): ;-' s TATE OF WASHINGTON ) \j" ) 55 · .·., ·""'' '{ PC>t,i). ,,,, COUNTY OF KING ) -:,""""" ~..l\11, . ; "''°" ···•· 'l': 'I. ., , ~,IP~ I certify under penalty of perjury under the laws of the State of Waslil~~ t t~ foregoing is true and correct, I know or have satisfactory evidence that Sabrina Mirante -· -! signed this instrument and acknowledged it to be his/her/their fre{~f~lu '#..ffet for the uses and purposes mentioned in the instrument. · __ ''11\li,~;l~ (, ~ . ,,,. ·'''" -:-, . WAS"' ~ ' -. ,,,, )'.JI' \. Notary (Print): _____ /+._,_·I_L,,_, _f.......,c-J~L~'<=• .... >-------------- My appointment expires: A,qc,, 1 ;if, c).Oi 7' 4242 East Valley Rezone template -affidavit of service by mailing Dept. of Ecology** Environmental Review Section PO Box 47703 Olympia, WA 98504-7703 WSDOT Northwest Region * Attn: Ramin Pazooki King Area Dev. Serv., MS-240 PO Box 330310 Seattle, WA 98133-9710 US Army Corp. of Engineers* Seattle District Office Attn: SEPA Reviewer PO Box C-3755 Seattle, WA 98124 Boyd Powers * * * Depart. of Natural Resources PO Box47015 Olympia, WA 98504-7015 KC Dev. & Environmental Serv. Attn: SEPA Section 35030 SE Douglas St. #210 Snoqualmie, WA 98065 Metro Transit Senior Environmental Planner Gary Kriedt 201 South Jackson Street KSC-TR-0431 Seattle, WA 98104-3856 Seattle Public Utilities Jalaine Madura, Attn: SEPA Responsible Official 700 Fifth Avenue, Suite 4900 PO Box 34018 Seattle, WA 98124-4018 AGENCY (DOE) LEITER MAILING (ERC DETERMINATIONS) Dept. of Ecology*"' Attn: Misty Blair PO Box47703 Olympia, WA 98504-7703 Duwamish Tribal Office* 4717 w Marginal Way SW Seattle, WA 98106-1514 KC Wastewater Treatment Division * Environmental Planning Supervisor Ms. Shirley Marroquin 201 S. Jackson ST, MS KSC-NR-050 Seattle, WA 98104-3855 WDFW -Larry Fisher* 1775 12th Ave. NW Suite 201 Issaquah, WA 98027 City of Newcastle Attn: Tim McHarg Director of Community Development 12835 Newcastle Way, Ste 200 Newcastle, WA 98056 Puget Sound Energy Wendy Weiker, Community Svcs. Mgr. 355 110'" Ave NE Mailstop EST llW Bellevue, WA 98004 Puget Sound Energy Doug Corbin, Municipal liaison Mgr. 6905 South 228'" St Kent, WA 98032 Muckleshoot Indian Tribe Fisheries Dept.** Attn: Karen Walter or SEPA Reviewer 39015 -172nd Avenue SE Auburn, WA 98092 Muckleshoot Cultural Resources Program ** Attn: Laura Murphy 39015 172nd Avenue SE Auburn, WA 98092-9763 Muckleshoot Cultural Resources Program** Attn: Erin Slaten 39015 172nd Avenue SE Auburn, WA 98092-9763 Office of Archaeology & Historic Preservation* Attn: Gretchen Kaehler PO Box48343 Olympia, WA 98504-8343 City of Kent Attn: Charlene Anderson, AICP, ECD 220 Fourth Avenue South Kent, WA 98032-5895 City of Tukwila Jack Pace, Responsible Offi~ial 6200 Southcenter Blvd. Tukwila, WA 98188 *Note: If the Notice of Application states that it is an "Optional DNS", the marked agencies and cities will need to be sent a copy of the Environmental Checklist, Site Plan PMT, and the Notice of Application. **Department of Ecology is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email address: sepaunit@ecy.wa.gov ** Karen Walter, laura Murphy and Erin Slaten with the Muckleshoot Indian Tribe Fisheries Dept. are emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice to the following email addresses: KWalter@muckleshoot.nsn.us / laura.murphy@muckleshoot.nsn.us / erin .slaten@m uckleshoot. nsn. us ***Department of Natural Resources is emailed a copy of the Environmental Checklist, Site Plan PMT, & Notice the following email address: sepacenter@dnr.wa.gov template -affidavit of service by mailing Kana Properties LLC 330 SW 43rd St, D Renton, WA 98057 SOUTH LIND SQUARE LLC C/0 ANDOVER MANAGEMENT CO 415 B Tukwila, WA 98188 ARNE NELSON THE EVERGREEN MARKET Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton, WA 98055 Sandy Routes JAG ROUTOS LLC 23501 112th Ave SE, Ll03 Kent. WA 98031 Naka Properties 2125 1st Ave S, #2105 Seattle, WA 98121 SOUTHLIND SQUARE LLC C/0 ANDOVER MANAGEMENT CO 415 B Tukwila. WA 98188 John Stokka 4000 East Valley Rd Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton, WA 98055 S & J Yen LLC 8451 SE 68th St #200 Mercer Island. WA 98040 Z V COMPANY INC 3306 OLYMPIC BLVD W University Place. WA 98466 Jonathan Wilson City of Renton 1055 S Grady Way Renton, WA 98057 Principal Real Estate Investments C/0 K( 249 SW 41st St #K Renton, WA 98055 1253800170 1253800170 3623049001 4060 LIND AVE SW LLC 4060 LIND AVE SW LLC AMS PROPERTY CORP 300 SW 41ST ST 4060 Lind Ave SW 60 STATE ST STE 1200 RENTON, WA 98057 Renton, WA 98057 BOSTON, MA 2109 3623049002 3623049001 3623049001 AMB PROPERTY CORP AMB PROPERTY CORP AMB PROPERTY CORP 700 SW 41st St 1012 SW 41st St 800 SW 41st St Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3623049001 3623049001 3623049001 AMS PROPERTY CORP AMB PROPERTY CORP AMB PROPERTY CORP 820 SW 41st St 1010 SW 41st St 616 SW 41st St Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3123059166 1253600030 3123059118 BOILEAU PROPERTIES SOUTHCEN CAR MAX TAX DEPT CHEVRON TEXACO 9330 BALBOA AVE PO BOX 29965 PROPERTY TAX DEPT SAN DIEGO, CA 92123 RICHMOND, VA 23242 PO BOX 1392 BAKERSFIELD, CA 93302 3123059105 1253600040 1253600050 EAST VALLEY HIGHWAY LLC FOR NORTHWEST LLC HENKE LEIGH R 2737 78TH AVE SE STE 201 3023 80TH AVE SE SUITE 200 19104 SE 440TH ST MERCER ISLAND, WA 98040 MERCER ISLAND, WA 98040 ENUMCLAW, WA 98022 1253600050 3123059169 3123059011 Current Tenant IKEA NORTH AMERICA SERVICES JAG ROUTOS LLC 200 SW 41st St Suite 200 ATIN TAX DEPARTMENT 25402 212TH PL SE Renton, WA 98057 420 ALAN WOOD RD MAPLE VALLEY, WA 98038 CONSHOHOCKEN, PA 19428 3123059011 3926800040 3926800040 JAG ROUTOS LLC KANA PROPERTIES LLC Current Tenant 4100 East Valley Rd 11225 SE 6TH ST STE 215 101 SW 41st St Suite G Renton, WA 98057 BELLEVUE, WA 98004 Renton, WA 98057 3926800040 3926800040 3926800040 Current Tenant Current Tenant Current Tenant 101 SW 41st St Suite D 101 SW 41st St Suite J 101 SW 41st St Suite A Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3926800040 3926800040 3926800040 Current Tenant Current Tenant Current Tenant 101 SW 41st St Suite F 101 SW 41st St Suite H 101 SW 41st St Suite C Renton, WA 98057 Renton, WA 98057 Renton, WA 98057 3123059151 3123059121 3123059114 KENT CITY OF KNUDSON INVESTMENTS LLC NAKA PROPERTIES LL C 220 4TH AVES PO BOX 60196 2125 1ST AVE #2105 KENT, WA 98032 RENTON, WA 98058 SEATILE, WA 98121 3123059167 3926800050 3926800050 ORILLA STATION LOT 2 LLC PRINCIPAL REAL ESTATE INVES PRINCIPAL REAL ESTATE INVES 3100 OCEAN ST C/0 KG INVESTMENT MGM NT 249 SW 41ST ST #K CARLSBAD,CA 92008 249 SW 41ST ST #K RENTON, WA 98055 RENTON, WA 98055 3926800060 3123059079 3123059007 PRINCIPAL REAL ESTATE INVES QG KENT LLC RENTON CITY OF C/0 KG INVESTMENT MGM NT 1809 7TH AVE STE 1400 1055 S GRADY WAY 249 SW 41ST ST #K SEATTLE, WA 98101 RENTON, WA 98055 RENTON, WA 98055 3123059007 3926800020 3123059092 RENTON CITY OF S & J YEN LLC SCRIPPS RENTON REALTY LLC 1055 S GRADY WAY C/0 A20SE COMMERCIAL PROP 2211ST AVE W #405 RENTON, WA 98055 8451 SE 68TH ST #200 SEATTLE, WA 98119 MERCER ISLAND, WA 98040 3123059097 3926800080 3123059032 SKYLINE SERVICE STATIONS 3 SOUTHLIND SQUARE LLC STOKKA JOHN C/0 SKYLINE PACIFIC PROP C/0 ANDOVER MANAGEMENT CO C/0 KE ANDREWS & CO 221 PINE ST 4TH FLOOR 415 BAKER BLVD #200 1900 DALROCK RD SAN FRANCISCO, CA 94101 TUKWILA, WA 98188 ROWLETT, TX 75088 3123059109 3926800010 TIRUPATI INVESTMENTS LLC Z V COMPANY INC 26220 116TH AVE SE #201 3306 OLYMPIC BLVD W KENT, WA 98030 UNIVERSITY PLACE, WA 98466 Denis Law Mayor Community & Economic Development C. E. "Chip" Vincent, Administrator September 30, 2016 Arne Nelson 4423 193rd Ave SE Issaquah, WA 98027 Subject: Notice of Complete Application 4242 East Valley Rd Rezone, LUAlG-000734, ECF, RZ Dear Mr. Nelson: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. It is tentatively scheduled for consideration by the Environmental Review Committee on October 17, 2016. Prior to that review, you will be notified if any additional information is required to continue processing your application. In addition, this matter is tentatively scheduled for a Public Hearing on November 15, 2016 at 11:00 am, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. The applicant or representative(s) of the applicant are required to be present at the public hearing. A copy of the staff report will be mailed to you prior to the scheduled hearing. Please contact me at (425) 430-7246 if you have any questions. Sincerely, Paul Hintz Senior Planner cc: Naka Properties, S&J Yen, LLC, Southlind Square, LLC Kana Properties, JAG Routes, LLC 'lV Company Inc, KG Investment Co. / Owner(s) 1055 South Grady Way, Renton, WA 98057 • rentonwa.gov ~entOil© NOTICE OF APPLICATION AND PROPOSED DETERMINATION OF NON-SIGNIFICANCE-MITIGATED (DNS} A Master Application has been filed and accepted with the Department of Community & Economic Development (CED)-Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. DATE OF NOTICE OF APPLICATION: LAND USE NUMBER: PROJECT NAME: PROJECT DESCRIPTION: PROJECT LOCATION: September 30, 2016 LUA16-000734, ECF, RZ 4242 East Valley Rd Rezone 4242 East Valley Rd Rezone. Rezone property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use 4242 East Valley Rd, 101 SW 41", 4000, 4096, 4100, 4224, East Valley Rd, 4208 Lind Ave SW, OPTIONAL DETERMINATION OF NON-SIGNIFICANCE (DNS): As the Lead Agency, the City of Renton has determined that significant environmental impacts are unlikely to result from the proposed project. Therefore, as permitted under the RCW 43.21C.110, the City of Renton is using the Optional DNS process to give notice that a DNS is likely to be issued. Comment periods for the project and the proposed DNS are integrated into a single comment period. There will be no comment period following the issuance of the Threshold Determination of Non-Significance (DNS). This may be the only opportunity to comment on the environmental impacts of the proposal. A 14-day appeal period will follow the issuance of the DNS. PERMIT APPLICATION DATE: NOTICE OF COMPLETE APPLICATION: September 21, 2016 September 30, 2016 APPLICANT/PROJECT CONTACT PERSON: Paul Hintz, Senior Planner/City of Renton/1055 S Grady Way/ Renton, WA 98057/ 425-430-7436/ phintz@rentonwa.gov Permits/Review Requested: Other Permits which may be required: Requested Studies: Location where application may be reviewed: PUBLIC HEARING: Environmental (SEPA) Review, Rezone N/A N/A Department of Community & Economic Development (CED)-Planning Division, Sixth Floor Renton City Hall, 10SS South Grady Way, Renton, WA 98057 Public hearing is tentatively scheduled for November 15, 2016 before the Renton Hearing Examiner in Renton Council Chambers at 11:00 am on the 7th floor of Renton City Hall located at 1055 South Grady Way. If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, CED -Planning Division, 1055 So. Grady Way, Renton, WA 98057. Name/File No.: Error! Reference source not found./Errorl Reference source not found. NAME:---------------------------------- MAILING ADDRESS: _______________ City/State/Zip: __________ _ TELEPHONE NO.: -------------- CONSISTENCY OVERVIEW: Zoning/Land Use: Environmental Documents that Evaluate the Proposed Project: The subject site is designated Employment Area on the City of Renton Comprehensive Land Use Map and Commercial Office proposed to be rezoned to Commercial Arterial on the City's Zoning Map. Environmental (SEPA) Checklist Comments on the above application must be submitted in writing to Paul Hintz , Senior Planner, CED -Planning Division, 1055 South Grady Way, Renton, WA 98057, by S:00 PM on October 14, 2016. This matter is also tentatively scheduled for a public hearing on November 15, 2016 at 11:00 am, Council Chambers, Seventh Floor, Renton City Hall, 1055 South Grady Way, Renton. If you are interested in attending the hearing, please contact the Planning Division to ensure that the hearing has not been rescheduled at (425) 430-6578. Following the issuance of the SEPA Determination, you may still appear at the hearing and present your comments regarding the proposal before the Hearing Examiner. If you have questions about this proposal, or wish to be made a party of record and receive additional information by mail, please contact the project manager. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. CONTACT PERSON: Paul Hintz, Senior Planner; Tel: {425} 430-7436; Eml: phintz@rentonwa.gov PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION !:""--.. ~~:;mi iil!l!IIIJTMTF DEPARTMENT OF COMMUNI .. AND ECONOMIC DEVELOPMENT ---------Renton 9 Planning Division LAND USE PERMIT MA STER APP .. ICATION PROPERTY OWNER(S) NAME:Kaya Hasanoglu ADDRESS:2125 1st Ave #2105 CITY: Seattle ZIP: 98121 TELEPHONE NUMBER: (206) 396-6388 APPLICANT (if other than owner) NAME: COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER: CONTACT PERSON NAME:Arne Nelson COMPANY (if applicable}: NA ADDRESS:4423 193rd Ave SE CITY: Issaquah ZIP: 98027 TELEPHONE NUMBER AND EMAIL ADDRESS: (206) 852-7155 l H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Applicat PROJECT NFORMATION PROJECT OR DEVELOPM ENT NAME: Rezone 4242 East V, lley Road PROJECT/ADDRESS(S)/L 4242 East Valley RD, 98057 CATION AND ZIP CODE: KING COUNTY ASSESSO,'S ACCOUNT NUMBER(S): Parcel# 3123059114 1 ! i EXISTING LAND USE(S): Commercial Office PROPOSED LAND USE(S) Commercial Office an j retail EXISTING COMPREHENSI VE PLAN MAP DESIGNATION: (EA) Employment Area PROPOSED COMPREHEN SIVE PLAN MAP DESIGNATION (if a~plicable) (EA Employment Area EXISTING ZONING: (CO) Commercial Office I PROPOSED ZONING (if applicable): (CA) Commercial Arterial SITE AREA (in square feet): 38,740 SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: Zero NA Rezone only• SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: NA I ACRE (if applicable) PROPOSED RESIDENTIAi DENSITY IN UNITS PER NET NA Rezone only NUMBER OF PROPOSED OTS (if applicable) NA Rezone only NUMBER OF NEW DWELL ING UNITS (if applicable): NA Rezone only ion.doc Rev:08/2015 PROJECT INFORMATION (continued), NUMBER OF g)(ISTING DWELLING UNITS (if applicable): PROJECT VALUE: NA NA ' ' SQUARE FOOtAGE OF PROPOSED RESIDENTIAL BUILDINGS (if ~pplicable): NA IS THE SITE LOCATED Ii ANY TYPE OF ENVIRONMENTALLY CRI ICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if ap licable): SQUARE FO°J'AGE OF EXISTING RESIDENTIAL BUILDINGS T ' REMAIN (if applicable): None D '°"""' ''°i°""" "" °"' SQUARE FOOtAGE OF PROPOSED NON-RESIDENTIAL D AQUIFIER PROT CTION AREA TWO BUILDINGS (if ~pplicable): NA no proposed buildings D FLOOD HAZARD ~REA NA sq. ft. ' SQUARE FOOtAGE OF EXISTING NON-RESIDENTIAL GEOLOGIC HAZI NA BUILDINGS TO REMAIN (if applicable): NA D RD sq. fl. NET FLOOR Af!l_EA ON NON-RESIDENTIAL BUILDINGS (if D HABITAT CONSE ~VATION NA sq. ft. applicable): NP\ D SHORELINE STR :AMS&LAKES NA sq. fl. NUMBER OF Er,IPLOYEES TO BE EMPLOYED BY THE NEW NA PROJECT (if a~plicable): NA D WETLANDS sq. fl. i LEGAL DESCRIPTION OF PROPERTY {Attach legal description on separate sheet with the following infon nation included) SITUATE IN [fHE QUARTER OF SECTION_, TOWNSHIP __ , ~NGE __ , IN THE CITY OF RENTO~, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I ( t7 .. .,~ l-L'--' I, (Print Name/s) · ,/ · ,, a ,._,, IJ,1-.l::;4, rr-' ff.fl8re under penalty of pe~ury und~ laws of the State of Washington thal I am (p check one) e current owner of the property involved in this applittion or LJ the authorized representative tq ad for a corporation (please attach proof of authorization) and that the foregoing sta ements and answers herein contained and t~e information herewith are in all respeds true and correct to the best of my knowledg and belief. ' ' COUNTY OF KING Dated DESIREE L. DIETZMAN NOTARY PUBLIC STA11E OF WASHINGTON C()MMISSION EXPIRES DECEMBER 30. 2016 /(2-i/16 e I I Signature of Owner/Represe tative Date gned this instrument and ment. Notary Public in and for the State of Wa hington ~& ch Lb eJzJ/hekJ N ary (Print): ' My appointment expires: l\oC\frolay 3Q I W1 [ 2 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Master Application.doc Rev: 08/2015 Project Narrative Project lllarm Rezone of 4242 East Vallev Road Location 4242 East Valley Road, Renton WA 98057 Purpose Rezone of property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use. Current use of site Previously office use, presently vacant. Existing two story building. Special Site Features No wet lands, bodies of water or steep slope Soil Statement and Drainage Rezone only no soil disturbance or impact on drainage Proposed use and scope Rezone only to allow for retail use, no changes to property or building Plats Current parcel# 3123059114, no change in density, or net lot area or new lots Access Two access points. No changes to access points. L Access point in North East corner of property along S 180"' St, currently blocked from use by bollards. 2. Access point in North West corner of property along E Valley Rd. Currently primary access point to property. Proposed Off-site improvements No proposed onsite of offsite improvements Construction costs No proposed construction, rezone only Excavation or fill No excavation or fill proposed Trees removed No trees to be removed Land dedicated to the city No land dedicated to the city Job Shacks, sales trailers or model homes None proposed Proposed modifications to site or buildings No modifications to site or building proposed Location to streams or wetland Not located within a 100 feet of stream or wetland Project not located with 200-feet of Black River, Cedar River, Springbrook Creek, May Creek or Lake Washington Assessor Map Project Name Rezone of 4242 East Valley Road Location 4242 East Valley Road, Renton WA 98057 Purpose Rezone of property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use. --_:, ., -. ·.··---!-·~--'~-~-·· ,, ., ,..__ --. , .. -.-. \ ,-, . -··~- ------- --• r•, • • ' . .. . •, \.--·"C.---' ·"7• '"'._:h.:, . \ ::_~-· ,,. '---!- .... ,· ~_.::_ ..J ·; -::,.. -: Legal Description Project Name Rezone of 4242 East Valley Road Location 4242 East Valley Road, Renton WA 98057 Parcel Number 312305-9114 Purpose Rezone of property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use Legal Description of property per King County Department of Assessments POR OF NE 1/4 OF NW 1/4 LYE OF ST HWY# 5 & LY S OF LN 200 FT N OF & PLW C/L S 180TH ST LESS CO RD LESS BEG SECOR THOF TH W ALG S LN 304.44 FT TH NL Y ALG CURVE RGT RAD 10 FT DIST OF 22.03 FT TO ELY MGN E VALLEY HIWAY TH NELY ALG SD MGN 67.17 FT TH SEL Y ALG CURVE LEFT RAD 44.5 FT DIST OF 66.81 FT TH N 88-48- 35 E 250.31 FT TO PT ONE LN THOF TH S ALG SD E LN 22.94 FT TO BEG http://blue.kinga,unty.wm/Assess«/eRealProperty/Dashboard.aspx?ParcelNbr--31230S9114 Assessor Map Project Name Rezone of 4242 East Valley Road Location 4242 East Valley Road, Renton WA 98057 Purpose Rezone of property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use. __ 0_0_20___) ,')1)-f(i __ (l{).J.1 11170 ,)0.?0 ) :1.-;:1 <)i./.s._·. ,··,,Je.:1 U{i:?O ,, "I ·< 9{1 r.-y 9061.i I / ·-..... / ;;,,,,) 9082 I ; ,/~ 1132-.../ 908? 9026 o),'}60 ~- I I,- -, ., .:, ,>, {1rJf1_l City 01 Henton Print map 1 -· nplate Notes Nunc 136 0 0 68 WGS 1984 Web Mercatur_Auxliiary_Sphere c~~Rerrton Vinance & IT Division 136 Feet Legend City and County Boundary :Jt>ier City cf Renter Addresses Parcels Information Technology-GIS 1-lentonMapSupporttl Rentonwa.gov 9/21/2016 ,c.::; ~"' "'~v ;;br'.torJ''.-Cl ,,,n;; rn.:::-,1 'r:J111 d11 111te,·1e: ra;;: 1::; Sdc' ;,·,a ;:(: u· V .ld" ld'1c>r~ '"a: ;rnpecr 8,-, ;·w, ,l'clf.l r'l,l')' or rrny "Ot ::li a: :ur:J (! ::.,·r('" ur 0111~11~1~8 r"'1,a:1c THIS MAP IS NOT TO BE USl::LJ I-OR NAVIGATION --~--.,---SW 43RD _r __ _ Zoning Map Book Black & White Community & Economic Development Planning. Technical Services ' C:ate ! 0 I r I H-J ' ' I,,! lu ' ~ ::\ 06 T22N RSE W 1 1 co -i--------, i i i , __ , _ __J I I / I I r.;':;-1 l 'rrf I ,t I I I •I' I R-1 I I I I • r I ,-• \ -__ .....,.,~sr :1 ' I } /CO J' / fl I ,,;; l I ff / R-4 ,- Zoning Map Book Black & Whifll Community & Fp,nornic Development Planning· Tecl1nical ServiceS Pn;idl!C!!d bf AdrialaA Aaama'lich. GJSAnatysl Dale 12116'2015 0 ,-,:_, -_-sR·~es,\/' Feet t:j11lll:=20:'0'::=:='°i:'=::::600=:=00=0=:=I .DOO Refereni:e Srale: 1 :7.200 TI>"S 1rxutr,cJI! !;~ '}:;J{Jh" ~~~rr1;t1Qr. ~~ gwr.!llf!le:i ro wr,&f ;;c ,i;<y am:i is ~a;ed m11~2 1:,,Js: :nbmet~ iYiii!able 3 :i/1/ie dat? ~tllwn 1r.ts m;J;1,:; 111tenrieltf~rCi:]!rtisp1ay J:'f,la;~~<mif ---- 31 T23N R5E W 1 /2 ' Rezone Justification Project Name Rezone of 4242 East Valley Road Location 4242 East Valley Road, Renton WA 98057 Purpose Rezone of property from CO, Commercial Office to CA, Commercial Arterial to allow for retail use. Justification Building was previously used for kidney dialysis. Building has been vacant for nearly four years and most recently the target of vandalism and squatting. Squatters were living in it and were caught ripping out plumbing fixtures. The building is surrounded on three sides by retail use. South Side On the south side by Great Floors, 7-11, Bank of America, Pho Bae Cafe, Lee's Deli, Jersey Mike's Sub's, Baja Fresh, Shell, Chevron, Starbucks, Jack in the Box, et al. ' West Side On the west side, Round Table Pizza, Jimmy John's, Himaiayan Cafe, Taco Del Rey, and many others. North Side On the north side, Spot Tavern, Evergreen Granite and Cabinets, l\lta La Kor, Oberto Factory Outlet & Deli, and a strip mall continuing north on the north side of East Valley R.oad. East side On the east side the property abuts State Highway 167. Summary As you can see from the images, this area is dominantly a retail area. As the property owner, I want to remove this location from being a target for vandalism and squatters. I plan to bring new retail tenants in to revitalize this corner location, and return it to generating income for the city. DEPARTMENT OF COMl\,~.~ITY AND ECONOMIC DEVELOPMENT ENVIRONMENTAL CHECKLIST Planning Division 1055 South Grady Way-Renton, WA 98057 Phone: 425-430-7200 I PURPOSE OF CHECKLIST: Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. INSTRUCTIONS FOR LEAD AGENCIES: Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. · The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic 1 C:\Users\a rne \Oocume nts\1-502\Re nton store #2\e nvc h 1st. docx Rev: 08/2016 area," respectively. The lead agency may exclude (for non-projects) questions in Part B - Environmental Elements -that do not contribute meaningfully to the analysis of the proposal. A. BACKGROUND 1. Name of proposed project, if applicable: Rezone 4242 East Valley Rd 2. Name of applicant: Kaya Hasanoglu Naka Properties LLC 3. Address and phone number of applicant and contact person: 2125 1 51 Ave #2105 Seattle WA, 98121 Ph 206-396-6388 4. Date checklist prepared: 9-15-16 5. Agency requesting checklist: Department of Community and Economic Development 6. Proposed timing or schedule (including phasing, if applicable): Complete as soon as possible 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 2 C:\Users\arne\Documents\l-S02\Renton store #2\envchlst.docx Rev:08/2016 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. This is rezone only, no building or environmental change 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None pending 10. List any government approvals or permits that will be needed for your proposal, if known. None 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) This is rezone only from Commercial Office (CO) to Commercial Arterial (CA) to allow for retail use 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries ofthe site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. 4242 East Valley Rd Renton WA 98057 3 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 8. ENVIRONMENTAL ELEMENTS 1. EARTH a. General description of the site (check or circle one): Flat, rolling, hilly, steep slopes, mountainous, other _____ _ Rezone only. NA b. What is the steepest slope on the site (approximate percent slope)? Rezone only. NA c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Rezone only. NA d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Rezone only. NA e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. Rezone only. NA f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. 4 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 Rezone only. NA g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? :he!pi Rezone only. NA h. Proposed measures to reduce or control erosion, or other impacts to the earth, ifany:~ Rezone only. NA Z. AIR a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. Rezone only. NA b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. Rezone only. NA c. Proposed measures to reduce or control emissions or other impacts to air, if any: Rezone only. NA 3. WATER a. Surface Water: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. 5 C:\Users\arne\Documents\1·502\Renton store #2\envchlst.docx Rev: 08/2016 Rezone only. NA 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. l!!mQ} Rezone only. NA 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. lliitl2J. Rezone only. NA 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. Lb~ Rezone only. NA S) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.~ Rezone only. NA 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. lliitl2J. Rezone only. NA b. Ground Water: 1) Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. lliitl2J. 6 C:\U sers\a rne\Documents\1-502\Renton store #2\e nvch 1st. d OCX Rev:08/2016 Rezone only. NA 2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals ... ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. llielp 1 Rezone only. NA c. Water runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe.~ Rezone only. NA 2) Could waste materials enter ground or surface waters? If so, generally describe. ll!Jtle} Rezone only. NA 3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. [help] Rezone only. NA d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: ll!Jtle} Rezone only. NA 7 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 4. PLANTS~ a. Check the types of vegetation found on the site: [hg[Ql __ deciduous tree: alder, maple, aspen, other __ evergreen tree: fir, cedar, pine, other shrubs _grass __ pasture __ crop or grain __ orchards, vineyards or other permanent crops. __ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other __ water plants: water lily, eelgrass, milfoil, other __ other types of vegetation Rezone only. NA b. What kind and amount of vegetation will be removed or altered? [hg[Ql Rezone only. NA c. List threatened and endangered species known to be on or near the site.~ Rezone only. NA d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any:~ Rezone only. NA e. List all noxious weeds and invasive species known to be on or near the site.~ Rezone only. NA 8 C:\Users\arne\Documents\1-S02\Renton store #2\envch 1st. docx Rev:08/2016 5. ANIMALS~ a. List any birds and other animals which have been observed on or near the site or are known to be on or near the site. ~ Examples include: Birds: hawk, heron, eagle, songbirds, other:------------ Mammals: deer, bear, elk, beaver, other:------------- Fish: bass, salmon, trout, herring, shellfish, other---------- Rezone only. NA b. List any threatened and endangered species known to be on or near the site. ~ Rezone only. NA c. Is the site part of a migration route? If so, explain.~ Rezone only. NA d. Proposed measures to preserve or enhance wildlife, if any:~ Rezone only. NA e. List any invasive animal species known to be on or near the site.~ Rezone only. NA 6. ENERGY AND NATURAL RESOURCES~ a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.~ Rezone only. NA 9 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev: 08/2016 b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. ~ Rezone only. NA c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: J:hg!Q_] Rezone only. NA 7. ENVIRONMENTALHEALTHJ:hg!QJ a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so, describe. J:hg!Q_] Rezone only. NA 1) Describe any known or possible contamination at the site from present or past uses. ~ Rezone only. NA 2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. l!!filltl Rezone only. NA 3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project.~ Rezone only. NA 4) Describe special emergency services that might be required. l!!filltl 10 C:\Users\arne\Documents\l-S02\Renton store #2\envchlst.docx Rev:08/2016 Rezone only. NA 5) Proposed measures to reduce or control environmental health hazards, if any:~ Rezone only. NA b. Noise~ 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)?~ Rezone only. NA 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site.~ Rezone only. NA 3) Proposed measures to reduce or control noise impacts, if any: I!lfillll Rezone only. NA 8. LAND AND SHORELINE USE llifillll a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. I!lfillll Rezone only. NA b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or non-forest use? I!lfillll Rezone only. NA 11 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: [htli:)l Rezone only. NA c. Describe any structures on the site.~ Rezone only. NA d. Will any structures be demolished? If so, what? f!!fill!l Rezone only. NA e. What is the current zoning classification of the site? f!!fill!l Rezone only. NA f. What is the current comprehensive plan designation of the site?~ Rezone only. NA g. If applicable, what is the current shoreline master program designation of the site?~ Rezone only. NA h. Has any part of the site been classified as a critical area by the city or county? If so, specify. I!!fillll Rezone only. NA i. Approximately how many people would reside or work in the completed project? I!!fillll Rezone only. NA j. Approximately how many people would the completed project displace? I!!fillll 12 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 Rezone only. NA k. Proposed measures to avoid or reduce displacement impacts, if any: Ihg!Q.l Rezone only. NA I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any:~ Rezone only. NA m. Proposed measures to reduce or control impacts to agricultural and forest lands of long- term commercial significance, if any:~ Rezone only. NA 9. HOUSING .f.t!fil1tl a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing . .f.t!fil1tl Rezone only. NA b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing.~ Rezone only. NA c. Proposed measures to reduce or control housing impacts, if any: .f.t!fil1tl Rezone only. NA 13 C:\Users\arne\Documents\l-S02\Renton store #2\envchlst.docx Rev: 08/2016 10. AESTHETICS [help] a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed7 J.llitlQl Rezone only. NA b. What views in the immediate vicinity would be altered or obstructed? J.llitlQl Rezone only. NA c. Proposed measures to reduce or control aesthetic impacts, if any: l.llitlQl Rezone only. NA 11. LIGHT AND GLARE~ a. What type of light or glare will the proposal produce? What time of day would it mainly occur?~ Rezone only. NA b. Could light or glare from the finished project be a safety hazard or interfere with views? ~ Rezone only. NA c. What existing off-site sources of light or glare may affect your proposal?~ Rezone only. NA d. Proposed measures to reduce or control light and glare impacts, if any:~ 14 C:\Users\arne\Documents\l-S02\Renton store #2\envchlst.docx Rev:08/2016 Rezone only. NA 12. RECREATION~ a. What designated and informal recreational opportunities are in the immediate vicinity? ~ Rezone only. NA b. Would the proposed project displace any existing recreational uses? If so, describe.~ Rezone only. NA c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any:~ Rezone only. NA 13. HISTORIC AND CULTURAL PRESERVATION fllitlltl a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers ? If so, specifically describe.~ Rezone only. NA b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources.~ Rezone only. NA 15 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc.~ Rezone only. NA d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required.~ Rezone only. NA 14. TRANSPORTATION~ a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any.~ Rezone only. NA b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop?~ Rezone only. NA c. How many additional parking spaces would the completed project or non-project proposal have? How many would the project or proposal eliminate?~ Rezone only. NA d. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle or state transportation facilities, not including driveways? If so, generally describe {indicate whether public or private). l!!!ilitl Rezone only. NA 16 C;\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. l!:!.g]Q] Rezone only. NA f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non-passenger vehicles). What data or transportation models were used to make these estimates?~ Rezone only. NA g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. ~ Rezone only. NA h. Proposed measures to reduce or control transportation impacts, if any:~ Rezone only. NA 15. PUBLIC SERVICES~ a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe.~ Rezone only. NA b. Proposed measures to reduce or control direct impacts on public services, if any.~ 17 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 Rezone only. NA 16. UTILITIES~ a. Circle utilities currently available at the site:~ electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other --------------- Rezone only. NA b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed.~ Rezone only. NA C. SIGNATURE ~ The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Proponent Signature:----------------------- Name of Signee (printed):--------------------- Position and Agency/Organization:------------------ Date Submitted: ----------- 18 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS fhelp] I {IT IS NOT NECESSAR{to use these sheets for project actions.) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? No impact on air, water, toxic or hazardous emissions. This is rezone only from Commercial Office (CO) to Commercial Arterial {CA) Proposed measures to avoid or reduce such increases are: Rezone only. NA 2. How would the proposal be likely to affect plants, animals, fish, or marine life? No impact on plant, animals, fish or marine life. This is rezone only from Commercial Office {CO) to Commercial Arterial {CA) Proposed measures to protect or conserve plants, animals, fish, or marine life are: Rezone only. NA 3. How would the proposal be likely to deplete energy or natural resources? No impact on depletion of natural resources. This is rezone only from Commercial Office {CO) to Commercial Arterial {CA) 19 C:\Users\arne\Documents\1-502\Renton store #2\envchlst.docx Rev:08/2016 Proposed measures to protect or conserve energy and natural resources are: Rezone only. NA 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? No impact or affect on environmentally sensitive areas. This is rezone only from Commercial Office (CO) to Commercial Arterial (CA) Proposed measures to protect such resources or to avoid or reduce impacts are: Rezone only. NA 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? No impact or affect land and shoreline areas. This is rezone only from Commercial Office (CO) to Commercial Arterial (CA) Proposed measures to avoid or reduce shoreline and land use impacts are: Rezone only. NA 6. How would the proposal be likely to increase demands on transportation or public services and utilities? 20 C:\Users\a rne \Docume nts\1-502\Re nton store #2\ e nvc h 1st. docx Rev: 08/2016 No impact or affect land and shoreline areas. This is rezone only from Commercial Office (CO) to Commercial Arterial (CA) Proposed measures to reduce or respond to such demand(s) are: Rezone only. NA 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No impact or affect on local, state or federal laws for protection of the environment. This is rezone only from Commercial Office (CO) to Commercial Arterial (CA) 21 C:\Users\arne\Documents\i-502\Renton store #2\envchlst.docx Rev: 08/2016 ~=======-~-··;;;,---~=======;-----========~ ALTA Commitment (6/17/06) ALTA Commitment Form COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue rts policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance wrth the Requirements: all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. This Commrtment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, Stewart Trtle Guaranty Company has caused its corporate name and seal to be affixed by rts duly authorized officers on the dale shown in Schedule A. Countersigned by: Stewart Trtle Guaranty Company 1420 Fifth Avenue, Surte 440 Seattle, WA 98101 (888) 896-1443 stewart title guaranty company Copyright 2006-2009 American Land Title Assodatlon. All rights reserved. The use ofths Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All olher uses are prohibited. Reprinted under license m)l'fl the American Land l11le Association. File No. 16000200504 004-UN ALTA Commitment (6/17/06) .. ~:?!r~~~ Matt Moms President and CEO ~ Secretary \.\,( ,z;'-\.-.; CONDITIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than ttxise shown in Scihedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Scihedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and sudl parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Scihedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall sucih liability exceed the amount stated in Schedule A for the policy or policies committed for and sucih liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of tiHe or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the tiUe to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exdusive remedy of the parties. You may review a copy of the arbitration rules at< http-/lwww. a/ta. orq/>. All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to tt at P.O. Box 2029, Houston. Texas 77252. Copyright 2006-,2009 American Land Title Association. All rights reserved. The use of this Form is reslrlcted toALTAliceosees and ALTA memben; in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the Ameri<::an Land TIiie Association. File No. 16000200504 004-UN ALTA Commitment (6117106) ,\vtL~iC,1·'< 1,,,,. lit stewart title Stewart Title Gu-, _nty Company Commercial Services (Seattle) Title Officer: Debbi Hodgson Phone: (380) 713-9260 Email: dhodgson@stewart.com 1. Effective Date: May 31, 2016 at 8:00 AM 2. Policy Or Policies To Be Issued: (X) ALTA OWNER'S POLICY, (6/17 /06) (X) STANDARD ( ) EXTENDED SHORT TERM RATE Proposed Insured: To Be Detennined ( X) ALTA EXTENDED LOAN POLICY (6/17/06) SIMULTANEOUS ISSUE RATE Proposed Insured: To Be Determined SCHEDULE A 1420 Fifth Avenue Suite 440 Seattle, WA 98101 Phone: (360) 713-9260 Order Number: 16000200504 Customer Reference: Naka Properties, LL C Amount: To Be Determined Premium: Tax: Total: Amount: To Be Determined Premium: Tax: Total: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to said estate or interest in said land is at the effective date hereof vested in: Naka Properties, LLC, a Washington limited liability company 5. The land referred to in this commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO EXHIBIT "A" LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northwest Quarter of Section 31, Township 23 North, Range 5 East, Willamette Meridian, in King County Washington, lying East of Primary State Highway No. 5 (East Valley Highway) and lying South of a line parallel to and 200 feet distant North, measured at Right angles to, the centerline of South 180th Street; Except the South 30 feet thereof conveyed to King County for road purposes by deed recorded under Recording Number 2660649; and Except that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number 5889366; and Except that portion thereof conveyed to the City of Renton for road purposes by deed recorded under Recording Number 7404250403. Tax Parcel No.: 312305-9114-05 Seller's Initials: ------Buyer's Initials: ~ ~ MMITMENT FOR TITLE INSUR. :E SCHEDULE B Part I Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Taxes or assessments which are not shown as existing liens by the public records. B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or tiUe to water; whether or not the matters described (i), (ii) & (iii) are shown in the public records; (iv) Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. C. Extended coverage exceptions as follows: ( 1) Rights or claims of parties in possession not shown by the public records. (2) Easements, claims of easement or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises and which are not shown by the public records. (4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity or other utilities, or for garbage collection and disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. F. Any titles or rights asserted by anyone, including but not limited to persons, corporations, governments, or other entities, to tidelands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or bulkhead lines as established or changed by the United States Government, or riparian rights, if any. SPECIAL EXCEPTIONS FOLLOW MMITMENT FOR TITLE INSUR. :E SCHEDULE B Part I SPECIAL EXCEPTIONS 1. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of the City of Renton. Present Rate of Real Estate Excise Tax as of the date herein is 1. 78% and the levy code is 2100. 2. General taxes: Year: Amount Billed: Amount Paid: Amount Due: First half delinquent May 1; Second half delinquent November 1: 2016 $21,036.43 $10,518.22 Tax Account No.: $10,518.21, plus interest and penalty if delinquent 312305-9114-05 Levy Code: Land: Improvements: 2100 $658,500.00 $925,500.00 Note: King County Treasurer, 500 4th Avenue, 6th Floor Admin. Bldg., Seattle, WA 98104 (206) 296-7300 Web Address: http://webapp.metrokc.gov/kctaxinfo/. 3. Cunrent and/or advance personal property taxes that may become due upon transfer or sale of the premises herein described. Please contact the King County Treasurer's office for further information. 4. Liability for sewer treatment capacity charges that may be assessed but not disclosed in the pubic records. Please contact the King County Capacity Charge Department for further information at 206-296-1450. 5. Owner's policy coverage to be verified through written instructions or a complete copy of the purchase and sale agreement should be submitted. 6. Deed of Trust and the terms and conditions thereof: Granter: Naka Properties, LLC, a Washington limited liability company Trustee: PRLAP, Inc. Beneficiary: Bank of America, N. A., a national banking association Amount: $1,280,000.00 Dated: December 10, 2013 Recorded: December 10, 2013 Recording No.: 20131210001310 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 7. Any unrecorded leaseholds, right of vendors and holders of security interest on personal property installed upon said property, and right of tenants to remove trade fixtures at the expiration of the term. 8. Evidence of the authority of the individual(s) to execute the forthcoming document(s) for Naka Properties, LLC, a Washington limited liability company: copies of the current operating agreement and any amendments thereto, should be submitted prior to closing. 9. Title is to vest in persons not yet revealed and when so vested will be subject to matters disclosed by a search of the records against their names. 10. Easement and the terms at nditions thereof: Purpose: Water pipeline Affects: The description contained therein is not sufficient to determine its exact location within the property herein described. Recorded: January 16, 1930 Recording No.: 2581898 11. Condemnation of access to state highway and of light, view and air by decree lo the Stale of Washington: Entered: March 20, 1962 King County Superior Court Number: 570903 12. Exceptions and Mineral Reservations as contained in instrument: 13. 14. 15. 16. Recorded: April 28, 1965 Recording No.: 5871936 and 5871942 NOTE: No examination has been made to determine the present record owner of the above rights to determine which may affect the lands or rights so reserved. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: Recorded: June 10, 1965 Recording No.: 5889366 Grantee: King County City of Renton Right of Entry Agreement to reconstruct sidewalks and driveways, and the terms and conditions thereof: Recorded: Recording No.: June 18, 1973 7306180484 Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Co Purpose: Guy wires and anchors Affects: Westerly portion of the premises Recorded: January 12, 1976 Recording No.: 7601120531 Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Co Purpose: Underground electric system Affects: Within the East 90 feet of the premises Recorded: May 11, 1979 Recording No.: 7905110798 17. Terms and conditions of survey recorded October 15, 1992 under Recording Number 9210159001. 18. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: Electric utility system Affects: Portions of the premises adjacent to the rights of way of East Valley Highway and of South 180th Street Recorded: January 13, 2011 Recording No.: 20110113000615 19. The attached Commercial Title Affidavit must be completed in full, notarized, and submitted lo the Company for review prior to closing. 20. If the policies to be issued are in excess of $5,000,000.00 or involve unusual risks, approval to issue such policies must be obtained from Stewart Title Guaranty Company. This commitment and any policies to be issued are subject to any additional limitations, requirements or exceptions made by Stewart Title Guaranty Company. END OF SPECIAL EXCEPTIONS MMITMENT FOR TITLE INSUR :E SCHEDULE B Part II The following are the requirements to be complied with: Item (a) Item (b) Note: Format: Payment to or for the account of the granters or mortgagors of the full consideration for the estate or interest to be insured. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. Margins to be 3' on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. Font size of 8 points or larger and paper size of no more than 8 Ya' by 14'. No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. Information which must appear on the first page: TIiie or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. Abbreviated legal description (lot, block, plat name or section, township, range and quarter quarter section for unplatted). Assessor's tax parcel number(s). Return address which may appear in the upper left hand 3' top margin. __ MMITMENT FOR TITLE INSUR :E SCHEDULE B Part II NOTES: NOTE A: In order to assure timely recording all recording packages should be sent to: Stewart Title Guaranty Company Commercial Services (Seattle) 1420 Fifth Avenue, Suite 440, Seattle, WA 98101 Attn: Recorder NOTE B: The description can be abbreviated as suggested below if necessary to meet standardization requirements. The full text of the description must appear in the document(s) to be insured. Ptn. NE1/4NW1/4, Sect. 31, Twp. 23N, Rng. 05EWN, in King County, Washington NOTE C: Recording fees charges by the county are subject to the title of the document. Standard fees are as follows: Deeds of Trust: $74.00 for the first page and $1.00 for each additional page. Deeds: $73.00 for the first page and $1.00 for each additional page. Please add a $5.00 fee for electronic recording. For other types of documents to be recorded please contact your escrow officer. NOTE D: All matters regarding extended coverage have been cleared for the mortgagee's policy. Exceptions C, E and F shown in Schedule B herein will be omitted in said extended coverage mortgagee's policy. NOTE E: The records of King County and/or our inspection indicate that the address of the improvement located on said land is 4242 East Valley Road, Renton, WA 98057. NOTE F: In the event of cancellation, a cancellation charge may be made. NOTE G: There are no deeds affecting said land recorded within 24 months of the date of this report. PS END OF SCHEDULE B Escrow Officer Location: Stewart litle Guaranty Company -Commercial Services Escrow Officer: 1420 Fifth Avenue, Suite 440, Seattle, WA 98101 Phone: Fax: Email: EXHIBIT "A" LEGAL DESCRIPTION That portion of the Northeast Quarter of the Northwest Quarter of Section 31, Township 23 North, Range 5 East, Willamette Meridian, in King County Washington, lying East of Primary State Highway No. 5 (East Valley Highway) and lying South of a line parallel to and 200 feet distant North, measured at Right angles to, the center1ine of South 18oth Street; Except the South 30 feet thereof conveyed to King County for road purposes by deed recorded under Recordtng Number ~;and Except that portion thereof conveyed to King County for road purposes by deed recorded under Recording Number ~;and Except that portion thereof conveyed to the City of Renton for road purposes by deed recorded under Recording Number 7 404250403. Order No. 16000200504 Affidavit Commercial WA NW c§!:ewart ORDER NO: 16000200504 Tiris sketch is provided vrithout charge for information. It is not intended to show all mm:ters related to the property, including, but not limited to area, dimensions, encroachments, locations or boundaries. It is not a part ot; nor does it mo<lily the com.otltincnt or policy to "'-b.ich it is attached. The Company assumes NO liability for any matler related to this sketch. Reference should be made to an accurate survey for further information. •• ~R/RENTON :.11-11 1,l.l."le - ~1.-.,-.-----····---··-·-; ' Id Ion tF z.ur - • • .. , ... • ' ; • ! ' ! ! . ' ' ' -f -j . , l ---~J,:'_._"!c ·lll8·••fjJllf'/----llllll~l-~·--L'-~ ___ :_ __ / ---·-·-t-~,, =-. i i i .. / • i i !