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HomeMy WebLinkAboutReport 1LUA-09-042-SHPL LND-20-0542 0100'S OUXARATI t KNOW ALL PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED, THE DWNER IN FEE SIMPLE OF THE LAND HEREBY SHORT PLATTED, HEREBY DECLARES THIS SHORT PLAT TO BE THE GRAPHIC AEPRESENTARON OF SAME, AND THAT THIS SHORT PLAT IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER. IN WITNESS WHEREOF WE HAVE SET OUR HAND. STRAOA DA VALLE LLC, A WASHINGTON LIMITED LIABIUTY COMPANY BY: — C; GARY M. MER 0, MANAGER STATE OF WASHINGTON) ) SS. COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS .S DAY OF He1E._lit it 2010 GARY M. MERLINO APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS A MANAGER OF STRADA DA VALLE LLC, A WASHINGTON LIMITED UABIUTY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH UNITED UABILITY COMPANY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED THIS DAY OF G!t A 2010. l SIGNATURE OF NOTARY) KIYE� (PRINT OR TYPE N ME OF NOTARY) �KT NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT� C_-?r� MY COMMISSION EXPIRES: -A.L or Atm VICINITY MAP NOT TO SCALE U.S. BANK NATIONAL ASSOCIATION, THE BENEFICIARY OF A DEED OF TRUST DATED APRIL 2..3, 2008 AND RECORDED UNDER KING COUNTY RECORDING NUMBER 20080501000406, HEREBY CONSENTS TO STRADA DA VALLE LLC'S EXECUTION OF THE ABOVE -STATED DECLARATION. U.S. BANK NATIONAL ASSOCIATION C �,�,Ic�.IPRINT NAME) jFrJRIC Y�t� Fw^''! (RTLE) STATE OF wAaw,JkmuI ) ss. COUNTY OF 14ALL ) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOIINSHM 23 NORTH, RANGE 9 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 1DO FEET THEREOF EASEMENTS AND OTHER RECORDED INSTRUMENTS: 1.REUNQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1962 RECORDING NO.: 5376810 IN FAVOR OF; THE STATE OF WASHINGTON I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: __1i AY OF � 201D RECORDED: AUGUST 6, 1975 e'er OJ•:. �_ APPEARED BEFORE ME AND RECORDING NO.: 7508060393 ACKNOWLEDGED THAT HE/SHE SIGNED THE INSTRUMENT, ON OATH STATED THAT IN FAVOR OF: PUGET SOUND POWER AND LIGHT HE/SHE WAS AUTHORIZED To EXECUTE THE NISTRUMENT AND ACKNOWLEDGED IT COMPANY, A WASHINGTON CORPORATION AS _=,61-37- Jt $t-fIPMcr OF V.S. BANK FOR: ELECTRIC TRANSMISSION AND/OR NATIONAL ASSOCIATION AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE DISTRIWT10N SYSTEM AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR THE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT USES AND PURPOSES THEREON MENTIONED, LOCATION. DATED THIS IS DAY OF _604M-4(Z _ 2ato. (SIGNATURE 6F NOTART +�1cr.c R T..4Ier (PRINT OR TYPf NAME OF NOTARY) NOTARY PUBLIC IN AND FOR THE STATE OF �elA�iN,W6TeeF . RESIDING AT S(kVist «YA MY COMMISICIK EXPIRES:__^_30l%—� A. OIr'o CITY OF RM70H . EXAMINED AND APPROVED THIS _______ DAY OF —____-_____- 2010. CITY OF RENTON ADMINISTRATOR, DEPARTMENT OF PUBLIC WORKS I= COUNTY ASSESSOR EXAMINED AND APPROVED THIS --- DAY OF - 2010. 3. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1079 RECORDING NO.: 7906250761 4. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: STRADA DA VALLE, A WASHINGTON GENERAL PARTNERSHIP AND: CITY OF RENTON RECORDED: SEPTEMBER 79, 199D RECORDING NUMBER: 9009190703 5. TERMS AND CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9MI90704 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS; REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 7, EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: DULY 6. 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING. REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR Th`E EXACT LOCATION. 8, EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 KING COUNTY ASSESSOR DEPUTY KkNG COUNTY ASSESSOR RECORDING NO.: 2107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATCN. /G _ 9. EASEMENT. INCLUDNG TERMS AND PROVISIONS CONTAINED THEREIN: PORTMN OF RORNIWIlm 0r 7'Be RECORDED: JULY B, 199t RECORDING NO.: 9107080928 did 1011INSIS F 23 11011"k RAIFGE 6 KAXT, W.M. IN FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS- REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. CTTY OF RI iITON p. w+ate� SNORT PLAT NO. LUA-O9-G4B-SHPL 10. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING UD PARTICIPATION L Ll [MD-80_0648 RECORDED: APRIL 21, 1994 RECORDING NO.: 9404210637 AUD= OR ma 's COM11CAlE SUIIIIWEYOn cOtTFICA71E STRADA DA VALLE SHORT PLAT Fiied for record this —day Of , 2010 at M. in Book of Surveys at page of the request of This map correciiy represents a survey made by me o under my direction in Conformance with the repuir>9rnents 0BUSH, 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 BUSH, ROED h HITCHINGS. INC. COUNTY AUDITOR OR DIVISION OF RECORDS & ELECTIONS County Auditor or Superintendent of Records of the Survey Recording Act at the request of STRADA DA VALLE LLC in DEC. . 2409 RpED & HI7CHINGS,S INC. CIVIL ENGINEERS h LAND SURVEYOR 3 41M ��il FM.l,OR AVENUE FJSt 1- 93 0508 a9-.7e1d19,RIGTaN FAAl {me1 s 7135 DRAWN BY JGW DATE: 9-13-10 1 JOB # 2008105.OD CHECKED BY JMH SCALE: N/A SHEET 1 OF 4 CerliTicate No. i4364 LUA-09-042-SH PL- LNQ-20-0542 - ~ -- -- I �- cA.S., m w. AIARaM 5R IVpm ftA.4'S REC, NO''S 1ss S110es00] ! _ r R l cc7 Iye2O216NOO. & WASHINGTON STATE HIGHWAY 0111"14a1 DERARiMEMI OF 1'Z �' ",.AIS DRA'MNCS DATED ' 24. Joel. ROW L3ME (Typ.) �1 V• ��•� p CALCULATED S. UNE OF M. JOG' LJ 1/4 OF N a S. 30. TO. 23 N.. ROE. 3 r 8 7L 302305- Pa80".SE'Od"w " LOT 7 41 � � � R RGW ME 93oL 76.93 LOT 1 LOT 3 �) R 5 01 49'52- w 40&97' mow UME 1217.03' — (Tvr.} — 5 D1 V9'S2 W - ,1316ye .'(G) _—�� 5 01'4952' W ' — EAST VALLEY ROAD LIAEsr uNE NW 1/4, WE l/�. MUM" JO I (T1P.} — — — — ROW C711TEIiIJME — EAST VALLEY 4WY, i EMTING ROW(typNE R O w. MpNMEMTS I � E OVERALL PLAT PLAN I Leah a) s n (n I EJ3EMa TOTAL AIEA: 243,4U SGJ". (BMW .AORES) LOT AR FIDOTAGM N \[MAr EANNIENTS JOINT Y EA9F31 S LOT 1 52,µ5 so -ET. M00 W". 5LW SOFT. LOT 2 511,50e $FT. 1,e53 SOFT. 54AM SOFT. LOT 3 M074 SOFT. e54 5¢FT. 131420 sq FT. DF_CLARATON OF cn4FNANT - LUA-09-042-SHPL THE OWNEWS) OF THE LAND EMBRACED JORNT U JOINT USE - — � WITHIN THIS SHORT PLAT, IN I DRtYE1MAY JdN 11E CpR, SEC. 30 CONSIDERATION OF THE BENEFIT TO VEWAY EASEMENT FND. TACK IN CONCRETE MON.. ACCRUE FROM THIS SHORT SUBDIVISION. T DRIVEWAY DONM0.a. VISITED 6-25-Oa LND-20-0542 BY SIGNING HEREON COVENANT AND STRIP A STRIP I3 EASEMENT I (CVTY OF �T?��ORIZDNTAL AGREE TO CONVEY THE BENEFICIAL LOT 2 STRIP C N CONTROL Pw INTEREST IN THE NEW JOINT USE LOT 1 OT 2 E 13003aY.75 DRIVEWAY EASEMENT SHOWN ON THIS SNORT PLAT AND MORE FULLY DESCRIBED IN THE 'DECLARATION OF o m EASEMENTS, COVENANTS AND 300' AGREEMENT RUNNING WITH THE LAND" m (RECORDED UNDER KING COUNTY EAST VALLEY ROAD EAST RECORDING NO. _ l TO ANY AND ALL FUTURE PURCHASERS DETAIL A- - _ OF THE LOTS, OR OF ANY SUBDIN510Ns THEREOF. THIS COVENANT SHALL RUN ' WITH THE LAND THAT 1S THE SUBJECT OF THIS SHORT PLAT. -� RELINouIsIuENT OF ALL EwSTiNG NOTE: A RECORD OF SURVEY OF THE �p 1 Rj7 AHD FDMI R104TS TO uCHT, SUBJECT PROPERTY HAS BEEN 7r. NEW AND AIR, TOGETHER wTN RECORDED UNDER KING COUNTY 111E NILNTS OF ACCESS to AND RECORDING NO. FROM THE STATE WDHWAY REC. NO. 517aa14----.--- RA i 1d7 441.76• DRAINAGE f REC. NO, EASEMENT 910TaaDG27 KSR EASEMENT EDP ELEC. 52,045 SD. FT. LOT 1 Now CNE //C' $�I (TIP,) DISTRIBUTION SYSTEM REC- NO 7WO050393 1,2132 ACRES 57.56 2300 EAST VALLEY m G+ lA I WATERLINE EASEMENT REC N0. M10] "29 m C`ROW LIE y-L --� ) 1R1 W 174 i IYfPIINCH IN CASE. m O HEST NNE Nw 1/{. 5 Q1'a932 W NE 1/4. SECTION !O I VISITED 6-25-Oa ,YIg {pTY OE RENfON HORIZONTAL CONTROL PNT. 11N) RDW CENiE1d1NE RDW LLNE EAST VALLEY RD. (TIp,) N 170570.a7 E 1297aa3.M - - - - Row MONUMENT E VALLEY RD. SURVEY NOTES: ENOwa . TACK N 2' CONO. MON I CASE, DOI.� VISITED a-25-oa HORIZONTAL DATUM; WASHINGTON COORDINATE SYSTEM. NAD 93191. NORTH ZONE, PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, REFERENCES: SOUTH 6958'O8' EAST 2659.31' (CALCULATED AND MEASURED). — RECORD OF SURVEY, REC. NO. 8202189001 - RECORD OF SURVEY. REC. NO. 9111089007 INSTRUMENT: THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION, - RECORD OF SURVEY, REC. NO. 95OWS9008 SERIAL NO. 621981, AND A LEICA GPS120O SURVEYING SYSTEM SERIAL - RECORD OF SURVEY, REC. NO. 9606199001 140. 160230. - RECORD OF SURVEY, REC. N0. 92021290M PREgSIGN: - CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK PRECISION EXCEEDS 1:10,000 GROUND TRAVERSE METHODS AND WERE IN - W500T SR787 HIGHWAY MAP - 5. 228TH. 70 ACCORDANCE WITH WAC 332-130-090. RENTON FIELD SURVEY., THE FIELD SURVEY WAS PERFORMED JJNE 20M ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS OTHERWISE NOTED, SECTION SUBDIVISION: SUBDIMSICN OF SECTION 30, TWP. 234, RGE. 5E, AND R.O.W. SOLUTION FOR PRIMARY STATE HIGHWAY NO, 5 WERE CALCULATED PER RECORD OF SURVEYS, KING COUNTY RECORDING NUMBERS 8202169GD7 AND 9I11089DO7. LOT 2 56,5m SO, FT. L04E I.2973 ACRES 2400 Mr VALLEY RD 1 , I�x DETAIL A) r�J _ 'fI i I}I REC. N No.. OEASFME r - NEC. Mla7aeo92a28 I 1 EASEMENT R93P STRIP 0 3 22' EY ROAD .2R AIL B— ITS i I Lar NNE W V1 m SEVER i 9TD7D00092e � I . — .. . — _ j_ SET TACK IN _ LEAD PLUG ! - SHINER LSRI�3A EAST VALLEY ROAD (Tw) SITE MAP ( 1R For ) PORE!W DR NORTHWMT QUAR•1.'gE Or THE 2 IMob - 40 NP RORTHRA ' aUARM W SIFM ON 30, TOWA" 29 NORM RAMS 6 RABT. n.Al. CETY OF LI—il RRR-09 L U2p SHORT P1w7 N0. }M_20-0ZBHPL STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 BUSH, ROED do HITCHINGS, INC. CIVIL ENGINEERS LAND SURVEYORS DRAWN BY JGW GATE: 9-13-10 JOB 2008105.00 k wA411110 20a .)23-a1F4 ZOOM A T� EAST 1- I�S-05Da Ial0T2�Is EAXj (206) Saa-7+36 CHECKED 9Y JMH SCALE: 1" 40' SHEET 3 OF 4 LUA-09-042-SHPL "�""� & LND-20-0542 a T 5 ///Row LwE SR 167 I I �• 1 _ • Im . ` TLINE. 13 0774 SQ. FT38779 ACRESI EAST VALLEY RD In`�250D V� wATERUNE EA!ENENT p I REC. xa 1107 e"l4 LUMBER YARD r I I II I I N i � I m I I I r-1 I 5 I I r_J is. I I -J I �53 j I I I SANITARY ME II j I EASEMENT O)REDR 224 I ' I Is. fff I I 1217.a3 I CEIITEAO SEOnW 01'14.52' w I3T4.Po' (CALCULAim) 30 - — S Ot'4p'SY W _ 263R 1 EAST VALLEY ROAD YEST LINE NW 11/�W CEXTERIiNE wow YpNL7EENY E, VALLEY NWY�f ' M0. 1-3/4 . _ NE 1/4, 3 CMH 30 EAST VALLEY RO. 4RhS5 DISC W +' 'R N COFlC. MCN w CA ~ 5E, 5- 1/4 COR. SEC. 30 —1 ENO. _ _ _ _ _ _ - - / �RO'h LINE - - ITtiP) , j/} I OOWN 0.4', VISITED E-RS-OB YDN, IN om N91EU 8-�25-OR _ EAST a OF CALL. 1NT"ISEChg1 . I F(:FNfI , C4 i �a -� /Q SITE MAP WAR1p! sEcnON CpRE7L 0 SVAVEY YaaA4aT PORTION OR TFW= QUARM OF �- - �� NORTNZABr 4UARTL'M OF SECTION TDIINBIIP 25 KOM, RANGE 5 EM. (c) CALCLIATEL1 r Y �yl FT. FEET cT!'C or RENMII ND IaA.ER c >R �sr t I."- 40 ft. s1 4� STIORT PLAT NO. L,U1-00-018-31LPL IND-90-0548 REC. RECOIL M 9a @QUAKE STRADA DA VALLE SHORT PLI mT AR ! ID. cw 2400 EAST VALLEY ROAD, RENTON, WA 980. TAX LOT 302305-9103-09 gr TAcff w LEAD RLIM wro1 MAW LO. DW BUSH, RBED & HITCHINGS, INC. I 1 LS#WAL4 11.1 cur_luccoc A, I Aun eI I.1- DRAWN 3Y JGW DATE' 9-13-10 JOB if 200i aT .- 167 a9e.s8 - F — _ Y7 "28rl �,�._EX. BulLDING B h m O � EX. 3UILDINC, Ag4T.7Oo co EX. BUILDING CLwE Ilff M�N TL 3dpaos- 78.93' LDT 1 ao LOT 2 0 LOT 3 �' L = Seel L NF TYF.1 43.70' M 5 01'49 52 W O 290.39 495.93' 1217,03' _ a — — — EAST VALLEY ROAD wEsr uNL Nw vn. -';. — - - —1 I.uu LIME -- --- - - - 4CEn-EfiI t , . sEcnoN Sa - H« NOW LINL (T En rn F- I N I I FEET I u) i 1 1�n Be - [L I OVERALL PLAT PLAN FQFND TOTAL AREA: 243, 42' SO,FT_ (5.58R3 ACRES) su ZONING: COMMERCIAL RR7ERIAL (CA) PROP05W LOT SQUARE 7AGES: _ LOT M CROSS AREA AREA IN JOINT USE DRIVEWAY EASEMENTS NET AREA {cxt05S AFEA LE53 ,X11NT IJSL ORIMEWAY EASEMENT5 L07 1 52.845 SQFT 8D0 SOFT. 52,041 56 FT. L07 2 56,sch SOFT. 1.653 SOFT. 54,855 SQ.f'1. LOT 3 134,1374 SO.rt 854 ;p.FT. 131220 SO.FT. PARKING STALL COUNT ANALYSIS T LOl 1 LOT 2 LOT 3 LxISTINC USE OF BJILDING ON FRUPOSED LOT I OFFICE OFFICE OFFICE EXISTING NE7 FLOOR AREA DF OUILDMO- IC,335 SOFT. ,5.720 SQ.RT. 27725 SC_FT EXISTING STALL CCUNT CODE RI TALL C LINT MIN MAx EXI57143 STALL COONT CODE REO'D TA -GLINT MIN MAX EXISTING STALL COUNT CODE REO'D S7' C NT µ1M MAY STANDARD 47 0 N/A N/A 42 N/A N/A fit i COMPACT T 4 IS 29 l 5 C 23 1O7 0 53 HANDICAPPED 1 7 NJA 4 N/A 4 B N/A 'FO'AL 4B 31 45 76 47 7' '.72 B! '25 BUILDING SETBACKS FOR COMMERCIAL ARTERIAL ZONE CA WKIIAUM FRONT YARD IC FT.` MINIMUM FA EEwAY ID FT FRONIAGE SETBACK MINIMUM REAR YARD NONE MINIMUM SIDE YARD NONE 'NOTE: PER RMC 4-2-120A THE MINIMUM FRONT YARD SETBACK MAY 8E REDUCED TO D 7 THROUGH THE S:IE PLAN DEVELOPMEF.7 EMEW PRIX£SS PROVIDED NLANN NALLS ARE NOT-3CA7EG WRFDN 111E REDUCED SETBACK. SITE CALCULATIoNS PERCENTAGE CF LO1 COVERED BY E%ISTNG DUII.nIhGS ANC ST13Ucrjgcs LO'. 1 20% LO1 2 28K L01 3 21% PAVEMENT ANC LANDSCAPES AREAS: LOT III PAVEMENT _ANDSCAPE LOT 1 22,000 SF 15AILQ 5F _OT 2 77,9Of, 5F 12,669 Sf LOT 3 68,60C SF 29.55D SF PROPERTY OWNER- SIRAUA DA. VALLE LLC 9125-IUTH AVENUE SOUTH SEA11LE, WA 98108 LAND SURVEYOR: BUSH, ROLU & HITCHINGS, INC. 2009 MINOR AVENEUE EAST SEATTLE. WA 98102 NET fLCCR ARE-. PRONGED BY 1HE PROPERT`,' DNNER .�Drnzmalosv«9ixs.sP.R; awa. aarxnow'>:ca� DECLARATION: KNOW ALL PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED. THE OWNER IN '-E SIMPLE OF THE I -AND HEREBY SHORT PLATTED. HEREBY DECLARES TH!S SHORT PLAT TO 8E THE GRAPHIC REPRESENTATION OF SAME. AND THAT THIS SHORT PLAT IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE 61T'� IHE UESIRES OF THE OWNER. IN WifNLSS WHEREOF WE HAVE SET OUR HANDS, STRADA DA VALLE LLC. A WASTINGTON LIMITED UAEILITY COMPANY B- --------- ---- GARY M. MFRLINO, MANAGER STATE OF WASHINGTON) SS. COUNTY OF KING aRPrY THA- I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS ________ DAY OF _ _____LL ____, 70G_ GAP.Y M. MERLIND APPEARED BEFORE ME AND ACKNOWLEDGEDTHAT HE SIGNED iH'E INSTRUMENT, DN OAHT S-ATED THAT HE WAS AUTHORIZFD TO EXECUTE THE INSTRUMENT ANC ACKNOWLEDGED IT AS A MANAGER OF STRADA. UA VAI-LE LLC, A WASHINGTON LIMITED IADIU7COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCK LUMITED LIABILITY COMPANY FOR THE USES AND P! RPOSLS MENTIONED IN THE I:tiSTRUMENT. DATED TF IS ---- ____ DAY OF (SIGNAIURE OF NOTARY) (PRINT OR TYPE NAME OF NOTARY) NOTARY PUBIC IN AND FOR THE STATE C'F WASHINGTON, RESIDING AT___,.__ _. MY COMMISSION ExPIPES:__..__-_.,_ CITY OF RENTON FXA!I 4ND APPnOyLC THIS -_____ DAY' cI 2DO _. ACID:I IJ:STRf T„P C DEAR Ind LNI 1= CCD9MUPil " AND ECCNCMIC ULVELOF'MENT KING COUNTY ASSESSOR EXAIdINED ANC -PPROJEL 11,5-______ DAY Or 2U?_ A - BANK NATIONAL ASSOCIATION, THE BENEFFCIARY OF A DFFD OF TRUST DATED APRII. 23, 220B AND RECORDED UNDER KING COUNTY RECORDING N,1M8FR 2028G52102040E, HEREBY CONSENTS TO STRADA DA VALLE LLCS EXECUTION OF THE ABUVL-STATED DECLARATION. J.S. DANK NATIONA, ASSOCIATION EY: (SIGNATURE) - — ------ (PRINT NAME. (TIC F) STATE OF ___ ) ) SS. COUNTY OF _-__________ I CERTIFY THAT I KNOW OR HAVE SATSFACTORY EVIDENCE THAT OI, THIS DAY OF 200_ APPEARED BL'CRL ME AND A('.KNOWLFCGFC THAT HF/SHE SICNED THL INS7NMENT. DIN OATH STATED THAT I- I. WAS AUTHCPZEC TO LXECUTL THE INSTRUMENT AND ACKNOWI.F77;FE• '1 45 OF U.S. BANK NATIONAL ASSOCIATION AND ACKNOWLEDGED SAID�INSTRJMENIIC BE THE FREE. AND VU­NTARY ACT AND DEED CIF U.5- BANK NATIONAL ASSCCIA71ON FUR THE USLS AND PURPOSES THEREIN MENTICNFC- DRIED THIS __. __- DAY OF --_ __,___,___________- 200 ;SIGNATURE OF NC ARP) ,PRINT OR TYPO NAME OF NOTARY) NOTAR- FUDLIC IN AND FOR THE STATE OF RESIDING AT MY CUM MISSION EXPIRES' LEGAL DESCRIPTION: THAT PORTION OF THE. NORTHWEST QUARTER OF TIIE NORTHEAST GUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANCE 5 EAST, W.M.. KING COUNTY, WASHINGTON, LYING WESTERLY OF THL WEST MARGIN OF PRIMARY STATE HSHWAl NO. 5 AND LYING LASTLRL" OF THE EAST MARGIN OF THE EAS`: VALLEY HIGHWAY; EXCEPT THE I4L)RTHER_Y 70LI FEET THCREOF 1 5,. SW 27Ir, -5T. s erm ST EASEMENTS AND O'HER RECORDED INSTdUMENTS', 1. REI.INgUISHMENT OF ALL EXISTING AND FL.TJRE RIGHTS TO IICHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCFSS TO AND FROM THE STATE HIGHWAY CONSTRUCTEn ON LANDS CONVFYED BY INSTRUMENT. RECORDED: JA14JAPY LIB, 1967 RECURDING NO. 5378810 IN FAVOR OF TIHE STATE. OF WASHINCTGN 2. EASEMENT, INCLUDING TERMS ANC PROVISIONS CONTAINED THERE;Id RECORDED = AUGUST E, 1975 RECORDING NO 75Ot306D393 IN FAVOR OF. PUGET SOUND POWER AND LIGHT COMPAN`r, A WASHINGTON CORPORA -ION FOR: E_ECTR�C TRANSM SSION AND/OR DISIRIDUTION SYSTEM AFFECTS'. REFER TO SAID INSTRUMENT FOR -HE EXACT LOCATION. 3. TERMS AND CONDITIONS DF TEMPORARY WATLR SLRVICL ACR_LMF%l RECORDED', JUNE 25. '979 RECORDING No 7906250761 4. INDEMNITY AGREEMENT AND THE TERMS AND CONDITICNNS T,IERCDF BETWEEN: STRADA DA VAL_E, A WASHINCTON CCNERAL PARTNERSHIP ANDCITYOF RENTON RECORDED: SEPTEMELR 19. 199C RECORDING NUMBER: 9O39190703 5, TERMS AND CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBCR 19, 1990 RECORDING NO.: 9009193704 C. EASEMENT, INCLUDINC TERMS AND PRUViSIONS C'UNIA.NLD I`ILRLIN RECORDED: NOVEM5ER 19, 199D RECORDING NO. 901119043D IN FAVOR OF PUGET SOUND POWER AND LIG11" COMPANY, A WASHINGION GORPORATIG'N FOR ELECTRIC TRANSMISSION AND/OR DISTRIHUIION SYSTEM AFFECTS: REFER TC SAID INSTRUMEN7 FOR THE EXACT LDCA IION, 7. EASEMENT, INCLUDING TERMS AND PROVISDI.S CONINNEG 1HFFE-:N: RECORDED'. J'JLY 8, 1991 RECORDING NO,: 9107080976 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING. MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING U-ILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR TUE LXAC' LOCATION- S. EASEMENT, INCLUDING TERMS AND PACVSIONS 1, Ti-FR LI RECORDED: JULY 8, 1991 RECORDINC NO.: 9'.U7080927 'N FAVOR CF: CITY Or RLNTON FCR: URAiNAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LCCATICN. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED IHI (REIN RECORDED: JULY F, 199'- RECORDING NO.. 910708092E IN FAVOR OF C;TY OF BEN ION FOR', PUBLIC UTILITIES AFFECTS' REFER TO SAID INSTRUMLN' FOR THE EXACT LOCATION 70. TERMS AND CONDITIONS OF RESTRIC-IVE COVENAI. i RFGARDING IT) PARTICIPATION RECOR.DED': APRIL 21. 1994 RECORDING NO.: 94042'0637 - --' - - VIC:INIY MAP k -'dC ::aUN.Ty 1SSEi°SCR. DE'U-Y KING ,^.CUNTY ASSEYuD NuI !u 1cA AUDITOR OR RECORDER'S CERTIFICATE SURVEYOR'S CERTIFICATE Filed Tor ,ecord th:s —, ', 20 o! M. Tr' , n-iD cande try r. _ .n Beok of SvNeys of pcgc cl It" request o. _I n_T rr f'. _ - c•-:nan _e wlih the •?1u rerl e!`.s e � =JS- R;.rED HI'-,H .GS. IN' R �r�a e '.I at :he rvyl est D, BUSH, ROED & HITCHINGS, INC. _JU17-f AJDI�CP CR ;'ivl;lUF, �� hE:%JRUS ELECTIONS TP; :.A,.,T' a. - F I.I.v w JI_N� 1DC8 -- '- "-' CIVIL ENGINEERS & LAND SERVEIORS 2-e ,r; I'.+�_ V' 18) 32'--1 VSJN �. UFLy ;,r - -- :;ti�efill i?ndenl 0' Du I'dS —_ - L.=':'�_a:e fr C. )_.:.f S - tlY5S 1N:,rC•+ 9.. -.2 5913 % s::.,11676; 3.371-?I?5 PoRno1V OF NORTHWEST QUARTER ICE THE: NCEASI` FTHQUARTER OF SECTION SC, IUWV$11TP 2:i NOR`1'{I, RANGE 5 Fa?I, W.M. 5 � G CITY OF RENTCN `�,rJ, '�=�sr ° 'F • ,'• SHOR^ PEA" NO. lUA- LND- STRADA DA VALLE SHORT PLAT 2400 EAST VAI LEY ROAD, :mac:")TON. V;'A 08055 TAX -OT 3O'2305- 9103—G9 DRAWN Sy F21-'T �P E'i_K _C B-.. ,;f.�'Jti'' I -,.. o, r'. IN 'A 1 13.ti_DD,2GL91c5':tlwg,XSSVRIAwy, 03f0=—I5 ,s.w 40 �N USE NL] J — JOINT JOINT USE }RI VFWA7 FASEMEN TS JOINT USE TO BE CREATED BY o-CLARAII(7N OF ASENENrs av NAN AN JOINT USE _ DRIVEWAY DRIVEWAY c� i ' JOINT USES 4, incK cNc ,r. Nor: - c AGREEMENI RUNNIN2 WI H rHE LANG" RECORDED ALONG W PT EASEMENT EASEMENT .; STRIP B '--� ._ DRIVEWAY ,'�' _ EASEMENT t ,,,' JpINT USE DRIVEWAY cfT lar-TAT rGRllchia Thl, RLCORO OF SUPL'E" UNDER STRIP A , \`FYI r� EASEMENT :,N1 ,r z:.. KING COUNTY PECOPOING NO. LOT 1 '` LOT 2 STRIP C STRIP D N ——---- :'. LOT 2 OT 3 3U p' EAST VALLEY ROAD EAST VALLEY ROAD DETAIL A DETAIL B — •-- _ - -- 5cAl.e 1' 10' SLAM - 40- R.11�I� INC, r.II cN;: SR167 ° 359 Nij. L t2 REh . �. PRDT PosEo• TtiL; - LC.-.1 b x.. - J�.�"_� _ LOT L Ex. BU LrIN B � iit 2Y 56,509 SU. FT. 1 5"DRY CCKRLlE " i�7UUILDING A 1 OFF CE BJILT)ING c -VR NAIL EAIEMENT SIR lF4i? -� 1-SIDRY ON-RL`E Ip��-It -PROPOSED 1.2473 ACRES Na srr: roe';v: \ _. .� OFFICE 9VIL]ING 6 LOI LINE IS.938t _ 1a, 432t SG. FT. _ 'I AT ; ROI:Nf Lc'/EL y l,J Ar r> .a7 AT GROUND LEVEL D [nn _- .RA,1 I, - I O RT"I, E,N 11- ,'l �En c, csc 1e ; SLOT 01 f T, �I..r,�5 g- ! "-,e.RkNc' _� _ , , I i ER a M �r rar r m� - - �.f 1- �r ACRES �.-j..-,F'1 L n 2 Yg ,J a ;....,._ E.213 - ��~I I�..o n fi. Ins r -- f r — - - - _ -- — - L� 3, oNaiaAr_ -1 _ 'r _ 5 4n ur �f y F_ W Y _ `ems TL 3C2303-SOLI o I cr. a ! -.R1 F uF r - 11 1 'A 4U "-.'11 i e(IN - l _' JOINT 115E FS' , Lin- J i - 4'i t; - rv] P'-�. KFE .�M1EN r::h A{,;� SC] r cRIVE.A. _ _- 6?:C _✓� - F J Oi _ _ _ L ,/_ EASEMENT _ - > J (- ° CIN 5C ' 'm hSLi S �1li. RSry N F - f (SEE DETAIL A) ;,-, pR'hAY EASEMENT z , n 4 t _ " - L I C7 raLO F r - - _ s w -t ! DETAIL 8i a - V / - a�EMEI Z a3'f, LINE I C) - sR_ t EvcvT r T. ,: 430.70 !...ka - T" � m I' .=y 4 Fcc No GV49 52a290.39 S w +f 1 cr I`T 33 h''I Rt6 'h .rvE NIan, - _`" --✓ I ..-- - _— —I— GNl N f.. CC WM. 1.3 I ❑ ra rr : h'RI rr,T..L. _ Rn'n vE f4 IE Inc EAST VALLEY ROAD N IDS TR.]- an F] - - - \_.Pii'N' Mon.IMErI' E ccTack !V 2 L'C:J:' PIN (;A`:F.. - - - DcwN ' /I iTED SLIRVFY NOTES. HORIZONTAL DATUM, WASHINGTON C04iRD!NATE S"S-EM, NAC 83/91, NORTH ZONE, PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK, SITE MAP BASIS OF BEARINGS: CITY OF RENTON HUR'ZCN-AL CONTRCL POINT NUMBERS 116G ANU 230. SOUTH SB'58'06" CAS' 2659.31 (CALCULATED AND MEASURED). PORTION OF NORTHWEST QUARTER OF THE INSTRUMENT aw�p. wA IIORT14EAST QUARTER OF SECT[oN 30, THIS SURVEY 'WAS PERFORMED WITH A _FICA TCR 1105 TOTAL STAT'jI%, ,tY TOWNSHW 23 NORTH. RANGE fi EAST, W.V. SERIAL NO. 621961, AND A LE CA GP51200 SORVEYING SYSTEM SERIAL +9 ' NO, 160230. o °' ` o `' a_f r, o w `� t. CITY OF P.E`r'TON PRECISION: p, ,t ♦ j+ REFERENCES: PRECISION FY:CFEDS '. 10,070 GROUND TRAVERSE METHODS AND WERE IN { IN FxF.T } SS �rsiE+'�' yJ� "� SHORT PLAT NO. LUA --------- ACCORDANCE WITH WAC 3t,2-1JU-rW 1 inch = 40 It. it k ,-:- LND_ - RECORD OF SURVEY, REC. N0. 8202189001I. - RECORD OF SURVEY, REC. No 9111089007 FIELD SURVEY: - RECORD OF SURVEY, REC. N0. 9509059008 THE FIELD SURVEY WAS PER'-ORMLD 'UNL 200!1 +� - RECORD OF 5URVEY, REC. NO. 9606199001 ANGLES AND DISTANCES SHOWN HEREON ARE Or, GROUND, UNLESS STRADA DA VALLE SHORT PLAT RECCRD OF SURVEY, REC. NO 9902129009 OTIILRWI;L NOTED. - CITY OF RENTON HCRIZCN-AL SURVEY CONTROL 2400 EAST VALLEY ROAD, P.EhJTON. WA. 9?' F5 NETWORK SECTION SUBDIVISION, TAX LOT 302305- 97 �' -':3 - ASCOT SR167 HIGHWAY MAP _ S. 228THi TO SUBOIVSIUN OF SECTION 30, TWP. 23N, RGE. 5E. 'IVAS CALCULATED PER BUSH, ROEQ & HITCHINGS, INC. REN70N RECORD OF SURVEYS "RFC, NOSE2D2199001 A'40 911108DO,27" CIVIL ENrJINEEHS & LAND SURVEYORS (. -2A . HY 12 1 C,ATF. �B '✓� I r :'WbIOOnCC._ 31 4144 sEr. r,E s +bry , fz_gas spa C-iECKEC _ti JG''N SCALF: 1ncr,.,,Is 4.. .. -, P/i xN .6 L* LZE I 9z,54.62 s iS HiLZ MS C�-Jll ssr L S 2,� 4 I P P o LIj en Ld 61 ol Z i33HS IHO V9,Tzz So,() LnS 9 w � j ? li Ll 2008105 1 of 1 �- E (1 T O N TI r r ,I I �. n i P L A T E' II"' 4}" fA N S' E LiNG70NiY N 0 Rm HER N'rOR f L L f A r�.'J -- - n i ARK r0 F, R E N JT 0 N 0=I v. ,w - VALLEY �.. �.�fl❑ x N-z+_Mc ST i' .i A s as , ti� YS lj R af3 = gip'_ m Q= 'r ' ♦ ;,. �x. try-+ - Is rl }� � �l(� ®, = 11 � �I. F6 a } T•Q 'I� k r*t P1,C- s y '_��10�5�_ "��a�,Y 'ri <�k�'.;,✓`:...� C]; I 4 *� '" �- �� +'� a a � .�.i �' `�� ,� ° = n - -�- e a�Pc 6 tl S on _ ,•j ;CIGI!30!<'iObb bF-Af. 4'AF • fli ry` _ m STRADA DA VALLE SHORT PLAT BUSH, ROED & HITCHINGS, INC, Clm �pN�RS LAW SUR6VEYORS A SS AL _ 4Y - - L } 2400 EAST VALLEY ROAD � R;NI�N il'I:: _I;JP t" WPSMIPti I'J" — — ^ n� 11"RCN CEMTERLfNE 1 I y yin I u z - ` STORM DRAIN EAS CNT AREA F UNE TABLE LINE LENGTH _ HEARING L1 6.65 1' '11 L2 30-71 4' L3 t207 ' L4 13,44 N54W'00•W L5 15.22 NI L6 16.33 N01'49'52•E L7 17.20 S6454'07• L8 13.99 N 4 L9 21.59 23 - 4 59 " SR 167 a W 5 [ Br rear I N gy�8'53 I inch - 40 l`L STORM DRAIN LOT Z EX. IIL'ILOING B EASEMENT ,-STORY CDNCREIE STRIP A-1 LOT LINE G OFFICE BUILDIN ,yI6 SR 167 Ex, BUILDING A eo reow uM•. Ir ' i 3'. `00 1r ROW LIME ow ' 1 N0,'49'52'E "--WES- UME NW 1/4 NE 1/4. SECTION 3o —` 1-STORY CONCRETE OFFICE BUILDING STORM DRAIN LOT 1 EASEMENT - — -- STRIP A-2 - r 50t'36',1•W - STORM •-S a4C' STORM DRAIN 1 _ s _ - - - - - - ��T = — -- -- STRIP D 'i`ER1dTL3ii3RA DRAM Td -r - - STRIP C STOR4 DRAIN MAN HOLE I'� = — — — -- - - - - 1 .I W'. STORM DRAIN 5 01.3e't t w i 15.32 V L2 — ` — y --- ._ - - 71LtiERT� EASEMENT in �, R Lt� `. - _ L3 STORM DRAIN L4 T ve CdJ - EASEMENT n r w 430.70' - -'- - -.., � t , m L5 AREA F _2 01-49'52 ` tRnw cEN ERUNE EAST VALLEY ROAD SEE STORM DRAT r - - - - EAST VALLEY RD EASEMENT STRIPS - — - - _ - DETAIL BELOW Sp ye7 iIN n= I _ ;--"—` "------Y 1 inch = 40 tL T i 4W _. � I 1 l �img 1 rN00't 4'35"E 1 � $ 1.70' _ — — e35' cn ti — --7 r'—! 15' b CV r I ;a LOT LINE I DETENT1 LOT 3 i l EN �i s EASEMkEASEMENTT W EX. BUILDNG C AREA 1--STORY CONCRETE OFFICE BUILDING J DETETPOND m i 3 Z. N I LUMBER YARD ACCESS mm EASEMENT N AREA x S �� _ _ 560'14'35•W ,gi, m S02'43'24•W $02'4324W �f o n4 s+D DETAIL 1 *' MESTORMDRA- - Ah N' EASEMENSTORM DRAIN EASEMENTS17, 4T— ---------- =----- w PDRTION OF NW 1/4, NDETENTION R 1/4, Z zs;g POND SECTION SE 1SRPE ACCESS �TOWNSHIP 23NRTH. RANGE 5EA _ . EAST, W.M. ...._..- ... R 37 a'a 1217.03. - -- 7,.as RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD, RENTON. WA 9H 5 ,'`NEST LINE NW , —ROw. CENTERLINE OR BY F?H I' :)ATE. 'D}02/'�9 � �'�UF �I i. l]�I � _ - EAST VALLEY ROAD '—WEST 1/4. SECTION 3o EAsj IAL�EY RD. H CHECKED BY JGW I SCALE. = 40' S EE- ,; OF 4 LOT-- a LOT 2 LI l"32'S b� w 1C460' LOT uNE f S4b'41z09•� } F cw 777 574'56'44-E I 1 w �--7-- 7750' r f TELECOMMUNICATIONS) so4y+'os•w yr r ,r L 2 7-00' q TELECOMMUNICATIONS TELECOMMUNICATIONS 'So EASEMENT STRIP 2 EASEMENT STRIP 3 EASEMENT STRIP T ! a --5-91 Al -2 � cw --. —__ ------ -- - _ — Easr vattEr ROAD TELECOMMUNICATIONS EASEMENT STR LOT LINE LOT 3 IJ, - -A' ING B i )NCRE'E rIDINC L y LI Vii>G� SFrvF'1 cEuErv" Np •,ro�oeor•sza 57'44" W e' DETAIL - - IN FEET 1 1 1-h - 40 r" EASEMENT NOTE: JOINT USE DRIVEWAY EASEMENTS TO BE CREATEO BY "DECLARATION OF EASEMENTS, COVENANTS, AND ENE GDR. sLc. 36 END. TACK IN COI MON. AGREEMENT RUNNING WITH THE DOAN 0.5, os'-Ec s-25-09 LAND" R EGORDEp ALONG WITH s1� (i DF RENTON TL*170,74L THIS RECORD OF SURVEY UNDER CON1TtOL PN T. 2301=:. KING COUNTY RECORDING NO. N 120575. 43 '..y r F E �Y.AA42 5,�. `ROW CENTERLINE nq m3 V ,Is JOINT USE JOINT USE DRIVEWAY DRIVEWAY EASEMENT EASEMENT STRIP A DG STRIP B LOT 1 5 saN p'na E CALE: V _ 40' -a LOT 2 W EAST VALLEY ROAD DETAIL OF THE EXISTING LOT 1—LOT 2 COMMON ENTRANCE DRIVEWAY RELINOOISMMENT OF AIL iAND FG NRE RIGHTS TO LIGHT, MEW AND AIR TCOFTHER WITH THE RIGHTS OF ACCESS TO AND i THE ST47 HIGHWAY REC. NO 5379810 4DI EASEMENT -� NO. 9107080927 SR 16 'e HOW LINf 7 PLANTER CASEMENT FOR ELir l DISTRIBOTION SYSTEM //// REC. ND—Y5080tC393 5756 - 1G0' n :f 7=7, 185a �- - • l OP5. w ^ TL 362303-9001 "'`m 9F DRAINAGE Pcc = !f W pp n BSdL• _i9 STD. y- p SR 1 0-7 EX. BUILDING A 1-STORY CONCRETE 'HANDICAP OFFICE BUILDING LOT 1 PARKING' SIGN 4' 52,845 S0. FT. I® 'E 42132 ACRES IF --Wn'ifRLINE EASEMENT REC. N0, 9107G80928 `•NO PARKING - •NO BOE4NG PARK I NC PCC NO BARKING 'j�1� FIRE LANE• SIS;N PCC BETWEEN SIGNS- SIGN Y STORM DRAIN MANµOLE 1 S FIRE LAKEI SIGN Ste, PS I I I 11 1 1 IT1 TD PS 1 I - Sea'iC'na"E 53.3tl' DRIVEWAYwv EASEMENT16' DRIVEWAY STRIP C- EASEMENTsG OT 2 11STRIP D LOT 3 EAST VALLEY ROAD DETAIL OF THE EXISTING LOT 2—LOT 3 COMMON ENTRANCE DRIVEWAY u Eli -I 71.C' 1234,59' 296.i5' - 4LANTff "`' VAftKINu } f LOT LINE LOT 2�- 56,508 SO. FT. E8. BUILDING B _ 1-STORY COhOINE i 1.2973 ACRES - LDr LINE oFF1cF BuaplNc 1 I _ H 4NOICAP PARKING I r_4 SIGN Y 2 STD. P5 a STD. PS -�- JOINT IIII DRI4ENAY EASEMENT SEE DETAIL7 PC 15 ` y R SD PS ` F � I15' wATERLiNE EASEMENT` X a S -74 con. ME 1/2- 1 Nx W Nsl Tfl?G5-I?5-OBE. G(]uN 0.3' �5 {arr of RENTUN MORrzGNFAL N 113O7 PNT 1±SDJ _- -� N nas?a.e' F I297d8s.aa� cw '--WEST IN- NW 1 j4. WE 1/6, SECII 30 - - �`�t -- uutsiING LOT 1-SPECIFIC ENTRANCE DRIVEWAY - - - - - ..: _ sW.ALR��_,= - r5 01'49'Sz" W 1 \.-Now CENTERLINE EAS' VALLEY RD S �1 _•49 52 CW - --". _ _ EAST VALLEY ROAD _ 147 65' 3+, A/C - It EXISTING LOT i-LOT 2 COMMON ENTRANCE DRIVEWAY (SEE DETAIL) �, fr ' " -RaW MONUMENT E. 'r A'_LEY RD. FND TACK IN 2" CONC. MON Ih CASE. ` GOWT! 1, 0' �ISITEG a-2'-ob ( IN FEET } 1 i-n - 40 1t FIELD SURVEY' THE FIELD SURVEY WAS PERFORMED JUNE 2008. SURVEY Ni ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND. UNLESS OTHERWISE NOTED - HORIZONTAL DATUM: SECTION SUBDIVISION: COORDINATE SYSTEM, NAD 83/91, NORTH ZONE, SUBDIVISION OF SECTION 30. TWP. 23N, RGE. 5E. WAS CALCULATED PER PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. RECORD OF SURVEYS "REC, NOS: 6202189007 AND 9111089007"- BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, * FRONT YARD BSBL NOTES: SOUTH 89'58'08" EAST 2659.31' (CALCULATED AND MEASURED). REFERENCES: UNDER RENTON MUNICIPAL CODE SECTION INSTRUMENT: - RECORD OF SURVEY, REC. NO. B202189001 4-2-120. THE 10-FOOT MINIMUM FRONT THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION. - RECORD OF SURVEY. REC. NO. 9111089007 YARD BUILDING SETBACK SHOWN PER SERIAL NO. 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SERIAL -- RECORD OF SURVEY. REC. NO. 9509059008 RENTON'S COMMERCIAL ARTERIAL (CA) ZONE NO. 160230. - RECORD OF SURVEY. REC. NO. 960619900' MAY BE REDUCED TO 0 FEET THROUGH - RECORD OF SURVEY. REC. NO. 9962129009 RENTON 'S SITE PLAN REVIEW PROCESS PRECISION, - CITY OF RENTON HORIZONTAL SURVEY CONTROL PROVIDED BLANK WALLS ARE NOT LOCATED PRECISION EXCEEDS 1: 10,000 GROUND TRAVERSE METHODS AND WERE IN NETWORK WITHIN THE REDUCED SETBACK ACCORDANCE WITH WAC 332-130-090. - WSDOT SR167 HIGHWAY MAP - S. 2287H- TO RENTON -"HANCICAP go '"4 Pa RINNG• FCf. O SIGN Go 00 - ,1D ^-� I F- ,+, F RE L h_- +ICI 9 TD. pS — L STORM ❑RAIN NMCLF _ - MA - S - JOINT 115E pRIEMENT _ ITARY SANSFWTR EASEMENT - EASEMENT (SEE OETAILI REC NO. 91 HOBO 9?' 1 1 5 STp j FiScl' - LE� LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGL 5 EAST, W.M., KING COUNTY, WASkINGTON. LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. SITE MAP PORTION OF NW 1/4, NE 1/4, SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. AUDITOR OR RECORDER'S CERTIFICATE SURVEYOR'S CERTIFICATE RECORD OF S€JR11EY Fl Fled for record ;his day of , 2D at a This nap correctly repre5ents a survey mode ay me or S-MADA DA VALLE LLC it Book of Surveys at page at the request of urge, my direction it confurmunce with the 11rements 2400 EAST VALLEY ROAD, RENTON. 1VA 95055 HUSH, ROE se HITCHII INC. Of the = r e Recorami Act. at the request of STRADA L%A VALE LLC In UNE 2D U8 BUSH, ROED & HITCH]NGS, INC. COUNTY AUDITOR OR DIVISION OF RECORDS &ELECTIONS — , CIVIL ENGINEERS & LAND SURVEYORS DRAWN BY RHT GATE: 03j02/09 JG5' �! 2008100.00 2609 Mil AYENVE EAS' ('m 3?3-41- CGuntM Auditor or Superintendent of Records Certificate No. 3-5139 lgrn ys3 sHlNola+ rAxj (zoe} 3zi D1358 CH ECiC EG GY JG'A' SCALE: 1" .- 10' SI-ICUT f Cf- 4 i . ROW LINE Ii 2.1' :0 •'ACE R-T WALL SR 167 su x LAN_- U� fo PLC y PCC , - H0.N131G4f •�5,' 1-0 LINL 77.1' PARKING" __. � SION _ j '�i��o — - - IRR I JRR,C. LINR Loy 3 I a i s�o Y �'fi CHAIN LINK � NC` NLI'WaLL --- '-- T 1"` l Ex. 8uil.OING C 1a4.C74 Sa. FT. 3,C779 ACRES a I - # `-STORY CONCRETE I, OFFICE BUILDING I Ln _ '� '" WATENLiNE EASEuENT REC. NO 91O708C928 -HANDICA? PARKIA�i If I -� CLIMBER YARD TL 3023D3-9096 74RKING- r JCOURIER iR •�.O - -"N(} PAR - -- I FCC .� 1`-� t` - �- , V I r-8, wpCJ OCARD FENCE PP- L4NE' `_ICN _ J 15' I �' 1L. j IU,.5' ` JOINT USE - { I� I15 iiq ADRIVEWAY - �EY{CH T. PA }l 4 Slo• \� T.��'.. ..'I -NO RKING ..,��`• SIGN s Sb ABC a F �. �v PCC ; 1 --'_�� P5 1 e -< FASEMF.NT (SEE DETAIL) PC, -_ - 1 �' �� -. jJ➢ t-{' z I AkH ARY SEWER III I BS@L I' i' 1 J S*Pg A . EA MENT REC N0Pi V CONC o 7 fTG P� I I - PENCH A/C I 3 I r 2_1. TO FACT RFT. W:.I.L 32.0' - —' .. �0./C CW -3. C9 U - py - —._ c ---RCW LINE {Tm! CENTER CF. -._—'_•.. I.11E 95'(f;( �: - - _ _ . - -F - ` - I _ W _. -.. y�,,� - -_ _ ---w - 'fr. ..FCTICN ;CALCULATEG) C) EXISTING LOT 2-LOT 3 _ •S5'EED LIMIT-= I -- ai COMMON EM1ITRANCE OREVEWAY l5" SIGN � �se'S2- w I ye' _. _-�- (SEE DETAIL, SHEET I) -WLSI LINE NW I ,41.-._RAST EAST EXISTING `ROW MONl1MEN- VEITCRLINF VALLEY ROAD NE , .. sECrori ae LOT 3--sp TC E (n `-kG_ -rja BNdS, DISC W7" LINE 11 ENTRANCE DRIVEWAYIN ..ovc. MpN IN CASE.. DOWN J.4, Wi SITED r-n-]E fv EAST u,GsCF CAL4. N IMTEP,SE;;T:Gh /- LEGEND 19 20 SECTION CORNER } FIRE DEPARTMENT CCNNECTICN �°' POST INDICATOR VALVE 29 Q FIRE HYDRANT REC. RECORDING 19 BET. RETAINING WARTER SECTION CORNER FT' FEET 30 G CAS MAIN SD STORM DRAIN 0 SURVEY M3W-WrNT GAS NETEjI W STORM DRAIk MANHOLE A/C ASPHALTIC CONCRETE PAVEMENT 9 GAS VµVE BSBL BUILDING SETBACK LINE 5D. SQUARE � H HANDICAP PACE ARKING SP (C) CALCULATED EMIRR IRRIGATION CONTROLLER S/S. SANITARY SEVER -� » CATCH BASIN LIGHT POLE SANITARY SEWER MANHOLE { EN FuT 1 inch = 40 1L CC CONCRETE CURB , WALK LIGHT ® STREET LIGHT JUNCTION 60% CD CONCRETE DRIVE NO NUMBER TC TEI.E.COUMUNICATIONS CONOU3T PCC PORTLAND CEMENT CONCRETE PAVEMENT OfH P OVERHEAD POWER o TELECOMMUNICATIONS SENTRY CW CONCRETE WALK —< OUTFALL TVLT TELECOMMUNICATIONS VAULT EC ELECTRICAL CONDUIT 0" Oil/WATER SEPARATOR 'r UTILITY POLE ELEC. ELECTRICAL PS PARKING STµI W WATER MAIN ❑ET ELECTRICAL TRANSFORMER STD STANDARD IE WATER METER C]EV ELECTRICAL VAULT C01P COMPAC 8 WATER VALVE ND. I,M4 IN t SC. �Eh Tut. -NI,L �:cwTF91. nv�. n6n) PARTIES OF RECORD STRADA DA VALLE SHORT PLAT LUA09-042, SHPL-A David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd ste: #202 Fircrest, WA 98466 tel: (206) 443-4684 eml: davidhalinen@halinenlaw.com (contact) c/o Gary Merlino, Manager Strada da Valle LLC 9125 10th Avenue S Seattle, WA 98108 tel: (206) 762-9125 (owner / applicant) Updated: 03/27/09 (Page 1 of 1) ! R — — EASEMENT NOTE: SEE 'DECLARATION OF EASEMENTS. COVENANTS, AND AGREEMENT RUNNING WITH JOINT USE DRIVEWAY JOINT USE DRIVEWAY SBSTO PSG ss.35' NE coR. sEc. 3O THE LAND' RECORDED ALONG WITH THIS EASEMENT I I EASEMENT JOINT USE I JOINT USE FNn. TACK IN coNCREIE MaN. , RECORD OF SURVEY UNDER KING COUNTY STRIP A $�Ip B DRIVEWAY COAv 0.5'. 48TTro 6-zs-OB [clrY of RENTGN NORI?ONIAL RECORDING NO. CONCERNING VAPoOUs EASEMENTS THAT LOT ,5' s99TRIP s3.a5' EASEMENT -. 1@' DRIVEWAY 3r EASEMENTS CONTROL PNT. 230} HAVE LOCATIONS DEPICTED ON SHEETS 1 STRIP C '� � STRIP D N 170575 43 E ,W54275 THROUGH 4 OF 4 OF THIS SURVEY. \ 1 LOT 2 LOT 2 in LOT 3 J 4 m n. � 30 C ? D. � 32 495, 3- W w CG CW EAST VALLEY ROAD EAST VALLEY ROAD i DETAIL OF THE EXISTING DETAIL OF THE EXISTING LOT 1-LOT 2 COMMON LOT 2-LOT 3 COMMON _- ENTRANCE DRIVEWAY ENTRANCE DRIVEWAY _ REUNOUISHMENT OF ALL EG 1 ROW CENTCRLINE AND FUTURE RIGHTS TO UGHI. VEW AND AIR. TOGETHER WIM PLAµtEN Or 6 THE RIGHTS OF ACCESS TO AMD m @SRE 710' M OIMN E STATE MI WAY REC. O- 5376810 67 1234.59� 286.15a •� _..a 09"Z$'53?'N �Lo-alEa �_ -- -HANmcAP w Pcc .._.p g� LOT LINE ' - - 850'- '- r 17.i LOT 2 � » 441.761 - pl'A'N EX. eL11LDlNG 6 56.5D8 SO. FT. 1-S70Rv CONCRETE H < W I DRAINAGE EASEMENT NEC, NO. s1070e0977 Slk 167 EX. BUILDING A 1-STORY CONCRETE LOT LINE ].2973 ACRES OFFICE BUILDING I 22 U-6- w - "HANDICAP OFFICE u 'nm < nl RUIN LINE PlNNTER i� EASLMENT FOR ELEC. ] LOT Ot5TR16JT10N SYSTEM LO BUILDING PAR ING" .;p SGN I76' 'f 'HANDICAP PARKING" "HANDICAP PARKING PCC � �(TYP.} _ - Y .I 57,56' REC. N0. ]508064393 52,B45 SO. FT, IRK ,7.a SIGH NON — -� N 1.2132 ACRES 100' TOP OF---y 730' —� RANk Of •.� i I FS P55T0, A STD PS PARKIN _ TL 302303-9G61 `� ' x O p I 40 DRAINAGE GTCH jry - ~' I pCC _ 1 I I —WAIEkLINE EASEMENT 'N0 BCfIkC P0.RKING REC. N0, 410]090926 ENO PARK,NG - BETWEEN gCNS' SIGN- �-I �I il"-- -1 iC1fi - 3 5, N IC+ USE � DMV AY 6ENC - - ET FIRC LANE" MON F I . pl I a5.0'� j-... I PCC FIRE _WE. "NO PARKING PCC SIGN S B� - AMAEHT _ ' 7RAL STOfIW g7A1N YAMHOLE �' ---. z 'GB '1n ) BGHL� 9 STD. PS ~:_ - IIRE LANE" i STORY pgl,}N YANNpE[ I II J I I I , �-m I 1 C Y] I (ME DETAIL) y r PCC 1SANhTARY `----3--- SEWER - - ORIyENA�Y 1 EASEMENT ` - € A �1P.J NE rat 7� i I 1 S P5 I I 71 STD PS I i I I -t 9 STD. PS � I �- EASFYENT (SEE TAJQ PETAN.) I I o SNAIE T IS 'IS' WATER REC- N0. 8,0708009?6 { I I b og ..-. - 305 ` _, _-- I I I T5I STD. �5 I I I BSRL4 i cw CD i.... G ..- -.- }Ir-1a`SWA - S 1'{ 9 I 141 6` '- N. �4 CDR- SEC 30 - - " 1'a953 CN, '_ Dp -- 32.0 rNO, I/2 BRDNOE R00 I -- -. - - - T9'52" _. - �. - `� - - T A/C p W/PUNCH IN CASE. DowN 0.3' WEST IJNE NW 1/4, rsTED a-2s-0@ $ NE 1/4. SEcnpN aG W - _ 16 (CITY Or RFNTDN HIXt17ONTAL E705TING LOT 1-SPECIFIC OW CENTEP.UNE EAST VALLEY ROAD SET TACK IN EXISTING LOT 1-LOT 2 Y - CDNIROL PN i, 1160) �� N 17o578.a7 - - ENTRANCE DRI4iWWAY EAST VALLEY RD, LEAD PLUG R SHINER ISyaas3a COMMON ENTRANCE DRIVEWAY E OYP.7 (SEE DETAIL] -POW MONUMENT E. VALLEr RD, 10 tl - - - END. TACK IN 2' CpNC. WON INCASE. - _ - Daft T.a VISITED 5-2.5-C@ ( FM) - - - - I �h _ 40 rt- FIELD SURVEY: LFGAi DFSCRIPTION.. THE FIELD SURVEY WAS PERFORMED JUNE 2008. SURVEY NOTES: ANGLES ANO DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS LOTS 1 THROUGH 3 OF STRADA DA VALLE SHORT PLAT, OTHERWISE NOTFD. CITY OF RENTON FILE NO. LOA 09-042-SHPL, HORIZONTAL DAT71M: ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME WASHING70N COORDINATE SYSTEM. MAD 83/91, NORTH ZONE, SECTION SUBDIVISION; OF SURVEYS, PAGES THROUGH UNDER KING COUNTY PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. SUBDIVISION OF SECTION 30, TWR 23N. RGE 5E, WAS CALCULATED PER RECORDING NO. RECORD OF SURVEYS 'REC, NOS. 8202189001 AND 9111089007", BASIS OF BEARINGS: • G. CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, FRONT YARD BSRI NO]E=� SOUTH 89'38'09' EAST 2659.31' (CALCULATED AND MEASURED). REFERENCED. UNDER RENTON MUNICIPAL CODE SECTION 4-2-120, THE 10-FOOT MINIMUM FRONT INSTRUMENT: - RECORD OF SURVEY, REC. NO. 8202189601 - RECORp OF SURVEY, REC. N0. SITE MAP YARD BUILDING SETBACK SHOWN PER THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATQN, 9111084007 _RECORD OF SURVEY, REC. N0. 9509059008RENTON'S COMMERCIAL ARTERl AL CA IOfVE BE REDUCED TO 0 FEET THROUGH SERIAL NO. 621961. AND A LEICA GPS12Do SURVEYING SYSTEM SERIAL N0, 160230.- _RECORDOF SURVI=Y. REC. N0. 96D6f99601MAY dF NW 1/4, NE 1/4, *��%�LLAW RENTON'S SITE PLAN REVIEW PROCESS PROVIDED BLANK WALLS PRECISION: RECORD OF SURVEY, REC. NO. IJ902129009PORTION - CITY OF RENTON HORIZONTAL SURVEY CONTROL SECTION 30, ARE NOT LOCATED WITHIN THE REDUCED SETBACK PRECISION EXCEEDS 1:10,D00 GROUND TRAVERSE METHODS AND WERE IN NETWORK - WSDOT SR167 HIGYIWAY MAP - S. 228TH. TO TOWNSHIP 23 NORTH, RANGE 5 ACCORDANCE WITH WAC 332-130-090. S.I, M RENTON AUDITOR OR REOORDERIS CQtiFICAIE SURVEYORS CERTIFICATE RECORD OF SURVEY FOR: Filed for record this day of _ _ , 20 at M. This mop correctly represents a survey mode 6y me ur STRADA DA VALLE LLC in Book a' Surveys vt poge of '.he request of udder my direction n Conformance with the reauiremenl@ 2400 EAST VALLEY ROAD, RENTON. WA 98055 BUSH. POED & IUTCHINGs, INC. of the Sw eyy RecorWdin Act at the request f STRADA BUSH, ROED & HITCHINGS, INC.I COUNTY AUDITOR OR DIVISICN OF RECORDS & ELECTIONS 11A VALLI LftL y- in DUNE . 20OH CIVIL ENGINEERS h LAND SU�RpBV)S, DRAWN BY RHI DATE: 9-13-10 JQR 2D081UJ.UC �r 1,,,,L 3000 tRLQ A�ceuc -IT , t8U6-aFa}-o90µ@ e No. _ _ 446341oswaA9,wcrex County Auditor or Sup—Intend-1. of Records rcer (2G6) 323-T, 3@ CHECKED BY JGW SCALE 1" = 40' SHEET 1 OF 4 x a a V F2 } , I f A I u a r r ya I a Boll } E 1 Iijog I 9'9L ` 1 1 �z4 6.On' I� CCII I��l� { 6• W— �121—P 5 1 / C /ZIPS I "p iktG NON TUCBM28 I '� tb CNAS aramEi MUON SW 27TF ST I L; xo I s cc 32]_14' 5 89'45'25' E N F SOVM U E NW 1/i. r m n�sr�i u y NE 1/4. SECTION 3D ZQ xNm F bo c �tiz n l Vm ! F< a F r 1 I ! A s 1 E ug8 �g$in� ug It I 31 STORM AN EASEMENT AREA F ONE 7ABLE LINE LENGRI BEAMNG o ROW CFTII:RUNE L, 5.51 L2 307I sm,43,2ew L3 12.D7 Nbno W mf �� U L4 13M 15 55.22 L6 ,5.33 _ Ui L7 ,7.20 TrE LS ,3.99 NO2'43'2LE LB 21.59 - Ira i„'op� ROW I]NE r [b 90 n ROW LNE w I (D = [[[jjBII N01'19.32'E si I VEST ONE NW 1/4 R NE 1/'• SECTION 3D e get 167 W 123q.59' ( W FnT l Q9 2853 I Loch - 40 n LOT TINE EASEMENT STRIP A-1 EX. BUILDING A 1-STORY CONCRETE OFFICE SU,LENNG LOT 1 S1,]RN DRAW ,IAIA71 C STORM DRAIN - FA SDAENT �--8 30,70' LOT 2 EX. BUILDING B ,-STORY CONCRETE Iffl -LOT LINE OFFICE Boom, i STORM DRAIN EASEMENT STRIP A-2 Er-F—= S01'36'11•W t22.02' — _ = = 8 P FA ENT 6 AREA F J 1 I'STDRM DRAM 0W cENT[RUNE EAST VALLEY ROAD SEE �T�l.AIN E45T Vn.1-1-EY RD, EASEMENT STRIPS F - - - DETAIL BELOW If 167 ( IN n" _ _ -t----------��+ I I �- II V LOT LINE LOT 3 I EA. BUILDING C 1-STORY OpNCREtE I OF ICE BuRDING I DETENTION~ POND f� ACCESS l bL EASEMENT AREA 5a2"43'24"W $p2'43.24�M� - 27.70 155.40' 47.82' STORM DRAIN - r j 1.73' Si{1a g L. ¢AQ 1,7V S iKK66 C, - S5• n POND AS£MENT W s � �b Y? LUMBER YARD EX. BUILDING B 57619'09•E LOT LINE EX. SUC.DING A 78.E 0.38 1/ STORM DRAIN EASEMENT / STRIP A-2 LOT 2 s DRAINT EASEMEN STRIP A -I j STORM DRAIN LOT i EASEMENT N0,36'O-E I ! STRIP D 750 ! I Na136'1}•E� $51'O6'11•W STORM DRAIN EASEMENT Y I4�90_ ,s2'ox - - - STRIP C S"IWOVE 5.00' ----- N3a'3p w 2?,7y' 75' 22 STORM sv7 rAccMN 430.70' STRIP EASEMENT •„ W l'1O'23-W �� 1 '� STORM DRAIN --_ �- ---------- -- --- _ ---- -- -- - - --- * I e�tiv"`b EASEMENTS T} sD7ns52'e�'�I� DETENTON "'R PORTION OF NAY 1/4. NE 1/4. 2 : STORM DRAW 125.Da fo gl POND * s T SECTION 30, EASEMENT TOWNSHIP 23 NORTHRA , NGE 5 __ I EJlSETIENT Mg ` ,L LNG EAST, W.M. _ 7.50' AREA rc . L 7t+5' aw - CW cW �9 _aw'�iNi RECORD OF SURVEY FOR: 3I6.96rc STRADA DA VALLE LLC D14952" W 2400 EAST VALLEY ROAD, RENTON. WA 98055 .EST ONE NW 1/4, R0 CEN,TAVNE F- DRAWN BY RHT DATE. 9-13-10 JOB # 2008105.00 EAST VALLEY ROAD NE ,/4, SECDON 3D EAs vAu r Na, n 8 N _` - - _ - - a0w.jnE_ I-1 CHECKED BY JGW SCALE: 1" = 43' SHEET 3 DF 4 DEPARTMENT OF COMMUNITY City Of . AND ECONOMIC DEVELOPMENT D '` M E M O R A N D U M DATE: January 7, 2011 TO; Bonnie Walton, City Clerk's Office FROM: Carrie K. Olson, Plan Review x7235� SUBJECT: STRADA DA VALLE SHORT PLAT LUA09-042-SHPL Attached please find two sets of the above -referenced original Mylar and three paper copies of the Mylar for recording with King County. The recording instructions in order ore as follows: 1. Record the short plat Mylar. 1 Record the Record of Survey drawings and request King County to write the recording number in the space provide on the Mylar. 3. Record the Declaration document and request King County to write the recording number.in the space provide on the Mylar. 4. Request King County to return a copy of the executed Mylar to us for our records. Please have the Courier take these documents via 8-hour service. A check in the mount of $15.81 made out to Champion Couriers is attached. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000000.007.559.60.49.003. Please call me if you have any questions. Thank you Cc: Kayren Kittrick {Notice of Recording) Jan Conklin Yellow File 9 i:lplanreviewlcolsonlshortplats 20101strada da valle shpl 06m clerkrecord new format.doc COMMUNITY & ECONOMIC DEVeLOPMENT M E M O R A N D U M DATE: January 6, 2011 TO: Gregg Zimmerman, Public Works Department FROM: Carrie Olson, Plan Review C/o SUBJECT: STRADA DA VALLE SHORT PLAT - LUA09-042-SHPL The Department of Community and Economic Development has reviewed and recommended approval of the Strada da Valle Short Plat. Requirements and conditions have been fulfilled and fees paid. Two original Mylar are attached and are submitted for your review and signature. Please return mylars to me for recording. Thank you. m Yellow File N1:%PlanReview\COLSONIShortplats 201Mtrada Da Valle SHPL OSm ZimSign New FormatAm HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 Tacoma: (253) 627-6680 davidhalinenahalinenlaw.com Fircrest, Washington 98466-6037 Seattle: (206) 443-4684 Fax: (253)272-9876 January 6, 2011 HAND -DELIVERED P IV City of Renton Department of Community Development C1�0 we Development Services Division .a',."�,' z �N 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: Carrie K. Olson, Plan Review Re: Strada da Valle Short Plat (LUA09-042, SHPL-A) Submittal of Final Documents for City Approval and Recording Dear Carrie: In follow-up to our phone discussion yesterday and in reference to your August 17, 2010 letter to me concerning the Strada da Valley Short Plat, I herewith submit the following items: (1) The finalized, original four -sheet set of short plat molars bearing a notarized signature on behalf of the Declarant and a notarized consent signature on behalf of US Bank, ready for signatures by City officials and recording; (2) A set of m, la�pies of the short plat sheets noted in item (1), above (ready for signatures by City officials and submittal to King County for conforming and return to the City); (3) A set of 8%-inch by 11-inch photo reductions of the short plat sheets (for retention in the City's file); (4) An original, paper set of the four -sheet Record of Survey for the subject property for recording (each sheet signed by the Professional Land Surveyor); (5) A set of 8/2-inch by 11-inch photo reductions of the Record of Survey sheets (for retention in the City's file); (6) A signed original of the "Declaration of Easements, Covenants, and Agreement Running with the Land" (the "Declaration") for recording; (7) And three copies of a two -page memo addressed to (a) the Renton City City of Renton Department of Community Development Development Services Division Attn: Carrie K. Olson, Plan Review January 6, 2011 Page 2 Clerk's Office, (b) Kathy Whalen at the King County Department of Assessments, and (c) the King County Recorder's Office setting forth Special Recording Instructions; and (8) A Halinen Law Offices, P.S. check payable to the order of Champion Couriers for the courier fee. Note that the finalized short plat sheets reflect all of the revision requests set forth in your August 17, 2010 letter to me. Please secure the required signatures of City officials on both (a) the original short plat mylar sheets and (b) the mylar copies of the short plat sheets. Once you have done so, please submit all of those sheets along with (1) the Record of Survey, (2) the Declaration, (3) the three copies of the Special Recording Instructions memo and (4) the courier fee check to the City Clerk's Office and arrange to have the City Clerk's Office courier the relevant items to King County as noted in the Special Recording Instructions memo. Please let me know if you have any questions. Sincerely, HALINEN LAW OFFICES, P.S. r r David L. H inen Attachments cc: Strada da Valle LLC Attn: Gary Merlino (without copies of attachments) Attn: Ariane Elvebak (without copies of attachments) Y:kn488100TShort Plat Pina]izationlCarrie Olson LT I (1-6-1 ] ).doc Carrie Olson From: Carrie Olson Sent: Tuesday, August 17, 2010 3:44 PM To: 'davidhalinen@halinenlaw.com' Cc: Jan Illian; Rocale Timmons; Kayren K. Kittrick Subject: Comments from Strada Da Valle Short Plat Review Attachments: 20100817142922800.pdf Hi David, Please find attached a copy of the original comment letter that has been sent to you through the mail. Thought you might like to get them as soon as possible. As you can see, I have also faxed a copy to James Harper, of Bush, Roed and Hitchings. Please submit the signed mylars, declaration document and check for my review. If all is well, I will submit the mylars for signing by our Public Works Administrator and then send the whole package to the City Clerk for recording. I will be back in the office Tuesday, August 24th and will proceed with the review then. We should be able to have all recorded by the end of next week. Thanks. Carr &X . [riZ&&Yv Engineering Specialist Community & Economic Development Dept. 1055 South Grady Way Renton WA 98057 colsonCa rentonwa.aoy 425-430-7235 Office 425-430-7300 FAX DenisLawCity of �, Mayor1 4 g � August 17, 2010 Department of Community and Economic Development Alex Pietsch, Administrator David L. Halinen Halinen Law Offices, P.S. 1019 Regents Boulevard, Suite 202 Fircrest WA 98466-6037 SUBJECT: STRADA DA VALLE SHORT PLAT, LUA-09-042-SHPL Dear Mr. Halinen: The review submittal on the above -mentioned short plat has been completed and the following comments have been returned. SHORT PLAT REVIEW COMMENTS: (These items are required to be completed prior to recording of the -short plat.) 1. Please apply the following correct addresses to the short plat drawings: Lot 1 - 2300 East Valley Road; Lot 2 is correct; Lot 3 - 25Q0 East Valley Road. 2. Correct parcel # for existing lot North of Lot 1 to 302305-9101 and Parcel # for existing lot South of Lot 3 to 302305-9096. 3. It is suggested Sheet 1 of 4 of the short plat submittal be exchanged with Sheet 2 of 4. What is now Sheet 2 of 4 is a better choice for Sheet 1 of 4 because the approval blocks, the owner's signature and acknowledgment blocks and the legal description are usually shown before any of the drawing pages are seen. 4. Remove the City of Renton "SEAL" from all four sheets of the submittal. 5. Supply the King County recording number of the record of survey noted at the top of Sheet 3 of 4, or remove that note if redundant. 6. Also, under "References" on Sheet 3 of 4, the Declaration title and space for a recording number is redundant, please remove. 7. Submit an original, signed and notarized Declaration of Easements, Covenants, and Agreement document for recording concurrently with the short plat Mylar. When the above items are completed, you may submit the signed and notarized short plat Mylar (one original Mylar and one copy (on Mylar) of each sheet) along with a check in the amount of $15.81 (current courier fee) made out to Champion Couriers. 1APIanReviewlC0LS0N15hortp1ats 20101Strada da Valle SHPL 4L RequestMylarStop.doc Renton City Hall + 1055 South Grady Way a Renton, Washington 98057 0 rentonwa.gov Page 2 August 17, 2010 Should you need to discuss any portion of this letter please contact me at (425) 430- 7235. Sincerely, Carrie K. Olson Development Services, Plan Review FAXED TO: James Harper, Bush, Roed &. Hitchings, Inc., 206-323-7135 Cc: City Clerk's File (LUA09-042-SHPL) COMMUNITY &ECONOMIC I �-�� 9�1_- DEVELOPMENT V 0 M E M O R A N D U M DATE: July 23, 2010 T0: Bob Mac Onie, Technical Services Sonja Fesser, Technical Services.lei FROM: Carrie Olson, Plan Review SUBJECT: Strada da Valle Short Plat, �L-U-A-009-042-SHPL ; and Legal Review Attached is the most recent version of the above -referenced short plat. The following attachments are enclosed for your review: • Letter of Compliance • Lot Closures • Title Report • Short Plat drawings If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Approval: i >; e: CA t Z, u L t; Robert T Mac Onie, Jr. Sonja sse Cc: Yellow File iaplanrevicwlcolsonlshortplats 20101strada da valle shpl 0 1 m pr-ts reviewstart newformat.doc DEPARTMENT OF COMMUNITY City r ,, AND ECONOMIC DEVELOPMENT D M E M Q R A N D U M DATE: Aug 10, 2010 TO: Carrie Olson FROM: Sonja J. Fesser SUBJECT: 5trada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: It is suggested that Sheet 1 of 4 of the short plat submittal be exchanged with Sheet 2 of 4. What is now Sheet 2 of 4 is a better choice for Sheet 1 of 4 because the approval blocks, the owner's signature and acknowledgment blocks and the legal description are usually shown before any of the drawing pages are seen. Remove the City of Renton "SEAL" from all four sheets of the submittal. h:lfile sysllnd -land subdivision & surveying records\1nd-20 -short p1ats105421rv100810,doc DATE: COMMUNITY & ECONOMIC City of DEVELOPMENT D l� M E M O R A N D U M August 13, 2010 TO: Jan Conklin, Development Services FROM: Carrie Olson, Plan Review 0,0 SUBJECT: Strada da Valle Short Plat, LUA-09-042-SHPL A copy of the above mentioned short Plat is attached for your information. If you have comments or changes in addressing, please let me know. 6f3 - 02 S-30 C"z,s J �! S 3:123 �t a/ 4;— iAp1anrcvicw\co[son\shor1p1ats 20101strada da valle shp] 02m jan c, reviewstart newformat.doc �! 4' COMMUNITY & ECONOMIC C, ;ir�� DEVELOPMENT LUJt- M E M a R A N D U M DATE: July 23, 2010 TO: Jan Illian, Plan Review ROUTE TO: Kayren Kittrick, Plan Review FROM: Carrie Olson, Plan Review �0 SUBJECT: Strada da Valle Short Plat, LUA-09-042-SHPL Attached is the most recent version of the above -referenced short plat. If all review concerns have been addressed, please sign below or return your comments as needed. Thanks. Attachments included: • Letter of Conformation • Lot Closures • Short Plat drawings Also provide the following information requested by Gregg Zimmermen as requirement of project closeout and signing of short plat mylars. Status Of: Accented Related Proiect #s Comments NA d V As-Builts Cost Data Inventory Bill of Sale Easements (Water, Sewer, Utilities, Hydrant, etc.) �► Deed of Dedication Square Footage: Restrictive Covenants Maintenance Bond Release Permit Bond Comments: Approval1�Date: y n Kittrick Illian Cc: Yellow File i_1planrcviewlcoison\shortplats 20101strada da valle shpl 01 m pr-ts reviewstart newformat.doc COMMUNITY & ECONOMIC DEVELOPMENT ct} aF M E M O R A N D U M DATE: August 13, 2010 TO: Rocal Timmons, Planning FROM: Carrie Olson, Plan Review SUBJECT: Strada da Halle Short Plat, LUA-OW2-SHPL Attached is the LUA folder for the short plat. We are in the final review stage of recording this short plat. If you find any short plat requirements that have not been properly addressed, please let me know. Please return comments and folder to me so I can proceed to final recording. Thanks. • PMT's will be provided with signed mylars. Approval: le Timmons, Planning Cc: bellow File Date: ]APIanReview\C0LS0NIShonp1ats 20101Strada da Valle SHPL 03m PlanningReviewAm HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 Tacoma: (253) 627-6680 davidhalinenahalinenlaw.com Fircrest, Washington 98466-6037 Seattle: (206) 443-4684 Fax: (253) 272-9876 July 21, 2010 HAND -DELIVERED City of Renton Development Services Division 1055 S. Grady Way, Sixth Floor Renton, Washington 98055 Attn: Rocale Timmons, Associate Planner Re: Strada da Valle LLC's proposed Strada da Valle Short Plat LUA 09-042, SHPL-A Confirmation of Compliance with all Conditions of Short Plat Approval Dear Ms. Timmons: As you know, I represent Strada da Valle LLC in regard to the above -referenced short plat. On my client's behalf, I am writing to provide confirmation of compliance with all conditions of short plat approval as called for by item 3 of the City's 06/09 document entitled "Submittal Requirements —Short Plat Recording that you emailed me this week. (This letter is being submitted as part of the submittal package.) Demonstration of What the Sole Remaining Condition of Approval Is The May 5, 2009 "Administrative Short Plat Report & Decision" (copy attached) set forth just two approval conditions, which are on page 7 of 8 thereof. In a July 1, 2009 Reconsideration decision (copy also attached), on page 3 thereof Planning Director Chip Vincent revised Condition 2 to read as follows: Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint Use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration. By an August 13, 2009 Stipulation and Order signed by Hearing Examiner Fred Kaufman (copy attached), the City removed Condition 1, leaving only revised Condition 2 in force. City of Renton Development Services Division Attn: Rocale Timmons, Associate Planner July 21, 2010 Page 2 Confirmation of Compliance with Revised Condition 2 In compliance with revised Condition 2, Joint Use Driveway Easement Strips A, B, C and D are all depicted and labeled in "Detail A" and "Detail B" as set forth on Sheet 3 of 4 of the final short plat sheets. (The final short plat sheets are included as part of the final short plat submittal package.) The references to "Detail A" and "Detail B" are set forth in the map portions of Sheets 3 of 4 and 4 of 4. Further, Section 3 of the proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" (four copies of which are being submitted as part of the final short plat submittal package) set forth the terms and provisions of the joint use access easements. (Section 3 is set forth from pages 9 through 13 of that Declaration.) Once the City has approved the final short plat, I will submit to the City (along with the applicant -signed short plat mylars and the applicant -signed Declaration) a memorandum addressed to the King County Recorder (to accompany the mylars and Declaration when the City Clerk's Office sends them to the Recorder's office for recording) that requests that the King County Recorder cross reference the recording number of the short plat on the Declaration (and vice -versa). Should you have any questions or need any additional materials or information in regard to any of the above, please let me know immediately. Thank you for your cooperation. Sincerely, HALINEN LAW OFFICES, P.S. � t David L. Ha ' en Attachments cc: Strada da Valle LLC Attn: Gary Merlino (without copies of enclosures) YAct\2488100TShort Plat ApplApplication LT2 (7-21-10) (Regarding Confirmation of Compliance with Conditions of Approvai).doe Denis Law Cit' of Mayor r r -80000 Department of Community& Economic Development July 1, 2009 Halinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No. LUA09-042) Dear Mr. Halinen, RECEIVED HAtINEN L4VV OFFICES, P. This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Hearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration. Your request appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition be revised to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. (The declaration may address other easements and matters relating to the subject property as well.) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plat (b) cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009. While the staff appreciates the issues raised in your letter we (relieve that they are matters that should be preserved and raised at an appeal hearing. To that end, we do not want to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short plat approval fora 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain foilowing the recording of the short plat, There would be one building located on each of the proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall • 1055 5outh Grady Way 19 Renton, Washington 98057 « rentonwa.gov Page 2 RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with the City. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble_Monor v. Pierce County, 133 Wn.2d 269 j1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non -conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use or redevelopment of the site, However, as the existing structures were non -conforming at the time of land use application and it is unclear whether the proposed additions/expansions would conform with the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. As a note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded, As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements, Staff does not concur, While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23, 2009 Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plot, the applicant shall record a declaration of joint use access easements across strips of Ion depicted and tobeled on the proposed short plat as Joint uye Driveway Easement Strips A, 6, C and D. When the _short plot and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 15, 2009 at 5.00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. Page 4 If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057, Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A C F RENTOk 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 11 18 19 20 21 22 23 24 25 Recce crry CiERKA OFFICE BEFORE THE HEARING EXAMINER CITY OF RENTON, STATE OF WASHINGTON In re matter of: } Strada da Valle LLC's Appeal of the } Strada de Valle Short Plat Administrative j Decision } } } Case No. LUA 09-042, SHPL-A STIPULATION AND ORDER I.STIP11W]OIN COMES NOW, the City of Renton, by and through its attorney, Ann Nielsen, Assistant City Attorney and Appellant -Applicant Strada da Valle LLC, by and through its attorney, David L. Haiinen, and make the following stipulation: 1. in regard to the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009, as amended by the Planning Director's July 1, 2009 Reconsideration Decision, the City of Renton hereby removes Condition #1, as set forth on page 7 of the Administrative Short Plat Report and Decision, in Section K. Decision, as a condition of approval and hereby withdraws all corresponding findings and conclusions in the Administrative Short Plat Report and Decision, dated May 5, 20D9 and in the Planning Director's July 1, 2009 Reconsideration Decision. 2. Despite the removal of Condition #1 and the withdrawal of the corresponding findings and conclusions, neither party Is conceding their respective positions regarding the vesting of the development standards. However, the parties mutually agree to hold their respective positions concerning that issue in abeyance and agree that until such time as SUpuiation and Order - 1 ��y � �RantorE�C S Attorney ♦ Re box 62B � Renton, WA 58467-062$ L� Phorm, 426.258.8678 �;r Fox: 42&266."74 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Applicant or its successor(s) in interest submit an application to the City for a particular proposed redevelopment of one or more of the proposed Strada da Valle Short Plat lots. f' Based on the forgoing, the parties submit that there Is no longer a justiciab4ibefore the Hearing Examiner, and therefore, upon entry of this Order by the Hearing Examiner, the Appellant withdraws Its appeal. DATED: this 136' day of August, 2009. II. ORDLO BASED UPON THE FOREGOING STIPULATION, it is hereby ORDERED that the terms set forth in this stipulation be made a part of the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009 as amended by the Planning Director's July 1, 2009 Reconsideration Decision, and the appeal flied in the matter shall be deemed withdrawn. DATED this / day of August, 2009. Presented by: CITY OF RENTON, Ann Nielsen Asst. City Attorney Stipulation and Order - 2 7/ FRED J. KAU AN HEARING EXAMINER STRADA DA VALLE, LLC David L. Halin Attorney for Appellant -Applicant Renton City Attorney 100SeSt PO 8au 6" Raman. WA N057-0620 Phone: 42&26&6078 Fax: 42&256.6474 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS Existing Easements (Recorded COPY) 4 Floor Plans 3 ANO 4 e ov. This requirement may be waived by: 1. Prop" Services 2. Public Works Plan Review- 3. Building 4. Planning PROJECT NAME: 'SA, \j A\,� � DATE: TD PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning PROJECT NAME: DATE: II ❑ - - - - - - - - - - - - - - --------------------------------------------------------------n II Parcel name: NEW LOT 111 I North: 170476.8574 East 7297910.2550 ❑ Line Course: S 01-49-52 W Length: 430.70 ❑ North: 170046.3773 East : 1297896.4927 I1 Line Course: S 88-10-08 E Length: 165.55 North: 170041.0874 East : 1298061.9581 Line Course: N 09-2B-53 W Length: 441.76 ❑ North: 170476.8126 East : 1297989.1882 1-) Line Course: N 89-58-08 W Length: 78.93 ❑ North: 170476.8555 East : 1297910.2582 ❑ [ -1 Perimeter: 1116.94 Area: 52,845 sq. ft. 1.2132 acres❑ Ll Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0037 Course: S 59-09-15 E❑ Error North: -0.00192 East : 0,00321 ❑ Precision 1: 301,875.68 11 --------------------------------------------------------------------------------❑ Parcel name: NEW LOT 2❑ North: 170046.3786 East 1297896.4933 FI Line Course: S 01-49-52 W Length: 290.39 11 North: 169756.1369 East : 1297887,2143 ❑ Line Course: S 88-10-08 E Length: 223.64 11 North: 169748.9908 East : 1298110.7401 Line Course: N 09-28-53 W Length: 296.15 ❑ North: 170041.0952 East : 1298061.9562 Line Course: N BS-10-08 w Length: 165.55 11 North: 170046.3851 East . 1297896.4907 ❑ Perimeter: 975.73 Area: 56,508 sq. ft. 1.2973 acresll 11 Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0070 Course: N 21-58-01 W❑ Error North: 0.00645 East : --0.00260 ❑ Precision 1: 139,390.00 ❑ lJ -------------------------------•-------------------❑ [J Parcel name: NEW LOT 3❑ LI North: 169756.1339 East 1297887.2146 ❑ Line Course: S 01-49--52 W Length: 495.93 ❑ North: 169260.4571 East 1297871.3679 11 Line Course: S 89-45-25 E Length: 321.19 ❑ North: 169259.0946 East 1298192.5551 Line Course: N 09-28-53 W Length: 496.68 ❑ North: 169748.9896 East 1298110.7383 ❑ Line Course: N B8-10-08 W Length: 223.64 ❑ North: 169756.1356 East 1297887.2125 ❑ 11 Perimeter: 1537.45 Area: 134,074 sq. ft_ 3.0779 acresIl El Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0027 Course: N 50-27-44 W[I Error North: 0.00173 East : -0.00210 II Precision 1: 569,422.22 I -_----------------------------------____-----------------___----_-_--------Ll LI Parcel. name: OVERALL PARENT PARCELL 1 North: 170476.8574 East 129"1910.2550 Ll Line Course: S 01-49-52 W Length: 1217.03 L1 North: 169260.4489 East 1297871.3667 I.: Line Course: S 89-45-25 E Length: 321.19 f1 North: 169259.0864 East 1298192.5538 1_1 Line Course: N 09-28-53 W Length: 1234.59 11 North: 170476.8108 East : 1297989.1832 11 Line Course: N 89-58-08 W Length: 78.93 ❑ North: 170476.8537 East : 1297910.2532 0 [ -1 Perimeter: 2851.74 Area: 243,427 sq_ ft. 5.5883 acresU I Mapcheck Closure - (Uses listed courses, radii, and deltas)❑ Error Closure: 0.0041 Course: S 25-49-50 WIJ Error North:-0.00373 East :-0.00181 ❑ Precision 1: 695,546.34 U RECEIVED SHORT PLAT y of Renton Department of Community & Economic Development HALINEN LAW OFFIGES REPORT & DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARY AND PURPOSE OF REQUEST REPORTDATE: May 5, 2009 Project Name: Strade da Valle Short Plat Owner/Applicant: Gary Merlino; Strada da Valle LLC; 9125 10"' Ave S, Seattle, WA 98108 Contact: David L, Halinen; Halinen Law Offices, P.S.; .1019 Regents Blvd Ste #202, Fircrest, WA 98466 File Number: LUA09-042, SHPL-A Project Manager: Rocale Tiinnions, Associate Plainer Project &nnmary: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square Feet; each of the lots would contain one of the three existing commercial buildings following the subdivision of the parcel. The subject property is located on the cast side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. The site is also located within a seismic hazard area. An addendum to the existing SFPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. Project Location: 2300/2400/2500 East Valley Road SNPL-A Report P3. Cite of Renton Depar tmcw of'Comnuinily� & Economic Dereiopmew 4dniinish- alh,e Short Plat Report & Decision STRADA DA VAI.LL' SHOR7' PLAT L UA09-042, SHP! A Report of May 5, 20D9 - Page 2 of 8' B. EXHIBITS: Exhibit 1: Zoning and Neighborhood Detail Map Exhibit 2: Overall Plat Plan Exhibit 3. Aerial Photo Exhibit 4: SEPA Addendum C. GENERAL INFORMATION: 1. Owner(s) of Record: Gary Merlino Strada da Valle LLC 9125 10"' Ave S Seattle, WA 98108 2. Zoning Designation: Commercial Axterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EAV) 4. Existing Site Use: 3 General Office Buildings S. Neighborhood Characteristics: ]North.: Vacant (CA zone) East: SR 167 South: Lumber Market-Storage/Warehouse (CA zone) West: valley Distribution -Warehouse (IL zone) 6. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. Site Area. 243,427 square feet (5.588 ac) D. HISTORICAL/BACKGROUND: Action Land Use Pile No, Ordinance No. Date Comprehensive Plan NIA 4924 12/5/2001 Zoning N/A 5099 l l / 1 /2004 Aimexation N/A 1743 4/15/1959 Site PIan Review / LUA87-058 N/A 11/23/1987 Environmental Review E. PUBLIC SERVICES: 1. Utilities a. Water: 'there is a 16-inch water main within East Valley Road- b. Sewer: There is an 8-inch sewer main within East Valley Road, c. SurfacelStorm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. ]Fire Protection: City of Renton Fire Department SHPL-A Report City of Renton Department of Conuntrnity & Lcurrornie Development Administrative Shon Plat Report & Decision STRADA DA VALLF_ SHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 - - - Page 3 of 8 EF.APPLICABL�SE TIONS �O�T:H��ERNTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing Land Use and Plan - General Requirements and Minimum Standards c. Section 4-7-150: Streets - General Requirements and Minimum Standards d. Section 4-7-180: Industrial and Corntnercial Blocks and Lots -- General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: H. DEPARrMENTANALPSIS: 1. Project Description/Back-2round The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Cornrnercial Arterial (CA). The property is located on the east side of Fast Valley Road just north of SW 27th ,Street, The site contains three existing one-story buildings along with associated parking, landscaping, stop-nwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via Four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEPA is not required for the short plat. However, an addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office SHPL-A Report Cily of Renton Department of Community & Economic Dcr,elopnjent M),ninistrath2L Short Plat Report & Decision STRADA DA VAI LESIIORTPLAT LUA09-042, SHPL-A Report of May 5, 2009 Pagc 4 of S development (ECl'-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives fi-om various city departments have reviewed the application materials to identify and address issues raised by the proposed development. 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 Departmental Recommendation at the end of this report. 5. —Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EAV) on the Comprehensive Plan. Land Use Map. Lands in the EAV designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal is consistent with the following Comprehensive Plan Land Use policy: Objective LU-HHH: Provide, for a tnix of employment -based uses, including commercial, Office, and industrial development to support the econornic development of the City of Renton. vI Policy Objective Met ❑ Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map, Lot Dimensions: The minimum lot size permitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requirements for minimum lot size. Setbacks: The required setbacks in the CA zone are as follows: minimum front yard setback is 10 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non-confornuty of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Building Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on -site parking garage. Parking is not located within a structure therefore the maximum building coverage would. he 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SHPL-A Report City of Rewon Deparlivew of Ccmvntmity & Ec�o)romic Dei,elopment Aclrnini.ctradn-e Short Plat Report & Decision STR9DA DA VALLESHORT PLAT _ LUA09-042, SHPL A Report of May 5, 2009 � page 5 of 8 Parking: The »umber of parking spaces for general office uses within the Connnercial Arterial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the ► axim►nn allowed, however as the situation is existing and the proposed short plat would not increase the nori-conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot 2 Lot 3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF (52,045 Net SF) (54,855 Net SF) 133,220 Net SF Building 10,355 SF 15,720 SF 27,723 SF Footprint Max. BIdLy. Lot Coverne 20 % 28% 21 % Max: 65% Parking Stalls -- Required� Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1,000 SF Parking Stalls Provided 48 76 l72 Front Yard Setback Min: 10 feet 61.9 feet l24 feet 86 feet Max: 15 feet c) Community Assets The: site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Complirance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of East Valley Road. "I'he proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular i i shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Bounduries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot 1 SHPL-A Report City of Renton Depco 1117elli Of C'omMiMit3> & Ecorionnic DeivIoWmew Plat Report & Decision STRADA DA VALLF. S1101?T PLAT LVA09-092, SfIPI,-A_ Report of May 5, 2.009 Page 6 of 8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot l and 3. The applicant is proposing to create easements and coventants related to the existing driveways that straddle proposed lot lines. Staff recocrunends, as a condition of approval, the applicant be rewired to record access casements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: The topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is similar to existing development patterns in tIse area and is consistent with the Comprehensive .Plan and Zoning Code, which encourage a mix of employment - based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. f} Availability and Impacl on Public Services (Timeliness) Police and fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stormwater conveyance system that drains into existing on -site stormwater facilities that include a pond near the site's south edge and variaus underground storm drain pipes, Detained stormwater from the site discharges into an existing City storm drain abutting East Valley Road. No changes to the existing stormwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water. The site is served by the City of Renton Water and Sewer systems. There is a 16- ineh water main within the existing roadway (East Valley Road.). There is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer are necessary as there are no changes to site proposed as part of the short plat. 1, FIlVDIN S: Having reviewed the written record in the matter, the City now enters the following: Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. S. Existing Land Uses. The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL)_ 6. Systent Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Report City of Renton Department of CoJnmunity & Econonnic Del,elopinent Administrative Short Plat Report & Decision STR4DA DA VALLE SHORT PLAT L UA09-042, SHPL A Report of May 5, 2009 - - — Page 7 of 8 J. CONCLUSIONS: 1. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2, The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. K. DECISION: The Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is approved subject to the Following conditions: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with Ding County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2_ The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to at concurrent with the recording of the short plat. DATE OF DECISION ON )-,AND USE ACTION: SIGNATURE: C.E. Vincent, Planting Director TRANSMITTED this 5" day of May, 2009 to the Owner/Applicant/Contact: Applican.t/Om ierr Gary Merlino Strada da Valle LLC 9125 101h Ave S Seattle, WA Contact: David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd Ste #202 Fircrest, WA 98466 TRANSMITTED this 5`f' day of May, 2009 to the Party (ies) of Record. - too Paities of Record TRANSMITTED this.5" day of May, 2009 to thefollowing: Larry Meckling, Building Official Fire Marshal Neil Watts, Development Services Director � � d Decision Date SHPL-A Report City of Renton Department of Community & Economic Development Administrative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT _ LUA09-042, SHP_L-A Report of May 5, 2009 Page 8 of 8 Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evident to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M, ADVISOR YNOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review - Sewer: No Comments PIan Review — Water: No Comments Plan Review— Surface Water: No Comments Plan Review — Street/Transportation: No Comments SHPL-A Report PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: April 23, 2009 TO: Rocale Timmons FROM: Bob Mac Onie 11 SUBJECT: Strad Da Ville Short Plat, LUA-09-042-SBPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon #1160 is erroneously noted at both the N'/4 corner of Section 30 and the S 'A corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1 160 is located at the N'/4 corner of said Section 30. There is no horizontal control monument at said S 'l4 corder. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SIIPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S '/4 corner of Section 30 is incorrect — the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N %4 corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations_ Indicate what has been, or is to be, set at the comers of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. %14AFi1e Sys\LND • Land Subdivision & Surveying RecordALND-20 -Short P1ats105421RY090423.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be detennined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BInDING SEfBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block, All vested owner(s) of the subject short plat, at the time of reeordurg, need to sign the final short plat submittal, Include notary blocks as needed. Revise the title of the declaration block on Sheet 1 of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the fuial submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc_) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing_ Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT. The owners of the land embraced within this shortplat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future H AHe SyskLND - Land subdivision & Surveying RecordslLND-20 - Short Plats1054ZRV090423.doclmsoffice Apri 123, 2009 Page 3 purchasers of the lots, or of any subdivisions thereof. This covenant shall run with the land as shown on this short plat. Comments for the Project Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Basement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Shect for this short plat will be prepared at the next review. H:Wile Sys%LND • Land Subdivision & Surveying Records1LND-20 - Short Plats105421RV494423.doclmsoffice G3 - 14 T23N R5E E 112 sw lard st 9 4 M CA __CA R 8 I R-6 R•e R-8 0 y R a - s Jana a s zaa � R-9 j R B R-s f2� f � , 5 "c R-s . 8 ...... --. R.8- Gt 9 } .. .r ' I all st +sl ct Rom--._"c" I 3 -- I 3 R-B - .. R-13 R-10 eas R+9-- j - R-8 ' 63st s .. R-8 CC) R-5 co 6 _ �@y R _ 4 10 CO I Y. .._. _ c0 R-g R-14 13 - 31 T23N R5E E 1 /2 *y � Q + am + ZONING 0 200 400 dAN M TECHNICAL SERVICES Feel 0 07nsra8 i:a,aoo EXHIBIT 1 l � b �! tOW)u+e l I f - 54i ti 67 4w a, RVm� N n IH Row N+E , N c EX. BLlLDING E1 �F $ Itta.} EA, BIfIIDING C N €€ 6, Ex. 8U11.1)ING A ro 8 x I 441.7 Tt 3OV03- NR9'58'OB'W T N � 500t 78.s3 LOT Z LDT 2 LOT 3t PDW uNE 430,70' g5 0Y49 52 W495.93' — snow LRIE — f "� s aI.H9•s2- x S 01'4932'rW 131, VIC) 9217-03' — — EAST VALLEY ROAD 318�s'(ct — 4 = -� ' M.1 NE n _ — — _ NE 1/1. SEOTICN 30_ROw cENTERLWEi EAST VALLEY 4WY ROW NE E I OVERALL PLAT PLAN 3 )R I rn LEGEND TOTAL AREti 243!27 SO.FT. 15.5563 ACRE) BTE 20MRG: COMMERCIAL ARTERIAL (CA1 PR FD COf ARE F007 g LOT + OSS J,REA AREA IR JOINT u$E DRIVEWAY E/�-'#V TE ARF 1 Q1D5S AREA S inT V'E Of�'JEWAY EASEll LOT 1 5ZB45 Sq.FT 9o0 90.FT, 32,045 Sq.FT. LOT 2 - 56A5 S4 FT, 1.651 SO.FT. 54,ASS sC, FT. LDT 3 134.074 S9,Fr, &54 Sq.FT, 133.22p SO.iT. PARKING STALL COUNT ANALYSIS LOT 1 LCT 2 LM ] EAISTHC USE OF FuLOWC PV PNOPOSED LDT DFFICE _ DFRCE 15.72o SOFT. OFFICE EKISIHO NET FLOOR AAFA OA BnwD 10.335 50. T. ,T7,723 SQET. D471I o STALL COUNT 4T CODE flE7O NT YW MAY N/A I MIA F>QSIHD 5fg1 40UNT ♦2 coo[ RM W N/A N/A E16'iTHC STALL WONT 61 LY]OE RpgYf NAK N/A N/A STANDARD CLMPACT 0 0 15 29 0 23 107 S.3 NAk01CAPPED 2 N/A 3 N/A TOTAL -e 31 46 7e 47 -m 172 eS 125 R �Lu.n Artu PRovMCD eT THe PROPrsTY 0— BUILDING SETBACKS FOR OOMW?CIAL ARTERIAL LONE CA MHNUM --T YARD 16 FT.' "NDN cJtEEp}Y 10 FT, FRWrT SFMACk MINNyN REAR TM@ NONE M-NiOP SIDE YARD NOME THE MWIMIIM 041 YMIO WL CK MAY BE REDUCED TO O Ff. WROUW THE SITE AWN OEYD-OP9C91T REALw PROCIM PAWDED BL 1W,LLS ARE NOT LOCATED W WN T1iE RWIICFA SETBACK. LOT [ 20R LDT 2 LOT 3 2a; y R PAVEMMT AND LAND M OT A]tCAS: WT 9 PAVENEMT L4NO90APE LOT 1 22,000 W 15.400 WF LOT 3 LOT 3 27.R00 SF BB.WO SF 52,5sp SF 29,550 W &EVELOPAAEW P CITY OF REIN _ x MAR 18 ; W RECEIV PONTM DP RORIT(Aj$I' gUTm OF M g. 110H[88A.al' gU1RT'ElE OF �ImO 80, PRC ERTY CWHER: 57RADA DA VALLE LLC U �y. TOwNSW 23 xmm RAN=, 6 gmTaL 9125-10TH AVENUE SOU1}! SEATTLE, WA 981 OB y CITY OF r LAND $1RVEYOR: BUSH. RM & HITCHINGS, WC. 'Rye npmN t BOAT PLAT 2GO9 WINOR AVENELE EAST -LE. 4L t2O LVA-,,,., = SEAT WA 98702 LA151 LND— STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON, WA 98055 p} { TAX L07 302305-9103-09 BUSH, ROEp INC. HkNO Cl1hL ENGINEERS & LAND SURVEYORS S SURGS,VEYORS DRAWN ar RHr bATE:03—o3—O9 �08 0 2008105.00 2009 AVOrtIE FAST (200) 33 1" SEATTLLWAL99cTa1 - 1-IOD-9Sr 0706 .--"-- - - .. Renton --- Renton City Limits Parcels Renton Aerial SCALE 1 : 2,940 200 0 200 400 600 FEET EXHIBIT 3 A/ http://rentonnet.org/Map(3uide/maps/Parcel.mwf Tuesday. April 28, 2009 8:29 AM CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON -SIGNIFICANCE — MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non -Significance — Mitigated bNS-M (ECF 053-087) Date of Addendum: May 4, 2009 Date of Original Issuance of SEPA Threshold Determination: September 14,1987 Proponent: Strada da Valle LLC Application File: ECF 053-087 and SA 058-087 Project Name: Renton Campus Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single -story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single -story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27th Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non -Significance — Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that sloes not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXH I BIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Gregg Zimmerlhah, Ai Department of Public DATE C/ Terry Higashiyama, Administrator DATE Community Services Department • �,, tam'/c�,c�p� I. David Daniels, Administrator DATE Fire & Emergency Seodzes, Ales( Pietsch, Administrator v DATE Department of Community & Economic Development CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 29, 2010 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Strada da Valle Short Plat 1_UA (file) Number: LUA-09-042, SHPL-A Cross -References: AKA's: Project Manager: Rocale Timmons Acceptance Date: March 18, 2009 Applicant: Gary Merlino, Strada da Valle LLC Owner: Same as applicant Contact: David L. Halinen PID Number: 3023059103 ERC Decision Date: ERC Appeal Date: Administrative Approval: May 5, 2009 Appeal Period Ends: May 19, 2009 Public Hearing Date: Date Appealed to HEX: May 18, 2009 By Whom: David Halinen HEX Decision: Stipulation & Order signed Date: August 13, 2009 r Date Appealed to Council: By Whom: Council Decision: Date: 4 Mylar Recording Number: Project Description: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would " range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. Location: 2300 E Valley Road Comments: appeal withdrawn 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 U,TY Ck K'S CF,r,CL BEFORE THE HEARING EXAMINER CITY OF RENTON, STATE OF WASHINGTON In re matter of: ) Strada da Valle LLC's Appeal of the ) Strada de Valle Short Plat Administrative j Decision ) Cawft. tUA 09-042. SHIM --A STIPULATION AND ORDER I. STIPULATION COMES NOW, the City of Renton, by and through its attorney, Ann Nielsen, Assistant City Attorney and Appellant -Applicant Strada da Valle LLC, by and through its attorney, David L. Haiinen, and make the following stipulation: 1. In regard to the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009, as amended by the Planning Director's July 1, 2009 Reconsideration Decision, the City of Renton hereby removes Condition #1, as set forth on page 7 of the Administrative Short Plat Report and Decision, in Section K. Decision, as a condition of approval and hereby withdraws all corresponding findings and conclusions in the Administrative Short Plat Report and Decision, dated May 5, 2009 and in the Planning Director's July 1, 2009 Reconsideration Decision. 2. Despite the removal of Condition #1 and the withdrawal of the corresponding findings and conclusions, neither party Is conceding their respective positions regarding the vesting of the development standards. However, the parties mutually agree to hold their respective positions concerning that issue in abeyance and agree that until such time as Stipulation and Order -1 �r�Y ♦ + Renton My Aitomey 10o9eSt Po Box 620 Renton, WA 98067-0625 Phone: 428.255.8678 Pax: 426.265.6474 1 2 3 4 5 6 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Applicant or its successor(s) in interest submit an application to the City for a particular proposed redevelopment of one or more of the proposed Strada da Valle Short Plat lots. Based on the forgoing, the parties submit that there is no longer a justiciablebefore the Hearing Examiner, and therefore, upon entry of this Order by the Hearing Examiner, the Appellant withdraws its appeal. DATED: this 13th day of August, 2009. 11. ORDER BASED UPON THE FOREGOING STIPULATION, it is hereby ORDERED that the terms set forth in this stipulation be made a part of the Strada da Valle Short Plat Administrative Short Plat Report and Decision, dated May 5, 2009 as amended by the Planning Director's July 1, 2009 Reconsideration Decision, and the appeal filed in the matter shall be deemed withdrawn. 1-_ DATED this OK day of August, 2009. Presented by: CITY OF RENTON, Ann Nielsen Asst. City Attorney Stipulation and Order - 2 FRED J. KAU AN HEARING EXAMINER STRADA DA VALLE, LLC t, r David L. Halin Attorney for Appellant -Applicant Y O Renton City Attorney 1oose$t PO Box 526 Renton, WA 98057-0026 Phone: 425.266.867$ Fax: 425.25&5474 David L. Haaen, P.E., Attorney at Law davidhatinen@halinenlaw.com ialinenlaw.com HAND -DELIVERED HALIlVEN LAW OFFICES, P.S. A Professional Service Corporation . 1019 Regents Boulevard, Suite 20ylry Of Tacoma: (253) 627-6680 Fircrest, Washington 98466-603-,P/arming D�entDrl SeatFaxtle: (206) 272 9876 n July 15, 2009 JUt 16 ftg City of Renton Office of the Hearing Examiner 1055 S. Grady Way, Seventh Floor Renton, Washington 98057 Attn: Fred Kaufman, Hearing Examiner Cl? Y W MENTON 'JUL 15 nrlfo.j A1--c nveo CiTy CLEFZK S r)Fp!cF q 1 z 7 ens C9-- Re: My client Strada da Valle LLC's Revised Appeal of portions of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009, a decision which was amended by the Renton Planning Director's July 1, 2009 Reconsideration Decision Letter Dear Mr. Examiner: In my letter to you dated May 18, 2009, my client Strada. da Valle LLC ("Strada") appealed conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09-042, SHPL-A) made by Renton Planning Director C. E. Vincent as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. (That approval decision is hereinafter referred to as the "Decision". A copy of the entire Administrative Short Plat Report &. Decision is herewith attached.) On Strada's behalf, I also submitted a timely request for reconsideration to the Planning Director. The Planning Director and I subsequently communicated concerning the pending issues and, as a result of those communications, on June 23, 2009 I submitted on Strada's behalf a technical clarification to and/or amendment of Strada's Land Use Permit Master Application form that was submitted to the City as part of the subject short plat application package on March 18, 2009. Thereafter, the Planning Director issued a July 1, 2009 reconsideration decision upholding condition 1 but revising condition 2. (A copy of the entire reconsideration decision is also herewith attached.) Condition 2 as revised in the reconsideration letter is acceptable to Strada. Strada remains aggrieved by condition 1, takes issue with the Planning Director's analysis concerning condition 1 set forth in the reconsideration decision, and thus continues forward with its appeal as revised in this letter. Strada would be adversely affected by condition 1 if the relief sought in this revised appeal is not granted. Condition 1 states: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying COPY City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 2 zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. Errors Concerning Condition 1 In relation to the appeal review criteria set forth in RMC 4-8-110E.7 (Examiner Decision), condition 1 would prejudice the substantial rights of applicant -appellant Strada because the imposition of that condition (1) is in excess of the authority or jurisdiction of the agency, and/or (2) was made upon unlawful procedure, and/or (3) is affected by other error of law. These errors are elaborated below. I. Condition 1 Exceeds the Planning Director's Authority or Jurisdiction. Nowhere in the Decision or the reconsideration decision does the Planning Director cite any City code provision or other legal authority empowering him to impose condition 1 and no such provision or other authority is to be found. Note that the portion of the Renton Municipal Code addressing short subdivisions is Section 4-7-070 (DETAILED PROCEDURES FOR SHORT SUBDIVISIONS). Subsection B thereof sets forth "principles of acceptability". It states: B. PRINCIPLES OF ACCEPTABILITY: A short plat shall be consistent with the following principles of acceptability: 1. Legal Building Sites: Create legal building sites which comply with all provisions of the City Zoning Code. 2. Access: Establish access to a public road for each segregated parcel. 3. Physical Characteristics: Have suitable physical characteristics. A proposed short plat may be denied because of flood, inundation, or wetland conditions. Construction of protective improvements may be required as a condition of approval, and such improvements shall be noted on the final short plat. 4. Drainage: Make adequate provision for drainage ways, streets, alleys, other public ways, water supplies and sanitary wastes. The Strada da Valle Short Plat satisfies all of those principles of acceptability and, accordingly, the approval was necessary without imposition of condition 1. Condition 1 does not relate to any of those principles of acceptability. Note further that under Subsection H (ADMINISTRATIVE REVIEW) of Section 4-7- 070, subsection 2 (Action) circumscribes the powers of the Administrator (or, in this case, the City of Renton Office of the Hearing Examiner Attn: Fred Kaufman., Hearing Examiner July 15, 2009 Page 3 Administrator's apparent designee, the Planning Director) in reviewing an application for a short plat. Subsection 2 states: 2. Action: The Administrator may approve, approve with modifications, require a public hearing and decision by the Hearing Examiner, or deny the application for a short plat. Action for short plats of five (5) or greater lots, or otherwise referred to the Hearing Examiner, shall be by the Hearing Examiner. Every decision or recommendation made under this Section shall include findings of fact and conclusions to support the decision or recommendation. (Italics and underlining added for emphasis.) Nothing therein empowers the Administrator (or the Planning Director) to impose any condition(s) of approval, let alone a condition like condition 1 that is unrelated to the principles of acceptability set forth in RMC 4-7-070B and that is contrary to applicable statutory and constitutional provisions (which, as shown below, condition 1 is). In sum, condition 1 exceeds the Planning Director's authority or jurisdiction. II. The Imposition of Condition I Was Made upon Unlawful Procedure. As explained above, the Planning Director has no authority or jurisdiction to impose any conditions of short plat approval, let alone a condition like condition 1 on the subject short plat application. No lawful procedure exists in the Renton Municipal Code for the Administrator (or the PIanning Director) to impose any short plat condition of approval. Thus, condition 1 was imposed without a lawful procedure for doing so. In addition, note that even if the Renton Municipal Code did have a procedure for imposing conditions of approval upon short plat applications, before imposing such conditions the Administrator would have the burden of proving that (a) the condition is necessary because of a nexus between the proposed short plat and an identified public problem that the short plat would create and (2) a rough proportionality between what is required by the condition and the impact of the proposed short plat. (See page 7, below.) Nothing in the Decision or the reconsideration decision suggests that the Planning Director attempted to meet that burden of proof. M. The Imposition of Condition 1 Was Affected by Other Error of Law. A. Condition 1 Would Violate Strada's Vested Rights. Condition 1 seeks to force Strada to relinquish some of its vested rights under RCW 58.17.033. As a matter of the statutory law of the State of Washington, RCW 58.17.033(1) provides short subdivision applicants with certain rights that vest upon the filing of a fully City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 4 completed application for short plat approval of the short subdivision. ' Noble Manor Co., 133 Wn.2d 269, 943 P.2d 1375, (1997); Westside Business Park v. Pierce County, 100 Wn. App. 599; 5 P.3d 713 (2000). In Noble Manor, the Washington Supreme Court ruled that RCW 58.17.033(1) not only vests the right of short subdivision applicants to divide their property but also vests the right of short subdivision applicants to develop and use their property under the land use and zoning laws in effect on the date of the application. Note that in the "PROPOSED LAND USE(S)" section under the "PROJECT INFORMATION" heading of the completed Land Use Permit Master Application that Strada submitted to the City as part of the application package for the proposed Strada da Valle Short Plat (as amended by the technical clarification to and/or amendment of Strada's Land Use Permit Master Application submitted to the City on June 23, 2009), Strada has specified the following proposed use of the subject property: General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17.033(1) and Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: (1) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses, and (2) In the future, at such time(s) as the then -owner of each lot determines, redevelopment of each lot on a lot -by -lot basis for one or more of the Proposed Land Uses with one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related 'RCW 58.17,033(1) states: A proposed division of land, as defined in RCW 58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official. City of Renton Office of the Hearing Examiner Attn: Fred Kaufinan, Hearing Examiner July 15, 2009 Page 5 improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. That specification of use is in keeping with the use specification approach that the majority opinion endorsed in Noble Manor at 133 Wn.2d 283-285, 943 P.2d 1385-1387. As the Noble Manor majority opinion states as 133 Wn.2d 285, 943 P.2d 1387: When an application is made for division of land for a specified use, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. (Emphasis added.)2 2 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1388, the concurring opinion. of Justice Talmadge states in footnote 10 as follows: The majority attempts to cure the statute's lack of a sunset provision by creating out of whole judicial cloth the following rule: the only rights that vest at the time of the short plat application under RCW 58.17.033 are the uses disclosed on the application. Majority op. at 283. The statute does not say as much, and there is no compelling logic for implying such a rule. The applicant need say nothing at all in the application about the intended use of the property after the short plat is granted. It is not this court's place to write laws for the Legislature. (Emphasis added.) Also, in Noble Manor at 133 Wn.2d 288-289, 943 P.2d 1388, the concurring opinion of Justice Sanders states in part: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta, " some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on an issue not necessary to decide the case, especially where neither party has briefed or raised it. See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[G]eneral expressions in every opinion are to be confined to the facts then before the court and are to be limited in their relation to the case then decided and to the points actually involved."). Such dicta are not controlling precedent. Footnote 11 connected with that statement from Justice Sanders' concurring opinion states: E.g., "Not all conceivable uses allowed by the Iaws in effect at the time of a short plat application are vested development rights of the applicant." Majority at 285. City of Renton Office of the Hearing Examiner Attn: Fred Kauftnan, Hearing Examiner July 15, 2009 Page 6 Condition 1 would divest a portion of Strada's vested right to use and develop the subject property by requiring placement of a restrictive covenant on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. The City's Department of Community and Economic Development (on behalf of which the Planning Director issued the Decision) has no authority or jurisdiction to divest any portion of a vested right arising under RCW 58.17.033(1), and no such authority or jurisdiction was cited in the Decision or in the reconsideration decision. Having been created as a matter of the statute law by the Washington Legislature, vested rights to develop and use short platted lots have an unlimited temporal scope3 and cannot be divested by a local government. As the Noble Manor majority opinion explains at 133 Wn.2d 282, 943 p.2d 1385: The County also argues that short subdivisions, which involve a simpler application process, should not enjoy longer vested rights than long subdivisions which involve a more complex approval process. This is a matter for the Legislature to decide. The Legislature did not divest a short Rlat's vested riots after five years as it had previously done with formal subdivisions [under RCW 58.17.170]. It may be that since short plats involve only small development of a few lots that the divesting provision was deemed unnecessary because of the relatively minor impact such developments would have. It is within the power of the Legislature to pass legislation which divests a short plat's vested right after some reasonable amount of time. However, such a statute has not been enacted, and we decline to do so by statutory construction when the "divesting" statute applies only to formal subdivisions. See RCW 58.17.170. (Emphasis added.) The Washington legislature still has not enacted a statute to divest a short plat's vested rights and has not delegated any powers to local governments to divest such rights. Thus, the Planning Director has no power, authority or jurisdiction to do so. B. Condition 1 Violates Strada's Rights under RCW 82.02.020. The imposition of condition 1 violates Strada's rights under RCW 82.02.020. RCW 82.02.020 prohibits local governments from imposing taxes, fees, or charges, directly or In view of the concurring opinions of Justice Talmadge and Justice Sanders in Noble Manor, Strada contends that, by virtue of the subject short subdivision application, it has vested rights to use and develop the subject property in accordance with any of the uses allowed under the zoning and other land use control ordinances in effect on the land on the date that Strada's short subdivision application was filed. 3 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1387-88, the concurring opinion of Justice Talmadge states: The unlimited temporal scope of RCW 58.17.033 creates public policy concerns. Whereas subdivision approvals under RCW 5& 17.170 last for only five years, no similar sunset provision for short plats appears in RCW 58.17.033. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 7 indirectly, on the development, subdivision, classification, or reclassification of land except as specifically authorized by statute. Strict compliance with its terms is required. Under RCW 82.02.020, a tax, fee, or charge imposed directly or indirectly on land development is invalid unless it falls within a statutory exception. One exception to RCW 82.02.020's general prohibition is that local governments can impose on a proposed development or plat conditions of approval that the local government can demonstrate are reasonably necessary as a direct result of the proposed development or plat. RCW 82.02.020 places the burden of proof of reasonable necessity on the local government. Citizens' Alliance for Property Rights v. Sims, 145 Wn. App. 649, 187 P.3d 786 (2008); Isla Verde International Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 49 P.3d 867 (2002). For purposes of that above -noted exception to RCW 82.02.020's general prohibition against the imposition of taxes, fees, or charges, directly or indirectly, on the subdivision of land, a condition of approval does not satisfy this exception absent (1) a nexus between the proposed subdivision of land and an identified public problem that would result from that subdivision and (2) a rough proportionality between the demands of the condition and the impact of the proposed subdivision. Citizens' Alliance for Property Rights v. Sims, ibid. Neither the Decision nor the reconsideration decision demonstrates that condition 1 is reasonably necessary as a direct result of the proposed short subdivision. No "public problem" would result from Strada's short plat proposal justifying condition 1 because Strada's proposed short subdivision merely notes proposed land uses (in gist, continued use of the existing buildings and future redevelopment and use) in accordance with the City's regulations in accordance with the zoning and other land use control ordinances in effect on the land on the date that the application for the short plat was submitted to the City. Planned compliance with those duly adopted City ordinances does not constitute a "public problem". Thus, condition 1 fails the nexus test and Strada's rights under RCW 82.02.020 have been violated by that condition's imposition. C. Condition 1 Amounts to an Unconstitutional Taking of Strada's Property under the Fifth Amendment to the U.S. Constitution. Under the Fifth Amendment to the U.S. Constitution, property may not be taken for public use without just compensation. Condition 1 would amount to such an unconstitutional taking. A condition imposed on land use development effectuates a taking unless there is (1) a nexus between the impacts of the development and the condition and (2) rough proportionality between the impact and the condition. marks v.- Douglas County, 127 Wn.2d 901, 911-912 (1995), citing Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309 (1994). By requiring a restrictive covenant on the lots that will denigrate Strada's property rights, condition 1 does not meet those nexus and rough proportionality tests. (See the prior section of this letter.) City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner July 15, 2009 Page 8 D. Condition 1 Amounts to. an Unconstitutional Taking- of Strada's Property under Article 1, Section lb of the Washington Constitution. Under Article I, Section 16 of the Washington Constitution, "[n]o private property shall be taken or damaged for public or private use without just compensation having been first made or paid into court for the owner". By requiring a restrictive covenant on the lots that will denigrate Strada's property rights, Condition 1 runs afoul of that state constitutional mandate as well. Requested Relief Concerninlr Condition 1 In view of the above, Strada hereby requests that condition 1 be stricken in its entirety. I hereby request that you provide me with copies of any letters, orders, or other materials that you issue (or that you receive from City staff or others) concerning this appeal. Sincerely, HALINEN LAW OFFICES, P.S. c � David L. H inen Attachments (a set of copies of the Decision and the reconsideration decision) cc: Strada da Valle LLC Attn: Gary Merlino (with copies of attachments) Attn: Arian Elvebak (with copies of attachments) C. E. Vincent, City of Renton Planning Director (hand -delivered, with copies of attachments) Jennifer Henning, City of Renton Current Planning Manager (hand -delivered, with copies of attachments) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (hand -delivered, with copies of attachments) Bonnie Walton, City of Renton City Clerk (hand -delivered, with copies of attachments) Ann Nielsen, Assistant Renton City Attorney (via first class mail with copies of attachments) Y:Ic1i2488W-AShort Plat DecisioMAppeal to HE Revised Appeal Letter (7-15-09).doc RECEIVED SHOR T PLA T I City of Renton REPORT & - Department of Community & Economic Development HALINFN iAWOFRI DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: May 5, 2009 Project Name: Strade da Valle Short Plat OwnerlApplieant: Gary Merlino; Strada da Valle LLC; 9125 10`' Ave S, Seattle, WA 98108 Contact. David L. Halinen; Halinen Law Offices, P.S.; 1019 Regents Blvd Ste #202, Fircrest, WA 98466 File ,Number: LUA09-042, SHPL.-A Project Manager: Rocale Timmons, Associate Planner Project ,Summary: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings following the subdivision of the parcel. The subject property is located on the cast side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road, The site is also located within a seismic hazard area. An addendum to the existing SEPA Determination of Nan -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. Project Location: 2300/2400/2500 East Valley Road P.S. SHPL A Reporr City afRenion Department of Community & Economic Development Administrative Short Plat Report & Decision STRAD.4 DA iIALLE SHORT PLAT LVA09-042, SHPL-A Report of May 5, 2009 Page 2 of 8 EB.EXHIBITS: Exhibit 1: Zoning and Neighborhood Detail Map Exhibit 2: Overall Plat Plan Exhibit 3: Aerial Photo Exlvbit 4: SEPA Addendum C. GENERAL INFORMATION: 1. Owner(s) of Record: Gary MerIino Strada da Valle LLC 9125 10" Ave S Seattle, WA 98108 2. Zoning Designation: Commercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EAV) 4. Existing Site Use: 3 General Office Buildings 5. Neighborhood Characteristics: North: Vacant (CA zone) East.- SR 167 South: Lumber Market-StoragelWarehouse (CA zone) West: Yalley Distribution -Warehouse (IL zone) 6. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road, 7. Site Area: 243,427 square feet (5.588 ac) D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan NIA 4924 12/5/2001 Zoning NIA 5099 l l/l/2004 Annexation N/A 1743 4/15/1959 Site PIan Review ! LUA87-058 NIA 11/23/1987 Environmental Review E. PUBLIC SERVICES: 1. Utilities a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. c. Surface/Storm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SHPL-A Report Cite of Renton Department of Commaiiiy & Economic Dei�elopment Administrative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT L UA09-042, SHPL-A Report of May 5, 2009 Page 3 of 8 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020, Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards a. Section 44-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120, Compatibility with Existing Land Use and Plan — General Requirements and Minimum Standards c. Section 4-7-150: Streets — General Requirements and Minimum Standards d. Section 4=7-180: Industrial and Commercial Blocks and Lots — General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: =H.DEPARTMENTANALYSIS: 1. Project Descri tionBack round The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel; zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stonnwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via Four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEPA is not required for the short plat. However, an addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office SHPL A Report Ciiy of Renton Departnient of Conmiunify & Economic Bevelopment Administraiiue Short Plat Report & Decision STRADA DA VALLE SIIORT PLAT LUA09-042, SHPL-A Report of 1t�ay 5, 2009 Page 4 of 8 development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. 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 Departmental Recommendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EAV) on the Comprehensive Plan Land Use Map. Lands in the EAV designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities. The proposal is consistent with the following Comprehensive Plan Land Use policy: Objective LU-HHH: Provide for a mix of employment -based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. V Policy Objective Met ❑ Not Met h) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: The minimum lot size pennitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonsUated in the table below (Table A), all lots meet the requirements for minimum lot size. Setbacks: The required setbacks in the CA zone are as follows: minimum front yard setback is 10 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non -conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Building, Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on -site parking garage. Parking is not located within a structure therefore the maximum building coverage: would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SHPL-A Report City af'Renion Depw ineew of Community & Economic DevelopmA ent mini.stralfiv Short Plat Reporl & Decision STRADA DR VALLE SHORT PLAT LUA09-042, SHPL A Report of May 5, 2009 Page 5 of S Parking: The number of parking spaces for general office uses within the Commercial Arterial zone is hnvted to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non -conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot 2 Lot 3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min. 25,000 SF 52,045 Net SF (54,855 Net SF) (133,220 Net SF Building 10,355 SF 15,720 SF 27,723 SF Footprint Max. Blde. Lot 20 % 28% 21 % Coverage Max: 65% Parkine Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 4.5/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Parking Stalls Provided 48 76 172 Front Yard Setback Min: 10 feet 61.9 feet 124 Peet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision: Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot Lilies at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot I SHPL-A Report City of Renton Departmew gf'Communiry & eononaic Development Administrative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT _ L_UA09-042, SFIP_L-A Report of May 5, 2009 Page 6 of 8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3. The applicant is proposing to create easements and eoventants related to the existing driveways that straddle proposed lot lines. Staff recommends, as a conditions of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: The topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City`s zoning neap. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a inix of employment - based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. f) Availability and Impact on Public Services (Timeliness) Police and fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stormwater conveyance system that drains into existing on -site storrnwater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained stormwater from the site discharges into an existing City storm drain abutting East Valley Road. No changes to the existing stormwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). There is an 8-iuch sewer main within East Valley Road. No improvements to the water and sewer are necessary as there are no changes to site proposed as part of the short plat. !. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: I. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Compreh ensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-A Report City of Renton Department of Community & Economic Developmew Administrative Short Plat .Report & Decision STRADA DA VALLE SHORT PLAT LUA09-O42, SHPL A Report of May 5, 2009 Page 7 of 8 J. CONCLUSIONS: 1. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. 3. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. IC. DECISION: The Strada da Valle Short Plat, File No. LTA09-042, SHPL-A, is approved subject to the following conditions: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: t C.E. Vincent, Planning Director TRANSMITTED this 5`' day of May, 2009 to the OwnerlApplicant/Contact: Applicant/Owner: Gary Merlino Strada da Valle LLC 9125 1 o`h Ave S Seattle, WA Cantaet: David L. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd Ste #202 Fircrest, WA 98466 TRANSA=D this 5`t' day of May, 2009 to the Party (ies) of Record., No Parties of Record TRANSMITTED this 5`4 day of May, 2009 to the following: .Larry Meckling, Building O)fzcial Fire Marshal Neil Watts, Development Services Director � � d Decision Date SHPL-A Report City of Renton Department of Community & Economic Development Administrative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT L UA09-042, SHPL A Report of May 5, 2009 .Page 8 of 8 Jennifer Henning Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hail — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADPYSORYNOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process far the land use actions. Planning No Comments Prow9y Services: See attached Fire: No Comments Plan Review - Sewer: No Comments Plan Review — Water. No Comments Plan Review — Surface Water. No Comments Plan Review— StreedTransportation: No Comments SHPL-A Report PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: April 23, 2009 TO: Rocale Timmons FROM: Bob Mac Onie ii SUBJECT: Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon 41160 is erroneously noted at both the N''A corner of Section 30 and the S '/a corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N'/4 corner of said Section 30. There is no horizontal control monument at said S %4 corner. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal, The type size used .for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S 1/4 corner of Section 30 is incorrect — the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N % corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 1H,1File Sys1LND - Land Subdivision & Surveying Rewrds\LND-20 - Short P1a1sk0S41RVUXW23.doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet 1 of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time of recording, need to sign the final short plat submittal. Jnclude notary blocks as needed. Revise the title of the declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS-COVENANTS AND AGREEMENT RLDRONG WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT.- The owners of the land embraced within this short plat, in return far the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future HAFile SyALND - Land Subdivisian & Surveying ltecords\LND-20 - Short P1atc1054ZRV090423.docVnmffice April 23, 2009 Page 3 purchasers of the lots, or of any suhdivisions thereof. This covenant shall run with the land as shown on this short plat. Comments for the Project Manager. Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. HAMe Sys%LND - Land Subdivision & Surveying RecordsU ND-21 - Short P1atsN15421RV090423.doclmsoffite G3 - 19 T23N R5E E 1/2 B - 31 T23N R5E E 1/2 + + ZONING a 2W 400 PW TECHNICAL SERVICES Feel 'NT 07nSM 1:4.800 EXHIBIT 1 =-1.1 r 4 y234.59' �^iow,.j"e 157 \R 53• W 296.15 > qj R Ls py2g w w NOWL1XE (rn) EX. BUILDING a ESr. 'v EX BUILDING c U� �uNi �R _ g �i BUIlD1NC A - p r^ \ TL 3023D3- 9DDI N893B'OS'W 78.93' LOT t LOT 2 LOT 3 JA �� ff uwe yg 01'49 52 W 430.7Q` 29p.J9' arw•sx- Now S E 131Rle'([} T ^— —R — �• ` _ _ `r ROW LMf _ EAST VALLEY ROAD` -- — — — — .� 'r`•1°'(`) — — ,�sT uI� NE II,=7W 30— � etgTyT NXT. — RIM lllf N I OVERALL PLAT PLAN TOTAL A ' 1 3.427 SQJ". ("a3 AORL$} RTE ZMHO: OOLOA 7OCiAL A"90AL (EA) FROPWED LOT SQUARE FOOTACM lA { 0.53 AREA IN ONVEWAY -%M`Mn X AFWA M AR "ff Y 1 5851 SOFT. R00 EO,FT. SEWS ROOT. L07 2 RRSoe SQFT. 1.553 Soft KIM SOJT. L" 3 ISi,oil san L RSA 54ri 13 m SQFL. PARKING STALL COUNT ANALYSIS LOT , LOl I LDT 3 EmWM0 USE OF BUILOE(Q ON PROPOSED LOT OFFM OFPXY nFRM 4RS,100 NET FLOOR AREA or euen IR336 so T. 1IL720 501T. 17.7M SQR. Dame STALL COUNT OObE REOD T . OMM S'TASL L T COOS lrEn4 ERww STALL COl1NT COOS pEq'O sT OARO lT X/A X/A u X/A X/A m N/A X/A OXWACT b Q 13 22 o 23 1m n A M Mbt+ m 1 I N/A 0 H/A ♦ S N/A 70TAL !R 31 M 70 Ii T 172 e3 ,=e BLRLDINO SETBACKS FOR COMNWICIAL ANIpaAL ZOL+E CA km♦VLY FRONT YARD FRONTAGE SETBACK 4Q FT, WNWUM RW YAM 1101L YIXYLW SIDE YARD Nu3NE TN1L' PCX MW VM MONA TN( BE RELI OCOFIT I0 r RC1HAp( MAY 1 REDD VE 0 rr. TREYILW 111E SLx MAR ^PWADED o" 'R Rfl'L'w ARE UXATM FLAN( INS ARE NEY LDGTm YEROIJ iLa Riau® SE1DAaL SITE CALCULA11ONS MMCV?TA DE WT COMO= BY cams 9aANRS Aim STNcIUIm LOT , SPF iQl 2 2e% LOT 3 21% MVE31R1T MN LAN05C M 1Pr.n LOT C AAwLENT LAXOROArE I", IZ00 if IR.40 OF uff 2 27.50o w mug w LOT 3 Sum ! 2Sj50 g CEVELOf ME±W P crry OF RLEN = x MAR 18 ; Lu RECEIV Pomm OP Nomirm quaIn or um mmmin QUO= of urmw 8% towoov 0 Nba7'S. PANGS a SAff7 Vic PROPERTY OWNER: BTRADA DA VALLE LLC J � a127-10TH AVENUE SOUTH Y + SEATTLE. WA OMS 9090 CTTy 01r �rNTON R: LAND SURVEYOBUSH. ROED Sr HRTOHINGS, MC. lejyl� 20W MINOR AVENEUE EAST SEEM MAT NO. LND— SEATTLF— wA sa102 C b STRADA DA VALL.E SHORT PLAT 2400 EAST VALLEY ROAD RENTON, WA 9BO55 TAX LOT 30230�-9103-09 BUSH, ROED & HTCHINGS, INC. QRASNN BY RFiT DATT:03-03-09 JOB d 2608105.00 LW CIML ENGINEERS & LAND SUl!RLOOV{))E33Y�IO�}RS • NET ROOM AREA PROVIDED ST TXE Flm/m1YT DFAIER Y CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON -SIGNIFICANCE — MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non -Significance -- Mitigated DNS-M (ECF 053-0871 Date of Addendum: May 4, 2009 Date of Original Issuance of SEPA Threshold Determination: September 14,1987 Proponent: Strada da Valle LLC _ Application File: ECF 053-087 and SA 058-087 Project Name: Renton Campus Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single -story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single -story office building of 32,120 square feet as part of Phase 11 of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 2P Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non -Significance — Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Gregg Zimmer , Admi ra or DATE Department of Public Vlorks s1)',1 d q Terry Higashiyama, Administrator Community Services Department C5/ 0f !. David Daniels, Administrator Department of Community & Economic Development DATE DATE Denis Law Mayor. July 1, 2009 kalinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 Cl Department of Community & Economic Development SUBJECT: Strada da.Valle Short Plat Reconsideration (File No. LUA09-042) RECEIVED JUL 032009 HAIINENLAW OFFICES; AS. Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval -for the Stada da Valle Short Plat. The City is also in receipt of your appeal. request, but the appeal will not be processed by the City's Hearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for' reconsideration. Your request.appears to be in regards to Conditions land 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. Condition . 2 be stricken in it entirety, or the condition be revised -to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record'a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway. Easement Strips A, B, C and D. (The declaration may address. other. easements and matters relating to the subject property as well.) When the short. plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plot (b) cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009.. While the staff appreciates the issues raised in your letter we believe that,they'are matters that should be preserved and raised at an appeal hearing. To that end, we do not want to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall . 1055 South Grady Way f Renton, Washington 98057 • rentonwa.gov Page 2 .RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with.the City. Submission of a completed short plat application vests the developer with the right to. both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 259 (1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non -conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use or redevelopment of the site. However, as the existing structures were non -conforming at the time of land use application and it is unclear -whether the proposed additions/expansions would conform with the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. As a note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from fast Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot land 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's'contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded, The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably. vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, 8, C and D. When the short plat and the declaration are recorded, a request shall be made to the king County Recorder to cross reference the recording number of the short plat on the declaration." conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23,.2009 Decision -The approval for the Strada da Valle Short Plat, File No. LUA09-042; SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised. to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A,. B, C and D. When the short plat and the' declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 22, 2609. As the City is already in receipt of your original appeal, it is not necessary to resubmit anew appeal. However, please note that you or a representative will be required to be present for your appeal. Page 4 If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. . City of. Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A r CST, OF RENTON It If `� •. + � + Hearing Examiner Denis Law, Mayor Fred J. Kaufman July 7, 2009 David L. Halinen, P-E. Attorney at Law 1019 Regents Boulevard, Ste. 202 Fircrest, VITA 98466 Re: Appeal of portions of the Strada da Valle Short PIat Administrative Decision LUA 09-042, SHPL-A Dear Mr. Halinen: The appeal hearing on the above matter has been scheduled for Tuesday, July 28, 2009, at 9:00 a.m. The hearing will take place in the Council Chambers oil the seventh floor of the Renton City Hall. The address is 1055 S Grady Way in Renton. If this office can provide any further assistance, please address those comments in writing. Sincerely, Fred Kaufman Hearing Examiner City of Renton FJK/nt cc: Larry Warren, City Attorney Chip Vincent, Director, Planning Division Neil Watts, Development Services Director Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Gary Merlin, Manager, Strada da Valle, LLC 1055 South Grady Way - Renton, Washington 98057 - (425) 430-6515 This pap�x rental-�s 601% recycled material, 30411 pest co<<sumer RENT0P� Department of Community & Economic Development J u ly 6, 2009 Halinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Date Clarification (File No. LUA09-042) Dear Mr. Halinen, This letter is to acknowledge receipt and respond to your follow-up letter, dated July 3, 2009. As you correctly noted, the appeal deadline of June 15, 2009, was a scrivener's error. The new appeal period stemming from the reconsideration will be held open until Jul 1_ _y _5,, 2009. Please also note that the reconsideration letter stated that the Hearing Examiner appeal was tentatively scheduled for Tuesday, July 21, 2009. 1 have since learned that the appeal is currently scheduled for 9:00 am, Tuesday, July 28, 2009. You should receive a notice from the Hearing Examiner, which would confirm this date. If you have any further questions, please feel free to contact Rocale Timmons at (425) 430-7219 Sincerely, �. � . C.E. "Chip" Vincent, Planning Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A Renton City Hall 0 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov HALINEN LAW OFFICES, P.S. A professional Service Corporation David L. Halinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 davidhatinen@halinenlaw.com Fircrest, Washington 98466-6037 July 3, 2009 VIA EMAIL AND FIRST CLASS MAIL City of Renton Department of Community and Economic Development 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: C. E. Vincent, Planning Director Tacoma: (253) 627-6680 Seattle: (206) 4434684 Fax: (253) 272-9876 pcity Of Re anniri Divis?toll JU( - 6 zoos Re: Reply to your July 1, 2009 response letter to my client Strada da Vane LLC's Request for Reconsideration of Conditions 1 and 2 of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Strada's Request That Your Response Letter Be Revised to (a) Acknowledge and Address the City's Receipt of Strada's June 22, 2009 Technical Clarification of and/or Modification to the Strada da Valle Short plat Application, and (b) Correct the "June 15, 2009" Appeal Extension Date Your Letter Provides (a Date That Mistakenly Predates Your Letter) Dear Mr. Vincent: I received in the mail today your letter dated July 1, 2009 (postmarked July 2, 2009), copy enclosed, in response to Strada da Valle's request for reconsideration. I am surprised that your letter (a) fails to mention (let alone address) any of the legal arguments set forth in my letter to you dated June 22, 2009 and (b) fails to take into account (or even acknowledge receipt of) the technical clarification of and/or modification to the Strada da Valle short plat application that I forwarded to you along with that letter. Even if you disagree with the legal arguments set forth in my letter (which I cannot tell because your letter does not address them), your letter should at least acknowledge receipt of the technical clarification of and/or modification to the Strada da Valle short plat application and address it. Accordingly, on Strada's behalf, I hereby request that, at a minimum, your letter be revised to do so. COPY City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director July 3, 2009 Page 2 In addition., please note that while your letter states that a new appeal period is provided (which Strada appreciates), the new deadline appeal specified in your letter (June 15, 2009) predates your letter. I assume that that date was an oversight on your part, in as much as the June 15, 2009 date was contained in an earlier draft of your letter emailed to me for review and discussion purposes in early June 2009. When you finalized your letter on July 1, you apparently forgot to revise the date. Please issue a revised letter providing a new date for appeals (not before July 16, 2009). (Note that Strada does intend to revise its appeal in view of your letter and in view of the technical clarification of and/or modification to the Strada da Valle short plat application that I provided you along with my letter to you dated June 22, 2009.) Should you have any questions or comments, please let me know. Sincerely, HALINEN LAW OFFICES, P.S. David 4H' Enclosure (copy of your July 1, 2009 letter to me) cc: Strada da Valle LLC Attn: Gary Merlino (with copy of enclosure) Jennifer Henning, Current Planning Manager, City of Renton Department of Community and Economic Development (with copy of enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copy of enclosure) Bonnie Walton, Renton City Clerk (with copy of enclosure) Fred Kaufinan, City of Renton Hearing Examiner (with copy of enclosure) Ann Nielsen, Esq., Renton City Attorney's Office (with copy of enclosure) YAcfl2488100715hort Plat Dccision\RFR\Vincent L13 (7-3-09).doc Denis Law Mayor - July 1, 2009 01 0f _ -- } ry Department of Community & Economic Development RECEIV8D U 0 3-.2009' Halinen Law Offices, P.S. HALINFNMWOFFICES P,S. David L. Halinen 1019 Regents Boulevard; Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No, LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da-Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Hearing Examiner until the reconsiderationhias been issued and the. appeal period has ended. The City. Attorney and staff have -reviewed your request for' reconsideration. Your request. appears to be in regards to Conditions land 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. condition 2be stricken in. it entirety, or the condition be revised to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plot as Joint use Driveway Easement Strips A, B, C and D. (The declaration may address other. easements and matters relating to the subject. property as well.) When the±short plat and the declaration are recorded, a request shall be made'to the king County Recorder to (a). cross reference the recording number of the declaration on the short plot (b) cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009. While the staff appreciates the issues raised in your. Ietter.we believe that they are matters that should be preserved and raised at an appeal hearing. To that end, 'we do not want to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the -proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Hall 9 1055 South Grady Way + Renton, Washington 98057 • rentonwa.gov Page 2 ,RMC 4=2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. .Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with the City, Submission of a completed short plat application vests the developer with the right to. both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor y. Pierce Count 133 Wn.2d 2b9 (1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning.ordinances and building codes, and is filed during.the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non -conforming structure . shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use or redevelopment of the site. However, as the existing structures were non -conforming at the time of land use application and. it is unclear whether the proposed additions/exp.ansions-would conform with.the zoning ordinance; in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit'review. As a note staff offers there is reasonable use of the land with respect to accommodatirig the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to createeasements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's'contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft -easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the -short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use- Driveway Easement Strips A, B, C and D. When the short plot and the declaration ore recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended land Use Permit Master Application and supplemental page (attached) received on June 23,,2009 Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat; the applicant. shall.record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, p, C and D. Whenthe short plot and the declarotion are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City -Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note thatyou or a representative will be required to be present for your appeal. Page 4 If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. . City of Renton. Municipal Code Section 4-8-110 governs appeals to- the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75100 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady. Way, Renton, WA 98057. Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: jennifer Denning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File tUA09-042, SHPL-A Denis Law - Mayor City O,. Department of Community & Economic Development July 1, 2009 Halinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No. LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Bearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration. Your request appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition be revised to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of laird depicted and labeled on the proposed short plot as Joint use Driveway Easement Strips A, B, C and D. (The declaration may address other easements and matters relating to the subject property as well,) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plot (b) cross reference the recording number of the short plat on the declaration." The City is also in receipt of your letter dated June 22, 2009. While the staff appreciates the issues raised in your letter we believe that they are matters that should be preserved and raised at an appeal hearing. To that end, we do not want to cause undue delay in the facilitation of your appeal process, and therefore issuing this reconsideration decision. Analysis 1. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in Renton City Nall • 1055 South Grady Way • Renton, Washington 98057 0 rentonwa.gov Page 2 RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices and potential additions or expansions to the existing structures in accordance with the zoning and other land use control regulations in effect on the land the date the complete application was filed with the City. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County 133 Wn.2d 269 (1997)). However, it is important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non -conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use or redevelopment of the site. However, as the existing structures were non -conforming at the time of land use application and it is unclear whether the proposed additions/expansions would conform with the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. As a note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is Page 3 proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plot on the declaration." Conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. 3. The record will now reflect the amended Land Use Permit Master Application and supplemental page (attached) received on June 23, 2009 Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1_ Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 15, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If some or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. Page 4 if you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA09-042, SHPL-A HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. Halinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 Tacoma: (253) 627-6690 davidlialinenaWialinenlaw.com frircrest, Washington 98466-6037 Seattle: (206)443-4684 Fax: (253) 272-9876 VIA EMAIL AND FIRST CLASS MAIL Cty June 22 2009 �'! n1�t R� Iton ' n9 Divisiorl JUN 2 4 2009 City of Renton Department of Community and Economic Development f� 1055 S. Grady Way, Sixth Floor Renton, Washington 98057 Attn: C. E. Vincent, Planning Director Re: Follow-up to our communications concerning my client Strada da Valle LLC's Request for Reconsideration of Conditions 1 and 2 of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Vincent: Thank you for your courtesies in speaking with me by phone during recent weeks concerning my client Strada da Valle LLC's ("Strada's") request for reconsideration of Conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09-042, SHPL-A) and for providing me with two draft versions of a response letter you have been working on. As I promised at the end of our last discussion, I am writing to (a) forward you a technical clarification to and/or modification of Strada's completed Land Use Permit Master Application form that was submitted to the City as part of the subject short plat application package on March 18, 2009, (b) comment on various portions of the second draft response letter (dated June 16, 2009, copy attached as Exhibit 1) that you emailed me on that date, and (c) ask you to further revise the portion of your letter dealing with Condition 1 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision. Let me explain. Clarification to/Modification of Strada's Completed Land Use Master Application Form Part of Strada's short plat application submittal package submitted on March 18, 2009 was a completed City of Renton Land Use Permit Master Application form and a completed City of Renton Environmental Checklist form. As you know, the Land Use Permit Master Application form has only very limited space for text to provide information on Proposed Land Use(s). The completed form that was part of Strada's short plat application states: PROPOSED LAND USE(S). General office, medical and dental office and government offices as defined in the City's Development Regulations in effect- on the date that this short plat application is submitted to the City of Renton. COPY City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 2 Consistent with and elaborating on that statement of proposed land uses is the applicant's response to the question and instruction in section A.7 on page 5 of the completed Envirommental Checklist form that was submitted as part of the short plat application. The question, instruction and response state: 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No plans exist for immediate additions or expansion. However, although the site's historic use has been general office, the applicant intends to use the existing buildings for general office and/or medical and dental office and/or government offices as defined in the City's Development Regulations in effect on the date of the short plat application. The applicant proposes that if, ultimately, one or more additions to or expansions of the development are ultimatel to be constructed, the amlication(s) for such will be in accordance with the City's Development Regulations in effect on the date of the subiect short plat application. (Boldfacing and italics in the original; underlining added for emphasis.) Strada contends that the underlined sentence in that above -quoted Environmental Checklist response is a disclosure by Strada to the City of a proposed possible means of future redevelopment of the subject proposed lots consistent with the stated proposed land uses of "[g]eneral office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton". (Such means was responsive to the Environmental Checklist's question.) Strada further contends that, having disclosed proposed land uses on the originally submitted Land Use Permit Master Application form, under Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997) and under RCW 58.17.033(1), no further disclosure to the City (including the underlined sentence in the above -quoted Environmental Checklist response) was necessary in order to vest Strada's right to redevelop the lots in the future for the stated proposed land uses in accordance with the "zoning or other land use control ordinances, in effect on the land at the time [that the] fully completed application for ... short plat approval of the [Strada da Valle] short subdivision [was] submitted to the appropriate ... city [of Renton] official."' (See pages 4 through 10 of this letter, where I further discuss Noble Manor, and footnote 6 on page 10.) ' In Renton, the "zoning or other land use control ordinances" are generally found in Title 4 of the Renton Municipal Code (Renton's Development Regulations), although perhaps some of those "ordinances" may be found elsewhere. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 3 However, to make explicit in the Land Use Permit Master Application itself that Strada proposes not only a continuation of office use of the existing buildings and related infrastructure on the subject land but also future office redevelopment on the proposed lots in accordance with the zoning and other land use control regulations in effect on the land on the date that the complete subject short plat application was filed with the City's Planning Division, I am herewith forwarding you as a technical clarification of and/or modification to the Strada da Valle short plat application both of the following: (a) An updated copy of the previously completed and submitted page 1 of the Land Use Permit Master Application form, on which copy a footnote at the end of the Proposed Land Use(s) section has been added, the corresponding text of which footnote at the bottom of the page refers to a Supplemental Page on which there is an addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box; and (b) The Supplemental Page itself that sets forth the addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box. As you can see from the accompanying Supplemental Page, the addition to the statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box states: (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17.033(1) and Noble 2 As the Washington Supreme Court held with regard to RCW 58.17.033 in Friends of the Law v. King County, 123 Wn.2d 518, 869 P.2d 1056 (1994): Once a completed application has been submitted, it is to be judged under the laws in effect at the time of submission. If the applicant can show that its plat, with the proper conditions and modifications, will comply with those Iaws, it will be approved. If not, it will be rejected and the process may begin again. RCW 58.17.140. The applicant bears the burden of complying fully with applicable land use requirements. Taylor v. Stevens Cy., II I Wn.2d 159, 169-70, 759 P.2d 447 (1988). Friends of the Law, 123 Wn.2d at 529; boldfacing and underlining added for emphasis. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 4 Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: (1) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses; and (2) In the future, at such time(s) as the then -owner of each lot determines, redevelopment of each lot on a lot -by -lot basis for one or more of the Proposed Land Uses with one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. Strada's Comments on Various Portions of Your June 16, 2009 Draft Response Letter's Analysis Section that Addresses Condition 1 Strada's Comments on Your Assertion as to what the Supreme Court's Noble Manor Decision Stands For The last sentence of the first full paragraph on page 2 of your June 16, 2009 draft letter, which is an assertion of law purportedly based on the Washington Supreme Court's Noble Manor decision, states: Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). (Boldfacing added for emphasis.) For at least five reasons, Strada takes issue with your inclusion of that sentence's phrase "in the manner disclosed in the application". The first two reasons that Strada takes issue with it are the following: City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page S (a) Your above -quoted assertion of law sentence is not an actual quotation from the majority opinion in the Washington Supreme Court's Noble Manor decision and, as demonstrated below on pages S through 9 below, the "in the manner disclosed in the application phrase" as set forth in that sentence is not supported by the court's majority opinion; and (b) Even if the majority opinion provided support for the phrase in the context of that sentence (which it does not), the meaning of the phrase in your sentence (as that sentence is set forth standing alone as a purported statement of the vesting law) is unreasonably vague and uncertain. Noble Manor's Factual Backdrop In regard to these first two reasons as to why Strada takes issue with your draft letter's inclusion of the phrase "in the manner disclosed in the application" in your sentence asserting what the Supreme Court's Noble Manor decision stands for, first note for factual context that, in Noble Manor, 133 Wn.2d 269; 943 P.2d 1378, a developer had merely filed an application for a short plat to divide a parcel of land into three lots. On a Tacoma -Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form dealing with water supply and sewage disposal issues (a form that was apparently part of or submitted contemporaneously with the short plat application submittal package filed with Pierce County), the developer answered the form's question as to the "Number of single family Iots" as "-0-11 , answered the form's question as to the "Total number of lots" as "-3-", answered the form's question as to the "Number of multifamily residential lots" as "-32% and answered the form's question as to the "Total number of multifamily units" as "-3 °'.3 [See attached to this letter as Exhibit 2 a copy of that completed form, which I copied from page number 202 of my copy of the 306-page set of copies comprising the official Archive Record of the trial court's case file concerning Noble Manor vs. Pierce County (Pierce County Superior Court Cause Number 93-2- 04890-0).] On page 1 of a Pierce County Environmental Checklist" form that was also part of the short plat application package that the developer filed with Pierce County, the developer or developer's agent or consultant answered the form's question 3 (under section 1, Introduction Information"), a question calling for the "[d]escription of proposal, including existing and proposed uses", as follows: The proposal is to subdivide a 42,801 square foot parcel into three duplex sites. The parcel is Lot 1 of Short Plat No. 8109220216 and is located in the SR9/Potential RML Zone. The site will be served by public roads and public CP.IUPYC s The developer apparently construed the term "multifamily units" here to mean duplex buildings in view of the developer's environmental checklist statement that "[t]he proposal is to subdivide a 42,801 square foot parcel into three duplex sites." (Underlining in the original; boldfacing and italics added for emphasis.) City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 6 (Underlining in the original; boldfacing and italics added for emphasis.) (See attached to this letter as Exhibit 3 a copy of that page 1 of the completed environmental checklist form, which I copied from page number 204 of my copy of that same 306-page official Archive Record.). From those answers of the developer on the "Short Plat Preliminary Subdivision Review Application" form and on the environmental checklist form, the Washington Supreme Court's majority opinion characterized the developer's application as "an application for a short plat to divide the property into three lots to build three duplexes" (i.e., one per lot). Noble Manor, 133 Wn.2d 269 at 272. After noting that the subject land purchased by the developer was "approximately one acre" in size (Noble Manor, 133 Wn.2d 269 at 271), the majority opinion also noted that: [T]he property was zoned SR-9 which allowed duplexes to be built on lots with a minimum size of 13,500 square feet. The then -existing zoning code would therefore have allowed three duplex lots to be created out of the Developer`s parcel. Noble Manor, 133 Wn.2d 269 at 272.4 In sum, the Noble Manor short plat application submittal's only statements relating to proposed use were the statements that the "Total number of multifamily units" was "-32" and that "[tlhe proposal is to subdivide a 42,801 square foot parcel into three duplex sites." Other than the Washington Supreme Court majority opinion's simple characterization that the developer's application was as "an application for a short plat to divide the property into three lots to build three duplexes", the majority opinion never referred to anything in the Noble Manor short plat application that could arguably be considered a "manner" in which the application disclosed the property was to be developed. The Supreme Court Majority Opinion's Statement of the Court of Appeal's Noble Manor Holding Having considered Noble Manor's factual backdrop, please now note that the majority opinion of the Supreme Court in Noble Manor states that: The Court of Appeals held that the submission of a completed short plat application vests the right to develop the land under the regulations in effect at the time of the submission. Noble Manor Co. v. Pierce County, 81 Wn, App. 141, 913 P.2d 417, review granted, 129 Wn.2d 1026, 922 P.2d 98 (1996). Noble Manor, 133 Wn.2d 269 at 274; emphasis added In the single sentence paragraph at the end of the Supreme Court's majority opinion (at 133 Wn.2d 285), the majority opinion 4 At the time of the Noble Manor short plat application, the County's zoning regulation in effect on the Iand allowed only one duplex building per lot. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 7 "affirm[ed] the Court of Appeals". The Supreme Court Majority Opinion's Statement of the Overarching Issue in Noble Manor Immediately after stating the Court of Appeal's holding (a holding that forins a context for the majority opinion's legal analysis that follows it), the majority opinion frames the overarching issue in the case as follows: Does the filing of a complete application for a short subdivision vest only the right to divide the property, or does it also vest the right to develop the property under the land use and zoning laws in effect on the date of the application? Noble Manor at 133 Wn. 2d 269 at 274; emphasis added. The Supreme Court Majority Opinion's Noble Manor Conclusion Statements After extensive analysis and discussion, the majority opinion goes on to make the following statements of conclusion: We conclude that it is not only the right to divide land which vests at the time of a short subdivision application, but also the right to develop or use property under the laws as they exist at the time of application. The issue then becomes what development rights vest at that time. Two alternatives are possible. Either (1) all uses allowed by the zoning and land use laws on the date of the application for the short plat should be vested at the time of application, irrespective of the uses sought in an application; or (2) an applicant should have the right to have the uses disclosed in their application considered by the county or local government under the laws in existence at the time of the application. We conclude the second alternative comports with prior vesting law. Noble Manor at 133 Wn.2d 269 at 283; emphasis added. Note that the second of those two alternatives that the majority opinion describes only presents a need for a short plat applicant seeking vesting to disclose proposed uses in the short plat application, not a need to disclose proposed uses and proposed development. Note further in regard to that second alternative that the majority opinion utilizes the word "uses" (plural), not the word "use", thereby making clear that vesting by virtue of filing a completed short plat application is not limited to just one proposed use. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 8 Finally, after setting forth yet further analysis, the !Noble Manor majority opinion sets forth the following final conclusion: CONCLUSION We therefore conclude the Developer had a right to have its application to divide its land into three lots and to build three duplexes decided under the laws in existence on August 2, 1990, the date the application was filed. Since the laws effective on that date did allow for three duplexes on the property, the Developer obtained a vested right to develop its land in accord with the application. Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicant. However, when a developer makes an application for a specific use, then the applicant has a right to have that application considered under the zoning and land use laws existing at the time the completed plat application is submitted. If a landowner requests only a division of land without any specified use revealed, then the county, city or town may consider the application to see if any legal use can be made of the land so divided, and no particular development rights would vest at that time. However, when an application is made for division of land for a specified use, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. We affirm the Court of Appeals and remand to the trial court for further proceedings consistent with this opinion. Noble Manor at 133 Wn. 2d 269 at 285; emphasis added. Consistent with the Noble Manor majority's treatment of the "second alternative" that the majority opinion referred to at 133 Wn.2d 283 (and that is quoted above on page 7 of this letter), the majority opinion's overall conclusion statement quoted above only asserts a need for a short plat applicant seeking vesting to disclose a proposed use in the short plat application, not a need to disclose a proposed use and a proposed development. Remember from the subsection of this letter on Noble Manor's factual backdrop (see pages 5 and 6, above) that all the Noble Manor developer proposed in its short plat application package (in the environmental checklist) was "three duplex lots", with the developer's answer to the "[t]otal number of multifamily units" question on a contemporaneous Tacoma -Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form indicating that that number was going to be "3", forcing the reader of the farm to assume from the context of the overall short plat application that eventual construction of three duplex buildings was planned (for a total of six actual, independently rentable residential dwelling units at two units per each duplex building when using the term "units" according to its meaning in the field of real City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director .Tune 22, 2009 Page 9 estate development) rather than just one independently rentable residential dwelling unit per lot, which would have totaled three such "units". Strada's Contentions Concerning the Actual Statement of Law that the Noble Manor Supreme Court Majority Opinion Stands For and How Your Draft Letter's Statement of the Law Should Be Revised Assuming for the sake of argument that the Noble Manor majority opinion's suggestion in dicta that "some uses not expressly identified in the application may not vest" (a suggestion noted in J. Sanders' concurring opinion at 133 Wn.2d 269 at 288) is nevertheless a generally binding statement of short plat application vesting law (which Strada contends it is not'), in light 5 Strada generally agrees with the criticisms of the majority opinion explained in Justice Sanders' Noble Manor concurring opinion, which is set forth here in its entirety: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta,11 some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on an issue not necessary to decide the case, especially where neither party has briefed or raised it. See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[Gleneral expressions in every opinion are to be confined to the facts then before the court and are to be limited in their relation to the case then decided and to the points actually involved."). Such dicta are not controlling precedent. 12 Authority relied upon by the majority to resolve the narrow issue actually before the court supports vesting of more rights than simply the right to build improvements identified in the original application. For example the majority cites the final legislative report ont_he bill enacting RC'W 58.17.033 which states that short subdivision rights should vest when the application is submitted because "[ilf a developer complies with these requirements, a project cannot be obstructed by enacting new zoning ordinances or building codes." Majority at 277 (quoting Final Legislative Report, 50th Leg. 1st Reg. Sess. 255 (1989)). This suggests zoning and building codes may vest as well, particularly when a change thereto frustrates the improvements allowed by area zoning in effect at the time the plat application was filed. Further, the majority notes the purpose of the vested rights doctrine is to protect a developer's expectations against fluctuating land use policy. Majority at 278 (citing Friends of the Law v. King County, 123 Wn.2d 518, 522, 869 P.2d 1056 (1994)). Such purpose is also served by vesting the right to construct improvements according to the laws in existence at the time of the plat application. Limiting vesting protection to the right to make only those improvements referenced in the platting application could eviscerate a developer's normal expectation to build improvements thereon as allowed by area zoning laws in effect at the time of the subdivision application. Thus, I agree the developer's right to build improvements as specified in the short plat application vests when a complete application is submitted; however, I would not rule out similar vesting where the application is silent. In fact, silence is the norm since land subdivision is available without regard to whether or not immediate improvements are even contemplated. The majority's ill-considered dicta are not controlling and questions not properly before us cannot and should not be determined in this manner. City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 10 of the above -noted facts underlying Noble Manor, the conclusions of the Supreme Court's majority opinion make clear that even a skeletal statement of proposed use (which, in Noble Manor, was a statement that "duplex lots" were proposed) is sufficient under the Noble Manor majority opinion's rules for vesting the right to develop and use property under the laws as they exist at the time of filing of a complete short plat application. Thus, the assertion of law that is set forth as the last sentence of the first full paragraph on page 2 of your .tune 16, 2009 draft letter citing the Washington Supreme Court's Noble Manor decision is incorrect. In order to comport with the Supreme Court's Noble Manor majority opinion (dicta included), Strada contends that the assertion of law in that sentence of your letter should be revised to state: Submission of a completed short plat application that generally discloses particular proposed use(s) vests the short plat applicant with the right to divide the property and develop and use it for the disclosed proposed use(s) in accordance with the zoning and other land use control laws in effect on the date of submission of the application (Noble Manor v, Pierce County, 133 Wn.2d 269 (1997)). Please revise that sentence accordingly. Why Strada's Originally Submitted Statement of Proposed Land Use(s) Meets Noble Manor's Statement of Law for Vesting of Development and Uses Strada's disclosure of office uses on the face of Strada's originally submitted Land Use Permit Master Application form meets Noble Manor's statement of law for vesting of development (including future redevelopment of Strada's proposed lots) and uses because that disclosure of uses (namely, Jg]eneral office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton) was at least as particularized as was the Noble Noble Manor, 133 Wn.2d 269 at 288-290 (J. Sanders concurring). Noble Manor footnotes 11 and 12 tied to Justice Sanders' above -quoted concurring opinion state: " E,g., "Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicant." Majority at 285. `Z State v. Potter, 68 Wn. App. 134, 149 n.7, 842 P.2d 481 (1992). 6 That is why Strada contends near the bottom of page 2, above, that, having disclosed proposed office land uses on the originally submitted Land Use Permit Master Application form, no further disclosure to the City was necessary in order to vest Strada's right to redevelop the lots in the future for the stated proposed land uses in accordance with the "zoning or other land use control ordinances, in effect on the land at the time [that the] fully completed application for ... short plat approval of the [Strada da Valle] sbort subdivision [was] submitted to the appropriate ... city [of Renton] official." City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 11 Manor developer's disclosure of proposed "duplex lots" use in Noble Manor. Strada's Purpose in Herewith Submitting the Pages Constituting a Clarification to and/or Modification of Strada's Completed Land Use Master Application Form. As described more fully on pages 3 and 4 above, Strada is herewith submitting to you as a technical clarification to and/or modification of the short plat application both (a) the updated copy of the previously completed and submitted Page 1 of the Land Use Permit Master Application form and (b) a corresponding Supplemental Page that sets forth an addition to the original statement in the Land Use Permit Master Application's "PROPOSED LAND USE(S)" box. That addition to the original statement includes making explicitly clear that all "Future Office Redevelopment" (as defined on the Supplement Page) is proposed to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the fully complete application for the Strada da Valle Short Plat was submitted to the City. Even though Strada contends that the herewith submitted technical clarification to and/or modification is not legally necessary in order for Strada to qualify under Noble Manor's statement of law for vesting of both development and uses, Strada has nevertheless elected to submit it in the interest of resolving this matter and avoiding controversy with the City. Strada's Requests for Modifications to the Text of Your Draft Letter's "Analysis" and "Conclusions" Sections in Relation to Condition 1 Strada hereby makes several requests for modifications to the text of your draft letter's "Analysis" and "Conclusions" sections relating to Condition 1. The first is a reiteration of the request set forth on page 10, above, that you revise the assertion of law that is set forth as the last sentence of the first full paragraph on page 2 of your June 16, 2009 draft letter to read as follows: Submission of a completed short plat application that generally discloses particular proposed use(s) vests the short plat applicant with the right to divide the property and develop and use it for the disclosed proposed use(s) in accordance with the zoning and other land use control laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). Second, Strada requests you delete the second full paragraph on page 2 of your June 16, 2009 draft letter. That paragraph states: It important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 12 ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. After several readings of that paragraph, I fail to see the basis for it in the context of the subject short plat application and Strada's pending request for reconsideration. Because Noble Manor relates to short plat applications, not "permit applications", the reference to "permit application" in the second line of that paragraph appears to be inappropriate. Note that if you actually intend in that paragraph to refer to "permit application" rather than to "short plat application", other portions of this paragraph don't seem to be at all appropriate. For example, that paragraph's references to the "permit application" being "sufficiently complete" and complying with "building codes" make the paragraph sound somewhat like a statement of a part of the common law rule for building permit application vesting rather than vesting under a short plat application pursuant to RCW 58.17.033(1) and Noble Manor. Compliance with building codes is not ordinarily checked in relation to a short plat application but is in relation to a building permit application. In sum, that paragraph appears to me to be muddled, misstating vesting law that is relevant in the context of the subject short plat application and your draft letter, which is why Strada hereby requests that that paragraph be deleted in its entirety. Third, in view of Strada's herewith submitted pages intended as a technical clarification to and/or modification of the short plat application, Strada hereby requests that you revise and replace the last three paragraphs of your draft letter's Analysis section concerning Condition 1 (the first two of those paragraphs being set forth on the bottom of page 2 of your draft letter and the third being set forth on the top of page 3) with the following three paragraphs: Renton's Planning Division determined the subject short plat application to be complete and, accordingly, notified you (as the applicant's contact person) of such in a letter dated March 27, 2009. The uses the applicant proposes for the proposed lots are allowed within the zoning ordinance in place on the March 18, 2009 submittal date of the vested application. Although the existing structures on the property (having been developed around 1990 when an earlier zoning ordinance applied) do not comply with the minimum front yard setback ftom East Valley Road specified under the current zoning ordinance, that fact does not preclude the applicant from changing the use of the existing structures from a general office use to a dental, medical or government office use. By virtue of the technical clarification to and/or modification of the short plat application that you submitted to the Planning Division along with a letter to the Planning Division dated June 22, 2009, it is now clear to us that, after initial utilization of what the clarification/modification refers to as the Existing Office Development (i.e., development consisting of an existing office building and associated existing outdoor parking, walkway, landscaping, lighting, drainage, City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 13 utility and related improvements) on each of the proposed lots for one or more of the applicant's proposed (office) land uses specified in the Land Use Permit Master Application, future redevelopment of each lot is contemplated on a lot -by - lot basis (at such time(s) as the then -owner of each lot determines). We understand such redevelopment would be what the submitted technical clarification and/or modification to the short plat application collectively refers to as "Future Office Redevelopment" (i.e., redevelopment consisting of one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements to be built on each such lot) for one or more of the proposed land uses set forth in the Land Use Permit Master Application, and with such redevelopment of each lot to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the March 18, 2009 short plat application vesting date. In light of the of the technical clarification to and/or modification of the short plat application that you submitted to the Planning Division, Staff now concurs with the applicant's contention of vested rights under Noble Manor to (a) use the three subject proposed lots in accordance with any of the uses allowed under the zoning and other land use control ordinances at the time the short plat application was filed and (b) redevelop the lots in the future for the proposed offices uses provided that the redeveloped building(s) and redeveloped associated parking, walkway, landscaping, lighting, drainage, utility and related improvements are in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the March 18, 2009 short plat application vesting date. Condition 1 is thus no longer necessary or appropriate. Strada's Satisfaction with Your June 16, 2009 Draft Response Letter's Analysis Section that Addresses Condition 2 Strada is now satisfied with your June 16, 2009 draft response letter's Analysis section that addresses Condition 2. Thank you for your adjustment. Strada's Request for Revisions to Your June 16 2009 Draft Response Letter's Conclusions Section In view of the above, please revise item 1 of the "Conclusions" section of your June 16, 2009 draft response letter to state as follows: 1. By virtue of the technical clarification to and/or modification of the short plat City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 14 application that you submitted to the Planning Division along with your letter on behalf of the applicant to the Planning Division dated June 22, 2009, Condition I is no longer necessary or appropriate and should be rescinded. Strada's Request for Revisions to Your June 16 2009 Draft Response Letter's Decision Section In view of the above, please make the following revisions to the "Decision" section of your June lb, 2009 draft response letter: (A) Revise the introductory clause to read as follows: The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is hereby upheld, Condition 1 is hereby rescinded, and Condition 2 is hereby modified to read as follows: (B) Strike the text that currently states "1. Condition 2 shall be revised to read as follows" (which text currently begins the paragraph immediately following the current introductory clause). By making those two changes, the paragraph immediately following the revised introductory clause will start with the italicized phrase "Prior to or concurrent with the recording of the short Plat ...... Thank you very much for providing me the opportunity to review and reply to your draft response letters on behalf of Strada. Please let me know if you have any questions or comments concerning this letter, the three attached exhibits, or the two pages forwarded to you herewith as a technical clarification to and/or modification of the Strada da Valle short plat application. Sincerely, HALINEN LAW OFFICES, P.S. &-t `-% David L. 14alinen Enclosures [Exhibits 1, 2 and 3 as well as (a) an updated copy of the previously completed and submitted Page 1 of the Land Use Permit Master Application form and (b) a Supplemental Page to the Land Use Permit Master Application form] City of Renton Department of Community and Economic Development Attn: C. E. Vincent, Planning Director June 22, 2009 Page 15 CC" Strada da Valle LLC: Attn: Gary Merlino (with copies of enclosures) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copies of enclosures) Y:1cf1248810075hort Flat Decision\RFR\Vincent LT2 (6-22-09).doc Exhibit 1 [A copy of C.V. Vincent's .tune 16, 2009 draft response letter follows this page] June 16, 2009 Halinen Law Offices, P.S. David L. Halinen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466-6037 SUBJECT: Strada da Valle Short Plat Reconsideration (File No. LUA09-042) Dear Mr. Halinen, This office is in receipt of your reconsideration request, dated May 18, 2009 (received May 19, 2009); in which you requested reconsideration of the conditions of preliminary approval for the Stada da Valle Short Plat. The City is also in receipt of your appeal request, but the appeal will not be processed by the City's Hearing Examiner until the reconsideration has been issued and the appeal period has ended. The City Attorney and staff have reviewed your request for reconsideration. Your request appears to be in regards to Conditions 1 and 2 within the Report and Decision, dated May 5, 2009. Specifically you have requested: 1. Condition 1 be stricken in its entirety. 2. Condition 2 be stricken in it entirety, or the condition be revised to read: "Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. (The declaration may address other easements and matters relating to the subject property as well.) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross reference the recording number of the declaration on the short plat (b) cross reference the recording number of the short plat on the declaration." Analysis I. Condition 1 The applicant has requested preliminary short plat approval for a 3 lot short plat on a site which contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities; all to remain following the recording of the short plat. There would be one building located on each of the Page 2 proposed lots. The existing buildings do not comply with the maximum front yard setback of 15 feet, noted in RMC 4-2-120. Any legally established building or structure may remain, although such structure does not conform with the provisions in the Renton Municipal Code, provided the conditions outlined in RMC 4-10-050.A are met. The proposal meets all of the conditions outlined, as the proposal includes no alterations to the structures. Therefore the structures would be allowed to remain without alteration. Included in the application materials were references to potential changes of use from general office to medical, dental or government offices. And while the Land Use Master Application (submitted on March 18, 2009) only notes a change of use, the Environmental Checklist (submitted on March 18, 2009) noted potential additions or expansions to the existing structures. Submission of a completed short plat application vests the developer with the right to both divide the property and to develop it in the manner disclosed in the application in accordance with the land use and zoning laws in effect on the date of submission of the application (Noble Manor v. Pierce County, 133 Wn.2d 269 (1997)). It important to point out that the Noble Manor doctrine is only applicable if the permit application is sufficiently complete, complies with existing zoning ordinances and building codes, and is filed during the period the zoning ordinances under which the developer seeks to develop are in effect. The application was sufficiently complete and while the uses the developer seeks to develop the property with are allowed within the zoning ordinance in place at the time of the vested application the existing structures do not comply. In addition it is unclear whether or not the proposed improvements the developer is seeking (additions/expansions noted in the Environmental Checklist) would be in compliance with the zoning ordinance in place at the time of the vested application. Therefore, the City's Nonconforming Structures ordinance, noted in RMC 4-10-050, would be applicable to the proposal. In part, RMC 4-10-050 states the non -conforming structure shall not be enlarged unless the enlargement is conforming. Staff concurs with the applicant's contention of vested rights to use the subject property in accordance with any of the uses allowed under the zoning at the time the land use application was filed. Condition 1 will not preclude the applicant to change from a general office use to a dental, medical or government office use. However, as the existing structures were non -conforming at the time of land use application and it is unclear whether the proposed additions/expansions would conform to the zoning ordinance, in place at the time of land use application, staff offers the condition is appropriate. In the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. Page 3 As an additional note staff offers there is reasonable use of the land with respect to accommodating the proposed uses (dental, medical and government offices), within the current improvements on the site. 2. Condition 2 Access to all proposed lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one on proposed Lot 1 and 2 and the other on proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3 and would not straddle a lot line. The applicant is proposing to create easements and coventants related to the existing driveways that would straddle proposed lot lines once the short plat is recorded. As a condition of approval staff recommended the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. It is the applicant's contention that the Condition (2) is unwarranted because the application was predicated upon the recording of the appropriate easements. Staff does not concur. While the applicant submitted draft language for access easements there is no assurance that access easements would be recorded. The condition was seeking to assure the recording the draft easement language submitted by the applicant. It is also the applicant's contention that the language of the condition is unreasonably vague and ambiguous. Staff concurs the language of the condition could be better stated. Again the Condition was seeking the assure the recording of the draft easement language submitted by the applicant. Therefore staff recommends revising Condition 2 to read: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." Conclusions 1. Condition 1 has not been found to violate the applicant's vested rights to develop and use the subject property therefore the condition is upheld. 2. The language of the Condition 2 should be clarified and revised. Decision The approval for the Strada da Valle Short Plat, File No. LUA09-042, SHPL-A, is upheld and is modified to include the following condition: 1. Condition 2 shall be revised to read the following: "Prior to or concurrent with the recording of the short plat, the applicant shall record a declaration of joint use access easements across strips of land depicted and labeled on the proposed short plat as Joint use Driveway Easement Strips A, B, C and D. When the short Page 4 plat and the declaration are recorded, a request shall be made to the King County Recorder to cross reference the recording number of the short plat on the declaration." I hope that this clarifies the concerns raised in your letters. A new appeal period will commence upon issuance of this reconsideration letter. The new appeal period will be held open until June 30, 2009 at 5:00 p.m. Please let me know if this reconsideration letter satisfies some or all of the issues raised in your appeal request. If same or all of the issues are now resolved, and you do not wish to further pursue the appeal, please submit a letter to the City Clerk, withdrawing or revising your appeal request. If you wish to still pursue the entire appeal, please let the City know to begin processing your appeal. The appeal to the Hearing Examiner is tentatively scheduled for 9:00 am, Tuesday, July 21, 2009. As the City is already in receipt of your original appeal, it is not necessary to resubmit a new appeal. However, please note that you or a representative will be required to be present for your appeal. If you have any further questions, please contact the Project Manager, Rocale Timmons at (425) 430-7219. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Sincerely, C.E. "Chip" Vincent, Director Planning Division cc: Jennifer Henning, Current Planning Manager Rocale Timmons, Associate Planner Bonnie Walton, City Clerk Fred Kaufman, Hearing Examiner Ann Nielsen, City Attorney Office Owner/Applicant Parties of Record File LUA49-042, SHPL-A Exhibit 2 [A copy of the Tacoma -Pierce County Health Department "Short Plat Preliminary Subdivision Review Application" form dealing with water supply and sewage disposal issues (a form that was apparently part of or submitted contemporaneously with the Noble Manor short plat application submittal package filed with Pierce County) follows this page —yellow highlighting has been added to it for emphasis.] 1'arornii-P.lcFiCr�Cnurrrlt S P *i RT' PLAT lfsafrh_Ilr�arrmer+r Pt__LIMINARY SU13DIVISION REVIEW APPLICATION 3029Salh"D"8tltla9f312S Tacoma, WA 9840a (WS) $91.8470 SHORT PLAT (3 i5l DATE L+J ORIGINAL TRACT PARCEL' # 2 Q57 ?/_-2�0 Y/)f 5 ik/335E06 f LOCATION (COMMON ADDRESS) e3 oo-r ,ijznld2�h-_ 9 C PROPONENT , ✓PHONE NO. ADDRESS 01,01 :t..�. _ _ ZIP-2 f - OWNERfAGENT,ZQf - PHONE ADDRESS �rr0C L.1 �i ` _c��?f dzIP P.EdDES IGNERIR.S.ISOIL SCIENTIST_ Q Ma4e ., PHONE ADDRESS_ _ -- _. ZIP RE./DESIGNER/R.S.1SQtt_ SCIENTIST CERTIFICATION 0 - 'F THE PROPOSED SUBDIVISION IS ON BOTH A PUBLIC SEWER SYSTEM AND A PUBLIC WATER SUPPLY SYSTEM, PRO- W'EED TO THE NEXT SECTION AND ANSWER ONLY THE APPROPRIATE OUESTIONS. I. "''tuber of single family tots r•' .-. 9. Lot size density: By Method I ,_� i--1st-. ' A number of lots - � By Method II(check one; i. Total acreage If using Method 11, attach justification. t. Number of units per acre,T,' " 10. Is site located within Dept. of Ecology Basin 11 yes/nc i. Minimum lot size 11. Is site located within Shellfish Sensitive Area-AtQ.-yeslno. If i Minimum net lot size yes, specify area r-A,I,Ct - _ '. Minimum gross lot size 12. Parcel is . ,-is not_ ,within 300 feet of a public sewer, I. Number of multifamily residential lots -- _ -'" _ or within a ULID sewer area or sewer district. If yes, a sewer Total number of units—_. _ availability/non-avallabiiity letter Is required. Total number of bedrooms 13. Were soils logged by a Designer, Registered Sanitarian, Professional Engineer or Soil Scientist? _-LAM- yeslno. 'HE FOLLOWING INFORMATION MUST eE PROVIDED GCU WATER SUPPLY: Check & complete section A, O OR C Below (as appropriate) / { I� ;1 A. _Existing Public Water Supply Name_ 2, of t l f o �J Attach Certificate of Water Availability B. - _ New Public Water Supply Name Indicate well site on plot plan and attach completed source site application. C.--Individual _Individual SEWAGE DISPOSAL: Check & complete section A B or C below ;,;:.�* .. r A.^Existing Public Sewer Name l fZL. Cy':i 7Y'.;:j `i Y. Attach Sewer Availability Letter; (� l,0 � -73- J B. Individual On -Site Sewage Systems 1) Attach soil log descriptions (1 per lot or as required). 2) Are soils consistent throughout the plat? I yes/no. 3) Attach Preliminary Plot Plan (refer to checklist for requirements). 4) For Existing Homes with Individual On -Site Sewage Systems: Is the existing sewage system functional? yeslno. Explain — Is an adequate reserve area available? yes/no. Explain-._,_ _ Are setback requirements met?_—_yeslno. C. Com mu nityl Larger On -Site Sewage System Attach preliminary report. iereby certify that the 'in k mat!on r ivran in this annIiinn la '3 irkPA ar%rl onh.�-sin rnr......+..tn�:... .� .► ..:..:_ -_�a:� _ . -_ .L:_ Exhibit 3 [A copy of page 1 of the Pierce County Environmental Checklist' form that was part of the short plat application package that the Noble Manor developer filed with Pierce County follows this page —yellow highlighting has been added to it for emphasis.] 15& .3/14/20e8 00204 . ' Fpl;. COUNTY i , 4{` 'd~.r.: k L CHECKLIST Action: Receipt: Received by: Date: I. INTRODUCTION INFORMATION L Name of proposal (if applicable): Noble Manor Short Plat, 2. Proponent: Noble Manor. Pill Dodge or George Tiopyri a. Contact Person: PAC -TECH Grlgirteering. lac., Rod Eminons b. Address: 2601 South 35th - Suite 200. Tagging. WA 98409 C. Phone: (206) 4734491 c. 3. Description of proposal, including existing and ro osed u (There are several questions Iater in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers in thus section) The proposal is to subdivide n 4Z801_square foot parcel into three dpl2lcx sties. The parcel is Lot 1 of Short Plat No. 810922021E and is located in the SR91Potenthnl RML Zone. The site will be served by public; rozds and public sewers, 4. Location of Project: LW[yersity _lack Nearest Town or City: I~ircrest a. Parcel Number: 0220228005 Section: 22 - Township: r20 Range: 2 b. Address: 5607 Bridgeport Way West C. Adjacent land uses around the site: To the north are condominiums. to the east is the sinale-family subdivision called Fir Ridee. to [lie south its undeveloped residential land, to the west nre multiple family uses, .an -apt ct wrecking y;rrd and single-family development. d. Legal Description: See short plat. C. Current zoning or environment designation: S 9 L Potential Zone and Sul) Area 4 of Bridgeport Way Corridor PInn. f. Please attach a vicinity map showing nearby major streets. 5. Size of Project: a. Acreage: 0.98 b. Total square feet of building (include phases if applicable): 1.500 to 2,000 .square feet per unit. G. Do you have any plans for future additions, expansion or further activity related to or connected with this proposal? If yes, explain: There are no future additions beyond the proposed shorLplat. 7. Proposed tinting for compIction of [lie proposal (include phasing if applicable): 181 T, City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) NAME: Strada da Valle LLC ADDRESS: c/o Gary Merlino, Manager 9125 10th Avenue S. CITY: Seattle, WA ZIP: 98108 TELEPHONE NUMBER: (206) 762-9125 APPLICANT (if other than owner) NAME: Sarre as above COMPANY (if applicable): ADDRESS: CITY: ZIP' TELEPHONE NUMBER CONTACT PERSON NAME: David L. Halinen COMPANY (if applicable): Halinen Law Offices, P.S. ADDRESS: 1019 Regents Blvd, Suite 202 CITY: Fircrest, WA ZIP: 98466 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 443-4684 davidhalinen@halinenlaw.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Strada da Valle Short Plat PROJECTIADDRESS(S)ILOCATION AND ZIP CODE: 2400 East Valley Road Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 302305-9103-09 EXISTING LAND USE(S): General Office PROPOSED LAND USE(S): General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton.' EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Employment Area Valley (EAV) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): No change EXISTING ZONING: Commercial Arterial (CA) PROPOSED ZONING (if applicable): No change SITE AREA (in square feet): 243,427 SF +/- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED. 0 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,307 SF of Joint Use Driveway Easements PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA NUMBER OF PROPOSED LOTS (f applicable): 3 NUMBER OF NEW DWELLING UNITS (if applicable): NA * See Supplemental Page for additional text. 09107 Supplemental Page to Land Use Permit Master Application for the "Strada da Valle" Short Plat (Continuation of text from the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application's right-hand column is set forth below.) (Those proposed land uses set forth in the PROPOSED LAND USE(S) section on page 1 of the Land Use Master Permit Application are referred to herein as the "Proposed Land Uses".) An existing office building and associated outdoor parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Existing Office Development") already are situated on each of the three proposed lots. Consistent with RCW 58.17.033(1) and Noble Manor v. Pierce County, 133 Wn.2d 269; 943 P.2d 1378 (1997), the short plat proposal contemplates creation of each of the proposed lots for the following purposes: (1) Initially, utilization of the Existing Office Development on each of the proposed lots for one or more of the Proposed Land Uses; and (2) In the future, at such time(s) as the then -owner of each lot determines, redevelopment of each lot on a lot -by -lot basis for one or more of the Proposed Land Uses with one or more office building(s) and associated parking, walkway, landscaping, lighting, drainage, utility and related improvements (collectively, "Future Office Redevelopment"), with such redevelopment to be in accordance with the zoning and other land use control ordinances [including without limitation Title 4 of the Renton Municipal Code (Renton's Development Regulations)] in effect on the land on the date that the complete application for this short plat is submitted to the City. 6/22/09 City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:a& COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54,813 square feet LOCATION: 2300/240012500 E Valley Rea PROPOSED BLDG AREA(_gross) N/A RK ORDER NO: 78049 PLEAS ETURN THIS FORM & GRE N FOLDER TO THE PROJECT s PLA�" N R: ROCALE TIMMONS IN CURRENT PLANNING 6FLOOR SUMMARY OF P POSA The applican# is proposing to sub ide an existing parcel into 3 lots which contains an existing three building office develo ent a be retained_ The proposed to ould range in size from 10,335 square feet up to 27,723 square feet; each of the lots would c i one of the three existin mercial buildings. The subject property is located on the east side of East Valley Road just north of S ct site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road, An addendum to the existing SEPA Determination of Nan -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information !Necessary 1= arth Air Water Piants Lard/Shoreline Use Animals Environmental Health Energy/ Nalwai Resources B. POLICY -RELATED COMMENTS C. CODE-RELA TED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/CuRurat Preservation Airport Environment 10,000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional infornAtion is needed to properly assess this proposal. Signature of Director or Authorized S- 2b Date HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. 14alinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 Tacoma: (253) 627-6680 davidhalinen@ltalinenlaw.com Fircrest, Washington 98466-6037 Seattle: (206) 443-4684 Fax: (253)272-9876 May 18, 2009 0d�pPM� ��ING 'Iv OF City of Renton Department of Community and Economic Development Mg g gflg 1055 S. Grady Way, Sixth Floor D Renton, Washington 98057 F cL's V Attn: C. E. Vincent, Planning Director Re: My client Strada da Valle LLC's Request for Reconsideration of Conditions 1 and 2 of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Vincent: My client Strada da Valle LLC ("Strada") hereby requests reconsideration of conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09- 042, SHPL-A) that you issued as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. An appeal to the Hearing Examiner has also been filed to preserve Strada's appeal rights pending the outcome of this request for reconsideration. The particular reasoning for the request for reconsideration and the requested relief being sought by virtue of it is the same as the reasoning for the appeal and the requested relief sought in Strada's May 18, 2009 appeal letter to the Hearing Examiner, a copy of which accompanies this letter and is hereby incorporated by reference. Please let me know if you have any questions. Sincerely, HALINEN OFFIC S, F.S. Dav4Lalinen Enclosure cc: Strada da Valle LLC Attn: Gary Merlino (with copy of enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copy of enclosure) YAd\248810071Short Plat DecisionlAppeal to 1E1Rcqucst for Reconsideration Letter (5-18-09).doe HALINEN LAW OFFICES, P.S. A Professional Service Corporation David L. I Ialinen, P.E., Attorney at Law 1019 Regents Boulevard, Suite 202 4'acorna: (253) 627-6680 davidhalinen(&Jiaiineniaw.eom Fircrest, Washington 98466-6037 Seattle: (206) 443-4684 Fax: (253) 272-9876 May 18, 2009 CITY OF 1EN7ON q ol' m City of Renton Office of the Hearing Examiner MAY 19 2009 UW1 1055 S. Grady Way, Seventh Floor Ftec Renton, Washington 98057 CtrY CLEWS OFFICE Attn: Fred Kaufman, Hearing Examiner Re: My client Strada da Valle LLC's Appeal of portions of the Strada da Valle Short Plat Administrative Decision (LUA09-042, SHPL-A) dated May 5, 2009 Dear Mr. Examiner: My client Strada da Valle LLC ("Strada") hereby appeals conditions 1 and 2 of the May 5, 2009 Strada da Valle Short Plat administrative approval decision (LUA09-042, SHPL-A) made by Renton Planning Director C. E. Vincent as those conditions are set forth in the Administrative Short Plat Report & Decision concerning the proposed Strada da Valle Short Plat. (That approval decision is hereinafter referred to as the "Decision". A copy of the entire Administrative Short Plat Report & Decision is herewith enclosed. A check in the amount of $75.00 for the required appeal application filing fee has been submitted to the Renton City Clerk's office.) Strada, the short plat applicant and owner of the subject property, is aggrieved by approval conditions 1 and 2, which are set forth on page 7 of 8 of the Report & Decision. Strada would be adversely affected by those conditions if the relief sought in this appeal is not granted. Those conditions state: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. This appeal is made pursuant to RMC 4-7-070I (Appeal) within fourteen (14) days after the date of the Report & Decision. A copy of Strada's authorization and consent for the filing of this appeal is attached. '�lr•,� U 1 e.� , Sa ti V o- C u �[ r' r�, cc-, o - City of Renton Office of the Hearing Examiner Attn: Fred Kaufinan, Hearing Examiner May 18, 2009 Page 2 Note that on Strada's behalf, I Dave also submitted to the Planning Director a letter requesting reconsideration of conditions 1 and 2 of the Decision. Accordingly, please defer commencement of your review and processing of this appeal until the Planning Director has ruled on the request for reconsideration (or until I request otherwise). Errors and Requested Relief Concerning Condition 1 Errors Concerning Condition 1 In relation to the appeal review criteria set forth in RMC 4-8-11 0E.7 (Examiner Decision), condition 1 would prejudice the substantial rights of applicant -appellant Strada because (1) the imposition of that condition is in excess of the authority or jurisdiction of the agency, and/or (2) made upon unlawful procedure, and/or (3) affected by other error of law. As a matter of the statutory Iaw of the State of Washington, RCW 58.17.033(1) provides short subdivision applicants with certain rights that vest upon the filing of a fully completed application for short plat approval of the short subdivision. 1 Noble Manor Co., 133 Wn.2d 269, 943 P.2d 1378, (1997); Westside Business Park v. Pierce County, 100 Wn, App_ 599; 5 P.3d 713 (2000). In Noble Manor, the Washington Supreme Court ruled that RCW 58.17.033(1) not only vests the right of short subdivision applicants to divide their property but also vests the right of short subdivision applicants to develop and use their property under the land use and zoning laws in effect on the date of the application. Note that in the "PROPOSED LAND USE(S)" section under the "PROJECT INFORMATION" heading of the completed Land Use Permit Master Application that Strada submitted to the City as part of the application package for the proposed Strada da Valle Short Plat, Strada specified the following proposed use of the property: General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. ' RCW 58,17.033(1) states: A proposed division of land, as defined in RCW 58.17,020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other land use control ordinances, in effect on the land at the time a fully completed application for preliminary plat approval of the subdivision, or short plat approval of the short subdivision, has been submitted to the appropriate county, city, or town official_ City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 3 That specification of use is in beeping with the use specification approach that the majority opinion endorsed in Noble Manor at 133 Wn.2d 283-285, 943 P.2d 1385-1387. As the Noble Manor majority opinion states as 133 Wn.2d 285, 943 P.2d 1387: When an application is made for division of land for a specified use, then the applicant has the right to have that application for that use considered under the land use laws in effect on the date of the application. (Emphasis added.)Z Condition 1 would divest a portion of Strada's vested right to use and develop the subject property by requiring placement of a restrictive covenant on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of 2 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1388, the concurring opinion of Justice Talmadge states in footnote 10 as follows: The majority attempts to cure the statute's lack of a sunset provision by creating out of whole judicial cloth the following rule: the only rights that vest at the time of the short plat application under RCW 58.17.033 are the uses disclosed on the application. Majority op. at 283. The statute does not say as much, and there is no compelling logic for implying such a rule. The applicant need say nothing at all in the application about the intended use of the property after the short plat is granted. It is not this court's place to write laws for the Legislature. (Emphasis added_) Also, in Noble Manor at 133 Wn,2d 288-289, 943 P.2d 1388, the concurring opinion of Justice Sanders states in part: I concur in the result that this developer's short plat application vests the right to construct improvements as specified in the application. However, the majority goes beyond what is necessary to decide the case by suggesting, in dicta, " some uses not expressly identified in the application may not vest. I write separately to state it is imprudent to comment on an issue not necessary to decide the case, especially where neither party has briefed or raised it_ See Peterson v. Hagan, 56 Wn.2d 48, 53, 351 P.2d 127 (1960) ("[Gleneral expressions in every opinion are to be confined to the facts then before the court and are to be limited in their relation to the case then decided and to the points actually involved."). Such dicta are not controlling precedent. Footnote 11 connected with that statement from Justice Sanders' concurring opinion states: E.g., "Not all conceivable uses allowed by the laws in effect at the time of a short plat application are vested development rights of the applicant." Majority at 285. In view of the concurring opinions of Justice Talmadge and Justice Sanders in Noble Manor, Strada contends that, by virtue of the subject short subdivision application, it has vested rights to use and develop the subject property in accordance with any of the uses allowed under the zoning and other land use control ordinances in effect on the land on the date that Strada's short subdivision application was filed. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 4 building permit review. The City's Department of Community and Economic Development (on behalf of which the Planning Director issued the Decision) has no authority or jurisdiction to divest any portion of a vested right arising under RCW` 58.17.033(1). (No such authority or jurisdiction was cited in the Report & Decision.) Having been created as a matter of the statute law by the Washington Legislature, vested rights to develop and use short platted lots have an unlimited temporal scope and cannot be divested by a local government. As the Noble Manor majority opinion explains at 133 Wn.2d 282, 943 P.2d 1385: The County also argues that short subdivisions, which involve a simpler application process, should not enjoy longer vested rights than long subdivisions which involve a more complex approval process. This is a matter for the Legislature to decide. The Legislature did not divest a short plat's vested rights after five years as it had previously done with formal subdivisions [under RCW 58.17.1701. it may be that since short plats involve only small development of a few lots that the divesting provision was deemed unnecessary because of the relatively minor impact such developments would have. It is within the power of the Legislature to pass legislation which divests a short plat's vested right after some reasonable amount of time. However, such a statute has not been enacted, and we decline to do so by statutory construction when the "divesting" statute applies only to formal subdivisions. See RCW 58.17,170. (Emphasis added.) The Washington legislature still has not enacted a statute to divest a short plat's vested rights and has not delegated any powers to local governments to divest such rights. In view of the above, any procedure by which the Planning Director imposed condition 1 was unlawful for imposing that condition. Also in view of the above, the imposition of condition 1 was "affected by other error of law": namely, imposition of that condition violates Strada's vested rights under RCW 58.17.033(1) to develop and use the subject proposed lots. Requested Relief Concerning Condition 1 Because (a) the City's Department of Community & Economic Development has no authority or jurisdiction to divest a vested right arising under RCW 58.17.033(1), (b) any procedure by which the Planning Director imposed condition 1 was unlawful for purposes of imposing condition 1, and (c) imposition of that condition violates Strada's vested rights under RCW 58.17.033(1) to develop and use the subject proposed lots, Strada hereby requests that condition 1 be stricken in its entirety. 3 In Noble Manor at 133 Wn.2d 287, 943 P.2d 1387-88, the concurring opinion of Justice Talmadge states: The unlimited temporal scope of RCW 58.17.033 creates public policy concerns. Whereas subdivision approvals under RCW 58.17.170 last for only five years, no similar sunset provision for short plats appears in RCW 58.17.033. City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page S Errors and Requested Relief Concerning Condition 2 Errors Concerning Condition 2 In view of the application materials submitted, condition 2 is simply unwarranted because the application is predicated on certain proposed joint use driveway easements that fully encompass the two lot -line -straddling driveways that are perpendicular to and connect with East Valley Road. To put this into context, note the following features of the subject short plat application: (1) Two of the existing driveways stemming perpendicularly off of East Valley Road will straddle lot lines being created by the proposed short plat: namely, the Lot 1-Lot 2 common lot line and the Lot 2-Lot 3 common lot line. (2) In regard to those two driveways, Sheet 3 of 4 of the proposed short plat specifically delineates within "Detail A" and "Detail B" the precise locations of four strips of land that are labeled thereon as Joint Use Driveway Easement Strip A, Joint Use Driveway Easement Strip B, Joint Use Driveway Easement Strip C, and Joint Use Driveway Easement Strip D. (Joint Use Driveway Easement Strip A and Joint Use Driveway Easement Strip B relate to the existing driveway straddling the Lot 1-Lot 2 common lot line, while Joint Use Driveway Easement Strip C and Joint Use Driveway Easement Strip D relate to the existing driveway straddling the Lot 2-Lot 3 common lot line.) (3) Submitted as part of the short plat application package is a proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" instrument (which, as part of the application, Strada proposes to ultimately execute and have the City Clerk record with the King County Recorder immediately following the recording of the ultimately approved short plat). That instrument is the instrument that will declare "Joint Use Driveway Easement A," "Joint Use Driveway Easement B," "Joint Use Driveway Easement C," and "Joint Use Driveway Easement D" over each of the four corresponding strips of land. 4 Note also that the March 18, 2009 short plat application cover letter from me to the City, which listed all of the application materials that were submitted as part of the Strada da Valle Short Plat application, stated the following under listed submittal item (8): Four (4) copies of a proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" (to be ultimately executed and recorded immediately following the recording of the ultimately approved short plat) jLnd four (4) sets of a companion four -sheet, full-size Record of Survey of the property (which, among other things, depicts proposed easements that the I City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 6 (4) The following casement note appears on Sheet 3 of 4 directly to the left of "Detail A" and "Detail B": EASEMENT NOTE: JOINT USE DRIVEWAY EASEMENTS TO BE CREATED BY "DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND" RECORDED ALONG WITH THIS RECORD OF SURVEY UNDER KING COUNTY RECORDING NO. (Emphasis added.) With these features already embodied in the application, "approval of the Strada Short Plat" must mean approval with recording of the instrument declaring proposed Joint Use Driveway Easements A, B, C and D. Thus, no condition of approval is reasonably warranted to require recording of cross casements for all driveways that straddle a lot line. Aside from the fact that condition 2 is unwarranted in the context of the subject short plat application, Strada objects to condition 2 because it is unreasonably vague and ambiguous. Condition 2's text requires cross access easements for "all driveways that straddle a lot line". On its face, that phrasing does not make clear whether condition. 2 is intended to (a) merely require cross easements over the four casement strips set forth on Sheet 3 of 4 of the proposed short plat (which is what Strada's application proposes) or (b) also require cross easements over the internal parking lot driveways (driveways that parallel East Valley Road) with those driveways being construed as extending across the Lot 1-Lot 2 common lot line and across the Lot 2-Lot 3 common lot line (which is not what Strada's application proposes, which would be unacceptable to Strada, and which we presume from condition 2's language that the Planning Director did not intend but cannot know for sure). If the latter was intended, condition 2 would violate RCW 92.02.020. RCW 82.02.020 prohibits local governments from imposing taxes, fees, or charges, directly or indirectly, on the development, subdivision, classification, or reclassification of land except as specifically authorized by statute. Strict compliance with its terms is required. Under RCW 82.02.020, a tax, fee, or charge imposed directly or indirectly on land development is invalid unless it falls within a statutory exception. One exception to RCW 82.02.020's general prohibition is that local governments can impose conditions requiring easements within a proposed development or plat which the local government can demonstrate are reasonably necessary as a direct result of the proposed development or plat to which the easement is to apply. RCW 82.02.020 places the burden of proof of reasonable necessity on the local government. Citizens' Alliance for Property Rights v. Sims, 145 Wn, App. 649, 187 P.3d 786 Declaration of Easements, Covenants, and Agreement Running with the Land will create (to be ultimately executed and recorded immediately following the recording of the short plat and the recording of the Declaration); City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 7 (2008); Isla Verde International Holdings, Inc. v. City of Camas, 146 Wn.2d 740, 49 P.3d 867 (2002). For purposes of that exception to the statute's prohibition against the imposition of taxes, fees, or charges, directly or indirectly, on the development, subdivision, classification, or reclassification of land, a condition of approval requiring an easement does not satisfy this exception absent (1) a nexus between the proposed development and an identified public problem and (2) a rough proportionality between the required easement and the impact of the proposed development. Citizens' Alliance for Property Rights v. Sims, ibid. If cross easements over the internal parking lot driveways (the driveways that parallel East Valley Road) are intended by condition 2 to be required, such a requirement would violate RCW 82.02.020 because in relation thereto the City of Renton could not meet its burden of proof to demonstrate (1) a nexus between the proposed short subdivision and an identified public problem and (2) a rough proportionality between the required easement and the impact of the proposed development. Requested Relief Concerning Condition 2 Because condition 2 is unwarranted in view of the fact that the application as it was submitted was already predicated upon the recording of appropriate joint use driveway easements, Strada requests that condition 2 be stricken in its entirety. In lieu of striking condition 2 in its entirety, Strada would find the following revised formulation of condition 2 to be acceptable: Concurrent with (immediately following) the recording of the short plat, the applicant shall record a declaration of joint use access easements across the strips of land depicted and labeled on the proposed short plat as Joint Use Driveway Easement Strips A, B, C, and D. (The declaration may address other easements and matters relating to the subject property as well.) When the short plat and the declaration are recorded, a request shall be made to the King County Recorder to (a) cross-reference the recording number of the declaration on the short plat and (b) cross-reference the recording number of the short plat on the declaration. I hereby request that you provide me with copies of any letters or other materials that you issue (or that you receive from City staff or others) concerning this appeal. Sincerely, HALINEN LA OFFIC S, P.S. 4HalcDavid L City of Renton Office of the Hearing Examiner Attn: Fred Kaufman, Hearing Examiner May 18, 2009 Page 8 Attachment and Enclosure cc: Strada da Valle LLC Attn: Gary Merlino (with copies of attachment and enclosure) C. E. Vincent, City of Renton Planning Director (with copies of attachment and enclosure) Rocale Timmons, Associate Planner, City of Renton Department of Community and Economic Development (with copies of attachment and enclosure) YAcM48810071Short Plat DecisionlAppeal to 14EAAppeal Letter (5-18-09).doc Andadmtba rfmd Can in wflb Appeal Mmda ALValle UA a VkdhW=5mbd 56'dity aomp oy rgkmk'k do SEto& da Va% Slant Pd qgffcmL afgom' x 20M S1dc & Vmft S Pbt ' ' (I UA SOMA) an Shah'% kireif s:�d Sam #tt� Ili, �.40� 1. ids fiam$im�'e � � I.. � fts d�e8a■�Hts�OiaaE. srRAVADAVALLItLLC �J• VAMI Ddixk kft It SHORT PLA T REPOR T & DECISION RECEIVED City at Renton — ��009 Department of Community & Economic Development HALINEN LAW OFFICEO, P.S. ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: May 5, 2009 Project Name: Strade da Valle Short Plat OwnerlApplican Gary Merlino; Strada da Valle LLC; 9123 10"' Ave S, Seattle, WA 98108 Contact: David L. Halinen; Halinen Law Offices, P.S.; 1019 Regents Blvd Ste #202, Fircrest, WA 98466 File Number: LUA09-042, SHPL-A Project Manager: Rocale Timmons, Associate Planner Project Suninxary: The applicant is proposing to subdivide an existing parcel into 3 tots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing couvnntercial buildings following the subdivision of the parcel. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5,59 acres in area and is zoned Commercial Material (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. The site is also located within a seismic hazard area. An addendum to (lie existing SFPA Determination ofNOD -Significance-Mitigated, issued for the construction ofthe office development (1CF-053-87), is also being requested in order to recognize the proposed tot lines. Project Location: 2300/2400/2500 East Valley Road MIPL-A Report City of Renton Department ofCommanity ci Economic Deijelopment Admini.soviive Short Plat Report & Decision ST,RADA DA VALL.E SHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 Page 2 of 8 B. EXHIBITS: Exhibit 1: Zoning and Ncighborhood Detail Map Exhibit 2: Overall Plat Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum C. GENERAL INFORMATION: 1. Owner(s) of Record: Gary Merlino Strada da Valle LLC 9125 10`' Ave S Seattle, WA 98108 2. Zoning Designation: Convnercial Arterial (CA) 3. Comprehensive Plan Land Use Designation: Employment Area Valley (EAV) 4. Existing Site Use: 3 General Office Buildings S. Neighborhood Characteristics: North: Vacant (CA zone) East, SR 167 South: Lumber Market- StoragelWarehouse (CA zone) West: Valley Distribution -Warehouse (IL zone) 6. Access: Access for the proposed lots would be provided via existing driveways along Fast Valley Road. 7. Site Area: 243,427 square feet (5.588 ac) D. HISTORICAUBA CKGROUND_ Action Land Use File No. Ordinance No. Date Comprehensive Plan NIA 4924 12/5/2001 Zoning NIA 5099 11/1/2004 Annexation NIA 1743 4/ 15/ 1959 Site Plan Review I LUA87-058 N/A 11 /23/1987 Environmental Review E. PUBLIC SERVICES: 1. Utilities a. Water: There is a 1 b-inch water main within East Valley Road- b. Sewer: There is an 8-inch sewer main within East Valley Road. c. Surface/Storm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SILPL-A Report City of Renton Department of Couuntoiity & Economic Uei-elopnient Aclniinistrative Short Plot Report & Decision STRADA DA VALLE SHORT PLAT L UA09-042, S11PL-A Report of May 5, 2009 Page 3 of 8 [F7.APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b, Section 4-2-070: Zoning Use Table c. Section 4-2-120: Cotruuercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing Land Use and Plan — General Requirements and Minimum Standards c. Section 4-7-150: Streets — General Requirements and Minimum Standards d. Section 4-7-180: Industrial and Conunercial Blocks and Lots — General Requirements and Minimum Standards S. Chapter 4 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: H. DEPARTMENT ANALYSIS: 1. ProiectDescrintion/Bacicground The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel-, zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 271h Street. The site contains three existing one-story buildings along with associated parking, landscaping, storrnwater conveyances and utilities; all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 net square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious; however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees are planned to removed or planted as part of the proposed short plat. The site is located in scismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEPA is not required for the short plat. However, an addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office SHPL A Report City of Renton Deportment of'Cowniunhy & Ecoiwnric Development Jdininistralivo ,5lsort Plat Report & Decision STRADA DA VALLESHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 — — - — Page 4 of 8 dcvelopment (ECF-053-87), is also being requested in order to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives frorn various city departments have reviewed the application materials to identify and address issues raised by the proposed development. 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 Departmental Recommendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (FAV) on [lie Comprehensive Plan Land Use Map. Lands in the EAV designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities_ The proposal is consistent with the following Comprehensive Plan land Use policy: Objective LU-HHH: Provide for a mix of employment -based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. ,,' Policy Objective Met ❑ Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: The minimum lot size permitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requircn-lents for minimum lot size. Setbacks: The required setbacks in the CA zone are as follows: minimum front yard setback is 10 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non -conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Building Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on -site parking garage. Parking is not located within a stricture therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all tots meet the requirements for maximum building lot coverage. SHPL-A Report City of Renton Drrparlmew of Community, & Economic Development Admini,stralive Short Plot Repot? & Decision S7RADA DA 11ALLE SHOAT PLAT L UA09-042, SHPL-A Report of May 5, 2009 Page S of $ Parkin : The number- of parking spaces for general office uses within the Commercial Arterial zone is limited to a minimum of 3 spaces per 1,000 feet of net flour area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot excecds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non -conformity no variance or modification approval is required. TABLE A Standards Lot 1 Lot 2 Lot 3 Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF 52,045 Net SF) (54,855 Net SF) (133,220 Net SF Building Footprint 10,355 SF 15,720 SF 27,723 SF Max. Bldg. Lot 20 % 28% 21 % Coverage Max: 65% Parking Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1,000 SF Parking Stalls 48 76 172 Provided Front Yard Setback Min: 10 feet 61.9 feet 124 feet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an unproved public right-of-way along the frontage of East Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot I SHPL-A Report City of Renton Deporonew of Commusaity & Economic Dei,elopmew Administrative Short Plat Report & Decision STRAPA DA VALLE SHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 Page 6 of 8 and 2 and the other between proposed Lot 2 and 3. The other two driveways are located on proposed Lot 1 and 3- The applicmit is proposing to create easements and eoventants related to the existing driveways that straddle proposed lot lines_ Staff recoirunends, as a condition of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: The topography of the site is relatively flat with an average slope of approximately 2 percent. No filling or grading is being proposed as part of the short plat. Relationship to Existing Uses: The surrounding properties are designated either CA or IL on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment - based uses, including con-nnercial, office, and industrial development to support the economic development of the City of Renton. J9 Availability and Impact on Public Services (Timeliness) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being matte to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storm Water: Currently runoff from the existing collects in an onsite stormwater conveyance system that drains into existing on -site stormwater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained stormwater from the site discharges into an existing City storm drain abutting Bast Valley Road. No changes to the existing stormwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. There is a 16- inch water main within the existing roadway (East Valley Road.). There is an 8-inch sewer main within East Valley Road_ No improvements to the water and sewer are necessary as there are no changes to site proposed as part of the short plat. 1. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: I. Application; The applicant's short plat application complies with the requirements for information for short plat review, The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA), and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-.4 Report City of Renton Department of Community & Economic Development Administrative Short Plot Report & Decision STRADA DA VALLE SHORT PLAT' L UA09-042, SHPL -A Report of May 5, 2009 Page 7 of 8 J. CONCL USIONS: 1. The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation. 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval- 3, The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. LK—DECISION: The Strada da Valle Short Plat, Pile No. LUA09-042, SHPL-A, is approved subject to the following conditions: 1. A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval. 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: t C.E. Vincent, Planning Director TRANSMITTED this 5" day of'May, 2009 to the Owner/ApplicantlContact: AppticanflOwner: Gary Merlino Strada da Valle LLC 9125 10 Ave S Seattle, WA Contact: David I.. Halinen Halinen Law Offices, P.S. 1019 Regents Blvd Ste #202 Pircrest, WA 98466 TRANSMITTED this 5`� day of May, 2009 to the Party (ies) of Record: No Parties of Record TRANSMITTED this 5"' day of May, 2009 to the following_ Larry Meckling, Building Official Fire Marshal Nei! Watts, Development Services Director 0 Decision Date SHPL-A Report City of Renton Department of Community & Economic Development Admit:istrative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 Page 8 of 8 Jennifer Henning, Planning Manager Kayren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Land Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall -- 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISOR YNO TES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review - Sewer: No Comments Plan Review — Water: No Comments Plan Review — Surface Water: No Comments Plan Review — StreetlTrans ortation: No Comments SHPL-A Report PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: April 23, 2009 TO: Rocale Timmons FROM: Bob Mac Onie tl SUBJECT: Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant reording the preliminaryshort hort plat submittal: City of Renton Mon #1160 is erroneously noted at bath the N'/a corner of Section 30 and the S 'A corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N'/. corner of said Section 30. There is no horizontal control monument at said S '/4 corner. Information needed for final short plat approval includes the following: Note the City of Renton laud use action number and land record number, LUA-09-042-SIIPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S %4 corner of Section 30 is incorrect — the tie is not Control Point ] 160. Said Control Point 1160 is already noted at the N'/4 corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. %H:IFile 5ys1LND - Land Subdivision & Surveying Records\LND-20 - Short PiutsI05421RV090423_doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDfNG SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS-, "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet 1 of 4. Do note encroachments. The City of Renton Administrator Department of Public Works, is the only city official who sighs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time of recording., need to sign the final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet I of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT. - The owners of the land embraced within this shortplat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future 14AFile SyaU-ND - Land Subdivision & Surveying RecordslLND-20 - Shur! Plats105421RV090423.doclmsoffice April 23, 2009 Page 3 purchasers of the lots, or of any .subdivisions thereof. This covenant shall run with the land as shown on this short plat. Comments for the Proiect Manager. Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. HAFiie Sys1LND - Land Subdivision & Surveying €2ecordslLND-20 - Short P1ats10S421RV090423.docVnsoffiee G3 - 19 T23N R5E E 1/2 R 9 .,.. I R-8 R.6 R-8 uk R-8 .-- 3 29/d St $ 2a4 SW lard 8t s IL R-8 R-8 R,8 E �. ---- i I17 Rg . I g \ R-1 iJ] - - 697n1 t�la i Rom---l— ri Bi n _ 9 ., CA I , S,3m91 I R$ IH *fit-1G R-10 f R-lb ` _ R•8 R-B f a 1M .- BRei 9I - co R-O ---I i- g co GO s q- I I Rl" I i R. I .. 13 - 31 T23N R5E E U2 Y O� � + ZONING o soa aoo t PW TECIUgCALSERVICES Feel �'NTa 07/15/08 1:000 EXHIBIT 1 1� Row UNE R * � 3 H N 0$'Lgta r7 6.15' w r now L'Nr Ex. BUILDING 5 � $ £X. BUIIDWG C � o � 8 I 441.78' °`dim N m �r TL 30P303- 90W N89'58'08'W 78.93' LOT LOT 2 LOT 3 En } l Row LINE g 01'49 52 W 0' — 290-39' 495.93 NOW wr . — . 41 11 W— — — stI STW _ — — _ — — — EAST VALLEY ROAD l31e.av4c) WEST LNE NW — — — _ _ NE II4. SEOWN 30 RON tINIERLINE EAST PALLET N . LEGEND TTTAL UW2 243,427 56J'T. (S,SRLL3 ACRES) R,TE ZONING COWERPAL ARIE]EAL (CA) FROPOSM LOT ARE FCOTAC.ES CLOT / 0 AREA IN USE DRIVEWAY EAS[AIEN15 N AREA OSS AREA MNT USE OR AYDrM LOT 1 S 545 SCLFT. AOO SOFT, SLO4 SOFT. LD'T 2 36. SO.- ,. S6 FT. 54,A35 SC1T. LOT 3 114.074 SO.ET. 854 SO.F7. 533.22p SO.FE. PARION0 STALL COUKT ANALYSIS LOT I LOT 2 LOT 3 E%Si91G USE OF FE:A^111N5 ON PAOPOSED L07 pFFI7 DETTCE E]QSTINO NET FLOOR —A OF Rundwc 10,335 U1'{ 15'ICE M SDF` 27,7LT SO.FT. f mSMNc STALL 00UNT cppr RW7 5 1 NM ALL% N/A N/A E74ST919 STALL CMIUNT 42 CODE REAL M/A N/A EXMT1. STALL Og1XT to DOM REDL N/A N/A STANDARD 47 COMPACT 0 6 1 15 29 C 27 107 O S3 XANpIOAPPEO 1 2 N/A s R/A 4 S N/A TOTAL H st 49 76 it 71 173 A3 125 NET FLOoR AREA PRCTn m RY M PRAPOLTY pt•Q1 �ROw JNE KT" G~i -Ti< N 7 C4 Ln OVERALL PLAT PLAN �� I 6-4 ee BUILDING SETBACKS FOR COMMERCIAL AitTERKAt ZONE 0A W*WUM FRONT YARD 10 ET.• Nl76N.W FREEWAY 1O FT, FRONTAGE SETBACK WIRINJX REAR YAWL NDNC N9ry,IR4 sm YARD NONE 'ROTC PER RNC 4-2-13AA THE N NINUY FRONT YARD Si', WCN NAY SE FEW= TO O ET. TNRCIUON bP W STE PLAN OLY1YENT AMW PRpCSs PROWDED DIA14c WALLS ARE NOT LOCATED RTD11N rlE RED.= SETBACK S'♦TE CALCULAMN4s PN![ENTAGE or LOT COVERED P E)QSnM EAlRLWOS AND STRumRES LOT T 2ON LOT 2 2m LOT 3 21% PAR[NpIT AND LAM4 m ARCAR LOT I PAVELEXT LANDSCAPE LOT 1 22,00C SF 1S,4D0 SF LOT 2 27,900 SF 13AS9 SF LOT 3 DAUM Sr 29-UD 9 PROPERTY ONNER: 57RADA GA VALLE LLC 112.5-10TH AVENUE SOUTH SEATTLE. WA 98109 LAND SURVEYOR; BUSH, ROED & WTCHINGS, INC. 2009 MINOR AVENEUE EAST SEATTLE. WA 98102 BUSH, REED & HITCHtNGS, INC. CPAL FNGINEERS 3Q LAND SURVEYORS ��Wpppp un10R AVMu[ EqT (19A 935-0509 bE. hLl RASNV& _ DEVELOFME NW P CM OF RAN = x MAR 18 ; Lu R ECEIV PORROR O7 NWTTB►iIIC QUAMM OF = xo1TTETE. m Qvmm OF BCCRON so. TOMNSB@ Es MOM BAN17, 5 8A3f, W.M. cm oY RENTOx SOMT PI.Il7 NO. S'IRADA DA VALLE SHORT 2400 EAST VALLEY ROAD, RENTON. WA TAX LOT 302305-9103-09 DRAWN BY RHT i DATE' 03-03-09 1.103 N 2008105.00 --- Renton City Limits Parcels Renton Aerial SCALE 1 : 2,940 Renton 200 0 200 400 600 FEET EXHIBIT 3 a http://rentonnet.org/MapGuide/maps/Parce1.mwf Tuesday, April 28, 2009 8:29 AM CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON -SIGNIFICANCE — MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non -Significance — Mitigated DNS-M (ECF 053-087) Date of Addendum: May 4, 2009 Date of Original Issuance of SEPA Threshold Determination: September 14, 1987 Proponent: Strada da Valle LLC _._ Application File: ECF 053-087 and SA 058-087 Project Name: Renton Campus Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single -story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single -story office building of 32,120 square feet as part of Phase 11 of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27th Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non -Significance — Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements, A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development, Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Q Gregg Zimmeryhah, Admi ' traior DATE Department of Public Vlorks Terry Higashiyama, Administrator DATE Community Services Department 05/ CAL' I. David Daniels, Administrator Department of Community & Economic Development DATE y CITY OF RENTON City Clerk Division 1055 South Grady Way ivol Renton, WA 98057 425-430-6510 Receipt 1383 'C Date 0 Cash 0 Copy Fee 0 Notary Service [� Check No.—( 0. Appeal Fee 11 Description: LUA Funds Received From: Name fi Address City/Zips r Amount $ —) C U'6 City CITY OF RENTON ADDENDUM TO ENVIRONMENTAL. DETERMINATION OF NON -SIGNIFICANCE — MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non -Significance — Mitigated DNS-M (ECF 053-087) Date of Addendum: May 4, 2009 Date of Original Issuance of SEPA Threshold Determination: September 14, 1987 Proponent: Strada da Valle LLC Application File: ECF 053-087 and SA 058-087 Project Name: Renton Campus Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single -story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single -story office building of 32,120 square feet as part of Phase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27tt' Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non -Significance — Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would like additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: A—Iller#q Gregg ZimmerAaA, A Department of Public 5/c)q 10 C/ Terry Higashiyama, Administrator Community Services Department O5/0* ! `I. David Daniels, Administrator Fire & Emergency Ser[y cak DATE DATE DATE Ales( Pietsch, Administrator I - V DATE Department of Community & Economic Development SHORT PLAT City of Renton REPORT & Department of Community & Economic Development DECISION ADMINISTRATIVE SHORT PLAT REPORT & DECISION A. SUMMARYAND PURPOSE OF REQUEST REPORT DATE: May 5, 2009 Project Name: Strade da Valle Short Plat OwnerlAl2plicant: Gary Merlino; Strada da Valle LLC; 9125 10"` Ave S, Seattle, WA 98108 Contact_ David L. Halinen; Halinen Law Offices, P.S.; 1019 Regents Blvd Ste #202, Fircrest, WA 98466 File Number-: LUA09-042, SHPL-A Project Manager: Rocale Timmons, Associate Planner Project Sutnmarv: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet, - each of the lots would contain one of the three existing commercial buildings following the subdivision of the parcel. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. The site is also located within a seismic hazard area. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. Project Location: 2300/2400/2500 East Valley Road S11PL-A Report Citi- of Renton Dcpaf'o?wnt of Com fitr d Economic Dcrelopniew Adn.—,strattrc Short Pita Rcport c& Deci,sion STR,4DA DA G7z4LLE SHORT PI-4 T LUA09-042, SHPL-/1 Report of May S, 2009 - - Pace 2 of 8 B. EXHIBITS: Exhibit 1: 'Zoning and Neighborhood Detail Map Exhibit 2: Overall Plat .Plan Exhibit 3: Aerial Photo Exhibit 4: SEPA Addendum C. GENERAL INFORMATION. 1. Owner(s) of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use: 5. Neighborhood Characteristics Gary Merlino Strada da Valle LLC 9125 10"' Ave S Seattle, WA 98108 Commercial Arterial (CA) Employment Area Valley (EAV) 3 General Office Buildings North: Vacant (CA zone) East.' SR 167 South: LuntberMarket-Storagelk)Varehouse(CA zone) West: Valley Distribution -Warehouse (IL zone) b. Access: Access for the proposed lots would be provided via existing driveways along East Valley Road. 7. Site Area: 243,427 square feet (5.588 ac) D. HIS TORICALIBA CKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan NIA 4924 12/5/2001 Zoning NIA 5099 1 1 / 1 /2004 Annexation N/.A 1743 4/15/1959 Site Plan Review / LUA87-058 N/A 11/23/1987 Environmental Review E. PUBLIC SERVICES: 1. Utilities a. Water: There is a 16-inch water main within East Valley Road. b. Sewer: There is an 8-inch sewer main within East Valley Road. c. Surface/Storm Water: There exist storm water conveyance systems within East Valley Road. 2. Streets: There is currently a paved and improved public right-of-way along the frontage of the site. 3. Fire Protection: City of Renton Fire Department SHPL-A Report Citr of Renion Depai-imcni of Coma . ty & Economic Dcrclopmenl :1rlrau_�,..�rcrtirc� Shore Plat Report & Deci.�ion STRAD_9 DA VALLESHORT PLAT L1L409-012, SHPL-A Report of May 5, 2009 11awc 3 of 8 F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b, Section 4-2-070: Zoning Use Table c. Section 4-2-120: Commercial Development Standards 2. Chapter 4 Property Development Standards a. Section 4-4-030: Development Guidelines and Regulations 3. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 4. Chapter 7 Subdivision Regulations a. Section 4-7-070: Detailed Procedures for Short Subdivisions b. Section 4-7-120: Compatibility with Existing band Use and Plan — General Requirements and Minimum Standards c_ Section 4-7-150. Streets — General Requirements anti Minimum Standards d. Section 4-7-1 SO: Industrial and Commercial Blocks and Lots General Requirements and Minimum Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element: 2. Community Design Element: H. DEPARTMENT ANALYSIS: 1. Project Description[Backeround The applicant has requested preliminary short plat approval for a 3 lot short plat on a 5.588-acre (243,427 SF) parcel-, zoned Commercial Arterial (CA). The property is located on the east side of East Valley Road just north of SW 27th Street. The site contains three existing one-story buildings along with associated parking, landscaping, stormwater conveyances and utilities, all to remain following the recording of the short plat. There will be one building located on each of the proposed lots. Proposed lot sizes are as follows: Lot 1: 52,845 square feet (52,045 net square feet) Lot 2: 56,508 square feet (54,855 nct square feet) Lot 3: 134,074 square feet (133,220 net square feet) Access to all lots would be gained via four existing driveways extended from East Valley Road. The topography of the site is relatively flat with an average slope of approximately 2 percent. The site is mostly impervious-, however it is vegetated with grass and shrubs, as well as street trees, within landscape strips. No trees arc planned to removed or planted as part of the proposed short plat. The site is located in seismic a hazard area. 2. Environmental Review Short plats are exempt from Environmental (SEPA) Review, unless critical areas are present or the project exceeds an exemption level contained in WAC 197-11-800 Categorical Exemptions. There are no critical areas on site therefore SEPA is not required for the short plat. However, an addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office SHPL-A Report C'itr' of Rcww2 Dcpai-Imcnt of Com; . itl- & Economic Derclopment Alnr_....trcabv Shorl Plat Repor! & Decision STR.�tDA DA VALLE SHORT PLAT LUA09-042, SHPL-A Report cif' klay 5. 2009 Page 4 of S development (FICh-053-87), is also being requested in order- to recognize the proposed lot lines. The addendum was issued on May 4, 2009 (See Exhibit 4). 3. Compliance with ERC Conditions Not Applicable 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the continents has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 5. Consistency with Short Plat Criteria Approval of a short plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Designation The site is designated Employment Area Valley (EAV) on the Comprehensive Plan Land Use Map. Lands in the EAV designation are intended to allow the gradual transition of the Valley from traditional industrial and warehousing uses to more intensive retail service and office activities_ The proposal is consistent with the following Comprehensive Plan Land Use policy: Objective LU-HHH: Provide,for a mix of employment -based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. V Policy Objective Met ❑ Not Met b) Compliance with the Underlying Zoning Designation The subject site is designated CA on the City of Renton Zoning Map. Lot Dimensions: The minimum lot size permitted in the CA zone is 25,000 square feet. There are no minimum lot width or depth requirements. As demonstrated in the table below (Table A), all lots meet the requirements for minimum lot size. Setbacks: The required setbacks in the CA zone arc as follows: minimum front yard setback is 10 feet; maximum front yard setback is 15 feet; there are no side or rear yard setbacks unless the site abuts a residential zoned property. The site does not abut a residential zoned property therefore there are no required rear or side yard setbacks. As demonstrated in the table below (Table A), the existing buildings do not comply with the maximum front yard setbacks. However, as the situation is already existing and the recording of the short plat would not increase the non -conformity of the structures a variance is not necessary. The structures would be allowed to remain without alteration. Staff recommends that a restrictive covenant be placed on all lots; stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording. Buildinu Standards: The allowed building lot coverage in the CA zone is 65 percent of total lot area or 75% if parking is provided within the building or within an on -site parking garage. Parking is not located within a structure therefore the maximum building coverage would be 65 percent. As demonstrated in the table below (Table A), all lots meet the requirements for maximum building lot coverage. SHPL_A Report Cite o/ Rc�rrlorr Del�rrr7rue°t7t n/ Corrtr�7. _}, cS� rJcnrtontic Del°elnprrtr°rrt STR,,1D;1 D.A VALLESHORTPLAT Report of May 5. 2009 rWnrir.. , afire Short Plat Rcporl & Decision L Uf109-042, SHPL-A Page 5of8 Paulo The number of parking spaces for general office Uses witliin the Commercial Arterial zone k limited to a ininimum of 3 spaces per 1,000 feet of net floor area and a maxitnum of 4.5 parking spaces per 1,000 square feet of net floor area. As demonstrated in the table below (Table A) the number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non -conformity no variance or modification approval is required. TABLE A Lot 1 Lot 2 Lot 3 Standards Lot Size 52,845 SF 56,508 SF 134,074 SF Min: 25,000 SF (52,045 Net SF) (54,855 Net SF) (133,220 Net SF) Building 10,355 SF 15,720 SF 27,723 SF Footprint Max. Bldg. Lot Coverage 20 % 28% 21 % Max: 65% Parkin Stalls Required Min: 31 stalls Min: 47 stalls Min: 83 stalls Min: 3/1,000 SF Max: 47 stalls Max: 71 stalls Max: 124 stalls Max: 4.5/1,000 SF Parking Stalls Provided 48 76 172 Front Yard Setback Min: 10 feet 61.9 feet 124 feet 86 feet Max: 15 feet c) Community Assets The site contains existing mature vegetation and landscaping. No trees are planned to removed or planted as part of the proposed short plat. As all improvements, including landscaping, exists on site and are not planned to be modified a conceptual landscape plan and analysis was waived. d) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. There is currently an improved public right-of-way along the frontage of Fast Valley Road. The proposed short plat is not anticipated to generate additional traffic on the City's street system as no physical changes are being made to the site. Therefore a Transportation Mitigation Fee will not be applied to the project. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The proposed lots are rectangular in shape and are oriented towards East Valley Road. The shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the CA zone. All three lots have side lot lines at right angles to East Valley Road. e) Reasonableness of Proposed Boundaries Access: Access to all lots would be gained via four existing driveways extended from East Valley Road. Two of the four driveways straddle proposed common lot lines; one between proposed Lot 1 SHPL-rt Report City rr/'Renion Department ofCom iitr & Economic Dcrclopnwnt Adni-__,aralil'e ,5hot't Plat Report & Dccision STRADA DA I1.ALLES11ORT PLAT LUA09-042, SHPL-11 Retort of Mav �, 2009 Page 6 of and 2 and the other between proposed l.ot 2 and 3. The other two driveways are located on proposed Lot l and 3. The applicant is proposing to create casements and coventants related to the existing driveways that straddle proposed lot lines. Staff recommends, as a condition of approval, the applicant be required to record access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. Topography: The topography of the site is relatively flat with an average slope of approximately 2 percent. No tilling or grading is being proposed as part of the short plat_ Relationship to Existing Uses: The surrounding properties are designated either CA or 1L on the City's zoning map. The proposal is similar to existing development patterns in the area and is consistent with the Comprehensive Plan and Zoning Code, which encourage a mix of employment - based uses, including commercial, office, and industrial development to support the economic development of the City of Renton. f} Availability and Impact on Public Services (Timeliness) Police and Fire: The proposed short plat is not anticipated to generate additional impacts to the Fire and Police Departments as no physical changes are being made to the site. Therefore a Fire Mitigation Fee will not be applied to the project. Storms Water: Currently runoff from the existing collects in an onsite stormwater conveyance systein that drains into existing on -site stormwater facilities that include a pond near the site's south edge and various underground storm drain pipes. Detained stormwater from the site discharges into an existing City storm drain abutting East Valley Road. No changes to the existing stormwater conveyance or detention systems are proposed in conjunction with the proposed short plat. Sewer & Water: The site is served by the City of Renton Water and Sewer systems. "There is a 16- ineh water main within the existing roadway (East Valley Road.). There is an 8-inch sewer main within East Valley Road. No improvements to the water and sewer are necessary as there are no changes to site proposed as part of the short plat. !. FINDINGS: Having reviewed the written record in the matter, the City now enters the following: 1. Application: The applicant's short plat application complies with the requirements for information for short plat review. The applicant's short plat plan and other project drawings are contained within the official land use file. 2. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designation of the Employment Area Valley (EAV) land use designation. 3. Zoning: The proposal as presented complies with the zoning requirements and development standards of the CA zoning designation, provided all advisory notes and conditions of approval are complied with. 4. Subdivision Regulations: The proposal complies with the requirements established by the City's Subdivision Regulations provided all advisory notes and conditions are complied with. 5. Existing Land Uses: The short plat is consistent with development and uses surrounding the subject site, including: North: Vacant (zoned CA); East: SR 167; South: Storage Warehouse (zoned CA); and West: Warehouse (zoned IL). 6. System Development Charges: Water Development Charges and a Sewer System Development Charges, are not required for the proposal. SHPL-.4 Report Cite nfRenlon Department of Conr fits° & Economic Develolmrcnt Aclnr._,_stratire Short Plat Report & Decision STRADA DA t'ALLE SHORT PLAT LU.A09-0d2, SHPL-A Report of May 51 2009 - _ - Pate 7 of R J. CONCLUSIONS: The subject site is located in the Employment Area Valley comprehensive plan designation and complies with the goals and policies established with this designation_ 2. The subject site is located in the CA zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval. The proposed three lot short plat complies with the subdivision regulations as established by City Code and state law provided all advisory notes and conditions are complied with. 4. The proposed three lot short plat complies with the street standards as established by City Code, provided the project complies with all advisory notes and conditions of approval contained herein. 11 K. DECISION: The Strada da Valle Short Plat, File No. LUA09-042, SI iPL-A, is approved subject to the following conditions: A restrictive covenant shall be placed on all lots stating that in the event the existing structures are destroyed, removed or demolished, the construction of new structures shall comply with all development standards of the underlying zoning designation at the time of building permit review. This restrictive covenant would need to be recorded with King County prior to or concurrent with short plat recording and is subject to City Attorney approval- 2. The applicant shall be required to record cross access easements for all driveways that straddle a lot line prior to or concurrent with the recording of the short plat. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: t C.E. Vincent, Planning Director TRANSMITTED this 5`r' day gfMcry. 2009 to the OwnerlApplicant/Contact: ApplicantlOpmer., Gary Merlino Strada da Valle LLC 9125 10,h Ave S Seattle. WA Contact: David L. Halinen Flalinen Law Offices, P.S. 1019 Regents Bled Ste 9202 Fircrest, WA 98466 TRANSWI I ED this 5`' day of Wqy,, 2009 to the Pcrrty (ies) of Record: No Parties of Record TRANSMITTED this 5`' day of May, 2009 to the following: Larr_1, Heckling, Building Official Fire Marshal Neil Walls, Developmen t Services Director Decision Date SHPL-A Report City of Renton Department of Com ty & Economic Development Adm •ative Short Plat Report & Decision STRADA DA VALLE SHORT PLAT LUA09-042, SHPL-A Report of May 5, 2009 Page 8 of 8 Jennifer Henning, Planning Manager Kavren Kittrick, Development Services Jan Conklin, Development Services Carrie Olson, Development Services Renton Reporter Laud Use Action Appeals & Request for Reconsideration The administrative land use decision will become final if the decision is not appealed within 14days of the effective date of decision. RECONSIDERATION: Within 14 days of the effective date of decision, any party may request that a decision on a short plat be reopened by the Administrator (Decision -maker). The Administrator (Decision -maker) may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator (Decision -maker) finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal timeframe. APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on May 19, 2009. An appeal of the decision must be filed within the 14- day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's office, Renton City Hall — 7th Floor, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. EXPIRATION DATE: The short plat approval will expire two (2) years from the date of decision. An extension may be requested pursuant to RMC 4-7-070.M. ADVISORY NOTES TO APPLICANT The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions. Planning: No Comments Property Services: See attached. Fire: No Comments Plan Review - Sewer: No Comments Plan Review — Water: No Continents Plan Review — Surface Water: No Comments Plan Review — Street/Transportation: No Comments SHPL-A Report PUBLIC WORKS DEPARTMENT M E M Q R A N D U M DATE: April 23, 2009 TO: Rocale Timmons FROM: Bob Mac Onie 6i SUBJECT: Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary short plat submittal: City of Renton Mon # 1160 is erroneously noted at both the N 'A corner of Section 30 and the S '/4 corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N /4 corner of said Section 30. There is no horizontal control monument at said S '/4 corner. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S 'Acorner of Section 30 is incorrect — the tie is not Control Point 1160. Said Control Point 1160 is already noted at the N '/ corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established_ Provide short plat and lot closure calculations_ Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. 'flAFile Svs1LND - Land Subdivision & Surveying RecordslLND-20 - 5liort Plaw05421RV090421doc April 23, 2009 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly impacting the subdivision. These items are provided only for preliminary short plat approval_ Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet 1 of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time of recording, need to sign the final short plat submittal. Include notary blocks as needed_ Revise the title of the declaration block on Sheet 1 of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are casements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. '['he recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARATION OF COVENANT: The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future I I.Tile SvsNI-ND - Land SubdiVB1011 & SunVeying Records\LND-20 - Short Piats105421RV090423.doclmsoftice April 23, 2009 Page 3 purchasers of the lots, or of 'any subdivisions thereof: This covenant shall run with the land as shown on this short plat. Comments for the Project Manage : Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an easement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. I [ \Fi[e Sy51LND - Land Subdivisinn &. Surveying Records%LND-20 - Short PIatsNOi421RV096423,doclmsoi3icc G3 -19 T23N R5E E 1/2 IL i tH CA ,) sw Mth sc IH I3 - 31 T23N R5E E 1/2 �Y + � * ZONING 0 200 400 PW TECHNICAL SERVICES � Feet C �r� 0711&08 7:4,840 EXHIBIT 1 it ON I NG MAP BC K 92 93 455 ;t -�456 t r_.'. , 461 1 B,2 B3�B136 7 26 T24N 4E 25 T24N R4E30 T24N R5E g T24N R5 28 T24N R5E. 7T24N R5E. 26 T24N R5EB 81 94W 455W �457. 1 458 460 464 1 C2'3� �C51,� _.___GC 4.� _7 35 T20R4E 36 T24N R4E 31 T24N R5E 32 724N R5E 125Er — T 35 T24N R5E 306 307 Aet A. 18 309 01 -W 8-, $ p D 1 f D2 D3 �D .. "Do -D&.. I D7 2 T23N R4E , 1'T23N R4E 6 T23N R5E IWT23N"R5E 4 T23N R5E 3 T23N R5E 2 T23N R5E 31$ 319 369 805 806.. 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R5E ' 29 T23N R5E 28 T23N R5E 27 T23N R5E 26 T23N'R5E, '. - 25 50351, .604 6a5 825 826 8 �_603 _ 12:1:3 14. -15 17 23f RAE 36 T23N R4E 31 T23N R5E 31 T23N R5E 33 T23N R 34 T23N R5E 35 T23N R5E 3fi 46 607 Gas ,609;d _610 632 833 8 1 J2 J3tl, tAJS J7 �T_21 T22N R5E 5 T22N R5E q T22NR5E 3 T22NR5E 2 T22N R5E 1 RESIDENTIAL MIXED USE CENTERS INDUSTRIAL Rc (RC) Resource Conservation cv (CV) Center Village rH (1L) Industrial - Light = (R-1) Residential 1 dulac uc-ei (UC-N1) Urban Center- North 1 n (IM) Industrial - Medium a -a (R-4) Residential 4 dulac uc-ryz (UC-N2) Urban Center - North 2 (IH) Industrial - Heavy R-s (R-8) Residential 8 dulac 0 (CD) Center Downtown RHH (RMH) Residential Manufactured Homes Rao (R-10) Residential 10 dulac COMMERCIAL (R-14) Residential 14 dulac ceR (COR) CommerciaUOfficelResidential ----- RenLoo City U-Ita City Limits z -r (RM-F) Residential Multi -Family ____ Adjacent aw-T (RM-T) Residential Multi -Family Traditional cA (CA) Commercial Arterial KROLL PAGE Rn-u (RM-U) Residential Multi -Family Urban Center co 0 ( CO ) Commercial Office cN (CN) Commercial Neighborhood PAG E# INDEX SECT1fOWNVMaE mm��� eep^Ic r e letlm, ncl guaren Gednz a p°m `<iiY P�ra�ao: ?sir e,a ar.e,,,ro�n<i,o, ewaaaa.< r n< am<eY c�,pea<a rn Y f ROW v UNE r lR �' g96,68 _ u> o U � 1 N w 09 26' 53 W 296.15' z I - LM m ROW UNT w o ( T*P.} EX. BUILDING A EX. BUILDING B g EX, BL I -DING C '2 1 1 _ 441,76 �i 'ro, r rt TL 302303- NOW 'OeW � � soo) 78.93' LOT 1 9 LOT 2 LOT 3 z RCW LNE 430.7o• 290.39' 495.93, / -Ral L NE 1316;95'(C) 1zi7,oa' - - L VA EAST LEY ROAD' 1316.9s(c; - -f - — �- - - - - - - - l - - WEST UNE RW 1/4.9 ---/ n.P.) NE NE 1//, SECROu 3_RCW' CENTERLINE R ( - - _ EAST VALLEY HW � ROx UNE V N ALL PLAT PLAN LEQENQ TOTAL AREA: 243.427 SOFT (5.58W ACRES) STE ZONING: COMMERDIAL ARTERIAL (CA) PROPOSO LOTS UARE FOOTA LOT / CROSS A AR IN JOINT USE DRIVEWAY EASEMENTS NET AREA OROSS AREA LE55 JOINT USE DRIVEWAY AS) LOT 1 52.845 SO.fT. 2RX0 SO.FT. 5ZO45 9p.FT. LOT 2 56.508 SC.FT. 1,853 SOFT. 54.855 SO.FT. LOT 3 134,074 50.FT. 854 SO.FT, 133.220 SQ.iT. PARKING STAB COUNT ANALYSIS LOT 1 LOT 2 LOT 3 EISTING u5E OF BUILDING ON PROPOSED LOT OFFICE OFFICE OFFICE 1 FJ/SRNG NET FLOOR AREA OF BUILDING. 10,335 SOFT. 14,720 SO.". 27.723 SOFT. EXISTING STALL COUNT CODE REO'D TA NM M EXISTING STALL COUNT OWE REWD EWSTIHO STALL COUNT CODE REO'D tL M N STANDARD 47 N/A N/A 42 N/A N/A 61 N/A N/A COMPACT 0 0 13 29 0 23 107 0 53 HANDICAPPED 1 7 N/A 5 4 N/A 4 E N/A TOTAL 48 31 46 76 47 11 172 83 125 BUILDING SETBACKS FOR COMMERCIAL ARIFRIAL ZONE CA MINIMUM FRONT YARD 10 FT.• MRiWUAI FREEWAY 10 FT. FRONTAGE SMACK MINIMUM REAR YARD NONE MINWL61 9DE YARD NONE +nulG: YLR NMG mA THE MINIMUMum FRYARD MAY BE PEDDLED TT THROUGH q Fz. T REVIEW THE STEPROCESS PLAN ROI DIED BLANK ENT RENEW PROCESS PROVIDED 1 NN WALLS ARE NOT LOCATED MTMN THE REDUCED SETBACK_ SITE CALCULATIONS PERCENTAGE OF LOT COVERED BY EXISTING MW NOS AND STRUCTURES LOT 1 20% LOT 2 2Bx LOT 3 211E PAVEMENT AND LANDSCAPED AREAS: LOT f PAMEMENY LANDSCAPE LOT 1 22,000 SF 15.00 SF LOT 2 27.800 SF 12.669 SF LOT 3 68,6DO SF 29.550 SF PROPERTY GWNER: STRADA DA VAI I E LLC 9125-IOTH AVENUE SOUTH SEATTLE, WA 99108 LAND SURVEYOR: BUSH, RDED 61 HITICH{NGS, INC. 2009 MINOR AVENEUE EAST SEA77LE, WA 89102 GEVELOPMeNT P CITY OF REN MAR 18 RECEIV s NET FLOOR AREA PROYDED BT THE PROPUM OWWILR SHEET 1 OF 4 Renton i --- Renton City Limits Parcels ® Renton Aerial SCALE 1 : 2,940 200 0 200 400 600 FEET EXHIBIT 3 http:Urentonnet.org/MapGuide/maps/Parcel.mwf Tuesday. April 28, 2009 8:29 AM Y -( 4 )-+' 's CITY OF RENTON ADDENDUM TO ENVIRONMENTAL DETERMINATION OF NON -SIGNIFICANCE - MITIGATED (DNS-M) Pursuant to WAC 197-11-600 (4) (c) and WAC 197-11-625 Addendum to Cedar River Corporate Park Determination of Non -Significance — Mitigated DNS-M (ECF 053-087) Date of Addendum: May 4, 2009 Date of Original Issuance of SEPA Threshold Determination: September 14, 1987 Proponent: Strada da Valle LLC Application File: ECF 053-087 and SA 058-087 Project Name: Renton Campus Proposal / Purpose of Addendum: The applicant requested Site Plan approval and Environmental Review to allow the construction of two single -story buildings of 10,000 square feet and 17,500 square feet as part of Phase I and an additional single -story office building of 32,120 square feet as part of Prase II of the project. The proposal also included parking for 284 cars, associated landscaping, utilities and stormwater improvements. The property is located on the East Valley Highway just north of SW 27t" Street at the 2300-2700 block of East Valley Road. After the original SEPA threshold Determination of Non -Significance -- Mitigated (DNS-M) was issued, the applicant proposed to subdivide the property into 3 lots without modifying any of the existing improvements. A request for an addendum to the original site plan has been submitted amending the proposed site plan to include three separate lots; one for each building. It has been determined that the environmental impacts of the new proposal are adequately addressed under the analysis of significant impacts contained within the previously adopted DNS-M. Based on WAC 197-11-600(4) c, the addendum process may be used if analysis or information is added that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. Therefore, the SEPA addendum process has been utilized for the Environmental Review of the proposed development. EXHIBIT 4 Location: 2300/2400/2500 East Valley Road Lead Agency: City of Renton, Department of Community Economic Development Review Process: Future development proposals for the Strada da Valle LLC will be reviewed under SEPA Rules and City of Renton policies and regulations applicable to the development. Additional Information: If you would Pike additional information, please contact Rocale Timmons, Associate Planner, City of Renton, Current Planning Division, Department of Community & Economic Development at (425) 430-7219. ENVIRONMENTAL REVIEW COMMITTEE SIGNATURES: Gregg Zimmerlhah, Admi trafor Department of Public arks 5kq 10 C1 Terry Higashiyama, Administrator Community Services Department I. David Daniels, Administrator Fire & Emergency SerD4 ek DATE DATE DATE Ales( Pietsch, Administrator DATE Department of Community & Economic Development PUBLIC WORKS DEPARTMENT M E M O R A N D U M DATE: April 23, 2009 TO: Rocale Timmons FROM: Bob Mac Onie dl , SUBJECT: Strada Da Ville Short Plat, LUA-09-042-SHPL Format and Legal Description Review Sonja Fesser and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant regarding the preliminary, short submittal: City of Renton Mon 41160 is erroneously noted at both the N'A corner of Section 30 and the S '/a corner of Section 30 (Sheets 3 and 4 of 4). Said City of Renton Mon # 1160 is located at the N 'A corner of said Section 30. There is no horizontal control monument at said S '/4 corner. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-09-042-SHPL and LND-20-0542 respectively, on the final short plat submittal. The type size used for the land record number should be smaller than that used for the land use action number. Show two ties to the City of Renton Survey Control Network with published values. The City of Renton horizontal tie noted at the S 'A corner of Section 30 is incorrect — the tie is not Control Point 1 l 60. Said Control Point 1160 is already noted at the N'/a corner of said Section 30. The geometry will be checked by the city when two ties are correct. Provide sufficient information to determine how the short plat boundary was established. Provide short plat and lot closure calculations. Indicate what has been, or is to be, set at the corners of the proposed lots. Note discrepancies between bearings and distances of record and those measured or calculated, if any. IFi:1F'ile Sys\LND - Land Subdivision & Surveying Records\L.ND-20 - Short Plats10542uRV090423.doc April 23, 2004 Page 2 Note whether the adjoining properties, to the north and south of the subject site, are platted (give plat name and lot number) or unplatted. Do not use King County Tax Numbers. Note the existing addresses for the three lots on the short plat submittal. On the final short plat submittal, remove all references to utilities facilities, most of the items under the "LEGEND" block on Sheet 4 of 4 (parking stalls, light pole, signs, walk light, concrete curbs and walks) and other items not directly pacting the subdivision. These items are provided only for preliminary short plat approval. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Remove the "PARKING STALL COUNT ANALYSIS", "BUILDING SETBACCKS FOR CPMMERCIAL AARTERIAL ZONE (CA)", SITE CALCULATIONS", "PROPERTY OWNER" and "LAND SURVEYOR" blocks from Sheet I of 4. Do note encroachments. The City of Renton Administrator, Department of Public Works, is the only city official who signs this short plat. Review and revise the existing City of Renton approval block. All vested owner(s) of the subject short plat, at the time of recording, need to sign the .final short plat submittal. Include notary blocks as needed. Revise the title of the declaration block on Sheet 1 of 4, to "OWNER'S DECLARATION". Remove all references to density and zoning, if any, on the final submittal. Do not include "OWNER", "SURVEYOR" and "ENGINEER" blocks on the final submittal. Note that if there are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The recording number(s) for the associated document(s) are to be referenced on the short plat drawing. Provide spaces for the recording numbers thereof. The DECLARATION OF EASMENTS, COVENANTS AND AGREEMENT RUNNING WITHN THE LAND document should be referenced on the short plat drawing, with a space provided for the recording number thereof. Add the following Declaration of Covenant language on the face of the subject drawing: DECLARA PION OF COVENANT. - The owners of the land embraced within this short plat, in return for the benefit to accrue from this subdivision, by signing hereon covenant and agree to convey the beneficial interest in the new easement shown on this short plat to any and all future H:1File Sys1LND - Land Subdivision & Surveying Records%LNU-20 - Short Plats105421RV696423.doclmsoffice April 23, 2009 Page 3 purchasers ol'the lots, or of any subdivisions thereof' This covenant shall run with the land as shown on this short plat. Comments for the Proiect Manager: Have the City Attorney review the declaration document as to form and content. This document should be more correctly titled Declaration of Easement, Covenant and Agreement, Terms and Conditions which can then referenced as binding in the conveying documents, to the purchasers, pursuant to the Declaration of Covenant above. Having Strada Da Valle, LLC, as both grantor and grantee does not create an casement. Fee Review Comments: The Fee Review Sheet for this short plat will be prepared at the next review. 1 [:\File Sys1LND - Land Subdivision & Surveying Records\LND-20 - Short Plats\0542\RV090423.doc\msoffice City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: ^, COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED; MARCH 27. 200 ClTI' tF—RENT , APPLICANT: Strada da Valle LLC • � r PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno 7 SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54jtf LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet: each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shorohne Use Animals Environmental Health Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major impacts More Information Necessary Housing Aesthetics Li htlGfare Recreation Utilities Transportation Public Services Histaric/Cuitural Preservation Airport Environment 10, 000 Feet 14,000 Feet w �ST �2'3 not`] J 3 '/A)/ -Go 9 Igo T{•�l�'— `�t� �d�s�ltst� G'� n B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS /t;d 6,0,2, We have reviewed this application with areas where additional informatiamis ne Signaturefif Director or gr attention to those areas in which we have expertise and have identified areas of probable impact or properly assess this proposal. ve Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ran vt &J COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons CITY OF REWON A PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54,813 square feet LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA(gross) NIBUILDING DIVISION WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA)_ Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housin Aesthetics Light/Glare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10,000 Feet 14,000 Feet 1Vo < r!; , .,, /� N i�, , S v�� ---, C. CODE -RELATED COMMENTS We have revs wed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wl a additionai information is needed to properly assess this proposal. Signapre of Director or Authorized Representative ,?--/-eI Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:r-CIrL,:�>COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54,813 square feet LOCATION: 230012400/2500 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information !Necessary Earth Air Water Riants Land/Shoreline Use Animals Environmental Health Energy/ Natural Resources Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htl0are Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Environment 10, 000 Feet 14.000 Feet ova grid h%,6�7. B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. or Date City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Fx COMMENTS DUEAPRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLfCANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54,813 square feet LOCATION: 2300/240012500 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More information Necessary Earth Air Water Plants Zand/Shoreline Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation Utilities Transportation Public Services Historic/Cultural Preservation Airport Erzvnonrnent 10, 000 Feet 14, 000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. , tMr�Signature a%0I D� orized RDal City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLC PLANNER: Rocale Timmons PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno SITE AREA: 5.59 acres EXISTING BLDG AREA (gross): 54,813 square feet LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA(gross) NIA WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street, The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shoreline Use Animals Environmental Heafth Energy/ Naturai Resources B. POLICY -RELATED COMMENTS C. CODE -RELATED COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Housing Aesthetics Li htlGlare Recreation utilities Transportation Public Services Historic/Cultural Preservation Airporl Environment 10.000 Feet 14.000 Feel We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is neede properly assess this proposal. 41 3® !sz? Signature of Director or Authorized Representative Dates City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: N (64YU Ch 0(} COMMENTS DUE: APRIL 10, 2009 APPLICATION NO: LUA09-042, SHPL-A DATE CIRCULATED: MARCH 27, 2009 APPLICANT: Strada da Valle LLG PLANNER: Rocale Timmons R E C E '-" c l ) PROJECT TITLE: Strada da Valle Short Plat PLAN REVIEWER: Rick Moreno „ ., SITE AREA: 5,59 acres EXISTING BLDG AREA (gross): 54,813 r LOCATION: 2300/2400/2500 E Valley Road PROPOSED BLDG AREA(gross) N/A WORK ORDER NO: 78049 SUMMARY OF PROPOSAL: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. A. ENVIRONMENTAL IMPACT (e.g. Non -Code) COMMENTS Element of the Environment Probable Minor Impacts Probable Major Impacts More Information Necessary Earth Air Water Plants Land/Shorekne Use Animals Environmental Health Energy/ Natural Resources B. POLICY -RELATED COMMENTS 11/£i VC- C. CODE -RELATED COMMENTS 1\4)�_16 Element of the Environment Probable Minor impacts Probable Major Impacts More Information Necessary Housing Aesthetics Light/Glare Recreation utilities Transportation Public Services Historic/Cuiturai Preservation Airport Environment 10, 000 Feet 14,000 Feet We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ve 3�3d%y Date CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT - PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 27th day of March, 2009, 1 deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to. Name Representing Strada da Valle LLC Owner/Applicant David Halinen Contact Surrounding Property Owners See Attached (Signature of Sende STATE OF WASHINGTON ) SS COUNTY OF KING } I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. ,%%% Notary (Print): My appointment expires: Notary Public in a 1nnb'P-r a-jq-la !,N%" N I I I I f 1-YNA1 tt�a the State aMA?fington T-o jelame Strada da Valle Short Plat .umbers LUA08-042, SHPL-A 302305910309 125380001508 302305909806 DA VALLE STRADA FLAHERS LLC HAWK JIM JR 9125 10TH AVE S C/O SOUND BUILDING SUPPLY 18330 SE LAKE HOLM RD SEATTLE WA 98108 PO BOX 329 AUBURN WA 98092 RENTON WA 98057 302305910101 334040000609 219310001009 OLYMPIC PIPELINE COMPANY SHURGARD STORAGE CENTERS THOMSON TAX & ACCOUNTING C/O BP AMERICA INC DEPT PT WA 08165 E PROPERTY TAX DIVISION PO BOX 5015 PO BOX 25025 PO BOX 4900 BUENA PARK CA 90622 GLENDALE CA 91201 SCOTTSDALE AZ 85261 TY V 4 I (' + + �u NOTICE OF APPLICATION 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. PROJECT NAMEINUMBER: Strada da Valle Short Plat / LUA09-042, Si PROJECT DESCRIPTION: The applicant is proposing to subdivide an existing parcel into 3 lots which contains an existing three building office development to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the lots would contain one of the three existing commercial buildings. The subject property is located on the east side of East Valley Road just north of SW 27th Street. The project site totals 5.59 acres in area and is zoned Commercial Arterial (CA). Access for the proposed lots would be provided via existing driveways along East Valley Road. An addendum to the existing SEPA Determination of Non -Significance -Mitigated, issued for the construction of the office development (ECF-053-87), is also being requested in order to recognize the proposed lot lines. PROJECT LOCATION: 2300/2400/2500 East Valley Road PUBLIC APPROVALS: Administrative Short Plat approval APPLICANTIPROJECT CONTACT PERSON: David Halinen. Halinen Law Offices, P S.; Tel: (206) 443-4684; Eml: davidhalinen@halinenlaw.com Comments on the above application must be submitted in writing to Rocale Timmons, Associate Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on April 10, 2009. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7219. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: March 18, 2009 NOTICE OF COMPLETE APPLICATION: March 27, 2009 DATE OF NOTICE OF APPLICATION: March 27, 2009 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 South Grady Way, Renton. WA 98057. File Name i No.: Strada da Valle Short Plat / LUA09-042, SHPL-A NAME: MAILING ADDRESS: TELEPHONE NO.: CITY' OF RENTON " »- '� Denis Law, Mayor March 27, 2009 David Halinen Halinen Law Offices, P.S. 1019 Regents Blvd #202 Fircrest, WA 98466 Department of Community and Economic Development Alex Pietsch, Administrator Subject: Notice of Complete Application Strada da Valle Short Plat, LUA09-042, SHPL-A Dear Mr. Halinen: The PIanning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional, information is required to continue processing your application. Please contact me at (425) 43077219 if you have any questions. Sincerely, Ro le Timmons A sociate Planner cc: Strada da Valle LLC / Owner(s) 1055 South Grady Way - Renton, Washington 98057 This paper contains 50% recycled matenal, 300k post consumer RENTON AREAL) OP THE CURVE City of Renton `j j LAND USE PERMIT R MASTER APPLICATION sift PROPERTY OWNER(S) NAME: Strada da Valle LLC ADDRESS: c/o Gary Merlino, Manager 9125 10th Avenue S. CITY: Seattle, WA zip: 98108 TELEPHONE NUMBER: (206) 762-9125 APPLICANT (if other than owner) NAME: Same as above COMPANY (if applicable): ADDRESS: CITY: ZIP: TELEPHONE NUMBER CONTACT PERSON NAME: David L. Halinen COMPANY (if applicable): Halinen Law Offices, P.S. ADDRESS: 1019 Regents Blvd, Suite 202 CITY: Fircrest, WA ZIP: 98466 TELEPHONE NUMBER AND E-MAIL ADDRESS: (206) 4434684 davidhalinen@halinenlaw.com PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: Strada da Valle Short Plat PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: 2400 East Valley Road Renton, WA 98057 KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 302305-9103-09 EXISTING LAND USE(S): General Office PROPOSED LAND USE(S): General office, medical and dental office and government offices as defined in the City's Development Regulations in effect on the date that this short plat application is submitted to the City of Renton. EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: Employment Area Valley (EAV) PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): No change EXISTING ZONING: Commercial Arterial (CA) PROPOSED ZONING (if applicable): No change SITE AREA (in square feet): 243,427 SF +/- SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: 3,307 SF of Joint Use Driveway Easements PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET ACRE (if applicable): NA NUMBER OF PROPOSED LOTS (if applicable): 3 NUMBER OF NEW DWELLING UNITS (if applicable): NA 08/07 PR ECT INFORMATION (contii d NUMBER OF EXISTING DWELLING UNITS (if applicable): NA SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable)- NA SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NA SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NA sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 54,813 sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): 53,778 sq. ft. NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): NA (not a new project) PROJECT VALUE: N/A (The site is already developed.) IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): Yes. The entire site lies within a seismic (geologic) hazard area. ❑ AQUIFER PROTECTION AREA ONE ❑ AQUIFER PROTECTION AREA TWO ❑ FLOOD HAZARD AREA sq. ft. ■ GEOLOGIC HAZARD 243,427 sq. ft. ❑ HABITAT CONSERVATION sq. ft. ❑ SHORELINE STREAMS AND LAKES sq. ft. ❑ WETLANDS sq. ft. LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate sheet with the following information included) SITUATE IN A PORTION OF THE NE 114 QUARTER OF SECTION 30, TOWNSHIP 23N, RANGE 5E, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. Short Plat 3. 2. 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP SEE A TTA CHED `,I FFIDA VIT OF O WIYERSHIP " I, (Print Name/s) , declare that I am (please check one) _ the current owner of the property involved in this application or the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I certify that I know or have satisfactory evidence that signed this instrument and acknowledged it to be his/her/their free and voluntary act for the (Signature of Owner/Representative) uses and purposes mentioned in the instrument. (Signature of Owner/Representative) Notary Public in and for the State of Washington Notary (P My appointment expires: - 2 - 08/07 LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. 3 - 08/07 AFFIDAVIT OF OWNERSHIP I, GARY M. MERLINO, hereby declare that: (I) I am a manager of STRADA DA VALLE LLC, a Washington limited liability company, the limited liability company that is the current owner of the following described property (the "Property"): THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. (2) The Property is the property that is involved in the proposed Strada da Valle Short Plat application; and (3) The foregoing statements and answers contained in the accompanying City of Renton Land Use Permit Master Application for the proposed Strada da Valle Short Plat are in all respects true and correct to the best of my knowledge and belief GARY N. MERLINO STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that GARY M. MERLINO is the person who appeared before me and acknowledged that he signed the instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as a manager of STRADA DA VALLE LLC, a Washington limited liability company, to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in the instrument. DATED this day of March, 20110 � � C (sign name f notary public) C / �r��i! fj Qy (print or type name of notary public) - r NOTARY PUBLIC in and for the State of Washington, residing at Ca G+� My Commission expires: 3 — Q -- Zarb -4- [#:111FA 17 j j PLANNING oiVkSCON WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS W ,efie 01 passi�a�y . -his requirement maybe waived by: r (3 � •Ta, ���� (����. Property Services Section PROJECT NAME Public Works Plan Review Sacfion Building Section DATE: 312 7 gi Planning Section 3 yaw'[ mN,i;1No i Et, C),0 Q:1WEBlPMDEV5ERVAFormslPiannfng\waivero(submittalregs.xls r a 4T e q 02/08 PLANNING DIVISION WAIVER OF SUBMITTAL REQUIREMENTS FOR LAND USE APPLICATIONS This requirement may be waived by_ 1. Property Services Section PROJECT NAM • 1/ 2. Public Works Plan Review Section 3. Building Section DATE: 4. Planning Section T Q:LW EBIPW'D EVBER\IlFormslPlanninglwaiverofsubmitfalregs.)ds 02108 PREAPPLICATION MEETING FOR STRADA DA VALLE SHORT PLAT-° 2300 EAST VALLEY RD CITY OF RENTON Department of Community and Economic Current Planning Division PRE08-030 March 27, 2008 Contact Information: Planner Rocale Timmons Phone: 425.430.7219 Public Works Reviewer Rick Moreno Phone: 425.430.7278 Fire Prevention Reviewer: Dave Pargas Phone: 425.430.7023 Building Department Reviewer: Craig Burnel Phone: 425.430.7290 Development Please retain this packet throughout the course of your project as a reference. Consider giving copies of it to any engineers, architects, and contractors who work on the project. You will need to submit a copy of this packet when you apply for land use and/or environmental permits. Pre-screening: When you have the project application ready for submittal, call and schedule an appointment with the project manager to have it pre-screened before making all of the required copies. The pre -application meeting is informal and non -binding. The comments provided on the proposal are based on the codes and policies in effect at the time of review. The applicant is cautioned that the development regulations are regularly amended and the proposal will be formally reviewed under the regulations in effect at the time of project submittal. The information contained in this summary is subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Zoning Administrator, Development Services Director, Department of Community Economic Development Administrator, Public Works Administrator and City Council). D�ELUF�pEN C SEaIIIC ES Cln• of REluroM MAR j- MEMORANDUM DATE: TO: Construction Services, Economic Development, Fire Prevention, Plan Review, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: e J12d Nou/ LOCATION: �OD � Qa �SOI� �a.�'l VGi PREAPP NO. A meeting with the applicant has been scheduled for A)a-f'G464 , Thursday, at /1100 AM ❑PM, in one of the 6t' floor conference rooms. If this meeting is scheduled at 10:00 AM, the MEETING MUST BE CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 11:00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level" review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Plan Reviewer assigned is `. 0 F— 0 C'a I t fi IM,V'n'� Please submit your written comments to (Planner) at least two (2) days before the meeting. Thank you. HMivision.s\Develop. ZDev & P1an.ing\Temp1ate\PrWp2 Revised I-05 MEMORANDUM =U MAR 1' 2008 DATE: .. zeq TO: Construction Services, Economic Development, Fire Prevention, Plan Review, Project Planner FROM: Neil Watts, Development Services Division Director SUBJECT: New Preliminary Application: LOCATION: PREAPP NO. - a A meeting with the applicant has been scheduled for 1'Gh , Thursday, at �r'�0 AM ❑PM, in one of the 61h floor conference rooms. If this meeting is scheduled at 10:00 AM, the MEETING MUST 6E CONCLUDED PRIOR TO 11:00 AM to allow time to prepare for the 1 1 :00 AM meeting. Please review the attached project plans prior to the scheduled meeting with the applicant. You will not need to do a thorough "permit level' review at this time. Note only major issues that must be resolved prior to formal land use and/or building permit application submittal. Plan Reviewer assigned isL'�, �kpwo D �OC,a ft . jVv%VA1Please submit your written comments to(Planner) at least two (2) days before the meeting. Thank you. e t&-tT ^41 /%-& cle-1 ct ry COW e " Ai;- H:\Division.slDevelop.=Tev & Plan. ing\Template\Preapp2 Revised 1-05 10�P� 4?1 3/1 ild Y DEPARTMENT OF COMMUNITY AND + + ECONOMIC DEVELOPMENT .LIN M E M O R A N D U M DATE. March 20, 2008 TO: Rocale Timmons, Planner FROM: Rick Moreno, Plan Reviewer SUBJECT: Utility and Transportation Comments for Stada Da Valley S.P. Pre 08-030 Address: 2300-2500 East Valley Road NOTE: The applicant is cautioned that information contained in this summary is preliminary and non -binding and may be subject to modification and/or concurrence by official city decision -makers. Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. We have completed a preliminary review for the above -referenced development proposal. The following comments are based on the pre -application submittal made to the City of Renton by the applicant. /? WATER` �J rz 0c'r� 1. The site is currently served by Renton water. There is an existing 10-inch looped system around Building C, and buildings A and B are serviced from a 12-inch main along East Valley Road.. �(t 2. The project site is located in the 196 Water Pressure Zone. 1 3. Fire flow availability to the site is approximately 4,500 gpm from the existing 12-inch main that bisects the site with the 10-inch looped system. 4. The static water pressure is approximately 79 psi. TRANSPORTATION 6_el� 1. Fully improved roadways with curb, gutter, sidewalk and street lighting have lam previously been constructed along East Valley Road. �--- 2. The proposed lot line(s) straddle driveway ingress/egress approaches. As such, a joint use access easement(s) are required in the language of the short plat. SANITARY SEWER 1. There is an existing 8-inch and 6-inch sewer main bisecting the site (S-1041). h:(division.sldevelop.serlplan.revlrick12008 preappslstrada da valle short plat.doc Addressee Name Page 2 of 2 Date of Memo Here SURFACE WATER 1. The site is located in the Valley sub basin. 2. The existing development utilizes a drainage detention pond located on the proposed lot 3. Some provision (such as a boundary adjustment, easement or creating a separate Tract) for the existing developments use of this facility must be provided and recorded prior to the sub division. GENERAL COMMENTS 1. If you have any questions please call me at (425) 430-7278. h,ldivision.sldeveLop.serlplan.revlrick12008 preappsls[rada da valle short plat.doe CITY OF RENTON Department of Community & Economic Development MEMORANDUM DATE: March 27, 2008 TO: Pre -Application File No. PRE 05-030 FROM: Rocale Timmons, Associate Planner (425) 430-7219 SUBJECT: Strada Da Valle Short Plat — 2300, 2400, 2500 East Valley Road General We have completed a preliminary review of the pre -application for the above -referenced development proposal. The following comments on development and permitting issues are based on the pre -application submittals made to the City of Renton by the applicant and the codes in effect on the date of review. The applicant is cautioned that information contained in this summary may be subject to modification and/or concurrence by official decision -makers (e.g., Hearing Examiner, Community & Economic Development Administrator, Zoning Administrator, Development Services Director, Public Works Administrator, and City Council). Review comments may also need to be revised based on site planning and other design changes required by City staff or made by the applicant. The applicant is encouraged to review all applicable sections of the Renton Municipal Code. The Development Regulations are available for purchase for $50.00 plus tax, from the Finance Division on the first floor of City Hall or on the City's website www.rentonwa.gov Project Proposal The subject property is Iocated on the east side of East Valley Road just north of SW 270' Street. The project site totals 5.61 acres in area and is zoned Commercial Arterial (CA). The proposal is to subdivide the existing parcel into 3 lots. An existing three building office development is located on site and is planned to be retained. The proposed lots would range in size from 10,335 square feet up to 27,723 square feet; each of the three lots would contain one of the existing commercial buildings. Access for the proposed lots would be provided via existing driveways along East Valley Road. Wetlands are located along the eastern portion of the site. Current Use: The property currently has three commercial office buildings, of which all will remain. Zoning: The subject site is within the Commercial Arterial (CA) zoning designation on the City's Zoning Map. The site is also located within the Employment Area Valley overlay. {j f� Development Standards: The project would be subject to RMC 4-2-120A, "Development Standards for Commercial Zoning Designations" effective at the time of complete application (noted as "CA standards" herein). A copy of these standards is included herewith. 17Vote. The only development standards that apply for a short plat are the lot dimensions and setbacks for existing buildings. Other standards are addressed herein for informational purposes only. The applicant should ensure that future development can comply with parking and signage regulations. These standards are subject to change and should be verified prior to initiating development design.] Minimum Lot Size, Width and Depth — There are no minimum requirements for lot size, lot width or depth within the CA zone at this location. Setbacks — Setbacks are the distance between the building and the property line or any private access easement. Setback requirements in the CA zone are as follows: 10 feet for a front yard; the site is Strada Da Valle Short Plat March 27, 2008 Page 2 of 3 surrounded by commercial and industrial zoned properties thus no rear or interior side yard setbacks would be required. The project appears to comply with setback requirements. Gross Floor Area — Any single commercial or office use on a site is permitted 65,000 gross square feet. For office buildings, the gross square footage shall not exceed 50% of the gross square footage of the site. The project appears to comply with these requirements. Building Height — Maximum building height in the CA zone is 50 feet, _Refuse and Recycling Areas — Refuse and recycling areas need to meet the requirements of RMC 4-4-090, "Refuse and Recyclables Standards" (enclosed). landscaping — Except for critical areas, all portions of the development area not covered by structures, �C required parking, access, circulation or service areas, must be landscaped with native, drought -resistant vegetative cover. The development standards require that all pervious areas within the property boundaries be landscaped. Please refer to landscape regulations (RMC 44-070) for further general and specific landscape requirements (enclosed). A conceptual landscape plan and landscape analysis meeting the requirements in RHC 4-8-120D.12, shall be submitted at the time of building permit application or application for Site Plan Review. Fences — If the applicant intends to install any fences as part of this project, the location must be designated on the landscape plan. A fence detail should also be included on the plan as well. J Parkin — The number of parking spaces for general office uses within the Commercial Arterial zone is limited to a minimum of 3 spaces per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per "�~ 1,000 square feet of net floor area. The number of parking spaces provided on each lot exceeds the maximum allowed, however as the situation is existing and the proposed short plat would not increase the non -conformity no variance or modification approval would be required. Shared parking agreements may be required to demonstrate that adequate parking is available for each use. Access — Driveway widths are limited by the driveway standards, in RMC 4-4080I. The existing driveways on site are proposed to straddle lot lines, access easements would be necessary for ingress and egress of the site if short platted. Siege — Only one freestanding business sign (pole, monument/ground, projecting or roof) is permitted per street frontage. Each sign shall not exceed an area greater than one and one-half square feet for each lineal foot of property frontage that is occupied by the business. In no case shall the sign exceed a total of 300 square feet (150 square feet per face). In addition to the permitted freestanding sign, wall signs with a copy area not exceeding 20% of the fagade to which it is applied is also permitted. The sign permits) will need to clearly identify square footages of the wall face and the sign to which it is applied, in order to determine compliance. Critical Areas Critical areas have been identified on the subject property. A wetland report delineating and classifying the wetland on site is required to be submitted with the formal land use application. In addition, as there are no proposed impacts to the wetland, a mitigation plan will not be required to be submitted. City staff may require secondary review of the wetland report, at the expense of the applicant. Enclosed is a list of City - approved biologists for secondary review. If secondary review is required, the applicant may choose from this list of biologists. Strada Da Valle Short Plat March 27, 2008 Page 3 of Environmental Review The proposed project would be subject to Washington State Environmental Policy Act (SEPA) review due the presence of critical areas. Therefore, an environmental checklist is a submittal requirement. An environmental determination will be made by the Renton Environmental Review Committee. This determination is subject to appeal by either the project proponent, by a citizen of the community, or another entity having standing for an appeal. Permit Requirements The proposal would require Administrative Short Plat and Environmental (SEPA) Review. The Short Plat and Environmental Review would be reviewed concurrently within an estimated time frarne of 10 to 12 weeks for preliminary approval. The fee for the short plat would be $1,000 with 1/2 off subsequent applications. The fee for the Environmental Review is based on project value: less than $100,000 is $200 (1/2 of $400.00 full fee) and project value over $100,000 is a $500.00 fee (1/2 of $1000.00 full fee). Detailed information regarding the land use application submittal is provided in the attached handouts. Once preliminary approval is received, the applicant must satisfy any conditions of the preliminary approval before the short plat can be recorded. A separate (no -fee) submittal is required for the final short plat. The newly created lots may be sold only after the plat has been recorded. Expiration: Upon preliminary short plat approval, the preliminary short plat approval is valid for two years with a possible one-year extension. cc: Jennifer Herntking -i;- PROJECT NARRATIVE�` for the Proposed Strada da Valle Short Plat, Project Name, Size and Location of Site: The Strada da Valle Short Plat is proposed on an approximately 5.59-acre site located at 2400 East Valley Road in Renton, west of and abutting the Valley Freeway (SR 167). Land Use Permits Required: Short Plat Approval Current Zoning: The site as well as the abutting properties to the south and north of the site are zoned Commercial Arterial (CA). The property to the west across East Valley Road is zoned Light Industrial (IL). Current Use of Site: The site is already developed with three one-story office -type buildings and associated outdoor parking lots, driveways, mature landscaping, stormwater conveyance and detention systems (including both a surface pond and underground pipes and appurtenances), and underground utilities, all of which were completed in 1991. Special Site Features: The site is long and relatively narrow from south to north and is trapezoidal in shape. The site's existing parking lots and driveways are all concrete paved, providing a lighter color, more attractive appearance than typical asphalt paved parking lots and driveways. Very substantial, mature landscaping exists on the site. A stormwater detention pond that serves the site lies along the site's south edge. Soil Type and Drainage Conditions: This item of the City requirements list for a project narrative for short plats is not applicable because the site is already fully developed. The Site's Existing and Proposed Use: The site's historic use is general office. The site's proposed uses are general office, medical and dental office and DLH 3-2-08 Page 1 of 3 government offices as defined in the City's Development Regulations in effect on the date of the short plat application. Proposed Lots: Three lots are proposed, one for each of the three existing buildings lying upon the site. Proposed Lot 1 (on which is located the building with an address of 2300 East Valley Road) would encompass 1.2132 acres. Proposed Lot 2 (on which is located the building with an address of 2400 East Valley Road) would encompass 1.2973 acres. Proposed Lot 3 (on which is located the building with an address of 2500 East Valley Road) would encompass 3.0779 acres. Access: Four existing driveways connecting the site to East Valley Road serve the existing development. The northerlymost driveway connection lies near the north end of proposed Lot 1. The next driveway to the south straddles the proposed common lot line between proposed Lot 1 and proposed Lot 2. The next driveway to the south straddles the proposed common lot line between proposed Lot 2 and proposed Lot 3. The southerlymost driveway connection lies near the south end of proposed Lot 3. Proposed easements and covenants relating to both (a) the existing driveway that straddles the proposed common lot line between proposed Lot 1 and proposed Lot 2 and (b) the existing driveway that straddles the proposed common lot line between proposed Lot 2 and proposed Lot 3 are set forth in the proposed "Declaration of Easements, Covenants, and Agreement Running with the Land" that accompanies the short plat application. Proposed Off -Site Improvements: Because the site is already fully developed, no off -site improvements are proposed in conjunction with the proposed short plat. Construction Cost/ Fair Market Value: Not applicable because no construction is proposed in conjunction with the proposed short plat. Fill or Excavation Proposed: Because the site is already fully developed, no fill or excavation is planned as part of this proposed short plat. DLH 3-2-08 Page 2 of 3 Trees to be Removed: No trees are planned to be removed as part of this proposed short plat. Land to be dedicated to the City: No land is intended to be dedicated to the City as part of this short plat. Job Shacks, Sales Trailers, and/or Model Homes No job shacks, sales trailers, and/or model homes are proposed as part of this short plat. Proposed Modifications being Requested: No modifications are being requested in conjunction with the proposed short plat. Distance from Stream or Wetland to Nearest Area of Work: An existing Drainage Easement that crosses the north 57.56 feet of the site was recorded in favor of the City of Renton under King County Recording No. 9107080927. An existing drainage ditch draining from east to west lies within that easement. Wetlands are believed to lie within and along the existing freeway right-of-way ditch in the SR 167 freeway right-of-way that abuts the site's east edge. Because the site is already fully developed and only a short plat is being proposed, no development work is proposed as part of this short plat. YAcf1248810071Project Narrative F1 (3-2-09)_doc DLH 3-2-08 Page 3 of 3 STEWART TITLE GUARANTY COMPANY.:.. - Subdivision Guarantee Guarantee No.: SG-2631-12319 Effective Date: February 24, 2009 at 8:00 AM Fee: $350.00 Order Number: 208168361 The County of KING and any City within which said subdivision is located in a sum not exceeding S 1,000.00 That, according to those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land included within the exterior boundary of said Subdivision Guarantee, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the ccrtiftcates consenting to the recordation of said map and offering for dedication any streets, roads, avenues and other easements offered for dedication as shown in Subdivision Guarantee. Signed under seal for the Company, but this Guarantee is to be valid only when it bears an authorized countersignature. Countersigned by: rstewa-t We guammty company Senior Chairman of t e Board Authorised Countersignature _•�'";�..� E,c q Stewart Title Seattle t Company + . - r Chairman of the Board SEATAC, Washington City, State President Guarantee Serial No. SG-2631-12319 In writing this company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number. SUBDIVISION GUARANTEE Guarantee No.: SG-2631-12319 Order Number: 208168361 Subdivision Guarantee: $350.00 Sales Tax: $31.50 Effective Date: February 24, 2009 at 8:00 AM Total: $ 381.50 OWNERS: STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY SUCCESSOR BY MERGER TO STRADA DA VALLE, A WASHINGTON GENERAL PARTNERSHIP LEGAL DESCRIPTION: See Attached Exhibit A SUBJECT TO: 1. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30T" THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31sr YEAR: 2009 AMOUNT BILLED: $77,589.93 AMOUNT PAID: $ 0.00 AMOUNT DUE: $77,589.93, PLUS INTEREST AND PENALTY, IF DELINQUENT LEVY CODE: 2100 TAX ACCOUNT NO.: 302305-9103-09 ASSESSED VALUATION: LAND: $2,937,600.00 IMPROVEMENTS: $4,844,200.00 NOTE: TAXES AND CHARGES FOR 2008 WERE PAID IN FULL IN THE AMOUNT OF $71, 389.22. 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: STRADA DA VALLE, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: NORTHPOINT ESCROW AND TITLE, LLC BENEFICIARY: U.S. BANK NATIONAL ASSOCIATION AMOUNT: $3,500,000.00 DATED: APRIL 23, 2008 RECORDED: MAY 1, 2008 RECORDING NO.: 20080501000406 3_ RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1962 RECORDING NO.: 5376810 IN FAVOR OF: THE STATE OF WASHINGTON Guarantee No: SG-2631-12319 [gtewart title guaranty company SUBDIVISION GUARANTEE 4. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 6, 1975 RECORDING NO.: 7508060393 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 5. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1979 RECORDING NO.: 7906250761 6. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STRADA DA VALLE. A WASHINGTON GENERAL PARTNERSHIP AND: CITY OF RENTON RECORDED: SEPTEMBER 19, 1990 RECORDING NUMBER: 9009190703 7. TERMS AND CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. Guarantee No: SG-2631-12319 ewart tale guaranty company SUBDIVISION GUARANTEE 10. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION, 11. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080928 1N FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 12. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING LID PARTICIPATION RECORDED: APRIL 21, 1994 RECORDING NO.: 9404210637 Guarantee No: SG-2831-12319 E§!q� ft title guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above_ Robert Ja ri Guarantee No: 5G-2634-12399 7��ewwt We guaranty company SUBDIVISION GUARANTEE Exhibit A LEGAL DESCRIPTION File Number: 208168361 THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. Guarantee Igo_ SG-2631-12319 �—���ft title guaranty company PLANNING DIVISION CHECKLISTENVIRONMENTAL City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 �� 8 20C9 PURPOSE OF CHECKLIST:''�i�� The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required. INSTRUCTIONS FOR APPLICANTS: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can. You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. if you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply". Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. 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. USE OF CHECKLIST FOR NONPROJECT PROPOSALS: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions (actions involving decisions on policies, plans and programs), the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively. YAcA2488T007kSEPATEnv_ Checklist D2.doc - 1 - 02108 A. BACKGROUND Name of proposed project, if applicable: Strada da Valle Short Plat 2. Name of applicant: Strada da Valle LLC Address and phone number of applicant and contact person: Address and phone number of applicant: 9125 90th Avenue S. Seattle, WA 98108 (206) 762-9125 Name, address and phone number of contact person: David L. Hallnen 1019 Regents Boulevard, Suite 202 Fircrest, WA 98466 (206) 443-4684 4. Date checklist prepared: March 2, 2009 5. Agency requesting checklist: City of Renton Planning Division 6. Proposed timing or schedule (including phasing, if applicable). - The subject site has already been developed with three office buildings and is in use. No new development is currently proposed. Only a three -lot short plat of the site is being proposed (with one existing office building to lie on each of the proposed lots). 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No plans exist for immediate additions or expansion. However, although the site's historic use has been general office, the applicant Intends to use the existing buildings for general office and/or medical and dental office and/or government offices as defined in the City's Development Regulations in effect on the date of the short plat application. The applicant proposes that if, ultimately, one or more additions to or expansions of the development are ultimately to be constructed, the application(s) for such will be in accordance with the City's Development Regulations in effect on the date of the subject short plat application. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. An environmental checklist regarding office development originally proposed for the site was prepared on April 20, 1987 and submitted to the City by the owner's then agent Lance Mueller & Associates in conjunction with an application for site plan review and approval. YAcA M MASEPAlEnv. Checklist D2.doc -2- 02l08 On September 9, 1987, a Determination of Non -Significance (Mitigated) was issued by the Renton Environmental Review Committee bearing an effective date of September 18, 1987. Following submittal to the Committee of a request for reconsideration by the applicant's attorney David L. Halinen on September 14, 1987, a (revised) Finalized Mitigation Measures page was issued by the Committee bearing an effective date of October 2, 1987. 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. No. 10. List any governmental approvals or permits that will be needed for your proposal, if known. Short plat approval. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. The proposal is to short subdivide an existing three -building commercial office development located on an approximately 5.59-acre site into three lots, with one of the buildings on each of the lots. 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 of the 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. The legal description of the site is as follows: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. The site address for purposes of the short plat application is 2400 East Valley Road, Renton, WA 98057. (The three existing office buildings on the site have addresses of 2300, 2400 and 2500 East Valley Road.) The site lies west of and abuts the Valley Freeway (SR 167). B. ENVIRONMENTAL ELEMENTS EARTH a. General description of the site (circle one); flat, rolling, hilly, steep slopes, mountainous, other b. What is the steepest slope on the site (approximate percent slope?) Around 2 percent. YAct12488%00MEPA\Env. Checklist D2.doc - 3 - 02/08 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 prime farmland. NIA (The site is already developed and in use.) d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. Not to our knowledge. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. None. (The site is already developed and only a short subdivision is being proposed.) f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No. (The site is already developed.) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? NIA (The site is already developed.) h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: NIA (The site is already developed.) 2. AIR a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. NIA (The site is already developed and the proposed short subdivision would not change emissions.) b. Are there any off -site sources of emission or odor that may affect your proposal? If so, generally describe. NIA (The site is already developed.) C. Proposed measures to reduce or control emissions or other impacts to air, if any: NIA (The site is already developed.) 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. YAcf12488%0071SEPA\Env. Checklist D2.doc - 4 - 02108 An existing drainage ditch crosses the north tip of the site within a drainage easement granted to the City of Renton recorded under King County Recording No. 9107080927. Wetlands are believed to fie within and along the existing freeway right-of-way ditch in the SR 167 freeway right-of-way that abuts the site's east edge. 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. No. (The site is already developed and only a short subdivision is proposed.) 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. None. (The site is already developed and only a short subdivision is proposed.) 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. None. (The site is already developed and only a short subdivision is proposed.) 5) Does the proposal lie within a 100-year flood plain? If so, note location on the site plan. No. 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. MA. b. Ground Water: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known. No. 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. None. 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. Runoff from the existing development collects in an onsite storm water conveyance system that drains into existing on -site stormwater facilities that include a pond near the site's south edge and various underground storm drain YAcfl2486 OMSEMEnv. Checklist D2.doc - 5 - 02/08 pipes and appurtenances . Detained stormwater from the site discharges into an existing City of Renton storm drain lying beneath abutting East Valley Road. No changes to the existing storm water conveyance or detention systems are proposed in conjunction with the proposed short plat 2) Could waste material enter ground or surface waters? If so, generally describe. No. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: NIA (The site is already developed and has existing stormwater conveyance and detention systems.) 4. PLANTS a. Check or circle types of vegetation found on the site: X_ deciduous tree: alder, maple, aspen, other (numerous trees installed as part of the existing development's landscaping) X_ evergreen tree: fir, cedar, pine, other (numerous trees installed as Dart of the existing development's landscaping) _X_ shrubs (numerous shrubs installed as part of the existing development's landscaping) grass (areas of lawn installed as part of the existing development's landscaping) pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eel grass, milfoil, other other types of vegetation b_ What kind and amount of vegetation will be removed or altered? None. C. List threatened or endangered species known to be on or near the site. None known. d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: NIA (The site is already developed and has extensive mature landscaping.) 5. ANIMALS a. Circle any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: hawk, heron, eagle, songbirds, other Mammals: deer, bear, elk, beaver, other Fish: bass, salmon, trout, herring, shellfish, other b. List any threatened or endangered species known to be on or near the site. Y:1clV48810071SEPAT=nv_ Checklist D2.doc - 6 - 02108 None. C. Is the site part of a migration route? If so, explain Pacific Flyway. d. Proposed measures to preserve or enhance wildlife, if any: NIA ('The site is already developed.) B. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed projects energy needs? Describe whether it will be used for heating, manufacturing, etc. NIA (The site is already developed) b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe_ NIA (The site is already developed and the proposed short subdivision will not affect the potential use of solar energy by adjacent properties.) 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: NIA (The site is already developed.) 7. ENVIRONMENTAL HEALTH 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. NIA (The site is already developed and the short plat will not have any effect.) 1) Describe special emergency services that might be required. NIA (The site is already developed and the short plat will not have any effect.) 2) Proposed measures to reduce or control environmental health hazards, if any: NIA (The site is already developed.) b. Noise 1 } What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? NIA (The site is already developed.) 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. YAcf\248810071SEPAlEnv. Checklist D2.doc - 7 - 02108 NIA (The site is already developed.) 3) Proposed measures to reduce or control noise impacts, if any. - NIA (The site is already developed.) 8. LAND AND SHORELINE USE a. What is the current use of the site and adjacent properties? The site is already developed with three existing one-story office -type buildings and associated outdoor parking lots, driveways, landscaping, stormwater conveyance and detention systems (including both a surface pond and underground pipes and appurtenances), and underground utilities, all of which were completed in 1991. The property to the north is vacant land. The Valley Freeway (SR 167) abuts the site's east side. An existing business/development called the Lumber Market lies on the parcel immediately to the south of the subject site. To the west across East Valley Road is an industrial warehouse facility called the Valley Distribution Center. b_ Has the site been used for agriculture? If so, describe. NIA (The site is already developed.) C. Describe any structures on the site. Three one-story office buildings exist in a row on the site. d. Will any structures be demolished? If so, what? NIA (The site is already developed and only a short subdivision is being proposed.) e. What is the current zoning classification of the site? The site is currently zoned Commercial Arterial (CA). f. What is the current comprehensive plan designation of the site? Employment Area Valley (EAV) g. If applicable, what is the current shoreline master program designation of the site? NIA h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. The entire site lies within a seismic (geologic) hazard area. Approximately how many people would reside or work in the completed project? NIA (The site is already developed and in use.) Approximately how many people would the completed project displace? Y:X&248810071SEPA\Env_ Checklist D2.doc - 8 - 02108 NIA (The site is already developed and in use) k. Proposed measures to avoid or reduce displacement impacts, if any: NIA (The site is already developed and in use.) I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: NIA (The site is already developed and in use.) 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NIA (The site is already developed and no housing exists on the site.) b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. NIA (The site is already developed and no housing exists on the site.) C. Proposed measures to reduce or control housing impacts, if any: NIA (The site is already developed.) 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed. NIA (The site is already developed.) b. What views in the immediate vicinity would be altered or obstructed? NIA (The site is already developed.) C. Proposed measures to reduce or control aesthetic impacts, if any: NIA (The site is already developed.) 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? NIA (The site is already developed) b. Could light or glare from the finished project be a safety hazard or interfere with views? NIA (The site is already developed) C. What existing off -site sources of light or glare may affect your proposal? YAcA248810071SEPA\Env. Checklist 02.doc - 9 - 02/08 NIA (The site is already developed.) d. Proposed measures to reduce or control light and glare impacts, if any: NIA (The site is already developed.) 12. RECREATION a. What designated and informal recreational opportunities are in the immediate vicinity? The Interurban Trail lies in the vicinity of the subject site. b. Would the proposed project displace any existing recreational uses? If so, describe. No. (The site is already developed.) c_ Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: NIA (The site is already developed.) 13. HISTORIC AND CULTURAL PRESERVATION a. Are there any places or objects listed on, or proposed for, national state, or local preservation registers known to be on or next to the site? If so, generally describe. No. b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. NIA C. Proposed measures to reduce or control impacts, if any: NIA (The site is already developed.) 14. TRANSPORTATION a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any. East Valley Road, which abuts the site's west edge, provides existing access to the site. The Valley Freeway (SR 167) abuts the site's east edge. The Valley Freeway on -ramps and off -ramps nearest to the site are at SW 41"' Street and SW 43'd Street to the south of the site. b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? The site is not directly served by public transit. The nearest public transit stop is the King County Metro bus stop located at Lind Ave SW and SW 21 st St about 0.33 walking miles from the site. C. How many parking spaces would the completed project have? How many would the project eliminate? YAcR248810071SEPA\Env. Checklist D2.doc - 10 - 02/08 On a lot -by -lot basis, the existing development has the following numbers of existing parking stalls within each of the three proposed lots: Proposed Lot I Proposed Lot 2 Proposed Lot 3 -...- --------------- - -- - Number of Standard Parking Stalls 47 42 61 Number of Compact Parking Stalls D 29 ....... ...„....1 07 Number of Handicapped Parking Stalls 1 5 4 Total Number of Parking Stalls on each proposed lot 48 76 172 No parking stalls are proposed to be eliminated in conjunction with the short plat d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private? No. (The site is already developed.) e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. f:' f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur_ NIA (The site is already developed and in use.) g. Proposed measures to reduce or control transportation impacts, if any: NIA (The site is already developed and in use.) is. PUBLIC SERVICES a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If so, generally describe. No. (The site is already developed.) b. Proposed measures to reduce or control direct impacts on public services, if any. NIA (The site is already developed and in use.) YAcfl248810071SEPAlEnv. Checklist D2.doc - 11 - 02108 16. UTILITIES a. Circle utilities currently available at the site; electricity , natural gas, water, (refuse service, telephone, sanitary sewer, septic system, other. 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. N/A (The site is already developed and in use.) C. SIGNATURE I, the undersigned, state that to the best of my knowledge the above information is true and complete. It is understood that the lead agency may withdraw any declaration of non -significance that it might issue in reliance upon this checklist should there be any willful misrepresentation or willful lack of full disclosure on my art. Proponent: 9.4 - , !*lame Printed: David L. Halinen Date: March 2, 2009 ENVCHLST_DOG REVISED WS Y:IcA248810071SEPA\Env. Checklist D2.doc - 12 - 02/08 AFFIDAVIT OF INSTALLATION OF PUBLIC INFORMATION SIGN City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425430-7231 STATE OF WASHINGTON ) COUNTY OF KING e, k-k-- duly sworn on oath, deposes . J�fTr•yf .� Mtl IJ MAR 18 2009 RECEjV D being first 1. On the _ day of NkQxC-k_ , 2Q dq , I installed 646 public information sign(s) and plastic flyer box on the property located at Q+0 D E.Ac,�-for the following project: Project name Owner Name 2. 1 have attached a copy of the neighborhood detail map marked with an "X" to indicate the location of the installed sign. 3. This/these public information sign(s) was/were constructed and installed in. locations in conformance with the requirements of Chapter 7 Title 4 of Renton Municipal . Code and the City's "Public Information Signs In I! i n" a out package. In I ignature SUBSCRIBED AND SWORN to before me this r $` day of 2002 oz I-, - � z r �r, NOTARY NBL in and for the State of Washington, residing at C44 My commission expires on 3-10 --2oll HAForms\P1anninglpubsign.doc - 3 - 03/08 4,Sfi" a µme; PROPOSED LAND USE ACTION ------- D Type of Action: (Pmvlded by Applicant) I SITE MAP Prajeet Name; (ProAded byApplicantj i Laminated i o Site Address: (provided by Appl€rani) Installed by Applicant Td SUBMIT COMMENTS OR OBTAIN L----------- --------i AIOITIONAL INFORMATION PLEASE 0 cowACT CITY OF RENTON STAFF AT: � 4 Development. Services Division ! $p&C8 1055 South Grady Way ; reserved for :, PLASTIC Renton, WashinUton 0055 City provided I CASE 6 (425) 49072Cft) PUBLIC i ? Installed by NOTICE I appkant Please reference tho Project number. If no 85'x14" number is IisW reference the prrojecl name. ° b ins �IiPe Inskn��_t�urs: Please ensure the bottom of the sign does not, exceed 811 f r cri the grcu:)d. •I s.e ILA X,. MOTES: Usc 4" x 4" x 12' POSTS Use 4' x V x 112' PLYWOOD �• We 1x x 3" GALV. LAG BOLTS. WANASHERS LETTERING; Use HELVETICA LETTERINC, Yy / BLACK ON WHITE BACKGROUND. TITLE. $" ALL CAPS 4' I OTHER 1 112" CAPS and V LOWERCASE If , _r H:1FormsTlanninglpubsign.doc - 4 - 03/08 M � a� 11�:rr�rry.w �- ..� .r:wr- ��Sirls,f'� 11r�� � 1�-� •4� "- In a+.l.....�. c c .r,u.�r - e..•.�� ro.� ..��.-.-1!.Y�.i.or �f�i5�e6�ti`uai: �-`—� ��— — yam. - - .J.. a���� ���.�� _ : �ww�� ���.i�•�c:.��� .-.:,�., . ��� .��.�r� '�::�_.� � •.:wrv. wry. _ I .JAL,. CITY OF RENTON PUBLIC INFORMATION SIGN LOCATION FOR: STADA DA VALLE SHORT PLAT INSTALL SIGN BEHIND SIDEWALK IN LAWN, LOCATION AS SHOWN Printed: 03-18-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-042 03/18/2009 12:08 PM Total Payment: 1,000.00 Current Payment Made to the Following Items: Receipt Number: Payee: STRADA DA VALLE Trans Account Code Description Amount ------------ --------------------------------------- ---------------- 5008 000.345.81.00.0004 Binding Site/Short Plat 1,000.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check 4492 1,000.00 Account Balances Trans Account Code Description 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345,81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use, Hobbyk, Fence 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 DO NOT USE - USE 3954 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 Balance Due .00 .00 .00 .00 _00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0901073 CQ ON 0i CU �rco \1-NE CQR. SEC. 30 FND. TACK IN CONCRETE MON. , DOWN 0.5', VISITED 6-25-08 (CITY OF RENTON HORIZONT AL CONTROL PNT. 230) N 170575.43 E 1300542.75 EASEMENT NOTE: SEE "DECLARATION OF EASEMENTS, COVENANTS, AND AGREEMENT RUNNING WITH THE LAND" RECORDED ALONG WITH THIS RECORD OF SURVEY UNDER KING COUNTY RECORDING NO . ------ --- --I CONCERNING VARIOUS EASEMENTS THAT HAVE LOCATIONS DEPICTED ON SHEETS THROUGH 4 OF 4 OF THIS SURVEY. B JOINT USE DRIVEWAY EASEMENT STRIP A LOT 1 now ;ism SCALE: i' = 40' 30' 15' - 430- 70' JOINT USE r ; DRIVEWAY �j EASEMENT STRIP B .[ S88'10'08"E 53.35 Lo U�- �,. U LOT � co co 290.39' 'gip" -�- - EAST VALLEY ROAD DETAIL OF THE EXISTING LOT 1—L.OT 2 COMMON ENTRANCE DRIVEWAY JOINT USE ✓ w, DRIVEWAY ' X EASEMENT STRIP C LOT 2 i tv_)) •�� U U 290.39' S88`1 0'08"E 53.35' _..--JOINT USE 16, DRIVEWAY 32' EASEMENT STRIP p SCALE: 1' = 40' LOT 3i 'd 32' CD CW EAST VALLEY ROAD 495.93' DETAIL OF THE EXISTING LOT 2—LOT 3 COMMON ENTRANCE DRIVEWAY o � 0 RELINQUISHMENT OF ALL EXISTING r AND FUTURE RIGHTS TO LIGHT, _Eft o I ROW CENTERLINE VIEW AND AIR, TOGETHER WITH ROW 73 0, w c THE RIGHTS OF ACCESS TO AND A BS8L Cn o FROM THE STATE HIGHWAY o �f - N REC. NO. 5376810 j�.5�f ,� ___ (00 • 7 � g 53 Y�! PLA v) `� . N Q� 2 N PCC 17.4'f "` "HANDICAPcl� N z Ir-"o `� PARKING" L_,� LOT LINE-_ R* 1 Q �� SIGN I . r BSBL --,, < j m o .�— 17.7' LOT 2____ LANCER l EX. BUILDING B I ------ Lon O o 1� 5 6, 5 0 8 S Q, FT. -------- Q- N 0 v� DRAINAGE EASEMENT 441j •76 J ` 1,2973 ACRES STORY CONCRETE . LOT LINE OFFICE BUILDING - N Q REC. N0, 9107080927 SR 167 EX. BUILDING A cL o Li III1--STORY - _ CONCRETE o Z o OFFICE BUILDING j � "HANDICAP ¢ o pLANTER EASEMENT FOR ELEC. 1 PARKING" 6 o "HANDICAP "HANDICAP ____o _ � ^inn ROW LINE �� �- DISTRIBUTION SYSTEM LOT 1 SIGN 17•6 z 4 PARKING PARKING" PCC 0 - a, a, I (TYP.) -r -;`� REC. NO. 7508060393 52 845 SQ, FT, IRR j 17,4' SIGN -___-_ _ 0 0o ao ty 57.56 ' I I I , r , 1.2132 ACRES ®---_____ • • E ° SIGN IRR ___ _ 00 r ® 00 I I r r I r C W r I C W p p • • U -- -- _ ---- 100' 16 5.0' 8 STD. I P S I - 73.0 -- I TOP OF---N,� i i i • ����; ; 6 STD. PS ,' 3 STD. ; , I .+ ' -- o 2 STD. I I i I I -- I BANK OF +` _ ' I I I PS ' 4 STD. PS I r I r -- 'I PARKING — PS - w i 1 + i r I I + '� (� , I I 4 I I I I i TL 30C303-9001 00 DRAINAGE PCC 1 F PS 3 STp. I FIRE LANE SIGN ^ WATERLINE EASEMENT NO BOEING PARKING °/r�--- -�-- [ r 4 PSI I ET z Q DITCH C° REC. N0. 9107080928 NO PARKING - JOINT USE �� S, , I 9 STD. PS I o BETWEEN SIGNS SIGN w ` ~ DRIVEWAY BENCH z F 00 t M �-- - 45.0' PCC FIRE LANE" SIGN W Ln jwi — — -- _ D CENTRAL STORM DRAIN MANHOLE JOINT USE c� lf) j i I , , ; ��l S i— — EASEMENT _ _ _ w w , 1 F I ' i NO PARKING - PCC STORM DR i -- ~ -- I � 00 BSBL 1 9 STD. PS DRAIN MANHOLE 1 [-- [ (SEE DETAIL) PCC �, OWS -- — = DRIVEWAY -� - ' I ' i , [ SANITARY SEWER + r s+ r 1 �" r r I r r r , , , , , , r T r I r- r r r r I , 1 1 r , , w I'I I I I I , o FIRE LANE SIGN I i R�\ i [ WVL i 15 �`'� EASEMENT � . - r I 10 STD. PS I +i , , -._, ; i <� c �D. r'r _-- FASEMEI��T ROW LINE l w 1 I ,~ 1 I r l r t,�. r\ / I"' �---+ i �_. I _ ` (T Y P .) ! - I f , f I I ! 1 :"`r I i I , -15� r i ,- 1 r 11 STD. PS -� i r , , �I CULVFR T�- I I I I / i , r REC N0. 91070800926 I (SEE DE-1 AIL) �1 D• O w I r , SWALE D0 �,, i 15 WATERLINE EASEMENT - --- z z i . WVLT -- ---------- - d�30.7Q' -- ---- - - -- o �'' RE O. 9107080928 i ` 1 , I 1 S BSBL* ----- - -- - ------ , 1 r I 15 STD. P 0 0 30.5' TS ,1 l ' , , I I I I I I I r I NO 0 0o CW ,I CD --- �- SWALE--� Jr 0� *4-9'rJ " -141. --- -- ----- _ ------------------------ � � I I ----------- 2 W 65' _ ------------------ - , 290.39 -�- © - W-- _ _ CW------------------- - -- Gr)- �1 30.0' - -- SWALE - LP t 99.11' z _i '�f—A C ---� CW --- ---- SWALE ------- I _ / W CD CW ------ --- --- ------------------�-- __ _-------------- --- 32.0' N. 1 /4 EC. 30 -- S 01 '49'52" W CW '- OR. S - CD FND, 1/2 BRONCE ROD � -q� --- � � � � - - W W/PUNCH IN CASE, DOWN 0.3' ---WEST LINE NW 1 /4, — VISITED 6-25-08 NE 1 /4, SECTION 30 -- — Z (CITY OF RENTON HORIZONTAL EXISTING LOT 1--SPECiFlC ROW CENTERLINE EAST VALLEY ROAD SET TACK IN EXISTING LOT 1—LOT 2 Y--�- CONTROL PNT. 1160) ENTRANCE DRIVEWAY EAST VALLEY RD. SHINDER LLS#44634 COMMON ENTRANCE DRIVEWAY U• N 170576.87 ---- --- � ..�. T (TYP.) (SEE DETAIL) 4 E 1297883.44 T ` —� -- ._._ �. . ~ 40 0 20 4-0 _ ROW MONUMENT E. VALLEY RD. `� �' -- FND. TACK IN 2" CONC. MON IN CASE, DOWN 1.0' `-- - -- VISITED 6-25-08 ( IN FEET } _ 1 inch = 40 ft. FII_LD SURVEY. LEGAL DESCRIPTION: THE FIELD SURVEY WAS PERFORMED JUNE 2008. SURVEY NOTES: ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS LOTS 1 THROUGH 3 OF STRADA DA VALLE SHORT PLAT, OTHERWISE NOTED. CITY OF RENTON FILE NO. LUA 09-042—SHPL, HORIZONTAL DATUM: ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME WASHINGTON COORDINATE SYSTEM, NAD 83/91, NORTH ZONE, SECTION SUBDIVISION: OF SURVEYS, PAGES ___ THROUGH _ UNDER KING COUNTY PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. SUBDIVISION OF SECTION 30, TWP. 23N, RGE. 5E, WAS CALCULATED PER RECORDING NO. RECORD OF SURVEYS "REC, NOS: 8202189001 AND 9111089007". BASIS OF BEARINGS: % — --'� CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230 * FRONT YARD BSBL NOTES: SOUTH 89'58'08" EAST 2659.31' (CALCULATED AND MEASURED). REFERENCES: n ' UNDER RENTON MUNICIPAL CODE SECTION INSTRUMENT: -- ,RECORD OF SURVEY, REC. NO. 8202189001 C� 4-2_--- 120, THE 10FOOT MINIMUM FRONT THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION, — RECORD OF SURVEY, REC. NO. 9111089007 Alv YARD BUILDING SETBACK SHOWN PER SERIAL NO. 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SE RIAL — RECORD OF SURVEY, REC. NO. 9509059008 06 RENTON'S COMMERCIAL ARTERIAL (CA) ZONE NO. 160230, -- RECORD OF SURVEY, REC. NO. 9606199001 ° 011 MAY BE REDUCED TO 0 FEET THROUGH -- RECORD OF SURVEY REC. NO. 9902129009' *40 RENTON'S SITE PLAN REVIEW PROCESS PRECISION: CITY OF RENTON HORIZONTAL SURVEY CONTROL Vk4 PROVIDED BLANK WALLS ARE NOT LOCATED PRECISION EXCEEDS 1:10,000 GROUND TRAVERSE METHODS AND WERE IN NETWORK WITHIN THE REDUCED SETBACK ACCORDANCE WITH WAC 332-130-090. -- WSDOT SR167 HIGHWAY MAP — S. 228TH. TO RENTON AUDITOR OR RECORDER'S CERTIFICATE Filed for record this day of , 20 at M. in Book of Surveys at page at the request of BUSH, ROED & HITCHINGS, INC. COUNTY AUDITOR OR DIVISION OF RECORDS & ELECTIONS County Auditor or Superintendent of Records SURVEYOR'S CERTIFICATE This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of STRADA DA VALLE LC in JUNE 2008 C icate No. 44634 ORM BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVENUE EAST (206) 323---4144 SEATTLE, WASHINGTON 1-800-935-0508 98102-3513 FAX# (206) 323-7135 PORTION OF NW 1/4, NE 1/4, SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD, RENTON. WA 98055 DRAWN BY RHT CHECKED BY JCW DATE: 9-13-10 IJOB # 2008105.00 SCALE: 1 " = 40 SHEET 1 OF 4 0 JOINT USE DRIVEWAY EASEMENT (SEE DETAIL) I F ! i BSBL* I I i =1 E-- Q LEGEND S, 167 A/C SET 5/8" REBAR & CAP LS#44634 (TYP.) ROW LINE (TYP.) 2.1' TO FACE RET. WALL rol r`6' CHAIN LINK FENCE ON 12" CONIC. RET. WALL W w w Lo N w L LUMBER YARD 0d0 TL 302303-9096 (n 8' WOOD BOARD FENCE �o z 3�: a z� U W W cD d� o w A/C cn z 2.4' TO FACE RET. WALL CAR 0 W LINE r i � (TYP.) CENTER OF SECTION (CALCULATED) S 01 '49'52" W 1316. 96' (SEE DETAIL SHEET 1) WEST LINE NW 1 /4 ROW CENTERLINE o EXISTING ROW MONUM EAST VALLEY ROAD NE 1/4, SECTION 30 EAST VALLEY RD. M LOT 3—SPECIFIC V) FND. 1-3/4 BRASS DASCEW%''D ' Row LINE ENTRANCE DRIVEWAY I IN CONIC. MON IN CASE, . — __._ (TYP.)- DOWN 0.4', VISITED 6-25-08 EAST 0.05' OF CALC. C\l INTERSECTION I9 20SECTION CORNER - FIRE DEPARTMENT CONNECTION 30 29 -Q- FIRE HYDRANT 19 QUARTER SECTION CORNER FT. FEET 30 G GAS MAIN 0 SURVEY MONUMENT ® GAS METER A/C ASPHALTIC CONCRETE PAVEMENT El GAS VALVE BSBL BUILDING SETBACK LINE HANDICAP PARKING SPACE (C) CALCULATED ®IRR IRRIGATION CONTROLLER ® CATCH BASIN - LIGHT POLE CC CONCRETE CURB -•- WALK LIGHT CD CONCRETE DRIVE NO. NUMBER PCC PORTLAND CEMENT CONCRETE PAVEMENT O/H P OVERHEAD POWER CW CONCRETE WALK _.--{ OUTFALL EC ELECTRICAL CONDUIT OWS OIL/WATER SEPARATOR ELEC. ELECTRICAL PS PARKING STALL ❑ ET ELECTRICAL TRANSFORMER STD STANDARD COMP COMPACT ❑ EV ELECTRICAL VAULT mv POST INDICATOR VALVE REC. RECORDING RET. RETAINING SD STORM DRAIN Q STORM DRAIN MANHOLE M.I_ WAS -- SIGN SQ. SQUARE 4A 0 20 4-0 z SS SANITARY SEWER R 44634 o a� IN FEET ) S� SANITARY SEWER MANHOLE: f inch = 40 ft.. Nl L Lp,N4 ® STREET LIGHT JUNCTION BOX -772 TC TELECOMMUNICATIONS CONDUIT I•S TELECOMMUNICATIONS SENTRY RECORD ° STR TVLT TELECOMMUNICATIONS VAULT 2400 EA' -�- UTILITY POLE W WATER MAIN DRAWN BY R ® WATER METER x WATER VALVE CHECKED BY J S 01 '49' 52" W 2639.12' o r, M c*� S. 1 /4 COR. SEC. 30 ---�'� FND. MON. IN CASE, VISITED 6---25-08 (CITY OF RENTON HORIZONTAL CONTROL PNT. 1160) -.+Wmmw 0 20 a w oU. N < �w Ln cn 0 O z 0�_ ry 4 0W U� m Lo T O N � cn V) Q N m W W L ] 00 ►� 00 -) u CY)rn 0000 ROW LINE ( TYP . ) r ROW LINE (TYP.) ROW CENTERLINE 10R 0 00 N01'49'52"E 00o 99.11 Z_ S02'43'24"W 168.40' 1 1 I W �--.WEST LINE NW 1 /4, o NE 1 /4, SECTION 30 co 0 20 ( IN FEET ) I inch = 40 ft. 1316.95'(C) SR 167 EAST VALLEY ROAD ( IN FEET ) 1 inch = 40 ft. s 01.49'52" w�� ``--ROW CENTERLINE EAST VALLEY RD. --WEST LINE NW 1 /4\—ROW CENTERLINE EAS VALLEY RD. NE 1 /4, SECTION 30 ROW LINE — TYP) __-. 167 W 028� 53 � Og EAST VALLEY ROAD i I� in p n ('6 12 34.59 _�- Y SEE STORM DRAIN EASEMENT STRIPS DETAIL BELOW .1 �_,N00'14'35"E - 1.70' — v) a Lo 6 00 r 1.70' W %c) wN d" LUMBER YARD 0000 V)V) - N00'14'35"E 1.70' 0 rz o zF- w w w z cn N J d- o w cn z ~ROW LINE (TYP.) S 01'49'52" W 1 S76'19'09"E � EX. BUILDING A 79.00 LOT 430.70' 1 1 0 ` 1 ti STORM DRAIN 1 ' _EASEMENT - STRIP A-1 N01 36 1 1"E I f T r a EX. BUILDING B -LOT LINE 6, 36 - STORM DRAIN EASEMENT STRIP A-2 7.50 r 1 N01436'11 "ELo STORM DRAIN 1 14.90' EASEMENT r STRIP C 1 S7R'19'09"E -- -- -- -- LOT 2 STORM DRAIN EASEMENT STRIP D S01'36'11 "W 122.02' R 5.00' N34'50'07"E O w 22.75' Co N in 0 15 34 STORM DRAT -' `° 3° ° EASEMENT to 000 0 STRIP B �. (j) ( IN FEET ) 1 inch = 30 ft. STORM DRAIN EASEMENT STRIPS ,o --xf- DETAIL STORM DRAIN EASEMENTS PORTION OF NW 1 /4, NE 1 /4, SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. RECORD OF SURVEY FOR: STRADA DA VALLE LLC 2400 EAST VALLEY ROAD, RENTON. WA 98055 DRAWN BY RHT DATE: 9-13-10 JOB # 2008105.00 CH ECKED BY JGW SCALE: 1 " ^ 40' SHEET 3 OF 4 LOT 1 S, 10 S36'53'46"E 10.16' S86'14'56"E 51.60' S48'07'37"E 1 1 17.11' 15.82' 1 LOT 2 i t , c W _ 1 GAS j LOT LINE EASEMENT j STRIP j 5.0' °° S76'42'53"E o 71.42 f co N86'53'00"E Z S.94' !1 S_--Ol *49'5. CW ROW CENTERLINE EAST VALLEY RD. __-----------_-------- 34.07' -. -�. N 01 '49' 52"E ��`------------------- CD CW EAST VALLEY ROAD IN LOT LINE C W C W L4 S79'56'54"E ! S05'08'08"W LOT 1 73.00' 23.00' - �.�. 5. - ELECTRICAL ELECTRICAL J -�-- 10: N EASEMENT EASEMENT �o STRIP 2 STRIP 1 0c ! 00 ----- ---__--� z 33.40' -. r i,.----------------------------- --------------- ------------------------------------ cw CD cW S 01 '49' 52" W ` ---ROW CENTERLINE EAST VALLEY RD. LOT 1 SO4'41'09"W CW 21.70' c LOT 2 _ �E S05'08'08"W 245.91' 0 290.391 ----------- LOT LINE LOT 3 C�J EV S00'52'03"W S00'52'03"W 44.89' 64 77' S56'51'32"W cw EAST VALLEY ROAD ELECTRICAL EASEMENT STRIPS DETAIL 60 z �=- oQ 00- LOT LINE 7WN -.- -- --- - , �J I it w j 1 S74'56' 44"E j 77.50' TELECOMMUNICATIONS TELECOMMUNICATIONS EASEMENT STRIP 2 10' o EASEMENT STRIP 1 1 Q 00 C co 1 ----------------------------------------- V) 30.0'S--al-- LOT 2 ,N 32'3lri'48 "W 100.00' o"X c� — SO4'41'09"Wcn _ 217•00' " TELECOMMUNICATIONS EASEMENT STRIP 3 --290.39' w co «o 00 LOT LINE Q a ELECTRICAL 71.50' ' EASEMENT �o Lo STRIP 3 z 1 S01 '49'52"W 105- 75' 1` - 32.o' — 1217.03 '-- - ---= ---------------- C D llfl cw LOT 3 1316.95'(C) Ll cw CD _ Ensr VALLEY Roan TELECOMMUNICATIONS EASEMENT STRIPS DET cw � � 1 LUA�09�042�SH L N Dw2 O�0542 KNOW ALL PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED, THE OWNER IN FEE SIMPLE OF THE LAND HEREBY SHORT PLATTED, HEREBY DECLARES THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME, AND THAT THIS SHORT PLAT IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER. IN WITNESS WHEREOF WE HAVE SET OUR HANDS. STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY BY:_-------- GARY M. MERLINO, MANAGER STATE OF WASHINGTON) ) SS. COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS --- DAY DAY OF —___. ----, 2010 GARY M. MERLINO APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS A MANAGER OF STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH LIMITED LIABILITY COMPANY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED THIS DAY OF ___._...� _____ _-----._.., 2010. (SIGNATURE OF NOTARY) (PRINT OR TYPE NAME OF NOTARY) NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING AT MY COMMISSION EXPIRES: VICINITY MAP NU I I U Z CUALL AUDITOR OR RECORDER'S CERTIFICATE Filed for record this day of , 2010 at M. in Book of Surveys at page at the request of BUSH, ROED & HITCHINGS, INC. COUNTY AUDITOR OR DIVISION OF RECORDS & ELECTIONS County Auditor or Superintendent of Records U.S. BANK NATIONAL ASSOCIATION, THE BENEFICIARY OF A DEED OF TRUST DATED APRIL 23, 2008 AND RECORDED UNDER KING COUNTY RECORDING NUMBER 20080501000406, HEREBY CONSENTS TO STRADA DA VALLE LLC'S EXECUTION OF THE ABOVE --STATED DECLARATION. U.S. BANK NATIONAL ASSOCIATION BY: .� _ ._____.� _ _________________ (SIGNATURE) (PRINT NAME) _—___ _______------------- (TITLE) STATE OF SS. COUNTY OF _ ..�. _. __—__---- ) CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS — —_- --_ DAY OF ---- 1 2010 APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE/SHE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS __...._______----___._.._ ..__________________ OF U . S. BANK NATIONAL ASSOCIATION AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR THE USES AND PURPOSES THEREIN MENTIONED. LEGAL DESCRIPTION: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. EASEMENTS AND OTHER RECORDED INSTRUMENTS: 1. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1962 RECORDING NO.: 5376810 IN FAVOR OF: THE STATE OF WASHINGTON 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 6, 1975 RECORDING NO.: 7508060393 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. DATED THIS __. W ._____ _ DAY OF _..._____._______________, 2010. 3. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1979 RECORDING NO.: 7906250761 (SIGNATURE OF NOTARY) 4. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STRADA DA VALLE, A WASHINGTON GENERAL PARTNERSHIP (PRINT OR TYPE NAME OF NOTARY) AND: CITY OF RENTON RECORDED: SEPTEMBER 19, 1990 NOTARY PUBLIC IN AND FOR THE STATE OF RECORDING NUMBER: 9009190703 --- ----, RESIDING AT 5. TERMS AND CONDITIONS OF SEWER GRADE RELEASE MY COMMISSION EXPIRES: RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 CITY OF RENTON EXAMINED AND APPROVED THIS __. DAY OF CITY OF RENTON ADMINISTRATOR, DEPARTMENT OF PUBLIC WORKS KING COUNTY ASSESSOR EXAMINED AND APPROVED THIS KING COUNTY ASSESSOR 2010. DAY OF ----------------, 2010. DEPUTY KING COUNTY ASSESSOR PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON SHORT PLAT NO. LUA-09-042—SHPL, LND-20-0542 This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of STRADA DA VALLE LLC in DEC. 2009 Certificat_^o. 44364 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 81 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080928 IN FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 10. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING LID PARTICIPATION RECORDED: APRIL 21, 1994 RECORDING NO.: 9404210637 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY JGW DATE: JAN. 2010 JOB # 2008105.00 CHECKED BY JMH I SCALE: N/A I SHEET 2 OF 4 co m iV cu aN! � \--,-NE COR. SEC. 30 FND. TACK IN CONCRETE MON. , DOWN 0.5', VISITED 6-25-08 (CITY OF RENTON HORIZONTAL CONTROL PNT. 230) N 170575.43 E 1300542.75 0 W o� N < �W co (n,d.ID 0 a,-' � o Q l W r M Loj- QD - /ff ` ) V 4/ N Q7 LA w ¢o it oo ROW LINE m U I (TYP.) 00 00 V) in �✓• 1 0 0' a I 57.56' DECLARATION OF COVENANT LUA O � �� � b H � L THE WITHIN WTHIS( SHORT7PLAT, ANN EMBRACED DRAINAGE EASEMENT REC. NO. 9107080927 CONSIDERATION OF THE BENEFIT TO ACCRUE FROM THIS SHORT SUBDIVISION, BY SIGNING HEREON COVENANT AND AGREE TO CONVEY THE BENEFICIAL INTEREST IN THE NEW JOINT USE DRIVEWAY EASEMENT SHOWN ON THIS SHORT PLAT AND MORE FULLY DESCRIBED IN THE "DECLARATION OF EASEMENTS, COVENANTS AND AGREEMENT RUNNING WITH THE LAND" (RECORDED UNDER KING COUNTY RECORDING NO. TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISIONS THEREOF. THIS COVENANT SHALL R U N WITH THE LAND THAT IS THE SUBJECT OF THIS SHORT PLAT. RELINGQUISHMENT OF ALL EXISTING NOTE: A RECORD OF SURVEY OF THE AND FUTURE RIGHTS TO LIGHT, SUBJECT PROPERTY HAS BEEN VIEW AND AIR, TOGETHER WITH RECORDED UNDER KING COUNTY THE RIGHTS OF ACCESS TO AND RECORDING NO. FROM THE STATE HIGHWAY REC. N0. 5376810'--------•--•-.---'-_.....�._--`.."_'-.---o'- 's #,% -7 ��4Z.lfo- S ro— EASEMENT FOR ELEC. DISTRIBUTION SYSTEM REC. NO. 7508060393 �32 845 SQ, FT. L i 1 1,2132 ACRES 2. 0 EAST VALLEY RD0 092 PROPOSED LOT LINE Sp I ro7 .®- 2-96r15 LOT 2 56,508 SQ, FT. 1,2973 ACRES 2400 EAST VALLEY RD *2: CN 04 PROPOSED\ LOT LINE �L4NE-CASEMENT -r0- 0JOINT USE z - REC. NO. G-7080928 DRIVEWAY uj r- . o �� ® ` '' -00 cn- - iLd EASEMENT w w v I � — -- -�(SEE DETAIL_ A) ln z � _ 06 ~ �- I 15' SANITARY SEWER -- EASEMENTROW LINEREC. NO. 91070800926 TYP. `` o15'WATERLINE EASEMENT )o w �"` .r I,REC. NO. 9107080928z z 0.70 , 1 I o S 01 "49'52 W 290.39 5 01'49'52" W SET TACK IN N. 1 /4 COR. SEC. 30� ^" -- - _ _ _ LEAD PLUG & Ll FND. 1/2" BRONZE ROD S 01'49'52" W � `�' -- SHINER LS#44634 --- - ----.-.� W/PUNCH IN CASE, DOWN 0.3' o WEST LINE NW 1 /4, _- VISITED 6-25-08 ;n � NE 1 /4, SECTION 30 :ROW CENTERLINE VALLEYAST (TYP.) -- I CITY EAST VALLEY RD. ROAD ( OF RENTON HORIZONTAL ROW LINE CW I�- CONTROL PNT. 1160} (TYP.) � N 170576.87 -r- -- -.. E 129 7883.44 ROW MONUMENT E, VALLEY RD, SURVEY NOTES: _. FND. TACK IN 2" CONC. MON IN CASE, DOWN 1.0' HORIZONTAL DATUM: I VISITED 6-25--08 WASHINGTON COORDINATE SYSTEM, NAD 83/91, NORTH ZONE, PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. REFERENCES: - RECORD OF SURVEY, REC. NO. 8202189001 -- RECORD OF SURVEY, REC. NO. 9111089007 - RECORD OF SURVEY, REC. NO. 9509059008 - RECORD OF SURVEY, REC. NO. 9606199001 - RECORD OF SURVEY, REC. NO. 9902129009 -- CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK - WSDOT SR167 HIGHWAY MAP - S. 228TH. TO RENTON -- DECLARATION OF EASEMENTS, COVENANTS AND AGREEMENT RUNNING WITH THE LAND REC. N 0 . BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, SOUTH 89058'08" EAST 2659.31' (CALCULATED AND MEASURED). INSTRUMENT: THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION, SERIAL NO. 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SERIAL NO. 160230. PRECISION: PRECISION EXCEEDS 1:10,000 GROUND TRAVERSE METHODS AND WERE IN ACCORDANCE WITH WAC 332-130-090. FIELD SURVEY: THE FIELD SURVEY WAS PERFORMED JUNE 2008. ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS OTHERWISE NOTED. SECTION SUBDIVISION: SUBDIVISION OF SECTION 30, TWP. 23N, RGE. 5E, AND R.O.W. SOLUTION FOR PRIMARY STATE HIGHWAY NO. 5 WERE CALCULATED PER RECORD OF SURVEYS, KING COUNTY RECORDING NUMBERS 8202189001 AND 9111089007. SITE MAP PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305--- 9103--- 09 DRAWN BY JGW DATE: JUL. 2010 JOB # 2008105.00 CHECKED BY JMFI I SCALE: 1" = 40' SHEET 3 OF 4 1 n,w+ LUA�09�042�SHPL r- N I I N � PROPOSE � LOT LINE • I . I I wrk f 00 I • A 0 zoM 00 c , J I __ I• i L I f . I v � f R 1 C)7 ` f r r r r r r r \ \ r r ~r \ 1 \ ZN I W00 V„ 0 j Q r- I I w� w °' I f I :Z LOT f or w . f EX. B 134,074 SQ, FT. I I I BUILDING C 3,0779 ACRES i I 1--STORY CONCRETE I f OFFICE BUILDING 2 0 EAST VALLEY RD 28,443± SQ. FT. I WATERLINE EASEMENT AT GROUND LEVEL I REC. NO. 9107080928 I I f I �-- 15 --� �--- 15' I I I f f � f_ I I I SANITARY SEWER EASEMENT REC. NO. U'- I 91070800926 = v 15 f o j � ! I 495.93' I I I I 1217.03' SET 5/8" REBAR & CAP LS#44634 , (TYP.) �� J W f LO in ;t LUMBER YARD 00 V) c �z 0 W� z cn r- V)z I o BROW LINE (TYP.) CENTER OF t 1 . Z 1316.96'(C) '� SECTION (CALCULATED) • 1316.95'(C) — -- _ �. _ S 01 '49' 52" W 1316.9 6' S 01 '49' 52" W 3,0 2639.12' ROW MONUMENT E. VALLEY HWY�� EAST VALLEY ®�� - o FND. 1-3 4 BR S. 1 /4 COR. SEC. 30 ---� WEST LINE NW 1 /4, ROW CEt'JTERf_INE �, „ NE 1 4, SECTION 30 EAST VALLEY RD. r` c IN CONIC. MCN IN CASE, W/ + �--- � FND. MON. IN CASE, / ROW LINE `D DOWN 0.4', VISITED 6-25-08 VISITED 6-25-08 EAST 0.05 OF CALC. INTERSECTION LEGEND I � 19 RQ / SECTION CORNER ` � / 3 2B9 SITE MAP 19 _ QUARTER SECTION CORNER -r %C./ 30 PORTION OF NORTHWEST QUARTER Of SURVEY MONUMENT NORTHEAST QUARTER OF SECTION WA� TOWNSHIP 23 NORTH RANGE 5 EAST, (C) CALCULATED 40 U 20 40 � � � R' � o FT. FEET � V CITY OF RENTON ( IN FEET) <N 4463 �., + + NO. NUMBER 1 inch = 40 ft. S HORT PLAT NO. LUA— 09 - /���L LAND �� LND-20- REC. RECORDING N SQ. SQUARE STRAIDA DA VALLE SNORT PL, 0 SET 5/8" REBAR & I.D. CAP 2400 EAST VALLEY ROAD, RENTON. WA 98C LS #44634 m w_m I TAX LOT 302305— 9103— 09 SET TACK IN LEAD PLUG WITH BRASS I.D. DISK LS #44634 IPA, N", 4 SEC* 194h & NE 1."M N 0f �G 1801 F 1 I 2 1/ 1 S.P 431- 79 I 9 96 7 09 14.84 Ac r• 1. 13 1/!r /r i1 910.93 1 1 4` 1 IE II � I1 r 11 n 11 iI it 1 1 z 1.8Z Ac. G0V'T. L-0T' ! 8� 30.00 Ac, �`� N 1 I J t i r 70 VE r U 1 I � Mobil Gi i i Corp. ari L•----_ 0 0 1 38 Ac 963.4t U-1 -It U} 11 ry x 7.23 Ac. 0 U W W' 4 00 Q k V i O _ 0LLJ 0. 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N Q Q a$ ^� 63 21 Q 126.35 s�-� 114- 22 0 �{ 52.09 U? S. n P?ND PL. :?. Z7TH PL. M 36 .$a Z� k m � 1 .58 1 v, W 129.3 0� T 23 N, R 5 Ej W.M. I I A I td .( 1i fc I i'i 14) 1In- "-ramhI -J t ' k S. , C`er 18TH S T? k • d �o ,�o (0 166 h r- - , Iw54SH. NArm.. 0645 ecj p.+sa A44 MAUR.1 GA CO. Li 12 W �`' - S�ko 1 n `� E 54 15744 15D'!i 179..03 12s 4 66 ?B3 22¢I f 84.79 102.03 110.04 100.91 Zf� 175 .3,5- 10 RRN �ES.iIT � N a� 11 a;, 7 - ' �40 W 199.57 E 12Q.9 �+ 1 1 L V ,. ESgbO I hi 1 4 SRN*T- q 50 �2 a44 ( ! a I 15 .S n So 8 1 1 Cj Lo0""� 1 tp v`' IQ8,98 102 �` I II 71.64 I7S•09 S. 23RD �Q. ST. -------+d r,�� ter-_ � ' �. I i i �. •-- I I Et �7 � �� _ / t + � •• _r 1_ _,'1 �' It, {r Thomas Teasdale Park A!!, r1 rn 'u I A 11, ► t - AREA' City of/Renton Renton School � c Dist No- 403 1[\ 11.21 Ac. 9-66 Ac. T3 05 665.43 45 t 15 90 7IE .IZ 1 29 2.8 i 27 36 . 37 36 35 N• .1 � _ � o' � an 4, 7 4 'Y 50 z S. 2 5 TH S T r` � 450 oti 1?6 . a4 157.6 Z i r 41 m 0 32 r } rr SSj �a r G,� 3 ?;fs " �L J °' 3 311 S. zsT,� cr. t6 . titi' � 1 5. i 45 `� 43 ��,.�� ix 36 34 h 7 v 2 lay IU9.65 iO3 r c� �� 4 AA 3.7l 5 h O 21 Qi11.44 / S Ti r (� S. 28TH 65 9 0 3l 31ST "( tr4ti 57 55 2 ,9� 'V A� 5r , ri 6s , . 71 11 � 9 PARK 1 121.63 39 s.91 135,49 ST. T6.92 gq d0 29 0 30 31 32 33 S 34 ,� $ 75 7473 '� Id Z 2.3 AC- r� ` 01�,�((�� VICINITY MAP il NOT TO SCALE 4 GRAPHIC SCAM 200 0 100 200 400 ( IN FEET ) 1 inch = 200 ft. 0 4 �� J OYMER'S DECLARATION: KNOW ALL PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED, THE OWNER IN FEE SIMPLE OF THE LAND HEREBY SHORT PLATTED, HEREBY DECLARES THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME, AND THAT THIS SHORT PLAT IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER. IN WITNESS WHEREOF WE HAVE SET OUR HAND. STRADA DA VALLE LLC A WASHINGTON _ AS INGTON LIMITED LIABILITY COMPANY GARY M. WtERL-tro0, MANAGER STATE OF WASHINGTON) ) SS. COUNTY OF KING } I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS __._.__j S_.�._ DAY OF � �• _ " _ 9 2010 GARY M. MERLINO APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGE IT AS A MANAGER OF STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH LIMITED LIABILITY COMPANY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATE THIS _ 1� DAY OF A04°__. ._--___, 2010. (SIGNATURE OF NOTARY) �0""�r�r �AYL12�� (PRINT OR TYPE NAME OF NOTARY) o�'�- q% NOTARY PUBLIC IN AND FOR THE STATE OF ,ois UB�► Ik WASHINGTON -A RESIDING AT SCit L MY EXPIRES. �iCOMMISSION : �. 1. 01 'hell of VNN$�,,�`'`. VICINITY MAP rev 1 f V 3WALL AUDITOR OR RECORDER'S CERTIFICATE Filed for record this day of , 2010 at M. in Book of Surveys at page at the request of BUSH, ROED & HITCHINGS, INC. COUNTY AUDITOR OR DIVISION OF RECORDS & ELECTIONS County Auditor or Superintendent of Records U.S. BANK NATIONAL ASSOCIATION, THE BENEFICIARY OF A DEED OF TRUST LEGAL DESCRIPTION: DATED APRIL 23, 2008 AND RECORDED UNDER KING COUNTY RECORDING NUMBER THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST 20080501000406, HEREBY CONSENTS TO STRADA DA VALLE LLC'S EXECUTION OF QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5- EAST, W.M., THE ABOVE —STATED DECLARATION. KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST U.S. BANK NATIONAL ASSOCIATION MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. B Y: _ Spo SIGNATURE) C 1-?d14 PDX-j.�.._�.... (PRINT NAME) EASEMENTS AND OTHER RECORDED INSTRUMENTS: �' � �_1( TITLE) _----� -.. — _ _ -- .--__— _........._ 1. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STA�I•E OF i �) STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: SS. RECORDED; JANUARY.18, 1962 _. RECORDING NO.: 5376810 COUNTY OF .�,�__�..._.._...�_ } IN FAVOR OF: THE STATE OF WASHINGTON I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: _ DAY OF t40gt-.2010 RECORDED: AUGUST 6, 1975 va ! PAA _ �� ______ APPEARED BEFORE ME AND RECORDING NO.: 7508060393 ACKNOWLEDGED THAT HE/SHE SIGNIED THE INSTRUMENT, ON OATH STATED THAT IN FAVOR OF: PUGET SOUND POWER AND LIGHT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT COMPANY, A WASHINGTON CORPORATION AS _ _ �_ `'wv-------------- OF U,S. BANK FOR: ELECTRIC TRANSMISSION AND/OR NATIONAL ASSOCIATION AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE DISTRIBUTION SYSTEM AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR THE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT USES AND PURPOSES THEREIN MENTIONED. LOCATION. DATED THIS __ .. ' DAY OF _ t� _____,�_-_, 2010, 3. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT _ RECORDED: JUNE 25, 1979 RECORDING NO.: 7906250761 (SIGNATURE 6F NOTARY) 4. INDEMNITY AGREEMENT AND THE TERMS AND CONDI TIONS THEREOF: BETWEEN: STRADA DA VALLE, A WASHINGTON GENERAL '� PARTNERSHIP (PRINT OR TYPE NAME OF NOTARY) AND: CITY OF RENTON RECORDED: SEPTEMBER 19, 1990 NOTARY PUBLIC IN AND FOR THE STATE OF RECORDING NUMBER. 9009190703 ...� _ _...., RESIDING �` �_.0.0 � Nl.(�'Irr���� 5. TERMS AND CONDITIONS OF SEWER GRADE RELEASE MY COMMISION EXPIRES: • 1 +� 01' ____ ,a• t �Q� RECORDED: SEPTEMBER 19, 1990 RECORDING NO.: 9009190704 s s 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: `"%►3t� RECORDED: NOVEMBER 19, 1990 ''.�► N?. fg.N r+ _r RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT ���'��1►s�„ ♦o��' COMPANY, A WASHINGTON CORPORATION CITY OF RENTON FOR: ELECTRIC TRANSMISSION AND/OR < < EXAMINED AND APPROVED THIS _-_. ___ DAY OF �-�� .�, DISTRIBUTION SYSTEM AFFECTS• REFER CITY OF RENTO DMIN TO SAID INSTRUMENT FOR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: TOR, DEPARTMENT OF PUBLIC WORKS RECORDED: JULY 81 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON KING. COUNTY ASSESSOR FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES EXAMINED AND APPROVED T;­-IIS-------- DAY OF ----------------, 2010. AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT KING COUNTY ASSESSOR mo art. o� w,asy� Ir� ' • ��'� T 70 - o 44634 �v GIST L LAN4 SURVEYOR'S CERTI ICA'TE LOCATION. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 83 1991 DEPUTY KING COUNTY ASSESSOR RECORDING NO.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: PORTION OF NORTHWEST QUARTER OF THE RECORDED: JULY 81 1991RECORDING NO,: 9107080928 NORTHEAST QUARTER OF SECTION 30, IN FAVOR OF: CITY OF RENTON TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT C17Y OF RENTON LOCATION. 10. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING LID C)HORT PLAT NO. LUA--09-042---SHPL PARTICIPATION LND-20-0542 .RECORDED: APRIL 21, 1994 RECORDING NO.: 9404210637 This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of STRADA DA VALLE LLC in DEC. 2009 Certificate No. 44364 ORN BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVENUE EAST (206) 323-4144 SEATTLE, WASHINGTON 1-800-935-0508 98102-3513 FAX# (206) 323-7135 STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-9103-09 DRAWN BY JGW I DATE: 9-13-10 1 JOB # 2008105.00 CHECKED BY JMH I SCALE: N/A I SHEET 1 OF 4 LQEND TOTAL AREA: 243,427 SQ.FT. (5.5883 ACRES) LOT SQUARE FOOTAGES; LOT GROSS AREA AREA IN JOINT USE DRIVEWAY EASEMENTS NET AREA (GROSS AREA LESS JOINT USE DRIVEWAY EASEMENTS LOT 1 52,845 SQ.FT. 800 SQ.FT. 52,045 SQ.FT. LOT 2 56,508 SQ.FT. 1,653 SQ.FT. 54,855 SQ.FT. LOT 3 134,074 SQ.FT. 854 SQ.FT. 133.220 SQ.FT. /,q - g--1(9 +mc"_ NE CQR. SEC. 30 FND. TACK IN CONCRETE MON. , DOWN 0.5% VISITED 6-25-08 (CITY OF RENTON HORIZONTAL CONTROL PNT. 230) N 170575.43 E 1300542.75 U A� 0 900'L 04 2 � S H P L LN D0�054Ar DECLARATION OF COVENANT THE OWNER(S) OF THE LAND EMBRACED JOINT USE WITHIN THIS SHORE" PLAT, IN DRIVEWAY CONSIDERATION OF THE BENEFIT -TO ACCRUE FROM THIS SHORT SUBDIVISION, EASEMENT BY SIGNING HEREON COVENANT AND STRIP A AGREE TO CONVEY THE BENEFICIAL LOT 1 INTEREST IN THE NEW JOINT USE DRIVEWAY EASEMENT SHOWN ON THIS SHORT PLAT AND MORE FULLY DESCRIBED IN THE "DECLARATION OF EASEMENTS, COVENANTS AND AGREEMENT RUNNING WITH THE LAND" (RECORDED UNDER KING COUNTY JOINT USE DRIVEWAY JOINT USE 30' EASEMENT DRIVEWAY ! 15' ! STRIP B EASEMENT Lon STRIP C ! LOT 2 LOT 2 . 30.0' CD RECORDING NO. EAST VALLEY ROAD ------------ TO ANY AND ALL FUTURE PURCHASERS OF THE LOTS, OR OF ANY SUBDIVISIONS THEREOF. THIS COVENANT SHALL RUN WITH THE LAND THAT IS THE SUBJECT OF THIS SHORT PLAT. CW DETAIL A --� SCALE: 1' = 40' � JOINT USE is, DRIVEWAY 32' EASEMENT STRIP D .LOT 3 32' a A CD CW EAST VALLEY ROAD DETAIL B �.• SCALE: 1 w 40 W W 3 0.1 RELINQUISHMENT OF ALL EXISTING NOTE: A RECORD OF SURVEY OF THE R 167 AND FUTURE RIGHTS TO LIGHT, SUBJECT PROPERTY HAS BEEN S 12 o VIEW AND AIR, TOGETHER WITH RECORDED UNDER KING COUNTY ©� THE RIGHTS OF ACCESS TO AND RECORDING NO. � FROM THE STATE HIGHWAY ' q` N ¢ ' REC. N0. 5376810_..__....._.�- -_--...._-.- --- - - -_- -_._..__,._ 0 �• w l� ��.� co o z LOT LINE fY J o • wC11LOT 2 rq . 0 -7 -76, 56, os SQ. FT. N 0 V) DRAINAGE EASEMENT �R � '�' LOT LINE 1.,2973 ACRES • N I REC. N0. 9107080927 �_ 2400 EAST VALLEY RD ww W ¢ o ' EASEMENT FOR ELEC. 52,845 SQ, FT, LOT 1 00 i. 00 ROW LINE DISTRIBUTION SYSTEM 1,2132 ACRES (TYP.) �" REC. NO. 7508060393 00 00 57.56' 2300 EAST VALLEY RD 00 cn cn 00 • V)~m Dw J �V) 00 f WATERLINE EASEMENT (A ---- - T JOINT USE z i¢- o REC. N0. 9107080928 f-- W �7 t�-�DRIVEWAY o w o z F j 00 t� �-- --� 45.00 fi ! EASEMENT 7_ w + '` -- ! w w w Q�� • � I - ! (SEE DETAIL A} LO 4 ( f z C� '` `- ! r ! 15' N SANITARY SEWER w `1 f mot" ROW LINE 00 `' �- o ! C) I I EASEMENT > ! • �(TYP.) Z `'� -- y i �, 1 i J r _ i� --- -� -� - REC. N0, 91070800926 I 00- f C1, 1 WATERLINE ASEIviEN"f z z __ : 00 ! �" REC. NO. 9107080928 f j 430. 70 � ! ! � f S 011949152" W 290.39' + • I • •- N. 1 /4 COR. SEC. 30� _ `-` S 01'49'52" W _ SET TACK IN • FND. 1/2" BRONZE ROD -- — LEAD PLUG & -- W il WEST LINE NW 1 /4, S 01'49'52" W SHINER LS#44634 -- � Z W/PUNCH 1N CASE, DOWN 0.3 � o � � � � � � � --- _ �� --------- VISITED 6--25-08 n NE 1 /4, SECTION 30 ROW CENTERLINE (TYP.) -- -� ^J (Y OF RENTON HORIZONTAL ROW LINE EAST VALLEY RD. EAST VALLEY ROAD a:-- 1 CONTROL PNT. 1160) ET; P.) V N 170576.87 - -- --- E 1297883.44 _ ROW MONUMENT E. VALLEY RD, SURVEY NOTES: --^ _. FND. TACK IN 2" CONC. MON IN CASE, --- ---- DOWN 1.0' HORIZONTAL DATUM: VISITED 6-25-08 WASHINGTON COORDINATE SYSTEM, NAD 83/91, NORTH ZONE, PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. I REFERENCES: - RECORD OF SURVEY, REC. NO. 8202189001 - RECORD OF SURVEY, REC. NO. 9111089007 - RECORD OF SURVEY, REC. NO. 9509059008 - RECORD OF SURVEY, REC. NO. 9606199001 -- RECORD OF SURVEY, REC. NO. 9902129009 -Y- CITY OF RENTON HORIZONTAL 4 SURVEY CONTROL NETWORK - WSDOT SR167 HIGHWAY MAP -- S. 228TH. TO RENTON BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, SOUTH 89.58'08" EAST 2659.31' (CALCULATED AND MEASURED). INSTRUMENT: THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION, SERIAL NO. 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SERIAL NO. 160230. PRECISION: PRECISION EXCEEDS 1:10,000 GROUND TRAVERSE METHODS AND WERE IN ACCORDANCE WITH WAC 332--130--090. FIELD SURVEY: THE FIELD SURVEY WAS PERFORMED JUNE 2008. ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS OTHERWISE NOTED. SECTION SUBDIVISION: SUBDIVISION OF SECTION 30, TWP. 23N, RGE. 5E, AND R.O.W. SOLUTION FOR PRIMARY STATE HIGHWAY NO. 5 WERE CALCULATED PER RECORD OF SURVEYS, KING COUNTY RECORDING NUMBERS 8202189001 AND 9111089007. RN BUSH, RQED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVENUE EAST (20323- 4144 SEATTLE, WASHINGTON 1-800-935-0508 98102--3513 FAX# (206) 323-7135 SITE MAP PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 6 EAST, W.M. CITY OF RENTON SHORT PLAT NO. LUA--09---042-SHPL LND--20-0542 STRAIDA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-- 9103— 09 DRAWN BY JGW DATE: 9-13-10 JOB # 2008105.00 CHECKED BY JMH j SCALE: 1 " = 40' SHEET 3 OF 4 1 SET 5/8" REBAR I & CAP I C`#/A AGZA ' ROW LINE r (TYP.) r .UMBER YARD 0 to z 0 F- 0 W C!l W Z LUA�09�042�SH LND,=20�0542 �-- ROW LINE � (TYP.) CENTER OF SECTION (CALCULATED) Ll _ b 01'4952" W 131 fi.96' < EAST VALLEYROW MONUMENT E. VALLEY HWY. ROAD WEST LINE NW 1/4, ROW CENTERLINE o FND. 1-3/4 BRASS " NE 1/4, SECTION 30 EAST VALLEY RD. IN CONC, MON IN CASE, W/ +.-- -- -- ROW LINE DOWN 0.4', VISITED 6-25-08 -- __ ) (TYP.EAST 0.0 ._._. T_ 5 OF CALL. INTERSECTION = LEGEND 19 20 SECTION CORNER 3Q 29 19 QUARTER SECTION CORNER 30 0 SURVEY MONUMENT (C) CALCULATED FT. FEET N0. NUMBER REC. RECORDING SQ. SQUARE o SET 5/8" REBAR & I.D. CAP LS #44634 SET TACK IN LEAD PLUG WITH BRASS I.D. DISK LS #44634 10-9-167 iM S 01 "49'52" W 2639.12' M S. 1 /4 COR. SEC. 30 FND. MON. IN CASE, VISITED 6---25-08 SITE MAP LUA�0,,j�042�SHPL LN D0wO542. OWNER'S DECLARATION: KNOW ALL PEOPLE BY THESE PRESENTS THAT THE UNDERSIGNED, THE OWNER IN FEE SIMPLE OF THE LAND HEREBY. SHORT PLATTED, HEREBY DECLARES THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF SAME, AND THAT THIS SHORT PLAT IS MADE WITH THE FREE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE OWNER. IN WITNESS WHEREOF WE HAVE SET OUR HAND, STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY BY: (_ 4M-3 GARY M. MERMANAGER STATE OF WASHINGTON) ) SS. COUNTY OF KING ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS DAY OF�_�_' _ .___, 2010 GARY M. MERLINO APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE SIGNED THE INSTRUMENT, ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS A MANAGER OF STRADA DA VALLE LLC, A WASHINGTON LIMITED LIABILITY COMPANY, TO BE THE FREE AND VOLUNTARY ACT OF SUCH LIMITED LIABILITY COMPANY FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. DATED THIS _ __r_ _ DAY OF CAS') "ER__ _--____._., 2010. (SIGNATURE OF NOTARY) Ai�Y ZAI (PRINT OR TYPE NAME OF NOTARY) i NOTARY P1 R•PI IC IN AND FOR THE STATE OF AIJt"40IK CT WASHINGTON, RESIDING AT_C-1i_L -'_'�' MY COMMISSION EXPIRES. A. I 9 QL01 � �'�00 --" 111111 OF WA ~ VICINITY MAP Filed CONFORMED COPY in B( BUSK A AM ZW11V11z900tovj4 COUI CITY OF RENTON SPM 143.00 PAGE -001 OF 004 01/12/2011 12:17 Coun NU I 1 U bUALL M. �alst of 'I ON S 'ecords U.S. BANK NATIONAL ASSOCIATION, THE BENEFICIARY OF A DEED OF TRUST DATED APRIL 23, 2008 AND RECORDED UNDER `KING, COUNTY RECORDING NUMBER 20080501000406, HEREBY CONSENTS TO STRADA DA VALLE LLC'S EXECUTION OF THE ABOVE —STATED DECLARATION. U.S. BANK NATIONAL ASSOCIATION BY: —___ (SIGNATURE) Cb - �_ (PRINT NAME) STATE OF t �.L�.CJ ) SS. COUNTY OF _ .1------- ) II CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT ON THIS ­11---- DAY OF r4o --- 2010 g1 _ � �:` APPEARED BEFORE ME AND ACKNOWLEDGED THAT HE/SHE: SIGNED THE INSTRUMENT, ON OATH STATED THAT HE/SHE WAS AUTHORIZED TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS`__��___[t� __ ___.�.�_.:------ OF U.S. BANK NATIONAL ASSOCIATIONANDACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF U.S. BANK NATIONAL ASSOCIATION FOR THE USES AND PURPOSES THEREIN MENTIONED. DATED THIS �.__. _.______ DAY OF (SIGNATURE CIF NOTARY) ®4e101( (PRINT OR TYPE NAME OF NOTARY) NOTARY PUBLIC IN AND FOR THE STATE OF ® . i:tORESIDING AT kl,$=9, MY COMMISION EXPIRES: �Q-0- LEGAL DESCRIPTION. THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PRIMARY STATE HIGHWAY NO. 5 AND LYING EASTERLY OF THE EAST MARGIN OF THE EAST VALLEY HIGHWAY; EXCEPT THE NORTHERLY 100 FEET THEREOF. EASEMENTS AND OTHER RECORDED INSTRUMENTS: 1. RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR, TOGETHER WITH THE RIGHTS OF ACCESS TO AND FROM THE STATE HIGHWAY CONSTRUCTED ON LANDS CONVEYED BY INSTRUMENT: RECORDED: JANUARY 18, 1962 RECORDING NO.: 5376810 .IN FAVOR OF: THE STATE OF WASHINGTON 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: AUGUST 6, 1975 RECORDING NO.: 7508060393 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 2010. 3. TERMS AND CONDITIONS OF TEMPORARY WATER SERVICE AGREEMENT RECORDED: JUNE 25, 1979 RECORDING NO.: 7906250761 CITY OF R EIS TON EXAMINED AND APPROVED THIS _ _ _ DAY OF NTRN U 41A CITY OF RENTO 1 DMIN1,8TRATOR, DEPARTMENT OF PUBLIC WORKS KING COUNTY ASSESSOR i ( EXAMINED AND APPROVED THIS _. � �� __ DAY OF ______, 20+0. L 6v d Pwoi �!l/� A", KIN6 COUNTY ASSESSOR DEPUTY KING COUNTY ASSESSOR 3023 0 5 -• R103 /,9- /o me ov wASy�ti 44634 �iS'�j C/ST ANAL LA�O SURVEYOR'S CERTIFICATE PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON OHOI?T PLAT NO, LUA-09-042---SHPL LND-20---0542 This map correctly represents a survey made by me or under my direction in conformance with the requirements of the Survey Recording Act at the request of STRADA DA VALLE LLC in DEC. ^ , 2009 Certificate No. 4436,4 4. INDEMNITY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: STRADA DA VALLE, A WASHINGTON GENERAL PARTNERSHIP AND: CITY OF RENTON RECORDED: SEPTEMBER 19, 1990 RECORDING NUMBER: 9009190703 5. TERMS AND CONDITIONS OF SEWER GRADE RELEASE RECORDED: SEPTEMBER 19, 1990 RECORDING NO,: 9009190704 6. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: NOVEMBER 19, 1990 RECORDING NO.: 9011190430 IN FAVOR OF: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORA T ION FOR: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 7. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 81 1991 RECORDING NO.: 9107080926 IN FAVOR OF: CITY OF RENTON FOR: CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 8. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 8, 1991 RECORDING NO.: 9107080927 IN FAVOR OF: CITY OF RENTON FOR: DRAINAGE AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 9. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JULY 81 1991 RECORDING NO.: 9107080928 IN FAVOR OF: CITY OF RENTON FOR: PUBLIC UTILITIES AFFECTS: REFER TO SAID INSTRUMENT FOR THE EXACT LOCATION. 10. TERMS AND CONDITIONS OF RESTRICTIVE COVENANT REGARDING LID PARTICIPATION RECORDED: APRIL 21, 1994 RECORDING NO.: 9404210637 BFM BUSH, ROED & HITCHINGS, INC. CIVIL ENGINEERS & LAND SURVEYORS .2009 MINOR AVENUE EAST (206) 323-4144 SEATTLE, WASHINGTON 1--800-935-0508 98102--3513 FAX# (206) 323-7135 STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305— 9103— 09 DRAWN BY JGWV I DATE: 9-T-13-10 JJOB # 2008105.00 CHECKED BY JMH I SCALE: N/A SHEET 1 of 4 wr�w.war.� r N .� s LUA�09�042 SH L I or) r aAO �- ---- `� CALCULATED W. MARGIN SR 167 PER R•O.S.'S REC. NO.'S 199111089007 & N , - 19820218900, & WASHINGTON STATE , a HIGHWAY COMMISSION DEPARTMENT OF .59 ROW LINE Lo 4 HIGHWAYS DRAWINGS DATED JAN. 24, 1961. 1234 (TYP.) . w � cn C� O . V) r a,- U C� • o U CV n , W \ C(D - ' 8f �ft W �jC�Q •� O z N � O *, O� 1 W ET 3:: v w N CALCULATED S. LINE OF N. 100' W U) ui z w m OF N.E. 1 /4 OF w CC S. 30, TWP. 23 N., RGE. 5 E., W.M. 00 LO ,n o W Cal � cn oo 'Pb ft C> CIO � � w ' n I r- 00 u) 00 !� 4413 8 0 O � �- ;4, � o J • r z� z z cn °' C14 00 tJ� �. z z u) f 0 L6 00 w w w _ co N 89'58' Q8" W J z ,, TL 302305LOTLOT 2 � ` ROW LINE 9101 78.93 1 V) LOT 3 U J � (TYP.) z � 43Q.7Q' „ Row LINE o S o1'49 52 W 29Q.39 495.93Row LINE (TYP.) ' • ` . — S 01'49'52" W. 1217.03' -' (TYP.) ---- _ 1316.9 fi (C) S 01'49 52 W — — _ -- S 01'49S2 W C - ' r 1316. 9 6' 1316.95 EAST VALLEY ROAD ( ) WEST LINE NW 1/4, — � ROW LINE - ---- --- __ NE 1 /4, SECTION 30 (TYP.) -- — ROW CENTERLINE EAST VALLEY HWY. ROW LINE PER EXISTING (-IIrYP.) R.O. W. MONUMENTS \ � 80 fl 40 80 k N • IN FEET 1 inch = 80 ft. OVERALL PLAT PLAN LLQEhD- TOTAL AREA: 243,427 SQ.FT. (5.5883 ACRES) LOT SQUARE FOOTAGES: LOT GROSS AREA AREA IN JOINT USE DRIVEWAY EASEMENTS NET AREA (GROSS AREA LESS JOINT USE DRIVEWAY EASEMENTS LOT 1 52,845 SQ.FT. 800 SQ.FT. 52,045 SQ.FT. LOT 2 56,508 SQ.FT. 1,653 SQ.FT. 54,855 SQ.FT. LOT 3 134,074 SQ.FT. 854 SQ.FT. 133.220 SQ.FT. NN M \___-NE COR. SEC. 30 FND. TACK IN CONCRETE MON. , DOWN 0.5% VISITED 6---25-08 (CITY OF RENTON HORIZONTAL CONTROL PNT. 230) N 170575.43 E 1300542.75 a RELINQUISHMENT OF ALL EXISTING AND FUTURE RIGHTS TO LIGHT, VIEW AND AIR TOGETHER WITH .ram .., ...,,. TT`�'-*', f:T•---• .....- DECLARATION OF COVENANT o. THE OWNERS) OF THE LAND EMBRACE JOINT USE WITHIN THIS SHORT PLAT, :IN. _'' CONSIDERATION OF THE BENEFIT' `TO °= �s., DRIVEWAY=-= ACCRUE FROM THIS SHORT SUBDIVISION, EASEMENT 15 0' BY SIGNING HEREON COVENANT AND STRIP A AGREE TO CONVEY THE BENEFICIAL INTEREST IN THE NEW JOINT USE LOT 1- DRIVEWAY EASEMENT SHOWN ON THIS SHORT PLAT AND MORE FULLY DESCRIBED IN THE "DECLARATION OF to mak gagm h, EASEMENTS, COVENANTS AND 30.0' AGREEMENT RUNNING WITH THE LAND" CD (RECORDED UNDER KING COUNTY. EAST VALLEY RECORDIN NO. ROAD UI I) un <-s�� �._�._) DETAIL A TO ANY AND ALL FUTURE PURCHASERS SCALE: 1' = 40' OF THE LOTS, OR OF ANY SUBDIVISIONS THEREOF. THIS COVENANT SHALL RUN WITH THE LAND THAT IS THE SUBJECT OF THIS SHORT PLAT. NOTE: A RECORD OF SURVEY OF THE SUBJECT PROPERTY HAS BEEN o I To AND RECORDED UNDER KING COUNTY w THE RIGHTS OF ACCESSRECORDING, NO. -�cr- FROM THE STATE HIGHWAY C 1� UUD S ,era � REC. N0. 5376810 --�----•-••-•—__�._....,_.�—�—. + � . W N Q � Y co W 09.-2 5 V.V) a a J Of p 4 < 00 wch (°v V) DRAINAGE EASEMENT 4 LOT LINE N ¢ REC. NO. 9107080927 co ww � © EASEMENT FOR ELEC. 52,845 SQ, FT. LOT 1 r, 00 ROW LINE DISTRIBUTION SYSTEM 1,2132 ACRES Lp vp r (TYP.) r' REC. NO. 7508060393 °p 00 57.56' 2300 EAST VALLEY RD cn cn 100' �= o I ` -- JOINT USE DRIVEWAY EASEMENT STRIP B LOT 2 CW JOINT USE DRIVEWAY EASEMENT STRIP 0 LOT 2 U\� , 167 .W_--- 2961•1 5 LOT 2 JOINT USE 16. DRIVEWAY 32' EASEMENT � STRIP D U LOT 3 pf- 32' --I �W A CD CW EAST VALLEY ROAD DETAIL B SCALE: 1' = 40' 56,508 SQ. FT. .1.2973 ACRES 2400 EAST VALLEY RD 00 WATERLINE EASEMENT r--- — — z 0 w -- REC. NO. 9107080928 r w_ I DRIVEWAY USE I 00 - --45.0' r %W r EEAEENT zv LO r ^ _ , _�__�'__ 1 CO �: SEE DETAIL A :n ww I " o6 I __ 0� C ) _ N _:j � - _�� j j o .. r� 15 J I 00 0 ROW LINE z I f— I 7 F" T- (TYP.) 0 1 D0 15' WATERLINE EASEMENT o z 430f .70, r00i �I REC. N0. 9107080928 I S 01 •49'52" W N. 1 /4 COR .SEC. 30 �` S 01'49'52" W -- --- SET TACK IN FND. 1/2" BRONZE ROD W/PUNCH IN CASE, DOWN 0.3' WEST LINE -- NW 1 /4, S 01'4952" W � LEAD PLUG & -- SHINER LS#44634 - VISITED fi�-25-08 �3 o NE 1 /4, SECTION 30 � � ROW CENTERLINEEAST VALLEY R ®AD TYP. { ) (CITY OF RENTON HORIZONTAL ROW LINE EAST VALLEY RD. CONTROL PNT. 1160) (TYP.) N 170576.87 - -- --- -- .- .` E 1297883.44 ROW MONUMENT E. VALLEY RD. SURVEY NOTES: FND. TACK IN 2" CONC. MON IN CASE, DOWN 1.0' HORIZONTAL DATUM: i VISITED 6-25--08 WASHINGTON COORDINATE SYSTEM, NAD 83/91, NORTH ZONE, PER CITY OF RENTON HORIZONTAL SURVEY CONTROL NETWORK. BASIS OF BEARINGS: CITY OF RENTON HORIZONTAL CONTROL POINT NUMBERS 1160 AND 230, 40 0 20 40 SOUTH 89.58'08" EAST 2659.31' (CALCULATED AND MEASURED). �lmmli REFERENCES: — RECORD OF SURVEY REC. NO. 8202189001 INSTRUMENT: THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1105 TOTAL STATION, ( IN FEET ) 1 inch = 40 ft. -- RECORD OF SURVEY, REC. NO. 9111089007 SERIAL NO. 621961, AND A LEICA GPS1200 SURVEYING SYSTEM SERIAL — RECORD OF SURVEY, REC. NO. 9509059008 N0. 160230. — RECORD OF SURVEY, REC. NO. 9606199001 — RECORD OF SURVEY, REC. NO. 9902129009 PRECISION: — CITY OF RENTON HORIZONTAL SU VEY CONTROL PRECISION EXCEEDS 1:10,000 GROUND TRAVERSE METHODS AND WERE. IN NETWORK -- WSDOT SR167 HIGHWAY MAP -- S. 228TH. TO ACCORDANCE WITH WAC 332-130-090. RENTON FIELD SURVEY: THE FIELD SURVEY WAS PERFORMED JUNE 2008. ANGLES AND DISTANCES SHOWN HEREON ARE ON GROUND, UNLESS OTHERWISE NOTED. SECTION SUBDIVISION: SUBDIVISION OF SECTION 30, TWP. 23N, RGE. 5E, AND R.O.W. SOLUTION FOR PRIMARY STATE HIGHWAY NO. 5 WERE CALCULATED PER RECORD OF SURVEYS, KING COUNTY RECORDING NUMBERS 8202189001 AND BUSH, R O E D & H ITCH N G S, INC. 9111089007. CIVIL ENGINEERS & LAND SURVEYORS 2009 MINOR AVENUE EAST SEATTLE, WASHINGTON (206) 323-4144 1-800--935-0508 98102-3513 FAX# (206) 323-7135 1w of WAS,%,�Y Wo 44634 G t�iS�s/ RFG Is 1234_� SANITARY SEWER EASEMENT REC. NO. 91070800926 90f 39' SITE MAP w cro , CNI 04 LOT LINE ' • W it 00 0 w O Ir 00 00 ' V)Zm Dw J z � F¢- w �• ® W 0 r- w�- QV w i } r I i PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. CITY OF RENTON SHORT PLAT NO. LUA-09-042--SHPL LND--20--0542 STRADA DA VALLE SHORT PLAT 2400 EAST VALLEY ROAD, RENTON. WA 98055 TAX LOT 302305-- 9103— 09 DRAWN BY JGW I DATE: 9-13-10 JOB # 2008105.00 CHECKED BY JMH SCALE: 1 " =. 40' 1 SHEET 3 OF 4 1 EAST VALLEY ROAD LEGEN D 19 20 30 29 SECTION CORNER 19 QUARTER SECTION CORNER 30 SURVEY MONUMENT (C) CALCULATED FT. FEET NO. NUMBER REC. RECORDING SQ. SQUARE SET 5/8" REBAR & I.D. CAP LS #4•4634 SET TACK IN LEAD PLUG WITH BRASS I.D. DISK LS #44634 SET 5/8" REBAR & CAP 1 ['+ It A A fl 7 A ROW LINE (TYP.) - UMBER YARD 0 n z 0 F- c� w w z LUA�09�042�SH L LND0 ROW LINE 77� (TYP.) CENTER OF SECTION (CALCULATED) )1'49'52" W ROW MONUMENT E. VALLEY HWY.---- WEST LINE NW 1 /4, ROW CENTERLINE o AND. 1-3/4 BRASS DISC W/"+" �- NE 1 /4, SECTION 30 EAST VALLEY RD. r�7 CONC. MON IN CASE, (� ROW LINE DOWN 0.4', VISITED 6-25-08 (TYP.) EAST 0.05' OF CALL. INTERSECTION X 1316.96' i /0 - g-167 1 S 01 '49' 52" W S. 1 /4 COR. SEC. 30 FND. MON. IN CASE, VISITED 6-25--08 SITE MAP