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HomeMy WebLinkAboutRegulatory Reform Ordinance Changes - Exemptions from Procedural Requirements (4/6/1998) RENTON CITY COUNCIL Regular Meeting April 6, 1998 Council Chambers Monday, 7:30 p.m. Municipal Building MINUTES CALL TO ORDER Mayor Jesse Tanner led the Pledge of Allegiance to the flag and called the meeting of the Renton City Council to order. ROLL CALL OF BOB EDWARDS, Council President; TIMOTHY SCHLITZER; KING COUNCILMEMBERS PARKER; DAN CLAWSON; KATHY KEOLKER-WHEELER; TONI NELSON. MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL EXCUSE ABSENT COUNCILMEMBER RANDY CORMAN. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE LAWRENCE J. WARREN, City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; SUE CARLSON, Economic Development, Neighborhoods and Strategic Planning Administrator; MIKE KATTERMANN, Director of Neighborhoods & Strategic Planning; BETTY NOKES, Economic Development Director; PETER ROSEN, Senior Planner; DEPUTY CHIEF JOE PEACH, Police Department. APPROVAL OF MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF MARCH 23, 1998, AS PRESENTED. CARRIED. PUBLIC HEARING This being the date set and proper notices having been posted and published Development Services: in accordance with local and State laws, Mayor Tanner opened the public Regulatory Reform hearing to consider amendments to the Regulatory Reform Ordinance for Ordinance Changes exemptions from procedural requirements, exclusions from time limits, and public notice requirements. Peter Rosen, Senior Planner, explained that the amendments are proposed to better organize and refine some provisions of the Regulatory Reform Ordinance. Additional amendments will be proposed at a later date to implement new SEPA rules adopted last October. Continuing, Mr. Rosen said the first proposed amendment would exempt non- pro jects such as Comprehensive Plan amendments (and any associated rezones) or development regulation amendments from the public notice and procedural requirements that apply to projects. The second change is a proposed exemption to the requirement that permit decisions be issued in 120 days. Certain exemptions are allowed by State law, and the proposal is to exclude a one-year period (with a possible one-year extension) for the preparation of a draft and final environmental impact statement. The third and final proposed change is to allow the Zoning Code I Administrator to modify or waive the requirement that notice of development applications be mailed to property owners within 300 feet of the subject property. Staff recommends this be changed for projects on irregular-shaped properties or for large sites where project work would affect only a small area of the overall site. Audience comment was invited. April 6, 1998 '+►Renton City Council Minutes Now Page 116 Ralph Evans, 3306 NE 11 th Pl., Renton, 98056, was concerned that the proposed changes not limit public notice of projects or opportunities to provide input. Referring to the third proposed change, he wondered if the terms "irregular-shaped" or "large" would be specifically defined, or ambiguously determined by the Zoning Administrator. Mr. Rosen responded that staff felt that due to the difficulty in defining the terms, interpretation will be the responsibility of the Zoning Administrator on a case-by-case basis. There being no further audience comment, it was MOVED BY PARKER, SECONDED BY NELSON, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Mayor Tanner noted that this item will remain in Planning & Development Committee pending a final recommendation to the full Council. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 1998 and beyond. Items noted included: * The Army Corps of Engineers hosted a meeting with regulatory agencies to discuss project mitigation for the Cedar River Section 205 flood control project. * Police Officer David Adam received a letter of commendation for administering life-saving measures to a four-month-old baby on March 17th. * The City has established a Domestic Violence Task Force to stop domestic violence by means of a comprehensive and coordinated response. * Approximately 200 people attended the March 25th open house where various downtown projects were explained. AUDIENCE COMMENT Heidi Carlson, 806 Index Ct. NE, Renton, 98056, reported that the adult Citizen Comment: Carlson bookstore in the Highlands has expanded its merchandise to include drug - Sale of Drug paraphernalia. She asked how the business owner was given this license by Paraphernalia the City, and whether it could be revoked. Noting that one business in particular sells knives, pagers, drug paraphernalia and pornography along with milk, butter and gas, she asked if the sale of drug-related items can be regulated in any way. On another subject, Ms. Carlson asked if the grant for the two police officers patrolling the Highlands area will be renewed, and if the City must provide matching funds for this. Chief Administrative Officer Jay Covington replied that the business owner can legally sell "tobacco use products" because this is an allowed use in the zone where his business is located. In the absence of illegal drugs, drug paraphernalia cannot be prohibited. Responding to Ms. Carlson's question about the police officers, Mr. Covington said it was his understanding that even in the absence of grant funding, it is the City's intention to maintain these officers at their current location. Councilman Dan Clawson was interested in finding out whether the City could prohibit the sale of drug paraphernalia. City Attorney Lawrence J. Warren .;: :.: ::.:. ::::,.>>: >`.'>�:`�.?4i:E.:; ?i :`',:'i:i.' z :iEr< _''.`.:� �: : �> � ;..« C::`'%�>;`:''r% i'`i�E:``�.• E �C:: >::»:::........:.:�:��`:� :::.;:� :-:�:..: RF, i}LAT£ tY REFQERM QIINTC ► ENDMEITS DESCRIPTION OF PROPOSAL The Renton Regulatory Reform Ordinance was adopted in March 1996 to implement State mandated legislation ESHB 1724. The land use regulatory reform law amended the State Growth Management Act (GMA), the State Shoreline Management Act (SMA) and the State Environmental Policy Act (SEPA). A primary goal of the State law was to integrate and streamline the numerous regulatory processes, specifically requiring a combined environmental review and project review process. The law allows for only one open record public hearing and one closed record appeal and mandates a 120 day time limit for decisions on most types of permits. Amendments are now proposed to better organize and refine specific provisions of the Regulatory Reform Ordinance and also to implement SEPA rule amendments adopted in October 1997. Local jurisdictions are required to update their procedures and incorporate the SEPA rule changes by May 9, 1998. Staff is first proposing housekeeping changes and revisions to further streamline our review processes. More substantive changes to implement the SEPA rule changes will follow subsequent to the reorganization and reformatting of Title IV Building Regulations. The amendments proposed at this time are summarized below: 1. Exemptions from public notice and procedural requirements -This proposed amendment would exempt non-projects such as Comprehensive Plan Amendments and associated rezones, and amendments to development regulations from the public notice and procedural requirements that apply to projects. Procedural requirements under 1724 limit project review to one open record public hearing and one open record appeal. While these requirements assist in streamlining the review of projects, it actually limits opportunities for public process on non-projects. The legislation clearly allows excluding non-project, legislative decisions from the requirements of 1724. 2. Exclusions from 120 day time limit - State law allows jurisdictions to exclude certain periods from the 120 day timeframe in which a permit decision must be issued. The existing code excludes a period of 250 days for the preparation of a draft environmental impact statement. An amendment is proposed to exclude a one year period (with a possible one year extension) for the preparation of a draft and final environmental impact statement. 3. Public notice requirements - notice of development application - The existing code requires a notice of a development application to be mailed to property owners within 300 feet of the boundaries of a subject property. The proposed code amendment would allow the Zoning Administrator to modify or waive this requirement for project proposals on irregular shaped properties such as linear projects affecting a narrow corridor or for large sites where project work would only affect a small area of the overall site. For additional information, please contact: City of Renton Development Services Division at 235-2719. 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'146 CERTIFICATION STATE OF WASHINGTON) ss COUNTY OF KING ) I C14Zvi/U1,1/9,071 -HEREBY CERTIFY THAT COPIES OF THE ABOVE NOTICE WERE FORWARDED TO THE MAIN AND HIGHLANDS LIBRARY AND POSTED BY ME AT THE RERON UNI�I_P�L/ /i�ifING, 200 MILL AVENUE S., RENTON, WA ON DATE OF SIGNE -6/4 SIGNED (Yr:CM/0 Notary SUBSCRIBED AND SWORN TO BEFORE ME this / / " day of ' u4CL .. 19 "/6 Notary Public in and for the State of Washington, residing at 01(961-& CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed April 6, 1998, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Regulatory Reform Ordinance - exemptions from procedural requirements, exclusions from time limits, and public notice requirements. All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-235-2502. Marilyn P sen City Clerk Published: South County Journal March 20, 1998 Account No. 50640 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed April 6, 1998, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton 98055, to consider the following: Regulatory Reform Ordinance - exemptions from procedural requirements, exclusions from time limits, and public notice requirements. All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. For information, call 425-235-2502. Marilyn P sen City Clerk Published: South County Journal March 20, 1998 Account No. 50640 March 16. 1998 Renton City Council Minutes Page 95 Development Services: Development Services Division submitted proposed amendments to the City's Regulatory Reform Regulatory Reform Ordinance addressing exemptions from procedural Ordinance Changes requirements, exclusions from time limits, and public notice requirements. G1/4{,\ ,—/ Refer to Planning & Development Committee; set a public hearing on April 6, v 1998 to take testimony on the proposed changes. Public Works: East Side Surface Water Utility Division proposed an interlocal agreement with the City Green River Watershed of Kent to work toward restoring a healthy, self-reproducing fishery in the Fishery Enhancement, East Side Green River Watershed. Renton's cost share of already-completed City of Kent, CAG-98- projects relating to fishery restoration is $23,297.33. Refer to Utilities Committee. Public Works: SW 27th St Surface Water Utility Division recommended approval of a contract in the Culvert Replacement amount of $94,394 with R.W. Beck Inc. for preliminary design and permitting Design, RW Beck, CAG- of the SW 27th St. Culvert Replacement project, and requested fund transfers 98- from the SW 27th St. Culvert Replacement project as follows: $20,000 to the SW 43rd St. Storm Improvement project and $45,000 to the SR-167 Culvert project. Refer to Utilities Committee. Public Works: Olympic Surface Water Utility Division submitted a proposed agreement with Olympic Pipe Line Co Culvert at Pipe Line Company to allow installation of a box culvert at the SW 23rd St. SW 23rd St Channel, (Springbrook Creek) channel in lieu of undergrounding lines beneath the CAG-98- channel. In exchange for an easement from OPLC, Renton will pay for designing and permitting the box culvert as well as other minor cost items of the project (estimated total cost, $55,000). Refer to Utilities Committee. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Ralph Evans, 3306 NE 11th Pl., Renton, Citizen Comment: Evans - 98056, suggesting that Renton's Comprehensive Plan be revised to allow "sub- Proposed Zoning Changes regional" uses in the Center Neighborhood (CN) zone, and that the Zoning for the Highlands (Sub- Code be changed to increase square footage figures in the Center Suburban Regional Uses) (CS) and CN zones to allow development of "destination" type facilities (e.g., Target, the Bon Marche, an ice skating rink), at least in the Highlands area. MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. OLD BUSINESS Finance Committee Chair Parker presented a report recommending approval Finance Committee of Claims Vouchers #156617 - 156636 and 157075 - 157512; two wire Finance: Vouchers transfers in the total amount of $1,816,459.10; approval of Payroll Vouchers #158455 - 158711; and 501 direct deposits in the total amount of $1,260,960.36. The check sequence 156637 through 157074 were machine voids due to a system error. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following ordinances were presented for first reading and referred to the RESOLUTIONS Council meeting of 3/23/98 for second and final reading: Budget: 1998 An ordinance was read revising the 1998 annual budget by increasing certain Carryforwards and expenditure allowances in the 1998 budget of various city funds by Adjustments appropriation, re-appropriation, and transfer from various funds, and creating a special hotel-motel excise tax fund, all by a vote of the City Council. Revised total 1998 expenditures: $39,348,389. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE CITY OF RENTON COUNCIL AGENDA BILL • AI#: Submitting Data: Planning/Building/Public Works For Agenda of: March 16, 1998 Dept/Div/Board.. Development Services Division Staff Contact Peter Rosen(x2719) Agenda Status Consent X Subject: Public Hearing... Regulatory Reform Ordinance Amendments Correspondence.. Ordinance Resolution Old Business Exhibits: New Business • Issue Paper Study Sessions • Proposed Ordinance Information Recommended Action: Approvals: Refer to Planning&Development Committee for March 19 and set Legal Dept X public hearing for April 6, 1998. Finance Dept Other Fiscal Impact: N/A Expenditure Required... Transfer/Amendment Amount Budgeted Revenue Generated Total Project Budget City Share Total Project.. Summary of Action: The proposed amendments to the Regulatory Reform Ordinance address exemptions from procedural requirements, exclusions from time limits and public notice requirements. STAFF RECOMMENDATION: Staff recommends Council adopt the proposed ordinance as presented. CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: March 4, 1998 TO: Kathy Keolker-Wheeler, Chair City Council Members VIA: Mayor Jesse Tanner FROM: Gregg Zimmerman - STAFF CONTACT: Peter Rosen, ext. 2719 SUBJECT: Regulatory Reform Ordinance Amendments ISSUE: The Renton Regulatory Reform Ordinance was adopted in March 1996 to implement State mandated legislation ESHB 1724. The land use regulatory reform law amended the State Growth Management Act (GMA),the State Shoreline Management Act (SMA) and the State Environmental Policy Act (SEPA). A primary goal of the State law is to integrate and streamline the numerous regulatory processes, specifically requiring a combined environmental review and project review process. The law allows for only one open record public hearing and one closed record appeal and mandates a 120 day time limit for decisions on most types of permits. Amendments are now proposed to better organize and refine specific provisions of the Regulatory Reform Ordinance and also to implement SEPA rule amendments adopted in October 1997. Local jurisdictions are required to update their procedures and incorporate the SEPA rule changes by May 9, 1998. Staff is first proposing housekeeping changes and revisions to further streamline our review processes. More substantive changes to implement the SEPA rule changes will follow subsequent to the reorganization and reformatting of Title IV Building Regulations. RECOMMENDATION: • Refer to Planning and Development Committee BACKGROUND SUMMARY: The first round of proposed code changes to the Renton Regulatory Reform Ordinance are summarized below: it Exemptions From Procedural Requirements- Procedural requirements pertain to notice of completeness, notice of application and notice of decision. A notice of application requires a 14 day comment period before a decision can be issued. The proposed amendment would add Comprehensive Plan and Title IV Building Regulation text amendments as exempt from procedural requirements.Text amendments are required to go through the SEPA environmental analysis process as non-project actions prior to a public hearing and decision by the City Council. At present,the text amendments require a 14 day comment period associated with the notice of application prior to the SEPA determination. Another 14 day comment period follows the SEPA environmental determination. The two comment periods result in excessive processing time. State law allows jurisdictions to exempt legislative decisions from procedural requirements. la Exclusions From 120 Day Time Limit- State law allows jurisdictions to exclude certain periods from the 120 day timeframe in which a permit decision must be issued. The existing code excludes a period of 250 days for the preparation of a draft environmental impact statement. An amendment is proposed to exclude a one year period (with a possible one year extension) for the preparation of a draft and final environmental impact statement. iii) Public Notice Requirements- Notice of Development Application -The existing code requires a notice of a development application to be mailed to property owners within 300 feet of the boundaries of a subject property. The proposed code amendment would allow the Zoning Administrator to modify or waive this requirement for project proposals on irregular shaped properties such as linear projects affecting a narrow corridor or for large sites where project work would only affect a small area of the overall site. CONCLUSION: The proposed amendments would refine specific provisions of the Regulatory Reform Ordinance. More substantive changes to implement the SEPA rule changes will follow subsequent to the reorganization and reformatting of Title IV Building Regulations. Attachment A- Proposed Code Amendments ATTACHMENT A CHAPTER 36 -RENTON REGULATORY REFORM ORDINANCE 4-36-3 REGULATORY REFORM EXEMPTIONS: A. State Authority: ula e+�HB-1724, er"tho Act") RCW 36.70B.140 and 36.70B.090 allows a local government to exclude certain project permits from procedureal and time limit requirements. ations-fro+ --tate- mandat e--knave City Code requiFe irements: B. Exemptions from Time Limits: 1. Secti rraino that-there ore " t warrant a different review proceo, than tho y req ' • Time limit requirements for a final decision within 120 calendar days from the notice of application does not apply if a proiect permit application requires: a. Comprehensive Plan amendments with or without any other associated land use application such as a rezone, b. Renton Municipal Code amendments, c. Annexations, d. Planned unit developments, e. Development agreements, f. Environmental impact statements, g. Temporary emergency wetland permit, h. Declared emergency under SEPA, i. Street vacations. r--facilities" from the netifieat' , C. Exemptions from Procedural Requirements: Procedural requirements pertain to notice of completeness, notice of application, and notice of decision. The following actions are specifically exempted from procedural requirements: 1. Approvals relating to the use of public areas or facilities, including: a. Deferral of off- or on-site improvements, b. Drainage connection permits, c. Driveway construction permit (all uses/users), d. Driveway relocation permit (all uses/users), e. Franchise utility permits, f. Right-of-way use permit, g. Release of easements, h. Side sewer permit, i. Side sewer cap permit, j. Sidewalk repair permit (all uses/users), k. Sidewalk/curb/gutter construction permit (all uses), I. Permits to stop City water and/or sewer service, m. Water meter applications, n. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. • pprovals and bui they are categerisa lready been completed-a cessing ti n-e-would-st+ll apply. Therefore, th on and p nd—would be ee.nsidera 2. Project permits including: 4a. Building and grading permits (SEPA exempt), 2b. Business licenses for home occupations, 3c. Board of Public Works variances (i.e., driveway grade), 4d. Fire installation/construction permits, 6e. Electrical, mechanical, plumbing, sign and special fence permits, 6f. Lot line adjustments, 7g. Final plats, 8h. Minor amendments (less than 10 percent) to a previously approved site plan, 9t. Occupancy permits, 4-01. Open space, agricultural and timber lands—current use assessment, 44k. Public art exemption certificate, 4-21. Routine vegetation management permits (SEPA exempt), 4-3m. Shoreline exemptions, 44n.Temporary use permits (SEPA exempt), but not exempting sign requirements, 45o. Water, sewer, storm drainage, roadway permits (SEPA exempt), 46p. Other SEPA exempt actions/activities as outlined in WAC 197-11-800. (Ord. 4587, 3-18-1996) 3. Adoption or amendment to the text of the Comprehensive Plan and to the text of Title IV Building Reputations. 4-36-7 REVIEW PROCEE ES: The purpose of this Section is to outline the procedures and time requirements for the various development applications reviewed by the City. All development applications are classified and processed according to one of eleven (11) types of permit procedures, as identified in Section 4-36-2 of this Chapter. H. Exclusions From One Hundred Twenty Day Time Limit: In determining the number of days which have elapsed since the applicant was notified that the application is complete, the following periods shall be excluded: 2. A period of one (1) year for the preparation of a draft and final environmental impact statement (DEIS) following the issuance of a determination of significance. This A one (1) year time extension may be approved upon agreement by the applicant and the Development Services Division. 4-36-8 PUBLIC NOTICE REQUIREMENTS: A. Applicability: A notice of application is not required for actions which are classified as a Type 1 land use procedure under Section 4-36-2 of this Chapter and for actions specifically exempted under Section 4-36-3 of this Chapter, but is required for all land development permit applications subject to notice requirements. B. Notice Of Development Application: 2. Three (3) notices of development application shall be posted on or near the subject property and mailed to property owners within three hundred feet (300') of the boundaries of the subject property. a. The Zoning Administrator shall have the authority to modify or waive the requirement for notice to property owners within 300 feet of a development proposal for individual project applications (on a project specific basis). This administrative determination may be appropriate for linear projects affecting a narrow corridor or for large sites where a project affects only a small area of the overall site.