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HomeMy WebLinkAboutTaco Time CC Zone Amends & Proposed Development Agreement (06/14/1999) ,� , p• Cl) r- f) -{ co 0 o. C._ Cl) a C(�) -0 7 a) C) n•/- • e .'%. C CD T m- N C 0 - 0 0 =. CD 4 ? =`;,% CO a) CD -p a. 7. c a c = O * N m r E. c _ CD N - 7 Z co Q = © O a' c Era `G O :' a co 3 O 3 R. = 7• � ID '< CD -, * D :a :, , �:'.O % o a oa D CD � 70 � Qy � �� N 0 'n • r. O rn a m m o cD � � mo � m ° � o ca c:d!loel CO (=D N CAD C = �� `< C N C VI Cr 0 -„ a. ? OoCDQoQ N 'il 0 00 en CD � T; CGo Qm O v -n m rn0- 0 3 0 (0 0 .0�, ° =.: C1 0 m o C // Z 0 CD • CAD = o c ,.. =, m 7 N O N co am v o ° � 3 �� c � a^ o n 0o -„1 _2 ° gym com v � O O � � � j�► N m.. a ° H IIU J X O N 7 a CD co o M co co ? `•G n N N CJ C = Cp o-`1 a) Cp 0 0 al � 0Iv , \ \10 a) C O `G Q N 7C .r `I N . N C' C = a C Co (O''� z CD _, cf, CD G O P) ^ n �G 7 O Q d �= ►t-I O , O` '\\ a; _O. a o =- vi 0 7 0 O D co B ? i \ c CD C 7 5 -) a) cn cc ,�� cz) co rco \cD 1 a (. 0 S 0 Cho Z 7 �. 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WHEREAS, there are existing corporate offices and commercial uses generally in the area north of Maple Valley Highway at the intersections of Monroe Avenue S.E. and Maplewood Place, S.E., and WHEREAS, those office commercial uses and related properties are presently zoned Convenience Commercial(CC); and WHEREAS,the owner of the building presently housing the Taco Time corporate offices has indicated a desire to expand those headquarters and parking areas; and WHEREAS, the Convenience Commercial zone will not accommodate such expansion; and WHEREAS, the City Council of the City of Renton, Washington, believes that such expansion can be accommodate pursuant to Comprehensive Plan Amendments/Rezones, Renton Municipal Code amendments, and a Development Agreement as authorized in RCW Chapter 36.70B.170 through 210; and WHEREAS, the parties have negotiated the proposed Development Agreement; and WHEREAS, this Development Agreement has been presented at a public hearing before the City Council held on June 14, 1999; and WHEREAS, the City Council has taken into account the public comment presented at that public hearing; and J RESOLUTION NO. 3 414 WHEREAS, this Development Agreement has been reviewed and approved by the city council of the City of Renton, Washington, and WHEREAS, this Development Agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to sign a Development Agreement with Accord, Inc. to allow expansion of Taco Time corporate offices and parking areas. PASSED BY THE CITY COUNCIL this 18th day of October , 1999. Marilyn P rs , City Clerk APPROVED BY THE MAYOR this 18th day of October , 1999. Je Tanner, Mayor Approved as to form: Lawrence J. Warren, City Attorney RES.739:8/03/99:as. -2- July 12, 1999 ti.,, Renton City Council Minutes ` "' Page 249 Volunteer Program Councilmember Keolker-Wheeler said while Ms. Mejlaender's work is Coordinator Contract exemplary, she was concerned that the coordination of Renton River Days used to be done by a permanent City employee,but has now been turned over to a contract employee. She wondered whether this position should be made into a regular full-time position with benefits. Jay Covington, Chief Administrative Officer,responded that after the resignation of Laurie Ness,the City's first Volunteer Coordinator,the Administration took the opportunity to combine this function along with special events activities into one contract. Council President Parker explained that this person performs promotion and marketing work for the City as a consultant to specific programs and events. He supported approving the contract this evening as proposed,adding that Council can take up the question of whether it should be made into a full-time regular position during budget deliberations. Councilman Edwards suggested shortening the ending date of the contract from June 30, 2000 to December 31, 1999 to coincide with the City's budget. Councilmember Nelson agreed this would be preferable, as the River Days Board of Directors was concerned that the contract for the event's coordination not expire a few short weeks before River Days. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL EXTEND THE CONTRACT WITH SONJA MEJLAENDER FOR SPECIAL EVENT AND VOLUNTEER PROGRAM COORDINATION FROM JULY 1, 1999 THROUGH DECEMBER 31, 1999 FOR$22,500. CARRIED. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL REFER THIS MATTER TO THE FINANCE COMMITTEE FOR DISCUSSION PRIOR TO BUDGET DELIBERATIONS LATER THIS YEAR. CARRIED. CORRESPONDENCE Correspondence was read from the Board of the Highlands Community Citizen Comment: Highlands Association,urging the City to immediately fund necessary improvements to Community Association— properties operated by the Renton Housing Authority in the Highlands. Renton Housing Authority, Mayor Tanner noted that the Housing Authority is an independent entity which Maintenance of Housing Stock controls its own finances and is wholly responsible for operating and maintaining the various properties which it owns. He added that this letter may be related to an application by the Housing Authority to the City's new Neighborhood Program for minor work to some of its buildings. OLD BUSINESS Planning&Development Committee Chair Keolker-Wheeler presented a report Planning&Development recommending that a public hearing be set on July 26, 1999 for proposed Code Committee amendments changing the dates and procedures for the Comprehensive Plan Comprehensive Plan: amendment review process. MOVED BY KEOLKER-WHEELER, Amendment Review Process SECONDED BY EDWARDS,COUNCIL CONCUR IN THE COMMITTEE Changes REPORT. CARRIED. Planning: Taco Time Planning&Development Committee Chair Keolker-Wheeler presented a report Development Agreement regarding the proposed Taco Time development agreement and Convenience Commercial (CC)Zone amendments. Based on the adopted Committee report from January 4, 1999, staff has prepared proposed amendments to the Convenience Commercial Zone office allowances as well as minor amendments to accessory storage in all commercial and industrial zones. The Committee considered public comments received at the public hearing held June 14, 1999. The Committee recommended that staff prepare an ordinance July 12, 1999 Renton City Council Minutes ..o Page 250 consistent with the staff report dated May 5, 1999,and in addition include a sunset clause for the one-time building addition for existing, legal Administrative Headquarters Offices. The sunset date would be seven years. The ordinance would be approved along with other related ordinances prepared in conjunction with the 1999 Comprehensive Plan amendments. Also based on the adopted Committee report from January 4, 1999, staff and the City Attorney have prepared a proposed Development Agreement for the Taco Time Corporation and property owner. The Development Agreement is based on the ultimate adoption of CC zone amendments regarding allowances for existing, legal administrative headquarters offices with minor parking and square footage allowances. The agreement would include Environmental Review Committee mitigation measures related to building height, access, landscaping, site plan review and other provisions. The Committee considered public comments received at the public hearing held June 14, 1999. The Committee recommended that staff prepare a resolution authorizing the Mayor to enter into the agreement. The agreement should be consistent with the staff report dated May 6, 1999, and in addition should include a sunset clause for the one-time building addition for existing,legal administrative headquarters offices. The sunset date would be seven years. The resolution would be approved along with other ordinances prepared in conjunction with the 1999 Comprehensive Plan amendments. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance Committee Finance Committee Chair Edwards presented a report recommending approval Finance: Vouchers of Claim Vouchers 172326- 172745 and two wire transfers totaling $2,702,796.18. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation Committee Transportation Committee Chair Corman presented a report regarding the Public Works: Pacific Fiber proposed license agreement for Pacific Fiber Link, L.L.C. Pacific Fiber Link Link Fiber Optic System plans to provide high-capacity, inter-exchange transport on a long-term lease Through Renton basis to telecommunications common carriers on underground fiber optic cables. The conduit will be installed using conventional trenching,horizontal boring and directional drilling methods. This is a ten-year license agreement between the City of Renton and Pacific Fiber Link. Pacific Fiber Link(PFL) is a Washington State limited liability company. PFL is owned by Ledcor Industries, Inc. and Mitek Communications,Inc. Mitek Communications, Inc. is a wholly-owned subsidiary of Michel's Pipeline Construction, Inc. PFL has no subsidiaries or other parent companies. City Code encourages telecommunications services such as this to promote competition and provide advance services on the widest possible basis to businesses, institutions and residents of the City. The Transportation Committee recommended concurrence in the staff recommendation to approve the license agreement with Pacific Fiber Link, L.L.C. The Committee further recommended that the Mayor and City Clerk be authorized to execute the agreement. MOVED BY CORMAN, SECONDED BY CLAWSON, COUNCIL CONCUR INT HE COMMITTEE REPORT CARRIED. ORDINANCES AND The following ordinances were presented for second and final reading: RESOLUTIONS 4 APPROVED BY CITY COUNCIL Date 7 AP—9 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT July 12, 1999 Taco Time Area Proposed Development Agreement Convenience Commercial(CC)Zone Amendments (April 13, 1998;May 10, 1999) Based on the adopted Committee report from January 4, 1999, staff has prepared proposed amendments to the Convenience Commercial Zone office allowances as well as minor amendments to accessory storage in all commercial and industrial zones. The Committee considered public comments received at the public hearing held June 14, 1999. The Committee recommends that the staff prepare an ordinance consistent with the staff report dated May 5, 1999, and in addition include a sunset clause for the one-time building addition for existing, legal Administrative Headquarters Offices. The sunset date would be seven years. The ordinance would be approved along with other related ordinances prepared in conjunction with the 1999 Comprehensive Plan Amendments. Also based on the adopted Committee report from January 4, 1999, staff in conjunction with the City Attorney have prepared a proposed Development Agreement for the Taco Time Corporation and property owner. The Development Agreement is based on the ultimate adoption of CC zone amendments regarding allowances for existing, legal administrative headquarters offices with minor parking and square footage allowances. The agreement would include Environmental Review Committee mitigation measures related to building height, access, landscaping, site plan review and other provisions. The Committee considered public comments received at the public hearing held June 14, 1999. The Committee recommends that the staff prepare a resolution authorizing the Mayor to enter into the agreement. The agreement should be consistent with the staff report dated May 6, 1999, and in addition should include a sunset clause for the one-time building addition for existing, legal administrative headquarters offices. The sunset date would be seven years. The resolution would be approved along with other ordinances prepared in conjunction with the 1999 Comprehensive Plan Amendments. //6-Zkrt athy olker-Wheeler, Chair 0"6 ge; Bob Edwards,Vice Chair Dan Clawson,Member cc: Sue Carlson p&dfin Newt RENTON CITY COUNCIL Regular Meeting June 14, 1999 Council Chambers Monday, 7:30 p.m. MINUTES Municipal Building 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 KING PARKER,Council President; TIMOTHY SCHLITZER; RANDY COUNCILMEMBERS CORMAN; TONI NELSON; BOB EDWARDS; KATHY KEOLKER- WHEELER; DAN CLAWSON. CITY STAFF IN JESSE TANNER, Mayor; ZANETTA FONTES,Assistant City Attorney; ATTENDANCE BRENDA FRITSVOLD,Deputy City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; SUSAN CARLSON, Economic Development,Neighborhoods& Strategic Planning Administrator; BETTY NOKES, Economic Development Director; MICHAEL KATTERMANN,Director of Neighborhoods& Strategic Planning; DEREK TODD,Finance Analyst; LISA GRUETER, Senior Planner; JIM SHEPHERD, Community Services Administrator; COMMANDER CURTIS SMALLING, Police Department. Council Minutes Correction MOVED BY CORMAN, SECONDED BY PARKER, COUNCIL AMEND THE MINUTES OF 6/7/99 TO REFLECT THE PRESENCE OF TONI NELSON AT THE MEETING. CARRIED. APPROVAL OF MOVED BY PARKER, SECONDED BY SCHLITZER, COUNCIL COUNCIL MINUTES APPROVE THE MINUTES OF JUNE 7, 1999 AS AMENDED. CARRIED. PROCLAMATIONS A proclamation by Mayor Tanner was read declaring the week of June 14-20, National Flag Week: 1999, to be"National Flag Week"in the City of Renton, and encouraging all June 14-20, 1999 citizens to celebrate our nation's symbol of unity, which stands for our country's devotion to freedom, and to equal rights for all. MOVED BY PARKER, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Councilmember Nelson thanked Boy Scout Troop 464 for raising the flags in downtown Renton to mark the holiday. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Planning: Taco Time accordance with local and State laws, Mayor Tanner opened the public hearing Expansion(CC Zone to consider the proposed Taco Time Convenience Commercial(CC)zone and Amendments) Commercial/Industrial zone code amendments for its headquarters located on Maple Valley Highway near Monroe Ave. SE. Lisa Grueter, Senior Planner,explained that on January 4, 1999, a Planning& Development Committee Minority Report was adopted by Council which directed staff to prepare amendments to add existing legal Administrative Headquarters Offices to the CC zone, allow for parking expansions, allow for a one-time 3,500 square foot addition, and allow for storage of supplies in conjunction with service and office uses. Administrative Headquarters Offices are currently allowed in the Industrial, Center Downtown,Commercial Office, and Center Office/Residential Zones. The CC zone would be amended to allow existing Administrative Headquarters Offices as secondary uses. To help ensure that these amendments would be limited to Taco Time's existing corporate office, expansion would only be June 14, 1999 Renton City Council Minutes 215 Nagle allowed for existing Administrative Headquarters Offices that currently exceed { 3,000 square feet and which exist as of January 1, 1999. With these amendments,new Administrative Headquarters Offices would not be allowed in the CC zone. Turning to the accessory storage portion of the amendments, Ms. Grueter said that use of storage is allowed with retail sales in all the commercial zones and will be allowed in all industrial zones with the Valley Zoning Amendments. The proposed amendment would clarify that the accessory use of storage in conjunction with retail sales also allows for accessory storage associated with permitted service and office uses. In conclusion, Ms. Grueter stated that staff recommends that a formal ordinance be prepared and coordinated with any sunset clause that may be recommended in the related development agreement. Staff additionally recommends that these amendments be approved along with other related ordinances at the time of the 1999 Comprehensive Plan Amendment adoption. Councilman Schlitzer explained that including a sunset clause in the development agreement will act as a safeguard to prevent future expansion. Councilman Edwards stated that although he did not feel that the expansion will have a negative effect on the surrounding area,he agreed with the use of a sunset clause. Audience comment was invited. Barbra Gilbert, 3624 SE 5th Pl., Renton, 98058, expressed her disappointment in the Council's decision to allow the expansion. Ms. Gilbert related the reasons why she felt the expansion should not be allowed, including: 1)The increased amount of storage allowed with the expansion might be used for food,thus attracting rats; 2)Concern that an affordable neighborhood will be turned into a commercial area; 3)A portion of the property currently being leased for the operation of a coffee stand could potentially be the site of a 5,000 square foot building; 4)An increase in the amount of trucks making use of the subject property; and 5)Concern that traffic will increase as a result of the expansion. She urged Council to reconsider its decision to allow the expansion. Responding to Councilman Corman,Ms. Grueter said that building permits for the site were issued to the Taco Time Corporation in 1989 and construction was completed around 1990 or 1991. Denise A. Carey, 3300 SE 5th St., Renton, 98058, said she has lived in the neighborhood since 1970. Agreeing with the Ms. Gilbert's comments, she stated that she is happy with the neighborhood the way it is. Responding to Councilman Corman,Ms. Carey said that prior to the construction of the Taco Time Headquarters, there used to be a building at the site that served various purposes until it burned down. Councilmember Keolker-Wheeler reitereated that she opposed the Taco Time expansion and recalled that Taco Time said they would not ask for an expansion when they obtained the original permits for the project. Councilman Parker asked to see documentation regarding Taco Time's statement that they would not expand their business. Pointing out that the matter is a private property issue,Mr. Parker said that if the property is zoned appropriately and meets all of the development criteria, the property owner should be able to expand as needed. June 14, 1999 `r✓ Renton City Council Minutes 216 Referring to the use of a sunset clause, Councilmember Keolker-Wheeler noted 1 that some projects currently being built were approved ten to twelve years ago 1 even though the underlying zoning has changed in the meantime. Adding a sunset clause would avoid this situation with this project. There being no further audience comment, it was MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Planning: Taco Time This being the date set and proper notices having been posted and published in Expansion(Development accordance with local and State laws, Mayor Tanner opened the public hearing Agreement) to consider the proposed Taco Time development agreement for its headquarters located on Maple Valley Highway near Monroe Ave. SE. Lisa Grueter, Senior Planner,described the site the development agreement would cover and explained that State law authorizes the City to enter into an agreement with the property owner. The agreement needs to be consistent with the City's development regulations; however,the agreement assumes adoption of the Convenience Commercial(CC)zone amendments previously discussed. Continuing,Ms. Grueter explained that the agreement incorporates the Environmental Review Committee mitigation measures which are: 1)Limit height of future development to 35 feet; 2)Restrict access from SE 6th St.; 3) Require site plan review for any size development or redevelopment;4) Require landscaping abutting or adjacent to residentially zoned property. She explained further that the landscaping improvements would be required to be installed at the time of any building demolition or expansion, or parking stall additions or reconfigurations. Describing the terms of the agreement proposed by staff, Ms. Grueter recommended that a fixed sunset term be applied only to the building expansion which would be coordinated with the CC zone amendments. The remaining provisions of the agreement would run in perpetuity with the property and be reviewed periodically. In conclusion,Ms.Grueter said that pending Committee review, staff will prepare a resolution to be coordinated with the adoption of the 1999 Comprehensive Plan Amendments and CC zone amendments. Responding to Councilman Edwards,Ms. Grueter explained that fencing would be installed where the property abuts a residential zone. Site obscuring landscaping would be applied to property adjacent to residentially zoned property,except where modifications should be allowed to ensure visibility. Audience comment was invited. Barbra Gilbert, 3624 SE 5th Pl., Renton, 98058, expressed her concern regarding the portion of property that is currently being leased to a coffee stand. She feared a larger commercial structure being built on that portion which, along with the Taco Time Headquarters building, would make for a intensive commercial area. Describing efforts by surrounding residents to improve their neighborhood,Ms. Gilbert reiterated that she is worried about the effect the subject project could have on the area. She urged Council to stop the expansion, adding that in a few years Taco Time could, once again, ask the City to approve yet another expansion. Denise A. Carey, 3300 SE 5th St.,Renton, 98058, stated that since the subject property is not allowed access to SE 6th St., if more access points will be allowed onto Maple Valley Highway. She urged Council to look into how the June 14, 1999 Renton City Council Minutes d 217 development will affect traffic on Maple Valley Highway. Councilman Corman said since there is nothing to prevent the consolidation of the various portions of the property, the City needs to be very clear on what the property will be used for. Responding to Councilmember Keolker-Wheeler,Ms. Grueter pointed out the access points on the property,commenting that direct access is discouraged off I of Maple Valley Highway. i Responding to Councilman Edwards,Ms. Grueter stated that the coffee stand portion of the site is currently zoned Convenience Commercial and a retail establishment of up to 5,000 square feet could be built on that portion. She I explained that any development proposal would be subject to site plan review, landscaping provisions, and access restrictions. Debbie Sheridan, 3300 Maple Valley Hwy.,Renton, speaking as an employee of Taco Time, said that she has been unable to find any record of public comment at the time of the Taco Time Headquarters construction ten years ago. I Addressing the question of storage,Ms. Sheridan emphasized that food is not stored on the premises and the company has no intention of doing so in the future. Responding to Councilman Parker,Ms. Sheridan reported that trucks make deliveries to the Taco Time Headquarters but do not stay for extended periods. She thought that trucks may be parking on the vacant lot near the coffee stand. Responding to Council inquiry,Ms. Sheridan stated that if the expansion is approved,Taco Time plans to improve the parking right away and expand the headquarters within five to seven years. There being no further audience comment, it was MOVED BY EDWARDS, SECONDED BY PARKER,COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Legal: Adult Retail Uses This being the date set and proper notices having been posted and published in Moratorium accordance with local and State laws,Mayor Tanner opened the public hearing to consider extending the moratorium on adult retail uses within certain geographical locations. Mike Kattermann,Director of Neighborhoods& Strategic Planning,explained that the moratorium was initially imposed by Council in July of 1997,and has been renewed three times since then. He reviewed the conditions of the moratorium. To date, staff has been researching studies that have been done in similar jurisdictions around the country in terms of the effects of the uses on adjacent properties. Staff has also notified businesses that will potentially be affected by the proposed regulations. Mr. Kattermann reported that an approach has been developed to amend the City's existing regulations. The moratorium extension is requested to give time for the public to review and comment on the draft ordinance and resolution. He mentioned also that environmental review is currently underway and the review period expires on July 1, 1999. In conclusion, staff recommends adoption of the resolution extending the moratorium for an additional six month period. Audience comment was invited. Heidi Carlson, 806 Index Ct.NE,Renton, 98056, stated that it has been two years since she started picketing the adult book store located in the Highlands. She expressed her appreciation of the City's work regarding this matter and w-r•. NNW' ig4 U . A - 741, tee, ` " ` ;'` ,> e ,e. •s 'S 1: s, per• :;: z a. s a � ;21 ;mod f, �, c 'GIi � , .z u zxi , '`Y y UA & '�x Ar l�F0 :Z44ert AtiC14A tr eveni o LEY CO.. 1 I a 'MEN"T a' r� • BACKGROUND During the review of the Maple Valley Highway Taco Time Comprehensive Plan Amendment, Rezone, Development Agreement proposal, the City Council adopted a Planning and Development Committee Minority Report(January 4, 1999)which directed staff to: 1. Maintain the Convenience Commercial designation for the Taco Time offices, Transmission Line Easement,and espresso stand site. 2. Redesignate a small triangular portion of the southerly residential lot adjacent to Taco Time offices and the Transmission Line Easement, from Residential Single Family/R-8 to Convenience Commercial to allow Taco Time access across their leased properties. The boundary of the new CC designation will allow for a lot line adjustment that retains the single family residence, and results in a conforming lot. 3. Amend the Convenience Commercial Zone to add "existing, legal Administrative Headquarters Offices" as a secondary use and "the storage of supplies in conjunction with service and office uses" as an accessory use. For "existing, legal Administrative Headquarters Offices" allow for parking expansions, and for a one-time building expansion of 3,500 square feet maximum. No new Administrative Headquarters Offices would be allowed. These proposed amendments have been prepared and provided under separate cover. 4. Prepare a development agreement or covenants which incorporate Environmental Review Committee mitigation measures. The proposed development agreement described below would be one step in implementing the City Council's direction. DESCRIPTION OF DEVELOPMENT AGREEMENT Authority In RCW 36.70B.170, a local government can enter into development agreement with a person having ownership or control of real property. The agreement can address the permitted uses, densities, intensities, building sizes, design standards such as heights, setbacks, landscaping, and other features. PHHNDDEV\ 1 %IV Owl The development agreement must be consistent with the jurisdiction's development regulations adopted in compliance with the Growth Management Act. Subject Properties The proposed development agreement would apply to the Taco Time lease properties identified on the attached map. Current uses on the properties include corporate offices,power line/fuel line easement, an espresso stand, and rear yard area of a residential lot. General Description of Standards Permitted uses for the subject properties would be consistent with the Convenience Commercial (CC) zone allowances. The agreement assumes adoption of CC zone amendments allowing existing, legal Administrative Headquarters Offices with a one time expansion of 3,500 square feet and parking expansion. The agreement incorporates mitigation measures applied by the City during environmental review,which in summary would: 1. Limit height of future development to 35 feet. 2. Restrict access from SE 6th Street. 3. Require site plan review for any size development or redevelopment. 4. Require a 6-foot wall and 10 foot landscaped setback where the subject property abuts residentially zoned property. 5. Require site obscuring landscaping where adjacent to residentially zoned property, except adjacent to Maplewood Park where modifications should be allowed to ensure adequate visibility for purposes of public safety. Building heights would be limited to 35 feet, the current CC zone limitation. Access would be through the existing or future Taco Time development, and no access would be allowed from SE 6th street. Addressing mitigation measure 3, the administrative site plan review process would apply to development proposals which are categorically exempt from the State Environmental Policy Act. The Hearing Examiner site plan review process would apply to development proposals which are not categorically exempt from the State Environmental Policy Act. Addressing mitigation measures 4 and 5, the landscape improvements would be required to be installed prior to final City inspection of: • Any building demolition requiring a demolition permit; and/or • Building construction which expands the footprint of current buildings or adds additional buildings on site; and/or • Parking stall additions/reconfigurations which add parking/access areas to portions of properties which,at the time of this agreement,do not have improved parking/access surfaces. PHHNDDEVI 2 All other applicable City codes and requirements (e.g. parking, environmental, signs, etc.) would continue to apply to the subject properties. Future Amendment The agreement is binding on all parties and their successors: the City, the property owner, the Taco Time corporation. However, the agreement may be amended upon mutual agreement. Prior to amendment, a public hearing is required, and any amendments are to be adopted by ordinance or resolution. Term As proposed,the term of the agreement would run in perpetuity with the property. The agreement would be reviewed periodically,but not less than every 10 years. • The Planning and Development Committee requested that staff investigate the ability of the City to apply a fixed term(for example, seven years)rather than an indefinite term. Staff has confirmed with the City Attorney that a fixed term could be incorporated into the Development Agreement. If the City Council wishes to pursue a fixed term, staff would suggest that there be a sunset clause on the building expansion provision, but that the remaining provisions of the development agreement remain in effect in perpetuity (and reviewed periodically). This would ensure that the applied mitigation measures would remain in effect in perpetuity (e.g. building height and access restrictions, landscaping requirements, etc.). Staff has discussed this partial sunset clause with the City Attorney and he has agreed that a partial sunset would be appropriate. Also, if a sunset clause is applied to the one-time building expansion allowance, staff would suggest the Convenience Commercial zone amendments allowing a one-time building expansion for existing, legal Administrative Headquarters offices have a consistent sunset date. PHHNDCC PHHNDDEVt 3 I . C w ♦ ._, *11.4111)IP 5Uo ., N \.C /1 ifr' , .. .. Q � _, ( c/6 Di C1:1 U) ‹ ..(p. Nit ci / fr k > )tibv‘ <3 . a Cl.)Ci=3 -I—) 4 0 a.� a� 0 C �D D �Alo 'C'5Y 0 0 0 fi / 0 C_(Th C:\ El ED ,,„ pL4,.. ,_, u , 0 , . . 7..e- ,,ccr . aoci-o. cz s o +, eta 0 U 4.3 0 Ap, o gi C� 4 739 y o C2? WO b O ° > 0 D D • O Cv0 ii -N o W F• 4.0 Q.} qJi W.ico CD ; V Q, , CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: June 9, 1999 TO: Kathy Keolker-Wheeler, Chair Planning and Development Committee FROM: Mike Kattermann STAFF CONTACT: Lisa Grueter(ext. 6578) SUBJECT: Committee Questions-Taco Time Development Agreement At the Planning and Development Committee meeting held on May 20, 1999,the Committee requested information about the Development Agreement term, and potential future appeals of development permits. Attached is a memo from the City Attorney, as well as a memo to the City Attorney from staff. If the City Council wishes to pursue a fixed term for the Taco Time Development agreement, staff would suggest that there be a sunset clause on the building expansion provision,but that the remaining provisions of the development agreement remain in effect in perpetuity(and reviewed periodically).This would ensure that the applied mitigation measures would remain in effect in perpetuity(e.g.building height and access restrictions,landscaping requirements, etc.). Staff has discussed this partial sunset clause with the City Attorney and he has agreed that a partial sunset would be appropriate. Also,if a sunset clause is applied to the one-time building expansion allowance, staff would suggest the Convenience Commercial zone amendments allowing a one-time building expansion for existing, legal Administrative Headquarters offices have a consistent sunset date. cc: Mayor Tanner City Council Members Jay Covington Sue Carlson CITY`JOF RENTON • Office of the City Attorney Jesse Tanner,Mayor Lawrence J.Warren MEMORANDUM RECEIVED To: Mike Kattermann,Economic Development J U N 3 1999 From: Lawrence J. Warren, City Attorney ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING Staff Contact: Lisa Grueter Date': June 2, 1999 _ o Subject: Taco Time Development Agreement By memo dated May 27, 1999,you ask two questions."The first is whether or not the term of the - agreement can be for seven years rather than having the agreement come back to the Council for periodic review. That can be done. However, if there is going to be any subsequent rezoning of the property, this will require public notice and public hearing. That process should be started well in advance of the termination date of this agreement so that we would not have zoning on the property without the safeguards of the development agreement. The next question you ask is whether or not the neighbors or Taco Time could appeal the hearing examiner's site plan decisions despite the development agreement. I believe the answer is that such an appeal is possible. I do not believe that Taco Time can seek a more liberal interpretation of the uses and development standards for the property contained within the development agreement because of the written terms of the agreement. However,the examiner could impose an additional condition, say under his SEPA authority, which would go beyond the agreement and which Taco Time would like to appeal. I hope this adequately answers your questions. Should you have any other questions please let me know. Lawrence J. arren LJW:as. cc: Jay Covington A8:160.26. Post Office Box 626 - 100 S. 2nd Street - Renton, Washington 98057 (425)255-8678. CITY OF RENTON ECONOMIC DEVELOPMENT NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: May 27, 1999 TO: Larry Warren FROM: Mike Kattermann • STAFF CONTACT: Lisa Grueter(ext. 6578) SUBJECT: Taco Time Development Agreement—Committee Questions At the last Planning and Development Committee meeting,there were two questions: • Can we put a fixed term in the development agreement(e.g. 7 years)instead of stating the agreement would have periodic review? Lisa said yes it was possible, and we have some language we'd like to confirm with you that would replace the term language on page 6: Section 10. Term The term of this Agreement shall be seven (7)years from the date fully executed, after which it will expire. If we have a sunset clause in the development agreement,we probably need a sunset clause in the code amendments to the CC zone that allow for a one time building expansion. • Can Taco Time or the neighbors still appeal Hearing Examiner site plan decisions despite the development agreement? Can the Hearing Examiner apply conditions different than the agreement? We responded that we thought that there would be opportunity for appeals since the permit process allows for it. Also,the Hearing Examiner could be more strict, and that he would have the authority to apply conditions consistent with the code authority granted to him. We thought we should confirm our interpretation with you and see if you had any other thoughts. The Committee would like responses to their questions prior to a scheduled public hearing on June 14, 1999. If you could contact me or Lisa by June 8th,we would appreciate it. Thank you. 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E p E c O O "- Er) Ta cn - to o I J Si 3 c -a3oca � = c a a m � v, .0 ;es:� ti Q C.):�ii• cao -) -) 13 NLoJ j • �J co cCA H cv F- d• A, PQ • CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 14th day of June, 1999, at 7:30 p.m. as the date and time for public hearings to be held in the seventh floor Council Chambers of the Renton Municipal Building, 1055 S. Grady Way, Renton, 98055, to consider the following: Taco Time Convenience Commercial (CC) Zone Amendments '2. Taco Time Proposed Development Agreement/Covenants 3. Extension of Moratorium on Adult Retail Uses All interested parties are invited to attend the public hearings and present written or oral comments regarding the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Call 430-6510 for additional information. / 1/4 O. Marilyn, - en City Clerk Published South County Journal May 28, 1999 Account No. 50640 ' 5/28/99 — Mailed to Parties of Record (170) May 24, 1999 "— Renton City Council Minutes `ale Page 194 Committee recommending that a public hearing be set on June 7, 1999 on proposed Planning: Multi-Family Urban changes to the Multi-Family Urban Zoning Code. These proposed changes Zoning Code Changes would make several procedural changes in the zoning text. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning: Convenience Planning&Development Committee Chair Keolker-Wheeler presented a report Commercial(CC)Zone regarding the proposed development agreement and covenants for the area of Changes the Taco Time headquarters,and proposed amendments to the Convenience Commercial(CC)zone. First,based on the adopted Planning&Development Committee report from January 4, 1999, staff has prepared proposed amendments to the CC zone office allowances as well as minor amendments to accessory storage in all commercial and industrial zones. A public hearing is needed in relation to the proposed amendments. Second,also based on the adopted committee report, staff in conjunction with the City Attorney have prepared a proposed development agreement for the Taco Time corporation and property owner. The development agreement is based on the ultimate adoption of CC zone amendments regarding allowances for existing, legal administrative headquarters offices with minor parking and square footage allowances. The agreement would include Environmental Review Committee mitigation measures. Since the proposed development agreement changed substantially since the time of the Planning Commission's public hearing last September 1998,another public hearing should be held. Last, as another implementation of the last adopted committee report,the City Attorney has prepared covenants for the Conrad properties to be redesignated from Residential Single Family/R-8 to Residential Options/R-10. Other covenants have been prepared related to ERC mitigation measures for the Cedar River Barbershop and Market which would be redesignated from Residential Single Family/R-8 to Convenience Commercial (CC). The Planning and Development Committee also recommended two public hearings be held on the same evening for the CC zone amendments, and for the proposed Taco Time development agreement. The recommended hearing date for both items would be June 14, 1999. The Committee also recommended approval of the proposed covenants for the Conrad and the Cedar River Market and Barbershop properties. MOVED BY KEOLKER-WHEELER, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Councilman Schiltzer explained that his"no"vote reflected his opposition to the expansion of the Taco Time headquarters building, which was approved by Council in January. Development Services: Planning&Development Committee Chair Keolker-Wheeler presented a report Bethlehem Lutheran Church regarding the request from Bethlehem Lutheran Church for tree clearing. This Tree Clearing(Variance issue was heard by the committee on May 20, 1999. Mr. Larry Holcomb, Request) representing Bethlehem Lutheran Church(1024 Monroe Ave.NE),had requested that the Council allow the church to vary from the Land Clearing and Tree Cutting Ordinance by permitting the removal of 24 cottonwood trees simultaneously, rather than at the rate of six trees per year as allowed by Code. Four potential options were identified: 1. The church could apply for a hearing examiner variance from the Land Clearing and Tree Cutting Ordinance in order to allow the simultaneous clearing of 24 trees. APPROVED BY IOW "MOO CITY COUNCIL Date S- AV..17 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 24, 1999 Taco Time Area Proposed Development Agreement/Covenants Convenience Commercial (CC)Zone Amendments (April 13, 1998; May 10, 1999) First, based on the adopted Committee report from January 4, 1999, staff has prepared proposed amendments to the Convenience Commercial Zone office allowances as well as minor amendments to accessory storage in all commercial and industrial zones. A public hearing is needed in relation to the proposed amendments. Second, also based on the adopted Committee report, staff in conjunction with the City Attorney have prepared a proposed Development Agreement for the Taco Time Corporation and property owner. The Development Agreement is based on the ultimate adoption of CC zone amendments regarding allowances for existing, legal administrative headquarters offices with minor parking and square footage allowances. The agreement would include Environmental Review Committee mitigation measures. Since the proposed Development Agreement changed substantively since the time of the Planning Commission public hearing last September 1998, another public hearing should be held. Last, as another implementation of the last adopted Committee report, the City Attorney has prepared covenants for the Conrad properties to be redesignated from Residential Single Family/R-8 to Residential Options/R-10. Other covenants have been prepared related to ERC mitigation measures for the Cedar River Barbershop and Market which would be redesignated from Residential Single Family/R- 8 to Convenience Commercial. The Planning and Development Committee recommends two public hearings be held on the same evening for the CC Zone amendments, and for the proposed Taco Time Development Agreement. The recommended hearing date for both items would be June 14, 1999. The Committee also recommends approval of the proposed covenants for the Conrad, and Cedar River Market and Barbershop properties. ---4t1(.44/ /dt-ebs A,)kfu2A Kathy Kealker-Wheeler, hair Bob Edwards,Vice Chair Dan Clawson, Member cc: Mike Kattermann P&DPH\ w.rr Ns." CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS, AND STRATEGIC PLANNING MEMORANDUM DATE: May 6, 1999 CITY OF RENTON TO: Kathy Keolker-Wheeler, Chair Planning and Develo ment Committee `At' 0 6 1999 FROM: Mike Kattermann E;ECF IVED K'S OFFC. STAFF CONTACT: Lisa Grueter(ext. 6578) SUBJECT: Maple Valley Taco Time Area — Proposed Development Agreement and Covenants ISSUE: • Whether to execute the attached development agreement for the Taco Time Corporate properties which incorporates ERC mitigation measures and which implements City Council direction related to maintenance of the Convenience Commercial zone, and limited parking and building expansion? The property owner and the Taco Time Corporation would also execute the development agreement. • Whether to proceed with the attached covenants for other properties in the Maple Valley Taco Time area, consistent with Council direction related to the redesignation of the Conrad properties, Cedar River Market and Cedar River Barbershop? Covenants would be executed by the property owners. RECOMMENDATON: • Set a public hearing and authorize the Mayor to execute the development agreement with Taco Time and the property owner. • Approve the proposed covenants. BACKGROUND SUMMARY: Pursuant to the City Council's adoption of a minority Committee Report on January 4, 1999, staff has prepared covenants and a development agreement. The covenants were prepared by the City Attorney. The Development Agreement was prepared by Neighborhoods and Strategic Planning staff with input by the Development Services Division staff and with oversight and review by the City Attorney. Covenants were prepared for the following properties: May 6, Nuiro Page 2 • Cedar River Market and Cedar River Barbershop properties: For these properties, the Comprehensive Plan Land Use Designation and Zoning Map would be amended from Residential Single Family/R-8 to Convenience Commercial. The covenants include ERC mitigation measures. The covenants would help staff to remember these mitigation measures if development applications are made in the future that would trigger SEPA thresholds. The mitigation measures reflect standards found in the Convenience Commercial zone. • Conrad vacant parcels: The Council directed that the properties be redesignated from Residential Single Family/R-8 to Residential Options/R-10 subject to a development agreement or covenants which limit the number of lots to 7,limit the unit type to detached single family only, and indicate that initial home construction should be one-story with future remodels governed by the R-10 zone in effect at the time. Covenants were prepared which list the conditions requested by Council. The covenants are being sent to the property owners for their review. Once legal descriptions are finalized, and the property owners have reviewed them,the covenants would be signed. They would be recorded by the City. The covenants should be signed prior to approval of the Comprehensive Plan Amendments/Rezones. The covenants become effective upon the approval of the Comprehensive Plan Amendment/Rezone ordinances. The development agreement revises previous drafts that assumed the EA-C/CA proposed designation. The new development agreement assumes a designation of CC, and incorporates applicable ERC mitigation measures: • Taco Time lease/option properties: For these properties,the Council gave direction as follows: 1. Maintain the Convenience Commercial designation for the Taco Time offices, Transmission Line Easement, and espresso stand site. 2. Redesignate a small triangular portion of the southerly residential lot adjacent to Taco Time offices and the Transmission Line Easement, from Residential Single Family/R-8 to Convenience Commercial to allow Taco Time access across their leased properties. The boundary of the new CC designation will allow for a lot line adjustment that retains the single family residence, and results in a conforming lot. 3. Amend the Convenience Commercial Zone to add"existing, legal Administrative Headquarters Offices" as a secondary use and"the storage of supplies in conjunction with service and office uses" as an accessory use. For"existing, legal Administrative Headquarters Offices" allow for parking expansions, and for a one-time building expansion of 3,500 square feet maximum. No new Administrative Headquarters Offices would be allowed. These proposed amendments have been prepared and provided under separate cover. 4. Prepare a development agreement or covenants which incorporate Environmental Review Committee mitigation measures. The new draft development agreement is being sent to the property owner and to Taco Time Corporate offices for their review. Taco Time staff are preparing legal descriptions for inclusion in the development agreement and the Comprehensive Plan Amendment/Rezone ordinances. A public hearing would need to be scheduled regarding the development agreement. May 6, 1999 ,orse "woo Page 3 CONCLUSION: The proposed development agreement and covenants have been prepared in response to Council direction and would help ensure that development occurs consistent with the intent to ensure that development occurs compatibly. cc: Mayor Tanner Council Members Jay Covington Sue Carlson Larry Warren Marilyn Petersen P&DCOV - __ Draft May 5, 1999 DEVELOPMENT AGREEMENT PARTIES This agreement made and entered into this day of , 1999, by and between the City of Renton ("City"), a municipal corporation of the state of Washington, and John W. Dobson, owner of parcels of property within the area covered by this development agreement ("Owner"), and Matthew Tonkin, president of Taco Time and lease purchaser of the same parcels of property within the area covered by this development agreement("Lease Purchaser"). RECITALS WHEREAS, there are existing corporate offices and commercial uses generally in the area north of Maple Valley Highway at the intersections of Monroe Avenue S.E. and Maplewood Place S.E.; and WHEREAS, those office commercial uses and related property are presently zoned Convenience Commercial (CC); and WHEREAS, the owner of the building presently housing the Taco Time corporate offices has indicated a desire to expand those headquarters and parking areas; and WHEREAS, the Convenience Commercial zone will not accommodate such expansion; and WHEREAS, the City Council of the City of Renton, Washington believes that such expansion can be accommodated pursuant to Comprehensive Plan Amendments/Rezones, Renton Municipal Code amendments, and a development agreement as authorized in RCW Chapter 36.70B.170 through 210; and WHEREAS, the parties have negotiated the proposed development agreement; and WHEREAS, the Planning Commission held a public hearing about the Comprehensive Plan Amendments/Rezones redesignating properties from Convenience Commercial and Residential Single Family/R-8 to Employment Area Commercial/Arterial Commercial, potential Renton Municipal Code amendments, and associated development agreement on September 6, 1998; and, WHEREAS, the City Council adopted a Planning and Development Committee minority report on January 4, 1999 which recommended retention of the Convenience Commercial designation for the Taco Time properties, redesignation of a small portion of an adjacent Residential Single Family/R-8 zoned lot to Convenience Commercial for access/parking purposes, and amendment of the Convenience Commercial zone to allow existing, legal administrative headquarters offices - with a moderate expansion of offices, and parking; and WHEREAS, the adopted Committee report also includes recommendations for development agreements or covenants which incorporate Environmental Review Committee mitigation measures; and 1 Draft May 5, 1999 WHEREAS, this development agreement has been presented at a public hearing before the City Council held on the_day of , 1999;and WHEREAS, the City Council has taken into account the public comment presented at that public hearing; and WHEREAS, this development agreement has been reviewed and approved by the City Council of the City of Renton,Washington; and WHEREAS, this development agreement appears to be in the best interests of the citizens of the City of Renton,Washington; NOW, THEREFORE, the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govern, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. SECTION 2. SUBJECT PROPERTIES A. Legal Description and Illustrative Map: The subject property is legally described in Exhibit A, attached hereto and incorporated by reference as if fully set forth, and graphically represented in the drawing attached as Exhibit B and incorporated herein as if fully set forth. B. King County Property Identification Numbers: The following list indicates the King County Property Identification Numbers applicable at the time of this development agreement, and a brief description of current uses on the properties: Property Identification General Description of Number Current Uses 5126900205 Southerly portion of said property to be redesignated Convenience Commercial allowing access/parking, and northerly portion to remain residentially designated recognizing existing home 5126900211 Location of corporate offices 5126900215 Location of espresso stand 1632059017 Power line and fuel line easement area 2 • __ Draft May 5, 1999 SECTION 3. DEVELOPMENT STANDARDS A. Permitted and Prohibited Uses: 1. Permitted and Prohibited Uses. Except as provided in subsection A.2 below, the applicable conditions of the Convenience Commercial Zone identified in the Renton Municipal Code (RMC) Title 4, Development Regulations, in effect at the time of this agreement, or as thereafter amended, shall apply to interpretation of permitted and prohibited uses applicable to the subject properties. 2. Maximum Expansion of Existing, Legal Administrative Headquarters Offices. Existing, legal administrative headquarters offices are permitted secondary uses, subject to: a. Parking expansions may be allowed in accordance with RMC Title 4 Parking, Loading and Driveway Regulations in effect at the time of this agreement, or as thereafter amended. b. A one-time expansion of building square footage, not exceeding 3,500 square feet may be permitted, subject to: i. The site plan review process; and ii. The building expansion shall be addressed in a single site plan review application; and iii. Once all necessary approvals are obtained, the expansion is constructed, and occupancy is permitted,no additional expansions shall be allowed. c. Parking and building expansion related to the Taco Time Corporate Offices should be generally consistent with the conceptual plan in Exhibit C, unless changes are warranted in order to meet all applicable City regulations and requirements. d. The site plan review process shall be conducted in accordance with Section 5 of this Agreement. B. Site Development Standards: The development standards of the RMC Title 4 in effect at the time of this agreement, or as thereafter amended, shall apply to the subject properties, except as provided in subsection B.1 to B.3 below. 1. Building Height: Maximum building height shall be 35 ft., except for Wireless Communication Facilities which shall comply with the height standards and Airport Related Height Limits of the RMC Title 4 in effect at the time of this agreement, or thereafter amended. 2. Landscaping: a. Standards: 3 Draft May 5, 1999 LANDSCAPING Minimum Landscape Width Required Along 10 ft.,except where reduced through the site plan Public Streets review process. Minimum Landscape Width Required When 15 ft. wide sight-obscuring landscape strip. The a Commercial Lot is Adjacent to Property Hearing Examiner may modify the sight-obscuring Designated Residential) provision in order to provide reasonable access to the property through the site plan review process. If the CC lot is adjacent to Maplewood Park,non-sight-obscuring landscaping shall be allowed where appropriate to ensure adequate visibility for purposes of public safety. If the street is a designated arterial by the Transportation Element of the Comprehensive Plan,non-sight- obscuring landscaping shall be provided unless otherwise determined by the Hearing Examiner through the site plan review process. These provisions may be modified by the Hearing Examiner through the site plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc.,that cannot be fully anticipated at this time. Minimum Landscape Width Required When A 10 ft. sight- obscuring landscape strip shall be a Commercial Lot is Abutting to Property provided. A solid 6' barrier wall shall also be provided Designated Residential) and located within the landscaped strip. A maintenance agreement or easement for the landscape strip shall be secured. A solid barrier wall shall not be located closer than 5' to an abutting residentially zoned' lot. These provisions may be modified by the Hearing Examiner through the site plan review process where the applicant can show that the same or better result will occur because of creative design solutions, unique aspects or use, etc., that cannot be fully anticipated at this time. 1 R-1, R-5, R-8, R-10, R-14, or RM-I zones, or the successor zones most similar to the listed zones which exist at the time of this agreement. b. Timing of Landscape Improvements: For the subject properties, the landscape requirements of subsection B.2.a shall be applied, and installed prior to final City inspection of: i. Any building demolition requiring a demolition permit; and/or ii. Building construction which expands the footprint of current buildings or adds additional buildings on site; and/or 4 Draft May 5, 1999 iii. Parking stall additions/reconfigurations which add parking/access areas to portions of properties which, at the time of this agreement, do not have improved parking/access surfaces. For any other development applications requiring City review, the reviewing official shall determine application of landscaping requirements to address the potential visual and compatibility effects of the specific development request. 3. Access for Taco Time Corporate Properties: Access for the subject properties shall be through the existing or future Taco Time development, and not from Newport Ave • SE. (SE 6th St.) SECTION 4. LOT LINE ADJUSTMENT Prior to the issuance of any City permits allowing expansion based on Section 3.A.2 of this Agreement, , the Owner or his agent, or the Lease Purchaser with the Owner's consent shall prepare and submit a Lot Line Adjustment application which adds the southern portion of Parcel No. 5126900205 to either parcel number 5126900211 or 1632059017. The purpose of the lot line adjustment is to allow the Taco Time Corporation access across their leased properties. The boundary of the lot line adjustment shall: A. Recognize the boundary of the Convenience Commercial designation on Parcel Number 5126900205 as shown on Exhibit B; and B. Result in a conforming lot for the northerly portion of Parcel Number 5126900205 and allow retention of the existing single family residence that will remain designated Residential Single Family/R-8. SECTION 5. SITE PLAN REVIEW A. When Required: For the subject properties, site plan review is required for any size development or redevelopment. B. Review Authority and Hearing: The following subsections supersede RMC Section 4-9-200.0 and D, Exemptions and Criteria to Determine if Public Hearing is Required, respectively. All other provisions of RMC Section 4-9-200 shall apply. 1. Development proposals which are categorically exempt from review under the State Environmental Policy Act shall be subject to the administrative site plan review process. 2. Development proposals which are not categorically exempt from review under the State Environmental Policy Act shall be subject to the Hearing Examiner site plan review process. _ C. Other Requirements: See Section 3.A.2 of this Agreement. SECTION 6. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, the development agreement is enforceable during its term by a party to the agreement. The development agreement and development standards in the agreement shall govern during the term of the agreement. The agreement may not be subject to a new zoning ordinance or an 5 Draft May 5, 1999 amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, unless otherwise provided in the agreement. Any permit or approval issued by the City after the execution of the agreement must be consistent with the development agreement. SECTION 7. EFFECT OF OTHER CITY REGULATIONS A. Definitions: The definitions of RMC Title 4 in effect at the time of this agreement, or as thereafter amended, shall apply to interpretation of permitted uses and site development standards provided in this development agreement. B. Parking: The Parking and Loading regulations of RMC Title 4 in effect at the time of this agreement, or as thereafter amended, shall apply to this development agreement. C. Environmental Review/Sensitive Areas: Where applicable, all development shall comply with all environmental review and sensitive area regulations, including, but not limited to, Greenbelt Regulations, Wetlands Management, Aquifer Protection, Tree Cutting and Land Clearing, Landscaping, Shoreline Master Program, Flood Hazards, and Environmental Ordinance (SEPA), addressed in Title 4 and Title 8 of the Renton Municipal Code which are in effect at the time of this agreement, or as thereafter amended. D. Signs: The Sign Code, RMC Title 4, in effect at the time of this agreement, or as thereafter amended, shall apply to this development agreement. E. Other Development Regulations and Permits: Development shall be subject to any other applicable development standards or requirements not otherwise specified in this agreement including, but not limited to, permit process requirements, impact fees, mitigation measures, development conditions, street and utility regulations and specifications, subdivision regulations, and health and sanitation regulations, which are in effect at the time of this agreement, or as thereafter amended. SECTION 8. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 9. RECORDING Pursuant to RCW 36.70B.190, this development agreement shall be recorded with the real property records of King County. During the term of the development agreement, the agreement is binding on the parties and their successors. SECTION 10. TERM This development agreement runs in perpetuity with the subject properties, unless amended or rescinded by the City Council in accordance with the procedures of Section 11 below. The parties of this development agreement agree to evaluate the agreement periodically, but not less than every ten years. Where appropriate, periodic review of the development agreement shall generally coincide with the City's evaluation of its entire Comprehensive Plan every ten years, pursuant to RMC Title 4 in effect at the time of this agreement, or as thereafter amended. 6 * _° Draft May 5, 1999 SECTION 11. AMENDMENT The provisions of this agreement may only be amended with the mutual consent of the parties. No additions or alterations of the terms of this agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of all parties. The City shall consider amendments to the development agreement after a public hearing by the designated hearing body, and any amendments shall be adopted by ordinance or resolution of the City Council, and thereafter recorded. DATED this day of , 1999. CITY OF RENTON By: Jesse Tanner, Mayor Attest: Marilyn J.Petersen, City Clerk Approved as to Form: Lawrence J. Warren, City Attorney STATE OF WASHINGTON ) )ss COUNTY OF KING ) THIS IS TO CERTIFY that on day of , 1999, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of the City of Renton, a municipal corporation that executed the within and forgoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said City for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute such instrument, and that the seal affixed, if any, is the corporate seal of said City. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington. Notary: My appointment expires: Nier *lee Draft May 5, 1999 PROPERTY OWNER John W.Dobson STATE OF WASHINGTON ) )ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that John W. Dobson is the person who appeared before me and who signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the State of Washington. Notary: My appointment expires: TACO TIME By: Matthew Tonkin,President STATE OF WASHINGTON ) )ss COUNTY OF KING ) THIS IS TO CERTIFY that on this _ day of , 1999, before me, the undersigned, a notary public in and for the State of Washington, duly commissioned and sworn, personally appeared Matthew Tonkin to me known to be the President of Taco Time, the corporation that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, and that the seal affixed, if any, is the corporate seal of said corporation. • WITNESS my hand and official seal the day and year in this certificate first above written. NOTARY PUBLIC in and for the State of Washington. Notary: My appointment expires: 8 vow Draft May 5, 1999 EXHIBIT A LEGAL DESCRIPTION [To Be Provided] 9 '44140 '` 4100 Draft May 5, 1999 EXHIBIT B ILLUSTRATIVE MAP [To Be Provided] 10 i. a \ W / is a \ i I W W z o U a) : . 1:1")),, m H Z o II ( = ` H Lt \ W i wa _ zi o cn . : a i [-• 1. • "ail ..::- c.) .z . - Ce) : . 0 ( . i i .... 4.4 :.\ .,,:.\\*Af,,t ' i- .: . , A . & .,,,........:\. \\... , ,119...../.. \ \ 101( p ' '`\''.7 / A - C7�\�� \i \ v) 4! i T NU r 'I t' Ai \ P oA q // a \- . \\\` F a --I M� il U v)r n Ems,.,• AZ < � � � VI \ cE a \�: I1 z \\• 4ttW H W W FF.. cn ° a Aa a WC7 o W � 0 / \. 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VO.,\\ ,,- ' ..,‘ `. --‘' . \ _ N, \ \\\ ,„. ,;.,:k .•:. ...- . ‘..A ., 2- . i ;� . k:.•,\ , C ';T 4 A-7 '7ll,NT14.i(ITV RESTRICTIVE COVENANTS WHEREAS, the undersigned is owner of certain real property located within the City of Renton; and WHEREAS,that real property is legally described as: See Exhibit A attached hereto and incorporated by reference as if fully set forth and WHEREAS, the undersigned has participated in a Comprehensive Plan Amendment and Rezone for the property described in Exhibit A, which Comprehensive Plan Amendment and Rezone were subject to certain conditions which are to be imposed upon the property through these covenants; and WHEREAS, the undersigned wishes to procure for the benefit of the property the Comprehensive Plan and Rezone; NOW, THEREFORE,the undersigned imposes the following covenants: 1. The number of residential lots that can be achieved on this property shall be limited to seven, and the structures that may be constructed on the property are detached single-family dwelling units only. 2. Initial construction shall be limited to one story in height, with future remodels governed by the R-10 zoning in effect at the time of remodel, or the successor zone most similar to the R-10 zone which exists as of the time of this covenant. 3. The lot layout to be used for the single-family homes shall be similar to the preliminary site plan received by the City on December 16, 1998, attached hereto as Exhibit B, RESTRICTIVE COVENANTS - 1 IOW Nor0 and shall be consistent with all City ordinances and codes effective as of the date of recording of these covenants. These covenants shall not be effective until the adoption of the Comprehensive Plan Amendment and Rezone which serve as the basis of these covenants. DATED this day of , 1999. STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: My appointment expires: RESTRICTIVE COVENANTS - 2 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. 15ATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: Ag.159:14. My appointment expires: RESTRICTIVE COVENANTS - 3 % . o-ose ME) -aLs 'wr-1M I.C086 'BM '111aWd I0Z'S 81343 : mod] DNI1133NIDN3 213JIV1/ slcri L 24-7d IsOHS a 4 rCO V id 4 i 1 R 1 e s - ?I7 0 a �� `p` 4( la - Q 'It) ` vi 8 f _ilia _n 3 M n.// , 0 -- uJ IA a o In _ , id v a LL ,cF? LIl W�. t / \\ 7 J 0e CO ft)9 N '0%9 ,a�a•o42 \�\ 9 ,opC o 64/ \ /N i \ ,�. \co I ( \i *-0 0 i _� G ° _ n /), 3 v' 44F — � z /��i aJ ny0�4� / V•o- aS. c�S / .FaLe4., /A./ ui l'?-f.,.....,,,,y c4 §.. >cn vt g Nt' _I - enaill . . 0oao g g ig h x ?u] o 1 .. 00i . to t . S J iii a knq VI N 6 Qo zzzzz 0. 6 RESTRICTIVE COVENANT WHEREAS, the undersigned is owner of certain real property commonly known as the Cedar River Market located within the City of Renton; and WHEREAS, that real property is legally described as: See Exhibit A attached hereto and incorporated by reference as if fully set forth and WHEREAS, the undersigned has participated in a Comprehensive Plan Amendment and Rezone for the property described in Exhibit A, which Comprehensive Plan Amendment and Rezone were subject to certain conditions which are to be imposed upon the property through these covenants; and WHEREAS, the undersigned wishes to procure for the benefit of the property the comprehensive plan and rezone; NOW, THEREFORE,the undersigned imposes the following covenant: Upon any development that occurs which triggers SEPA review under the SEPA ordinance in effect at the time of this covenant, the following additional improvements will be installed as partial environmental mitigation: a. A six foot wall in addition to required ten foot landscaped setbacks where properties redesignated Convenience Commercial (CC) abut residential zoned properties. - b. Sight obscuring landscaping where properties redesignated Convenience Commercial (CC) are adjacent to residentially zoned properties, except adjacent to Maplewood Park where modifications to sight obscuring RESTRICTIVE COVENANT - 1 landscaping should be allowed to ensure adequate visibility for purposes of public safety. This covenant shall not be effective until the adoption of the Comprehensive Plan Amendment and Rezone which serve as the basis of these covenants. DATED this day of , 1999. STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: My appointment expires: RESTRICTIVE COVENANT - 2 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: A8.159:01. My appointment expires: RESTRICTIVE COVENANT - 3 RESTRICTIVE COVENANT WHEREAS, the undersigned is owner of certain real property commonly known as the Cedar River Barber Shop located within the City of Renton; and WHEREAS,that real property is legally described as: See Exhibit A attached hereto and incorporated by reference as if fully set forth and WHEREAS, the undersigned has participated in a Comprehensive Plan Amendment and Rezone for the property described in Exhibit A, which Comprehensive Plan Amendment and Rezone were subject to certain conditions which are to be imposed upon the property through these covenants; and WHEREAS, the undersigned wishes to procure for the benefit of the property the Comprehensive Plan and Rezone; NOW, THEREFORE, the undersigned imposes the following covenant: Upon any development that occurs which triggers SEPA review under the SEPA ordinance in effect at the time of this covenant, the following additional improvements will be installed as partial environmental mitigation: a. A six foot wall in addition to required ten foot landscaped setbacks where properties redesignated Convenience Commercial (CC) abut residential zoned properties. b. Sight obscuring landscaping where properties redesignated Convenience Commercial (CC) are adjacent to residentially zoned properties, except adjacent to Maplewood Park where modifications to sight obscuring RESTRICTIVE COVENANT - 1 landscaping should be allowed to ensure adequate visibility for purposes of public safety. This covenant shall not be effective until the adoption of the Comprehensive Plan Amendment and Rezone which serve as the basis of these covenants. DATED this day of , 1999. STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: My appointment expires: RESTRICTIVE COVENANT - 2 • STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that is the person who appeared before me and who signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1999. NOTARY PUBLIC in and for the state of Washington. Notary: A8.159.02. My appointment expires: RESTRICTIVE COVENANT - 3 •-,„„,„,„,,,,...,., ', ,„ „„,----„,„ •,,, .2\-- •-,,, 7 *lir •, 7 \ ' 1 ...., \-\\ \ , \ 7 i c„ 7 cb .y. .„ . \.,. 7 ,,// ±, cr) u c a) '„,.. fr \ \ \ / ',, , , \ \ \ \ ,,‘ ) /\,/ , , / L/•'/,"'i /: / -3,_____7 ., \ \ /1 ' , / 1 '" "17/,„„ /. , , „, ,.„./- , , ., ,,.. ,_::, ,,..„,,„...; -I-) -...„.,./ „....„ / • . ...,, „.,,, ,. ) \ -------\\ CI)....„ , ,,:‘,-,•,„/ ,--1 ,..., , •,,,,, „,,,,, / 1 - , \ \ ' 0....4 CD ..„, ,7--., -.„.„.., ' L ----i '-- ',. , -- .._ , ‘, , \ ",. / , (1.) Ll'i v— , 7 ' , 1 1 , . \ , / ,...„......... \ / 1:::)._,C ,...„„..,„.„„ „...„,„..„,....* i ,..a......„., , , r-------7-----...„, / N „....s.„..., / 1 . 4....) 1 1 „ „.., 1 ._,..\ ,"......„, .____ ,,,,,,....,„, ____ 1,--... , 1 . \ \ 1 ,-----\ L ,,, , 1 s.,. ri / ,,, ) ,. ... ... /,,,,,/,,,, ----„,_ ,... .. . ,...- ......„-- / T:,..„.„. - -, CI) g lc) fic\I ....., „„,...,,, , , i a 1 / r........1 .2), r "d Ili , 0 i ,,,„ / •F...4 ;-----,,,. I C il ,,c7\2 -4--) oks . // ,,,,,, ,!,,... / . , , CI co '''E./. 1 1 C --ti _7 i t ''' cn ,,,,4"/ kg ,---, i r---1 't --- --„, ' c ---5- I.,„ .„," _,,* •/ (1.) 2 c4 --.) ai ,--Y 'F-, 42 , t.::: ... ,„„.,„„, 0 (' ,. )7, ....„.. Z/ / , 1 ... „?.., T1 , , , ,..„. / 'll s,., :','., pr' ,, ,,/ ,, ) f c c4 ' N.,„,,,/ , ' ....' 1 +410 l , i / / ' 0 giC, / ,,. 71 ,„, „ L / / ' / ..„ 7 / .---- , .„.„... -„,--, I / , , , . / ,..„ '-,„, i LOCATIONS OF POSTINGS DONE ON 5 - 7— , 1999. Notice of Public Hearing, 6/14/99, 7:30 p.m. to consider: 1) Convenience Commercial(CC) Zone Amendments and Commercial& Industrial Zone Amendments;and 2) Taco Time proposed Development Agreement 1. Gi�2 /C �L. J — e-tdeVL Movz,he- ' 2. 3 y l 5. 6, bi )-4-- f 3. S C el 1,Qldalit '1 E/ i - , 4. yr 5 1r 2 -5-z 4 Afr 1- Klad 14471-14- 5. :3-3 _S A 1- ' '.7{- 6. '- A / . CERTIFICATION STATE OF WASHINGTON) ss COUNTY OF KING ) /n'� I Pet WI/Upon on/3 e 1!I HEREBY CERTIFY THAT COPIES OF THE ABOVE NOTICE WERE POSTED BY ME IN SIX OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, 1055 SO. GRADY WAY, RENTON, WA ON DATE OF S-v2'%-�i� SIGNED Paley 0 'Idr ,.- SUBSCRIBED AND SWORN TO BEFORE ME this ti day of !r/ , 19 1 7 Notary Public in and for the State of Washington, residing at \S,e), CJW.3Z.__. . . .►, NOTICE RENTON CITY COUNCIL PUBLIC HEARING ON JUNE 14, 1999 AT 7:30 P.M. RENTON CITY HALL COUNCIL CHAMBERS, 7TH FL. 1055 South Grady Way TO CONSIDER THE FOLLOWING: 1) Convenience Commercial (CC) Zone Amendments and Commercial & Industrial Zone Amendments; and 2) Taco Time Proposed Development Agreement HQ HQ HR H ,, H HP H Ho 411:"H� c-H • 4 H oa H 0 o0 Hap( a I�P� / j� 7c7 QJ o <,,,, :1 .oE�_ � N ,2 h HH'-,._ i Potential Development Agreement Building bject Aren outlines Su Neighborhoods k Strategic Planning ED/N//SP T.S�AI<p.R.Y.cOnie T p.�.�ae.. ase All interested parties are invited to attend and present written and/or oral comments. Further information available in the City Clerk's Office-425 430-6504 The removal, mutilation, destruction, or Warning concealment of this notice is a misdemeanor punishable by fine and imprisonment. 'rr +.r z N C: L u J F- Z Z - W O Z 0 U. CC 0 - I- - I- 0 w CC 0 CC LiJ CC LJ Q 0 W Z W 0 0 ►- — Li J C: W > 0Y f- O C= J Z < 0 z Z W W 0 W le J - Z > I- z0cCcCcCI- 0 Q O0 < 0 c...) t U C: - CC Z U c CI Z ~O I- C_ w 0 V) >- ¢ < N C7 00 )-0 QZ QZ U Q IQ wcLcCcCcL cLcLaa1- C J 00000 W W W Lu1- 0 C_ u. U. LL L- >- C_ C.. CC CC Q LL DDDDC(4RDDDDD V t r,, ,.. ,,. . , , Ai .,„„„ �M c Z 1 E%., lk .4 N X 4:".i--.. a:N z o w z E -....i. a0 aa0Q NOTICE RENTON CITY COUNCIL PUBLIC HEARING ON JUNE 14, 1999 AT 7:30 P.M. RENTON CITY HALL COUNCIL CHAMBERS, 7TH FL. 1055 South Grady Way TO CONSIDER THE FOLLOWING: 1) Convenience Commercial (CC) Zone Amendments and Commercial & Industrial Zone Amendments; and 2) Taco Time Proposed Development Agreement Ci6 e oo � Lb' o � o 0 o t 4* 00 o0 o0 0 oaI\ o � oQ �( o o � QSe /0/ o <o 00' 20 o : ,��5� Potential Development Agreement Building Outlines e „)„,,,,,,,:;,c,.:trateg' Planning SUb�eCt Area All interested parties are invited to attend and present written and/or oral comments. Further information available in the City Clerk's Office - 425 430-6504 The removal, mutilation, destruction, or ;: saineeanor arnin sonment. CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 14th day of June, 1999, at 7:30 p.m. as the date and time for public hearings to be held in the seventh floor Council Chambers of the Renton Municipal Building, 1055 S. Grady Way, Renton, 98055, to consider the following: �1. Taco Time Convenience Commercial (CC)Zone Amendments 2. Taco Time Proposed Development Agreement/Covenants 3. Extension of Moratorium on Adult Retail Uses All interested parties are invited to attend the public hearings and present written or oral comments regarding the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Call 430-6510 for additional information. 1/4 , �„ . Marilyn": en City Clerk Published South County Journal May 28, 1999 Account No. 50640 * 5/28/99 - Mailed to Parties of Record (170) ❑ P Now 4 -, 41Opp ,,.,,,., 4 illir4111,411P 41)rjr-\ in,y U1 0 Q f•,.: i 'Qi -'-7 44 +' t_.) , N 0,,, ,c,>, /7 'ZS ri0 Gq (/) .10 4 C::-] . r_ri r _(-Z---- -4-.) i____, El\0 o 0 � l E 0,,,,,,,,_,,,,,,,, / t.o \-ef) C)' = r)----\ 4...) \4.../ E 43) AMli -.....„_ ❑ ...,Auoki . :::, (i)ao t cu ,,,c, .:.,.:, ,,,,, z„.„ C.) ��V C y CU r 0 �- o o . F • •/ vs o a .0 C . * :❑ a ° D cy ::: 1aa �zaf bL 1 z WFI,. 0 ''',, o4 `Mo L_ I1 7 `fr�L � °twit `.r.r DEBORAH NATELSON 147140007500 512690021005 501 NEWPORT SE BARTZ JENNY AUGUSTA+SCHULTZ BOZELL ROGER J+PATRICIA RENTON,WA 98058 3427 SE 7TH ST 3217 6TH AVE SE RENTON WA 98058 RENTON WA 98055 512640014001 512640013003 512690017508 BREWER ORLIE T JR+ROBIN S BRUNETTE SHERRY P BRUNETTE VERNON G 3217 SE 5TH ST 3205 SE 5TH ST 3301 SE 6TH ST RENTON WA 98058 RENTON WA 98058 RENTON WA 98055 ROBERT J.BUNKER 512690024504 512690013507 567 PIERCE AVENUE SE THEODORSEN WILLIAM G+KAREN BURSKEY W RENTON,WA 98058 3429 SE 5TH ST 3320 SE 6TH ST RENTON WA 98055 RENTON WA 98058 512690032705 512690032408 512690029008 CALLAWAY DANIEL 0 CONRAD JOSEPH H&PATRICIA CHARBONNEAU D K ROSE M 1633 BOYLSTON AVE.#108 PO BOX 6382 3525 SE 5TH ST SEATTLE,WA 98122 KENT WA 98064 RENTON WA 98055 512640025007 512690022003 512690018506 DENNY LARRY K+MARGRIET DOBSON JOHN W DOWNEN CHRIS M WOLT 6611 114TH AVE SE 3317 SE 6TH STREET 3205 SE 6TH ST BELLEVUE WA 98006 RENTON WA 98058 RENTON WA 98058 512690016005 147140005009 512640013508 HART R E L FILLIPS JUDITH A+BAKER DALE ODEN JACK E 3232 SE 6TH ST 3405 SE 7TH ST 3209 SE 5TH ST RENTON WA 98055 RENTON WA 98058 RENTON WA 98058 512690031004 512690029503 512690008002 JOHNSON KEITH L MEHL RANDY L REESER HAROLD 575 PIERCE AVE SE 3533 SE 5TH ST 3225 SE 5TH RENTON WA 98058 RENTON WA 98058 RENTON WA 98055 512640017509 512690028505 512690044502 ROTH GLADYS RAMSEY JOHN C STACHOWIAK VINCENT L 3208 SE 6TH ST 3517 SE 5TH ST 3511 SE 6TH ST RENTON WA 98058 RENTON WA 98055 RENTON WA 98058 512640017004 512690013002 512690023506 SPETEN 0 H SAGE KENNETH R&JEANNIE M SMITH MICHAEL L 3204 SE 6TH ST 3328 SE 6TH ST 524 NEWPORT AVE. SE RENTON WA 98055 RENTON WA 98055 RENTON WA 98058-2848 512690007509 512690032606 CONE MATHEW S SIEMION MICHAEL B+MARGARET DWJ LEIST 10420 SE 187t P1. 111 154TH PL NE 3114 SE 5th Street RENTON WA 98055-8435 BELLEVUE WA 98007 Renton, WA 98058 NEAL WHITNEY 512690030006 ...� NICOLA ROBINSON WILSON TIMOTHY C+CAROLYN SA STREET 5TH 3110 SE 3532 SE 5TH STREET 559 PIERCE AVE SE RENTON,, 98058 RENTON,WA 98058 RENTON WA 9805E MATT TONKIN,PRESIDENT DEBBIE SHERIDAN 51269003400E TACO TIME,CORPORATE OFFICE DIRECTOR OF PLANNING&DESIGN BRANDEL KURTIS P&BILLIE D 3300 MAPLE VALLEY HIGHWAY TACO TIME, CORPORATE OFFICE 1602 INDEX AVE SE RENTON,WA 98058 3300 MAPLE VALLEY HIGHWAY RENTON WA 9805E RENTON,WA 98058 512690041508 512690033505 512690026509 BLUHM,CHRISTOPHER P DOAN E C FEYEREISEN PATTY A BLUHM,WENDY L 524 PIERCE AVE SE 3612 SE 5TH 3609 SE 5TH PL RENTON WA 98055 RENTON WA 98058 RENTON WA 98058 TROY DEADY 512690036003 512690025006 COBLENTZ BETTY&MIKE ROSS WENDY J 3436 SE 5TH STREET 22320 88TH AVE S 3532 SE 5TH ST RENTON, WA 98058 KENT WA 98031 RENTON WA 98058 BRYAN/JULIE MILLER KATHLEEN COULTER TIM WALTER 3202 SE 5TH STREET 3325 SE 6TH 3101 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 DEANNA SCHACHLE GRANT ROBERTS ISLAH M.DIAMBRI 645 Southcenter Mall #349 3216 SE 5'H STREET 3232 SE 5TH STREET Tukwila, WA 98188-2836 RENTON,WA 98058 RENTON,WA 98058 PAUL ROLLINGER MARION STREIFEL RON LEISE 501 NEWPORT AVENUE SE 3340 SE 5TH STREET 3412 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 BRIAN ANDERSON WILMA HAUCK JOHN E. STACH 13133 149TH AVENUE SE 3108 SE 6TH STREET 3118 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 BARBRA GILBERT DAVID NEWBURG HEATHER SAUM 3624 SE 5TH STREET 554 PIERCE AVENUE SE 3124 SE 6TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 AUBREY SMITH DOUG HORVATH MR&MRS HENNINGER 528 NEWPORT AVENUE SE 3701 SE 5TH PLACE 3308 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 • Noy ,.sro KIM E.LARSEN B. KEVIN MAPLES NOLAN LANGE 3629 SE 5TH STREET 3605 6TH STREET 520 PIERCE AVENUE SE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 KAREN ASHMORE D.W.MACGREGOR STEVE BERGSTROM 3616 SE 5'H STREET 3621 SE 5TH STREET 3620 SE 5 IH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 KATHLEEN HARRINGTON MARISSA JOHNSON BEN MUZZEY 14926 130TH AVENUE SE 3224 SE 5TH STREET 10413 SE 174TH RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 MICHELE PONTHIEUX JUANITA NAMES BETSY ERCOLINI 583 PIERCE AVENUE SE 3009 SE 5TH 3016 SE 5TH RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 DONNA WILLIAMS MARK WILSON BECKY SMITH 3309 SE 5114 STREET 3106 SE 5TH 528 NEWPORT AVENUE SE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 RUTH VARGEL DAVID RICHARDS DANA STONE 3312 SE 61H STREET 3225 SE 6TH STREET 3316 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 BRANDY BATEMAN ERIK HERBOLD JULIE MOLINA 3329 SE 61H STREET 13216 SE 151'T STREET 15621 158TH AENUE SE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 GARY LESTER SEAN BUTCHER ALICIA&ROXANNE IGLESIAS 13114 SE 150TH STREET 3614 SE 51H PLACE 3533 SE 6TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 DANIEL HANSON LORI GOEMAN A.M.RHODES 3429 SE 6TH STREET 3122 SE 5'H STREET 3624 S3 5`H STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 DAINA ROBIN HANSON JERRY MAYHUGH CHAD DAWLEY 3420 SE 61H STREET 3531 SE 61H STREET 3025 SE 6'H STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 vow Nor MICHAEL W. JESMORE RONDA SCHAFER JOANN ANDERSON 3330 SE 6'`H STREET 3609 SE 6TH STREET 3701 SE 6TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 RICHARD GATHMAN JOHN STREIFEL TUIUEA LEA MANAO 3621 SE 5TH PLACE 3340 SE 5TH STREET 15266 PINE DRIVE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 BRIAN PIEDFORT ROBIN O. STONE WENDY ROSS 3608 SE 6TH 3420 SE 5'H STREET 3532 SE 5TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON, WA 98058 LARRY BROSMAN DEBBY GAUTHUN LINDA MILLS 3625 NE 9th STREET 3115 SE 5'H STREET 3616 SE 61H STREET RENTON,WA 98056 RENTON,WA 98058 RENTON,WA 98058 RENEE CONDIE COLLEEN& SAM GOMES VINCENT L. STAEHOWAH 3601 SE 61H STREET 3444 SE 5TH STREET 3511 SE 61H STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 JESSE TYNER DERECK B. SMITH JOSEPHINE PORTER 3705 SE 6'H STREET 3020 SE 5TH STREET 3613 SE 6TH STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 EARLENE M.BALA KAREN M.MADSEN JEFF R. CAMCOON 3121 SE 51H STREET 3624 SE 61H STREET 3600 SE 61H STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 KENT KAUF STEVE LAMMON DAVID KELTNER 3625 SE 5TH PLACE 3608 SE 5TH PLACE 3620 SE 5'H PLACE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 DIANE JACKSON WENDY BLUHM PAT DOAN 3105 SE 5TH STREET 3609 SE 5TH PLACE 524 PIERCE AVENUE SE RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 TIM HAWKINSON DENISE CUTLER DEANNA DONALDSON 3021 SE 6'H STREET 3012 SE 5TH STREET 3017 SE 6'H STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 v.d `..r ELIZABETH M. STRAHAN SHANNON LISA EMILY BAGLIEN 3109 SE 6TH STREET 3025 SE 6TH STREET 3029 SE 6TH STREET RENTON, WA 98058 RENTON,WA 98058 RENTON,WA 98058 TRAVIS PETERSEN RONALD EBERLE MARY SANDHEI 13051 SE 101 S`St. 3101 SE 6`" STREET 3104 SE 61H STREET Renton,WA 98056-2434 RENTON,WA 98058 RENTON,WA 98058 JON CALDWELL CLAUDIA COVILLE TERRY CRAMER 3401 SE 5TH STREET 3313 SE 5TH STREET 3321 SE 5 r"STREET RENTON,WA 98058 RENTON,WA 98058 RENTON,WA 98058 ELIZABETH A.PARKER SCOTT DUNGAN RALPH EVANS RENTON REPORTER 3316 SE 6iH STREET 3306 NE 111"PLACE 723 SW 101"ST., SUITE 275 RENTON,WA 98058 RENTON,WA 98056 RENTON,WA 98055 162305902304 512690038504 147140002501 BURLINGTON NORTHRN SANTA CAMERON JEFFREY R CHARLTON CAROLYN J FE 3600 SE 6TH STREET 11983 AVELLANA CIRCLE NW TAX DEPT RENTON WA 98056 SILVERDALE WA 98383 1700E GOLF RD#400 SCHAIJMBIJRG IL 60173 512690038009 512690015007 512690045509 CLINKENBEARD JANE CELESTINE CRATER MICHAEL H DAWSON LARRY A+VALERIE 554 PIERCE AVE SE 3308 SE 6TH ST 3525 SE 6TH ST RENTON WA 98058 RENTON WA 98055 RENTON WA 98055 147140003509 512640016501 512690044007 EBERTZ MARK R GAFFIN JEFFREY HAN YON OK 3321 SE 7TH ST 27320 SE 162ND PL 3503 SE 6TH ST RENTON WA 98058 ISSAQUAH WA 98027 RENTON WA 98055 147140005504 147140003004 512690046002 GAFFNEY ROBERT J GRANDE CORINNE M GUY JAMES E+ELAINE L 7560 SO 120TH 7001 OLD REDMOND RD#G 207 8226 S 114TH ST SEATTLE WA 98178 REDMOND WA 98052 SEATTLE WA 98178 512640024000 512690014505 512690022508 HAWES CHESTER E HULBURT DAVID W&CECILIA S HUSOM VIRGINIA 3121 SE 6TH ST 25328 SE 200TH 532 NEWPORT AVE SE RENTON WA 98055 MAPLE VALLEY WA 98038 RENTON WA 98058 147140004002 162305902700 512690018001 KINGERY CHERI L LA PIANTA LP g b;$ LIND ARISTELLA A 3401 SE 7TH ST PO BOX.95�'" g 3309 SE 6TH ST RENTON WA 98058 TUKWILA WA 98138 RENTON WA 98058 512690037506 *NW 512640025502 •..r 512690031509 NARKIEWICZ ALINA NIELSEN ROBERT M OHARE JOHN D 550 PIERCE AVE SE 3209 SE 6TH ST 583 PIERCE AVE SE RENTON WA 98058 RENTON WA 98055 RENTON WA 98055 512640026005 512690012509 512690014000 PARKER DAVID B PERROTTI ANTHONY P PETERSEN TRAVIS S+WALIMAKI 3213 SE 6TH 505 NEWPORT AVE SE 3316 SE 6TH ST RENTON WA 98055 RENTON WA 98058 RENTON WA 98058 147140000505 512640017509 147140006502 PUGLISI PHILIP&RUTH ROTH GLADYS SAUVE DAVID J 3225 SE 7TH ST 3208 SE 6TH ST 3413 SE 7TH ST RENTON WA 98058 RENTON WA 98058 RENTON WA 98058 512690023001 147140008607 512690045004 SCHAUT LARRY A TABOR LESLIE D MILLMANN,JEANETTE M. 12101 SE 96TH PL 11226 26TH PL SE 10620 SE 186TH STREET RENTON WA 98056 EVERETT WA 98205 RENTON,WA 98055 512690024504 512690024009 512640018002 THEODORSEN WILLIAM G+KAREN VAN HOFF NEIL D+PERISICH,PA VAN TUYL GREGGORY L+NANCY J 3429 SE 5TH ST 3425 SE 5TH ST 3216 SE 6TH ST RENTON WA 98055 RENTON WA 98058 RENTON WA 98055 512690032002 MARGARET SIEMION 512690007509 WONG KAHSOON+ANN KIM WEI CONE MATHEW S 3512 SE 6TH ST 3416 SE 6TH STREET 3508 SE 5TH RENTON WA 98058 RENTON, WA 98058 RENTON WA 98058 DAVID LERSTEN ROBERT HUMBLE 3114 SE 5TH 13112 195TH PLACE SE RENTON,WA 98058 ISSAQUAH,WA 98027-6408 CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 14th day of June, 1999, at 7:30 p.m. as the date and time for public hearings to be held in the seventh floor Council Chambers of the Renton Municipal Building, 1055 S. Grady Way, Renton, 98055, to consider the following: 1. Taco Time Convenience Commercial (CC) Zone Amendments 2. Taco Time Proposed Development Agreement/Covenants 3. Extension of Moratorium on Adult Retail Uses All interested parties are invited to attend the public hearings and present written or oral comments regarding the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Call 430-6510 for additional information. / 1/4 #40, Marilyn d': en City Clerk Published South County Journal May 28, 1999 Account No. 50640 APPROVED BY ..► NNW CITY COUNCIL Date S- At -17 PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT May 24, 1999 Taco Time Area Proposed Development Agreement/Covenants Convenience Commercial (CC)Zone Amendments (April 13, 1998; May 10, 1999) First, based on the adopted Committee report from January 4, 1999, staff has prepared proposed amendments to the Convenience Commercial Zone office allowances as well as minor amendments to accessory storage in all commercial and industrial zones. A public hearing is needed in relation to the proposed amendments. Second, also based on the adopted Committee report, staff in conjunction with the City Attorney have prepared a proposed Development Agreement for the Taco Time Corporation and property owner. The Development Agreement is based on the ultimate adoption of CC zone amendments regarding allowances for existing, legal administrative headquarters offices with minor parking and square footage allowances. The agreement would include Environmental Review Committee mitigation measures. Since the proposed Development Agreement changed substantively since the time of the Planning Commission public hearing last September 1998, another public hearing should be held. Last, as another implementation of the last adopted Committee report, the City Attorney has prepared covenants for the Conrad properties to be redesignated from Residential Single Family/R-8 to Residential Options/R-10. Other covenants have been prepared related to ERC mitigation measures for the Cedar River Barbershop and Market which would be redesignated from Residential Single Family/R- 8 to Convenience Commercial. The Planning and Development Committee recommends two public hearings be held on the same evening for the CC Zone amendments, and for the proposed Taco Time Development Agreement. The recommended hearing date for both items would be June 14, 1999. The Committee also recommends approval of the proposed covenants for the Conrad, and Cedar River Market and Barbershop properties. /d/O-erZei ‘4..)k-ECA Kathy Keilker-Wheeler, hair Bob Edwards, Vice Chair Dan Clawson, Member cc: egreoct Mike Kattermann P&DPH\ RENTON CITY COUNCIL Regular Meeting January 4, 1999 Council Chambers Monday, 7:30 p.m. MINUTES Municipal Building 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 KING PARKER, Council President;DAN CLAWSON; KATHY KEOLKER- COUNCILMEMBERS WHEELER; BOB EDWARDS; TONI NELSON; TIMOTHY SCHLITZER. MOVED BY PARKER, SECONDED BY NELSON, COUNCIL EXCUSE ABSENT COUNCILMAN RANDY CORMAN. CARRIED. CITY STAFF IN JESSE TANNER, Mayor; JAY COVINGTON, Chief Administrative Officer; ATTENDANCE ZANETTA FONTES, Assistant City Attorney; MARILYN PETERSEN, City Clerk; GREGG ZIMMERMAN,Planning/Building/Public Works Administrator; MICHAEL KATTERMANN,Director of Neighborhoods & Strategic Planning; DEREK TODD,Finance Analyst; CHIEF GARRY ANDERSON, Police Department. APPROVAL OF MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL APPROVE COUNCIL MINUTES THE MINUTES OF DECEMBER 14, 1998, AS PRESENTED. CARRIED. SPECIAL PRESENTATION Mayor Tanner presented a certificate of appreciation to Bob Edwards in Council: Recognition of 1998 recognition of his outstanding service to the City and the Renton community as Council President Bob President of the City Council in 1998. Edwards 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 1999 and beyond. Items noted included: * Renton asked the City of Seattle to change the way in which citizens were being notified of Seattle's public workshops on the Cedar River Watershed Habitat Conservation Plan, since some residents felt they were being led to infer that the notification was coming from Renton, and further, that their attendance at the workshop was required. * The City's Giving Tree Program enjoyed a wonderful response to those in need,with approximately 90 individuals receiving donated gifts. In addition,Renton's firefighters and the Renton Police Chaplaincy Fund donated over 150 toys to the Giving Tree and the Salvation Army's Toy-n- Joy fund. * Bids for phase two of the Cedar River Flood Control project(floodwalls and levees)will be opened on February 9th, with construction to start March 15th * The Department of Justice has approved a grant for Renton's Police Department for mobile data computers and related technology in the amount of$303,675. AUDIENCE COMMENT Margaret Siemion,3418 SE 6th St.,Renton, 98058,did not support allowing Citizen Comment: Siemion— the Taco Time administrative headquarters site on Maple Valley Highway to be Taco Time Rezone and rezoned from Convenience Commercial (CC) to Commercial Arterial (CA). Expansion She said that allowing a rezone to CA while requiring a development agreement would merely"sugarcoat"the proposed expansion of this building. January 4, 1999 +wr Renton City Council Minutes Page 5 Concluding that this decision will affect the future of the adjacent Maplewood neighborhood, she asked that the Council's decision on this matter ensure protection of the residential area. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL SUSPEND ITS RULES AND ADVANCE TO THE PLANNING& DEVELOPMENT COMMITTEE'S MAJORITY AND MINORITY REPORTS ON THIS SUBJECT. CARRIED. Planning&Development Committee Majority Report Planning&Development Committee Chair Keolker-Wheeler presented a Rezone: Taco Time Expansion majority report regarding the request from Taco Time for a Comprehensive (Maple Valley Highway), R- Plan amendment for its headquarters located on Maple Valley Highway near Monroe Ave. SE. The Committee met four times to consider the staff, Planning Commission, and citizen input regarding Taco Time's request for a Comprehensive Plan amendment,rezone, development agreement, and general Commercial Arterial (CA)zone amendments. A majority of the Committee recommended the following: 1. Cedar River Market and Cedar River Barbershop properties: Amend the Comprehensive Plan Land Use Designation and Zoning Map from Residential Single Family/R-8 to Convenience Commercial (CC). 2. Taco Time lease/option properties: a) Maintain the Convenience Commercial designation for the Taco Time offices, transmission line easement,and espresso stand site. b) Redesignate the southern portion of Parcel No. 5126900205, the southerly residential lot adjacent to Taco Time offices and the transmission line easement, from Residential Single Family/R-8 to Convenience Commercial to allow Taco Time access across their leased properties. The boundary of the new Convenience Commercial designation shall allow for a lot line adjustment that retains the single family residence and results in a conforming lot. c) Amend the Convenience Commercial zone to add"existing, legal Administrative Headquarters Offices"as a secondary use and"the storage of supplies in conjunction with service and office uses"as an accessory use. For "existing, legal Administrative Headquarters Offices," allow for parking expansions,but not additional building expansions. This would allow Taco Time to expand its parking area over its properties to the east,but not allow for additional building square footage. No new Administrative Headquarters Offices would be allowed. d) Prepare a development agreement or covenants which incorporate Environmental Review Committee (ERC)mitigation measures. We believe the intent of the Comprehensive Plan for this area was to ensure compatible,neighborhood-serving development through the Convenience Commercial designation. The majority approach to the Taco Time site would help ensure protection of the adjacent residential neighborhood by maintaining the Convenience Commercial designation and restricting building expansion. It would also accommodate Taco Time's need to access all of its property and to expand parking. 3. Radiator Repair and Insurance Office Sites: Maintain the Convenience Commercial designation. 4. Conrad vacant parcels: Redesignate the properties from Residential Single Family/R-8 and Residential Options/R-10 subject to a development agreement or covenants which limit the number of lots to seven, limit the unit type to January 4, 1999 Now Renton City Council Minutes Now Page 6 detached single family only,and indicate that initial home construction should be one-story with future remodels governed by the R-10 zone in effect at the time. The lot layout should be similar to the attached preliminary layout, and consistent with all City ordinances and codes. 5. Amend the Commercial Arterial (CA)zone generally to allow offices, accessory storage for office/service uses, and shoe repair. Incorporating the above recommendations, the Committee requested the Administration to prepare an ordinance for the Code amendments and property redesignations, and to prepare development agreements or covenants for consideration by the City Council.* Planning&Development Planning &Development Committee Member Clawson presented a minority Committee Minority Report report regarding Taco Time's request for a Comprehensive Plan amendment. Rezone: Taco Time Expansion Upon considering the staff, Planning Commission,and citizen input regarding (Maple Valley Highway), R- the Maple Valley Highway Taco Time Comprehensive Plan amendment, rezone, development agreement and general Commercial Arterial (CA)zone amendments, I concur with the majority of the committee on several recommendations, including: Recommendation 1. Cedar River Market and Cedar River Barbershop properties Recommendation 3. Radiator Repair and Insurance Office sites Recommendation 4. Conrad vacant parcels; and Recommendation 5. Amendments to the Commercial Arterial(CA) zone generally. I respectfully dissent from the majority regarding the Taco Time site. I would also maintain the Convenience Commercial (CC) designation,but recommend allowances for a moderate, one-time expansion of building square footage in addition to allowances for additional parking. The allowance for a moderate building expansion would help keep the Taco Time operation viable for many more years at its current location. Representatives of Taco Time estimated that, with moderate expansion,they could continue to operate for up to 18 more years at their current location. It is a clean,relatively quiet enterprise that has invested in its site. If the business moves to another location,the current buildings and site may end up with multiple tenants,higher turnover,and a less well-kept site. I believe a moderate expansion of the existing building,with necessary environmental and plan review measures,would not significantly impact the neighborhood, and would allow continued co-existence with a responsible corporate neighbor. I would offer an alternate Recommendation 2, as follows: Recommendation 2. Taco Time lease/option properties: I concur with sections 2a, 2b, and 2d,but would change section 2c as shown below: c) Amend the Convenience Commercial (CC) zone to add"existing,legal Administrative Headquarters Offices"as a secondary use and"the storage of supplies in conjunction with service and office uses"as an accessory use. For "existing, legal Administrative Headquarters Offices,"allow for parking expansions, and for a one-time building expansion of 3,500 square feet maximum. No new Administrative Headquarters Offices would be allowed. With Council concurrence, I would request the Administration to prepare an ordinance for the Code amendments and property redesignations, and to prepare development agreements or covenants for consideration by the City January 4, 1999 .,,o, Renton City Council Minutes Page 7 Council which incorporate the above recommendations.** Citizen Comment: Brosman — Larry Brosman,3625 NE 9th St.,Renton, 98056, said as the chair of Renton's Taco Time Rezone and Planning Commission, which has formally taken a position on this subject,he Expansion wanted only to note his appreciation of the efforts of numerous groups and individuals to cooperatively and satisfactorily resolve this issue. Citizen Comment: Horvath— Arlene L. Horvath, 3701 SE 5th Pl.,Renton,98058, asked that the City not Taco Time Rezone and allow Taco Time's building to expand, but permit only more parking at this Expansion site. Councilman Clawson explained that, as someone who manages several commercial lease properties,he knows firsthand the problems that can occur with tenant turnover. Noting that most of Taco Time's headquarters traffic is attributable to employee training,he suggested that this use generates less traffic overall that would a personal services business such as a law, insurance or accounting office. He felt that allowing this moderate expansion would therefore be the prudent thing to do, and concluded that tying the expansion to a development agreement would afford sufficient protections for the Maplewood neighborhood. Responding to Councilman Edwards,Assistant City Attorney Zanetta Fontes confirmed that the City can enter into development agreements with property owners which are more (but not less)restrictive than the applicable zoning criteria. Councilman Parker stated that the current use of this property is rather quiet, with no truly detrimental noise or traffic impacts to the surrounding area. He agreed with Mr. Clawson that the requested expansion seems reasonable, emphasizing that the zoning will not change. Adding that this is private property for which the owner is proposing a moderate expansion and— moreover—is agreeing to certain restrictions, he felt that allowing the expansion would not only be fair but would also strike a balance between the interests of all involved parties. Councilman Schlitzer reviewed the history of this site,pointing out that when this building was first constructed,Taco Time represented to the City that the use would not expand in the future. Now,however, the company is asking for a 25%expansion. Saying that the surrounding neighborhood opposes the expansion,he added that it had also opposed the building's being constructed in the first place. He was troubled with allowing a 25% expansion for a building zoned Convenience Commercial (CC), questioning if the City wants to set a precedent and start allowing this for all CC-zoned areas in Renton. He concluded that although it is reasonable to allow the extra parking, a physical expansion of the building would unacceptably intrude into the neighborhood. Councilmember Keolker-Wheeler explained that both of the committee reports would allow expanding the parking area to alleviate spillover onto the residential streets,thereby protecting the neighborhood. Emphasizing that Maplewood is a neighborhood, she said it was never the City's intention for this area to have a great deal of commercial uses. She concluded that inherent in the policies of the Convenience Commercial (CC)zone is that its uses are supposed to serve the existing neighborhood. Mr. Parker cautioned that,if it approves the proposed agreement relating to the single family development on the Conrad parcels,the City would be in danger of selectively setting development standards for particular areas. He maintained that this is a private property issue,saying that if a proposed January 4, 1999 Renton City Council Minutes Page 8 sc development meets the City's regulations, it should be allowed and not further restricted. Also,he did not believe that the proposed expansion would change the character of the neighborhood. Mrs. Keolker-Wheeler replied that if any precedent is being set by the agreement pertaining to the Conrad parcels, it is that a developer, the City,and affected residents can work together to reach an agreement which is acceptable to all interested parties. Responding to Councilman Edwards,Mike Kattermann, Director of Neighborhoods & Strategic Planning, said that any development agreement for the Taco Time property would be the subject of a public hearing before the City Council prior to its being approved. *Moved by Keolker-Wheeler, seconded by Schlitzer,Council concur in the majority committee report as presented. Roll call: two ayes (Keolker-Wheeler, Schlitzer); four nays(Parker, Clawson, Edwards,Nelson). Motion failed. **MOVED BY CLAWSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE MINORITY COMMITTEE REPORT AS PRESENTED. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council President Parker noted the addition of item 6.j.,described on page 9. Court Case: CRT-98-015, Court Case filed on behalf of Local 32 of the United Association of Plumbers&Pipefitters Union Journeymen and Apprentices of the Plumbing and Pipefitting Industry alleging v. Renton, et al. that NW GM Contractors (a subcontractor on the City Hall remodel project) has not paid required wages, nor made required monthly fringe benefit contributions to Union employees. Refer to City Attorney and Insurance Services. Appeal: Pierre Grady Way City Clerk submitted appeal of Hearing Examiner's decision denying a zoning Rezone from CO to IM, SA- reclassification from Commercial Office (CO) to Medium Industrial (IM) for 98-126 the Pierre Grady Way site located on SW Grady Way between Oakesdale and Powell Avenues SW; appeal filed on 12/30/98 by Vicki Morris,representing James and Barbara Pierre (File No. SA-98-126). Refer to Planning& Development Committee. Vacation: Lake View Blvd City Clerk submitted petition for street vacation of a portion of Lake View (104th Ave SE), Blvd. (104th Ave. SE)located east of Lake Washington Blvd. and south of NE MartindaleNAC-98-004 20th St.; petition submitted by James S.Martindale, 9712 237th P1. SW, Edmonds, 98020 (VAC-98-004). Refer to Board of Public Works; set a public hearing for January 25, 1999 to determine the advisability of the vacation. (See page 11 for resolution setting the public hearing.) Plat: Estates at Hidden Creek, Development Services Division recommended approval, with condition,of the Final (NE 8th St/Chelan P1 Estates at Hidden Creek Final Plat; 10 single family lots on 1.73 acres in the NE),FP-98-154 vicinity of NE 8th St. and Chelan Pl.NE (FP-98-154). Council concur. (See page 11 for resolution.) Planning: R-10 and R-14 Zone Economic Development,Neighborhoods & Strategic Planning Department Changes recommended amendments to the R-10 and R-14 zones to: promote small lot development; resolve Code conflicts and clarify fencing and buffering requirements for commercial uses; and incorporate a definition system that classifies single family as traditional detached and semi-attached, and multi- family as including townhouses and flats. Refer to Planning&Development Committee. January 4, 1999 Nosy Renton City Council Minutes Page 12 actually an alley,is being used as a street. AUDIENCE COMMENT Brian Miller, 3202 SE 5th St., Renton, 98058, expressed disappointment that Citizen Comment:Miller— although 116 Maplewood residents declared their opposition to the Taco Time Taco Time Rezone and headquarters expansion, as did the City's Planning Commission and two Expansion Councilmembers,it will nevertheless be allowed because four City Councilmembers approved it. ADJOURNMENT MOVED BY PARKER, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 9:06 p.m. MARE J. TERSEN, CMC,City Clerk Recorder: Brenda Fritsvold January 4, 1999 Now Now Cedar River Market 3418 S.E. 6th Renton, WA. 98058 425-228-0758 January 4 , 1999 Subject: POTENTIAL COMPREHENSIVE PLAN/ZONING AMENDMENT CONVENIENCE COMMERCIAL CHANGED TO COMMERCIAL ARTERIAL. Dear City Council Members, This area is growing so very rapidly, in just a few years we have had the Maple Valley Highway widened, new stoplights, the new much larger Golf Course. The building is just beginning at 140th across from the Golf Course and will happen soon at the Aqua Barn with Apts. and Condos. We all have noticed the increase in traffic and know it will only get worse. The City has been requested from Taco Time to change their zoning of Convenience Commercial to Commercial Arterial. This is based on extra parking and expansion needs . On February 17, 1998, we were notified of an interest in includ- ing other properties and ours in the Commercial Arterial Zoning. Any business would welcome a higher zoning for future possibil- ities . We thank the City for including us . We were also notified that in 1993, in the City Wide Comprehen- sive Plan, our zoning was changed to Residential . We were shocked since the store, Cedar river Market has been here since 1945. After inquiring into this zoning change, we were told it was a mapping error. We would like to have the requirements and all reasoning presented to us for each strategic component built into the final copy of the zoning map.. What party is responsible for editing the final copy? If there are mapping errors with respect to the zoning components, what are reasons for delaying a corr- ection to such errors? Why are the zoning maps not checked every year? In 1992 a critical issue of concern to the City Council was Convenience Commercial uses near neighborhoods . What was the pur- pose and reasoning for changing the B-1 Zoning to Convenience Commercial, Commercial Neighborhood and others? Have other Con- • venience Commercial zonings been changed to Commercial Arterial? Will they now be changed to make a business conforming? • low We as a business would love to have a Commercial Arterial Zone. We as a small neighborhood business are also a neighbor and hear the concerns of growth from those among us. Everyone has express- ed some concern for the developments in and around this neigh- borhood. Convenience Commercial is limited to 3,000 square feet. Commercial Arterial can be at least twice that or more. On October 20, 1993, the City Planning Commission recommended maintaining the Convenience Commercial Zoning and deny the Commercial. Arterial Zoning with the proposed development agree- ment, which "Sugar Coats" the proposed Taco Time expansion. On November 16, 1998 and in following planning meetings, a few City Council Members recommended to ensure protection of the neighborhood and asked not to include three homes in the re- designation.They also recommended to keep the Convenience Com- mercial Zoning with a development agreement to make Taco Time conforming and be allowed some extra parking. We thank the City Council Members for this recommendation. This would allow Taco Time to be conforming without going to Comm- ercial Arterial and protect the future of this neighborhood. The City Council Members have a difficult s.ittiation to balance the best interests of a neighborhood and business . We realize it' s not an easy job to have. This decision will affect the future of this neighborhood. We thank the City for listening to us and our neighbors. Sincerely, Margare Siemion APPROV: n z CITY COUNC a PLANNING & DEVELOPMENT COMMITTEE Date / MAJORITY COMMITTEE REPORT January 4, 1999 Taco Time Comprehensive Plan Amendment (Referred April 13, 1998 ) The Committee met four times to consider the staff, Planning Commission, and citizen input regarding the Maple Valley Highway Taco Time Comprehensive Plan Amendment, Rezone, Development Agreement and general CA Zone Amendments. A majority of the Committee recommends the following: 1. Cedar River Market and Cedar River Barbershop properties: Amend the Comprehensive Plan Land Use Designation and Zoning Map from Residential Single Family/R-8 to Convenience Commercial. 2. Taco Time lease/option properties: a) Maintain the Convenience Commercial designation for the Taco Time offices, Transmission Line Easement, and espresso stand site. b) Redesignate the southern portion of Parcel No. 5126900205, the southerly residential lot adjacent to Taco Time offices and the Transmission Line Easement, from Residential Single Family/R-8 to Convenience Commercial to allow Taco Time access across their leased properties. The boundary of the new Convenience Commercial designation shall allow for a lot line adjustment that retains the single family residence and results in a conforming lot. c) Amend the Convenience Commercial Zone to add "existing, legal Administrative Headquarters Offices" as a secondary use and "the storage of supplies in conjunction with service and office uses" as an accessory use. For "existing, legal Administrative Headquarters Offices" allow for parking expansions, but not additional building expansions. This would allow Taco Time to expand its parking area over its properties to the east, but not allow for additional building square footage. No new Administrative Headquarters Offices would be allowed. d) Prepare a development agreement or covenants which incorporate Environmental Review Committee mitigation measures. We believe the intent of the Comprehensive Plan for this area was to ensure compatible, neighborhood-serving development through the Convenience Commercial designation. The Majority approach to the Taco Time site would help ensure protection of the adjacent residential neighborhood by maintaining the Convenience Commercial designation and restricting building expansion. It would also accommodate Taco Time's need to access all of its property and to expand parking. 3. Radiator Repair and Insurance Office Sites: Maintain the Convenience Commercial designation. 4. Conrad vacant parcels: Redesignate the properties from Residential Single Family/R-8 and Residential Options/R-10 subject to a development agreement or covenants which limit the number of lots to 7, limit the unit type to detached single family only, and indicate that initial home construction should be one-story with future remodels governed by the R-10 zone in effect at the time. The lot layout should be similar to the attached preliminary layout, and consistent with all City ordinances and codes. TacoTime.rpt\CoR • 1411W, NNW 5. Amend the Commercial Arterial (CA) zone generally to allow offices, accessory storage for office/service uses, and shoe repair. Incorporating the above recommendations, the Committee requests the Administration to prepare an ordinance for the code amendments and property redesignations, and to prepare development agreements or covenants for consideration by the City Council. cledity pp e - tipkeiLei Kathy KeYker-Wheeler, Chair v Tim Schlitzer,Vic Ch cc: my C\,v;„t Sue Carlson TacoTi me.rpt\CoR APPROVED BY CITY COUNCIL Date /— 97 PLANNING & DEVELOPMENT COMMITTEE Minority COMMITTEE REPORT January 4, 1999 Taco Time Comprehensive Plan Amendment (Referred April 13, 1998) Upon considering the staff, Planning Commission, and citizen input regarding the Maple Valley Highway Taco Time Comprehensive Plan Amendment, Rezone, Development Agreement and general CA Zone Amendments, I concur with the Majority of the Committee on several recommendations, including: Recommendation 1. Cedar River Market and Cedar River Barbershop properties Recommendation 3. Radiator Repair and Insurance Office Sites Recommendation 4. Conrad vacant parcels Recommendation 5. Amendments to the Commercial Arterial (CA) zone generally I respectfully dissent from the majority regarding the Taco Time site. I would also maintain the Convenience Commercial designation,but recommend allowances for a moderate, one-time expansion of building square footage in addition to allowances for additional parking. The allowance for a moderate building expansion would help keep the Taco Time operation viable for many more years at its current location. Representatives of Taco Time estimated that, with moderate expansion, they could continue to operate for up to 18 more years at their current location. It is a clean, relatively quiet enterprise that has invested in its site. If the business moves to another location, the current buildings and site may end up with multiple tenants, higher turnover, and a less well-kept site. I believe a moderate expansion of the existing building, with necessary environmental and plan review measures, would not significantly impact the neighborhood, and would allow continued co-existence with a responsible corporate neighbor. I would offer an alternate Recommendation 2. 2. Taco Time lease/option properties: I concur with sections 2a, 2b, and 2d, but would change section 2c as shown below: c) Amend the Convenience Commercial Zone to add "existing, legal Administrative Headquarters Offices" as a secondary use and "the storage of supplies in conjunction with service and office uses" as an accessory use. For "existing, legal Administrative Headquarters Offices" allow for parking expansions, and for a one-time building expansion of 3,500 square feet maximum. No new Administrative Headquarters Offices would be allowed. With Council concurrence, I would request the Administration to prepare an ordinance for the code amendments and property redesignations, and to prepare development agreements or covenants for consideration by the City Council which incorporate the above recommendations. Dan Clawson,Member cc: i..y Sue Carlson TacoTime.rpt\CoR *or CITY OF RENTON OCT 281998 CEVED CITY CLERK'S OFFICE CITY OF RENTON ECONOMIC DEVELOPMENT/NEIGHBORHOODS & STRATEGIC PLANNING MEMORANDUM DATE: October 26, 1998 TO: Kathy Keo er-Wheeler, Chair Plannin: .nd Development Committee VIA: Ara 'er, Mayor FROM: ike Kattermanriy'�i ighborhoods and Strategic Planning Director STAFF CONTACT: Lisa Grueter (430-6578) SUBJECT: Maple Valley Highway Taco Time Site(98-M-4; LUA 98-042 CPA,R,ECF) On July 27, 1998, the City Council approved a Planning and Development Committee report recommending approval of various 1998 Comprehensive Plan Amendments. It was noted in the report that the Taco Time amendment proposal was being held on appeal to the Hearing Examiner and would be continued to the 1999 review cycle; in the report matrix, it was also noted that the Taco Time application would be forwarded to the City Council in the Fall of 1998. The Hearing Examiner resolved the SEPA appeal in favor of the City finding that the environmental determination and mitigation measures were adequate for the proposal. With the appeal resolved, the Planning Commission held a public hearing on September 16, 1998 and completed its deliberations on October 7, 1998. A copy of Planning Commission minutes and correspondence received will be provided under separate cover to the Planning and Development Committee. A staff report, analyzing the subject area and presenting staff and Planning Commission recommendations, is attached for your review. It supersedes previous reports sent to the Committee • last April 1998. The staff recommends that the Committee prepare its recommendation for the site for the full Council this year to provide direction for the staff and the interested property owners and citizens. However, any formal amendment to the Comprehensive Plan by ordinance would need to be coordinated with 1999 Comprehensive Plan Amendment review cycle since the City may only amend its Comprehensive Plan once a year for non-emergency proposals. cc: City Council Jay Covington Sue Carlson City Clerk P&DMEM.DOC ••, Noe 10/26/98 AMENDMENT 98-M-4 - MAPLE VALLEY HWY TACO TIME SITE LOCATION: The proposed amendments would apply to properties currently designated Convenience Commercial (CC) around the 3300 and 3400 block of Maple Valley Highway; properties abutting the Taco Time corporate offices which are under common ownership and currently designated Residential Single- Family (RS)/R-8; and the Cedar River Market, Cedar River Barbershop, and Conrad properties currently designated RS/R-8. Figures 1 through 3 show existing zoning and study area boundaries. ISSUE SUMMARY: • 1. Should the proposed area be redesignated from a less intense commercial designation/zone and - residential designation/zone to a more intense commercial designation/zone? 2. Will the development agreement accommodate existing commercial businesses as well as the future expansion goals of Taco Time, and also protect the neighborhood from potentially intensive commercial uses of the Arterial Commercial (CA)zone? 3. Should changes be made in general to the CA zone to allow for offices, shoe repair, and accessory storage for service/office uses? 4. Should the study area parcels on SE 6th Street adjacent to the market be designated commercial or residential? RECOMMENDATIONS: Staff Recommendation The Staff recommendations are to: • For all properties in the proposed amendment area except for the Conrad properties, change the designation of the subject property from Convenience Commercial (CC) and Residential Single Family (RS) to Employment Area - Commercial (EA-C). Concurrently, the Zoning Map would be amended from Convenience Commercial (CC) and Residential-8 (R-8) to Arterial Commercial (CA). The redesignation would better match current conditions of the area which are a mix of neighborhood serving commercial and community/region-wide business offices. • For the Conrad properties east of the Cedar River Market, staff analyzed various alternative commercial and residential designations. After initially reviewing the CC/CC, EAC/CA, Employment Area - Office (EA-O)/Commercial Office (CO) and RS/R-8 designations, staff analyzed the RO/R-10 designation at the Planning Commission's request. Staff concurs with the Planning Commission recommendation to apply the Residential Options (RO)/R-10 designation. • Approve a development agreement to apply to the amendment area redesignated to EA- C/CA. The development agreement would restore some of the previous flexibility of the zoning applied to much of the area prior to 1993 (the old B-1 zone) by not capping the square footages of allowed office or retail uses, and allowing for more variety in uses in comparison to the existing CC zone. However, the agreement would exclude many of the 98M4REV2.DOC\ 1 111100 10/26/98 intensive uses of the CA zone in order to protect the neighborhood from some potentially incompatible uses. • Some text amendments would be needed generally to the CA zone to allow for offices, clarify minor repair activities (i.e. shoe repair allowed in addition to TV, electrical, upholstery, and watch/jewelry repair), and allow for accessory storage for service and office uses. Planning Commission Recommendations The Planning Commission held a public hearing on September 16, 1998, and deliberated on October 7, 1998. A copy of public hearing minutes, correspondence, and the Commission report are provided under separate cover. Their recommendations are to: • Apply the CC designation and zone to the Cedar River Market and Cedar River Barbershop properties. • Deny the staff recommendation for the Taco Time lease/option and option properties to redesignate the properties to Employment Area-Commercial/Commercial Arterial designations. Maintain the current CC designations for the Taco Time office building, easement and espresso stand properties. Maintain the current RS/R-8 zoning for the three residential lots. • Maintain the CC designation for the radiator repair and insurance office properties. • Deny the proposed development agreement. • Designate the four Conrad parcels with the RO land use designation, with a concurrent rezone to R-10. • Approve the code amendments to allow offices, accessory storage for office/service uses, and shoe repair in the CA zone. ANALYSIS: Background Uses and Comprehensive Plan/Zoning Designations-Vicinity The existing zoning is shown on Figure 1 which shows much of the vicinity on the north and south side of Maple Valley Highway as Residential-8 (R-8) with some property shown as Convenience Commercial (CC), including the an automotive repair operation, Taco Time administrative headquarters, espresso stand, and an insurance office recently constructed. The corresponding Comprehensive Plan designations are Residential Single Family (RS) and Convenience Commercial (CC). Prior to 1993, some of the CC zoned property was designated with a more intense commercial designation,B-1. Refer to Figure 1-a. 98M4REV2.DOC\ 2 • *or New' 10/26/98 Proposed Amendment Area The primary amendment area is identified on Figures 2 and 3, and equals approximately 3.05 acres (excluding Conrad parcels under study east of the Cedar River Market, discussed below). The amendment area includes all of the existing CC- zoned property,plus some R-8 zoned property which applies to the existing Cedar River Market, Cedar River Barbershop, and three residences located on property contiguous to the Taco Time office for which Taco Time has a purchase option (for the southernmost residential lot, Taco Time also has a lease). The vacant Conrad parcels under study east of the Cedar River Market total an additional 0.855 acres. Easement There is a 200 foot (+/-) easement for overhead power lines and for fuel pipelines (gas, diesel, and jet fuel). Regarding the gas lines, there would be restrictions against building permanent structures. Regarding the powerline easement, no one may build anything on the area covered by the easement without the express permission of the holder of the easement. Parking and landscaping could occur on the easement according to specifications by the easement holders. Regarding the location of the gas/diesel/jet fuel lines within the 200 foot wide easement area, the lines do not necessarily lie within the middle of the easement according to Mark Krueger with Olympic Pipeline. The pipelines are marked in the field. There are two pipelines with the following easement widths within the larger 200 foot easement: • 16"line with a 20 foot easement • 20" line with an open easement Olympic Pipeline could theoretically claim the whole easement area for the pipeline with the open easement,but is more likely to negotiate for a 30 to 50 foot area according to Mark Krueger. Olympic Pipeline would review any development plans to ensure adequate buffer areas from the pipelines. Taco Time Office Taco Time corporate offices are located on Maple Valley Highway near Monroe Avenue SE. The existing office on the site totals 7,792 square feet, and an accessory storage building totals 1,920 square feet. Currently, 30 parking spaces are located on site. When the building was constructed in 1990, the zoning designation was Business Use (B-1). With the Comprehensive Plan update and associated area-wide zoning, the property was redesignated and rezoned Convenience Commercial (CC) in 1993. The purpose of the CC zone is: "...to provide for small-scale convenience retail/commercial centers intended to provide for basic retail and service needs of the adjacent area. Uses serving a larger area may be appropriate if they also serve the residents of the immediate area and are compatible with the scale and character of the neighborhood in which they are located." Commercial uses in general are restricted to 5,000 square feet per commercial use, with a maximum increase possible of 1,000 square feet if approved by the Hearing Examiner as a Conditional Use Permit. Professional and personal offices are allowed as Administrative Conditional Uses, subject to: (1) The total gross floor area of each use in any one site shall not exceed three thousand (3,000) square feet. 98M4REV2.DOC\ 3 titre • Neof 10/26/98 (2) The following criteria: (A) Activities with a limited need for walk-in clientele; and (B) Activities for which a reduction in parking standards to one space per five hundred(500) square feet of gross floor space could be justified. The Taco Time building is nonconforming since it exceeds the 3,000 square foot parameter, and has a parking ratio of 1 space per 260 square feet, assuming the office space only. Assuming both the office and storage space, there is a parking ratio of 1 space per 324 square feet which still does not meet the criteria. Expansion of the current use would be difficult due to the criteria. The office has no need for walk-in clientele. In the future, Taco Time also anticipates expanding their offices due to increasing corporate staff needs. Since the use does not provide for basic retail and service needs of the adjacent area and provides more parking than required (described below), the expansion of the use would be difficult to approve since it would not meet the intent of the zone, or the specific Conditional Use criteria listed above. Taco Time Parking and Expansion Goals Taco Time has 30 parking spaces,but would like to add 24 spaces. Three to four times a month, there is a need for additional parking when meetings occur with franchise owners, restaurant managers, or when employee training occurs. Currently when these meetings occur, the business owners have said that parking overflows into the surrounding residential neighborhood. There is also an adjacent undeveloped lot to the east which is used for overflow parking as well. The Parking Code requirement for office uses is a minimum of 3 and maximum of 4.5 per 1,000 square feet of gross floor area (1 space per 333 square feet to 1 space per 222 s.f.). This standard allows for more parking than what is allowed under the CC zone parameters for office uses (1 per 500 s.f. which equals 2 spaces per 1,000 square feet). The existing office building would meet the Parking Code requirement for its current building because the Parking Code would result in a range allowing between 23 and 35 parking spaces. To exceed the maximum spaces of the Parking Code, application for a modification would need to be made. Taco Time Property Ownership There is one underlying property owner, John Dobson, who owns the Taco Time office property, espresso property, plus several residential lots. Taco Time leases the property and has an option to purchase the land where the office is situated as well as property to the east including land with a single family residence, power line easement, and portable espresso stand. Taco Time has a purchase option for additional residential lots. The proposed redesignation includes the property leased by Taco Time as well as two lots which Taco Time has an option to purchase. Since Taco Time anticipates expanding its corporate offices in the future which would be in conflict with the current CC zone regulations regarding size, an amendment to the CC zone regulations or a Comprehensive Plan Amendment/concurrent rezone to a different designation would be needed. Cedar River Market and Cedar River Barbershop The Cedar River Market and Cedar River Barbershop are located on two separate adjoining parcels, and are under separate ownership. The properties were zoned B-1, but were redesignated in 1993 to RS/R-8 which staff has determined was a map error. Staff believes the intention of the CC zone 98M4REV2.DOC\ 4 • 10/26/98 applied in the area was to include the market and barbershop which are clearly neighborhood serving. The market and barber shop are grandfathered uses, and may continue, but the residential zoning would restrict their ability to expand, or potentially to rebuild without a conditional approval permit. Vacant Parcels Under Study- Conrad Properties There are four vacant parcels east of the Cedar River Market located on SE 6th Street. Prior to 1993, the zoning applied to the properties was B-1, a commercial zone. In 1993, the property was redesignated to residential. The property owners have indicated to staff that they were unaware of the designation change in 1993, and would like to develop an office or condominiums. At the Planning Commission hearing the Center Neighborhood(CN) designation was requested. Although staff believes the residential zoning for the adjacent market and barbershop was in error, the staff does not believe that the residential designation for the vacant properties was a map error. In 1993, the property did not have a commercial use or a pending commercial use. This report analyzes the potential application of commercial or residential designations. Aquifer Protection Regulations The subject area is located in Aquifer Protection Area Zone 2. However, it was determined during review of a preliminary mini-mart/gas station and shared parking plan (submitted by Taco Time for adjacent property) that facilities with hazardous materials or underground storage tanks have the potential to affect ground water quality equal to or exceeding a Zone 1 facility. Based on this, the Water Utility can require such facilities to meet Zone 1 requirements (RMC 8-8-7G1). Zone 1 requirements prohibit facilities with certain amounts of hazardous materials or underground storage tanks. Although the CC zone allows gas stations as an administrative conditional use, the aquifer protection regulations would prevent their location in the area. Limitations on the use of hazardous substances in Zone 1 could also affect the ability to have a dry cleaning business which is a typical neighborhood-serving use. These limitations would also affect the allowable uses of any other zone allowing commercial uses. City Council Direction Based upon a letter from Taco Time (see Attachment A), and review of options by the Administration and Planning and Development Committee in September 1997, the City Council directed staff as follows: • • The City should sponsor a Comprehensive Plan Amendment (CPA)/concurrent rezone application with an associated development agreement. The preferred Comprehensive Plan designation would be Employment Area-Commercial. The matching zoning district would be Arterial Commercial. • The CPA/rezone should consider the inclusion of the nearby nonconforming food market currently zoned R-8, and potentially other properties next to the CC zone which are under common ownership. • The City should allow continued informal use of the unimproved parking area east of Taco Time offices if there is active pursuit of the necessary approvals and development agreement to allow the expanded use and parking area by the property owner or their designee. 9SM4REV2.DOC\ 5 • 'tisse *0•10 10/26/98 A discussion of other options studied by the City Council in Fall 1997 are described later in this report. Proposed EA-C/CA Designation and Zone with Development Agreement The Employment Area - Commercial Comprehensive Plan designation is intended to "provide for commercial and residential uses requiring large amounts of land and/or high visibility and access to large volumes of automobile traffic." The matching zoning designation would be Arterial Commercial (CA). The primary purpose of the zone is to provide "suitable environments for `strip' commercial development." The CA zoning regulations are more permissive than the CC regulations, and would allow a much larger range of uses on the properties. The maximum height of buildings is 50 feet which may be increased through a conditional use permit. A landscape buffer of 15 feet is required abutting residentially-zoned lots. To avoid promoting strip development which could set a precedent for other areas along Maple Valley Highway, and to avoid some commercial and service uses which may be attracted by the area's traffic flow and visibility, but which may not be compatible with the surrounding neighborhood, the City Council directed that a development agreement be prepared. In RCW 36.70B.170, a local government can enter into development agreement with a person having ownership or control of real property. The agreement can address the permitted uses, densities, intensities, building sizes, design standards such as heights, setbacks, landscaping, and other features. The development agreement must be consistent with the jurisdiction's development regulations adopted in compliance with the Growth Management Act. Refer to Attachment B. A proposed development agreement has been drafted and sent to property owners in the proposed amendment area (refer to Attachment C). It describes the allowed uses, and generally summarizes development standards. A comparison of use allowances is shown on Attachment D. As proposed, the agreement does not have a specific expiration date, but would be reviewed periodically around the time the City would have a thorough review of the Comprehensive Plan (every 10 years). If the approach is accepted by the City Council, a formal development agreement would be prepared by the City Attorney's office. Further changes in the agreement may result upon Council, or City Attorney review. The Development Agreement would allow more uses than the CC zone, but not include the full range of CA uses. Key features of the draft agreement are: • In comparison to the CC zone, the Development Agreement would allow retail sales of books, music, stationary, art supplies, building/hardware/garden materials, pharmacies, pet shops, photography services,retail printing and xerography, and other similar uses. The CC zone allows auto repair as an Administrative Conditional Use permit when associated with a gas station. The existing radiator repair shop is not associated with a gas station which likely wouldn't be allowed with the Aquifer Protection regulations. In the draft Development Agreement, existing vehicle service and repair uses would be allowed. This means that the existing radiator repair shop could continue indefinitely, and could rebuild to its current size if there was a fire or act of God without a conditional approval permit and without a need to be associated with a gas station. 98M4REV2.DOC\ 6 • *ow .,,,,, 10/26/98 • In comparison to the CA zone, the agreement would exclude residential uses, intensive retail activities (e.g. appliance, furniture, auto supply, liquor stores, sporting goods, etc.), light manufacturing, and auto sales. • The CC zone maximum height is 35 feet. The maximum height of the CA zone is 50 feet. It would be specified in the Development Agreement that 35 feet is the maximum height, and a conditional use process to exceed 35 feet would not be allowed through the Development Agreement even though the process is available generally in the CA zones. • The Development Agreement would require site plan review for any size development on the Taco Time properties. In addition, access would not be allowed from SE 6th Street. The advantages of the CA zoning with a development agreement are: • Accommodates office use without size restrictions. • Accommodates future commercial uses of vacant or redevelopable properties, and, Cedar River Market and Cedar River Barbershop. • The CA zone would better address the Taco Time corporate offices, and would accommodate the other property owners. • Other commercial uses could be accommodated on vacant or redevelopable properties, yet the full range of CA uses would not be available. • There would be less potential compatibility impacts than a CPA/rezone without a development agreement. • There would be greater certainty for the property owners, nearby residents, and the City regarding the future development in the area. • There would be less concern about setting a precedent for strip commercial development on the Maple Valley Highway. Another alternative to the development agreement- which would shorten the list of uses and allow for different development standards - would be the creation of an overlay zone similar to the Automall Overlay in the CA zone. Staff has not proposed this because of the existing complexity of the zoning code and due to concerns about future expansion of the boundaries. Another overlay zone would further add to the complexity of the Renton zoning code which has twenty-two zoning classifications, plus the Automall Overlay and a series of overlay-type regulations such as Adult Entertainment, Airport, and Shoreline regulations among others. The development agreement would create less possibility of future commercial expansion along Maple Valley Highway on other properties because it would be more difficult to amend than an overlay zone; development agreements require coordination between the City and property owners under the agreement, and any amendments require a public hearing prior to adoption. The development agreement would provide greater certainty for the property owners and nearby residents for a longer period of time. Nearly all property owners in the amendment area have responded with an interest in participation with the redesignation and development agreement including the owner of the radiator repair property, insurance office property, and Taco Time corporate owners as well as the underlying property owner John Dobson. The owner of the Cedar River Market is interested in a commercial designation to 98M4REV2.DOC\ 7 10/26/98 correct the map error. The Cedar River Barbershop property owner has not contacted Staff in response to letters and calls to the barber shop operator. Aside from Taco Time's desire for more flexibility for office and commercial uses, it should be noted that the radiator repair and insurance office property owners have indicated an interest in participating in the redesignation to EA-C/CA and the development agreement because it provides additional flexibility for the future in comparison to the existing CC zone. Further analysis of the staff recommended approach is provided below along with other options. Proposed Arterial Commercial Code Amendments Because the Development Agreement must be consistent with the underlying zone, Staff is proposing three amendments to the CA zone in general (applicable on any CA zoned property). The development agreement assumes that the proposed general CA amendments will be made. The amendments are: • Add offices of any type as a permitted primary use. A 1996 Administrative Determination (See Attachment E) indicates that the CA zone allows for office uses and office buildings that comply with the development standards and list of permitted uses for the zone. The proposed amendments would formalize the Administrative Determination, and clarify that any type of office building is allowed including administrative headquarters (defined as a use containing the day-to-day functions, e.g. management,payroll, information systems, inventory control, of a company or affiliated corporate group), business, medical and dental, personal and professional offices. See Attachment F which shows all general CA zone amendments. The development standards of the zone, particularly height limits of 50 feet (35 feet in the development agreement area), would restrict the intensity of office in the CA. Any additional height would require a Hearing Examiner Conditional Use Permit (in the development agreement this process would not be offered). Office structures are such that the type of tenant (retail, service, or administrative) could change without much change in the visual appearance. • Add shoe repair as an allowed use. The CA zone already allows electrical repair, TV repair, watch/jewelry repair, and upholstery repair. Shoe repair is a use currently allowed in the less intensive CC zone. • Clarify that the accessory use of storage in conjunction with retail sales also allows for accessory storage associated with permitted service and office uses. Accessory storage is limited to 33%of the gross floor area. Other Amendment Options-Staff Proposed Amendment Area Five options are presented below for consideration for the Staff Proposed Amendment Area. A discussion of the parcels under study east of the Cedar River Market is provided separately below. For the Taco Time area, Options 1 through 3 were reviewed by the Planning and Development Committee in the Fall of 1997. The City Council agreed with the Committee that the City should sponsor a Comprehensive Plan Amendment,with the preferred designation being EA-C/CA, subject to a development agreement. Attachment G provides a list of relevant Comprehensive Plan policies addressed in the chart. 98M4REV2.DOC\ 8 10/26/98 PROPOSAL ADVANTAGES DISADVANTAGES COMP.PLAN COMPLIANCE 1. Staff Recommended • Accommodates office • Could set a precedent • Meets general policies to Proposal-For use without size restrictions. for other areas along Maple keep the City's present amendment area, Size will be limited based Valley Hwy;this is less economic base including redesignate from CC upon development standards likely with a development office uses(LU-144),and and RS to EA-C. of the zone and site agreement. allow a mix of uses(LU- Amend the Zoning Map characteristics(e.g. I48). concurrently from CC easement). • Commercial and and R-8 to CA.Prepare service uses may be • Meets Policy 146-a to general CA zone • Accommodates future attracted to the sites because expand the City's percentage amendments.Authorize commercial uses of vacant of traffic flow and visibility; of land base utilized for a development or redevelopable properties, however,the development commercial uses. agreement. yet the full range of CA uses agreement will limit list of would not be available. uses to achieve more •The EA-C designation compatibility with the requires location on streets • Recognizes commercial surrounding neighborhood. designated as major arterial use of Cedar River Market or above(LU-168). Maple and Barbershop. Valley Highway is designated as a Principal • Provides flexibility for Arterial. other commercial uses for existing businesses over • Policy LU-176 discourages time as market needs new EA-C designations change. where the commercial demand can be accommodated through intensification and redevelopment of existing EA-C areas. While relocation is possible for Taco Time,the headquarters has already relocated once to a zone(B-I)which at the time allowed for office uses with no size or type restriction. Taco Time invested in their headquarters at that location, and in options on surrounding properties. Relocation is not desirable. While redesignation to EA- C would expand its • designation area in the City, in terms of all commercial designations,much of the land under review is already designated commercial as CC. •LU-178 suggests that primary uses of the EA-C 98M4RE V2.DOC\ 9 10/26/98 PROPOSAL ADVANTAGES DISADVANTAGES COMP.PLAN COMPLIANCE (retail,residential,or service)should be about 50%of the total building area of the EA-C designations. Staff has determined that this is a designation-wide policy. It should be noted that retail, service and office uses can locate interchangeably in structures appearing like a retail center or in office buildings. Also Policy LU- 148 promotes a mix of uses in Employment Area designations. 2. CC Zone Text • The CC zone list of • The Taco Time Non-applicable. Amendment Increasing uses is not as broad as corporate offices are Size Allowances for other commercial not and will not be a Offices. No zones,and would neighborhood-serving Comprehensive continue to promote business which is the Plan/Zoning Map neighborhood serving intent of the zone. Amendment. uses overall. • Beyond expansion of • A CPA/concurrent offices,the corporation rezone would not be may want to add over required. time other activities which would restricted by the intent and regulations of the CC zone(e.g.on lot with espresso stand). • The aquifer recharge regulations reduce the allowable uses of the zone in this area,and the list of allowable uses is relatively smaller than other commercial zones. • Another disadvantage is that the CC text amendments would apply to all CC-zoned property in the City and would need to be analyzed for effects on other CC-zoned 98M4REV2.DOC\ 10 �.► 10/26/98 PROPOSAL ADVANTAGES DISADVANTAGES COMP.PLAN COMPLIANCE property. 3. For proposed • The Taco Time • Substantial height • The designation would amendment area, corporate offices would allowances(up to 250') occur next to an redesignate from CC be accommodated and which could impact the existing transit route and RS to EA-O. encouraged in this zone. adjacent residential (LU-188). . Amend the Zoning Map areas. A development concurrently from CC • Some commercial uses agreement could limit • Parking most likely will and R-8 to CO. Option are allowed in the CO the maximum height to not occur in structures -authorize a zone as secondary uses.; be less than the zone. (LU-190)because the development there are restrictions easements are likely to agreement. against freestanding • Other underdeveloped be utilized for surface commercial uses,drive or vacant CC properties parking since other uses through service and in the area may be more appear to be restricted signage. difficult to convert to by easement owners. commercial uses which are not considered • Site and building primary uses of the CO design is not likely to zone and which are be pedestrian oriented discouraged from being or transit oriented in separate freestanding because of the existing buildings.A development pattern, .. development agreement location of easement, could not change these and traffic volumes on restrictions because the Maple Valley Highway. zone is more restrictive, unless restrictions would be removed City-wide for a development agreement. This is not likely because the CO zone is intended to be an intensive office zone with pedestrian-oriented commercial activities in the ground floors. • The zone would allow potentially for light industrial uses,unless restricted through the development agreement. • There are not many commercial activities allowed in the CO zone which does not allow for much variety for future uses. 4. Redesignate Taco Time • The Taco Time • Does not treat land • Regarding EA-C,see office property and corporate offices would under contiguous 98M4REV2.DOC\ 11 V 1I100 *Nof 10/26/98 PROPOSAL ADVANTAGES DISADVANTAGES COMP.PLAN COMPLIANCE adjacent residential be accommodated. ownership with existing option 1. parcels under option and planned office and from CC and RS to • Smaller commercial commercial uses • Regarding new CC EA-C. Retain CC for opportunities in the CC similarly. designation for Cedar River auto repair shop, zone may be more Market and Barbershop,the insurance office, compatible with the • Less flexibility for uses meet the intent of LU- .espresso stand,and surrounding other commercial uses 213 to have small-scale uses redesignate to CC the neighborhood. for vacant/ in proximity which do not Cedar River Market redevelopable land, change the predominant and Cedar River radiator shop property, character of the area. Barbershop to correct insurance office under map error. Implement construction,Cedar • Regarding location,the matching zoning. River Market,or Cedar River Market and Development Barbershop,over time. Barbershop are within agreement for Taco pedestrian range of existing Time property only. • Potential spot zone residential areas,but are not Make adjustments to issues distinguishing contiguous to a street CA zone generally. the Taco Time office classified at the collector area only. level. Trade area is unknown. 5. Redesignate Taco Time • The Taco Time • Does not treat land • Regarding EA-O,see office property and corporate offices would under contiguous Option 3. adjacent residential be accommodated. ownership with existing parcels under option and planned office and • Regarding CC,see Option from CC and RS to • The development commercial uses 4. EA-O. Retain CC for agreement would be similarly. auto repair shop, simpler because height insurance office, would be the primary • Less flexibility for espresso stand,and issue to be addressed. other commercial uses redesignate to CC the for vacant/ Cedar River Market • Smaller commercial redevelopable land, and Cedar River opportunities in the CC radiator shop property, Barbershop to correct zone may be more insurance office under map error. Implement compatible with the construction,Cedar matching zoning. surrounding River Market,or Development neighborhood. Barbershop,over time. agreement for Taco Time property only. • Potential spot zone issues distinguishing the Taco Time office area only. • Parcels Under Study-Conrad Properties East of Cedar River Market The RS/R-8 designation of the subject site is consistent with the zoning of parcels to the north, east, and west of the property. This section analyzes the potential application of other commercial or residential designations. 98M4REV2.DOC\ 12 • r lore 10/26/98 Redesignation to the EA-C/CA designation would meet some policies, and would not meet other policies: • Redesignation of the parcels under study east of the Cedar River Market to the EA-C/CA designation would meet Policy 146-a to expand the City's percentage of land base utilized for commercial uses. • It would not meet policy LU-168 requiring location on streets designated as major arterial or above as the vacant parcels are located on SE 6th Street. Although staff proposes inclusion of the adjacent market and barbershop (which are also located on SE 6th Street) in the EA-C/CA designation,this would recognize the current commercial use of the property. The single family lots adjacent_to Taco Time are included in the Staff proposed amendment area because the Taco Time corporation has plans to expand their existing office use, the property is under common ownership, and the property could be integrated into the Taco Time campus and reoriented to Maple Valley Highway. • Policy LU-176 discourages new EA-C designations where the commercial demand can be accommodated through intensification and redevelopment of existing EA-C areas. It is possible that commercial uses attracted to the vacant parcels would not have long-term viability with reduced visibility from Maple Valley Highway. Redesignation to EA-O/CO likewise would not meet several policies: • The designation would not occur next to an existing transit route (LU-188). It would be in the vicinity of Maple Valley Highway. • Parking most likely will not occur in structures (LU-190) due to the suburban nature of the area, size of properties, and uses likely attracted there. • Site and building design is not likely to be pedestrian oriented or transit oriented. Regarding a CC designation: • If a use were to be established it would need to meet the intent of LU-213 to have small-scale uses in proximity which do not change the predominant character of the area. Regarding location, the property is within pedestrian range of existing residential areas, but is not contiguous to a street classified at the collector level. Trade area would be unknown at this stage. The CN designation whether applied to the Conrad property or the entire proposed amendment area would not meet key policies: • Application of the CN designation does not appear workable based upon the analysis of relevant policies and objectives shown in Attachment H. The CN designation promotes creation of mixed use urban districts, significant concentrations of development, and focal points (LU-92, LU-Q, LU-97, LU-105, LU-106) that would be difficult to provide in a 4 acre area which has a suburban development pattern. There is not enough vacant/redevelopable land to allow for transitional land uses (LU-93). The golf course would more likely provide a gateway to the City in this area. Regarding the RO designation: 98M4REV2.DOC\ 13 `pis �wr+' 10/26/98 • The designation of the Conrad Property with the RO/R-10 designation is workable based upon analysis of LU-50, the primary policy guiding the RO designation, since development patterns are established, and there are four existing vacant lots accessing SE 6th Street which has utility services. Future development could be compatible with Policies LU-48 and LU-55 depending upon the design of the dwelling units. There could be a concern about spot zoning. Refer to Attachment H. CAPACITY ANALYSIS: Housing-Original Amendment Area Five residentially designated lots could potentially be redesignated to another commercial or office classification. Three of the lots contain existing single family residences under common ownership which are currently rentals. The other two lots contain commercial uses which are currently nonconforming under the residential designation. No change is anticipated to the Comprehensive Plan residential capacity model because the capacity model did not address parcels under one acre. A theoretical capacity analysis is presented below. The total area designated RS (R-8 zone) equals 0.81 acres (35,303 s.f.). If these sites were vacant and lot lines adjusted, this could potentially result in 7 total units (assuming a minimum lot size of 4,500 s.f.), a net increase of 4 units. However, no lots are vacant. Based upon current lot patterns, only one existing lot has enough area to potentially subdivide into two lots. This would mean a potential net increase of 1 housing unit. Employment- Original Amendment Area No change is anticipated to the Comprehensive Plan employment capacity analysis because the capacity analysis assumed the property in this area was developed. No redevelopment figures were assumed for the EA-C or EA-0 designations in the City generally. A theoretical capacity analysis is presented below assuming the capacity model's partially developed parameters for all the land except the easement. If all the subject property designated CC and RS is changed to another classification, the following potential gross employment figures could occur: • Option 1 EA-C- 39 employees • Option 3 EA-0 - 73 employees If the main redesignation is restricted to the Taco Time office and expansion area only, the gross employment estimates would be: • Option 4 EA-C/CC-27 employees • Option 5 EA-0- 50 employees To determine net employment, existing employment should be subtracted. Taco Time corporate offices currently have 36 employees, ten of which do not have office space because they work on maintenance and construction crews in the field, and five of which are District Managers who have office space, but who are generally in the field most of the time. Future employee estimates for the Taco Time corporate offices are unknown. For the remaining businesses in the area including the insurance office under construction, Staff guesstimates there are about 7 to 9 employees total. Not all employees would be onsite at the same time if there are shifts. 98M4REV2.DOC\ 14 • Nip" Noe 10/26/98 The results show that the Comprehensive Plan capacity model formula is close to the existing employment assuming the EA-C designation, particularly considering the number of employees onsite at any one time. The model shows greater employment potential considering the EA-0 designation. Capacity- Conrad Parcels Under Study The property totals 0.855 acres. It was not included in the City's capacity model. Analysis below is theoretical and based upon the model's vacant land assumptions. Square footage wise, the property could have about 8 lots with 4,500 s.f. each, but density maximums would allow a maximum of 6.8 units. However, its configuration and plat pattern would more likely support 4 single family homes. RO/R-10 designations would allow for duplex, triplex or fourplex structures in addition to detached single family. One structure is allowed per lot. Based upon current R-10 standards and the current plat pattern, the maximum number of units that could be accommodated on each existing lot is two (duplex), allowing a total of eight units. If the parcels were redesignated to a commercial designation, the resulting employment capacity would be: • EA-C: 14 employees • EA-O: 25 employees • CC: 7 employees COMPREHENSIVE PLAN COMPLIANCE: See discussion on preceding pages. ZONING CONCURRENCY: Depending on the designation selected, the zoning map would need to be modified to match the Comprehensive Plan. Depending on the designation and whether a development agreement is pursued, some changes to the CA zone or CO zone would be needed generally in order for a consistent development agreement. • 98M4REV2.DOC\ 15 __ alo _ a._ 8 SE Sth S Ili ' ' 0 r A Ilivir 44 0 0 4 \e ___ .f_ • . ,304 4 It* 0) OD*SI it- l 0 i 1 IMMNM%,., o Th' C8 Q(4, yti l9-/69Lr a• o **Jij ihop to, ilr Figure 1 : Existing Zoning (T0300 ' QNeighborhoods & Strategic Planning 1 : 1 ,8 0 0 ED/N!SPpp 8 A hhlepp, . MacOnie Gii••••• ••• Zoning Boundaries e Ill*ON - . J SE 5th St II A rt#4 411110 S E �• e a) P 49A \'‘ 0 Q(4, (6, ../ . .4 1 , 4 . -169 . . . a s Ni. Oitip Q 4441411 **& 0 ,dik150 30e • g / 1 : 1 , : 00 - Figure 2 : Study Area ( 98 -M - 4) CC zone - commercial use 0 , Neighborhoods Se Strategic Planning / R-8 zone - commercial use . . ED/N/SP t. \ \ \ R-8 zone - residential use '' . 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' ;fix-'" Lit/Ll(. �9 G�D� • , haco!um .- CITY OF 3300Miple\:ilia RENTON Rcncon•\(•, August 4, 1997 AUG n 8 Phonc(4251 226.( 1997 • Fir t425).22S.g22 Municipal Building RECEIVED 200 Mill Avenue S. ..iTY CLERK'S OFFICE Renton,WA. 98055 Attn: Renton City Council Dear Council Members: Recently, while attempting to add additional parking at our corporate office complex on Maple Valley Hwy., we discovered that the zoning designation for our property had been changed to Convenience Commercial (CC)thus restricting us from any expansion of our existing complex. The corporate office was structured in 1990 and at that time the zoning was B-1 that outright permitted the office complex and associated parking. Under the present zoning, offices are listed as conditional uses with predetermined restrictions that render our existing office building as a non-conforming use/structure. The current code restricts the size of offices to 3,000 gross square feet. The Taco Time office building is 7,792 square feet, with an accessory storage building of 1,920 square feet. Parking is also significantly restricted (one space for every 500 square foot of gross floor area). Presently Taco Time has 30 spaces but is seeking approval to add 24 spaces in order to accommodate the additional need that occurs three to four times a month,when meetings involving franchise owners, restaurant managers or employee training sessions are held. Presently,when these meetings/seminars occur, parking overflows onto the surrounding residential neighborhood, which is an impact we had hoped to mitigate. Presently the Tonkin family, under the Accord Inc., leases the properly along Maple Valley I-Iwy, between Monroe Ave. SE, and Maplewood Street. ye are considering developing the lot furthest east, and had hoped to use the property between this lot and the existing Taco Time office for parking. The proposed development would have a landscaped buffer between our property and the residential area: which would not only buffer the residences from the narking area but also from Maple Valley Highway. • _During the seven years since we have relocated our corporate offices to its present location,our restaurant growth has been steady. We are already feeling the pinch for the office space necessary to accommodate the growing corporate staff needed to,support our restaurants. We are discussing plans to expand our office in order to accommodate our growing needs, but unfortunately due to the present zoning restrictions,such an expansion would be prohibited. This restriction is presenting severe consequences for our business. \Ve believe that the location of our corporate office is an improvement and a benefit to Renton and the surrounding neighborhood. We have never received complaints regarding our business operation from the neighborhood, and in fact we are considered to be a good neighbor. The Tonkin family are long time residents of Renton and take pride in maintaining an attractive, successfully managed office complex. It is discouraging to know that the restrictions that are : ATTACHMENT A • • • now imposed on our property limits the Taco Time Corporation from expanding and in essence, make the existing development a non-conforming use and structure. \Ve are requesting that Section 4-31-10.5 of the Zoning Code be re-evaluated for its actual impact on existing business. We strongly believe that the present zoning places unreasonable restrictions on our business and potential redevelopment of properties zoned CC that exist aloniMaple Valley Hwy. Sincerely 'OeZ Mathew E.Tonkin President cc: Mayor Jesse Tanner Mr. Mike Katterman Local Project Review • 36.70B.160 project permit issued by a local government. [1995 c 347 § that upon government approval the project may proceed in accordance with 420.] existing policies and regulations,and subject to conditions of approval,all as set forth in a development agreement,will strengthen the public planning process,encourage private participation and comprehensive planning,and - 36.70B.170 Development agreements—Authorized. reduce the economic costs of development. Further,the lack of public (1) A local government may enter into a development facilities and services is a serious impediment to development of new housing and commercial uses. Project applicants and local governments agreement with a person having ownership or control of real may include provisions and agreements whereby applicants are reimbursed property within its jurisdiction. A city may enter into a over time for financing public facilities. It is the intent of the legislature by development agreement for real property outside its bound- RCW 36.706.170 through 36.70B.210 to allow local governments and aries as part of a proposed annexation or a service owners and developers of real property to enter into development agree- agreement. A development agreement must set forth the menu." (1995 c 347 §501.1 development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation 36.70B.180 Development agreements—Effect. of the development of the real property for the duration Unless amended or terminated, a development agreement is specified in the agreement. A development agreement shall enforceable during its term by a party to the agreement. A be consistent with applicable development regulations development agreement and the development standards in the adopted by a local government planning under chapter agreement govern during the term of the agreement, or for 36.70A RCW. all or that part of the build-out period specified in the (2) RCW 36.70B.170 through 36.70B.190 and section agreement, and may not be subject to an amendment to a 501, chapter 347,Laws of 1995 do not affect the validity of zoning ordinance or development standard or regulation or a contract rezone, concomitant agreement, annexation a new zoning ordinance or development standard or regula- agreement, or other agreement in existence on July 23, 1995, tion adopted after the effective date of the agreement. A or adopted under separate authority, that includes some or all permit or approval issued by the county or city after the of the development standards provided in subsection (3) of execution of the development agreement must be consistent this section. with the development agreement. [1995 c 347 § 503.) (3) For the purposes of this section, "development Findings—Intent-1995 c 347§§502-506: See note following RCW standards" includes, but is not limited to: 36.70B.170. (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or 36.70B.190 Development agreements—Recording— building sizes; Parties and successors bound. A development agreement (b)The amount and payment of impact fees imposed or shall be recorded with the real property records of the county agreed to in accordance with any applicable provisions of in which the property is located. During the term of the state law, any reimbursement provisions, other financial development agreement, the agreement is binding on the contributions by the property owner, inspection fees, or parties and their successors, including a city that assumes dedications; jurisdiction through incorporation or annexation of the area (c) Mitigation measures, development conditions, and covering the property covered by the development agree- other requirements under chapter 43.21C RCW; ment. [1995 c 347 § 504.) (d) Design standards such as maximum heights, set- Findings—Intent-1995 c 347§§502-506: See note following RCW backs,drainage and water quality requirements, landscaping, 36.70B.170. and other development features; (e) Affordable housing; - 36.70B.200 Development agreements—Public (f) Parks and open space preservation; hearing. A county or city shall only approve a development (g) Phasing; agreement by ordinance or resolution after a public hearing. (h)Review procedures and standards for implementing The county or city legislative body or a planning commis- decisions; sion, hearing examiner, or other body designated by the (i) A build-out or vesting period for applicable stan- legislative body to conduct the public hearing may conduct dards; and the hearing. If the development agreement relates to a pro- (j) Any other appropriate development requirement or ject permit application, the provisions of chapter 36.70C procedure. RCW shall apply to the appeal of the decision on the (4) The execution of a development agreement is a development agreement. [1995 c 347 § 505.) proper exercise of county and city police power and contract Findings—Intent-1995 c 347§§502-506: See note following RCW authority. A development agreement may obligate a party 36.70B.170. to fund Dr provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose 36.70B.210 Development agreements—Authority to new or different regulations to the extent required by a impose fees not extended. Nothing in RCW 36.70B.170 serious threat to public health and safety. [1995 c 347 § through 36.70B.200 and section 501, chapter 347, Laws of 502.] 1995 is intended to authorize local governments to impose Findings—Intent-1995 c 347 §§ 502-506: "The legislature finds impact fees, inspection fees, or dedications or to require any that the lack of certainty in the approval of development projects can result other financial contributions or mitigation measures except in a waste of public and private resources,escalate housing costs for as expressly authorized by other applicable provisions.of consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least state law. [1995 c 347 § 506.J economic cost to the public. Assurance to a development project applicant Findings—Intent-1995 c 347§¢502-506: See note following RCW 36.706.170. (1996 Ed.) (Title 36 RCW—page 185] ATTACHMENT B ATTACHMENT C DRAFT#3 -9/1/98 PROPOSED CONTENT OF DEVELOPMENT AGREEMENT ARTERIAL COMMERCIAL(CA)ZONE-MAPLE VALLEY HWY PARTIES This agreement made and entered into this day of , 1999, by and between the City of Renton. a municipal corporation of the state of Washington, and and and and , owners of parcels of property within the area covered by this development agreement. RECITALS WHEREAS, there are existing commercial uses generally in the area north of Maple Valley Highway at the intersections of Monroe Avenue S.E. and Maplewood Place S.E.: and WHEREAS, those commercial uses and related property are presently zoned Convenience Commercial (CC) or Residential- 8 Dwelling Units Per Acre (R-8); and WHEREAS, the owner of the building presently housing the Taco Time corporate offices has indicated a desire to expand those headquarters: and WHEREAS. the Convenience Commercial zone will not accommodate such expansion: and WHEREAS, the City Council of the City of Renton. Washington believes that such expansion can be accommodated pursuant to a development agreement as authorized in RCW Chapter 36.70B.170 through 210; and WHEREAS, the parties have negotiated the proposed development agreement: and WHEREAS. that development agreement has been presented at a public hearing before the Planning Commission held on the day of . 1998; and WHEREAS, the City Council has taken into account the public comment presented at that public hearing and the Planning Commission recommendations;and WHEREAS, the development agreement has been reviewed and approved by the City Council of the City of Renton, Washington; and WHEREAS, the draft development agreement appears to be in the best interests of the citizens of the City of Renton, Washington; NOW,THEREFORE,the parties do agree as follows: SECTION 1. AUTHORITY Pursuant to RCW 36.70B.170(1), the City and persons with ownership or control of real property are authorized to enter into a development agreement setting forth development standards and any other provisions that shall apply to, govem, and vest the development, use, and mitigation of the development of the real property for the duration of such development agreement. ,,r.. ,,o,,, ATTACHMENT C DRAFT#3-9/1/98 SECTION 2. SUBJECT PROPERTY [Legal description to be provided] SECTION 3. DEVELOPMENT STANDARDS A. Permitted Uses The following uses are permitted within the subject property provided necessary development permits are obtained. See Section 5 regarding development permit requirements. 1. Primary Uses: a. Retail: (1) Books,music, stationery and art supplies. (2) Building, hardware and garden materials (including small trees, shrubs, flowers, supplies and tools within an enclosed area). (3) Eating and drinking establishments. (4) Flowers,plants and floral supplies. (5) Food and groceries. (6) Mini-marts. (7) Newsstands. (8) Office and business supplies. (9) Pharmacies and drug stores. (10) Video sales and rentals. b. Services: (1) Small vehicle service and repair, existing, legal. (2) Business services, including retail computer services, retail printing and xerography. (3) Family day care, day care centers, and adult day care/health programs. (4) Financial and real estate. (5) Laundromats. (6) Parks, new and existing neighborhood, community and regional; new and existing trails and open spaces. (7) Personal services such as barber shop,beauty parlor. (8) Pet shop and grooming. (9) Photography and photographic reproduction. (10) Professional and business schools. (11) Veterinary clinics without outside kennels,runs or stables. (12) Shoe repair. (13) Offices: Offices including administrative headquarters, business, medical and dental,personal and professional. c. Utilities, small. • 2 Itire lotarif ATTACHMENT C DRAFT#3-9/1/98 2. Secondary Uses Permitted Subject To Conditions: a. Professional And Business Services: (1) Size and location will be reviewed as part of site plan approval. b. Art, Dance, Music: Schools and studios for art, crafts, photography, dance and music: (1) No outdoor facilities or storage. (2) Retail sales of products or merchandise produced on the premises providing the sales area does not exceed thirty three percent(33%) of the gross floor area of the use. c. Temporary Uses: Temporary use, as defined and regulated in RMC Section 1 31 1-9e Title IV. 3. Accessory Uses: In the Arterial Commercial Zone, tThe following uses are allowed where incidental to a permitted primary or secondary use and shall not exceed thirty three percent(33%) of the gross floor area: a. Food Preparation: Food preparation, for on-site sales purposes only. b. Hand-Crafted Items: Hand crafting of products, for on-site sales purposes only. c. Warehousing: Warehousing and storage of products in conjunction with retail sales; storage of supplies in conjunction with service and office uses. d. Recycling/Collection Stations: Recycling collection stations; provided, the structure is not located within any required setback and/or landscaped area. 4. Administrative Conditional Uses: a. Hobby Kennels b. Veterinary Clinics, with outside kennels,runs or stables. c. Utilities,medium. 5. Hearing Examiner Conditional Uses: a. Community Facilities b. Convalescent centers and nursing homes. c. Wholesale and retail horticultural nurseries. d. Utilities, large. e. Feed stores. f. Churches, synagogues and temples. g. Service clubs and organizations. 6. Wireless Communication Facilities. Wireless communication facilities may be allowed pursuant to RMC Chapter 4 38, Ordinances 1666 and 1689 Title IV, in effect at the time of this agreement or as thereafter amended. B. Prohibited Uses Any use not specifically listed as primary, secondary, accessory or conditional use shall be prohibited; except those uses determined by the Zoning Administrator to be: 1) in keeping with the purpose and 3 Nair ,,� ATTACHMENT C DRAFT#3-9/1/98 intent of the Zone this Agreement; and 2) similar in nature to a specifically listed primary, secondary accessory or conditional use. C. Site Development Standards The following development standards apply to all the subject properties, except where provisions indicate applicability to only certain identified parcels. Development shall be subject to any other applicable development standards or requirements of the Renton Municipal Code not otherwise specified.= 1. Setbacks: Setbacks in the CA Zone shall be required as follows: a. Front — Street Setback: A minimum setback of ten feet (10') is required. The minimum setback may be reduced down to zero feet (0') through the site plan review process provided that blank walls are not located within the reduced setback. b. Rear And Side — Interior Setbacks: None shall be required except as listed in special requirements provisions below in subsection lc, Special Requirements. c. Special Requirements: If a CA lot abuts or is adjacent to a lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I, then there shall be a fifteen foot (15') setback subject to the landscaping provisions in subsection 4c(1) or c(2). Landscapinti Improvements,of this Section. 2. Height: a. Limits: In no case shall building height exceed the limits specified in Title IV, Section 4 31 17, Airport Zoning Height Restrictions, of the Renton Municipal Code, in effect at the time of this agreement, or as thereafter amended.. b. General: A maximum of fifty feet(50'). thirty-five feet(35'). c. Special Height Allowances: A conditional use permit or other land use permit may not authorize an exceedance of the maximum height standard. 3. Lot Coverage: Lot coverage for buildings are listed below: a. Lot coverage for buildings shall not exceed sixty five percent (65%) of the total lot area. b. Lot coverage may be increased up to seventy five percent (75%) of the total lot area if parking is provided within the building or within a parking garage. 4. Landscaping/Improvements: a. Street Frontage: Lots abutting public streets shall have a minimum landscaping strip of ten feet(10'), except where reduced through the site plan review process. b. Pedestrian Connection: A pedestrian connection shall be provided from a public entrance to the street unless the reviewing official determines that the requirement would unduly endanger the pedestrian. 4 • Nrrr' vito ATTACHMENT C DRAFT#3 -9/1/98 c. Special Requirements: (1) CA Lot is Adjacent to Residentially Zoned Lot: If the CA lot is adjacent to a lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I, then there shall be a minimum fifteen foot (15') sight-obscuring landscaped strip. The Hearing Examiner may modify the sight-obscuring provision through the site plan review process in order to provide reasonable access to the property. If the CA lot is adjacent to Maplewood Park, modifications to sight obscuring landscaping shall be allowed where appropriate to ensure adequate visibility for purposes of public safety. If the Street is designated arterial in the Transportation Element of the City Comprehensive Plan, nonsight-obscuring landscaping shall be provided unless otherwise determined by the Hearing Examiner through the site plan review process. These provisions may be modified by the Hearing Examiner through the site plan review process where the applicant can show that the same or better results will occur because of creative design solutions, unique aspects or use, etc.,that cannot be fully anticipated at this time. (2) CA Lot Abuts Residentially Zoned Lot: If the CA lot abuts a lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I, then there shall be a fifteen foot(15') landscaped visual barrier consistent with the definition in RMC Scction 4 31 2 in effect at the time of this agreement or as thereafter amended. A ten foot (10') sight-obscuring landscaping strip may be allowed through the site plan process provided that shall be provided. Aft solid six foot (6') high barrier wall is provided shall also be provided and located within the landscaped strip_Aand a maintenance agreement or easement for the landscape strip is shall be secured. A solid barrier wall shall not be located closer than five feet(5') to an abutting lot zoned R-1, R-5,R-8, R-10,R-14 or RM-I. These provisions may be modified by the Hearing Examiner through the site plan review process where the applicant can show that the same or better results will occur because of creative design solutions, unique aspects or use,etc., that cannot be fully anticipated at this time. (3) Screening of Outdoor Activities: If the CA lot abuts or is adjacent to a lot zoned R-1, R-5, R-8, R-10, R-14 or RM-I, then all outdoor storage, loading, repair, maintenance or work areas shall be screened by a fence, or landscaping, or a lanscaped berm, or some combination thereof as determined by the reviewing official to achieve adequate visual or acoustical screening. Loading docks shall not be located adjacent to or abutting a lot zoned R-1,R-5,R-8,R-10,R-14 or RM-I. These provisions may be modified by the Hearing Examiner through the site plan review process where the applicant can show that the same or better results will occur because of creative design solutions, unique aspects or use,etc.,that cannot be fully anticipated at this time. (4) Location of Refuse Containers: Garbage, refuse or dumpster areas shall not be located within fifty feet(50')of a lot zoned R-1, R-5,R-8, R- 5 • _ ATTACHMENT C DRAFT#3-9/1/98 10, R-14 or RM-I except by approval of the Hearing Examiner through the site plan review process. In no case shall the garbage, refuse or dumpster area be located within the required setback. d. Timing of Landscape Improvements: (1) For the Cedar River Market and Cedar River Barbershop properties. King County Property Identification Numbers 5126900326 and 5126900327, proposed developments which meets or exceeds current State Environmental Policy Act threshold requirements are to trigger imposition of landscape requirements of subsection 4c(1) and (2) above. Imposition of the requirements of subsections 4c(3) and (4) will be determined during consideration of building. site plan or environmental review applications by the reviewing official. where appropriate to address the potential visual and compatibility effects of the specific development request. (2) For the Taco Time properties and adjacent three lots. King County Property Identification Numbers 5126900195. 5126900200. 5126900205, 5126900211, 5126900215. and 1623059017, the landscape requirements of subsection c(1) and (2) shall be applied at the time of: (a) Any building demolition requiring a building permit; and/or (b) Building construction which expands the footprint of current buildings or adds additional buildings on site; and/or (c) Parking stall additions/reconfigurations which add parking/access areas to portions of properties which, at the time of this agreement, do not have improved parking/access surfaces. For any other development applications, landscape requirements of subsection 4c above shall be applied during consideration of building, site plan or environmental review applications by the reviewing official, where appropriate to address the potential visual and compatibility effects of the specific development request. (3) The landscaping provisions of subsection 4c above for the remaining properties subject to the agreement shall be required, during consideration of building. site plan or environmental review applications by the reviewing official, where appropriate. to address the potential visual and compatibility effects of the specific development request. 5. Surface Mounted Equipment: All on-site surface mounted utility equipment shall be screened from public view. 6. Roof-Top Equipment: All operating equipment located on the roof of any building shall be enclosed so as to be shielded from view, except for telecommunication equipment. 6 ATTACHMENT C DRAFT#3 -9/1/98 7. Outdoor storage: a. Permitted outdoor storage must be screened from adjacent or abutting properties and public rights-of-way. Outdoor storage uses shall provide fencing, berming, and/or landscaping as determined by the reviewing official to achieve adequate visual or acoustical screening. b. Products or bulk materials covered by buildings with roofs but without sides shall be considered outside storage and subject to the screening provisions of this Section. 8. Refuse And Recyclables Collection and Storage: All recyclables collection and storage, garbage, refuse or dumpsters contained within specified areas shall be screened, except for access points,by a fence or landscaping or some combination thereof. 9. Access for Taco Time Corporate Properties: Access for the three parcels east of Taco Time's existing corporate offices, King County Property Identification Numbers 5126900195, 5126900200, 5126900205, shall be through the existing or future Taco Time development,and not from Newport Ave SE.( SE 6th St.) D. Site Plan Review. 1. For the Taco Time properties and adjacent three lots, King County Property Identification Numbers 5126900195, 5126900200, 5126900205, 5126900211, 5126900215, and 1623059017, site plan review is required for any size development or redevelopment. a. Development proposals which are categorically exempt from review under the State Environmental Policy Act shall be subject to the administrative site plan review process. b. Development proposals which are not categorically exempt from review under the State Environmental Policy Act shall be subject to the Hearing Examiner site plan review process. 2. Site plan review may be required for other properties subject to this agreement which are not listed in subsection 1 above, according to standard Renton Municipal Code thresholds. 4. EFFECT OF DEVELOPMENT AGREEMENT Unless amended or terminated, the development agreement is enforceable during its term by a party to the agreement. The development agreement and development standards in the agreement shall govern during the term of the agreement. The agreement may not be subject to a new zoning ordinance or an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, unless otherwise provided in the agreement. Any permit or approval issued by the City after the execution of the agreement must be consistent with the development agreement. %or — ATTACHMENT C DRAFT#3-9/1/98 5. EFFECT OF OTHER CITY REGULATIONS • A. Definitions The definitions of RMC 4 31 2 Title IV in effect at the time of this agreement, or as thereafter amended, shall apply to interpretation of permitted uses and site development standards provided in this development agreement. B. Parking The Parking and Loading regulations of RMC 41 14 Title IV in effect at the time of this agreement, or as thereafter amended, shall apply to this development agreement. C. Environmental Review/Sensitive Areas Where applicable, all development shall comply with all environmental review and sensitive area regulations, including, but not limited to, Greenbelt Regulations, Wetlands Management, Aquifer Protection, Landscaping, Shoreline Master Program, Flood Hazards, and Environmental Ordinance (SEPA), , 4 31 31; and Chapter 4 6 addressed in Title IV and Title VIII of the Renton Municipal Code which are in effect at the time of this agreement, or as thereafter amended. D. Signs The Sign Code, RMC Chapters-20 Title IV, in effect at the time of this agreement, or as thereafter amended, shall apply to this development agreement. E. Other Development Regulations and Permits Development shall be subject to any other applicable development standards or requirements not otherwise specified in this agreement including, but not limited to, permit process requirements, impact fees, mitigation measures, development conditions, street and utility regulations and specifications, subdivision regulations, and health and sanitation regulations, which are in effect at the time of this agreement, or as thereafter amended. SECTION 6. AUTHORITY RESERVED Pursuant to RCW 36.70B.170(4) the City reserves its authority to impose new or different regulations to the extent required by a serious threat to public health and safety. SECTION 7. RECORDING Pursuant to RCW 36.70B.190, this development agreement shall be recorded with the real property records of King County. During the term of the development agreement, the agreement is binding on the parties and their successors. • SECTION 8. TERM This development agreement runs in perpetuity with the subject properties, unless amended or rescinded by the City Council in accordance with the procedures of Section 9 below. The parties of this development agreement agree to evaluate the agreement periodically, but not less than every ten years. Where appropriate, periodic review of the development agreement shall generally coincide with the 8 • ATTACHMENT C DRAFT#3-9/1/98 City's evaluation of its entire Comprehensive Plan every ten years,pursuant to RMC Section 4 3 2F Title N in effect at the time of this agreement,or as thereafter amended. SECTION 9. AMENDMENT The provisions of this agreement may only be amended with the mutual consent of the parties. No additions or alterations of the terms of this agreement shall be valid unless made in writing and formally approved and executed by the duly authorized agents of all parties. The City shall consider amendments to the development agreement after a public hearing by the designated hearing body, and any amendments shall be adopted by ordinance or resolution of the City Council. DEVAG998.DOC 9 ZONE COMPARISON SUMMARY ATTACHMENT D :<: ZONE:......:;::co w ZONING 0) L - o E E • USE TABLE #1 U � E UQ USES: CC CA Development Agreement Notes AGRICULTURE,RESOURCE • pRODUCSiON ANI ANoviALKEEPING Kennels, Hobby AD AD Veterinary offices/clinics no ext. kennels, runs or stables P P Veterinary offices w/kennels, runs or stables AD AD Horticultural nurseries (wholesale/retail) H H Nursery or greenhouse H H Mineral/natural resource recovery H H Single family(existing legal) Multi-family 5 du/ac maximum s Multi-family 20 du/ac maximum s Group homes I P/H Group homes II, for 7 or more H Hotels and motels P RETAILSALES Apparel and accessories P Appliances s Auto supplies P Books, music, stationery, art supply P P Building, hardware, garden materials P P Department and variety- P Drug store P P Eating &drinking establishments P P P Fabrics and related supplies P Feed stores H H Flowers, plants, and floral supplies s P P Food P P Furniture s Groceries— P P Hobbies,toys, games P Home furnishings s Jewelry P Liquor stores P Mini-marts P P P Monuments,tombstones, &gravestones AD News-stands S P P Office &business supplies, computers P P (except for computers) Personal medical supplies P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Examiner Cond.Use X=Specifically Prohibited Blank=Not Allowed Page 1 3/26/98 • • ZONE COMPARISON SUMMARY ATTACHMENT D m u TO i1 ZONING c — 0 E E , w USE TABLE #1 UU � a < a • • USES: CC CA Development Agreement Notes Pharmacies p p Photographic and electronic supplies p Sporting goods p • Taverns p • Used goods and antiques p CULTURAL, ENTERTAINMENT AND RECREATIONAL Open space (new) H P P Open space (existing) p P P Park, playground or rec./comm. center H H Parks, Regional (new) H P P Parks, Regional (existing) p P P Parks, Community(new) H P P Parks, Community(existing) p P P Parks, Neighborhood (new) s p P Parks, Neighborhood (existing) p P P Trails (new) H p P Trails (existing) p P P Adult entertainment business s Adult motion picture studios s Adult motion picture theaters s Amusement arcades p Amusement parks H Bowling alleys (centers) p Card Rooms s Dance halls and cabarets p• . Gambling casinos/games of chance/bingo (not for profit) H Outdoor commercial rec. or entertainment uses H Peep shows, panoramas s Sports arenas, auditoriums, exhibit. halls P Theaters — Theaters,drive-in p Library or museum, public or non-profit H H `OFFICEAND CONFERENCE: :: .....:.. .. Personal AD E P (For CA zone administrative determinations allow Professional AD E P offices as similar to professional/business services Administrative headquarters E P and other Business permitted uses. A formal CA zone E P amendment will clarify this.) Medical and dental E p P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Examiner Cond.Use X=Specifically Prohibited Blank=Not Allowed Page 2 3/26/98 ZONE COMPARISON SUMMARY ATTACHMENT D • • Ta ZONING — USE TABLE #1 0 0 E . cn USES: CC CA Development Agreement Notes SERVICES:. Auction houses P Barber shops P P P Beauty shops P P P Business services, general pis Pis Cemetery, crematory, columbarium, mausoleum H H Computer services (retail) P P Financial and real estate P P Funeral homes P Health clubs/fitness centers/sports clubs P Laundromats s P P - Personal service P P Pers. svcs. barber shops/beauty parlors P P Pet shop and grooming P P Photography& photo reprod. P P Printing, xerography(retail) P P Professional services s s Professional sports teams/promoters P Rental services, with outside storage s Rental services, no outside storage P Video rentals and sales s P P Electrical repair P Shoe repair P P P (to be added to CA zone generally) Television repair P Upholstery repair P Watches/jewelry repair P Family day care P P P Day care centers P P P Adult day care I, maximum 4 on residential property • P P P Adult day care I, maximum 12 on non-residential property P P P Adult day care II, 5+ on residential property P P P • Adult day care II, 13+ • on non-residential property P P P Convalescent centers&nursing homes H H Hospitals H Hospitals, sanitarium or similar uses H H P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Examiner Cond.Use X=Specifically Prohibited Blank Not Allowed Page 3 3/26/98 • loure *PI ZONE COMPARISON SUMMARY ATTACHMENT D . d uca ZONING d o USE TABLE #1 a E E . 0 0 V Q U 4 USES: CC CA Development Agreement Notes TRANSPORTATION SERVICES AND MANUP CT"A TURf`D • HOML .SALES`>�> >`<'>::: <:::.::;> ::><;::>_EM<>'`>> ' Automobile, boat, motorcycle leasing P Automobile, boat, motorcycle rental P Automobile, boat, motorcycle sales P Automobile, motorcycle, passenger truck sales P Automobile leasing P Automobile rental P Small vehicle service and repair P P (existing legal only) Body shops H Bus terminals, taxi headquarters AD Car washes P Gasoline service stations s Gas station w/associated small vehicle service and repair AD Gas stations w/mini-marts AD s Gas station w/one self-service drive-thru car wash AD Parking garage, commercial s Parking lots, commercial s Public parking s RV sales, leasing, rental P Transit centers H Truck/RV/bus sales s Large vehicle service and repair AC Uses determined by the Zoning Administrator that directly support dealerships s Helipads, accessory to primary use H Self-storage, 1 story, 1 building H \ MANUFACTURINGANDINDUSTRIAL<:. Labs: grinding &assembly of optical lens & eyeglasses s • Labs: medical, dental s Research, development&testing s Assembly and packaging of: Computer AC Electronics AC P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Examiner Cond.Use X=Specifically Prohibited Blank=Not Allowed Page 4 3/26/98 • • vow w ZONE COMPARISON SUMMARY ATTACHMENT D . c e° ca ZONING - o USE TABLE #1 0 E E . a a U 0 U < U < USES: CC CA Development Agreement Notes • Lt mfg., assembly, finishing & warehousing of: Prefabricated parts&finished parts H Solid Waste/Recycling Recycling center H Recycling collection station AD AC AC Recycling drop or collection centers H COMMERCIALII NDUSTRIAL' ACCESSORY..US.ES Apparel, fabric& leather goods fabrication AC AC Computer&electron. assemb. & packaging AC Food preparation AC AC AC Handcrafting of items/products AC AC AC (clarification that storage Is allowed with permitted Storage of products in conjunction service and office uses to be added generally to w/retail sales, service or office uses AC 6_c AC CA zone) • P.UBLiC FACILITIES.AND:S.ERVICES< <: Government offices and facilities H H Churches, synagogues, temples H H H Service clubs and organizations H H H Community facilities . S S/H H Community meeting hall • • Philanthropic institution H H Private club, fraternal or non-profit organization H H Public utility use or structure H H Utilities, small P P P Utilities, medium AD AD AD Utilities, large H H H Comm. broadcast& relay towers H H Radio or television transmitter H H Telegraph &other communication H Wireless communication facilities: • Micro facility antennas P P P Mini facility antennas P/AD P/AD P/AD Macro facility antennas P/AD P/AD P/AD Monopole I support structures AD/H P/AD P/AD Monopole II support structures x/H X/AD X/AD Lattice towers support structures X/H X/AD X/AD P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Examiner Cond.Use X=Specifically Prohibited Blank=Not Allowed Page 5 3/26/98 1 • *NW ZONE COMPARISON SUMMARY ATTACHMENT D d u e� 1.73 ZONING c � — USE TABLE #1 00 0 ao c� V , V 4 U < ' USES: CC i CA Development Agreement Notes Minor modifications to existing wireless communication facilities p P P M' ;SCHOOLS=PUBLIC`AND:PRIVATE Educational institution (public or private) H H School, elementary (existing) p School, elementary(new) H School,secondary (existing) p School,secondary (new) H Portables (existing) p Portables(new, up to four) s Change in use for existing school H School expansion up to 10% P School expansion more than 10% H Schools&studios for art, crafts, photography, dance, music s s Business and professional schools p P Special schools:tech./indust. processes H MISC USES AND:MODIFICATIONS TO DEVELO PMEN >S� Heights exceeding the maximum height of 50' H Increases (minor) over the max. area per use of 5,000 gsf. AD Increases (major) over the max. area per use of 5,000 gsf. H • Temporary uses s s s • P=Primary Use S=Secondary Use AD=Administrative Cond.Use H=Hearing Bominer Cond.Use X=Specifically Prohibited Blank=Not Allowed Page 6 3/26/98 ; .-CITY;OF:RENTON,' : DEVELOPNIENT'SERVICES DIVISION INTERPRETATION/POLICY DECISION MUNICIPAL . CODE SECTION: 4-31-10.4B2(c), Commercial Arterial Zone REFERENCE: NA SUBJECT: Permissibility of office uses and office buildings in the Commercial Arterial (CA) Zone BACKGROUND: We have received an inquiry regarding the permissibility of construction of a new office building in the Commercial Arterial Zone. The Commercial Arterial Zone permits 'Professional and Business Services" as secondary uses but does not define these terms. Office uses are not specifically listed. Section 4-31-10.4(C1) of the Zoning Code allows the Zoning Administrator to make determinations regarding the permissibility of uses not specifically listed in the new zoning code--provied the use is "in keeping with the purpose and intent of-the zone and similar in nature to a • specifically listed Permitted, Secondary, Accessory or Conditional Use. JUSTIFICATION: The purpose of the CA Zone is to "provide suitable environments for strip commercial development. The CA Zone provides for a wide variety of retail sales and personal/professional services primarily oriented to automobile traffic along designated major arterial streets". Objective EA- 9.2 of the Land Use Element of the Comprehensive Plan states: "Secondary uses in the Employment Area Commercial designation should allow a mix of uses, including office, multi-family, and light industrial, with the primary use being retail'. One purpose of the zoning code is to regulate the type and intensity of uses to ensure compatibility with uses on surrounding properties. The question of whether office buildings are allowed in the CA Zone is not a matter of use, but rather of development standards. A "retail building" could be converted to an "office building" and vice versa without changing the external structure or appearance. However, the type of use allowed in a particular buildin is governed by the list of allowed uses in a zone. In the case of the CA Zone, personal services financial and real estate services are listed as primary uses and professional and business services are listed as secondary. The examples cited here are often located in an office building of one style or another. DECISIONF:- The Commercial Arterial (CA) Zone allows for office uses and office buildings that comply with the development standards and list of permitted uses for that zone. • DIVISION HEAD APPROVAL: DATE: • DIVISION HEAD /7 )) / /it APPROVAL: � DATE: C' - - c2 ATTACHMENT E ATTACHMENT F 4-31-10.4 ARTERIAL COMMERCIAL(CA)ZONE B. Permitted Uses: 1. Primary Uses: b. Services: (14) Miscellaneous minor repairs (TV, electrical appliances, upholstery, shoe repair,etc.). d. Offices: Offices including administrative headquarters, business, medical and dental,personal and professional. 3. Accessory Uses: In the Arterial Commercial Zone, the following uses are allowed where incidental to a permitted primary or secondary use and shall not exceed thirty three percent(33%)of the gross floor area: e. Warehousing: Warehousing and storage of products in conjunction with retail sales; storage of supplies in conjunction with service and office uses. CAGLOBL2.DOC\ • ATTACHMENT G EMPLOYMENT AREA Summary: These policies are designed to ensure that Renton will have adequate reserves of land as one tool in its economic development efforts. Adequate land is necessary to attract new businesses in an effort to expand and diversify the employment base. Diversity and Stability Objective LU-W:. Promote diversity and stability in the employment base. Policy LU-144. The City should endeavor to keep its present economic base, including the heavy industrial development,light and medium industrial users, supporting commercial and office land uses. Policy LU-145. The City should provide incentives including adequate land supply and land use guidance for new businesses and for existing businesses relocating within the City. Policy LU-146. Adequate amounts of land suitable for all types of industrial, light industrial, office and commercial uses should be available for present and future development. Using the growth assumptions, criteria for determining "adequate amounts of land" for the employment area should be based on the following. a. Commercial: Provide for local and regional shopping needs of the residential and employment sectors of the community. Currently, Renton has provided 8.7% of its land base for commercial retail uses. Because of Renton's unique location as the interstice between a number of state transportation routes and a regional freeway this percentage should be expanded to capture a larger share of the commercial market. b. Industrial: Sustain the land use base for existing industrial users. Renton has provided 14.6%of its land base for industrial uses, a higher percentage than many other of the area's cities. This percentage is expected to decline as Renton grows in land area. Discussion: The mixed use concept is intended to create flexibility in the development code. With changing technology and combinations of uses within one business campus, traditional land use classifications may be too restrictive. A flexible approach can facilitate business development and stimulate creation of nodes of employment activity supported by commercial and service uses. Renton's commercial retail land base has increased from 6.7% to 8.7% over the last few years whereas its industrial land base has declined from around 20%in the early 1990's to around 14.6%in 1996. c. Office: Provide for stand alone office uses, and offices that support industrial uses in order to reach future employment levels. Renton currently provides 6.0%of its land base for office uses. d. Light industrial: Sustain the amount of existing uses and provide for a modest future expansion of light industrial development. e. Residential: Locate residential uses only in Commercial Arterial Zoned Areas, and limit residential development to multi-family uses which support Commercial Employment Areas and are clearly secondary to commercial uses. • Policy LU-147. Renton should play a leadership role in the state and regional economic and industrial development forums. EAPOLDOCI 1 ATTACHMENT G Policy LU-148. In each employment designation, an appropriate mix of commercial, office, light industrial and industrial uses should be encouraged. The mix will vary depending on the employment area emphasis. Policy LU-149. Employment Area designations should each have a primary emphasis but allow a range of allowable secondary uses. Policy LU-150. Small-scale uses should be encouraged to cluster to maximize their contributions to the community and their use of infrastructure and amenities. Policy LU-151. Sites and structures should be designed (e.g. signage and facades; building height, bulk and setback; landscaping; parking; storage and delivery areas) to mitigate adverse impacts on adjacent less intensive land uses. Policy LU-152. RESERVED Discussion: The mixed use concept is intended to create flexibility in the development code. With changing technology and combinations of uses within one business campus, traditional land use classifications may be too restrictive. A flexible approach can facilitate business development and stimulate creation of nodes of employment activity supported by commercial and service uses. Infrastructure Objective LU-X: Make efficient use of infrastructure. Policy LU-153. Adequate infrastructure (e.g. roads, utilities, public services) should be in place prior to occupancy. Policy LU-154. As a priority, railroad transport should be encouraged as an alternative to heavy truck transport. Railroad facilities in industrial areas should be protected from adverse development. Policy LU-155. Developments should be encouraged to make greater use of the municipal airport, but only for aviation purposes (e.g. light weight express freight,business jet and charter services). Policy LU-156. Convenient transit stops, both along public streets and within employment areas, should be coordinated between major employers and public transit authorities. Policy LU-157. Lands with adequate existing infrastructure should be given priority for development. Environmental Quality Objective LU-Y: Maintain environmental quality at a level desired by the community. Policy LU-158. Local policies and regulations for hazardous materials and wastes should comply and be coordinated with federal, state, and regional policies and regulations. Policy LU-159. Land uses which have been determined to be hazardous to the aquifer should be phased out in Aquifer Protection Zone 1. New uses which could be hazardous to the aquifer should locate outside Aquifer Protection Zone 1. EAPOLDOC\ 2 *11100 ATTACHMENT G Site Design Policy LU-160. Developments should provide appropriate treatment (e.g. landscaping, improved building facade)along major arterials to mitigate adverse visual impacts. Policy LU-161. RESERVED Policy LU-162. On-site open space and recreational facilities in developments should be required. Policy LU-163. Site design of developments should be encouraged to maximize public access to and use of public areas as well as shoreline areas in locations contiguous to a river, lake wetland or stream, where such access will not jeopardi7P the environmental attributes of the area. Light Industry Objective LU-Z: Promote the development of light industries in suitable locations. Policy LU-164. Light industrial uses which are allowed should be less intensive in order to maintain compatibility with adjacent uses. Policy LU-165. Light industrial uses should not create noxious conditions such as noise, odors, or traffic which could detract from the office uses allowed in this category. Policy LU-166. Light industry should be an allowed secondary use in Employment Area designations. Policy LU-167. Light industrial uses should be allowed as secondary uses in Neighborhood, Suburban, Downtown, and Office/Residential centers. Discussion: Specific policies for light industrial uses are incorporated into the policies for Employment Area and Centers. These policies provide general direction on the location and compatibility of light industrial uses with other mixed uses. EMPLOYMENT AREA- COMMERCIAL Objective LU-AA: Provide for commercial and residential uses requiring large amounts of land and/or high visibility and access to large volumes of automobile traffic in areas outside of Centers and the Center Downtown designations. Policy LU-168. Employment Area - Commercial designations should only be located on, and have access to,streets classified as major arterials or above. Policy LU-169. Individual parcels should be encouraged to consolidate to maximize flexibility of site design and reduce access points. Policy LU-170. Individual development projects should be encouraged to: a. minimize curb cuts and share access points, b. provide for internal circulation among adjacent parcels, c. share parking facilities, EAPOLDOCI 3 *so Nov ATTACHMENT G d. centralize signing, e. create a unified style of development,and f. provide landscaping and streetscaping to soften visual impacts. Policy LU-171. Residential uses in the Employment Area - Commercial designation may be a single use development and should be limited to a maximum density of 20 du/acre. Policy LU-172. Create a 24 hour population and a source of affordable housing by promoting residential and commercial development in the Employment Area-Commercial designation. Policy LU-173. Single family development should not be allowed in this designation. Objective LU-BB: Ensure quality development in Employment Areas-Commercial. Policy LU-174. Parking areas should be landscaped (including street trees, buffers, berms), especially along the roadways,to reduce the visual impacts. Policy LU-175. Landscape buffers, additional setbacks, reduced height, and other screening devices should be employed to reduce the impacts (e.g.visual,noise,odor,light)on adjacent,less intensive uses. Policy LU-176. Increased demand for commercial uses should be accommodated through redevelopment and intensification of Employment Area-Commercial designations rather than expansion of those areas. Policy LU-177. Special design considerations (e.g. landscape, streetscape, signage, building design) should be encouraged for areas which are designated as gateways for the city. Policy LU-178. The primary uses (retail, residential or service) should account for a minimum of fifty percent(50%) of the total building area within Employment Area-Commercial designations. Policy LU-179. A unified style of commercial or residential development should be encouraged through site standards, including: a. minimum lot depth of 200 feet, b. maximum height of 4-6 stories, c. parking to the side or rear of the building, d. maximum setbacks which will allow incorporating a landscape buffer, and - e. common signage and lighting requirements. Policy LU-180. Public amenity features (e.g. parks, plazas, recreation areas), beyond those required for the mitigation of adverse environmental impacts, should be encouraged as part of every development. Policy LU-181. Development should be designed to be compatible with adjacent, less intensive uses, e.g. lighting, fences, landscaping, setbacks should all be considered during site design. EAPOLDOC\ 4 ATTACHMENT G - Policy LU-182. Employment areas located between East Valley Highway and SR 167 should buffer their uses from SR 167 through a sight obscuring 15'wide native vegetation strip along SR 167. EMPLOYMENT AREA- OFFICE Objective LU-CC: Promote intensive office activity including a wide range of business, financial and professional services to local, regional, national, and global markets, supported by service and commercial activities. Policy LU-183. Low, medium and high intensity office should be encouraged as the primary use in the Employment Area-Office designation. Policy LU-184. Secondary uses in the category should include a mix of commercial and light industrial activities. Policy LU-185. Retail and services should support the primary office designation in this category and should be encouraged to locate on the ground floor of office and parking structures. Policy LU-186. High-rise office development should be limited to up to 25 stories in height. Thirty stories may be obtained through a height bonus system. Policy LU-187. Height bonuses of 5 stories may be allowed in designated areas under appropriate conditions where sites provide additional public benefits such as plazas, parks, exceptional landscaping and/or public art. Policy LU-188. Intensive office uses should be located contiguous to an existing or planned transit route. Objective LU-DD: Ensure quality development in Employment Area-Office areas. • Policy LU-189. Intensive office sites and structures should be designed (e.g. signage; building height,bulk and setback; landscaping;parking)to mitigate adverse impacts on adjacent land uses. Policy LU-190. Parking should be provided on-site, in parking structures, and buffered from adjacent uses. Policy LU-191. Internal site circulation should be primarily pedestrian oriented. Policy LU-192. Vehicular access to the site should be from the major street with the access points minimized but designed to ease entrance and exit. Policy LU-193. Public amenity features (e.g. parks, pla7ns, recreation areas), beyond those required for the mitigation of adverse environmental impacts, should be encouraged (i.e. through incentives or similar Means)as part of every development. Policy LU-194. Site and building design should be transit and pedestrian/people oriented. Ground floor uses and design should be pedestrian oriented. EAPOLDOC\ 5 ATTACHMENT G CONVENIENCE COMMERCIAL Objective LU-FF: Permit small-scale commercial uses which serve the personal needs of the immediate population in residential areas and reduce automobile travel. Policy LU-213. Small-scale commercial uses may locate in close proximity to one another but should not concentrate to the point of changing the predominant character of an area from residential to commercial. Policy LU-214. Commercial structures in adjacent convenience commercial designations or in planned developments within a Residential Options designations or Residential Planned Neighborhood designations should be compatible with the single family character of the residential area. Standards should be developed to govern the design and operation of such areas to ensure their functional and visual compatibility with residential neighborhoods. Policy LU-215. Small-scale home occupations that provide opportunities for people to work in their homes should be allowed in residential areas. Standards should govern the design, size, intensity, and operation of such uses to ensure their compatibility with residential uses. Policy LU-216. A mix of uses (e.g. convenience retail, consumer services, offices, residential) should be encouraged in small-scale commercial developments. Policy LU-217. Products and services related to large scale motorized machinery, vehicles, or equipment should not be allowed as small-scale convenience commercial uses. Policy LU-218. Residential densities within Convenience Commercial designations should be 5 dwelling units per acre. Residential uses should be secondary to commercial uses and be included within commercial structures. . Policy LU-219. Commercial structures in adjacent Convenience Commercial designations should be compatible with the single family character of the residential area in height, frontyard setbacks, lot coverage, and building design. Objective LU-GG: Maximize the convenience and minimize the impacts of small-scale commercial uses • through appropriate siting. Policy LU-220. Small-scale commercial uses should be located: a. within pedestrian range of existing and planned residential areas. b. _outside of the trade area of other small-scale commercial uses offering comparable goods and services. c. contiguous to a street classified at the collector level. EAPOLDOCI 6 '", ATTACHMENT H RO AND CN POLICY ANALYSES POLICY ANALYSIS RESIDENTIAL OPTIONS- CONRAD PROPERTIES Policy LU-48. Buildings should front the street The existing lot pattern on the Conrad property rather than be organized around interior shows a road easement to access the two rear lots. courtyards or parking areas. The other two lots front SE 6th Street. The rear lots would support buildings organized around the private road easement. Policy LU-50. Residential neighborhoods may The designation of Residential Options with the be considered for the Residential Options corresponding zoning of R-10 would meet criteria Designation if they meet three of the following b, c, and d since development patterns are criteria: established, and there are four existing vacant lots a. The area already has a mix of small scale accessing SE 6th Street which has utility services. multi family units or had long standing There could be a concern about spot-zoning four duplex or low density multi-family zoning; adjacent parcels under common ownership. b. Development patterns are established. c. Vacant lots exist or parcels have redevelopment potential. d. Few new roads or major utility upgrades will be needed with future development. e. The site is located adjacent to a Center designation. Policy LU-55. Development in Residential Except for commercial uses nearby, the Options should be compatible with existing residential development in the neighborhood development patterns and be sensitive to unique consists of single family detached housing. features and differences among established RO/R-10 designations would allow for duplex, neighborhoods. Development standards should triplex or fourplex structures in addition to reflect single family neighborhood characteristics detached single family. One structure is allowed such as ground related orientation, coordinated per lot. Based upon R-10 standards, the structural design, and private yards. maximum number of units that could be accommodated on each existing lot is two (duplex), allowing a total of eight units. CENTER NEIGHBORHOOD-AMENDMENT AREA WITH CONRAD Policy LU-91. Center boundaries should be If utilizing the proposed amendment area designated according to the following criteria: including the Conrad property, the boundaries a. The boundary should coincide with a would be drawn at major changes in land use type major change in land use type or intensity. since the boundaries would be placed next to single family zoned property. The area is flat, b. Boundaries should consider topography and boundaries would occur along rights-of-way and natural features such as ravines, hills, or rear property lines. There are no prominent and significant stands of trees. focal points in the amendment area. The potential c. Boundaries should occur along public amendment area would be less than 1,200 feet rights-of-way including streets or utility from the intersection of Maplewood Place and easements, or at rear property lines where Maple Valley Highway. justified by the existing land use pattern. CNPOLM4.DOC\ 1 v�rNee ATTACHMENT H POLICY ANALYSIS Boundary lines should not be drawn through the interior of parcels. d. As a maximum distance, the boundary should be drawn within 1,200-1,500 feet from one or two focal points which may be defined by intersections, transit stops or shopping centers. When a Center contains more than one focal point, the boundary may be drawn within 1,200- 1,500 feet as a maximum from a line connecting the focal points. Policy LU-92. Centers should be designated There are existing office and retail commercial where there are the following characteristics: activities on separate properties with no shared parking or access or common design which a. a nucleus of existing multi-use development, would not be characterized as multi-use. b. potential for redevelopment,or vacant The Conrad properties, the easement and espresso land to encourage significant stand sites are vacant or partially vacant and concentration of development. could support some development. However, the amendment area would not result in a significant c. principal gateways to the City as defined concentration of development. For comparison, in the Community Design Section of the the sizes of the existing Center Neighborhood Land Use Element. districts in the City are: d. Center locations should be located on . Proposed Amendment Area: 4 acres major transit and transportation routes. • NE Sunset Boulevard: 115 acres e. Center locations should be served by the City's arterial street system. • S. Puget Drive: 33 acres The area would not be a principal gateway to the City, since the golf course area further east would be the more likely gateway to the City. A portion of the amendment area would be located along Maple Valley Highway, a principal arterial. Policy LU-93. Transitional land uses which There would not be much opportunity to provide surround the Center are designated to provide for transitional land uses near the single family buffers to the less intensive uses. zones such as moderate density residential (e.g. RO/R-10) given the size of the potential amendment area, the amount of vacant land, and existing commercial uses on much of the properties. Objective LU-Q: Encourage a wide range and The existing uses are suburban in character and combination of uses, developed at sufficient future development on the limited vacant land intensity to maximize efficient use of land, would not likely result in the creation of an urban support transit use and create an urban district. district. Policy LU-97. Encourage multi-story office, commercial, and multi-family uses. CNPOLM4.DOC\ 2 • 4.400 ATTACHMENT H POLICY ANALYSIS Policy LU-98. Discourage single story suburban style development. Policy LU-105. Develop at least one major focal The available vacant land is not necessarily point within each Center which defines the core located in the core of the potential amendment of the Center and is visually distinctive. area. Maplewood Park would abut the proposed Policy LU-106. Focal points should include a amendment area, and would not be central. combination of public areas such as parks or plazas, architectural features such as towers, outstanding building design, transit stops or outdoor eating area. These features should be connected to pedestrian pathways if possible. Policy LU-114. Promote the clustering of The existing commercial uses are auto oriented, Neighborhood Commercial uses and discourage and future development is not likely to change the development of strip commercial areas. this orientation given the location and size of the available vacant/partially vacant land. Policy LU-115. Adequate retail goods and The vacant property would likely be developed services should be provided at neighborhood for office uses (Taco Time/Conrad) or residential centers to encourage residents to shop locally for (Conrad), and would not result in provision of daily goods rather than drive to regional centers. retail goods. The market allows for some local shopping. Additional development is not likely to provide enough of a nucleus of additional retail/service activities allowing residents to shop locally rather than regionally. Policy LU-117. New garden style multifamily The CN designation is affected by the development should be discouraged. [Density - moratorium, and would affect the Conrad Reserved pending development of code property if applied. Density has not been language] established. Multi-family uses may not be compatible with the surrounding lesser intense uses. This could be addressed in a development agreement. Policy LU-118. Office uses should be limited to To accommodate the Taco Time office, a service office development and should be 1-2 Comprehensive Plan text amendment would be stories in height. needed to generalize office types that could be allowed including administrative headquarters, personal,professional, etc. CNPOLM4.DOC\ 3 400 ATTACHMENT H POLICIES FOR RO AND CN DESIGNATIONS RESIDENTIAL OPTIONS AND RESIDENTIAL PLANNED NEIGHBORHOOD General Policies Objective LU-K: Create new planned residential neighborhoods in areas mapped as Residential Options (RO) and Residential Planned Neighborhood (RPN) which include a variety of unit types designed to incorporate features from both single family and multi-family developments, and to support cost efficient housing,infill development, transit service, and the efficient use of urban services and infrastructure. Policy LU-41. Provision of small lot single family detached unit types, townhouses and multi-family • structures compatible with a single family character should be encouraged provided that density standards can be met. Policy LU-42. A range and variety of lot sizes should be encouraged. Policy LU-43. Central place public amenities should function as a focal point within the development and should include features such as a public square, open space, park, civic or commercial uses. The central place should include passive amenities such as benches and fountains, and be unified by a design motif or common theme. Policy LU-44. The dwelling types, including detached and attached units, should be clustered and connected within the overall development through the organization of roads, blocks, yards, central places and amenity features to create a neighborhood with diverse housing types. Policy LU-45. Development should occur on a flexible grid street and pathway system to the extent feasible given environmental constraints, traffic flow, and the pattern of existing development. Policy LU-46. Condominium ownership may occur in any unit type. Policy LU-47. Townhouse development should provide either condominium or fee simple homeownership opportunities. Policy LU-48. Buildings should front the street rather than be organized around interior courtyards or parking areas. Policy LU-49. Non-residential structures may have dimensions larger than residential structures but should be compatible in design and dimensions with surrounding residential development. Residential Options Policy LU-50. Residential neighborhoods may be considered for the Residential Options Designation if they meet three of the following criteria: a. The area already has a mix of small scale multi-family units or had long standing duplex or low density multi-family zoning; b. Development patterns are established. c. Vacant lots exist or parcels have redevelopment potential. d. Few new roads or major utility upgrades will be needed with future development. e. The site is located adjacent to a Center designation. Policy LU-51. The net development densities should be 10 dwelling units per acre. If 100% of the dwelling units are detached, a density bonus may be allowed to a maximum of 13 dwelling units per acre. CNPOLM4.DOC\ 4 — Noe ATTACHMENT H Policy LU-52. Minimum net development densities should be 7 dwelling units per acre. Policy LU-53. Detached single family housing, townhouses, and small scale multi-family units should be allowed in Residential Options. Policy LU-54. A maximum of 50% of units allowed within an individual RO development may consist of attached units which includes townhouses, and small scale multi-family units. Policy LU-55. Development in Residential Options should be compatible with existing development patterns and be sensitive to unique features and differences among established neighborhoods. Development standards should reflect single family neighborhood characteristics such as ground related orientation, coordinated structural design,and private yards. Policy LU-56. Non-residential structures, should be clustered and connected within the overall development through the organization of roads, blocks, yards, other central features and amenity features to create a neighborhood. CENTERS Summary: The concept of the Center relies on creating a boundary to contain more intensive uses and prevent them from encroaching on adjacent neighborhoods. However, within the boundary, greater freedom and flexibility of land use is intended compared to traditional zoning classifications. The Center is intended to be an intense urban mixed use place which is pedestrian oriented that provides a visual and physical focal point for the surrounding residential area. Centers should provide community focus for their surrounding neighborhoods. General Policies Policy LU-82. Promote the clustering of Center uses and discourage the development of strip commercial areas. Policy LU-83. General policies of the Center Section also apply to the Downtown Element. Policy LU-84. Different types of Centers should have different ranges, mix and characters of development. Policy LU-85. Centers should have high priority for infrastructure improvements. Policy LU-86. Centers should function as gateways into the City or neighborhoods. Policy LU-87. Centers should provide community focus for their surrounding neighborhoods. Policy LU-88. The boundary should encourage maintenance of unique and independent centers. Policy LU-89. Create Centers which support a citywide transit system and encourage pedestrian access. Policy LU-90. Centers should incorporate transit stops within them. Locational Criteria Policy LU-91. Center boundaries should be designated according to the following criteria: a. The boundary should coincide with a major change in land use type or intensity. b. Boundaries should consider topography and natural features such as ravines, hills, and significant stands of trees. c. Boundaries should occur along public rights-of-way including streets or utility easements, or at rear property lines where justified by the existing land use pattern. Boundary lines should not be drawn through the interior of parcels. CNPOLM4.DOC1 5 sir+' ATTACHMENT H d. As a maximum distance, the boundary should be drawn within 1,200-1,500 feet from one or two focal points which may be defined by intersections, transit stops or shopping centers. When a Center contains more than one focal point, the boundary may be drawn within 1,200-1,500 feet as a maximum from a line connecting the focal points. Policy LU-92. Centers should be designated where there are the following characteristics: a. a nucleus of existing multi-use development, b. potential for redevelopment, or vacant land to encourage significant concentration of development. c. principal gateways to the City as defined in the Community Design Section of the Land Use Element. d. Center locations should be located on major transit and transportation routes. e. Center locations should be served by the City's arterial street system. Policy LU-93. Transitional land uses which surround the Center are designated to provide buffers to the less intensive uses. Policy LU-94. Changes to adopted boundaries should only be made in the following circumstances: a. The original mapping failed to consider a major natural feature or significant land use which would make implementation of the boundary illogical. b. The amount of land within a Center is inadequate to allow development of the range and intensity of uses envisioned for the Center. Policy LU-95. Maximize the use of existing urban services and facilities and revitalize commercial areas outside of Renton's downtown by permitting residential development mixed with commercial areas designated as Suburban, Neighborhood, and Office/Residential centers. Policy LU-96. Incentives should be developed to encourage future development or redevelopment pro- jects that incorporate residential uses. Mix and Intensity of Uses Objective LU-Q: Encourage a wide range and combination of uses, developed at sufficient intensity to maximize efficient use of land, support transit use and create an urban district. Policy LU-97. Encourage multi-story office, commercial, and multi-family uses. Policy LU-98. Discourage single story suburban style development. Policy LU-99. Allow for limited light industrial development if conditions can mitigate the impacts of these uses on adjacent development, the Neighborhood, Suburban, and Downtown centers. Policy LU-100. Mixed development within the same structure should include uses which are compatible with each other, i.e. office and certain retail uses with residential; office and retail; light industrial; and heavy commercial. Policy LU-101. Commercial uses within a residential mixed use development, should be located and designed to preserve privacy and quiet for residents. Site and Building Design Policy LU-102. Site and building design and use should be oriented primarily toward pedestrian/people to maximize pedestrian activity and minimize automobile use for circulation within the center. CNPOLM4.DOC1 6 • vigor ATTACHMENT H Policy LU-103. Existing residential and commercial development should be integrated as much as possible through alterations in parking lot design, landscapes, signage, and site plan alterations as redevelopment opportunities occur. Policy LU-104. Signage for mixed use development should be consolidated on one structure and located in the manner that will reduce light and glare impacts to the residential users. Focal Points Policy LU-105. Develop at least one major focal point within each Center which defines the core of the Center and is visually distinctive. Policy LU-106. Focal points should include a combination of public areas such as parks or plazas, architectural features such as towers, outstanding building design, transit stops or outdoor eating area. These features should be connected to pedestrian pathways if possible. Policy LU-107. Existing intersections of arterial roadways should be evaluated for opportunities to create focal points. Circulation and Parking Policy LU-108. Vehicular circulation should be internal and access to adjacent streets should be consolidated. Policy LU-109. Vehicular access to the site should be from a principal arterial street with the number of access points minimized. Policy LU-110. Parking for residential uses in the mixed use developments should not disrupt the pedestrian or auto access to the retail component of the project. Parking should be accommodated as part of the structure, in back of, or in the side yards for the residential users. Policy LU-111. Site plan designs which locate parking lots associated with commercial uses, apaituients or other uses behind or adjacent to structures are encouraged. Discourage parking lots from locating between structures and street rights-of-way. • Policy LU-112. Minimize the percentage of land devoted to surface parking by encouraging shared parking and development of parking structures. Buffers Objective LU-R: Create a buffer at the boundary of Centers to protect adjacent less intensive land uses from the impacts of urban activities within the Center. Policy LU-113. Buffers may be a combination of: • a. less intensive land uses, b. open space (not parking lots), c. structural elements, d. landscape features, e. fencing, and f. other features which meet the spirit and intent of these policies. Center Neighborhood • Objective LU-S: Create neighborhood centers which include commercial, light industrial, and residential uses and serve the basic, ongoing needs of the population in adjacent and surrounding neighborhoods. Policy LU-114. Promote the clustering of Neighborhood Commercial uses and discourage the development of strip commercial areas. CVPOLM4.DOC\ 7 • ATTACHMENT H Policy LU-115. Adequate retail goods and services should be provided at neighborhood centers to encourage residents to shop locally for daily goods rather than drive to regional centers. Policy LU-116. Residential uses should not exceed 50% of the overall mix within a center, with the remaining 50% commercial/light industrial uses in order to implement the growth policies in the Comprehensive Plan. Policy LU-117. New garden style multifamily development should be discouraged. [Density - Reserved pending development of code language] Policy LU-118. Office uses should be limited to service office development and should be 1-2 stories in height. CNPOLM4.DOC\ 8 CITY OF RENTON MEMORANDUM DATE: October 20, 1998 TO: City Council Mayor Tanner FROM: Larry Brosman PLANNING COMMISSION SUBJECT: Recommendation - Maple Valley Taco Time Comprehensive Plan Amendment,Rezone,Development Agreement, CA Zone Amendments RECOMMENDED ACTION: Designate the four Conrad parcels with the Residential Options land use designation, with a concurrent rezone to R-10. Apply the Convenience Commercial designation and zone.to the Cedar River Market and Cedar River Barbershop properties. Deny the Administration recommendation for the Taco Time lease/option and option properties to redesignate the properties to Employment Area-Commercial/Commercial Arterial designations. Maintain the current Convenience Commercial designations for the Taco Time office building, easement and espresso stand properties. Maintain the current Residential Single Family/R-8 zoning for the three residential lots. Maintain the Convenience Commercial designation for the radiator repair property. Maintain the Convenience Commercial designation for the insurance office property. Deny the proposed Development Agreement which "sugar coats" the proposed Taco Time expansion. Approve the code amendments to allow offices, accessory storage for office/service uses, and shoe repair in the Commercial Arterial zone. Planning Commission Action and Recommendation The Planning Commission held a public hearing on September 16, 1998 for the proposed Maple Valley Taco Time Area Comprehensive Plan Amendment, Rezone, Development Agreement, and general Commercial Arterial zone amendments (98-M-4; LUA 98-042 CPA, R, ECF). Deliberations were completed on October 7, 1998. In response to citizen testimony and petitions presented, as well as detailed review of staff reports and field review of the neighborhood, the Planning Commission made the above recommendations unanimously. For:. Beverly Franklin, Rose Anne Jacobs, Eugene Ledbury, Becky Lemke, Rosemary Quesenberry, Rich Wagner Against: None Absent: Jeff Lukins Signed Larry B sman Planning Commission Chair cc: Jay Covington H:\DIVISION.S\P-TS\PLANNING\AMENDS\1997\PCRPT.DOC • 41 SE 5th St Wit R S /tit* 4 . 4P14•04 9 #4 z.L * iti. .. , * 0 . c c •••• .. .. .......... .. . .), , , dk .R . . ... .. . .. ... .. . .. .. .. ..... .... .. .. . , v:::::::: :::::::. ...:•:•:.•:•.:•.:•.....:• , . .. .. .. ... Q ,i '4"4 4 Ill\ 41- • • . . ,_ A4*, s • o cf o044* Q'e 0 4 150 30 i 1 : 1 , : 0 0 N Existing and Proposed Land Use Planning Commission Recommendation •+��'���� Neighborhoods do Strategic Planning ED/N}/ASP \ \ 8 R S to CC 20 octobpe! 898 econie RS to RD r. 1 _ --s 8 .1 SE 5th St /tit* ** 1111,1111" S I Pt # .P SE �• 1 e a) 0 D 4 o 0 4 1 �Q o •4. ....... 8440„, A.)(6) 4 6 6), .. ......... .... .. .. ./e,, , N.:::::::::::::::::::::::::::::::: . . .... . ....... . XA..... ..... .. . 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