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HomeMy WebLinkAboutRevisions to 4-31-19.E - Temporary Use Permits and 5-1-1.A - Fee (7/10/1995) November 13, 1995 *f.r+ Renton City Council Minutes — Page 430 Ordinance #4560 An ordinance and summary ordinance were read amending Chapter 31, Building: Temporary Use Zoning Code, of Title IV (Building Regulations), and amending subsection 5- Permit Ordinance 5-l.A of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of City Code relating to the processing of temporary use permits, allowing temporary uses as permitted secondary uses in certain zones, and reducing the amount of the application fee for a temporary use permit. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE ORDINANCE AND SUMMARY ORDINANCE AS PRESENTED. ROLL CALL: FIVE AYES (SCHLITZER, STREDICKE, KEOLKER-WHEELER, NELSON, EDWARDS), TWO NAYS (TANNER, CORMAN). CARRIED. ADMINISTRATIVE Mayor Clymer congratulated Councilman and Mayor-elect Tanner on winning REPORT the mayoral campaign for the 1996-1999 term, promising a smooth transition Executive: Congratulations between administrations. to Mayor-elect Tanner AUDIENCE COMMENT Ed LaKous, 1633 S. Eagle Ridge Dr., Renton, 98055, took exception to Citizen Comment: LaKous comments made by Castle Rock co-owner Michael Prineas in a local - Castle Rock Restaurant newspaper article regarding the purported motivation behind resident & Lounge complaints about this business. Emphasizing that residents are concerned only about the noise that is generated by this establishment and its patrons, Mr. LaKous added that Castle Rock's roof-top air conditioning unit has never been the source of noise complaints. ADJOURNMENT MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL ADJOURN. CARRIED. Time: 8:48 p.m. • MARILY J. TERSEN, CMC, City Clerk Recorder. Brenda Fritsvold 11/13/95 CITY OF RENTON MEMORANDUM DATE: November 8, 1995 TO: Mayor Earl Clymer, and Members, Renton City Council FROM: Marilyn Petersen, City Clerk SUBJECT: Temporary Use Permit Ordinance The Temporary Permit Ordinance, which was placed on first reading on 11/6/95, has been amended per Council's request. A copy of page 7 is attached reflecting the change to Section 12 regarding appeals. The amended ordinance is scheduled for second reading and adoption on 11/13/95. If additional information is needed regarding this matter, please feel free to call me at X2502. cc: Jay Covington ..•ORDINANCE NO. ... Temporary Use Permit as approved. The amount of the security will be determined by the Planning/Building/Public Works Administrator or designee, but in no case shall it be less than $1, 000 . 00 . The security may be used by the City to abate the use and/or facilities . 12 . Appeals . Within ten days of approval, denial, or revocation of a Temporary Use Permit, the applicant or any other aggrieved party may file an appeal to the Hearing Examiner. The conduct of such appeal shall proceed pursuant to the Hearing Examiner' s ordinance. Appeals of the Hearing Examiner' s decision will be made to the City Council . 13 . Penalties . Unless otherwise specified, penalties for any violations of any of the provisions of this Code shall be in accord with Chapter 33 of Title IV. SECTION II . There is hereby created the following subsections : 4-31-4 . 1 B.2 .f, 4-31-4 .2 .B.2 .g, 4-31-5 .B.2 . f, 4-31- 6 .B.2 . f, 4-31-7 .B. 2 .e, 4-31-8 .B.2 .d, 4-31-9 .B.5 .b, 4-31- 10 .1 .B.2 .q, 4-31-10 . 2 .B.2 .p, 4-31-10 .3 .B.2 .o, 4-31-10 .4 .B. 2 .1, 4- 31-10 . 5 .B.2 .g, 4-31-11 . 1 .B.2 . i, 4-31-11.2 .B.2 .j , 4-31-12 .B.2 .g, 4-31-13 .B.2 .d, 4-31-16 .B .2 .o and 4-31-25 . 1 .B. 2 .d of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington, " which will read as follows : Temporary Use, as defined in section 4-31-19 .E. 7 November 6. 1995 ..,., Renton City Council Minutes '•40+• Page 419 Rezone: Hillcrest An ordinance was read changing the zoning classification of property located Elementary School, 1800 at 1800 Index Ave. NE from P-1 (Public Use) to R-10 (Residential - 10 units Index Ave NE per acre) (Hillcrest Elementary School, File No. LUA-95-097). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. Rezone: North Highlands An ordinance was read changing the zoning classification of property located Neighborhood Park, 3000 at 3000 NE 16th St. from P-1 (Public Use) to R-10 (Residential - 10 units per NE 16th St acre) (North Highlands Neighborhood Park, File No. LUA-95-092). MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. Rezone: Highlands An ordinance was read changing the zoning classification of property located Neighborhood Center, 810 at 810 Edmonds Ave. NE from P-1 (Public Use) to R-8 (Residential - 8 units Edmonds Ave NE per acre) (Highlands Neighborhood Center, File No. LUA-95-096). MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. Rezone: Highlands Annex, An ordinance was read changing the zoning classification of property located Edmonds Ave NE & NE at northeast corner of Edmonds Ave. NE and NE 7th St. at 754 Edmonds Ave. 7th St NE from P-1 (Public Use) to R-8 (Residential - 8 units per acre) (Highlands Annex, File No. LUA-95-134). MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. Rezone: Highlands An ordinance was read changing the zoning classification of property located Elementary School, 2727 at 2727 NE 9th St. from P-1 (Public Use) to R-8 (Residential - 8 units per NE 9th St acre) (Highlands Elementary School, File No. LUA-95-098). MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. Building: Temporary Use An ordinance and summary ordinance were read amending Chapter 31, Permit Process Zoning Code, of Title IV (Building Regulations), and amending subsection 5- 5-1.A of Chapter 1, Fee Schedule, of Title IV (Finance and Business Regulations) of City Code relating to the processing of temporary use permits, allowing temporary uses as permitted secondary uses in certain zones, and reducing the amount of the application fee for a temporary use permit. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE AND SUMMARY ORDINANCE FOR SECOND AND FINAL READING ON 11/13/95. CARRIED. The following ordinance was presented for second and final reading (Councilmember Corman excused himself from participating in this matter due to the potential for the appearance of conflict of interest): Ordinance #4554 An ordinance was read annexing approximately 403 acres located east of the Annexation: Burnstead, SE City limits and north and south of SE 128th Street (Burnstead Annexation; 128th St to 156th Ave SE File No. A-94-001). MOVED BY EDWARDS, SECONDED BY KEOLKER- WHEELER, COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. CARRIED. The publication of the ordinance will be postponed pending settlement of the relevant lawsuit. Councilman Corman returned to the Chambers. November 6, 1995 "` Renton City Council Minutes Page 414 Planning & Development Planning and Development Committee Chair Stredicke presented a report Committee regarding temporary use permits. The Committee reviewed the amended Building: Temporary Use language to the temporary use permit ordinance. Those amendments are: Permit Process 1) include a separate section on the appeal process so that appeals on decisions to approve or deny the temporary use permit and on revocations will be made to the Hearing Examiner, with appeals of the Hearing Examiner's decision to be made to the City Council; and 2) require sites to be posted with a sign that displays information about the proposed temporary use, with the date of the decision and the appeal period clearly marked. The installation of the sign will be the responsibility of the applicant and the sign shall be posted by the time of the decision. The Committee recommended that these changes be made to the ordinance and that the ordinance as amended be placed on the agenda for first reading. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT.* Correspondence was read from Elizabeth J. Warman, Manager, Local Government Relations for The Boeing Company, PO Box 3707, Seattle, 98124, expressing Boeing's support of the proposed changes to the temporary use permit ordinance. Jana Huerter, Principal Planner, displayed a mock-up of the type of sign that will be installed on all potential temporary use permit locations for public information. Responding to Councilman Stredicke, Ms. Huerter explained that after a decision was made to grant a permit, the sign would be posted and the appeal period would begin. Councilman Tanner expressed concern with the vague language contained in section 7.b. of the ordinance, which states that "The Planning/Building/Public Works Administrator or designee may approve a Temporary Use Permit for up to one year for temporary sales or rental offices in subdivisions, multi-family or non-residential projects, or other longer term uses." Mr. Tanner said failing to specify these "other longer term uses" would inappropriately leave such approvals up to the judgment of one staff member. *Moved by Tanner, seconded by Corman, Council amend the committee report to strike the words "or other longer term uses" from section 7.b. of the temporary use permit ordinance.** Ms. Huerter gave several examples of what might constitute a longer term use, such as the temporary building erected by South End Auto Wrecking last year following the fire that destroyed their permanent building. Other examples would be office trailers in a zone that would otherwise not allow them, or a temporary storage yard for a utility project. Councilman Tanner noted that if these examples can be described verbally in this setting, they can also be set out in writing in the ordinance. Ms. Huerter added that language contained in paragraph 10 of the ordinance provides that if a temporary use is determined at any time to be a nuisance, the permit could be revoked. Councilman Edwards opposed the amendment, saying that the ordinance should have some flexibility and it is probably not possible to anticipate and specify all the longer term temporary uses that would be appropriate. Council President Schlitzer agreed, saying that the appeal process and the ability to revoke permits, together constitute an adequate safety net for the protection of adjacent areas. Mr. Tanner replied that having observed the City's appeal process in action, he was not reassured by it. November 6. 1995 vr.+ Renton City Council Minutes ..� Page 415 **Roll call on motion to amend the committee report: Three ayes (Tanner, Stredicke, Corman); four nays (Schlitzer, Keolker-Wheeler, Nelson, Edwards). Failed. MAIN MOTION TO APPROVE THE COMMITTEE REPORT AS PRESENTED CARRIED. (See page 419 for ordinance.) Councilman Edwards asked that the ordinance be amended prior to second and final reading per the committee report; specifically, that it state appeals of Hearing Examiner decisions on temporary use permits will be made to the City Council. Citizen Comment: Evans - Ralph Evans, 3306 NE 11 th Pl., Renton, 98056, stated his support for Referendum 48; Campaign Referendum 48 (aka Initiative 164, regarding property rights/takings), saying Signs that government taking of private property rights must be limited. He explained that many elderly people are concerned about increasing property taxes, and yet they are now prohibited from logging, subdividing or otherwise using land that was purchased by them as an investment or as a hedge against inflation. On another subject, Mr. Evans suggested that campaign workers make a concerted effort following election day to pick up signs placed around the City. Citizen Comment: Gough Steve Gough, 16939 SE 149th, Renton, 98059, asked for a change in the City's - Home Occupation home occupation ordinance so he can purchase a single family home in Requirements Renton in which to operate his business. Responding to Council inquiry, Planning/Building/Public Works Administrator Gregg Zimmerman explained that Mr. Gough does not intend to live in the home, but the City's ordinance clearly states that the property on which a home occupation business is located must be the primary residence of the business owner. Citizen Comment: Buford Tammy Buford, 8535 S. 123rd Pl., Seattle, 98178, presented a petition with 99 et al - Taylor Ave signatures requesting that the City install a stop sign and a pedestrian NW/Stevens Ave NW Stop crosswalk at Taylor Ave. NW and Stevens Ave. NW. Explaining that a two- Sign Request year old died last week after being hit by a car while crossing this intersection with her mother, Ms. Buford said residents have long been concerned with the increasing traffic and high speeds in this area. The petition also asks that King County install a stop sign and flashing lights on 87th Ave. S. north of S. 124th St. as well as a stop sign further north on 87th Ave. north of S. 118th St., in addition to repainting the pedestrian crosswalks at these intersections. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THIS MATTER TO THE TRANSPORTATION COMMITTEE AND THE ADMINISTRATION. CARRIED. Councilman Tanner asked that the Administration also direct the Police Department to provide speeding patrol emphasis in this area. Citizen Comment: Laura O'Donnell, 620 Stevens Ave. NW, Renton, 98055, concurred with Ms. O'Donnell - Taylor Ave Bufurd regarding the volume and speed of cars in the area of Taylor and NW/Stevens Ave NW Stop Stevens Ave. NW. Saying this is a joint problem of Renton and King County Sign Request because Stevens Ave. NW turns into 87th Ave. S. just beyond Taylor Ave., she encouraged both jurisdictions to work together to resolve this problem in the interest of resident safety. Ms. O'Donnell noted that many residents must APPROVED BY CITY COUNCIL Date l(- - �� PLANNING AND DEVELOPMENT COMMITTEE COMMITTEE REPORT NOVEMBER 6, 1995 TEMPORARY USE PERMIT (Referred July 17, 1995) The Planning and Development Committee reviewed the amended language to the temporary use permit ordinance. Those amendments are: 1) include a separate section on the appeal process so that appeals on decisions to approve or deny the temporary use permit and on revocations will be made to the Hearing Examiner, with appeals of the Hearing Examiner's decision to be made to the City Council, and 2) require sites to be posted with a sign that displays information about the proposed temporary use, with date of decision and appeal period clearly marked. The installation of the sign will be the responsibility of the applicant and the sign shall be posted by the time of the decision. The Committee recommends that these changes be made to the ordinance and that the ordinance as amended by placed on the agenda for first reading. Richard Stredicke, hair -eat atrele.‘,". - tiu Kathy K olker-Wheeler, Vice-Chair R ndy Corma , ember cc: Gregg Zimmerman Jim Hanson Jim Chandler Laureen Nicolay Jana Huerter FROM :CORP GOVT AFFAIRS 206 277 4455 199E 1-06 16:37 #516 P.02/03 The Boeing Company 'ire P.O.Box 3707 Seattle,WA 98124-2207 November 6, 1995 Earl Clymer, Mayor City of Renton Municipal Building 200 Mill Ave. South BOE//VG Renton, WA 98055 Dear Mayor Clymer Thank you for the opportunity to express our support of an amendment to Subsection 4-31-19 E of Chapter 31, Zoning Code, of Title IV (Building Regulation), of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington." Based on our preliminary review of the amendment and our discussions with your department last week we would like to offer support of the proposed amendment, specifically the following portions: 4-31-19.E: Temporary Use. 1. Purpose. A Temporary Use Permit allows a use or structure on a short term basis. Such uses or structures may be allowed subject to modified development standards which would not be appropriate for permanent uses in zoning designation. 2. Permitted Temporary Uses. c. Contractor's office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. Adoption of this ordinance would benefit The Boeing Company; whereas without this proposed ordinance, Boeing would not be allowed to have temporary buildings in commercial business office zones. FROM :CORP GOUT RFFRIRS 206 277 4455 199E -06 16:37 #516 P.O3/O3 Please contact me at 544-0182 if you have any questions about these comments. Thank you for your consideration. Sincerely, Y� Elizabeth J. Warman, Manager Local Government Relations Puget Sound cc: City of Renton Council Members Jana Heurter "November 6, 1995 `""` Renton City Council Minutes Page 413 disturbance. Mr. Zimmerman agreed to check with the consultant on this issue. AUDIENCE COMMENT Chuck Rogert, 1633 S. Eagle Ridge Dr., Renton, 98056, noted that Castle Citizen Comment: Rogert Rock has been in business for five months now, and consequently the well- - Castle Rock Restaurant being of nearby residents is in danger as they continue to lose sleep. Saying & Lounge that an apparent gun shot was fired on October 28th, Mr. Rogert emphasized the gravity of this situation given its occurrence adjacent to residential homes. He felt that Castle Rock does not belong in its current location and said this business is obviously different from the previous Elks use as no Elks event or gathering ever prompted the kind of disturbance that occurred on October 28th. Citizen Comment: LaKous Ed LaKous, 1633 S. Eagle Ridge Dr., Renton, 98056, aired a videotape of - Castle Rock Restaurant Castle Rock parking lot activities he filmed from his balcony about three & Lounge weeks ago. The tape illustrated the loud, piercing noise of a car alarm that sounded for several minutes. Mr. LaKous noted that even though Castle Rock management recently installed signs in its parking lot warning patrons not to play car radios, park illegally, or allow car alarms to sound, these actions are continuing. Citizen Comment: Russell Chuck Russell, PO Box 59433, Renton, 98058, noted that according to the - Castle Rock Restaurant noise report prepared for the City, Eagle Ridge residents have been subjected & Lounge to loud sounds of patrons yelling and of car stereos, alarms and horns sounding, among other noises. He felt that Castle Rock management was showing extreme disrespect for the City and Eagle Ridge residents alike. Responding to Mr. Russell, Mr. Zimmerman said to the City's knowledge, Castle Rock has not yet responded to the demand that it either submit a plan for replacing vegetation that was removed without a permit, or obtain the required permit. Citizen Comment: Malcolm Thomson, 20300 - 131st P1. SE, Kent, 98058, vice president for Thomson - '95 Council Local 21-R, thanked the Council and mayoral candidates for meeting with the and Mayoral Candidates union to share their views. He looked forward to working with the Council and the Administration in the new year. Citizen Comment: Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, entered a letter into - Temporary Use Permit the record from herself and Versie Vaupel, PO Box 755, Renton, 98057, Ordinance regarding the proposed changes to the temporary use permit ordinance. The letter said some limitations or restrictions are needed regarding the types of uses that can locate on vacant lots next to residential housing. It suggested that uses with significant impacts be differentiated from smaller uses, and that the larger uses be required to pay more than a $100 fee for a temporary use permit. The letter also said that: time periods for most temporary uses are too extensive; temporary parking lots should not be allowed to impact residences or small businesses; and the Hearing Examiner should be responsible for decisions on uses having larger impacts so the public would be assured adequate notice. MOVED BY STREDICKE, SECONDED BY CORMAN, COUNCIL SUSPEND THE REGULAR ORDER OF BUSINESS AND ADVANCE TO THE PLANNING AND DEVELOPMENT COMMITTEE REPORT ON THIS ISSUE. CARRIED. I/- 6 - es To: Renton City Council 11/6/95 From: Marjorie J. Richter and Versie Vaupel Re: Temporary Use Permit Ordinance One of our chief criticisms of the Temporary Use Permit Ordinance was that there are seemingly no restrictions as to what can be put on vacant lots next to or adjacent to single family housing or family housing of any type. If the Council members had ever been subjected to some of the noisy, dirty, polluting uses that we have in our area, you would quickly change the proposed ordinance. We are aware that right now you are not threatened by empty lots near you; some of you live on isolated lots or areas, but who knows, that may not be forever so especially if you intend to grow old and need flat areas that later have empty lots near you. At the very least, there should be limits on what kinds of temporary uses can be next to or adjacent to residences. That is one of the reasons we have been urging that uses with significant impacts be separated from the insignificant or smaller uses. Likewise, we have been asking that the $100 fee not be used for all permits--for instance, a Christmas tree sale yard versus a large staging area with large dirt piles, rocks, tall cranes, cars, buses, trucks, bulldozers, loaders, tankers or other impacting uses. Also, $100 won't even cover staff time for issuing the permit, nor would it even be close to covering cleanup if the temporary user left town overnight without adequate damage deposit. Time limits on temporary uses are too long in most cases, depending on locations, and certainly temporary parking lots should not be allowed where residences and small businesses have to look at or be impacted by their looks, traffic, noise, fumes, etc. We have also felt that the Hearing Examiner should be making decisions on larger, impacting uses, where the public would be assured of adequate public notice and/or hearings. Surely one staff member should not be the one to take that responsibility. We think Council members need to keep in mind what they want their community and town to look like--other than a ratty bunch of supposedly temporary uses around town. As we said, the Council members' residences may be protected now but maybe not forever as well as your offspring. Think of the future and of other people. I wish we had some kinder words to say about the ordinance, but obviously the staff and attorney who put this ordinance together has never experienced the messes we have had to put up with over the years. We and others have worked hard on our community to keep it clean and orderly; one would think we would be commended and not condemned to more gross uses. Marjo ' J. Richt Versie Vaupel 300 Meadow Avenue N, Renton P. O. Box 755, Renton 98057 CITY OF RENTON Planning / Building / Public Works MEMORANDUM DATE: August 02, 1995 TO: Richard Stredicke, Chair Planning & Development Committee VIA: Mayor Clymer CITY OF RENTON FROM: Gregg A. Zimmerman, P/B/PW Administrator CONTACT Jana Huerter/Development Services SUBJECT: Temporary Use Permit At the July 17th Council meeting the Council referred the matter of the Temporary Use Permit back to the Planning and Development Committee for further consideration. Based on the discussions from the Council meeting, staff has prepared three scenarios for administering the Temporary Use Permit. One scenario is to amend the draft ordinance with additional language to clarify the appeal process within the Revocation section and to provide language that allows the Council to intercede in the appeal process for either the decision to approve or deny the permit or on appeal of the revocation decision. The second scenario would restructure the ordinance as it's drafted, to require approval, appeal and/or revocation of any temporary use permit through the City Council. And the third scenario would amend the draft ordinance so that the City Council decides on the revocations. The following outlines the three scenarios: Scenario #1 -Amend Ordinance. Process: The approval of temporary use permits would be handled by the P/B/PW Administrator or designee. The entire approval process will take approximately two weeks which would include a 10 day appeal period (more time may be necessary for contentious projects). The ordinance would give the administrator, or designee, the power to revoke the permit upon 10 days written notice or immediately in the event an emergency exists. Appeals of the decision to allow or deny a temporary use permit would go to the Hearing Examiner. Per a request by the City Council, language will be added to clarify the revocation process allowing anyone the opportunity to appeal a revocation decision. An appeal on a revocation decision would be heard by the Hearing Examiner. Another proposed amendment would be to give the City Council the ability to hear appeals of either the decision to approve or deny the temporary use permits or the revocation decisions. The ordinance would allow the City Council to circumvent the Hearing Examiner and hear the appeals directly. With this as an option, the City Council could decide whether an appeal warrants more immediate attention rather than going through the normal appeal process beginning with the Hearing Examiner. TO: Planning & Developme 'ommittee ' RE: Temporary Use Permit y"" — Page-2- Scenario #2 -Revised Ordinance -Authorized and Administered by the City Council Process: Approvals, appeals and revocations of the temporary use permits would be handled entirely by the City Council. The approval process alone would typically take 8-10 weeks to process depending on the Council's meeting schedule. An appeal on the decision to approve or deny a temporary use permit would be made to the Superior Court. The revocation process could take 7-9 weeks to process due to the procedures necessary for Council Action (see attached schedule). Scenario #3 -Revised Ordinance -City Council Decides On Revocation of Permits Process: The administration of the temporary use permits would remain as drafted in the proposed ordinance, however, the authority to decide on a revocation of a permit would be made by the City Council. This process could take 2-3 months rather than the 10 days as described in the draft ordinance. Also, appeals of the revocation action would have to be made to the court rather than the Hearing Examiner. This will add a substantial amount of time and cost to those appealing revocation decisions. Staff Recommendation Staff recommends Scenario #1 which provides the City Council with the opportunity to become involved at an earlier stage, yet keeps the general process at an administrative level. TUPMM.DOC SCENARIO #2 APPROVAL, APPEAL, AND REVOCATION PROCESS 8-10 WEEKS STEP# PROCESS # OF WEEKS 1 Submit application to P/B/PW Department 1 2 Prepare agenda bill 1 3 Schedule agenda bill for council meeting 1 4 Refer from Council to Committee 1 5 Schedule on Committee agenda and send 2-4 out notifications to parties of record 6 Refer out of Committee 1 7 Report to Council for action 1 TOTAL 8-10 SCENARIO #3 REVOCATION PROCESS 7-9 WEEKS STEP# PROCESS # OF WEEKS 1 Submit application to City Clerk 1 2 Schedule on Council agenda 1 3 Refer to Council Committee 1 4 Schedule on Committee Agenda and send 2-4 out notifications to parties of record 5 Discuss at Committee meeting 1 6 Report out of Committee to Council and 1 render a decision TOTAL 7-9 WEEKS July 24. 1995 .,.,.Renton City Council Minutes r..0 Pane 300 said refuse and debris in the City's gutters reflect a lack of civic pride in the community. He also commented on the danger of sidewalk and curb disrepair, citing safety concerns. Regarding Tonkins Park, Mr. Doyle said the drinking fountain does not work and the park's landscaping has eroded to the point of embarrassment. He urged Council to attend to this matter immediately. Mr. Doyle concluded that the downtown property recently • purchased by the City from Good Chevrolet should be developed into a multi- level parking garage with ground-level retail shopping and restaurants. Councilmember Nelson explained that the stage under construction at Tonkins Park is being accomplished with donations, and the person in charge is volunteering his time. Progress is being made, albeit slowly, and when the project is completed, it will be beautiful. Councilman Tanner clarified for Mr. Doyle that none of the buildings owned by Good Chevrolet were sold to the City. Citizen Comment: Beverly Franklin, PO Box 685, Renton, 98057, commented on the proposed Franklin - Temporary Use temporary use permit ordinance, describing problems experienced with truck Permit Ordinance sales, rentals and parking lots, among other uses, and emphasizing that these illegal uses are occurring in her single family neighborhood. She was concerned that the ordinance does not mention setback requirements or specify what type of structures could be built, and felt that, overall, the ordinance language is too vague. She encouraged Council to strive to make this permitting process neighborhood-friendly, and at the least include an opportunity to revocate any nuisance permit. Councilman Stredicke announced that the Planning & Development Committee will meet to discuss this subject on August 2nd. Citizen Comment: Halinen David Halinen, 10500 NE 8th St., Suite 1900, Bellevue, 98004, submitted a - NE 4th/Union Ave NE letter regarding the Ribera-Balko Family Limited Partnership's ten-acre parcel Site Plan (Bakke), R-88- on the south side of NE 4th St. that was the subject of an application for a 107 rezone and site plan approval in 1988 (File No. R-88-107). Noting that this property was never developed, the letter requested that Council vacate the rezone as well as the corresponding site plan approval, and release the restrictive covenant recorded in conjunction therewith. MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING & DEVELOPMENT COMMITTEE. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. CAG: 95-072, 1995 Steel City Clerk reported bid opening on 7/19/95 for CAG-95-072, 1995 Steel Water Main Replacement Water Main Replacement project; four bids; engineer's estimate $337,745.22; Project, Debco Const. and submitted staff recommendation to award the contract to the low bidder, Debco Construction, Inc., in the total amount of $298,157.54. Council concur. Court Case: CRT-95-006, Court Case in an undetermined amount filed by Michael R. Caryl, 720 Olive Lu v. Renton Way, Seattle, 98101, on behalf of Young and Tommy Lu, regarding alleged personal injuries received by Young Lu at Renton's Liberty Park on 7/24/92 (CRT-95-006). Refer to City Attorney and Insurance Services. Annexation: Holman, SE Planning & Technical Services Division requested a public hearing be set for 2nd PI/Heather Downs 8/14/95 on the Holman 60% annexation petition and concurrent zoning to R-8; the annexation area is comprised of three parcels located along SE 2nd P1. in the Heather Downs neighborhood. Council concur. 7_ qs_ Here are some major points you would hopefully consider before adopting the final version that is before the Council tonight. 1. Surely there is no reason why the lesser uses shouldn't be segregated from larger or grosser uses. 2. Surely you should have no resistance to charging lesser permit fees for the smaller uses and more for the larger uses. The proposed fee structure wouldn't even pay for staff time. Again, we would have taxpayers subsidizing commercial uses. 3. Surely you wouldn't want to live next door or across the alley or across the street from such uses as parking lots full of cars, buses, trucks, trailers, vans, bull- dozers, scrapers, steamrollers, cranes, frontend loaders, tankers or other such vehicles - and equipment. This use could last up to two years, and as happened in the past, special uses have continued on and on without city oversight or enforcement. 4. Surely you should have no resistance to allowing the Hearing Examiner to make decisions on the larger projects instead of the development staff where there is a much less public process. 5. Surely you wouldn't want a sole staff member (sub-paragraph f) to be author- ized to add possibly all kinds of temporary uses as one person sees fit. 6. Surely you wouldn't want to pass this ordinance without establishing and spell- ing out the review and appeal process and without expanding the notification process to the public, not just to those immediately adjacent to the project. 7. Surely you wouldn't want the permit fee waived for large uses for "public service activities and non-profit organizations," since neither you nor the public know the definition or interpretation of what "public service" activities are. 8. Surely you aren't naive enough to think that he abatement or enforcement process if needed would be covered by the mere $100 fee, especially remembering that only one hour of city attorney's time costs. more than that $100 fee. Thus, surely you should realize that larger uses require a mandatory bond or large security bond. Please reconsider the ordinance and consider the residential viewpoint not just the industrial and commercial users. 46C) —cam Versie Vaupel j'ECElVED �L! 1 7 ,A-'ON C �"Y COU 1995iVC, July 17. 1995 ✓''Renton City Council Minutes Paae 291 Resolution #3138 A resolution was read setting 8/21/95 as a hearing date for vacating a portion Vacation: Maplewood PI of Maplewood Pl. SE from SR-169 to SE 6th St. (Humble/VAC-95-004). SE (Humble/VAC-95-004) MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3139 A resolution was read setting 8/21/95 as a hearing date for vacating a portion Vacation: Lake Ave S of Lake Ave S. from S. 2nd St. to S. 3rd St. (Tonkin, Safeway et al./VAC-95- (Tonkin, Safeway et. 001). MOVED BY EDWARDS, SECONDED BY SCHLITZER, COUNCIL al/VAC-95-001) ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3140 A resolution was read adopting trench restoration and street overlay Transportation: Trench requirements. MOVED BY EDWARDS, SECONDED BY NELSON, Restoration and Street COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Overlay Standards The following ordinances were presented for first reading and referred to the Council meeting of 07/24/95 for second reading: Building: Temporary Use An ordinance and summary ordinance were read amending Chapter 31, Permit Ordinance Zoning Code, of Title IV (Building Regulations) and amending subsection 5- 5-1.A of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) of City Code relating to the processing of temporary use permits, allowing temporary uses as permitted secondary uses in certain zones, and decreasing the amount of the application fee for a temporary permit. MOVED BY KEOLKER-WHEELER, SECONDED BY STREDICKE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 07/24/95. Noting that last week, Council had directed that language be added to the ordinance allowing for a temporary use permit to be revoked with cause, Mr. Edwards expressed his dissatisfaction with the new language. Although it would allow revocation, such action would be at the discretion of the Planning/Building/Public Works Administrator and completely removed from Council's purview. MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL TABLE ACTION ON THIS ITEM FOR ONE WEEK. CARRIED.* Councilmember Keolker-Wheeler cautioned against politicizing this process, saying that as an administrative process it should be up to the Administration to revoke a permit if there is non-compliance with the conditions. Councilman Corman suggested that, in addition to giving the party whose permit may be revoked an opportunity to appeal this decision to the Hearing Examiner, the ordinance also provide an appeal opportunity to a party whose request that a permit be revoked was denied. Mayor Clymer agreed with Mrs. Keolker-Wheeler that the question is one of administrative duties vs. the Council's policy-making function. Councilman Edwards explained his concern that although such permits can be construed as land use decisions, under the current drafting of the ordinance Council would have no authority to revoke them. *MOVED BY STREDICKE, SECONDED BY EDWARDS, COUNCIL REMOVE THIS ITEM FROM THE TABLE. CARRIED. July 17. 1995 Renton City Council Minutes Page 292 MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL REFER THE PROPOSED TEMPORARY USE PERMIT ORDINANCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. Building: Adoption of An ordinance and summary ordinance were read amending portions of 1994 Uniform Codes Chapter 5 (Dangerous Building Code), Chapter 21 (Smoke Detectors), Chapter (Building/Housing/Mecha 24, Uniform Building Code, Chapter 26, Uniform Housing Code, and Chapter nical) 27, Uniform Mechanical Code, of Title IV (Building Regulations) of City Code by adopting the 1994 editions of the Uniform Building Code, Uniform Plumbing Code, Uniform Housing Code, and Uniform Mechanical Code by reference. MOVED BY SCHLITZER, SECONDED BY KEOLKER- WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 07/24/95. CARRIED. Fire: 1994 Uniform Fire An ordinance and summary ordinance were read amending Chapter 1, Code Adoption Uniform Fire Code, of Title VII (Fire Regulations) of City Code relating to adoption of the 1994 Uniform Fire Code by reference and amendments thereto. MOVED BY TANNER, SECONDED BY STREDICKE, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 07/24/95. CARRIED. The following ordinances were presented for first reading and advanced to second and final reading: Comprehensive Plan: 1995 An ordinance was read amending the land use designation of two parcels of Amendments (Lake Wash land (1700 Lake Wash. Blvd. and SW Grady Way) in the Comprehensive Plan. Blvd/Grady Way) (Requested Comprehensive Plan change which precedes rezone action implemented by City Ord. Nos. 4543 and 4544). MOVED BY STREDICKE, SECONDED BY SCHLITZER, COUNCIL ADVANCE THE ORDINANCE TO SECOND AND FINAL READING. CARRIED. Ordinance #4542 Following second and final reading of the above-referenced ordinance, it was Comprehensive Plan: 1995 MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, Amendments (Lake Wash COUNCIL ADOPT THE ORDINANCE AS PRESENTED. ROLL CALL: Blvd/Grady Way) SIX AYES (SCHLITZER, CORMAN, EDWARDS, NELSON, KEOLKER- WHEELER, TANNER); ONE NAY (STREDICKE). CARRIED. Rezone: 1700 Lake An ordinance was read changing the zoning classification of property located Washington Blvd at approximately 1700 Lake Wash. Blvd. N. from R-8 (Residential/8 dwelling (Buck/Evans, LUA-95- units per acre) to RM-I (Residential Multifamily Infill) (Buck/Evans Rezone; 048) File No. LUA-95-048). MOVED BY SCHLITZER. SECONDED BY EDWARDS, COUNCIL ADVANCE THE ORDINANCE TO SECOND AND FINAL READING. CARRIED. Ordinance #4543 Following second and final reading of the above-referenced ordinance, it was Rezone: 1700 Lake MOVED BY EDWARDS, SECONDED BY STREDICKE, COUNCIL ADOPT Washington Blvd THE ORDINANCE AS PRESENTED. ROLL CALL: ALL AYES. (Buck/Evans, LUA-95- CARRIED. 048) Rezone: SW Grady Way An ordinance was read changing the zoning classification of property at SW between Seneca/Raymond Grady Way and Raymond Ave. from MIP (Medium/Industrial Park) to CA Ayes (Penta (Commercial Arterial) (Penta Group/Renton West, Inc.; File No. LUA-95- Group/Renton West, 051). MOVED BY KEOLKER-WHEELER, SECONDED BY NELSON, LUA-95-051) COUNCIL ADVANCE THE ORDINANCE TO SECOND AND FINAL READING. CARRIED. • TEMPORARY USE PERMIT The Temporary Use Permit is intended to provide a simple, less time consuming process for temporary uses such as Christmas tree lots, construction and real estate trailers, etc. The permits will be reviewed and decided upon administratively replacing the current process which requires a public hearing before the Hearing Examiner. As drafted, the ordinance sets criteria for approval that considers the public health and safety. Additional conditions may be imposed in order to ensure land use compatibility and to reduce impacts on adjacent properties. The Planning/Building/Public Works Department recommends Council approve the proposed ordinance for temporary uses. In addition, Staff recommends that Council repeal Section 4-31- 19E of the Municipal Code which currently addresses temporary uses, amend Section 5-1-1.A, Fee Schedule, to reflect an application fee of $100.00 replacing the current fee of$1,000.00; and amend the Zoning Code to list Temporary Uses under the Secondary Uses section of each of the following zones: 4-31-4-1.B.2.f; 4-31-4-2.6.2.g; 4-31-5.B.2.f; 4-31-6.B.2.f; 4-31- 7.B.2.e; 4-31-8.B.2.d; 4-31-9.B.5.b; 4-31-10.1.B.2.q; 4-31-10.2.B.2.p; 4-31-10.3.B.2.o; 4- 31-10.4.B.2.1; 4-31-10.5.6.2.g; 4-31-11.1.B.2.h; 4-31-11.2.B.2.j; 4-31-12.B.2.g; 4-31- 13.B.2.d; 4-31-16.B.2.o; and 4-31-25.1.B.2.d. The new language shall allow Temporary Uses as secondary use subject to the provisions of the Temporary Use Ordinance, Section 4-31-19E of the Renton Municipal Code. Noy CITY OF RENTON, WASHINGTON SUMMARY OF ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 31, ZONING CODE, OF TITLE IV (BUILDING REGULATIONS) , AND AMENDING SUBSECTION 5-5-1.A OF CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO THE PROCESSING OF TEMPORARY USE PERMITS, ALLOWING TEMPORARY USES AS PERMITTED SECONDARY USES IN CERTAIN ZONES, AND DECREASING THE AMOUNT OF THE APPLICATION FEE FOR A TEMPORARY PERMIT. The following is a summary of this ordinance: SECTION I. This ordinance establishes the purpose for temporary use permits, defines the uses permitted by a temporary use permit, establishes the requirements for an application and the application process for a temporary use permit, and establishes the decision criteria in granting a temporary use permit. The ordinance also authorizes the imposition of conditions on approval and establishes a time limitation for the permit, removal of the use, and abatement if necessary. The ordinance also adds temporary uses as secondary uses in a number of City zones . Finally, the ordinance establishes the fee for a temporary permit at $100 . 00 . SECTION II. A full text of this ordinance will be mailed, without charge, upon request to the City Clerk. Date of Publication: ORD.450 : 4/17/95 :as . CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 31, ZONING CODE, OF TITLE IV (BUILDING REGULATIONS) , AND AMENDING SUBSECTION 5-5-1.A OF CHAPTER 1, FEE SCHEDULE, OF TITLE V (FINANCE AND BUSINESS REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" RELATING TO THE PROCESSING OF TEMPORARY USE PERMITS, ALLOWING TEMPORARY USES AS PERMITTED SECONDARY USES IN CERTAIN ZONES, AND DECREASING THE AMOUNT OF THE APPLICATION FEE FOR A TEMPORARY PERMIT. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Subsection 4-31-19 .E of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : 4-31-19.E: Temporary Use. 1 . Purpose. A Temporary Use Permit allows a use or structure on a short- term basis . Such uses or structures may be allowed subject to modified development standards which would not be appropriate for permanent uses in the zoning designation. 2 . Permitted Temporary Uses . a. Occupancy of a temporary structure (existing home, mobile home or travel trailer with adequate water and sewer/septic service) on the same lot while a residential building is being constructed or while a damaged residential building is being repaired, and when a valid residential building permit is in force. The permit may be granted for up to 180 'ORDINANCE NO. �•+ days, or upon expiration of the building permit, whichever first occurs. b. Model homes and trailers used for the purpose of real estate sales and/or rental information, located within the subdivision or residential development to which they pertain. c. Contractor ' s office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. d. Circuses, carnivals, fairs, or similar transient amusement or recreational activities . e. Temporary parking lots/areas . f. The Planning/Building/Public Works Administrator or designee may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in keeping with the intent and purpose of this section. 3. Application Requirements . Application requirements are specified by the Planning/Building/Public Works Department in the document entitled: "Submittal Requirements for Temporary Use Permit Application. " Temporary Use Permit applications on private property shall include a letter from the owner of the subject property granting permission for the temporary usg.ge on the property. The Administrator may waive specific application requirements determined to be unnecessary for review of an application. The Administrator may waive the permit application fee for public service activities and non-profit organizations . 2 ORDINANCE NO. 101100 4 . Application Process. The Planning/Building/Public Works Administrator or designee shall, in consultation with appropriate city departments, review and decide upon each application for a Temporary Use Permit. The Administrator or designee may approve, modify, or condition an application for a Temporary Use Permit. Within ten ( 10) days of approval or denial of a temporary use permit, the applicant, or other aggrieved party, may file an appeal to the Hearing Examiner. 5. Decision Criteria. The Planning/Building/Public Works Administrator or designee may approve, modify, or condition an application for a Temporary Use Permit, based on consideration of the following factors: a. The Temporary Use will not be materially detrimental to the public heath, safety, or welfare, nor injurious to property or improvements in the vicinity of the Temporary Use; b. Adequate parking facilities and vehicle ingress and egress are provided to serve the Temporary Use and any existing uses on the site; c. Hours of operation of the Temporary Use are specified, and would not adversely impact surrounding uses; d. The Temporary Use will not cause nuisance factors such as noise, light, or glare which adversely impacts surrounding uses; e. If applicable, the applicant has obtained the required right-of way use permit; 3 ORDINANCE NO. "r f. The Temporary Permit may initiate permits and inspections from both Fire Prevention and/or Development Services Division to insure that the temporary use is in compliance with Fire/Building codes . 6 . Conditions of Approval. a. The Planning/Building/Public Works Administrator or designee may establish conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses . These include but are not limited to, requiring that notice be given to adjacent property owners prior to approval, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses . b. Each site occupied by a temporary use shall have access to or provide for restroom facilities (may be a temporary facility) , electrical hookups, and garbage disposal . 7 . Time Limitation. a. Except as specified below in subsection B, a Temporary Use Permit is valid for up to 90 calendar days from the effective date of the permit, unless the Planning/Building/Public Works Administrator or designee establishes a shorter time frame. b. The Planning/Building/Public Works Administrator or designee may approve a Temporary Use Permit for up to one year for temporary sales or rental offices in subdivisions, multifamily or non-residential projects or other longer term uses . 4 ikime ORDINANCE NO. ► c. A maximum of one, ones year extension may be granted for uses referred to in "b" above. 8 . Removal of Temporary Use. Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use. 9 . Abatement of Temporary Use. Prior to the approval of a Temporary Use Permit, the applicant shall submit to the Planning/Building/Public Works Administrator or designee, an irrevocable, signed and notarized statement granting the City permission to summarily abate the Temporary Use, and all physical evidence of that use, if it has not been removed as required by the terms of the Permit. The statement shall also indicate that the applicant will reimburse the City for any expenses incurred in abating a Temporary Use under the authority of this section. 10. Security. The Planning/Building/Public Works Administrator or designee may require security in conformance with Chapter 12, section 9- 12-8,V, 3 to assure compliance with the provisions of the Temporary Use Permit as approved. The amount of the security will be determined by the Planning/Building/Public Works Administrator or designee, but in no case shall it be less than $1, 000.00. The security may be used by the City to abate the use and/or facilities . 5 „,,ORDINANCE NO. 11 . Penalties . Unless otherwise specified, penalties for any violations of any of the provisions of this Code shall be in accord with Chapter 33 of Title IV. SECTION II. There is hereby created the following subsections : 4-31-4 . 1 B.2 .f, 4-31-4 .2 .B.2 .g, 4-31-5 .B. 2 .f, 4-31- 6 .B.2 .f, 4-31-7 .B. 2 . e, 4-31-8 .B. 2 .d, 4-31-9 .B.5 .b, 4-31- 10 . 1 .B.2 .q, 4-31-10 .2 .B. 2 .p, 4-31-10 . 3 .B.2 .o, 4-31-10 .4 .B. 2 . 1, 4- 31-10 .5 .B.2 .g, 4-31-11 . 1 .B.2 . i, 4-31-11 . 2 .B. 2 . j , 4-31-12 .B.2 .g, 4-31-13 .B.2 .d, 4-31-16 .B.2 .o and 4-31-25 . 1 .B.2 .d of Chapter 31, Zoning Code, of Title IV (Building Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington, ” which will read as follows : Temporary Use, as defined in section •4-31-19 .E. SECTION III . Subsection 5-1-1 .A.2 .b of Chapter 1, Fee Schedule, of Title V (Finance and Business Regulations) , of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows : 5-1-1.A.2.b: Temporary Permit $100 . 00 . SECTION IV. This Ordinance shall be effective upon its passage, approval, and thirty days after its publication. PASSED BY THE CITY COUNCIL this day of , 1995 . Marilyn J. Petersen, City Clerk 6 ORDINANCE NO. '+ ' APPROVED BY THE MAYOR this ;day of 1995. Earl Clymer, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.448:5/10/95:as . 7 July 10, 1995 ,,r,:Renton City Council Minutes Page 274 Audience comment was invited. Versie Vaupel, P.O. Box 755, Renton, 98057, said the increase in maximum density for the R-8 zone from 8.0 to 9.7 units per acre should not apply to infill lots, which would impact already established neighborhoods, but instead should apply only to new development. She suggested that if one-half acre lots are to be restricted to four units or less, this specification be clearly put forth in the ordinance language. There being no further public comment, it was MOVED BY NELSON, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (Mr. Kattermann noted that this subject matter will remain in Planning & Development Committee for development of the ordinance.) Building: Temporary Use This being the date set and proper notices having been posted and published Permit Ordinance in accordance with local and State laws, Mayor Clymer opened the public hearing to consider revisions to Renton City Code Section 4-31-19.E regarding temporary use permits, and to Section 5-1-1.A revising the temporary use permit application fee. Jana Huerter, Land Use Review Supervisor, explained that temporary use permits are meant for uses that are short-term in nature. Staff has proposed that these permits be reviewed and decided administratively rather than go before the Hearing Examiner for a public hearing and subsequent approval or disapproval. This change is proposed to streamline the process and the timing of permit approval. Responding to Councilman Tanner, Ms. Huerter said the process would allow for administrative permit extensions of up to one year for temporary sales or rental offices in subdivisions, multi-family or non-residential projects, or other longer-term uses. Audience comment was invited. Bob Sterbank, 1325 Fourth Ave., Suite 1500, Seattle, 98101, requested that Council postpone first reading of the temporary use permit ordinance until all Councilmembers are present. He explained several concerns regarding the proposed changes, primarily that they might provide a special permit procedure that would be used by Bryant Motors. If this is not Council's intent, he asked that it amend paragraph E on page 2 of the ordinance to restrict temporary parking lots and areas to only those temporary uses identified in previous sections A through D. He further suggested adding a paragraph that would exclude authorization of the expansion of existing nonconforming uses. Continuing, Mr. Sterbank urged Council to consider the potential impacts on residential areas if temporary use permits are authorized for 180 days and later extended for one year. He was concerned that although the ordinance language allows provision of notice to interested parties, it does not require this be given. Noting that the ordinance would permit modification of development standards, he questioned which standards could be modified and to what extent. He said the impacts of waiving application requirements cannot yet be known, emphasizing that in any case, SEPA compliance requirements must not be waived. Mr. Sterbank concluded that although temporary uses such as Christmas tree lot sales would be appropriate for administrative approval, other more long-term uses (e.g., occupancy of temporary structures) should continue to go before the Hearing Examiner. July 10, 1995 Renton City Council Minutes ,.,s Page 275 Versie Vaupel, PO Box 755, Renton, 98057, said the public should not have to absorb the cost of staff time relating to permits for non-profit groups and organizations, especially those that are religious in nature. She felt that the proposed public notification to only adjacent property owners was too limited and should be expanded to within 300 feet of the proposed use. She concurred with Mr. Sterbank's suggestion that the ordinance distinguish between smaller-scale temporary uses and larger ones, with the fee reduction from $1,000 to $100 not applying to the larger uses. Sandy Webb, 430 Mill Ave. S., Renton, 98055, noted his agreement with the July 6, 1995 letter to Council from Mr. Sterbank regarding SEPA threshold and environmental determinations. Saying that the City's concurrent scheduling of appeal and comment periods for environmental decisions negates the purpose of the SEPA process, Mr. Webb found the Environmental Review Committee's (ERC) recent correspondence to Council on this issue troubling. He reiterated his earlier suggestion that the City allow for one appeal after the final wording of an ordinance is available rather than when it is still in draft form. Further, several related or similar ordinances could be packaged • together with only one appeal fee required. King Parker, 4601 NE 24th St., Renton, 98056, urged Council to consider the needs and interests of the entire community. He supported the proposed temporary use permitting process and said it would enhance flexibility and streamline the process while making it more sensitive to the needs of residents and businesses. Denny Dochnahl, 2006 Redmond Ave. NE, Renton, 98056, agreed that the temporary use permit process should be streamlined as it seemed to him that many temporary uses do not get permits. He felt that the changes would help in situations where the normal zoning would not allow a certain desired use. Carl Magnuson, 3400 E. Valley Rd., Renton, 98057, owner of South End Auto Wrecking, said the proposed changes to the temporary use permit process were positive and made good business sense. Wayne Jones, PO Box 146, Renton, 98055, said King County has an ordinance for temporary uses similar to that being discussed this evening. Noting, for example, that municipal jobs awarded via a formal bidding process often must begin work within 30 days, he supported the proposed changes as a way to secure quick permit approval. There being no further public comment, it was MOVED BY SCHLITZER, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Councilman Tanner indicated he would support a temporary use permit ordinance for genuine temporary uses if the legislation were so written that it could not be subverted and applied to other than temporary uses. Responding to Councilman Edwards, Ms. Huerter said the proposed ordinance allows for an appeal to be filed with the Hearing Examiner within ten days of permit approval or disapproval. Noting it might not be apparent that a permit has been granted in the initial ten-day period, Mr. Edwards asked if an aggrieved party would have any recourse after ten days. Lawrence J. Warren, City Attorney, said language could be added to the ordinance that would allow the City to revoke a permit for cause (for example, should it prove to be a nuisance). July 10, 1995 Renton City Council Minutes Page 276 MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL POSTPONE FIRST READING OF THE ORDINANCE UNTIL 7/17/95 TO ALLOW FOR INCLUSION OF LANGUAGE REGARDING REVOCATION OF A TEMPORARY USE PERMIT FOR CAUSE. CARRIED. AUDIENCE COMMENT Charles Doyle, 501 S. 5th St., Renton, 98055, declared a potential for Citizen Comment: Doyle - accidents at the Shattuck St. tunnel location, where two-way traffic is Shattuck St Tunnel restricted to a one-lane tunnel. Saying he has witnessed several driver altercations at this location, Mr. Doyle urged Council to address this issue by either widening the tunnel to two lanes or by posting signs encouraging caution and courtesy. Citizen Comment: Webb - Sandy Webb, 430 Mill Ave. S., Renton, 98055, clarified that no one voicing Various Issues concerns earlier this evening regarding the proposed changes to the temporary use permit process opposes such permits. On another subject, Mr. Webb commented on the City's declaration of budget woes and the need for long- term service cuts, noting it plans to spend $11,000 to survey residents on which cuts should be made. He felt that this survey should have preceded various City expenditures relating to the golf course, the recent downtown property purchase and other programs. Mr. Webb also said people should be free to distribute literature that is deemed to be in the public interest in the City's parks, and further suggested that the City hold a candidates forum at the Senior Center for the benefit of non-incumbent candidates who are prohibited from campaigning on the premises of the Senior Center and Houser Terrace. Citizen Comment: Jim Moncrief, 248 Garden Ave. N., Renton, 98055, said as he had predicted, Moncrief - City Finances the City's expenditures are growing faster than its revenues. He urged Council to determine what projects can be put on hold, saying some may be unnecessary, and cautioned against having to raise utility rates for Renton residents in the event of a water shortage, given that the City has agreed to sell water to other jurisdictions in emergency situations. Mr. Moncrief concluded that local newspapers are failing in their duty to watchdog government operations. Citizen Comment: Bob Sterbank, 1325 Fourth Ave., Suite 1500, Seattle, 98101, reiterated that the Sterbank - Temporary Use City should adopt a temporary use permit ordinance that is clean and not Permit Ordinance vague, and that excludes parking for existing uses. He said the City could prevent some appeals of permits by eliminating potential problems in the drafting of the ordinance's language, and agreed with Mrs. Vaupel that adequate notification of temporary use permit applications should be given to properties within 300 feet of the proposed use. Regarding the process of ERC SEPA determination and Council consideration of proposed legislation, Mr. Sterbank suggested that the City direct comment and appeal periods to run separately. This would allow the ERC or Council to take public comment and perhaps modify the legislation in response prior to the commencement of the appeal period. Citizen Comment: Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, cited problems with - N 3rd St Sewer Project the construction of the N. 3rd St. sewer project, including that the contractor has repeatedly started work as early as 6:00 a.m. in violation of explicit City rules prohibiting construction noise until 7:00. Thanking various City staff members for their efforts to resolve these problems, Mrs. Richter suggested that residents in the area might be willing to authorize construction until 6:00 p.m. if they could be assured this would expedite completion of the project. 'Na, LAW OFFICES OF `✓ HELSELL, FETTERMAN, MARTIN, TODD & HOKANSON 1500 PUGET SOUND PLAZA 1325 FOURTH AVENUE SEATTLE, WASHINGTON 98101-2509 P.O. BOX 21846 SEATTLE, WASHINGTON 98111-3846 12061 292-1144 FAX (206) 340-0902 CITY OF RENTON BOB C. STERBANK JUL 0 7 1995 July 6, 1995 REutiVED L:ITY CLERK'S OFFICE Sent via FAX to 235-2513 Marilyn Peterson, Clerk Renton City Council 200 Mill Avenue S. Renton,Washington 98055 Re: Response to Renton Environmental Review Committee letter dated June 16, 1995 Dear Ms. Peterson: Please circulate copies of the enclosed letter to each individual Councilmember in advance of the July 10, 1995, Committee of the Whole meeting, so that they will have an opportunity to review it prior to the meeting. Please also place it on the agenda for the July 10 City Council meeting. Thank you for your assistance in this matter. Sincerely, HELSELL,FETTERMAN,MARTIN, TODD&HOKANSON Bob C. Sterbank BCS:rp enc cc: Versie and Warren Vaupel Marjorie Richter NRKNDF G:\LAND USE\DATA\NRKNDFIERCLTR.ENC rr+ LAW OFFICES OF `✓ HELSELL, FETTERMAN, MARTIN, TODD & HOKANSON 1500 PUGET SOUND PLAZA 1325 FOURTH AVENUE SEATTLE, WASHINGTON 98101-2509 P.O. BOX 21846 SEATTLE, WASHINGTON 9 8111-3 84 6 (2061 292-1144 FAX (206) 340-0902 BOB C. STERBANK July 6, 1995 City Councilmembers Renton City Council 200 Mill Avenue S. Renton, Washington 98055 Re: Appeal and Comment Periods for SEPA Threshold Environmental Determinations Dear Councilmembers: We have received a copy of the June 16, 1995, letter to you from the Renton Environmental Review Committee, which letter addresses Renton's SEPA process and its application to two SEPA appeals recently filed by our clients, the Vaupels, Marjorie Richter, and the North Renton-Kennydale Neighborhood Defense Fund ("NRKNDF"). Because we are aware that the letter has precipitated a discussion among the Council Committee of the Whole about Renton's SEPA appeal and comment periods generally, we write to respond to the ERC's June 16 letter. The June 16 letter appears to have two main points: (1) the ERC believes that "policy" and "procedural" ordinances have"little or no environmental consequences"; and (2)the ERC dislikes a SEPA process that allows citizen comments to result in changes to a proposed ordinance to avoid environmental impacts. Both of these points are unfounded and, indeed, reflect a fundamental disagreement by the ERC with the mandate for SEPA established under state law. First, the SEPA Rules adopted by the Washington Department of Ecology expressly contemplate that "policy" and "procedural" ordinances can in fact have significant, adverse environmental impacts, even when they are general in nature. As the SEPA Handbook published by the Department of Ecology explains: The environmental review conducted nonproject actions, such as comprehensive plans and zoning ordinances, is probably the most important review which can be done under SEPA. This is the point where decisions w.r City Councilmembers June 6, 1995 page 2 are made on the types of activities which will be allowed in particular areas. It is important to consider the environmental impacts when making these decisions. When reviewing nonproject actions, the responsible official must evaluate the impacts of the future activities which will be allowed in a particular area. This review should include potential impacts to the physical setting, utilities, human health, etc. which could be associated with future development. SEPA Handbook(1993 ed.) at F-2 (emphasis added). Therefore, the SEPA Rules expressly define "an action" that is subject to SEPA, and that may have a significant, adverse environmental impact, as including: (b) New or revised agency rules, regulations, plans, policies, or procedures; and (c) Legislative proposals. (2) Actions fall within one of two categories: *** (b) Non project actions. Non-project actions involve decisions on policies, plans, or programs. (i) The adoption of amendment of legislation, ordinances, rules, or regulations that contain standards controlling use or modification of the environment; (ii) The adoption or amendment of comprehensive land use plans or zoning ordinances. WAC 197-11-704(1)(b) and (c), (2)(b)(i) and (ii) (emphasis added).' And, because ordinances (whether"policy" or "procedural") can have adverse impacts, SEPA review is See also WAC 197-11-060(4)(d): A proposal's effects include direct and indirect impacts caused by the proposal. Impacts include those effects resulting from growth caused by a proposal,as well as the likelihood that the present proposal will serve as a precedent for future actions. For City Councilmembers June 6, 1995 page 3 required for all such proposed "actions," which include the City of Renton's recently proposed Master Use Permit Ordinance and Temporary Use Permit Ordinance. WAC 197-11-784 ("proposal" means proposed action); WAC 197-11-310(1) (SEPA threshold determination required for any proposal meeting definition of action that is not categorically exempt). Thus, the SEPA process has been explicitly mandated to address exactly the types of ordinances under consideration by the City of Renton. The ERC, which is charged by law with application of the SEPA Rules, may disagree with this mandate, but the City is not legally entitled to ignore it. The ERC's second point, that substantive modification of a proposed ordinance or extension of a SEPA appeal period is inappropriate because it will allegedly "curtail public debate" in front of the City Council, is also based on a fundamental misunderstanding of the SEPA process. When a citizen is dissatisfied with a threshold environmental determination issued by the ERC for a City of Renton proposal, he or she has two choices. The citizen can approach the Renton City Council, the City's decision-making body that takes"action" subject to SEPA, and request the Council change the proposal by amending its language or deleting certain portions. SEPA expressly permits the Council (as the "applicant") to modify its proposal in response to comments to avoid environmental impacts: Agencies may clarify or change features of their own proposal, and may specify mitigation measures in their DNSs, as a result of comments by other agencies or the public or as a result of additional agency planning. WAC 197-11-350(5) (emphasis added). Alternatively, a citizen can comment on the threshold determination to the ERC (and request addition of mitigating conditions or preparation of an EIS) if a comment period is available, or appeal the threshold determination to the Hearing Examiner. If the citizen appears before the Renton City Council, his or her comments will be a matter of public record, as will any discussion before the Council itself. Likewise, if the citizen approaches the ERC, his or her written comments will also be part of the public record, and if the ERC takes any action (such as modifying or reversing the threshold determination), the ERC's action will be subject to comment and/or appeal. Ultimately, example,adoption of a zoning ordinance will encourage or tend to cause particular types of projects or extension of sewer lines would tend to encourage development in previously unsewered areas. (Emphasis added). City Councilmembers June 6, 1995 page 4 the ERC's determination will come before the Council, along with the substantive proposal itself, and the Council's decision whether to adopt the proposal consistent with the ERC's recommendation, or take some other action (which may require yet further environmental review by the ERC) will also be part of the public process, and subject to public debate. In either case, opportunity for public debate is provided and, ultimately, for Council consideration of the results of such debate. Here, our clients have exercised both of these options. They have commented directly to the City Council and requested the Council change its proposal. See letter dated May 8, 1995, from Bob C. Sterbank to Renton City Councilmembers (commenting on proposed Master Site Plan Ordinance and requesting changes to proposed ordinance language); letter dated June 12, 1995, from Bob C. Sterbank to Lawrence J. Warren (requesting amendments to proposed Temporary Use Permit Ordinance; letter cc'd to Councilmembers). These written comments were placed on the agenda for Council meetings, read during the Council meetings, and were the subject of discussion at those meetings by our clients and the Council. Our clients also filed appeals of the DNSs issued for both proposed ordinances. After they appealed the Master Site Plan Ordinance, the ERC issued a revised MDNS, which contained conditions which addressed some of our clients' concerns. As a result, they will now be withdrawing their SEPA appeal of that proposed ordinance. The point of all of this is that, contrary to the ERC's letter, this process has fostered public debate, not curtailed it. The fact that the City Council requested that the ERC extend the appeal period so that this debate could occur is laudable; rather than having the process become bogged down in a time-consuming, expensive, quasi-judicial process before the Hearing Examiner, the Council requested that the ERC provide the Councilmembers' constituents sufficient time to voice their concerns. Indeed, in one instance, the ERC itself modified its SEPA determination to address some of those concerns, and the ERC's actions resolved a SEPA appeal! There is no shortage of public debate -- before the Council and otherwise --in the City's SEPA process. The only defects (if any exist) in the SEPA process are that the Council apparently does not exercise authority to extend (or suspend) the deadline for appealing a SEPA determination while it considers whether to modify a proposal, but relies on the ERC to do so. At the same time, the ERC has recently dispensed with its standard practice of providing a fifteen-day comment period on a DNS prior to commencement of the appeal period and has instead run the comment and appeal periods concurrently, forcing a party to appeal rather than comment and wait to see if the comment concern is resolved before the appeal deadline. If the Council is to take any action on this matter, it should adopt an ordinance that: (1) allows the Council to extend the SEPA appeal period for City proposals on the Council's own motion, and (2) requires a fifteen day comment period on City Councilmembers June 6, 1995 page 5 every Determination of Nonsignificance prior to commencement of the appeal period. Such a course would help reduce appeal burdens on all parties, including the City, and better enable the City to be responsive to its citizens' concerns while still achieving the City's goals in enacting particular ordinances. Thank you for your consideration of these comments. I plan to attend the Committee of the Whole meeting scheduled for Monday, July 10, 1995, to make a short presentation and to answer any questions Councilmembers might have. Sincerely, HELSELL,FETTERMAN,MARTIN, TODD&HOKANSON . K. �. Bob C. Sterbank BCS:rp cc: North Renton/Kennydale Neighborhood Defense Fund Versie and Warren Vaupel Marjorie Richter G:\LAND USE\DATA\NRKNDF\LTR-RE.ERC ,r✓ o cn a�, o '�I�'`� w v ? cn c. a —I cc) O 1 a CD Cl) a m � o —.. cnw CD a o co cD cD = cn D-p cn CD c ' o c s-v -° = s a w CDs. � �� m � mw a 3 a a (l) (D . � ° � CD yi%.... uai > > °ca � nmm °mom O•• � G'F 0 N � m °� o � 5mfD 'ri "Pt y �i�.O� 0 j 0 FITm ow0 �iN m 0 cr i cis' w �' n• a -. � �`� m �_ o m �- -. .w c 0 N't r. . ,z.r o w m � o � � �� oci � to rn '•9 a�`a'-ate 0 rt, a 3 cn �' w c ' ° `� r ni C •P,-+ S;:•' y CD w in w w v, 6p y w r o �• ?�► s (n b s0 CD cwn w �' � x' m ,N.. _�� m cD D- (� o Cr a w w ri N. o �M���� a w � -� m a� ? n aim o n -« o I,. = w a < 7`< - o > TI a ct O i ' rn cn (� x ai lD 3 to j w - � rD o rD w � o a� aD) m Z a co r cn �. �? n o H. m., �• o w m ° a : D m m. — cn - °: s2 cn 5 -o = • � m w co n (� (� , i-� C co C M CO cQ = CD cr) a CJ w w m snn� _ aw N — � m �� a o_ w _Tj � c 0 w C k `< (- ---—6 p > CD 7 a cn ?c p � `< � C7c— 13 o � a' Z co m� wo6om a a r, " � Z c0 � �mN• \ `\ CD cn y _. o•.<• Q " o pa cn c `� `� w 2 \ 3 CT�Zp ° N ' _ (D o o t tJl , S •.91m g 1i3E �t 3 `1 7�SF C 'l''-,.. 9:1.fl! !i IL _ .c 1, §6 cos ,i E.•2. ,. , 4-0•-•` S - Nor 7 a,i sr""w -, -' r ry'" 4a" - r s. ''• `.' °U- "+4 'u i } ' •.. ' -,, -, }3^¢ °4 . fi \ 'P ..` Tet 11k -'T.,3+,,hF .?4_'^a 5$,'�. `x,E 3.- .. w. 'PL151..e,70,,, x. °Tt[."�' -TMz'h•.'?t� r TP'-,'.•r *s..-' '':�'.. ":'. . e _» .,. 'E,u; .t_.s v -J-S,.t_ ;'..D r .#'r. '. ,_�,w.viu*. CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed the 10th day of July, 1995, at 7:30 p.m. as the date and time for a public hearing to be held in the second floor Council Chambers of the Renton Municipal Building, 200 Mill Avenue South, Renton, 98055, to consider the following: Revisions to Renton City Code Section 4-31-19.E regarding temporary use permits, and to Section 5-1-1.A revising the temporary use permit application fee. All interested parties are invited to attend the public hearing and present written or oral comments regarding the proposal. Call 235-2501 for additional information. 7, a 40, Marilyn J. '•den, CMC City Clerk Published: Valley Daily News June 3Q 1995 Account No. 50640 June 19s1995 :enton City Council Minutes Now' Page 254 Planning & Development Planning and Development Committee Chair Stredicke presented a report Committee recommending concurrence in the staff recommendation to approve the Planning: Wetland proposed amendment to the Wetlands Delineation Ordinance, Section 4-32- Delineation Manual 3.C.1, to reference the 1987 Wetlands Delineation Manual and to delete the Reference Change reference to the 1989 manual. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for ordinance.) Noting that currently, King County's county-wide policies require jurisdictions to use the 1989 manual, Councilman Edwards requested that the Administration send a letter to the Growth Management Planning Council asking that the reference change to the 1987 manual be accommodated. Building: Temporary Use Planning and Development Committee Chair Stredicke presented a report Permit Process recommending that a public hearing be scheduled for July 10, 1995 regarding the proposed revisions to City Code Section 4-31-19.E regarding temporary uses, and to Section 5-1-1.A, revising the application fee. MOVED BY STREDICKE, SECONDED BY KEOLKER-WHEELER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Building: Planning and Development Committee Chair Stredicke presented a report Minimum/Maximum recommending that a public hearing be scheduled for July 10, 1995, to review Densities in Residential amendments to minimum and maximum densities in the residential zones. Zones MOVED BY STREDICKE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Public Safety Committee Public Safety Committee Chair Tanner presented a report recommending Fire: Pumper Truck concurrence in the purchase of one fire department pumper truck with the Purchase and Purchase option to purchase a second fire department pumper truck, subject to approval Option by the Finance Committee. MOVED BY TANNER, SECONDED BY STREDICKE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolutions were presented for reading and adoption: RESOLUTIONS Resolution #3131 A resolution was read authorizing the Mayor and City Clerk to enter into an Parks: Black River interlocal cooperative agreement with the State of Washington entitled "WWRP Riparian Forest Project Agreement, Habitat Conservation Account, Black River Riparian Acquisition, IAC Grant Forest" to accept $228,350 in grant funds. MOVED BY NELSON, Funds SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3132 A resolution was read authorizing application to the Interagency Committee Parks: Springbrook Trail for Outdoor Recreation for $126,720 in funding assistance and identifying the IAC Grant Funds source of matching funds for an outdoor recreation project as provided by the Marine Recreation Land Act (Springbrook Trail). MOVED BY NELSON, SECONDED BY KEOLKER-WHEELER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 6/26/95 for second and final reading: Planning: Wetland An ordinance was read amending Subsection 4-32-3.C.1 of Chapter 32, Delineation Manual Wetlands Management, of Title IV (Building Regulations) of City Code by Reference Change adopting the 1987 U.S. Army Corps of Engineers Wetlands Delineation APPROVED BY CITY COUNCIL PLANNING AND DEVELOPMENT COMMITTEE Date 4',fq--/� COMMITTEE REPORT JUNE 19, 1995 • REVISION TO SECTION 4-31-19.E OF CITY CODE REGARDING TEMPORARY USE AND TO SECTION 5-1-1 .A REVISING THE APPLICATION FEE (Referred February 13, 1995) The Planning and Development Committee recommends that a public hearing regarding this proposed revision be scheduled for July 10, 1995. Richard Stredicke, Chair 4411 (AINeat Kathy :siker-Wheeler, Vice-Chair andy Corman, Member cc: Gregg Zimmerman Jim Hanson Jana Huerter Mike Kattermann June 1,2, 1995 Winton City Council Minutes Page 240 Rezone: Andrew Deak Hearing Examiner recommended rezone of the Andrew Deak Medical Clinic Medical Clinic Building, Building, 4509 Talbot Rd. S., from Public Use (P-1) to Commercial Office 4509 Talbot Rd S (CO), File No. LUA-95-031. Council concur. (See page 243 for ordinance.) Rezone: Shegrud Home Hearing Examiner recommended rezone of the Shegrud Home Site, 4518 Site, 4518 Talbot Rd S Talbot Rd. S., from Public Use (P-1) to Commercial Office (CO), File No. LUA-95-031. Council concur. (See page 243 for ordinance.) Rezone: Swanson Law Hearing Examiner recommended rezone of the Swanson Law Office Building, Office Building, 4512 4512 Talbot Rd. S., from Public Use (P-1) to Commercial Office (CO), File Talbot Rd S No. LUA-95-031. Council concur. (See page 243 for ordinance.) Planning: Publicly-Owned Planning and Technical Services Division submitted recommendation that Property Rezones, Various rezones of 37 publicly-owned properties be processed through the regular Hearing Examiner process rather than be heard by the City Council. Council concur. CAG: 95-, Rolling Hills Water Utility Division submitted proposed consultant agreement with RH2 Reservoir and Pump Engineering in the amount of $299,889.00 for engineering services for the Station, RH2 Engineering Rolling Hills,Reservoir and Pump Station project. Refer to Utilities Committee. Utility: Emergency Sale of Water Utility Division requested approval of a revised agreement for the Water to Kent, CAG-95- emergency sale of water to the City of Kent. Refer to Utilities Committee. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from Rick Hlavka, 402 S. Tobin St., Renton, 98055, Citizen Comment: Hlavka regarding continued safety problems relating to the operation of Puget Sound - Puget Sound Helicopters Helicopters at Renton Municipal Airport. MOVED BY EDWARDS, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE TRANSPORTATION (AVIATION) COMMITTEE. CARRIED. Citizen Comment: Correspondence was read from Bob Sterbank, Helsell Fetterman et al, 1325 • Sterbank - Temporary Use Fourth Ave., Seattle, 98101, (representing the Vaupels, Richters and the North Permit Changes Renton/Kennydale Neighborhood Defense Fund) regarding the proposed temporary use permit ordinance. Citizen Comment: Stoloff Correspondence was read from Judith Stoloff, 2235 Fairview E. Slip #6, - Zero Lot Line Seattle, 98102, supporting zero lot line provisions in residential zones. Provisions MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL REFER THIS CORRESPONDENCE TO THE PLANNING AND DEVELOPMENT COMMITTEE. CARRIED. OLD BUSINESS Council President Schlitzer presented a Committee of the Whole report Committee of the Whole regarding the Council process for handling land use appeals. The Committee Council: Land Use Appeal expressed a desire to strike a balance between ensuring that the public has an Process appropriate method of airing their opinions and concerns in an appeal process while assuring that the process itself is not violated by comments received by the Council at inappropriate times. 1. The Committee recommended that land use appeals continue to be referred to the Planning and Development Committee. The Chair of the Committee, either alone or through the Committee, will determine whether to hear the appeal or refer it to the Committee of the Whole. Such determination will be based on consideration by the Chair and/or SENT BY:SEATTLE ; 6-12-95 ; 2:30PM ; HELSELL, FETTERMAN- 206 235 2513;+P 2/ 4 r ' ;`„ LAW OFFICES OF C(Q "Q" — 69"qr9rt9tirE HELSELL, FETTERMAN, MARTIN, TODD & HOKANSON 4.- /)- ISOO PUGET SOUND PLAZA i325 FOURTH AVENUE SFATTLE, WASHINGTON G8101-2509 P.O. BOX 21646 SEATTLE. WASHINGTON 9 8111-3 8 4 6 1204H 292-1144 FAX Rots) 340.0902 BOB C. STERBANK June 12, 1995 = RENTON Sent via FAX to 235-2513 19 Marilyn Peterson Renton City Clerk CLERKS OFFICE City of Renton 200 Mill Avenue South Renton, Washington 98055 Re: Proposed Temporary Use Permit Ordinance Dear Ms. Peterson: Please find enclosed a copy of our letter of this date to City Attorney Lawrence J. Warren, which is "cc'd" to the Councilmembers. We would appreciate it if you would arrange for copies to be delivered to Councilmembers in their packets for tonight's City Council meeting. Thank you for your assistance in the above. Sincerely, HELSELL,FETTERMAN,MARTIN, TODD&HOKANSON ,(33-6 C Bob C. Sterbank BCS:rp XR. ,/h.•c-.cam,✓ enc cc: Lawrence J. Warren w/enc •Vaupels w/enc Richters w/enc NRKNDF wienc G:\LAND_USE\DATAW kKNDF\TEMP-USE.ENC y, LAW OFFICES OF y HELSELL, FETTERMAN, MARTIN, TODD & HOKANSON 1500 PUGET SOUND PLAZA 1325 FOURTH AVENUE SEATTLE, WASHINGTON 98101-2509 P.O. BOX 21846 SEATTLE, WASHINGTON 98111-3846 12061 292-1144 FAX (206) 340-0902 BOB C. STERBANK June 12, 1995 Sent via FAX to 255-5474 Lawrence J. Warren Warren, Kellogg, Barber, Dean& Fontes, P.S P.O. Box 626 100 South Second Street Renton, Washington 98057 Re: Proposed Temporary Use Permit Ordinance Dear Mr. Warren: As I mentioned during our telephone conversation on Friday, June 9, 1995, our clients (the Vaupels, Richters, and the North Renton-Kennydale Neighborhood Defense Fund) are concerned that City staff are quietly proposing new ordinances that would be utilized in the future by Bryant Motors to authorize uses/activities currently prohibited by the Renton City Code. This concern is, in part, what motivated their appeal of the DNS for the Master Site Plan Ordinance. It also forms part of their concern over the new, proposed Temporary Use Permit Ordinance. In our conversation, you stated that the City has no intention of creating loopholes in its Code for future exploitation by Bryant Motors. If that is the case, the City should amend the language of the proposed Temporary Use Permit Ordinance to eliminate the substantial loopholes currently present. We request the following provisions, with additions shown by underscoring: 4-31-19.E. Temporary Use. 1. Purpose. A Temporary Use Permit allows a use or structure on a short-term basis. Such uses or structures may be allowed subject to modified development standards which would not be appropriate for permanent uses in the zoning designation. Temporary Use Permits are not intended to (and shall not be granted to) authorize the expansion of existing nonconforming uses, nor permit existing, legally established, non-transient commercial uses to initiate or maintain uses or activities otherwise not permitted by the applicable Comprehensive Plan and zoning designation. Lawrence J. Warren June 12, 1995 page 2 2. Permitted Temporary Uses. *** e. Temporary parking lots/areas, but only for uses stated in Sections 2.a through 2.d above. There are many other problems with the ordinance as drafted; we have addressed only the most substantial of them here.' In light of your statement that the City is not attempting to create a new type of permit approval for Bryant Motors or sneak it past the Council, we assume that these loopholes are simply the result of sloppy draftsmanship. Nevertheless, they pose a potential problem, and our clients are sufficiently concerned that they will appeal the DNS granted for the Temporary Use Permit Ordinance, and take other steps necessary to challenge it, if the ordinance is not modified to make clear its inapplicability to businesses such as Bryant Motors. We would appreciate it if you would discuss the proposed changes described above with City Council at its meeting tonight, June 12, 1995, to avoid the necessity for yet another appeal. We appreciate your cooperation and assistance in this regard. Sincerely, HELSELL, FETTERMAN, MARTIN, TODD&HOKANSON Y Bob C. Sterbank BCS:rp cc: Vaupels Richters NRKNDF Renton Councilmembers G:\LAND USEIDATA\NRKNDFITEMP-USE.ORD These include problems of vagueness(no explanation of what development standards may be modified for a temporary use, and no specification of what"adequate parking"for a temporary use is); inconsistency(4-31-19.E.2.a states permit term is 180 days; .7.a and.b reference 90 days and one year, respectively),and lack of public notice(.6.a allows but does not require provision of public notice to adjacent property owners,even while 4-31-19.E.4 states that an aggrieved party may appeal within ten days of the permit even though no notice of permit approval is required). SENT BY:SEATTLE ; 6-12-95 ; 2:30PM ; HELSELL, FETTERMAN-, 206 235 2513;# 1/ 4 • Nome LAW OFFICES R IC HAKIO 5. WHITE HELSELL, FETTERMAN. MARTIN, TODD Be HOKANSON PATRICIA E.ANO ER ON GAr;v I'.LINDEN 1500 PUGET SOUND PLAZA r'OLI Y K.RECKER .IOHN E.[DEFIED CO!s I W.LAMI•'t'1..1,1 PHILLIP D•NOBLE 1325 FOURTH AVENUE 0. JEFFRfV CARL DAVID F.JURCA DAVID T.CLIIY1r)N LI L.t1 WHITSON NCOTT E.COLLINS SEATTLE.WASHINGTON 96101-Z509 JOHN G.EJI.GCMAHN JENNIFER:i.UIVINF H,SSOH LANDSMAN JACKI L.KIRKLIN DANFERU w HENKE P.O. BOX z1A46 JONAIIIAN P. MEIff KAREN J.VANDFlLAAN TON MONTGOMERV PAULINE v.SMETKA SEATTLE, WASNINGTON 981 1 1-384S LAURA F PASIK DAVID GROG: SUSAN L.PETER'SON LIPI11:E H.BENSON (2o6) 292.11d4 FRIK D.PRICE KAGAN L. POWERS STEVLN J.9AMARIO B RADLEY n,9AG SH AW GRADLEY S.CHAMPION FAX(206)3.40.0902 p LnARf)F.SP DONE ANDnFW J.KINSTLER FREDRIcH D. HUEBNER ,,,, WILLIAM R.SPURR MARK F.RISING ROR C.STERBANK NEVIN L.'n'l OOK BELLEVUE OFFICE MARK C.DEAN of r:r1UNI:I:L LLFWELYN G.PRITC HARD aa33 SKYLINE TOWER LINDA J.COCHRAN C. JAMt7 FRUSH IQeOC N.L.4TH STREET RUra,G 1 OF C:KFCI ;TERRY E.THONN CRAIG R.DDDEL ROHER f 17,OfLLAT LY BELLEVUE.WASHINGTON 98004-5641 PE I CH J.EGLICr: DIRK A.BAKTRALM 12061 292.1144 WILLIAM A. HLL.LLL DEBORAH I„MARTIN HU SELL V. HOKANSON WATSON B.BLAIN THOMAS W. HLIBER LINDA 0,WALTON IIAROLD n.n00KS r.FORGE A.NICOUO III PLEASE REPLY To SEATTLE OFFICE I MN B.SOUIRES f IIIN ADMINISTRATOR LAND USE ANALYST .IACOUELINE K BOETTCHER JANE S.KIKER RETIRED PAUL FETTERMANFAX COMMUNICATION COVER SHEET TI-I t�MAS`ODDD TO: Renton City Council, c/o City Clerk ADDRESSEE'S FIRM NAME: FAX PHONE NUMBER: 235-2513 OFFICE PHONE NUMBER: CTTY: Renton _ STATE: WA SENDER: Bob C. Sterbank TOTAL PAGES SENT: 4 (including cover sheet) TRANSMISSION DATE: June 12, 1995 • HFMTH FILE NAME: Vaupel FILE NO. : 94-0293 In case of any difficulty in reception, please call 206-292-1144 as soon as possible and notify the Fax Operator. CONTENTS: Letter to Clerk Marilyn Peterson and letter to City Attorney Warren This message is Intended for the use of the individual or entity to which it is transmitted and may contain information that is privileged, confidential and R.IOIHpt from disclo.Ilrn under applicable laws, if the reader of this communication is not the 1ftr:nded recipient., you are hereby notified that any dissemination, distribution or copying or Ulin communication in Strictly prohibilotl. If you have received this communication in error.', please notify us immediately by telephone and rl::turn the oriainai communication to Vs aL the address above via the U.B. Postal Servit:“. We will reimburse you for the moiling cu5t9. Thank you. c:wlo UTA NLA.L 1//1rAY.m June 12, 1995 iorietenton City Council Minutes `,No` Page 238 Citizen Comment: Richter Marjorie Richter, 300 Meadow Ave. N., Renton, 98055, submitted pictures - Temporary Use Permit, illustrating her concerns with temporary use permits in the City. Ordinance Citizen Comment: Vaupel Versie Vaupel, P.O. Box 755, Renton, 98057, stated that the appeal period - Temporary Use Permit expires tomorrow at 5:00 p.m. on the Determination of Non-Significance Ordinance (DNS - (DNS) issued by the Environmental Review Committee (ERC) on the proposed Environmental changes to temporary use permits. Explaining that the changes would transfer Determination) approvals of temporary use permits from the Hearing Examiner to staff, Mrs. Vaupel was concerned that the ordinance as drafted does not set out an appeal process or provide for specific public notification of temporary use permit applications. She asked that the appeal period be extended as she felt it was not appropriate for a DNS to have been issued prior to Council consideration of the proposed changes. Responding to Council inquiry, Planning & Technical Services Director Mike Kattermann explained that the ERC issues a determination on the possible environmental impacts of ordinances before Council takes final action on their adoption. Councilman Tanner said after reviewing the pictures submitted by Mrs. Richter, it was difficult for him to accept a DNS finding from the ERC on this matter. He and Councilman Corman supported extending the appeal period as requested. Mr. Kattermann replied that only the ERC has the authority to extend the appeal period, although Council can certainly ask that it do so. Councilman Corman noted that under the current process, an ordinance could be amended or modified by Council after the environmental determination has been made on the original language. Executive Assistant Covington agreed that the environmental impact of proposed legislation is analyzed first in order to facilitate Council information and deliberation on any expected impacts. If the language in the ordinance is changed significantly, the environmental analysis is redone. Councilman Corman suggested that the appeal period on environmental determinations remain open until after Council holds first reading of ordinances. Councilman Edwards, however, felt it was important to have closure on the environmental impact question before proceeding to a public hearing and the adoption of legislation. Saying it is specific projects that will create impacts, not this ordinance itself, Councilmember Keolker-Wheeler suggested that Council hold a policy workshop on the subject of coordinating State SEPA requirements with the City's process for adopting ordinances. For the record, Councilman Stredicke noted that the matter of changes to the temporary use permit ordinance was discussed in the Planning and Development Committee on 4/05/95 (having been referred via the Council's consent agenda of 2/13/95). Councilman Tanner objected to issuing an environmental determination on an ordinance that is not in its final form. MOVED BY CORMAN, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE SUBJECT OF ORDINANCE CONSIDERATION AND ADOPTION, PARTICULARLY HOW THIS IS COORDINATED WITH THE A June 12, 1995 Benton City Council Minutes ,ft.rr Page 239 ISSUANCE OF ENVIRONMENTAL DETERMINATION, TO THE COMMITTEE OF THE WHOLE. CARRIED. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL REQUEST THE ADMINISTRATION TO CONVENE A SPECIAL MEETING OF THE ENVIRONMENTAL REVIEW COMMITTEE (ERC) ON 6/13/95 FOR THE PURPOSE OF EXTENDING THE APPEAL PERIOD ON THE DNS ISSUED ON THE TEMPORARY USE PERMIT ORDINANCE. CARRIED. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. CAG: 95-048, Nelson P1 City Clerk reported bid opening on 6/06/95 for CAG-95-048, Nelson Pl. NW/Rainier Ave N Storm NW/Rainier Ave. N Storm System Replacement project; five bids; engineer's System Replacement, West estimate $117,094.04; and submitted staff recommendation to award the Coast Const. contract to the low bidder, West Coast Construction Co., Inc., in the amount of $125,642.38. Council concur. Parks: Springbrook Trail Community Services Department requested authorization to submit an IAC Grant Funds application to the Interagency Committee for Outdoor Recreation for $126,720.00 in grant funds to acquire two parcels totalling 23.78 acres (Springbrook Trail). Refer to Community Services Committee. Planning: Wetland Development Services Division submitted proposed revision to City Code to Delineation Manual reference the 1987 Federal Interagency Committee for Wetland Delineation Reference Change Manual, instead of the 1989 manual, at the recommendation of the Department of Ecology. Refer to Planning & Development Committee. Fire: Pumper Truck Fire Department requested approval of a $250,000 expenditure for the Purchase and Purchase acquisition of one pumper truck and the option to purchase another. Refer to Option Public Safety Committee. Rezone: Seventh-Day Hearing Examiner recommended rezone of the Seventh-Day Adventist Church Adventist Church, 1031 property, 1031 Monroe Ave. NE, from Public Use (P-1) to Residential (R-8), Monroe Ave NE File No. LUA-95-031. Council concur. (See page 242 for ordinance.) Rezone: Traditional Hearing Examiner recommended rezone of the Traditional Family Health Care Family Health Care, 920 property, 920 N. 1st St., from Public Use (P-1) to Residential (R-10), File No. N 1st St LUA-95-031. Council concur. (See page 242 for ordinance.) Rezone: Dentistry Hearing Examiner recommended rezone of the Dentistry Professional Building Professional Building, 113 property, 113 Pelly Ave. N., from Public Use (P-1) to Residential (R-10), File Pelly Ave N No. LUA-95-031. Council concur. (See page 243 for ordinance.) Rezone: Kennydale Hearing Examiner recommended rezone of the Kennydale Memorial Hall Memorial Hall, 2424 NE property, 2424 NE 27th St., from Public Use (P-1) to Residential (R-8), File 27th St No. LUA-95-031. Council concur. (See page 243 for ordinance.) Rezone: Calvary Baptist Hearing Examiner recommended rezone of the Calvary Baptist Church Church, 1032 Edmonds property, 1032 Edmonds Ave. NE, from Public Use (P-1) to Residential Ave NE Suburban (RM-C), File No. LUA-95-031. Council concur. (See page 243 for ordinance.) Rezone: Puget Power Hearing Examiner recommended rezone of the Puget Power Transmission Transmission Corridor, Corridor, Edmonds Ave. NE/NE Sunset Blvd., from Public Use (P-1) to Edmonds Ave NE/NE Resource Conseration (RC), File No. LUA-95-031. Council concur. (See Sunset Blvd page 243 for ordinance.) February 13. 1995 Renton City Council Minutes Page 57 Citizen Comment Hoshide Lloyd Hoshide, 833 Kirkland Ave. NE, Renton, 98056, commented on staffs - Comprehensive Plan acknowledgment of three inconsistencies contained in the Comprehensive Plan Inconsistencies and questioned whether one of these is in the area of NE 10th St. and Kirkland Ave. NE. Mr. Kattermann offered to research this and provide a response. Citizen Comment Bryant Bill Bryant, 1300 Bronson Way N., Renton, 98055, expressed strong - Bryant Motors displeasure that he had not been allowed to address the subject of his Comprehensive Plan property's Comprehensive Plan designation tonight before Council took action Designation to change it from EAC to SF/4, although the proponents of this change had been allowed to discuss it at some length. Mr. Bryant said considering how much money has been spent by him and others on this matter, it was not fair of Council to have denied him a chance to present his side of the issue. Council President Schlitzer clarified that the matter before Council this evening was not a question of what the Comprehensive Plan designation on this property should be. Rather, it was a matter of correcting an inconsistency between a Council-voted rezone and an accompanying land use designation, with Council simply following through on a previous action. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL DIRECT THE ADMINISTRATION TO REVIEW THE THREE INCONSISTENCIES CONTAINED IN THE COMPREHENSIVE PLAN AND DETERMINE WHETHER THE REQUIRED PUBLIC HEARING HAS BEEN HELD AND/OR DUE PROCESS FOLLOWED FOR THESE BEFORE THE COMPREHENSIVE PLAN IS ADOPTED ON 2/20/95. CARRIED. Citizen Comment: Vaupel Versie Vaupel, P.O. Box 755, Renton, 98057, commented on changes made to - Comprehensive Plan the proposed neighborhood conservation suffix from the Draft Supplemental Neighborhood Environmental Impact Statement (DSEIS) and the final SEIS. Saying she had Conservation Suffix tentatively endorsed this concept on the condition that it apply to only residential uses, she explained that staff has recently suggested language to allow this suffix in Convenience Commercial or other designations. Mrs. Vaupel was concerned with this proposed change, emphasizing that the effects of the proposed suffix on residential areas remain undetermined. Responding to Council inquiry, Mr. Kattermann advised that the public review period on the final SEIS expires on February 17, 1995. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. At Council request, items 5.a. and 5.c. were removed for separate consideration. Parks: Library Automation Community Services Department requested approval of proposed contract in System, Ameritech the amount of $260,000 with Ameritech Library Services for hardware and Library Services software for a Dynix integrated turn-key library automation system. Refer to Community Services Committee. Building: Temporary Use Development Services Division requested revision of City Code to permit Permit Process temporary uses through an administrative process, and to lower the application fee from $1,000.00 to $100.00. Refer to Planning and Development Committee. Legal: Employee/ Legal Department submitted proposed ordinance creating a uniform right to Volunteer Defense and defense and indemnity for past or present officers, employees or volunteers, Indemnity Rights in accordance with RCW 4.96.041. Refer to Finance Committee. CITY OF RENTON COUNCIL AGENDA BILL Al#: ,5'. d,. Submitting Data: For Agenda of: February 13, 1995 Dept/Div/Board Planning/Building/Public Works Staff Contact Jana Huerter,Land Use Review Supervisor,x2518 Agenda Status Consent X Subject: Public Hearing Revision to Section 4-31-19E of City Code regarding Temporary Use Correspondence and to Section 5-1-1.A revising the application fee Ordinance Resolution Old Business Exhibits: New Business Issue Paper Study Sessions Draft Ordinance Information Recommended Action: Approvals: Refer to Planning and Development Committee Legal Dept X Finance Dept Other Fiscal Impact: Expenditure Required N/A Transfer/Amendment N/A Amount Budgeted N/A Revenue Generated N/A Summary of Action: Presently, there is just one inflexible process for permitting temporary uses. Development Services staff has prepared a proposed ordinance to address temporary uses through an administrative process. Before drafting the final ordinance staff would like to present the proposal to the Planning and Development Committee for review and comments. STAFF RECOMMENDATION: Staff recommends that Council approve the proposed ordinance for temporary uses once the draft ordinance is reviewed and recommended for approval by the Planning and Development Committee. Additionally, staff recommends that Council repeal Section 4-31-19E of the Municipal Code which currently addresses temporary uses and amend Section 5-1-1.A to reflect an application fee of$100.00 replacing the present fee of$1,000.00; and amend the Zoning Code to list Temporary Uses under the Secondary Uses section, of each of the following zones: 4-31-4- 1.B.2.f; 4-31-4-2.6.2.g; 4-31-5.B.2.f; 4-31-6.B.2.f; 4-31-7-B.2.e; 4-31-8.B.2.d; 4-31-9-B.5.b; 4-31-10.1.B.2.q; 4-31- 10.2.B.2.p; 4-31-10.3.B.2.o; 4-31-10.4.B.2.1; 4-31-10.5.B.2.g; 4-31-11.1.B.2.h; 4-31-11.2.B.2.j; 4-31-12.B.2.g; 4-31- 13.6.2.d; 4-31-16.6.2.o; and 4-31-25.1.B.2.d. AGNBILL.DOC CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT MEMORANDUM Date: January 24, 1995 To: City Council Via: Mayor Clymer From: Gregg Zimmerman, Administrator G' Planning/Building/Public Works Department Staff Contact: Jim Hanson, Director Development Services Division Subject: ISSUE PAPER FOR TEMPORARY USE PERMIT ISSUE: • Presently, the City has only one process for permitting temporary uses. This process takes approximately three months and involves a public hearing before the Hearing Examiner. Most types of temporary permits involve uses such as construction trailers, Christmas tree lots, etc. which do not have the flexibility or time to go through such a process. They have either been allowed without any review or have been denied since there was no time to go through the process. To address this issue staff has drafted an ordinance which would permit temporary uses through an administrative process. The proposed process will set conditions for approval that will take into consideration public health and safety issues. The decision to approve or deny the temporary use will take approximately two to three weeks depending on whether public notice is required. RECOMMENDATION: • The Planning/Building/Public Works Department recommends that Council approve the proposed ordinance for temporary uses. In addition, staff recommends that Council repeal Section 4-31-19E of the Municipal Code which currently addresses temporary uses, amend Section 5-1-1.A, Fee Schedule, to reflect an application fee of $100.00 replacing the current fee of$1,000.00, and amend the Zoning Code to list Temporary Uses under the Secondary Uses section, of each of the following zones: 4-31-4-1.B.2.f; 4-31-4-2.B.2.g; 4-31-5.B.2.f; 4-31-6.B.2.f; 4-31-7.B.2.e; 4-31-8.B.2.d; 4-31- 9.B.5.b; 4-31-10.1.-B.2.q; 4-31-10.2.B.2.p; 4-31-10.3.B.2.o; 4-31-10.4.B.2.I; 4-31-10.5.B.2.g; 4-31- 11.1.B.2.h; 4-31-11.2.B.2.j; 4-31-12.B.2.g; 4-31-13.B.2.d; 4-31-16.B.2.o; and 4-31-25.1.B.2.d. ,The new language shall allow Temporary Uses as a secondary use subject to the provisions of the Temporary Use Ordinance, Section 4-31-19E of the Renton Municipal Code. ISSUMM.DOC TEMPORARY USE ORDINANCE Purpose A Temporary Use Permit is a mechanism by which the City may permit a use to locate within the City on an interim basis without requiring full compliance with the regulations of the zoning designation. Authorization The Planning/Building/Public Works Administrator or designee shall, in consultation with appropriate city departments, review and decide upon each application for a Temporary Use Permit. Submittal Requirements Submittal requirements shall be as set forth by the Planning/Building/Public Works Department in the document entitled: "Submittal requirements for Temporary Use Permit Application". Decision Criteria The Planning/Building/Public Works Administrator or designee may approve or modify an application for a Temporary Use Permit if he finds that: 1) The Temporary Use will not be materially detrimental to the public heath, safety, or welfare, nor injurious to property or improvements in the vicinity of the Temporary Use, and, 2) Adequate parking, as determined by the Planning/Building/Public Works Administrator or designee is provided to serve the Temporary Use and any existing uses on the site, and 3) Hours of operation of the Temporary Use are specified, and 4) The Temporary Use will not cause noise, light, or glare which adversely impacts surrounding uses, and 5) If applicable, the applicant has obtained the required right-of way use permit. 6) If applicable, the Temporary Permit will initiate permits and inspections from both Fire Prevention and/or Development Services Division to insure that the temporary use is in compliance with Fire/Building codes. General Conditions A) Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with Chapter 14, section 4- 14-1 of the Parking and Loading Ordinance. B) Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use. C) The Planning/Building/Public Works Administrator or designee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include but are not limited to, requiring that notice be given to adjacent property owners prior to approval, time and frequency of operation, temporary arrangements for parking Allowed Temporary Uses a) Retail sales and/or exhibits of arts and crafts. b) Retail sales such as Christmas trees, agricultural or horticultural products, firewood, fireworks, seafood, etc. c) Mobile services such as veterinary services for purposes of giving shots, home owner hazardous waste recycling events. d) Group retail sales/events such as swap meets, flea markets, parking lot sales, Saturday Market, auctions, etc. f) Occupancy of a temporary structure (existing home, mobile home or travel trailer with adequate water and sewer/septic service) on the same lot while a residential building is being constructed or while a damaged residential building is being repaired. g) Model homes and trailers used for the purpose of real estate sales and/or rental information, located within the subdivision or residential development to which they pertain. h) Contractor's office, storage yard, and equipment parking and servicing on or near the site or in the vicinity of an active construction project. i) Circuses, carnivals, fairs, or similar transient amusement or recreational activities. j) Temporary parking lots/areas. k) The Planning/Building/Public Works Administrator or designee may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in keeping with the intent and purpose of this section. Time Limitation A) Except as specified below in subsection B, a Temporary Use Permit is valid for up to 90 calendar days from the effective date of the permit, unless the Planning/Building/Public Works Administrator or designee establishes a shorter time frame. B) The Planning/Building/Public Works Administrator or designee may approve a Temporary Use Permit for up to one year for temporary sales or rental offices in subdivisions, multifamily or non-residential projects or other longer term uses. C) A property owner or other holder of a Temporary Use Permit may not file an application for a successive Temporary Use Permit for 30 days following the expiration of an approved permit applying to that property and/or use. Abatement of Temporary Use Prior to the approval of a Temporary Use Permit, the applicant shall submit to the Planning/Building/Public Works Administrator or designee, an irrevocable, signed and notarized statement granting the City permission to summarily abate the Temporary Use, and all physical evidence of that use, if it has not been removed as required by the terms of the Permit. The statement shall also indicate that the applicant will reimburse the City for any expenses incurred in abating a Temporary Use under the authority of this Section. Assurance Device The Planning/Building/Public Works Administrator or designee may require security in conformance with Chapter 12, section 9-12-8,V,3 to assure compliance with the provisions of the Temporary Use Permit as approved. The amount of the security will be determined by the Planning/Building/Public Works Administrator or designee, but in no case shall it be less than $1,000.00. Penalties Unless otherwise specified, penalties for any violations of any of the provisions of this Code shall be in accord with Chapter 33 of Title IV.(Ord. 4351, 5-4-92) Appeals Within 10 days of approval or denial of a temporary use permit, the applicant, or other aggrieved party, may file an appeal to the Hearing Examiner. (Ord. 4404, 6-7-93)