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HomeMy WebLinkAboutDay Care Centers in Commercial Office (CO) Zone (7/28/1997) Amends ORD. ##4404, 4649 CITY OF RENTON, WASHINGTON ORDINANCE NO. 4678 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTIONS 4-31-16 .B.1, 4-31-16 .B.2 AND 4-31-16 .B.4 .g 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" BY MOVING THE DAY CARE CENTER USE FROM ADMINISTRATIVE CONDITIONAL TO PRIMARY USE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . Section 4-31-16 .B. 1 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 by adding the following subsection which reads as follows : j . Day Care Center. SECTION II . Footnote 1 to section 4-31-16 .B. 2 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 deleted. SECTION III . Section 4-31-16 .B.4 .g 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 deleted. SECTION IV. This Ordinance shall be effective upon its passage, approval, and five (5) days after publication. 4100 ORDINANCE NO. 4678 PASSED BY THE CITY COUNCIL this 18th day of August 1997 . arilyn tersen, City Clerk APPROVED BY THE MAYOR this 18th day of August , 1997 . Jesse Tanner, Mayor Approved a to form: atitP 4414414€W/birg4#1t1 Lawrence J. Warre , City Attorney Date of Publication: August 22, 1997 ORD. 667 : 7/29/97 :as . • August 18, 1997 Renton City Council Minutes Page 276 vamw Resolution #3274 A resolution was read setting a hearing date on September 8, 1997, for Vacation: SW 16th St vacating a portion of SW 16th Street between Monster Road and Grady Way (Schober/VAC-97-003) (Schober; VAC-97-003). MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3275 A resolution was read setting a hearing date on September 15, 1997, for Vacation: SW 12th St vacating a portion of SW 12th Street between Maple Avenue SW and Rainier (Scarff & Snyder/VAC- Avenue S., and the remaining unvacated alley area between Grady Way and 97-005) SW 12th Street in the Automall Area (Snyder and Scarff; VAC-97-005). MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3276 A resolution was read setting a hearing date on September 15, 1997, for Vacation: SW 12th St vacating a portion of SW 12th Street between Maple Avenue SW and Rainier (Scarff & Avenue S. in the Automall Area (Scarff and Ballestrasse; VAC-97-006). Ballestrasse/VAC-97-006) MOVED BY CORMAN, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3277 A resolution was read approving the Cherrywood Lane final plat (Northward Plat: Final, Cherrywood Development of 63 lots on NE 6th and Duvall Ave. NE; File No. FP-97-059). Lane (FP-97-059) MOVED BY EDWARDS, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3278 A resolution was read authorizing the Mayor and City Clerk to enter into an Solid Waste: 1997 King interlocal cooperative agreement with King County for waste reduction and County Funding for recycling grant programs for the suburban cities. MOVED BY NELSON, Recycling Programs SECONDED BY SCHLITZER, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. Resolution #3279 A resolution was read relating to parks and public facilities; establishing a Council: Policy on Naming policy and procedure for the naming of City parks and public facilities. City-Owned Facilities and MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADOPT THE Properties RESOLUTION AS PRESENTED. CARRIED. Resolution #3280 A resolution was read declaring a moratorium on the issuance of business Planning: Card Room licenses or other City permits for card rooms, as defined by Chapter 9.46 Moratorium RCW; establishing a public hearing date on September 22, 1997; and establishing a termination date for the moratorium. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for second and final reading: Ordinance #4678 An ordinance was read amending Sections 4-31-16.B.1, 4-31-16.B.2 and 4-31- Planning: Child Day Care 16-B.4.g of Chapter 31, Zoning Code, of Title IV (Building Regulations) of Centers in the Commercial City Code by moving the day care center use from Administrative Conditional Office Zone to Primary Use in the Commercial Office (CO) Zone. MOVED BY SCHLITZER, SECONDED BY CORMAN, COUNCIL ADOPT ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. EXECUTIVE SESSION MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL RECESS INTO EXECUTIVE SESSION FOR 25 MINUTES TO DISCUSS FRANCHISE NEGOTIATIONS. Time: 8:54 p.m. The meeting was reconvened at 9:19 p.m.; roll was called; all Councilmembers present. 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Ear EC "" co u8 1 co aa3) ° oo -• oc o can rani c �lI , ji' Y co c a c» 0 'v Z co F- J 0 11 y August 4, 1997 „,,,, Renton City Council Minutes Page 262 CAG: 97-011, Municipal Transportation Systems Division submitted CAG-97-011, Renton Municipal Airport SE Taxilane Airport SE Taxilane Rehabilitation project; and requested approval of the Rehab, MA Segale project, authorization for final pay estimate in the amount of $132,001.32, commencement of 60-day lien period, and release of retained amount of $10,109.17 to M.A. Segale, Inc., contractor, if all required releases are obtained. Council concur. Public Works: Corrosion Water Utility Division requested approval of a proposed $932,600 Public Control Treatment Works Trust Fund Loan, at an interest rate of 1% (one percent), for the Facilities PWTF Loan, Corrosion Control Treatment Facilities project. Renton's cost share is CAG-97- $567,400. Council concur. (See page for resolution.) CAG: 97-023, Highlands Water Utility Division submitted CAG-97-023, Highlands 565 Zone Reservoir 565 Zone Reservoir Interior Recoating project; and requested approval of the project, Interior Recoating, Long authorization for final pay estimate in the amount of $760.20, commencement Painting of 60-day lien period, and release of retained amount of $6,957.00 to Long Painting Co., contractor, if all required releases are obtained. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. OLD BUSINESS Council President Keolker-Wheeler presented a report regarding the City of Committee of the Whole Newcastle's Comprehensive Plan. The Committee was concerned that the Planning: Newcastle Comprehensive Plan adopted by the City of Newcastle does not adequately Comprehensive Plan address growth and its impacts, particularly in the areas of land use and housing, and that this failure would detrimentally affect the citizens of Renton. The Committee recommended that staff analyze the plan for its impacts on Renton and, if deemed inadequate, that the Mayor be authorized to proceed with filing an appeal of the City of Newcastle's Comprehensive Plan to the Central Puget Sound Growth Management Hearings Board. MOVED BY KEOLKER-WHEELER, SECONDED BY SCHLITZER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3272 A resolution was read authorizing the Mayor and City Clerk to execute an Public Works: Corrosion interlocal cooperative agreement with the State of Washington Department of Control Treatment Community, Trade, and Economic Development entitled "Public Works Trust Facilities PWTF Loan, Fund Construction Loan Agreement Number PW-97-791-028" for construction CAG-97- of the corrosion control treatment facilities project. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS PRESENTED. CARRIED. The following ordinance was presented for first reading and referred to the Council meeting of 8/18/97 for second and final reading: Planning: Child Day Care An ordinance was read amending Sections 4-31-16.B.1, 4-31-16.B.2 and 4-31- Centers in the Commercial 16-B.4.g of Chapter 31, Zoning Code, of Title IV (Building Regulations) of Office Zone City Code by moving the day care center use from Administrative Conditional to Primary Use in the Commercial Office (CO) Zone. MOVED BY EDWARDS, SECONDED BY KEOLKER-WHEELER, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON 8/18/97. CARRIED. July 28. 1997 Renton City Council Minutes Page 254 Highgate Lift Station WO #45150 $10,000 Central Renton Sewer Replacement WO #45175 $65,000 SR-169 Stubs WO #45215 $30,000 1997 Long-Range Wastewater Management Plan WO #45245 $40,000. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Parker presented a report recommending approval of Claims Vouchers #149226 - 149769; two wire transfers in the total amount of $1,488,750.01; approval of Payroll Vouchers #153945 - 154325; and 489 direct deposits in the total amount of $1,288,234.82. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Planning & Development Planning & Development Committee Vice Chair Edwards presented a report Committee recommending that the full Council read and adopt the resolution declaring a Legal: Moratorium on moratorium on business licenses for adult bookstores as prepared by the City Adult Book Stores Attorney. MOVED BY EDWARDS, SECONDED BY CLAWSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. (See later this page for resolution.) Planning: Child Day Care Planning & Development Committee Vice Chair Edwards presented a report Centers in the Commercial regarding an amendment to the Commercial Office (CO) Zone for day care Office Zone centers. The Committee reviewed the Administration and Planning Commission recommendations to amend the regulations for child day care centers in the Commercial Office (CO) Zone. In recognition of the social need and amenity value of the use, the Committee recommended revising the CO Zone to move day care centers from Administrative Conditional Use to Primary Use. As a Primary Use, Day Care Centers would be allowed unconditionally in CO Zones throughout the City. MOVED BY EDWARDS, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Nelson presented a report Committee recommending concurrence in the staff recommendation to enter into a 60- Parks: Maplewood Golf month lease purchase agreement with John Deere for the purchase of Course Maintenance maintenance equipment for the Maplewood Golf Course. The City will retain Equipment, John Deere, ownership of the equipment at the end of the 60-month term. The CAG-97- Committee further recommended that the Mayor and City Clerk be authorized to execute this agreement once all required approvals are secured. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. ORDINANCES AND The following resolution was presented for reading and adoption: RESOLUTIONS Resolution #3271 A resolution was read declaring a moratorium on the permitting of adult Legal: Moratorium on bookstores, adult magazine stands, stores selling or renting adult movies, and Adult Bookstores adult novelty stores within defined geographical areas, establishing a public hearing date on August 18, 1997, to take testimony on whether the City should continue the moratorium, and establishing a termination date for the moratorium. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL ADOPT THE RESOLUTION AS AMENDED TO CORRECT SECTION VI.4. ON PAGE 4 TO READ AS FOLLOWS: "ONE THOUSAND FEET (1,000') OF ANY PUBLIC PARK, P-1 ZONE OR P SUFFIX ZONE." CARRIED. APPROVED BY • CITY COUNCIL Date '��'/7 PLANNING&DEVELOPMENT COMMITTEE • COMMITTEE REPORT July 28, 1997 CO Zone Code Amendment-Day Care Centers (Referred July 7, 1997) The Planning and Development Committee has reviewed the Administration and Planning Commission recommendations to amend the regulations for child Day Care Centers in the Commercial Office Zone. In recognition of the social need and amenity value of the use, the Committee recommends revising the CO Zone to move Day Care Centers from Administrative Conditional Use to Primary Use. As a Primary Use,Day Care Centers would be allowed unconditionally in CO Zones throughout the City. Timothy J. Schlitzer, Chair Bo• :►� rds ice hair g Parker,Member cc: Marilyn Petersen Sue Carlson Mike Katternann H:\DIVISION.S\P-TS\PLANNING\OD\DAYCARE\PDC RPT.DOC July 28. 1997 'ar Renton City Council Minutes Pane 251 of S. 3rd Street for the Renton River Days parade, and Wells Street between S. 2nd and 3rd for the Downtown Street Showcase event. PUBLIC HEARINGS This being the date set and proper notices having been posted and published Vacation: SE 5th St (N of in accordance with local and State laws, Mayor Tanner opened the public Maple Valley Hwy), hearing to consider a petition to vacate a portion of SE 5th Street north of Orff/VAC-97-004 Maple Valley Highway (Bruce Orff/VAC-97-004). Tom Boyns, Property Services Supervisor, explained that the vacation is being sought so the petitioner can build a house on the adjacent residential lot. Only if the vacation is approved will the petitioner secure sufficient frontage on SE 5th Street to meet lot frontage requirements. Mr. Boyns reported that this property was condemned by the State of Washington for the widening of Maple Valley Highway, and relinquished to the City of Renton in 1976. The right-of-way is unused and contains no utilities. Staff and the Board of Public Works recommend that the vacation be approved. Since the property was acquired under eminent domain and full compensation was paid, staff further recommends that the petitioner be charged full fair market value for the property. Audience comment was invited. Bruce Orff, 2930 SE 5th St., Renton, 98058, was concerned that although the estimated value of this property is only $5,500, he has been told he will have to pay for an appraisal that will cost approximately $1,800 to $2,400 to officially determine the property's fair market value. Mr. Orff questioned the cost of the appraisal as compared to the value of the property. MOVED BY PARKER, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. Councilman Parker inquired about the line of sight at the intersection of SE 5th and Maple Valley Highway. Mr. Boyns assured him that the sight distance is acceptable at this location, and that approving the requested vacation would not affect it. MOVED BY KEOLKER-WHEELER, SECONDED BY PARKER, COUNCIL APPROVE THE VACATION AS REQUESTED WITH THE PROVISO THAT FULL MARKET VALUE BE CHARGED FOR THE PROPERTY. COUNCIL ALSO DIRECT THAT STAFF RETURN WITH AN APPROPRIATE PROPOSED METHOD FOR DETERMINING THE PROPERTY'S VALUE. CARRIED. Planning: Child Day Care This being the date set and proper notices having been posted and published Centers in the Commercial in accordance with local and State laws, Mayor Tanner opened the public office Zone hearing to consider a proposed Zoning Code amendment to allow day care centers in the Commercial Office (CO) zone. Owen Dennison, Associate Planner, explained that day care centers (serving 13 or more children) are currently listed as an administrative conditional use in the Commercial Office (CO) zone. They are intended to serve a market area no larger than the continuous CO zone. The Boeing Company has expressed interest in building a day care center that would serve its employees in Renton and possibly the region. The facility would be located in the Employment Area-Valley designation area on a site • July 28, 1997 Renton City Council Minutes Page 252 currently zoned CO. It would not be allowed under the existing Zoning Code due to its siting and intended market area. The proposed amendments would list day care centers as secondary uses in the CO zone. Mr. Dennison reviewed the pertinent issues before Council on this subject, including whether day care centers should be allowed as a primary use in the CO zone. Audience comment was invited. There being none, it was MOVED BY PARKER, SECONDED BY EDWARDS, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. (See page 254 for Planning & Development Committee report on this subject.) ADMINISTRATIVE City Clerk Marilyn J. Petersen reviewed a written administrative report REPORT summarizing the City's recent progress toward goals and work programs adopted as part of its business plan for 1997 and beyond. Items noted included: * Additional steps are being taken to upgrade security measures at the new City Hall after an attack of vandalism resulted in the loss of goods and materials valued at over $5,000. * On August 5th, at least six Renton neighborhoods will join other communities across the nation in celebrating National Night Out, a crime prevention program that encourages interaction between neighbors and with area police officers. * The Renton Fire Department and the City of SeaTac are cooperating to conduct joint entry level tests for firefighters. The tests include a written exam, a physical agility test, and an oral interview. AUDIENCE COMMENT Marge Richter, 300 Meadow Ave. N., Renton, 98055, extended an invitation Citizen Comment: Richter for participation in "Put a Shine on Downtown Renton," the annual - Downtown Renton downtown-area clean-up before River Days. The clean-up will be held on Clean-up Friday and Saturday, August 1st and 2nd. Citizen Comment: Wolford Skip Wolford, 4126 SE 1st Pl., Renton, thanked the Council for planning to - Fee Waivers for Non- adopt a moratorium on adult bookstores, and encouraged people to picket in Profit Corporations front of the recently-opened adult bookstore in the Highlands. On another subject, Mr. Wolford commented on the request from Catholic Community Services for development fee waivers for a low-income housing project. He felt that approving such a fee waiver would not be an appropriate or wise use of public funds. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. CAG: 97-114, NE Sunset City Clerk reported bid opening on 7/22/97 for CAG-97-114, NE Sunset Blvd Channelization, Boulevard (SR-900) Channelization; two bids; engineer's estimate $42,577.50; Stripe Rite and submitted staff recommendation to award the contract to the low bidder, Stripe Rite, Inc., in the total amount of $29,882.50. Council concur. Streets: Monster Road Planning and Technical Services Division recommended acceptance of a deed Realignment Deed of of dedication from King County for the realignment of Monster Road Dedication from King adjacent to the Metro Treatment Plant. Council concur. County Solid Waste: 1997 King Solid Waste Utility submitted proposed interlocal agreement with King County County Funding for accepting $33,388 in non-matching funding for the 1997 Organics/Yard Waste Recycling Programs Program, the Business Recycling Program, and the Residential/Multi-family !. S ' N • ity f +�n a 1110,11:1!:!11,11111„1111,11111„11111111110:11111i.i11111iiiiiiiiibmilipiiNimi,'!b].,:iesiA.. .::.. ._:..,::-...Jr...1:.:::;P,,::,,,,,N,, ,,,,,„,,M,„:,„:„::::::„::::,i—„::,:,.,.::::::„:::,.•:..„.H .iiiiitli..i.III. .!:i!i'hliii!qy..Eo!!..,!,i ZONING CODE.AMENDI ENT. DAY CARE;CENTERS IN T'HE CO ZONE PUBLIC HEARING': .. ...: For additional information,please contact: City of Renton Planning and T` chni,cal $OtOc s # �T7:24�5 <:: :': `':. »,>. `>` .» > : .:.... DESCRIPTION OF PROPOSAL Day Care Centers are defined in the Zoning Code as a"day care operation licensed by the State of Washington(WAC 388-73-014),for thirteen(13)or more children in any 24 hour period." Day Care Centers are currently listed in the Commercial Office (CO) Zone as an Administrative Conditional Use with specific conditions if the facilities are located in afree-standing structure, i.e., not housed in a building with primary uses. These conditions include: 1) a physical connection to a primary use; 2) a building orientation to.the primary use structures; 3) vehicular access from within the site. All Day Care Centers are ntended to serve a market area no larger than the continuous CO Zone. Family Day Cares, day care operations for 12 or fewer children in any 24 hour period, are a Primary Use in the CO Zone. The City has received an inquiry regarding a proposed day care center that would serve corporate employees city- or region-wide. The facility is proposed to be free-standing and sited independently of other Primary use structures. The proposed site is in the Employment Area- Valley and zoned CO. The proposal would not be allowed under the existing CO Code due to its siting and intended market area. The proposal has raised questions regarding the justification for the existing CO Zone Code conditions and use category for Day Care Centers in the EA V and city- wide. Proposed amendments would move the use from Administrative Conditional Use to Secondary Use in the CO Zone. As proposed, existing specified conditions would continue to apply outside of the Employment Area-Valley. Making Day Care Centers a Primary use, i.e., removing all conditions, is also an option under consideration. COMPREHENSIVE PLAN The Employment Ar and Employmen Area-rt t Valley.CO (see attached map) Zone implements two land use Both designations, designations allow the development of land uses that suppo primary office uses. The Employment Area-Valley appears to provide ea-Officemore latitude in the locatitheon of these supporting uses. ISSUES • Is the current level of regulation of Day Care Centers in the Commercial Office (CO) Zone necessary? • Should any regulatory distinction be made between Day Care Centers in the CO Zone that are free-standing and those that are housed within a primary use structure? • Should Day Care Centers be allowed outright as a Primary use in the CO Zone? • Should the CO Zone provide a greater degree of regulatory latitude for Day Care Centers within the Employment Area Valley land use designation than without? Commercial Office Zone Locations Plglelfi _ tik FAKiph -1 7-r in 1n� l- c:::: iiift,*, 1 t_ •,:!:! --1 all ‘ 0 I 0 so \ i:, ��J :41111II4, I�� terall 111„,TF,./ , iak. 1mm osi , /A ''''t4 .1::::::::!i-....r ;.-Tr ,, -Iiiiiw._ is II !low **------x- wsiarvii _..idnil I ‘ ::§1.•.;:K:killiiimmik::;:•:•e• -41111116iiiiiiiM,' mil oilp INII‘ C liga iii !ft_ \16 ''" •.......................... ..................„... ,:.:+::.:.:%.:.:..:.:.:• .x..:.:.:.. :.x:::•:.::::.:.::::.:.::: :.::::.::::; t§::::i:I::::::i::::K::: ........ .......:..:.::::::.x:, •.:.:....x....:.:... ::::::::::::::::::::::: ::::.::::::.::::::.:::: :::..::.:.:.::.:.:.::. ,:.:,:,:t:::!.:.m..... r;; mi. ktIr VI ,mr- \-1 ...:.:.:..:.:.:..:.:.:.:..:.:.:% .v....:•:.:.;_.....;.n . i . '.*:......'".. "1,‘ IN *****.r , yRa,. ❖:•::•:::::•:•• CO Zones v~ o,{, Planning and Technical Services ♦ Planning/Building/Public Works EAV Boundary O. Dennison, R. MacOnie T4'N,r% 12 March 1997 0 3,000 6,0 0 0 1 :36,000 1 0 2 0 CODE AMENDMENT Day Care Centers in the CO Zone 3 0 DAY CARE CENTERS • State licensed day care operations serving 13 or more children per day 4 0 CO ZONE Administrative CU, subject to: • Physical connection to a primary use • Building orientation to primary use structures • Vehicular access from within site • Designed &intended to serve continuous CO Zone 5 CO Zone • Family Day Care: serving 12 or fewer children per day • Primary Use 6 0 OTHER ZONES • Hearing Ex. CU in Residential Zones, IM, IH • Admin. CU in IL • Secondary use in COR • Primary use in CA, CD, CS, CC • Not permitted in CN 7 0 PROPOSED PROJECT • Day care center serving corporate employees region-wide • Separate, independently sited structure 8 0 PROPOSED AMENDMENT • Move Day Care Centers from ACU to Secondary Use • Exempt EAV from specified conditions • Primary Use discussed with Planning & Dev. Committee 9 0 POLICY CONTEXT CO Zone implements EAO and EAV • EAO allows supporting commercial Encourages groundfloor location within office buildings • • EAV also allows supporting commercial in CO > No direction for siting 10 0 ISSUES • More latitude in CO Day Care Center regulations? • Only in EAV or city-wide? • Primary, Secondary or Conditional use? 11 0 12 0 ISSUES: CONDITIONAL USE • CUs require review to establish conditions to mitigate impacts & assure compatibility • Minimal impacts & compatibility issues • Primary or Secondary Use 13 0 ISSUES: EASE CONDITIONS • Existing conditions appear consistent with EAO policies • Implementation of EAV would not require differentiating free-standing and integrated day care center facilities • At the least, more latitude in the EAV 14 0 COUNCIL ACTION • Ordinance will be presented for first reading August 4 • Planning & Dev. Committee report 15 0 • July 7. 1997 4.,,42enton City Council Minutes Page 221 CRT: 97-010, Mostrom v. Court Case filed by Thomas D. Dinwiddie, 902 S. 10th St., Tacoma, 98405, on Renton et al (re Leony behalf of Sherri Mostrom, guardian for Leony Cuny, a minor, v. the City of Cuny) Renton, Jeffrey Allen and Jane Doe Whitaker, Christian Eric and Jane Doe Foss, the State of Washington, the Washington State Department of Transportation, King County and Allstate Insurance Company. Plaintiff alleges negligence on the part of all named respondents in relation to Leony Cuny being struck by an automobile owned by Christian Foss and driven by Jeffrey Whitaker while attempting to cross Maple Valley Highway on 6/28/94. Refer to City Attorney and Insurance Services. CAG: 96-111, Carco Community Services Department submitted CAG-96-111, Carco Theatre • Theatre HVAC HVAC Replacement project; and requested approval of the project, Replacement, United authorization for final pay estimate in the amount of $8,717.14, Systems commencement of 60-day lien period, and release of retained amount of $4,323.19 to United Systems, Inc., contractor, if all required releases are obtained. Council concur. Zoning: Child Daycares in Planning and Technical Services Division recommended approval of proposed CO Zone & Employment amendments to the Zoning Code regarding day care centers to transfer day Area-Valley Zone care centers and existing specified conditions from Administrative Conditional Use to Secondary Use under the Commercial Office Zone, and to exempt day care centers from compliance with existing specified conditions under the Employment Area-Valley Zone. Refer to Planning & Development Committee; set public hearing for 7/28/97 to consider the changes. Parks: River Rock HVAC Community Services Department recommended acceptance of low bid System, Emerald Aire, submitted by Emerald Aire, Inc. for heating/air conditioning improvements at CAG-97- River Rock Grill and Ale House kitchen at Maplewood Golf Course in the total amount of $38,810; project funding derived from golf course revenue. Council concur. MOVED BY KEOLKER-WHEELER, SECONDED BY EDWARDS, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE Correspondence was read from David B. Berg, Traffic Operations Engineer Citizen Comment: - Ramp for the Washington State Department of Transportation (WSDOT), stating that Metering Equipment on WSDOT will remove any ramp metering signals on on-ramps within the City I-405 of Renton, as requested by Mayor Tanner in a letter dated May 12, 1997. Citizen Comment: Camerer Correspondence was read from Susan M. Camerer, Program Correspondence wa (Catholic Community Vision Special Needs Housing, PO Box 2951, Renton, 98056, requesting a fee Services) - Permit Fee waiver for a proposed development on the west side of Union Ave. NE, north Waiver Request of NE 4th St., to serve homeless single women and children. MOVED BY NELSON, SECONDED BY PARKER, COUNCIL REFER THIS CORRESPONDENCE PTO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Development Services: Noting that the City recently received two different requests for permit fee Policy for Permit Fee waivers for non-profit developments, it was MOVED BY NELSON, Waiver Requests SECONDED BY PARKER, COUNCIL REFER THE MATTER OF WAIVING FEES FOR NON-PROFIT ORGANIZATIONS TO THE COMMUNITY SERVICES COMMITTEE. CARRIED. Citizen Comment: Jachim Correspondence was read from Lillian Jachim, resident of Houser Terrace, - Praise for Renton 3151 NE 16th St., Apt. #336, Renton, 98056, congratulating the City of Renton for making life better for its citizens. • cwi'Y OF RENTON COUNCIL AGENDA) L AI#: (7 . Ili . Submitting Data: Planning/Building/Public Works For Agenda of DepVDiwBoard.. Planning and Technical Services July 7, 1997 Staff Contact Mike Kattermann, Director(ext. 6190) Agenda Status Owen Dennison, Associate Planner Consent. X Subject: Public Hearing... ZONING CODE AMENDMENT Correspondence.. Day Care Centers in the Commercial Office Zone Ordinance Resolution. Old Business Exhibits: New Business Issue Paper Study Sessions Information. Recommended Action: Approvals: • Refer to Planning and Development Committee Legal Dept. X • Set Public Hearing for July 28, 1997 Finance Dept. Other Fiscal Impact: Expenditure Required... N/A Transfer/Amendment. Amount Budgeted N/A Revenue Generated. Total Project Budget N/A City Share Total Project.. Summary of Action: Day Care Centers are licensed day care operations serving thirteen or more children in any twenty-four hour period. The use is currently listed in the CO Zone as Administrative Conditional and subject to certain specified conditions if the operation is not located within a primary use structure. These conditions include: 1) a physical connection to a primary use; 2) a building orientation to the primary use structures; 3) vehicular access from within the site. In addition, all Day Care Centers in the CO Zone are required to be designed to serve the immediate zone market area. The City has received an inquiry regarding a day care center proposed for a site in the Employment Area-Valley land use designation that is intended to serve corporate employees city- or region-wide. The proposal is not consistent with either the site design nor market area Code criteria. As a result of the inquiry,the existing Day Care Center regulations are being reviewed for consistency with the intent of the policies of both the Employment Area-Valley and the Employment Area-Office designations. STAFF RECOMMENDATION: • Staff recommends that the CO Zone be amended to move Day Care Centers and the existing specified conditions from Administrative Conditional use to Secondary use. Staff also recommends that Day Care Centers in the Employment Area-Valley be exempted from compliance with existing specified conditions. H:\DI VISION.S1P-TS\PLANNING\OD\DAYCARE\AGNBILL.DOC CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 30, 1997 TO: Kathy Keolker-Wheeler,President Members of the Renton City Council VIA: Jesse Tanner,Mayor FROM: Gregg Zimmerman,Administrator 6• , Planning\Building\Public Works Department STAFF CONTACT: Mike Kattermann,Director Planning and Technical Services Division SUBJECT: Code Amendment-Day Care in the Commercial Office Zone ISSUE: Is the current level of regulation of Day Care Centers in the Commercial Office(CO)Zone necessary? Should any regulatory distinction be made between Day Care Centers in the CO Zone that are free- standing and those that are housed within a primary use structure? Should Day Care Centers be allowed outright as a Primary use in the CO Zone? Should the CO Zone provide a greater degree of regulatory latitude for Day Care Centers within the Employment Area Valley land use designation than without? RECOMMENDATION: • Amend the CO Zone to move the Day Care Center use from the Administrative Conditional to the Secondary use category. • Remove existing conditions for new Day Care Center development within the Employment Area- Valley land use designation. • Maintain existing conditions for Day Care Centers, both free-standing and incorporated in a primary use structure,outside the Employment Area-Valley. BACKGROUND SUMMARY: Day Care Centers are defined in the Zoning Code as a 'thy care operation licensed by the State of Washington(WAC 388-73-014),for thirteen(13)or more children in any 24 hour period." Day Care Centers in CO June 30, 1997 Page 2 The Zoning Code adopted in 1993 listed Day Care Centers as Secondary Uses in the CO Zone. The facilities were required to be housed in a primary use structure and designed to serve the immediate market area. During the Errata process that followed adoption of the Zoning Code, the CO Zone was amended to make Day Care Centers an Administrative Conditional Use with specific conditions if the facilities were in a free-standing structure. These conditions include: 1) a physical connection to a primary use; 2) a building orientation to the primary use structures; 3) vehicular access from within the site. The requirement for a continuous zone market area was maintained for all Day Care Centers in the CO Zone. The City has received an inquiry regarding a proposed day care center that would serve corporate employees city- or region-wide. The facility is proposed to be free-standing and sited independently of other Primary use structures. The proposed site is in the Employment Area-Valley and zoned CO. The proposal would not be allowed under the existing CO Code due to its siting and intended market area. The proposal has raised questions regarding the justification for the existing CO Zone Code conditions and use category for Day Care Centers in the EAV and city-wide. Comprehensive Plan Depending on the location, the CO Zone implements the policies of both the Employment Area-Office (EAO) and the Employment Area Valley (EAV). The EAO policies, providing direction for CO Zones outside of the EAV, state that supporting services should be encouraged to locate on the ground floor of office and parking structures. (Policy LU-185) The EAV policies also promote the development of auxiliary commercial uses in office and industrial zones. (Policy LU-212.10) However, no direction in the EAV policies, explicit or implied, is provided with regard to the siting of supporting commercial uses within Primary use structures. Issues Is the current level of regulation of Day Care Centers in the Commercial Office (CO) Zone necessary? The Administrative Conditional Use category is typically reserved for uses anticipated to create compatibility issues with surrounding land uses. Day Care Centers will not likely result in significant detrimental impacts to neighboring uses, either within the same structure or in adjacent structures. If located within the same building as office uses, impacts could be controlled through the property management. Impacts to uses in adjacent buildings are anticipated to be no more significant than those generated by Primary uses. Therefore, the Administrative Conditional Use review process appears to be unnecessarily rigorous. Alternatives would include Primary use or Secondary use with existing or redefined conditions. Should any regulatory distinction be made between Day Care Centers in the CO Zone that are free- standing and those that are housed within a primary use structure? Should Day Care Centers be allowed outright as a Primary use in the CO Zone? If Day Care Centers are made a Primary permitted use, the distinction between free-standing uses and those incorporated within office structures will be removed, as will the requirement that the use primarily serve the surrounding CO Zone. While the EAV policies do not distinguish between free-standing and internal uses, the EAO policies do. However, supporting commercial uses are only `bncouraged"to locate within office or parking structures. Staff requests Council direction on whether this is a sufficient policy direction to maintain the existing Code conditions for CO Zones in the EAO. An additional consideration is that CO Zones in EAO designations are generally small, segregated, generally developed Day Care Centers in CO June 30, 1997 "NW Page 3 and proximate to CA Zones where the use is permitted outright. Consequently, greater latitude in the Code may not translate to additional development opportunities. If the existing conditions are removed, staff have concerns over whether the change may set a precedent for allowing free-standing commercial uses in the EAO designation, what detriment, if any, it may cause to the character of office areas and whether the City can afford to lose CO land to a lower intensity, i.e., single story,use. A related question is whether there should be a distinction between day care facilities and other commercial uses in the zone. Day care may be sufficiently different from a mini-mart or bank branch operation to allow more flexibility in siting. The relative importance of the use may be a question of its social value. If the Council perceives a public benefit to encouraging day care close to the workplace,the use may be considered outside the strict policy context. Since Family Day Care, day care operations serving twelve or fewer children, is currently a Primary permitted use,the existing distinction is based on the scale of the day care use. Is the difference between a facility serving 12 children and a facility serving 25 sufficient to restrict the location of the latter? Should the CO Zone provide a greater degree of regulatory latitude for Day Care Centers within the Employment Area Valley land use designation than without? The EAV land use designation was intended to create a less segregated employment area than elsewhere in the City. EAV policy LU-212.2 notes that "compatible and related land uses should be encourage to locate in proximity to one another." As Day Care Centers would seem both compatible and related to the office functions in the Valley and would support the employment area concept, providing greater latitude in the location of such uses appears justified. Additionally, Policy LU-2212.10 encourages commercial uses as secondary uses in industrial and office. As noted above, no direction is provided on where these uses should be sited. The intent of the EAV policies has been interpreted to mean that the primary office uses may be interspersed with commercial uses where those uses clearly support the employment area functions. Whether the existing Code conditions are maintained for areas designated EAO, the EAV policies appear to support the removal of existing conditions on new Day Care Center development in the Valley. CONCLUSION: The existing review process for Day Care Centers appears to be excessive, given the relatively minor compatibility issues associated with the use. Alternatives would be Primary or Secondary uses. The Secondary use category would be appropriate if the Council believes that Day Care Centers require some conditions on location, siting or operation. Existing Code conditions regulate the intended market area and the siting of the use. • The Employment Area-Valley designation is intended to provide more latitude for commercial uses than other non-commercial employment areas. The EAV policies appear to support the development of Day Care Centers without conditions. However, the EAO policies may be sufficiently implemented by the existing regulations. Unless the Council opts for a less strict interpretation of the policies or wishes to provide additional inducement for new Day Care Centers by easing the current regulations, no change is proposed for the EAO areas. attachments H:\DIVISION.S\P-TS\PLANNING\OD\DAYCARE\ISSUE 1.DOC Commer al Office Zone -Locations , 1' Wc(44 ' -1 ' -' II .:K: , itg„a. . , ,) ,,,I, -, A._,2,.:3 / ' Iv" - .r.% la .4, / Ariarq. *NI_ Millie 1"k4 .,.....Nowiff - iiki§........ . 11111g1W. IIII. Clip 111111V ..) IIIIpip NI.* •::..:•:t_.-111.--___tior, 11 ,:::.:_ _____iaimh,l , w S' 11".0;:.::.$:-:•:-:•:---::-:1:1-:i-::••:% :.:I:.c.::killic.:::::::::::::::%I; • • iiii:•ii`i::❖:•❖ • is ) pi ill. % - --X-\111-rEN \--I r- 1 • r .:„::.:.:.. .�y ii�i :i:i: : C 0 zones Gti o Planning and Technical Services ............ + Planning/Building/Public Works EAV Boundary O. Dennison, R. MacOnie �'FN�o'� 12 March 1997 0 3,000 6,0 0 0 1 '36,000 PROPOSAL DESCRIPTION Proposed CO Zone Code Amendment: Day Care Centers EXISTING CODE: (to be deleted) 4 3T-4.6.B.4.—Adminiatmtive-Conditional-rises: g. Day Care Center: (1} }y freestanding•damare-eentef-must-be physically-e©nneeted-te-a wal way. 2��_� T{.,�� ter• tended and de ea to d + 7���cur'c$circcrisiirc cv3rn'c.Zric aiarrvarucc structure(s). (4) Vehicula. ccess t^^ f eest d s« t, li fr^ ithin+h, uvwau cv cui� wouuauiia�ociucsury muara-vi. PROPOSED CODE 4-31-16.B.2. Secondary Uses: t. Day Care Center: (1) Any freestanding day care center must be physically connected to a primary use by any of the following means: a shared roof line,a paved pedestrian walkway on the interior of the primary use's site,or a covered walkway, (2) The day care center is intended and designed to serve the immediate market area(i.e.,continuous CO Zone). (3) Any freestanding day care center structure shall be oriented to the primary use structure(s). (4) Vehicular access to any freestanding structure shall be from within the site. (5) Day care centers located within the Employment Area-Valley land use designation are exempt from conditions 1 through 4,above. • • n,U 0:1L co(D6 /AmENi r rJr- (DPI Y c-PrrLE c 4(tT2- C_p ?r, Perkins Coie Attu_.. Laura N. Whitaker • 1201 Third Avenue, 40th flr. Seattle, WA 98101-3099 The Boeing Company Attn. Elizabeth Warman PO Box 3707- Seattle, WA 98124-2207 • p�l Gam- Itiu(0/4'c._, ` OM rt / `"LA'l • J" j 1 fq7 .1410, LOCATIONS OF POSTINGS DONE ON 7141 , 1997. 3. , jIu itm ACk CERTIFICATION STATE OF WASHINGTON) ss COUNTY OF KING ) I `-4��`�� ,6Chc) HEREBY CERTIFY THAT 3 COPIES OF THE ABOVE NOTICE WERE POSTED BY ME IN THREE OR MORE CONSPICUOUS PLACES ON THE PROPERTY DESCRIBED AND TWO COPIES WERE POSTED AT THE RENTON MUNICIPAL BUILDING, 200 MILL AVENUE S., RENTON, WA ON DATE OF J(A-4u c I qq 17 SIGNED SUBSCRIBED AND SWORN TO BEFORE ME this 1®q-`'r day of `1 , 19 cm Notary Public in and for the State of Washington, residing at CITY OF RENTON NOTICE OF PUBLIC HEARING RENTON CITY COUNCIL NOTICE IS HEREBY GIVEN that the Renton City Council has fixed July 28, 1997, 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: Zoning Code Amendment - Day Care Centers in the Commercial Office Zone All interested persons are invited to attend the hearing and present oral or written comments in support or opposition to the proposal. The Municipal Building is fully accessible, and interpretive services for the hearing impaired will be provided upon prior notice. Please call 235-2501 for additional information or 277-4453 TDD. Marilyn J sen City Clerk Published: South County Journal July 11, 1997 Account No. 50640