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HomeMy WebLinkAboutCouncil 11/08/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING November 8, 2004 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION: Water Resource Inventory Area (WRIA) 8 Draft Chinook Plan 4. PUBLIC HEARINGS: a. Planned Action for redevelopment of the surplus Boeing property located at the south end of Lake Washington b. 2005 City of Renton revenue sources and preliminary budget 5. APPEAL: Planning & Development Committee Report re: Sunset Bluffs Preliminary Plat INABILITY OF THE CITY COUNCIL TO TAKE TESTIMONY ON APPEALS DURING THE CITY COUNCIL MEETING State law requires that the City establish a process to handle appeals from application of environmental and developmental rules and regulations. The Renton City Council, feeling it was best for the elected representatives to handle the appeals rather than require citizens to go to court, has retained appellate jurisdiction to itself. The courts have held that the City Council, while sitting as an appellate body, is acting as a quasi-judicial body and must obey rules of procedure of a court more than that of a political body. By City Code, and by State law, the City Council may not consider new evidence in this appeal. The parties to the appeal have had an opportunity to address their arguments to the Planning & Development Committee of the City Council at a meeting previously held. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns to the Planning & Development Committee, the City Council may not consider oral or written testimony at the City Council meeting. The Council understands that this is frustrating to citizens and is outside the normal process of open discourse provided to citizenry during the audience comment portion of the City Council meeting. However, this burden of not allowing the Council to be addressed concerning pending appeals is outweighed by the quick, easy, inexpensive and local appeal process provided by the Renton City Council. 6. ADMINISTRATIVE REPORT 7. AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The comment period will be limited to one-half hour. The second audience comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and address for the record, SPELLING YOUR LAST NAME. 8. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. (CONTINUED ON REVERSE SIDE) a. Approval of Council meeting minutes of November 1, 2004. Council concur. b. City Clerk reported bid opening on 10/26/2004 for the sale of old Fire Station #12, located at 901 Harrington Ave. NE; one bid; minimum acceptable bid $427,500; and submitted staff recommendation to sell the property to the bidder, Eric and Jie Haywood, in the amount of $427,500, plus excise tax. Council concur. c. Community Services Department recommends approval of a three-year lease and caretaker's agreement with Leroy Coffman to perform caretaker duties and pay $500 in rent per month for the Edlund/Korum property on Carr road, which the City purchased for future development of a park. Refer to Finance Committee. d. Economic Development, Neighborhoods and Strategic Planning Department submits 10% Notice of Intent to annex petition for the proposed Querin Annexation, and recommends a public meeting be set on 11/22/2004 to consider the petition; 10.14 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and SE 114th Pl. Council concur. e. Economic Development, Neighborhoods and Strategic Planning Department submits 60% Notice of Intent to annex petition for the proposed Maplewood East Annexation, and recommends a public hearing be set on 11/22/2004 to consider the petition and R-4 zoning; 26.14 acres located in the vicinity of 152nd Ave. SE, 156th Ave. SE, and SE 136th St. Council concur. f. Hearing Examiner recommends approval of a rezone of a 6.68-acre site located at 1700 NE 28th St. from R-8 (Residential Single Family, eight dwelling units per acre) to R-8 with a P-suffix designation; R-04-101 (Kennydale Elementary School). Council concur. 9. CORRESPONDENCE 10. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: 2004 Neighborhood Grants (2nd Round) b. Finance Committee: Vouchers; Gene Coulon Park Boat Launch Repair Project c. Transportation (Aviation) Committee: Pro -Flight Aviation Lease Addendum 11. RESOLUTIONS AND ORDINANCES Ordinance for first reading: Designating a Planned Action for the Lakeshore Landing Development (see 4.a.) 12. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 13. AUDIENCE COMMENT 14. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Chambers 5:30 p.m. 2005 Budget Presentation and Deliberations • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RE-CABLECAST TUES. & THURS. AT 11:00 AM & 9:00 PM, WED. & FRI. AT 9:00 AM & 7:00 PM AND SAT. & SUN. AT I:00 PM & 9:00 PM RENTON CITY COUNCEL Regular Meeting November 8, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Kathy Keolker-Wheeler called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Council President; RANDY CORMAN; TONI NELSON; COUNCILMEMBERS DAN CLAWSON; DENIS LAW; TERRI BRIERE; MARCIE PALMER. CITY STAFF IN KATHY KEOLKER-WHEELER, Mayor; JAY COVINGTON, Chief ATTENDANCE Administrative Officer; LAWRENCE J. WARREN, City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; JENNIFER HENNING; Principal Planner; JASON JORDAN, Senior Planner; RONALD STRAKA, Utility Engineering Supervisor; ALEX PIETSCH, Economic Development Administrator; BEN WOLTERS, Economic Development Director; VICTORIA RUNKLE, Finance and Information Services Administrator; SYLVIA DOERSCHEL, Finance Analyst Supervisor; JILL MASUNAGA, Finance Analyst III; DEREK TODD, Assistant to the CAO; COMMANDER CHARLES MARSALISI, Police Department. SPECIAL PRESENTATION Jane Lamensdorf-Bucher, Watershed Coordinator; Jean White, Early Action ESA: WRIA 8 Draft Chinook Projects Coordinator; and Sally King, Land Use Coordinator; with King County Salmon Conservation Plan Water Resource Inventory Area 8 (WRIA 8) gave a presentation on the Draft Chinook Salmon Conservation Plan for the Lake Washington/Cedar/Sammamish Watershed. Ms. Lamensdorf-Bucher stated that salmon in the watershed are threatened. Puget Sound Chinook and Bull Trout are listed on the Federal Endangered Species Act, and Puget Sound Colic, are a candidate for possible listing. She noted that one of the reasons for the decline in salmon is habitat degradation and loss. Ms. Lamensdorf-Bucher explained that the main bodies of water in WRIA 8 are the Cedar River Basin, Sammamish River Basin, Lake Washington, Lake Sammamish, and Puget Sound Nearshore. She detailed the related efforts of WRIA 9 and Puget Sound Shared Strategy, and explained that WRIA 8 is made up of the Steering Committee, which oversees development of the plan, and the Lake Washington/Cedar/Sammamish Watershed Forum, which reviews and approves the plan. Reporting that the public review draft of the plan will be released on November 12th, Ms. Lamensdorf-Bucher reviewed the content of the plan and the recommendations for implementation, noting the importance of local government input. After public and local review, the final Chinook plan will be submitted to the WRIA 8 Forum in February 2005, and then to the jurisdictions in May 2005. She indicated that Federal and State funding sources can be better influenced by working together as a unified watershed. Continuing, Ms. White discussed the habitat protection and restoration projects that are recommended in this area. Explaining that the lower Cedar River and Southern Lake Washington areas are very important for the Chinook, she pointed out that restoring conditions in Lake Washington are as beneficial as restoring the lower Cedar River. Ms. White detailed the current habitat conditions and made recommendations as to how to improve the conditions for November 8, 2004 Renton City Council Minutes Page 389 the various sections in this area, including the Maplewood Reach 4 (SR-169 area), Cedar River Reach 2 (Logan Ave. to I405), Cedar River Reach 3 (1-405 to SR-169), mouth of the Cedar River Mouth to Logan Ave. (Reach 1), and Southern Lake Washington. Continuing, Ms. King reviewed land use actions, and pointed out that they should be voluntary, should build on existing efforts such as the Growth Management Act and critical areas ordinances, should focus on incentives, and should encourage growth in urban areas. Listing the land use recommendations for the lower Cedar River area, she noted that Renton's efforts to encourage growth and revitalize its urban center helps protect rural salmon habitat. Recommendations for land use include enforcement, encouraging redevelopment restoration through regulatory flexibility and incentives, and using tools such as stormwater management, clustering, and low impact development for riparian areas and forest cover and open space. Ms. King listed the land use action recommendations for the southern Lake Washington shorelines, which include protecting the remaining shoreline through critical areas ordinances and the Shoreline Master Program, prohibiting new bulkheads, and following NOAA Fisheries (National Marine Fisheries Service) salmon -friendly dock guidelines. In conclusion, Ms. Lamensdorf- Bucher expressed her appreciation with Renton's involvement in the development of the salmon conservation plan. Councilman Clawson, who represents the City in this effort, stated that the speakers have been responsive to Renton's concerns. He stressed that recovering the Chinook salmon in this urban area is very challenging, and it will take a group effort. Chief Administrative Officer Jay Covington stated that a lot of work went into this plan, and noted that the region and the State will benefit from the work that has been done. PUBLIC HEARINGS This being the date set and proper notices having been posted and published in Planning: Planned Action accordance with local and State laws, Mayor Keolker-Wheeler opened the (Lakeshore Landing), Boeing public hearing to consider the Lakeshore Landing Planned Action for Surplus Property redevelopment of the surplus Boeing property located at the south.end of Lake Washington; Developer: Center Oak Properties, LLC. Jason Jordan, Senior Planner, described the subject area, which is located north of N. 8th St., east of Logan Ave. N., and west of Garden Ave. N. He reviewed the project history as follows: —Environmental Impact Statement (EIS) completed in October 2003. —Comprehensive Plan Amendment completed in December 2003. —The City and Boeing established a development agreement in December 2003. —The development agreement included a conceptual urban retail plan. —The conceptual urban retail plan was approved in October 2004. Mr. Jordan explained that the conceptual plan is approximately 53 to 55 acres, including the right-of-way area. Approximately eight acres of the site will be utilized to create new public streets and access ways, including a parkway design with landscaped medians for the extension of Logan Ave. N., the realignment of Park Ave. N., and the extension of N. 8th and N. 10th Street. The developer is proposing high quality retail, office, and residential opportunities. Mr. Jordan reported that the development will be predominately retail, designed to Urban Center North Development Standards, and required to meet the new Urban Center Design Guidelines. November 8, 2004 Renton City Council Minutes Page 390 Continuing, Mr. Jordan said the conceptual plan ranges from 597,000 to 800,000 square feet, and the potential tenants may include a large format retailer, a movie theater, and a mix of specialty tenants and restaurants. He also reviewed the potential building's bulk, size, and scale. Mr. Jordan stated that staff requests approval of Planned Action legislation, which would be combined with the approved EIS and development agreement. The legislation will streamline the permitting process by utilitizing existing environmental documentation as allowed by RCW 43.21C.031 and WAC 197-11-164, 168, and 315. Public comment was invited. Correspondence was read from Richard D. Zwicker, North Renton Neighborhood Association President, PO Box 326, Renton, 98057, stating that the association offers support and assistance in the development of the Lakeshore Landing project. He noted that the project will be located in one of the oldest neighborhoods in the City, and asked that care be taken in the development of properties between N. 6th and N. 8th Streets, which will be the sole buffer between the neighborhood and the shopping center. Additionally, Mr. Zwicker asked that Logan Ave. N. be opened and connected to Park Ave. N., and that the City mitigate the negative impact of the impending construction. Ray Giometti, 323 Pelly Ave. N., Renton, 98055, stated that redevelopment of the Boeing property represents an opportunity for the City of Renton to establish its vision for responsible growth in the future. However, the future growth should not negatively impact the City or its residents. Mr. Giometti asked that North Renton neighborhood be taken into consideration during this process, and recommended that Logan Ave. N. be extended and opened in the first phase of development. He expressed concern regarding the peak traffic figures expressed in the EIS, and the haste at which this project is going forward. Mr. Giometti indicated that failure to address traffic issues now will result in future development of the site exceeding original traffic estimates and creating future traffic problems in the City. Mike O'Donin, 423 Pelly Ave. N., Renton, 98055, expressed his excitement about the project, saying it is a great opportunity for the City. Mr. O'Donin suggested that Logan Ave. N. be opened as soon as possible, and he voiced his concern about the flow of traffic and the safety of children, noting that people drive through the surrounding side streets in order to avoid the traffic signals. George Daniels, 215 Garden Ave. N., Renton, 98055, stated that the North Renton Neighborhood Association is growing, and the neighborhood wants to be a part of the development process. He expressed his excitement for the project, and asked that the City stay on task, stay within the laws, consider the neighborhood's needs, and grow effectively rather than just grow for the sake of growth. Larry Reymann, 1313 N. 38th St., Renton, 98055, stated his hope that the project interfaces with Gene Coulon Park, and emphasizes and extends the natural habitat as much as possible. He suggested that the development be pedestrian friendly, and utilize mass transit to enhance the future of this entire area. Fred Bruning, Center Oak Properties President, 649 NW 12th St., Gresham, OR, 97030, stated his intent to create a very pedestrian -friendly and November 8, 2004 Renton City Council Minutes Page 391 community -friendly development, and noted that the project is moving forward quickly due to competition for key tenants. Mr. Bruning said Center Oak Properties' goals are to: create a project the City of Renton and the community will be proud of, make sure that the project connects very well with the greater community, and vitalize the historic downtown area. He stressed that Center Oak Properties welcomes comments and takes them to heart. Alex Pietsch, Economic Development Administrator, stated that in the development agreement with Boeing, the City agreed to construct new roads, and new water, stormwater, and sewer utility lines. This includes the extension of Logan Ave. N. to Park Ave. N., which will occur in conjunction with the construction of this project. There being no further public comment, it was MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. MOVED BY BRIERE, SECONDED BY PALMER, COUNCIL ADOPT THE PLANNED ACTION LEGISLATION AS DRAFTED BY THE CITY ATTORNEY, WHICH ALLOWS THE DEVELOPER TO UTILIZE THE EXISTING ENVIRONMENTAL DOCUMENTATION AS REDEVELOPMENT OF THE SITE OCCURS, AND REQUIRES THE DEVELOPER TO COMPLY WITH THE APPROVED EIS, CONCEPTUAL URBAN RETAIL PLAN, APPROVED DEVELOPMENT AGREEMENT, AND URBAN CENTER NORTH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES. CARRIED. Budget: 2005 Annual City of This being the date set and proper notices having been posted and published in Renton accordance with local and State laws, Mayor Keolker-Wheeler opened the public hearing to consider 2005 City of Renton Preliminary Budget and revenue sources. Victoria Runkle, Finance and Information Services Administrator, reported that the proposed 2005 Budget, in the amount of $149,392,500, is a one percent increase above the 2004 Budget. The General Governmental Budget, in the amount of $69,106,300, comprises 46% of the total budget and is a 4.7% increase above the 2004 Budget. Ms. Runkle pointed out that the general fund revenues are estimated to be lower than expenditures by $1.1 million, and available fund balance is anticipated to be used to meet the expenditures. Continuing, Ms. Runkle stated that the 2005 Budget priorities include implementation of the REACT and RENSTAT programs, lowering internal service and management service levels, and changing service levels that can be provided in a different way. She noted that the enterprise funds (water, sewer, surface water, solid waste, golf course and airport) comprise 34% of the total budget. The proposed 2005 Budget includes a 1.6% increase in City water and sewer service rates, and a pass -through King County waste treatment rate increase. Concluding, Ms. Runkle stated that a one percent property tax levy increase is recommended for 2005, and the 2005 total property tax levy is estimated to be $21 million. She pointed out that since the total property tax assessed valuation is decreasing, the City's tax rate will decrease by at least two cents per thousand. November 8, 2004 Renton City Council Minutes Page 392 Public comment was invited. There being none, it was MOVED BY LAW, SECONDED BY PALMER, COUNCIL CLOSE THE PUBLIC HEARING. CARRIED. APPEAL City Attorney Larry Warren noted that some a -mails were sent to the City Appeal: Sunset Bluff Council related to the appeal of the Sunset Bluff Preliminary plat. He Preliminary Plat, SR 900 LLC, explained that Council is not allowed to have ex parte communications with PP-04-002 any parties, and is limited to reviewing material already on record. The City Attorney then inquired as to whether any Councilmember opinion was swayed as a result of the e-mail. Not having heard any Councilmember comment, Mr. Warren stated that no Councilmember was influenced. Planning & Development Planning and Development Committee Chair Briere presented a majority report Committee Majority Report regarding the appeal filed by SR 900, LLC of the Sunset Bluff Preliminary Plat Appeal: Sunset Bluff (PP-04-002). The Committee heard the appeal on 10/21/2004. After reviewing Preliminary Plat, SR 900 LLC, the record, the written presentations of both parties and hearing oral argument, PP-04-002 the majority of the Committee found that the evidence submitted by Herons Forever was too speculative to sustain its burden of proof before the Hearing Examiner. The majority of the Committee recommended that the full Council reverse the Hearing. Examiner and affirm the decision of the ERC (Environmental Review Committee). The Committee further recommended that the Council adopt the following amended findings and conclusions to the Hearing Examiner's report and decision dated 8/3/2004. AMENDED FINDINGS AND CONCLUSIONS I. Finding of Fact 12. The last sentence is amended to read: "The southwestern corner of the site (1.08 acres) is zoned RC (Resource Conservation)." 11. Finding of Fact 27. The third sentence is amended to read: "West is another RM-I (Residential Multi -Family Infill) district with multiple family units and industrially zoned property in the City of Renton that is developed and undeveloped, including a closed quarry site, currently used as a contractor's office, equipment and material storage, recycling and concrete batching." 111. Finding of Fact 28 is amended to add a sentence: "Ms. Sheldon did no study of the biological effects of the change in release rate of the retained stormwater. The retention system was designed according to the King County manual for detention treatment and controlled release." IV. Finding of Fact 29 is amended to add a sentence: "Mr. Rozeboom testified in general terms but without the support of any study or quantitative analysis of the actual effects of the changes in the hydroperiod." V. Finding of Fact 31 is amended to read: "Herons Forever's experts have monitored heron recently and indicated that the birds reacted hostilely to intrusive activities in both this heronry and in others in the Puget Sound Area. They suspect that the proposed grading on this property, over 1,000 feet from the heron colony, might have an impact on the colony. Reports indicate that birds were flushed and severely disturbed by logging just south of the railroad tracks at the western edge of the riparian forest, but very near to that colony. Anecdotal evidence indicates that the development of an office park within 500 feet of the colony may have caused the colony to move to the north and west and abandon the main nest. This may have also been caused by termination of blasting at the quarry to the west. One can only speculate as to the cause of the November 8, 2004 Renton City Council Minutes Page 393 move. One can also only speculate as to the effect on the herons of clearing the development site. The area does serve as a source of twigs and possibly forage for food, and this will be eliminated. Work will occur at or above the nesting level, and maps appear to indicate that this will be out of sight of the nests, and flying birds will be able to view the clearing. There was no concrete testimony at the hearing regarding probable significant adverse effects on the herons caused by upslope clearing at a distance starting at over 1,000 feet of the heronry." VI. Finding of Fact 32 is amended to read: "The changes to the seasonal wetlands were raised as to how the changes would affect the food sources of the heron. This testimony was based on the conclusion by Mr. Rozeboom that there would be a risk of significant adverse effects caused by increases in water depth in the closed depression. This conclusion is not based on any quantitative analysis. The testimony of the effects on food sources is not based on a site -specific study." VII. In Finding of Fact 42, the last sentence is amended to read: "These visits to the trail may be affecting the herons in some fashion." VIII. Finding of Fact 43 is amended by striking the 7th sentence and substituting in its place: "Minor earthwork, such as finish grading, may occur year round." IX. Finding of Fact 49 is amended by adding the following: "The increased runoff volumes from the site would likely increase average depth in the wetlands by one to two inches in the winter and by less than one inch in the summer. Predicted changes in water levels and duration in the depressional wetland would have only a negligible impact. These conclusions are based on the use of a King County methodology. Although Dr. McCarthy made certain assumptions, which may lessen the value of the study, the information remains unrebutted and is the only quantitative information presented." X. Finding of Fact 60 is stricken. XI. Finding of Fact 61 is added, which reads: "Some historical perspective is necessary. The ERC was aware of this history. The Black River Riparian Forest has been an existing feature in the area. The City participated in constructing the P-1 forebay. About the time the forebay was constructed, the herons were first noticed. Over a period of time the City sought grants to acquire the Black River Riparian Forest. The City acquired part of the forest by dedication as part of City approvals. The City used grants and its own money to negotiate and acquire, in several stages, approximately 100 acres of property encompassing and surrounding the heronry, where it previously existed and where it is now located. Over $8 million has been expended on this effort. The City helped create the conditions that attracted the herons in the first instance, and has expended substantial effort and resources in protecting the herons and their surroundings." XII. Conclusion 2, the last sentence is stricken. XIII. Conclusion 7 is amended by striking the second and third sentence. XIV. Conclusion 9 is amended by striking the last sentence. November 8, 2004 Renton City Council Minutes Page 394 XV. Conclusion 10 is amended by adding a sentence, as follows: "Earthwork shall be limited to the dry months - except for minor earthwork, such as finish grading." XVI. Conclusions 11 through 28 are stricken XVII. A new Conclusion 11 is added: "The burden of proof is on Herons Forever. As previously stated, the decision of the ERC is entitled to substantial weight. While its good intentions are not questioned, the testimony of Herons Forever was, in great part, based upon speculation. There is a lot that is unknown about the behavior of herons and what might affect them, but that field of study is far beyond what could be required of this developer. In general, the developer presented studies of the proposal, while Herons Forever responded by criticizing the studies and presented general, non -site specific testimony. Herons Forever's site -specific testimony was of logging and building occurrences which were much closer to the heronry than the proposed development." XVIII. The Decision is amended to read: "The decision of the ERC is affirmed."* Planning & Development Planning & Development Committee Vice Chair Clawson presented a minority Committee Minority Report report regarding the appeal filed by SR 900, LLC of the Sunset Bluff Appeal: Sunset Bluff Preliminary Plat (PP-04-002). I respectfully dissent from the report of the Preliminary Plat, SR 900 LLC, majority of the Committee and recommend that the Council affirm the decision PP-04-002 of the Hearing Examiner and require an EIS (Environmental Impact Statement). Herons Forever presented testimony of qualified experts who stated their opinions that the project as proposed would be likely to disturb the heron colony in ways that would diminish the productivity and could result in the herons abandoning nests in the Black River Riparian Forest over time. SR 900 LLC's experts disagreed with these experts and stated that the impacts would be minimal. The Hearing Examiner considered the evidence and made findings of fact. In general, he merely summarized the conflicting testimony of the experts without deciding which expert gave the most credible opinion. He did specifically determine that the testimony of SR 900 LLC's primary expert, Dr. Ken Raedke, who wrote the report submitted to the ERC, appeared to lack scientific basis and was not credible. Dr. Raedke testified that herons in general are not disturbed by human activities near their nests, and that the development would have no significant impact on the heron colony. Dr. Raedke's resume shows that he is an expert on deer and elk, not herons. He mainly relied on a masters thesis written over ten years ago by a masters student, Ms. Stabins. Other researchers attempting to verify her nest counts have not validated her research. He also cited studies from other states and Canada rather than local studies. In contrast, Herons Forever presented Kate Stenberg, Ph.D., a heron expert who has monitored herons in the Puget Sound region and specifically at the Black River Riparian Forest, and Patricia Thompson, a wildlife biologist with Washington State Department of Fish and Wildlife. Their testimony was specific to Western Washington and to the Black River heron colony. Dr. Stenberg and Ms. Thompson demonstrated much greater familiarity with the November 8, 2004 Renton City Council Minutes Page 395 research on herons that Dr. Raedke. They described a dramatic decline of heron colonies in King County, while the Black River colony has thrived. Dr. Stenberg identified specific impacts that were not considered by the ERC. Increased runoff and lawn chemicals from the development may disturb the large wetland on the development where the herons feed, and nesting trees may be killed. Noise construction noise will be more intense because the development is above the nesting area. A construction season limitation to avoid disturbance during nesting was not considered by the ERC. Ms. Thompson recommended a site -specific management plan designed with the assistance of her department so that after construction the impacts of pets and people from the development could be minimized. Dyane Sheldon, a wetlands biologist, stated that the change in runoff from the development could change the timing as well as volume of water feeding wetlands on and off the development that needs to be assessed and was not considered by the ERC. Bill Rozeboom testified that further studies of water runoff volumes are needed. The majority of this Committee concluded that this evidence is "too speculative to sustain [Heron Forever's] burden of proof." But it is SR 900 LLC, not Herons Forever, which has the burden of proof at this hearing. It must show that the Hearing Examiner made a substantial error of fact or law. Otherwise, the Hearing Examiner's decision must stand. SEPA (State Environmental Policy Act) law requires an EIS unless all of the likely significant adverse impacts have been considered first. An adverse impact does not need to be proved with exact certainty. WAC 197-11-330 specifically states that "several marginal impacts when considered together may result in a significant adverse impact," and that "for some proposals, it may be impossible to forecast the environmental impacts with precision, often because some variables cannot be predicted or values cannot be quantified." The WAC recognizes that a development proposal may involve "unique and unknown risks to the environment." Scientific knowledge of Great Blue Herons is in its early stages, and it is not reasonable to expect exact predictions of the effect of the development on the Black River colony. The Hearing Examiner's conclusions were carefully crafted based on his findings of fact, applying his extensive knowledge of SEPA law. He specifically listed the likely impacts on the ecosystem that the herons rely on from construction and occupation of the development. He required only a limited review of five issues so that experts under supervision of City staff could weigh the conflicting testimony and provide information needed so that the project can go forward while protecting the herons. After the EIS, SR 900 LLC will have further opportunity to appeal any mitigation measures it may find unreasonable. The Hearing Examiner did not make a substantial error of fact or law. The Council should affirm his decision. *MOVED BY BRIERE, SECONDED BY PERSSON, COUNCIL CONCUR IN THE MAJORITY COMMITTEE REPORT* Councilman Corman reported that he was impressed with both reports, and stated that the minority report seems to acknowledge the Hearing Examiner's November 8, 2004 Renton City Council Minutes Page 396 path wherein this project could go forward but there is an intent to get an EIS that does not currently exist. Councilman Clawson agreed, explaining the only decision that was reversed was whether or not there should be an EIS to resolve some of the conflicting testimony of the experts. The EIS would resolve the conflicting testimony, and then the project could move forward with mitigation that would address those concerns. Mr. Corman stated that this project is likely to require the EIS, whether it is decided by the Council or King County Superior Court. Councilmember Briere emphasized that the ERC did a thorough job of looking at the project, and recommended certain mitigation measures. She agreed that the testimony was conflicting. Mr. Clawson explained that Dr. Stenberg submitted a letter to the ERC; however, her testimony before the Hearing Examiner was much more detailed. Also, the ERC did not have the analysis of the runoff and biology issues. He stated that the question is "how much different information is there?" Stressing that he spent many hours studying the record, Councilmember Clawson detailed examples of information that was considered by the Hearing Examiner but not by the ERC. He concluded that the Hearing Examiner had substantially more information than the ERC. Councilman Corman stated that he is supportive of the herons, and noted the Council did support expending monies to acquire the forest. He recognized that development will occur; however, what is to be determined is the path that leads to the development. Mr. Corman voiced his support for the minority report. Councilwoman Briere explained that the Planning and Development Committee has reviewed this project over the years, and a development agreement exists between the City and SR 900 LLC. Thus, many of the issues have already been looked at. She pointed out that the project was originally going to be multi- storied apartment complexes, and now the proposal consists of substantial buffers surrounding single-family homes. Ms. Briere stated that the herons are acknowledged by making the project as small as it is. Councilman Clawson commented on the testimony received, noting that it was very confusing. He reviewed the law, and the court cases cited by the Hearing Examiner in his report. He detailed his interpretation of the WAC sections that pertain to these issues, and quoted WAC 197-11-330(5) "Threshold Determination Process," which is about whether an EIS is needed, and WAC 197-11-782 'Probable," which defines probable as "likely or reasonably likely to occur." Stating that not a lot is known about the herons, Mr. Clawson emphasized that it would be a significant environmental impact if some or all of the herons were to stop nesting in the forest, or if their productivity dropped. He added that there is uncertainty, the situation is unique, and it has not been studied. Councilwoman Briere stated that the testimony revealed a number of things that could affect the herons that might not have anything to do with this project. She pointed out that the rookery is surrounded on three sides with industry, and an office development is located within 500 feet. The subject project is located 1,000 feet away from the rookery, and is significantly smaller than some of the November 8, 2004 Renton City Council Minutes Page 397 surrounding developments. She noted that the belief that this project would have more impact on the herons than what already exists near the site did not seem right. *MOTION TO ADOPT THE MAJORITY COMMITTEE REPORT. ROLL CALL: FOUR AYES-, PERSSON, NELSON, LAW, BRIERE; THREE NAYS: CORMAN, CLAWSON, PALMER. MOTION CARRIED. (See later this page for related audience comment and page 399 for correspondence.) RECESS MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL RECESS FOR FIVE MINUTES. CARRIED. Time: 9:30 p.m. The meeting was reconvened at 9:37 p.m.; roll was called; all Councilmembers present. ADMINISTRATIVE Chief Administrative Officer Jay Covington reviewed a written administrative REPORT report summarizing the City's recent progress towards goals and work programs adopted as part of its business plan for 2004 and -beyond. Items noted included: • Beginning on Veterans Day, a new exhibit will be featured at the Renton Historical Museum commemorating the sacrifices of Renton's uniformed men and women during the World Wars. • Valley Community Players will present the holiday comedy My Three Angels at Carco Theatre, from November 19th through December 12th. Call 425-226-5190 for information. • Comment is invited on the draft Chinook Salmon Conservation Plan at an open house on November 16th at the Maplewood Golf Course Club House. The public review period runs from November 12th to December 16th. The draft plan can be accessed via King County's website at www.metrokc.gov. EDNSP: Federal Reserve Bank Mayor Keolker-Wheeler announced that the Federal Reserve Bank has Branch, Locate to Renton completed a purchase and sale agreement with Boeing to purchase 10.8 acres in the Longacres Office Park in Renton for a regional branch. The building is estimated to be 94,000 square feet and is scheduled to be completed in late 2007. She noted that the City will work hard to make sure the SW 27th St. and Strander Blvd. extension project is completed. AUDIENCE COMMENT Georgina Kerr, 3834 S. 116th St., Tukwila, 98168, expressed the importance of Citizen Comment: Kerr - habitat conversation, pointing out that salmon are a resource and they need an Habitat Preservation assured continuance of healthy water and good habitat. Noting that some communities do not value habitat, she stated that in the future people will come here from all over the world to see the salmon -filled rivers and the heron rookery. Additionally, Ms. Kerr stated that development does have negative effect on the habitat, and she encouraged the City to think about the future and the value of this resource. Citizen Comment: Johnson - Diane Johnson, 3042 Garlough Ave. SW, Seattle, 98116, stated that she works Sunset Bluff Preliminary Plat in Renton, and noted that the City's gateway sign on SW Grady Way depicts a Appeal, SR 900 LLC, PP-04- heron. She explained that although she is not opposed to development, it is 002 important that the development not disturb the heron colony at Black River Riparian Forest. Ms. Johnson described how much she enjoys the forest, and requested that the development's impact on the environment be studied, and that the developer mitigate impacts to the heron's habitat. She pointed out that the forest is an economic and natural asset for Renton. November 8, 2004 Renton City Council Minutes Page 398 Citizen Comment: Krom - Susan Krom, PO Box 16155, Seattle, 98116, representing Herons Forever, Sunset Bluff Preliminary Plat expressed her disappointment in the Council's decision regarding the appeal of Appeal, SR 900 LLC, PP-04- the Sunset Bluff Preliminary Plat. She stated that Herons Forever will now 002 consider taking this matter to Superior Court. Ms. Krom explained that her efforts to protect the heron colony are so that future generations can enjoy this remarkable treasure, and pointed out that the population of this particular sub- species of heron is in decline. Citizen Comment: Ryan - Colin Ryan, 6715 S. 122nd St., Seattle, 98178, stated his support for the type of Planned Action (Lakeshore development that is going to be built on the surplus Boeing property. He stated Landing), Boeing Surplus that the project appears that it will become a core area rather than throughways Property such as the Southcenter area in Tukwila. He indicated that it is good to locate developments which combine retail, office, and residential near downtown areas, rather than just retail development. Mr. Ryan added that he also supports the protection of herons. Citizen Comment: Mega - Matt Mega, 8050 35th Ave. NE, Seattle, 98115, representing Seattle Audubon, Habitat Preservation stated that many land use strategies were discussed during the WRIA 8 presentation to protect salmon habitat and water quality. He pointed out that retrofitting neighborhoods to meet this end is expensive, and it is more practical to employ these strategies prior to development. Mr. Mega explained that although it is challenging to balance private development and habitat preservation, it can be achieved, especially if Renton has high standards and demands high quality projects from developers. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXTEND THE AUDIENCE COMMENT TIME PERIOD TO ALLOW ONE MORE SPEAKER. CARRIED. Citizen Comment: Yepez - Doris Yepez, 16444 SE 135th St., Renton, 98059, expressed her concern about Sunset Bluff Preliminary Plat the Sunset Bluff development near the Black River Riparian Forest. Appeal, Black River Channel Additionally, she announced that she received a $28,349 King County Restoration Project waterworks grant to conduct restoration work on the south side of the Black River Channel off of Monster Rd. SW, between the Black River Pumping Station and the Monster Rd. Bridge. Ms. Yepez stated that the goal of the restoration project is to create a buffer from the street, and to provide shade and food sources for the salmon. She asked for the City's support with this project, and noted that a community outreach meeting will be held on November 16th. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Council Meeting Minutes of Approval of Council meeting minutes of November 1, 2004. Council concur. November 1, 2004 Public Works: Surplus of City- City Clerk reported bid opening on 10/26/2004 for the sale of old Fire Station Owned Property, 901 #12, located at 901 Harrington Ave. NE; one bid; minimum acceptable bid Harrington Ave NE $427,500; and submitted staff recommendation to sell the property to the bidder, Eric and Jie Haywood, in the amount of $427,500, plus excise tax. Council concur. Community Services: Community Services Department recommended approval of a three-year lease Edlund/Korum Property Lease and caretaker's agreement with Leroy Coffman to perform caretaker duties and & Caretaker Agreement, Leroy pay $500 in rent per month for the Edlund/Korum property on Carr Road, Coffman which the City purchased for future development of a park. Refer to Finance Committee. November 8, 2004 Renton City Council Minutes Page 399 Annexation: Querin, Hoquiam Economic Development, Neighborhoods and Strategic Planning Department Ave NE & SE 112th St submitted 10% Notice of Intent to annex petition for the proposed Querin Annexation, and recommended a public meeting be set on 11/22/2004 to consider the petition; 10.14 acres located in the vicinity of Hoquiam Ave. NE, SE 112th St., and SE 114th Pl. Council concur. Annexation: Maplewood East, Economic Development, Neighborhoods and Strategic Planning Department SE 136th St & 156th Ave SE submitted 60% Notice of Intent to annex petition for the proposed Maplewood East Annexation, and recommended a public hearing be set on 11/22/2004 to consider the petition and R-4 zoning; 26.14 acres located in the vicinity of 152nd Ave. SE, 156th Ave. SE, and SE 136th St. Council concur. Rezone: Kennydale Hearing Examiner recommended approval of a rezone of a 6.68-acre site Elementary School, NE 28th located at 1700 NE 28th St. from R-8 (Residential Single Family, eight St, R-8 to R-8(P) dwelling units per acre) to R-8 with a P-suffix designation; R-04-101 (Kennydale Elementary School). Council concur. MOVED BY PERSSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. Added The following correspondence was read into the record in support for and CORRESPONDENCE protection of the Black River Riparian Forest habitat and heron colony, in Citizen Comment: Various - relation to the appeal of the Sunset Bluff Preliminary Plat (PP-04-002): Donna Sunset Bluff Preliminary Plat Kostka, Grants Coordinator, Heron Habitat Helpers, 2420 30th Ave. W., Appeal, SR 900 LLC, PP-04- Seattle, 98199; Glenn Herlihy, 2337 18th Ave. S., Seattle, 98144; Julia Chase, 002 8145 29th St. SW, Seattle, 98126; Nancy O'Neal, 390 Taylor Ave. NW, #401, Renton, 98055; Kevin Jones 3228 38th Ave. SW, 98126; Paula Crockett & Martin Gibbins, 5714 138th Pl. SE, Bellevue, 98006; and Stacie Finnelly, 2801 179th Ave. NE, Redmond, 98052. UNFINISHED BUSINESS Finance Committee Chair Corman presented a report regarding the Gene Finance Committee Coulon Memorial Beach Park Boat Launch Repair Project (CAG-04-133). The CAG: 04-133, Gene Coulon Committee recommended concurrence in the staff recommendation that Park Boat Launch Repair, Council authorize the use of $69,097.71 in excess budget from completed Skaar Construction projects, accept the low bid submitted by Skaar Construction, Inc. for the project, and authorize the Mayor and City Clerk to sign the contract in the amount of $119,379.71. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Finance: Vouchers Finance Committee Chair Corman presented a report recommending approval of Claim Vouchers 231615 - 232025 and one wire transfer totaling $2,566,851.04; and approval of Payroll Vouchers 54202 - 54436, one wire transfer, and 570 direct deposits totaling $1,795,529.43. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Community Services Community Services Committee Chair Nelson presented a report regarding the Committee 2004 neighborhood grant projects (second round). The Committee concurred EDNSP: 2004 Neighborhood in the recommendation of staff to approve the following grant applications: Grant Program 1. Emerald Garden Homeowners Association - Landscape around detention pond located on corner of Dayton Ave. NE and NE 20th St. ($5,547). 2. Falcon Ridge Homeowners Association - Landscape around exposed electrical boxes and add picnic tables to the common area ($1,182). November 8, 2004 Renton City Council Minutes Page 400 3. LaCrosse Homeowners Association - Improve two common area open spaces with the addition of benches, tables, and light landscaping ($2,787). 4. Maplewood Gardens Neighborhood Association - Develop small urban park within the neighborhood on public right-of-way at SE I Ith St. ($2,870). 5. Monterey Terrace Neighborhood Association - Restore and upgrade the current entrance sign and landscaping ($6,269). 6. Talbot Hill Neighborhood Association - Landscape the area surrounding the neighborhood entrance sign at S. 17th St. and Talbot Rd. S. ($10,278). 7. Winsper Homeowners Association - Landscape the main entrance located at S. 32nd and Talbot Rd. S. ($8,181). 8. Honey Creek Ridge Homeowners Association - Plantings in seven traffic circles and adding two picnic tables within the common area ($1,437). The Committee also recommended approval to fund the following administrative newsletter applications: 1. Maplewood Glen Neighborhood Association - Annual printing expenses for newsletter printed and hand delivered quarterly ($162). 2. Summerwind Homeowners Association - Annual printing and postal expenses for a quarterly newsletter ($216).* Councilwoman Nelson reported that this is the first year the City received grant requests exceeding the $50,000 budget; therefore, each of the associations received less money than they requested so that all eight projects could be funded. Additionally, she expressed her appreciation for the positive results of the Neighborhood Grant Program. *MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Transportation (Aviation) Transportation (Aviation) Committee Chair Palmer presented a report Committee recommending concurrence in the staff recommendation to approve Addendum Airport: Pro -Flight Aviation #1 to the Pro -Flight Aviation, Inc. Airport lease (LAG-99-002) to increase the Lease, Addendum #l, LAG- leased area, allow for fuel storage and fuel sales to the public, and provide for 99-002 an increase in the ground rental rate using the Consumer Price Index for Urban Seattle. The ground lease rate increases from $0.3066 per square foot to $0.3287 per square foot, increasing the annual ground lease revenue from $9,342.41 to $11,700.08. The Committee further recommended that the Mayor and City Clerk be authorized to sign the lease addendum with Pro -Flight Aviation, Inc. MOVED BY PALMER, SECONDED BY BRIERE, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following ordinance was presented for first reading and referred to the ORDINANCES Council meeting of 11/15/2004 for second and final reading: Planning: Planned Action An ordinance was read designating a Planned Action for the Lakeshore Landing (Lakeshore Landing), Boeing development, approximately 55 acres located between Logan Ave. N. to the Surplus Property west and Garden Ave. N. to the east, N. 8th St. to the south, and east of the Boeing manufacturing operations on the west. MOVED BY BRIERE, SECONDED BY NELSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING ON l l/15/2004. CARRIED. November 8, 2004 Renton City Council Minutes Page 401 ADJOURNMENT MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. Time: 10.23 p.m. "j.WaLt&et"� Bonnie I. Walton, CMC, City Clerk Recorder: Michele Neumann November 8, 2004 RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING November 8, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COMMITTEE OF THE WHOLE MON., 11/15 Emerging Issues (Persson) 5:00 p.m. *Council Conference Room 5:30 p.m. 2005 Budget Presentation and Deliberations *Council Chambers* COMMUNITY SERVICES (Nelson) FINANCE (Corman) PLANNING & DEVELOPMENT (Briere) PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) MON., 11/15 Municipal Jail Bookings & Fees 4:30 p.m. NOTE: Committee of the Whole meetings are held in the Council Chambers. All other committee meetings are held in the Council Conference Room unless otherwise noted. Pre w-*4-zL,+ a m WRIA 8 Chinook Salmon Conservation Plan Jane Lamensdorf-Bucher, Watershed Coordinator Jean White, Early Action Projects Coordinator Sally King, Land Use Coordinator Outline for Presentation ■ Introduction and background ■ Summary of the draft plan ■ What the science is telling us ■ Recommendations for protection and restoration projects in the Renton area ■ Recommendations for land use Next steps ■Q&A Salmon Are Threatened Federal Endangered Species Act: . Puget Sound Chinook listed ■ March 1999 . Bull Trout listed . November 1999 . Puget Sound Coho . Candidate July 1995 1 4 Reasons (The 4 Hs): ■ Harvest (State and Tribes) • Hatcheries (State and Tribes) • Hydropower dams (Eastern WA) • Habitat degradation and loss HABITAT = Local Issue Where is Water Resource Inventory Area (WRIA) 8? • Cedar River Basin+ • Sammamish River Basin • Lake Washington+ • Lake Sammamish+ • Puget Sound Nearshore . 692 Square Miles . 1.4 Million People 2 I 1"�'� Related Efforts . WRIA 9 — Green/Duwamish Watershed . Renton is a partner there as well . Puget Sound Shared Strategy . Will roll up plans from Puget Sound watersheds . Will roll up plans from local govts and co - managers (state and tribes) . Where the federal agencies are engaged Lake Washington/Cedar/ Sammamish Forum ■ 27 Local Governments ■ 2 Counties (King and Snohomish) ■ 25 Cities including Renton ■ Interlocal Agreement ■ Jointly Fund Salmon Planning • Elected Official from Each Jurisdiction Dan Clawson ■ Service Provider is King County Steering Committee Multi -Stakeholder Body: • Local Elected Leaders (Dan Clawson) • Business and Community Groups • Citizens • Scientists • Water/Sewer Districts • State Agencies • U.S. Army Corps of Engineers 3 4 Model for Plan Development Planning Cgmmission -- City council r,,Con _ntti S�'lan WRIA 8 Timeline - AVnNear-Toren Aetloa d Limiting, Draft Conservation Facto- Plea Ite rt - Recomaisamco � � Report ..Science. :: Conservation Feral � State Play 199 199 200 200 200 200 200 -200 `cl�oor„ t �'$n11.1'iouC� Linking Chinook Salmon Conservation Plan: Public Review Draft . Steering Committee Proposal to Set Priorities for Limited Resources . Science Foundation . Actions . Habitat Restoration and Protection Projects . Land Use Incentives, Regulations, and Programs . Public Outreach and Education . Implementation through Adaptive Management 4 Implementation -A' Recommendations . Continue collaboration to report progress, learn what works, seek funding . Monitor to track progress . Seek funding from multiple sources . Request assurances from federal and state governments in exchange for commitments from local governments to take action Local Government Input ........................................ Through Steering Committee and Forum representatives . Participation on subcommittees . Draft Chinook Plan for public and local review November12 — December 17 . Final Chinook Plan to WRIA 8 Forum late February 2005 for approval . To jurisdictions to ratify in late May WRIA 8 Influences Funding �'naSources As a Unified Watershed . Salmon Recovery Funding Board . King Conservation District . WaterWorks Forum Initiative . U.S. Army Corps of Engineers 5 p ; . Model of Regional Cooperation . Common Science -- More Answers Than Could be Afforded Alone . Work Together to Seek Federal and State Funding and Assurances . Collaboration Gets Farther Than Competition jj,,�,,-Ilext Steps . Public review Nov 12 - Dec 17 . Steering Committee incorporates comments . Revised plan to WRIA 8 Forum late Feb . Forum reviews and "approves" . Local governments review and decide whether to "ratify" . Forum decides whether to formally submit to Puget Sound Shared Strategy C What Science is Saying . Lower Cedar River and Southern Lake Washington are very important for Chinook . Maplewood area (SR-169 to upstream of landslide) highest ranked for protection . Between Logan and I-405 & I-405 to SR-169 are highest ranked reaches for restoration A What Science is Saying, cont. . South end of Lake Washington (Colman Pt. to Skyway) highest ranked for restoration in Lake Washington . Restoring conditions in Lake Washington are as beneficial as restoring Lower Cedar River Maplewood Reach . Most important area to maintain, current habitat conditions . Dynamic habitat -forming processes . Instream wood . Mature riparian vegetation . Pools, side channel and backwater areas for resting, refuge _W Maplewood Reach, cont. . Recommendations: . Protect existing riparian habitat and instream wood; underplant cottonwoods with conifers . Study options to protect habitat and reduce Flooding and erosion in Ron Regis Park such as setback levee and LWD . Study modifications to Elliot Levee 2 Cedar River within Downtown . Conditions are pretty constrained between Logan St. and I-405 (Reach 2) . Recommendations: . Protect and maintain existing riparian vegetation . Add riparian vegetation where possible . Explore redevelopment options to improve habitat and increase riparian buffer 3 Cedar River Reach 3 . More opportunity between I-405 and SR-169 . Some easy, some hard . City of Renton parkland protects all of left bank in reach Cedar River Reach 3, cont. r. . Recommendations . Protect riparian vegetation in parkland; riparian restoration if needed . Improve conditions on right bank: reduce bank hardening, restore riparian buffer, plant vegetation, reduce impervious surfaces . Areas of industrial use, multi -family residential use and Maplewood neighborhood 12 Cedar River Mouth to Logan St. • Reach 1 is not as highly ranked . Recommendations . More riparian vegetation, particularly overhanging vegetation . Explore opportunities to improve habitat, increase riparian buffer, reduce impervious surface in industrial area . Explore removing bridges if no longer needed. A Southern Lake Washington . Heavily used by juvenile Chinook leaving Cedar River . Juvenile Chinook need: . Sandy, shallow beaches with instream wood and overhanging vegetation . Restored small creek mouths . Fewer bulkheads, docks 5 Southern Lake Washington, cont. . Recommendations: . Shoreline restoration on WDNR property as part of City of Renton trail project . Work with property owners throughout area to remove bulkheads, restore shallow water habitat, reduce number of docks . Enhance mouths and lower reaches of Johns and Kennydale Creeks within Gene Coulon Park 1.1 Southern Lake Washington, Cont. . Restoring shallow water habitat doesn't have to be fish versus people • Swimming beaches are not a conflict with Chinook, people and fish don't use them at the same time 7 Land Use Actions Steering Committee Guidance . Land use actions should be voluntary . Build on existing efforts (GMA, CAO, stormwater permits) . Focus on incentives . Encourage growth in urban areas Land Use Recommendations in Lower Cedar River . Support Renton's goal to encourage growth and revitalize urban center — also helps to protect rural salmon habitat . Protection: continue to protect salmon habitat function in riparian areas through Critical Areas Ordinance, Shoreline Master Program . Importance of enforcement, variances Land Use Recommendations 1 Continued . Restoration: encourage restoration during redevelopment, through regulatory flexibility and incentives . Redevelopment supports multiple goals: aesthetic, public safety, economic, salmon habitat 1 Land Use Recommendations "`' Continued . Incentives: expedited permits, tax breaks, reduced fees . Regulatory flexibility: tradeoffs on bulk standards, mitigation banking, TDRs . Examples: Stoneway Concrete, Boeing rezone and redevelopment Land Use Recommendations 1- Continued . New development and redevelopment throughout basin: protect riparian areas and forest cover and open space . Tools include: • Stormwater management • Clustering > Low impact development Try to make this... ...function like this 2 Land Use Recommendations for S. Lake Washington . Protect remaining shoreline through CAO, Shoreline Master Program . Prohibit new bulkheads . Encourage restoration of bulkheads, shoreline vegetation during redevelopment through regulatory flexibility and incentives . NOAA Fisheries dock guidelines El .:j WE'D FISHING FOR YOUR COMMENTS O.nAhe Lake Washington/Cedar/Sammamish Watershed aft Chinook Salmon Conservation Plan a This scientifically based plan focuses on the habitat conditions that limit our local Chinook salmon populations. The plan recommends land use actions, restoration and protection projects, and opportunities for public involvement. It is a collaborative effort among 25 cities, two counties, scientists, citizens, public agencies, and community and business groups. Your input is necessary to ensure the success of this plan. Public Review Period: November 12 - December 17, 2004 Access online @ http.11www.dnr.metrokc.gov/wrias/8, or view hard copies at City Halls and Libraries. OPEN HOUSE SCHEDULE all take place 6:30 - 9:00pm RENTON Date: Tuesday, November 16 Place: Maplewood Golf Course Club House Address: 4050 Maple Valley Hwy, Renton BOTHELL Date: Wednesday, December 1 Place: Northshore Senior Center Address: 10201 E. Riverside Dr., Bothell REDMOND Date: Wednesday, December 8 Place: Redmond Junior High Commons (Lunchroom) Address: 10055 -166th Ave NE, Redmond SEATTLE Date: Thursday, December 9 Place: REI Flagship Store, South Meeting Room Address: 222 Yale Ave N, Seattle For further information: 206-296-8249 or deb.natelson@metrokc.gov —0 oa01E(��IggnA'( ELiHYSRIMON- IRE 201 South Jackson Street, Suite 600 Seattle, WA 98104-3855 This information is available in alternative formats for people with disabilities. Please call 206-296-8249 or 711 TTY. WE'RE FISHING FOR YOUR COMMENTS COME TO AN ovEu Noun! ice` WA From: "Lam ensdorf-Bucher, Jane" <Jane.Lamensdorf-Bucher@METROKC.GOV> To: 'Dan Clawson' <dclawson@seanet.com> Date: Tue, Nov 9, 2004 12:10 PM Subject: RE: WRIA 8 Draft Chinook Plan Briefing for Renton City Council Dan -- Thanks for your nice words. We appreciated having the opportunity to brief the Renton City Council on the upcoming Chinook Salmon Conservation Plan, as we have appreciated the time and effort you and city staff have contributed to this important interjurisdictional effort. --Jane Jane Lamensdorf -Bucher Lake Washington/Cedar/Sammamish WRIA 8 Watershed Coordinator 206-296-1907; jane.lamensdorf-bucher@metrokc.gov Website: http://dnr.metrokc.gov/wrias/8 <http://dnr.metrokc.gov/wrias/8> Local partners working together to conserve and restore salmon habitat From: Dan Clawson [mailto:dclawson@seanet.com] Sent: Tuesday, November 09, 2004 10:34 AM To: Lam ensdorf-Bucher, Jane Cc: council@ci.renton.wa.us Subject: RE: WRIA 8 Draft Chinook Plan Briefing for Renton City Council Jane, Your presentation last night was A+. You covered everything with the right amount of detail for the time allowed. The pictures and information on possible actions for specific reaches of the Cedar in Renton gave the Council an idea of what the plan means to this city. That we can keep our 100 foot buffer under the current proposal should reassure Council Members with concerns that recovery will strangle development. Of course there may be other concerns but the buffers are always at the top of the list. You would be surprised how many Renton residents watch the Council meetings every Monday night. We had a full agenda or you would have had more questions. As it was the meeting did not adjourn until 10 p.m. I look forward to Nov 16 and hope that we get a good turnout. Thanks again. Dan Clawson Renton City Council CC: <council@ci.renton.wa.us>, "White, Jean" <Jean.White@METROKC.GOV>, "King, Sally" <Sally.King@METROKC.GOV> i Glfy of Renton UBLI,O INFORMATION HANDOUT No vemtier 8 2004 Lakeshore Landing Planned Action For additional: information, please contact: Jason Jordan, Project Manager; City of Renton Development Services Division;, (425) 430-7219 ISSUE: The City of Renton's Development Services Division is requesting approval of Planned Action legislation, which would be combined with the Boeing Renton Comprehensive Plan Amendment Environmental Impact Statement (EIS) completed in October of 2003. The approval of Planned Action legislation would streamline the permitting process by utilizing existing environmental documentation, as allowed by RCW 43.21 C.031 and WAC 197-11-164, 168 and 315. As a result of approving Planned Action legislation, the applicant would be required to submit an environmental consistency analysis with each phase of the project and receive subsequent approvals from the City's Environmental Review Committee (ERC). The consistency analysis would be required as individual master plans and/or site plans are proposed. In addition, the adoption of Planned Action legislation provides added entitlement and 'scheduling predictability as the developer (Center Oak Properties, LLC) begins to prepare for the redevelopment of the 55-acre site. Center Oak Properties has prepared two conceptual site plans (attached), which depict two final retail build -outs ranging from 597,000 square feet to 800,000 square feet of gross leasable area. Buildings would generally range from 26 feet to 58 feet in height, with a few isolated towers of approximately 85 feet in height. Potential tenants may include a large format retailer, a specialty grocery market, a movie theater, and a mix of high quality national, regional, and local specialty tenants and restaurants. RECOMMENDATION: The Development Services Division is recommending that the City Council adopt Planned Action legislation in order to use the existing Boeing Renton Comprehensive Plan Amendment EIS as the SEPA environmental document for the redevelopment of the Lakeshore Landing site. D4 - 5 T23N ME W 1/2 CC............. . . ........... CDR . . UC—N2 TLI c— 1 —N ------- . . ..... ... OD U —Nl N co N 8th Al UC—Nl 0 - u N nth St. N 1 z UC—N] — N 2 -,f--4 -oc I asOWD 4- w- uc-fW q co C4 . CID cy C3, C) owe w-- L) D 0 CD io C2 C2, C, M R— 0 ly- OD — F4 17 T23N ME W 1/2 �O. ZONING ---- PlIt" ckty umfo 1:4a" E4 P/B/M TICIMC" MaCM lUOV03 8 T23N ME W 1/2 5X* SECOND FLbQR-OFFICE VICINITY MAP® EXHIBIT "A" 10/22/2004 CONCEPTUAL SITE PLAN LAKE§HOI LANDING entonF ashI gton 597 K PLAN PROJECT SUMMARY PARCEL-i SITE AREA 6383 Am6 C278260 SF) SLOO.AREA 77=SF PARKING PROVIDED 110 S10. (Ap,.) (ON GRADE) PARCEL-2 SITE AREA - 7.137 A."(323.976 SF) SLOG. AREA S7.000 SF PARKING PROVIDED - 450 SWD(Appm) (ON -GRADE) PARCEL-3 SITEAREA - 13.572 ANI¢91.192 SF) SLDO. AREA - 167.0DOSF PARKING PROVIDED - WO SIN%(AM—) (ON4WE) PARCEL-4 SITE AREA - 1S.837 Aa64820,542 SF) SLDO. AREA - MOOD SF PARKING PROVIDED - 235 S.%(App..) (ON -OWE) PARKIN) STRUCTURE - Staft Sh(App-) •61N4 pNX lAVN i SITE SUMMARY SITE AREA - 18.231 Apes (2,013.970 SF) GROUND RETAIL GLA - SS7,000 SF GROUND OFNC7: GLA 2GDDD SF TOTAL GROUND GLA - 577=SF 2ND STORY RETAIL GLA 0$F MD STORY OFFICE GLA - 20D00 IF TOTAL 2ND STORY GLA 20.000 SF GRANOTOTAL GLA - 597,000 SF REOUIRED PARKING - 4.000 STALLS (APPROX) (5 St- / IODO SF) PARKING PROVIDED -SURFACE PARKING - IA95 STALLS IAFPROKI STRUCTURE PARKING ND (GROU• 2.5 LEVELS a 33D I 1225 STALLS(APPROX) LEVEU TOTALPARKINGPROVIDED - 3.120 STALLS IAPPROX) - Im CE OA � pemRF., LK. SECOND FLO�QR-OFFICE VICINITY MAP$ EXHIBIT 'B" 10/22/2004 CONCEPTUAL SITE PLAN LAKEffl LANDING entonT ashington 800 K PLAN PROJEC' HMARY PARCEL -I SITE AREA 6.366 AM*(275250 SF) BLOC. AREA 116.000SF PARKING PROVIDED 310 Sufi NPWaq (ONGFNOE) PARCEL-2 SITE AREA 7A37 A—(323.976 SF) SLOG. AREA S).OW IF PARKING PROVIDED 450 Slade (Appm) (ON -GRADE) PARCEL-3 SITE AREA 13.572 APRR591.192 SF) SLOG. AREA 207.SW SF PARKING PROVIDED - 900 SWF(App-) (OWGRADE) PARCEL-4 SITE AREA 18.837A-4820342SF7 SLDG.AREA a193W SF PARKING PROVIDED - 235 SWR(Appm) (ON-GR ADE) PARKING STRUCTURE 330 SWF(Apprm) -SWdtpwL.m SITE SUMMARY SITEAREL - 4623d Aa (2.013.970 SF) GROUND RETAR GLA - W. SF GROUND OFFICE GLA - 0 SF TOTAL GROUND GROUND GLA 64&SW IF 2ND STORY RETAIL GLA 93.500 SF 2ND STORY ORFCE GLA 10,0005E TOTAL2ND STORY GLA - I53.500 SF ORANOTOIALOLA PW.00DSF REQUIRED PARKMG - 4.000 STALLS (APPROKI (5 SMd / IOW SM PARKING PROVDED -SURFACE PARKING - 1195 STALLS IAPPROK) -99UCTM PARKING IX<S STALLS IAPPROK) IGROUND - 23 LEVELS 9 330/ TOTAL PARKING PROVIDED LEVEL) . 3.120 STALLS (APPROK) - IML CEO.' pK` HRF..uc. Lakeshore Landing Planned Action For Center Oak Properties, LLC Study Area i Note: Analysis location is 400' to the west of measurement location identified. U11, -"4 ApRoN D .� ^\\ ~ �\� .� � �\ N OH Project History • Environmental Impact Statement (EIS) was completed in October 2003. • Comprehensive Plan Amendment was completed in December 2003. • The City and Boeing established a Development Agreement in December 2003. • The Development Agreement included a Conceptual Urban Retail Plan. • The approved Conceptual Urban Retail Plan includes approximately 53 to 55 acres. Project Narrative Continued • Approximately 8 acres could be utilized to create new public streets and pedestrian access ways including: — Parkway design with landscaped medians/turn pockets for the extension of Logan Ave. North. — Realignment of Park Avenue North. — Extension of North 8thand North loth Street. Project Narrative Continued • High quality retail, office and residential opportunities: — Predominately retail. — Project will be designed to Urban Center North (UCN) Development Standards as envisioned by the Development Agreement. — Project will also be required to meet new Urban Center Design Guidelines. j ; L t7 k- 0 597,000 Square Foot Plan 5 SITE P!AN 800,000 Square Foot Plan CY.HlaF7 10 ,j i2 4 f c 0 19 C EPT L) 14 L cl T F P -A P'4 8CCI K PL.A�J- - r- Potential Tenants Include: •Large format retailer; •Specialty grocery market; •Movie theater; •Mix of high quality national, regional and local specialty tenants and restaurants. Potential Building Bulk, Size and Scale • Range in height from 26 to 58 feet with a few towers as high as 85 feet; • Range in size from 4,000 square feet to 132,000 square feet; • A mix of one and two stories structures (with the exception of the parking garage). The Planned Action Legislation • Combined with the approved 2003 EIS and Development Agreement. • Streamlines the permitting process by utilizing existing environmental documentation: — Provides added entitlement and scheduling predictability. • Allowed under RCW 43.21C.031 and WAC 297- 11-164, 168 and 315. Staff Recommends • The City Council Adopt the Planned Action Legislation as drafted by the City Attorney. — This allows the developer to utilize the existing environmental documentation as redevelopment of the site occurs. — Requires the developer to comply with the approved EIS, Conceptual Urban Retail Plan, approved Development Agreement and UCN development standards and design guidelines. Planned Ac-1,('ol, i/-r-oy i99end4 �feM �,�. a , NORTH RENTON NEIGHBORHOOD ASSOCIATION POST OFFICE Box 326 RENTON, WASHINGTON 98057 (206) 931-6356 NORTHRENTON@a)MSN.COM WWW.GEOCITIF-S.COM /NORTIiRF-NTON October 28, 2004 Mayor Kathy Keolker-Wheeler Renton City Councilmembers 1055 S. Grady Way Renton, Washington 98055 Re: Center Oak Properties, Lakeshore Landing Project Dear Madam Mayor and Honorable Councilmembers: For the record, the North Renton Neighborhood Association offers its support and assistance in the development of the Lakeshore Landing project. In doing so, we ask that we are notified and involved in any future City planning, including zoning changes, area maps, mock- ups and other planning developments that influence this project. The North Renton Neighborhood Association asks the City and City Council to note that: 1) The Lakeshore Landing project will be located in our North Renton neighborhood, which is one of the oldest neighborhoods in Renton; 2) This project will directly impact our neighborhood and our quality of life. It is our hope that we can minimize the negative impact and we are optimistic these changes will be for the better. We are not obstructionists and we want to be involved in a positive manner; 3) We are open to change and understand that there will be redevelopment of the Boeing properties. We are heartened and intrigued by the project proposed by Center Oak Properties. However, we are willing to fight to protect the unique nature of our neighborhood. We trust the City, the City Council, the Mayor and her staff, to work with Center Oak Properties to create a dynamic redevelopment of the Boeing properties. We also trust the City, the City Council, the Mayor and her staff, to act in the best interest of all of the city's citizens, including those of the North Renton Neighborhood. RICHARD ZWICKER. PRESIDENT • SUSANNAH DOUGHERTY, VICE-PRESIDENT • AARON PETERSON. SECRETARY/TREASURER DIRECTORS: PAM CHICOINE • LEE CHICOINE • LORI GIOMETTI • MIKE O'DONIN • MELINDA WEBB • PAUL WEBB NORTH RENTON NEIGHBORHOOD ASSOCIATION City of Renton October 28, 2004 Page 2 of 2 The Lakeshore Landing project raises no immediate concerns to the Association. However, it does clarify our concern regarding future development of the properties between North Sixth and North Eighth. In time, this area will be the sole buffer between a major shopping center and our long-standing neighborhood community. Please take this into account in future deliberations. At this time, we ask that the City do everything in its power to open Logan Avenue and connect it to Park Avenue as soon as possible. We believe that opening Logan will significantly lessen the impact on our neighborhood. Finally, we ask for the City's assistance in mitigating the negative impact of impending construction as this project is developed. These are exciting times for the City and our neighborhood. We look forward to being a part of it. Sincerely, Richard D. Zwicker President North Renton Neighborhood Association cc: Fred Bruning, President, Center Oak Properties RICHARD ZWICKER PRESIDENT • SUSANNAH DOUGHERTY, VICE-PRESIDENT • AARON PE"rERSON SECRETARY/TREASURER DIRECTORS: PAM CHICOINE • LEE CHICOINE • LORI GIOMETTI • MIKE O'DONIN • MELINDA WEBB • PAUL WEBB From: Citizens to Council Via Clerk To: North Renton Date: Thu, Nov 4, 2004 9:43 AM Subject: Re: Lakeshore Landing/Public Hearing on 11/8/04 Dear Mr. Zwicker: Thank you for your email. Copy is being forwarded to City officials. This will be made a part of the Public Hearing record on 11/8/04. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "North Renton" <northrenton @ msn.com> 11/2/2004 5:28:38 PM >>> Dear Madam Clerk: Attached is the North Renton Neighborhood Association's official position letter regarding the proposed Lakeshore Landing project. If possible, we would ask that it be read into the record at the public hearing on Monday, November 8, 2004. Please let me know if you have any questions. Thank you for your assistance in this matter. Richard Zwicker President North Renton Neighborhood Association ITT- ff Si, i 3' mod$ (� Y y f $175,000,000 $150,000,000 $125,000,000 $100,000,000 $75,000,000 $50,000,000 2004 Bdgt 2004 midyear _2005 Revenue Estimate; Presentation � .c"a � "_ � . *W S t 4 VDS R $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $ 1 0,000,000 m 2004 midyear_2005 Revenue Estimate P. r:.esentation FIS/Debt 10% Devip/ED 7% Other 17% rdrKS Streets 9% DnliJ+e D •ire 9% � N 6 F $�0,0Oo,000 z b $69,000,000 $68,000,000 $67,000,000 $66,000,000 ` $65,000,000 d $64,000,000 5 $63,000,000 q, $62,000,000 $6 1 ,000,000 $60,000,000 F=lESOUF10ES VS EXPEN[DITUFIES = Expenditures o Fund Balance = F=levenue r 7",'IMAT E .BY V7 2004 midyear _2005 Revenue Estimate Presentation It s uRJ,quasad &e±i 7, 000, 000, 000 5, 000, 000, 000 Mil -a 4, 000, 000, 000 3,000,000,000 CA E 2, 000, 000, 000 py. 1, 000, 000, 000 F 3 = i x m f ( CON: - 3 ATE E Y U S O -IN E ,iass� x � : P AV —� Rate $3.49 $3.42 R 4d 4f S $3.35� >a o $3.28 c a $3.21cc �' H t ,ra $3.14 $3.07 $3.00 A7 ,r,0V -D BV 1 C nr' GOQUNCiL PLANNING & DEVELOPMENT COMMITTEE Datesii- S-a00q COMMITTEE REPORT November 8, 2004 SUNSET BLUFFS APPEAL MAJORITY REPORT File LUA 04-002, ECF, PP (Referred 9/13/04) The Planning and Development Committee heard this appeal on October 21, 2004. After reviewing the record, the written presentations of both parties and hearing oral argument, the majority of the Committee finds that the evidence submitted by Herons Forever was too speculative to sustain its burden of proof before the Hearing Examiner. The majority of the Committee recommends that the full Council reverse the Hearing Examiner and affirm the decision of the ERC. The Committee; further recommends that the Council adopt the following amended Findings and Conclusions to the Hearing Examiner's Report and Decision dated August 3, 2004. AMENDED FINDINGS AND CONCLUSIONS I. Finding of Fact 12. The last sentence is amended to read: "The southwestern corner of the. site .(1.08 acres) is zoned RC (Resource Conservation)." II. Finding of Fact 27.. The third sentence is amended to read: "West is another RM-1 district with multiple family units and industrially zoned property in the City. of Renton that is developed and undeveloped, including a closed quarry site, currently used as a contractor's office, equipment and material storage, recycling and concrete batching." III. Finding of Fact 28 is. amended to add a sentence: "Ms. Sheldon did no study of the biological effects of the change in release rate of the retained stormwater. The retention system was designed according to the King County manual for detention, treatment and controlled release." IV. . Finding of Fact 29 is amended to add a sentence`. "Mr. Rozeboom testified in general terms but without the support of any study or quantitative analysis of the actual effects of the changes in the hydroperiod." V. Finding of Fact 31 is amended to read: "Herons Forever's experts have monitored heron recently and indicated that the birds reacted hostilely to intrusive activities in both this heronry and in others in the Puget Sound Area. They suspect that the proposed grading on this property, over 1,000 feet from the heron colony, might have an impact on the colony. Reports indicate that the birds were flushed and severely disturbed by logging just south of the railroad tracks at the western edge of the riparian forest, but very near to that colony. Anecdotal evidence indicates that the development of an office park within 500 feet of the colony may have caused the Planning and Development Committee Report Nov. 8, 2004 Page 2 colony to move to the north and west and abandon the main nest. This may have also been caused by termination of blasting at the quarry to the west. One can only speculate as to the cause of the move. One can also only speculate as to the effect on the herons of clearing the development site. The area does serve as a source of twigs and possibly forage for food, and this will be eliminated. Work will occur at or above the nesting level, and maps appear to indicate that this will be out of sight of the nests, and flying birds will be able to view the clearing. There was no concrete testimony at the hearing regarding probable significant adverse effects on the herons caused by upslope clearing at a distance starting at over 1,006 feet of the heronry." VI. Finding of Fact 32 is amended to read: "The changes to the seasonal wetlands were raised as to how the changes would affect the food sources of the heron. This testimony was based on the conclusion by Mr. Rozeboom that there would be a risk of significant adverse effects caused by increases in water depth in the closed depression. This conclusion is not based on any quantitative analysis. The testimony of the effects on food sources.is not based on a site specific study." VII. In Finding of Fact 42, the last sentence is amended to read: "These visits to the trail may be affecting the herons in some fashion.". VIII. Finding of Fact 43 is amended by striking the 7t' sentence and substituting in its place: "Minor earthwork, such as finish grading, may occur year round." IX. Finding of Fact 49 is.amended'by adding the following: "The increased runoff volumes from the site would likely increase average depth in the wetlands by 1 to 2 inches in the winter and by less than one inch, in the summer. Predicted changes in water levels and duration in the depressional wetland would have only a negligible impact. These conclusions are based on the use of a King County methodology.. Although Dr. McCarthy made certain assumptions, which may lessen the value of the study, the information remains unrebutted and is the only quantitative information presented:" X. Finding of Fact 60 is stricken. XI. Finding of Fact 61 is added, which reads: "Some historical perspective is necessary. The ERC was aware of this history. The Black River Riparian Forest has been an existing feature in the area. The City participated in constructing the P-1 forebay. About the time the forebay was constructed, the herons were first noticed. Over a period of time the City sought grants to acquire the Black River Riparian Forest. The City acquired part of the Forest by dedication as part of City approvals. The City used grants and its own money to negotiate and acquire, in several stages, approximately 100 acres of property encompassing and surrounding the heronry, where it previously existed and where it is now located. Over $8 million has been expended on this effort. The City Planning and Development Committee Report Nov. 8, 2004 Page 3 helped create the conditions that attracted the herons in the first instance, and has expended substantial effort and resources in protecting the herons and their surroundings." XII. Conclusion 2, the last sentence is stricken. XIII. Conclusion 7 is amended by striking the second and third sentence. XIV. Conclusion 9 is amended by striking the last sentence. XV. Conclusion 10 is amended by adding a sentence, as follows: "Earthwork shall be limited to the dry months — except for, minor earthwork, such as finish grading." XVI. Conclusions 11 through 28 are stricken. XVII. A new Conclusion 11 is added. "The burden of proof is on Herons Forever. As previously stated; the decision of the ERC is entitled to substantial weight. While its good intentions are not; questioned; the testimony of Herons Forever was, in great part, based upon speculation:; There is a lot that is unknown about the behavior of herons and what might affect them, but that field of study is far beyond what could be required of this developer. In general, the developer presented studies of the proposal, while Herons Forever responded,by criticizing the studies and presented general, non -site specific testimony.- Herons' Forever's site specific testimony was of logging and building occurrences ,which -Were much closerto the heronry than the proposed development.'.' XVIII. The Decision<is amended to read "The decision of the ERC is affirmed." Don Persson, substitute member C: Gregg Zimmerman Jason Jordan 4Ad K� PLANNING & DEVELOPMENT COMMITTEE COMMITTEE REPORT November 8, 2004 SUNSET BLUFFS APPEAL MINORITY REPORT File LUA .04-002, ECF, PP (Referred 9/1.3/2004) MINORITY REPORT NOT ADOPTEE MAJORITY REPORT ADOPTED INSTEAD. VOTE OF 4 TO 3. 11-8-2004 I respectfully dissent from the report of the majority of the Committee and recommend that the Council affirm the decision of the Hearing Examiner and require an EIS: Herons Forever presented testimony of qualified experts who stated their opinions that the project as proposed would be likely to disturb the heron colony in ways that would diminish the productivity and could result in the herons abandoning nests in the Black River Riparian Forest over time. $R 900 LLC's experts disagreed with these experts and stated that the impacts would be minimal. The Hearing Examiner considered the evidence and made findings of fact. In general he merely summarized the conflicting testimony of the experts without deciding which expert gave the most credible" -opinion. He :did specifically determine that the testimony of SR 900 LLC's primary expert, Dr. Ken Raedke, who wrote the'report submitted to the ERC, appeared to lack scientific basis and was not credible. Dr. Raedke testified that herons in general are not disturbed by human activities" near their nests, and that the development would have no significant impact on the heron colony. Dr. Raedke's resume shows that he is an expert on deer and elk, not herons: He mainly relied on a master's thesis written over .10 years ago by a master's student, Ms. Stabins. Other researchers attempting to verify her nest counts have not validated her research. He also cited studies from other states and Canada rather than local studies. In contrast, Herons Forever presented Kate Stenberg, Ph.D., a heron expert who has monitored herons in the Puget Sound region and, specifically, at the Black River Riparian Forest, and Patricia Thompson, a wildlife biologist with Washington Department of Fish and Wildlife. Their testimony was specific to Western Washington and to the Black River heron colony. Dr. Stenberg and Ms. Thompson demonstrated much greater familiarity with the research on herons than Dr. Raedke. They described a dramatic decline of heron. colonies in King County,. while the Black River colony has thrived. Dr. Stenberg identified specific impacts that were not considered by the ERC. Increased runoff and lawn chemicals from the development may disturb the large wetland on the development where the herons feed, and nesting trees may be killed. Noise construction noise will be more intense because the development is above the nesting area. A construction season limitation to avoid disturbance during nesting was not considered by the ERC. Planning and Development Committee Report Page 2 Ms. Thompson recommended a site -specific management plan designed with the assistance of her department so that after construction the impacts of pets and people from the development could be minimized. Dyane Sheldon, a wetlands biologist, stated that the change in runoff from the development could change the timing as well as volume of water feeding wetlands on and off the development that needs to be assessed and was not considered by the ERC. Bill Rozeboom testified that further studies of water runoff volumes are needed. The majority of this Committee concludes that this evidence is "too speculative to sustain [Herons Forever's] burden of proof." But it is SR 900 LLC, not Herons Forever, which has the burden of proof at this hearing. It must show that the Hearing Examiner made a substantial error of fact or law. Otherwise, the Hearing Examiner's decision must stand. SEPA law requires an EIS unless all of the likely significant adverse impacts have been, considered first. An adverse impact does not need to, be proved with exact certainty. ape 3n - specifically states that "several marginal, when considered 1i-3 p Y g�impacts, together, may result in a significant adverse impact," and that, "for some proposals, it may be impossible to forecast the environmental impacts with precision, often because some variables cannot be predicted or values cannot be quantified". The WAC recognizes that a development proposal may involve "unique and unknown risks`to the environment." Scientific knowledge of Great Blue Herons is in its early stages, and it is not reasonable to expect exact predictions of the effect.of the development on the ;Black River colony. The Hearing Examiner's Conclusions were carefully crafted based on his findings of fact, applying his extensive knowledge of SEPA law. He specifically.listed the likely impacts on the ecosystem that the herons rely on from construction and.occupation of the development. He required only a limited review of five issues so that experts under supervision of City staff could: weigh the conflicting `testimony and provide information needed so that the project can go forward while protecting the herons. After the EIS, SR 900 LLC will have further opportunity to appeal any mitigation measures it may find unreasonable. The Hearing Examiner did not make a substantial error of fact or law. The Council should affirm his decision. Dan Clawson, Vice -Chair C: Gregg Zimmerman Jason Jordan DATE: TO: FROM: CITY OF RENTON MEMORANDUM November 8, 2004 Don Persson, Council President Members of the Renton City Council Kathy Keolker-Wheeler, Mayor Jay Covington, Chief Administrative Officer SUBJECT: Administrative Report In addition to our day-to-day activities, the following items are worthy of note for this week: GENERAL INFORMATION Beginning Veterans Day, a new exhibit will be featured at the Renton Historical Museum, 235 Mill Avenue South, commemorating the sacrifices of Renton's uniformed men and women during the World Wars. The exhibit will feature approximately 160 images out of 350 from the famed "Renton Super Creamery" collection, as well as a complete listing of those in uniform from the Renton area. It will be a long-term exhibit and can be viewed for several years. The museum will be open on Veterans Day from 10:00 a.m. to 4:00 p.m. Admission is $3 for adults, $1 for children, and free to all veterans and Renton Historical Society members. For more information, contact the museum at 425-255-2330. COMMUNITY SERVICES DEPARTMENT • On November P, 145 seniors and 20 Hazen High School volunteers went back in time as the Renton Senior Activity Center hosted its annual 50's party! The attendees enjoyed burgers and fries, the Edsels performed rock and roll music, and a "Twist" contest was the highlight of the evening. • Valley Community Players will present the captivating holiday comedy My Three Angels at Carco Theatre, beginning November 190' through December 120'. For performance times and ticket information, call 425-226- 5190. • Volunteers will serve a Thanksgiving meal to senior citizens at the Renton Senior Activity Center on Thursday, November 250'. The Center will be open from 10:00 a.m. to 2:00 p.m. for senior citizens to enjoy a day of social and recreational activities. A free holiday meal will be served at 11:45 a.m. Seniors must pick up a free ticket prior to Tuesday, November 23`d, for their meal reservation and transportation request. For additional information, call 425-430-6633. PLANNING/BUILDING/PUBLIC WORKS DEPARTMENT A public review period on the draft Chinook Salmon Conservation Plan runs from November 120' to December 16"'. After November 12t', the draft plan can be accessed through King County's website at www.metrokc.gov. To allow the Renton community to comment on the draft Plan, an open house will be held on Tuesday, November 16`b, from 6:30 p.m. to 9:00 p.m., at the Maplewood Golf Course Club House, 4050 Maple Valley Highway. Additional open houses will be held in December in Bothell, Redmond, and Seattle. For further information, call 206-296-8249. 0 Last week, the City's street crew installed the traffic calming speed hump in Smithers Avenue South. From: Citizens to Council Via Clerk To: Doris Yepez Date: Tue, Nov 9, 2004 1:51 PM Subject: Re: Black River Channel Restoration Project Dear Ms. Yepez: Thank you for your e-mail to the Renton City Council. Copy is being forwarded to all Councilmembers for review. If I can provide further information or assistance, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> Doris Yepez <dorisdandelion@yahoo.com> 11/9/2004 11:20:21 AM >>> Hello Council Members, I want to first say that I appreciate very much the support I felt from you last night when I talked about my restoration project. It made my heart feel warm to see the council so interested and involved in protecting and enhancing the environment! I was asked to email you something about my project. I have attached a flyer to this email. It gives dates of my outreach mtg. and planting, etc.The second attachment is a draft of what I will be doing throughout the project. I also would like to invite you to my site mtg. tomorrow, Wed. Nov. 10th at 9:30 am. King County grant people and a biologist will be there to discuss the project with me and give me feedback. It would be great to have someone from the city of Renton there as well to represent the city. We're meeting at the restoration site which is immediately after the Black River pump station on 550 Monster Rd SW, heading north, and immediately before the Monster Rd. SW bridge.So the area is sandwiched in between the pump station and the bridge, to give you a clearer picture of where it's at. If you have any other questions or concerns for me, I'd be glad to respond by phone or email. My phone # is 425 891-0730. One more request: would it be possible to post the flyer of my project around City Hall on different floors? Thanks again for your show of support, and I hope to work with you further on this project, and on other projects. I'm very excited to be doing this grant, and I get all the more excited about it, the more people get involved. It's just so great to see so many people caring about the environment and doing so much to better it! Warmly, . Doris Yepez Restoration Plan for Black River Channel Doris Yepez, sponsored by the Seattle Audubon Society, has been awarded a $28,349 WaterWorks grant from King County. The grant money will be used to do restoration work at the Black River Channel in Renton, Washington, off of Monster Rd. SW. The area to be restored is the south side of the Black River Channel between the Black River Pumping Station and the Monster Rd. SW bridge. A small population of salmon find their way upstream and downstream along the waters of the Channel. Approximately, 2000 juvenile salmon have been counted swimming downstream in a year's time. Many other wildlife have been spotted in this area, river otters, coyotes, numerous bird species, including the Great Blue Heron, whose rookery, in the Black River Riparian Forest, is adjacent to the Black River Channel, on the upstream side of the Black River Pumping Station. The Heron population at the Forest is the largest in the tri-counties of King, Pierce and Snohomish. The entire Black River area is very important to a multitude and a diversity of wildlife. The channel is also an important link to the Green and Duwamish Rivers, and is the "usual and accustomed" territory of the Duwamish and Muckleshoot Tribes. The entire area to be restored is approximately 1/2 an acre. The restoration area will include approximately 20 ft. of riverbank, on which is mostly growing Himalayan blackberries, an invasive species, and a grassy field, which extends from the river bank to the road, and measures approximately 80 ft. wide by 340 ft. long. The field area will be somewhat challenging, since it is underlain with gravel. The restoration tasks include: 1. Remove the 11 ecology blocks that have been left on the property. 2. Cut the blackberries, on the top 15-20ft. of the riverbank and grub them out. The removal of the invasives on the riverbank, as well as the planting of native vegetation there, will be done by paid crews since the river bank is steep. 3. Remove the island of invasives in the field area. The approximate size of island is 250X20 ft. 4. Dig plant holes in the field with augers, since the ground is gravelly and compacted, and widen holes with picks or shovels. 5. Amend planting sites with top soil, and inoculate with native soil from the Black River Riparian Forest. 6. Cover rows of blackberries with landscape fabric. 7. Plant trees and shrubs. Add mulch around planted vegetation. These tasks to be done by volunteers. 8. Install a drip irrigation system, connecting it to the faucet at the Pump Station. The water from the faucet will be the water source for the irrigation system. Volunteers will be recruited to assist with the installation of the drip irrigation system. 9. Monitor the restoration site, at least twice a month for the first few months, then at least once a month afterwards. Monitoring includes checking how the newly planted native vegetation is doing, covering native plants with protective meshing if being chewed upon, removing invasive weeds that are growing in, checking and repairing, if necessary, the irrigation system One of the requisites of the grant is to involve the community as much as possible, with hopes of instilling and fostering a sense of responsibility and stewardship for the environment. Therefore, before the restoration work is begun, I will be inviting my partners, Herons Forever, the Duwamish Tribe, Friends of Black River, and my sponsor, Seattle Audubon, as well as Renton officials and citizens, and anyone else interested, to a meeting where I will make a slide presentation of my restoration project, introduce my partners and sponsor, and hopefully drum up support for the project and site and recruit more volunteers for the plantings. I will also be contacting newspapers and other media sources, and will be placing signs on the property letting people know about the project. A final sign will have the names of the volunteers and contributors. Doris Yepez 16444 SE 135' St. Renton, WA 98059 Phone: 425 891-0730 'a Volunteers Needed for: The Black River Channel Native Plant Restoration Project on Monster Rd. SW, off Oakesdale Ave., in Renton Do you enjoy working with plants? Do you care about your community? Do you want to do something for the Wildlife or the Environment? The Black River Channel Restoration site is adjacent to the BRRF, the Black River Riparian Forest, in Renton. The BRRF is home to the largest colony of Great Blue Heron in the 3 counties of King, Snohomish and Pierce, besides a multitude of other wildlife. The herons, and other wildlife, come to the channel for food, and shelter. The goal of the restoration project is to enhance the fish, heron and other wildlife, habitat in the Black River area and to create a buffer from the noise and pollution of the street. There will be a community outreach meeting, to talk about the project, on Tuesday, Nov. 16th at 7 p.m. at the Renton Community Center, 1715 Maple Valley Hwy, in Renton. The Center's phone # is 425 430-5700. The planting of native trees is scheduled for Saturday, January 22, 2005. Everyone is welcome to the outreach meeting and to the planting. This would be a fun event for families, to set the example for the children, how we care about our Earth! "For Questions or Concerns: call Doris at 425 891-0730 or email: dorisdandelion@yahoo.com. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board. Staff Contact...... AJLS/City Clerk Bonnie Walton Subject: Sale of Old Fire Station #12 901 Harrington Ave. NE Exhibits: Staff Memo Bid Tabulation Sheet (1 Bid) Minutes of 9-20-04 & Resolution No. 3715 Bid Package & Flyer Al #: For Agenda of: Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information ......... 11/8/2004 Recommended Action: Approvals: Legal Dept......... X Council Concur Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... $427,500 Total Project Budget City Share Total Project.. SUMMARY OF ACTION: X X On September 20, 2004, City Council set compensation for the Old Fire Station 12 property, located at 901 Harrington Ave. NE, at the appraised value of $475,000. Council also adopted Resolution No. 3715, declaring the property as surplus and authorizing sale of the property for at least $427,500, which is 10% less of appraised value. The 10% parameters for acceptance are also authorized in City Policy and Procedure #100-12, Surplus Property, Proper advertisements having been made, one sealed bid in the amount of $427,500, excluding excise tax, from Eric and Jie Haywood for Sale of Old Fire Station #12 was received and formally opened on October 26, 2004. STAFF RECOMMENDATION: Award the bid for Sale of Old Fire Station #12, 901 Harrington Ave. NE, to Eric and Jie Haywood, in the amount of $427,500, plus excise tax, and authorize the Mayor and City Clerk to sign the sale documents. Rentonnet/agnbill/ bh CITY OF RENTON MEMORANDUM DATE: October 26, 2004 TO: Bonnie Walton, City Clerk FROM: Karen McFarland (x7209)40t SUBJECT: Bid Award Re: Old Fire Station 12 Located At 901 Harrington Ave. NE The Planning/Building/Public Works Department has reviewed the bid submitted for Old Fire Station 12 located At 901 Harrington Ave. NE and recommends acceptance of the bid to Eric and Jie Haywood. We are requesting that the bid results be provided to Council for the November ]" Council Meeting as an information item. The bid opening was on Tuesday, October 26, 2004. There was l bid received. There were no irregularities in this bid. The high bidder was Eric and Jie Haywood, with a bid of $427,500.00, excluding excise tax. The minimum acceptable bid was $427,500, excluding excise tax. PACurrent Projects\Surplus\Award-Clerk.doc CITY OF RENTON BID TABULATION SHEET PROJECT: Sale of Old Fire Station #12 - 901 Harrington Ave. NE; CAG-04-134 DATE: October 26, 2004 ESTIMATE TOTAL: $427,500.00 September 20, 2004 Renton City Council Minutes Page 315 UNFINISHED BUSINESS Finance Committee Chair Corman presented a report increasing the number of Finance Committee positions in the 2004 Budget of the Police Department for the purpose of ` Finance: Unfunded Positions meeting service demands. The Committee recommended concurrence in the Creation, Police Department staff recommendation to immediately create two additional positions in the Police Department, one police officer and one non-commissioned position, for the purpose of covering long absences by regular full-time employees, such as. for absences of Police Department employees who are serving in the armed services. The appropriation authority does not need to be increased for these positions, as funding is available in the current budget. The Committee further recommended that the ordinance to authorize these positions be presented in the 2004 end of the year budget amendments ordinance. MOVED BY CORMAN, SECONDED BY LAW, 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 declare surplus old Public Works: Surplus of City- Fire Station #12, located at 901 Harrington Ave. NE, and set compensation at Owned Property, 901 $475,000. Harrington Ave NE The Committee further recommended that the administrative costs associated with the Surplus Real Property Procedures be reimbursed to the Property Services Section from the proceeds of the sale, and that the balance of the proceeds be credited to the Fire Department's Fire Mitigation Fund. MOVED . BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE _ COMMITTEE REPORT. CARRIED. (See page 316 for resolution.) Human Services: 2005 CDBG Community Services Committee Chair Nelson presented a report regarding the & 2005/2006 General Fund 2005/2006 General Fund funding recommendations and 2005 Community Allocations Development Block Grant (CDBG) funding recommendations. The Committee acknowledges the hard work and long hours the members of the Human Services Advisory Committee have given to the year -long funding process, both in expanding their knowledge of the needs and gaps in Renton services, in identifying new trends, and in application review and agency interviews. The City is currently developing a plan to implement the Human Services Element in the City's Comprehensive Plan. This will address several of the issues raised this funding cycle such as how to meet emerging needs while continuing to fund current services. Until the plan is complete and funding guidelines for the 2007/2008 funding process have been developed, funding will not be decreased to agencies currently receiving General Funds or CDBG public services funding, contingent upon agencies meeting contract requirements. It is recommended that funding be restored to all agencies to their 2004 levels, with inclusion of one new program, Hearing, Speech and Deafness Center, to be funded. The funding process has raised a number of issues this year. For the 2007/2008 funding process, an ad hoc conunittee will develop funding guidelines that are sensitive to the needs of agencies for stable funding, while addressing the changing needs of the community's diverse population. J/ The Committee further recommended adoption of the 2005 CDBG Contingency Plan. MOVED BY NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. 10 CITY OF RENTON, WASHINGTON RESOLUTION NO. 3 715 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AS SURPLUS THE OLD FIRE STATION 12, LOCATED AT 901 HARRINGTON AVENUE NE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN SUCH DOCUMENTS AS NECESSARY TO TRANSFER TITLE. WHEREAS, the City of Renton, after a news release and publication of a notice for a public hearing, held a public hearing on November 17, 2003, to consider the issue of declaring certain real property surplus, such property being legally described in Exhibit A attached hereto and incorporated by reference as if fully set forth, and being commonly known as Old Fire Station 12, located at 901 Harrington Ave NE; and WHEREAS, those members of the public who wished to testify were duly allowed to testify, and their testimony was considered by the City Council; and WHEREAS, the law requires an appraisal; and WHEREAS, the City Administration has ordered an appraisal of the value of this real property; and WHEREAS, the City Council has determined that the sale of this property is in the public interest; NOW, THERFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above findings are true and correct in all respects. SECTION II. The property in question is declared surplus. SECTION III. The Mayor and City Clerk are hereby authorized to sign the necessary documents to consummate the conveyance of the real estate that has been surplused, RESOLUTION NO. 3715 contingent upon the property being sold for a price that is at least $427,500, but on the most advantageous terms, including price, that the City can obtain. PASSED BY THE CITY COUNCIL this 20th day of September , 2004. APPROVED BY THE MAYOR this 2 0 t h Approved as to form: NAW RES.1069:9/9/04:ma Bonnie I. Walton, City Clerk day of September 312004. �4 Kathy K olker-Wheeler, Mayor 2 5 `7'12 RESOLUTION NO. 3715 OLD FIRE STATION 12 PROPERTY LEGAL DESCRIPTION: Lots 17, Block 6, Plat of Renton Highlands, according to the plat thereof recorded in Volume 46 of Plats, Pages 34 to 41, records of King County, Washington; All situate in the Northwest Quarter of Section 9, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. Award Date: Awarded to: Bidding Requirements, City of Renton Forms, Bid Package City of Renton Sale of: Old Fire Station 12 (901 Harrington Ave NE) PROJECT NO. PRM-28-0007 City of Renton 1055 South Grady Way Renton WA 98055 General Bid Information: (425) 430-7200 Contact: Karen McFarland (425) 430-7209 ® Printed on Recycled Paper CITY OF RENTON PRM-28-0007 Sale of Old Fire Station 12 Located at 901 Harrington Ave NE BID PACKAGE TABLE OF CONTENTS Scope of Purchase Vicinity Map Instructions to Bidders Call for Bids *Proposal *Schedule of Prices Documents marked as follows must be submitted at the time noted and must be executed by the Contractor, President and Vice President or Secretary if corporation by-laws permit. All pages must be signed. In the event another person has been duly authorized to execute contracts, a copy of the corporation minutes establishing this authority must be attached to the bid document. * = Submit with Bid CITY OF RENTON Planning/Building/Public Works Department 1055 South Grady Way Renton, Washington 98055 CITY OF RENTON PRM-28-0007 Sale of Old Fire Station 12 Located at 901 Harrington Ave NE SCOPE OF PURCHASE The scope involved under the terms of the purchase of this facility shall be full and complete compensation to the City for the transfer of the ownership of the facilities. A review of the existing structure will be held on October 13, 2004, from l O:OOAM to 2:OOPM at the site location of 901 Harrington Ave NE. City staff will be available to provide full access to the structure and answer questions. Any purchaser shall comply with all Federal, State, County, and City codes and regulations applicable to such conditions of purchase. A total of Ninety (90) calendar days will be allowed for the complete transfer of ownership of this facility. INSTRUCTIONS TO BIDDERS 1. Sealed bids for this proposal will be received by the City of Renton at the office of the Renton City Clerk, Renton City Hall, until the time and date specified in the Call for Bids. At this time the bids will be publicly opened and read, after which the bids will be considered and the award made as early as practicable. No proposal may be changed or withdrawn after the time set for receiving bids. Proposals shall be submitted on the forms attached hereto. The bid price shall be stated in terms of the units indicated and as to a total amount. In the event of errors, the unit price bid will govern. Illegible figures will invalidate the bid. The right is reserved to reject any and/or all bids and to waive informalities if it is deemed advantageous to the City to do so. 4. All bids must be self-explanatory. No opportunity will be offered for oral explanation except as the City may request further information on particular points. S. The bidder shall, upon request, furnish information to the City as to his financial and practical ability to satisfactorily complete the purchase. 6. Payment for the purchase of the facilities shall be in the form of a certified check payable to the City of Renton. 7. All closing costs will be paid by the City and therefore should not be included in the bid price. 8. _ Basis For Approval The bid will be awarded by the City of Renton to the highest, responsible, responsive bidder. The minimum acceptable bid is $427,500. Partial bids will not be accepted. The intent is to award to only one BIDDER. CAG-04-134 CITY OF RENTON CALL FOR BIDS Sale of Old Fire Station 12 Located at 901 Harrington Ave. NE PRM-28-0007 Sealed bids will be received until 2:30 p.m., Tuesday, October 26, 2004, at the City Clerk's office, 7'h floor, and will be opened and publicly read in conference room 511 on the 5th floor, Renton City Hall, 1055 South Grady Way. Sale Includes: Purchase from the City of Renton of the real property located at 901 Harrington Ave NE. Sale shall be completed within 90 calendar days of the bid opening. The property is approximately 18,372 square feet and is currently zoned Center Suburban. The purpose of the Center Suburban Zone (CS) is to provide for mixed -use commercial centers located outside downtown Renton. Use allowances promote commercial and retail development opportunities for residents to shop locally. Uses and standards allow complementary, higher - density residential development that supports the Center, and discourages garden -style, multi- family development. The minimum acceptable proposal is $427,500. The City reserves the right to reject any and/or all bids and to waive any and/or all informalities. Bid Package forms may be obtained from the City of Renton, Planning/Building/Public Works Department, sixth floor Customer Service Counter, 1055 South Grady Way, Renton, WA 98055. If you would like a copy of these forms mailed to you, please request them from Teresa Phelan at (425) 430-7332. Questions regarding this call for bids or the plan holders lists should be directed to the Public Works Customer Service Counter at the above address or at (425) 430-7200. If a bidder has any questions regarding this process, please contact Karen McFarland at 1055 South Grady Way, Renton, WA 98055 or (425) 430-7209. Bonnie I. Walton, City Clerk Published: Daily Journal of Commerce October 6 & 13, 2004 King County Journal (Account #50640) October 8 & 15, 2004 CITY OF RENTON Sale of Old Fire Station 12 Located at 901 Harrington Ave NE PROPOSAL TO THE CITY OF RENTON RENTON, WASHINGTON Ladies and/or Gentleman: The undersigned hereby certify that the bidder has examined the site of the proposed facilities and has read and thoroughly understands this bid package and the method by which payment will be made for said real property, and hereby propose to undertake and complete the purchase of said real property, in accordance with said bid package and the following schedule of rates and process. Company Name Printed Name Signature Authorized Representative Address: CITY OF RENTON PUBLIC WORKS DEPARTMENT SCHEDULE OF PRICES Sale of Old Fire Station 12 Located at 901 Harrington Ave NE (Note: Unit prices for all items and total amount of bid must be shown. Show unit prices in both words and figures and where conflict occurs the written or typed words shall prevail.) ITEM APPROX. ITEM WITH UNIT PRICED BID UNIT PRICE =AMOUNT NO. QTY. (Unit Prices to be written in words) Dollars Cents I Dollars Cents 001, 1 Lump Sum Total Bid Price for Purchase of Real Property from City Per Lump Sum' (words) (figures) 1.78% Excise Tax $ Total $ * Minimum unit bid price shall not be less than $427,500 (prior to excise tax). FOR SALE 5,764 SF Building located on 18,372 SF Site $427,500 Bids will be received until 2:30 p.m. October 26, 2004 at the City Clerk's office Center Suburban (CS) Mixed -Use Commercial 1 block south of SR900 (connecting 1-5 to Issaquah) with 23,000+ vehicle trips per day Less than 1 mile from 1-405 with 136,000 vehicle trips per day Multi -family Housing Professional Offices Eating/Drinking Establishments Retail Sales Daycare/ Private Schools Community Center (Private or Public) RENTON "HEAD Of THE CURVE FOR SALE ano 3vrl �JiY/1iY �:i :i 1111//Iry •y r� ■�� �,ra c.n � y �� ��IIi1• :I..I. -J RESIDENTIAL (R-8) Residential 8 du/ac (RMH) Residential Manufactured Homes (R-10) Residential 10 du/ac (R-14) Residential 14 dulac (RM-F) Residential Mur -Family ® (RM-T) Residential Multi -Family Traditional (RM-U) Residential Multi -Family Urban Center COMMERCIAL (CA) Commercial Arterial (CO) Commercial Office RIM (CN) Convenience Neighborhood f MIXED USE CENTERS (CV) Center Village (UC-N1) Urban Center- North 1 (UC-N2) Urban Center - North 2 (CD) Center Downtown ® (COR) Commercial/Office/Residential • Corner of NE 9th Street and Harrington Ave NE • Part of the Highlands Redevelopment Area targeted in the City's 2005-2010 Business Plan Goals. The Mayor and the City Council are committed to stimulating revitalization in the Renton Highlands by continuing aggressive redevelopment efforts and by creating opportunities for new investment in the area. (see www.ci.renton.wa.us/ednsp/highland.htm) • 1 block south of SR900 (connecting 1-5 to Issaquah) with 23,000+ vehicle trips per day • Less than 1 mile from 1-405 with 136,000 vehicle trips per day • Close to other commercial development and a wide variety of retail uses • Proposed Mixed Use Commercial/Residential Project across the street • Close to Renton Technical College • Adjacent to the Highlands Elementary School and near the Highlands Neighborhood Center • Prior use as a fire station. Two-story struc- ture includes: • Office space • • Residential space RE N T O N • Conference area AHEAD OF THE CURVE • Two (2) open bays a Submitting Data: Dept/Div/Board.. Staff Contact...... CITY OF RENTON COUNCIL AGENDA BILL AI a: Community Services Peter Renner Ext. 6605 Subject: Lease and Caretaker's Agreement with Leroy Coffman Exhibits: Issue Paper - Proposed Lease and Caretaker's Agreement Draft Lease and Caretaker's Agreement For Agenda of: 11/8/04 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Recommended Action: Approvals: Refer to Finance Committee Legal Dept ..... x.... Finance Dept..x... X Fiscal Impact: Expenditure Required... None Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Estimate $10,800 net over the first three- year lease term. Total Project Budget City Share Total Project.. SUMMARY OF ACTION: A tenant custodian on the City -owned, Edlund/Korum property at 17611 103`d Ave SE, Renton, WA, 98055, has proposed to perform certain caretaker duties for the City on the property and to pay rent in the amount of $500 per month for a trzee-gear period from the date of lease signing forward. Business terms include the opportunity to extend the lease in one-year increments at the end of the original three-year term.; retention of termination rights with 120-day notice by both the City and the tenant after the original three-year term; reservation of the right to terminate by the City if park development funds suddenly become available; reservation of the right to terminate by the City if a singular capital repair cost exceeds $3,000; and the provision of reasonable amounts of maintenance supplies to the tenant by the City. City staff has negotiated the business terms of the proposed lease. Legal and Risk Management have reviewed the proposed lease and caretaker agreement documents. STAFF RECOMMENDATION: Council authorize the Mayor and City Clerk to sign the proposed Lease and Caretaker Agreement with Leroy Coffman. Rentonnet/agnbill/ bh MEMORANDUM CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Don Persson, Council President Members of the Renton City Council VIA: IL' Kathy Keolker-Wheeler, Mayor Sort' FROM: Dennis Culp, Community Services Administrator STAFF CONTACT: Peter Renner, x6605 SUBJECT: Proposed Lease and Caretaker's Agreement DATE: October 29, 2004 Issue• Should the City sign a property Lease and Caretaker's Agreement with Leroy Coffman to continue custodial services at the Edlund property? Recommendation: Authorize the Mayor and City Clerk to sign the Lease and Caretaker's Agreement with Leroy Coffman. Background: • In June of this year, the City purchased the so-called Edlund/Korum Property on Carr Road in unincorporated King County, for future development as a park. • The 17.9-acre site is located in a densely populated area. There are two livable houses and a barn on site. The City has no immediate plans to develop the site. • The previous owners experienced a considerable amount of vandalism, trash dumping, and other criminal behavior when the houses were vacant. • Therefore, one of the previous owners, Bill Korum, leased the house he owned to a tenant who performed repair, maintenance, security, and custodial duties. The City of Renton Memorandum October 29, 2004 Page 2 of 2 tenant received an exemplary recommendation from Mr. Korum for his performance of those duties. The tenant is willing and eager to continue to perform these duties in exchange for a reasonable fee lease. The Lease and Caretaker's Agreement contains the following business points: o Monthly rents for the 3-year period effective from the lease signing are $500. The lease is automatically renewable annually in one-year extensions. o The Tenant is responsible for duties as outlined in the attached Addendum 1. o The City is not responsible for utilities. o After the original 3-year lease, both the City and the Tenant have termination rights with a 120-day notice. o The City may terminate the Agreement if park development funds suddenly become available. o The City reserves the right to terminate the Agreement if singular capital repair costs for the house exceed $3,000. An example would be a septic system failure. o The Tenant shall provide $250,000 liability insurance and shall name the City as an additional insured, and shall hold the City harmless. o The City will provide maintenance supplies in reasonable amounts upon tenant request. o The City Attorney created the lease document and has reviewed the Caretaker's Agreement, and the City's HR and Risk Management, Administrator has also reviewed these documents. Conclusion: It is important for the City to retain the safety, security and asset value of this property. Using a custodian satisfies the City's needs in these areas for the foreseeable future at no net cost. Staff has reviewed and agreed with the business points of the Lease and Caretaker's Agreement. Attachments C: Jay Covington Victoria Runkle LEASE AND CARETAKER'S AGREEMENT This Lease and Caretaker's Agreement ("Agreement") is made and entered into this day of November, 2004, by and between the City of Renton ("City"), a municipal corporation, and Leroy Coffman ("Tenant" or "Caretaker"). LEASE: The City does hereby lease to Tenant that certain real property legally described in Exhibit "A", attached hereto and incorporated by reference as if fully set forth. 2. TERM: This Agreement shall be for an initial term of three (3) years from the date of signing, unless otherwise terminated pursuant to the termination section of this Agreement. After the initial three (3) year term of this Agreement, it shall be automatically renewed for additional one (1) year period of time, unless notice of termination is given by the City or the Tenant, pursuant to the termination section of this Agreement, such notice given at least one hundred and twenty (120) days prior to the end of the term of this Agreement. 3. LEASE PAYMENTS: Tenant shall pay unto the City of Renton, as lease payment, the sum of five hundred dollars ($500.00) per month, which includes leasehold excise tax, plus performance of the caretakers tasks, detailed below. Payment is due on the first day of the month, in advance. If payment is not so made, a late payment charge of fifty dollars ($50.00) is then assessed, with interest at twelve percent (12%) per annum on all late payments. 4. DUTIES OF CARETAKER: Tenant will undertake the responsibility to oversee the property in its present condition and serve as caretaker for that property. Tenant will advise the City of any changes to the property, such as dumping on the property, flooding or erosion -1- damage, or vandalism. Tenant shall also perform routine ordinary maintenance tasks on the property as outlined in Exhibit `B", "Tenant Responsibilities", attached hereto and incorporated by reference as if fully set forth. 5. TERMINATIO A. Voluntary by Tenant: Tenant may terminate this Agreement, after its initial three (3) year term, by giving the City one hundred and twenty (120) days notice prior to the termination date. Tenant shall also have the right to terminate this tenancy upon any extended term, by giving notice of intent to terminate the tenancy at least one hundred and twenty (120) days prior to the end of any extended term. B. Voluntary by City: The City may terminate this Agreement, upon the occurrence of presently unanticipated events, such as the following: i. Receipt of extraordinary development funds for this property, or substantial completion of park projects ranking in a higher priority than the subject property, with funds available to develop this property. ii. Preparation of a master plan for the park, funding to accomplish all or a defined portion of that master plan, and a finding by the Park Board that a portion or all of the property subject to this Agreement is necessary to satisfy public demand for recreation, passive use or open space properties. -2- iii. If any of these events occur, the City shall first attempt to limit this voluntary termination of this Agreement to the minimum portion of the property. iv. The City may terminate this Agreement by the giving of one hundred and twenty (120) days notice of intent to terminate the Agreement before the expiration of the initial three (3) year tern, or any extended term. 6. INSURANCE AND HOLD HARMLESS: Tenant shall agree to hold the City harmless from any and all claims, causes of action, damages or harm otherwise caused by his occupation of the premises, including attorney's fees, and shall hold the City harmless from any injury to his person or property that is placed on or allowed to go upon the property, unless caused by the negligence of the City. To the extent Tenant has any personal property, possessions, livestock or structures that are on this property or allowed to go upon this property, he shall maintain liability insurance in the amount of not less than two hundred and fifty thousand dollars ($250,000.00), naming the City as an additional insured for any damages, claims, cause of action or other actions caused by the use of the property. DATED: November , 2004. CITY OF RENTON: TENANT: Leroy Coffman -3- Tenant Responsibilities The tenant in the City of Renton -owned house at 17611 103d Ave SE, Renton, WA 98055, shall be responsible for the following custodial tasks: 1) Providing labor and equipment to mow grassed areas adjacent to the house, as shown on the attached Addendum A. These areas will be mowed as often as necessary to maintain a presentable appearance and to prevent fire hazards. 2) Providing labor and equipment to maintain blackberry -cleared areas to the extent that the City of Renton clears them in an initial clearing operation, including those areas around existing structures that will be removed. The City of Renton will also remove existing wire fences that impede clearing and mowing operations. 3) Removing litter and trash as it accumulates, no less often than at every mowing. 4) Providing the labor to maintain remaining fences and any other perimeter fences that the City of Renton may install during the period of this agreement. 5) Painting any area of the house or the adjacent barn that lose paint, and to do so within 4 months of the loss of paint, and to do so in a workmanlike manner, to include priming the bare surface first. The tenant will also paint over graffiti as it occurs, within two weeks of its appearance. The City of Renton will be responsible to replace the barn roof and to paint the entire structure once before this responsibility falls to the tenant. 6) Providing the normal labor to maintain mechanical systems in the house and adjacent barn to a safe and efficient level. These systems include, as applicable, heating equipment, the plumbing system, and the security lights. The City of Renton will provide supplies in reasonable amounts, as needed, within two weeks of request. 7) In the event of the major failure of any of the house's systems, such as the furnace or the septic drain field, the City of Renton will be fully responsible for repairs or replacement, but also reserves the right to terminate the rental agreement if such repairs exceed $3000. 8) Calling the appropriate police or sheriff's department when suspicious or obviously criminal activities are taking place on the property, and to provide reports of these incidents to the City of Renton Facility Manager within 48 hours of their occurrence. The Talon Group a Division of First American Title Insurance Co. Commitment No.: 384014 Exhibit "A" Real property in the County of King, State of Washington, described as follows: Parcel A: The North Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 32, Township 23 North, Range 5 east, W.M., in King County, Washington. Together with.that portion of the North Half of the Northeast Quarter of the Northeast Quarter of the Northwest Quarter of said Section 32, lying Westerly of the Westerly Right of Way margin of 103rd Place Southeast. Together with the North 187 feet of the South Half of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32, lying Easterly of a line parallel with and distant 426.00 feet Easterly at right angles from the West line of the Northwest Quarter of the Northwest Quarter of said Section 32. Parcel B: That portion of the Northwest Quarter. of the Northwest Quarter of Section 32, Township 23 North, Range 5 East, W.M., in King County, Washington, described as follows: Beginning at the Northwest corner of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of said section 32; thence South 00022'52" West 333.17 feet to the South line of the North Half of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32, and the true point of beginning; thence North 86019'24" East 277.00 feet along said South line to the Westerly margin of the J.G. Carr Road; thence South 02024'54" West along the Westerly margin of said road a distance of 404.91 feet to a point of curve; thence along said curve to the right 278.71 feet; thence North 88019'28" East 74.96 feet to the West line of the Southeast Quarter of the Northwest Quarter of the Northwest Quarter of said Section 32; thence North 00022'52" East 556.74 feet to the true point of beginning. Except that portion conveyed to King County for road by deed recorded under recording no. 5799285. Tax Parcel Number: 322305-907204 and 322305-915603 Form No. 1068-2 Page 3 of 10 ALTA Plain Language Commitment Exhibit "B" Tenant Responsibilities The tenant in the City of Renton -owned house at 17611 103Id Ave SE, Renton, WA 98055, shall be responsible for the following custodial tasks: 1) Providing labor and equipment to mow grassed areas adjacent to the house, as shown on the attached Addendum A. These areas will be mowed as often as necessary to maintain a presentable appearance and to prevent fire hazards. 2) Providing labor and equipment to maintain blackberry -cleared areas to the extent that the City of Renton clears them in an initial clearing operation, including those areas around existing structures that will be removed. The City of Renton will also remove existing wire fences that impede clearing and mowing operations. 3) Removing litter and trash as it accumulates, no less often than at every mowing. 4) Providing the labor to maintain remaining fences and any other perimeter fences that the City of Renton may install during the period of this agreement. 5) Painting any area of the house or the adjacent barn that lose paint, and to do so within 4 months of the loss of paint, and to do so in a workmanlike manner, to include priming the bare surface first. The tenant will also paint over graffiti as it occurs, within two weeks of its appearance. The City of Renton will be responsible to replace the barn roof and to paint the entire structure once before this responsibility falls to the tenant. 6) Providing the normal labor to maintain mechanical systems in the house and adjacent barn to a safe and efficient level. These systems include, as applicable, heating equipment, the plumbing system, and the security lights. The City of Renton will provide supplies in reasonable amounts, as needed, within two weeks of request. 7) In the event of the major failure of any of the house's systems, such as the furnace or the septic drain field, the City of Renton will be fully responsible for repairs or replacement, but also reserves the right to terminate the rental agreement if such repairs exceed $3000. 8) Calling the appropriate police or sheriffs department when suspicious or obviously criminal activities are taking place on the property, and to provide reports of these incidents to the City of Renton Facility Manager within 48 hours of their occurrence. CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. Staff Contact.. Economic Development, Neighborhoods and Strategic Planning Dept/Strategic Planning Division Don Erickson Subject: Querin Annexation 10% Notice of Intent Petition Public Meeting Exhibits: Issue Paper, 10% Petition Recommended Action: Council concur For Agenda of. November 8, 2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution ............ Old Business........ New Business....... Study Sessions...... Information......... X X Approvals: Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget N/A City Share Total Project.. SUMMARY OF ACTION: The City is in receipt of a 10% Notice of Intent Petition for the proposed 10.14-acre Querin Annexation. The site abuts the City on its southern and western boundaries and its northern boundary is contiguous with the southern boundary of the proposed Hendrickson Annexation to its north. Whereas most of the site would have R-8 zoning upon annexation the eastern third of it would receive R-4 zoning upon annexation. City staff have reviewed the 10% Notice of Intent Petition and generally support this preliminary request. State law requires that the Council set a date, not later than 60-days after filing, to meet with the applicants to determine whether the City wishes to accept, reject, or geographically modify the proposed annexation as well as whether it wishes to require the simultaneous adoption of zoning and require the assumption of all or a portion of the City's existing indebtedness. STAFF RECOMMENDATION: Council set November 22, 2004 for a Public Meeting with the applicants, pursuant to RCW 35.14.120, to consider their 10% Notice of Intention Petition. Rentonnet/agnbill/ bh CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: August 2, 2004 TO: Don Persson, President City Council Members VIA: Mayor Kathy Keolker-Wheeler FROM: Alex Pietsch, Administrator k Alle Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (X-6581) SUBJECT: Proposed Querin Annexation 10% Notice of Intent Petition ISSUE: The City is in receipt of a 10% Notice of Intent to Commence Annexation Proceedings petition for approximately 10.14-acres to the City of Renton using the 60% Direct Petition method. (Figure 1, Vicinity Map) State law requires that the Council hold a Public Meeting with annexation proponents within 60 days to decide whether to accept, reject or geographically modify the proposal, whether to require the assumption of existing City indebtedness and whether to require the simultaneous adoption of zoning. RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 10% Notice of Intent petition for the Querin Annexation. If Council concurs with this recommendation, the Administration recommends that Council take the following actions (pursuant to RCW 35A.14.120): • Authorize the circulation of the 60% Direct Petition to Annex for the proposed area; • Require the adoption of City zoning on the property consistent with the Comprehensive Plan Residential Single Family (RS) and Residential Low Density (RLD) land use designations; and, • Require that property owners within the annexation site assume their proportional share of the City's outstanding indebtedness. Querin Annexation Issue Paper July 16, 2003 Page 2 BACKGROUND SUMMARY: Location: The subject annexation site is located between the eastern edge of the Hoquiam Avenue NE right-of-way on the west and the Honey Creek Estates on the east. The northern boundary is the southern edge of SE 112th Street and the southern boundary is approximately the northern edge of SE 1141h Place, if extended. Assessed value: The assessed value at the current level of development is $1,299,000. 2. Natural features: The site generally slopes downward from its southwest corner to Honey Creek, which traverses across the eastern third of the site in a ravine having 33% slopes (Figure 2, Topography). The City's Sensitive Areas maps indicate that a class —2 wetland exists approximately 300 feet north of the annexation site. 3. Existing land uses: Existing development includes medium to large -lot single family and vacant parcels. There currently appear to be five detached single-family dwellings on the site, three fronting on Hoquiam Avenue NE and two accessed off of SE 1121h Street in Honey Creek Estates. The northern three parcels fronting on Hoquiam Avenue NE are currently vacant (Figure 3, Existing Structures). 4. Existing zoning: King County zoning is R-4. R-4 allows a base density of four units per gross acre, and up to six units per acre with bonus incentives and/or transfer of density credits. 5. Comprehensive Plan: Renton's Comprehensive Plan designates the subject parcel Residential Single Family (RS) west of 144th Avenue SE, if extended, and Residential Low Density (RLD) in that portion of the site east of 144th Avenue Se, if extended. Potential new zoning under the RLD designation includes Resource Conservation (RC), R-1 and R-5. The existing R-5 zone is intended to go away when the proposed new R-4 zone is adopted. Staff is recommending R-8 zoning on the RS portion and R-4 zoning on the RLD portion. 6. Public services: All responding departments and divisions noted that the annexation represents a logical extension of their respective services and systems. Water Utility. The subject area is within the water service area of Water District #90 by agreement under the East King County Coordinated Water System Plan. A certificate of water availability from the District will be required prior to the issuance of development permits within the subject area, following annexation to the City. Hydrant flow test and hydraulic analysis of the District's system will also be required for new development in the annexed area. The District must provide adequate water supply and pressure for new development within the City and must meet Renton's standards for fire protection and domestic water service. Water District 90 currently provides water service within the city limits. However, the District does not have a utility franchise to construct, maintain and operate its utility system within Renton's rights -of -way. The City is currently working on an agreement with the District. Querin Annexation Issue Paper July 16, 2003 Page 3 Sewers. The subject area is within Renton's existing sewer service area but not currently served by sewer. Sewers would be extended by a combination of developer extension, local improvement districts and City capital improvement projects. Surface Water Utility. Staff notes that the annexation site is located in the Honey Creek Sub -basin of the May Creek Basin where drainage problems exist downstream. These problems include flooding and erosion along the banks of Honey Creek, which drains into May Creek and ultimately into Lake Washington. Staff notes that Honey Creek with its associated wetlands and forested buffers needs to be protected in accordance with the sensitive area regulations regarding wetlands and stream buffer standards. King County Wetland is located approximately 300 feet downstream to the north. As a result the Utility is recommending that the 1998 King County Surface Water Design Manual level 2-flow control and basic water quality treatment standards be used for any subsequent development on the annexation site. Staff is also recommending that a wetland report be required for any development application within the proposed annexation site. Parks. The City has a shortfall of both neighborhood and community parkland in this area. King County owns about 45 acres of parkland, primarily undeveloped, to the east of the proposed annexation. In the past, the County has expressed an interest in conveying these properties to the City, when they are annexed. Development of the parkland would occur at the City's expense. Park's staff recommends re -initiating negotiations for the transfer of these park properties to the City to offset the growing local shortfall. Increased staffing levels, supplies and materials to maintain and operate these facilities would also be required. The projected cost of developing and maintaining parkland to a level consistent with the service levels in the City's Comprehensive Park, Recreation and Open Space Plan are included in the attached preliminary fiscal impact analysis. Fire. The area west of 144th Avenue SE, if extended, is currently served by the City under contract with Fire District #25. The area east of 144th Avenue SE, if extended, is located within Fire District #10. Renton would take over this service upon annexation. Public Works Maintenance. Maintenance staff noted that the only organized drainage is roadside ditches. The Division also noted that until the site is developed existing grass lined ditches along 144th Avenue NE would have to be maintained and operated by the Surface Water Utility. ANALYSIS OF THE PROPOSED ANNEXATION: (Pursuant to City Council Resolution 2429) Consistency with the Comprehensive Plan: The annexation policies generally support the proposed annexation. The subject properties are within Renton's Potential Annexation Area and are subject to development pressure. (Policies LU-378 and LU-380) The area is available for urbanization under the King County Comprehensive Plan, zoning and subdivision regulations (Policy LU-380). Renton is the logical provider of urban infrastructure and Querin Annexation Issue Paper July 16, 2003 Page 4 services to the area. (Policy LU-383). Policy LU-388 states that, in general, the greater the contiguity with the city limits, the more favorable the annexation. The area proposed for annexation is adjacent to the City limits along approximately 55% of its boundaries. Proposed boundaries also are generally identifiable in the field (Policy LU- 388). 2. Consistency with the Boundary Review Board Objectives: (from RCW 36.93.180) a. Preservation of natural neighborhoods and communities. - The proposed annexation would cause no disruption to the larger community. b. Use of physical boundaries, including but not limited to bodies of water, highways, and land contours; The proposed boundaries for this annexation include existing City of Renton boundaries to the south and west, an existing subdivision to the east, and another proposed annexation (Hendrickson) to the north. c. Creation and preservation of logical service areas; Not applicable. d. Prevention of abnormally irregular boundaries; In light of the proposed annexation to the north, the proposed boundaries are reasonable. e. Discouragement of multiple incorporations of small cities and encouragement of incorporations of cities in excess of ten thousand population in heavily populated urban areas; Not applicable. f. Dissolution of inactive special purpose districts; Not applicable. g. Adjustment of impractical boundaries; Neither the existing nor the proposed City boundaries are impractical. h. Incorporation as cities or towns or annexation to cities or towns of unincorporated areas which are urban in character; and, King County has designated this area for urban development. i. Protection of agricultural and rural lands which are designated for long term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. Not applicable. No portions of the proposed Annexation area are rural or designated for long-term productive agricultural use in the King County Comprehensive Plan. Querin Annexation Issue Paper July 16, 2003 Page 5 CONCLUSION: The proposal is essentially consistent with City policies and Boundary Review Board objectives for annexation. No impediments to the provision of City services to the area have been identified. The preliminary fiscal analysis for this annexation indicates a surplus of $10,479 per year at full development and a one-time parks development fee of $32,185. Attachments QUERIN ANNEXATION FISCAL ANALYSIS SHEET (�veiiis ................... .................... Gists:::::::::: Units Population AV Existing dev. 5 13 $1,299,000 Full dev. 57 143 $21,050,000 Assumptions: 2.5 persons / household $350,000 AV/R-8 units; $450,000 AV/R4 units $220,000 AV /existing unit Existing Full Rate Re ular levy $4,105 $66,518 3.16 Excesslevy $104 $1,684 0.08 State shared revenues Rate(per cap) Existing Full Liquor tax $3.52 $45.76 $503.36 Liquor Board profits $5.04 $65.52 $720.72 Fuel tax - roads $14.46 $187.98 $2,067.78 Fuel tax - arterials $6.47 $84.11 $925.21 MVET $0.00 $0.00 $0.00 Camper excise $0.00 $0.00 $0.00 Criminal justice $0.36 $4.68 $51.48 Total $388.05 $4,268.55 Miscellaneous revenues Rate Existing Full Real estate excise* $40.86 $531.18 $5,842.98 Utility tax** $133.20 $666.00 $7,592.40 Fines & forfeits* $18.33 $238.29 $2,621.19 Total $1,435.47 $16,056.57 * Per capita ** Per housing unit - based on $2,220 annual utility billing @ 6% tax rate Per capita Existing Full Contracted Services Alcohol $0.23 $2.95 $32.46 Public Defender $3.13 $40.74 $448.16 Jail $7.19 $93.50 $1,028.46 Subtotal $137.19 $1,509.08 Court/legal/admin. $57.08 $742.04 $8,162.44 Parks maintenance* $14.90 $193.70 $2,130.70 Police $270.00 $3,510.00 $38,610.00 Road maintenance** N/A $0.00 $1,323 Fire*** $1.25 $1,623.75 $26,312.50 Total $6,206.68 $78,047.72 * See Sheet Parks FIA ** See Sheet Roads FIA *** Rate per $1,000 of assessed valuation (FD#25 contract) C3ietm csfs; Parks acquisition & development (from Sheet Parks FIA): Other one-time costs: Total revenues .................... Existing CQ38 Full $$8�27[12 Total ongoing costs ExistingF2f18 Full $80772 Net fiscal impact Existing �7d1 FuII $.10 479 40 $32,185.00 Total one-time costs:$32'I8Q Revised 8-29-03 per Finance Memo cc M I J L, 1 l I l I I g]]�u w z 1 i E M1114t Q N I/�I O DTH St I �11E7h t 11 > Q 0 0 ZiT i > 0 \ a � N This dowment is a g1rophic rep�resentation, not guaranteed 6th S to accuracy, tended city p�urposes x a d bosedr o the best information awilable as of the dote shown. This mop is for display purposes only. Querin Annexation 0 800 1600 :igure 1: Vicinity Map ONNNNM 1 : 9600 Gti�Y o{ Economic Development, Neighborhoods & Strategic Planning Renton City Limits Alex Pietsch, Administrator ♦ i G. Del Rosario � Proposed Annexation Area 26 October 2004 � G 1-7 3:3:55� -.38.2, «:5_ X :4G. G X X i i r , 4;.32 X X X ;<2.2i \�- 54 X 142.22 X 142.51 r0 ,42.63 r7 r'32� aX X 144.61 1 145 a 144.46 X X 144.36 144,76 1, 1 X 144.61 145,38 X x \ \ X \\ �,..3.Xz X135.I6 5.e7 I \\\\ zzs_ 1 3 x ', X 1421E9 \\\ 1<4.70 \ X 140.I8 \. �- �I \ 1\j x 140.59. 140 a7�\ \\ \\ \ �� IJ 140 85{ 1 x X 142 56 I( X X �1 14262 1a1.61lX 43.41 \ X 143. 9 Xt426e X,4231 142.38 x X 143s6 X143.15 X,4z.ee X 143.54 X143.41 143.15 X ;<2.15 \ \\ \\\\\ \\ \ X 143 \\\ \\\ X X 14 143.41 .27 142.60 41.52 I x ` 143.78 143.15 6 \ 143.E6 143.60 x D \ , ` \ I �12 e6\\\ \\\ \\ 42.24 44.96 X )C44.i J t! \ X143.37 141.59 141. 2 v I X 11� i 43.66 140 29 1 1u.18F 143.e0 x ( This do-t is a graphic representation, not guaranteed X 1 to survey accuracy, ntendetl or city purposes h.onlyand bored on the best 'formation awtlable as of the dote shown. This map is for display purposes only. Querin Annexation -igure 2: Topography Map UtiTY of Economic Development, Neighborhoods & Strategic Planning Alex Pietsch, Administrator G. Del Rosario 26 October 2004 0 200 400 1 : 2400 ----- 1 m Interval Countour - - Renton City Limits 0 Proposed Annexation Area � a O z � o This dowment is a graphic re resentation, not guaranteed to rVey ocy, tended t°K city �u asoses only and based on the beri information awiloble of the dote shown. This mop is for display purposes only. Querin Annexation :figure 3: Existing Structure Map GtiTY o� Economic Development, Neighborhoods & Strategic Planning ♦ Alex Pietsch, Administrator G. Del Rosario 26 October 2004 0 200 400 1 : 2400 Existing Structure — — Renton City Limits 0 Proposed Annexation Area O f O I O—O Oi, d. Querin Annexation 7igure 4: Sensitive Areas Map Uti�Y o{ Economic Development, Neighborhoods & Strategic Planning ♦ Alex Pietsch, Administrator G. Del Rosario �L NTO$ 26 October 2004 0 This document is a 9rophic re�resentotion, not guaranteed to s rvey accuracy, tended for cty ppu asoses oniy and boxed on the best information owloble of the date shown. This map is for display purposes only. 0 200 400 _ High Erosion 1 : 2400 Hazard Boundary Wetland Boundary ®— Renton City Limits ® > 40% Slope t Proposed Annexation Area S P�,yY�'' • 7 � t gg � j aci a3c'C', i4y,n. i r ram; _ a . t pp . r,i. } i + "Mier.•" vs " VMVI re ff x # I �g t f§ + � s z p�RWe��r.w.:.. fi�-------------- � x t e- N This document is a graphic epresentotion, not �guoronteed to surve� ottvroty, tendedr for city ppu asoses ly and based o the best information ._Noble of the dote shown. This map is for display purposes only. Querin Annexation 0 200 400 -igure 5: Aerial Map 1 : 2400 Uti�Y o{ Economic Development, Neighborhoods & Strategic Planning — — Renton City Limits Alex Pietsch, Administrator G. Del Rosario Proposed Annexation Boundary �L NTO� 26 October 2004 NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEEDINGS UNDER RCW 35A.14.120 (Direct Petition Method) - Ooerir TO: THE CITY COUNCIL OF THE CITY OF RENTON City Hall, c/o City Clerk 1055 South Grady Way Renton, WA 98055 . lq-off 006 CITY of REN ON � N 9 9 ?o RECEIVED CI T Y C! FiR,K'S 0FF1C'E- SUBMITTED BY: (YWPAVE $Ae ADDRESS: Ift tJe 4A* C-kce+ JFZCo V-PM. TWA 9M PHONE: 62S — Z7 ( ` ZZZ!� The undersigned are the owners of properties representing not less than ten percent (10%) of the assessed value of all property within the proposed annexation area which they desire to annex to the City of Renton. We hereby advise the City Council of the City of Renton that it is our desire to commence annexation proceedings under the provisions of RCW 35A.14.120, of all or any part of the area described below. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A legal description (Exhibit A) and map (Exhibit B) are included as part of this petition. The City Council is requested to set a date not later than sixty days after the filing of this request for a public meeting with the undersigned. 1. At such meeting, the City Council will decide whether the City will accept, reject or geographically modify the proposed annexation; 2. The City Council will decide whether to require simultaneous adoption of a proposed zoning regulation, such a proposal having been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340; and, 3. The City Council will decide whether to require the assumption of existing city indebtedness by the area to be annexed. This page is the first of a group of pages containing identical text material. It is intended by the signers that such multiple pages of the Notice of Intention be presented and considered as one Notice of Intention. It may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention. Page 1 of 2 WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the name that appears on record in the title to the real estate.) LEGAL DESCRIPTION - That portion of the NE 1/4 of the NW 1/4 of the NE 1/4 of Section 10, Township 23 North, Range 5 East, W.M. less the southerly 165 feet thereof; Together with the westerly 300 feet of the NW 1/4 of the NE 1/4 of the NE 1/4 of Section 10, Township 23 North, Range 5 East, W.M. less the southerly 329.29 feet thereof, all situated in King County, Washington. 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J59T 4 OL T023t 98 ' f4000019 I I: 3d4900022w 34 900w234rW02,E 1 T0 i - L i 1Id i'l 1 i i T0730592f� 7023059203 T0` 9TwT i �� � Tb2305933b 20W Kny Csuniy .f ` 10230392411 0 mar .-u - ..,> ..:R,fi , 0A$3mi information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. rt1flir"'map County makesno representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such rmation. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on is prohibited except by written permission of King County. King County I GIS Center ( News I Services I Comments I Search tsy visiting tins and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&ClientVe... 9/21 /2004 CITY OF RENTON COUNCIL AGENDA BILL AI #: Submitting Data: For Agenda of: Dept/Div/Board.. Economic Development, November 8, 2004 Neighborhoods and Strategic Planning Agenda Status Staff Contact...... Don Erickson (x6581) Consent .............. X Public Hearing.. X Subject: Correspondence.. Maplewood East Annexation — 60% Direct Petition Ordinance ............. Resolution ............ Old Business........ New Business....... Exhibits: Issue Paper, Study Sessions...... 60% Petition Information......... KC Certification of Sufficiency Recommended Action: Approvals: Council concur. Legal Dept......... X Finance Dept...... g Other ............... Fiscal Impact: Expenditure Required... Transfer/Amendment. Amount Budgeted.......... Revenue Generated......... Total Project Budget N/A City Share Total SUMMARY OF ACTION: The Council accepted a 10% Notice of Intent petition to initiate annexation of approximately 26.14- acres located between 152nd Avenue SE on the west, 156th Avenue Se on the east, Willowbrook Lane Subdivision on the north, and SE 136th Street on the south on May 3, 2004. The proponents have submitted a 60% Petition to Annex that has been certified as sufficient by the King County Department of Assessments on September 13, 2004. Under State law, two public hearings are required to be held on the zoning that would be applied if the proposed annexation is accepted. Council is being asked to accept the 60% Direct Petition to Annex and hold the first public hearing on future R-4 zoning. The Administration is also seeking authorization td forward the Notice of Intent package to the Boundary Review Board for King County for its 45-day review. STAFF RECOMMENDATION: Council set November 22, 2004 for a public hearing to accept the Maplewood East Annexation 60% Direct Petition to Annex, to hold the first of two required public hearings on future zoning, to authorize the Administration to send the Notice of Intent package to the Boundary Review Board for King County, to prepare a zoning ordinance consistent with Comprehensive Plan land use designation for this area, and to prepare an annexation ordinance for enactment of the annexation if Council decides to proceed with it. H:\EDNSP\PAA\Annexations\Maplewood East\Agenda Bill 60%.doc/ CITY OF RENTON ECONOMIC DEVELOPMENT, NEIGHBORHOODS AND STRATEGIC PLANNING MEMORANDUM DATE: November 2, 2004 TO: Don Persson, Council President Members of the Renton City Council VIA: E,, Mayor Kathy Keolker-Wheeler FROM:Alex Pietsch, Administrator Economic Development, Neighborhoods and Strategic Planning Department STAFF CONTACT: Don Erickson (x-6581) SUBJECT: Maplewood East Annexation — 60% Direct Petition ISSUE: Should the Council accept the 60% Direct Petition to annex now that the King County Department of Assessments has certified that 60% or more of the annexation area's assessed value is represented by its signers? If the Council accepts the 60% Direct Petition, what zoning classification should be applied at the time of annexation since the RLD designation allows three different zones? If the Council accepts the 60% Direct Petition, does it authorize the Administration to forward the Notice of Intent package to the Boundary Review Board to begin its 45-day review period, pursuant to RCW 36.93.090? RECOMMENDATION: On the basis of the following analysis, the Administration recommends that Council accept the 60% Direct Petition to Annex for the Maplewood East Annexation. If Council concurs with this recommendation, the Administration further recommends that Council take the following action: • Accept the 60% Direct Petition to Annex for the Maplewood East Annexation; • Authorize it to prepare a zoning ordinance consistent with the current Comprehensive Plan land use designation of Residential Low Density (RLD) for the 26.14-acre non - street portion of the annexation site; and, Maplewood East Annexation — Acceptance of 60% Direct Petition, etc. November 2, 2004 Page 2 • Authorize it to prepare an annexation ordinance so that if Council decides to proceed it can be effectuated by ordinance. • Authorize it to forward the Notice of Intent package for the Maplewood East Annexation to the Boundary Review Board, beginning its 45-day review period. BACKGROUND SUMMARY: The City received the 10% Notice of Intent to Commence Annexation petition on March 8, 2004 and after having the signatures certified by the King County Department of Assessments the Council held a public meeting with the applicants on April 22, 2004. Council at that time required that the annexation area be zoned consistent with the Comprehensive Plan and that property owners within it assume their proportionate share of the City's outstanding indebtedness. Under the Residential Low Density land use designation three zones are allowed: Resource Conservation (RC) with one dwelling per 10 acres; R-1 with one unit maximum per each net acre; and, R-4 with four units maximum per net acre. Given that the current King County zoning allows up to six units per gross acre with bonuses or development rights transfers, the City is recommending R-4 zoning for this site. Because this annexation is at the 60% Direct Petition level it must be rezoned consistent with the Comprehensive Plan, which in this case is the R-4 zone. However, because it has already achieved 60% sufficiency as a direct petition it and two other similar annexations with. certified 60% Direct Petitions will be allowed to use the lot size and density provisions of the R-5 zone. This latter zone is being replaced by the City's new R-4 zone. On August 17, 2004 the City received a 60% Direct Petition to Annex for this 26.14-acre site and forwarded it to the County for verification of the validity of the signatures and the assessed value they represent. On September 13, 2004, the King County Department of Assessments notified the City that the signatures listed were sufficient under the provisions of RCW 35.13.002 to equal or exceed 60% of the area's assessed value. Pursuant to RCW 35A.14.340, the City is required to hold two public hearings before rezoning the subject annexation site. The first of these would be at the time the Council accepts the 60% Direct Petition to Annex. The second would be after the Boundary Review Board for King County completes its review and approves the proposed annexation. In the 10% issue paper for this annexation staff noted that City reviewers had raised no major obstacles to annexation. Parks noted that there was a shortage of neighborhood and community parks in the area and that future parks development for this annexation would require an eventual public expenditure of $27,773 in excess of what the City would receive in terms of parks mitigation fees. And, Surface Water noted that the 1998 King County Surface Water Design Manual Level-2 flow control requirements should be required of new development, unless the City adopts stricter standards in the future, in which case they would apply. The fiscal analysis conducted by staff for this project indicated that at full development there would be a surplus of $6,515 per year, in 2004 dollars. CONCLUSION: Maplewood East Annexation — Acceptance of 60% Direct Petition, etc. November 2, 2004 Page 3 The proposed Maplewood East Annexation has been certified by the County as having sufficient signatures to represent 60% or more of the area's assessed valuation. It also has reasonable boundaries and appears to comply with relevant Boundary Review Board objectives. Reviewing staff raised no significant obstacles to this annexation. The proposed Maplewood East Annexation appears to further the City's business goals and be in the general welfare and interest of the City. Johnson Annexation — 60% Direct Petition Name of cont one n PETITION TO ANNEX TO THE CITY OF RENTON UNDER RCW 35A.14.120 (60 % Petition —Maplewood East Annexation) TO: THE CITY COUNCIL OF THE CITY OF RENTON 1055 South Grady Way Renton, WA 98055 0 r C! _ flaod .be/'ver,-d AJ 50A �rrcL�SoA, eM' P The undersigned are owners of not less than sixty percent (60%) in value according to the assessed valuation for general taxation, of real property located contiguous to the City of Renton. We hereby petition that such property be annexed to the City of Renton under the provisions of RCW 35A.14.120 et seq. The territory proposed to be annexed is within King County, Washington, and is contiguous to the City of Renton. A map (Exhibit 1) and legal description (Exhibit 2) are included as part of this petition. In response to a duly filed and considered "Notice of Intention" to commence annexation proceedings, the City Council of the City of Renton met with the initiating parties under RCW 35A.14.120 on May 3, 2004. The City Council then determined that the City would accept the proposed annexation. Further, pursuant to RCW 35A.14.120, the undersigned petitioners agree to: (1) Submit the 10% Notice of Intent Petition as an intent to annex; (2) Accept the City's Comprehensive Plan designations as they affect the subject property; (3) Accept the City's simultaneous adoption of R-4 zoning regulations for the subject property; and (4) Assume their proportional share of the City's outstanding indebtedness. all as noted in the minutes of the Council meeting and contained in the electronic recording of such meeting. WHEREFORE, the undersigned property owners petition the City Council and ask: (a) That the City Council fix a date for a public hearing about such proposed annexation, cause a notice to be published and posted, specifying the time and place of such hearing, and inviting all persons who are interested to appear at the hearing and state their approval or disapproval of such annexation or to ask questions; and (b) That following such hearing, and consistent with any approval by the Boundary Review Board, the City Council by ordinance annex the above described territory to become part of the City of Renton, Page 1 of 2 This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Date Signature and tinted Naive Mailing Address Tax LotLega1 No. Description (r ot, Bloc, Plat, Assessor's No: or. other) 1/0 dG 3. `5// a�,��� Quj1NSTEAD CON.M CO. j215 H2O-to AVi' ni.t.'zo1 &CLLcvuE1 wa �f$r9o5 �42305- °1047 4. 5. 6. 7. 8. 9. 10. Page 2 of 2 This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Tax Lot Legal No.. Signature and Mailing .Description Date Printed Name Address (Lot; Bloc, Plat, Assessor's NO. or. Other) 5--4 eye 5� 13� t- 2. 13'C d A i` V i <'�E. ti �N Dob a, 6.e.: 1� F- YL /.36&- 4. �`/eed 4 Aerz7o11,WN 5. 6. 7. 8. 9. 10. Page 2 of 2 This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Date Signature and Printed Na Ma ling Address Address Tax ,ot..Legai No. Description (Lot; Bloc, Plat, Assessor's No: or other) iy Amp S"F 47ft Jan (6 M. lUe,.� aex i iA%�i ��f05� /qZ�� 3. 4. 5. 6. 7. 8. 9. 10. Page 2 of 2 This two page form is one of a number of identical forms which comprise one petition seeking the annexation of the described territory to the City of Renton, Washington as above stated, and may be filed with other pages containing additional signatures. WARNING: Every person who signs this petition with any other than his or her true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he or she is not a legal voter, or signs a petition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. The undersigned have read the above petition and consent to the filing of this petition. (Names of petitioners should be in identical form as the same that appear on record in the chain of title to the real estate.) Date Signature and Printed.Name Mailing. Address Tax Lot Legal No. Description (Lot, Bloc, Plat, Assessor's No: or. other) 1. MAY 25 2 005 MICHA>✓c. SAUT6 7(03 a 50 0fh 115+ Si`RC cj c>BAT1Le vJAlbll 2. 3. 4. 5. 6: 7. 8. 9. 10. Page 2 of 2 i I �I� I I 16o il ,i�Dio '-' E31 Qj Q F ; a : a - x st +a ;k Y �yy NOR Proposed Maplewood East Annexation ,,ire 3: Existing Structures Map Site Boundary Economic Development, Neighborhoods &Strategic Planning City Limits^— Urban Growth Boundary G_ Del ♦ ♦ Rh, Ad�ninisvalor y { Existing Structure G. Rosario Lj AT r0$ 10 March 2004 Exhibit 1 TE F - _o I ki III Exhibit 2 MAPLEWOOD EAST ANNEXATION LEGAL DESCRIPTION That portion of the Southeast quarter of the Northwest quarter of Section 14, Township 23 North, Range 5 East, W.M., lying southerly of the south line of the plat of Willowbrook Lane, according to the plat thereof recorded in Volume 170, Pages 1 through 4, inclusive, records of King County, Washington, and southerly of said south line extended easterly and westerly to the east and west lines, respectively, of said subdivision; TOGETHER WITH the west 30 feet of the Southwest quarter of the Northeast quarter of said Section 14, lying southerly of the south line of said plat of Willowbrook Lane extended easterly to the east line of said west 30 feet; and TOGETHER WITH the east 30 feet of the Southwest quarter of the Northwest quarter of said Section 14, lying southerly of the south line of said plat of Willowbrook Lane extended westerly to the west line of said east 30 feet; and TOGETHER WITH the north 30 feet of the Northeast quarter of the Southwest quarter of said Section 14; and TOGETHER WITH the north 30 feet of the west 30 feet of the Northwest quarter of the Southeast quarter of said Section 14. All situate in King County, Washington. Department of Assessments King County Administration Bldg. 500 Fourth Avenue, Room 708 Seattle, WA 98104-2384 (206) 296-5195 FAX (206) 296-0595 Email: assessor.info@ajnetroke.gov www.metroke.gov/assessor/ Scott Noble Assessor ANNEXATION PETITION CERTIFICATION THIS IS TO CERTIFY that the petition submitted September 9, 2004 to the King County Department of Assessments by Don Erickson, Senior Planner for the City of Renton, supporting the annexation to Renton of the properties described as the Maplewood East Annexation, has been examined, the property taxpayers, tax parcel numbers, and assessed value of properties listed thereon carefully compared with the King County tax roll records, and as a result of such examination, found to be sufficient under the provisions of the New Section of Revised Code of Washington, Section 35.13.002. The Department of Assessments has not verified that the signature on the petition is valid through comparison with any record of actual signatures, nor that the signature was obtained or submitted in an appropriate time frame, and this document does not certify such to be the case. Dated this 13th day of September, 2004 Scott Noble, King Cofity Assessor CD SE 120 h S w > 124th PI w a' cn 0 I > h PI I PTIEaE E th h St S 1 8th St 27 d St SE 1 t t. SE13nd t d z w > cn SE 134th t. � Q o J on St "'. Ln E 13 th t. SE 1 th . 1 tf P . S 1 9t 19t I. `0 Q > C- > `n c� Q0 2r St. Proposed Maplewood East Annexation 0 800 1600 I!gure 1: Vicinity Map Site Boundary — — — City Limits 1 : 9600 Uti�Y o{ Economic Development, Neighborhoods & Strategic Planning _ . _ _ — Urban Growth Boundary ♦ ♦ Alex Pietsch, Administrator G. Del Rosario �L'NTOZ 10 March 2004 t� r .t AV 61i�. . , qi a ' s;� ::o-�i'• al z x �a r -�. eta . r + r� :.>u,#} a #�� � +�rt.•a t Of,; fp" i '+S 1F` E t •� i 94, T, F 4 �k � 1 ^� , � 7'A,`s•';4 ��� .;tr .."� } � � IF �' R � k"�` � .3,..:e»-.,. � j ��� - � � �rn • "" r #lax �. t, $4 'w� �. ? - � kF v` 4 �'��3 {`'- , i f � ��� & � �,�' ? '� `� '4 �•4 i ,,�"r„ 't -�,.'a � �� '°" . `�>"' t �'' a �° �' ; •., .;''±� �''+ "S�tV � � _'=' i ,�'a�y s c,�� s 'v" �' *°,� 3`. t'� r T ,,.mx. ��.�{ a � a � •� i �+�` - a - - �-f g¢g J r z t'�b., x-n�,.�.3.r •,?• -'- v - rq Proposed Maplewood East Annexation 0 200 400 igure 2: Aerial Map Site Boundary — — — City limits 1 : 2400 Economic Development, Neighborhoods & Strategic Planning _ . — . — Urban Growth Boundary Alcx Pictsch, Administrator ■` G. Del Rosario L1zTOZ 10 March 2004 Q '-'I E31 OI ql I i JE_ Proposed Maplewood East Annexation 0 200 400 ,-'figure 3: Existing Structures Map Site Boundary — — — City Limits 1 : 2400 SAY o Economic Development, Neighborhoods & Strategic Planning — — —Urban Growth Boundary i Alex RAdministrator G. Dell Rosario `1Y Existing Structure �L'NTO� 10 March 2004 v 44 `` XX S} 5'� \.. X x 1 X '\ • x x• X 5. X \\ X c� /// \ .� ts� 71 14E.57 \ `." I i .47 j 93 e X 117.70 L123.30 X 132.31 124.51 X / X 120.E0 122.25X X Proposed Maplewood East Annexation 0 200 400 -igure 4: Topography Map Site Boundary — — -- City Limits 1 : 2400 Uti:Y 0� Economic Development, Neighborhoods & Strategic Planning _ . — . — Urban Growth Boundary Alex Pietsch, Administrator G. Del Rosario 1 m Interval Contour 10 March 2004 Submitting Data: Dept/Div/Board. . Staff Contact...... Subject: CITY OF RENTON COUNCIL AGENDA BILL Al N: Hearing Examiner Fred J. Kaufman, ext. 6515 Kennydale Elementary School Rezone File No. LUA-04-101, R Exhibits: Hearing Examiner's Report and Recommendation Recommended Action: Council Concur For Agenda of: 11/8/2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution........... . Old Business........ New Business....... Study Sessions...... Information........ . Approvals: Legal Dept......... X Finance Dept...... X Other ............... Fiscal Impact: Expenditure Required... N/A Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: The Hearing Examiner's Report and Recommendation on the Kennydale Elementary Rezone was published on October 7, 2004. The appeal period ended on October 21, 2004. The Examiner recommends approval of the rezone. STAFF RECOMMENDATION: Staff recommends approval of Kennydale Elementary School Rezone. M Rentonnet/agnbill/ bh October 7, 2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: Rick Stracke Renton School District 1220 North 4°i Street Renton, WA 98055 LUA-04-101, R LOCATION: 1700 NE 28"' Street SUMMARY OF REQUEST: Rezone of the Kennydale Elementary School property from Residential — R-8 to Residential — R-8 with a P-suffix designation attached. SUMMARY OF ACTION: Development Services Recommendation: Approve DEVELOPMENT SERVICES REPORT: The Development Services Report was received by the Examiner on September 21, 2004. PUBLIC HEARING: In accordance with Section 4-8-14(C)(2), the Hearing Examiner shall determine if a change of zone classification is advisable, in the public interest, tends to further the preservation and enjoyment of any substantial property rights of the petitioner, is not materially detrimental to the public welfare of the properties of other persons located in the vicinity thereof, and is in harmony with the purposes and effect of the Comprehensive Plan. In such event, the Hearing Examiner may recommend that the City Council approve the change of the zone classification. MINUTES The following minutes are a summary of the September 28, 2004 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, September 28, 2004, at 9:00 a.m. in the Council Chambers on the seventh floor of the Renton City Hall. Parties wishing to testify were affirmed by the Examiner. The following exhibits were entered into the record: Exhibit No. 1: Yellow file containing the original application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 2: Neighborhood Detail Map Exhibit No. 3: Site Plan Exhibit No. 4: City of Renton Zoning Map Kennydale Elementary School Rezone File No.: LUA-04-101, R October 7, 2004 Page 2 The hearing opened with a presentation of the staff report by Jason Jordan, Senior Planner, Development Services, City of Renton; 1055 S Grady Way, Renton, Washington 98055. The subject site is located at 1700 NE 28°i Street. The zoning is Residential-8 du/acre. The Comprehensive Plan is residential single-family. North of the subject site is N 30"' Street, directly north of that is property zoned Convenience Commercial. East of the site is Kennewick Place NE and property zoned Residential-8. South of the site is NE 28"' Street and property zoned as Residential-8, and west of the subject site is 1-405 and west of that the property is zoned Convenience Commercial and Residential-8 du/acre. The subject site is 6.68 acres in size, the Renton School District is requesting to rezone the site from Residential- 8 du/acre to Residential-8 du/acre with a P-Suffix. There is a footnote in the R-8 development standards, Title 4, Chapter 2.1 10A that allows for the building height adjustment in the R-8 development. Mr. Jordan read footnote nine into the record. The proposed rezone is being requested to facilitate future redevelopment of a new school facility. This is a non -project action, however, the rezone will allow for the redevelopment of the site as a new elementary school subject to a conditional use permit. The school district has not proposed any new construction. The Renton School District acting as their own lead agent issued a Determination of Non -Significance on August 30, 2004, no mitigation measures were proposed by the School District and no comments were received. The proposed rezone meets all rezone approval criteria. Staff recommends approval of the Kennydale Elementary School Rezone. Owen Dennison, AHBL, Inc., 316 Occidental Avenue South, Suite 320, Seattle, WA 98104 stated that in regard to the criteria for rezones not requiring a comprehensive plan amendment under Section 4-9-180F(2) of the Renton Municipal Code, the rezone is in the public interest, the existing structures are approximately 30 feet and are built with flat roofs. The potential design of the new school may include pitched roofs, consistent with the City's design guidelines. The additional height needed to accommodate the internal clearances for the interior spaces of the school will need the additional height if pitched roofs are used. Under the second criteria, rezone tends to further the preservation and enjoyment of any substantial rights of the petitioner, this is neutral, the School District would contend that because public elementary schools are currently allowed as a conditional use, this allows greater latitude for the school district. The "P" suffix has been applied to other public school sites within the City of Renton, Highland Elementary and McKnight Middle School. The City's plan is to continue with rezoning of, in particular, school district sites to the "P" suffix designation, strategic planning urged the District to do all the school at one time, rather than just Kennydale. The Examiner called for further testimony regarding this project. There was no one else wishing to speak, and no further comments from staff. The hearing closed at 9:27 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Kennydale Elementary School Rezone File No.: LUA-04-101, R October 7, 2004 Page 3 FINDINGS: The applicant, Rick Stracke, for the Renton School District, filed a request for approval of a reclassification of the 6.6-acre Kennydale Elementary School site from R-8 to R-8 with a P-suffix. 2. The yellow file containing the staff report, the State Environmental Policy Act (SEPA) documentation and other pertinent materials was entered into the record as Exhibit 41. The Renton School District, acting as responsible official, issued a Declaration of Non -Significance. 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 1700 NE 28th Street. The subject site is the campus for the Kennydale Elementary School. The site is located east of I-405, south of NE 30th Street, east of Kennewick Place NE and north of NE 28th Street. 6. The subject site is a triangular shaped parcel. The subject site was annexed to the City with the adoption of Ordinance 1827 enacted in May 1960. The map element of the Comprehensive Plan designates the area in which the subject site is located as suitable for the development of single family use but does not mandate such development without consideration of other policies of the Plan. The plan permits public schools in single-family neighborhoods. 9. The subject site is currently zoned R-8 which permits single-family homes and it also permits schools. The R-8 zone permits structures to be 30 feet tall. 10. The applicant is requesting that the subject site be reclassified to R-8 with a P-suffix. The P-suffix serves notice that the property is owned by a public agency, in this case, the Renton School District. The P-suffix also provides that a meeting be held to provide information to surrounding residents and property owners of any change of tenancy, ownership or use. 11. The P-suffix attached to an R-8 property also permits taller structures. The R-8, P-suffix zoning provision, Section 4-2-110D, footnote 9, provides: "Public Suffix" (P) properties are allowed the following height bonus: Publicly owned structures shall be permitted an additional 15' in height above that otherwise permitted in the zone if "pitched roofs," as defined herein, are used for at least 60% or more of the roof surface of both primary and accessory structures. In addition, the height of.a publicly owned structure may be increased as follows, up to a maximum height of 75' to the highest point of the building: a. When abutting a public street, I additional foot of height for each additional 1-1/2' of perimeter building setback beyond the minimum street setback required; and/or b. When abutting a common property line, I additional foot of height for each additional T of perimeter building setback beyond the minimum required along a common property line.(Amd. Ord. 4963, 5-13-2002) Kennydale Elementary School Rezone File No.: LUA-04-101. R October 7, 2004 Page 4 12. The main objective of the school district is to provide more architectural flexibility in designing a new elementary school and possibly designing a structure with pitched roofs rather than the current flat roof design. The school district has not submitted any particular plan and testified that it has not decided what route it may take with the new Kennydale School. 13. The zoning in the area consists primarily of R-8 zoning east and south of the school site with CC (Convenience Commercial) north of the site. 1-405 is located west of the site with additional R-8 zoning and another CC district. The CC districts are located near the NE 30 Street ramps serving I-405. 14. The City led a major effort that had reclassified both public and private properties that had been designated P-1 (Public and Quasi -Public Uses) under an old zoning scheme to zoning that more or less matched surrounding zoning districts. If those properties were public properties the City would attach the "P-suffix" to those properties. In other words, if a school site were formerly zoned P-1 but was surrounded by R-8 property, it would have been classified R-8 with a P-suffix. Those properties would gain the potential height bonus due to the P-suffix addition. The subject site was historically zoned R-8 and therefore, the City did not reclassify it at all. CONCLUSIONS: The proponent of a rezone must demonstrate that the request is in the public interest, that it will not impair the public health, safety and welfare and in addition, complies with at least one of the criteria found in Section 4-8-180(F) which provides: F DECISION CRITERIA FOR CHANGE OF ZONE CLASSIFICATION: 1. Criteria for Rezones Requiring a Comprehensive Plan Amendment: The Reviewing Official shall find that: a. The proposed amendment meets the review criteria in RMC 4-9-020G; and b. The property is potentially classified for the proposed zone being requested pursuant to the polices set forth in the Comprehensive Plan; and c. At least one of the following circumstances applies: i. The subject reclassification was not specifically considered at the time of the last area land use analysis and area zoning; or ii. Since the most recent land use analysis or the area zoning of the subject property, authorized public improvements, permitted private development or other circumstances affecting the subject property have undergone significant and material change. 2. Criteria for Rezones Not Requiring Plan Amendment: The Reviewing Official shall make the following findings: a. The rezone is in the public interest, and b. The rezone tends to further the preservation and enjoyment of any substantial property rights of the petitioner, and c. The rezone is not materially detrimental to the public welfare or the properties of other persons located in the vicinity thereof, and d. The rezone meets the review criteria in subsections Fl b and F l c of this Section. (Amd. Ord. 4794, 9-20-1999) The requested classification appears justified and should be approved by the City Council. Kennydale Elementary School Rezone File No.: LUA-04-101, R October 7, 2004 Page 5 The site was historically zoned R-8 and unlike many other public properties that had been zoned P-1 it did not receive any rezone attention. It simply retained its R-8 designation when other sites were reclassified with a P-suffix that allowed public buildings to be taller than otherwise permitted. While the rezone to R-8 with P-suffix would allow a taller building, it would also allow one with potentially nicer design features including pitched rooflines. The size of the campus and the setbacks would help diminish its apparent height even if the school district took advantage of the height bonus. Clearly, there are tradeoffs in allowing a taller building than now permitted on the subject site. The rezone would not diminish the property rights of the school district. It would be entitled to a public hearing under Conditional Use Permit authority. It would gain the potential right to construct a taller building. 4. A taller building could affect neighboring property owners but as indicated, the setbacks probably would help offset such impacts. The P-suffix would also require information meetings to explain changes to neighbors. 5. The Comprehensive Plan permits schools in this area of the City and the R-8 zoning requested is actually the same as now exists on the site with the addition of the P-suffix which denotes public ownership and again, conveys rights to build taller structures. 6. As noted above, the site was not reviewed when other school district's and other public owned properties were reclassified from P-1 to more suitable designations. This is the first review of the subject site's zoning in many years. There might not be any compelling reason to alter the zoning on the subject site other than to allow architectural flexibility when a new building is proposed for the campus. Therefore, the City Council should approve the application to reclassify the subject site from R-8 to R-8 with a P-suffix. RECOMMENDATION: The City Council should approve the request to reclassify the subject site from R-8 to R-8 with a P- suffix. ORDERED THIS 7"' day of October, 2004. FRED J. KA MAN HEARING E AMINER TRANSMITTED THIS 7'h day of October, 2004 to the parties of record: Jason Jordan Rick Stracke Owen Dennison 1055 S Grady Way Renton School District AHBL, Inc. Renton, WA 98055 1220 North 4'h Street 316 Occidental Ave S., Ste. 320 Renton, WA 98055 Seattle, WA 98104 Kennydale Elementary School Rezone File No.: LUA-04-101, R October 7, 2004 Page 6 TRANSMITTED THIS 7"' day of October Renton, WA 98056, 2004 to the following: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Larry Warren, City Attorney Gregg Zimmerman, PBPW Administrator Alex Pietsch, Economic Development Jennifer Henning, Development Services Stacy Tucker, Development Services Stan Engler; Fire Larry Meckling, Building Official Planning Commission Transportation Division Utilities Division Neil Watts, Development Services Janet Conklin, Development Services King County Journal Pursuant to Title IV, Chapter 8, Section I OOGof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., October 21, 2004. Any aggrieved person feeling that the decision of the Examiner is ambiguous or based on erroneous procedure, errors of law or fact, error in judgment, or the discovery of new evidence which could not be reasonably available at the prior hearing may make a written request for a review by the Examiner within fourteen (14) days from the date of the Examiner's decision. This request shall set forth the specific ambiguities or errors discovered by such appellant, and the Examiner may, after review of the record, take further action as he deems proper. An appeal to the City Council is governed by Title IV, Chapter 8, Section 110, which requires that such appeal be filed with the City Clerk, accompanying a filing fee of $75.00 and meeting other specified requirements. Copies of this ordinance are available for inspection or purchase in the Finance Department, first floor of City Hall. An appeal must be filed in writinIZ on or before 5:00 p.m., October 21, 2004. If the Examiner's Recommendation or Decision contains the requirement for Restrictive Covenants, the executed Covenants will be required prior to approval by City Council or final processinp_ of the file. You may contact this office for information on formatting covenants. The Appearance of Fairness Doctrine provides that no ex parte (private one-on-one) communications may occur concerning pending land use decisions. This means that parties to a land use decision may not communicate in private with any decision -maker concerning the proposal. Decision -makers in the land use process include both the Hearing Examiner and members of the City Council. All communications concerning the proposal must be made in public. This public communication permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence. Any violation of this doctrine would result in the invalidation of the request by the Court. The Doctrine applies not only to the initial public hearing but to all Requests for Reconsideration as well as Appeals to the City Council. 1,1-,ennyciale Elementary School Rezone Neighborhood Detail Map Existing: R-8 Proposed: R-8(P) GRAPHIC SCALE ( IN FEET ) 1 inch = 300' ft. July 16, 2004 B4 - 29 T24N R5E W 1/2 COR C 11 R , v'401-h" St. z JIN"�', Nil CA NE 143. CA R R-8 : N t c- 0 �J -:4 RCI�5D� ZONING P/B/FW TECHNICAL SERVICES 12/04/03 D4 - 5 T23N R-5E W 1/2 ---- R—ton 6ty li—ito 4 2QOo � lAsOO C4 32 T24N R5E W 1/2-- A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 32, TWP 24 N„ RGE 6 I_ W.M. n I x� 01 . 'w°1 NE 30TH STREET "�• ts' K q SCALE r • 80, _ t — i iiii Nir ° CONTOUR NTERVAL • 2' m Al jrZ q oxen ) f nr„ • �' ,mos1°i,am °¢x a� .� s \ Ltr omoi ovat [ m ® 33�Sg i�� HORRONTAL DATUM AND BASIS OF BEARlVO8: x ® @ Z 3 — xt,att.o— x t,I . •a w . at M .x� .. $ ,�,"t,,,tx�M.n.r.»,.».r.,>o,,.)a>o s,xcn I lio xc.nT i F VERTICAL DATUM �� N ��.°"..�.. m°'<�f ,1 ` �, '�� —. � "� tx, d .t«rox rw,.rxo t2,m.•ntx a i ,m w° ati brxx a. <urbroxys).n 3 � � w/,s/�J '," i": ,.M nb^°n °:n,+, • ua,utM t, r ,u,mbtrn°x orxc g ° WM SENOHMARN: —Lkt�.'i '.wA .`ar Mn`kwum xaetmar, n M ,e,x mm � �i � � b.x.[,•a I 1 `.u;•:�, "` j mxdnt ,u .t . X. i p w \ iauc°14�"nc 111--om NOT8•�LECEHO(nK�i� M uitrrtlar icvf w h b K ]T.1. if d , 11K „MGa b OOlttb o,b,,,, L» ,rtp ,xxlt a ,tt,. O I— u c�;°".o.,l �P.ml .:., � x vu. r .w . ca `"rxmow ar w��t �t r„v:.oto n"`br"r R umm sa.rmo I'•' W o u.�[. ens+. d em`:1tl1cani w,u�rraxtyw ran s•,o0,uobo.,+_.xr nrmnK. M bsw, Y ot'I' 11A0w0 , nx naa McaK. ..'t. u r )»:. , • wxo „ / i !III W ®.os, ..N, I "' ''�°�✓-u. °' W° r w�i. i�o-' K„ \ ":")}at,l rmt wvo�moAL'Deecarm.uOa L x m �[,.,•.,o,s .w., . ,i.). ,n.t r c / rc f.,oa, r r.c r r x,. „" ""m""'" CON1M0• "^"c I ,✓ •.oau�xrr n.cif.ia s. nmo"a atuxe couxn-.. J o ;..; u.,<;, o< Mt EWE:,� o K ., rox •x A ,� x�. r e.„>;»:tr Z r0 °M ,x mrA . er°re:'�' >,v ,• �h, . ,}�ii r • '' 1 , —.—,...r ° .eexo„w. .x. or ..r r )�>.•r xm-cxwa. _ ~ • NE 28TH STREET- °=.N ,m y.,o.dm ,Y•,Ma »`� w.t .•..r ) I[Kx �. lI r f ��) �+n' . '.�i — �.a,ro,. °, .., �," a.. �xt `i<.o°.`n u" Y,iil w,� ,. �, »,), .p_[,.rr.n rc ,,..,,rmlM�? a ).,.��`P s`S� .. e : ,M'.��';• °»< � rc ,ie:i:'r u: :. —,—,w, , .o[, . . ,,,.,.,. eutx �xc ,•, Kin r v,.tt M°�n ti.ti roi m r twt °m - - �—° <a°.ccrax w x„.crox rover oxxxoxx x m )s..)° , n. a os w-loos L �.�andurn,c� From: Citizens to Council Via Clerk To: donna-floyd Date: Tue, Nov 2, 2004 7:46 AM Subject: Re: Vote to support EIS for Black River Heron colony Dear Ms. Kostka: Regarding the Sunset Bluff appeal, the parties to the appeal have previously had an opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new evidence in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at the next regular Council meeting. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "donna-floyd" <donna-floydCprodigy.net> 11/1/2004 4:35:24 PM >>> Renton City Council -- The Black River heron colony is the biggest in King County. The State has declared great blue heron nesting colony sites as "protected habitat." The decision of the Hearing Examiner MUST be upheld and the EIS he prescribed begun asap. Do not take the easy way out of endorsing this development which has so many uncertainties about how it would affect the colony. I work with volunteers supporting Seattle's largest great blue heron nesting colony in Kiwanis Ravine. The City of Seattle has upheld W DFW advice about no forestry, excavation, or outdoor construction within a designated zone, during the nesting season. The City of Renton can do no less! Respectfully, Donna Kostka Donna Kostka, Grants Coordinator Heron Habitat Helpers 2420 30th Ave., W. Seattle, WA 98199 TEL: 206-283-7805 FAX: 206-283-8841 info @ heronhelpers.org PAM021"I" From: Citizens to Council Via Clerk Zoo To: Glenn Herlihy Date: Fri, Nov 5, 2004 11:13 AM Subject: Re: shocked at the immorality Dear Mr. Herlihy: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. Tthe parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at the next regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Glenn Herlihy" <glennherlihy @speakeasy. net> 11/5/2004 9:26:30 AM >>> Dear Council Members, While doing some errands, that is supporting some local Renton Businesses, I stopped for the first time at the Black River Riparian Forest Habitat and fell in love with the place. I thought to myself while walking through the forest how wonderful and special it was to have a beautiful place like this where one could escape the polluted and ugly surroundings of Renton ( appropriately named Monster Road ). However, my heart stopped this morning after reading the PI article about the possible development in the Black River (literally). Could people like yourselves, upstanding business leaders, go that low to revoke your support for a rare attraction like the Black River Habitat? Renton's future will benefit far more from having a clean BR Forest than it ever ever will from another cheaply built development. Also, Nesting mother Herons would never survive a bunch of teenagers with BB guns living right next to them. If you put the same amount of money that seems to be going into your pockets from this apartment complex into promoting Renton as a Heron sanctuary Renton may someday actually be a desirable place to go visit. Please I urge you with all my heart to protect the Black River Riparian Forest. It is a gem for your future don't pawn it off ! Glenn Herlihy a33y /?A Ave.s . Seatfle, WR 4Slff From: Citizens to Council Via Clerk To: Julia R Chase Date: Fri, Nov 5, 2004 3:58 PM Subject: Re: Save the Herons! Dear Ms. Chase: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. The parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at the next regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Chase, Julia R" <Julia.Chase@providence.org> 11/5/2004 2:01:22 PM >>> November 5, 2004 Dear Renton City Council, I am a 3rd generation resident of southwest Seattle. My mother and father (in their mid-70's) have been visiting the blue heron heronry in the Renton Black River Riparian for many years. I often visit the site with them. It is a wonder of nature in the middle of an ever growing urban region. Over $8 million dollars have been spent to preserve this precious area. Please do not ruin it now! Please follow the advise of your Hearing Examiner and do an environmental assessment. I'm sure that with proper evaluation a mutually beneficial agreement can be reached, one that would satisfy the heronry and the developer. This kind of solution is the way of the future. Please slow the process and take a good look at the solutions. Sincerely, Julia Chase 8145 29th SW Seattle, WA 98126 206-935-9511 This message is intended for the sole use of the individual and entity to also whom it is addressed, and may contain information that is privileged, 7f��'s &I"011 confidential and exempt from disclosure under applicable law. If you are 1�rdiv/d cta not the intended addressee, nor authorized to receive for the intended �f addressee, you are hereby notified that you may not use, copy, disclose or coU gallN 6CPS' distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Thank you very much. From: Julia Medzegian To: Bonnie Walton Date: 11 /8/2004 2:07:49 PM Subject: Fwd: Save the Herons Bonnie, The attached e-mail is the only e-mail that Councilmembers have received directly from anyone regarding the Sunset Bluffs Appeal. It was sent to each Councilmember individually and was distributed as follows: Automatically forwarded to Councilmembers Nelson and Palmer to their personal (home) e-mail addresses. Opened and Deleted by Councilmembers Persson and Law. Deleted before being opened (except by the Council Liaison) from Councilmembers Briere, Clawson and Corman's City e-mail addresses. Julia Medzegian Renton City Council Liaison 425-430-6555 jmedzegian@ci.renton.wa.us From: "Chase, Julia R" <Julia.Chase@providence.org> To: "'tbriere@ci.renton.wa.us"' <tbriere@ci.renton.wa.us> Date: 11 /5/2004 4:34:42 PM Subject: Save the Herons November 5, 2004<?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /> Dear Council Member Briere, am a 3rd generation resident of southwest Seattle. My mother and father (in their mid-70's) have been visiting the blue heron heronry in the Renton Black River Riparian for many years. I often visit the site with them. It is a wonder of nature in the middle of an ever growing urban region. Over $8 million dollars have been spent to preserve this precious area. Please do not ruin it now! Please follow the advise of your Hearing Examiner and do an environmental assessment. I'm sure that with proper evaluation a mutually beneficial agreement can be reached, one that would satisfy the heronry and the developer. This kind of solution is the way of the future. Please slow the process and take a good look at the solutions. Sincerely, Julia Chase 8145 29th SW Seattle, WA 98126 206-935-9511 This message is intended for the sole use of the individual and entity to whom it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended addressee, nor authorized to receive for the intended addressee, you are hereby notified that you may not use, copy, disclose or distribute to anyone the message or any information contained in the message. If you have received this message in error, please immediately advise the sender by reply email and delete the message. Thank you very much. From: Citizens to Council Via Clerk To: miao99@joimail.com Date: Mon, Nov 8, 2004 11:08 AM Subject: Re: What do you mean, no environmental impact statement? Dear Ms. O'Neal: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. The parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendations to the Council on this matter at tonight's regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "miao99@joimail.com" <miao99> 11/6/2004 3:07:10 PM >>> As a new (since last April) resident of Renton, I have been, with my little grand daughter, learning about my new town. Imagine my despair to read in the P.I. that the Renton Council values the building of a puny 65 homes (irrelevant in the span of my grand daughter's lifetime) over protection for an irreplaceable nesting place for herons. Shame on you. I assure you, she and I value the heron nesting place much more than we value the dubious merit of 65 new homes. I am a very politically active grandmother, and I am nurturing 2 future politically active grandchildren. I will, of course, attend the meeting on Monday to protest your decision not to have an EPI done. This is your chance to show you value something besides immediate profit to your own selfish selves. If not, WHAT ARE YOU AFRAID THE EPI WOULD SHOW? Are you persons of integrity, or not? Nancy O'Neal 390 Taylor Ave NW, #401 Renton, WA 98055 Nancy (Mia) O'Neal; miao99@ioimail.com; or kyorhiin @yahoo.com; 206-268-0747 Nothing is worth more than this day. --Goethe CC: kyorhiin@yahoo.com From: Citizens to Council Via Clerk To: Kevin Jones Date: Mon, Nov 8, 2004 11:11 AM Subject: Re: Black River Riparian Forest Dear Mr. Jones: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. The parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at tonight's regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> "Kevin Jones" <kevin@treehouseforkids.org> 11/8/2004 9:57:13 AM >>> Dear Council Members, am writing to urge you to allow an environmental impact study to be done before approving the building of the housing complex next to the Black River Riparian Forest. I am no rabid environmentalist, but I do believe that care should be taken when we consider large construction projects near fragile wetland areas --especially next to the largest heron nesting location in King County. I am sure there is a way to allow PROGRESS to coexist with NATURE, and an environmental impact study is a good step in ensuring that a proper balance is found. Please do not overturn the Hearing Examiner's thoughtful decision to request an environmental impact study. All of the citizens of King County --and especially our children who will get a chance to enjoy these majestic birds in the future --sincerely thank you. Kevin Jones South Seattle Resident 3aa f Ave SVV 5m#e q ffraG From: Citizens to Council Via Clerk To: Paula Crockett/Martin Gibbins Date: Mon, Nov 8, 2004 2:40 PM Subject: Re: Please approve an alternative to the Black River area apartment complex Dear Paula Crockett and Martin Gibbins: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. The parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at tonight's regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> Paula Crockett/Martin Gibbins <binary_star85@yahoo.com> 11/8/2004 2:11:34 PM >>> Dear Renton City Council members and planning commission, We live in South Bellevue, but we spend a fair amount of time in Renton. We are writing to express our concern over the possible approval of the apartment complex project near the Black River Riparian Forest and its heron rookery. Herons are increasingly threatened by urban development. They are also threatened because of the wonderful comeback of the bald eagle (eagles prey on young herons). An urban forest is worth preserving in and of itself ---how fortunate Renton is to have such an urban gem within its boundaries! We are not against development, but we believe that development must be done in a balanced way. We also believe that conscientious government leaders can work with developers to craft a plan that supports econominc development AND the preservation of areas like the Black River Riparian Forest. We understand that an alternative plan has already been suggested ---one that would place the apartment complex on a smaller piece of land, which would leave more of a buffer area between the complex and the rookery. We urge you to not to turn your backs on this urban gem. Once it's gone, it's gone for good. Please do the right thing ---for today's citizens and for future generations. Sincerely, Paula Crockett and Martin Gibbins 5714138th Place SE Bellevue, WA 98006 Do You Yahoo!? From: Citizens to Council Via Clerk Lf To: Stacie Finnelly Date: Mon, Nov 8, 2004 6:02 PM Subject: Re: Approve an alternative to the Black River area apartment complex Dear Ms. Finnelly: Thank you for your e-mail to the Renton City Council. The City of Renton also cares about the Black River Riparian Forest Habitat. Regarding proposed development in this area, the Sunset Bluff land use application is currently under appeal. The parties to the appeal have previously had opportunity to address their arguments to the Planning & Development Committee of the City Council. By City Code and by State law, the City Council may not consider new testimony in this appeal. Because of the court requirements prohibiting the City Council from considering new evidence, and because all parties have had an opportunity to address their concerns previously, the City Council may not consider oral or written testimony at this point. Therefore, your email message cannot be forwarded to Council at this time. As a matter of information, it is anticipated that the Committee will make their recommendation to the Council on this matter at tonight's regular Council meeting. Your concern is appreciated. If I can provide further assistance or information, please feel free to contact me. Sincerely, Bonnie Walton City Clerk City of Renton 425-430-6502 >>> Stacie Finnelly <gryphon725@yahoo.com> 11/8/2004 4:41:15 PM >>> Dear Renton City Council members and planning commission: I have lived in the Seattle area my entire life. As a UW graduate, I enjoyed many hours canoeing through the Arboretum, enjoying the wildlife and natural wonder. It has come to my attention that you are in the process of possibly approving the construction of an apartment complex project near the Black River Riparian Forest and its heron rookery. Although I am not against development, I believe that development must be done in a way that balances it with nature. I understand that an alternative plan has already been suggested, which would place the apartment complex on a smaller piece of land, leaving more of a buffer area between the complex and the rookery. I urge you to look at alternatives to eliminating this natural space, thus affecting the wonderful herons and wildlife that I have enjoyed over the years. This wildlife is what makes the Northwest a treasured place to live. Sincerely, Stacie Finnelly lPe��uo�d, w� �gos� 77172MMVED By 0UMCI ®ate FINANCE COMMITTEE COMMITTEE REPORT November 8, 2004 Coulon Beach Park Boat Launch Repair Project, CAG-04-133 (Referred November 1, 2004) The Finance Committee recommends concurrence in the staff recommendation that the Council authorize the use of $69,097.71 in excess budget from completed projects, accept the low bid submitted by Skaar Construction, Inc. for Coulon Beach Park Boat Launch Repair Project, and authorize the Mayor and City Clerk to sign the contract in the amount of $119,379.71. C Mandy Corman, Chair Denis W. Law, Vice Chair Toni Nelson, Member - �'-` cc: Dennis Culp, Community Services Administrator Leslie Betlach, Parks Director Bill Rasmussen, CIP Coordinator 2004-188aa FINANCE COMMITTEE REPORT November 8, 2004 APPROVAL OF CLAIMS AND PAYROLL VOUCHERS Date The Finance Committee approves for payment. on November 8, 2004, claim vouchers 231615- 232025 and 1 wire transfers, totaling $2,566,851.04 , and 570 direct deposits, payroll vouchers 54202-54436, and l wire transfer, totaling $1,795,529.43 . COMMUNITY SERVICES COMMITTEE COMMITTEE REPORT November 8, 2003 2"d Round of Neighborhood Grant Projects 2004 (Referred November 1, 2004) C rvCIC Date H- r ,q00 5l The Community Services Committee concurs in staff s recommendation to approve the following eight project grants: 1. Emerald Garden Homeowners' Association, Landscaping around detention pond located on the corner of Dayton Ave. NE and NE 201h St. - $5,547. 2. Falcon Ridge Homeowners' Assocation, Landscaping around exposed electrical boxes and add piemic tables to the common area. - $1,182. 3. LaCrosse Homeowner's Assocation, Improve two common area open spaces with the addition of benches, tables and light landscaping. - $2,787. 4. Maplewood Gardens Neighborhood Association, Develop a small urban park within the neighborhood on public right of Way,, located at SE 11`h Street. - $2,870. 5. Monterey Terrace Neighborhood Association, Restoring and upgrading the current entrance sign and landscaping. - $6,269. 6. Talbot Hill Neighborhood Association, Landscape the area surrounding the neighborhood entrance sign, located at S. 17d' Street and Talbot Rd. S. - $10,278. 7. Winsper Homeowners' Association, Landscape the main entrance located at S. 32"d and Talbot Road South. - $8,181. 8. Honey Creek Ridge Homeowners' Association, Plantings in seven traffic circles and adding two picnic tables within the common area. $1,437 The. Committee also recommends approval of funding for the following administrative newsletter applications: 1. Maplewood Glen Neighborhood Association - $162 for annual printing expenses for a newsletter printed and hand delivered quarterly. 2. Summerwind Homeowners Association - $ 216 for annual printing and postal expenses for a quarterly newsletter. Toni Nelson, Chair Palmer, V' e Chair Randy Corman, Member C: Norma McQuiller Rebecca Lind Alex Pietsch TRANSPORTATION/AVIATION COMMITTEE COMMITTEE REPORT ®ate 460 November 8, 2004 Pro -Flight Lease Addendum; LAG-99-002 (Referred October 25, 2004) The Transportation/Aviation Committee recommends concurrence in the staff recommendation to approve a lease addendum to the Pro -Flight Aviation, Inc. (Pro -Flight) lease, LAG-99-002, to increase the leased area, allow for fuel storage and fuel sales to the public, and provide for an increase in ground rental rate using the Consumer Price Index for Urban Seattle. The ground lease rate•increases from $0.3066 per square foot to $0.3287 per square foot increasing the annual. ground lease revenue .from $9,342.41 to $11,700.08. The Committee further recommends- that the Mayor and City Clerk be authorized to sign the lease addendum with Pro -Flight Aviation, Inc,. Marcie Palmer, Chair andy Corman, Vice Chair �XCitSEo .Terri Briere, Member cc: Ryan Zulauf Susan Campbell -Rehr Connie Brundage 4 DRAFT I. CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON DESIGNATING A PLANNED ACTION FOR THE LAKESHORE LANDING DEVELOPMENT, APPROXIMATELY 55 ACRES LOCATED BETWEEN LOGAN AVENUE N. TO THE WEST AND GARDEN AVENUE N. TO THE EAST, N. 8TH STREET TO THE SOUTH, AND EAST OF THE BOEING MANUFACTURING OPERATIONS ON THE WEST. WHEREAS, RCW 43.21C.031 and WAC 197-11-164, - 168, and - 172 allow and govern the application of a Planned Action designation; and WHEREAS, an Environmental Impact Statement (EIS) has been prepared for the Lakeshore Landing site, entitled the Boeing Renton Comprehensive Plan Amendment EIS, and such document considers the potential environmental impacts of a phased mixed -use project on property generally owned by the Boeing Company in North Renton, including approximately 55 acres of subject property, proposed to be developed as Lakeshore Landing; and WHEREAS, with Ordinance No. 5026, the City has amended the Comprehensive Plan Land Use Map for the subject area from Employment Area — Industrial (EA -I), Employment Area — Transition (EA-T) and Employment Area Office (EA-0) to Urban Center North (UC-N); and WHEREAS, with Ordinance No. 5027 the City has amended the Zoning Map from Center Office Residential (COR) and Commercial Office (CO), to Urban Center North 1 (UC- N1); and WHEREAS, this Ordinance would designate certain land uses and activities as "Planned Actions" which would be consistent with the Urban Center North 1 (UC-NI) designation and zone; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Purpose. The City of Renton declares that the purpose of this ordinance is to: A. Set forth a procedure designating certain project actions within the subject site as "Planned Actions" consistent with state law, RCW 43.21C.031; and 1 ORDINANCE NO. B. Provide the public with an understanding as to what constitutes a Planned Action and how land use applications which qualify as Planned Actions will be processed by the City; and C. Streamline and expedite the land use permit review process for this site by relying on completed and existing detailed environmental analysis for the subject site; and D. Combine environmental analysis with land use planning. It is the express purpose of this ordinance that all the City's development codes be applied together with the development agreement framework attached as Exhibit A to this Ordinance for the purpose of processing Planned Actions. SECTION II. Findings. The City Council finds that: A. The Boeing Renton Comprehensive Plan Environmental Impact Statement (EIS) addresses all significant environmental impacts associated with the scenarios described in the EIS for Alternatives 1, 2, 3, and 4 as referenced therein, and the Lakeshore Landing Conceptual Plan is encompassed by those Alternatives; and B. The mitigation measures contained in the Development Agreement, Exhibit A of this Ordinance, together with the City's development standards, and standard mitigation fees, are adequate to mitigate the significant adverse environmental impacts of the EIS Alternative scenarios 1, 2, 3, and 4, and the proposed Lakeshore Landing conceptual site plan; and C. The expedited permit review procedure set forth in this Ordinance is and will be a benefit to the public, protects the environment, and enhances economic development; and D. Opportunities for public involvement and review have been provided as part of the Comprehensive Plan, rezoning and EIS processes, and the approval of the Conceptual Plan for Lakeshore Landing and comments have been considered which have resulted in modifications to measures in the Development Agreement and analyzed Alternatives. SECTION III. Procedure and Criteria for Evaluating and Determining Projects as Planned Actions. A. Planned Action Site. The Planned Action designation shall apply to approximately 55 acres of property commonly referred to as the Lakeshore Landing site, and referred to in this Ordinance as the "subject site." The City Council has approved, at its regular meeting on October 18, 2004, the Lakeshore Landing Conceptual Plan for development of between 500,000 square feet and 800,000 square feet. The property and Conceptual Plan are illustrated in Exhibit B, and legally described in Exhibit C. Additionally, the Planned Action designation shall apply to any off -site improvements necessitated by the proposed development on the subject site, where the off -site improvements have been analyzed in the EIS. Draft p. 2 ORDINANCE NO. B. Environmental Document. A Planned Action designation fora site -specific permit application shall be based on the environmental analysis contained in the Renton Boeing Comprehensive Plan Environmental Impact Statement (EIS) issued by the City on October 21, 2003. The Development Agreement, Exhibit A, is based upon the analysis in the EIS. The Development Agreement, together with existing City codes, ordinances, standard mitigation fees, and standards shall provide the framework for the decision by the City to impose conditions on a Planned Action project. Other environmental documents incorporated by reference in the EIS may also be utilized to assist in analyzing impacts and determining appropriate mitigation measures. C. Planned Action Designated. Uses and activities described in the EIS, subject to the thresholds described in Alternatives 1, 2, 3, and 4 analyzed in the EIS, and subject to the mitigation measures described in Exhibit A, are designated Planned Actions pursuant to RCW 43.21.C.031. D. Planned Action Thresholds. 1. Land Use. Subject to the measures described in Exhibit A, the land uses and development levels analyzed as Alternatives 1, 2, 3, and 4 of the EIS, together with their customary accessory uses and amenities described in the EIS, when applied to the Conceptual Plan for Lakeshore Landing approved by the City Council at its meeting of October 18, 2004, makes Lakeshore Landing a Planned Action pursuant to RCW 43.21.C.031. If future refinements to the approved Lakeshore Landing Conceptual Plan exceed the maximum development parameters reviewed, supplemental environmental review may be required under SEPA Rules. If proposed plans significantly change the location of uses in a manner which would negatively affect land use compatibility (for example, move commercial and office uses in such a manner that they would not buffer residential uses from the nearby manufacturing uses), additional SEPA review would be required. 2. Building Heights and Thresholds: Building heights shall not exceed the maximum heights allowed in the UC-N1 zone. In comparison with the building heights reviewed in the EIS, a proposed increase in height greater than 10% shall require additional SEPA review addressing aesthetics and shadows. 3. Transportation: a) Trip Ranges: The range of trips were reviewed in the EIS. b) Trip Threshold: Uses or activities which would exceed the maximum trip levels shown in the EIS must complete additional SEPA review. c) Road Improvements: The Planned Action would require on -site and off -site road improvements. These road improvements have been analyzed in the EIS. Significant changes to the road improvement plan that have the potential to significantly increase impacts to air quality, water quality, fisheries resources, or noise levels beyond the levels analyzed in the EIS would require additional SEPA review. Draft p. 3 ORDINANCE NO. 4. Earth: A significant change in amount of grading assumed in the EIS which has the potential to adversely affect water quality or fisheries shall require additional SEPA review. 5. Air Quality: A significant change in configuration, increase in building heights, or significant decrease in setbacks between residential and manufacturing uses, which could affect localized air quality and odor conditions would require additional SEPA review. 6. Water. The following changes by the Planned Action scenarios to the Alternatives analyzed in the EIS would require additional SEPA review: a) Change in peak flows to Johns Creek significantly exceeding the levels reviewed in the EIS. b) Increase in number of outfalls to Johns Creek or Lake Washington beyond the numbers reviewed in the EIS. 5. Public Services and Utilities: A significant increase in the number of square feet or dwelling units beyond the maximum number analyzed in the EIS would require additional SEPA review to address impacts to Fire, Police, Schools, Parks, Water, Wastewater, Solid Waste, as applicable. E. Planned Action Review Criteria. 1. The Director of Development Services, or the Director's designee, is hereby authorized to designate a project application as a Planned Action pursuant to RCW 43.21C.031(2)(a), if the project application meets WAC 197-11-172 and all of the following conditions: a) The project is located on the subject site as described in section III.A, or is an off -site improvement directly related to a proposed development on the subject site; and b) The project is consistent with the Renton Comprehensive Plan adopted under RCW 36.70A; and c) The project's significant environmental impacts have been adequately addressed in the EIS by reviewing the environmental checklist or other project review form as specified in WAC 190-11-315; and d) The project complies with the Planned Action thresholds in the EIS; and e) The Director has determined that the project's significant impacts have been mitigated through the application of the Development Agreement in Exhibit A, as well Draft p. 4 ORDINANCE NO. as other City requirements, standard mitigation fees and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and f) The proposed project complies with all applicable local, state and federal regulations, and where appropriate, needed variances or modifications or other special permits have been requested; and g) The proposed project is not an essential public facility. F. Effect of Planned Action. 1. Upon designation by the Director that the project qualifies as a Planned Action, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), or any additional review under SEPA. 2. Being designated a Planned Action means that a proposed project has been reviewed in accordance with this Ordinance, and found to be consistent with the development parameters and environmental analysis included in the EIS. 3. Planned Actions will not be subject to further procedural review under SEPA. However, projects will be subject to conditions designed to mitigate any environmental impacts which may result from the project proposal, and projects will be subject to whatever permit requirements are deemed appropriate by the City under State and City laws and ordinances. The Planned Action designation shall not excuse a project from meeting the City's code and ordinance requirements apart from the SEPA process. G. Planned Action Permit Process. The Director shall establish a procedure to review projects and to determine whether they meet the criteria as Planned Actions under State laws and City codes and ordinances. The procedure shall consist, at a minimum, of the following: 1. Development applications shall meet the requirements of RMC Chapters 4-8 and 4-9. Applications shall be made on forms provided by the Department and shall include a SEPA checklist or revised SEPA checklist [where approved through WAC 197-11-315(2)] or such other environmental review forms provided by the Planning/Building/Public Work Department. The checklist may be incorporated into the form of an application; 2. The Director shall determine whether the application is complete as provided in RMC Chapter 4-8. 3. If the project application is within an area designated as a Planned Action, the application shall be reviewed to determine whether the proposed application is consistent with and meets all of the qualifications specified in section III of this Ordinance. Draft p. 5 ORDINANCE NO. 4. Upon review of a complete application by the City, the Director shall determine whether the project qualifies as a Planned Action. If the project does qualify, the Director shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedure, except that no additional SEPA review, threshold determination, or EIS shall be required. 5. Public notice for projects that qualify as Planned Actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a Planned Action. If notice is not otherwise required for the underlying permit, no special notice is required. 6. If a project is determined not to be a Planned Action, the Director shall notify the applicant and prescribe a SEPA review procedure consistent with the City SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a Planned Action. 7. Projects disqualified as a Planned Action may use or incorporate relevant elements of the environmental review analysis in the EIS prepared for the Planned Action, as well as other environmental documents to assist in meeting SEPA requirements. The Environmental Review Committee may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS. SECTION IV. Time Period. This Planned Action Ordinance shall be reviewed no later than December 31, 2009 by the Development Services Director to determine its continuing validity with respect to the environmental conditions of the subject site and vicinity and applicability of Planned Action requirements. Based upon this review, this Ordinance may be amended as needed, and another review period may be specified. SECTION V. Conflict. In the event of a conflict between the Ordinance or any mitigation measures imposed pursuant thereto and any ordinance, or regulation of the City, the provisions of this Ordinance shall control, EXCEPT that provision of any Uniform Code shall supersede. SECTION VI. Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Ordinance or its application be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to any other person or situation. SECTION VII. This ordinance shall be effective upon its passage, approval, and five days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Draft p. 6 ORDINANCE NO. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1142:11/3/04:ma Kathy Keolker-Wheeler, Mayor , 2004. Draft p. 7 EXHIBIT ,A,, Return Address Office of the City Clerk Renton City Hall 1055 South Grady Way Renton, WA 98055 Document Titles) (or transactions contained therein): 1. Development Agreement for Renton Plant Redevelopment Reference Number(s) of Documents assigned or released: (on page _ of documents(s)) Grantor(s) (Last name fast, then first name and initials): 1. The Boeing Company Grantee(s) (Last name first, then first name and initials): 1. City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portions of Renton Farm Plat, Renton Farm Plat No. 2, Plat of Sartorisvft Renton Boiler Works Short Plat, Renton Farm Acreage Plat, City of Renton Short Plat, C.H. Adsit's Lake Washington Plat, and Comment Lots 1, 2, and 3 —SIR 082305 TAXLOT 55 PCL 1 BOEING, STR 082305 TAXLOT 115 PCL 2 BOEING, STR 082305 TAXLOT 880 PCL 3 BOEING, STR 082305 TAXLOT 19 PCL 4 BOEING, STR 082305 TAXLOT 9 PCL 5 BOEING, SIR 082305 TAXLOT 37 PCL 6 BOEING, STR 082305 TAXLOT 105 PCL 7 BOEING, STR 082305 TAXLOT 152 PCL 8 BOEING, STR 072305 TAXLOT 1 PCL 9 BOEING, STR 072305 TAXLOT 46 PCL 10 BOEING, STR 082305 TAXLOT 11 PCL 'I I BOEING, STR 082305 TAXLOT 197 PCL 12 BOEING, STR 082305 TAXLOT 79 PCL 13 BOEING, STR 072305 TAXLOT 100 PCL 14 BOEING, STR 082305 TAXLOT 204 PCL 15 BOEING. �X Full legal is on pages through of document. Assessor's Property Tax Parcel/Account Number Portions of the following: #756460-0055-04, #72230"115-08, #722400-0880-M, #082305-0019-00, #092305-9209-00, #082305-9037-08, #722300-0105-00, #082305-9152-07, #072305-9001-01, WM05- 9046-08, #082305-9011-08, #082305-9187-06, #082305-9019-07, #072305-9100-01, #082305-9204-05. VBOEING Dev Agreement 11.24-03.doc) 11/24/03 DEVELOPMENT AGREEMENT BETWEEN THE BOEING COMPANY AND THE CITY OF RENTON FOR. REDEVELOPMENT OF A PORTION OF THE BOEING RENTON AIRCRAFT MANUFACTURING FACILITY I. PREAMBLE This DEVELOPMENT AGREEMENT ("Agreement') between THE BOEING COMPANY ("Owner" or `Boeing'), a Delaware corporation, and the CITY OF RENTON ("Renton'), a municipal corporation of the State of Washington, is . entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with an entity having ownership or control of real property within its jurisdiction. H. RECITALS A. Owner owns approximately 280 acres of real property, known as the Boeing Renton Aircraft Manufacturing Facility ("Renton Plant" or "Plant"), located in Renton, King County, Washington, as more particularly described in Exhibit 1, attached. Since the early 1940s, the Plant has been used to manufacture military and commercial airplanes. B. The majority of the Renton Plant site has historically been zoned for heavy industrial use and has, for several years, been designated Employment Area - Industrial by the Renton Comprehensive Plan. Since 2000, a parcel along the Plant's eastern boundary has been zoned IH and designated by the Comprehensive Plan as Employment Area -Transition (Interim) and a nearby parcel has been zoned CO and designated by the Comprehensive Plan as Employment Area -Office. C. In 2002, Owner informed Renton of its plan to consolidate its Renton Plant operations to the site area west of Logan Avenue, an effort commonly known as the 'Move -to -the -Lake." Move -to -the -Lake is, among other things, intended to release underutilized land as surplus for eventual sale and redevelopment. D. To provide certainty and efficiency to Owner with respect to further development of the Renton Plant for airplane manufacturing purposes, to encourage continued airplane manufacturing by Owner at the Renton Plant, and in anticipation of potential future redevelopment efforts, Owner and Renton entered into a Development Agreement ('2002 Agreement') on June 28, 2002, by Resolution [BOEING Dev Agreement I 1-24-03.doc] 11/24/03 Page 1 l No. 3568 which, among other things, established baseline trip counts, redevelopment credit and vesting of land use regulations under certain circumstances for ongoing Renton Plant operations and potential redevelopment. E. Based on further discussions between Owner and Renton regarding Potential opportunities for redevelopment of the Renton Plant site, in phases, over time, Renton resolved, by Resolution 3589, on October 14, 2002, to conduct environmental review in the form of an environmental impact statement ('EIS") pursuant to the State Environmental Policy Act ("SEPA') of (a) potential alternatives for redevelopment of all or a portion of the Renton Plant site and (b) related public infrastructure. Resolution 3589 also established a conceptual public/private fi amework for the eventual mitigation of the impacts of Renton Plant redevelopment on transportation infrastructure and public services. F. On December 4, 2002, Owner and Renton entered into an agreement concerning the funding and construction of the extension of Strander Blvd. across Owner's Longacres property ("Strander Agreement'). Among other things, the Strander Agreement establishes a $1.7 million transportation mitigation credit to Boeing that may be used to pay for transportation improvements needed to support development of Owner's properties located in Renton. G. On December 16, 2002, Owner submitted an application to Renton for amendment of the Comprehensive Plan designation applicable to the Renton Plant site ("Comprehensive Plan Application") from 1H to Employment Area — Transition ("EAT"). Renton elected to designate the area under a new Comprehensive Plan designation and combine the Comprehensive Plan Application with amendments proposed by Renton to the zoning text, zoning map and development standard for the Renton Plant site H. On December 20, 2002, Renton imposed, by Resolution 3609, a Moratorium on -development in areas of Renton, including the Renton Plant, zoned 1H. One stated reason for the Moratorium was Renton's desire to `provide adequate time for Renton staff to prepare and present proposed changes to the Comprehensive Plan and zoning" of those areas zoned heavy industrial (IH). I. On January 13, 2003, the City Council held a public hearing on the Moratorium. At the request of the Boeing Company, Renton amended the Moratorium to allow Boeing to consolidate its facilities within the Renton Plant. After the January 13, 2002 public hearing, the Renton City Council adopted Resolution 3613 which continued the Moratorium in those areas of Renton zoned [BOEING 11-24-03.doc] 1 W4/03 Page 2 heavy industrial (III, but also agreed to support Boeing's "Move -to -the -Lake" including any required building modification or construction. J. On June 9, 2003, the City Council amended the Moratorium for a second time by the adoption of Resolution 3639. Resolution 3639 lifted the Moratorium over I-H zoned areas located within the Employment Area -Valley Comprehensive Plan designation. The Renton Plant is the only I-H zoned properly of any significant size that continues to be bound by the Moratorium, which is scheduled to expire on December 2, 2003. K. On March 4, 2003, Renton's Environmental Review Committee C ERC') adopted a determination of significance for the Proposal. Renton issued a Scoping Notice and Scoping Document for the EIS on March 109 2003. On March 25, 2003, a public scoping meeting was held to receive written and oral comments on the proposed scope of study. A Draft Environmental Impact Statement (DEIS) was issued by the ERC.on July 9, 2003. A public hearing was held on July 30; 2003. A thirty day comment period on the DEIS was closed on August 8, 2003. The Final EIS was issued on October 21, 2003. L. Portions of the Proposal were the subject of a Renton Planning Commission hearing held November 12, 2003; the Proposal and related modifications to Renton's existing parking code, site development plan review ordinance, and binding site plan ordinance were the subject of the City Council Hearing held on November 17, 2003. The City Council adopted all by ordinance on November 24, 2003. M. Owner has determined that the portions of the Renton Plant Site known as Lot 3 and the 10-50 site will become under-utilized at the completion of Move -to - the -Lake. Consequently, those portions of the Plant may be surplused and made available for sale, in the near future. IN LIGHT OF THE FOREGOING, and because successful redevelopment of all or portions of the Renton Plant site will be of long-term benefit to both Renton and Owner, Renton and Owner do hereby agree as follows: M. AGREEMENT 1. Definitions 1.1 Arterial Roads means the primary public roads supporting District 1 and 2 Redevelopment, as diagrammed in plan and section and described on Exhibit 2 (BOEING 11-24-03.doc) IIt24/03 Page 3 M attached, with typical sections of the individual Arterial Roads shown in Exhibits 2A through 2E (herinafter collectively referred to as Exhibit 2). 1.2 Boeing means The Boeing Company, a Delaware corporation, and related or subsidiary entities. 1.3 Design Guidelines means the Urban Center Design Overlay Regulations established by Renton to supplement the Development Regulations with respect to the design of certain uses permitted within the UC-N zone. 1.4 Development Regulations means those portions of the Renton Municipal Code (RMC) zoning provisions that govern certain aspects of site planning, building design, landscape requirements and other elements of development within a given zone. 1.5 District 1 means that area of the Renton Plant Site located east of Logan Avenue, as designated on Exhibit 3 attached. 1.6 . District 2 means that area of the Renton Plant Site located west of Logan Avenue, as designated on Exhibit 3. 1.7 Economic Benefit Analysis means the calculation of estimated one time and recurring revenues and jobs generated by a proposed Redevelopment project. 1.8 Franchise Utilities means electricity, natural gas, telecommunications, and other utilities not provided by Renton. 1.9 Interchanges mean access points from Renton roadways to and from Interstate 405. 1.10 Intersections mean the general areas where two or more roadways join or cross, including the roadways and roadside facilities for traffic movement within them. 1.11 Land Use Policies and Regulations means Renton Comprehensive Plan policies, Development Regulations and Design Guidelines. 1.12 Local Roads means all on -site roads that are not Arterial Roads and that are necessitated by Redevelopment. 1.13 Off -Site Intersections means intersections not included within District 1 or District 2. POEING 11-24-03.dcc) 11/24N3 Page 4 1.14 On -Site Intersections means the intersections shown on Exhibit 4. 1.15 Owner means Boeing and any transferee or successor -in -interest of all or any portion of the Renton Plant. 1.16 Proposal means, collectively, Owner's Comprehensive Plan Application and related zoning and Development Regulation amendments proposed by Renton. 1.17 RMC means the Renton Municipal Code. 1.18 Redevelopment means construction of improvements to the Renton Plant for uses other than airplane manufacturing or uses supporting or associated with airplane manufacturing. L 19 Renton Plant Operations means airplane manufacturing and supporting or associated uses conducted on the Renton Plant Site. 1.20 Renton Plant Site means District 1 and District 2, collectively, as shown on Exhibit 3. 1.21 Site Plan Process means the master planning and site plan requirements of the RMC applicable to Redevelopment within the UC-N zone. 1.22 Subdistrict IA means that portion of District 1 commonly known as Parking Lot 3 and the 10-50 Building as shown on the Subdistrict I Conceptual Plan. 1.23 Subdistrict 1B means that portion of District 1 commonly known as the 10-80 site, Lot 10, and other Boeing -owned parcels east of Logan Avenue and south of 81h Street. 1.24 Subdistricts means Subdistrict IA, Subdistrict 1B, and District 2, collectively. 1.25 Utilities means water, sewer and stormwater system improvements that serve the Renton Plant Site. 2. Basis of Agreement 2.1 Intent This Agreement establishes certain roles and responsibilities for the potential phased Redevelopment of all or a portion of the Renton Plant Site, including but not [/BOMNG 11-24-03_dcc] 1124/03 Page 5 limited to Renton commitments for corresponding potential funding and construction of certain public infrastructure improvementsbenefiting the Renton Plant Site and the community at large and Owner commitments to participate in the funding of certain public improvements, to fund all private aspects of Redevelopment, and to redevelop the Renton Plant Site consistent with applicable Land Use Policies and Regulations. 2.2 SEPA Decision Document This Agreement is entered into in lieu of a SEPA "Decision Document" and, as such, establishes all SEPA-based conditions necessary to mitigate potential adverse impacts of the Proposal, and Renton's approval of the Subdistrict 1 A Conceptual Retail Plan. 3. Redevelopment Planning Redevelopment of the Renton Plant Site may occur incrementally starting with Properties within Subdistrict IA. Conceptual planning for the possible surplus and sale of property will occur in three areas of the Renton Plant Site, Subdistrict 1 A, Subdistrict 1B, and District 2, as illustrated in Exhibit 3. Conceptual planning, pursuant to the requirements of this Agreement, will be supplemented by master planning and site planning pursuant to the requirements of RMC 4-9-200. 3.1 Conceptual Plan At the time at which Owner wishes to subdivide, develop, sell, or otherwise alter any property within the Subdistricts for uses not related to airplane manufacturing or supporting uses, it will submit to Renton a Conceptual Plan including: 3.1.1. A narrative describing the conceptual Redevelopment proposal and its relationship to the Renton's Comprehensive Plan Vision and Policies for the Urban Center —North; 3.1.2 The estimated timing and sequencing of property surplus and sale (if applicable); 3.1.3 A description of the proposed uses including the general mix of types, estimated square footage of each building and parking for each structure, heights and residential densities; 3.1.4 The general location of use concentrations (i.e., residential neighborhoods, office or retail cores, etc.); [BOEING 11-24-03.docj 1 W4l03 Page 6 3.1.5 Vehicular and pedestrian circulation that includes a hierarchy and general location of type, including arterials, pedestrian -oriented streets, other local roads and pedestrian pathways; 3.1.6 General location and size of public open space; and 3.1.7 An economic benefit analysis demonstrating the conceptual development's anticipated economic impact to local, regional and state governments. 3.2 Conceptual Plan Approval Owner will submit the Conceptual Plan to the City Council for approval. The Council will base its approval on the proposed Conceptual Plan's fulfillment of the adopted Comprehensive Plan Vision and Policies for the Urban Center North. 3.3 Subsequent Land Use Approvals Renton will evaluate all subsequent development permit applications within the Subdistricts based on consistency with the approved Conceptual Plan. The process for subsequent master plan and site plan approval is outlined in RMC 4-9-200. 3.4 Modifications to Approved Conceptual Plans 3.4.1 Modifications to an approved Conceptual Plan may be made after an administrative determination of the significance of the proposed modification. 3.4.2 Minor modifications to an approved Conceptual Plan may be approved administratively as long as the proposed modifications remain consistent with the spirit and intent of the adopted Plan. 3.4.3 If it is determined that a proposed modification is inconsistent with the spirit and intent of the adopted Conceptual Plan, or if an entirely new . Conceptual Plan is proposed, City Council approval is required 3.5 Subdistrict 1A Conceptual Retail Plan Owner has produced a Subdistrict IA Conceptual Retail Plan, attached as Exhibit 5, that meets the requirements of Section 3, outlining proposed Redevelopment of Subdistrict IA. By adoption of this Agreement, the City Council approves this plan as the Conceptual Plan for Subdistrict IA. 3.5.1 The Subdistrict I Retail Conceptual Plan includes development _ of approximately 450,000 sq. ft. of large- and medium -format retail stores and [/BOOING Dev Agreement 11-24-03.doe] 11/74/03 Page 7 approximately 110,000 sq. ft. of small retail shops, as well as potential locations for structured parking and upper story multi -family residential units or office uses. 3.5.2 An Economic Benefit Analysis for Subdistrict IA of the Redevelopment, attached as part of Exhibit 5, demonstrates that the Subdistrict 1A Retail Conceptual Plan, which is forecast to produce estimated revenues to Renton of approximately $1.2 million in one-time, construction related revenues and an escalation to approximately $1.5 million in recurring annual revenues to support Subdistrict IA Retail Redevelopment beginning in 2009, demonstrates revenues sufficient to fund Renton's obligation to construct public infrastructure supporting Subdistrict 1A Retail Redevelopment subject to Section 4, below. 3.6 Additional Planning Applicable Owner acknowledges that additional site planning based on the requirements of the RMC will be required for potential Redevelopment within the Subdistricts. For example, should Subdistrict 1. A be further divided by short plat, lot boundary adjustment or otherwise, master planning and site planning for each parcel and building site pursuant to RMC 4-9-200 would be required. 4. Infrastructure Required to Support Redevelopment Transportation and trunk utilities anticipated to be necessary to support Redevelopment and the manner in which each will be funded and developed are discussed below. Exhibit 2 generally illustrates each segment of Arterial Roads. Exhibits 6A, 6B, 7, 7A, 713 and 8 illustrate supporting trunk utilities. Exhibit 9 describes infrastructure components and corresponding anticipated cost. 4.1 Transportation Improvements 4.1.1 Arterial Roads Required at Full Build Out The parties agree that the Arterial Roads diagrammed on Exhibit 2 and listed on Exhibit 9, will be necessary to support full redevelopment of the Renton Plant Site, including District 2, assuming an intensity of total site Redevelopment no greater than Alternative 4 studied in the EIS. 4.1.2 Subdistrict lA Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10 as District 1, Subdistrict I roads and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict I A Redevelopment. MEING I1-24-03.doeJ 1124/03 Page 8 4.1.3 Subdistrict 1B Arterial Roads The parties agree that the Arterial Roads or portions thereof diagrammed on Exhibit 10, with typical sections of the individual Arterial Roads shown in Exhibits l0A through 10E (hereinafter collectively referred to as Exhibit 10) as District 1, Subdistrict 113 and listed by segment on Exhibit 9 are anticipated to be necessary for full Subdistrict 113 Redevelopment. 4.1.4 Other Arterials The cost of required improvements to arterial roads not addressed by this Agreement will be paid by property owners or developers benefited by the improvement based on a fair share allocation of total cost. 4.1.5 Arterial Road and Other Public Infrastructure Funding 4.1.5.1 Renton agrees to design and construct the Arterial Roads and certain other elements of public infrastructure specified below at Renton's sole cost and expense; provided, that Renton will rely on revenues from sales tax on construction, increased sales tax from Redevelopment improvements and the property tax and other revenues generated by Redevelopment to fund its share of the public infrastructure anticipated under this Agreement: 4.1.5.2 Renton will retain one-third (1/3) of the collected tax and other revenues generated by Redevelopment, and will set aside. the remaining two- thirds (2/3) for inf wt ucture improvements anticipated in this Agreement as necessary to timely support Redevelopment within the Subdistricts. 4.1.5.3 Renton intends to utilize limited tax general obligation debt to fund Arterial Roads and other public infrastructure under this Agreement, to be paid for by revenues generated by Redevelopment pursuant to the terms of Section 4.1.5.1. For example, $12,000,000 in bonds would require approximately $1,000,000 per year in debt service for a 20 year bond at 5% interest: Similarly, $7,500,000 in bonds would require approximately $625,000 per year in debt service and $4,000,000 in bonds would require approximately $333,000 in debt service. 4.1.5.4 Should tax revenues fall short of those necessary to timely install all infrastructure improvements required for a particular Redevelopment project, Renton may delay infrastructure construction until the tax revenue shortfall is remedied. [/BOEING Dev Agreement 11-24-03.doe] 11/24/03 Page 9 4.1.5.5 In the event of an infrastructure delay, Renton will immediately notify Owner and (if Owner is a non -Boeing entity) Boeing of its need to delay and representatives of the parties will meet to discuss a cure, which may include (at Owner's or Boeing's option) the provision of alternative financing pursuant to Section 5 of this Agreement. 4.1.6 Arterial Rights of Way 4.1.6.1 Owner agrees to dedicate, at no cost to Renton, the land necessary for the rights of way described in Exhibit 2, at the time that land on which the rights of ways are located is sold; provided, that (a) Renton may request earlier dedication, which Owner may approve in its sole discretion, which approval shall not be unreasonably withheld, and (b) easements or license agreements will be provided by Renton to Boeing, as Boeing deems necessary, to allow continued operation of facilities within the right of way that support Renton Plant Operations. That is, the parties intend that, if approved, such early dedication would not result in additional cost to or dislocation of Renton Plant Operations. 4.1.6.2 Should there be Owner buildings located in the rights of way, it shall be the responsibility of Owner to, at such time as the road needs to be constructed, and upon Renton's request, (a) demolish such buildings and (b) cap and abandon any underground facilities that would interfere with Renton's use of the dedicated property for right of way purposes. 4.1.6.3 Park Avenue is constructed asymmetrically within the current right of way. Expansion of Park Avenue anticipates use of the existing road. Some additional realignment may be necessary to connect Park Avenue to Logan. Owner will dedicate the necessary right of way to realign Park Avenue to provide symmetrical right of way and as anticipated for expansion under Exhibit 2. Renton will vacate any excess right of way created by such realignment, at no expense to Owner. Should Owner have a building occupying property that would need to be dedicated to Renton for right of way, then Owner shall grant the right of way, except for the portion occupied by the building. In such case Owner will reserve the right of way for Renton, and provide the dedication at no cost to Renton when the building is demolished. 4.1.6.4 Renton shall not vacate any right of way dedicated by Boeing necessary to serve Redevelopment, until redevelopment is complete or upon the approval of Boeing and Owner. [BOEING I1-24-03.doc] 11/24/03 Page 10 4.1.7 Design Fund and Timing 4.1.7.1 Renton agrees, within 30 days of the date of this Agreement, to earmark $1.5 million for funding of Arterial Road design and engineering ("Arterial Road Design Fund" or "Fund" ), The Fund will be utilized, as needed, to ensure that design and engineering of the Arterial Roads occur in collaboration with Owner and sufficiently in advance of Redevelopment project construction to produce needed Arterial Roads in time to serve such Redevelopment. The parties agree that Renton shall begin the consultant selection process for design. of Arterial Roads within 30 days of the date of this Agreement. - 4.1.7.2 With respect to Subdistrict 1 A Arterial Roads, Renton will begin design, through its consultant, of the intersection of Park and Logan as the first task of the consultant selected pursuant to Section 4.1.7.1. This early design shall be completed as soon as reasonably possible for the purpose of defining the location and extent of the needed right of way of the intersection of Park Avenue and Logan Avenue. Owner and Renton will consult on a right of way definition sufficient to permit Owner to establish its property lines for purposes of sale. 4.1.8 General Construction Timing. Construction of allor portions of Arterial Roads required for each increment of Redevelopment will occur based upon (a) need for that portion of the Arterial Road as demonstrated by a SEPA environmental checklist prepared for that increment of Redevelopment, a traffic study, or other documentation agreed to by the parties, and (b) a construction schedule established by Renton and approved by Owner -to ensure final completion of such Arterial Roads, for each increment of Redevelopment, prior to issuance of the fast occupancy permit for that increment; provided, that if such Arterial Road construction is not timely completed, Renton shall identify and construct, at its cost, mutually acceptable interim access. 4.2 Intersections 4.2.1 On -Site Intersections The cost of On -Site Intersections will be paid by Renton according to the principles set forth in Section 4.1.5, except that Owner will pay (a) the cost of left turn lanes necessary to provide access to Redevelopment and (b) that portion of the cost of the traffic signal necessary to support left turn movements. [BOEING 11-24-03.doc] 11/24/03 Page I I 4.2.2 Off -Site Intersections The cost of Off -Site Intersections will be paid jointly by the parties in shares proportionate to the amount of predicted traffic using the development and the amount of predicted traffic that is general pass -through traffic. These traffic predictions will be made by use of a mutually acceptable traffic forecasting model. Owner's contribution will be proportionate to the percentage of the traffic trips using the development, and Renton's contribution will be proportionate to the percentage of the traffic trips that are general purpose pass through trips. 4.2.3 Boeing Trip Allocation Boeing agrees that it will allocate up to 1,500 of the "baseline trips" established by the 2002 Agreement for Redevelopment of District 1. It is understood that this Agreement is based upon reallocation of up to 1,500 trips in order to mitigate or minimize the need for additional transportation improvements. The method, timing and distribution of each trip shall be at Boeing's sole discretion. If; however, Boeing's reservation of all or a portion of the 1,500 trips results in the need for transportation improvements that would have been otherwise unnecessary, Boeing will bear the cost of those improvements. 4.3 Interchanges The parties agree to collaborate on lobbying and other efforts to receive state and federal funding of I-405 interchange improvements that benefit Redevelopment. 4.4 Local Roads Owner agrees to pay for all Local Roads required for Redevelopment. 4.5 Transportation Mitigation Fees Renton agrees that Renton transportation mitigation fees assessed as mitigation for Redevelopment will be used to fund off -site improvements, required to support Redevelopment, in proportionate share of the cost of such improvements. Notwithstanding the foregoing, transportation impact fees shall not be devoted to On - Site Improvements or for site access improvements required by Redevelopment, such as left turn lanes on periphery streets. 4.6 Strander Agreement Transportation Mitigation Fee Credits The parties acknowledge that, at Boeings sole discretion, all or a portion of the reserve account established by the Strander Agreement may be utilized to pay for [/BOEING 11-24-03.doe] 11/24103 Page 12 all or a portion of Boeing's transportation obligations associated with Redevelopment, except that such credit may not be applied to reduce Boeing's share of the On -Site Intersection improvements addressed by Section 4.2.1. 4.7 Water 4.7.1 Renton shall, according to the principles set forth in Section 4.1.5, install water lines to support redevelopment in coordination with the construction of Arterial Roads. 4.7.2 Water lines installed shall be consistent with the "Option 1"plan provided by Renton's Department of Planning, Building and Public Works, described on Exhibits 6A and 6B, attached. 4.7.3 Owner and Renton will work together to create a water plan to ensure provision of adequate routine (non -emergency) water and emergency water, including fire flow protection, to the Renton Plant Site, for continued Renton Plant Operations and for Redevelopment, including but not limited to an agreement that water for Renton Plant Operations will be of adequate pressure, quantity, quality and have required system redundancy. 4.8 Stormwater Conveyance Renton shall, according to the principles set forth in Section 4.1.5, install a stormwater drainage and collection system to support Redevelopment, in coordination with the construction of Arterial Roads. The system to be installed is referred to as Option 1 B in Exhibit 7, which anticipates reuse of a portion of the Boeing stormwater drainage and collection system. The segment lengths, type of improvement, needed right of way, length of laterals and estimated costs of these segments is set forth in Exhibit 7A. If all or a portion of Boeing's stormwater drainage and collection system is used, Boeing agrees to grant Renton an easement for maintenance, repair and replacement of that system and title to the stormwater drainage and collection system being used by Renton. 4.9 Sanitary Sewer 4.9.1 Renton shall, according to the principles set forth in Section 4.1.5, install sewer main lines to support redevelopment, in coordination with the construction of Arterial Roads. [HOEING 11-24-03.dcc] 11/24/03 Page 13 4.9.2 Sewer main lines shall be installed consistent with the proposed plan provided by Renton's Department of Public Works, described on Exhibit. 8, attached. 4.10 Franchise Utilities Provision for Franchise Utilities must be made, in conjunction with installation of the Arterial Roads. Franchise Utilities and Owner shall bear the cost of any out-of- pocket design costs, extra trenching, conduit, sleeves or other installations to provide for Franchise Utilities. Owner and Renton agree to reuse existing assets, if both parties agree that such reuse is feasible. 5. Alternative Financing 5.1 Triggering Events . Should Renton be unable to timely fund public infrastructure improvements or should Owner or Boeing (if Owner is a non -Boeing entity) determine that it requires construction of all or a portion of public infrastructure for Redevelopment on a schedule more expedited than this Agreement provides, then, subject to the provisions of Section 5.1 hereof, the parties hereto agree that, Owner or Boeing may choose, at its sole discretion, to provide alternative financing for all or a portion of public infrastructure by one of the following means: 5.2 Potential Alternative Financing Methods 5.2.1 Owner or Boeing or some other party may build all or a portion of the Arterial Roads and other infrastructure improvements described in Section 4 of this Agreement and sell all or any portion of the public infrastructure to Renton or other applicable governmental authority pursuant to a .conditional sales contract, lease purchase or installment purchase arrangement or similar method, the effect of which shall be to cause the lease or purchase payment obligation to qualify as a promise to pay within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended. 5.2.2 Renton, or some other governmental authority, may issue revenue bonds if and to the extent that the property to be financed is to be included in a utility, system or similar enterprise with respect to which revenues are expected to be available for the ultimate repayment of the capital cost of such property. [BOEING 11-24-03.doc] 11/24/03 Page 14 5.2.3 Renton may issue such other or further debt or other obligations, including any tax increment obligations, which Renton is now or hereafter legally authorized to issue. 5.2.4 To the extent that any alternative financing may be structured in a manner which will permit nationally recognized bond counsel to opine that the interest on any obligation is excludable from gross income of the holder of any obligation for federal income tax purposes, then Renton and Owner or Boeing covenant and agree to cooperate in good faith to structure the alternative financing in such manner. 5.3 Repayment 5.3.1 In the event that Owner or Boeing exercises its right of alternative financing pursuant to Section 5.1, the parties shall cooperate in good faith to enter into an agreement, pursuant to which the parties shall identify any and all fees, user charges, revenues, taxes and other benefits which are expected to result directly or indirectly, either from the public infrastructure so constructed or acquired or from the transactions contemplated hereby, in order to determine the aggregate benefits to Renton and any other funds that Renton may obtain from other governmental authorities. 5:3.2 The parties agree that they shall, to the maximum extent not prohibited by .law, directly or indirectly allocate two-thirds (2/3) of such taxes, revenues and other. benefits identified in 5.3.1, over time, to pay amounts due with respect to alternative financing, or to reimburse Renton or related governmental authority therefor. To the extent that such benefits are not permitted by law to be directly allocated to pay debt service or similar obligations, the parties hereto agree that such benefits shall nonetheless be taken into account directly or indirectly in determining the total amounts of public resources which shall be allocated to repay such costs, so that the net benefits. resulting from the transactions and public infiwttucture are allocated or deemed allocated for such purposes, in a fair and equitable manner. It is further agreed that any costs of issuance of such public financings, any capitalized interest thereon or any similar fees and expenses shall, to the extent permitted by law, be included in the amount so financed and shall be similarly repaid. [BOEING 11-24-03.docj 11/24/03 Page 15 6. Vesting 6.1 Site -Wide Vesting to Comprehensive Plan, Zoning Use Tables, and Site Plan Process for Term of Agreement Upon signing of this Agreement, the Renton Plant Site is vested through the term of this Agreement to the Comprehensive Plan and Zoning Uselables, and Site Plan Process in place as of the date of this Agreement. 6.2 Additional Vesting to Development Regulations and Design Guidelines at Time of Conceptual Plan Approval 6.2.1 Generally Vesting to Development Regulations and Design Guidelines shall occur at the time of Conceptual Plan approval pursuant to Section 3.2 of this Agreement. Such vesting shall extend for three years from the date of Conceptual Plan. approval for Subdistricts I and 1B, and extend for five years from the date of Conceptual Plan Approval for District 2 ("Conceptual Plan Vesting Period"). Development Regulations and Design Guidelines may be extended beyond the Conceptual Plan Vesting Period if a materially complete application for master plan approval, pursuant to RMC, for all or a portion of the Conceptual Plan area is submitted to Renton prior to the end of the Conceptual Plan Vesting Period, in which case such vesting shall be extended as to duration and area only for the master plan area according to the terms of the master plan approval. 6.2.2 Vesting to Development Regulations and Design Guidelines for Subdistrict 1A Conceptual Plan The Subdistrict 1 A Conceptual Retail Plan approved pursuant to Section 3.2 of this Agreement is hereby vested for three years as provided by Section 6.2.1. 6.2.3 Additional Time Necessary to Finalize Non -Retail Development Regulations and Design Guidelines The parties acknowledge that non -retail Development Regulations and Design Guidelines will not be in final form as of the date of this Agreement. Renton shall consult with Boeing as it finalizes such standards and guidelines and make best efforts to submit such non -retail Development Regulations and Design Guidelines to City Council for adoption, no later than April 1, 2004. [BOEING 11-24-03.doc] 1124/03 Page 16 6.2.4 Changes to Applicable Land Use Policies and Regulations During any vested period, should Renton amend its Land Use Policies and Regulations, Boeing may elect to have such amended Policies and Regulations apply to Redevelopment; provided, that the Development Services Director must agree to such election, which agreement shall not be unreasonably withheld. Notwithstanding the foregoing, Renton reserves the authority under RCW 36.70B.170(4) to impose new or different regulations, to the extent required by the federal or state governments, or by a serious threat to public health and safety, such as changes or additions to the family of building and fire codes, as determined by the Renton City Council, after notice and an opportunity to be heard has been provided to Owner. 7. Additional Development Agreements May Be Necessary The parties agree that other development agreements, in addition to and following this Agreement, may be necessary to guide Redevelopment over time. That is, should all or a portion of District 2 be surplused, the parties anticipate that this Agreement would be supplemented by one or more additional development agreements, addressing issues such as open space, and new internal public and private road network and public facilities. For example, the parties anticipate that construction of additional water, sanitary and stormwater utility infrastructure, necessary for the Redevelopment of District 2, beyond that associated with the Arterial Roads discussed in Section 4, and which have been conceptually reviewed by Renton, as shown in Exhibits 6, 7 and 8, will be covered by firture development agreements, and that the cost of such will generally be the responsibility of Owner. In addition, the parties anticipate that District 2 Redevelopment will include Public and private open space amenities. Such amenities may include one or more contiguous parcels* that provide recreational amenities and public access to Lake Washington, create view corridors to Lake Washington and Mount Rainier, and serve as focal points for Redevelopment. 8. Marketing Information Boeing will generally share with Renton marketing information for Renton Plant Redevelopment efforts so that Renton will be informed about the marketing POEING 11-24-03.doe) 11l24/03 Page 17 process, and additionally, so that Renton can adequately respond to inquiries by prospective purchasers. 9. Potential Renegotiation Based upon changed or unforeseen circumstances, Renton or Boeing may request renegotiation of one or more of the provisions of this Agreement, which request shall not be unreasonably denied. 10. Termination of Moratorium Renton agrees that the Moratorium shall terminate or expire on December 2, 2003 or on the date that the Proposal takes effect, whichever occurs first. 11. 2002 Agreement This Agreement shall not be deemed to amend or supercede the 2002 Agreement, which remains in full force and effect. 12. Recording This Agreement, upon execution by the parties and approval of the Agreement by resolution of the City Council, shall be recorded with the Real Property Records Division of the King County Records and Elections Department. 13. Successors and Assigns This Agreement shall bind and inure to the benefit of Owner and Renton and their successors in interest, and may be assigned to successors in interest to all or a portion of the Renton Plant Site. 14. Counterparts This Agreement may be executed in counterparts, each of which shall be deemed an original. 15. Termination This Agreement shall terminate on December 31, 2020. AGREED this I st' day of )OaJ4� , 2003. [BOEING 11-24-03.doc] 11n4/03 Page 18 CITY OF RENTON By: Its Jesse Tanner Ma ATTEST: By: Bonnie I. Walton - Its City Clerk r vti Approv to fo SEAL, 9� City Attorney -"cuate+ �av-1, B G MP �rnrh,i►tita�n�"' By; Colette Temmink — ���..•��� Its: s ` ••'''gyp-� is t� IMce President ` ; if STATE OF WASH NGTON) ) ss. i W.L01 .- COUNTY OF )+t �. '°3s5`�'.•` b On this day of py 3, before me, the undersigned, a Notary Public in and for the State f Washington, duly commissioned and sworn, personally appeared tome known to be the person who signed as ' of the &L A'MIJI e corporation that executed theftforegoing �'n Mledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that _6hL was duly elected, qualified and acting as said -officer of the corporation, that 6hLZ was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. [BOEING 11-24-03.doe] 11/24/03 Page 19 IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year fast above written. ` : • .•••s•.•.. (Sign of Notary) • •. � ' (Print orstamp name of Notary) �'•.,;.�•° NOTARY PUBLIC in and fo=the to of Washington, residing at My appointment expires: Ci bi [B0FX4G Dev Agreement 11-24-03_docl 1 M4/03 Page 20 STATE OF WASHINGTON) ` ) ss. COUNTY OF ) On this _ day of �M p_bj, ., , 2003, before me, the undersigned, a Notary Public in and for the State of ashinoon, duly commissioned and sworn, personally appeared (, %� . to me known to be the person who signed as of THE BOEING COMPANY, the corporation that executed the vnlhin andforegoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that -— was duly elected, qualified and acting as said officer of the corporation, that was authorized to execute said instrument. and that the seal affixed, if any, is the corporate seal of said corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. -' '-:O,Sro& •ti o 00TAny : Luc IA30EING Dev Agreement 11-24-03.doc] (Signature of Notary) PMG'LA &- ��ns-�►� (Print or stamp name of Notary) NOTARY PUBLIC in and -fQr the State of Washington, residing at IVLLQVAL . My appointment expires: & 11/24/03 Page 21 LEGAL DESCRIPTION Tracts A, B, C, D, E, F, G and H located in Sections 5, 6, 7 and 8, all in Township 23 North, Range 5 East, W.M., described as follows: TRACT A (Tax Parcel Nos. 082305-9019, 082305-9209 & 722300-0105 - portion) Parcels A and B of City of Renton of Renton Short Plat No. 093-89, according to the short plat recorded under King County Recording No. 8911149006, records of King County, Washington; TOGETHER WITH that portion of the northwest quarter of the southwest quarter of said Section 8, lying southerly and easterly of Parcel B of said short plat and westerly and northerly of Park Ave N, and N. 6 h St., respectively. TRACT B (Tax Parcel No. 756460-0055) Lots 1 through 13, inclusive, Block 11 of Renton Farm Plat, according to the plat thereof recorded in Volume 10 of Plats, page 97, records of King County, Washington; TOGETHER WITH Lots 1 through 12, inclusive, of Sartorisville, according to the plat. thereof recorded in Volume 8 of Plats, page 7, records of King County, Washington; EXCEPT that portion known as Lot 3 of City of Renton Short Plat No. 282-79, according to the short plat recorded under King County Recording No. 7907109002, records of King County, Washington; and EXCEPT roads. TRACT C (Tax Parcel Nos. 722300-0115 & 72230OL0105 - portion) Blocks 3 and 4 of Renton Farm Acreage, according to the plat thereof recorded in Volume 12 of Plats, page 37, records of King County, Washington; TOGETHER WITH those portions of the alley vacated under City of Renton Vacation Ordinance Nos. 3319 and 4048 and the street vacated under City of Renton Ordinance Nos. 3319 and 3327 as would attach by operation of law; and TOGETHER WITH that portion of the northwest quarter of the southwest quarter of said Section 8 lying southerly of the southerly right of way margin of N. 8 h St, easterly of the easterly right of way margin of Park Ave N. and north of the south 315 feet thereof. TRACT D (Tax Parcel Nos. 082305-9220, 082305-9221, 082305-9222 & 082305-9011) Lots 1, 2, 3 and 4 of City of Renton Short Plat No. LUA-01-056-SHPL, according to the short plat recorded under King County Recording No. 20011205900004, records of King County, Washington. TRACT E (Tax Parcel Nos. 082305-9037, 082305-9152, 082305-9079, 082305-9204) Those portions of said Government Lots 1 and 2 of Section 7, lying within the abandoned Burlington Northern Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line) and northerly of the northerly right of way margin of N.6m St.; TOGETHER WITH said northwest quarter of the southwest quarter of Section 8, lying northerly of the northerly right of way margin of N. 6m St and westerly of the westerly right of way margin of Park Ave N.; EXCEPT City of Renton Short Plat No. 89-093, as recorded under King County Recording No. 8911149006; and EXCEPT that portion of said northwest quarter of the southwest quarter lying southerly and easterly of said short plat; and TOGETHER WITH those portions of said Government Lots 1, 2 and 3 and the southeast quarter of the northwest quarter of Section 8, lying westerly and northwesterly, respectively, of the westerly right of way margin of Park Ave N. and the northwesterly right of way margin of the North Renton Interchange (SR 405), westerly of a line that intersects with said northwesterly right of way margin of the North Renton Interchange, said line being described as beginning at Station 6+50 on the A -Line of the North Renton Interchange, SR 405, as shown on Sheet 2 of 5 of PSH 1 (SR 405) North Renton Interchange, Washington State Department of Transportation Right of Way Plan, and ending northwesterly, perpendicular to said Station, at a point on the southeasterly margin of the 100 foot main track of Burlington Northern Railroad, easterly and southeasterly of the northwesterly right of way line of the abandoned Burlington Northem Railroad right of way (formerly Northern Pacific, Lake Washington Belt Line); EXCEPT from said abandoned railroad right of way that portion lying northwesterly of a line described as follows: Beginning at a point 50 feet southeasterly, measured radially and at right angles to the centerline of the Burlington Northern main track as now constructed, from Survey Station 1068+00, said point being on the southeasterly right of way margin of the 100 foot wide right of way; Thence northwesterly along said radial line a distance of 25 feet; Thence southwesterly in a straight line to a point 25 feet northwesterly, measured from the southeasterly right of way line at Station 1074+00; Thence continuing southwesterly at an angle to the right, to a point on the northwesterly margin of the 100 foot Burlington Northern Railroad right of way, said point also being on the southeasterly line of the Spur Tract at Headblock Station 8+85.5 and the end of said described line: and EXCEPT that portion of said Government Lot 2 described as follows: Beginning at an intersection of the southeasterly right of way margin of said Burlington Northern Railroad and the northwesterly margin of vacated Mill St (Park Ave N.) per Vacation Ord. 2513; Thence southwesterly along said southeasterly margin of the railroad right of way, a distance of 60 feet; Thence southeasterly, at right angles to said railroad right of way, a distance of 10 feet, more or less, to a point on the northwesterly right of way margin of said vacated Mill St (Park Ave N.); Thence northeasterly along said Mill St. to the point of beginning: TOGETHER WITH portion of Vacated Lake Washington Boulevard adjoining. TRACT F (Tax Parcel Nos. 072305-9046 & 072305-9001 — portion) That portion of the SE 1/ of the SE'/a of said Section 7, lying southerly of N. 6`h St., westerly of Logan Ave N., easterly of the Cedar River Waterway (Commercial Waterway No. 2), and northerly of that certain tract of land conveyed to the Renton School District by Deed recorded under King County Recording No. 5701684. TRACT G (Tax Parcel No. 072305-9001 & 082305-9187) That portion of said NE 1/ and SE 1/ of Section 7, NW 1/ of Section 8, SW 1/ of Section 5, and the SE 1/ of Section 6, lying north of N. 6" Street, easterly of the Cedar River Waterway (Commercial Waterway No. 2), westerly and northwesterly of the westerly right of way line of the abandoned Burlington Northern Railroad (formerly Northern Pacific, Lake Washington Belt Line) and northwesterly of the northwesterly line of the railroad spur track beginning at Headblock Station 8+85.5, westerly of Lots "A" and `B" of City of Renton Lot Line Adjustment No. LUA-98-176-LLA as recorded under King County Recording No. 9902019014, and southerly of the Lake Washington Inner Harbor Line; EXCEPT Logan Ave N. TRACT H (Tax Parcel No. 072305-9100) That portion of the Burlington Northern Inc. (formerly Northern Pacific Railway Co.) 100 foot railway right of way in said SE 1/ of Section 7 and SW 1/ of Section 8, lying north of the northerly right of way margin of N. 4"' Street and southerly of the southerly right of way margin of N. 6"' Street. All situate in the City of Renton, King County, Washington. ME v'G" N 6th St. T" "H" Economic Development, Neighborhoods& Strategic Planning Alex Pictsck AdministratorG. Dot Rosario(8 5 Docembcr 2003 "D" N 8th St. N 6tH St. MEN MM 5� NO a; �10 ==P.% I w Is JiME For MEN:: &MM-4 11 m MM C"m St. -MM MMNMI=MM use i I W-50 i KIM WN N 4th 1 f 1200 I600 1 :7200 I 4e 1 11040 11 NORTH 97 OF AO AREA RE l / ID-90 PARCEL COUTH 947,946 OF 19.47 AD [A I LOT 3 AC NORTH 4,02 OF 12 A ` :.� �,, ,. K �AAlLOT9 CO Iri TL -i -Ci LEGEND ej 0 PROPOSED R.O.W. ROADWAY COORLMO TO L SUPPORT MDMW IA ROADWAY CONSTRUCMN To — ------ SU"Off SVIR)WRICT 10 ZOOM ROADWAY 0016MUCIM To sum" D37M 2 LJ ROADWAY SEGMENT I L SEano" Loomm Ll 11v e.31 I ri Q NOTES I- AM IS AVML= FOLLOWING REAUCHNIENT or PARK scaC yt MET AVENUE, AREA VOWN IS INCLUDED IN TOTAL AREA PLAN VIEW CALCUAMON rOR AREA A LOT 3 NORM. sc&c I-. 4W.-0. PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 2 (FULL BUILDOUT) EXHIBIT 2. TYPICAL. SECTION' t PARK. AVENUE NORTH EXHIBIT 2A FROM PROPOSED LOGAN ;AVENUE TO NORTH. 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE 40' 00VINO ROADWAYTRAFFIC 14' EkIII11N0 11' NEW 14' EXISRNO ROADWAY 10 MEDIAN/ ROADWAY TO a BE R[VSEO IANf OEREVEED CURE AO CURB AND OVTTER .CUTTER IOEWALK B' PARKING 12' MEDIAN/ 12' AFF1 iRAFFI E' 6.5' TREES LANE TURNING LANE LANE LANE PARKING G WITN CRATESS.E' TREES 9, 10S' WITH CRATES SIDEWALK, RIGHT OF WAY WO UTILITIES FULL BUILDOUT SCALE: e • NOTE1 i SECTIONS ARE, DRAM IN ACCORDANCE•WITH THE C KING COUNTY ROAD STANDARDS AND THE CITY OF onsulting Engineers RENTON STREET STANDARDS 101 Stewart Street Suite 800 ALL ROADWAY SECTIONS ARE ILLUSTRATIVE Seattle, Washington 98101 (206) 382-0600 Fax (20,6) 382-0500 10 NOVaSER 2003 E»>ID TYPICAL SECTION .2: PARK AVENUE SOUTH FROM NORTH 8TH STREET TO NORTH 6TH STREET 4 LANES OF TRAFFIC WIN A MEDIAN/TURNING LANE I 79' VOSTINO PARK 101UE RIONT OF Wo IV t) "NO tt' NtW 10ADWAY TO MtD1AN/ vC RLV= TURNING LANC o09TINO TO OC R1 GUTTER — (rep.) A mAmJL 1 O 1Y IV 12' aN[ 1�tC MEDIAN/ TRIA►FIO 131 — TURNINO LANE ANC LANC WITH ORATCS TRECS WITH 01 1' RIQNT 0i WAY 1NDT11 81 16' 32' FULL BUILDOUT SCALE: 1 "- 16' NOTE; SECTIONS ARE DRAWN IN ACCORDANCE WITH THE KING COUNTY ROAD STANDARDS AND TI-E CITY OF RENTON STREET STANDARDS. ALL ROADWAY SECTIONS ARE ILLUSTRATIVE IU, NCW ROALAN03CA tp tl CONSTRUCTION EXHIBIT 2B 6=40 Consulting Engineers 101 Stewart Street Suite 800 I Seattle Washington 98101 (206) 382-0600 Fax (206) 382-0500 10 NOVSeER 2003 I TYPICAL SECTION: 4: LOGAN AVENUE S LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE b' BICYCLE LANES ON EACH 61DE OF. ROADWAY FULL BUILDOUT SCALE: 1 "-16' NO SECTIONS ARE DRAWN IN ACCORDANCE `WJTH THE KING COUNTY ROAD STANDARDS AND THE CITY OF RENTON STREET STANDARDS ALL ROADWAY SECTIONS ARE ILLUSTRATIV- EXHIBIT 2C Consulting Engineers, 101 Stewart Street. Suite 800 Seattle, Washington 98101 (206) 382-0600 Fax (206) 382-0500 10 NOVEMBER 2003 TYPICAL SECTION 6: NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIANITURNING LANE 0 8' 16' 32' SCALE: 1 "-16' -FULL BUILDOU•T NOTE; SECTIONS ARE DRAWN IN ACCORDANCE WITH THE KING COUNTY ROAD STANDARDS AND THE C17Y OF RENTON STREET STANDARDS, ALL ROADWAY SECTIONS ARE ILLUSTRATIVE EXHIBIT 2D Blow i Consulting Engineers 101 Stewart Street suite 800 Seattle, Washington 98101 (206) 362-0600 Fax (206)' 382-0500 10 NOVEMBER 2003 n • TYPICAL SECTION ,& NORTH 10TH STREET 4 LANES OF TRAFFIC WITH -A MEDIAN/TURNING LANE EXHIBIT 2E PULL SWLDOUT 0 8' 16' 32' SCALE: 1 "-16' NOTE: SECTIONS ARE DRAWN IN ACCORDANCE WITH THE KING COUNTY ROAD STANDARDS .AND THE CITY OF RENTON STREET STANDARDS ALL ROADWAY SECTIONS ARE.ILLUSTRATIVE Consulting Engineers 101 Stewart Street, suite Boo Seattle, Washington 98101 (206) 382-0600 Fax (206) 382-0500 10 NOVEMBER 2003 EXHIBIT " 5 '° BOEING, CONCEPTUAL URBAN RETAIL PLAN Renton, Washington Submitted to the City of Renton November 17, 2003 CONCEPTUAL URBAN RETAIL PLAN Lot 3 and 10-50 Sites Renton, Washington Background The Boeing Company has been working with the City of Renton for more than a year in evaluating potential redevelopment strategies associated with its 737 facility in Renton, Washington. This Conceptual Plan illustrates the. Boeing COmpany's vision for the redevelopment of the first piece of the Renton Plant to be made available for non -industrial uses. The Plan includes that portion of the property commonly referred to as the Lot 3 and 10-50 sites, which have been determined to be non- essential to the ongoing airplane manufacturing activities as Boeing completes it's "Move -to -the -Lake' consolidation plan. The Plan covers approximately 53 to 55 acres of gross land, of which approximately- 8 acres are reserved for the development of four new arterial streets that are essential to the ultimate redevelopment of the entire 280=acre campus. The. remaining 45 to 47 acres of land will be marketed to entities interested in developing an integrated retail center on the site, consistent with this Conceptual Plan. Included within this submittal are a narrative description of Boeing's proposal, a Conceptual Planning Diagram with supporting pedestrian street sections, and an economic benefit analysis demonstrating a range of potential one-time and recurring revenues generated by the proposed development. Boeing seeks the City's approval of this Conceptual Plan so that Boeing can complete the necessary lot line adjustments and begin actively marketing the property to local, regional and national developers and users. The aerial on the following page highlights the location of the proposed retail site in relation to Boeing's remaining land holdings -and the surrounding North Renton neighborhood. Conceptual Urban Retail Plan Boeing believes that high -quality retail development is essential to the successful transition of the area from its industrial roots to the City's vision for the Urban Center -North. A well -designed retail center will provide employment, diversify the economic base, offer a new source of municipal revenue, and will attract other alternative and potentially higher and better uses to the surrounding area. The Conceptual Plan for the Lot 3 and 10-50 sites, located on the following page, illustrates the cohesive redevelopment of the parcels into an urban retail center. The Plan contains a mix of large format "destination" retailers, mid -sized retail anchors, as well as small shop space concentrated along Paris Avenue, envisioned as the significant pedestrian -oriented street in the area. The Plan responds to the presence of the existing Fry's building on the property to the east of Garden Avenue, and anticipates that ultimate redevelopment of the northern portion of that site will relate directly to the development occurring on Boeing's property. The site Is bound 'by a combination of existing and new public roadways, which segregate the property Into four quadrants ranging between 6 and 19 acres in size. Boeing is seeking buyers for the 45- to 47-acre property to undertake a cohesive redevelopment. Generally, the large format retail development (users with footprints of 50,000 square feet and larger and building feature heights up to 45 feet tall) is planned to occur along 8a', Logan and Garden Avenues, facing inward and supported by well -organized parking areas internal to the site. These destination retail uses will naturally locate themselves along the widest portions of the property,, with good freeway visibility, much like the recently completed Fry's development on the eastern side of Garden Avenue. Medium format retailers (ranging between 10,000 and 50,000 square feet In area, with building feature heights up to 40 feet tall) are assumed infill between the large format tenants, with primary pedestrian entrances facing inward or directed toward Park Avenue. Again, parking Is assumed to be concentrated within each segment of the site, to allow for potential "second -generation' redevelopment at higher densities, if achievable. The northwest quadrant of the property is Identified as one potential location for a mid- to high-rise development, which could take the form of a multi -level podium parking structure, with multifamily residential or office uses above. This ultimate development could initiate the truly urban vision for the area and, together with pedestrian scale treatments at the comer of Paris and Logan, would identify this as the "gateway' to the Urban -Center North. Small, specialty retail shops and amenities would be concentrated primarily along Park Avenue. The scale of development Is more intimate here, with an eclectic mix of uses, architectural styles and gathering places. In some instances, single story F retail uses may be topped with one to three levels of apartments or professional office uses, all overlooking Park Avenue and the activity a" the street edge. Together, the large- and medium -format users total approximately 450,000 square feet of space; the smaller shop space totals approximately 110,000 square feet, or 20% of the center. 2 CONCEPTUAL URBAN RETAIL PLAN Potanifcl gviawoy olomenf Ptipue H 1",Skeet 0 CONCEPTUAL PLANNING D AORAM FULLER-SEARS�•����� ARCHITECTS Hierarchy of Streets Key to the successful development of the property is the reconfiguration and Improvement of Park Avenue to serve as a critical pedestrian -oriented street in the project. To accommodate full redevelopment of the Renton Plant properties, the ultimate build out of Park Avenue will need to allow for four travel lanes and a center turn lane, designed for vehicular travel up to 35 miles per hour. To support the vision for the development of an urban retail center in this location, a generous sidewalk with street trees and on -street parking for Park Avenue is being proposed to enhance the environment In the public realm and encourage people to make Park Avenue a pedestrian street. An illustrative street section for Park Avenue can be found on the following page. The other major north -south connection is Logan Avenue, which extends from 60' Avenue to the south and joins Park Avenue in the north. The construction of Logan, providing direct access to I-405, will be an important alternative through connection to ensure Park Avenue functions as a pedestrian -oriented shopping street. At the outset of redevelopment in the area, Logan is envisioned as a three -lane street, with one travel lane in each direction and a center -turn lane. Ultimately, Logan will expand and function even more so as a higher -speed arterial. The east -west arterial roadways, 10tl' and a Avenues, are less critical to the successful development of the urban retail center, other than serving as access points to the center off of Park Avenue. Connections from 10"' and a to Logan Avenue, if constructed, would be favorable, -but the center would function as well with access only off of Park, the existing leg of 8a' and Garden Avenues. Urban Center —North Vision and Policies This proposed Conceptual Urban Retail Plan meets many of the City's vision and policy statements for the Urban Center -North, which call for "retail integrated into pedestrian -oriented shopping districts" and recognizes that: "At the beginning of this transition, uses such as retail —may be viable without the office and residential components that ultimately will contribute to the urban character of the district." The City's vision plans for the transition of the area over a 30-year horizon and anticipates that redevelopment will need to addressthe potential for future infill to allow areas to further grow to urban densities. This site is located within District 1, where the City identifies its first objective as follows: "Create a major commercial/retail district developed with uses that add significantly to Renton's retail tax base, provide additional employment opportunities within the City, attract businesses that serve a broad market area and act as a gathering place within the community." Boeing's Conceptual Urban Retail Plan seeks to both allow for the near -term redevelopment of Boeing's underutilized assets while advocating for a mix of uses that improves the City's tax and employment base. As is illustrated within the attached economic benefit analysis, more than 1,300 jobs would be created in the City of Renton by a redevelopment of this scale. The City would collect more than $1.2 million in one-time revenues during development and the City would receive over $1.5 million in annually recurring tax revenues at full build out. Summary Boeing believes that its Conceptual Urban Retail Plan illustrates the optimal development plan for this 45 to 47 acres of land In North Renton. The Plan offers the opportunity to contribute to the transition of the area from a primarily industrial neighbotiwod to a higher Intensity and range of viable uses, providing both jobs and a significant source of new revenue to support the Ctty's objectives for the area, � � � � � � \ . h SUMMARY - CITY OF RENTON ECONOMIC BENEFITS Retail Redevelopment on Part of Boeing s Renton Plant Site Economic benefits to the City of Renton of re -developing 46 acres of the Boeing Renton, Washington plant site follow. Derivation of these benefit estimates is based on a set of realistic assumptions that correspond to development of 451,000 square feet of retail big/medium box space and 110,000 square feet of retail shop space. ➢ At full absorption of the above 561,000 square feet of retail space on a redeveloped portion of the Boeing Renton plant site; it is: estimated that 2,197 permanent jobs would be created throughout the region. ➢ Of this total, a projected 1,132 direct jobs would be -created at the targeted 46- acre Boeing Renton site plus 266 additional indirect jobs within the City of Renton, assuming a 25 percent capture rate. ➢ It is estimated that these 1,398 direct and indirect jobs in the City of Renton would generate an additional $45.4 million in recurring :annual income earned -inside the City once full occupancy of this -new retail space occurs at the Boeing Renton plant site. ➢ The corresponding increase in property values by redeveloping this 46-acre portion of the Renton Boeing site into retail uses is forecast to total nearly $66 million upon completion in 2009. ➢ The increase in annually recurring tax revenues to the City of Renton at full build -out is estimated -at over $1.5 million starting in 2009. This is in addition -:to over $1.2 million in one-time City revenues collected ..duringJand redevelopment and the construction of 561,000 square feet of retail space on a part of the Boeing Renton plant site during the 2004-2008 period. 11/13/03 REAL ESTATE EcoNOMICS The data and calculations presented herein while not guaranteed, are obtained from sources deemed reliable. $50.0 $40.0 0 0 $30.0 w 0 _ $20.0 0 $1,800 1! $1,600 !a $1,400 p $1,200 v- 0 $1,000 c $800 q $600 a t $400 $200 $0 NEW JOB ANNUAL INCOMECREATED IN 2009 With Project Without Project 2003 2004. 2005 2006 2007 2008 2M 2010 2011 2012 2013 ® Land Dev. ■ Building Dev. ■ Pennanent Taxes CURRENT ZONING SCENARIO REAL ESTA lE ECONOMICS With Profed I wNsout ,fobs Z197 wxv^k - noors $ e0 foPer1Y Market Vakm - nOons . t 97.74 $ 31.75 Selected State Revenues - n Uk= 10.47 $ 0.114 NEW PERMANENT JOBS CREATED BY 2M ZSW 2,197 2A00 1,soo l Aw wo Wkh ProJact wmww Project NEW JOB ANNUAL INCOME IN 2M $90 =ao t76' S. _< $44 s a1a s- wuh Project withow Projod R.nbn u.ban vw.o.-f -Fwja. I ul3w paw t The deh Waelaiklion�peµdeElain wMle notpwnidrQ ifw�ultitrC lean�ovucCcit e0b WtWbb. PEAL ESTA7EE ONOYC3 Char NEW STATE TAX REVENUES :tt.00 iw.oe p.a z o $Sm s� aa. o. 2m Zoos 2M Zoos soar 2m 2M 20H 2"1 "U ms ■ Land DW. Taxes ■ BuMng Dev. Taxes O PumanaM Taxes Renbn urban vmwge P-FM A 1vi3w P"s 2 The" erdcWDAmr sP—wd*dhwoimwie notgw*wct to beenebwrdb—bo6—dbberalsb6. AFALESTA/EL-NOW3 . Assumptions Total buildable redevelopment land area--ner acres 45.68 Heartland Tots! buildable redevelopment land area--*mr sq. ft 1,989,821 Heartland Land Development ' Land Development ConstnIctlon Costs Land improvement duration - S 14,314,177 Heartland years Percent design & management 1.0 REE/ Heartland Percent construction labor 101.0 10.0%REE Percent materials REE Building Development Parameters 54.0% REE Change in assessed value Percent design and management --commercial S 65.996.257 From AV estimates Percent construction labor - commercial 10.0% 36.0% REE REE Percent construction materials & services - co nmercial 54.0% REE Blting multiplier for design and management 2.5. REE Billing multiplier for construction 2.0 REE Property development duration - Years 4.0 Heartland .Retall-BWMed Box Gross square feet of Fetal space 461.000 Heartland Load factor-retal space 5% Heartland Biding construction cost /sq.ft.-retal space S 120 Heartland Sq ft per employee - big box retail 600 REE Retal sates per sq. fL-big box retail 275 REE ROUR--Shop Spate Gross square feet of retail space 110,000 Heartland Load factor-retal space 5% Heartland Bu&*v construction cost /sq.ft.-fetal space $ 130 Heartland Sq It per employee -Strop Space 250 REE Retail. sales persq.ft. 250 LU 3 REE ECONOMIC ASSUMPTIONS Indirect JobsMMWw for recxxring )obs 1.941 REE Indired jobs multiplier for land development construction jobs 2.486 _ REE Indirect jobs n'Aprw for filer cornlructionr jobs 7-667 REE Share of indirect jobs capered by Renton 25% REE Share of indirect Income captured by Renton 25% REE "VCo• esL average FTE wage for dtred ramring Fetal jobs or"ite $30.000 ESD & REE KM Co. average annual wage for all indirectjobs $43,000 ESD 8 REE King Co. average annual wage for project desigrt/management $66,000 REE Average annual wage for one-tlme constructionjobs .. y-- ---�- - - $49,000 FLEE anprovea tarty as 790 total assessed value of redeve& Real estate turnover rate Total assessed value of'extstlV reuse property land 'Model results we not guaranteed, but are based on s 10.0% REE 16,648,400 lHew Renton Urban village-P—FINA. i in3/03 Page1 71ia oete o"d wta a6 Dr—� herein Wt+* aofl p—anleW. have Deer obtakred kmwucm believed to to reliable. REAL ESTATE ECONOSOCS Summary - One-time Land Development One-time Building Development 2005-2008 Recurring in 2009 JOBS Direct Jobs Indirect Jobs Total Jobs 61 91 73 122 1,132 1 065 153 196 2,197 INCOME Direct Income Indirect Income Total Income $ 3,149,119 3,922,789 $ 15,052,400 21,034.316 $ 33,962,500 45,807,488 $ 7,071,908 $ 36,086,716 $ 79,769,988 PROPERTY VALUE INCREASES Not applicable Not applicable $ 65,996,257 TAX BASE INCREASES Assessed Valuation Retail Sales Real Estate Sales Gross Business Receipts $ $ Not applicable 12,882.759 Not applicable 14,314,177 $ $ $ Not applicable 61,578,000 97,742,857 68,420,000 $ $ $ $ 65,996,257 143.948,750 6,599,626 143,948,750 SELECTED TAX REVENUE INCREASES (Property, sales, B&O and real estate) State Taxes $ 1,189,652 $ 5,143,454 $ 10,356,729. Local Taxes City of Renton —property 10()% in city $ 245,167 $ 959,786 $ 1,554,562 0% in coup $ 17,392 $. 83,130 1 $ . 95,695 Renton Urban Vigage-P—f1NA 11/13/03 page 1 The date and caluuWww presented herein WhIe not guaranteed. tree twee obtakied trove sources berwved to be rertaW. REAL ESTATE ECONOMICS Business Receipts Land Use Net Retail Sales Annual Annual Sgft per sgft Retail Sales Employment Gross receipts Retail--B~ Box 428,450 $ 275 $ 117,823,750 714 $ 117.823.750 _Reta"hop Space 104,500 $ 250 $ 26125,000 418 $ 26,125,000 TOTAL 532,950 ;143,948,750 1,132 $143.948,750 Renton Urban VIlage-P--FIN-d,11113/03 page 1 The data and cala,tati«a presented herein while not puarardead, nave been obtained Gan sources believed to be n Aable. REAL ESTATE ECONOMICS Real Estate Sales Retail Sales Gross Business Receipts Taxbases One-time through Land Development $29,322,857 $ $ 12,882,759 $ $ 14,314,177 $ One-time Building �lgpnwmt 2005 that 2008 On-OnOn-Onq at 2009 $ 65,996,257 97,742,857 $ 6,599.626 61,578,000 $ 143,948,750 68,420,000 $ 143,948.750 Renton Urban Ydlage-P—FINad. 11/13W page 1 The dale end alaulaSons presented herein while not yearardeed. have been obtained kom souroes be%VMd to be felaW. REAL. ESTATE ECONOMICS Assessed Valuation Start Year 2005 I*M Y Land Sq Ft Cost JSq Ft Value/Sq Ft of Total Lund AV Retail—BiglMed Box 451,000 $ 120.00 $54.120,000. 30% $23,194,286 577.314286 ReWA-Shop Space 110,000 $ 130.00 $14,300.000 30% $6.128.571 S20 428 571 SUBTOTAL S 68,420,000 529:322,857 •$97.742,W Less existing land valuation $ Lass existing Wpevemeat vau(76,548,400 aWn (15.198.200) TOTAL INCREASES 661,000 S fi5 99R x� Renton Urban Wage-P—FIN.A.11113W Pap I The data and Calorie — preeenied herein WNS not Vw m*od. have bin obUkm from sources bo&w d to be reliable. REAL ESTATE ECONOWCS Start Year 2005 Commercial New SgFt Per Net Gross Retal—BgMed Box 714 600 428,450 451.,000 Retail —Shop Space 418 250 104,600 110,000 TOTALS 1,132 532.950 561 (M Renton Urban YMage-P—FtNjd.11113M Page i The data and caWetions presented tww ride not guaranteed, have been obtained ftm Smcm b"wed to be ieWe. REAL ESTATE ECONOMICS Onetime Jobs Item From Development Of Land From Development Of Build' s PROFESSIONAL JOBS Design and management costs $ 1,431,418 $ 6.842,000 Average salary $ 65,000 $ 654000 Billing multiplier 2.5 2:5 Professional job years 9 .42 Total professional wages $ 572,567 $ 2,736,800 Annual professional wages $ 572,567 $ 684,200 Project duration in years 1 4 Professional jobs created 9 11 CONSTRUCTION JOBS Construction labor costs only $ 5.153,104 $ 24,631,200 Average salary $49,000. $49,000 Billing multiplier 2.0 2.0 Construction job years 53 251 Total construction wages $ 2,576,552 $ 12315,600 Annual construction wages $ 2,576,552 $ 3,078,900 Project duration in years 1 4 Construction jobs created 53 63 Total Equivalent New Jobs .61 73 Annual Wage Income for New Jobs 3,149,119 3,763,100 Total Wage Income for New Jobs $ 3,149,119 $ 15,052;400 Renton Urban Vipag-P—FIN.x1,11113/03 Page 1 The date aril ce1a+l JOM presented herein %M* not yta,renteed, hove Dean *bW: od tom sources De6vmd to be mk"e. REAL ESTATE ECONOMICS Recurring Revenue WA State i 2009 2002 Maxbmm 2009 Recurring revenues Tax Base Tax Rate Revenues Prop" Tax $65,996,257 $3.6000 $237,587 Sales Tax $143,948,7SO 6.50% $9.356,669 B & O Tax' $143,948,750 OA71% 5677,999 Real Estate Transfer $6,599,626 1.28% SPA A719 King Cour" R revenues 2009 Tax Base 2002 Tax Rage 2009 Revenues SKY Tax $M,996,257 $1.4500 $%,695 Sales Tax. $0 1.00% $0 B & O Tax $O 0.00% . i0 Real Estate Transfer $0 0.50% ;0 TOTAL $95,6951 COY of Renton Recuffina revenues 2009 Tax Base 2002 Tax Rate 2009 Revenues Property Tax W,996,257 $3.3500 $221,067 Sales Tax $143,948,750 015% s1,223,S64 B & O Tax $143,948,750 0.00% =0 Real Estate Transfer $6,599,626 0.50% $M,9w Head TaW 1,3981 $55.00 $76 912 TOTAL $1,554,562 1 u Me ror r u=ng - i Renton Urban Ydlage-p—FINx1,11/13P03 Page 1 The data and cafaitaWm presented herein while not guwenteed, have been obh*wd rom sources bokved to be reiable. REAL ESTATE ECONOM= Onetime Revenue WA State Land Day. Budding Dev. 2002 Tax Land Dev. Bufkang pev. One time revenues Period Tax 8ase Tax Base Rabe Lea Revenuas R Sales Tax $ 12,882,759 $ 61,578.000 6.50% 10.00% $753,641 -S 3,602,313 B & O Tan' $ 14;314,177 $ 68,420,000 0.471% 10.00% $60,676 $ 290.032 Real Estate Transfer S 29 322 857 $ 97742,857 128% 0.00% $375 $ TOTAL 1 1109 $1,189,652 S 5,143,454 g County Land Dw. Building Dev. 2002 Tax Lend Dev. ti One me revenues Period Tax Base Tax Base Rage -Soles Tax $ 12,882,759 $ 61,578,000 0.15% 10.00% Revonues SiT,392 S R"enu 83,130 B 6 O Tax $ 14,314,177 $ 68,420,000 0.00% 10.00% $O = Real Estate Transfer $ 29,322,957 S 97 74 857 0.00% 0.00% $0 S . TOTAL $17= 1 S 83.130 City of Ramon Land Day. - Building Dw. 2002 Tax Land Dev. Building Dw. One time revenues Period Tax 8sse Tax Base Rate Leakage Revsnu"Sales Revenues Tax S 61.578,000 0.85% 10.00% $98,553 $ 471,072 B & O Tax $ 14.314,177 S 68,420.000 0.00% 10.00% ip $ Real Elate Transfer = 29 322,857 S 97.742)367 _ 0.50% 0.00% $W 614 i 714 TOTAL $245,167 1 i 859.786 'Wa State Li60 Tau tarty fr r.&nm.... Renton Urban V41age-P—HKA,11113103 paw 1 The data end cafade — pr—ftd herein *a. trot guaranteed, have been obtabted k—sources berared to be reliable. REAL ESTATE ECONOMICS Boeing CPA - Estimated Cost for Water tnfrastruoture improvements 10/16/03 Phase 1 Location 1 Park Ave N. 2 N. 8th St. extension 3 Logan Ave N. 1- Pressure reducing 4 station at West Hill Pump 5 N. 10th St. Subtotal 1 to 4 Phase 2 6 Logan Ave N. 7 N. 10th St 8 N. 10th St 2 -Pressure reducing 9 stations at Highlands 3-200 ft water stubs to 10 properties west of Logan Subtotal 6 to 10 Cost without Length Cost with street street restoration From To in ft. restoration ** Garden Ave N. N. 8th St 2000 $ 500,000 $ 459,500 Park Ave N. Logan Ave N. 1300 $ 325,000 $ 298,675 N. 8th St. N. 6th St. 1300 $ 325,000 $ 298,675 $ 200,000 $ 200,000 Park Ave N. Garden Ave N. 650 $ 162,500 $ 149,338 $ 1,512,500 $ 1,406,188 Garden Ave N. N. 8th St. 2700 $ 675,000 $ 620,325 Houser Way Garden Ave N. 900 $ 225,000 $ 206,775 Park Ave N. Logan Ave N. 950 $ 237,500 $ 218,263 $ 200,000.00 $ ' 2001000.00 60.0 $ 150,000 $ 137,850 $ 1,487,500 $ 1,383,213 Total 1 to 10 $ 3,000,000 $ 2,789,400 Future Reservolr In Kennyda/e 320-zone $ 5,000,000 $ 5,000,000 *" Note: Cost excluding street patching for 6 ft wide x 6" thick asphalt patch over water line trench within streets where new water lines will be installed - Asphalt cost estimated at $90/ton I/Abdo ul/b oeing/boein g-infrastructure-cost-est.01.xis-10/6/03 Exhibit 6A 0 PHASE 1 PHASE 2 NEW 12" WATERUNES.AND STUBS $2.6 MILLION (t 10.400 Fro s250/M PROPOSED WATER MAIN IMPROVEMENTS FOR - $40( 1PRV RENTON PRESSURE OAIRPORRT REDUCINGATIONS 000BOEING CPA DEVELOPMENT AGREEMENT 2 PRYS IN HIGHLANDS NOT SHOWN ON MAP) SEPTEMBER 2003 Fri X H to H m C I BUD.00-1fMjjnBN101 '+^ro waN �n^a/b�wme/b�rv�ad �... — nw ie ea w •ax S1t�3W3AOHdW1 831VMV48O1S 03SOdOHd , _ L 1 I S I H X xorriHX 1N3W(3N3WV NVId 'dWOO N..3HIN13O8 d0 A-UZ) Boeing Comp. Plan Amendment Phase I Stormwater System Improvements - Option S Storm ROW ROW Length of . Cost Water Quality Water Tetal Cyst 1 - - 60C John's Creek to N 10th St �•o•••o.. 12" laterals wn u, kitj 1 800 rrea ar 284 800 Laterais tt 891 $ Facillty # Quell $ wlout Restoration 2 BOC N 10th St to N 8th St New 24" &.12" laterals 1.1010 161,700 422 $107 141 $307 482 1 1 $240 534 $347 675 3 BOO N 8th St to N eth St New 24" & 12" laterals 1 200 178,400 461 $336 419 1 $146 993 $180 358 $454 475 775 4 Park Ave N BOC to N 101h St 12" laterals 670 69010 397 $61 479 1 $62 733�$495 5 Park Ave N N 10th St to N 8th St 12" laterals 840 86520 497 $77 078 1 $78 6516 N 10th St Park Ave N to GardenAve N New 18".& 12" laterals 685 59 595 406 $192 994 2 TM.1 aloe o.,V ene $54175 • BOO ■ Boulevard of Champions (Logan Ave) Assume ROW 90% impervious, 10% landscaping. Assumed costa Include permitting, engineering, design, Materials, ' construction, and Inspection of pipe, cbs, backftil, eta Assums half -width improvements on SOC *Water Quality Facilities -Facility #1 At Logan and Park Ave N -Treatment Area: Logan Ave (N eth St to Park Ave N) & Park Ave N IN ath St to Logan) -Size: 440' x 20' x12' -Facility #2 At N 10th St and Garden Ave N (W of Garden Ave N) -TreatmentArea: N 10th St (Gardsn Avs N to Park Avs N) PhaselandIIstorm.As Diameter Coat ($/n 12 165 18 190 24 220 30 365 36 510 48 655 VI I I, i'040,V09 Exhibit 7 Boeing Comp. Plan Amendment Phase 11 Stormwater System Improvements -Option B Storm ROW ROW Length of Water Quality Water Total Total Cost w/ Cost w/out 1 BOO John's Creek to N 10th St -�•••�•• 12" laterals 6.11WM „ i1 nraa korl 284.600 1.aierals n 922 "C111tv V Quality $ Restoration $ Restoration $ 2 BOO N 10th St to N 8th St 12" laterals le,00 1 100 161.700 664 2 1 $0 $M M $142,910 3 600 N 8th St to N 8th t 12 laterals 1 200 178 400 614 1 $0 $101 520 • $87 420 4 Park Ave N Lake WA to SOC New 12" & 12" laterals 1.200 123,600 710 7 0 112 358 $110 520 $466 158 $95 170 $408,408 5 Park Ave N N 8th St to N 6th St 12" laterals 1 320 135.960 781 2 123 694 $284 174 $244 8a9 6 7 Park Ave N N eth St to bth St N 10th • t(BOO to Park Ave N 12" laterals New 18" & 12" laterals 660 930 67,980 391 2 $61,797 $132 177 $122,402 8 N 10th St(Garden Ave N to -406 Now 18" A, 12'laterals 1,016 80.910 88.306 551 • 601 1 4 $73,551 $372 681 $335 656 9 N 8th St(BOO to Park Ave N New I$" & 12" laterals 1 080 108.000 688 1 $80.273 $98 177 408,678 $438 217 $366,278 $394 517 10 11 N 8th St Park Ave N to Garden Ave N N 8th St (Garden Ave N to I-406 12" laterals New 48" & 12' laterals 805 80,600 438 5 $73 178 $152 018 $141,068 12 N 6th St Cedar River to BOO) U size to 30" ' 1 260 1 280 125 000 160 600 880 758 6 $113 831 $'I 111 031 $1,037,781 13 N 8#t St B C to Park Ave N). U size to 30" ' 1 050 67 200 622 $512 000 $467 200 14 Outfall #10 take WA to SOC U size to 36" 1 800 - 420 $420 000 $383 250 ' Tn1e1 ea wen a ern Aee s .,n.. $990,000 $918 000 *1 VV,VJa •De,oJ 111.44 00,144,lua E. Abit Boeing Comp. Plan Amendment Total Buildout (Option B) Stormwater System Improvements Storm ItAm e.... -� Total Total ROW ROW Length of Water Quality Water Cost w/ cnAr wins it M 7 8 9 10 11 12 13 14 15 16 17 0C John's Creek to N 10th St OC N 10th St to N 8th St OC N 8th St to N 6th St rk Ave N Lake WA to BOC rk Ave N 500 to N 10th St rk Ave N N 10th St to N 8th St Park Ave N N 8th St to N 8th St Park Ave N N 8th St to N 5th St N 10th St BOC to Park Ave N N 10th St Park Ave N to Garden Ave N N 10th St Garden Ave N to 1-405 N 8th St BOC to Park Ave N N 8th St Park Ave N to Garden Ave N N 8th St (Garden Ave N to I-405 N 6th St Cedar River to BOC N 6th St BOC to Park Ave N Outfall #10 lake WA to BOC -•�•••�•••� 12"laterals New 24" & 12" laterals New 24" & 12" laterals New 12" & 12" laterals 12" laterals 12" laterals 12" laterals 12" laterals New 18" & 12" laterals. New 18" & 12" laterals New 18" & 12" laterals New 18" & 12" laterals 12" laterals New48" & 12" laterals U size to 30" U size to 30" U size to 36" Tntal 6Q11ul a 1,800 1 100 1,200 1,200 870 840 1 320 680 930 .685 1,016 1,080 805 1 250 1,280 1 050 1 800 112 RRR Area or 264,600 161 700 178,400 123 600 89 010 88 520 135 98 67 980 80 910 59 695 $8 305 108 000 80 500 125 000 160 000 67 200 - 4 nea won Laterals (Tt3 1 613 986 .1 075 710 397 497 781 391 551 406 601 - 438 680 758 622 Facility # 2 1 1 7 2 2 2 2 1 3 a 1 5 6 - Quality $ $240 534 $148 993 180 358 180 358 112$62358 78 861 $123 594 $81 797 $73 551 $54 175 $80 273 $80 173 73 178 Restoration $ 530 874 $599 473 $853 858 Restoration $ $490,549 $541,823 $590,981 981 $653 156 $590 08,408 $466 158 $ $188 111 $155,686 $284,174 $132 177 $13237�2 881 $244,849 $122,402 $122,402 656 $274 530 $408 678 $247,255 $366,278 $406,678 152 018 $394,517 $1a1,068 $113 631 $1 111.031 $1,037,781 $512 000 $a67 200 $420 000 $9 00 000 $383,250 $918,000 " BOC ■ Boulevard of Champions (Logan Ave) Assume ROW 90% Impetvlous,10% landscaping. Assumed costa Include permitting, engineering, design, materials, construction, and Inspection of pipe, cbs, backflll, etc. "Assume full cross -sections on all streets - - W WtQV'VVV 41,014.1IV -16,yt3 ,77U Cost w/ Cost w/out _Oiameter (In.) Restoration (SAfRestoration ($/If) 12 180 155 18 215 190 24 250 220 30 400 365 36 650 510 48 700 855 Exhibit 7C is 243 Q 146 123 122 �9 B2. 50 LF OF 12" — 169 124g $ 50 PE FOOT a 12 1. 5-200' STUBS TOT L — $125,000 R -e FROM LOGAN ' s1 TO THE WEST / 5. 1300 L 0 LA AT $20,000 EACH 2 EX. 8" W T EW 1 TOTAL = $100,000 / o- 1 (AND LO E DE) R0e-7 @ $300 P 0 T (EX. CONC. A ) / 1 TOTAL = $300.00 R02-6 c G Z 4 R02-5 156 3. 100 LF OF 12" @ $250 PER FOOT 1 7 1 Oe-4 TOTAL = $250,000 1 EXISTING KING CO. 1 z-3 EASTSIDE INTERCEPTOR 15 6 N Sth St 4. 1200 LF OF 12" 20' 20' 20' N @ $250 PER FOOT TOTAL = $300,000 170 I 02-2 226 ' 194 0 85 t76 171 8 6 p 270 0 2 278 -1 190 31 80 Q 271 q 2792690.0 274 a 2 201 8' 19 TOTAL COST 2 1. WEST STUBS = 100,000 nJ2. LOGAN/PARK CONNECTOR = 125,000 3. N. 10TH - LOGAN TO PARK = 250,000 r 4. N. 8TH - LOGAN TO PARK = 300,000 5. GARDEN REPLACEMENT = 390,000 $1,165,000 1 OR $1.2 MILLION PROPOSED BOEING CPA DEVELOPMENT AGREEMENT SEWER EXTENSIONS EXHIBIT 8 t++ t EXHIBIT 9 ESTIMA' ED PLANNING LEVEL INFRASTRUCTURE COSTS ow>,,,,y au �Wcuffe to outfaif 13 on Johns Creek and thereforeMal — U1p I `''Pu .uay w — aeveloper. 3 lanes lanes from Logan and the 5 lanes from park and the ultimate requires ntaining wdsting encumbrances_ Additional Stormwater costs ma be necessa • Logan Avenue bu'Id-k Park is then assumed to narrow Y necessary in District 1. .•• Roadway assumed to transition back to original width at Houser WaY. Therefore, m intersectiondown to currant width after Garden — = Not relevant to that phasing t meframe costs estimated. District 1 is divided into two subdistricts. Within District 1, estimated Subdistrict 1A infrastructure costs are shaded. Subdistrict 1B costs are not shaded. 4 r A N / LOT 9 NORTH t `t IF - r' 1 NORTH AC 41 ,.= t AREA O / 10.00 PARCEL OOun1 I CEt / LOT O 8479I0 OF19.47 AC ai * 1 6 I N ..._I N .. ,, 3� i I �:� °•.;: ' E'er =: Ib--- . • ' ' k .; ..hW 1,1 i v..•,-omen ! i +i c f JIi I[---; r! r�� , I PC, , i:k'.".6 �;L1{4�,'.i�i!i'!i 5i' � , ,R Cr• y {L,n� S�I 1_ ,��Qj r-. .-__. .. '.... ' LEGEND ;..IL ,n PRODOSED R.O.W. CD1^ ROADWAY CPnMM*MN RI _ a'+` . fE�-,:V3,:?.:!• ..�`, �5 "° t' '�1-F , 1..,� J �-L r f , � , [� `" SUPPoRf 5000I5ma fA ROAORAY CONSIRVMN TO ... _. ., :. .. y L� I I_I RCADRA IS d'9. � Y I:vl t�l�j�rf� L__j `� OADWAY SECRON I -' R vv iouroN l jar o tJ w �� (o `7 o I \G I1� �1t 1 ill f4 t �I II Q� � 1 - NOTES. t. AREA 5 AVARABL[ FDLlIIA1NC RFAUCNIAEM OF PARK PLAN VIEW scYE m IFFY AVENUE, — SHOWN M MCLUDLD IN TDTAL AREA 9K My mv, MM MM MR AM A / LM J NORTH. mno 9ePpptp F.s Wro •pNp ' 1 srxE +'. �oo•ro• 10 MjV@„OEp 2003 PROPOSED ARTERIAL RIGHTS OF WAY TO SUPPORT DISTRICT 1 EXHIBIT 10 0 TYPICAL SECTI.ON 1: PARK AVENUE NORTH EXHIBIT 10A FROM PROPOSED LOGAN AVENUE TO NORTH 8TH STREET 4 LANES OF TRAFFIC WITH A MEDIAN/TURNING LANE B' PARKING TRCES ORATES RIGHT OF WA 40' GOSIINO ROADWAY 14' C%1611N0 12' NEW 14' EKISTNO ROADWAY TO MEDIAN/ ROADWAY TO BE REUSED HE OE REUSED 12' -12' MEDIAN/ TRAFFl TRAFI TURNING LANE LANE LAN 105' RIGHT OF WAY WIDTH ° 8' 16, 32' PARTIAL. •BUIL•DOUT SCALE: 1."-16' .•SAME AS FULL B..UILDOUT) NO SECTIONS ARE DRAWN IN ACCORDANCE WITH THE KING COUNTY ROAD STANDARDS. AND THE CITY OF RENTON STREET STANDARDS: ALL ROADWAY SECTIONS ARE ILLUSTRATIVE: CURB AND GUTTER e' 'ARKIN B.0' WITH I i • Consulting Englneers 101 Stewart Street. Sulte 800 Seattle. Washington 98101 (206) 382-0600 Fax (206)! 382-0500 10 NOVEMBER 2003 0 TYPICAL SECTIO 2: PARK AVEN FROM NORTH STH STREET TO NORTH 6TH UE SOUTH ET 4 LANES OF TRAFFIC WITH A MEDIAN/TURN NQ .LANE AVENUE RIONT OF TING PAWA UbSTINO PAR VE ROADWAY tM ORStINo tr NCW ROADWAY TD MCDIAN/ US ppnNO N05' NCW 9C R[V9CD NRNINO LANC ROADWAY TO LC REVlCD ROADWAY AND IANDECA, CONITRUCTION CURB h It � � 0 sL TREM WITH CRATES 12' MEDIAN/ TURNING LANE RIGHT OF WAY ■ TREES WITH 8 31 PARTIAL B�UI.LDOUT ' SCALE: SAME AS fULL SUILDO UT) Nam. SECTIONS ARE DRAWN IN ACCORDANCE WITH TI E KING COUNTY ROAD STANDARDS AND T!-!E C17Y OF RENTON STREET STANDARDS ALL ROADWAY SECTIONS ARE ILLUSTRATIVE EXHIBIT 10B ri =IV Consulting Engineers 101 Stewart Street. Suite 600 Seattle. Washington 98101 1206) 382-0600 Fax (206) 382-0500 10 NOVEMBER 2003 C t TYriCAL SECTION 3: LOGAN AVENUE NORTH 2 LANES OF TRAFFIC WITH A TURNING ""LANE' _ MUM m TO ev" PARTIAL BUILDOUT To.. SUPPORT SUBDISTRICT' 1A• 0 8' 16' 32' SCALE: 1 "a16' SECTIONS ARE DRAWN IN ACCORDANCE WITH THE KING COUNTY ROAD STANDARDS AND THE CITY OF RENTON STREET STANDARDS. ALL ROADWAY SECTIONS ARE ILLUSTRATIVE EXHIBIT 10C • Consulting Engineers 101 Stewart Stree4 Suite 800 Seattle, Washington g8101 (206) 382-0600 Fax (206) 382-0500 10 NOVEMBER 2003 TYPICAL SECTION 5: NORTH 8TH S' 2 LANES OF TRAFFIC WITH � MEDIAN/TURNING LANE 32' SCALE: 1 "=16' PARTIAL BUILDOUT' TO SUPPORT SUBDISTRICT IB EXHIBIT 10D i Consultln® Enolneers NO 101 Stewart Street Sulte 800 SECTIONS ARE DRAWN IN ACCORDANCE W1.7.N THE Se8ttle, Washln0ton 98101 KING COUNTY ROAD STANDARDS AND .THE CITY OF (206) 382-0600 Fax (206) 382-0500 REM ON STREET STANDARDS ALL ROADWAY SECTIONS ARE ILLLISTRA'17YE 10 NOVEMBER 2003 TYPICAL SECTION 7: NORTH 10TH. STREET EXHIBIT IOE ` 2 LANES OF TRAFFIC WITH -A MEDIAN/TURNING LANE r PARTIAL .BUILDOUT TO SUPPORT SUBDISTRICT. IA L� $� 16� 32' SCALE: 1 "-16' NOTE; SECTIONS ARE DRAWN IN ACCORDANCE .WITH THE KING COUNTY ROAD STANDARDS AND THE CITY OF RENTON STREET STANDARDS. ALL ROADWAY SECTIONS ARE ILLUSTRATIVE Consulting Engineers 101 Stewart Street, Suite 800 Seattle, Washington 98101 (206) 382-0600 Fax (206). 382-0500 10 NOVEMBER 2003 I Logan Ave. N Pork A CAo- 11/04/2004 10:10 5036661404 CENTER OAK PROPERTIS PAGE 03/17 EXHIBIT "C" FOURTH PLAT CERTIFICATE TO: I30EING REALTY CORPORATION 2283 SOUTFI EAST BLACK NUGGET ROAD 5TH FLLOR, M/C 7W-60 ISSAQUA.M, WA 98027 ATTN: GENE WARDEN CERTIFICATE FOR FILING PROPOSED PLAT DEAR SIR: ORDER NO. 72457T-T2 IN THE MATTER OF PLAT SUBMITTED FOR YOUR APPROVAL. THIS COMPANY HAS EXAMINED THE RECORDS OF THE COUNTY AUDITOR AND COUNTY CLERK OF KING COUNTY, WASHNGTON, AND THE RECORDS OF THE CLERK OF THE UNITED STATES COURTS HOLDING TERMS IN SAID COUNTY, AND FROM SUCH EXAMINATION HEREBY CERTIFIES THAT THE TITLE TO THE FOLLOWING DESCRIBED LAND SITUATE IN SAID KING COUNTY, TO -WIT: PARCEL A: LOTS 1, 2, 3 AND 4 OF CITY OF RENTON SHORT PLAT NO. LUA-0 I -056-SHPL, AS RECORDED UNDER RECORDING NO. 20011205900004; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 11/04/2004 10:10 5036661404 CENTER OAK PROPERTIS PAGE 04/17 PARCEL B: ORDER NO. 72457T-T2 THAT PORTION OF GOVERNMENT LOT 3 N SECTION 8,. TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., LYING EASTERLY OF THE ABANDONED BURLNGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND LYING WESTERLY OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); TOGETHER WITH THAT .PORTION OF GOVERNMENT LOT 2 N SAID SECTION, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEASTERLY MARGIN OF TI•IE ABANDONED BURLNGTON NORTHERN (LAKE WASHINGTON BELT LINE) RAILROAD RIGHT-OF-WAY AND THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHNGTON .BOULEVARD S.E.); THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY MARGIN 60 FEET TO THE TRUE POINT OF BEGINNNG; THENCE SOUTHEASTERLY AT RIGHT ANGLES THERETO 10 FEET, MORE OR LESS, TO THE WESTERLY MARGIN OF PARK AVENUE (LAKE WASHINGTON BOULEVARD S.E.); THENCE SOUTHERLY ALONG SAID MARGIN TO THE SOUTH LINE OF SAID GOVERNMENT LOT; THENCE WESTERLY TO SAID SOUTHEASTERLY RAILROAD MARGIN; THENCE NORTHEASTERLY TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PORTION THEREOF CONDEMNED FOR SR 405 BY KING COUNTY SUPERIOR COURT CAUSE NO, 656127; AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON FOR WIDENING OF PARK AVENUE NORTH BY DEED RECORDED UNDER RECORDING NO. 9703181422, PARCEL C: THAT PORTION OF THE BURLINGTON NORTHERN INC. IS 100 FOOT RIGHT OF WAY FOR ITS BELT LINE IN GOVERNMENT LOTS 1, 2 3 AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., AND GOVERNMENT LOTS I AND 2 IN SECTION 7, SAID TOWNSHIP AN RANGE, BETWEEN A WEST PRODUCTION OF TkLE NORTH LINE OF 6TH AVENUE NORTH AND A LINE EXTENDING SOUTHEASTERLY AND RADIALLY TO THE MAN TRAGIC CENTER LINE AS NOW CONSTRUCTED FROM SURVEY STATION 1068.00 IN SAID CENTER LINE (DISTANT 40.6 FEET SOUTHWESTERLY, MEASURED ALONG SAID MAIN TRACK CENTER LINE, FROM THE SOUTHWESTERLY END OF BURLNGTON NORTHERN NC.'S BRIDGE NO. 3) AND THE SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: Pa8c 2 4 v 11/04/2004 10:10 5036661404 CENTER OAK NkUNEKi15 HAUL b5i 1 i ORDER NO. 72457T-T2 BEGINNING AT A POINT 25 FEET SOUTHEASTERLY, MEASURED RADIALLY AND AT RIGHT ANGLES TO THE CENTER LINE OF TRACK AS NOW CONSTRUCTED, FROM SURVEY STATION 1068+00, THENCE SOUTHWESTERLY IN A STRAIGHT LINE TO A POINT 25 FEET NORTHWESTERLY, MEASURED FROM THE SOUTHEASTERLY RIGHT OF WAY LINE AT SURVEY STATION 1074+00; THENCE CONTINUING SOUTHWESTERLY AT AN ANGEL TO THE RIGHT TO A POINT ON THE NORTHWESTERLY LINE OF THE 100 FOOT RIGHT OF WAY OF BURLINGTON NORTHERN INC. AND SOUTHEASTERLY OF SPUR TRACK HEA.DBLOCK STATION 8+85.5 T14E END OF DESCRIBED LINE AND .END OF DESCRIPTION. PARCEL D THAT PORTION OF TIME SOUTH 660 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., WHICH LIES NORTH OF THE NORTH LINE OF NORTH 6TH STREET AND BETWEEN THE NORTHERLY EXTENSION OF THE CENTERLINES OF PELLY AVENUE NORTH AND MAIN STREET, NOW WELLS STREET NORTH; EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF RENTON BY DEEDS RECORDED UNDER RECORDING NOS. 7109190352 AND 8509130916 PARCEL E THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 8, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF T14E NORTH LINE OF SAID SUBDIVISION WITH THE NORTHERLY PRODUCTION OF THE WEST LINE OF PARK AVENUE, AS SHOWN IN THE PLAT OF RENTON FARM PLAT, AS PER PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 97, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION, TO A POINT 715 FEET NORTH OF THE SOUTH LINE OF SAID SUBDIVISION; THENCE WEEST PARALLEL WITH AND DISTANT 715 FEET NORTH FROM SAID SOUTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF PELLY STREET; THENCE SOUTH ALONG SAID PRODUCED CENTERLINE, TO THE NORTH OF SOUTH 660 FEET OF SAID SUBDIVISION; THENCE WEST ALONG SAID NORTH LINE TO THE NORTHERLY PRODUCTION OF THE CENTER LINE OF MAIN STREET, NOW WELLS AVENUE NORTH, AS SHOWN IN THE PLAT OF RENTON FARM PLAT NO. 2, AS PER PLAT RECORDED IN VOLUME 11 OF PLATS, PAGE 32, RECORDS OF KING COUNTY; THENCE SOUTHERLY ALONG SAID PRODUCTION TO THE NORTH LINE OF NORTH 6TH STREET; THENCE WESTERLY ALONG SAID NORTH LINF, OF NORTH 6TH STREET TO THE EASTERLY MARGIN OF THE ABANDONED 13URLINGTON NORTHERN RAILROAD RIGHT-OF-WAY; THENCE NORTHERLY ALONG SAID RIGHT-OF-WAY TO THE NORTH LINE OF SAID SUBDIVISION; THENCE EASTERLY ALONG SAID NORTH LINE TO THE POINT OF BEGINNING; EXCEPT THAT PORTION CONVEYED TO THE CITY OF RENTON FOR THE WIDENING OF NORTH 6TH STREET 13Y DEEDS RECORDED UNDER RECORDING NOS, 7106110508, 7106110510, 7106110511, 8509100968,8509130916 AND 8509130917; Pagc 3 11/04/2004 10:10 5036661404 CENTER OAK PROPERTIS PAGE 02/17 Tbir Sketeb is furffithed es a courtery only by First Americu Title lnsvrance Company and It is = s W of tmy tide cO-miLm mt or policy of title insurance. Thu sketch is furnisbed soWy for the purpose of asdatinr iA locuiay the promises and does not purport to show m4 higb.Asys, roads, or eaaemtmts affoeting the Property. No rtli+acorbould be plaasd upon this akceteh for the locatlom or ditaensloes of the property and no liability is &vumod for the eorcoctne" thereof. ORDER No. �7A191157 SUBDIVISION RCDG NO./VOL & PCi. OTR _ SEC ____ TWNSHP _ RNG Q - 0