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HomeMy WebLinkAboutCouncil 06/28/2004AGENDA RENTON CITY COUNCIL REGULAR MEETING June 28, 2004 Monday, 7:30 p.m. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION: Voter Registration Month - July, 2004 4. ADMINISTRATIVE REPORT 5. 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. 6. 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. a. City Clerk submits appeal of Hearing Examiner's decision regarding the Dalpay Estates Division II Short Plat (SHP-03-125); appeal filed by Paul Barfknecht, 3708 NE 19th St., Renton, 98056, on 4/27/2004, accompanied by required fee. Refer to Planning and Development Committee. Consideration of the appeal by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties (RMC 4-8-110F.6.). b. City Clerk reports bid opening on 6/23/2004 for CAG-04-076, 2004 Overlay; three bids; engineer's estimate $626,015.66; and submits staff recommendation to award the contract to the low bidder, ICON Materials, in the amount of $640,739.38. Council concur. c. City Clerk reports bid opening on 6/23/2004 for CAG-04-087, Carpet Replacement at Renton Main Library; one bid; engineer's estimate $70,000; and submits staff recommendation to award the contract to the sole bidder, Decor Carpets, Inc., in the amount of $69,692.67. Refer to Finance Committee. d. Court Case filed by Dale J. Holland, 1810 Cole St., Enumclaw, 98022, on behalf of David B. Delaune, seeking compensation for injuries received from falling on a sidewalk located on the east side of Raymond Ave. on 4/25/2001, allegedly due to a negligently maintained City sidewalk. Refer to City Attorney and Insurance Services. e. Development Services Division recommends acceptance of dedication of additional right-of-way for the future extension of NE loth St. to fulfill a requirement of the Binder Short Plat (SHP-03- 052). Council concur. f. Planning/Building/Public Works Department recommends approval of Addendum No. 1 to CAG-03-102, contract with Roth Hill Engineering Partners, LLC, for additional work in the amount of $58,500 for the sanitary sewer model development and inflow and infiltration program project. Council concur. 7. CORRESPONDENCE Letter from Robert Cugini, Barbee Forest Products, Inc., PO Box 359, Renton, 98057, requesting a Council decision on whether the access roads to the Barbee Mill plat will be public or private. (CONTINUED ON REVERSE SIDE) rl 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: Nishiwaki Sister City Committee Appointments b. Finance Committee: Vouchers; Permit Fees; Pavilion Building Renovation Project 9. RESOLUTIONS AND ORDINANCES Ordinances for second and final reading: a. Downtown Core parking standards (1st reading 6/21/2004) b. Change fireworks ban ordinance to reference International Fire Code (1st reading 6/21/2004) c. Motorized scooters regulations (1st reading 6/21/2004) 10. NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 11. AUDIENCE COMMENT 12. ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) Council Conference Room 5:30 p.m. Emerging Issues Council Chambers Approximately 6:00 p.m. Valley Communications Briefing; Comprehensive Plan Amendments Update • 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 1:00 PM & 9:00 PM RENTON CITY COUNCEL Regular Meeting June 28, 2004 Council Chambers Monday, 7:30 p.m. MINUTES Renton City Hall CALL TO ORDER Mayor Pro Tem Don Persson called the meeting of the Renton City Council to order and led the Pledge of Allegiance to the flag. ROLL CALL OF DON PERSSON, Mayor Pro Tem; MARCIE PALMER; DENIS LAW; DAN COUNCILMEMBERS CLAWSON; TONI NELSON, Council President Pro Tem; RANDY CORMAN. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL EXCUSE ABSENT COUNCILMEMBER TERRI BRIERE. CARRIED. CITY STAFF IN JAY COVINGTON, Chief Administrative Officer; LAWRENCE J. WARREN, ATTENDANCE City Attorney; BONNIE WALTON, City Clerk; GREGG ZIMMERMAN, Planning/Building/Public Works Administrator; DEREK TODD, Assistant to the CAO; COMMANDER KENT CURRY, Police Department. PROCLAMATION A proclamation by Mayor Keolker-Wheeler was read declaring the month of Voter Registration Month - July, 2004, to be "Voter Registration Month" in the City of Renton, July, 2004 encouraging all citizens to keep their voter registration information current and to join in this special observance. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE PROCLAMATION AS READ. CARRIED. Becky Cox with the League of Women Voters of King County South, accepted the proclamation with appreciation. Councilwoman Nelson suggested that the League of Women Voters set up a voter registration booth at community events such as the Farmers Market and Renton River Days. 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: • The 2004 Freddie's Fabulous Fourth of July event and fireworks display is this Sunday, July 4th, at Gene Coulon Memorial Beach Park. • Applications are being accepted through August 31 st for Renton Citizen of the Year nominations. • Renton's 2004 Drinking Water Quality Report was mailed to Renton households last week describing where drinking water comes from, what it contains, how it compares to stringent water quality standards, and what the City is doing to protect its water supply. In 2003, Renton's drinking water met or exceeded State and Federal standards for drinking water quality. CONSENT AGENDA Items on the consent agenda are adopted by one motion which follows the listing. Appeal: Dalpay Estates City Clerk submitted appeal of Hearing Examiner's decision regarding the Division II Short Plat, Dalpay Estates Division II Short Plat (SHP-03-125); appeal filed by Paul Barfknecht, SBP-03-125 Barfknecht, 3708 NE 19th St., Renton, 98056, on 4/27/2004, accompanied by required fee. Refer to Planning and Development Committee. June 28, 2004 Renton City Council Minutes Page 220 CAG: 04-076, 2004 Overlay, City Clerk reported bid opening on 6/23/2004 for CAG-04-076, 2004 Overlay; ICON Materials three bids, engineer's estimate $626,015.66; and submitted staff recommendation to award the contract to the low bidder, ICON Materials, in the amount of $640,739.38. Council concur. CAG: 04-087, Main Library City Clerk reported bid opening on 6/23/2004 for CAG-04-087, Carpet Carpet Replacement, Decor Replacement at Renton Main Library; one bid; engineer's estimate $70,000; and Carpets submitted staff recommendation to award the contract to sole bidder, Decor Carpets, Inc., in the amount of $69,692.67. Refer to Finance Committee. Court Case: David B Delaune, Court Case filed by Dale J. Holland, 1810 Cole St., Enumclaw, 98022, on CRT-04-005 behalf of David B. Delaune, seeking compensation for injuries received from falling on a sidewalk located on the east side of Raymond Ave. on 4/25/2001, allegedly due to a negligently maintained City sidewalk. Refer to City Attorney and Insurance Services. Development Services: Binder Development Services Division recommended acceptance of the dedication of Short Plat, ROW Dedication at approximately 4,500 square feet of additional right-of-way for the future NE loth St, SHP-03-052 extension of NE loth St. to fulfill a requirement of the Binder Short Plat (SHP- 03-052). Council concur. CAG: 03-102, Sanitary Sewer Planning/Building/Public Works Department recommended approval of Model/Inflow & Infiltration Addendum No. 1 to CAG-03-102, contract with Roth Hill Engineering Partners, Program, Roth Hill LLC, for additional work in the amount of $58,500 for the sanitary sewer model Engineering Partners development and inflow and infiltration program project. Council concur. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL APPROVE THE CONSENT AGENDA AS PRESENTED. CARRIED. CORRESPONDENCE A letter was read from Robert Cugini, Barbee Forest Products, Inc., PO Box Citizen Comment: Cugini - 359, Renton, 98057, requesting a Council decision on whether the two Access Roads with RR proposed access points to the Barbee Mill plat, which are to be located off Lake Crossings for Barbee Mill Plat, Washington Blvd. and cross railroad tracks, will be public or private streets. Public or Private MOVED BY PALMER, SECONDED BY CORMAN, COUNCIL REFER THIS CORRESPONDENCE TO THE TRANSPORTATION (AVIATION) COMMITTEE.* Responding to Councilman Corman's inquiry regarding why this matter needs to go before the Council, Chief Administrative Officer Jay Covington stated that the Administration does not want to increase the number of public railroad crossings due to the potential liability; thus this issue needs to be discussed as a policy question. Mr. Covington noted that the Railroad will only allow public crossings if the City assumes all liability. Planning/Building/Public Works Administrator Gregg Zimmerman explained that the single-family 115-lot subdivision application for this property went through environmental review over the last few months. The City would prefer a grade separated crossing; however, this is not possible due to the cost of that type of crossing and the size of the development project. Mr. Zimmerman indicated that the City does need to consider the pros and cons pertaining to both public and private crossings, as well as State utility and transportation commission requirements. City Attorney Larry Warren stated that the City of Tukwila paid an approximately one million dollar judgment related to a railroad crossing at SW June 28, 2004 Renton City Council Minutes Page 221 43rd St./S. 180th St. Pointing out that the chances of an accident are small but the dollar amount of a judgment, is high, Mr. Warren advised that this aspect be analyzed as well. *MOTION CARRIED. UNFINISHED BUSINESS Community Services Committee Chair Nelson presented a report Community Services recommending concurrence in the Mayor's appointments of Pat Auten (to fill Committee the position vacated by Sylva Coppock), and new members Theresa Clymer and Appointment: Nishiwaki Sister Nancy Osborn to the Nishiwaki Sister City Committee. MOVED BY City Committee NELSON, SECONDED BY PALMER, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Committee of the Whole Council President Pro Tern Nelson presented a Committee of the Whole clean - Council: Committee of the up report for the following six items listed on the Committee's referral list and Whole Agenda Item Clean -Up recommended that the referrals be closed: Report • Referral 1634 - Community Involvement in Budget Process. There was a public hearing held on 8/19/2002 and the Committee recommended no changes be made at this time. • Referral 1665 - Review of Current Council Meeting Policies and Procedures. Council's Order of Business Policy (800-03) was revised on 5/17/2004 and the Committee recommended no further changes be made at this time. • Referral 1748 - Residency Requirement for Future Department Administrators. Council discussed this at their March 2004 Retreat and recommended no changes be made at this time. • Referral 1755 - Pavilion Building Lease/Alhadeff Correspondence. The Economic Development, Neighborhoods and Strategic Planning Department has been in contact with Mr. Alhadeff. At this time, Mr. Alhadeff has not submitted any proposals. The Committee, therefore, recommended that this item be closed. • Referral 1807 - Off -Leash Dog Park. Since the City participated in an off - leash dog park with King County, the Committee recommended that no further action be taken on this item at this time. • Referral 1917 - Maple Valley Hwy. Widening Project/King County Mitigation Funds. Since the design for Phase I of this project is complete and the project is moving forward already, the Committee recommended that this item be closed. MOVED BY NELSON, SECONDED BY CORMAN, COUNCIL CONCUR IN THE COMMITTEE REPORT* Regarding the closure of Referral 1807, Councilman Clawson stated that the City is not going to open an off -leash dog park as there are other priorities. He indicated that there is still a need for an off -leash dog park within the City limits however, and asked that the Council be open minded if an opportunity arises and the City is able to accommodate that need. *MOTION CARRIED. Finance Committee Finance Committee Chair Corman presented a report recommending approval Finance: Vouchers of Claim Vouchers 227688 - 228162 and one wire transfer totaling $1,787,649.56; and approval of Payroll Vouchers 51138 - 51519, one wire June 28, 2004 Renton City Council Minutes Page 222 transfer and 592 direct deposits totaling $1,873,372.66. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. CAG: 03-005, Pavilion Finance Committee Chair Corman presented a report concurring in the staff Building Renovation, Edifice recommendation to approve the completed Pavilion Building renovation Const Co project, commencement of the 60-day lien period, and release the retained amount of $119,272.70 to Edifice Construction Company, Inc., contractor, once all required taxes have been paid, and all liens have been resolved and releases obtained. The Committee further recommended that the Pavilion Building renovation project appropriation be increased by $11,772.68 as part of the year- end appropriation ordinance. MOVED BY CORMAN, SECONDED BY NELSON, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. Development Services: Finance Committee Chair Corman presented a report concurring in the staff Building Permit Fees Revision recommendation to approve adoption of the revised building permit fees. MOVED BY CORMAN, SECONDED BY LAW, COUNCIL CONCUR IN THE COMMITTEE REPORT. CARRIED. RESOLUTIONS AND The following ordinances were presented for second and final reading and ORDINANCES adoption: Ordinance #5087 An ordinance was read amending Section 4-4-080 of Chapter 4, Citywide Planning: Downtown Core Property Development Standards, of Title IV (Development Regulations) of Off -Street Parking City Code by creating parking standards for development in the downtown Requirements core. MOVED BY CLAWSON, SECONDED BY CORMAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5088 An ordinance was read amending Section 1-3-2.C.Le(1) of Chapter 3, Legal: Fireworks Ban Remedies and Penalties, of Title I (Administration); and Section 4-5-070.C.69 Ordinance Change from UFC of Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Reference to IFC Regulations) of City Code by adopting the amendments to the International Fire Code that outlaw all fireworks and that establish penalties for violation of the fireworks laws. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. Ordinance #5089 An ordinance was read adding Section 10-12-28 of Chapter 12, Traffic Code, of Police: Motorized Scooters Title X (Traffic) of City Code to regulate the use of motorized foot scooters by Regulations eliminating or prohibiting their use on sidewalks, streets, and in parks; prohibiting their operation by those under 13 years of age; prohibiting their operation from a half hour after sunset until a half hour before sunrise; requiring operators to wear helmets; requiring the devices to be muffled; requiring the safe operation of such vehicles; and providing a penalty for violation. MOVED BY LAW, SECONDED BY CLAWSON, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY LAW, SECONDED BY NELSON, COUNCIL ADJOURN. CARRIED. Time: 8:07 p.m. .BONNIE I. WALTON, City Clerk Recorder: Michele Neumann, June 28, 2004 * RENTON CITY COUNCIL COMMITTEE MEETING CALENDAR Office of the City Clerk COUNCIL COMMITTEE MEETINGS SCHEDULED AT CITY COUNCIL MEETING June 28, 2004 COMMITTEE/CHAIRMAN DATE/TIME AGENDA COUNCIL WORKSHOP WED., 7/15 2005 Budget 1:00 pm *Council Chambers* 3:00 p.m. 2005 Budget *Conferencing Center* COMMITTEE OF THE WHOLE MON., 7/05 No Meeting (Independence Day Holiday) (Persson) MON., 7/12 Emerging Issues 5:30 p.m. *Council Conference Room* Approximately Comprehensive Plan Amendments Update 6:00 p.m. *Council Chambers* COMMUNITY SERVICES (Nelson) FINANCE MON., 7/12 Vouchers; (Corman) 5:00 p.m. Main Library Carpet Replacement Project PLANNING & DEVELOPMENT THURS., 7/01 Abandoned Shopping Carts (Briere) 2:00 p.m. THURS., 7/08 Comprehensive Plan Amendments - 9:00 a.m. Zoning Element PUBLIC SAFETY (Law) TRANSPORTATION (AVIATION) (Palmer) UTILITIES (Clawson) 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. CITY OF RENTON �. Mayor S Kathy Keolker-Wheeler Wherea4; the right of American citizens to vote is fundamental to our democracy; and W h ,rea4, citizens wishing to vote have certain responsibilities to register and to keep their voter, registration information current; and Whereat; citizens wishing to vote in the primary election on September 14th should complete voter registrations, updates, and requests for absentee ballots during the month of July in order that the county election office will have all the documentation in hand by the August 14th deadline; and W herea-k, the City of Renton encourages registration of young citizens who will be 18 years of age by the date of the first election in which they plan to vote; and Whe e,CW, the many students, business people, and other travelers who may be out of town on voting days need to request absentee ballots soon; and W hereaw; the City of Renton, as part of its service to the public, provides voter registration forms and information at City Hall during all of its business hours; Now, 77ierefo-re; .I, Kathy Keolker-Wheeler, Mayor of the City of Renton, in cooperation with the League of Women Voters of King County South, do hereby proclaim the month of July 2004 to be Voter R"JI,�WrcWLIawMo11thv in the City of Renton, and I encourage all citizens to join me in this special observance. In witness whereof, I have hereunto set my hand and caused the seal of the City of Renton to be affixed this 28th day of June, 2004. Kathy K olker-Wheeler Mayor of the City of Renton, Washington RErrTON 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6500 / FAX (425) 430-6523 T Goo/ _ .. —, AHEAD OF THE CURVE CITY OF RENTON MEMORANDUM DATE: June 28, 2004 TO: Don Persson, Council President Members of the Renton City Council FROM: 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 • The 2004 Freddie's Fabulous Fourth of July event and fireworks display is this Sunday, July 4`h. A car show will kick off the day in mid -morning, followed by stage entertainment and a variety of activities for kids. The event will end with a 20-minute fireworks display at approximately 10:15 p.m. Event parking is available just north of Fry's Electronics and free Shuttle Express service will be provided from the parking lot to Coulon Beach Park from 12:00 noon to midnight. For more information, visit the City's website at www.ci.renton.wa.us, or call 425- 430-6500. • Every Saturday night in July and August families can enjoy the best in comedy, drama, and classics at the free Cinema on the Piazza in downtown Renton. The series kicks off this Saturday at dusk with classic movie Star Wars showing on the silver screen. Prior to every film a band will perform. Food, soft drinks, and popcorn will also be available for purchase. For more information, visit the City's website at www.ci.renton.wa.us, or call the Chamber of Commerce at 425-226-4560. ADMINISTRATIVE, JUDICIAL, AND LEGAL SERVICES DEPARTMENT • The combination of an economic downturn and past voter -approved initiatives that reduced tax revenues is forcing the City of Renton to evaluate budget cuts for the 2005 budget. In order to help the City better understand the priority its citizens place on a variety of City services, residents are invited to take an on-line service priority survey. To access the survey, visit the City's website, at www.ci.renton.wa.us, or call 425-430-6500 to request a survey form. Data from this on-line survey will accompany data from a statistically valid telephone survey of 400 randomly selected Renton households, conducted by Elway Research in mid -June. Survey results will be available in mid -July and presented to the Renton City Council as they deliberate the 2005 Budget. • Do you know someone who promotes and supports Renton? Someone who is dedicated to making the Renton community a great place to live, work, play, and learn? You can recognize that special person for their commitment to Renton by nominating them for Renton Citizen of the Year. Applications are available at the lobby of Renton City Hall, at the Renton libraries, or at the Chamber of Commerce. You can also fill out an on- line application by visiting the City's website at www.ci.renton.wa.us. Applications are being accepted through August 31". COMMUNITY SERVICES DEPARTMENT • Last Thursday, June 24"', the Recreation Division hosted a youth track and field meet with the Snoqualmie Track Team, drawing more than 200 participants and an additional 150 parents and friends. This year, Renton's program boasts of over 170 participants. • Fifteen teams participated in the spring adult basketball league, which ended last week. The 2004 tournament winners are: Upper Division - Team Hybrid; and Lower Division - Team Skool. Administrative Report June 28, 2004 Page 2 The spring co-ed volleyball leagues also ended last week with 31 teams competing in four divisions. The 2004 tournament winners are: Upper Division Mondays - Will Work 4 Sets; Upper Division Wednesdays — Renegades; Competitive Division- Ice Cold Beer; and Lower Division - Alki Albacore. School is out and Renton parks are full of children at play. Last week 121 children participated in eight different camp programs geared for ages 3-15. Additionally, our traditional Summerfest Drop -in Play Program is back at six different sites with an estimated 400 children participating the first week. This week, Specialized Recreation will be starting the summer Special Olympics softball program with 57 athletes participating over the next several weeks. The teams will be practicing each Monday and Wednesday at the Renton High School Fields. FIRE DEPARTMENT Residents and their families are encouraged to attend a public fireworks display to enjoy fireworks. However, if you choose to celebrate with your own fireworks, please follow the City of Renton fireworks regulations and important safety tips. Fireworks are permitted to be ignited or discharged only on July 4"', between 9:00 a.m. and 12:00 midnight and only approved legal fireworks may be discharged. Fireworks purchased at State licensed and City -approved local fireworks stands are legal. For full details, visit the City of Renton website at www.ci.renton.wa.us or call the Renton Fire Department at 425-430-7000. PLANNINGBUILDING/PUBLIC WORKS DEPARTMENT Currently, there are 26 states (plus Puerto Rico) reporting the presence of West Nile Virus. Of those 26 states, 7 have reported human cases (a total of 32 human cases with no deaths). On June 21", staff from both the Washington State Department of Transportation and Renton met with about 30 representatives from the Talbot Hill neighborhood to discuss the proposed I-405 corridor improvements. Project information was presented and participants provided useful comments about their concerns and recommendations. Renton's 2004 Drinking Water Quality Report was mailed to Renton households last week. The report was written and distributed in compliance with the Federal Safe Drinking Water Act, which requires water utilities to provide annual consumer confidence reports describing where drinking water comes from, what it contains, how it compares to stringent water quality standards, and what we are doing to protect our water supply. In 2003, Renton's drinking water met or exceeded state and federal standards for drinking water quality. POLICE DEPARTMENT • During the week of June 29-July 5, the Police Department will be conducting traffic emphasis in the following areas and, in addition, all school zones during school days: Renton Police Department Traffic Enforcement Emphasis June 29 — July 5 Date 6:00 a.m. to Noon Noon to 6:00 p.m. All Da Motorcycles/Cars Motorcycles/Cars Radar Trailer June 29, Tuesday Rainier Ave N (speed) Edmonds Ave SE (speed) Maple Valley Hwy (speed) Rainier Ave N (speed) 1300 blk N 3` St June 30, Wednesday 300 blk Sunset Blvd N (speed) Rainier/Grad Way (red lights) 5000 blk Talbot Rd S (speed) E Valle Rd/S 43`d St (red lights) 3600 blk NE 7h St July 1, Thursday Maple Valley Hwy (speed) SW Sunset Blvd (turns/speed) 1300 blk N 3 St (speed) Rainier Ave N (speed) 25 /Lynnwood Ave NE July 2, Friday 1300 blk N 3` St Rainier Ave N (speed) Rainier Ave N (speed) 43`d/E Valle Rd (red lights) 25 /Lynnwood Ave NE July 5, Monday 1100 blk Hoquiam Ave NE (speed) Maple Valle Hwy (speed) 1100 blk Hoquiam Ave NE (speed) I NE 25'h/L nnwood NE (speed) 1600 blk Lk Youngs Way SE CITY OF RENTON COUNCIL AGENDA BILL Submitting Data: Dept/Div/Board.. AJLS/City Clerk Staff Contact...... Bonnie Walton, x6502 Subject: Appeal of Hearing Examiner's decision dated 4/13/2004 approving the Dalpay Estates Division II Short Plat, approximately 2.52 acres located at 3801 NE 191h St. (File No. LUA-03-125, SHPL-H, ECF) Exhibits: A. City Clerk's letter (6/18/2004) B. Appeal (4/27/2004) C. Requests for Reconsideration (4/27/04) & Response (5/ 18/04) D. Hearing Examiner's Report (4/13/2004) AI #: For Agenda of: 6/28/2004 Agenda Status Consent .............. Public Hearing.. Correspondence.. Ordinance ............. Resolution............ Old Business........ New Business....... Study Sessions...... Information......... Recommended Action: Approvals: Legal Dept......... Refer to Planning and Development Committee Finance Dept...... Other ............... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project.. SUMMARY OF ACTION: Appeal filed by Paul Barfknecht, accompanied by required $75 fee received 4/27/2004. STAFF RECOMMENDATION: N/A cc: Jennifer Henning Larry Warren X CITY OF RENTON . tR City Clerk Wheeler, Mayor Bonnie I. Walton Kathy Keolker June 18, 2004 APPEAL FlI ED BY: Paul Baifknecht R Appeal of Hearing.Exaiminer's decision dated 4/13/2004 approving, subject to conditions; the Dalpay Estates Division H Short Plat for subdivision of approXimately 2:52 acres located at 3801 NE 19th .$t..(File No. LUA=03-125, SHPL-H; ECF) To Parties of Record: Pursuant to Title 1V, Chapter 8; Renton City Code of Ordinances; .written appeal of the hearing examiner's decision on the Dalpay Estates Division 11 short plat has been filed with the City . Clerk. In .acco rdance with Renton.Municipal.Code Se.-tio 4 8.:11OF, within five days of receipt of the notice of appeal (as ektended), the. City Clerk shall notify all, parties of record of th,6 receipt of the appeal.: ;Other parties of record may subinit letters in upport of their positions within_ ten (:10) days 'of the dates of to "ling..of the notificati6ii o the filtrig of the appeal. The deadline for submission of additional letters is June 28; 2004. NOME I$ HEREBY GIVEN that the wntteti appeals and other pertinent documents will be reviewed by the Councils Planning and Dgveloprt}ent Committee T11e Council secretary will notify all parties of record of the date arid$ ttxie of thelanniri and pevelopment Committee meeting::. If you are not listed inklgcal telephone dtrectones: and wish to attend the meeting, please call the Council secretary'at.42530 �01ornformation_ The recommendation of the Committee will be.presented for consid'era tion>by the-f, I Council at a subsequent Council meeting. Attached is a copy of the Renton -Municipal Code regarding appealS of Hearing $xaminer decisions or recominenclat ons, Please n+ate that the �:Crty Coanc*1 will be considering the merits o theppealbased upoa,the written record; previously established. Unle s a glowing` can be made that :additional evidence v , not` real©viably have been available at the prior hearing, held by the ]E-iearing Examiner, no further evidence or testimony on this matter will be accepted byahe City'Couneil For additional information or assistance, please feel free to'call me: at 425 430-6502. Sincerely, Bonnie L Walton City. Clerk Attachments cc: Council secretary 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6510 / FAX (425) 430-6516 R E N T O 1e1 AHEAD OF THE CURVE This paper contains 50 recyclem% d material, 30 post consumer % City of Renton Municipal Code; Title IV Chapter 8 Section 110 — Appeals 4-8-110C4 The notice of appeal shall be accompanied by a fee in accordance with RMC 4-1-170, the fee schedule of the City. (Ord. 3658, 9-13-82) 4-8-110F: Appeals to City Council — Procedures 1. Time for Appeal: Unless a specific section or State law providing for review of decision of the Examiner requires review thereof by the Superior Court or any other body, any interested party aggrieved by the Examiner's written decision or recommendation may submit a notice of appeal to.the._ City Council, upon a form furnished by the City Clerk, within fourteen (14) calendar days from the date of the Examiners written report. 2. Notice to Parties of Record: Within five (5) days of receipt of the notice of appeal, the City Clerk shall notify all parties of record of the receipt of the appeal. 3. Opportunity to Provide Comments: Other parties of record may submit letters in support of their positions within ten (10) days of the dates of mailing of the notification of the filing of the notice of appeal. 4. Transmittal of Record to Council: Thereupon the Clerk shall forward to the members of the City Council all of the pertinent documents, including the written decision or recommendation, findings and conclusions contained in the Examiner's report, the notice of appeal, and additional letters submitted by the parties. (Ord. 3658, 9-13-1982) 5. Council Review Procedures: No public hearing shall be held by the City Council. No new or additional evidence or testimony shall be accepted by the City Council unless a showing. is made by the party offering the evidence that the evidence could not reasonably have been available at the time of the hearing before the Examiner. If the Council determines that additional evidence is required, the Council shall remand the matter to the Examiner for reconsideration and receipt of additional evidence. The cost of transcription of the hearing record shall be borne by the applicant. In the absence of an entry upon the record of an order by the City Council authorizing new or additional evidence or testimony, and a remand to the Hearing Examiner for receipt of such evidence or testimony, it shall be presumed that no new or additional evidence or testimony has been accepted by the City Council, and that the record before the City Council is identical to the hearing record before the Hearing Examiner. (Ord. 4389, 1-25-1993) 6. Council Evaluation Criteria: The consideration by the City Council shall be based solely upon the record, the Hearing Examiner's report, the notice of appeal and additional submissions by parties. 7. Findings and Conclusions Required: If, upon appeal of a decision of the Hearing Examiner on an application submitted pursuant to RMC 4-1-050F1, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, it may remand the proceeding to Examiner for reconsideration, or modify, or reverse the decision of the Examiner accordingly. 8. Council Action: 1f, upon appeal from a recommendation of the Hearing Examiner upon an application submitted pursuant to RMC 4-1-050F2 and F3, and after examination of the record, the Council determines that a substantial error in fact or law exists in the record, or that a recommendation of the Hearing Examiner should be should be disregarded or modified, the City Council may remand the proceeding to the Examiner for reconsideration, or enter its own decision upon the application. 9. Decision Documentation: In any event, the decision of the City Council shall be in writing and shall specify any modified or amended findings and conclusions other than those set forth in the report of the Hearing Examiner. Each material finding shall be supported by substantial evidence in the record. The burden of proof shall rest with the appellant. (Ord 3658, 9-13-1982) 10. Council Action Final: The action of the Council approving, modifying or rejecting a decision of the Examiner shall be final and conclusive, unless appealed within the time frames established under subsection G5 of this Section. (Ord. 4660, 3-17-1997) CITY OF RENTON APPEAL - HEARING EXAMINER APR 2 7 2004 WRITTEN APPEAL OF HEARING EXAMINER'S DECISION/RECOMMENDATION TO RENTON CITY COUNCIL. RECELi• CITY CLERK'S S OFFICE FILE NO. C ;�,f}—c�3�IL)' VED 3� APPLICATION NAME: �c,v--� �� �`r��c^- The undersigned interested party hereby files its Notice of Appeal from the decision or recommendation of the Land Use Hearing Examiner, dated i P'r' ( 2'� 20 y . 1. IDENTIFICATION OF PARTY APPELLANT: Name: Pc.----\, �1 e,4- C L--'�� 1„ Address: "3 JV Is l x� 2L— Telephone No. REPRESENTATIVE (IF ANY) Name: Address: Telephone 2. SPECIFICATION OF ERRORS (Attach additional sheets, if necessary) Set forth below are the specific errors or law or fact upon which this appeal is based: FINDING OF FACT: (Please designate number as denoted in the Examiner's report) No. Error: Correction: CONCLUSIONS: No. Error: Correction: OTHER No. Error: Correction: 3. SUMMARY OF ACTION REQUESTED: The City Council is requested to grant the following relief: (Attach explanation, if desired) Reverse the decision or recommendation and grant the following relief: Modify the decision or recommendation as follows: Remand to the Examiner for further consideration as follows: Other Date NOTE: Please refer to Title IV, Chapter 8, of the Renton Municipal Code, and Section 4-8-110F, for specific appeal proce ures. oC : Ct`3 s \Ie 7 �" / \ heappeal.doc/forms Paul Bartknecht 3807 NE 19'' Street Renton, WA 98056 City Clerk City of Renton Renton City Hall April 19, 2004 RE: Dalpay Estates Division H Short Plat File No.: LUA-03-125 SHPL-H, ECF Dear City Clerk: CITY OF RENTON APR 2 7 2004 RECEIVED CITY CLERK'S OFFICE I am in receipt of the Report and Recommendation dated April 13, 2004 on the above -mentioned file. I would like to file a request for reconsideration based on the following: • Page 4. Paul Barfknecht. "One tree is six feet from the back of the garage, it is 8 feet in diameter and 3 feet from the roofline of the garage." This is an incorrect fact, the one tree that was referred to here is in fact, 10 inches from the back of the garage and 3 inches from the roofline. I am concerned that if this tree and root ball are removed it will disrupt the ground to such a degree that it could destroy the stability of the foundation of the garage. I am also concerned that if any of these nine trees and their root balls are removed it will disrupt the ground enough as to make any remaining trees unstable and possibly fall on the garage andlor- house. Has a study been done by a certified "tree removal" person in regards to removing these trees? If so, I would appreciate a copy of this persons' findings. • Page 7. Conclusion #5. "The applicant will have to work around the neighboring encroachment but the City is not in a position to deal with the two parties legal issues or uncertainties." This is not referred to in the DECISION. Can the short plat be developed without this CONCLUSION being a part of the DECISION? • Page 7. Decision opening statement. "The six -lot Short Plat is approved subject to the following conditions." In all previous pages and all previous notices this file has been referred to as a FIVE LOT SHORT PLAT. Can you please inform me as to when this was changed to a six lot short plat and how that was done without notification? Your reconsideration is respectfully requested. Paul Bariknecht WEST COAST SHOE COMPANY WESCO SINCE 1918 Vl 52828 N.W. Shoe Factory Lane P.O. Box 607 Scappoose, Oregon 97056-0607 Phone: Toll Free 1-800-326-2711 FAX 1-503-543-7110 �"e_ tiG e— e Lp V ,- Paul Barfknecht 3807 NE 19th Street Renton, WA 98056 May 20, 2004 Fred J. Kaufman Hearing Examiner City of Renton 1055 South Grady Way Renton, WA 98055 Re: Dalpay Estates Division II Short Plat Request for Reconsideration LUA-03-125, SHPL-H, ECF Dear Mr. Kaufman: Susan Bledsoe PMB 282 26828 Maple Valley Hwy Maple Valley, WA 98038 CITY OF RENITON MAY 2 0 2004 G3 2 RECEIVED CITY CITY CLERK'S OFFICE We are in receipt of your letter dated May 18, 2004. We have spoken with our attorney, John Ludlow of Hanson, Baker, Ludlow, Drumheller in Bellevue, Washington, and request that you take the following into account. The trees that Mr. Dalpay has requested to be removed are on our property by adverse possession and cannot legally be removed until this issue has been resolved between the landowners. The disputed area extends out five feet from the back of the garage building. The trees are in this disputed area and are in the disputed area of the redefined property line. With that in mind, we find your decision unsatisfactory and request an appeal in regards JI to permission to Mr. Dalpay to remove the trees. Resp9!T1 6 Pa eartecht Cc: City of Renton: 1"4 A0661-e- Susan Bledsoe Mayor Kathy Keolker-Wheeler Nancy Weil, Development Services Jason Jordan, Development Services Mr. Jim Dalpay Susan Bledsoe PMB 282 26828 Maple Valley Hwy Maple Valley, WA 98038 City Clerk City of Renton Renton City Hall April 19, 2004 RE: Dalpay Estates Division II Short Plat File No.: LUA-03-125 SHPL-H, ECF Dear City Clerk: ,_,ITY OF RENTON APR 2 7 2004 RECEIVED ,.;ITY CLERK'S OFFICE I am in receipt of the Report and Recommendation dated April 13, 2004 on the above - mentioned file. I would like to file a request for reconsideration based on the following: Page 7, Conclusion #5, "The applicant will have to work around the neighboring encroachment but the City is not in a position to deal with the two parties legal issues or uncertainties." The encroachment issue is mentioned in the CONCLUSION but is not referred to in the DECISION. I would like clarification as to whether or not the short plat can be developed if the encroachment issue has not been settled between the landowners. Page 7, Decision opening statement, "The six -lot Short Plat is approved subject to the following conditions". It was my understanding that this was a five lot short plat. Is this an honest typo or a ...? Your reconsideration is respectfully requested. Z/ 660� Susan Bledsoe 3 .. CITI OF REN TON Hearing Examiner Kathy Keolker-Wheeler, Mayor Fred J. Kaufman May 18, 2004 Susan Bledsoe Paul Barfknecht PMB 282 3807 NE 1911' Street 26828 Maple Valley Hwy Renton, WA 98056 Maple Valley, WA 98038 Re: Dalpay Estates Division II Short Plat Request for Reconsideration LUA-03-125, SHPL-H, ECF Dear Ms. Bledsoe and Mr. Barfknecht: This office has received two requests to reconsider the decision noted above. One request is from the neighboring property owner, Susan Bledsoe, and one from her tenant on that neighboring property. That second party is Mrs. Bledsoe's brother, Paul Barfknecht. First, the short plat is a five -lot short plat and that is what the decision should say. As noted in the report, this office cannot resolve private property disputes. It will be up to the property owners of the respective parcels to reach an agreement or litigate the matter. It would be best if the parties work out some arrangement that respects the current conditions but this office cannot make its ultimate decision based on the private dispute. It appears that the short platting of the subject site can be accommodated with or without an outright resolution. As far as tree removal is concerned, it will have to be done in such fashion that it does not jeopardize neighboring property which is a normal issue in working on adjacent property. Any damage inflicted' would be a matter between the parties. If this decision is unsatisfactory, the parties may appeal to the City Council not later than June 1, 2004. Sincerely, Fred J. Kaufman Hearing Examiner FJK:nt cc: Mayor Kathy Keolker-Wheeler Jay Covington, Chief Administrative Officer Neil Watts, Development Services Director Jennifer Henning, Development Services Nancy Weil, Development Services Jason Jordan, Development Services Kayren Kittrick, Development Services Boryrti'�e. �t��2.foz--� Pt � 1055 South Grady Way - Renton, Washington 98055 - (425) 430-6515 ® This paper contains 50 % recycled material, 30 % post consumer REN'TON AHEAD OF THE CURVE April 13, 2004 OFFICE OF THE HEARING EXAMINER CITY OF RENTON REPORT AND RECOMMENDATION APPLICANT: LOCATION: CONTACT: SUMMARY OF REQUEST: SUMMARY OF ACTION: DEVELOPMENT SERVICES REPORT: Dalpay and Associates 4033 NE Sunset Boulevard Renton, WA 98059 Dalpay Estates Division II Short Plat File No.: LUA-03-125 SHPL-H, ECF 3801 NE 19"' Street Ale Kondelis Cramer NW, Inc 945 North Central Kent, WA 98032 Subdivide an approximately 2.52-acre site into 5 lots intended for the development of new detached single-family homes. Development Services Recommendation: Approve with conditions The Development Services Report was received by the Examiner on March 23, 2004. PUBLIC HEARING: After reviewing the Development Services Report, examining available information on file with the application, field checking the property and surrounding area; the Examiner conducted a public hearing on the subject as follows: MINUTES The following minutes are a summary of the March 30, 2004 hearing. The legal record is recorded on CD. The hearing opened on Tuesday, March 30, 2004, at 10:23 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 Exhibit No. 2: Neighborhood Detail Map application, proof of posting, proof of publication and other documentation pertinent to this request. Exhibit No. 3: Preliminary Plat Drawing Exhibit No. 4: Tree Cutting and Land Clearing Plan Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 2 Exhibit No. 5: Zoning Map Exhibit No. 6: Memo from Sonja Fesser (also part of the Yellow File) Exhibit No. 7: Letter from Enoch V. Maffeo, attorney for Dalpay Properties, dated 4/12/01 Exhibit No. 8: Letter from John T. Ludlow, attorney for Susan Bledsoe, dated 4/18/01 Exhibit No. 9: 4/25/01 Letter from John T. Ludlow dated Exhibit No. 10A-I: Tree photos Exhibit No. 11: Drawing by Mr. Barfknecht The hearing opened with a presentation of the staff report by Kristina Catlin, Planner, Development Services, City of Renton, 1055 S Grady Way, Renton, Washington 98055. The applicant is proposing to subdivide 2.5 acres. into 5 lots. The site is located south of NE 1.9`h Street. A previously existing single-family residence on the property was demolished in 2001. Approximately 33,045 square feet of the site is proposed to be located within a Native Growth Protection Easement (NGPE) due to the presence of protected and sensitive slopes. On the tree -cutting plan, the applicant proposed to remove up to 9 coniferous trees and 7 deciduous trees which are located outside the steep slope areas. The Environmental Review Committee reviewed this project and issued a Determination of Non -Significance — Mitigated (DNS-M) with 15 mitigation measures. No appeals were filed. This property is designated Residential Single Family (RSF) on the City's Comprehensive Plan Land Use Map. It is compatible with several of the land use policies. This proposal allows 5 units where previously there was only one unit. The proposal arrives at a net density of 2.89 dwelling units per acre, which is less than the minimum density allowed in the R-8 zone. However, due to the sensitive areas in this parcel, a deduction in density is allowed. Renton Municipal Code Section 4-2-11OD. Lb allows minimum density requirements to be waived due to lot configuration, lack of access, environmental or physical constraints. The proposed lot dimensions in this short plat comply with the minimum lot standards of the R-8 zone. Setbacks in the R-8 zone require a 20' front yard, 20' rear yard and 5' on each side as well as a 15' side yard along a street setback. The ERC also required that a 25' setback be observed from the top of the steep slopes. Building height in the R-8 zone is 30', a maximum of two stories. These requirements will be evaluated at the time of individual building permits on the individual lots, which will take place after the recording of the short plat. Each unit must provide two off-street parking stalls per unit. No parking will be permitted on the private streets. The lot lines intersect NE 19`h Street at right angles. The proposed private street extending south from NE 19'h will provide access to Lots 1-3, from that point the roadway will be reduced to a shared driveway to provide access to Lots 4 and 5. Each of the lots do meet the minimum lot size, width and depth requirements. Staff does recommend the establishment of a Homeowner's Association or Maintenance Agreement. The proposal is consistent with the intent of the Comprehensive Plan and Zoning Code and would not be out of character with recent development in the area. Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 3 The proposed subdivision is expected to generate additional traffic on the City street system, the ERC imposed a Traffic Mitigation Fee. Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development. The ERC imposed a Fire Mitigation Fee. The ERC imposed a mitigation measure that the applicant be required to submit certified evidence from a structural engineer that the storm water detention vault is able to withstand the load of a 30 ton vehicle with a 322-psi point loading. The proposed short plat is exempt from detention and water quality requirements according to the 1990 King County Surface Water Design Manual. The ERC required this project to comply with the Department of Ecology's Erosion and Sediment Control Requirements as outlined in Volume II of the 2001 Stormwater Management Manual. They also required that a maintenance agreement between the owners of the new plat and the Homeowners Association of Dalpay Plat Division 1 be established so that the homeowners of the new plat would be required to participate in maintaining the storm drainage facility located on this parcel. Staff recommends approval of the Dalpay Estates Division II Short Plat, subject to 5 conditions. Jim Dalpay, PO Box 2436, Renton, WA 98059 requested that the short plat be approved as presented by the City. Susan Bledsoe, 26828 Maple Valley Highway 4282, Maple Valley, WA 98038 stated that she is the property owner of the adjoining lot and she did not receive any notification of this hearing. She is the owner of 3807 NE 19`h Street. There was no mention that there is some encroachment onto the property that Dalpay wants to develop. She presented a February 5, 2004 memo from the City of Renton Planning, Building, Public Works, to Kristina Catlin from Sonja Fesser, stating "the issue of encroachment by the adjoiner to the east of the subject short plat property will need to be resolved prior to the final approval of the short plat by the City." That is referring to some buildings on her property. She received a letter from Mr. Dalpay's attorney on April 12, 2001 regarding the encroachments, stating that we had seven days to remove the encroachments. Ms. Bledsoe hired an attorney and a letter dated April 18, 2001 was sent to Mr. Dalpay's attorney stating the history of the property and buildings on her property. Mr. Dalpay's attorney responded with a letter and an offer to purchase the property for $90,000. Ms. Bledsoe's brother and his daughter live on this property. She was not willing to move them out of their home. Ms. Bledsoe's attorney responded to the offer stating that they were not interested in selling. The Examiner asked to have someone explain the encroachment and what it means to the Dalpay project. Kristina Catlin stated that a memo was received from the Property Services Department, which addresses the encroachment of the existing single-family residence to the east of the property proposed to be developed. It does encroach onto the subject site. The memo states that that issue needs to be resolved, the City does not dictate how that issue needs to be resolved, only that there needs to be some resolution that should be reflected on the survey that is submitted for the final short plat. The Examiner stated that it may require moving things and the Examiner will need to know that before the short plat can be approved. Ms. Catlin continued that the issue of the road may mean an adjustment of five feet, the lot sizes would all still comply, the density is already underdense and would not cause any complication, it would bring it closer to compliance if any square footage was removed from the property. From an evaluation with the development standards this encroachment is not foreseen to cause any problems that would make a significant difference in the compliance of this project. Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 4 Paul Barfknecht, 3807 NE 19"' Street, Renton, 98056 stated that he had several issues, one when Dalpay I was developed Ms. Bledsoe was notified by mail, on this current project she was not notified. The issue here is the nine large trees that sit behind the garage. One tree is six feet from the back of the garage, it is 8 feet in diameter and 3 feet from the roofline of the garage. It will be very difficult to remove a tree that is so close to the garage. Mr. Barfknecht showed several pictures of the nine trees that are bordering the subject site and stated his concerns with their removal. The property was purchased in 1992 and nothing has changed since that purchase. There is also a concern about some additional trees that are slated to be removed, there is some doubt as to whether those trees are actually on the Dalpay property. Another adjacent property had an apple orchard on it and several trees. The Examiner inquired about the hammerhead driveway that will require the removal of these trees, if that could be moved, it appears that Lot 2 or 3 could have room with an alternate configuration. Ms. Catlin stated that she would have to confirm with the Fire Department, it is possible that it could be inverted so that the hammerhead portion went onto Lot 2 rather than Lot 3 while still providing a hammerhead at the same distance into the property that is now shown. Mr. Barfknecht further stated that there is a cyclone fence that goes along the side of his property. The concern is that if a road is built over the tank, how will the fence be protected. When the houses across the street were built and the cement work was done, the crew cleaned their tools and flushed the wash down the drain. Now there is cement in the drains. The tank seems that it should be cleaned out before the new houses are built and more cement goes down the drains. Mr. Dalpay stated that they would not be next to the garage, which is actually an add -on to a garage. The plat would have no connection to the garage. Kayren Kittrick, Development Services Division, 1055 South Grady Way, Renton, WA 98055. She indicated that as part of the construction that would be required with the particular short plat, an inspection by the maintenance group would be required of the state and condition of this vault and it would be required to be cleaned at that time. It will be noted that maintenance will go take a look at the tank immediately. The hammerhead that is shown on this particular plat is a non-standard design. It meets the design requirements from the Fire Department but there are other designs that can be used. The Examiner asked if the road could be placed along the west side of the property, what would that do to the bottom two lots as to where they have or do not have access. Mr. Kittrick stated that it could be moved, it has been looked at, however, Lot 5 would be lost with that change. Aleanna Kondelis, Cramer Northwest, Inc., 945 N Central, Suite 104, Kent, WA 98032 wanted to submit that the Homeowners Association in Dalpay Estates I has current restrictions to maintain and keep that vault up to standards. There will be a cooperation to come up with a new Homeowners agreement, it is important that the new development be brought into the loop on maintenance; restructuring, etc. 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 11:14 a.m. FINDINGS, CONCLUSIONS & RECOMMENDATION Having reviewed the record in this matter, the Examiner now makes and enters the following: Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 5 FINDINGS: The applicant, Dalpay and Associates, filed a request for approval of a Short Plat, 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 #1. The Environmental Review Committee (ERC), the City's responsible official, issued a Determination of Non -Significance - Mitigated (DNS-M). While short plats are generally exempt from environmental review the subject site has both sensitive and protected slopes making it subject to review. 4. The subject proposal was reviewed by all departments with an interest in the matter. The subject site is located at 3801 NE 19th Street. The subject site is located on the south side of 19th between Shelton Avenue NE on the east and Queene Avenue on the west. 6. The subject site was annexed to the City in May 1960 with the adoption of Ordinance 1827. The subject site is zoned R-8 (Single Family; 8 units/acre). 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 uses, but does not mandate such development without consideration of other policies of the Plan. 9. The subject site is approximately 2.52 acres or 110,206 square feet in size. The parcel is approximately 640 feet (north to south) deep by approximately 172 feet wide. 10. A building located on the site east of the subject site encroaches into the subject site. 11. The site slopes down from the north to the south around a ravine or swale. The site is essentially level for its first 200 feet from NE 19th Street and then drops at approximately 25% slopes and even more steeply to greater than 40% slopes. The 25% slopes are defined as sensitive and the slopes 40% are protected. 12. An existing single family home was removed from.the site in 2001 and the site is now vacant and covered with shrubs, grasses and a variety of trees. 13. The area is predominantly developed with single-family uses. A new single plat north of the subject site was developed by this applicant. That development created a detention system on the subject site that was intended to serve both that adjacent site. and the subject site. 14. The applicant proposes dividing the parcel into five lots. There would be anew private street running north to south along the east edge of the parcel. It would then narrow to an easement driveway. The new roadway would end in a hammerhead turnaround for emergency access and onsite maneuvering. 15. The proposed lots would be stacked north to south across the width of the parcel. Proposed Lot 1 would be the northernmost lot. It would be 60 feet deep and approximately 172 feet long. Proposed Lots 2, 3 Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 6 and 4 would each be approximately 50 feet wide by the same 172 feet long. Proposed Lot 5 would be the largest lot and encompass the steep sloped areas. It would be approximately 420 feet deep and, again, 172 feet long. Proposed Lot I is approximately 10,320 square feet, while Proposed Lots 2, 3 and 4 are all just over 8,600 square feet. Proposed Lot 5 is approximately 72,332 square feet. 16. In order to develop the lots and access ways, the applicant proposes removing 16 trees of 33 located outside of the slope areas. Trees within the steep sloped areas will be retained in a native growth protection easement. 17. Staff noted that NE 19th Street does not provide standard width and that the applicant will have to dedicate 10 feet along the frontage to widen the street. The applicant will also have to provide standard frontage improvements including curb, gutter and sidewalk. 18. As noted above, the applicant proposes a private road that will be 26 feet wide and have 20 feet of paving. The road would then narrow to 20 feet as it enters Proposed Lots 4 and 5 where it would become a private driveway. Staff has recommended that the applicant restrict parking on the private access ways to permit access by emergency services. In order to reduce the number of adjacent curb cuts, staff recommended that Proposed Lot 1 be restricted to access via the easement roadway. 19. The site is located in the Renton School District which assigns students on a space available basis. The proposed development would generate approximately two additional school students. 20. Density is calculated after subtracting the private roadway, the street dedication and the critical areas, in this case, slopes. Code generally requires a density of between 5 and 8 units per acre but does allow reductions when environmental or physical constraints limit development potential (Section 4-2- 110D.1.6). As proposed, the density of the plat will be approximately 2.89 units per acre. 21. The development will generate a total of approximately 50 vehicle trips per day. 22. As noted above, the subject site has already developed a stormwater detention vault that serves a neighboring property. The applicant proposes developing the private roadway over the vault. The Fire Department has required that the vault be able to withstand the loading of a 30-ton vehicle with a 322- psi point loading. The site will have to comply with the Department of Ecology's erosion measures of their 2001 manual. 23. The subject site is located in Aquifer Protection Zone 2. 24. The subject site will receive domestic water and sanitary sewer service from the City. 25. The neighbor with the encroaching building is concerned that development will not harm their property rights. Staf noted even if there is a lot size reduction due to the encroachment, there is sufficient area to permit the development of five lots. CONCLUSIONS: The proposed division of the subject site appears to serve the public use and interest. The development both increases the stock of additional lots for housing choices while preserving the environmentally sensitive steep slopes. 2. The proposed density of 2.89 units per acre is appropriate given the acreage constrained by the steep Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 7 slopes. In addition, the applicant has to provide both dedicated right-of-way along 19th as well as a private roadway. The proposed five lots is sufficient given these limitations, 3. The proposed short subdivision creates new single-family lots in an area where urban services are available. The development provides for a variety of lot sizes including the large lot with the natural ravine and vegetation. 4. The ERC required the payment of mitigation fees that will help to offset the impacts of the additional housing on parks, traffic and fire services. The applicant will be required to provide erosion control measures specified by the Department of Ecology. This should help protect the ravine and downstream watercourses. The applicant will have to work around the neighboring encroachment but the City is not in a position to deal with the two parties' legal issues or uncertainties. 6. In conclusion the proposed Short Plat appears reasonable in light of the constraints found on the subject site. DECISION: The six -lot Short Plat is approved subject to the following conditions: The applicant shall comply with all of the mitigation measures imposed by the City of Renton's Environmental Review Committee. 2. The portion of the proposed private street crossing Lots 1-3 shall be posted with"No Parking — Fire Lane" prior to short plat recording. A note shall be placed on the face of the short plat requiring Lot l to take access from the private street. 4. A homeowner's association or maintenance agreement shall be established for the maintenance of the private street and shared utility improvements prior to short plat recording. The applicant shall dedicate a 10-foot strip along the north property line of the site as right-of-way prior to short plat recording. ORDERED THIS 13th day of April 2004. FRED J. KAUF N HEARING EXA INER TRANSMITTED THIS 13th day of April, 2004 to the parties of record: Kristina Catlin Jim Dalpay Susan Bledsoe 1055 S Grady Way P.O. Box 2436 26828 Maple Valley Highway #282 Renton, WA 98055 Renton, WA 98059 Maple Valley, WA 98038 Dalpay Estates II Short Plat File No.:LUA-03-125, SHPL-H, ECF April 13, 2004 Page 8 Kayren Kittrick Paul Barfknecht 1055 South Grady Way 3708 NE 19°i Street Renton, WA 98055 Renton, WA 98056 TRANSMITTED THIS l3th day of April 2004 to the following: Mayor Kathy Keolker-Wheeler Members, Renton Planning Commission Larry Rude, Fire, Deputy Chief Lawrence J. Warren, City Attorney Transportation Systems Division Utilities System Division Janet Conklin, Development Services King County Journal Aleanna Kondelis Cramer NW, Inc 945 North Central Kent, WA 98032 Gregg Zimmerman, Plan/Bldg/PW Admin. Neil Watts, Development Services Director Alex Pietsch, Econ. Dev. Administrator Larry Meckling, Building Official Jay Covington, Chief Administrative Officer Julia Medzegian, Council Liaison Jennifer Henning, Development Services Patrick Roduin, Development Services Pursuant to Title IV, Chapter 8, Section 100Oof the City's Code, request for reconsideration must be filed in writing on or before 5:00 p.m., April 27, 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 writing on or before 5:00 p.m., April 27, 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 processing 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. D6 - 3 T23N RSE W 1/2 cy- i uu. S.0 r4 P4 L---J to . .. ... .... I - J.-LuS co Z u __ , r' U . !P4. C\2 ") 7:1 :9 cn . . . . ........ . A w _---W ;, C) -dY Cd CD C) w 'Id LTIZzj I I ry t CO m C) 01—C coL Nco .... ..... cc ra n Lam' LD aoluolq �N I I V, 2 @AV —r-- rl \X�X� ry I Z/1 M asx NEU t - SG City of Renton P/B/PW Department Report to the Hearing Examiner DALPAY ESTATES DIVISION If SHORT PLAT LUA-03-125, SHPL-H, ECF PUBLIC HEARING DATE: MARCH 30, 2004 Page 11 of 11 Property Services See attached memo from Sonja Fesser dated February 5, 2004. Plan Review — General 1. Separate permits for the side sewer connections, water meters, and storm drainage connections are required. 2. The applicant shall be responsible for securing all necessary easements for utilities. 3. All new rockeries or retaining walls to be constructed that area greater than 4 feet in height will require a separate building permit for structural review. 4. All wire utilities shall be installed underground per the City of Renton Under Grounding Ordinance. If three or more posed are required to be moved by the development design, all existing overhead utilities shall be placed underground. EXPIRATION PERIOD FOR SHORT PLATS: If the short plat is not filed within two (2) years of the dates of approval, the short plat shall be null and void. hex report.doc CITY OF RENTON e SHORT PLAT N0. KING COUNTY. WASHINGTON RN'l crm op ?t'&"rw smoar PzAr ZW" S. AnV ZffJ3 OX A 0JP 39ClYOX -4 f0VX=V A JV0fi= R/X= 6 XWT, 1•J!, N0. 1 Inch - 40 FT. N.E. 1/4, S.E. 1/4. SEC. 4. T. 23 NOMM. R. b EAST. W.M. mmomamm. aaa� LAND USE ACTION NUMBER: LAND LUA— LND— �� r ►.!,>�R tf �� .. _ ei¢ � aM ta-n ><d Ps W Ilile!' . �,. ��. .,�4��� •oe01 •e• � �• Ig11I11INf IliOlt aeoo�efeR aao �woVu► .raon aN-.vaa Survupon Plannan ! Enpimas n XM °0Masm 9" L Ci nW. IM 4104 Mr. WA ee07! rofaa oATM Na f/; ss y4 ea �. T. n ua�nt a a ow rY CAM Rwo 1-(eto)Sa1-a a (ht M.) r ion.. ,e e. soo4 zoat-tet -fleet �t.M) « nwnvan„ OdfL 1 kWh - 40 Fr. 2 SKING CITY OF RENTON SHORT PLAT N0.____—____ COUNTY, WASHINGTON RECORDING NO. VOL./PAGE CITY OF RENTON SHORT PLAT DALPAY ESTATES DMSION 2 SCALE: GBAPMC SCALE 1.-40' LOCATED IN THE N.E. 114, OF THE S.E. 1/4, 1 inch 40 FT. OF SECTION 4, TOWNSHIP 28 NORTH, RANGE S EAST, 1F,M., . 40 0 40 KING COUNTY, WASHINGTON PORTION OF: N.E. 1/4, S.E. 1/4, SEC. 4, T. 23 NORTH, R. 5 EAST, W.M.' out LAND USE ACTION NUMBER: LAND RECORD NUMBER: saoYsosew 2eesaeo' oEUJ _ _ - --� :Zla raeAelo• LUA— LNO- r f o � tB>� 1 31, �afbeigbCbau hillmotiffill 'lilt l �p try tr 12y1JLt„il=i �FtibBg��pp4gqVgq4{{�ggk1yyC���AyylRybl. - � ���t�d§IR�E��eGC�C�C V eCCR-RCRRR^�'C�RRR�� w � 10 u „ 11- <1 tA)l m'S'Y e.v.uf' e �' -1 - 1 - 1 4fV.111'I if -- ----- -- ----- r-_A - �. . — .............. : : t1 .,, _---. -----. _. IL t�I w rake iOF,"Aeeee' 6 a nhR +a '� oko 11MM XIMATTON Cramer Northwest Inc. a1aTRLww um. Surveyors Planners do Englneers p OEODWM e00 nap aunty CONTROL MENMp: 945, H. CENTRAL. STE. 0104. KENT, WA 99032 CLOSED tow TRAVER SE YO " CLOSURC 1:2000 (253)852-4080 (level) In CDYRuuax NTH 1-(800)251-01e9 (toll fro*) ) emumor MAAA = 130-00 (253)SS2-4955 (fax) E-MAILt enl0cramvrnw,eem EISTWMENT USEDIMOAK7ER SOO AND/OR MKON OTM-AIOLO METNOO: MWERS'E ExCMW KVLW Y M OF VAC. 332-130-ee6 INKOW DATA: ME W S.E 1/A SIC. A T. 23 mom. A S Ew,, V.Y. DRAWN BY: DATE: JOB N0,1 T.E.C. Fri., Dec. 19. 2003 20OJ-101 CHECKED BYl SCALD SHEET: O.B.N. 1 inch - 40 FT. 2 nF 2 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on 6/23/2004 for CAG-04-076, 2004 Overlay Project EXHIBITS: Staff Recommendation Bid Tabulation Sheet (three bids) AI #: AGENDA OF: June 28, AGENDA STATUS: Consent......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Council concur Finance Dept.... Other. II FISCAL IMPACT: Expenditure Required... $640,739.38 Transfer/Amendment.. Amount Budgeted........ $690,000.00 Revenue Generated... II Total Project Budget... City Share Total Project... SUMMARY OF ACTION: Engineer's Estimate: $626,015.66. RECOMMENDED ACTION: In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within the project budget, and there were no irregularities. Therefore staff recommends acceptance of the low bid submitted by ICON Materials in the amount of $640,739.38. (The bid prices came in higher than expected due to higher fuel costs.) CITY OF RENTON PLANNINGBUILDING/PUBLIC WORKS MEMORANDUM DATE: June 23, 2004 TO: Bonnie Walton, City Clerk CC: Leslie Lahndt James Wilhoit FROM: Bill Wressell, X-7400 O�A) SUBJECT: 2004 Overlay The Transportation Division recommends that the bid from ICON Materials be accepted and the contract for the subject project be awarded, in the amount of $640,739.38. The total budget for the project is $690,000 and is funded by The Street Overlay Program, The Arterial Rehabilitation Program, and Water Engineering. The Engineer's estimate for the construction of the 2004 Overlay, under this contract, is $626,015.66. If you have any additional questions or concerns please give me a call. clerkl CITY OF RENTON BID TABULATION SHEET 'ROJECT: 2004 Overlay; CAG-04-076 DATE: June 23, 2004 FORMS BID BIDDER Bid Triple Includes 8.8% Sales Tax Bond Form ICON Materials X X $640,739.38 PO Box 88050 Tukwila, WA 98138 Pat Skube Lakeside Industries X X $672,309.64 18808 SE 257th St. Covington, WA 98042 Craig Nickel Western Asphalt, Inc. X X $654,214.54 PO Box 980 Maple Valley, WA 98038 Lance Leeper ENGINEER'S ESTIMATE TOTAL: $626,015.66 i.EGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage 2003 OVERLAY BID TAB City of Renton Contractor. ICON Materials, Contractor: Western Asphalt, Inl Contractor. Lakeside Industri BID DATE: June 23, 2004 Engineers Estimate Item Description Unit Est, Unit Bid Unit Bid Unit Bid Unit Bid No. Quantity Price Amount Price Amount Price Amount Price Amount SCHEDULE"A" 001. Mobilization LS 1.0 $2,000.00 $2,000.00 $11,000.00 $11,000.00 S6,064.80 $6,064.80 $8,000.00 $8,000.00 002. Traffic Control LS 1.0 $1,500.00 $1,500.00 $11,100.00 $11,100.00 $6,000.00 $6,000.00 $5,000.00 $5,000.00 003. Asphalt Concrete Paving Ton 555.0 $42.00 $23,310.00 $44.00 $24,420.00 $44.72 $24.819.60 S41.00 $22,755.00 Class 'B' Including Asphalt 004. Removal of Asphalt Concrete SY 2083.0 $3.00 $6,249.00 $8.00 $16,664.00 $6.00 $12,498.00 $6.00 $12,498.00 Pavement (by Cold Planing) 005. Adjust Monument Each 2.00 $225.00 S450.00 $317.00 $634.00 $480.00 $960.00 $250.00 $500.00 006. Adjust Manhole Each 7.0 $375.00 $2,625.00 $470.00 $3.290.00 $360.00 $2,520.00 $350-00 $2,450.00 007. Adjust Valve Box Each 7.0 S225.00 $1,575.00 $240.00 $1.680.00 $204.00 S1,428.00 $250.00 $1,750.00 008. Adjust Catch Basin Each 2.0 $375.00 $750.00 $475.00 $950.00 $360.00 $720.00 $350.00 $700.00 009. Plastic Stop Bar (18' Wide) LF 38.0 $3,25 $123.50 $5.00 $190.00 $4.80 $182.40 $3.25 $123.50 010. 4' Raised Pavement Marker Each 5.0 S5.00 S25.00 $8.00 S40.00 $8.40 $42.00 $6.50 $32.50 Type 2, Blue Ott. Finish and Clean Up LS 1.0 $500.00 $500.00 $1,400.00 $1,400.00 $3,000.00 $3,000.00 $2,000.00 $2,000.00 Total Schedule "A" $39,107.50 $71,368.00 S58,234.80 $55,809.00 SCHEDULE"B" 001. Mobilization LS 1.0 $50,000.00 $50,000.00 $41,500.00 $41,500.00 $54,583.20 $54,583.20 $70,000.00 $70.000.00 002. Traffic Control LS 1.0 $85,000.00 $85,000.00 $18,700.00 $18,700.00 $45,600.00 $45,600.00 $90,000.00 $90,000.00 003. Asphalt Concrete Paving(Ove Ton 7646.0 $42.00 $321,132.00 $42.50 $324,955.00 $44,72 $341,929.12 $41.00 $313,486.00 Class "B" Including Asphalt 004. Removal of Asphalt Concrete SY 6805.0 $3.00 $20,415.00 S10.00 $68,050.00 $6.00 S40,830.00 S6.00 $40,830.00 Pavement (by Cold Planing) 005. Adjust Monument Each 35.0 $225.00 $7,875.00 $317.00 $11,095.00 $480.00 $16,800.00 $250.00 $8,750.00 006. Adjust Manhole Each 117.00 $375.00 $43,875.00 $470.00 $54,990.00 $360.00 $42,120.00 $350.00 $40.950.00 007. Adjust Valve Box Each 88.0 $275.00 $24,200.00 $240.00 S21,120.00 $204.00 S17,952.00 S250.00 $22,000.00 008. Adjust Catch Basin Each 15.0 S375.00 $5,625.00 $470.00 $7,050.00 $360.00 S5,400.00 S350.00 $5,250.00 009. 4' Raised Pavement Marker Each 1991.0 $1.70 $3,384.70 $2.00 $3,982.00 $1.68 $3,344.88 $1.40 $2,787.40 Type 1, Yellow 010. 4' Raised Pavement Marker Each 247.0 $2.50 $617.50 $3.00 $741.00 $3.48 $859.56 $3.00 $741.00 Type 2d, Yellow 011. 4" Raised Pavement Marker Each 386.0 $1.70 $656.20 $0.50 $193.00 $1.68 $648.48 $1.40 $540.40 Type 1, White 012. 4' Raised Pavement Marker Each 38.0 $2.50 $95.00 $1.50 $57.00 $3.48 $132.24 $3.00 $114.00 Type 2e, White 013. 4' Raised Pavement Marker Each 50.0 $5.00 $250.00 $7.50 $375.00 $8.40 $420.00 $6.50 $325.00 Type 2, Blue 014. Plastic Crosswalk LF 1320.0 $1.60 $2,112.00 $0.10 $132.00 $2.40 $3,168.00 $1.75 $2,310.00 (8'Wide) 015. Plastic Stop Bar (18" Wide) LF 273.0 $3.10 $846.30 S4.00 $1,092.00 $3.60 $982.80 $3.25 $887.25 016. Plastic Arrow Each 12.0 $80.00 $960.00 $48.00 $576.00 $54.00 $648.00 $40.00 $480.00 017. Inducton Loops Each 12.0 $500.00 $6,000.00 $430.00 $5,160.00 $480.00 $5,760.00 S400.00 $4,800.00 018. 4' White Edge of Road line LF 2820.0 $0.15 S423.00 $0.15 $423.00 $0.24 $676.80 $0.12 $338.40 019. Finish and Clean Up LS 1.0 $10,000.00 $10,000.00 $2,900.00 $2,900.00 $9,000.00 $9,000.00 $7,000.00 $7,000.00 Total Schedule "A" $39,107.50 $71,368.00 $58,234.80 $55,809.00 8.8 Sales Tax on Sch "A" only $3,441.46 $6,280.38 $5,124.66 S4,911.19 Total Schedule "B" $583,466.70 $563,091.00 $590,855.08 $611,589.45 Total Schedules "A" and "B" $626,015.66 $640,739.38 $654,214.54 $672,309.64 04-a1DTAa.%Is W3/2004 CITY OF RENTON COUNCIL AGENDA BILL Dept/Div/Board... City Clerk Staff Contact...... Bonnie Walton SUBJECT: Bid opening on 6/23/2004 for CAG-04-087, Carpet Replacement at Renton Main Library EXHIBITS: Staff Recommendation Bid Tabulation Sheet (one bid) AI #: : June 28, 2004 AGENDA STATUS: Consent......... X Public Hearing.. Correspondence.. Ordinance....... Resolution...... Old Business.... New Business.... Study Session... Other........... RECOMMENDED ACTION: APPROVALS: Legal Dept...... Refer to Finance Committee Finance Dept.... Other. FISCAL IMPACT: Expenditure Required... $69,692.67 Transfer/Amendment.. Amount Budgeted........ $70,000.00 Revenue Generated... Total Project Budget... City Share Total Proje SUMMARY OF ACTION: Engineer's Estimate: $70,000 RECOMMENDED ACTION: In accordance with Council procedure, bids submitted at the subject bid opening met the following criteria: The low bid was within the project budget, and there were no irregularities. The bid submitted by Decor Carpets, Inc. in the amount of $69,692.67, however, was the only bid received. Council procedure requires committee review when only one bid is received; therefore, staff recommends referral of the bid to Community Services Committee. MEMORANDUM CITY OF RENTON COMMUNITY SERVICES 0 Committed to Enriching Lives 0 TO: Bonnie Walton, City Clerk FROM: Dennis Conte, Ext 6643 SUBJECT: Carpet Replacement for Renton Main Library DATE: June 23, 2004 On June 23, 2004 bids were opened and publicly read for the Carpet Replacement Project for the Renton Main Library. The City received 1 (one) bid and no irregularities were found in the bid. D6cor Carpet, Inc. of Renton, Washington submitted a bid in the amount of $69,692.67 for replacing the carpet. The projected budget amount of this project in the Community Services/Facilities 2004 Capital Improvement Project Account is $70,000. The Community Services Department recommends that the bid be referred to the Finance Committee Meeting of July 12, 2004. Due to the carpet producer's schedule, the Facilities Division also recommends that the Recommendation go into Committee as soon as possible. If there are any questions, please feel free to contact me at 425-430-6643 or Greg Stroh at extension 6614. cc: Dennis Culp Peter Renner Greg Stroh CITY OF RENTON BID TABULATION SHEET ROJECT: Carpet Replacement at Renton Main Library; CAG-04-087 DATE: June 23, 2004 ENGINEER'S ESTEWATE -EGEND: Forms: Triple Form: Non -Collusion Affidavit, Anti -Trust Claims, Minimum Wage TOTAL: $70,000.00 CITY OF RENTON COUNCIL AGENDA BILL SUBMITTING DATA: Dept/Div/Board.. AJLS/City Clerk Staff Contact... Bonnie Walton SUBJECT: CRT-04-005; Court Case — David B. Delaune v. City of Renton EXHIBITS: Summons and Complaint Al #: OF: June 28, 2004 AGENDA STATUS: Consent ......... XX Public Hearing.. Correspondence.. Ordinance... Resolution.. . Old Business....... New Business...... Study Session.... Other.... OMMENDED ACTION: APPROVALS: Legal Dept...... Refer to City Attorney and Insurance Services Finance Dept.... Other........... FISCAL IMPACT: Expenditure Required... Transfer/Amendment.. Amount Budgeted ........ Revenue Generated... SUMMARY OF ACTION: Summons and Complaint filed in King County Superior Court on behalf of David B. Delaune by Dale J. Holland, Attorney at Law, 1810 Cole St., Enumclaw, 98022, seeking compensation for injuries received from falling on a sidewalk located on the east side of Raymond Ave. on April 25, 2001, allegedly due to a negligently maintained City sidewalk. TO COS4 �� , rroSt�l�'O CITY OF RENTON KING L 6 JUN 1 2004 J U N 18 2004 g r!�T OF:RECEIVED "".�, CITY CLERK'S OFFICE 10 12 14 16 KING COUNTY SUPERIOR COURT STATE OF WASHINGTON 18 20 ) NO. . 22 DAVID B. DEL_ AUNE, O 4 ®2 m 1 4 4 2 8 1KNT Plaintiff, ) 24 V. ) :SUMMONS 26 CITY OF RENTON, a Washington ) Municipal corporation, ) 28 Defendant. ) 30 32 TO: CITY OF RENTON, Defendant: 34 A lawsuit has been started against you in the above -entitled court by DAVID B. DELAUNE, Plaintiff. Plaintiffs claim is stated in the written Complaint, a copy of 36 which is served upon you with this summons. 38 In order to defend against this lawsuit, you must respond to. the complaint by stating your defense in writing, and by serving a copy upon the .person signing this 40 summons within 20 days after the service of this summons, excluding the day of service, and file a copy with the court named above. If you do not, a default 42 judgment may be entered against you without prior notice. A default judgment is one where plaintiff is entitled to what he/she asks for because you have not 44 .responded. If you serve a notice of appearance on the undersigned person, you are 46 entitled to notice before a default judgment may be entered. You may demand that the plaintiff file this lawsuit with the court, .If you do 48 so, the demand must be in writing and must be served upon the person signing this summons. Within 14 days after you serve the demand, the plaintiff must file this lawsuit with the court, or the service on you of this summons: and complaint will be void. - ec: mayor COMPLAINT Pak [n Page 1 B / fnj �0 DALE L HOLLAND ATTORNEY AT LAW 1810 Cole Street Enumclaw, WA 98022 (360) 825-3757 If you wish to seek the advice of an attorney in this matter, you should do so 2 promptly so that.your written response, if any, may be served and filed with the court on time. 4 This Summons is issued pursuant to Rule 4 of the Superior Court Civil Rules of 6 the State of Washington. 8 �/- DATED this 4 day of V Ll ?'Lt 10 12 kJ.HOL 14D AND 16 WSBA # 23247. Attorney for Plaintiff . 18 - 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 COMPLAINT DALE J. HOLLAND Page 2 ATTORNEYATLAW 1810 Cole Street Enumclaw, WA 98022 (360) 825-3757 2 4 6 8 10 12 14 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 f WE KING COLT jy, �'VA ,HINOTON JUN 17 2004' E NT UIsPA M&ENT OFTP A77- CITY OF RERUN JUN 18 2004 RECVED CITY C ERK S OFFICE KING COUNTY SUPERIOR COURT STATE OF WASHINGTON NO. DAVID B. DELAUNE, 04 m 2_ 14 4 2 8® 1 Plaintiff, ) v ) COMPLAINT FOR DAMAGES CITY OF RENTON, a Washington Municipal corporation, Defendant. COMES NOW plaintiff DAVID B. DELAUNE, and complainsand. alleges as follows: I. JURISDICTION 1.1 At all times relevant hereto plaintiff DAVID B. DELAUNE, was a resident of King County, Washington. 1.2 At all times relevant hereto defendant, CITY OF RENTON, was a Washington municipal corporation. 1.3 The negligent acts and damages alleged herein occurred in the City of Renton, King County, Washington. 1.4 Pursuant to- RCW 4.96.020, the Plaintiff filed a claim against the COMPLAINT Page 1 L J DALE J. HOLLAND ATTORNEY AT LAW 1810 Cole Street Enumclaw, WA 9M (360) 825-3757 Defendant on February 23, 2004. More than 60 days have elapsed since the service 2 of this claim. 4 6 II. PARTIES 8 2.1 At the time of the negligent acts alleged herein and at all times relevant 10 hereto plaintiff was a married person. 12 2.2 At the time of the negligent acts and omissions alleged herein and at all 14 times relevant hereto the defendant was a Washington municipal co poration in 16 King County Washington, and all acts and omissions of negligence alleged herein 18 were performed on behalf of and for the benefit of said muni 20 cipal corporation. 22 III. NEGLIGENCE 24 3.1 On or about April 25t', 2001, defendant, CITY OF RENTON, negligently 26 maintained a city sidewalk on the East side of Raymond Avenue in the City of 28 Renton, King County, Washington., 30 3.2 As a direct and proximate result of such negligence plaintiff DAVID B. 32 DELAUNE tripped and fell, and was injured. 34 3.3 Said trip and fall was the direct and proximate cause ofplaintiff s injuries 36 38 and damages alleged herein. 40 IV. DAMAGES 42 4.1 As a direct and proximate result of the negligence alleged herein,.plaintiff 44 has suffered severe physical injuries and is entitled to be -compensated for his 46 . . injuries. 48 4.2 As a direct and proximate result of the negligence alleged herein, plaintiff COMPLAINT DALE J. HOLLAND Page 2 ATTORNEY AT LAW 1810 Cole Street Enumclaw, WA 98022 (360) 825-3757 2 has incurred and will continue to incur medical expenses and other out of pocket expenses and is entitled to be compensated therefore. 4 6 4.3 As a direct and proximate result of the negligence alleged herein plaintiff 8 has suffered and will continue to suffer severe physical pain and suffering and is 10 entitled to be compensated therefore. 12 4.4 As a direct and. proximate result of the negligence alleged herein, plaintiff 14 has suffered severe mental and emotional distress and is entitled to be compensated 16 therefore. 18 20 4.6 Plaintiff is entitled to costs, disbursements and attorney fees herein. 22 WHEREFORE plaintiff prays: 24 V. RELIEF SOUGHT 26 5.1 For an award of damages compensating plaintiff for his physical injuries 28 in an amount to be proven at trial. 30 , 5.2 For an award of damages compensating plaintiff for his past and future 32 medical and out-of-pocket expenses, in an amount to be proven at trial. 34 5.3 For an award of damages compensating plaintiff for his past and future 36 38 pain and suffering in an amount to be proven at trial. 40 5.4 For anaward of damages compensating.plaintiff for his past and future 42 mental and emotional distress in an amount to be proven attrial. 44 5.5 For an award of damages compensating plaintiff for their costs, 46 disbursements, and attorney fees Herein in an amount to be proven at trial. 48 5.6 For such other and further relief as the court deems just and equitable. COMPLAINT DALE J. HOLLAND Page 3 ATTORNEY AT LAW 1810 Cole Street Enumclaw, WA 98022 (360)' 825-3757 2 4 6 8 10 12 14 N 16 18 20 22 24 26 28 30 32 34 36 38 40 42 44 46 48 e-- 9 Dated this J _ day of _ WI 2004. Dale J. Holland WSBA #23247 Attorney for Plaintiff I, DAVID B. DELAUNE, declare under penalty of perjury under the laws of the State of Washington that the foregoing is a true and correct. Signed at '�%%11d,(,fv', on L/ "DAVIDB.LJNE Plaintiff r COMPLAINT DALE J. HOLLAND Page 4 ATTORNEY AT LAW 1810 Cole Street Enumclaw WA 98022 (360) 825-3757 CITY OF RFN-rON JUN 18 2004 RECEIVED CITY CLERK'S OFFICE IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON DELAUNE vs CITY OF RENTON IN AND FOR THE COUNTY OF KING Plaintiff(s) NO. 04-2-14428-1 KNT Order Setting Civil Case Schedule (" ORSCS) ASSIGNED JUDGE Shaffer 11 FILE DATE: 06/17/2004 TRIAL DATE: 11/28/2005 A civil case has been filed in the King County Superior Court and will be managed by the Case Schedule on Page 3 as ordered by the King County Superior Court Presiding Judge. 1. NOTICES NOTICE TO PLAINTIFF: The Plaintiff may serve a copy of this Order Setting Case Schedule (Schedule) on the Defendant(s) along with the Summons and Complaint/Petition. Otherwise, the Plaintiff shall serve the Schedule on the Defendant(s) within 10 days after the later of: (1) the filing of the Summons and Complaint/Petition or (2) service of the Defendant's first response to the Complaint/Petition, whether that response is a Notice of Appearance, a response, or a Civil Rule 12 (CR 12) motion. The Schedule may be served by regular mail, with proof of mailing to be filed promptly in the form required by Civil Rule 5 (CR 5). "I understand that I am required to give a copy of these documents to all parties in this case." Print Name Sign Name Order Setting Civil Case Schedule ("ORSCS) 1 I. NOTICES (continued) NOTICE TO ALL PARTIES: All attorneys and parties should make themselves familiar with the King County Local Rules [KCLR] -- especially those referred to in this Schedule. In order to comply with the Schedule, it will be necessary for attorneys and parties to pursue their cases vigorously from the day the case is filed. For example, discovery must be undertaken promptly in order to comply with the deadlines for joining additional parties, claims, and defenses, for disclosing possible witnesses [See KCLR 261, and for meeting the discovery cutoff date [See KCLR 37(g)]. SHOW CAUSE HEARINGS FOR CIVIL CASES [King County Local Rule 4(g)] A Confirmation of Joinder, Claims and Defenses or a Statement of Arbitrability must be filed by the deadline in the schedule. A review of the case will be undertaken to confirm service of the original complaint and to verify that all answers to claims, counterclaims and cross -claims have been filed. If those mandatory pleadings are not in the file, a Show Cause Hearing will be set before the chief civil or RJC judge. The Order to Show Cause will be mailed to all parties and designated parties or counsel are required to attend. PENDING DUE DATES CANCELED BY FILING PAPERS THAT RESOLVE THE CASE: When a final decree, judgment, or order of dismissal of all parties and claims is filed with the Superior Court Clerk's Office, and a courtesy copy delivered to the assigned judge, all pending due dates in this Schedule are automatically canceled, including the scheduled Trial Date. It is the responsibility of the parties to 1) file such dispositive documents within 45 days of the resolution of the case, and 2) strike any pending motions by notifying the bailiff to the assigned judge. Parties may also authorize the Superior Court to strike all pending due dates and the Trial Date by filing a Notice of Settlement pursuant to KCLR 41, and forwarding a courtesy copy to the assigned judge. If a final decree, judgment or order of dismissal of all parties and claims is not filed by 45 days after a Notice of Settlement, the case may be dismissed with notice. If you miss your scheduled Trial Date, the Superior Court Clerk is authorized by KCLR 41(b)(2)(A) to present an Order of Dismissal, without notice, for failure to appear at the scheduled Trial Date. NOTICES OF APPEARANCE OR WITHDRAWAL AND ADDRESS CHANGES: All parties to this action must keep the court informed of their addresses. When a Notice of Appearance/Withdrawal or Notice of Change of Address is filed with the Superior Court Clerk's Office, parties must provide the assigned judge with a courtesy copy. ARBITRATION FILING AND TRIAL DE NOVO POST ARBITRATION FEE: A Statement of Arbitrability must be filed by the deadline on the schedule if the case is subject to mandatory arbitration and service of the original complaint and all answers to claims, counterclaims and cross -claims have been filed. If mandatory arbitration is required after the deadline, parties must obtain an order from the assigned judge transferring the case to arbitration. Any party filing a Statement must pay a $220 arbitration fee. If a party seeks a trial de novo when an arbitration award is appealed, a fee of $250 and the request for trial de novo must be filed with the Clerk's Office Cashiers. NOTICE OF NON-COMPLIANCE FEES: All parties will be assessed a fee authorized by King County Code 4.71.050 whenever the Superior Court Clerk must send notice of non-compliance of schedule requirements and/or Local Rule 41. King County Local Rules are available for viewing at www.metrokc.gov/kcscc. Order Setting Civil Case Schedule (" ORSCS) 2 II. CASE SCHEDULE DEADLINE or Filing CASE EVENT EVENT DATE Needed Case Filed and Schedule Issued. 06/17/2004 Confirmation of Service [See KCLR 4.1]. 07/15/2004 Last Day for Filing Statement of Arbitrability without a Showing of Good Cause for Late Filing [See KCLMAR 2.1(a) and Notices on Page 2]. $220 arbitration fee must be paid 11/25/2004 DEADLINE to file Confirmation of Joinder if not subject to Arbitration. [See KCLR 4.2(a) and Notices on Page 21. Show Cause hearing will be set if Confirmation is not filed. 11/25/2004 DEADLINE for Hearing Motions to Change Case Assignment Area [See KCLR 82(e)]. 12/09/2004 DEADLINE for Disclosure of Possible Primary Witnesses [See KCLR 26(b)]. 06/27/2005 DEADLINE for Disclosure of Possible Additional Witnesses [See KCLR 26(b)]. 08/08/2005 DEADLINE for Jury Demand [See KCLR 38(b)(2)]. 08/22/2005 DEADLINE for Setting Motion for a Change in Trial Date [See KCLR 40(e)(2)]. 08/22/2005 DEADLINE for Discovery Cutoff [See KCLR 37(g)]. 10/10/2005 DEADLINE for Engaging in Alternative Dispute Resolution [See KCLR 16(c)]. 10/31/2005 DEADLINE for Exchange Witness & Exhibit Lists & Documentary Exhibits [See KCLR 16(a)(4)]. 11/07/2005 DEADLINE to file Joint Confirmation of Trial Readiness [See KCLR 16(a)(2)] 11/07/2005 DEADLINE for Hearing Dispositive Pretrial Motions [See KCLR 56, CR 56]. 11/14/2005 Joint Statement of Evidence [See KCLR 16(a)(5)]. 11/21/2005 Trial Date [See KCLR 40]. 11/28/2005 * Indicates a document that must be filed with the Superior Court Clerk's Office by the date shown. Ill. ORDER Pursuant to King County Local Rule 4 [KCLR 4], IT IS ORDERED that the parties shall comply with the schedule listed above. Penalties, including but not limited to sanctions set forth in Local Rule 4(g) and Rule 37 of the Superior Court Civil Rules, may be imposed for non-compliance. It is FURTHER ORDERED that the party filing this action must serve this Order Setting Civil Case Schedule and attachment on all other parties. DATED: 06/17/2004) PRESIDING JUDGE Order Setting Civil Case Schedule (*ORSCS) IV. ORDER ON CIVIL PROCEEDINGS FOR ASSIGNMENT TO JUDGE READ THIS ORDER PRIOR TO CONTACTING YOUR ASSIGNED JUDGE This case is assigned to the Superior Court Judge whose name appears in the caption of this Schedule. The assigned Superior Court Judge will preside over and manage this case for all pre-trial matters. COMPLEX LITIGATION: If you anticipate an unusually complex or lengthy trial, please notify the assigned court as soon as possible. The following procedures hereafter apply to the processing of this case: APPLICABLE RULES: a. Except as specifically modified below, all the provisions of King County Local Rules 4 through-26 shall apply to the processing of civil cases before Superior Court Judges. CASE SCHEDULE AND REQUIREMENTS: A. Show Cause Hearing: A Show Cause Hearing will be held before the Chief Civil/Chief RJC judge if the case does not have confirmation of service on all parties, answers to all claims, crossclaims, or counterclaims as well as the confirmation of joinder or statement of arbitrability filed before the deadline in the attached case schedule. All parties will receive an Order to Show Cause that will set a specific date and time for the hearing. Parties and/or counsel who are required to attend will be named in the order. B. Pretrial Order: An order directing completion of a Joint Confirmation of Trial Readiness Report will be mailed to all parties approximately six (6) weeks before trial. This order will contain deadline dates for the pretrial events listed in King County Local Rule 16: 1) Settlement/Mediation/ADR Requirement; 2) Exchange of Exhibit Lists; 3) Date for Exhibits to be available for review; 4) Deadline for disclosure of witnesses; 5) Deadline for filing Joint Statement of Evidence; 6) Trial submissions, such as briefs, Joint Statement of Evidence, jury instructions; 7) voir dire questions, etc; 8) Use of depositions at trial; 9) Deadlines for nondispositive motions; 10) Deadline to submit exhibits and procedures to be followed with respect to exhibits; 11) Witnesses -- identity, number, testimony; C. Joint Confirmation regarding Trial Readiness Report: No later than twenty one (21) days before the trial date, parties shall complete and file (with a copy to the assigned judge) a joint confirmation report setting forth whether a jury demand has been filed, the expected duration of the trial, whether a settlement conference has been held, and special problems and needs (e.g. interpreters, equipment), etc. If parties wish to request a CR 16 conference, they must contact the assigned court. Plaintiff/petitioner's counsel is responsible for contacting the other parties regarding said report. D. Settlement/Mediation/ADR: 1) Forty five (45) days before the Trial Date, counsel for plaintiff shall submit a written settlement demand. Ten (10) days after receiving plaintiffs written demand, counsel for defendant shall respond (with a counteroffer, if appropriate). 2) Twenty eight (28) days before the Trial Date, a settlement/mediation/ADR conference shall have been held. FAILURE TO COMPLY WITH THIS SETTLEMENT CONFERENCE REQUIREMENT MAY RESULT IN SANCTIONS. E. Trial: Trial is scheduled for 9:00 a.m. on the date on the Schedule or as soon thereafter as convened by the court. The Friday before trial, the parties should access the King County Superior Court website at www.metrokc.gov/kcsc to confirm trial judge assignment. Information can also be obtained by calling (206) 205-5984. MOTIONS PROCEDURES: A. Noting of Motions Dispositive Motions: All Summary Judgment or other motions that dispose of the case in whole or in part will be heard with oral argument before the assigned judge. The moving party must arrange with the courts a date and time for the hearing, consistent with the court rules. King County Local Rule 7 and King County Local Rule 56 govern procedures for all summary judgment or other motions that dispose of the case in whole or in part. The local rules can be found at www.metrokc.gov/kcscc. Nondispositive Motions: These motions, which include discovery motions, will be ruled on by the assigned judge without oral argument, unless otherwise ordered. All such motions must be noted for a date by which the ruling is requested; this date must likewise conform to the applicable notice requirements. Rather than noting a time of day, the Note for Motion should state "Without Oral Argument." King County Local Rule 7 governs these motions, which include discovery motions. The local rules can be found at www.metrokc.gov/kcscc. Motions in Family Law Cases not involving children: Discovery motions to compel, motions in limine, motions relating to trial dates and motions to vacate judgments/dismissals shall be brought before the assigned judge. All other motions should be noted and heard on the Family Law Motions Calendar. King County Local Rule 7 and King County Local Rule 94.04 govern these procedures. The local rules can be found at www.metrokc.gov/kcscc. Emergency Motions: Emergency motions will be allowed only upon entry of an Order Shortening Time. However, emergency discovery disputes may be addressed by telephone call, and without written motion, if the judge approves. Filing of Documents All original documents must be filed with the Clerk's Office. The working copies of all documents in support or opposition must be marked on the upper right corner of the first page with the date of consideration or hearing and the name of the assigned judge. The assigned judge's working copy must be delivered to his/her courtroom or to the judges' mailroom. Do not file working copies with the Motions Coordinator, except those motions to be heard on the Family Law Motions Calendar, in which case the working copies should be filed with the Family Law Motions Coordinator. Original Proposed Order: Each of the parties must include in the working copy materials submitted on any motion an original proposed order sustaining his/her side of the argument. Should any party desire a copy of the order as signed and filed by the judge, a preaddressed, stamped envelope shall accompany the proposed order. Presentation of Orders: All orders, agreed or otherwise, must be presented to the assigned judge. If that judge is absent, contact the assigned court for further instructions. If another judge enters an.order on the case, counsel is responsible for providing the assigned judge with a copy. Proposed orders finalizing settlement and/or dismissal by agreement of all parties shall be presented to the assigned judge or in the Ex Parte Department. Formal proof in Family Law cases must be scheduled before the assigned judge by contacting the bailiff, or formal proof may be entered in the Ex Parte Department. If final orders and/or formal proof are entered in the Ex Parte Department, counsel is responsible for providing the assigned judge with a copy. C. Form: Memoranda/briefs for matters heard by the assigned judge may not exceed twenty four (24) pages for dispositive motions and twelve (12) pages for nondispositive motions, unless the assigned judge permits over -length memoranda/briefs in advance of filing. Over -length memoranda/briefs and motions supported by such memoranda/briefs may be stricken. IT IS SO ORDERED. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS ORDER MAY RESULT IN DISMISSAL OR OTHER SANCTIONS. PLAINTIFF/PETITIONER SHALL FORWARD A COPY OF THIS ORDER AS SOON AS PRACTICABLE TO ANY PARTY WHO HAS NOT RECEIVED THIS ORDER. PRESIDING JUDGE CITY OF RENTON COUNCIL AGENDA BILL Ala: f Submitting Data: Planning/Building/Public Works For Agenda of: June 28, 2004 Dept/Div/Board.. Development Services Division Staff Contact...... Carrie K. Olson 0235(�) Agenda Status Consent .............. X Public Hearing.. Subject: Acceptance of additional right-of-way to comply with Correspondence.. City of Renton code (RMC4-6-060H) for new short plats. Ordinance ............. Resolution........... . Old Business........ New Business....... Exhibits: Deed of Dedication Study Sessions...... Exhibit Map Vicinity Map Information......... Administrative Short Plat Report & Decision Recommended Action: Approvals: Council concur Legal Dept......... X Finance Dept...... Other.... ..... Fiscal Impact: N/A Expenditure Required... Transfer/Amendment....... Amount Budgeted....... Revenue Generated......... Total Project Budget City Share Total Project. SUMMARY OF ACTION: The area is approx. 4500 sq. ft. (15'x300') of additional public right-of-way, along the northern boundary of Lot 1 of the short plat, to be dedicated for the future extension of NE 10" Street, East of Hoquiam Ave NE. Additional right-of-way would be dedicated with the development of the parcels to the north and east of Lot 1, •and proposed annexation to the east. This additional width, together, would provide sufficient ROW for future construction of a standard residential street, with parking, and full curb, gutter and sidewalks on both sides of the street. The dedication will also eliminate any future costs for condemnation of the additional ROW for full street improvements. The dedication is a City of Renton code requirement of the Binder Short Plat, LUA03-052, and Council acceptance of said right-of-way should be completed prior to recording deed with the short plat. STAFF RECOMMENDATION: Staff recommends that Council authorize the Mayor and City Clerk to execute the Deed of Dedication. L\PlanReview\COLSON\Shortplats 2004\BindersSHPL 02m AGNBILL.doc Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055-3232 DEED OF DEDICATION Property Tax Parcel Number: 102305906004 Project File #: LUA-03-052-SHPL Street Intersection: Grantor(s): Grantee(s): 1. Patricia M. Binder 1. City of Renton, a Municipal Corporation LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page 2 ) A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. The Grantor, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. This dedication is required as a condition for development of property. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Annroved and Accented Bv:. tor ): Grantee(s): City of Renton Mayor City Clerk IND117DLIN11�"g`sp >>t STATE OF WASHINGTON ) SS ACKNOff� �T f, COUNTY OF KING ) pi, S� rIt I certify that I know or have satisfactory evidence that Nct r n x� fj'17Y'?1?9 /�l. �3�/✓ signed this instrument and .►IE�`� ; acknowledged it to be his/her/their free and voluntary act for the uses and purposes i V mentioned in the instrument. 'rrr� '4� rQ''" 0�0 = Notary Public in armor the State of Washington t F WA Notary (Print) 2 tip- �r ` My appointment expires: — So Dated: — 01045L05legal.doc Page 1 Project: LUA-03-052-SHPL Exhibit A WO# PID Legal Description GRANTOR: Street: SE 116`h Street Legal Description — Right -of -Way Dedication That portion of the northeast quarter of the southwest quarter of the northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington described as follows: COMMENCING at the northwest corner of said subdivision; thence S88016'10"E, along the north line of said subdivision, 330.89 feet to the east line of the west half of said subdivision; thence S00006'34"W, along said east line, 15.01 feet to the south line of the north 15.00 feet of said subdivision and the POINT OF BEGINNING of the herein described tract; thence continuing S00°06'34"W, along said east line, 15.01 feet to the south line of the north 30.00 feet of said subdivision; thence N88016'10"W, along said south line, 275.17 feet to a point of tangency with a 25.00 foot radius curve to the left; thence southwesterly, along said curve, through a central angle of 91 °36'30", a distance of 39.97 feet to the east right-of-way margin of Hoquiam Avenue NE.; thence N00007'20"E, along said east margin, 40.72 feet to the south line of the north 15.00 feet of said subdivision; thence S88116'10"E, along said south line, 300.88 feet to the POINT OF BEGINNING. Contains 4,657 ± square feet (0.1069 ± acres). 8f 28,�03 NJ•SC $Hid 'A co A � F z v a ,p 37555 ss/��Q 1.SLAN'� �JQ EXPIRES: 4--29 01045L06 legal.doc Page 2 m z rn mrn � ZZ� N Q * Go O Z W p m -� m r p n v Z � Z N ry L O '4 1^ � rn 0 V p N V s 'o y is N cl m co o V C V w G� -n m N a HOQUTAM AVE. NE. N 00'07'20" E 659.15 379.03 394.05 0 z 0 265.10 i � Z CA338.31 o m r > Z rn Z N OD D II II II CD cn Co 0 f_ Z m s Wo 0 oW W m m o �� Oo \ \� W 0 D pio N (n 0) v N 00' 06'34" E 285.11 265.10 N 00'06'34" E 300.12 Z `�' m E. LINE, W.1/2, NE 1/4, SW o o ZCD 1/4, NE 1/4 SEC. 10-23-5 OD OD OD m m OD rn n O oW o I O co W N 41 w Ln I cn w O � QL � N D N 00'05'48" E 343.66 J m E. LINE, NE 1/4, SW 1/4, NE 1/4 SEC. 10-23-5 J REPORT City of Renton Department of Planning / Building / Public Works & DECISION ENVIRONMENTAL REVIEW AND a ADMINISTRATIVE SHORT PLAT REPORT & DECISION DECISION DATE. July 1, 2003 Project Name: Binder Short Plat Applicant. Patrick Gilroy Northward Homes 1560 140'h Avenue NE, #100 Bellevue, WA 98005 Owner. Patricia Binder 980 Hoquiam Avenue NE Renton, WA 98059 File Number. • LUA-03-052,SHPL-A,ECF Project Manager. Jason E. Jordan Project Description: The applicant, Patrick Gilroy, is requesting administrative short plat approval and environmental review for a two lot subdivision of a 5.22 acre site located within the Residential — 8 (R-8) dwelling units per acre zone. There is an existing 2,223 square foot home, located in the northwest corner of the subject site that would remain on new Lot 1. Upon final short plat approval, new Lot 2 would be further developed as part of a future subdivision. Please see additional project discussion on the following page. Project Location: 980 Hoquiam Avenue NE Exist. Bldg. Area SF: 2,223 square feet Proposed New Bldg. Area SF: N/A Site Area: 227,723 square feet (5.22 Total Building Area SF: N/A acres) Project Location Map sHPLERc.doc City of Renton P/B/PW Department 'ministrative Short Plat Approval & Environmt. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 2 of 10 PART ONE: PROJECT DESCRIPTION/BACKGROUND CONTINUED Access to the site would remain from Hoquiam Avenue NE. Specifically, the existing house would continue to have direct access to Hoquiam Avenue NE, while proposed Lot 2 would also have direct street frontage with Hoquiam Avenue NE. As proposed, Lot 1 is 62,956 square feet (not including the 30,856 square foot wetland) and Lot 2 is 133,844 square feet. The site slopes from the southeast corner of the property to the northwest corner of the site at a rate of less than 1%. As such, the applicant was not required to submit any further geotechnical analysis for this two lot short plat. The site contains a 30,856 square foot Category 3 wetland, which is located in the middle portion of the site along the western property boundary, within proposed Lot 1. A wetland delineation report, dated May 13, 2003 has been prepared by Alder NW and was submitted with this proposal. The report concludes that no additional mitigation should be required as a result of this proposal, as no construction i5 planned at this time. It should be noted that the presence of a regulated wetland trigged SEPA environmental review for the project. The site is vegetated with grass (lawn), two Fir trees, two fruit trees, three Alders, five Maples, and one Cottonwood tree, all of which are located outside of the wetland area. The wetland area is vegetated with several large trees and wetland grasses. However, no tree vegetation removal is proposed as a result of this short plat application. PART TWO: ENVIRONMENTAL REVIEW In compliance with RCW 43.21 C.240, the following project environmental review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials make the following Environmental Determination: DETERMINATION OF NON -SIGNIFICANCE Issue DNS with 14 day Appeal Period. B. Mitigation Measures DETERMINATION OF NON- SIGNIFICANCE- MITIGATED. X I Issue DNS-M with 14 day Appeal Period. Issue DNS-M with 15 day Comment Period with a Concurrent 14 day Appeal Period. 1. The applicant shall comply with the recommendations contained within the Wetland Evaluation Report May 13, 2003, prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. 2. The applicant shall be required to erect a spilt -rail fence or other fence type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to recording of the short plat. In addition, an identification sign shall be located along the fence in a conspicuous location indicating the presence of a wetland and its associated buffer. 3) No vegetation removal shall be allowed within the wetland or its associated buffer with the exception of dangerous or diseased trees, unless otherwise approved by the City's Development Services Division. All dangerous and/or diseased trees proposed to be removed from the wetland or its associated buffer shall require a letter from a qualified arborist and would be subject to inspection and approval of the Development Services Division. This mitigation measure shall be placed on the face of the final short plat prior to recording. C. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: SHPLERC.doc City of Renton P/B/PW Department Iministrative Short Plat Approval & Environm', - Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OFJULY 1, 2003 Page 3 of 10 1. Earth k Impacts: The subject site is characterized as having a very little slope (less than 1 %). Excluding the wetland area, the site is vegetated with mostly grass lawn and two Fir trees, two fruit trees, three Alders, five Maples, and one Cottonwood tree outside of the wetland area. None of the trees are proposed to be removed as a result of this proposal. The wetland area contains numerous amounts of scrub shrubs, wetland grasses, and conifer and deciduous trees, which would be placed into a wetland/drainage tract and not be disturbed as a result of this proposal. The applicant was not required to submit a geotechnical report, as the slopes on the site did not warrant additional geotechnical review. According to the Soil Survey of King County, the soil type in this area is Alderwood gravelly sandy loam. As no construction is planned as a result of this proposal, staff does not anticipate the need for any additional mitigation measures. Mitigation Measures: N/A Nexus: N/A 2. Water - Wetlands Wetland Impacts: A wetland assessment prepared by AlderNW, dated May, 2003 was included with the application. According to the assessment, the middle -western portion of the site contains a 30,856 square foot wetland. The wetland has been classified as a Category 3 wetland and requires a 25-foot buffer width. The wetland is bounded by Hoquiam Avenue NE to the west and is proposed to be totally located on what would become new Lot 1. Specifically, the southern boundary of the wetland is also proposed to be the southern boundary of new Lot 1. The report states that the wetland is an isolated wetland that has been degraded over time. The applicant is proposing to place the entire 30,856 square foot wetland into a wetland tract that would be maintained by the homeowners of proposed Lot 1. In order to ensure the wetland continues to function at a satisfactory level, staff recommends that the applicant be required to adhere to all recommendations contained within the wetland evaluation report. In addition, staff recommends that the applicant be required to construct a split -rail or other fence in order to denote the edge of the wetland buffer with appropriate signage information. The fence would also be maintained by the homeowners of proposed Lot 1. Lastly, staff recommends a final wetland mitigation condition, which would prohibit any vegetation removal within the wetland or its associated buffer unless otherwise approved by the City's Development Services Division. Mitigation Measures: In order to ensure the wetland is protected and will continue to function as planned in the future the following mitigation measures will be required: • The applicant shall comply with the recommendations contained within the Wetland Evaluation Report dated May 2003 prepared by AlderNW in regards to wetland maintenance, monitoring and construction of the project. • The applicant shall be required to erect a spilt -rail fence or other fence type as approved by the Development Services Division denoting the edge of the wetland buffer boundary prior to recording of the short plat. In addition, an identification sign shall be located along the fence in a conspicuous location indicating the presence of a wetland and its associated buffer. • No vegetation removal shall be allowed within the wetland or its associated buffer with the exception of dangerous or diseased trees unless otherwise approved by the City s Development Services Division. All dangerous and/or diseased trees proposed to be removed from the wetland or its associated buffer shall require a letter from a qualified arborist and would be subject to inspection and approval of the Development Services Division. This mitigation measure shall be placed on the face of the final short plat prior to recording. Policy Nexus: Environmental Ordinance (SEPA); Critical Area Regulations D. Comments of Reviewing Departments The proposal has been circulated to City Departmental / Divisional Reviewers for their review. Where applicable, these comments have been incorporated into the text of this report as Mitigation Measures and/or Notes to Applicant. X Copies of all Review Comments are contained in the Official File. SHPLERC.doc City of Renton P/B/PW Department Iministrative Short Plat Approval & Environmt. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 4 of 10 Copies of all Review Comments are attached to this report. PART THREE: ADMINISTRATIVE SHORT PLAT - REPORT & DECISION This decision on the administrative land use action is made concurrently with the environmental determination. A. GENERAL INFORMATION: 1. Owner of Record: Patricia Binder 980 Hoquiam Avenue NE Renton, WA 98059 2. Applicant Patrick Gilroy Northward Homes 1560 140`h Avenue NE, #100 Bellevue, WA 98005 2. Zoning Designation: Residential - 8 du/ac (R-8) 3. Comprehensive Plan Land Use Designation: Residential Single Family 4. Existing Site Use: Single family residence 5. Neighborhood Characteristics: North: Single family residential, zoned R-8 East: Unincorporated King County, zoned R-6 South: Unincorporated King County, zoned R-6 West: Single family residential, zoned R-8 6. Access: Both lots would receive vehicular and emergency access from Hoquiam Avenue NE. 7. Site Area: 5.22 acres B. HISTORICAUBACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 4498 2/20/1995 Zoning N/A 4404 6/7/1993 Annexation N/A 4918 10/24/2001 C. PUBLIC SERVICES: 1. Utilities Water: There are existing water services provided by Water District 90 in Hoquiam Avenue NE. Sewer: There is an existing 8-inch diameter sanitary sewer main in Hoquiam Avenue NE. Surface/Storm Water: There are no existing storm facilities adjacent to the site within Hoquiam Avenue NE. 2. Fire Protection: City of Renton Fire Department D. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations SHPLERC.doc City of Renton P/B/PW Department Iministrative Short Plat Approval & Environmt. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 5 of 10 4. Chapter 6 Streets and Utility Standards Section 4-6-060: Street Standards 5. Chapter 7 Subdivision Regulations R Section 4-7-080: Detailed Procedures for Subdivision Section 4-7-120: Compatibility with Existing Land Use and Plan -General Requirements and Minimum Standards Section 4-7-150: Streets -General Requirements and Minimum Standards Section 4-7-170: Residential Lots -General Requirements and Minimum Standards 6. Chapter 9 Procedures and Review Criteria E. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element — Residential Single Family 2. Housing Element F. DEPARTMENT ANALYSIS: 4. Staff Review Comments Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of the report. 5. Consistency With Short Plat Criteria Approval of a plat is based upon several factors. The following short plat criteria have been established to assist decision -makers in the review of the plat: a) Compliance with the Comprehensive Plan Designation The site is designated Residential Single Family (RSF) on the Comprehensive Plan Land Use Map. The RSF designation is intended to promote and enhance single-family neighborhoods. The proposal is consistent with the RSF designation in that it would allow for the future development of new single-family homes, thereby promoting goals of inf ill development. The proposal is consistent with the following Comprehensive Plan Land Use and Housing Element policies: Policy LU-34. Net development densities should fall within a range of 5 to 8 dwelling units per acre in Residential Single Family neighborhoods. The net density of the proposed subdivision is less than one (1) dwelling unit per acre, which is below the minimum density range prescribed. However, the applicant has demonstrated through shadow -platting that both lots can achieve densities within the required range when they are further subdivided in the future. In fact, this two -lot short plat is being proposed in order to further subdivide Lot 2 immediately upon short plat approval. Policy H-4. Encourage infill development as a means to increase capacity. The proposal would create two additional residential lots, which are proposed to be further subdivided in the near future. It should be noted that any further subdivision would require preliminary plat approval. Therefore, the two -lot short plat allows the property owner to initiate future subdivisions, which would ultimately increase density within a currently under developed residential area of the City. b) Compliance with the Underlying Zoning Designation The subject site is designated Residential — 8 Dwelling Units per Acre (R-8) on the City of Renton Zoning Map. The proposed development would allow for the future construction of one new single- family dwelling unit. However, the applicant has indicated that proposed Lot 2 will be further subdivided immediately upon short plat approval. The allowed density range in the R-8 zone is a minimum of 5.0 to a maximum of 8 dwelling units per acre for lots over one-half an acre in net size. Net density is calculated after the deduction of SHPLERC.doc City of Renton P/B/PW Department Iministrative Short Plat Approval & Environm,. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OFJULY 1, 2003 Page 6 of 10 environmentally critical areas, areas intended for public right-of-way, and private easements serving 3 lots or more from the gross acreage of the site. In this case, the applicant is'required to deduct 30,856 square feet of category 3 wetland located along the western property boundary of the subject site from the gross square footage of the property. The total net site area is 196,867 square feet (227,723 gross square feet — 30,856 square feet of category 3 wetland = 196,867 net square feet or 4.51 acres). Therefore, the net site area of the proposal is 196,867 square feet or 4.51 acres. This in turn, equates to a net density of 0.44 dwelling units per acre (2 / 4.51 = 0.44 du/ac), which is under the minimum dwelling units per acre (5) allowed within the R-8 zone. However, RMC 4-2-11 OD1 a allows applicant to go below the minimum density prescribed within the R-8 zone, provided they demonstrate through shadow platting that the minimum required densities can be achieved. In this case, the applicant has demonstrated that both lots could be further subdivided in the future, while meeting the minimum density required by code. The allowed building lot coverage in the R-8 zone is 35 percent or 2,500 square feet whichever is greater for lots over 5,000 square feet in size and, lots 5,000 square feet or less are allowed a maximum building lot coverage of 50%. As the existing 2,223 square foot single-family residence is proposed to remain on Lot 1, the resulting lot coverage would be 3.5% (2,223 / 62,956 = 3.5%), which is below the maximum allowed within the R-8 zone. The lot•coverage calculations for Lot 2 would be reviewed at the time structures are planned for that site. Setbacks in the R-8 zone are as follows: front yard 20 feet, side yard 5 feet, side yard along a street 15 feet, and rear yard 20 feet. No new construction is planned for the lots at this time, and Lot 2 has adequate area to provide for a new single-family residence while meeting the required setbacks and lot coverage requirements. In addition, each lot has adequate area to provide two off-street parking spaces as required by the parking regulations. c) Compliance with Subdivision Regulations Streets: No new public streets would be created as part of the proposed short plat. The Subdivision Regulations require the installation of full street improvements, including curb, gutter, 6-foot wide sidewalk, storm drains, and street lights (along Hoquiam Avenue NE) unless waived or deferred by the City of Renton Board of Public Works. The proposed subdivision is anticipated to generate additional traffic on the City's street system; therefore, staff recommends that the applicant be required to pay the appropriate Traffic Mitigation Fee. The Traffic Mitigation Fee is calculated at a rate of $75.00 per additional generated trip per new single-family residences. According to the Institute of Traffic Engineers (ITE) manual, a typical single-family residence generates 9.57 trips per day. For this proposal, the Traffic Mitigation Fee is estimated at $717.75 (1 new lot x 9.57 trips x $75 per trip = $717.75), with credit given for the existing residence. The fee is payable prior to the recording of the final short plat. Blocks: No new blocks will be created as part of the proposed short plat. Lots: The minimum lot size permitted in the R-8 zone is 4,500 square feet. The short plat would create two lots, which are proposed at 62,956 square feet (Lot 1) and 133,844 square feet (Lot 2) in size. The proposed lot sizes are much larger than the minimum required within the R-8 zone and have been arranged in order to accommodate a future subdivision. The proposed lots also comply with the R-8 requirements for minimum lot width (60 feet for corner lots and 50 feet for interior lots) as well as minimum lot depth (65 feet). In this case, the proposed lot widths range from 345 feet to 379 feet and proposed lot depths range from 300 feet to 330 feet. The size, shape, orientation, and arrangement of the proposed lots comply with the requirements of the Subdivision Regulations and the development standards of the R-8 zone. In addition, each lot would have access to a public street (Hoquiam Avenue NE). d) Reasonableness of Proposed Boundaries Access: Each lot would have access to a public right-of-way (Hoquiam Avenue NE). Specifically, the existing single-family residence located on proposed Lot lcurrently utilizes a private drive located in the. northwest corner of the property. The private drive would continue to serve vehicular and emergency access for Lot 1. Proposed Lot 2 also has direct vehicular and emergency access to Hoquiam Avenue NE; however, the drive serving that lot would be located south of the existing wetland. SHPLERC.doc City of Renton PIBIPW Department 'ministrative Short Plat Approval & Environme.. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 7 of 10 Topography: The subject site is characterized by having a gradual slope of less than 1 % from the southeast corner of the site to the northwest corner. As the site does not contain any sensitive or protected slope areas, a geotechnical analysis was not required. Relationship to Existing Uses: The properties surrounding the subject site within the City limits are designated Residential — 8 Dwelling Units Per Acre (R-8) on the City's zoning map. The properties located on the east and south side of the short plat are located in unincorporated King County and are designated single-family residential (R-6). The proposal would create two large lots that have the potential to be further subdivided into smaller single-family lots similar to existing development patterns in the area. e) Availability and Impact on Public Services (Timeliness) Police and Fire: Police and Fire Prevention staff indicate that sufficient resources exist to furnish services to the proposed development, subject to the condition that the applicant provide required improvements and fees. As the proposal would add one new residential lot to the City, staff recommends that the applicant be required to pay a Fire Mitigation Fee estimated at $488.00 (1 new lot x $488.00 = $488.00.00), with credit given for the existing residence. The payment of the fee is required prior to the recording of the final plat. Recreation: The proposal does not provide on -site recreation areas for future residents of the proposed short plat. There are existing recreational facilities in the area of the subject property (e.g. Kiwanis Park) and it is anticipated that the proposed development would generate future demand for City parks and recreational facilities and programs. Therefore, staff recommends a Parks Mitigation Fee based on $530.76 per each new single-family lot be required for the proposal, with credit given for the existing single-family residence. The fee is estimated at $530.76 (1 new lot x $530.76 = $530.76) and is payable prior to the recording of the final short plat. Schools: According to the Draft Environmental Impact Statement for the City of Renton Land Use Element (January 16, 1992), the City of Renton has a student generation factor of 0.44 students per single-family residential dwelling. Therefore, it is anticipated that the proposed short plat would result in 0.44 (0.44 X 1 = 0.44) new children to the local schools (Maplewood Heights Elementary School, McKnight Middle School, and Hazen High School). The Renton School District has indicated they can accommodate the additional students generated by this proposal. Streets: The subject site is located along Hoquiam Avenue South. No additional public streets are required as part of this proposal; however, the applicant would be required to dedicate approximately 4,513 square feet for additional right-of-way along NE 101n Street. It should also be noted that as a condition of short plat approval the applicant would be required to pay a Traffic Mitigation Fee in the amount of $75.00 per each new trip generated by the proposal. This fee is required to be paid prior to the recording of the short plat (please see above discussion regarding Transportation and/or Access.) Storm Water. Storm water facilities are located in Hoquiam Avenue NE. A drainage narrative was submitted with the application and has been reviewed by the City of Renton's Plan Review Section. A Surface Water System Development Charge of $525.00 per new single-family lot would be collected as part of the construction permit or prior to the recording of the short plat. Water and Sanitary Sewer Utilities: There are water services provided by Water District 90 and an 8-inch sewer main located in NE 101h Street. The applicant would be required to make all other necessary connections to serve future development on new Lot 2. A Water System Development Charge of $1,105 per new single-family lot, as well as a Sewer System Development Charge of $760.00 per new single-family lot, would be collected as part of the construction permit or prior to the recording of the short plat. G. Findings: Having reviewed the written record in the matter, the City now enters the following: 1. Request: The applicant has requested Administrative Short Plat Approval for the Binder Short Plat, File No. LUA-03-052, SHPL-A, ECF. SHPLERC.doc City of Renton P/B/PW Department fministrative Short Plat Approval & Environat- Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 8 of 10 2. Application: An application was submitted in compliance with the requirements for conducting short plat review. The applicant's short plat plan and other project drawings ard1contained within the official land use file. 3. Comprehensive Plan: The subject proposal is consistent with the Comprehensive Plan designations of Residential Single Family (RSF). 4. Zoning: The proposal as presented generally complies with the zoning requirements and development standards of the Residential Single Family - 8 (R-8) zoning designation, provided all advisory notes and conditions of approval are complied with. 5. Subdivision Regulations: The proposal generally complies with the requirements established by the City's Subdivision Regulations for the short platting of two lots provided all advisory notes and conditions of approval are complied with. 6. Existing Land Uses: Land uses surrounding the subject site include:°North Residential Single Family (zoned R-8);; East: Residential Single Family (zoned R-6 King County); South: Residential Single Family (zoned R-6 King County); and West: Residential Single Family (zoned R- 8). 7. ERC Review. The City's Environmental Review Committee (ERC) has reviewed the proposal and issued a determination of non -significance -mitigated and imposed 3 mitigation measures. S. Wetlands: The site contains a 30,856 square foot category 3 wetland located along the western property boundary. 9. Code Required Construction Improvements Prior to Final Short Plat Approval: 1. As part of the short plat, full street improvements including paving, sidewalks, curb and gutter, storm drain, street signs and street lights are required to be constructed along Hoquiam Avenue NE fronting the site, unless waived or deferred through the City's Board of Public Works (RMC 4-6-060). 2. The applicant will be required to comply with conditions and comments as outlined in the sewer availability and a letter dated May 14, 2002 from Dave Christensen, Wastewater Utility Supervisor. 3. A water main extension will be required. An approved water plan from Water District 90 will be required to be submitted with the civil plans unless waived or deferred through the City's Board of Public Works (RMC 4-6-010). H. Conclusion: 1. The subject site is located in the Residential Single Family (RSF) comprehensive plan designation and generally complies with the goals and policies established with this designation. 2. The subject site is located in the Residential — 8 Dwelling Units Per Acre zoning designation and complies with the zoning and development standards established with this designation provided all conditions of approval and advisory notes are completed. 3. The proposed two lot short plat generally complies with the subdivision regulations as established by city code and state law provided all conditions of approval and advisory notes are completed. 4. The proposed two lot short plat complies with the street standards as established by city code provided all conditions of approval and advisory notes are completed. 1. DECISION. The Binder Short Plat, File No. LUA-03-052, SHPL-A, ECF is approved subject to the following conditions: 1. The applicant shall be required to pay a Traffic Mitigation Fee of $75 per net new average daily trip associated with the project. The Transportation Mitigation Fee shall be paid prior Final Short Plat Recording. 2. The applicant shall be required to pay the appropriate Fire Mitigation Fee equal to $488 per new single-family residence. The Fire Mitigation Fee shall be paid prior to Final Short Plat Recording. SHPLERC.doc City of Renton P/8/PW Department /ministrative Short Plat Approval & EnvironmF-. Review Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORT AND DECISION OF JULY 1, 2003 Page 9 of 10 3. The applicant shall be required to pay the applicable Parks Mitigation Fee at the rate of $530.76 per each new single-family residence. The Parks Mitigation Feb shall be paid priorto Final Short Plat Recording. DATE OF DECISION ON LAND USE ACTION: SIGNATURES: July 1, 2003 Gregg A. Zimm r an, P/ W Administrator decision date ADVISORY NOTES TO A The following notes are supplemental information provided in conjunction with the administrative land use action. Because these notes are provided as information only, they are not subject to the appeal process for the land use actions RMC section 4-4-030.C.2 limits haul hours between 8:30 am to 3:30 pm, Monday through Friday unless otherwise approved by the Development Services Division. The Development Services Division reserves the right to rescind the approved extended haul hours at any time if complaints are received. Within thirty (30) days of completion of grading work, the applicant shall hydroseed or plant an appropriate ground cover over any portion of the site that is graded or cleared of vegetation and where no further construction work will occur within ninety (90) days. Alternative measures such as mulch, sodding, or plastic covering as specified in the current King County Surface Water Management Design Manual as adopted by the City of Renton may be proposed between the dates of November 1 st and March 31st of each year. The Development Services Division's approval of this work is required prior to final inspection and approval of the permit. Commercial, multi -family, new single-family and other nonresidential construction activities shall be restricted to the hours between seven o'clock (7:00) a.m. and eight o'clock (8:00) p.m., Monday through Friday. Work on Saturdays shall be restricted to the hours between nine o'clock (9:00) a.m. and eight o'clock (8:00) p.m. No work shall be permitted on Sundays. )erty Services -Comments for Final Short Plat Submittal See attached memo from Sonja Fesser dated June 20, 2003. 1. A fire hydrant with 1000 GPM fire flow is required within 300 feet of all new single-family structures. If the building square footage exceeds 3600 square feet in area, the minimum fire flow increases to 1500 GPM and requires two hydrants within 300 feet of the structures. Plan Review — Drainage 1. The Surface Water System Development Charges (SDC) are $525 per building lot. These are payable at the time the utility construction permit is issued or prior to final short plat approval. 2. A temporary erosion control plan will be required and shall be installed and maintained to the satisfaction of the representative of the Development Services Division for the duration of the project. Plan Review —Water 1. Applicant shall provide a Certificate of Water Availability from Water District 90 prior to final short plat approval. Plan Review — Sewer 1. There is an 8-inch sewer main in NE 101h Street. As part of the short plat an 8-inch sewer main will be required to be extended from the last manhole in NE 10'h Street near the intersection of 142 Ave SE (Hoquiam Avenue NE) to the site. Sewer service will be required to be provided to the property across the street as part of this development. 2. The Sanitary Sewer System Development Charges (SDC) are $760 per new single-family residence. These are payable at the time the utility construction permit is issued. 3. This parcel is subject to the Honey Creek Special Assessment District (SAD) The fee is $250.00 per new single- family residence. These fees will be collected as part of the utility construction permit. Plan Review — Street Improvements 1. All wire utilities shall be installed underground per the City of Renton Undergrounding Ordinance. If three or more poles are required to be moved by the development design, all existing overhead utilities shall be placed underground. SHPLERC.doc City of Renton P/B/PW Department Iministrative Short Plat Approval & Environm, IReview Committee Staff Report BINDER SHORT PLAT LUA-03-052, SHPL-A, ECF REPORTAND DECISION OFJULY 1, 2003 Page 10 of 10 TRANSMITTED this 7' day of July, 2003 to the Owner: Patricia Binder 980 Hoquiam Avenue NE Renton, WA 98059 TRANSMITTED this 70 day of July, 2003 to the Applicant/Contact. Patrick Gilroy Northward Homes 1560 140'h Avenue NE, #100 Bellevue, WA 98005 TRANSMITTED this 7' day of April, 2003 to the following: Larry Meckling, Building Official L. Rude, Fire Marshal Neil Watts, Development Services Director Jennifer Henning Jan Conklin Kayren Kittrick, Plan Review Supervisor Carrie Olson -Davis Lawrence J. Warren, City Attorney South County Journal Land Use Action Appeals & Requests for Reconsideration ..The administrative land use decision will become final if the decision is not appealed within 14 days of the effective date of decision. An appeal of.the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). RECONSIDERATION. Within 14 days of the effective date of the decision, any party may request that a decision on a short plat be reopened by the Administrator. The Administrator may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the Administrator finds insufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the following appeal timeframe. APPEAL. This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on July 21, 2003. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Appeals must be filed in writing, together with the required $75.00 application fee, to: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98055. EXPIRATION DATE: The Short Plat approval will expire two (2) years from the date of approval. An extension may be requested pursuant to RMC section 4-7-080.M. SHPLERC.doc CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 20, 2003 TO: Jason Jordan FROM: Sonja J. FesserR SUBJECT: Binder Short Plat, LUA-03-052-SBPL Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced short plat submittal and have the following comments: Comments for the Applicant: If the dedication of property to the city for street purposes is to occur with this short plat, as is indicated with the inclusion of a Deed of Dedication document with the short plat submittal, then said property to be dedicated should be noted on the short plat drawing. Note all the dimensions of the dedicated parcel on said drawing and include a space for the recording number of the dedication document. It is noted, in both the legal description (Exhibit A) and Map Exhibit of the Deed of Dedication document, that "142" d AVE SE" (county street name) should be replaced by the city street name, HOOUTAM AVE NE. Information needed for final short plat approval includes the following: Note the City of Renton land use action number and land record number, LUA-03-052-SHPL and LND-20-0349, respectively, on the drawings in the spaces already provided. Note ties to the City of Renton Survey Control Network. The geometry will be checked when the ties are provided. The statement regarding ownership and maintenance of Tract A, as noted under the "DEDICATION/CERTIFICATION" block, should be modified to state: "Tract A is a wetland management tract and is hereby permanently attached to Lot 1 and & any future subdivisions thereof. The owner of Lot 1 is responsible for all maintenance obligations for Tract A and these obligations shall run with the land." Tract A cannot be granted or conveyed to the owner of Lot 1 because said owner already owns Tract A. \HAFile Sys\LND - Land Subdivision & Surveying Records\LND-20 - Short Plats\0349\RV030619.doc June 20, 2003 Page 2 Provide short plat and lot closure calculations. Note discrepancies between bearings and distances of record and those measured or calculated, if any. Note that if there are restrictive covenants, agreements or easements to others as part of this subdivision, they can be recorded concurrently with the short plat. The short plat drawing and the associated document(s) are to be given to the Project Manager as a package. The short plat shall have the first recording number. The recording number(s) for the associated document(s) should be referenced on the short plat drawings in the appropriate location(s). Fee Review Sheet Comments: The Fee Review Sheet for the preliminary short plat review is provided for your use and information. HAFile Sys\LND - land Subdivision & Surveying Records\TND-20 - Short Plats\0349\RV030619.doc\cor PROPERTY SERVICI._E REVIEW FOR SUBDIVISIONS No. - Zg APPLICANT: 1511,1t�1✓-ice _ �dTr�lct A RECEIVED FROM (date) JOB ADDRESS: 9t30 i-loc��)I�s. AUt= }�� WO# 771 _`31 'URE OF WORK: -L LND— tELIMINARY REVIEW OF SUBDIVISION BY LONG PLAT, NE D MO INFORMATION: - LEGAL DESCRIPTION SHORT PLAT, BINDING SITE PLAN, ETC. PID Ps - VICINITY MAP FINAL REVIEW OF SUBDIVISION, THIS REVIEW REPLACES - SQUARE FOOTAGE - OTHER PRELIMINARY FEE REVIEW DATED - FRONT FOOTAGE SUBJECT .PROPERTY PARENT PID# 10,Rz3 0 5 - gOr_ NEW KING CO. TAX ACCT.#(s) are required when assigned by King County. It is the intent of this development fee analysis to put the developer/owner on notice, that the fees quoted below may be applicable to the subject site upon development of the property. All quoted fees are potential charges that may be due and payable at the time the construction permit is issued to install the on -site and off -site improvements (i.e. underground utilities, street improvements, etc.) Triggering mechanisms for the SDC fees will be based on current City ordinances and determined by the applicable Utility Section. Please note that these fees are subject to change without notice. Final fees will be based on rates in effect at time of Building Permit/Construction Permit application. - The existing house on SP Lot # , addressed as has not previously paid SDC fees, due to connection to City utilities prior to existance of SDC fee Ord. SP Lot# will be subject to future SDC fees if triggering mechanisms are touched within current City Ordinances. - We understand that this subdivision is in the preliminary stage and that we will have the opportunity to review it again before recordation. The following quoted fees do NOT include inspection fees_ side. -ewer nermitc r/w ppr it f — ^ th . a SPECIAL ASSESSMENT DISTRICTS -, _-__ _- -_ DISTRICT NO. __.__.-.. .. .. PARCEL NO, ....... e - v1 waterMee METHOD OF ASSESSMENT J. ASSESSMENT UNITS ASSESSMENT OR FEE Latecomer Agreement (vt) WATER Latecomer Agreement ( vt) WASTEWATER Latecomer Agreement ( vt) OTHER Special Assessment District/WATER enecial Assessment District/WASTEWATER it Use Agreement (METRO) Y _.,cal Improvement District Traffic Benefit Zones $75.00 PER TRIP, CALCULATED BY TRANSPORTATIO FUTURE OBLIGATIONS SYSTEM DEVELOPMENT CHARGE - WATER - Estimated - Pd Prev. - Partially Pd (Ltd Exemption) - Never Pd # OF UNITS/ SQ. FTG. SDC FEE Single family residential $1,105/unit x Mobile home dwelling unit $885/unit in park JV Apartment, Condo $665/unit not in CD or COR zones x CommerciaMdustrial, $0.154/s . ft. of property (not less than $1,105.00) x Boeing, by Special Agreement/Footprint of Bldg plus 15 ft perimeter (2,800 GPM threshold) SYSTEM DEVELOPMENT CHARGE - WASTEWATER - Estimated - Pd Prev. - Partially Pd (Ltd Exemption) - Never Pd Single family residential $760/unit x Mobile home dwelling unit $610/unit x Apartment, Condo $455/unit not in CD or COR zones x Commercial/Industrial $0.1061sq. ft. of property x(not less than $760.00) SYSTEM DEVELOPMENT CHARGE - SURFACEWATER - Estimated - Pd Prev. - Partially Pd (Ltd Exemption) - Never Pd 0 Single family residential and mobile home dwelling unit $525/unit x Oj All other properties $0.183sq ft of new impervious area of property x (not less than $525.00) f I PRELIMINARY TOTAL It Authority TE n *If subject property is within an LID, it is developers responsibility to check with the Finance Dept. for paid/un-paid status. 1� Square footage figures are taken from the King County Assessor's map and are subject to change. to E Current City SDC fee charges apply to y EFFECTIVE January 9, 2003 ,SAL 1" = 200' I .�W®]EST FLAT A PORTION OF THE SW 1/4 OF THE NE1/4 OF SEC. 10, TWP. 23 N.. RGE. 5 E.. W.M. CITY OF RENTON, KING COUNTY, WASHINGTON R 1 ' E �1151H�ST N as 6Yo W A / �N. LINE NC 1 4. $W1 4, NE 1/1, aEC. 10-23-5--------- V FND GF FENce -730.119- - - OF CORNER ' ! 1 ' I K7.7 1 ST011Y WOOLWIIAME .•• 1W 223t EF I 3.Y 41' N I LOT 1 829583 SF d IIY .d �♦ �7O � � y F +.1' W Lal � 1a' g s TRACT A L21 a 30858f SF WETLAND zl �♦r' - R.25.00 8.88125'261 L-3a.Sa I 1 2 4 01.11 n 1 '1808 W a N. EDNE S. 285' . NE 1/4. SW 0 1/4, HE 1/4. SEC. 10-23-5 LOT 1 0�'♦ 1� P�'y0^O � O CINDER SL 0, cOMPosr LOT 2 � 30• I 30' SHEE. 1 OF 2 LUA-XX-M-SHPL IND-XX-XXXX SCALE: 1" = 50' 0 2S 50 1 0 BASIS OF BEARINGS NOOVY42•E BETWEEN THE MONUMENTS FOUND 1N PUCE AT THE EAST QUARTER AND NORTHEAST CORNEA OF SECTION 10-23-5, PER REF. 1. REFERENCES 1. RECORD OF SURVEY BY BUSH, ROED AND HITCHING$. RED. NO. 0.0,140004. O „ LEGEND • SET 1/2• % 20 MAR WITH PLASTIC suRVEY CAP STAMPED 'cone PLs 37555•. 0 FOUND CORNEA MARKER AS NOTED. UN PLAT T E D 5. LANE N. 315% NE 1/4. 4' BARBED SW 1/4, NE 1/4. SEC. 10-23_5 MRE FENCE 1 w d a OAW b 0.2w LOT 2 133844f SF %D( , 0.2wT w 4 PENCE COIWFR 1.3' 7e �Y 1n b --� --T Cq PROP. CORNER .i f d iP S. LANE NE 1/4, Sw 1/4, NE 1/4. 4, 10-23-3 V N P L A T T E D L 0 T A FENCE CORNER I KING CO. BOUNDARY LINE ADJJSTAENT N0' WOL.0022 1.5 W. % 3.3 S. OF PROP. CpMOt REC. N0. 2000010a90000a X%% CRY OF RENTON STREET ADORESS. FOUND C CONCRETE MONUMENT WIN 1/2• COPPER POI DWL 1.5 CE CORNER ? xeeTn7W zewazIN CASE 3 2 E. X 7.5 N. 132211 PROP. CORNER MOMIMENT Nor 10 1J2211 10 11 SEARCW FOR NERD LOCATION F PER REF. NO, I 8 E yi N8616'10^N N8616'10•W 76 1J2J.55 1= 112.16 NW_ Teoan� @ � 962.09 g e 9g10 Nee'20'02•W 111235f$e6236 26u.W 1 am 10 Il MCIWENT NOT NQBZO'021R ND�O LIED OCCATTIOONN COioCONCRETE MONONUUM�ENT PER W. NO. I M/TACK DWL 1.6 N CASE MONUMENT NOT SUBDIVISION 1.:. NOD LOCA- DIAGRAM 15 PER REF. No. 1 N.T.S. 7JI J. d 1 Q1. i'.41... 0 y4 0•. LO T i j: Ng': KING CO. SHORT PUT N0. 1177003; REC. No. 7e0aiJ0asZ s�OMjL LIAR° WEE, 4v 64 Con 1.1711 NE 201M Plm SM" 101 Q1,11- 1 42S8B3J877 f$425,SU73 �DESIGN ENGINEERING • PLANNING • SURVEYING JOB NO. 01046 lent MON FwN .++ ax• w Nno aee n exww 1pF >a mNn eib9Faxi� rw+°a�i iN M b Fe �N tlIb �IN� f/Y{•e �yF I1� �� ��pp� 1 NM pYM x e��r���M?pjivy�� �y�NyryYq •GS,-ittaNT.�pyM�yetgYCY NPtt 611IDF] TlOx,mrtfwmFw°f PoiY YIA�Nuot�5W1Ye bpY� Y Q�OY �v1; 'Y4 M Lv ��mCTFAY �Yi'OM M b! mMmY M .OMp M 01veY. nCFUIm Aww fit/ 'AibL 1° Z M A eFllp[O p1°YpOp 1,d0•Ep,nl IbMW SYM xY�lpbF AMw M b, ��wpaN.xwx. �p,•��yp >be �p�p� "� P'°�',b A Ule CNM�ieo"�LLKAY �� M M0,[IMWx10p~viv�4 Yllb1 NY�illloeu Ml ' AOF TB 1F�TYN �b At ]lxln Up•11•YM YOFI q DMMIpx Nn. m111YU lU 6 tb M N YtO AM FUN pxdll NN tlw0 IDIIYtLL 6 law Fnm°Imxbra bnen.+tw Ymw° YIOIN 1YW WpY101fNie OII/AmYI1l0Y 4/Yn �� Lo a/FN Te le W IYEe LOObw PF 11uY`� M Ib'AM Y N4bWi WLL fYx fxt�mp xvvqigbAopGp ANpW LNw° 516 FgOM, YW M A1xNM a°F °]MA Ae ®e°xq ON�'IW MNNp� IWIO YIpbW O�NY�iC �� AxW ox OttLL+ "F Ki 0 ie°FJ�'n N ��YMN F�1vpL YL r Ass' x W HTA aA w ,%M lICILM1I, ,eFi "NIMt c ,/ �, FFow. bp.n me :°;� F'YU�iN• A�i1N S ao 1 `��,uFp��� � � AW ni. ->. axrv'�xe °o, uwm°Nn"biwx,i°w+ap urs000n ` .snpbF sp'F'npF• Fup•Fe Yv xN l \ `yl nbnF nprx0 b xm 9 v. is r•art.,evb I� is NpaA°u Y Nn b.sxa xnb ..Fx% pbun bew, b Frcn 9 o Awmt Fexa. b Aw w onn�0owe� N Y ,l 7YA1f31N/bBO1N00 4 3 1 1 '/ l d N 0 m a.b Fww Ap Axo :W/lLYO x4 d A 8 04 l 31YOS — — N — — AM _ ,lx•�91ge i, u M r1liv LHU�� uav --- - - --------- C\2 . . dl ... .. . .. Ad ........ . . HS '@AV qlgtT C\2, .......... . . . ................ S, ad cn. . . . ............ ............ @AV o z CC) co ........ ... ....... .... m ............. . .... . ................. ...... ........ . . ........ ry --,,4� IS, co ry �2 Lul2lnr)oH PUai AVII Pul gig., ri .................. Co M, La� C\2 . ...... . . ........ 24 J.. ...... ..... .... .. .................. ...... ........ ... . . . ......... I RS N—WN T C> CC) .......... 7KT *AA'V ....... Z/1 At M MEZI OT - 9R CITY OF RENTON COUNCIL AGENDA BILL AI a: Submitting Data: For Agenda of: June 28, 2004 Dept/Div/Board.. Planning/Building/Public Works Agenda Status Staff Contact...... Dave Christensen Consent .............. X Public Hearing.. Subject: Addendum No 1 to Consultant Contract CAG-03- Correspondence.. 102, Sanitary Sewer Model Development and I&I Ordinance ............. Program, Roth Hill Engineering Partners, LLC Resolution............ Old Business........ New Business....... Exhibits: Issue paper Study Sessions...... Addendum No. 1 to CAG-03-102 Information......... Recommended Action: Council Concur Approvals: Legal Dept......... Finance Dept...... Other ............... Fiscal Impact: Expenditure Required... $58,500 Transfer/Amendment....... Amount Budgeted....... $315,000 Revenue Generated......... Total Project Budget $1,215,000 (421/45300) City Share Total Project.. SUMMARY OF ACTION: X The City's consultant, Roth Hill Engineering Partners, LLC, has been working since June of 2003 on developing a Hydraulic Model for the Sanitary Sewer System. As part of the building of the model, the consultant has run across numerous items not anticipated by the original scope that will take additional effort by the consultant to complete the model process. STAFF RECOMMENDATION: It is the recommendation of the Planning/Building/Public Works Department that Council approve the proposed Addendum No. 1 to CAG-03-102 in the amount of $58,500. H:\File Sys\WWP - WasteWater\WWP-xx-xxxx 2003 I & I Study\RothHill_Addendum-01_AB.doc\DMCtp CITY OF RENTON PLANNING/BUILDING/PUBLIC WORKS MEMORANDUM DATE: June 18, 2004 TO: Don Persson, Council President Members of the Renton City Council i� VIA:. Mayor Kathy Keolker-Wheeler FROM: Gregg Zimmerma&; dministrator STAFF CONTACT: Dave Christensen, x7212 SUBJECT: Addendum No 1 to Consultant Contract CAG-03-102 Sanitary Sewer Model Development and I&I Program Roth Hill Engineering Partners, LLC ISSITF.- The City's consultant, Roth Hill Engineering Partners, LLC, has been working since June of 2003 on developing a Hydraulic Model for the Sanitary Sewer System. As part of the building of the model, the consultant has run across numerous items not anticipated by the original scope that will take additional effort by the consultant to complete the model process. RECOMMENDATION: It is the recommendation of the Planning/Building/Public Works Department that Council approve the proposed Addendum No. 1 to CAG-03-102 in the amount of $58,500. BACKGROUND SUMMARY: In June of 2003, the Wastewater Utility Section entered into a consultant contract with Roth Hill Engineering Partners, LLC to build a sanitary sewer hydraulic model for the Section. This model will be used by the Section to help in our planning efforts to determine when we will need to upsize our sewer interceptors and lift stations as they reach their flow capacity. It will also assist us when we replace older facilities to ensure that we size them appropriately for the anticipated future development. When we scoped the work, Staff and the consultant made assumptions regarding the ability to take the City's existing data and insert it into the new model program we selected. As the consultant proceeded with the work it became obvious that some of our assumptions June 18, 2004 Page 2 regarding transfer of data and quality of data provided was overly optimistic. In order to maintain the integrity of the data and ensure confidence in the model, the consultant will need to take additional measures to assure that the data is inserted accurately into the model and will need to monitor the data more closely as the model is developed and we make model runs. The consultant has prepared a scope, schedule, and cost adjustment that are included in the proposed addendum. Staff has worked with the consultant in development of this extra work request and concurs in its need and in the proposed time, schedule, and budget change. When the Section put together its 2004 budget we anticipated the potential need for additional work, and as such, we have sufficient funds within our Sanitary Sewer Main Rep1.lRehab. account to cover these additional costs. CONCLUSION: The proposed additional work items, including scope, schedule, and budget ($58,500), are needed to ensure that the City obtains a reliable working sanitary sewer model for its system. This model is an important part of the Utility's ability to appropriately plan for its system. HAFile Sys\WWP - WasteWater\WWP-xx-xxxx 20031 & I Study\RothHill_Addendum_Ol_Issue.doc\DMCtp ADDENDUM NO. 1 CONSULTANT AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES for Sanitary Sewer Model Development and I&I Program CAG-03-102 This Addendum is made and entered into this, day of , 2004, by and between the City of Renton, hereinafter called the "City", and Roth Hill Engineering Partners, LLC., whose address is, 2600 116`h Avenue NE, #100, Bellevue, WA 98004, hereinafter called the "Consultant". WITNESSETH THAT: WHEREAS, the City engaged the services of the consultant under Engineering Consultant Agreement CAG- 03-102, dated June 16, 2003 to provide engineering services necessary for the Sanitary Sewer Model Development and I&I Program and WHEREAS, the City desires to complete additional work associated with the Sanitary Sewer Model Development and I&I Program, and the City does not have sufficient qualified engineering employees to perform the work within a reasonable time; and WHEREAS, the City and consultant have determined that additional work for the Sanitary Sewer Model Development and I&I Program is required, such additional work items and costs being shown in Exhibit A to this Addendum No. 1. NOW, THEREFORE, in accordance with Section VIII, Extra Work of the Master Agreement CAG-03-102, dated June 16, 2003, it is mutually agreed upon that Engineering Consultant Agreement CAG—03-102, is amended to include the work and associated budget as follows: 1. The maximum amount payable for the additional work items defined in the attachment to this addendum of this Contract Addendum #1 is $58,500. 2. The revised contract total payable for work on this contract is $301,507, which is an increase of $58,500 (Addendum #1) over the existing contract amount of $243,007. All other provisions of Consultant Agreement CAG-03-102 dated June 16, 2003, shall apply to this addendum. EXECUTION IN WITNESS WHEREOF, the parties have executed this Addendum No. 1 to ENGINEERING CONSULTANT AGREEMENT CAG-03-102, as of the day and year first above written. CONSULTANT Signature Type or Print Name Title Date CITY OF RENTON Kathy Keolker-Wheeler, Mayor Attest: Bonnie I. Walton, City Clerk Roth Hi 11_Addendum_01.doc Addendum/bh 12/99 EXHIBIT A City of Renton Sewer System Model Development and 111 Program Addendum No.1 The following scope modificaton is regarding Task 1 - Development of the hydraulic model for the complete Renton sanitary sewer system and Task 5 - Project management. This scope is in addition to and clarifies the original Scope of Services referred to in Exhibit "A" in the Consultant Agreement. The amount of this addendum is estimated to be $58,500, for a total project cost of $ 301,507, previously presented in Exhibit "C". Task 1— Development of a hydraulic model for the complete Renton sanitary sewer system. Upon discussion with the City, we concluded that only three models will be prepared; 1) a 2001 version for calibration with King County Data, 2) the existing (as of the final City database for 2003) and 3) the ultimate model (2030). The planning data (residential population and employment) will also be provided for the interim years (2015 and 2022) by sewer basin to the City. Roth Hill will be developing a model that includes all the major system components with the exception of clean outs, side -sewers, private lines, dead -ends and non -essential lift stations. TASK 1A - Data Acquisition $22,200 • Additional coordination with the City planning staff to obtain current population, zoning and employment data that was provided to the City limits rather than the Sewer Basins. Discussion City staff to determine and obtain ultimate condition. • Effort to convert the planning data provided in RTAZ to the sewer basins in the sewer service area rather than to City limits. This includes efforts to obtain map and convert to ACAD for GIS. • Several requests to City to obtain information that is missing from the database, incorrect, or inconsistent. This includes follow-up requests to obtain missing MH invert elevations, missing pipe diameters and materials, information to correct MHs where lEs of outgoing pipes are higher than IEs of incoming pipes, etc. • Coordination with City to locate, obtain, and assign flows for large water users within the City. • Manipulation of City data, County data and WD 90 data to generate future zoning, population, and employment data. Application of this data to the sewer basins. • Generate follow-up requests to City to obtain information that is missing from the database, incorrect, or inconsistent. This includes follow-up requests to obtain missing MH invert elevations, missing pipe diameters and materials, information to correct MHs where IEs of outgoing pipes are higher than IEs of incoming pipes, negative pipe slopes, etc. Create figures and tables to present locations of missing or incorrect data. Assemble requests in format convenient for City. Assemble data to facilitate subsequent importing of corrected data to Mouse. Sort and package data requests by 3 main categories: 1) most critical information 2) borderline information — possibly could be deleted rather than fixed 3) information to be removed from model. Further follow-up as necessary to correct pipe slopes as necessary, and for fixing incorrect pipe diameters. • Coordination with City to obtain pertinent information relating to the numerous connections between the City and the County interceptors — physical information and flow assignment and distribution. T:\i5'1Y..�2'�F\f:,�F�nrf.�ddei+tiiu�e va.?QM!AilK1 Ren�.:.,�titt,ar.•='Wo:: C;L C")994.dne EXHIBIT A • Coordination with DHI to convert topographic information to DEM or DTM to import to Mouse GM to use for interpolation of missing MH rim elevations. TASK 1B - Model Development $24,200 Additional effort beyond initial expectation to check model for missing or erroneous pipe and manhole data, often by visual inspection where corrections were beyond Mouse error -checking capabilities. Numerous manual modifications to model based on necessary corrections provided by City, and extensive manual corrections necessary during the process of removing duplicate City manholes of the King County manholes. Manually correcting duplicate manholes, corrections to pipe destinations, removal of overlapping pipes, corrections of inconsistent invert elevations, etc. Conversations with City on how to strategize on modifying data for model input, versus requesting data investigation from the City. Updates to model with resulting data. Much of this effort included spreadsheet analysis to identify, sort, and locate problems, followed by corrections, many of which were necessary to incorporate manually. Effort to clarify the King County data provided in the City's database and the actual King County data provided by King County. Additional effort was needed to input model physical data including manholes, pipes, lift stations, diversions and drop manholes, as the data was not able to be readily converted from the City. Corrections to missing and incorrect/inconsistent data in the model. Sorting of all data problems into three classifications for review by City staff. Upon direction by City, identification and deletion of areas not critical to model operation (small dead end runs, etc.) with missing or problem data. Manual modifications to model as necessary based on corrections provided by City. This includes correcting or removing the remaining 480 manholes without invert elevations, the 270 MI -Is with incoming pipes more than 0.2 feet lower than the outgoing pipes, and the 675 remaining pipes with no material identified (all numbers are approximate). Filling in missing pipe diameters where easy to determine based on Sewer Map Book (approximately 180 remaining). Addition of missing pipes, correcting connectivity issues throughout the system. Correction of the approximately 400 pipes in the model with negative slopes (many of these will be corrected through the datum shift or by reversing the "to" and "from" nodes). Datum shift within the model— sort and convert pre-1993 data to NAVD 88, assuming all information is in KCAS 29 datum (after separating older physical information which is identified by City to be in NAVD 88). Identify all significant drop connections and convert pre-1993 data to NAVD 88. This will involve complicated spreadsheet analysis comparing the model and City node information for the more than 5000 pipes and manholes in the system. Use judgment for physical system constructed between 1993 and 1995 to determine and adjust as necessary to correct datum. Manually check system as necessary to verify datum corrections were successful. TASK 1C - Develop and Input Sanitary and I/I Flows $1600 • Prepare worksheets for households and employment data for 2015 and 2022 for sewer basins. • Using 2001 and 2003 population and employment data from Task 1A, apportion population and employment and calculate average per capita flows in each sewer basin for use in the 2001 calibration and existing (2003) models. • Prorate 2015 population and employment projections for each sewer basin for Comprehensive Plan purposes, but not for assignment to Mouse model. f:1(PModi,•ir:i W—'k CJJ. O(0)04.d<x EXHIBIT A • Prorate 2022 population and employment projections for each sewer basin for Comprehensive Plan purposes, but not for assignment to Mouse model. • Apportion ultimate (2030) population and employment projections for each sewer basin. Per capita flow rates will be the same as for the existing conditions model. TASK 1E - King County Coordination $2,500 • Additional coordination with the County, regarding obtaining County flow, missing physical data (including some connectivity of Renton pipes to KC system) and physical data accuracy and assumptions. • Conversion of County Data to NAVD 88 (from NGVD 47 + 100 feet). TASK No. 5 - Project Management $8,000 • Additional project coordination and communication with the City, including internal and external meetings, regarding the additional scope development. • The extension of the project timeline by approximately 6 months will include additional project management, as described in the original scope. Summary of Milestones for Task I - Development of a hydraulic model for the complete Renton Sanitary Sewer System Milestone 1 - Completion of model development process, including "error -checking," for the Sunset Project by June 4, 2004 and for overall model by July 30, 2004. Delay from original date of November 14, 2004 primarily due to data acquisition and model development. Milestone 2 - Completion of development and input of sanitary and 1/I flows and precipitation/evaporation data, including "dry runs" for Sunset Project by June 9, 2004 and for the overall model by August 31, 2004. Delay from original date of January 15, 2004 primarily due to planning data. Milestone 3 — Meet with CITY to discuss sanitary calibration results and obtain CITY F1 information, by June 16, 2004 for the Sunset project area, and by September 15, 2004 for overall model. Milestone 4 — Complete I/I calibration and future scenario development, by June 30, 2004 for Sunset project area and by November 15, 2004 for the overall model. Milestone 5 — Complete model documentation in Task IF, including training session, by December 15, 2004. F:1tS.(Y.i2\G'�ftAenn±f eid:ier@±u±±Y.+. 1i' (Ai ed Ren! W,1rkC)1.Q661)04.d— �frf5pumeje'n,C Z� Z-vo ARREE FOREST PROOIlCTS A00VAM P.O. BOX 359 RENTON, WASHINGTON 98057 TELEPHONE: (206) 226.3900 RtnjEIVED"" June 21, 2004 Don Persson, Council President Renton City Council 1055 South Grady Way Renton, WA 98055 Re: Public Road Crossing for Barbee Mill Plat Dear Mr. Persson: J U N z 3 Z004 O(TY OF RENTON JUN V 3 2014 REC;EIVEE) t:iT EC Rr; J r,FF1,0E We are writing to request a City Council decision on whether the access roads to the Barbee Mill plat will be public or private. My family submitted a preliminary plat on May 3, 2002, on the Barbee Mill site to create 115 residential lots as allowed by the zoning. Our plat proposes two access points off Lake Washington Boulevard that will cross the single set BNSF track. In our plat application, we offered to build either public railroad crossings with public streets or private railroad crossings with private streets at the City's election. The Planning Department informed us that it would like a City Council decision on the public versus private streets issue before it will schedule the Hearing Examiner's consideration of our the plat. The Planning Department requested that we send this letter to seek a decision from the City Council at this time as to whether the two crossings to reach our plat would be public'or private crossings. Should the Council approve public crossings, then the City and we would petition Washington Utility and Transportation Commission for its approval of public road crossings. We have been in contact with the BNSF Railroad who indicated that BNSF is willing to have public crossings In addition, the BNSF would petition the WUTC for public crossirig`s, buonly do soaif it knew that the City of Renton would not oppose such action.. jF As mentioned, we offered to do either public or private streets We personally believe thav1 public crossings are more appropriate to serve the 115 homeowners that: will live in our plf bu the City Attorney has expressed a concern about liability if t'he str.ets are public We' will provide the same types of signals and safety features whether pu>j1C ors pri�?ate:`� g� �: We assume you will refer this request for a public street and railroad crossang to the appropriate Council committee as part of the legislative process. We have asked our plat consultants to , prepare the attached rationale for a public crossing. However, ifyou decide.:agamst a�public q�. "A/��EE o"w"AZEST PAiF"Z7llACwe! P.O. BOX 359 RENTON, WASHINGTON 98057 TELEPHONE: (206) 226-3900 June 21, 2004 Page 2 AWACO crossing, the Planning Department has indicated it will prepare an adjustment or rationale for private road crossings. Thank you for your consideration. Sincerely, The Cugini Family Robert Cugini R411-k � .1 RATIONALE FOR PUBLIC RAILROAD CROSSING AND STREETS AT BARBEE MILL PLAT The Barbee Mill Preliminary Plat was applied for on May 3, 2002. A final Environmental Impact Statement was issued in May 2004. The rationale for the City of Renton to approve and pursue a public railroad crossing and public streets to access the Barbee Mill Plat is set forth below. 1. Current Use. Barbee Mill currently has two existing rights to cross the railroad tracks which have been used historically to reach the site from Lake Washington Boulevard. First, it has a permanent crossing right reserved in a 1908 deed when the property was granted to the railroad. Second, it has a permit from the Northern Pacific Railroad. These crossings have been private to date. As private crossings, they have safely and satisfactorily served the commercial/industrial uses at the Barbee Mill and Port Quendall sites under historically higher train volumes than what is currently in occurrence and that would be anticipated in the reasonable future. As the Barbee Mill Preliminary Plat Draft EIS, dated September 2003, indicates, "The rail line is currently used at a frequency of four trains per day, one local freight train round-trip, and one round-trip by the Dinner Train; operating speeds for freight trains are 10 mph. The line is occasionally used for through freight trains when the BNSF mainline down Puget Sound is closed because of landslides or other reasons. The BNSF has no plans to increase rail service on this line in the next 5 to 10 years..." (page 3-68). 2. Current Staff Discussions. As a result of the current road situation (i.e., both the private road crossing and the BNSF permit), we believe we have met the City's Code for plat access, i.e. RMC 4-6-060.G.2 requiring "Two means of access" and RMC 4-6-060.G.5 requiring "Secondary access for emergency equipment." In our view, two "public" crossings are not required by the City Code. However, City staff has indicated a different opinion, and indicated an adjustment or variance would be required to have 2 private crossings. To explore the public crossing alternative, Barbee Mill contacted Mike Cowles of BNSF, who confirmed BNSF's willingness to support a public crossing if the City would not oppose. So the Planning Director requested Barbee to obtain City Council approval of a public crossing in advance of setting the public hearing on the Barbee Plat. He preferred not to send the plat to the hearing examiner or to the Council with both the public and private options still open. Consequently, Barbee Mill is making this request for a public crossing determination now. 3. WUTC Proceedings for "Public Railroad Crossings." While both crossings currently are private, state law provides a procedure to make these crossings permanent public crossings by City Council approval and thereafter either the City or BNSF filing a petition with the Washington Utilities and Transportation Commission ("WUTC") in accordance with RCW 81.53.030 and WAC 480-62-130. As mentioned, BNSF already has agreed to have the crossings be public. 4. Design and Safety Features. As mentioned, the single railroad track being crossed to access the Barbee Mill Plat is very lightly used. Per day, there is only 1 round-trip freight train and 1 round trip Dinner Train, with travel at low speeds. Despite the light rail use, the two at - grade crossings proposed for access will be improved to maintain public safety for single-family SEA 1514085v1 26266-4 6.21.04 use of the site based on the current City of Renton road standards, including sight distance criteria and safe refuge. The ultimate design of the at -grade crossings to the plat will result from the City's approval of specific, detailed design. Further, if the City decides to have public " crossings, then the final design also will be subject to approval by the WUTC in accordance with RCW 81.53.020 and WAC 480-62-150. 5. Consistent with City Policy and Practice. The City's approval of 2 public crossings and the filing of a WUTC petition would be consistent with the City's adopted plans and current practice. Public crossings would implement the City's comprehensive plan and zoning for the Barbee Mills site. The City has zoned the west side of the tracks for high density, which calls for public, not private, crossings. The plat is fully consistent with the existing COR zone. Under GMA, the City is required to provide concurrency to implement its zoning. For the lands located west of the railroad tracks, this means establishing public crossings using the procedures allowed under state law. The City has interpreted its code to allow no more than 6 houses to be served by a private road. RMC 4-6- 060J. Consequently, if the City does not petition the WUTC for public crossings at the Barbee Mill plat site, as well as the other sites zoned for higher density, then the City would have conducted a major de facto down zone and force numerous multiple crossings, i.e., one private crossing for every six houses. For the Barbee Mill site, as well as the Quendall Terminals and Vulcan sites, the COR zone would be meaningless if the City did not petition for a public crossing to allow the development that is granted by the comprehensive plan and zoning. 6. Similar Treatment --Southport. The City has set precedent by filing WUTC petitions at the request of other property owners to implement zoning. In the minutes from the July 15, 2002, Renton City Council meeting, the Council approved a measure authorizing the Mayor and the City Clerk to enter into agreements between the City and BNSF to replace and improve the railroad crossing for the Southport project. The Southport experience provides an interesting comparison. In order for Southport residents to utilize the northern Gene Coulon Park crossing of the railroad tracks, one must break through one set of bollards and four sets of gates that close at 9:00 pm. Southport, a project with significantly more net daily trips (i.e. 10,000 versus 1,200 for S-F or 596 for Townhouse) and pm peak trips (i.e. 1,200 versus 123 for S-F or 67 for Townhouse use), has only one access across the railroad tracks available 24-hours a day. In contrast, the Barbee Mill preliminary plat currently offers two accesses and a potential third access to the south in an emergency. Even though the impacts of the Barbee Mill Plat are dramatically less, Barbee Mill is agreeable to language similar to that found in the Southport approval for purposes of moving this project forward. The City's language in the Southport decision stated: The City and the future developer(s) shall continue to work with the BNSF railroad during the design of roadway improvements to determine the most appropriate railroad crossing solution. 7. Small Increase in Liability. The City Attorney and some staff members have expressed concerns about an increase in City liability for accidents with the 2 public street 2 SEA 1514085v1 26266-4 6.21.04 crossings of railroad tracks for Barbee Mill. They are opposed to making these public crossings due to concerns about increased City liability for train accidents. However, as part of the Barbee Mill Plat, appropriate safety measures and signals would be installed as required by the City and WUTC, as well as the railroad. Further, the City already has numerous existing public crossings of this railroad track within the City limits. So there would be a very minimal and insignificant increase in liability over what exists today. The small size of the Barbee Mill project is a "drop in the bucket" for City liability exposure. There are only 2 round-trip trains per day, and there are only 1,188 daily trips that would cross the track from the Barbee Mill Plat. In contrast to the 1,188 average daily trips (ADT), there are currently over 106,500 vehicles trips crossing BNSF's tracks on City streets. In other words, the Barbee Mill project would add approximately 1% ADT to the existing trips over public streets in Renton that cross railroad tracks. The existing City crossings include Bronson Way, North 3rd Street, Houser Way, North 8th, Lake Washington Boulevard, Logan Avenue North, Mountain View Avenue, Ripley Lane. The data shows only three accidents or incidents over a five year period. This would be three out of a total of over 500,000 ADT for the five years. This would be approximately 0.0006% occurrence. [Information based upon Federal Railroad Administration data; the minimal impact of Barbee Mill is even overstated since the FRA data on average daily trips is based on traffic counts from prior years, e.g. 1986, 1995, for different intersections. ADT in 2004 for all city crossing would be substantially higher, and hence the Barbee Mill percentage would be even lower]. 6. Public At -Grade Crossing is Reasonable. It is not financially feasible nor a reasonable SEPA or plat condition to seek an above -grade or below -grade crossing of the railroad tracks. The applicant and others have investigated the enormous cost of a grade -separated grade crossing. According to Kurt Reichelt of the traffic consulting firm, HDR, Inc., above -grade crossings in this location would cost approximately $12 million each and below -grade crossings would cost approximately $8 million each. These cost numbers are rough approximations, but give an idea of the order of magnitude of the costs. In other words, above- or below -grade crossings are simply not feasible. If the City decides against a public crossing, then the alternative is multiple private crossings to serve all of the properties located west of the tracks along Lake Washington. Such a series of private crossings would not be in the public interest. If streets are private, then the general public would have no right to have access over the private streets. Hence, any trails or public areas served by the private streets and located west of the tracks would not be available to the general public. SEA 1514085v1 26266-4 6.21.04 Ar'—?P f FFF -D BY i Date to 4L OV ' COMMUNITY SERVICES COMMITTEE REPORT June 28, 2004 Nishiwaki Sister City Committee Appointments June 21, 2004) COMMITTEE OF THE WHOLE COMMITTEE REPORT June 28, 2004 :GLEAN Ul�'RE�Ol�T APPROVED BY CITV COUNCIL Date The Committee of the Whole recommends. that the following Committee -Referrals be closed: 91634 Community Involvement in Budget Process —There was a. public hearing held on 8/19/2002 and Committee recommends no changes be made this time. #1665 Review of Current Council, Meeting Policies and Procedures.— Council'.s Order of Business Policy(80Q-03) was revised on 51I7/2004 and Committee recommends no further changes be made at this #1748 —Residency Requirement for Future Department Administrators —Council discussed at their. March 2004 Rotreat and recommends no',changes be made at this time: 91755 —.Pavilion Building Lease— Alhadeff Correspondence. .'The. Economic Development; Neighborhoods and, Strategic 1'ianning Department has been in contact with Mr..Alhadeff. At this time, Mr Alh deff kias nod submitted any proposals The Committee, therefore, recommends that this item be closed Rt�erra/ #1$ —Vision ouse Re est'`for Bu>< kig Permit eepWaive 3for Chip n's t os�d {i com let the Comm' "tee reco ends this i no ¢l illage mce th constructio s p ,. �r Nelsrin clo d. #1807 = Off -Leash Dog .Park — Since the City participated in -an off -leash park with Kmg'County, the Co mmittee`recommends that no Tiirther action be. aken on this item at this time. #1917 - Maple Valley Hwy Widening Project, King County Mitigation Funds-- .Since the design for Phase I of this project is complete,and the project is.moving forward already, the' Committee recommends that this item be closed. Don Pe'rssoS, Council President C: Dennis Culp .Gregg Zimmerman Alex Pietsch Victoria Runkle APPIR,OvED By Date d --alloy APPROVAL OF CLAIMS AND PAYROLL VOUCHERS The Finance Committee' approves for.payment on June 28; 2004., claim vouchers 2276887228162 and l wire transfer; totaling $1,787,649.56 and 592 direct deposits, payroll vouchers 51138-5.1519, and 1 wire transfer, totaling $1,873,372..66 . Ra dy, Corman, Chair ➢, - - 3- Denis Law, Vice -Chair Toni Nelson; Member APPROVED BY. CITY COUNCIL Date 64r 17031 Pavilion Building Renovation; CAG-03-005 , (Referred June 21, 2004) The . Finance Committee concurs . in. the staff recommendation to approve the ' completed Pavilion Building Renovation project, commence the.60-day.lien,:period and release the retained amount of $,119,272.7.0 to Edifice Construction Company, Inc., contractor; once all June 28, 2004 15+ rmj dd� CITY OF RENTON, WASHINGTON ORDINANCE NO. 4-0 8 % AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 4-4-080 OF CHAPTER 4, CITY-WIDE PROPERTY DEVELOPMENT STANDA� OF TITLE IV (DEVELOPMENT REGULATIONS) OF ANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" CBY CREATING PARKING STANDARDS FOR DEVELOPMENT IN THE DOWNTOWN CORE. 6I2iIZoo� /a 51 THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 4-4-080.B.1 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 1. Applicability a. Within the Downtown Core (as depicted in RMC Section 4-4-080.C): This Section, except for subsections 4-4-080.F.1 through F.9 and 4-4-080.J, shall apply in the following cases: i. New buildings or structures. If construction replaces an existing building, only the area exceeding the area of the original structure shall be used to calculate required parking. H. Building/structure additions. Only the area exceeding the area of the original structure shall be used to calculate required parking. b. Outside the Downtown Core: Off-street parking, loading areas, and driveways shall be provided in accordance with the provisions of this Section in the following cases: 1 ORDINANCE NO. i. New Buildings or Structures. ii. Building/Structure Additions: The enlargement or remodeling of an existing building/structure by more than one-third (1/3) of the area of the building/structure. iii. Paving or Striping: The paving of a parking lot with permanent surface, or striping a previously unstriped lot. iv. Change in Use: The change of all or a portion of a building/structure or land use to a use requiring more parking than the previous use, as specified in subsection F.10 of this Section, except when located in a shopping center. V. Activities Requiring Deliveries or Shipments: Uses requiring merchandise deliveries and/or shipments shall provide adequate permanent off-street loading space in addition to required parking for the use. SECTION II. Section 4-4-080.B.4 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 4. Future Changes to Parking Arrangement: Any future changes in parking arrangements or number of spaces must be approved by the Development Services Division. SECTION III. Section 4-4-080.0 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 2 ORDINANCE NO. C. DOWNTOWN CORE AREA MAP: SECTION IV. Sections 4-4-080.E.2 and 3 of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" are hereby amended to read as follows: 2. Off -Site Parking: a. When Permitted. If sufficient parking is not available on the premises of the use, a private parking area may be provided off -site, except for single and two (2) family dwellings. b. Agreement Required. A parking agreement insuring that off -site parking is available for the duration of the use shall be approved by the Development Services Director, following review by the City Attorney. 3 ORDINANCE NO. C. Additional Information Required: The Development Services Division shall review the following as part of the permit process: i. A letter of justification addressing the need for off -site parking and compatibility with the surrounding neighborhood. H. A site plan showing all dimensions of parking spaces, aisles, landscaping areas, adjacent street improvements, curb cuts, and on -site and adjacent uses and buildings. d. Fees: No charge for use of such parking area shall be made in any residential zone except on a weekly or monthly basis. e. Maximum Distance to Off -Site Parking Area: i. All Zones Within the Downtown Core: No distance requirements apply when both the use and off -site parking are located within the Downtown Core. ii. Within the UCN 1 and UCN 2 Zones: Off -site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within one thousand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. iii. All Other Zones: Off -site parking shall be within five hundred feet (500') of the building or use if it is intended to serve residential uses, and within seven hundred fifty feet (750') of the building or use if it is intended to serve nonresidential uses. f. Transportation Management Plan Exception: The Planning/Building Public Works Department may modify the maximum distance requirements if a Transportation Management Plan or other acceptable transportation system will adequately provide for the parking needs of the use and the conditions outlined in RMC 4-9-250.D.2 are met. 3. Joint Use Parking Facilities: 0 ORDINANCE NO. a. When Permitted: Joint use of parking facilities may be authorized only for those uses that have dissimilar peak -hour demands. b. Agreement Required. A parking agreement insuring that joint use parking is available for the duration of the uses shall be approved by the Development Services Director, following review by the City Attorney. C. Maximum Distance to Joint Use Parking: i. All Zones Within the Downtown Core: No distance requirements apply when both the use and joint use parking are located within the Downtown Core. ii. Within the UCN 1 and UCN 2 Zones: Joint use parking shall be within seven hundred fifty feet (750') of the building or use if it is intended to serve residential uses, and within one thousand five hundred feet (1,500') of the building or use if it is intended to serve nonresidential uses. iii. All Other Zones: Joint use parking shall be within seven hundred fifty feet (750') of the building or use it is intended to serve. d. Special Provisions for Subdivision of Shopping Center: Parking areas in shopping centers may operate as common parking for all uses. If a shopping center is subdivided, easements and/or restrictive covenants must grant use and provide for maintenance of common parking and access areas. SECTION V. Section 4-4-080.F.7.b, of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 5 ORDINANCE NO. b. Landscape Approval Required: All landscaping under this Section is subject to approval by the Development Services Division. SECTION VI. Section 4-4-080.F.10.e of Chapter 4, City -Wide Property Development Standards, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as shown in Exhibit A, attached. SECTION VII. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD.1089:12/ 12/03 :ma Kathy Keolker-Wheeler, Mayor 0 EXHIBIT A e. Parking Spaces Required Based on Land Use: Modification of these minimum or maximum standards requires written approval from the Planning/Building/Public Works Department (see RMC 4-9-250). USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: The total requirements for off-street parking (2 or 3 different uses in the same building or facilities shall be the sum of the requirements haring a lot. For 4 or more uses, see for the several uses computed separately, `shopping center' requirements). unless the building is classified as a "shopping center" as defined in RMC 4-11-190. Uses not specifically identified in this Planning/Building/Public Works Department Section: staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for he most similar use listed below. RESIDENTIAL USES"OUTSIDE OF DOWNTOWN CORE: Detached and semi -attached dwellings: A minimum of 2 per dwelling unit. Tandem parking is allowed. A maximum of 4 vehicles may be parked on a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. Bed and breakfast houses: 1 per guest room. The parking space must not be located in any required setback. Manufactured homes within a manufacturedA minimum of 2 per manufactured home site, home park: plus a screened parking area shall be provided or boats, campers, travel trailers and related evices at a ratio of 1 screened space per 10 units. A maximum of 4 vehicles may be parked n a lot, including those vehicles under repair and restoration, unless kept within an enclosed building. ORDINANCE NO. USE residence: tached dwellings within the CD, RM-U, H-T, UCN-1, UCN-2 Zones and within that )rtion of the CS Zone lying within District of the Suburban and Neighborhood Inter Residential Bonus District: Cached Dwellings within the RM-N, RM-C d RM-1 Zones: hed Dwellings within all other zones: ttached dwelling for low income elderly: NUMBER OF REQUIRED SPACES per sleeping room and 1 for the proprietor, lus 1 additional space for every 4 persons mployed on the premises. .8 per 3 bedroom or larger dwelling unit; .6 per 2 bedroom dwelling unit; .2 per 1 bedroom or studio dwelling unit. ;M-T Zone Exemption: An exemption to the tandard parking ratio formula may be granted y the Development Services Director allowing parking space per dwelling unit for evelopments of less than 5 dwelling units with bedrooms or less per unit provided adequate n-street parking is available in the vicinity of ie development. per dwelling unit where tandem spaces are of provided; and/or .5 per dwelling unit where tandem parking is rovided, subject to the criteria found in ubsection F.8.d of this Section. 75 per dwelling unit where tandem spaces e not provided; and/or .25 per dwelling unit where tandem parking is rovided, subject to the criteria found in ubsection F.8.d of this Section. for every 4 dwelling units. RESIDENTIAL US ! D , , Attached dwellings: 11 per unit (Attached dwellings for low income elderly: 11 for every 3 dwelling units. 2 �� ��►�:_� LN• USE NUMBER OF REQUIRED SPACES COMMERCIAL ACTIVITIES OUTSIDE OF THE DOWNTOWN CORE, EXCEPT SHOPPING CENTERS: Drive -through retail or drive -through Stacking spaces: The drive -through facility service: shall be so located that sufficient on -site vehicle stacking space is provided for the handling of motor vehicles using such facility uring peak business hours. Typically 5 tacking spaces per window are required unless otherwise determined by the Development Services Director. Stacking paces cannot obstruct required parking paces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 0.4 per 100 square feet of net ,floor area and a maximum of 0.5 per 100 square feet of net floor area except when part of a shopping center. Convalescent centers: 1 for every 2 employees plus 1 for every 3 beds. Day care centers, adult day care (I and 11): 1 per employee and 2 loading spaces within 100' of the main entrance for every 25 clients f the program. Hotels and motels: 1 per guest room plus 2 for every 3 employees. Mortuaries or funeral homes: 1 per 100 square feet of floor area of assembly rooms. Vehicle sales (large and small vehicles) 1 per 5,000 square feet. The sales area is not with outdoor retail sales areas: a parking lot and does not have to comply with dimensional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5' perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. ORDINANCE NO. Vehicle service and repair (large and small 0.25 per 100 square feet of net floor area. vehicles): USE NUMBER OF REQUIRED SPACES Offices, medical and dental: 0.5 per 100 square feet of net floor area. Offices, general: A minimum of 3 per 1,000 feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking establishments and 1 per 100 square feet of net floor area. taverns: Eating and drinking establishment 1 per 75 square feet of net floor area. Combination sit-down/drive-through restaurant: Retail sales and big -box retail sales A maximum of 0.4 per 100 square feet of net floor area, except big -box retail sales, which is allowed a maximum of 0.5 per 100 square feet f net floor area if shared and/or structured parking is provided. Services, on -site (except as specified A maximum of 0.4 per 100 square feet of net below): floor area. Clothing or shoe repair shops, furniture, 0.2 per 100 square feet of net floor area. appliance, hardware stores, household equipment: Uncovered commercial area, outdoor 0.05 per 100 square feet of retail sales area in nurseries: addition to any parking requirements for buildings. Recreational and entertainment uses: Outdoor and indoor sports arenas, 1 for every 4 fixed seats or 1 per 100 square auditoriums, stadiums, movie theaters, and feet of floor area of main auditorium or of entertainment clubs: principal place of assembly not containing fixed eats, whichever is greater. Bowling alleys: 5 per alley. Dance halls, dance clubs, and skating 1 per 40 square feet of net floor area. rinks: Golf driving ranges: 1 per driving station. Marinas: 2 per 3 slips. For private marina associated with a residential complex, then 1 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses: 1 per hole. ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Other recreational: 1 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: 1 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE DOWNTOWN CORE EXCEPT SHOPPING ENTERS: All uses allowed in the CD zone except for 1 space per 1,000 square feet of net floor area. he following uses: Excepted Uses: Convalescent center, drive -through retail, drive -through service, hotels, mortuaries, indoor sports arenas, Excepted Uses follow the standards applied auditoriums, movie theaters, entertainment outside the Downtown Core. clubs, bowling alleys, dance halls, dance clubs, and other recreational uses. HOPPING CENTERS: Shopping centers (includes any type of A minimum of 0.4 per 100 square feet of net business occupying a shopping center): floor area and a maximum of 0.5 per 100 square feet of net floor area. In the UCN-1 and UCN-2 Zones, a maximum of 0.4 per 100 square feet of net floor area is permitted unless structured parking is provided, in which case 0.5 per 100 square feet of net floor area is permitted. Drive -through retail or drive -through ervice uses must comply with the stacking pace provisions listed above. INDUSTRIAUSTORAGE ACT- NITIES: irplane hangars, tie -down areas: Parking is not required. Hangar space or tie - own areas are to be utilized for necessary parking. Parking for offices associated with hangars is 1 per 200 square feet. Manufacturing and fabrication, laboratories, A minimum of 0.1 per 100 square feet of net and assembly and/or packaging operations: floor area and a maximum of 0.15 spaces per 100 square feet of net floor area (including warehouse space). ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Self service storage: 1 per 3,500 square feet of net floor area. Maximum of three moving van/truck spaces in addition to required parking for self service storage uses in the RM-1 Zone. Outdoor storage area: 0.05 per 100 square feet of area. Warehouses and indoor storage buildings: 1 per 1,500 square feet of net floor area. PUBLIC/QUASI-PUBLIC ACTIVITIES: Religious institutions: 1 for every 5 seats in the main auditorium, however, in no case shall there be less than 10 paces. For all existing institutions enlarging the eating capacity of their auditoriums, 1 additional parking space shall be provided for every 5 additional seats provided by the new onstruction. For all institutions making structural Iterations or additions that do not increase the eating capacity of the auditorium, see "Outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs." Medical institutions: 1 for every 3 beds, plus 1 per staff doctor, plus 1 or every 3 employees. Cultural facilities: 4 per 100 square feet. Public post office: 0.3 for every 100 square feet. Secure community transition facilities: 1 per 3 beds, plus 1 per staff member, plus 1 per employee. Schools: Elementary and junior high: 1 per employee. In addition, if buses for the transportation of students are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, parochial and 1 per employee plus 1 space for every 10 private: students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1 off-street parking space shall be provided for each bus of a size sufficient to park ach bus. ORDINANCE NO. USE NUMBER OF REQUIRED SPACES Colleges and universities, arts and crafts 1 per employee plus 1 for every 3 students schools/studios, and trade or vocational residing on campus, plus 1 space for every 5 schools: day students not residing on campus. In addition, if buses for transportation of students re kept at the school, 1 off-street parking pace shall be provided for each bus of a size ufficient to park each bus. CITY OF RENTON, WASHINGTON ORDINANCE NO. 6'0 9? - Sec IM n LkM 6.en. C�I�a nSecl from-5- ono. C I5 Ll-5- -Dafe added iN-� �V-tW r kS loah AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-2.C.1.e(1) OF CHAPTER 3, REMEDIES AND 6 _ ��► y PENALTIES, OF TITLE I (ADMINISTRATION); AND SECTION 4-5- 070.C.69 OF CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON" BY ADOPTING THE AMENDMENTS TO THE INTERNATIONAL FIRE CODE THAT OUTLAW ALL FIREWORKS AND THAT ESTABLISH PENALTIES FOR VIOLATION OF THE FIREWORKS LAWS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Section 1-3-2.C.Le(1) of Chapter 3, Remedies and Penalties, of Title I (Administrative) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: (1) Fire Prevention and International Fire Code Regulations: RMC 4-5-070, except for those fireworks which are classified as common fireworks by the Washington Administrative Code Section 212-17-035, as now or hereafter amended. SECTION II. Section 4-5-070.C.69, of Chapter 5, Building and Fire Regulations, of Title IV (Development Regulations) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby amended to read as follows: 69. Explosives and Fireworks — Chapter 33 of the International Fire Code, 2003 1lurn6 r Cl &Vg92 edition, is hereby amended to read as follows: a. The possession, sale and discharge of all fireworks is prohibited in the City of Renton, as of May 21, 2005. ORDINANCE NO. b. Exception - Section 3301.4.6.1: Displays authorized by the City Council under permit issued pursuant to City Code, and the Washington Administrative Code, if required. C. Section 3301.4.7 — Public Display; Insurance Required: Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancellable except by a 45-day pre -cancellation notice in writing to the City. d. Section 3301.4.7.1 - Pyrotechnic Operator Required: Every city -authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. e. Enforcement Section 3301.4.9 — Enforcement Officer: The Fire Code Official or the Official's duly authorized representative is hereby designated as the enforcing officer of this chapter. For acts that are deemed in violation of the law, whether civil infraction or misdemeanor, the Police Department is also authorized to enforce the law. f. Penalty: Any violation of this Subsection on Fireworks shall be an infraction only and punishable under City Code Section 1-3-2 entitled Civil Penalties, except possession, sale or discharge of fireworks not classified as "common" by the Washington Administrative Code Section 212-17-035, as now or hereafter amended, shall be a misdemeanor. 2 ORDINANCE NO. SECTION III. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 1 121:7/24/04:ma Kathy Keolker-Wheeler, Mayor 3 e1P,i, 2V0 q 141 e ) "gK&J-e rtVisro-n oa,4 Sec-hon CITY OF RENTON, WASHINGTON ORDINANCE NO. SOY AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDING SECTION 10-12-28 OF CHAPTER 12, TRAFFIC CODE, OF TITLE X (TRAFFIC) OF ORDINANCE NO. 4260 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON, WASHINGTON- TO REGULATE THE USE OF MOTORIZED FOOT SCOOTERS BY ELIMINATING OR PROHIBITING THEIR USE ON SIDEWALKS, STREETS, AND IN PARKS; PROHIBITING THEIR OPERATION BY THOSE UNDER 13 YEARS OF_ AGE; PROHIBITING THEIR OPERATION -FROM A HALF HOUR AFTER SUNSET UNTIL A HALF HOUR BEFORE SUNRISE; REQUIRING OPERATORS TO WEAR HELMETS; REQUIRING THE DEVICES TO BE MUFFLED; REQUIRING THE SAFE OPERATION OF SUCH VEHICLES; AND PROVIDING A PENALTY FOR VIOLATION. A-JJ.eA THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. A new Section, 10-12-28, of Chapter 12, Traffic Code, of Title X (Traffic) of Ordinance No. 4260 entitled "Code of General Ordinances of the City of Renton, Washington" is hereby added, to read as follows: 10-12-28 MOTORIZED FOOT SCOOTERS A. Definition: A motorized foot scooter is a device with no more than two 10-inch or smaller diameter wheels that has handlebars, is designed to be stood or sat upon by the operator, and is powered by an internal combustion engine or electric motor that is capable of propelling the device with or without human propulsion. B. Duty to obey traffic -control signs and rules of the road: Any person operating a motorized foot scooter or similar device shall obey all the rules of the road applicable to vehicle or pedestrian traffic, as well as the instructions of official traffic -control signals, signs, and other control devices applicable to vehicles, unless otherwise directed by a police officer. 1 ORDINANCE NO. C. Unsafe Use Prohibited: No motorized foot scooter shall be ridden in a negligent or unsafe manner but shall be operated with reasonable regard for the safety of the operator and other persons. D. Use Prohibited in Certain Areas: Motorized foot scooters shall not be operated in any park, trail, or sidewalk, or on streets with a maximum speed limit above 25 miles per hour, or any corridor marked "No non -motorized vehicles." Exception: this section shall not apply to the use of wheelchair conveyances when operated by a disabled person, as defined in RCW 46.04.710, strollers used to transport small children, or City equipment. E. Helmets and reflectors required: 1. Any person operating a motorized foot scooter, or riding as a passenger on or in tow of a motorized foot scooter upon any public area in the City of Renton shall wear an approved helmet designed for safety and shall have either a neck or chin strap of the helmet fastened securely while the motorized foot scooter is in motion. No person shall transport any person on or in tow of a motorized foot scooter upon a public area in the jurisdiction of the City of Renton unless the passenger is wearing a helmet that meets the requirements of this chapter. A parent or guardian is responsible for guaranteeing that a child under the age of 18 years wears an approved helmet while operating or riding as a passenger on a motorized foot scooter in any public area in the City of Renton and has the neck or chin strap of the helmet securely fastened. 2. Pursuant to RCW 46.04(9), a motorized foot scooter must be affixed with visible reflectors of a type approved by the Washington State Patrol whenever the vehicle is operated at any time between one-half hour after sunset until one-half hour before dawn. F. Mufflers required: Any motorized foot scooter operated within the City of Renton shall have affixed a muffler or modified muffling device. 2 ORDINANCE NO. Minimum Age: A motorized foot scooter may not be operated by any individual who is under 13 years of age. A �G Hours of operation: No motorized foot scooter shall be operated within the hours of 1 /2 hour after sunset until 1 /2 hour before sunrise. I. Violation — Penalty: Any person violating the provisions of Section 10-12-28 of the Renton Municipal Code shall be guilty of a traffic infraction and shall be punished pursuant to Section 1-3-2 of the Renton Municipal Code, exclusive of any statutory assessments, provided, conduct that constitutes a criminal traffic offense shall be charged as such and is subject to the maximum penalties allowed for such offenses. J. Severability: If one or more sections, subsections, or sentences of this Ordinance is held to be unconstitutional or invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance and the same shall remain in full force and effect. SECTION II. This ordinance shall be effective upon its passage, approval, and 30 days after publication. PASSED BY THE CITY COUNCIL this day of , 2004. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this day of , 2004. Kathy Keolker-Wheeler, Mayor 3 ORDINANCE NO. Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD. 11 14:5/20/04:ma